HomeMy WebLinkAbout5A3 First Amendment to Purchase Agreement (Metro Fibernet, LLC)1
FIRST AMENDMENT TO PURCHASE AGREEMENT REAL ESTATE
This First Amendment To Purchase Agreement Real Estate (this “First Amendment”) is
made effective as of May 27, 2020 (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 Metro Fibernet, LLC, a Nevada limited liability
company with its principal place of business at 8837 Bond Street, Overland Park, Kansas 66214
(“Buyer”) (each a “Party” and together the “Parties”).
RECITALS
A. Buyer and Seller entered into that certain Purchase Agreement Real Estate, dated
February 27, 2020 (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. The Parties wish to amend the Purchase Agreement to extend the closing date and
to allow the Seller to remove and palletize certain bricks at Seller's cost 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 15 of the Purchase Agreement, the phrase “ninety (90) days after the
Effective Date of this Agreement” shall be deleted and replaced with “two hundred ten (210) days
after the Effective Date of this Agreement.”
2. Section 16 of the Purchase Agreement shall be deleted in its entirety and replaced
with the following:
16. SELLER'S REMOVAL OF BRICK PAVERS. Seller desires to retain ownership of
the brick pavers (the "Bricks") that formed Tutt Street, which runs through the Property and which
has been formally vacated. Seller shall have the right to enter onto the Property at any time prior
to the closing and, at Seller's sole expense, remove and palletize the Bricks.
3. Unless expressly modified by this First Amendment, the terms and provisions of
the Purchase Agreement remain in full force and effect and 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: SELLER:
Metro Fibernet, LLC South Bend Redevelopment Commission
By:__________________________ By:__________________________
Marcia I. Jones, President
Printed:_______________________
Attest:________________________
Title:_________________________ Quentin M. Phillips, Secretary
Dated: _______________________ Dated: June 25, 2020
John Greenbank
Executive Vice President
June 19, 2020
John Greenbank (Jun 20, 2020 10:34 CDT)
First Amendment to Purchase Agreement
(Metronet) closing date and bricks eff 052720
Final Audit Report 2020-06-20
Created:2020-06-19
By:Connie Shidler (connie.shidler@metronetinc.com)
Status:Signed
Transaction ID:CBJCHBCAABAA0IkWVHQnhCIKt4MehQXAG-T8JUnVh5zG
"First Amendment to Purchase Agreement (Metronet) closing da
te and bricks eff 052720" History
Document created by Connie Shidler (connie.shidler@metronetinc.com)
2020-06-19 - 3:06:31 PM GMT- IP address: 70.125.115.178
Document emailed to John Greenbank (john.greenbank@metronetinc.com) for signature
2020-06-19 - 3:06:55 PM GMT
Email viewed by John Greenbank (john.greenbank@metronetinc.com)
2020-06-20 - 3:34:23 PM GMT- IP address: 74.129.35.250
Document e-signed by John Greenbank (john.greenbank@metronetinc.com)
Signature Date: 2020-06-20 - 3:34:47 PM GMT - Time Source: server- IP address: 74.129.35.250
Signed document emailed to skennedy@southbendin.gov, mark.deckard@metronetinc.com,
randy.denius@metronetinc.com, Connie Shidler (connie.shidler@metronetinc.com), and 1 more
2020-06-20 - 3:34:47 PM GMT