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SUB-SUBLEASE
<br />THIS SUB-SUBLEASE (this "Lease") is made and entered into as of the day of
<br />July, 2008, by and between the SOUTII BEND REDEVELOPMENT COMMISSION.
<br />governing body of the South Bend Department o£ Redevelopment, hereinafter referred to as
<br />"Landlord", and KITE REALTY EDDY STREET' GARAGE, LLC, an Indiana limited liability
<br />company, hereinafter referred to as "Tenant". The City of South Bcnd, Indiana, a political
<br />subdivision and municipal corporation of the State of Indiana, is a party to this Lease for the
<br />purposes stated on the .Toinder hereto. Capitalized terms used in this Lease and not defined in
<br />this Lease shall have the meanings ascribed thereto by that certain Development Agreement,
<br />dated February 15, 2008, by and among the South Bend Redevelopment Authority, the South
<br />Bend Redevelopment Commission, the City of South Bend, Indiana, and Kite Realty Group, L.Y.
<br />(the "Development Agreement").
<br />RECITALS
<br />WHEREAS, the South Bcnd Redevelopment Authority (the "Master Tenant") has
<br />heretofore issued its $36,000,000 aggregate principal amount lease rental revenue bonds, dated
<br />as of March 18, 2008 (the '73onds"), which proceeds (together with other resources available to
<br />the Master Tenant) shall be used to pay the costs to construct the Public Infrastructure
<br />Improvements.
<br />WHEREAS, in furtherance of the Bond financing, Kite Realty Eddy Street Garage, LLC
<br />(the "Master Landlord") has entered into that certain Lease with respect to the land being
<br />described on Exhibit A attached hereto and made a part hereof; dated as of June , 2008 (the
<br />"Master Lease"), by and between the Master Landlord, as landlord, and the Master Tenant, as
<br />tenant.
<br />WIIEREAS, pursuant to the Bond financing, the Master Tenant has entered into that
<br />certain Lease with respect to the Demised Premises (defined below), dated as of October l5,
<br />2007 (the "Sublease"), by and between the Master Tenant, as sublandlord, and the South Bend
<br />Redevelopment Commission, as subtenant.
<br />WHEREAS, Landlord desires to Icase the Demised Premises to Tenant, and "Conant
<br />desires to lease the Demised Premises from Landlord, pursuant to the disposition process of
<br />Indiana Code 36-7-14-22 and the terms and conditions of this Lease.
<br />ARTICLE I.
<br />LEASE OF TIIE DEMISED PREMISES
<br />Section 1.1. TIIE DEMISE. Landlord hereby leases to T~cnant, and Tenant hereby
<br />leases from Landlord, upon and subject to the teens and conditions of this Lease, that certain real
<br />estate located in St. Joseph County, Indiana, being described on Exhibit A attached hereto and
<br />made a part hereof, together ~~~ith any and all impro~~ements, fixtures, hcrcditamcnts, easements
<br />and appuilenances thereunto belonging or in any way appertaining thereto, including without
<br />limitation. the Parking Garage (collectively, the "llemised Premises").
<br />1/Z I H3 186. I
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