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Home My WebLink AboutThird Amendment to Lease - Bruno's Pizza 131 South Michigan1316 CouNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS November 22, 2016 Bruno Cataldo Bruno's Pizza 131 South Michigan St. South Bend, IN 46601 PHONE 574/235-9251 FAx 574/235-9171 RE: Third Amendment to Lease — Renew Lease for 131 South Michigan St. through November 30, 2019 Dear Mr. Cataldo: The Board of Public Works, at its meeting held on November 22, 2016, approved the above referenced agreement in the amount of $18,000/year for 12/01/2016-11/30/2018; and $19,800/year for 12/01/2018-11/30/2019. Enclosed please find a copy of the amendment to lease for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, LindA M. Martin, Clerk Enclosure c: Aaron Kobb, Community Investment GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMEs A. MUELLER THERESE J. DORAU THIRD AMENDMENT TO LEASE This Third Amendment To Lease (this "Third Amendment") is entered into as of November 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 J Weldy, LLC, d/b/a Bruno's Pizza, as successor -in -interest to Bruno Cataldo (the "Tenant"). RECITALS A. Landlord and Tenant are parties to that certain Lease dated August 1, 2010, and recorded on October 5, 2010, as Document No. 1027286 in the Office of the Recorder of St. Joseph County, Indiana, as amended by the Second Amendment To Lease Between The South Bend Redevelopment Commission And J Weldy, LLC dba Bruno's Pizza, dated January 13, 2014 (collectively the "Lease") related to the Premises located at 131 South Michigan Street, South Bend, Indiana, consisting of 1,530 square feet. 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 November 30, 2016. C. Landlord and Tenant desire to extend the term of the Lease as set forth in this Third Amendment. NOW, THEREFORE, in consideration of the mutual promises and obligations set forth in the Lease and in this Third Amendment, the Landlord and Tenant agree as follows: provision: Section 3.1 of the Lease is deleted in its entirety and replaced by the following 3.1. Term. The "Commencement Date" shall commence on the earlier of: (i) that date which is the Delivery Date (as defined in Section 4.1); or (ii) the date on which Tenant opens its business in the Premises to the public, whichever is earlier. The term of this Lease (the "Term") will continue from the Commencement Date until November 30, 2019, unless earlier terminated in accordance with the provisions of this Lease (the "Termination Date"). Any reference in this Lease to the "Initial Term" or an "Extended Term" will be construed to mean the Term as defined in this Section 3.1. 2. Section 3.2 of the Lease is deleted in its entirety. 3. The table set forth in Section 1.2 of the Lease is deleted in its entirety and replaced by the following table: ase Year Annual Modified Gross Rent Monthly Modified Gross Rent 12/1/16-11/30/18 $18,000 peryear $1,500.00 12/1/18-11/30/19 $19,800 peryear $1,650.00 4. Except as expressly modified by this Third Amendment, all terms and conditions of the Lease remain in full force and effect. 5. Capitalized terms will have the meanings set forth in the Lease unless otherwise defined in this Third Amendment. 6. This Third Amendment may be executed in counterparts, all of which shall be deemed originals. 7. The undersigned persons executing and delivering this Third Amendment on behalf of the parties represent and certify that they are duly authorized to execute and deliver this Third Amendment for his or her respective party and that all necessary corporate action has been taken and done. 8. The parties agree to record this Third Amendment in the Office of the Recorder of St. Joseph County, Indiana, following its execution by both parties. Tenant will bear all recordation costs. [Signature page follows.] 2 IN WITNESS WHEREOF, the parties have executed this Third Amendment To Lease to be effective as of the Effective Date stated above. CITY OF SOUTH BEND BOARD F PiI$L S `J Gary Gilot, President Elizabeth Maradik, Member James Mueller, Member ATTEST: e LIqda Martin, Clerk J WELDY, LLC dba BRUNO'S PIZZA Sig urre`` ) A J a rh2.S Printed Name and Ti(te t�- I6'I G Date STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared of the South Bend Board of Public Works and acknowledged the execution of the foregoing Third Amendment to Lease. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day of 2016. , Notary Public Residing in St. Joseph County, IN My Commission Expires: STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared ,ofJ Weldy, LLC d/b/a Bruno's Pizza and acknowledged the execution of the foregoing Third Amendment to Lease. IN WITNESS WHEREOF, I have " here W seal on the • day of` i�t`,� YW� , unto subscribed my name and affixed. y official 2016. l Notary Public Residing in St. Joseph County, IN My Commission Expires: Z " I 4000.0000038 34752442.002 0 . j NOTARY PUBLIC NOTARY SEAL ,'T • ��aS 09.12'.��'• Si�jF OFj1N0�P\\: BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/14/16 Department Name Aaron Kobb Community Investment BPW Date 11/22/16 Phone Extension 5823 Required Prior to Submittal to Board Legal Attorney Name Ben Dougherty Controller review is required for all Contracts $5,000.00 or more Controller ❑ and greater than one year in length per the City Purchasing Policy Purchasing ❑ Check the Appropriate Item Type — Required for All Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Chg Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease./Encroach. ❑ Traffic Control ❑ Resolution ® Other: Lease Renewal ❑ Claim Company or \ New Vendor Required Name Bruno's Pizza (T MBE/WBE Contractor j Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of Previous Amount Yes No MBE WBE If Yes, by Purchasing Completed E-Verify Form Attached ❑ Yes ❑ No Lease renewal between landlord and tenant for the space located in the Michigan Street Shops 131 South Michigan St For Change Orders Only Increase $ Decrease $ Current Percent of Change: % New Amount $ Total Percent of Change: % Time Extension: Di spersal After Approval Copy Original ❑ ❑ ❑ ❑ Aaron Kobb (2 Originals)