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<br />EXHIBIT A <br />TO <br />ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT <br /> <br />ASSUMED OBLIGATIONS <br />Excepted as otherwise stated below the following obligations are assigned and assumed by Buyer under <br />the Development Agreement with respect to the Property. All section references refer to the applicable <br />sections of the Development Agreement: <br /> <br />Section 1. Amended and Restated Master Planned Unit Development Agreement and Phase I <br />Development Contract (Amended and Restated Development Agreement) (PC#15-002) <br />a. Any and all obligations in the Redevelopment Plans governing the Property or to which the <br />Property is subject, regardless of whether the Amended and Restated Development Agreement if <br />recorded at closing (Section 1). <br />b. Buyer shall cooperate and not interfere with Seller’s obligations to apply for PUD-Final <br />Plan for Phase III submission by the June 1, 2016 deadline and cooperate with Seller <br />obligation to provide yearly updates to the City has set forth in Section 2(B) and 2(D) <br />c. Buyer shall assume the obligation to patch and sealcoat the existing Arden Plaza parking lot on <br />Lot 3, Block 1 (now Lots 2 and 3, Block 1, Arden Plaza 2nd Addition on or before September 30, <br />2015 (See also, section 4(C) of the Third Amendment), or post adequate security as provided in <br />the Development Agreement. Seller acknowledges its obligation to provide a credit on the <br />Purchase Price for the assumption of this duty. <br />d. Buyer assumes the obligation to pay its allocable share of Traffic Signals and Future Assessment <br />for the B-2 District Streetscape as set forth in Sections 2(I) and 2(K) which share shall be <br />determined by multiplying the costs of the project attributable to the former Lot 3, Block 1, <br />Arden Plaza by 12.09%. <br />e. Buyer shall not interfere with Seller’s obligations under Section 2(J) <br />f. Buyer shall provide Construction Easements set forth in Section 2(L) if requested by the City, <br />g. Buyer and Seller shall jointly fulfill the obligations set forth in Section 3. <br />h. Buyer assumes the obligations regarding tree replacement way set forth in Section 4(E) along <br />any public right of adjacent to the Property <br />i. Buyer shall cooperate and not interfere, but not assume the obligation to record the Amended <br />and Restated Development Agreement document set forth at Section 8, including without <br />limitation signing a consent and acknowledgement of the document for any purpose including <br />recording. <br /> <br />Section 2. Planned Unit Development Agreement and Conditional Use Permit – Phase 1 – Third <br />Amendment (PC#15-002) (Third Amendment) <br />a. Buyer assumes all obligations under Section 4(A) - titled Conditional Use Permit for Planned <br />Unit Development. <br />b. Buyer shall cooperate with Seller to fulfill the obligations set forth in Section 4(B). <br />c. Section 4(C)(1) – Implementation of the January 29, 2015 letter from Dave Scherbel, Building <br />Official, Tim Boehlke, Lake Johanna Fire Chief and Rick Current, Lake Johanna Fire Marshal <br />(Exhibit B), except the obligations listed at nos. 2, 4, 5 and 6. Buyer and Seller agree to <br />cooperate in satisfying the obligations at nos. 1, 7, 8, and 9, all other obligations shall solely but <br />9 <br />