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1 <br /> <br />FIRST AMENDMENT TO REAL PROPERTY TRANSFER AGREEMENT <br /> <br />This First Amendment to Real Property Transfer Agreement (this “First Amendment”) is <br />made and entered into as of December 16, 2025, by and between the City of South Bend, acting <br />by and through its Board of Public Works, of 215 S. Dr. Martin Luther King Jr. Boulevard, Suite <br />400, South Bend, IN 46601 (the “City”), and the South Bend Heritage Foundation, Inc. (the <br />“Organization”), an Indiana non-profit corporation, with its registered office at 803 Lincoln Way <br />West, South Bend, IN 46616 (the “Organization”)(each a “Party” and together the “Parties”). <br />RECITALS <br /> <br />A. The Parties entered into a Real Property Transfer Agreement (the “Agreement”) on <br />August 13, 2024 for certain real property located in South Bend, Indiana, and more particularly <br />described in Exhibit A of the Agreement. <br />B. The Property is comprised of two vacant lots in Downtown South Bend. <br />C. The Organization has been planning construction on the site that has taken longer <br />than initially envisioned due to unforeseen circumstances. <br />D. The Parties have agreed to amend certain terms of the Agreement. <br />NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises <br />contained in this First Amendment and the Agreement and for other good and valuable <br />consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: <br />1. The Phrase “twelve (12) months” in Section 5 of the Agreement shall be deleted in <br />its entirety and replaced with the phrase “twenty-four (24) months”. <br />2. The Phrase “thirty (30) months” in Section 5 of the Agreement shall be deleted in <br />its entirety and replaced with “forty-two (42) months”. <br />3. The City’s notice and copy addresses provided in Section 7 shall be amended to <br />read as follows: <br />To City: City of South Bend <br /> Attn: Joseph Molnar <br /> 215 S. Dr. Martin Luther King Jr. Blvd., Suite 500 <br /> South Bend, IN 46601 <br /> <br />With a copy to: City of South Bend Legal Department <br /> Attn: Corporation Counsel <br /> 215 S. Dr. Martin Luther King Jr. Blvd., Suite 600 <br /> South Bend, IN 46601 <br />4. Unless expressly modified by this First Amendment, the terms and provisions of <br />the Agreement shall remain in full force and effect.