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HomeMy WebLinkAboutEstoppel Certificate - The Resource Center – Catalyst Two, LLCESTOPPEL CERTIFICATE This Estoppel Certificate is made as of the date executed below (the “Effective Date”), with respect to that certain lease originally entered into on January 1, 2019, and thereafter amended by an Amendment to Lease Agreement dated August 22, 2023, (together, the “Lease”) executed by and between CATALYST TWO LLC, an Indiana limited liability company (“Landlord”), as landlord, the City of South Bend, Indiana, by and through its Board of Public Works, for the benefit of its Department of Innovation and Technology, an Indiana municipal corporation (“Tenant”), as tenant, and affecting certain real property located at 1165 Franklin, South Bend, Indiana 46601 and identified as Suites 100 and 180, on the attached building plan attached hereto as Exhibit A (the “Premises”) and located in the building commonly known as Catalyst Two at Ignition Park (the “Building”). Tenant makes this statement for the benefit and protection of Chelo-Seba, LLC (“Buyer”) and any lender that may finance Buyer’s purchase of the Premises from Landlord with the understanding that Buyer and such lender intend to rely upon this statement in connection with such purchase and financing of the Premises. Tenant hereby confirms and agrees, certifies and represents to Buyer that: 1. Tenant has agreed to lease the Premises pursuant to the terms of the Lease. The Lease sets forth the entire agreement between Landlord and Tenant, is in full force and effect in accordance with its terms. There are no other written or oral agreements between Tenant and Landlord, and the Lease has not been amended, modified, extended, supplemented or assigned except as referenced herein. Tenant neither expects nor has been promised any inducement, concession or consideration for entering into the Lease, except as stated herein, and there are no side agreements or understandings between Landlord and Tenant relating to the Premises. 2. As of the Effective Date, the Premises contain approximately 12,500 deemed square feet of leased space. Notwithstanding the forgoing, Landlord caused a remeasure of the Building, which is attached hereto as Exhibit A, and the actual rentable square feet for the Premises is 11,168 square feet. 3. The primary term of the Lease commenced on January 1, 2019, and continues to June 30, 2026. 4. Tenant has paid to Landlord a security deposit of $0.00. No other payments by Tenant under the Lease have been made for more than one (1) month in advance, and minimum rents and other charges under the Lease are current. 5. As of the Effective Date, annual rent is $250,000.00 per year. 6. Tenant’s Lease is a gross lease and Tenant is not required to pay a share of property expenses, real property taxes, and insurance cost for the building. 7. Tenant knows of no default by either Landlord or Tenant under the Lease, and knows of no situations which, with notice or the passage of time, or both, would constitute a default. 2 IN WITNESS WHEREOF, Tenant has caused this Estoppel Certificate to be executed as of the date set forth below. Dated: August 13, 2024, TENANT: City of South Bend, Indiana by and through its Board of Public Works for the Benefit of its Department of Innovation & Technology By: Printed: ______________________ Title: ________________________ August 13, 2024 3 Exhibit A Building Remeasurement [attached] Path \ File Name: C:\Users\jcbals\OneDrive\Z_PROJECTS\Catalyst-Two_Documentation-2024\- JADz_Drawings_Working\CatalystII-Documentation2024_X101Plot Date: July 15, 2024ABCDEFGHH.2JK 9 8 7 6 5 4 3 2 1 LMNPQR ABCDEFGHH.2JKLMNPQR 9 8 7 6 5 4 3 2 1 THESE DRAWINGS AND THE INFORMATION THEY CONTAIN ARE THE SOLEPROPERTY OF JOSEPH A. DZIERLA & ASSOCIATES, INC. AND MAY NOT BEREVISED, REPRODUCED, OR DISTRIBUTED IN ANY MANNER WITHOUT THEEXPRESS CONSENT OF JOSEPH A. DZIERLA & ASSOCIATES, INC.© COPYRIGHT 2024 | ALL RIGHTS RESERVEDProject Number:319 SOUTH MAIN STREET, SUITE 300SOUTH BEND, INDIANA 46601PHONE: 574-234-8619FAX: 844-272-0063EMAIL: dzierla@outlook.comISSUE DATE REVISIONSCATALYST TWO:EXISTING DOCUMENTATION1165 FRANKLIN STREETSOUTH BEND, INDIANA 46601EXISTING DOCUMENTATION 15 JULY 2024 XX-XXX-X CATALYST TWO: EXISTING DOCUMENTATION 2024BUILDING EXISTING PLANx1.1 1. THESE EXISTING BUILDING DOCUMENTS ARE CREATED BASED UPON INFORMATION OBTAINED THROUGH SITE OBSERVATIONS, FIELD MEASUREMENTS, AND AVAILABLE GIS DATA. 2. THE ARCHITECT HAS MADE A REASONABLE EFFORT TO ENSURE THE ACCURACY OF THESE EXISTING BUILDING DOCUMENTS, BUT MINOR INACCURACIES MAY EXIST DUE TO THE NATURE OF DOCUMENTING EXISTING CONSTRUCTED BUILDINGS. 3. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR(S) TO FIELD VERIFY ANY AND ALL CRITICAL DIMENSIONS REQUIRED FOR PERFORMING NEW WORK. 4. CONTRACTOR(S) SHALL NOTIFY THE ARCHITECT OF ANY MAJOR DISCREPANCIES THAT MAY PROHIBIT OR ALTER THE IMPLEMENTATION OF THE DESIGN FOUND IN THESE CONSTRUCTION DOCUMENTS. EXISTING PLAN NOTES 0 1 X1.1 BUILDING EXISTING PLAN SCALE: 1/16" = 1'-0" PLAN NORTH 4' 8' 16'32' 0 2 X1.1 TENANT SECOND FLOOR EXISTING PLAN SCALE: 1/16" = 1'-0" PLAN NORTH 4' 8' 16'32' CONSTRUCTION GROSS AREA 49,869 SQ. FT. (1st FLOOR) EXTERIOR GROSS AREA 47,697 SQ. FT. (1st FLOOR) INTERIOR GROSS AREA 46,938 SQ. FT. (1st FLOOR) SUITE 220 2,760 SQ. FT. SUITE 240 3,564 SQ. FT. SUITE 100 5,093 SQ. FT. SUITE 120 1,356 SQ. FT. SUITE 140 1,139 SQ. FT. SUITE 160 2,227 SQ. FT. SUITE 180 6,075 SQ. FT. BUILDING UTILITY 422 SQ. FT. SERVICE AREAS 899 SQ. FT. CIRCULATION AREAS 792 SQ. FT. SUITE 200 (FIRST) 22,609 SQ. FT. SUITE 200 (SECOND) 7,596.43 SQ. FT. OPEN T O B E L O W OPEN T O B E L O W OPEN T O BELOW OPEN TOBELOW BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 7/30/2024 Name Jenna Throw Department Legal BPW Date August 13, 2023 Phone Extension Ext. 9354 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Required Information Company or Vendor Name Catalyst Two, LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name NA Project Number NA Funding Source NA Account No. NA Amount NA Terms of Contract Purpose/Description Estoppel Certificate for TRC. __________________________________________________________ ______________________________________________________________ _ _____________________________________________________ For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: x Estoppel Certificate