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HomeMy WebLinkAboutContracts & Agreements_22-2016 MRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Amendmeat") is made as of this 25*� day of February, 2016, by and between CITY OF REDLANDS, a municipal corporation ("Seller"), and REDLANDS PENNSYLVANIA, LLC, a Delaware limited liability company ('Buyer"), with regard to the following: RECITALS A. Seller is the owner of an individual fee simple interest in certain real property located in the City of Redlands ("City"), San Bernaridno County (the "County"), State of California,known as APN 0168-121-03. B. Seller and Buyer have previously entered into that certain Purchase and Sale Agreement and Joint Escrow Instructions dated as of September 1,2015 (the "Agreement"). C. The parties desire to amend the Agreement to extend the Due Diligence Termination Date, as defined in the Agreement, as more particularly set forth herein. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby ackxrowledged,the parties hereto agree as follows: 1. Due Diligence Termination Date. The Due Diligence Termination Date, as defined in Section 4.1.3 of the Agreement, is hereby extended to April 30, 2016, 2. Ratification/No Defaults. Buyer hereby rescinds Buyer's Feasibility Notice dated as of November 12, 2015. Accordingly, the Parties hereby ratify the Agreement and acknowledge that the Agreement is in full force and effect. By its execution hereof, each party hereby represents to the other that, as of the date of such execution, the other party is not in default under the terms of the Agreement and that no facts or circumstances exist that, with the giving of notice or passage of time or both, would constitute a default under the terms of the Agreement. 3, Counterparts, This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto have signed the same document, all counterparts shall be construed together and shall constitute one amendment, [Balance of page intentionally left blank] 1 M WITNESS WHEREOF, the parties have entered into this Aniendnient as of the date first above written, SEI,LER: CITY OF REDLANDS, a IT11111iCipal corporation d:&, By: Paul W. Foster, Mayor ATTEST: Sam Ir Ci y Clerk BUYER: REDLANDS ISI-NNSYLVANIA, LLC, a Delaware limited liability company By: Diversified Pacific Development Group LLC, a California limited liability company, Its Manager Mar'fiew A�Jordan, It :" r 'ging Member 2