ADDENDUM NO. 1 TO PURCHASE AGREEMENT FINAL.DOC
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ADDENDUM No. 1 TO TERMS OF EXCESS LAND PURCHASE AGREEMENT AND RECEIPT FOR DEPOSIT Sale No. L-C-045 Facility Site No. 1-50 MC: C-78-19-002-3-02 This Addendum No. 1 (“Addendum”) serves to amend that certain Terms of Excess Land Purchase Agreement and Receipt for Deposit fully executed on October 22, 2018 by and between the State of Arizona, by and through its Department of Transportation (“Seller”), and Maricopa County, a political subdivision of the State of Arizona (“Purchaser”), attached hereto and by this reference made a part hereof. Together this Addendum and attachment constitute the “Agreement”. Other than reflected herein, all other terms and conditions of the original Terms of Excess Land Purchase Agreement and Receipt for Deposit referenced above shall remain the same. If there is any conflict between the two documents, the terms contained in this Addendum shall prevail. This Addendum No. 1 also serves to rescind the Assignment and Assumption of Lease by and between the State of Arizona, acting through its Department of Transportation, and Maricopa County, a political subdivision of the State of Arizona, fully executed on October 19, 2018. For valuable consideration, both Purchaser and Seller agree to enter into this Addendum and hereby agree to the following: 1. Change of Escrow Closing Date. Effective December ___, 2018, at no additional cost to Maricopa County, the escrow closing date is hereby extended to May 1, 2019. 2. Existing Lease Termination. As a condition precedent to close of escrow, Seller shall terminate the existing lease with its tenant, Arizona Department of Revenue, and provide Purchaser written confirmation that the tenant has fully vacated the premises prior to close of escrow date as set forth herein. If Seller does not provide Purchaser written confirmation of said termination, Purchaser, at no additional cost and at its sole option, may extend the escrow closing to a date no later than June 1, 2019. 3. Rescind Assignment and Assumption of Lease. Purchaser and Seller mutually agree to rescind the Assignment and Assumption of Lease which was fully executed on October 19, 2018. Accepted and executed this _______ day of December, 2018. Purchaser: Maricopa County, a political subdivision of the State of Arizona By: Steve Chucri Chairman of the Board of Supervisors APPROVED AS TO FORM: ATTEST: Deputy County Attorney Clerk of the Board Date Accepted and executed this _______ day of December, 2018 Seller: The State of Arizona, by and through its Department of Transportation By: ___________________________ Michael Craig, Manager, Property Management Section