6.F.(1) First Amendment to Development Agreement with Kite Realty (Eddy St Commons)

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~n , ~~ ~ i PIRS"I~ AMENDML-NT TO DEVELOPMENT AGREEMENT 77-IIS FIRST AMENDMENT TO DEVELOPMENT AGRF,F.MENT (this "First Amendment") is made and entered into on this day of June, 2008, to be efTective as of the 2°~ dae of May. ?008 (the "Effecti~°e Date"), b}~ and among the South Bend Redevelopment Commission, governing body of the South Bend Department of Redevelopment (the "Commission"): the South Bend Kedevclopmcnt Authorit~~. a separate body corporate and politic and instrumentality of the Cily (as hereinafter defined) (the "Redevelopment Authorih'"); the City of South I3end, Indiana, a political subdivision and municipal corporation of the State of ]ndiana (the "Cite"); and Kitc Realty Group, L.P., a Delaw~m~e limited partnership ("Developer"} (collcctiecly the "Parties"). RECI"PALS A. The Parties entered into that certain Development Agrcemcnt, dated as of February I ~, 2008 (the "Development Agreement"). B. The Parties desire to amend the Development Agrcemcnt in order to address the matters described in this First Amendment. AGREEMEN"T NOVJ, "fl IEREFORE, in consideration o2 the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Section I.5 of the Development Agrcemcnt is hereby deleted in its entirety and replaced with the following: 1.5. Call Date. Call Date means Mav 20, ?008." 2. Exhibit of the Development Agreement is hereby modified such that lixhlbit A thereto is deleted in its entirety and replaced with Exhibit A attached hereto. ~. 7~he Parties acl:nowledgc and agree that the Development Agreement, as modified b}~ this First Amendment, is hereby reaffirmed, ratified and confirmed in its entirety to be in full force and effect Except as specifically amended or modified by this first Amendment, all terms and conditions contained in the Development Agreement shall remain in full force and effect. =1. "phis First Amendment may be executed in seycral counterparts by the Parties, and all such counterparts shall constitute this First Amendment. ~. This First Amendment shall be governed b~~ and construed and enforced in accordance with the la~~~ of The State of Indiana. ~~hhe signature pages follow.]