13-2023A - Amendment to sale of 12900 Madison

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DocuSign Envelope ID: 27CE1015-8397-4CCE-9DD9-31 F514ECBED3 Exhibit A SECOND AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT THIS SECOND AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT ("Second Amendment") is effective as of October 27, 2023 (the "Effective Date") by and between THE CITY OF LAKEWOOD, an Ohio municipal corporation and political subdivision (the "Seller"), and LAKEWOOD COMMUNITY SERVICES CENTER, an Ohio non-profit corporation (the "Buyer"). Seller and Buyer are sometimes referred together as the "Parties" and each, individually, as a "Party". RECITALS: A. The Seller and Buyer entered into that certain Real Estate Purchase and Sale Agreement made effective as of July 10, 2023, as amended by that certain First Amendment to Real Estate Purchase and Sale Agreement made effective as of October 5, 2023 (as amended, the "Original Agreement"); and B. The parties desire to amend the Original Agreement by the terms of this Second Amendment (as so amended, the "Amended Agreement"). AGREEMENT S: In consideration of the foregoing Recitals, and the mutual covenants and agreements set forth herein, the parties hereto hereby agree as follows: 1. Capitalized Terms. All capitalized terms used herein, unless otherwise defined herein, shall have the same meaning as set forth in the Amended Agreement. 2. Modification of Purchase Price. The purchase price for the Property shall be modified to the sum of $130,000, payable to Seller in the manner described within the Original Agreement. 3. Limitation on Amendment. Except as specifically modified hereby, all of the terms and provisions of the Amended Agreement are ratified and reaffirmed by the Parties hereto. This Second Amendment is limited as specified and other than the specific amendments contained herein shall not constitute an amendment, modification or waiver of, or otherwise affect in any way, any other provisions of the Amended Agreement. This Second Amendment may not be further modified unless executed by all Parties affected thereby or against whom enforcement is sought. 4. Execution/Counterparts. This Second Amendment may be executed in counterparts and, when counterparts of this Second Amendment have been executed and delivered by the Parties as provided in this Section 4, this Second Amendment shall be fully binding and effective, just as if the Parties had executed and delivered a single counterpart of this Second Amendment. Without limiting the manner in which execution of this Second Amendment may be accomplished, execution by the Parties may be effected by facsimile or electronic transmission (via PDF or other 4866-9630-6827, v. 1