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BMDV-54329\2564048.1 2 G. Pursuant to Section 3 of the Second Amendment, Buyer provided an Additional Deposit in consideration of the City and Agency further extending the Due Diligence Contingency Period. H. Pursuant to Section 2 of the Second Amendment, on January 26, 2021, Buyer exercised its right to seek an additional extension of the Due Diligence Contingency Period to January 31, 2022, and provided an Additional Deposit in accordance with Section 5.1 of the Agreement. I. Buyer, Agency and the City have determined that it is necessary to continue the Due Diligence Contingency Period for an additional time period, as set forth in more detail below, to allow the Buyer to complete a soils investigation and evaluate the implications of same related to additional potential costs and changes to the architectural design of the proposed development. J. Buyer has agreed to provide the Additional Deposit required under Section 5.1 of the Agreement in consideration of the City and Agency further extending the Due Diligence Contingency Period. K. City, Agency and Buyer desire to enter into this Amendment in order to further extend the Due Diligence Contingency Period. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Amendment, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the Parties, Agency, City and Buyer hereby agree as follows: Section 1. Recitals. The above recitals are true and the recitals, and defined terms set forth therein, are incorporated into this Amendment by this reference. Section 2. Extension of Due Diligence Contingency Period. The Due Diligence Contingency Period is hereby extended to May 31, 2022 in order to provide additional time for Buyer to complete a soils investigation and evaluate the implications of same related to additional potential costs and changes to the architectural design of the proposed development. Section 3. Deposit into Escrow. Within five (5) business days of the Amendment Date, Buyer shall deposit Twenty-Five Thousand Dollars ($25,000) into Escrow as an Additional Deposit. The Additional Deposit is non-refundable in the event that the Agreement is terminated by Buyer through no fault of City or Agency, as set forth in Section 3.3 of the Agreement. Section 4. Ratification. Except as otherwise expressly set forth herein, all other terms and conditions of the Agreement remain unchanged and in full force and effect.