HomeMy WebLinkAboutRed Cedar Amended and Restated Real Estate Purchase and Development Agreement - Fourth Amendment FOURTH AMENDMENT TO THE AMENDED—
AND
AND
RESTATED REAL ESTATE PURCHASE AND DEVELOPMENT AGREEMENT
This Fourth Amendment ("Amendment") is made to the Amended and Restated Real Estate
Purchase and Development Agreement dated July 23, 2018, as amended by the First Amendment,
Second Amendment, and Third Amendment (the "Agreement"), by and between the City of
Lansing, a Michigan municipal corporation(the "City"),and Continental/Ferguson Lansing,LLC,
a Delaware limited liability company("Developer").
WHEREAS, the Developer and the City entered into the Amended and Restated Real Estate
Purchase and Development Agreement which was amended by the First Amendment to the
Amended and Restated Real Estate Purchase and Development Agreement; and
WHEREAS, the Second Amendment to the Amended and Restated Real Estate Purchase and
Development Agreement removed the date of November 30, 2018 in Section 2.1 and replaced it
with December 14, 2018; and
WHEREAS, the Third Amendment to the Amended and Restated Real Estate Purchase and
Development Agreement removed the date of December 14, 2018 in Section 2.1 and replaced it
with January 11, 2019; and
WHEREAS, the Developer and City are hereby agreeing to amend the Agreement according to
the terms set forth herein.
NOW, THEREFORE, in consideration of the mutual promises hereinafter contained and other
good and valuable consideration, the parties agree as follows:
1. Section 2.1, is amended to remove the date of January 11, 2019, and replace it with
February 11, 2019.
2. An electronic copy of a signature to this Amendment or the Agreement will be deemed the
same as an original.
3. This Agreement may be executed in counterparts, each of which shall be an original and
all of which should constitute the same instrument.
4. All other terms and conditions of the Agreement, except as modified herein, remain in full
force and effect.
[SIGNATURES ON FOLLOWING PAGE]
Page 1 of 3
IN WITNESS WHEREOF, the Developer has executed this Fourth Amendment to the Amended
and Restated Real Estate Purchase and Development Agreement, as of the date signed.
CONTINENTAL/FERGUSON LANSING,LLC:
By: Hallmark Lansing,LLC
Its: Member
i
By: Franklin E. Kass
! Its: Member
STATE OF OHIO )
)ss
COUNTY OF FRANICL,IN )
The foregoing instrument was acknowledged before me this day of ,2019
by Franklin E. Kass, as Member of Hallmark Lansing, LLC as Member of Ferguson/Continental
Lansing, LLC, by him to be his free act and voluntary deed.
,Notary Public
County,
My commission expires;
CONTINENTAL/FERGUSON LANSING,LLC:
By: Red Coda •Investor,LLC
Its: Me'Pe
1
By: el I. Ferguson
Its; Member
STATE OF MICHIGAN )
)ss
COUNTY OF INGRAM )
The foregoing instrument was acluiowledged before me this day of y �l ,2019
by Joel I, Ferguson, as Member of Red Cedar Investor,LLC as Member of Ferguson/Continental
Lansing, LLC, by him to be his free act and voluntary deed.
1.
Notary Public
V i v i '-dunty, A
My con ission expires:
Page 2 of 3
IN WITNESS WHEREOF, the Developer has executed this Fourth Amendment to the Amended
and Restated Real Estate Purchase and Development Agreement, as of the date signed.
CONTINENTAL/FERGUSON LANSING,LLC:
By: -Ialltnark Lan ng, LI C
Its: Iember
-A A "I.J
By: 11ranklin E. 14 a(s
Its: Member
STATE OF OHIO )
)ss
COUNTY OF FRANKLIN )
The foregoing instrument was acknowledged before me this day of ,2019
by Franklin E. Kass, as Member of Hallmark Lansing, LLC as Member of Ferguson/Continental
Lansing, LLC,by him to be his free act and voluntary deed.
, Notary Public
County,
My commission expires:
CONTINENTAL/FERGUSON LANSING,LLC:
By: Red Cedar Investor, LLC
Its: Member
By: Joel I. Ferguson
Its: Member
STATE OF MICHIGAN )
)ss
COUNTY OF INGHAM )
The foregoing instrument was acknowledged before me this day of ,2019
by Joel I. Ferguson, as Member of Red Cedar Investor, LLC as Member of Ferguson/Continental
Lansing, LLC, by him to be his free act and voluntary deed.
Notary Public
County,
My commission expires:
Page 2 of 3
IN WITNESS WHEREOF, the City has executed this Fourth Amendment to the Amended and
Restated Real Estate Purchase and Development Agreement, as of the date signed.
CITY OF LANSING:
By: An c or
Its: Mayor
STATE OF MICHIGAN )
)ss
COUNTY OF INGHAM )
The foregoing instrument was acknowledged before me this I l day of 111CL ,2019
by Andy Schor, as Mayor of the City of Lansing, by him to be his free act and voluntar deed.
/ t1l, jos"C-
Notary Public
/h County,
My co mission expires:
I hereby certify that funds are not required for this transaction: ,����,••..,����
•, E.IAWRF��
Finance Director/Controlle �' NOTMYPUSUC
COUNTY OF MHAM
. My Cmakslon Exphn
Approved as to form only: Aar9intoCou*of
P�
OF MIC
�AC
*"C•
��' Ci orney, James Smiertka
Page 3 of 3