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( A ( a) <br /> AMENDMENT TO <br /> CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT <br /> BY AND BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION <br /> AND COLFAX HILL PARTNERS,LLC, <br /> THIS AMENDMENT to the Contract for Sale of Land for Private Development, dated <br /> , 2013, is entered into this day of July, 2014, by and between <br /> the South Bend Redevelopment Commission (the "Commission"), established under the <br /> Redevelopment of Cities and Towns Act of 1953, as amended, being Ind. Code 36-7-14-1, et <br /> seq. (the "Act"), and having its office at 1400 County-City Building, South Bend, Indiana, and <br /> Colfax Hill Partners, LLC, a limited liability company organized under the laws of the State of <br /> Indiana(the "Developer"), having its principal place of business at 1115 Burns Ave, South Bend, <br /> IN 46601. <br /> WHEREAS, the Commission and the Developer are parties to an agreement entitled <br /> "Contract for Sale of Land for Private Development (the "Agreement") dated <br /> 2013; and <br /> WHEREAS, the bids submitted to the Commission (through the South Bend Board of <br /> Public Works, as agent of the Commission) are in excess of the projected costs for the Local <br /> Public Improvements (as defined in the Agreement) and the Parties desire to amend the <br /> Agreement to account for the increase in costs and to provide for additional items to be included <br /> within the Commission's commitments for the construction of Local Public Improvements; and <br /> WHEREAS, this Amendment is entered into as the Amendment to the Contract for Sale <br /> of Land for Private Development to modify certain terms and conditions expressed in the <br /> Contract for Sale of Land for Private Development; and <br /> NOW, THEREFORE, in consideration of the mutual promises and obligations set forth <br /> herein, the parties make this Amendment to the Contract for Sale of Land for Private <br /> Development as follows: <br /> 1. Section III. (C.) of the Agreement is amended to read: <br /> "C. Local Public Improvements and Funding Amount. The Commission agrees to <br /> facilitate the Project in accordance with the powers granted the Commission under the Act by <br /> undertaking certain local public improvements on and around the Property, as more particularly <br /> described in Exhibit C (the "Local Public Improvements") in an amount not to exceed <br /> $280,000.00 (the "Funding Amount") no later than December 31, 2016 (the "LPI Completion <br /> Date")." <br /> 2. Exhibit B of the Agreement is amended to read as shown in the revised Exhibit B, <br /> attached hereto and made a part hereof <br />