First Amendment to Lease - Gordon Ventures LLC dba Edible Arrangements - Lease at 123 S Michigan

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FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE (this "First Amendment") is made and entered into on October 10, 2017, by and between the South Bend Board of Public Works, as assignee of the South Bend Redevelopment Commission ("Landlord") and Gordon Ventures, LLC d/b/a Edible Arrangements ("Tenant"). WHEREAS, Landlord and Tenant are parties to that certain Lease dated October 11, 2012 (the "Lease"), related to the Premises located at 123 South Michigan Street, South Bend, Indiana, consisting of approximately 1,530 square feet, as more particularly described in Exhibit A; and WHEREAS, the term of the Lease expires at 12:00 midnight, Eastern Standard Time, on October 10, 2017; and WHEREAS, Landlord and Tenant desire to extend the term of the Lease and to modify the terms of the Lease as stated in this First Amendment. NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties agree as follows: The following provision is added to and modifies Section 3.1 of the Lease: Notwithstanding the foregoing provisions of this Section 3.1, the Parties agree that the Initial Term of this Lease is extended for a period of sixty (60) months to commence on October 11, 2017, and expire at 12:00 Midnight, Eastern Standard Time, on October 10, 2022. 2. Section 3.2 of the Lease is deleted in its entirety and replaced by the following: Provided that no Event of Default, as hereinafter defined, or any facts which with the giving of notice or passage of time, or both, would constitute an Event of Default, exists at the time of the exercise of any option to extend the Initial Term hereof or exists at the end of the Initial Term, Tenant may renew this Lease and extend the Initial Term hereof for two (2) additional periods of five (5) years ("Extended Term"), on the same terms and provisions as provided in this Lease, except that the Rent due in such Extended Term shall be negotiated in good faith by Landlord and Tenant (but will not be less than the current market rate for comparable ground floor retail space located in downtown South Bend, Indiana) following Tenant's delivery of written notice of its exercise of such option not later than one hundred eighty (180) days before the expiration of the Term of this Lease. If Tenant fails to exercise its option to extend the Term hereof in the time period set forth in this Section 3.2, each remaining option to extend shall immediately terminate and have no further force or effect, without further notice from Landlord. Any reference in this Lease to the "Term" shall mean the Initial Term as it may be extended pursuant to this Section 3.2. 3. Effective on October 11, 2017, the contents of Section 1.2 of the Lease are deleted in