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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