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This indenture witnesseth, that CIVIL CITY OF SOUTH BEND, INDIANA, a municipality,
<br /> acting by and through its Board of Public Works & Safety,
<br /> hereafter referred to as "Lessor",
<br /> leases to: SOUTH BEND CIVIC THEATRE, INC., an Indiana non profit corporation
<br /> hereafter referred to as "Lessee",
<br /> for and in consideration of the covenants and agreements hereinafter mentioned, the premises in St. Joseph County,
<br /> State of Indiana, known and described as follows:
<br /> Lots numbered 1, 2 and 3 as shown in the recorded plat
<br /> of the St. Joseph County Agricultural Society's Addition
<br /> to the City of South Bend. Also known as 701 Portage
<br /> Avenue. .
<br /> To have and to hold the same unto the lessee from January 23 19 69 to and including
<br /> January 22, , 1970 , and the lessee, in consideration of said demise, does covenant and agree with
<br /> the lessor as follows:
<br /> 1. The Lessee hereby represents that he will use said p remises for the following described purposes and for no other
<br /> purposes whatsoever:
<br /> Amateur theatre activities
<br /> 2. To pay as rent for said leased premises the sum of One and no/100 ------------------($1.00}lollars
<br /> paid with the execution of this lease, the receipt of which is hereby
<br /> acknowledged by lessor,
<br /> 3. That the Lessee has examined and knows the condition of said premises and has received the same in good order and repair,
<br /> except as herein otherwise specified,and that no representations as to the condition of repair thereof have been made by the Lessor or his
<br /> representative, prior to or at the execution of this lease that are not herein expressed or endorsed hereon; and that Lessee will keep the
<br /> interior and exterior of said premises in good repair, including the roof and walls, replacing all broken glass with glass of the same size
<br /> and quality as that broken,and will keep said premises and appurtenances,as well as all eaves,downspouting,catch basins,drains, stools,
<br /> lavatories, sidewalks, adjoining alleys and all other facilities and equipment in connection with said premises, in a clean and healthy
<br /> condition,according to the city ordinances,and the direction of the proper public officers,during the term of this lease,at his own expense;
<br /> and upon the termination of this lease in any way, will yield up said premises to Lessor in good condition and repair (loss by fire and
<br /> ordinary wear excepted) and will deliver the keys to Lessor.
<br /> 4. That Lessor shall not be liable for damage caused by hidden defects or failure to keep said premises in repair, and shall not be
<br /> liable for any damage done or occasioned by or from plumbing,gas, water, steam, or other pipes,or sewerage, or the bursting or leaking
<br /> of plumbing or of any plumbing or heating fixtures or waste or soil pipe existing in connection with said building or premises, nor for
<br /> damage occasioned by water,snow or ice being upon sidewalks or coming through the roof,sky-light, trap door or otherwise, nor for any
<br /> damages arising from negligence of co-tenants or other occupants of the same building, or the agents, employees or servants of any of
<br /> them,or of any owners or occupants of adjacent or contiguous property.
<br /> 5. The Lessor shall not be liable for any injury to the Lessee or any other person, occurring on or in front of said premises, ir-
<br /> respective of whether said injury is caused by a defect in said premises or by reason of said premises becoming out of repair or arising from
<br /> any other cause whatsoever,and the Lessor shall not be liable for damage to Lessee's property or to the property of any other person which
<br /> may be located in or upon said premises and the Lessee agrees to indemnify and save harmless the Lessor from any and all claim8 arising
<br /> out of injuries to persons or property occurring on or about said premises.
<br /> 6. That the Lessee will not allow said premises to be used for any purpose that will increase the rate of insurance thereon, nor to
<br /> be occupied in whole or in part by any other person, and will not sublet the same or any part thereof, nor assign this lease or any part
<br /> thereof without, in each case the written consent of the Lessor first had and obtained, and will not permit any transfer, by operation of
<br /> law,of any interest in said premises acquired through this lease,and will not permit said premises to be used for any unlawful purpose
<br /> or purpose that will injure the reputation of the same or of the building of which it is a part,nor disturb the tenants of such building
<br /> or of the neighborhood and will not allow any sign or placards posted or placed thereon;except by written consent of the Lessor.
<br /> COPTIIIONT.11117,ST.JOSEPH COUNTY INDIANA BAR ASSOCIATION
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