Laserfiche WebLink
1 <br /> <br />FIRST AMENDMENT TO AGREEMENT TO BUY AND SELL REAL ESTATE <br /> <br />This First Amendment to Agreement to Buy and Sell Real Estate (this “First Amendment”) <br />is made and entered into as of April 28, 2026, by and between the City of South Bend, acting by <br />and through its Board of Public Works, of 215 S. Dr. Martin Luther King Jr. Boulevard, Suite 400, <br />South Bend, IN 46601 (the “City”), and Roger Morton & Andrea Morton, each an individual <br />holding title to the Property (as later defined) as Morton Roger Lynn & Andrea Lynn, (“Seller") <br />(each a “Party” and together the “Parties”). <br />RECITALS <br /> <br />A. The South Bend Common Council approved Resolution 5156-25 pursuant to I.C. <br />36-1-10.5-5(1) authorizing the Board to purchase the Property, particularly described in attached <br />Exhibit A (the “Property”). <br />B. The City, acting by and through the Board, may purchase land or structures in <br />accordance with the requirements of Ind. Code § 36-1-10.5. <br />C. The Board desires to purchase from Seller the Property. <br />D. The Parties entered into an Agreement to Buy and Sell Real Estate (the <br />“Agreement”) on April 14, 2026 for the Property located in South Bend, Indiana. <br />E. 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. Section 11. C shall be deleted in its entirety and replaced with “Seller shall deliver <br />possession of the Property to Buyer at twelve (12) months after Closing in the same <br />condition it existed on the Contract Date (the “Possession Date”) <br />2. Unless expressly modified by this First Amendment, the terms and provisions of <br />the Agreement shall remain in full force and effect. <br />3. Capitalized terms used in this First Amendment will have the meanings set forth <br />in the Agreement unless otherwise stated herein. <br /> <br /> <br />[Signature pages follow.]