HomeMy WebLinkAboutAmendment No 1 to Temporary License Agreement - Roger & Andrea Morton1
FIRST AMENDMENT TO AGREEMENT TO BUY AND SELL REAL ESTATE
This First Amendment to Agreement to Buy and Sell Real Estate (this “First Amendment”)
is made and entered into as of April 28, 2026, 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 Roger Morton & Andrea Morton, each an individual
holding title to the Property (as later defined) as Morton Roger Lynn & Andrea Lynn, (“Seller")
(each a “Party” and together the “Parties”).
RECITALS
A. The South Bend Common Council approved Resolution 5156-25 pursuant to I.C.
36-1-10.5-5(1) authorizing the Board to purchase the Property, particularly described in attached
Exhibit A (the “Property”).
B. The City, acting by and through the Board, may purchase land or structures in
accordance with the requirements of Ind. Code § 36-1-10.5.
C. The Board desires to purchase from Seller the Property.
D. The Parties entered into an Agreement to Buy and Sell Real Estate (the
“Agreement”) on April 14, 2026 for the Property located in South Bend, Indiana.
E. 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. Section 11. C shall be deleted in its entirety and replaced with “Seller shall deliver
possession of the Property to Buyer at twelve (12) months after Closing in the same
condition it existed on the Contract Date (the “Possession Date”)
2. Unless expressly modified by this First Amendment, the terms and provisions of
the Agreement shall remain in full force and effect.
3. Capitalized terms used in this First Amendment will have the meanings set forth
in the Agreement unless otherwise stated herein.
[Signature pages follow.]
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
________________________________
Abigal E. Magas, Member
________________________________
MORTON ROGER LYNN & ANDREA LYNN
By:
______________________________________
Roger Morton
Dated:
By:
______________________________________
Andrea Morton
Dated:
April 28, 2026
EXHIBIT A
Description of Property
Parcel I:
Parcel Key No. 018-7102-3649
State ID: 71-09-18-429-008.000-026
Legal Description: Lot 23 Roseland Park Add
Commonly Known as 1829 Randolph St
Parcel II:
Parcel Key No. 018-7102-3650
State ID: 71-09-18-429-009.000-026
Legal Description: Lot 22 Roseland Park Add
Commonly Known as 1833 Randolph St
Parcel III:
Parcel Key No. 018-7102-3651
State ID: 71-09-18-429-010.000-026
Legal Description: Lot 21 Roseland Park Add
Commonly Known as 1837 Randolph St
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 4/21/2026
Name Erin Michaels Department DCI
BPW Date 4/28/2026 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 Michael Schmidt
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 Roger Morton & Andrea Morton
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 Agreement to Buy and Sell Real Estate for 1829-1837
Randolph St
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description The proposed First Amendment would extend the Possession Date of the
property at 1829-1837 Randolph St to 12 months to allow for more time for
the Sellers to purchase a new residence and relocate their personal property.
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: