HomeMy Public PortalAboutAddendum No. 1 to Contract No. 178-2020 - Economic Development Corporation & Hutchings Farms - use of unused land in Midwest Park FIRST AMENDENT TO
SUBLEASE AGREEMENT
THIS FIRST AMENDMENT TO SUBLEASE AGREEMENT is made and entered into
by and between the ECONOMIC DEVELOPMENT CORPORATION OF WAYNE COUNTY,
INDIANA, an Indiana nonprofit corporation, hereinafter referred to as "Landlord", and
HUTCHINGS FARMS, LLC, an Indiana limited liability company, hereinafter referred to as
"Tenant".
WITNESSETH:
WHEREAS, the parties hereto did enter into a Sublease Agreement for approximately
118.16 acres of tillable acreage for four (4) crop years commencing January 1, 2021 and running
to and through December 31, 2024; and
WHEREAS,the parties now desire to amend said Sublease Agreement in order to increase
the number of tillable acres covered by said Sublease Agreement,
NOW, THEREFORE,the parties mutually agree as follows:
Section 1 of said Sublease Agreement is hereby deleted and the following language is
substituted therefor:
"1. The Landlord subleases to Tenant the tillable acreage of said
Real Estate, consisting of approximately 154.32 acres and being
more particularly identified as Tracts 1, 3,4, 5, 8, 14, 15, 18 and 22
as shown on Exhibit A-1 of the Sublease Agreement and Tracts 8
and 10 as shown on Exhibit A-2 of the Sublease Agreement, subject
to Landlord's reserved right to develop the Real Estate as more fully
set out below. The tillable acreage recited in this paragraph is the
best estimate of the parties. The acreage and the rent due thereon
are subject to adjustment based upon more accurate data which shall
be mutually acceptable to the parties. Any adjustment in the acreage
shall be reduced to writing, signed by the parties and attached as an
addendum to this sublease. Any adjustment of the tillable acreage
shall be taken into account and reflected in the second installment
of rent,payable on or before the 15th day of December of each lease
year."
Addendum No. 1 to Contract No. 178-2020
2. This First Amendment to Sublease Agreement is subject to the approval of the
Owner, acting by and through its Board of Public Works and Safety.
3. Except as otherwise provided herein, all other terms of the referenced Sublease
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the respective parties have caused this First
Amended to Sublease Agreement to be executed on the dates shown below.
TENANT:
HUTCHINGS FARMS,LLC
Date: c//? [2-
Tom Hutc ' gs,Member
LANDLORD:
ECONOMIC DEVELOPMENT CORPORATION
OF WAYNE COUNTY, INDIANA
Date: 649-al By (4/VW
Valerie Shaffer, Presi
APPROVED BY OWNER:
CITY OF RICHMOND,INDIANA by and through
its Board of Public Works and Safety
Date: 17Q ;a122J By '� a(//tanA9
Vicki Robinson,President
APPROVED BY MAYOR:
Date: D /40 u By •
. Sno
2