6A(1) First Amendment to Vine Restaurant Lease

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FIRST AMENDMENT TO LEASE BETWEEN SOUTH BEND REDEVELOPMENT COMMISSION AND FORMATT, INC., d/b/a "the Vine" DATED DECEMBER 14, 2003 THIS FIRST AMENDMENT TO LEASE is made and entered into this ~1 ~~ day of v`, 2010 by and between the South Bend Redevelopment Commission ("Landlord") and Fo att, Inc, d/b/a "the Vine" ("Tenant"). RECITALS A. Landlord and Tenant are Parties to a certain Lease dated December 14, 2003, affecting a portion of certain real property located at 201 North Michigan Street, situated in the City of South Bend, County of St. Joseph, State of Indiana, as legally described in the Lease ("Premises"). B. The Term of the Lease ended on June 30, 2009. Section 3.2 of the Lease provides for a Renewal Term of Five (5) Years, which the parties mutually wish to exercise, and accordingly, desire to enter into this First Amendment to Lease extending the Term of the Lease for an additional Five (5) Years commencing on July 1, 2009, and ending at 12:00 Midnight Eastern Daylight Savings Time on June 30, 2014. C. NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties make this First Amendment to Lease as follows: NOW, THEREFORE, in consideration of the foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged the Lease is amended as follows, effective as of the date hereof, unless otherwise specified: 1. DEFINITIONS. Unless otherwise defined herein, the terms used herein shall have the same meanings set forth in the Lease. 2. TERM. The Term of this Lease shall be extended for Five (5) Years commencing on July 1, 2009, and ending at 12:00 Midnight Eastern Daylight Savings Time on June 30, 2014. ("Renewal Term"). 3. RENTAL. During the Renewal Term, the Tenant shall pay Rent to Landlord as follows: Time Period CAM Rent Rent + CAM Monthl Char a Per Month Per Month Renewal Term Year 1 5590.02 $3,679.58 $4,269.60 6/30/2009 - 7/1/2010