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Home My WebLink About6A2 ( A ( a) AMENDMENT TO CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND COLFAX HILL PARTNERS,LLC, THIS AMENDMENT to the Contract for Sale of Land for Private Development, dated , 2013, is entered into this day of July, 2014, by and between the South Bend Redevelopment Commission (the "Commission"), established under the Redevelopment of Cities and Towns Act of 1953, as amended, being Ind. Code 36-7-14-1, et seq. (the "Act"), and having its office at 1400 County-City Building, South Bend, Indiana, and Colfax Hill Partners, LLC, a limited liability company organized under the laws of the State of Indiana(the "Developer"), having its principal place of business at 1115 Burns Ave, South Bend, IN 46601. WHEREAS, the Commission and the Developer are parties to an agreement entitled "Contract for Sale of Land for Private Development (the "Agreement") dated 2013; and WHEREAS, the bids submitted to the Commission (through the South Bend Board of Public Works, as agent of the Commission) are in excess of the projected costs for the Local Public Improvements (as defined in the Agreement) and the Parties desire to amend the Agreement to account for the increase in costs and to provide for additional items to be included within the Commission's commitments for the construction of Local Public Improvements; and WHEREAS, this Amendment is entered into as the Amendment to the Contract for Sale of Land for Private Development to modify certain terms and conditions expressed in the Contract for Sale of Land for Private Development; and NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties make this Amendment to the Contract for Sale of Land for Private Development as follows: 1. Section III. (C.) of the Agreement is amended to read: "C. Local Public Improvements and Funding Amount. The Commission agrees to facilitate the Project in accordance with the powers granted the Commission under the Act by undertaking certain local public improvements on and around the Property, as more particularly described in Exhibit C (the "Local Public Improvements") in an amount not to exceed $280,000.00 (the "Funding Amount") no later than December 31, 2016 (the "LPI Completion Date")." 2. Exhibit B of the Agreement is amended to read as shown in the revised Exhibit B, attached hereto and made a part hereof 3. Exhibit C of the Agreement is amended to read: "EXHIBIT C LOCAL PUBLIC IMPROVEMENTS • Site utilities including stormwater and drainage improvements (per Abonmarche Plan attached as Exhibit C-1) • Sidewalks • Parking Lot paving, striping and landscaping • Railings/stairs • Concrete/ Steps and ramps • Concrete/ Sidewalk • Concrete/Retaining walls • Trash enclosure • Masonry Brick/retaining walls • Electrical Parking Lot Lights • Electrical Fixtures—allowance Parking Lot Lights • Landscaping/Shrubs/Trees/ Seed • Misc. hardware/Bike Racks • Sprinkler System • Conduit for MetroNet" 4. Section III. (F.) of the Agreement is amended to read: "F. Streetscape Improvements. Commission agrees to work with Developer on a plan for completion of the streetscape improvements with respect to the Property, which will be completed by the City within six (6) months after a certificate of occupancy is issued for the Project." 5. The parties acknowledge that as of the date hereof, Developer has not received (or delivered to the Commission) an acceptable commitment for mortgage financing related to the Project and desire to amend Section X(B)(2) of the Agreement to read as follows: "2. If the Developer is unable to obtain mortgage financing for the Project (as revised based on the Site Plan attached hereto as Exhibit B) on a basis and on terms that are reasonably acceptable to Developer on or before August 31, 2014, the Developer shall (a) provide notice of such non-financing to the Commission, and (b) if requested by Developer or the Commission, continue to make diligent efforts to obtain such financing for a.period of an additional sixty (60) days after such request. If the Developer fails to obtain financing after efforts listed above, then the Contract shall, at the option of the Commission or the Developer, be terminated by written notice thereof to the other party, and neither the Commission nor the Developer shall have any further rights against or liability to the other under the Contract. 6. Each and every other provision of the Agreement and the Exhibits thereto are hereby ratified, approved and reaffirmed by the parties and all other matters previously agreed to and set forth in the Agreement and the Exhibits thereto and not affected by this Amendment shall remain in full force and effect. 7. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original. 8. The undersigned person(s) executing and delivering this Amendment on behalf of the Developer represent and certify that: a. He/she is the duly authorized agent, representative, member or officer of the Developer and has been fully empowered to execute and deliver this Amendment and that all necessary action has been taken and done; and b. To the best of his/her knowledge, he/she has not, nor has any other member, employee, representative, agent or officer of the Developer, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Amendment other than that which appears on the face hereof. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of the day and year first above written. [SIGNATURE PAGES ATTACHED] [Signature page to Amendment to Contract for Sale of Land for Private Development] CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed Name and Title South Bend Redevelopment Commission ATTEST: Signature Printed Name and Title South Bend Redevelopment Commission STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared and , known to me to be the and respectively of the South Bend Redevelopment Commission and acknowledged the execution of the foregoing Amendment to Contract for Sale of Land for Private Development. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day of , 2014. My Commission Expires: Notary Public Residing in St. Joseph County, Indiana [Signature page to Amendment to Contract for Sale of Land for Private Development] COLFAX HILL PARTNERS,LLC Date: , 2014 Signature Printed Name and Title ATTEST: Signature Printed Name and Title STATE OF INDIANA ) ) SS: • ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared and known to me to be and of Colfax Hill Partners, LLC, and acknowledged the execution of the foregoing Amendment to Contract for Sale of Land for Private Development. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the_day of , 2014. My Commission Expires: Notary Public Residing in St. Joseph County, Indiana This instrument was prepared by Lawrence J. Meteiver, Assistant City Attorney, 1200 S County- City Building,227 W.Jefferson Blvd., South Bend,Indiana 46601,(574)235-9294. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Lawrence J.Meteiver. G ! 1 li.1 liNN\-,' k \N: -. : \ ,41 ! -.-\\\-- 11111111111111111111111111.11 11110111111111DIDDINIDII , \itil EMU L:F 1 MOB i.,::.,11 =Iiii N \\\:,,,,,,,!, ,, ! , ! . r .,„\\ _ o ,ri i 1-.;, A Fa; ; "A YT, ir 111. 1 ! .1 .- ;/- • SHEET NO NO DATE 07.21.14 PRET-- M..o�,.o.�Lo�... ALLIANCE 525LJEAST COLFAX AVENUE SO TH BEND,INDIANA