HomeMy WebLinkAbout5A3 First Amendment to Lease Agreement (Beacon Health Leighton Bldg.) - SignedSouth Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
D ATE : 11/25/2024
FROM: Erin Michaels – Property Development Manager
SUBJECT: First Amendment to Beacon Lease at Leighton
Building
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the
authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Extend term of the Lease Agreement approved by the RDC on April 23, 2024 with Beacon
Health System by four (4) months
SPECIFICS: The Redevelopment Commission approved a Lease Agreement with Beacon Health System for the
first floor of the Leighton Building located at 111 W. Jefferson Blvd, South Bend, IN 46601.
This First Amendment to the Lease Agreement would extend the term of the lease from December 31, 2025 to
April 30, 2026 per the Tenant’s request.
There are no other substantive changes to this agreement.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
11-25-2024
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement (“First Amendment”) is made effective as of
November 25, 2024 (the “Effective Date”) by the City of South Bend, Indiana, Department of
Redevelopment, acting by and through its governing body, the South Bend Redevelopment
Commission (the “Landlord”) and Beacon Health System, an Indiana nonprofit corporation
(“Tenant” and collectively with the Landlord, the “Parties”). Each of the Parties may be referred
to in this Amendment as a “Party.”
Recitals
A.The Parties entered into a Lease Agreement dated April 23, 2024 (the “Lease”), in which
they agreed the Tenant would lease from the Landlord certain portions of the real
property commonly known as 111 W. Jefferson Blvd., South Bend, Indiana 46601, parcel
number 71-08-12-153-003.000-026 (the “Property”).
B.Tenant has requested to extend the term of the Lease, and Landlord believes an
extension of the Lease term is in the best interests of the health, safety, and welfare of
the City and its residents.
C.The Parties now desire to modify certain portions of the Lease as further set forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and
promises contained in this First Amendment and the Lease and for other good and valuable
consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:
1.The phrase “December 31, 2025” shall be deleted from Section 2.a. and
replaced with the phrase “April 30, 2026”.
2.Unless expressly modified by this First Amendment, the terms and provisions of
the Lease remain in full force and effect.
3.Capitalized terms used in this First Amendment will have the meanings set forth
in the Lease unless otherwise stated herein.
4.The recitals set forth above are hereby incorporated into the operative provisions
of this First Amendment.
5.This First Amendment will be governed and construed in accordance with the
laws of the State of Indiana.
6.This First Amendment may be executed in separate counterparts, each of which
when so executed shall be an original, but all of which together shall constitute one and the
same instrument. Any electronically transmitted version of a manually executed original shall
be deemed a manually executed original.
Signature Page Follows
IN WITNESS WHEREOF, the undersigned have executed this Seventh Amendment as of
the date set forth after their signatures.
SOUTH BEND REDEVELOPMENT COMMISSION
By:
Troy Warner, President
ATTEST:
Vivian G. Sallie, Secretary
Date: _____________
BEACON HEALTH SYSTEM, INC
Jeffrey P. Costello, Chief Financial Officer
Date:_______________________
11-25-2024