SWA000189_Sales Agreement_20230228

ROWAN
C• LN TY
NORTH CAROLINA
Be an original.
ROWAN COUNTY CONTRACT MEMORANDUM
TO: Aaron Church; Rowan County Manager
FROM: Jody Farrow -Bennett
TITLE: Purchasing Director
DATE: 01/19/2023
SUBJECT: Amendment to the Agreement of Sale -Utah Development, LLC.
PURPOSE OF CONTRACT:
Amendment to the Agreement of Sale between Rowan County and Utah Development, LLC.
Approved by the BOC on 1/17/2023; Agenda Item M.
CONTRACT CERTIFICATION
By submitting this memorandum, I agree that I have:
1. Read and understand the terms of the contract.
2. To the best of my knowledge the terms, amount and activities surrounding
this contract are compliant with North Carolina General Statutes, the Rowan
County Purchasing Policy and any applicable regulations.
3. 1 have secured and attached in MUNIS the Certificate of Insurance.
Signature of Director
01/19/2023
DATE

AMENDMENT TO AGREEMENT OF SALE
THIS AMENDMENT TO AGREEMENT OF SALE ("Amendment") is made as of
January 19 , 2023, by and between Rowan County, a North Carolina municipal
corporation, ("Seller"), and Utah Development, LLC, a Michigan limited liability company,
having an address of 25000 Assembly Park Dr., Wixom, MI 48393 ("Purchaser").
RECITALS
WHEREAS, Purchaser and Seller have entered into an AGREEMENT FOR PURCHASE
AND SALE OF LAND, regarding land commonly known as 0 East Ritchie Road, Salisbury NC,
signed by Seller as of April 11, 2022 (the "Agreement of Sale" as amended), providing for the
purchase by Purchaser from Seller of the Property as identified therein.
WHEREAS, Capitalized terms in this Amendment shall have the meanings provided in
the Agreement of Sale.
WHEREAS, pursuant to paragraph 4 of Exhibit "B" Agreement of Sale, the Purchaser
has an "Approvals Period of one hundred fifty (150) days, which shall commence on the first
calendar day following the expiration of the Examination Period."
WHEREAS, the Purchaser requires additional time to apply for obtain governmental
approvals for its intended activities.
NOW THEREFORE, for and in consideration of the covenants contained herein, and
other good and valuable consideration, and intending to be legally bound, the parties agree as
follows:
The Purchaser is granted an extension of an additional Sixty (60) Days of all dates
for completion of all actions and activities regarding the property with the exception of the
"Examination Period" as is set forth in paragraph 4 of Exhibit 'B" of the Agreement of Sale
which is not extended.
2. The Purchaser hereby represents and warrants it will not commence any
construction related activities at the Property until after Closing.
Other than as specifically set forth in this Amendment, the terms and conditions
of the AGREEMENT FOR PURCHASE AND SALE OF LAND between the parties hereto shall
remain in full force and effect without modification and are hereby ratified and affirmed.
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4. This Amendment may be executed in counterparts, all of which shall be deemed
originals. This Amendment shall become binding when one or more counterparts hereof,
individually or taken together, shall bear the signatures of all of the parties hereto. Delivery of
an executed counterpart of this Amendment by an email attachment shall have the same binding
effect as delivery of an executed original.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have
caused this Amendment to be duly executed the date first above written.
Purchaser:
UTAH DEVELOPMENT, LLC
a Michigan Limited Liability Company
By: CHris Davis (Jan 19, 2M 0722 EST)
Chris Davis, Manager
Seller:
Its Aaron Church; Rowan County Manager
This instrument has been pre -audited in
the manner required by the Local
Government Budget and Fiscal Control Act.
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Workflow Acknowledgment
Purchasing Director: Jody Farrow -Bennett
E-signed 2023-01-19 09:28AM EST
jody.farrow-bennett@rowa ncou ntync.€
BOC Approval: BOC Approved January 17, 2023; Agenda Item M. Rowan County, NC Information
Systems, Purchasing Director
Insurance: N/A
Comment:
CIO:Randy Cress
E-signed 2023-01-1910:37AM EST
[e-mail]
COI Comment: Rowan County, NC Information
Systems, Assistant County Manager /
County Attorney:
.lay ftepan19,202310:55EST) Jay Dees
E-signed 2023-01-1910:55AM EST
Legal Comment: [e-mail]
Finance Director:�Anna Bumgarner
E-signed 2023-01-19 04:12PM EST
Finance Comment: [e-mail]
Rowan County, NC Information
Systems