Second Amendment

City of Glendale — Regular Meeting (2022-03-22)

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DocuSign Envelope ID: 024E7E9D-D378-45FA-83E9-94C6F6A4C13A

SECOND AMENDMENT TO AGREEMENT FOR PURCHASE OF REAL ESTATE

THIS SECOND AMENDMENT TO AGREEMENT FOR PURCHASE OF REAL
ESTATE (this “Amendment”), dated effective as of , 2022, is made by and between
the City of Glendale, an Arizona municipal corporation (“Seller”), and TWG Development,
LLC, an Indiana limited liability company (“Purchaser”).

STATEMENT OF BACKGROUND

WHEREAS, Seller and Purchaser entered into that certain Agreement for Purchase of
Real Estate dated March 11, 2021 and as amended by that certain First Amendment to
Agreement for Purchase of Real Estate on September 28, 2021 (as amended, the “Agreement”),
for the purchase of certain property located in Glendale, Arizona and more particularly described
in the Agreement.

WHEREAS, Seller and Purchaser desire to supplement and amend the Agreement as
provided herein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Seller and Purchaser hereby agree as follows:

1. Section 3 of the Agreement is hereby amended so that the Closing Date shall be a date
mutually agreed to by the Seller and Purchaser but not later than December 31, 2022.

2. Section 4 of the Agreement is hereby amended so that the Due Diligence Period shall
expire on the Closing Date of December 31, 2022.

3. Conflicts. In the event of any conflict between the terms of this Amendment and the
Agreement, the terms of this Amendment shall control. The Agreement remains in full
force and effect, except as modified by this Amendment. The Agreement, anywhere
referenced as the “Agreement” in the Agreement, shall mean the Agreement as amended
by this Amendment.

4. Counterparts. This Amendment may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which when taken together shall constitute
one and the same instrument.

5. This Amendment shall be binding upon and inure to the benefit of the parties hereto, and
their respective successors in interest and assigns.

[signature page follows]

DocuSign Envelope ID: 024E7E9D-D378-45FA-83E9-94C6F6A4C13A

IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Amendment as of the date first above written.

SELLER:

CITY OF GLENDALE
an Arizona municipal corporation

By:
Name:
Title:

ATTEST:

Julie K. Bower, City Clerk

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

PURCHASER:

TWG Development, LLC,
an Indiana limited liability company

DocuSigned by:

The

By:
TOT Ske Rob TE

Name:
Title: Member