HomeMy WebLinkAboutagenda item 2015 1112 rdc 05a4Department of
Community Investment
Memorandum
Tuesda~ November10,2015
TO:
FROM:
Redevelopment Commissioners
Chris Fielding
SUBJECT: Unifirst Amendment
The agreement to purchase lot 6 (4P) in Blackthorn Corporate Park contemplated a due diligence period
upon approval of the use and design by the BOA. This process has taken longer than expected and the
company has requested additional time.
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTH BEN DIN.GOV
ITEM: 5.A.(4)
FIRST AMENDMENT TO AGREEMENT TO BUY AND SELL REAL ESTATE
This First Amendment to Agreement to Buy and Sell Real Estate ("First
Amendment") is made and entered into effective as of November 2 1 2015 by and
. between (i) Cohn & Cohn Investments, LLC (the "Purchaser") and (ii) City of South
Bend, Department of Redevelopment, by and thought its governing body, the South
Bend Redevelopment Commission (the "Seller'').
W I T N E S S E T H:
WHEREAS,· the Purchaser and Seller have entered into that certain Agreement
to
Buy and Sell Real Estate dated Juty 3Q1h, 2015 ("Agreement11
) for the purchase and
sale of the certain real property situated in the City of South Bend, State of Indiana and
more particularly described in the Agreement, consisting of +/-5 acres, more or less,
Identified as Lot 6 on Exhibit "A", together with all rights and appurtenances pertaining to
such real property, all as defined in the Agreement; and
WHEREAS, the parties hereto desire to amend the terms and conditions of the
Agreement, all as set forth herein; and
WHEREAS1 the parties acknowledge that the Due Diligence Commencement
Date under Sectio~ 3.8. of the Agreement was July 30, 2015.
NOW THEREFORE, in consideration of the premises and for other good and
valuable considerafion, the receipt and sufficiency of which are hereby acknowledged,
Purchaser and Seller hereby agree as follows:
1. Definitions. All capitalized terms not otherwise defined herein shall
have the meanings set forth in the Agreement.
2. Due Diligence Period. ·Section 3.C. of the Agreement is amended to read
as follows: "Buyer shall have a period of one hundred twenty-five (125) days following
the Due Diligence Commencement Date to complete its examination of the Property in
accordance with this Section 3 (the "Due Diligence Period")."
3. Ratification of Agreement. All other terms of the Agreement except as
expressly modified by this First Amendment are hereby ratified and affirmed and shall
remain in full force and effect.
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IN WITNESS WHEREOF, this first dment is hereby executed as of the
date first above written. ~---LLC
Ratified on _______ , 2015.
SOUTH BEND REDEVELOPMENT COMMISSION
Marcia I. Jones, President
ATIEST:
Donald E. Inks, Secretary
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Exhibit 'W'
INOlANA f:AST-W!:ST TOLi.RO~ (Hr.l/QO)
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