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HomeMy WebLinkAbout6.B.(1) Third Amendment to LeaseTHIRD AMENDMENT TO LF,ASE BETWEEN SOUTH BEND REDEVELOPMENT COMMISSION ANll LAURA LI?E'S, INC. ~1~1 IIS 1~1 IIRD ~~VIENDMLNT ~hO LLASI? (this "Amendment') is madc and entered into this da}~ of September. 2008. by and between the CITY OF SOIiTII BEND, INDIANA. a municipal corporation organized and operating. under the laws of the State of [ndiana. acting by and through the South Bend Redevclopmcnt Commission, the governing body of the City's Department 01~ Rcdevelopmcnt (collectively the "Landlord') and LAURA LI?1?'S, INC. (the ~~~henant'). W I ll~;KI:AS. the Landlord and the Tenant arc parties to an agreement entitled `Lease" dated and madc ci~fcctive December 7. 1999, as amended by the first Amendment to Lease bet~~~een the Landlord and the ~l~cnant dated August 19. 2005. and as further amended b~~ the Second Amendment to Lcasc bct~~•ecn the Landlord and the "I~cnant dated Scptcmbcr 25, 2007, (collcctivcly the "Lcase'~) related to premises located at 121 South Michigan Street, South Bcnd, Indiana. as more particularly described at I:~hibit A: and W I I I?IZI~:AS, pursuant to the Second amendment. the term of the Lease expires on August i 1.2008; and WI Il?RI~:AS, the Landlord and the I~enant desire to extend the term of the Lcasc; and ~~111~ RL:~S. this Amendment is entered into as the ""third Amendment to Lcasc" to moditw the terms and conditions of the Lcasc. NOW'. "fi11:RLFORIi. in consideration of the mutual promises and obligations set forth herein, the parties make this Third Amendment to Lcasc as follows: 1. ~I~hc lollo~~~ing provision is added to and modifics'`SI:C~fION 3 l ._hF[E TERM° by inserting at the end of the first paragraph, the following: The Parties agree that the ~fcrm of this Lcasc shall be and hereby is extended l~n a period of three (3) months to commence on Scptcmbcr 1. 2008, and expire on November i0. 2008. unless sooner terminated b~~ the ~I~cnant by giving notice of~such termination to the Landlord on or before the Iasi day of~ the month in which the "hcnant desires the termination to be effective. 2. Mach and every other provision of the Lease is hereby ratified, approved and affirmed by the Panics. 3. The Parties acknowledge and agree that this Amendment shall relate back to the date of the execution of the Lease and that all remaining terms and conditions, as set forth in the 1_,ease shall remain in full force and eflect. 4. This Amendment may be executed in counterparts, all oC which shall be deemed originals. ~. l~hc undersigned persons executing and delivering this Ama~dmcnt on bchalf~of the ~fenant represent and certify that they arc the duly elected officers oC"fcnant and have bccn bully cmpo~~~crcd. h}' proper resolution of the Board of Directors to execute and deliver this Amendment and that all necessary corporate action has bccn taken and done. (Kc~nxrit7der o1 ~hr.c ~~u~gc rnlentionull>~ lefi blur~k) IN WITNESS WHI~:RI:OI~, the parties have caused this Third Amendment to Lease to be executed for and on their behalf on the day and year first written above. LANDLORD: fENAN~I~: C]TY OF SOUTH 13P',ND, I~'DIAN~1, LAU12A LI:1J'S, INC. llF;PAK'1'Mh.N1' OF RGllF,VEI,OP:VIF,NT Uatc: , 2008 5,;,irirt~ _ Prmred Airnr~ mid lii/r _ .Pi,~nanun Sigmuure PrunedTuni~~rind lLlr -_ Nnn~ed Anuir ~,nd lnl~~ South Send IZede~°elopnient Commission s~rn~rf: or iN~~inNn ~ ~z~~~~~- ss: S~h. JOS6PII COUN"fY ) C3eforc mc, the undersigned, a Notary Public. in and ibr said County and State. personally appeared __ and kno«~n to me to be the and respectively, 01 the South Bend Redevelopment Commission and acknowledged the e.eecution of the foreaoin~z l~hird nmendmcnt to Lease. IN WI"~NIiSS WI fGRf:OL, I have hereunto subscribed m~- name and afli.~ed my official seal on the da~~ of ZOOb. Notary Public Residin~~ in St. Joseph Count}. IN My Commission I:.~pires: ~/- /,~ ,- Date: C~ ~~ .2008 Laura Lcc's, Inc. s~rnn~: or rn~~~nNn ~ ss: s~r. ~osLPi i couvTV > [3efore me, tie undersigned. a hbtary Public. in and for said County and State, personally appeared ~ ri ~~ F'ri_,i-~ c ~ n' 'f~ of Laura Lee's, Inc. and acknowledged the c~ecution ofthe foregoing Third Amendment to Lease. ~N INS WITNIiSS WI IGRGOP, I have hereunto subscribed my name and aflixpd my official seal on the ~~~ day of -- _ ,~~ , ~ 008. -- _ _. ~ - ~ "~ r- ~, t - ~c~ ti~~ti ~ ~ ~z~; ~~C, Notary Public Residing fn St. Joseph Counlv, IN My Commission Lspires: ~ i ~+~~~' ~~ H'.XHIRI'1' A 7~hc Premises consists of Retail urea No. 6 and the southeast quarter of Retail Area No. 7, commonly referred to as 12l S. Michigan Strcct. South Bcnd, Indiana, which is comprised of 1.423 square feet located on the ground level of the Leighton Center Parking Garage, commonly referred to as the Michigan Strcct Shops. South Bend. Indiana. which shops are more particularly described as (bllows: A parcel of land located in the Original Plat of the Town of South Bend. Leighton Plaza Replat. and a part of the Northwest Quarter of Section ] 2. Township 37 North. Range 2 East. Portage ~fo~~~nship. City of South Bcnd, St..loseph County, and described as [~>llo~us: Beginning at the intersection of the North right of way line of Jefferson Blvd and the West right of way line of Michigan Street: thence North along said Wcsl right of ~~ay line of Michigan Street a distance of 220 test. more or Icss: thence West parallel with said North line of Jefferson Bled, a distance ol~ ~3 feet, more or Icss: thence South parallel ~~~ith said West line of 'vlichigan Street to the North line of said Jefferson Blvd: thence East along said North line of Jefferson Blvd to the place of beginning. Containing 0?68 acres, more or less, subject to all legal casements and rights of way. Said description is the land occupied by the existing store fronts in the Leighton Plana Building fronting on Michigan Strcct in downtown South Bcnd.