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LEASE AGREEMENT <br />THIS LEASE AGREEMENT ('Lease ") made this day of <br />2014, by and between CITY OF SOUTH BEND, INDIANA, (hereinafter referred to as <br />"Lessor "), and ST. JOSEPH COUNTY, INDIANA, acting for and on behalf the PUBLIC <br />SAFETY COMMUNICATIONS CONSORTIUM OF ST. JOSEPH COUNTY, INDIANA, <br />(hereinafter referred to as "Lessee "); <br />RECITALS <br />A. Ordinance 79 -13, passed by the St. Joseph County Council on January 14, <br />2014 and approved by the Board of Commissioners of the County of St. Joseph, Indiana on <br />January 15, 2014, established the Public Safety Communications Consortium of St. Joseph <br />County, Indiana (the "Consortium "). <br />B. The Board of Commissioners of St. Joseph County, Indiana ( "County "), <br />the City of South Bend, Indiana (`South Bend "), the City of Mishawaka, Indiana <br />(`Mishawaka "), and the Clay Fire Territory (`Territory ") each serve as a Public Safety <br />Answering Point ( "PSAP ") operator for one (1) of the four (4) PSAPs in the County. <br />C. Pursuant to Indiana Code 36 -8- 16.7- 47(e), the Parties entered into an <br />interlocal agreement ( "Interlocal Agreement ") under Indiana Code 36 -1 -7 with every other <br />PSAP operator in the County to ensure that the County does not contain more than the number of <br />PSAPs authorized by Indiana Code 36- 8- 16.7 -47(c) after December 31, 2014. <br />D. As of the date of the execution of the Interlocal Agreement, the <br />geographical boundaries contain four (4) PSAPs: (i) St. Joseph County Sheriff PSAP (`County <br />PSAP "), (ii) City of South Bend Police Department PSAP (`South Bend PSAP "), (iii) City of <br />Mishawaka Police Department PSAP (`Mishawaka PSAP "), and (iv) Clay Fire Territory PSAP <br />(`Clay PSAP "). <br />E. On or before December 31, 2014, the geographical boundaries of the <br />County shall contain no more than two (2) PSAPs. <br />F. Pursuant to the Interlocal Agreement, the governance and administration <br />of all PSAPs in the County shall be under the control and authority of the Consortium, acting by <br />and through the County, and actions of the Consortium's Executive Board. <br />G. On or before August 1, 2014, the County, acting for and on behalf of the <br />Consortium, desires to enter into a lease for the space in the City of South Bend Police <br />Headquarters currently operating as the South Bend PSAP for the purpose of consolidating the <br />County PSAP, the South Bend PSAP and the Clay PSAP into one PSAP to be temporarily <br />located in such space. <br />US.54381124.05 <br />