First Amendment to Contingent Contract for Sale of Real EstateFIRST AMENDMENT
TO
CONTINGENT CONTRACT FOR SALE OF REAL ESTATE
This First Amendment to Contingent Contract for Sale of Real Estate ("First Amendment")
is made and entered into this 15`h day of October, 2012, by the CITY OF SALINA, KANSAS, a
Kansas municipal corporation ("Seller"), and WOHLGEMUTH & DANIEL INVESTMENTS,
LLP, a Kansas limited liability partnership ("Buyer").
Recitals
A. Seller and Buyer entered into a Contingent Contract for Sale of Real Estate dated
July 16, 2012 ("Agreement") for the purchase of certain real property located in Salina, Kansas, as
depicted on Exhibit A to the Agreement ("Real Estate").
B. Under the Agreement, Buyer's obligation to purchase the Real Estate is contingent
upon Buyer obtaining government approval of (1) a final development plan for a Planned
Development District affecting the Real Estate; and (2) and a replat of the Real Estate.
C. Pursuant to Section 3.4 of the Agreement, within ninety (90) days following the
execution of the Agreement, Buyer must initiate all procedures and file all applications required by
applicable law to satisfy the aforementioned contingencies.
D. Although Buyer has diligently pursued the satisfaction of the aforementioned
contingencies within the ninety (90) day period, Buyer has requested additional time to complete a
survey of the Real Estate that must be performed to satisfy the contingencies.
E. The parties desire to extend the deadline for Buyer's satisfaction of the
contingencies to January 14, 2013.
FOR AND IN CONSIDERATION of the mutual and reciprocal promises and agreements
set forth herein, the parties agree as follows:
1. Extension of Contingency Deadline. The parties hereby agree that Buyer's
deadline to satisfy the contingencies, as set forth in Section 3.4 of the Agreement, shall be extended
to January 14, 2013.
2. No Other Changes. Except as otherwise stated in this First Amendment, the
Agreement, as amended herein, shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have caused this First Amendment to Contingent
Contract for Sale of Real Estate to be signed by its duly authorized officers on the day and year first
above written.
ATT
By:
Lieu Ann Elsey, CMC, C Clerk
CITY OF INA, ' NS S
By:
N a gs, Mayor
Wohlgemuth & Daniel Investments, LLP
By: 4, • ojj
John D. Ossello [Name]
Partner [Title]
FIRST AMENDMENT
TO
CONTINGENT CONTRACT FOR SALE OF REAL ESTATE
This First Amendment to Contingent Contract for Sale of Real Estate ("First Amendment")
is made and entered into this 15'' day of October, 2012, by the CITY OF SALINA, KANSAS, a
Kansas municipal corporation ("Seller"), and WOHLGEMUTH & DANIEL INVESTMENTS,
LLP, a Kansas limited liability partnership ("Buyer").
Recitals
A. Seller and Buyer entered into a Contingent"Contract for Sale of Real Estate dated
July 16, 2012 ("Agreement") for the purchase of certain real property located in Salina, Kansas, as
depicted on Exhibit A to the Agreement ("Real Estate").
B. Under the Agreement, Buyer's obligation to purchase the Real Estate is contingent
upon Buyer obtaining government approval of (1) a final development plan for a Planned
Development District affecting the Real Estate; and (2) and a replat of the Real Estate.
C. Pursuant to Section 3.4 of the Agreement, within ninety (90) days following the
execution of the Agreement, Buyer must initiate all procedures and file all applications required by
applicable law to satisfy the aforementioned contingencies.
D. Although Buyer has diligently pursued the satisfaction of the aforementioned
contingencies within the ninety (90) day period, Buyer has requested additional time to complete a
survey of the Real Estate that must be performed to satisfy the contingencies.
E. The parties desire to extend the deadline for Buyer's satisfaction of the
contingencies to January 14, 2013.
FOR AND IN CONSIDERATION of the mutual and reciprocal promises and agreements
set forth herein, the parties agree as follows:
1. Extension of Contingency Deadline. The parties hereby agree that Buyer's
deadline to satisfy the contingencies, as set forth in Section 3.4 of the Agreement, shall be extended
to January 14, 2013.
2. No Other Changes. Except as otherwise stated in this First Amendment, the
Agreement, as amended herein, shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have caused this First Amendment to Contingent
Contract for Sale of Real Estate to be signed by its duly authorized officers on the day and year first
above written.
ATT(ST:
By:
Lieu Ann Elsey, CMC, Ci Clerk
CITY O S INA, S
By:
Norman M. J Ings, Mayor
Wohlgemuth & Daniel Investments, LLP
By: )J • a,-1en
John D. Ossello [Name]
Partner [Title]