6C(4) Lease for 131 S. Michigan St

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particularly described in Exhibit A, and depicted in Exhibit B, each attached hereto and made a part hereof. (j) Effective Date: The date of last execution hereof by Landlord or Tenant. (k) Delivery Date: The date to which possession is delivered to the Tenant as determined in Section 4.1. (1) Commencement Date: The date on which the "Initial Term" commences as determined in Section 3.1. 1.2. Modified Gross Rent. Modified Gross Rent ("MGR") includes the Basic Rent plus the estimated Additional Rent charges of $5.26 per square foot per year: Lease Year Per Sa. Foot Annual Monthly Initial Tenn Basic Rent -MGR MGR MGR 2 Months 0.00 N/A 0.00 1 $ 4.14 - $ 9.40 $14,400.00 $1,200.00 2 $ 4.96 - $ 10.19 $15,600.00 $1,300.00 3 $ 5.71 - $ 10.97 $16.800.00 $1,400.00 Modified Gross Rent for any Extended Tern1 shall be subject to negotiation between the parties. ARTICLE II. PREMISE-S. 2.1. Premises. Landlord is the owner of the Building. Landlord, in consideration of the Rent, as hereinafter defined, to be paid and the covenants to be performed by Tenant, hereby leases to Tenant. and Tenant hereby leases from Landlord, that certain premises located in the Building and depicted on Exhibit C (the "Premises"), subject to the teens and conditions of this Lease. Landlord reserves the right. with respect to the Building, to modify, increase or decrease: the number. location. dimension, size, and height of buildings and other improvements in the Building: and the identity and type of other tenants. Tenant's interest in the Premises is and shall be subject to all easements, restrictions, liens, encumbrances.. rights-of-way, or other matters now or hereafter of record affecting the Premises or the Building. 2.2. Common Areas. Tenant shall have the right, in common with all other tenants in the Building, to use the areas in and around the Buildin~~ designated by Landlord from time to time as common areas, including, without limitation, hallways. stairs. elevators, sidewalks, interior drives. parking areas and green areas (the "Common Areas"), subject to the Rules, as hereinafter defined. Landlord shall operate. maintain and insure the Conmmon Areas for their intended purposes in such a manner as Landlord shall determine Co be necessary or appropriate, including, without limitation. that Landlord at any time may close or change any part of the Common Areas as Landlord determines to be necessary or appropriate. Tenant understands that Landlord does not control the sidewalks located in the Michi~~an Street ri~~ht of ~~-ay. Tenant ~~~ill file its request with the South Bend Board of Public Works for use of a potion of the side~~ alk area for outdoor seating. Landlord will not oppose such request. 23. Quiet Enjovment_ Landlord warrants that it is the owner in fee simple of the Building, and that it has full right and authority to enter into this Lease. subject to all easements, restrictions, liens. encumbrances, rights- of-way and other matters of record. Landlord agrees that if Tenant observes all of the terms and conditions of, and performs all of its obli~~ations under, this Lease. then. at all times during the Tenm, subject to the terms and conditions of this Lease. Tenant shall have the peaceable and quiet enjoyment of possession of the Premises, without any maiuier of hindrance from parties claiming under. by. or through Landlord. ARTICLE III. TERM.