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Respond to changing conditions & Facilitate completion of sale by end of 2022 <br />Acknowledge that: <br />terms of sale do not require mixed use (subject to CUP) <br />Buyer is working in good faith toward obtaining discretionary entitlements <br />Buyer has already satisfied the condition of sale pertaining to purchase of the Adjacent <br />Properties, completion of geotechnical and environmental site assessments, and is in the <br />process of preparing to submit its project application to the City <br />Closing will need to occur prior to completion of entitlements <br />Buyer will agree to waive Buyer’s Condition to Closing of Entitlements if: <br />conveyance documents contain a clause pertaining to a “condition subsequent” by which if <br />Buyer has not received entitlements by specified date, or has received litigation, the <br />property will revert to the City/RDA and purchase price returned [mechanics/costs to be <br />finalized] <br />Fifth Amendment to PSA