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135-22 - Roland & Roland - Contract Amendment 1.kMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT This Amendment to the Real Estate Purchase and Sale Agreement between ROLAND & ROLAND, a Washington general partnership ("Seller") and the CITY OF PORT ORCHARD, a Washington municipality ("Buyer") (together, "Parties"), dated December 13, 2022 (the "Agreement"), with this Amendment effective as of the date of mutual execution ("Amendment"), to amend the terms of the Agreement as set out herein. WHEREAS, the Agreement is contingent upon the execution and recording of a temporary construction easement issued by Seller to the Washington State Department of Transportation, and WSDOT cannot execute the temporary construction easement prior to the current closing date of December 30, 2022; and �z 3 WHEREAS, the Parties desire to extend the closing date to January 31, 1022; to accommodate WSDOT's timeline; FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are acknowledged, Seller and Buyer amend the terms of the Agreement as follows: Section 6.2, Closing Date. Section 6.2 is amended, in part, as follows: The closing ("Closing") will be held at the offices of Escrow Holder on a business day mutually acceptable to Buyer and Seller not later than January 31, 2023 (the "Closing Date"). 2. No Other Changes. Except as expressly set forth in this Amendment, the Purchase Agreement is unmodified and continues in full force and effect as written. 3. Counterparts. This Amendment may be executed in counterparts and transmitted via facsimile or electronic mail, all of which taken together will constitute one and the same instrument, and any party executing this Amendment may do so by signing any such counterpart DATED the day and year first written above. SELLER: ROLAND AND ROLAND GENERAL PARTNERSHIP AT Roland Family Investments LLC By: Kendall H. Moore Its: Manag lr�h Date: _ _ Roland Partners LLC By: Alexander W. Roland Its: Manager Date: __ __ AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT This Amendment to the Real Estate Purchase and Sale Agreement between ROLAND & ROLAND, a Washington general partnership ("Seller") and the CITY OF PORT ORCHARD, a Washington municipality ("Buyer") (together, "Parties"), dated December 13, 2022 (the "Agreement"), with this Amendment effective as of the date of mutual execution ("Amendment"), to amend the terms of the Agreement as set out herein. WHEREAS, the Agreement -is contingent upon the execution and recording of a temporary construction easement issued by Seller to the Washington State Department of Transportation, and WSDOT cannot execute the temporary construction easement prior to the current closing date of December 30, 2022; and #41-- WHEREAS, the Parties desire to extend the closing date to January 31, 202¢2, to accommodate WSDOT's timeline; FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are acknowledged, Seller and Buyer amend the terms of the Agreement as follows: Section 6.2, Closing Date. Section 6.2 is amended, in part, as follows: The closing ("Closing") will be held at the offices of Escrow Holder on a business day mutually acceptable to Buyer and Seller not later than January 31, 2023 (the "Closing Date"). 2. No Other Changes. Except as expressly set forth in this Amendment, the Purchase Agreement is unmodified and continues in full force and effect as written. 3. Counterparts. This Amendment may be executed in counterparts and transmitted via facsimile or electronic mail, all of which taken together will constitute one and the same instrument, and any party executing this Amendment may do so by signing any such counterpart. DATED the day and year first written above. SELLER: ROLAND AND ROLAND GENERAL PARTNERSHIP Roland Family Investments LLC By: Kendall H. Moore Its: Manager Date: -1- AKA��� Ro nd Partners LLC By: Alexander W. Roland Its: Manager Date: /Z— 7,L-2Z- DocuSign Envelope ID: 11C2CAEB-EDF4-4520-999F-49E72891AECD BUYER: CITY OF PORT ORCHARD, WASHINGTON By: City of Port Orchard, a Washington municipality Its: Mayor oocu5lgned by: F�� Pu�aau tat By: g96a3;T3F59Nfl . Rob t 2022 Date: -2-