HomeMy WebLinkAbout5A8 First Amendment to Network Operating Center Lease (Union Station) - SignedSouth Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
D ATE : 8/8/2025
FROM: Erin Michaels – Property Development Manager
SUBJECT: First Amendment – 1547 CSR – South Bend, LLC
Network Operating Center
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: Approval of Proposed First Amendment to Network Operating Center Lease with 1547
SCR – South Bend, LLC
SPECIFICS: The Redevelopment Commission acquired the property located at 320 W South Street, more
commonly known as Union Station, through a Purchase Agreement dated July 25th 2024. As a part of this
acquisition the Redevelopment Commission was transferred the rights and obligations of a Network Operating
Center Lease (the “Lease”) with 1547 CSR – South Bend, LLC (the “Tenant”).
The Tenant is also the owner of the adjacent property located at 506 W South Street and operates a data center
in this building which shares a wall and entrance with Union Station. The Tenant is working to separate the data
center facility from Union Station and construct their own entrance. In the interim the Tenant is occupying space
and maintaining security at the entrance to Union Station per the terms of the Lease.
The Tenant has requested an extension of the termination date of the Lease to allow for the additional time
needed for construction to separate the data center facility from Union Station. Per the Lease the termination
date is August 19, 2025. The proposed First Amendment would extend this termination date to August 19, 2026
to allow the additional time needed to fully separate the buildings. The Tenant would continue to provide 24/7
security and property supervision for Union Station through the extended length of the Lease.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
August 14, 2025
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Networking Operating Center Lease (“First Amendment”) is made
effective as of August 14, 2025 (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 1547 CSR – South Bend, LLC, a Delaware
limited liability company (“Tenant” and collectively with the Landlord, the “Parties”). Each of the
Parties may be referred to in this Amendment as a “Party.”
Recitals
A.Tenant and Union Station Properties Holding LLC entered into a certain Network
Operating Center Lease dated August 20, 2024 (the “Lease”) to set forth Tenant’s access
rights and use of the network operating center currently existing at the property located at
506 West South Street in South Bend, Indiana as well as its security obligations thereto.
B.Union Station Properties Holding LLC transferred and assigned all of its rights and
obligations under the Lease to the South Bend Redevelopment Commission as Landlord
under a certain Assignment and Assumption of Leases and Licenses dated August 20, 2024.
C.The term of the Lease is currently set to terminate on August 19, 2025.
D.Tenant has requested to extend the termination date of the Lease to account for additional
time needed for construction related to their use, 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.
E.The Parties therefore 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 “August 19, 2025” shall be deleted from Section 4 and replaced with
the phrase “August 19, 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
Docusign Envelope ID: 0C9CC615-571B-417F-93CA-0CA522DAD4D8
instrument. Any electronically transmitted version of a manually executed original shall be
deemed a manually executed original.
Signature Page Follows
Docusign Envelope ID: 0C9CC615-571B-417F-93CA-0CA522DAD4D8
IN WITNESS WHEREOF, the undersigned have executed this First Amendment as of the
date set forth after their signatures.
“LANDLORD”
SOUTH BEND REDEVELOPMENT
COMMISSION
By:
Troy Warner, President
ATTEST:
Eli Wax Secretary
Date: _____________
“TENANT”
1547 CSR – South Bend, LLC
a Delaware Limited Liability Company
By:___________________________
Its__________________________________
Date:_______________________
Docusign Envelope ID: 0C9CC615-571B-417F-93CA-0CA522DAD4D8
Authorized Signatory
8/6/2025
August 14, 2025