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1/13/2014 11:44:18 AM
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AMENDMENT TO <br />PURCHASE AGREEMENT <br />By and Between <br />South Bend Redevelopment Commission <br />Richard C. Hamilton and Hamilton Body Shop, Inc. <br />THIS AMENDMENT TO PURCHASE AGREEMENT, dated as of the day of <br />, 2013, is made and entered into between the South Bend Redevelopment <br />Commission, for and on behalf of the City of South Bend, Department of Redevelopment (the <br />"City ") and Richard C. Hamilton ( "Hamilton ") and Hamilton Body Shop, Inc. ( "Hamilton Body <br />Shop ") (collectively, the "Owner "). <br />RECITALS <br />WHEREAS, the City and the Owner entered into that certain Purchase Agreement dated <br />May 31, 2012, (the "Purchase Agreement ") whereby the City agreed to purchase certain parcels <br />of real estate from Hamilton (the "Hamilton Properties ") and certain parcels of real estate from <br />Hamilton Body Shop (the "Hamilton Body Shop Properties "); and <br />WHEREAS, the Purchase Agreement provided that the "City shall be entitled to <br />possession of the parcels located at 802 S. Lafayette on July 31, 2012, the parcels located at 910 <br />S. Lafayette on March 31, 2013 and the parcels located at 917 S. Lafayette on June 30, 2014 "; <br />and <br />WHEREAS, the Owner wishes to remain in possession of the parcels located at 910 S. <br />Lafayette until April 30, 2013, and the City desires to accommodate the Owners request; and <br />WHEREAS, the Purchase Agreement survives closing by its terms, as stated in Paragraph <br />12, therein; and <br />WHEREAS, the Parties have agreed to amend the Purchase Agreement to reflect the <br />change in possession of the parcels located at 910 S. Lafayette. <br />NOW, THEREFORE, the Parties hereby agree and represent as follows: <br />1. Paragraph I.e. of the Purchase Agreement is amended to read as follows: <br />C. The Owner shall continue to own the relevant portions of the Property until <br />Closing Date 1 and Closing Date 2, respectively, and hereby covenants that <br />the Owner will not alter the condition of the Property, except as herein <br />specifically allowed. The City shall be entitled to possession of the parcels <br />located at 802 S. Lafayette on July 31, 2012, the parcels located at 910 S. <br />Lafayette on April 30, 2013 and the parcels located at 917 S. Lafayette on <br />
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