Approved Agreements and Contracts 2023-09-26 Executed Purchase Agreement Amended Splash Pad DMDC2

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        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:


   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.


   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
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Name: Contessa Alexander                             Name: lieighAnh Mikesell
Title: President                                     Title: Deputy City Manager
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