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6C(1) Bombay Boutique Lease Amendment
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04-26-11 Packet
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6C(1) Bombay Boutique Lease Amendment
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11/1/2012 4:26:29 PM
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4/25/2011 9:18:51 AM
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AMENDMENT TO LEASE BETWEEN <br />SOUTH BEND REDEVELOPMENT COMMISSION AND <br />BOMBAY BOUTIQUE, INC. <br />THIS AMENDMENT TO LEASE is made and entered into this 19th day of April, 2011 by <br />and between the South Bend Redevelopment Commission ( "Landlord ") and Bombay Boutique, Inc. <br />( "Tenant "). <br />WHEREAS, Landlord and Tenant are parties to an agreement entitled "Lease" commencing <br />May 1, 2006 (the "Lease ") and expiring on April 30, 2012 for the premises located at 119 South <br />Michigan Street, South Bend, Indiana; and <br />WHEREAS, over the course of the lease term, the Tenant has fallen behind in lease payments <br />and as of July 1, 2010 had a rental payment deficiency of $4,519.56 (the "Old Deficiency "); and <br />WHEREAS, the Landlord and the Tenant entered into an agreement to reduce the monthly <br />rent and CAM payment and to liquidate the Old Deficiency through additional monthly payments, <br />but the agreement was not reduced to writing (the "Unwritten Agreement "); and <br />WHEREAS, on August 1, 2010, the Tenant began making payments as contemplated by the <br />Unwritten Agreement; and <br />WHEREAS, as a result of such additional payments, the Tenant was able to reduce the Old <br />Deficiency to the sum of $2,636.41 as of December 31, 2010; and <br />WHEREAS, during the first quarter of 2011, the Tenant was able to further reduce the Old <br />Deficiency to the sum of $1,129.89 as of April 30, 2011; and <br />WHEREAS, during the first quarter of 2011, the Tenant again fell behind in payments and <br />had an additional rental payment deficiency of $4,839.84 as of April 30, 2011 (the "New <br />Deficiency "); and <br />WHEREAS, this agreement is entered into as the "Amendment to Lease" to recognize the <br />Unwritten Agreement and to further modify the terms and conditions in the Lease. <br />NOW, THEREFORE, in consideration of the mutual promises and obligations set forth <br />herein, the parties make this Amendment to Lease as follows: <br />1. Tenant acknowledges that Tenant currently owes Landlord the sum of $4,839.84 (the <br />"New Deficiency ") for monthly installments of Base Rent and Additional Rent payable by Tenant to <br />
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