9597-05 Approving and Authorizing the execution of a lease Addendum for the construction of an addition to O'Brien Recreation Center

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Second Addendum to Lease Between the City of South Bend Building Corporation, as Lessor, and the City of South Bend, as Lessee (O'Brien School Project) THIS SECOND ADDENDUM, made and entered into this 1st day of June, 2005 (the "Second Addendum"), between City of South Bend Building Corporation, an Indiana non- profit corporation (the "Building Corporation"), and the City of South Bend, a municipal corporation organized and existing under the laws of the State of Indiana (the "Lessee"): WITNESSETH: WHEREAS, the Building Corporation and Lessee have entered into a lease dated as of August 1, 1999, as subsequently amended by an addendum to lease dated as of December 15, 1999, which were recorded in the office of the Recorder of St. Joseph County, Indiana, as Document Number 9962556 and Document Number 9962557, respectively (collectively, the "Lease") by which the Building Corporation leases the O'Brien Recreation Center, located at 321 E. Walter Street in the City and the real estate on which is located (collectively, the "Building") to the Lessee to provide for the Building's renovation, including (i) the replacement of its windows and doors, (ii) the installation and replacement of its heating and cooling system, and (iii) the installation and replacement of its electrical mainpower feed and telephone and computer wiring (collectively, the "1999 Project"); and WHEREAS, the Lease provides for maximum semi-annual lease rental payments of $52,196.00 and for a maximum term of seven (7) years, which is set to expire no later than May 27, 2007; and WHEREAS, the Building Corporation and the Lessee desire to amend the lease to provide for certain improvements to the Building, including but not limited to, the construction BDDBOl 4069489v1