Loading...
HomeMy WebLinkAbout5B5 2nd. Amendment to Network Operating Center Lease Union Station (1547 CSR) - Fully ExecutedSouth Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item D ATE : 8/7/2026 FROM: Erin Michaels – Property Development Manager SUBJECT: Second 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 Second 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 which shares a wall and entrance with Union Station. The Tenant is working to separate their property from Union Station and construct their own separate entrance solely on their property. In the interim the Tenant occupies space in Union Station and maintains security at the entrance per the terms of the Lease. The First Amendment to the Lease was approved by the Redevelopment Commission on August 14, 2025, which extended the lease termination date to August 19, 2026. The Tenant has requested an extension of the termination date of the Lease to allow for the additional time needed for construction to separate their facility from Union Station. Design is underway for the of the new entrance and construction will begin soon. Per the amended Lease the termination date is August 19, 2026. The proposed Second Amendment would extend this termination date to February 28, 2027, after which the lease would be renewed on a month-to-month basis to allow the additional time needed to fully separate the buildings. The Redevelopment Commission or the Tenant can terminate this lease with 60 days’ notice. The Tenant would continue to provide 24/7 security and property supervision for Union Station through the extended term of the Lease. ______________ ___________Pres/V-Pres ATTEST: __________ _______ _ Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION August 13, 2026 ✓ SECOND AMENDMENT TO LEASE AGREEMENT This Second Amendment to Networking Operating Center Lease (“Second Amendment”) is made effective as of August 13, 2026 (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, as amended by the First Amendment to Network Operating Center Lease dated August 14, 2025 (together, 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, 2026. D.Tenant has requested to extend the termination date of the Lease to account for additional time needed for construction related to its 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 Second Amendment and the Lease and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1.Section 4 shall be deleted in its entirety and replaced with the following: “The term of this Lease (the “Term”) shall commence on the Lease Effective Date and terminate on February 28, 2027 (the “Lease Termination Date”). Thereafter, the Lease shall continue on a month-to-month basis upon the same terms and conditions contained herein, unless and until terminated by either Party upon at least sixty (60) days’ prior written notice to the other Party. Notwithstanding the foregoing, Landlord and Tenant may terminate this Lease prior to the Lease Termination Date by mutual written agreement.” 2.Unless expressly modified by this Second Amendment, the terms and provisions of the Lease remain in full force and effect. 3.Capitalized terms used in this Second 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 Second Amendment. 5.This Second Amendment will be governed and construed in accordance with the laws of the State of Indiana. 6.This Second 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 Second Amendment as of the date set forth after their signatures. “LANDLORD” SOUTH BEND REDEVELOPMENT COMMISSION By: David Relos, President ATTEST: Eli Wax, Secretary Date: _______________ “TENANT” 1547 CSR – South Bend, LLC a Delaware Limited Liability Company By:___________________________ Its__________________________________ Date:_______________________ J. Todd Raymond Authorized Signatory 8/11/26 August 13, 2026