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Amendment to Lease for City of South Bend, Indiana Page 1 of 2
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<br />AMENDMENT TO LEASE AGREEMENT
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<br />This is an Amendment to the Lease Agreement (“Amendment”) made and entered into by and between Catalyst Two, LLC,
<br />an Indiana Limited Liability Company (“Landlord”) and the City of South Bend, Indiana, by and through its Board of Public
<br />Works, for the benefit of its Department of Innovation and Technology, an Indiana municipal corporation (“Tenant”),
<br />originally entered into on January 1, 2019 (which lease and all existing amendments, if any, are the “Lease”). Upon
<br />execution by Landlord and Tenant, this Amendment shall become effective as of July 1, 2023.
<br />NOW, THEREFORE, in consideration of the responsibilities and mutual covenants in the Lease and in this Amendment, it
<br />is mutually covenanted and agreed by and between Landlord and Tenant the Lease is amended by adding and/or modifying
<br />the following terms:
<br />A. Term Extension. The Term of the Lease is hereby extended through June 30, 2026 (the “Renewal Term”).
<br />B. Annual Base Rent Schedule. For the Renewal Term, Tenant agrees to pay Landlord in accordance with the
<br />following modified rent schedule:
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<br />Year Base Rent PSF Year Rent Monthly Rent
<br />1 $14.01 $225,000.00 $18,750.00
<br />2 $15.57 $250,000.00 $20,833.33
<br />3 $17.12 $275,000.00 $22,916.67
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<br />Contemporaneously with the execution of this Amendment, Tenant will pay Landlord the Base Rent for Year 1
<br />of the Renewal Term. Thereafter, and continuing through the remainder of the Renewal Term, Tenant will pay
<br />Landlord Base Rent annually on or before June 1.
<br />C. Basic Lease Provisions and Definitions.
<br />Common Area: The Common Area shall be defined as all shared interior space (e.g., lobbies, hallways, atriums,
<br />etc.), parking areas, isles, driveways, roadways, entrances, exits, sidewalks, service areas, landscaped areas, and
<br />other common facilities located from time-to-time within the boundaries of the real estate defined hereunder as
<br />the Building and designated by Landlord for common use and benefit of the tenants of the Building and their
<br />invitees. The composition of the Common Area, as well as any improvements therein, may be modified from
<br />time-to-time at the sole discretion of Landlord. Landlord shall specifically have the right to a) substantially
<br />change the size, location, and/or arrangement of the parking areas, b) substantially change the number of parking
<br />spaces or other parts of the Common Area, c) change any entrances or driveways which provide a means of
<br />ingress or egress from adjoining streets to the Building, and d) grant to any third party any right to use any portion
<br />of the real estate for either ingress to or egress from any property not presently constituting part of the Building.
<br />D. Event Activity. For the Renewal Term, Landlord grants to Tenant, its agents, contractors, and employees, a non-
<br />exclusive right on, in, and across the Leased Premises and Common Areas for the purpose of hosting events on
<br />the Premises or partnering with local organizations to host events and invite members of the local community
<br />(the “Activity”). This non-exclusive right to enter upon and use the Leased Premises and Common Areas for
<br />said Activity shall be at all reasonable times. In consideration for the authorization and approval by Landlord for
<br />Tenant and its designated agent(s) to enter upon and use the Leased Premises and Common Areas in conducting
<br />the Activity, the Tenant agrees to obtain any permits or other permissions required by any local government
<br />agency, and to follow any laws or regulations governing the Tenant’s activity or operation. Tenant shall also, at
<br />Tenant’s sole cost and expense, ensure that Tenant’s existing insurance coverage under the Lease shall be
<br />expanded to include any operations related to the Activity. Tenant further agrees, without limiting any
<br />indemnification terms in the Lease, to assume all liability for and expressly indemnify, defend, and hold Landlord
<br />harmless from any and all claims, losses, actions, demands, liabilities, damages, ju dgments, fines, penalties,
<br />forfeitures, settlements, expenses, attorney’s fees and costs, arising out of any instance of non-compliance with
<br />any federal, state, or local law, regulation or order (collectively “Claims”) sustained or alleged to have been
<br />DocuSign Envelope ID: B524F329-B97F-40EF-997B-D22DC8A8E86B
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