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Department of
Community Investment
1865
Memorandum
Thursday, December 18, 2014
TO: City of South Bend Redevelopment Co sion
FROM: Debrah Jennings, Economic Resourc s
SUBJECT: First Amendment to Lease
Please find attached the First Amendment to Lease between the South Bend Redevelopment
Commission and Vesuvio's Pizza. Attachment A to the First Amendment is a Memorandum of Lease
for recordation purposes.
Vesuvio's Pizza is requesting to continue their business located at 117 East Wayne Street for an
additional three (3) years. Visuvio's Pizza commencement date initially began August 25, 2011 and
shall end on August 24, 2017. The following is the continued rent structure.
• Year 4 annual Base Rent: $24,000.00
• Year 5 annual Base Rend: $27,000.00
• Year 6 annual Base Rent: $30,000.00
`i Vesuvio's Pizza is current with their rent. Therefore, staff recommends approval.
227 W.JEFFERSON BLVD. SOUTH BEND, IN 46601 P: 574-235-9371 FAX: 574-235-9021 SOUTHBENDIN.GOV
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE(this"First Amendment")is made and entered into
this day of December,2014, by and between the City of South Bend,Indiana,by and through
the South Bend Redevelopment Commission, governing body of the South Bend Department of
Redevelopment ("Landlord"), Sonja Young d/b/a Vesuvio's Pizza ("Tenant"), and Girbaud Hines
("Hines") (together referred to as the "Parties").
WHEREAS,Landlord,Tenant,and Hines are Parties to a lease dated and made effective July
26, 2011 ("the Lease"), related to the premises located at 117 East Wayne Street, South Bend,
Indiana, consisting of approximately 2,844 square feet, as more particularly described in the Lease;
and
WHEREAS,the Parties desire to enlarge the Initial Term of the Lease and to amend the terms
of the Lease as hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises and obligations set forth
herein, the Parties agree as follows:
1. Section 3.1 of the Lease shall be deleted in its entirety, and the following shall be
inserted in its place:
3.1. Initial Term. The"Commencement Date"of this
Lease is August 25, 2011. The Initial Term shall end
at 12:00 Midnight,Eastern Standard Time,on August
24, 2017,unless earlier terminated in accordance with
the provisions of this Lease(the"Termination Date").
2. The following table shall be inserted at the end of Section 1.2:
F
Year 4 $ 8.44 $ 24,000.00 $ 2,000.00
Fl Year 5 $ 9.49 $ 27,000.00 $ 2,250.00
Year 6 $ 10.55 $ 30,000.00 $ 2,500.00
,
3. The Parties hereby acknowledge and agree that Hines shall have no rights, duties,
a interest, or obligations under the Lease, effective August 25, 2014. Accordingly,
effective August 25, 2014, "Tenant" shall be defined only as "Sonja Young d/b/a
Vesuvio's Pizza"for all purposes under the Lease and this First Amendment. Tenant
agrees to keep,perform,and fulfill all the obligations and duties under the Lease and
this First Amendment.
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4. The Parties acknowledge and agree that, except as modified herein, all terms and
conditions of the Lease shall remain in full force and effect.
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5. This First Amendment may be executed in counterparts,all of which shall be deemed
originals.
6. The undersigned person executing and delivering this First Amendment on behalf of
Tenant represents and warrants that she is duly authorized to execute and deliver this
First Amendment on behalf of Tenant and that any and all necessary corporate action
has been taken.
7. Landlord and Tenant agree to execute and deliver the Memorandum of Lease in the
form attached hereto as Exhibit A. The Memorandum of Lease shall be recorded in
the office of the St.Joseph County Recorder immediately subsequent to its execution.
IN WITNESS WHEREOF, the Parties hereby execute this First Amendment as of the first written
above.
(SIGNATURE PAGES FOLLOW)
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"TENANT": SONYA Y UNG DB/A VESUVIO'S PIZZA
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STATE OF INDIANA )
SS:
COUNTY OF ST. JOSEPH )
Before me,the undersigned, a Notary Public in and for said County and State,this it/r'lay
-day
of 2014, personally appeared Sonya Young, personally known to me, and
acknowledged the execution of the foregoing First Amendment to Lease.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.
1 (SEAL)
, Notary Public
`1 Resident of County,
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.Notary Public, State of Indiana
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"HINES": GIRBAUD HINES
Girbaud Hines
STATE OF INDIANA )
SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County and State,thisday
of 014, personally appeared Girbaud Hines, personally known to me, and
acknowledged the execution of the foregoing First Amendment to Lease.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.
(SEAL)
L45C Ia otary Public
Resident of County,
My commission Expires:
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"LANDLORD": SOUTH BEND REDEVELOPMENT
COMMISSION, for and on behalf of the
City of South Bend, Indiana, Department of
Redevelopment
By:
Marcia I. Jones, President
ATTEST:
Donald E. Inks, Secretary
STATE OF INDIANA )
SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County and State,this day
of December,2014,personally appeared Marcia 1. Jones and Donald E.Inks,personally known to me
as the President and Secretary, respectively, of the South Bend Redevelopment Commission, the
governing body of the City of South Bend, Indiana, Department of Redevelopment, and
acknowledged the execution of the foregoing First Amendment to Lease for and on behalf of the
South Bend Redevelopment Commission for the use and purposes contained therein.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.
(SEAL)
Notary Public
Resident of County,
My commission Expires:
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EXHIBIT A
MEMORANDUM OF LEASE
MAIL TO:
City of South Bend, Indiana
Dept. of Community Investment
227 W. Jefferson Blvd.
1400 S. County-City Building
South Bend, Indiana 46601
MEMORANDUM OF LEASE
;1 This Memorandum of Lease is to evidence that certain lease dated July 26, 2011, as
amended by that certain First Amendment to Lease dated December 2014(the"Lease"),
by and between the South Bend Redevelopment Commission, the governing body of the
Department of Redevelopment of the City of South Bend, Indiana, as Lessor, and Sonja
Young d/b/a Vesuvio's Pizza, as Lessee, for the following real estate located in the City of
South Bend, St. Joseph County, Indiana:
The retail space in the Wayne Street Parkuig Garage, 117 E.
Wayne St., South Bend, IN 46601, commonly referred to as
the Wayne Street Retail,South Bend, Indiana, which is more
particularly described as follows: RETAIL AREA I &II OF
WAYNE & ST. JOSEPH PARKING GARAGE; PARCEL
ID: 71-08-12-158-014.000-026.
The initial term of the Lease,as amended,is for six(6)years,commencing on August
25, 2011,with an option to extend the lease for one(1) additional term of three(3)years at
the end of the initial term,unless sooner terminated in accordance with the terms ofthe Lease.
SIGNATURE PAGES FOLLOW
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LESSEE: SONYA UNG DB/A VESUVIO'S PIZZA
S YOUIQ
STATE OF INDIANA )
SS:
COUNTY OF ST. JOSEPH )
} 1.Before me, the undersigned, a Notary Public in and for said County and State, this
fI day of 2014,personally appeared Sonya Young,personally known to me,
and acknowledged the execution of the foregoing Memorandum of Lease.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.
(SEAL)
j6W Notary Public
Resident of County,
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My commission Expires:
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October 01, 2021
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LESSOR: SOUTH BEND REDEVELOPMENT
COMMISSION, for and on behalf of the
City of South Bend, Indiana, Department of
Redevelopment
By:
Marcia I. Jones, President
ATTEST:
Donald E. Inks, Secretary
STATE OF INDIANA )
SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County and State, this
day of December, 2014, personally appeared Marcia I. Jones and Donald E. Inks,
personally known to me as the President and Secretary, respectively, of the South Bend
Redevelopment Commission, the governing body of the City of South Bend, Indiana,
Department of Redevelopment, and acknowledged the execution of the foregoing
Memorandum of Lease for and on behalf of the South Bend Redevelopment Commission for
the use and purposes contained therein.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal.
(SEAL)
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Notary Public
Resident of County,
My commission Expires:
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This instrument was prepared by Benjamin J.Dougherty,Assistant City Attorney,1200 S.County-City Building,227 W.Jefferson Blvd.,
South Bend,Indiana 46601.
I affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document,unless
required by law. Benjamin J.Dougherty.
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