2023-06-28 CC Packet - Laserfiche WebLink

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FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT THIS FIRST AMENDMENT TO PURCHASE AGREEMENT (this Ð Amendment Ñ) is made and entered into as of June 15, 2023 (the Ð Effective Date Ñ) by and between City of Centerville (Ð Seller Ñ) and &M Holdings LLC (Ð Purchaser Ñ). Recitals WHEREAS, Seller and Purchaser are parties to that certain Purchase Agreement dated March 16, 2023 (the Ð PSA Ñ) wherein Purchaser agrees to buy, and Seller agrees to sell, the Property located at 1737 Main Street, Centerville, Minnesota, as more specifically defined in the PSA. WHEREAS, Seller and Purchaser desire to modify the terms of the PSA subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereby agree to amend the PSA as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Capitalized Terms. All capitalized terms not otherwise defined herein shall have the meaning set forth in the PSA. 3. Contingency Date. Section 6 of the PSA is hereby revised so that "Contingency Date" shall be September 29, 2023. 4. Ratification of PSA. The PSA, as amended by this Amendment, is hereby ratified, restated, and reaffirmed as if stated in full within this Amendment, and except as expressly amended herein, shall remain unmodified and in full force and effect. The terms of this Amendment shall supersede and control any conflicting term or condition between the terms and conditions of the PSA and this Amendment. 5. Counterparts. This Amendment may be executed in any number of counterparts, each of which, when executed, shall be deemed to be an original, and all of which shall be deemed to be one and the same instruments. Electronically-transmitted signatures shall be deemed originals. \[Signature(s) on following page(s).\] 1 CORE/3527692.0002/182626179.1 127441425v2