Lease Renewal - LePeep of South Bend

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FIFTH AMENDMENT TO LEASE This Fifth Amendment To Lease (this "Fifth Amendment") is entered into as of December 22, 2016 (the "Effective Date"), by and between the City of South Bend Board of Public Works, as successor -in -interest to the South Bend Redevelopment Commission pursuant to that certain Assignment And Assumption Of Garage -Related Agreements dated September 27, 2016 (the "Landlord") and Le Peep of South Bend, Inc. (the "Tenant"). RECITALS A. Landlord and Tenant are parties to that certain Lease dated October 20, 2000, and recorded on October 25, 2000, as Document No. 0049944 in the Office of the Recorder of St. Joseph County, Indiana, as amended by the First Amendment to Lease dated February 13, 2003, the Second Amendment to Lease dated November 2, 2007, the Third Amendment to Lease dated November 1, 2008, and the Fourth Amendment to Lease dated May 10, 2011 (collectively the "Lease") related to the Premises located at 127 South Michigan Sheet, South Bend, Indiana. B. Pursuant to Section 3.1 of the Lease, as amended, the term of the Lease will expire at 12:00 midnight, Eastern Standard Time, on October 31, 2017. C. Landlord and Tenant desire to extend the term of the Lease and to modify certain other terms of the Lease as set forth in this Fifth Amendment. NOW, THEREFORE, in consideration of the mutual promises and obligations set forth in the Lease and in this Fifth Amendment, the Landlord and Tenant agree as follows: follows: A new section, denominated Section 1.3, is inserted into the Lease and reads as SECTION 1.3. RIGHT OF FIRST REFUSAL. Landlord hereby grants Tenant the right of first refusal to lease the suite immediately adjacent to and south of Suite 129 in the Building, which consists of approximately 1,056 square feet (the "ROFR Space"). If and when the ROFR Space becomes available for lease, Landlord will notify Tenant in writing that the ROFR Space is available, and Tenant will have fifteen (15) days from the date Landlord gives notice in which to exercise its right to lease the ROFR Space. In the event Tenant exercises its right to lease the ROFR Space, Landlord will lease the ROFR Space to Tenant upon terms agreeable to Landlord as determined in Landlord's sole discretion. 2. Section 3.1 of the Lease is deleted in its entirety and replaced by the following provision: SECTION 3.1. THE TERM. The "Commencement Date" of this Lease is May 1, 2001. The term of this Lease (the "Term") will continue from the Commencement Date until December 31, 2021, unless earlier terminated in