6.B.(5) Real Estate Purcahse and Site Work Agreement

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EXHIBIT E COMMERCIAL LEASE This Lease is entered into between the SOUTH BEND REDEVELOPMENT COMMISSION ("Landlord") and TxE 1100 CORPORATION, an Indiana corporation ("Tenant"). Recitals: A. Tenant owns the land and all buildings and improvements thereon located at 1100 Prairie Avenue, South Bend, Indiana 46601 (the "Property") B. Tenant leases the Property to Underground Pipe & Valve Incorporated, an Indiana corporation ("UPV") C. Pursuant to the terms of that certain Real Estate Purchase and Site Work Agreement dated , 2009 by and among Landlord, Tenant, and the City of South Bend (the "Purchase Agreement"), Landlord agreed to purchase the Property from Tenant. D. The Purchase Agreement provides that Landlord shall lease the Property back to Tenant in accordance with the terms of this Lease until such time as UPV is able to relocate its business to a new building located on a site to be provided by Landlord in the Oliver- Industrial Park (the "Oliver Park Building"). NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated by reference into this Lease, the parties agree as follows: 1. Agreement to Lease. Subject to all the provisions of this Lease, Landlord leases to "Tenant and Tenant leases from Landlord the Property. 2. Term. This Lease shall begin on the date of the closing of the Landlord's purchase of the Property ("Lease Commencement Date") and end on the date that is thirty days after the completion of construction of the Oliver Park Building ("Lease Termination Date") 3. Use. Tenant shall continue to lease the Property to UPV pursuant to the teens oI~ the lease between Tenant and UPV as such maybe amended from time to time. 4. Rent. As rent for use of the Property, Tenant agrees to pay Or7e Dollar ($ l .OU). The rent shall be due on the Lease Commencement Date.