Co ROUTING CHECKLIST FOR CONTRACTS PLEASE CHECK ALL THAT APPLY** ‘Entiy Tloaden city |[$ZRedevelopment Agency | C] Municipal auling Authority conirecttype: fLependive |ORevene [Ccront |Cacaiescte [L1 change oder Deparment [CED “Dhidon | Burbev Contos! Penon:|Bendon Caaner” Phonerba: [e747 {Desens ansnDWENT-UAHSMTH GST SULBING Pree aw rapa 3105 wes 250 Norh Ogden, Uraaae *Documenttoberecorded at County, Res Cro ‘fot Contact Armount 380000 | Were en one account being ued, pleae indcate below [Pevensie CreveweClovdant [acct 935-10 S10 Gaio00 [Amt [$050.00 Clever EltovenveClawaget [Acct nt "Amends previouly approved conkct® Cider {Gon 0 to) ogra copia of contast~ MUSTINCLUDE ORGINAL SIGNATURE AND ALEXIS OFormal sid | Cwritten Quote | L] telephone Quote Timayors dasiteaion= ‘srchasng -MUSTBE ATTACHED siccataciad other TiSole Source - SKGNED AUTHORIZATION MUST BE ATTACHED “icone aon Source of funding: OFederot Distete other Maich requirements: cosh Oinkind SOR Teron) ‘inaroncefoond certcolen | les MUSE ATACHED CiNetreaied VEVerity: Required Not required ews: | Dlattached lon fie Contract Set Date & | Pl Upon compton et atetaton Contract Expiration Date: | August 24, 2017 or | D1 Coincides with attestation dote Reentoct east |_| Dives -tiye poate prove desipton below Nave Descipton Date Desai Date Desetpion: Date: FOR RECORDER'S OFFICE USE ONLY Datsteceres | Tels [ovtens | Dy [otrceritwa | SOIT Yay Date Attested, ea tito: [lpFIRST AMENDMENT TO REAL ESTATE PURCHASE CONTRACT ‘THIS FIRST AMENDMENT TO REAL ESTATE PURCHASE CONTRACT (this “Amendment") is made and entered into on the "day of. 2017, by and between UTAH-SMITH, LC, the owner of record ofthe Property as defined below, {ogether with ts successors or assigns (“Seller”), and the OGDEN CITY REDEVELOPMENT AGENCY, a Utah political subdivision, together with its successors or assigns ("Buyer"). WITNESSET! WHEREAS, Seller and Buyer entered into that certain Real Estate Purchase Contract ‘made and entered into on April 10,2017 (he "Contraet") regarding certain rel property and ‘improvements lying and being in Weber County, Utah, as more particulary deseibed in the Contract (he "Property"; and WHEREAS, Buyer and Seller now desire to amend the Contract; and WHEREAS, Seller and Buyer are entering into this Amendment forthe purpose of setting fork their agreement with respect to such amendment, NOW, THEREFORE, for and in consideration ofthe foregoing premises, and other 0d and valuable consideration, the receipt and sufficiency of which Buyer and Seller ‘acknowledge, Buyer and Seller agree as follows with respect tothe Contract 1, Definitions. To the extent not otherwise defined herein, al capitalized terms ‘used in this Amendment shall have the meanings ascribed to them in the Contract. 2. Purchase Price. Notwithstanding whats set forth in Seetion 2 ofthe Contract, the Purchase Price shall be $400,000. 3. Earnest Money, Notwithstanding what is set forth in Section 2.A ofthe Contract, Buyer and Seller acknowledge and agree that a $50,000 Earnest Money Payment bas been paid by Buyer and deposited with the Closing Agent. Such Eamest Moncy Payment shall remain applicable tothe Purchase Price, 4. Balance at Closing, Notwithstanding what is st fort in Seeton 2.8 ofthe ‘Contract, the balance ofthe Purchase Price to be pai at Closing shall be $350,000 5. Seller Disclosure Deadline. Notwithstanding what is se fort in Sections 3, 4.1, 42,43, 44, and 4 ofthe Contract, Selle and Buyer hereby acknowledge and agree tat the Seller Disclosure Deadline has been fully satisfied by Seller and that Selle hs delivered any and all Seer Disclosures to Buyer.6 DueDiligence Deadline and Buyer's Review, Notwithstanding whats set forth in Section 3 and Section 10 ofthe Contac, Selle and Buyer hereby acknowledge and agree thatthe Buyer has eonducted its Buyer's Due Diligence in its entirety and hereby completly and \uiconitionally waves the contingencies referenced in Section 7 and 8 ofthe Contract 7. Closing Date, Notwithstanding what is set forth in Setion3 ofthe Contract the Closing Dat shall be August 24,2017 atthe oie ofthe Closing Agent 8 Chosing Costs, Notwithstanding what is est forth in Section 12 of the Contrast, Seller and Buyer agree that Buyer shall pay Closing Cost, 9. Commissions. Buyer and Seller confirm and clarify that, pursuant to Section 18 ‘of the Contract, Buyer and Seller have elected to be represented by the same realestate broker, ‘whieh broker is PPC Commercial, and tht Buyer and Seller agree to each pay 3% of the Purchase Pree, as modified herein, as a commission. Miscellaneous. (#) Except as and to the extent expressly modified and amended herein, Buyer and Selle ratify and reaffirm the Contract in accordance with is terms. Al aher terms of the ‘Contract shall remain the same. (6) This Amendment may be executed ina number of identical counterparts. Iso ‘executed, each of such counterparts shall be deemed an orginal fr all purposes, and all such counterpats shall, colletively, constitute one agreement. (©) This Amendment may be signed and transmitted electronically or by facsimile ‘machine. The signature of any person on an electronically or facsimile copy hereof shall be ‘considered an original signature and an electronically or facsimile transmitted copy hereo shall Ihave the same binding effect as an original signature on an original document (2) Each party to this Amendment represents and warrants that such party has fall and ‘complete authority to execute this Amendment, and each person exceuting this Amendment on behalf ofa party represents and warrants that he or she has been fully authorized to execute this Amendment on behalf of such party, and that such party is bound by the signature of such representative (©) _ Inthe event ofa confit between the terms ofthis Amendment and the other terms ofthe Contract, the terms of this Amendment shall contol, (This Amendment shall be governed by, interpreted under, and construed and ‘enforceable in accordance with, the laws of the State of Utah. (@) Each party understands that the Buyer shall require the approving action ofthe Board ofthe Ogden City Redevelopment Agency (the “Board”). All modifications herein are ‘subject to Board approval ofthe original Contract and this Amendment.