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07-28-14 Council Agenda & Packet
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07-28-14 Council Agenda & Packet
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7/25/2014 4:07:10 PM
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
7/28/2014
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ARTICLE II <br />USE AND OCCUPANCY <br />2.1 Use. Lessee covenants that the Premises shall be used as an active PSAP <br />serving South Bend, the County and the Territory during the period commencing upon the <br />relocation of the County PSAP and the Clay PSAP to the Premises. Upon consolidation of such <br />PSAPs with the Mishawaka PSAP and the initiation of operations at the Consolidated Dispatch <br />Center, the Premises shall thereafter be used as a backup PSAP facility to the Consolidated <br />Dispatch Center to be used as the primary PSAP when necessary, and for such other purposes as <br />may be incidental thereto, and for no other purpose without the prior written consent of Lessor. <br />2.2 Restrictions. Lessee shall not (a) commit or permit waste to the Premises, <br />(b) permit or suffer any nuisance or hazardous, unsafe or unpleasant condition to exist in the <br />Premises, (c) create or permit any obstruction or annoyance to, or interference or hindrance with, <br />occupants of adjacent buildings or (d) cause or permit Lessee's agents, employees or contractors <br />to violate such insurance requirements, such rules and regulations or any laws, statutes, <br />ordinances and regulations of governmental authorities having jurisdiction over the Building or <br />the use and occupancy thereof. In addition, Lessee shall not (a) use the Premises for the <br />handling, processing, treatment or disposal of any hazardous waste, material or substance, as <br />defined by any applicable laws, statutes, ordinances and regulations of governmental authorities <br />having jurisdiction over the Building or the use and occupancy thereof (the "Hazardous <br />Substances "), or (b) store or use any Hazardous Substances in the Premises, except for such <br />storage and usage of those types and amounts of Hazardous Substances as may be necessary for <br />the operation of an office. Lessee shall not stockpile Hazardous Substances or otherwise store or <br />use in the Premises more Hazardous Substances than are necessary for office use and will be <br />used with reasonable dispatch. All storage, usage and transportation of Hazardous Substances <br />shall be conducted in compliance with all applicable laws, statutes, ordinances and regulations of <br />governmental authorities having jurisdiction over the Building or the use and occupancy thereof, <br />and Lessee shall take all necessary and appropriate safety precautions in connection with such <br />storage, usage and transportation. <br />ARTICLE III <br />RENT <br />3.1 Rent. Lessee shall pay as base rent for said Premises, without relief from <br />valuation or appraisement laws, and without demand, reduction or offset of any kind, the <br />following: <br />Period <br />Monthly Base Rent <br />"Base Rent" <br />August 1, 2014 — September 30, 2015 <br />October 1, 2015 — July 31, 2034 <br />Base Rent shall be paid in advance on the first day of each calendar month throughout the Term <br />to the attention of Lessor at , South Bend, Indiana, 46601, or such other <br />place as Lessor may from time to time designate in writing. <br />-3- <br />US.54381 124.05 <br />
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