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t <br /> LEASE <br /> THIS AGREEMENT, made and entered into this 16th day of October, 2014(the"Effective Date"), by and between THE SOUTH <br /> BEND REDEVELOPMENT COMMISSION,for and on behalf of the City of South Bend,Department of Redevelopment,1400 S County-City <br /> Building,227 W.Jefferson Blvd.,South Bend,Indiana 46601,hereinafter referred to as"Landlord",and Tapastrie LLC,an Indiana limited <br /> liability company,with offices at 105 W.Colfax,South Bend,Indiana 46601 hereinafter referred to as"Tenant",and in consideration of <br /> the parties' mutual undertakings,agree as follows: <br /> ARTICLE I-LEASE OF THE PREMISES <br /> SECTION 1.1. BUILDING. Landlord owns a parcel of real estate in St.Joseph County,Indiana,located at the northwest corner of <br /> Michigan Street and Colfax Avenue in South Bend,Indiana,commonly known as the Palais Royale and Morris Civic Theater Complex and <br /> referred to in this Lease as the"Building." The Building includes the Premises referred to in Section 1.2 below which address is 201 North <br /> Michigan Street. <br /> SECTION 1.2. THE PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord,upon and subject to <br /> the terms and provisions of this Lease,the space outlined on Exhibit A,which is 201 North Michigan Street containing approximately <br /> 3,500 square feet on the ground floor and 2,400 square feet in the basement which shall for purposes of this Lease be the number of <br /> square feet contained within the Premises,which space will be referred to hereinafter as the"Premises". The Premises is located entirely <br /> within the Building, and is included in the term "Building" in this lease. Exhibit A shows only the approximate shape of the Premises. <br /> Minor variations in square footage and space leased may occur and the parties to this Lease agree that such minor variations are not <br /> material or important. <br /> ARTICLE II—IMPROVEMENTS <br /> SECTION 2.1. INSTALLATIONS. Except as set forth below in this Section 2.1, Tenant shall be responsible for all costs and <br /> expenses of all improvements to the Premises. The Tenant shall be responsible to contract for installation of all Tenant leasehold <br /> improvements using licensed and bonded construction personnel approved in writing by Landlord in advance. Plans and Specifications <br /> and the contractors for Tenant's leasehold improvements must be approved, in writing, by Landlord before construction begins,and <br /> Landlord agrees to respond to Tenant's request for approval within seven (7)working days. If Landlord fails to respond in writing to <br /> Tenant's request for approval within fifteen (15) days, then approval shall be deemed given. Construction may not begin on any of <br /> Tenant's leasehold improvements until Landlord has approved the Plans and Specifications. The improvements set forth in Exhibit B are <br /> approved by Landlord and Tenant. Tenant may enter the Premises rent-free but otherwise subject to all of the terms and conditions of <br /> this Lease beginning on the Effective Date for the purposes of completing the tenant improvements permitted hereunder and completing <br /> other tasks in preparation to open for business. During such period and at any other time prior to the commencement of the Term, <br /> Landlord shall have no responsibility or liability for loss or damage to trade fixtures or equipment installed or left on the Premises. <br /> If during construction of the tenant improvements listed on Exhibit B,the construction reveals any issues to the structural parts <br /> of the Building,Landlord shall be responsible for costs incurred in connection with remedying such issues. For purposes of this Section 2.1 <br /> only,structural issues shall include any issues which arise in connection with the outer walls,foundation and interior support columns as <br /> well as any mold or mildew damage found within the walls to be renovated in connection with the tenant improvements. In the event <br /> that Tenant claims any issues relating to mold requiring Landlord's remediation under this Section 2.1,Tenant shall engage a licensed <br /> inspector to test the portion of the Premises affected. If the resulting test shows that mold remediation is required,then Landlord shall <br /> be responsible for overseeing the remediation at its costs and expense. Notwithstanding anything to the contrary contained herein, <br /> Tenant shall be responsible for the cost of any repairs that are needed due to the fault or negligence of Tenant or its contractors,agents, <br /> employees or invitees. <br /> SECTION 2.2 OWNERSHIP OF IMPROVEMENTS. Except for moveable equipment and furniture, all alterations, additions, <br /> improvements and fixtures, including without limitation floor covering, lighting fixtures, ducts, controls, diffusers, filters or other <br /> equipment for distribution of heating or cooling,which are presently installed or which may be made or installed by either of the parties <br /> hereto upon the Premises or adjacent areas of the Building,and which in any manner are attached to the floors,walls,ceilings or races,is <br /> -1- <br />