In addition to the Purchase Price, Buyer agrees to pay $2,500 per lot at Closing as a “community enhancement fee” which Seller will apply exclusively towards funding an amenity package on the Property. The current proposed amenity package is attached on Exhibit B hereto.

In addition to the Purchase Price, Buyer agrees to deliver to Escrow Agent $2,500 per lot ($310,000 total) at Closing as a “community enhancement fee” to be held by Escrow Agent in order to help compensate/reimburse Seller for funding an amenity package on the Property after Closing. The current proposed amenity package is attached on [Exhibit B] hereto. Prior to Closing, Seller shall provide Buyer with a copy of the final plans & specifications for the amenity package (“Amenity Plans”) and Buyer will review, comment and approve of the Amenity Plans within seven (7) days after receipt. Seller shall commence construction of the amenity package improvements within 30 days after Closing and complete same within 6 months after Closing, subject to “Force Majeure” (which in this Agreement is defined as that term is defined in the USA reference below but as such definition is applicable to Seller). If Seller has not completed the amenity package improvements within this 6 month period, then Seller shall have an additional thirty (30) days to complete, during which time Buyer and the Escrow Agent may withhold any remaining escrowed portions of the community enhancement fee until completed (as further described in the process below). As Seller constructs and completes the components of the amenity package, Seller may submit periodic draw requests to the Escrow Agent (with a copy to Buyer) requesting a draw from the community enhancement fee held in escrow to pay for/reimburse Seller’s contractor for the completed components of the amenity package for which the draw is being requested. Each draw request shall be accompanied by # a certification by the engineer/architect that the portion of the amenity package for which the draw request is being made has been completed substantially in accordance with the Amenity Plans and # fully executed conditional lien waiver from the general contractor for the work performed. Upon submission of a draw request with the information/documentation required above, then Escrow Agent shall pay the draw with the community enhancement fee funds held in escrow, subject to availability. The parties may enter into a separate Community Enhancement Fee Escrow Agreement as necessary which shall be subject to these terms. All parties acknowledge that the community enhancement fee contributed by Buyer herein does not necessarily represent the total cost of completion of the amenity package but is merely Buyer’s agreed upon contribution toward said costs, and Seller is obligated to complete the amenity package and pay for all costs over and above the amount of the community enhancement fee contributed by Buyer as stated herein. All parties acknowledge that the obligations under this provision shall survive Closing.