HomeMy WebLinkAbout6A(1) First Amendment to Vine Restaurant Lease~ ~ ~~
MEMORANDUM
TO: Larry Meteiver
Legal Department -City of South Bend
1400 County City Building
227 W. Jefferson Boulevard
South Bend, IN 46601
FR ~~~
OM: Dennis J. Andres
Executive Director
Morris Performing Arts Center
DATE: June 1, 2010
SUBJECT: First Amendment to Vine Restaurant Lease
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Attached is the original signed `First Amendment to Vine Restaurant Lease'
Please see that it is properly executed by the South Bend Redevelopment
Commission and then returned to me - I will hand deliver the fully executed
Lease to Mary Spillane.
Thanks,
Dennis
Enclosure
MORRIS PERFORMING ARTS CENTER
211 NORTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 • 574-235-9198
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
r
Time Period CAM
Monthl Char a Rent
Per Month Rent + CAM
Per Month
Renewal Term Year 2 To he determined in $3,679,58 To he determined in
6/30/2010 - 7/1/2011 accordance with accordance with
Article IV of the Article IV of the
Lease Lease
Renewal Term Years 3, 4 To be determined in accordance with Article IV of the Lease
&5
Payment is due from Tenant within Ten (10) Days of the date of the invoice from Landlord.
Past Due Rent shall be subject to the greater of: an interest rate of Eighteen percent (18%)
per annum or Twenty Dollars ($20.00) per Day in accordance with Section 4.5 of the Lease.
4. Tenant shall receive a credit of One Hundred Twenty Six and 21/100 Dollars
($126.21) for overpayments received from July, 2009 through and including January, 2010.
5. The Parties acknowledge and agree that this First Amendment to Lease shall relate
back to the commencement Date as defined in the Lease and that all remaining terms and
conditions, as set forth in the Lease shall remain in full force and effect.
6. This First Amendment to Lease may be executed in counterparts, all of which
shall be deemed originals.
7. The undersigned persons executing and delivering this First Amendment to Lease
on behalf of the Tenant represent and certify that they are the duly elected officers of
Tenant and have been fully empowered, by proper resolution of the Board of Directors to
execute and deliver this Amendment and that all necessary corporate action has been
taken and done.
IN WITNESS WHEREOF, the parties have caused this First Amendment to Lease to be
executed for and on their behalf on the day and year first written above.
[SIGNATURE PAGES ATTACHED]
FirstAmendment Thevine FINAL 100212.doc
LANDLORD:
SOUTH BEND REDEVELOPMENT
COMMISSION
Date:
Signature ignature
Printed Name and Title Printed Name and Title
ATTEST:
J'ignature
Printed Name and Title
STATE OF INDIANA }
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared and ,known to me to be the
and ,respectively, of the South Bend
Redevelopment Commission and acknowledged the execution of the foregoing Amendment to
Lease.
IN WITNESS WHEREOF, the undersigned I have hereunto subscribed my name and affixed my
official seal on the day of , 2010.
Residing in St. Joseph County, IN
My Commission Expires:
Notary Public
(Signature Page to First Amendment to Lease; Formatt, Inc., d/b/a The Vine, dated , 2010)
FirstAmendment TheVine FINAL 100212.doc
TENANT:
FORMATT, INC., d/b/a "the Vine"
Date: ~ ~ `~~ ~ ~ ~j
By: ,
Name: F~ ay-Spillane
Its:
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared Mary P. Forray-Spillane of Formatt, Inc. and acknowledged the execution of the
foregoing First Amendment to Lease.
IN WITNESS W~},EREOF, I have hereunto subscribed my name and affixed my official seal on
the .t'JS~b' of ,~1~ ~ , 2010.
v{y
Notary Public ~~~.'"•••. R. Wluuu~ JONAS, JR.
"~ st Joseph courny
esidi os nty, IN ~ ~ "` My ~,,,~;~ ~~
•~a~ February 20, 2011
My Commission Expires:
(Signature Page to First Amendment to Lease; Formatt, Inc., d/b/a The Vine, dated ~ ~ ~ ~ , 2010)
FirstAmendment TheVine FINAL 100212.doc