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HomeMy WebLinkAboutLicense - Massage Establishment New - AB Reflexology & Massage LLC1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 22, 2022 Ms. Xuehong Zhang AB Reflexology & Massage LLC 168 W. Catalpa Dr. Mishawaka, IN 46545 V3473991040(a,gmail.com RE: Approval — License Application for New Massage Establishment Dear Ms. Zhang: At its November 22, 2022 meeting, the Board of Public Works approved your request for the New Massage Establishment at 2614 S. Michigan St., South Bend, IN 46614. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER For all municipal business license questions, contact: City of South Bend -Department of Community investment 227 West Jefferson Blvd - Suite 1400 S -South Bend, Indiana 46601 - 574.235.591joF:574.235.9pa'a � in LICENSE APPLICATION FOR - MASSAGE ESTABLISHMENT MUNICIPAL CODE SECTION - 4-35 I. APPLICATION TYPE Check One: II. BUSINESS DATA A. Business Name: B. Business Address: �J City: i! New X Renewal 14, i C e C. Mailing Address (If different fro above): _ City: /[, y�s�L tlState: 'dtu Zip: D. Business Telephone Number: E. Business Fax Number: F. E-Mail Address: G. Zoning of Busin H. Have you ever had a Massage Establishment license, or similar license, suspended or revoked by any governing municipality within three (3) years prior to the date of this application: YES NO 1. If yes, what was the reason: 2. If yes, what was the business occupation following the suspension/revocation: I. Describe the nature and scope of the business: For Office Use Only Application Filed AUG 2 2 2022 Public Safety Approval Application Fee Paid AUG z 2 2022 License Fee Paid Sent to Dept. License Number Via' 01 Z pb1; C-e— �AUG 2 3' 2022 FeRe Not Approved _ CITY OF SOUTH BEND, IN DIANA BOARD OF PUBLIC WORKS Reason Elizabeth A. Maradik, President Gary A. Gilot, Member 7,z—r K 7 L. 11/1z'M Joseph R. Molnar, Vice President Jordan V. Gathers, Member �4 Attest: Theresa M. Heffner, Clerk Date: November 22, 2022 A I C) For all municipal business license questions, contact: City of South Bend • Department of Community Investment 227 West Jefferson Blvd • Suite 1400 S -South Bend, Indiana 46601 • 574.235.5912 • F: 574.235.9021 LICENSE APPLICATION FOR - MASSAGE ESTABLISHMENT MUNICIPAL CODE SECTION - 4-3S III. OWNERSHIP A. Type of ownership (check nne): Sole Proprietorship (If sole proprietorship, proceed to 1). Partnership (If partnership, proceed to 2). •r Corporation (If -,corporation, proceed to3). LLC Sole Proprietor Name: Residenti City: _State: /41 Zip: 2. Partnership (List at least two (2) partners) Name #1: Residential Address: City: Name #2: Residential Address: Zip: City: State: Zip: 3. Corporation In I Legal name of corporation: � e \rAc�I cy-ol2en �-� I �'S LLC_ Date and state of incorporation: & " 1'4 ` 92�, List officers and direc//tors lwho own 15% or more of stock: Name #1: XU _ o Z Title: OItJf L�- Business Address: ' 1 CXII r" City: t �C7U-V\_ ��)QTld State: Zip: "A'C' tq Residential Address: - P,- City:e_f � iS�noo ox 0 state: =1'� - Zip: (P Name #2: Title: Business Address: City:. Residential Address: City: State: Zip: Zip: For all municipal business license questions, contact: City of South Bend -Department of Community Investment 227 West Jefferson Blvd -Suite 1400 S -South Bend, Indiana 46601 - 574.235.5912 - F: 574.235.9021 LICENSE APPLICATION FOR - MASSAGE ESTABLISHMENT MUNICIPAL CODE SECTION - 4-35 III. OWNERSHIP (Continued) 3. Corporation (Continued) Name #3: Title: Business Address: City: Residential Address: City: IV. PERSONAL DATA State: A. Applicant's Legal Name: ' M tq B. Residential Address: City:_Al G 7 Stat : 2ip: _ C. Residential Telephone Number: D. Residential Fax Number: E. Cellphone Number: F. E-Mail Address: G. Position with business: H. Please list all criminal convictions (if any), excluding traffic violations: Nature of Conviction City State Zip: p: Date I (Attach additional sheets if necessary) I. Please list all addresses for three (3) years prior to application date: Street Address City State Dates (Attach additio J. Date of birt K. Gender: L. Social Se M. Race: 3 For all municipal business license questions, contact: City of South Bend -Department of Community Investment 227 West Jefferson Blvd - Suite 1400 S -South Bend, Indiana 46601 - 574.235-5912 - F: 574.235.9021 LICENSE APPLICATION FOR - MASSAGE ESTABLISHMENT MUNICIPAL CODE SECTION - 4-35 IV. PERSONAL DATA (Continued) N. Photographs: sport iths a 0 R i "Am ~� T i r r r :�iou5 �� IU�IiTfi�lic i me J Y� lorto Z5 � uace Ui Lill" il E; 8pyliCcn. Company Address City, State, ZIP Dates (Attach additional sheets if necessary) V. INCLUDE WITH APPLICATION: al pu o- LRia- ]e—, Three (3) passport photos taken within 6 months o application. VI. INCLUDE $5.00 PROCESSING FEE WITH APPLICATION VII. AFFIRMATION I, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify that I have in no way attempted to mislead the City in this application by omitting facts known to me. I agree to cooperate with any review conducted pursuant to the licensing procedures, including permission to enter and inspect the place of business and facilities in conjunction with such review. I have read and understand the regulations of the Massage Establishment and/or Therapist license found in the City of South Bend Municipal Code, Section 4-35. T�t Sigr U 4 'sA gZ�.>_2 Date Michelle Adams ZONING RECOMMENDATION From: Sent: To: Cc: Subject: Good Afternoon Michelle, Rachel Boyles Tuesday, August 23, 2022 12:35 PM Michelle Adams Jeffrey Murawski RE: Zoning Verification for Massage Establishment The property located at 2614 S Michigan St. is zoned NC Neighborhood Center, a massage establishment falls under the Personal Care and Services use and is allowed by right in this district. Thank you, RackeCBoyCes Zoning Specialist Department of Community Investment 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 (574)235-7625 www. so uth be n d i n.govLzon i ng We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment From: Michelle Adams <madams@southbend in.gov> Sent: Tuesday, August 23, 2022 11:12 AM To: Rachel Boyles <rboyles@southbendin.gov> Cc: Jeffrey Murawski <JMURAWSKI@sjcindiana.com> Subject: Zoning Verification for Massage Establishment Hi Rachel, RE: 2614 S. Michigan St. / AB Reflexology & Massage / Zoned Neighborhood Center Will you please verify a massage establishment is an allowable use and that there are no zoning violations that would prevent the license from being issued. Thank You, ,1-r-a QFr MicheCCe ..Adams r City of South Bend Business License Administrator Department of Community Investment 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 (574)235-5912 1 State of Indiana Office of the Secretary of State Certificate of organization of AB REFLEXOLOGY & MASSAGE, LLC f-ii�l_L1 SULL;V;�t�l, S�_-crei iry of State. hereby certify that Articles of Orpm)ization of the above Dlornesric Lirmtilerf t .-tv �:�3�,.?c;rny h,rve peen presenteci to me at my Office, accompanied by the fees prescribed by law and r.hat- the docun-senlation presented conform; to laev as prescribed by the provision, or indiana CL.dI NOW, THEREFORE, with thsl docufnent I certify that said transaction will become effective Sunday, August 1 1, 7._0?7. Ir STATik i.z 181 In Witness Whereof, I have r.aused to be affixed my signature anti the seal of the State of Indiana, at the City of indianapolis, August 15, 2022- HOLLI SULLIVAN SECR; rARY OF STATE 1 202.20b7,161n906 / 9523567 ,o ensure: the certificate`s validity, go totlttps:;/bsd.sos.111.gov/?ublicBusinessSear,h APPRO' ED AND FILED 1101-11 SULLIVAN INDIANA SF,C'RETARY OF STATF 08.1 �1:2)02' I1:0t AEI AR'nG1,ES OF ORGAN14A'I ION I-OVIT1Cil pur uunt it) tho proclginrt, ofthe Iruliana ('10c. ARTICLE I -NAME AND PRINC PAL OF MlrAbukns,. (ICSINESS ID 'tl'?flfi l 1l t31 I�}Ith BUSINESS TYPE Chnucmic Limited Liability CompanN RUSINESS N,001' \R RFH EXC)LO(iY & N-LASSAGV_ I I C PIRINCIf AL (IFFIt L ADDRKSS _014 SMiICHIOAN S . Soulh Bend, IN. 4661=4. USA ARTICLE H1 REGISTERED I7FF CF, AND ADDRF-SS . r. izEGISrI� RF.D ACE:N-E• rYPI: htdi�iau,tl NAMP! NUI•:IIONG /.IIANG ADDRESS 109 W. CAT,AL PA DR., Mishawaka, I.N. 46�,4.5, USA SI{RN'I('E OF PR€}CTSS E''4IAII, HO`4i(-427l,.0 GNIAIL-COMi I acknm� ledge that tiu: Scan iCc of I'rnecsi entail prc ided above is the moil address.0 which cicctronic savice of process ma; he accepted. ARTICLE II! - PERIOD OF DURA'I ON AND EFFECTIVE IIIITR PERIOD OF DURATION Pe)petual I-:FFFC'URT DATE O)i 14'"t122 L:FFE.X I'IXT TUME U0:5311\4 AR`FH'LF. I► GOVEItNIN(; PER' QN INFORM 'ffO ti I'I"6'L[: 1lcnthrr NAME: XULIIONG 7.(IANCi ADDRF,SS ihi \I. C I AI PA I)R.. \Pishnu'aka. IN', 46545, 1!SA f M XVA G E41 E NT 7 ir.0R- IATIO,N 1IIF. LI,C «'11.1. RV 1IANA(•,'F1) BN MAN_AGF.R(S) \o IS THP, LLCA SINGLE. N1011WR LLC •.' 1:, Indiana Professional Licensing Agency State Board of Massage Therapy { 402 W. Washington Street, W072 Indianapolis, IN 46204 ty •. .r{,R � 181E Massage Therapist License Number j Expire Date MT21405341 I 05/15/2025 Eric J. Holcomb Governor State of Indiana Xue Hong Zhang Deborah J. Frye Executive Director Indiana Professional Licensing Agency p r.,Indiana Professional Licensing Agency 402 W. Washington Street, W072 '�rlr Indianapolis, IN 46204 Massage Therapist License Number Expire Date MT21405341 I 05/15/2025 Xue Hong Zhang SignalU ,1-V1T (Beaut Schoot Certificate of Vormpletion Y,�, Sea y Sono( Massage qherapy This certificate is an entitlement to the graduate as a documentation and credential for the attestation of course completion as 600 hours as a Massage Therapy Furthermore; this certificate recognizes and acknowledges that the recipient of this diploma has achieved their goal of becoming a graduate from v o The Vap Beauty School R:. - 1 xue Hong Zhang August 0712014 L Graduate Date 1� Director C,77F,�3--i ST. JOSEPH COUNTY DEPARTMENT CIF HEALTH G,—L it —.. Prn1.e1. Permit Ear: Issued To: Expires., SR/Permit No: _ - • =��=.r'.�:;;_i��"�i1xr."fit a�t"r�;-:-=.r:^-�=��tir-�c si, Joseph i•r Corr€_ - Department of Health'' � p i "Promoting physical and ma -,al health and facil.•rating the pre"entiari of disease, rnjur), and di�Gility for all St. Joseph County resldeots " Performing Massage Therapy XUEHONu Z-iiANG 2/28/2023 2200644 The person; identified above is authorized IL-0 perform Maksa e�.Therapy in accordance with St. Joseph -County Code 113. Massage Therapy may only ize performed at a facility'With a Massage Establishment Permit. This permit must be posted in view of the pubs?c Robert E€«terz, M.D. St. Joseph Cdunty Health Offficer XUEHONG ZHANG WAS GRANTED A MASSAGE THERAPIST LICENSE IN MARCH 2O22 Michelle Adams From: James Burns Sent: Friday, March 4, 2022 2:11 PM To: Michelle Adams Subject: RE: Business License Apps. 3/1/22 Michelle, SBPD has no objections to the approval of the below applications as they have been submitted. Respectfully, PFC James P. Burns 2075 SBPD Strategic Intel Office Nuisance Abatement Officer Chaplain SBPD Chaplain FOP #36 701 W. Sample Street South Bend, IN 46601 (574) 235-9401 From: Michelle Adams <madams@southbendin.gov> Sent: Wednesday, March 2, 2022 3:21 PM To: James Burns <jburns@southbendin.gov> Subject: Business License Apps. 3/1/22 Hi James, Attached are 14 renewal applications for your review and recommendation. ALARM AGENT 1. Universal Atlantic Systems MASSAGE ESTABLISHMENTS 2. Sun Flower Massage Spa 3. Chinese Massage Spa MASSAGE THERAPIST 4. Sandra Dlugosz 5. Pamela Lamanna 6. Sara Frazier 7. Xuehong Zhang 8. Dena Woods 9. XinChen 10. Fengling Zhou 11. Guiyun Long TATTOO ESTABLISHMENT 12. Rust Belt Studio 1 Copy of i Business/Occupational License City of South Bend, Indiana License No: MST2022-004 License Expires: February 28, 2023 Business Name: Business Address: Having paid the above licen licensed to operate the busi Bend. This license is non -transferable This license must be i2rominently displayed at the business so licensed. VrAls. lvu. the Ci 1 ,.q*'-1}'; AS!AG'J Date Issued: March 14, 2022 r' S� V. License Fee: $80.00 JLTjPA545 ` above business is hereby within the City of South Controller, City of South Bend Issued By: Business/Occupational License City of South Bend, Indiana License No: MST2022-004 Date Issued: March 14, 2022 License Expires: February 28, 2023 �7 i License Fee: $80.00 Business Name: Business Address: - J Having paid the above licenser; tfie.,C ty� ftdi t above business is hereby licensed to operate the busin �d1� �- '� 3'If ,• 'C _ S a j within the City of South Bend. This license is non -transferable 86 Controller, City of South Bend This license must be prominentl displayed at the business so licensed,_ Issued By: C�'J INDIANA COMMERCIAL LEASE AGREEMENT I. THE PARTIES. This Indiana Commercial Lease Agreement ("Agreement") made on u �± j h , 20aP . by and between: Lessor: G rv%qR [name of lessor], with a mailing address of 2 6 T -� Se, 11� �ibialy ("Lessor"), and Lessee: u -3 [name of lessee], with a mailing address of 016l y . i S [ 6 t ("Lessee"), and collectively shall be known as the "Parties", agree as follows: II. DESCRIPTION OF LEASED PREMISES. The Lessor agrees to lease to the Lessee the following described space: Street Address: I ;6A, Square Feet: SF Type of Space: (retail, office, industrial, etc.) Other Description: Qou- - ®,nod f-O%rn,. 1 Hereinafter known as the "Premises." III. USE OF LEASED PREMISES. The Lessee agrees to use the Premises for: (check one) / ' All purposes legal under law. ❑ - Only the following purposes: Any change in the above -mentioned purposes of the Premises shall only be permitted upon the Lessor's prior written consent. IV. TERM OF LEASE. The term of this Agreement shall be for a period of -3 year(s) fD month(s) commencing once 2022 , and expiring at midnight on . 20Z5- (''Initia) Term"). V. SECURITY DEPOSIT. As part of this Agreement: (check one) ❑ - There shall be no deposit required for the successful performance of this Agreement ("Security Deposit"). Y. There shall be a deposit in the amount of S C >b shall be due and payable in advance of the Term or at the signing of this Agreement ("Security Deposit"). The Security Deposit shall be held in escrow by the Lessor in a separate bank account as security for the successful performance of the terms and conditions of this Agreement. The Security Deposit may not be used to pay the last month's Rent unless written permission is granted by the Lessor. bPage 1 of 10 VI. RENT. The net monthly payment shall be NJ\j�Aollars ($ Yjr3rJ ` ) payable monthly with the first payment due upon the commencement of this Agreement and each monthly installment payable thereafter on the day of each month after the Initial Term ("Base Rent"). The Base Rent shall also be applied to any pro-rata period when the Lessee occupies the Premises for less than a one (1) month period. a.) Percentac e Rent. In addition to the Base Rent, Lessee shall be: (check one) �6 - Not required to make payments related to Lessee's sales or revenue ("Percentage Rent"). ❑ - Required to pay percent ( %) of (gross sales, net sales, etc.). Such payment shall be made ❑ Monthly ❑ Quarterly ❑ Annually along with a receipt to show proof of percentage calculation ("Percentage Rent"). The Base Rent and the Percentage Rent shall be referred collectively to as the "Rent." VII. LATE FEE. If Rent has been not paid within days after the due date, the Lessee shall accrue a payment penalty of one of the following: (check one) ❑ - Interest at a rate of percent ( %) per annum on a daily basis until the amount is paid in full ("Late Fee"). Late fee of h or a, dollars per day until the amount is paid in full ("Late Fee") In this regard, all delinquent rental payments made shall be first applied to the Late Fee and all remaining amounts toward the outstanding rental payments. VIII. EXPENSES. [Check and Initial next to selection) El - GROSS. Tenent's Initials Landlord's Initials It is the intention of the Parties that this Agreement is considered a "Gross Lease," and as such, the Rent is the entirety of the payments to the Lessor. Therefore, the Lessee is not obligated to pay any additional expenses, which include utilities, real estate taxes, insurance (other than on the Lessee's personal property); charges, or expenses of any nature whatsoever in connection with the ownership and operation of the Premises; The Lessor shall be obligated to maintain the general exterior structure of the Premises, in addition, shall maintain all major systems such as the heating, plumbing, and electrical. The parking area shall be maintained by the Lessor, including the removal of any snow or environmental hazards as well as the grounds and lands surrounding the Premises. The Lessor shall maintain at their expense casualty insurance bPage 2 of 10 for the Premises against loss by fire which may or may not include any extended coverage. The Lessee will provide and maintain personal liability and property damage insurance as a lessee, at least to the limits of One Million Dollars ($1,000,000.00), that will designate the Lessor as an "also named insured" and shall provide the Lessor with a copy of such insurance certification or policy prior to the effective date of this Agreement. i ,-7 - MODIFIED GRASS. Tenant's Initials112 Landlord's Initials It is the intention of the Parties that this Agreement shall be considered a "Modified Gross Lease." In addition to the Rent, th sees ll bejesponsible for the 'allowing monthly expenses. r cM c c N,+curl _ jar Ci, Aq CO Lessor shall be responsible for the following monthly expenses: ❑ -TRIPLE NET (NNN). Tenant's Initials Landlord's Initials It is the intention of the Parties that this Agreement shall be considered a "Triple Net Lease." a.) 0j)&atjnq Expenses. The Lessor shall have no obligation to provide any services, perform any acts, or pay expenses, charges, obligations, or costs of any kind whatsoever with respect to the Premises. The Lessee hereby agrees to pay one hundred percent (100%) of all Operating Expenses as hereafter defined for the Term of this Agreement and any extensions thereof in accordance with specific provisions hereinafter set forth. The term "Operating Expenses" shall include all costs to the Lessor of operating and maintaining the Premises and shall include, without limitation, real estate and personal property taxes and assessments, management fee(s), heating, air conditioning, HVAC, electricity, water, waste disposal, sewage, operating materials and supplies, service agreements and charges, lawn care, snow removal, restriping, repairs, repaving, cleaning and custodial, security, insurance, the cost of contesting the validity or applicability of any governmental acts which may affect operating expenses, and all other direct operating costs of operating and maintaining the Premises and related parking' areas, unless expressly excluded from operating expenses. b.) Taxes. Lessee shall pay, during the Term of this Agreement, the real estate taxes, including any special taxes or assessments (collectively, the "taxes") attributable to the Premises and accruing during the Term. Lessee, at Lessor's option, shall pay to Lessor said taxes on a monthly basis, based on one -twelfth (1112) of the bPage 3 of 10 estimated annual amount for taxes. Taxes for any fractional calendar year during the Term hereof shall be prorated_ In the event the Lessee does not make any tax payment required hereunder, Lessee shall be in default of this Agreement. c.) Insurance. Lessee shall maintain, at all times during the Initial Term of this Agreement, comprehensive general liability insurance in an insurance company licensed to do business in the State in which the Premises are located and that is satisfactory to Lessor, properly protecting and indemnifying Lessor with single limit coverage of not less than: (check all that apply) for injury or death. for property damage. for casualty insurance. During the Term of this Agreement, Lessee shall furnish the Lessor with certificate(s) of insurance, in a form acceptable to Lessor, covering such insurance so maintained by Lessee and naming Lessor and Lessor's mortg-igees, if any, as additional insured. IX. OPTION TO RENEW. (check one) - Lessee may not renew this Agreement ("Renewal Periods") E] - Lessee may have the option to renew this Agreement with a total of renewal period(s) with each term being year(s) month(s) which may be exercised by diving written notice to Lessor no less than 60 days prior to the expiration of this Agreement or renewal period thereafter ("Renewal Periods"). Rent for each Renewal Period shall: (check one) Ej - Not increase. Increase as calculated by multiplying the Rent by the annual change in the Consumer Price Index (CPI) published by the Bureau of Labor Statistics by the most recent publication to the option period start date. Ll - Increase by % � - Increase by ► dollars ($ — - ) The Initial Term and the Renewal Periods shall be collectively referred to as the "Term." X. LEASEHOLD IMPROVEMENTS. The Lessee agrees that no leasehold improvements, alterations, or changes of any nature (except for those listed on any attached addenda) shall be made to the leasehold premises or the exterior of the building without first obtaining the consent of the Lessor in writing, which consent shall bPage 4 of 10 not be unreasonably withheld, and thereafter, any and all leasehold improvements made to the Premises which become affixed or attached to the leasehold Premises shall remain the property of the Lessor at the expiration or termination of this Agreement. Furthermore, any leasehold improvements shall be made only in accordance with applicable federal, state, or local codes, ordinances, or regulations, having due regard for the type of construction of the building housing the subject leasehold Premises. If the Lessee makes any improvements to the Premises the f Lessee shall be responsible payment, except the following, Nothing in this Agreement shall, be construed to authorize the Lessee or any other person acting for the Lessee to encumber the rents of the Premises or the interest of the Lessee in the Premises or any person under and through whom the Lessee has acquired its interest in the Premises with a mechanic's lien or any other type of encumbrance. Under no circumstance shall the Lessee be construed to be the agent, employee, or representative of Lessor. In the event a lien is placed against the Premises, through actions of the Lessee, Lessee will promptly pay the same or bond against the same and take steps immediately to have such lien removed. If the Lessee fails to have the lien removed, the Lessor shall take steps to remove the lien, and the Lessee shall pay Lessor for all expenses related to the lien and removal thereof and shall be in default of this Agreement. XI. DEFAULT AND POSSESSION. In the event that the Lessee shall fail to pay said Rent, and expenses as set forth herein, or any part thereof, when the same is due and payable, or shall otherwise be in default of any other terms of said Agreement for a period of more than 15 days, after receiving notice of said default, then the parties hereto expressly agree and covenant that the Lessor may declare this Agreement terminated and may immediately re-enter said Premises and take possession of the same together with any of Lessee's personal property, equipment or fixtures left on the Premises which items may be held by the Lessor as security for the Lessee's eventual payment and/or satisfaction of rental defaults or other defaults of Lessee under this Agreement. It is further agreed that if the Lessee is in default, that the Lessor shall be entitled to take any and all action to protect its interest in the personal property and equipment, to prevent the unauthorized removal of said property or equipment which threatened action would be deemed to constitute irreparable harm and injury to the Lessor in violation of its "security interest in said items of personal property. Furthermore, in the event of default, the Lessor may expressly undertake all reasonable preparations and efforts to release the Premises including, but not limited to, the removal of all inventory, equipment or leasehold improvements of the Lessee's, at the Lessee's expense, without the need to first procure an order of any court to do so, although obligated in the interim to undertake reasonable steps and procedures to safeguard the value of Lessee's property, including the storage of the same, under reasonable terms and conditions at Lessee's expense, and, in addition, it is understood that the Lessor may sue the Lessee for any damages or past Rents due and owing and may undertake all and additional legal remedies then available. tPage 5 of 10 In the event any legal action must be instituted to enforce any terms or provisions under this Agreement, then the prevailing party in said action shall be entitled to recover a reasonable attorney's fee in addition to all costs of said action. XII. LICENSES AND PERMITS. A copy of all local, state, or federal permits acquired by the Lessee which are required for the use of the Premises shall always be kept on -site and shall be readily accessible andiproduced to the Lessor and/or their agents or any local, state, or federal officials upon demand. XIII. OBLIGATIONS OF LESSEE. The Lessee shall be primarily responsible whenever needed for the maintenance and general pickup of the entranceway leading into the Premises so that this is kept in a neat, safe, and presentable condition. The Lessee shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Lessees, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Lessee shall properly maintain the Premises in a go -cc. safe, and clean condition. The Lessee shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to ail local. state, or federal laws, rules, regulations, or ordinances. In the event tn:e s r�cture of the Premises is damaged as a result of any neglect or negligence of Lessee. their employees, agents, business invitees, or any independent contracters serving the Lessee or in any way as a result of Lessee's use and occupancy of the Premises, then the Lessee shall be primarily responsible for seeing that the Pr op o�a!ms are claced with the Lessee's insurance company, or the damaging party's insurance company. and shall furthermore be responsible for seeing that the building is sa-ecuarcec v/ith respect to said damage and that all proper notices with respect to said carnage. are made in a timely fashion, including notice to the Lessor, and the party or caries causing said damage. Any damage that is not covered by an insurance cor--anv will be the liability of the Lessee. The :Lessee shall, during the Term of this Agreement, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable wear and use excepted. This obligation would include the obligation tb replace any plate glass damaged as a result of the neglect or acts of Lessee or her guests or invitees. Furthermore, the Lessee shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Lessee shall also be responsible for the cost, if any, which would be incurred'to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authority. XIV. INSURANCE_ In the event the Lessee shall fail to obtain the insurance required hereunder and fails to maintain the same in force continuously during the Term, Lessor may, but shall not be required to, obtain the same and charge the Lessee for same as additional Rent. Furthermore, Lessee agrees not to keep upon the Premises any bPage 6 of 10 articles or goods which may be prohibited by the standard form of fire insurance policy, and in the event. the insurance rates applicable to fire and extended coverage covering the Premises shall be increased by reason of any use of the Premises made by Lessee, then Lessee shall pay to Lessor, upon demand, such increase in insurance premium as shall be caused by said use or Lessee's proportionate share of any such increase. XV. SUBLET/ASSIGNMENT. The Lessee may not transfer or assign this Agreement or any right or interest hereunder or sublet said leased Premises or any part thereof without first obtaining the, prior written consent and approval of the Lessor. XVI. DAMAGE TO LEASED PREMISES. In the event the building housing the Premises shall be destroyed or damaged as a result of any fire or other casualty which is not the result of the intentional acts or neglect of Lessee and which precludes or adversely affects the Lessee's occupancy of the Premises, then in every such cause, the Rent herein set forth shall be abated or adjusted according to the extent to which the leased Premises have been rendered unfit for use and occupation by the Lessee and until the demised Premises have been put in a condition at the expense of the Lessor, at least to the extent of the value and as nearly as possible to the condition of the Premises existing immediately prior to such damage. It is understood, however, in the event of total or substantial destruction to the Premises that in no event shall the Lessor's obligation to restore, replace or rebuild exceed an amount equal to the sum of the insurance proceeds available for reconstruction with respect to said damage. XVII. INDEMNIFICATION. The Lessee hereby covenants and agrees to indemnify, defend, and hold the Lessor harmless from any and all claims or liabilities which may arise from any cause whatsoever as a result of Lessee's use and occupancy of the Premises, and further shall indemnify the Lessor for any losses which the Lessor may suffer in connection with the Lessee's use and occupancy or care, custody, and control of the Premises. The Lessee also hereby covenants and agrees to indemnify and hold harmless the Lessor from any and all claims or liabilities which may arise from any Latent defects in the subject Premises that the Lessor is not aware of at the signing of _'e lease or at any time during the.Term. XVIII. BANKRUPTCY - INSOLVENCY. The Lessee agrees that in the event all or a substantial portion of the Lessee's assets are placed in the hands of a receiver or a Trustee. and such status continues for a period of 30 days, or should the Lessee make an assignment for the benefit of creditors or be adjudicated bankrupt; or should the Lessee institute any proceedings under the bankruptcy act or any amendment thereto, then such Agreement or interest in and to the leased Premises shall not become an asset in any such proceedings and, in such event, and in addition to any and all other remedies of the Lessor hereunder or by law provided, it shall be lawful for the Lessor to declare the Term hereof ended and to re-enter the leased land and take possession thereof and all improvements thereon and to remove all persons therefrom, and the Lessee shall have no Further claim thereon. XIX. SUBORDINATION AND ATTORNMENT. Upon request of the Lessor, Lessee will subordinate its rights hereunder to the lien of any mortgage now or hereafter in force against the property or any portion thereof, and to all advances made or hereafter to be 6 Page 7 of 10 06 Jo g 96ed 1 ;o uolssassod 9� e; IIIM pue bulseal sl pue saslwaad ay; pa;oodsul sey aassa-I ;ey; s;uasaadaa eassa-1 ay; 'aaowjegljnA -ulaaay;;oa;ap ;ua;ed ao ;ua;el Aue aol elgell aq;ou Iieys aossa-; ay; pue 'asn aelnoped Aue ao; A;lllgellene ao ssau;y s;l ao saslwaad ay;;o uol;lpuoo ay; o;;oadsaa y;IM A;ueaaeM ao uope;uesaidai ou sa�ew aossa� au; 'aaowaay;anj -;uawaaabb sly;.;o s;uawaalnbaa ay; y;lM s;oadsai Ile ul Aldwoo pue uol;lpuoo poob ul aae saslwaad ay;;ey; ;uaweaa6d sly; uo aan;eubls s;l y;lM sabpalMou�oe pue saslwaad ay;;oadsul o; l;lun;joddo ay; pey sey aassa� ayl -aassa1 q uol;oa sul/seSpoid 10 un1;rpu03 (-p deoipuey ao %(jlllgeslp e o; anp Allebal papaeu asoy} aae sasiwa.id ay; uo paMolle aq llegs;ey; s;ad lluo ay; `;uowoa_OV sly; ul pa;e;S aslM..iay;o ssalufl s;ad (-o 'lenowaa yons woa; bul;Insaa ao pasneo sabewep Ile aledaa o; pue subls Ile anowaa o; saaabe aassaj 'saslwaad ay; bul;eoen uodn •6ulpllnq ay; o;;oadsaa y;lM aonpoa;ul Aew aossa­i ay;;ey; Aollod _io ueld ubls algeuoseaa `wjo;lun Aue o; wao;uoo lleys aessa-I 'aaowaay;and aleda.i pue uol;Ipuoo pooh ul aossa� Aq panoidde;sal; se as;;ew bulsi;Aanpe ao ubis eons ule;ulew o; saaa6e aossa� `aa;}eaaayl -Allledlolunw leool ay; ;o lenoidde ay; pue ;uasuoo ua;;uM aoud s,aossa-1 ;noy;lM _ia;;ew 6ulsi;aanpe _10 u6ls Aue saslwaad ay; ;o MopulM ao `IleM 'poop aoua;xa Aue uo aoeld ;ou Ileys aassa� s S (-q -6uipllnq ay;;o s;ueua; aay;o Aq saslwaad ay;;o;uowAofue;alnb pue algeeoeod ay; u;lM aouaaa;ja;ul anpun asneo lllM;ey;;uawdlnbe Aue asn ao Ile;sul;ou Ileys aassa-i 'aaowaay;jn_� 'saslwaad ay; uo paule;ai ao o;uo ue� e; aq slepa;ew snop_iezeu ea;xa ao sanisoldxa Ileys;uana ou ul -bulpllnq ay; o; algeolldde saplod eoueansui Aue y;lnn pllluoo ul aq jo a;epllenul IIIM yolyM AeM %(ue ui pasn aq o; saslwaad ay; Molle aassa-1 ay; lllM aou 'paansul si saslwaad ay; yolyM y;lM %Cuedwoo eoueansui Aue jo A;uoq;ne Aue Aq pesodwl aq Aew ;ey; s;uewaalnbai pue suol;eln6aa ao salni 'MeI AUe;o uol;eioln ul ao o; %(aea;uoo sl golyM;oe %Cue;lwaad ao ssouisnq Aue saslwaad ay; uodn pa;onpuoo aq o;;lwaad ao;onpuoo ;ou lleys aassa-1 -Aouedn000 pue asn o;;oadsaa y;lM %(;laoy;ne le;uawuaanob %(ue ;o sMel pue `suol;eln6aa `salna Ile yj!M AIdwoo lleys aassa- q a esn (-e SWA131 sn03NV-1DOSIW 'XX ';uawaaabd sly; aapun joss97 se aaseuo�n^ yons azlu600aa pue aasegoand ay; o; uao;;e 'saslwaad ay; bulaanoo aoss9-1 fq apeLLj abeb;.iow Aue aapun ales jo aaMod ay; ;o asloaaxa;o;uana ay; ul ao ;;o ajnseloalo; ay; ao;;ybnoaq sbulpaaooad AU2 10;uana au; ul ao `;red e ouao; saslwaad ay; yoly;,� ;0 6ulpllnq ay; ul;saaa;ul saossag;o;uawublsse ao ales ay;;o;uana ay; ul `Ileus aassa-i ,caaaq; painoos uoi;e6llgo ao obeb;iow pies aapun sbulpaaooad ;Inelop eons Aue 6u pue;sy;Inaou ;oa;;a pue aoaoj Ilnj ul ulewaa lleys;uawaaa6d sly;;ey; saaa6e aassa-j ;o swag; ay; aapun ;lne}ap ul aq;ou lleys aassa-i ay; se buol os `;uawaGj5e ;o uaaay� pa�noas uol;e6llgo a6e5;jow pies ay; aapun sbulpaaooad ;lne;ap ,auto Jo 'alnsoloaao; Aq pa;oa�}e ACM lue ui ao pa;sanlp aq;ou lleys;uu awaa�6V;' s,; ;Ey aa1L+P 1;e:�s luawaaaby yons aapun aossaq ay; ao abebjaow yons;o Japloq ay; aseo eons uI teat 'JanaMoy 'papinoid Aliodoid ay;;.o aseal bul%tlaapun ao punoj6 Aue o; pue .10ajau; %isunoas ay; uodn apew the Premises with all current fixtures present in their "as is" condition as of the date hereof. e.) Right of Entry. It is agreed and understood that the Lessor and its agents shall have the complete and unencumbered right of entry to the Premises at ally time or times for purposes of inspecting or showing the Premises and for the purpose of making any necessary repairs to the building or equipment as may be required of the Lessor under the terms of this Agreement ❑r as may be deemed necessary with respect to the inspection, maintenance or repair of the building, XXI. ESTOPPEL CERTIFICATE. Lessee at any time and from time to time, upon at least ten (10) days prior notice by Lessor, shall execute, acknowledge and deliver to Lessor, and/or to any other person. firm, or corporation specified by Lessor, a statement certifying that this Agreement is Amodified and in full force and effect, or if this Agreement has been modified, then that the same is in full force and effect except as modified and stating the modifications, stating the dates to which the Rent have been paid, and stating whether or not there exists any default by Lessor under this Agreement and, if so, specifying each such default. XXII. HOLDOVER. Should Lessee remain in possession of the Premises after the cancellation, expiration, or sooner termination of this Agreement, or any renewal thereof, without the execution of a new agreement or addendum, such holding over in the absence of a written agreement to the contrary shall be deemed, if Lessor so elects, to have created and be construed to be a tenancy from month to month, terminable upon thirty (30) days' notice by either party. XXIII. WAIVER. Waiver by Lessor of a default under this Agreement shall not constitute a waiver of a subsequent default of any nature. XXIV. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Indiana. XXV. NOTICES. Payments and notices shall be addressed to the following: Lessor: Lessee: XXVI. AMENDMENT. No amendment of this Agreement shall be effective unless reduced to writing and subscribed by the parties with all the formality of the original. XXVII. BINDING EFFECT. This Agreement and any amendments thereto shall be binding upon the Lr)ssor and the Lessees and/or their respective successors, heirs, assigns, executors, and administrators. XXVIII. ADDITIONAL TERMS 8, CONDITIONS. EiPage 9 of 10 IN WITNESS WHEREOF, the Parties have indicated their acceptance of the terms and conditions of this Agreement by their signatures below on the dates indicated. DATE: LESSEE'S SIGNATURE: f� y� `.�'- ` __ -•�. �z� ;.. zz PRINT NAME: /�r f ! r ! LESSOR'S SIGNATURE: _' _ _.- DATE: PRINT NAME: _ LESSOR'S ACKNOWLEDGMENT OF NOTARY PUBLIC STATE OF : r S aA.e . County; ss. On this 1S day of QX A4 20ZL--Zbefore me appeared C&jgg M.1 , as LESSOR of this Commercial Lease Agreement who proved to me through government issued photo idenjfcation to be the above -named person,, .in my presence executed foregoing instrument and acknowledged that they e c. ct and dKL St. Joseph County _ --- ;' My Commission Expires NIntzrri Public t�E '4f1 March 19,2026 ��-- My commission expires:-1 q— LESSEE'S ACKNOWLEDGMENT OF NOTARY PUBLIC STATE OFLL 5A _ County, ss. On this a day of , 20 7�i'before me appeared ► Q6 , as LE&9EE of this Commercial Lease Agreement who proved merth . ugh government issued photo identification to be the above -named person, in my presence executed foregoing instrument and acknowledged that they executed the same as their free act and dE)6d f i iavrL ,,y CRYSTAL'M-EVIN0 i..-...C- .. St Jnsaphcounty Notary Public My Commission Expires My commission expires: �,p, March 19, 2026 E� tPage 10 of 10 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 8, 2022 Ms. Xuehong Zhang AB Reflexology & Massage LLC 168 W. Catalpa Dr. Mishawaka, IN 46545 V3473991040&gmail. com RE: Public Hearing — License Application for Massage Establishment Dear Ms. Zhang: The Board of Public Works is in receipt of your license application for a massage establishment at 2614 S. Michigan St., South Bend, IN 46614. Pursuant to the City of South Bend license ordinance requirements, a Public Hearing on the application must be conducted by the Board of Public Works. The Board of Public Works has set the Public Hearing for 9:30 a.m., November 22, 2022 in the Board of Public Works Conference Room, 227 W. Jefferson Blvd., Suite 1308, South Bend, Indiana. You can also attend the meeting virtually at hgps://tinyurl.com/2022BPWHybrid. You, or your designee, must be present to answer questions with regard to the proposed business activity. If you have any further questions, please call this office at (574) 235-9251. Sincerely, Is/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER NOTICE OF PUBLIC HEARING ON APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE Notice is hereby given to all interested individuals that the Board of Public Works of the City of South Bend, Indiana, will conduct a Public Hearing at 9:30 a.m., November 22, 2022 in the Board of Public Works Conference Room, 227 W Jefferson Blvd., Suite 1308, South Bend, Indiana, on the application for a new license application for a massage establishment, AB Reflexology & Massage LLC at 2614 S. Michigan St., South Bend, IN 46614. You can also attend the meeting virtually at https://tinvurl.com/2022BPWHybrid. Interested persons may be heard on this matter at the Public Hearing or may file with the Board of Public Works a memorandum in support of or in opposition to the issuance of such license. BOARD OF PUBLIC WORKS Theresa M. Heffner, Clerk Publish one (1) time: November 11, 2022 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: 08/24/2022 TO: Brad Rohrscheib, Police Department — see attached St. Joseph County Health Department - see attached Gerald Ellis, Fire Department Angela Smith, Zoning Department FROM: Theresa Heffner, Clerk SUBJECT: NEW - MASSAGE ESTABLISHMENT LICENSE RECOMMENDATION BUSINESS NAME: AB REFLEXOLOGY AND MASSAGE LLC. ADDRESS: 2614 S. MICHIGAN STREET DATE DUE: OCTOBER 4, 2022 PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING CRITERIA FROM MUNICIPAL CODE SEC. 4-35: 1. The applicant and his/her partners have not been convicted of any crime involving unlawful deviate conduct, deviate sexual conduct, or unlawful sexual conduct within three (3) years prior to the date of application. (Verified by PD). 2. The applicant is a minimum of 18 years of age. (Verified by PD) 3. The applicant has passed an inspection from the St. Joseph County Health Department. 4. The massage establishment as proposed by the applicant would comply with all applicable laws, including but not limited to the City's building, zoning, health, fire and safety regulations. (Fire and Zoning, please verify) 5. A recognizable and legible sign shall be posted at the main entrance identifying the establishment as a massage establishment. (PW — please verify) POLICE: Favorable recommendation FIRE: Favorable COMMUNITY INVESTMENT: No objections at this time. The use is permitted within the NC Neighborhood Center District.