6.F.(1) Sub-Sublease with Kite Realty Eddy Street Garage

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MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (this "Memorandum") is made as of the day of July. 2008, by and between the SOUTII BEND REDEVELOPMENT COMMISSION, governing body of the South Bend Department of Redevelopment ("Landlord"), and KITE REALTY EDDY S"TREE"I~ GARAGE, LLC, an Indiana limited liability company ("Tenant"). REC11'ALS A. Landlord and Tenant entered into that certain Lease, dated July , 2008 (as the same may be hereafter amended, the "Lease"), pursuant to which Landlord leased to Tenant and Tenant Ieased from Landlord that certain real estate located in St. Joseph County, Indiana, being described on I?xhibit A attached hereto and made a part hereof, together with any and ali improvements, fixtures, hereditaments, easements and appurtenances thereunto belonging or in any way appertaining thereto (the "Premises"). B. Landlord and Tenant desire to execute and record a memorandum of the Lease. NOW, THEREFORE, for and in consideration of the foregoing premises, the Lease and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby represent and acknowledge the following: L Capitatizcd terms used in this Memorandum and not defined in this Memorandum shall have the meanings ascribed thereto by the Lease. 2. The term of the Lease is for a period commencing on the first to occur of (a) the date that the construction of the Parking Garage is complete, or (b) the date selected by Tenant (the "Commencement llate") and expiring on the first to occur of (i) February 15, 2033, (ii) the date upon which all outstanding Bonds have been redeemed, or (iii) the date upon which the Master Lease and/or the Sublease expires or is terminated. 3. Landlord and Tenant desire to record this Memorandum for the purpose of placing the public on notice of the Lease, all of the provisions of which are incorporated herein by reference with the same force and effect as if herein set forth in full. Nothing contained in this Memorandum is intended to or does modify or expand in any way any of the terms or provisions of the Lease, and the I_,ease shall determine and govern the rights and duties of Landlord and Tenant in all respects. 4. This Memorandum may be executed by the parties on separate counterparts, each of which shall to be deemed an original, but all of which, taken together, shall constitute one and the same instrument. I/Z 18d2~6.1