Contract - Lease for Human Rights Commissions Office - Key S.B., LLC

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Confidential Page 1 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company LEASE For and in consideration of the mutual covenants and promises contained herein, KEY S.B., L.L.C., as "Landlord", and the City of South Bend, an Indiana municipal corporation, as "Tenant", hereby agree as follows: 1. Basic Lease Provisions. The following Basic Lease Provisions are incorporated into and made a part of the Lease. In the event of an inconsistency between these Basic Lease Provisions and the other terms of the Lease, the terms of the Lease (and not the Basic Lease Provisions) shall govern. (a) Leased Premises: Suite 801 consisting of approximately 4,795 rentable square feet 1 (RSF) in the office building known as the Key Bank Tower ("Building") located at 202 S. Michigan Street, South Bend, Indiana 46601, and more fully described and shown in Exhibit "A" hereto (the Leased Premises, the Building, and any other improvements located thereon shall be collectively referred to as the "Property"). (b) Term: Three (3) years. This Lease is effective and enforceable as of the date set forth above. Tenant shall be entitled to early access of the Leased Premises prior to the Commencement Date. Tenant's early access of the Leased Premises shall be for the performance of carpet cleaning and certain IT work/connections and shall be subject to all the terms and conditions of this Lease, other than the obligation to pay Base Rent. Early access of the Leased Premises shall not advance the Expiration Date of this Lease. Landlord shall have the right to charge Tenant for any utility costs incurred as a result of Tenant's early access of the Leased Premises. If during Tenant's early access of the Leased Premises, Tenant desires to have security for the Leased Premises, Tenant shall provide such security at no cost to Landlord. Tenant's right to possession and obligation to pay Rent shall commence on the Commencement Date. Provided Tenant is not in default at the time, Tenant shall have a one-time option to extend the Lease Term for an additional twenty-four (24) month term (an “Extension Option”) exercisable under the following covenants and conditions: (i) Tenant’s extension option rights provided shall be expressly conditioned upon Tenant providing Landlord with written notice of its intent to extend the Lease Term no later than six (6) months prior to the Expiration Date; (ii) Tenant must not have sublet or assigned the Lease; (iii) Tenant must itself be in possession of the Leased Premises; (iv) Tenant’s Base Rent obligations for an extension Term shall be pursuant to the amounts in Lease paragraph 1(e) below; and (v) Tenant shall accept the Leased Premises in the extended Term in its “as-is” condition;. (c) Commencement Date: December 1, 2024. (d) Expiration Date: The last day of the thirty-sixth (36th) complete calendar month following the Commencement Date. (e) Base Rent: $5,300 per month for the twenty-four (24) months of the first and second year of Term and $5,618 per month for the final twelve (12) months of the third year of the Term. If Tenant exercises its Extension Option noted above, Base Rent for the first twelve months of the Extension Term will be $6,393.33 per month and $6,593.13 per month for the second twelve (12) months of the Extension Term. Rent shall be due on the first of the month. (f) Tenant's Share: 4,795 (Tenant's sf) ÷ 115,442 (Building's sf) = 4.15 % (Tenant's Share). (g) Use: Professional office. (h) Notice Addresses: If to Landlord: Key S.B., L.L.C., 750 Trade Centre Way, Suite 100, Portage, MI 49002; If to Tenant: City of South Bend City, County-City Building, 227 West Jefferson Blvd., South Bend, IN 46601; E-mail address: _skennedy@southbendin.gov and klee@southbendin.gov________________________. (i) Exhibits: (A) Leased Premises; and (B) Property Rules and Regulations. 2. Leased Premises. Tenant acknowledges and agrees that it is accepting the Leased Premises in its "as-is" condition. Landlord reserves the right to, from time to time, alter, modify, or rearrange the common area facilities on the Property. 3. Rent. (a) Base Rent: Tenant shall pay Base Rent ("Base Rent") as set forth in the Basic Lease Provisions (Section 1. above), without notice or demand, and without setoff, in equal monthly installments as set forth in the Basic Lease Provisions, in advance, on the 1 Measured per BOMA (Building Owners and Managers Association) International standard (ANSI/BOMA Z65.1-1996)