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6C(4) Lease for 131 S. Michigan St
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08-20-10 Packet
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6C(4) Lease for 131 S. Michigan St
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8/18/2010 9:23:54 AM
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particularly described in Exhibit A, and depicted in <br />Exhibit B, each attached hereto and made a part hereof. <br />(j) Effective Date: The date of last execution hereof by Landlord or Tenant. <br />(k) Delivery Date: The date to which possession is delivered to the Tenant <br />as determined in Section 4.1. <br />(1) Commencement Date: The date on which the "Initial Term" commences as <br />determined in Section 3.1. <br />1.2. Modified Gross Rent. Modified Gross Rent ("MGR") includes the Basic Rent plus the estimated <br />Additional Rent charges of $5.26 per square foot per year: <br />Lease Year Per Sa. Foot Annual Monthly <br />Initial Tenn Basic Rent -MGR MGR MGR <br />2 Months 0.00 N/A 0.00 <br />1 $ 4.14 - $ 9.40 $14,400.00 $1,200.00 <br />2 $ 4.96 - $ 10.19 $15,600.00 $1,300.00 <br />3 $ 5.71 - $ 10.97 $16.800.00 $1,400.00 <br />Modified Gross Rent for any Extended Tern1 shall be subject to negotiation between the parties. <br />ARTICLE II. <br />PREMISE-S. <br />2.1. Premises. Landlord is the owner of the Building. Landlord, in consideration of the Rent, as <br />hereinafter defined, to be paid and the covenants to be performed by Tenant, hereby leases to Tenant. and Tenant <br />hereby leases from Landlord, that certain premises located in the Building and depicted on Exhibit C (the <br />"Premises"), subject to the teens and conditions of this Lease. Landlord reserves the right. with respect to the <br />Building, to modify, increase or decrease: the number. location. dimension, size, and height of buildings and other <br />improvements in the Building: and the identity and type of other tenants. Tenant's interest in the Premises is and <br />shall be subject to all easements, restrictions, liens, encumbrances.. rights-of-way, or other matters now or hereafter <br />of record affecting the Premises or the Building. <br />2.2. Common Areas. Tenant shall have the right, in common with all other tenants in the Building, to <br />use the areas in and around the Buildin~~ designated by Landlord from time to time as common areas, including, <br />without limitation, hallways. stairs. elevators, sidewalks, interior drives. parking areas and green areas (the <br />"Common Areas"), subject to the Rules, as hereinafter defined. Landlord shall operate. maintain and insure the <br />Conmmon Areas for their intended purposes in such a manner as Landlord shall determine Co be necessary or <br />appropriate, including, without limitation. that Landlord at any time may close or change any part of the Common <br />Areas as Landlord determines to be necessary or appropriate. Tenant understands that Landlord does not control the <br />sidewalks located in the Michi~~an Street ri~~ht of ~~-ay. Tenant ~~~ill file its request with the South Bend Board of <br />Public Works for use of a potion of the side~~ alk area for outdoor seating. Landlord will not oppose such request. <br />23. Quiet Enjovment_ Landlord warrants that it is the owner in fee simple of the Building, and that it <br />has full right and authority to enter into this Lease. subject to all easements, restrictions, liens. encumbrances, rights- <br />of-way and other matters of record. Landlord agrees that if Tenant observes all of the terms and conditions of, and <br />performs all of its obli~~ations under, this Lease. then. at all times during the Tenm, subject to the terms and <br />conditions of this Lease. Tenant shall have the peaceable and quiet enjoyment of possession of the Premises, without <br />any maiuier of hindrance from parties claiming under. by. or through Landlord. <br />ARTICLE III. <br />TERM. <br />
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