HomeMy WebLinkAboutagenda item 2015 1210 rdc 05cSECOND AMENDMENT TO AGREEMENT TO BUY AND SELL REAL ESTATE
This Second Amendment to Agreement to Buy and Sell Real Estate ("Second
Amendment") is made and entered into effective as of December 8, 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").
WI TN E S S ET H:
WHEREAS, the Purchaser and Seller have entered into that certain Agreement to Buy
and Sell Real Estate dated July 30th, 2015 ("Agreement") 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
WHEREAS, the parties acknowledge that the Due Diligence Commencement Date
under Section 3.B. of the Agreement was July 30, 2015.
NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration, 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
m~anings set forth in the Agreement.
2. Due Diligence Period. To extend the Due Diligence Period through March 1,
2016, Section 3.C. of the Agreement is amended to read as follows: "Buyer shall have a period
of two hundred fifteen (215) 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 Second Amendment are hereby ratified and affirmed and shall
remain in full force and effect.
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ITEM: 5.C.
IN WITNESS WHEREOF, this Second Amendment is hereby executed as of the date
first above written.
PURCHASER: Cohn & Cohn Investments, LLC
By: ____________ _
SELLER: City of South Bend, Department of Redevelopment,
by and thought its ing body, the South Bend
Red pm
Ratified on _______ , 2015.
SOUTH BEND REDEVELOPMENT COMMISSION
Marcia I. Jones, President
ATTEST:
Donald E. Inks, Secretary
4000.0000047 37655225.001
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