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5A7 First Amendment to Development Agreement (Property Bros.) - Signed
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5A7 First Amendment to Development Agreement (Property Bros.) - Signed
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12/11/2025 1:27:11 PM
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Dept of Community Investment
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1 <br />FIRST AMENDMENT TO DEVELOPMENT AGREEMENT <br />This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “First <br />Amendment”) is made and entered into to be effective as of December 11, 2025, by and between <br />the City of South Bend, Department of Redevelopment, acting by and through its governing body, <br />the South Bend Redevelopment Commission (the “Commission”), and Property Bros LLC, an <br />Indiana limited liability company with offices at 1251 N. Eddy St, Suite 200, South Bend, IN <br />46617(the “Developer”). <br />RECITALS <br />A.The Commission and the Developer entered into that certain Development <br />Agreement dated effective June 13, 2024 (collectively the “Development Agreement” or as may <br />be referred to as simply the “Agreement”), for development of certain real property located in St. <br />Joseph County, City of South Bend, State of Indiana. All capitalized terms used but not otherwise <br />defined herein shall have the meanings ascribed to such terms in the Development Agreement. <br />B.Concurrently with the execution of the Development Agreement, the Commission <br />entered into a certain Real Estate Purchase Agreement (the “Purchase Agreement”) under which <br />the Commission agreed to sell to Developer certain real property to be included in the Project. <br />C.Certain circumstances have changed since the execution of the Development <br />Agreement and Purchase Agreement, and the Commission and the Developer now collectively <br />desire to amend the Development Agreement to remove one of the parcels of real property from <br />the Project scope, which parcel is expected to be transferred back to the Commission’s ownership <br />through an amendment to the Purchase Agreement, executed concurrently herewith. <br />D.The Commission believes that updating the terms of the Development Agreement <br />to reflect such changes in the best interests of the health, safety, and welfare of the City and its <br />residents. <br />E.The Commission and the Developer now desire to amend the Development <br />Agreement as set forth herein. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of these premises, and the mutual covenants and <br />promises contained herein and other good and valuable consideration, the receipt and sufficiency <br />of which are hereby acknowledged, the Developer and the Commission hereby agree as follows: <br />1. Recitals. The recitals set forth above, including each and every recital contained <br />therein, are incorporated into and made a part of this First Amendment as though fully set forth <br />herein. <br />2.Amendments. The Development Agreement is hereby amended as follows:
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