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AGREEMENT TO BUY AND SELL REAL ESTATE <br />This Agreement to Buy and Sell Real Estate ("Agreement") is dated effective the <br />26th day of November 2019 and made by and between Victor Lopez, of 1110 Lincoln <br />Way West, South Bend, Indiana 46616 ("Buyer") and the City of South Bend, Indiana <br />(the "City"), acting by and through its Board of Public Works ("Seller") (each a "Party" <br />and together the "Parties"). <br />RECITALS <br />A. Pursuant to Indiana Code Sec. 36-1-11-5, Seller is selling certain <br />properties in the City commonly known as 722 N. LaPorte Avenue ("LaPorte Property") <br />and 142 N. Chicago Street ("Chicago Property" and, together with the LaPorte Property, <br />the "Property"), both of which are more particularly described on Exhibit A. <br />B. Buyer owns property that abuts the LaPorte Property to the south and <br />property that abuts the Chicago Property to the south. <br />C. The Property was advertised for sale on October 11, 2019 and October 18, <br />2019, and bids were opened on November 12, 2019. <br />D. The Seller's bids were accepted by the Seller at its regular meeting held on <br />November 26, 2019. <br />E. In partial payment of the purchase price for the Property and pursuant to <br />Indiana Code Sec. 36-1-11-7, the Buyer and Seller have agreed to the Buyer's transfer to <br />the Seller of certain property in the City commonly known as 517 Allen Street ("Allen <br />Property"), which is more particularly described on Exhibit B. <br />F. The City owns property that abuts the Allen Property to the north. <br />G. The Parties desire to memorialize the terms of the property exchange as <br />set forth herein. <br />THEREFORE, in consideration of the mutual covenants and promises in this <br />Agreement and other good and valuable consideration, the receipt of which is hereby <br />acknowledged, Buyer and Seller agree as follows: <br />1. PURCHASE AND SALE OBLIGATION <br />Seller agrees to sell the Property to the Buyer and Buyer agrees to sell to Seller the Allen <br />Property upon the terms and conditions set forth herein. All the terms and conditions of <br />this Agreement will be effective and binding upon the Parties and their successors and <br />assigns at the time the Agreement is fully signed by Buyer and Seller (the "Contract <br />Date"). <br />