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FIRST AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT This First Amendment to Purchase and Sale Agreement is effective June 30, 2023, by and between Downtown Muskegon Development Center No. 2 Association, a Michigan nonprofit corporation ("Seller"), and the City of Muskegon, a Michigan municipal corporation ("Buyer") with reference to the following facts: Background A. Buyer and Seller are parties to the Real Estate Purchase Agreement dated June 29, 2023 ("Purchase Agreement"), in connection with the purchase and sale of the property commonly known as the Western A venue Splash Pad. B. Seller and Buyer now desire to amend the Purchase Agreement as provided in this Amendment. Amendment 1. Closing. The parties have agreed to extend the date of Closing to occur no later than November 1, 2023. 2. Full Force and Effect. Except as specifically modified by this Amendment, the Purchase Agreement is unmodified and shall continue in full force and effect. 3. Counterparts. This Amendment may be signed in one or more counterparts, each of which shall be deemed to be an original, with the same effect as if the signatures on this Amendment and each of the counterparts were on the same instrument. Electronic copies and signatures sent in PDF format shall be treated as originals. 4. Miscellaneous. This Amendment and the Purchase Agreement shall be taken together as one agreement with regard to the transaction; provided in the event of a conflict in the provisions of this Amendment and the Purchase Agreement, the provisions of this Amendment shall control. Seller: Buyer: Downtown Muskegon Development Center The City of Muskegon No. 2 Association I, ' /_,'/1) -"//// By: C,, ,:Mf?~;_ ~~::12?;1?'.'. (r By: Lrv,t,v-J,)')Jl ,L\.;\/vl Name: Contessa Alexander Name: lieighAnh Mikesell Title: President Title: Deputy City Manager Date: 0 //'23( 2~ D ate: ~r I', !\ ,o _,, 'c~(T' ยท/\ /7
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