HomeMy WebLinkAboutSecond Amendment to Lease - First Church of Christ Scientist of South Bend - Lease at 129 S Michigan StreetSECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE (this "Second Amendment") is made and
entered into this 26th day of September, 2017, by and between the South Bend Board of Public
Works, as assignee of the South Bend Redevelopment Commission ("Landlord") and First Church of
Christ Scientist of South Bend ("Tenant").
WHEREAS, Landlord and Tenant are parties to that certain Lease dated September 7, 2007,
as amended by that certain First Amendment To Lease dated August 16, 2012 (collectively, the
"Lease") related to the Premises located at 129 South Michigan Street, South Bend, Indiana
consisting of approximately 1,056 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
November 30, 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 Second Amendment.
NOW, THEREFORE, in consideration of the mutual promises and obligations set forth
herein, the parties agree as follows:
1. The following provision is added to and modifies "SECTION 3.1. INITIAL TERM"
by inserting at the end of the first paragraph, the following:
The Parties agree that the Term of this Lease shall be and hereby is extended
for a period of Twelve (12) months to commence on December 1, 2017 and
expire at 12:00 Midnight, Eastern Standard Time, on November 30, 2018.
2. "SECTION 1.2. BASE RENT" shall remain fixed at $11.50 per square foot per year,
equivalent to $12,144.00 per year, or $1,012.00 per month.
3. "SECTION 5.2. ADDITIONAL RENT" shall be modified as follows:
The total amount of Additional Rent attributable to the Tenant's CAM Contribution
(as defined in 5.4(c)) plus the Tenant's Pro Rata Share of Tax Expenses (as defined in
Section 5.5) for a Lease Year shall not exceed the following limitations:
Time Period PSF Annually Monthly
12/1/17—11/30/18 $8.20 $8,659.20 $721.60
4. The Parties acknowledge and agree that except as modified herein, all terms and
conditions of the Lease remain in full force and effect.
5. This Second Amendment may be executed in separate counterparts, each of which
when so executed shall be an original, but all of which together shall constitute one
and the same instrument. Any electronically transmitted version of a manually
executed original shall be deemed a manually executed original.
6. The undersigned persons executing and delivering this Second Amendment on behalf
of the Tenant represent and certify that they are the duly elected officers of Tenant
and have been fully empowered, to execute and deliver this Second Amendment and
that all necessary corporate action has been taken and done.
7. This Second Amendment will be governed by and construed in accordance with the
laws of the State of Indiana.
IN WITNESS WHEREOF, the parties have caused this Second Amendment To Lease to be executed
for and on their behalf on the day and year first written above.
LANDLORD:
SOUTH SEND BOARD OF
PUBLIC WORKS
ATTEST:
Date: q 1,21 c3 1 7
TENANT:
FIRST CHURCH OF CHRIST SCIENTIST OF
SOUTH SEND
Y-
Signatrrr'e
Printed Name and Title
L 17, 26 /7
D to
2
EXHIBIT A
Description of Premises
The Premises consists of Retail Area No. 2, commonly referred to as 129 S. Michigan Street,
South Bend, Indiana, comprised of 1,056 square feet located on the ground level of the Leighton
Center Parking Garage, commonly referred to as the Michigan Street Shops, South Bend, Indiana
and more particularly described at Exhibit A of the Lease.