HomeMy WebLinkAbout2nd Amendment to Mill on Main Purchase AgreementSECOND AMENDMENT TO PURCHASE AGREEMENT
-43 East 7th Avenue,
Oshkosh, Wisconsin -
This "Second Amendment" is made and entered into by and between The Mill on
Main, LLC ("the Developer or the Buyer") and the City of Oshkosh, a Wisconsin
municipal corporation (the "City") and the Redevelopment Authority of the City of
Oshkosh, Wisconsin (the "RDA" and, collectively with the City, the "Seller") with
respect to the real property located in Oshkosh, Wisconsin as of the date this Second
Amendment has been signed by both Buyer and Seller.
WHEREAS, T. Wall Enterprises Development, LLC and Seller entered into a Purchase
Agreement accepted January 27, 2022. (the "Purchase Agreement');
WHEREAS, on June 30, 2022, T. Wall Enterprises Development, LLC assigned its
interest in the Purchase Agreement to the Buyer.
WHEREAS, on November 17, 2022 Buyer and Seller amended the Purchase Agreement
(the "First Amendment');
WHEREAS, the Purchase Agreement and the First Amendment shall be collectively
referred to herein as the "Agreement'.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the undersigned parties agree hereto as follow:
A. Contingency Extension. Notwithstanding anything in the Agreement to the
contrary, Section 5.2 under the Purchase Agreement shall be amended and
restated from June 30, 2022, to February 28, 2023, (the "Contingency Period").
B. Effect of Extensions. Buyer and Seller each acknowledge that the extensions
under Section B of this Second Amendment preclude any claim of breach under
the original terms of the Agreement, prior to this Second Amendment amending
and restating such terms as identified above.
C. Counterparts. This Second Amendment may be executed in one or more
counterparts, and the several counterparts together shall constitute a single
instrument. An electronically transmitted signature by facsimile or pdf software
shall have the same full force and effect as an original signature.
D. Interpretation. All capitalized terms in this Second Amendment that are not
defined in this Second Amendment shall have the same meanings affixed in the
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Agreement. All other terms and provisions of the Agreement not specifically
amended herein shall remain in full force and effect.
E. Effect of Amendment. In case of discrepancy between the terms of this Second
Amendment and the Agreement, the terms of this Second Amendment shall
govern.
IN WITNESS WHEREOF, this Second Amendment is executed as of the date it is signed
by both Buyer and Seller.
Buyer: The Mill o Main, LLC
By:
Terr ce R. Wall, President of
T. Wall Enterprises Manager, LL , its Manager
Dated: 50.4\404 1 42oti"L
CITY: City of Oshkosh, Wisconsin
By:
Dated: V1qn . // ay.23
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