6A(1) First Amendment to Development Agreement with WNIT Public Broadcasting

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~ ~ ~_~~ FIRST AMENDMENT TO DEVELOPMENT AGREEMENT AND AGREEMENT FOR EASEMENT BETWEEN SOUTH BEND REDEVELOPMENT COMMISSION AND MICHIANA PUBLIC BROADCASTING CORPORATION THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT AND AGREEMENT FOR EASEMENT is made and entered into this day of September, 2009 by and between the South Bend Redevelopment Commission (the "Commission") and MICHIANA PUBLIC BROADCASTING CORPORATION ("WNIT"), a nonprofit corporation organized and duly existing under the laws of Indiana (the South Bend Redevelopment Commission and WHIT being sometimes referred to herein individually as a "Party" and collectively as the "Parties"). WHEREAS, the Commission and WNIT are parties to an agreement entitled "Development Agreement Between the City of South Bend Redevelopment Commission and Michiana Public Broadcasting Corporation" dated and made effective December 5, 2008 (the "Agreement") related to premises located at 300 West Jefferson Blvd., South Bend, Indiana; and WHEREAS, pursuant to the Agreement, WNIT has executed that certain document entitled "Agreement for Easement" (the "Easement") whereby WNIT conveyed to the Commission an easement as described in the Agreement; and WHEREAS, the Parties will be unable to complete the terms of the Agreement before the expiration of the Easement and wish to extend the duration of the Easement; and WHEREAS, this agreement is entered into as the "First Amendment to Development Agreement" to modify the terms and conditions in the Agreement and the Easement. NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties make this First Amendment to Lease as follows: Paragraph 2 of the Agreement is modified to read as follows (modifications italicized): WNIT will convey an Easement in the Donated Property to the Commission in a form which is satisfactory to WNIT and the Commission (the "Easement"). WNIT will not warrant title to the Donated Property nor provide title insurance, provided, however, the Commission may refrain from accepting the Easement to the Property if, in its sole discretion, WNIT is unable to convey an acceptable Easement to the Donated Property. The term of the Easement shall be for a period of eighteen (18) months from the date the Easement is executed, but the Commission shall have an option at its discretion to renew the Easement for six (6) consecutive thirty (30) day periods by