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Assignment and Assumption of Leases - Michigan Street Shops LLC - Assign Leases to Five Michigan Street Shops
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Assignment and Assumption of Leases - Michigan Street Shops LLC - Assign Leases to Five Michigan Street Shops
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4/2/2025 8:26:10 AM
Creation date
6/19/2018 12:36:48 PM
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Board of Public Works
Document Type
Contracts
Document Date
6/12/2018
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(b) Lease by and between the Corrnnission and First Church of Christ Scientist <br />South Bend, dated September 7, 2007, as amended by the First Amendment <br />to Lease, dated August 16, 2012, and the Second Amendment to Lease dated <br />September 26, 2017, collectively attached hereto in reverse chronological <br />order as Exhibit 2; <br />(c) Lease by and between the Commmission and Le Peep of South Bend, Inc., <br />dated October 20, 2000, as amended by the First Amendment to Lease, <br />dated February 13, 2003, the Second Amendment to Lease, dated <br />November 2, 2007, the Third Amendment to Lease, dated November 1, <br />2008, the Fourth Amendment to Lease, dated May 10, 2011, and the Fifth <br />Amendment to Lease, dated September 27, 2016, collectively attached <br />hereto in reverse chronological order as Exhibit 3; <br />(d) Lease by and between the Commission and Gordon Ventures, LLC d/b/a <br />Edible Arrangements, dated October 11, 2012, as amended by the First <br />Amendment to Lease dated October 10, 2017, collectively attached hereto <br />in reverse chronological order as Exhibit 4; and <br />(e) Lease by and between the Commission and Times Five, LLC d/b/a Linden <br />Grill, dated April 27, 2016, as amended by the First Amendment to Lease <br />dated February 13, 2018, collectively attached hereto in reverse <br />chronological order as Exhibit 5. <br />2. Assumption. The Company hereby accepts the foregoing assignment and assumes <br />and agrees to perform all of the obligations, liabilities, and duties of the lessor under the Leases, <br />whether presently existing or arising hereafter, from and after the date upon which this Assignment <br />is delivered to the Company in accordance with Section I 1 of the Purchase Agreement. <br />3. Successors and Assigns. This Assignment shall be binding on and inure to the <br />benefit of the Board and the Company and their respective successors and assigns. <br />4. Consent. In accordance with the respective terms of the Leases, no third party's <br />consent is required to tarty out the assignment and assumption stated herein. <br />5. Governing Law. This Assignment will be governed by and construed in accordance <br />with the laws of the State of Indiana. <br />[Signature page follows.] <br />2 <br />
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