HomeMy WebLinkAboutCity and Linde PSA - First Amendment
FIRST AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE
THIS FIRST AMENDMENT TO AGREEMENT OF SALE ("First Amendment") dated
February , 2025 ("Amendment Date") between City of Oshkosh ("Seller") and Linde Inc.
("Buyer").
WITNESSETH
WHEREAS, the Seller and Buyer entered into an Agreement for Sale and Purchase on
August 21, 2024 (the "Agreement") for the property located on Progress Drive in Oshkosh, WI
further described in Exhibit A of the Agreement ("Property");
WHEREAS, the parties wish to amend certain provisions of the Agreement;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Due Diligence. Seller and Buyer agree that the Due Diligence Period shall be extended
through June 30, 2025. Thereafter, Buyer shall also have two additional thirty (30) day
extension periods to exercise at the Buyer’s option by providing advance written notice
to Seller.
2. Counterparts. This First Amendment may be executed in counterparts and together
shall constitute a binding agreement. Facsimile or electronic mail (i.e., Email) copies of
the parties' signatures shall be deemed as if originals.
3. Effectiveness. This First Amendment shall become effective only upon mutual execution
thereof by Seller and Buyer.
Except as expressly modified by this First Amendment, the Agreement and all the
covenants, agreements, terms, provisions and conditions thereof are hereby ratified
and shall remain in full force and effect.
IN WITNESS WHEREOF, Seller and Buyer have executed this Amendment by their respective duly authorized
representatives as set forth below:
SELLER: BUYER:
CITY OF OSHKOSH LINDE INC.
By: By:
Name: John Fitzpatrick, Interim City Manager Name: Brian C. Morgan
Title: Director, Corporate Real Estate
By:
Name: Diane Bartlett, City Clerk
Docusign Envelope ID: E8DE7DC8-C475-48C3-AB71-46DF883A22FA