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Department of Community Investment 0
1200 County -City Building. 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fox 574/235 -9021
To:
Redevelopment Commi ion
From:
Bill Schalliol
Subject:
Amendment to Lease - VA Clinic Property
Date:
November 21, 2012
Attached to this memorandum is an Amendment to Lease between Ambulatory Care Solutions and the City
of South Bend Redevelopment Commission for the VA Clinic property at 333 W Western Avenue. The
original lease provided for payment of base rent of $4,000.00 based upon an area of the leased premises
being 16,000 SF. The actual square footage being used by ACS within the leased premises is 17,340 SF for a
base rent of $4,335.00. This higher amount has been paid by ACS from the beginning of the contract but the
lease needs to be amended to reflect this modified amount.
Staff requests Commission approval of the Amendment to Lease with ACS for 333 W Western Avenue.
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AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE is made and entered into this — day of
2012, by and between City of South Bend, Department of Redevelopment (the "City ") and
Ambulatory Care Solutions, LLC (the "Lessee ").
WHEREAS, the Lessee entered into a certain lease (the "Lease") with GMS Realty, Inc.
( "GMS ") effective January 31, 2012. for certain premises (the "Lease Premises ") generally
identified in the Lease, and
WHEREAS, at the time of execution of the Lease, the Lease Premises were under
construction and rehabilitation and the Lease Premises comprise only a portion of the building in
which the Lease Premises are located, and
WHEREAS, the Lease provided for the payment of "Base Rent" based upon an area of
the Leased Premises being 16,000 square feet for a "Base Rent" of Four Thousand Dollars
($4,000.00) per month, together with "Additional Rent" of Nineteen Thousand Three Hundred
Thirty Two and 80/100 Dollars ($19,332.80) per month for a total monthly rent of Twenty Three
Thousand Three Hundred Thirty Two and 80/100 Dollars, and
WHEREAS, the Lease was assigned by GMS to the City, and the City assumed the
Lease, by way of an Assignment And Assumption Of Lease, made effective as of April 30, 2012,
and
WHEREAS, the City and the Lessee have determined that the actual square footage of
the Leased Premises is 17,340 square feet, making the actual "Base Rent" the sum of Four
Thousand Three Hundred Thirty Five Dollars ($4,335.00) added to the "Additional Rent" for a
total monthly rent of Twenty Three Thousand Six Hundred Sixty Seven and 80 /100 Dollars
($23,667.80), and
WHEREAS, the Lessee began paying the sum of Twenty Three Thousand Six Hundred
Sixty Seven and 80/100 Dollars ($23,667.80) on May 1, 2012, and has continued to pay such
monthly sum since May 1, 2012, and
WHEREAS, the City and the Lessee desire to amend the Lease to establish the actual
square footage of the Leased Premises and the actual "Base Rent" and total monthly rent payable
by the Lessee to the City pursuant to the Lease,
NOW, THEREFORE, the City and the Lessee agree to amend the Lease as follows:
1. The second paragraph of Section 2.01 is amended to read as follows:
Lessee agrees to pay Lessor as rent for the Leased Premises the sum of Three and no /100
Dollars ($3.00) per sq. ft., as annual base rent, plus Two Hundred Thousand and no /100
Dollars ($200,000.00) plus six per cent per annum, as annual additional rent. The rent for
17,340 sq. ft. is Four Thousand Three Hundred Thirty Five Dollars ($4,335.00) base rent
plus Nineteen Thousand Three Hundred Thirty Two and 80 /100 Dollars ($19,332.80)
additional rent per month beginning on May 1, 2012, with a like sum being paid on the
same day of each calendar month thereafter during the initial term of this Lease and any
extensions thereof.
2. All other terms and provisions of the Lease not inconsistent with this Amendment
shall remain in full force and effect and binding between the parties to this Amendment to Lease.
IN WITNESS WHEREOF, the parties have executed this Amendment to Lease
effective May 1, 2012.
"LESSEE" "CITY"
AMBULATORY CARE SOLUTIONS, LLC CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public, in and for said County and State, personally appeared
and , to me known to be the President and
Secretary, respectively, of Ambulatory Care Solutions, LLC, who acknowledged the execution
of the foregoing Amendment to Lease on behalf of the Lessee.
Witness my hand and seal this day of
MY COMMISSION EXPIRES:
NOTARY PUBLIC
2012.
Printed Name
A resident of St. Joseph County, IN
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public, in and for said County and State, personally appeared
and , to me known to be the
and of the South Bend Redevelopment Commission, who
acknowledged the execution of the foregoing Amendment to Lease on behalf of the City.
Witness my hand and seal this day of
MY COMMISSION EXPIRES:
NOTARY PUBLIC
Printed Name
A resident of St. Joseph County, IN
2012.