HomeMy WebLinkAbout5A3 First Amendment to Development Agreemtn Great Lakes Capital Ignition ParkFIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This First Amendment to Development Agreement (this "First Amendment ") is made effective as
of September 15, 2016 (the "Effective Date "), by and between Great Lakes Capital Development LLC
(the "Developer "), and the South Bend Redevelopment Commission, the governing body of the City of
South Bend Department of Redevelopment (the "Commission ") (collectively, the "Parties ").
RECITALS
A. The Developer and the Commission are parties to that certain Development Agreement
entered into on March 27, 2014 (the "Development Agreement "). Capitalized terms used but not defined
herein shall have the meanings ascribed to such terms in the Development Agreement.
B. The Parties desire to amend the Development Agreement to reflect their agreement
concerning the handling of certain soil presently located on Parcel 2.
NOW, THEREFORE, in consideration of the mutual promises and obligations in this First
Amendment and the Development Agreement, the adequacy of which consideration is hereby
acknowledged, the Developer and the Commission agree as follows:
1. A new section, enumerated Section 4.14, is added to the Development Agreement and
reads as follows:
4.14 Handling of Soil Mound on Lot 2. The Parties acknowledge
that, as of September 15, 2016, Commission owns Lot 2, which contains
a soil mound obstructing the view of one or more buildings constructed
by the Developer on Lot 1. At its cost and in its discretion, Commission
will remove or reduce the size of the soil mound to improve the visibility
of Developer's improvements on Lot 1, provided, however, that in no
event will Commission move any portion of the soil mound to a location
outside Ignition Park (as defined herein). In the event Developer desires
to use all or any portion of the soil mound after September 15, 2016
(whether at that time such portion is retained on Lot 2 or relocated
elsewhere within Ignition Park) in the construction of the Projects,
Developer will give Commission or its designee written notice of such
desire, including all pertinent details of the quantity and purposes of the
soil desired by Developer and the location(s) where Developer proposes
to use the soil. Upon Commission's or its designee's permission to
proceed, Developer will exercise due care in moving the desired soil to
one or more locations within Ignition Park and will immediately remedy
any physical damage to Ignition Park or its vicinity, including damage to
the streets, sidewalks, or any infrastructure elements, caused by
Developer or its agents or contractors in connection with moving the soil
or preparing the area(s) intended to receive the soil. Developer will bear
any and all costs associated with moving the soil it desires for the
Projects, remedying any damage caused in connection therewith, and
taking any measures to prevent such damage. Neither the Commission
nor the City will have any liability for any such costs. Developer agrees
that it will not remove from Ignition Park any amount of soil derived
from the soil mound for any purpose at any time.
2. This First Amendment may be executed in any number of counterparts, and each
counterpart shall constitute an original instrument, but all such separate counterparts shall constitute one
and the same agreement. The signature page to this First Amendment may be delivered by facsimile or
other electronic transmission and the signatures thereon shall be deemed effective upon receipt by the
intended receiving parry.
3. To the extent that any of the provisions of this First Amendment are inconsistent with the
provisions in the Development Agreement, the provisions of this First Amendment shall control. To the
extent not inconsistent with the provisions in this First Amendment, the Development Agreement shall
remain unchanged, unaltered and in full force and effect.
IN WITNESS WHEREOF, the Parties hereby execute this First Amendment to Development
Agreement to be effective on the Effective Date stated above.
COMMISSION: DEVELOPER:
City of South Bend, Department of
Redevelopment
Development LLC
Marcia I. Jones, President RyffW(,j Ran's, anaging Partner
ATTEST:
Donald E. Inks, Secretary
4000.0000009 46458045.001
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