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HomeMy WebLinkAbout5A4 First Amendment to REPA (Jefferson and Main)1 FIRST AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT This First Amendment To Real Estate Purchase Agreement (this “First Amendment”) is made effective as of August 23, 2018 (the “Effective Date”), by and between the City of South Bend, Indiana, Department of Redevelopment, acting by and through its governing body, the South Bend Redevelopment Commission (“Seller”) and Bald Mountain LLC, an Indiana limited liability company with its office address at 21953 Protecta Drive, Elkhart, Indiana 46516 (“Buyer”) (each a “Party” and together the “Parties”). RECITALS A. Buyer and Seller entered into that certain Real Estate Purchase Agreement, dated April 26, 2018 (the “Purchase Agreement”), for the purchase and sale of the Property (as defined in the Purchase Agreement) located in the City of South Bend. B. Buyer has requested an extension of the due diligence period due to unforeseen circumstances. C. The Parties wish to further amend the Purchase Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual promises and obligations in this First Amendment and the Purchase Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: 1. In Section 3.B. of the Purchase Agreement, the phrase “one hundred twenty (120) days” shall be deleted and replaced with “one hundred fifty (150) days.” 2. Unless expressly modified by this First Amendment, the terms and provisions of the Purchase Agreement remain in full force and effect. 3. Capitalized terms used in this First Amendment will have the meanings set forth in the Purchase Agreement unless otherwise stated herein. [Signature page follows.] 2 IN WITNESS WHEREOF, the Parties hereby execute this First Amendment to Real Estate Purchase Agreement to be effective on the Effective Date stated above. BUYER: Bald Mountain LLC, an Indiana limited liability company __________________________ Printed: Its: Dated: SELLER: City of South Bend, Department of Redevelopment, by and through its governing body, the South Bend Redevelopment Commission __________________________ Marcia I. Jones, President ATTEST: __________________________ Donald E. Inks, Secretary