CONTRACT AMENDMENT

City of Glendale — Regular Meeting (2023-02-14)

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DocuSign Envelope ID: 34274EBE-5757-45A2-9DE4-3E5139CCABBC

THIRD AMENDMENT TO AGREEMENT FOR PURCHASE OF REAL ESTATE

THIS THIRD AMENDMENT TO AGREEMENT FOR PURCHASE OF REAL
ESTATE (this “Amendment”), dated effective as of January 1, 2023, 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, as amended by that certain First Amendment to Agreement
for Purchase of Real Estate on September 28, 2021 (as amended, the “Agreement”) and by that
certain Second Amendment to Agreement for Purchase of Real Estate on March 22, 2022 (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 August 31, 2023.

2. Section 4 of the Agreement is hereby amended so that the Due Diligence Period shall
expire on the Closing Date of August 31, 2023.

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: 34274EBE-5757-45A2-9DE4-3E5139CCABBC

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:
By: tr Dison

Name: Tracy Dutson
Title: Senior Development Director