First Amendment to Lease Agreement - Human Rights Commission Lease 319 Niles Ave. City’s Tax Liabiltiy – MedPro Properties, LLC

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FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE SOUTH BEND HUMAN RIGHTS COMMISSION OF THE CITY OF SOUTH BEND AND MEDPRO PROPERTIES LLC MedPro Properties LLC ("Landlord") and the Human Rights Commission City of South Bend ("Tenant"), having entered into a certain Lease Agreement on August 1, 2018 and effective May 1, 2018 ("the Lease"), for the Tenant's use of office space located at 319 Niles Ave, South Bend, St. Joseph County, Indiana, hereby amend Section 5 (A) of the Lease as follows: WHEREAS, when entering the Lease, the parties intended to preserve Tenant's right to use the Premises for Tenant's governmental business exempt from property taxation as required by law under Ind. Code Sections 6-1.1-10-5 and IC 36-1-10-18. WHEREAS, the St. Joseph County Tax Assessor ("the Assessor") contested the issue of Tenant's tax exemption as provided in the Lease resulting in an appeal before the Indiana Board of Tax Review pending as Petition No. 71-026-19-2-8-00886-19 (the Tax Appeal); and WHEREAS, in settlement and resolution of the Tax Appeal, the Assessor has agreed to approve the Tenant's tax exemption retroactive to the effective date of the Lease provided the Landlord and Tenant amend Section 5 (A) of the Lease Agreement to conform to the Assessor's interpretation of IC 6-1.1-10-2 (b); and WHEREAS, Landlord and Tenant understand that the Amendment to Section 5 (A) of the Lease which follows satisfies the Assessor's concerns and will assure that Tenant will