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HomeMy WebLinkAbout6B(5)(IP A C r� To: Redevelopment Commission From: Staff — Debrah Jennings, Property Manager Subject: Bruno's Lease Assignment Date: May 24, 2011 The Redevlopment Commission entered into a Lease Agreement with Bruno Cataldo d/b /a Bruno's Pizza on August 1, 2010. Mr. Cataldo has decided to turn the business over to his business associate, James Weldy d/b /a J Weldy, LLC. J Weldy, LLC will assume all responsibilities and terms stated in the Lease Agreement with Bruno's Pizza. Staff recommends approval. HAWPDATA \correct memo.doc ASSIGNMENT OF LEASE, ASSUMPTION OF LEASE AND CONSENT TO ASSIGNMENT OF LEASE AND RELEASE ASSIGNMENT OF LEASE For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Bruno Cataldo d/b /a/ Bruno's Pizza, at the store location known generally as 131 South Michigan Street, South Bend, Indiana 46601, does hereby assign, set over and convey to J WELDY, LLC, an Indiana limited liability company, all of his right title and interest in and under that certain Lease Agreement dated the 1st day of August, 2010, which Lease was made by and between Bruno Cataldo d/b /a Bruno's Pizza, as tenant, and the South Bend Redevelopment Commission, as Landlord. Dated this day of , 2011. Bruno Cataldo STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public for and in said County and State this day of , 2011, personally appeared Bruno Cataldo, known to be the individual who acknowledged execution of the foregoing Assignment of Lease. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. , Notary Public Resident of St. Joseph County, Indiana My commission expires: ASSUMPTION OF LEASE J WELDY, LLC, an Indiana limited liability company, does hereby accept the foregoing Assignment of Lease and agrees to assume and be bound by the obligations of the tenant under the Lease described therein effective the day of , 2011. Dated this day of , 2011. J WELDY, LLC By: James Weldy, Member STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public for and in said County and State this day of ' 2011, personally appeared James Weldy, known to be a Member of J WELDY, LLC, Assignee, and acknowledged execution of the foregoing Assumption of Lease on behalf of said Assignee. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. , Notary Public Resident of St. Joseph County, Indiana My commission expires: CONSENT TO ASSIGNMENT OF LEASE AND RELEASE The South Bend Redevelopment Commission, the landlord under that certain Lease Agreement dated the 1st day of August, 2011, by and between Bruno Cataldo d /b /a Bruno's Pizza, as tenant, and the South Bend Redevelopment Commission, as landlord, hereby consents and agrees to the Assignment of the said Lease by Bruno Cataldo d/b /a Bruno's Pizza to J WELDY, LLC. FURTHER, effective the — day of , 2011, Bruno Cataldo d/b /a Bruno's Pizza, shall be hereby released from all further liability under the Lease. Dated this _ day of , 2011. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed Name and TRW South Bend Redevelopment Commission ATTEST: Signature Printed Name and Title South Bend Redevelopment Commission STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public for and in said County and State this day of 2011, personally appeared and , known to be the and , respectively, of the South Bend Redevelopment Commission and acknowledged execution of the foregoing Consent to Assignment of Lease and Release on behalf of said Commission. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. , Notary Public Resident of St. Joseph County, Indiana My commission expires: