HomeMy WebLinkAbout5B4 Second Amendment to Real Estate Purchase Agreement (Advantix) - SignedSouth Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DAT E : 12/12/2024
FROM: Joseph Molnar – Assistant Director of Growth &
Opportunity
SUBJECT: Second Amendment Purchase Agreement -
Advantix
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the
authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Second Amendment of the Advantix Purchase Agreement to extend closing deadline
SPECIFICS: On July 13th 2023, the RDC approved a Purchase Agreement with Advantix Development Corporation
for land at Lincoln Way West and Marion for the development of affordable housing. Advantix has been awarded
Low Income Housing Tax Credits and is currently in the process of marketing those credits which has taken longer
than anticipated.
In this agreement a Contingency Date of December 31, 2024 is specified and the Contingency Date shall also be
the Closing Date. Advantix has requested that the Contingency Date be extended to June 30, 2025.
There are no other substantive changes to this agreement in the proposed Second Amendment.
Staff requests approval.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
12-12-2024
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SECOND AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT
This SECOND AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT (this
“Second Amendment”) is made and entered into to be effective as of the 12th day of December,
2024, by and between South Bend Redevelopment Commission (“Seller”), as Seller, and Advantix
Development Corporation, an Indiana non-profit corporation, with its registered address being 500
SE 10th Street, Evansville, Indiana (“Buyer”), as Buyer (each a “Party” and collectively, the
“Parties”).
RECITALS
A.Seller and Buyer entered into that certain Real Estate Purchase Agreement, dated
effective as of July 13, 2023 as amended by that certain First Amendment to the Real Estate
Purchase Agreement, dated effective July 27, 2023 (the “Agreement”), for the purchase and sale
of certain real property located in the in St. Joseph County, City of South Bend, State of Indiana
as more particularly described in Exhibit A of the Agreement (the “Real Estate”). All capitalized
terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the
Agreement.
B.Seller and Buyer now desire to amend the Agreement in order to provide for an
extension of the Contingency Date thereunder and to address certain other matters, all as set forth
hereunder.
AGREEMENT
NOW, THEREFORE, in consideration of these premises, and the mutual covenants and
promises contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Buyer and Seller hereby agree as follows:
1.Recitals. The recitals set forth above, including each and every recital contained
therein, are incorporated into and made a part of this Amendment as though fully set
forth herein.
2.Amendments. The Agreement is hereby amended as follows:
a)The first sentence of Section 4 C. of the Agreement shall be amended and replaced
with the following:
If at any time on or before June 30, 2025 (the “Contingency Date”), Buyer
determines, for any reason, in Buyer’s sole discretion, that the Property
or the transaction described herein is unacceptable to Buyer, then Buyer
shall have the right to terminate this Agreement by giving written notice
of termination to Seller at any time on or before the Contingency Date in
which event, at Buyer’s election, all Earnest Money shall be returned to
Buyer (“Buyer’s Contingency”).
3.Entire Agreement; Conflict. Except as otherwise stated herein, all other terms,
conditions and agreements contained in the Agreement remain unmodified and in full force and
effect. The Parties hereby expressly reaffirm their respective obligations under the Agreement, and
unless expressly modified by this Second Amendment, the terms and provisions of the Agreement
remain in full force and effect. To the extent a conflict exists between the terms of this Second
Amendment and the Agreement, the terms of this Second Amendment shall control.
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4.Capitalized Terms. Capitalized Terms used in this Second Amendment will have
the same meanings set forth in the Agreement, except as otherwise stated herein.
5.Counterparts; Electronic or Facsimile Transmission . This Second Amendment
may be executed in counterparts which, when combined, shall constitute one instrument. The
electronic or facsimile transmission of a signed counterpart of this Second Amendment shall be
binding upon the party whose signature is contained on the transmitted copy.
[Signature Page Follows.]
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IN WITNESS WHEREOF, Buyer and Seller have executed this Second Amendment to
Real Estate Purchase Agreement to be effective as of the date set forth above.
“BUYER”:
Advantix Development Corporation,
an Indiana non-profit corporation
By:
Timothy L. Martin, its sole member
“SELLER”:
South Bend Redevelopment Commission
By:
David Relos, Vice President
Attest:
Vivian Sallie, Secretary