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HomeMy WebLinkAboutAmendment No 1 to RPTA 601 W Washington - SB Heritage Foundation1 FIRST AMENDMENT TO REAL PROPERTY TRANSFER AGREEMENT This First Amendment to Real Property Transfer Agreement (this “First Amendment”) is made and entered into as of December 16, 2025, by and between the City of South Bend, acting by and through its Board of Public Works, of 215 S. Dr. Martin Luther King Jr. Boulevard, Suite 400, South Bend, IN 46601 (the “City”), and the South Bend Heritage Foundation, Inc. (the “Organization”), an Indiana non-profit corporation, with its registered office at 803 Lincoln Way West, South Bend, IN 46616 (the “Organization”)(each a “Party” and together the “Parties”). RECITALS A. The Parties entered into a Real Property Transfer Agreement (the “Agreement”) on August 13, 2024 for certain real property located in South Bend, Indiana, and more particularly described in Exhibit A of the Agreement. B. The Property is comprised of two vacant lots in Downtown South Bend. C. The Organization has been planning construction on the site that has taken longer than initially envisioned due to unforeseen circumstances. D. The Parties have agreed to amend certain terms of the Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises contained in this First Amendment and the Agreement and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. The Phrase “twelve (12) months” in Section 5 of the Agreement shall be deleted in its entirety and replaced with the phrase “twenty-four (24) months”. 2. The Phrase “thirty (30) months” in Section 5 of the Agreement shall be deleted in its entirety and replaced with “forty-two (42) months”. 3. The City’s notice and copy addresses provided in Section 7 shall be amended to read as follows: To City: City of South Bend Attn: Joseph Molnar 215 S. Dr. Martin Luther King Jr. Blvd., Suite 500 South Bend, IN 46601 With a copy to: City of South Bend Legal Department Attn: Corporation Counsel 215 S. Dr. Martin Luther King Jr. Blvd., Suite 600 South Bend, IN 46601 4. Unless expressly modified by this First Amendment, the terms and provisions of the Agreement shall remain in full force and effect. 2 5. Capitalized terms used in this First Amendment will have the meanings set forth in the Agreement unless otherwise stated herein. [Signature pages follow.] 3 IN WITNESS WHEREOF, the parties have entered into this First Amendment and executed the same on the date set forth next to their signatures. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS ________________________________ Elizabeth Maradik , President ________________________________ Joseph Molnar, Vice President ________________________________ Breana Micou, Member ________________________________ Gary Gilot, Member ________________________________ Murray Miller, Member ATTEST: ________________________________ Hillary Horvath, Clerk SOUTH BEND HERITIAGE FOUNDATION, INC., an Indiana non-profit corporation By: Printed: Title: By: Printed: Title: December 16, 2025 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/3/2025 Name Erin Michaels Department DCI BPW Date 12/16/2025 Phone Extension 5931 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Dept. Attorney Attorney Name Danielle Campbell Weiss Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Temporary License Agreement Ease./Encroach Required Information Company or Vendor Name South Bend Heritage Foundation, Inc. New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name First Amendment to Real Property Transfer Agreement – Taylor & Washington Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Requesting approval of amendment to property transfer agreement at 601 W Washington to South Bend Heritage Foundation to extend construction start date from 12 months after closing to 24 months and construction completion date from 30 months to 42 months after closing due to unforeseen circumstances related to site design. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: