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<br />Confidential Page 3 of 12 11/18/2024 <br />City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company <br />bookstores and X-rated movie houses, massage parlors, head shops, houses of prostitution, clinics that perform abortions, anything <br />related to pornography, or other similar uses. <br /> <br />5. Conference Room: On or about the commencement of the lease term, Landlord shall cause the missing light fixture in the <br />conference room to be replaced with a similar and suitable replacement. <br /> <br />6. Maintenance. Landlord will keep and maintain the Building foundation, parking areas, common areas, restrooms, <br />heating/air conditioning servicing the Building, all Building utility systems, and landscaped areas in good repair, ordinary wear and <br />tear and casualty damage excepted. Tenant covenants and agrees to be responsible for the cost of maintaining the Leased Premises in <br />a clean and safe condition in accordance with all applicable laws, ordinances, and regulations; however, Landlord shall be responsible <br />for those repairs necessitated by changes in laws, ordinances, and regulations, upon written notice from Tenant that such work in the <br />Leased Premises is necessary. Furthermore, Landlord shall not be financially responsible for repairs and maintenance caused by the <br />intentional acts or negligence of Tenant or Tenant's employees or invitees, nor shall Tenant be entitled to any Rent abatement for <br />Landlord's failure to maintain the Building or the Leased Premises in accordance with this Lease Section. The foregoing <br />notwithstanding, and subject to Excusable Delays, in the event that (i) Landlord, for any reason, other than by reason of any default by <br />Tenant, fails to provide Tenant access to the Leased Premises or necessary utilities to extent Landlord is obligated to provide utilities <br />as provided for herein and (ii) such failure materially and adversely interferes with the ability of Tenant to conduct its regular business <br />operations from all or a portion of the Leased Premises; and (iii) such failure is not remedied within five (5) business days after <br />Landlord receives actual notice of such failure, then Base Rent shall be abated as of the date of such failure until such failure is <br />remedied, with the amount of such abatement to be equitably and proportionately based on the corresponding level of interference <br />(e.g. the area of Tenant’s suite not usable due to a partial utility issue, such area shall be proportionally abated). The foregoing <br />notwithstanding, if the failure to furnish such utilities is not within Landlord’s reasonable control and continues for a period in excess <br />of ten (10) consecutive business days, then Base Rent shall not be abated after five (5) business days but instead Base Rent shall be <br />abated as of the eleventh (11th) consecutive day of such failure until cured.. Tenant shall further be responsible for the replacement <br />and cost of light bulbs and ballasts within the Leased Premises as well as any windows in the Leased Premises. Tenant shall operate <br />all heating, air conditioning, electrical, and plumbing systems only in accordance with the proper procedure for the operation of the <br />same. Landlord and Tenant agree that the heating, ventilating, and air conditioning systems servicing the Leased Premises are in good <br />repair as of the date of this Lease. Tenant shall provide and pay for janitorial services for the Leased Premises. <br /> <br />7. Alterations. Tenant will not make any alterations, additions, or improvements to the Leased Premises or attach any fixtures, <br />wiring, or equipment to the Leased Premises without first obtaining Landlord's written consent. All such allowed alterations shall be <br />at Tenant's sole cost and expense and shall be in quality at least equal to the present construction, if any. All Tenant alterations shall <br />be the property of Landlord, and, at the termination of this Lease, shall remain part of the Leased Premises; provided, however, that <br />Landlord may, at any time, designate to Tenant which alterations shall be removed by Tenant at the expiration or termination of this <br />Lease, and Tenant shall promptly remove the same and repair any damage to the Leased Premises caused by such removal, all at <br />Tenant's sole cost and expense. For the avoidance of doubt, Tenant will be permitted to install and maintain/replace for its use during <br />the lease and remove at the end of the lease, the following (or similar) IT equipment: <br /> <br />a) 5 Wiring runs <br />1. Two for door access controller & intercom @ Front door <br />2. Three additional jacks in ceiling for the three APs <br />b) 3 APs (in step#1 above) <br />c) 1 Intercom (in step#1 above) <br />d) 1 Buzzer for the front desk (not sure if on wall on desk) <br />e) Mount on wall for the TV that needs to be mounted <br />f) Mounts on the wall for the Projector and Screen that need to be mounted <br /> <br /> <br />8. Signs. Tenant shall not install, paint, display, inscribe, place, affix, or otherwise attach, any sign, fixture, advertisement, <br />notice, lettering, or direction (collectively "Signage") on any part of the outside of the Building or in the interior or other portion of the <br />Building or Leased Premises without obtaining the prior express written consent of Landlord. Landlord reserves the right, in its sole <br />discretion, to review and approve or deny Tenant signage. All signage must comply with the Building rules and regulations and all <br />applicable laws, rules, and ordinances. Tenant shall also be responsible for obtaining all necessary approvals and permits related to <br />any desired Signage. All signage costs, including, but not limited to, installation, removal, and repair, shall be at Tenant's sole cost <br />and expense. <br /> <br />9. Parking. Parking for Tenant will be arranged by and at Tenant's expense. <br /> <br />10. Tenant's Compliance with Environmental Laws. Tenant shall not cause or permit any hazardous material, as defined in <br />those environmental laws applicable to the Building, including, but not limited to, the Comprehensive Environmental Response,