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HomeMy WebLinkAboutContract - Lease for Human Rights Commissions Office - Key S.B., LLC City of South Bend Legal Excellence Accountability Innovation Inclusion Empowerment Visit County-City Building 227 W Jefferson Blvd, Suite 1200 S South Bend, IN 46601 Phone (574) 235-9241 Email: jdorbin@southbendin.gov Website: Southbendin.gov Memorandum To: Board of Public Works, Theresa Heffner, Michael Schmidt, Jenna Throw From: John W. Dorbin, Jr., Assistant City Attorney Subject: Human Rights Commission: Professional Office Space Lease Suite 801: 4,795 square feet, Key Bank Tower, 202 S. Michigan Street Date: November 18, 2024 The Human Rights Commission’s current offices are located at the Michiana Eye Center building. The facilities are 2,975 square feet of professional office space, consisting of 8 offices and a conference room, located at 319 N. Niles Avenue. That lease has expired and the HRC is currently in month-to-month holdover status. The City negotiated with the current landlord and cross shopped other available offices. The outcome of that process was the negotiation of the lease before you, Suite 801 in the Key Bank Building. This suite is 4,795 square feet of professional office space, consisting of 10 offices and two conference rooms, with some additional features the current space does not offer. Because the leases are structured differently (one is a traditional lease with rent plus common area maintenance charge, [“CAM”] and the other a full-service gross lease) the best comparison is the projected “all in” costs for each space, which includes such things as rent, cleaning, security, utilities, etc... On that basis, the projected all in costs are within $380 per month when comparing the current space at the Eye Center to Suite 801. Rent for Suite 801 is fixed at $5,300 for the first two years and $5,618 per month for year three. The lease contains an option for the City to renew for an additional 24 months thereafter, if it wishes. Suite 801 is preferred over renewal of the current offices for the following reasons: • Two more offices and one more conference room, plus space for two cubicles, ensuring sufficient workspace for all employees and visitors, without the need for office sharing. • Limited access (code) bathrooms compared to bathrooms open to the public. • Locking file storage room, eliminating the need to store files in offices and hallways, some unsecured. • Separate break room/kitchenette with a sink for employee use. • Connected to the future City Hall building by elevated walkway, providing a convenient and centralized access for citizens and City employees. Confidential Page 1 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company LEASE For and in consideration of the mutual covenants and promises contained herein, KEY S.B., L.L.C., as "Landlord", and the City of South Bend, an Indiana municipal corporation, as "Tenant", hereby agree as follows: 1. Basic Lease Provisions. The following Basic Lease Provisions are incorporated into and made a part of the Lease. In the event of an inconsistency between these Basic Lease Provisions and the other terms of the Lease, the terms of the Lease (and not the Basic Lease Provisions) shall govern. (a) Leased Premises: Suite 801 consisting of approximately 4,795 rentable square feet 1 (RSF) in the office building known as the Key Bank Tower ("Building") located at 202 S. Michigan Street, South Bend, Indiana 46601, and more fully described and shown in Exhibit "A" hereto (the Leased Premises, the Building, and any other improvements located thereon shall be collectively referred to as the "Property"). (b) Term: Three (3) years. This Lease is effective and enforceable as of the date set forth above. Tenant shall be entitled to early access of the Leased Premises prior to the Commencement Date. Tenant's early access of the Leased Premises shall be for the performance of carpet cleaning and certain IT work/connections and shall be subject to all the terms and conditions of this Lease, other than the obligation to pay Base Rent. Early access of the Leased Premises shall not advance the Expiration Date of this Lease. Landlord shall have the right to charge Tenant for any utility costs incurred as a result of Tenant's early access of the Leased Premises. If during Tenant's early access of the Leased Premises, Tenant desires to have security for the Leased Premises, Tenant shall provide such security at no cost to Landlord. Tenant's right to possession and obligation to pay Rent shall commence on the Commencement Date. Provided Tenant is not in default at the time, Tenant shall have a one-time option to extend the Lease Term for an additional twenty-four (24) month term (an “Extension Option”) exercisable under the following covenants and conditions: (i) Tenant’s extension option rights provided shall be expressly conditioned upon Tenant providing Landlord with written notice of its intent to extend the Lease Term no later than six (6) months prior to the Expiration Date; (ii) Tenant must not have sublet or assigned the Lease; (iii) Tenant must itself be in possession of the Leased Premises; (iv) Tenant’s Base Rent obligations for an extension Term shall be pursuant to the amounts in Lease paragraph 1(e) below; and (v) Tenant shall accept the Leased Premises in the extended Term in its “as-is” condition;. (c) Commencement Date: December 1, 2024. (d) Expiration Date: The last day of the thirty-sixth (36th) complete calendar month following the Commencement Date. (e) Base Rent: $5,300 per month for the twenty-four (24) months of the first and second year of Term and $5,618 per month for the final twelve (12) months of the third year of the Term. If Tenant exercises its Extension Option noted above, Base Rent for the first twelve months of the Extension Term will be $6,393.33 per month and $6,593.13 per month for the second twelve (12) months of the Extension Term. Rent shall be due on the first of the month. (f) Tenant's Share: 4,795 (Tenant's sf) ÷ 115,442 (Building's sf) = 4.15 % (Tenant's Share). (g) Use: Professional office. (h) Notice Addresses: If to Landlord: Key S.B., L.L.C., 750 Trade Centre Way, Suite 100, Portage, MI 49002; If to Tenant: City of South Bend City, County-City Building, 227 West Jefferson Blvd., South Bend, IN 46601; E-mail address: _skennedy@southbendin.gov and klee@southbendin.gov________________________. (i) Exhibits: (A) Leased Premises; and (B) Property Rules and Regulations. 2. Leased Premises. Tenant acknowledges and agrees that it is accepting the Leased Premises in its "as-is" condition. Landlord reserves the right to, from time to time, alter, modify, or rearrange the common area facilities on the Property. 3. Rent. (a) Base Rent: Tenant shall pay Base Rent ("Base Rent") as set forth in the Basic Lease Provisions (Section 1. above), without notice or demand, and without setoff, in equal monthly installments as set forth in the Basic Lease Provisions, in advance, on the 1 Measured per BOMA (Building Owners and Managers Association) International standard (ANSI/BOMA Z65.1-1996) Confidential Page 2 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company first day of each calendar month during the term of this Lease ("Lease Term"). If the Lease Term shall commence on a day other than the first day of a calendar month, Tenant shall be responsible for Base Rent and Additional Rent for such fractional month. Base Rent and Additional Rent are collectively referred to as "Rent". Unless otherwise specifically provided for herein, all sums shall be paid to Landlord at the address set forth in the Basic Lease Provisions. (b) Additional Rent: The following, together with any other charge or expense payable by Tenant under this Lease, shall constitute Additional Rent to be paid by Tenant without setoff or deduction pursuant to this Lease: (c) Additional Rent: The following, together with any other charge or expense payable by Tenant under this Lease, shall constitute Additional Rent to be paid by Tenant without setoff or deduction pursuant to this Lease: (i) Personal Property Taxes: Unless Tenant is exempt from such tax, Tenant shall pay all personal property taxes levied against any of Tenant’s equipment, fixtures, or personal property located at the Leased Premises. (ii) Utilities: Landlord shall pay all reasonable charges for electricity, natural gas, water, sewer. Landlord shall have no responsibility for telephone related services and makes no representations or warranties as to the condition of the Leased Premises utility services. If Tenant's operation or use calls for additional utility service above what is provided by Landlord, Tenant shall be solely responsible for the cost of any additional work required to achieve such service. Tenant shall not be entitled to any Rent abatement for loss or interruption of utility service due to circumstances beyond Landlord’s reasonable control. (iii) Janitorial: Tenant shall pay for janitorial services to the Leased Premises. (d) Insufficient Funds, Special Payment Provisions, and Late Fees: If Tenant makes any Rent to Landlord by a check which is returned to Landlord's bank due to insufficient or uncollectible funds in Tenant's account, Tenant agrees to pay Landlord the sum of One Hundred ($100.00) Dollars per check as a service charge. This service charge will be due as Additional Rent and shall be paid on the first day of the next month, together with Tenant's regular monthly rent payment. In addition, Tenant will provide Landlord with a replacement check in the form of a certified check, cashier's check, or money order. All future Lease obligation payments to be made by Tenant during the Lease Term shall be made by certified check, cashier's check, or money order. Landlord does not acknowledge post-dated checks. All checks are presented for payment the same day as received. Any check received when due, but that is postdated for after the due date, will be subject to a Late Fee. In any leap year, the monthly installment of Base Rent for the February in question shall be increased by an amount equal to one-thirtieth (1/30th) of the monthly rental in effect on February 29 of the year and month in question. If Rent is not paid within five (5) days of when due, Tenant shall pay a Late Fee of the greater of five percent (5%) of each delinquent installment or One Hundred ($100.00) Dollars. The parties agree to work together in the application of Tenant's payments to the various Rents and other lease charges accruing pursuant to this Lease; provided, however, that Landlord reserves the right, in its sole discretion, to apply payments as it may choose. (e) Tenant’s obligation to make Rent payments under this Lease is subject to the annual appropriation of funds by its fiscal body, as required by Indiana law. However, Tenant agrees to take all necessary actions to include the required funds for Rent and other obligations under this Lease in its budget request submitted to its fiscal body each year and to use its best efforts to secure such appropriations. In the event that sufficient funds are not appropriated to satisfy Tenant’s payment obligations for any future fiscal year, Tenant shall promptly notify Landlord in writing, specifying the circumstances and efforts taken to secure the appropriation, and shall work cooperatively with Landlord to explore alternative funding sources, including but not limited to emergency or contingency funds. Should Tenant fail to secure the necessary appropriation in any year, and such failure results in nonpayment under this Lease, Landlord shall have the right, in its sole discretion, to terminate this Lease upon thirty (30) days’ written notice to Tenant, with Tenant remaining liable for all obligations due and owing up to the effective date of termination and vacating the Leased Premises by such date. Tenant acknowledges that the failure to appropriate funds could cause significant hardship to Landlord, and therefore agrees to use commercially reasonable efforts to mitigate the impact of any non-appropriation, including notifying Landlord at the earliest possible time of any anticipated funding issues and assisting in a smooth transition if relocation becomes necessary. Furthermore, Tenant covenants and agrees to act in good faith regarding its payment obligations under this Lease, and its fiscal body shall not withhold appropriations for Rent payments hereunder for the purpose of evading its responsibilities under this Lease, as any such action will be considered a material breach of Tenant’s obligations. 4. Tenant's Use. Tenant shall only use the Leased Premises for the Use set forth in the Basic Lease Provisions outlined in Section 1. above. Tenant shall not use the Leased Premises for any purpose that violates any Building Rules and Regulations or would violate any laws applicable to the Property. Tenant further agrees not to perform any acts or be a nuisance, disturbance, or menace to the other tenants of the Building. Tenant's use shall not be noxious, offensive, morally irresponsible, or violate any applicable laws, rules, ordinances, regulations, permits, approvals, or exclusive use provisions, if any, that benefit other tenants. Tenant further agrees that the Leased Premises will not be used for purposes or uses commonly known as adult bookstores, adult movie houses, X-rated Confidential Page 3 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company bookstores and X-rated movie houses, massage parlors, head shops, houses of prostitution, clinics that perform abortions, anything related to pornography, or other similar uses. 5. Conference Room: On or about the commencement of the lease term, Landlord shall cause the missing light fixture in the conference room to be replaced with a similar and suitable replacement. 6. Maintenance. Landlord will keep and maintain the Building foundation, parking areas, common areas, restrooms, heating/air conditioning servicing the Building, all Building utility systems, and landscaped areas in good repair, ordinary wear and tear and casualty damage excepted. Tenant covenants and agrees to be responsible for the cost of maintaining the Leased Premises in a clean and safe condition in accordance with all applicable laws, ordinances, and regulations; however, Landlord shall be responsible for those repairs necessitated by changes in laws, ordinances, and regulations, upon written notice from Tenant that such work in the Leased Premises is necessary. Furthermore, Landlord shall not be financially responsible for repairs and maintenance caused by the intentional acts or negligence of Tenant or Tenant's employees or invitees, nor shall Tenant be entitled to any Rent abatement for Landlord's failure to maintain the Building or the Leased Premises in accordance with this Lease Section. The foregoing notwithstanding, and subject to Excusable Delays, in the event that (i) Landlord, for any reason, other than by reason of any default by Tenant, fails to provide Tenant access to the Leased Premises or necessary utilities to extent Landlord is obligated to provide utilities as provided for herein and (ii) such failure materially and adversely interferes with the ability of Tenant to conduct its regular business operations from all or a portion of the Leased Premises; and (iii) such failure is not remedied within five (5) business days after Landlord receives actual notice of such failure, then Base Rent shall be abated as of the date of such failure until such failure is remedied, with the amount of such abatement to be equitably and proportionately based on the corresponding level of interference (e.g. the area of Tenant’s suite not usable due to a partial utility issue, such area shall be proportionally abated). The foregoing notwithstanding, if the failure to furnish such utilities is not within Landlord’s reasonable control and continues for a period in excess of ten (10) consecutive business days, then Base Rent shall not be abated after five (5) business days but instead Base Rent shall be abated as of the eleventh (11th) consecutive day of such failure until cured.. Tenant shall further be responsible for the replacement and cost of light bulbs and ballasts within the Leased Premises as well as any windows in the Leased Premises. Tenant shall operate all heating, air conditioning, electrical, and plumbing systems only in accordance with the proper procedure for the operation of the same. Landlord and Tenant agree that the heating, ventilating, and air conditioning systems servicing the Leased Premises are in good repair as of the date of this Lease. Tenant shall provide and pay for janitorial services for the Leased Premises. 7. Alterations. Tenant will not make any alterations, additions, or improvements to the Leased Premises or attach any fixtures, wiring, or equipment to the Leased Premises without first obtaining Landlord's written consent. All such allowed alterations shall be at Tenant's sole cost and expense and shall be in quality at least equal to the present construction, if any. All Tenant alterations shall be the property of Landlord, and, at the termination of this Lease, shall remain part of the Leased Premises; provided, however, that Landlord may, at any time, designate to Tenant which alterations shall be removed by Tenant at the expiration or termination of this Lease, and Tenant shall promptly remove the same and repair any damage to the Leased Premises caused by such removal, all at Tenant's sole cost and expense. For the avoidance of doubt, Tenant will be permitted to install and maintain/replace for its use during the lease and remove at the end of the lease, the following (or similar) IT equipment: a) 5 Wiring runs 1. Two for door access controller & intercom @ Front door 2. Three additional jacks in ceiling for the three APs b) 3 APs (in step#1 above) c) 1 Intercom (in step#1 above) d) 1 Buzzer for the front desk (not sure if on wall on desk) e) Mount on wall for the TV that needs to be mounted f) Mounts on the wall for the Projector and Screen that need to be mounted 8. Signs. Tenant shall not install, paint, display, inscribe, place, affix, or otherwise attach, any sign, fixture, advertisement, notice, lettering, or direction (collectively "Signage") on any part of the outside of the Building or in the interior or other portion of the Building or Leased Premises without obtaining the prior express written consent of Landlord. Landlord reserves the right, in its sole discretion, to review and approve or deny Tenant signage. All signage must comply with the Building rules and regulations and all applicable laws, rules, and ordinances. Tenant shall also be responsible for obtaining all necessary approvals and permits related to any desired Signage. All signage costs, including, but not limited to, installation, removal, and repair, shall be at Tenant's sole cost and expense. 9. Parking. Parking for Tenant will be arranged by and at Tenant's expense. 10. Tenant's Compliance with Environmental Laws. Tenant shall not cause or permit any hazardous material, as defined in those environmental laws applicable to the Building, including, but not limited to, the Comprehensive Environmental Response, Confidential Page 4 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act, as amended; the Clean Air Act, as amended; the Clean Water Act, as amended; and their state and local counterparts or equivalents, either with or without negligence, to be released, stored, produced, emitted, disposed of or used upon, about, or beneath the Leased Premises in any manner prohibited by any applicable laws or by the highest standards prevailing in the industry for the storage and use of such hazardous materials. Tenant shall indemnify, protect, defend (with counsel chosen by Landlord), and hold harmless Landlord, Landlord's affiliates, and their partners, officers, directors, employees, agents (including any managing agent of the Building), and other representatives and their successors and assigns, from and against any and all claims, demands, actions, or liabilities for, and any and all loss or cost (including legal fees and expenses) caused by Tenant's activity on the Leased Premises. Notwithstanding any other obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its sole cost and expense, promptly take all actions, including, but not limited to, remediation required by any applicable laws. Landlord makes no representations or warranties regarding whether any molds, fungus, or other organisms (surface, airborne, or otherwise)(collectively "Molds"), may or may not be present or exist, now or in the future, in or on the Leased Premises and/or the Building. 11. Landlord's Work. Intentionally deleted. 12. Tenant's Work. Intentionally deleted. 13. Insurance. (a) Property Insurance. Tenant shall procure at its cost and expense, and keep in effect during the Term, insurance coverage for all risks of physical loss or damage insuring the full replacement value of alterations and all items of Tenant owned property. (b) Required Coverage: The Tenant shall have the right to self-insure, the City of South Bend carries a blanket insurance policy covering property in which the City holds an interest, which shall include the Leased Premises. In addition, the City is a municipal corporation that is self-insured under provisions of Indiana statutes and local ordinance. Specifically, the City of South Bend is covered by a non-reverting insurance premium and liability reserve fund created by the City of South Bend, Ordinance § 6657-79, pursuant to Indiana Code 34-13-3-4, as amended from time to time. The City's liability limits, subject to change by Indiana statute, are as follows: (i) $700,000.00 for bodily injury, including death for any one (1) person in any one (1) occurrence; (ii) $5,000,000.00 for such injuries for all persons for any one (1) occurrence; (iii) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages. (c) Waiver of Subrogation: Each party hereby waives all claims for recovery from the other party for any loss or damage to any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under that party’s own insurance, subject to the limitation that this waiver shall apply only when permitted by the applicable policy of insurance. 14. Indemnification. Subject to the limitations of liability set forth in Section 13 of this Agreement, Tenant will indemnify Landlord and save Landlord (which, for purposes of this Section, includes Landlord's building manager, Landlord's affiliates, and the respective partners, officers, employees, and agents of Landlord, its affiliates) harmless from and against any and all claims, actions, damages, liability, and expense (including, without limitation, fees of attorneys, investigators, and experts) in connection with: (i) loss of life, personal injury, or damage to property caused to any person in or about the Property, Leased Premises, or arising out of the occupancy or use by Tenant of any portion of the Property, Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, licensees, or invitees, unless such loss, injury, or damage was caused by the gross negligence of Landlord; or (ii) any failure of Tenant to observe, perform, or comply with any of the terms, covenants, and conditions of this Lease. Under the latter case of Landlord negligence, Landlord will indemnify Tenant and save Tenant (which, for purposes of this Section, includes Tenant’s elected and appointed officials, affiliates, officers, employees, and agents) harmless from and against any and all claims, actions, damages, liability, and expense (including, without limitation, fees of attorneys, investigators, and experts) in connection with: (i) loss of life, personal injury, or damage to property caused to any person in or about the Property, Leased Premises, or arising out of the occupancy or use by Landlord or any other person of any portion of the Property, Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of Landlord, its agents, contractors, employees, licensees, or invitees, unless such loss, injury, or damage was caused by the gross negligence of Landlord; or (ii) any failure of Landlord to observe, perform, or comply with any of the terms, covenants, and conditions of this Lease. Confidential Page 5 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company Notwithstanding anything in this Lease to the contrary, Tenant does not waive any governmental immunity or liability limitations available to it under Indiana law. 15. Estoppel. Tenant shall, at any time upon not less than thirty (30) days prior written notice from Landlord, execute, acknowledge, and deliver to Landlord a statement, in writing, certifying such matters related to this Lease as are reasonable and customary, or as Landlord may reasonably request. Tenant's failure or refusal to deliver the aforesaid information in the form provided by Landlord is a default of this Lease. 16. Holding Over. Any holding over of possession after the expiration of the term hereof, with or without the consent of Landlord, shall be construed to be a tenancy from month to month, adjusted to two hundred percent (200%) of the then applicable Rent. 17. Assignment and Subletting. Tenant shall not voluntarily or by operation of law assign, transfer, mortgage, or encumber (collectively "assign" or "assignment") any estate or interest in the Leased Premises without the previous written consent of Landlord. Landlord may treat unconsented to assignments as a default of this section and either: (i) exercise its remedies as set forth in this Lease; or (ii) increase Base Rent to one hundred ten percent (110%). To be effective, any assignment or sublease agreement must be in writing and signed by Landlord, Tenant, and assignee/sub-tenant. Tenant shall remain obligated for all Base Rent after an assignment or subletting, and Landlord reserves the right to look to Tenant or its assignee for any default remedies available to Landlord. Each request for consent to an assignment or subletting shall be in writing, accompanied by a Five Hundred ($500.00) Dollar fee for processing the request. Additionally, Landlord, upon Tenant's written request to assign or sublet this Lease, may elect to terminate this Lease, and Tenant shall vacate the Leased Premises within thirty (30) days of written notice from Landlord. 18. Condemnation. If the Leased Premises, or any portion thereof, are taken or threatened to be taken under any public or private power of eminent domain, or sold by Landlord under the threat of the exercise of said power (collectively "condemnation") so that it would not be practical, in Landlord's sole judgment, to continue to maintain the Building or Leased Premises, this Lease shall, at the option of Landlord, terminate as of the date the condemning authority takes title or possession, whichever first occurs. If this Lease shall continue, Tenant's Rent obligations may be reduced in an amount proportionate to the area and relative value of the portion of the Leased Premises taken by such condemnation. No award for any partial or entire taking shall be apportioned, and Landlord shall be entitled to the full condemnation award. Tenant hereby releases and holds Landlord harmless for any and all consequential damage claims. 19. Casualty. If the Leased Premises, or any part thereof, shall be damaged or destroyed by fire or other casualty, Landlord may, at Landlord's option, elect to terminate this Lease by giving notice to Tenant within thirty (30) days after Landlord receives actual notice of the fire or other casualty, and thereupon the Term shall expire by lapse of time upon the tenth (10th) day after such notice is given. Instead of exercising said option, Landlord may elect, in its sole discretion, to repair or restore the Leased Premises to the condition they were in on the day prior to the casualty, except for those improvements, fixtures, and other items of personal property paid for and installed by the Tenant. Upon electing to repair or restore, Landlord may proceed with all reasonable dispatch to perform the necessary work and Tenant will proceed to restore the improvements, fixtures, and other items of personal property paid for and installed by it. Except as otherwise provided for herein, rent to be paid until such work is completed shall be proportionately abated from the date of the casualty loss. Landlord shall not be liable to Tenant for any delay which arises by reason of labor strikes, adjustments of insurance, or any other cause beyond Landlord's reasonable control, and, in no event, shall Landlord be liable for any loss of profits or income. Notwithstanding the foregoing: (i) Landlord will not have any obligation to repair or restore the Building or Leased Premises if the fire or casualty occurs within the last year of the Term of the Lease (or any extensions thereof) in which event this Lease shall automatically terminate without further obligation of Tenant; (ii) if any holder of indebtedness requires that any insurance proceeds be applied to such indebtedness, then Landlord will have the right to terminate this Lease by delivering notice of termination to Tenant within sixty (60) days of such fire or other casualty; and (iii) there shall be no abatement, apportionment, or reduction in the Lease obligations of Tenant if the damage or destruction is caused by Tenant or Tenant's agents, representatives, employees, customers, or invitees. Any reduced Rent resulting from partial casualty loss to the Leased Premises shall end and the rental rate provided for in this Lease shall resume upon the parties agreement that the repairs to the Leased Premises are complete. 20. Subordination. This Lease and Tenant's rights hereunder shall be subject and subordinate, at all times, in lien and priority, to any first mortgage or other primary encumbrance now or hereafter placed upon or affecting the Leased Premises, and to any junior mortgage or encumbrance, and to all renewals, modifications, consolidations, and extensions thereof, without the necessity of any further instrument or act on the part of Tenant. Tenant shall execute and deliver upon demand any further instrument or instruments confirming the subordination of this Lease to any such liens, if requested to do so by Landlord. 21. Attornment. In the event that Landlord, in its sole discretion, transfers title to the Leased Premises, the Building, or the Property, or in the event any proceedings are brought for the foreclosure of the Building by a Landlord mortgagor, or in the event of a Confidential Page 6 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company conveyance by deed in lieu of foreclosure by a Landlord mortgagor, Tenant hereby attorns to such successor in interest and shall recognize such successor as Landlord under this Lease, and Landlord shall thereafter be relieved of any further obligations or liabilities hereunder, and the successor owner shall assume all of Landlord's obligations and liabilities. 22. Successors. All rights and liabilities herein given to or imposed upon the respective parties hereto shall extend to and bind the several respective heirs, executors, administrators, successors, and assigns of said parties; and if there shall be more than one Tenant, they shall all be bound jointly and severally by the terms, covenants, and agreements herein. No rights, however, shall inure to the benefit of any assignee of Tenant, unless the assignment to such assignee has been approved by Landlord, in writing, as provided above. 23. Liens. Neither Tenant nor anyone claiming by, through, or under Tenant, shall ever, under any circumstances arising out of or relating to the lease, have the power to subject Leased Premises, Property, and/or the Building to a lien, regardless of whether said lien is enforceable against Landlord's interest in the Property. Notwithstanding the foregoing, the Tenant is a municipal corporation pursuant to the laws of the State of Indiana, and nothing in this Lease prohibits Tenant from imposing liens such as tax liens, special assessments, or code enforcement judgement liens pursuant to its municipal powers. 24. Force Majeure A party shall not be liable for any delay or failure in performing its obligations under this Lease, except for the obligation to pay Rent and any other monetary obligations, if such delay or failure is caused by events beyond its reasonable control, including natural disaster, acts of public enemy, riot, strike, insurrection, war, court order, requisition, or order of any governmental body or authority (each a “Force Majeure” event). The affected party shall promptly notify the other party in writing of the occurrence of any Force Majeure event that may affect its performance under this Lease and shall use commercially reasonable efforts to resume performance as soon as possible. Force Majeure shall not excuse or delay the payment of Rent or any other monetary obligation owed by Tenant, nor shall it permit either party to terminate this Lease. However, if a Force Majeure event (excluding casualty events that are addressed separately under the Lease) materially and adversely affects Tenant’s ability to use, access and operate in the Leased Premises for its intended purpose for a continuous period of ninety (90) days or more, then Tenant may elect to terminate this Lease upon thirty (30) days' prior written notice to Landlord, provided that such Force Majeure event is still in effect at the end of such notice period. This termination right is Tenant’s sole remedy for any ongoing Force Majeure event, and Landlord shall have no further liability to Tenant in connection with such termination.. 25. Reserved. 26. Interpretation. Nothing contained in this Lease shall be deemed or construed as creating the relationship of principal and agent, partnership, or of joint venture between Landlord and Tenant. All provisions herein are to be construed as covenants and agree- ments as though the words importing such covenants and agreements were used in each paragraph herein. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where there is more than one Landlord or Tenant, and to either corporations, companies, associations, partnerships, or individuals, males or females, shall in all instances be assumed as though fully expressed in each case. This Lease has been negotiated at arm's length and carefully reviewed by both parties. This Lease should not be construed against the party who originated the Lease. 27. Access. Tenant shall permit Landlord to enter the Leased Premises at reasonable times and upon reasonable notice for the purpose of marketing, inspecting, altering, and repairing the Leased Premises or the Building, ascertaining compliance by Tenant with the provisions of this Lease or the Building Rules and Regulations, or any other reason necessitated by Landlord's ownership of the Building. Notwithstanding the foregoing, Landlord may enter the Leased Premises at any time, with or without notice, in the event of an emergency which, in the sole opinion of Landlord, requires entry into the Leased Premises. 28. Tenant Default and Landlord Remedies. The following occurrences shall be deemed defaults by Tenant: (a) Tenant shall fail to pay when due any Rent or other sum payable under this Lease; (b) Tenant shall abandon or vacate the Leased Premises before the end of the term of this Lease; (c) Tenant shall make a general assignment for the benefit of creditors or become bankrupt or insolvent; (d) Tenant shall discontinue doing business from the Leased Premises or vacate the Leased Premises; and/or (e) Tenant shall be in default of any other obligation under this Lease, and such default(s) listed in (a)-(d) shall continue for thirty (30) days after written notice from Landlord. In the event of a default by Tenant, Landlord shall have the following rights and remedies in addition to all other rights and remedies otherwise available to Landlord pursuant to this Lease: (a) Landlord, upon written notice to Tenant, shall be entitled to immediately accelerate the present value of the full balance of the Base Rent payable for the remainder of the Lease Term; and (b) Landlord shall have the right to terminate this Lease upon written notice to Tenant without prejudice to any future damage claims for rents or other sums due or to become due under this Lease. Should Landlord take possession pursuant to legal proceedings, Landlord may either terminate this Lease or, from time to time, without terminating this Lease, relet the Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental rates and terms and conditions as Landlord, in the exercise of its sole Confidential Page 7 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company discretion, deems advisable. Landlord shall be entitled to recover the difference in the Lease Rent from the reletting rent from Tenant, with the right to make alterations and repairs to the Leased Premises. No right or remedy herein conferred to Landlord shall be exclusive of any other right or remedy provided herein or by law (including consequential damages), but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or equity or by statute. 29. Landlord Default and Tenant Remedies. Landlord shall not be in default under this Lease unless Landlord fails to complete performance of the obligations required of Landlord within thirty (30) days after receipt of written notice by Tenant to Landlord, specifying that Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than the specified cure period is required for performance, then Landlord shall not be in default if Landlord completes performance within sixty (60) days after receipt of written notice by Tenant. In the event Landlord does not commence performance within thirty (30) days after written notice from Tenant, then Tenant may (a) terminate this Lease without further obligation, or (b) provide written notice to Landlord that Tenant intends to perform the obligation on Landlord's behalf, and Tenant shall have the right, but not the obligation, to take such minimum action as is reasonably necessary under the circumstances to perform such obligation. All work done in accordance herewith must be performed at a reasonable and competitive cost and expense (taking into account the circumstances of the obligation). To the extent such work performed by Tenant is Landlord's responsibility under this Lease, Landlord shall reimburse Tenant, within thirty (30) days after Landlord's receipt of a reasonably documented invoice for any reasonable sums paid or reasonable costs incurred by Tenant in curing the default. No right or remedy herein conferred to Tenant shall be exclusive of any other right or remedy provided herein or by law (including consequential damages), but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or equity or by statute. 30. Reserved 31. Rules And Regulations. Tenant covenants and agrees that Tenant, its agents, officers, employees, contractors, licensees, and invitees will, at all times, observe, perform, and abide by all of the general terms and conditions contained in the rules and regulations attached hereto as Exhibit B. Landlord reserves the right to rescind, alter, or waive any such rule or regulation when, in its sole judgment, it deems it necessary or desirable. Landlord shall not be responsible to any tenant for the non-observance or violation by any other tenant of any of the rules or regulations at any time prescribed for the Building. 32. Wiring And Cabling. Tenant shall have the right, subject to Landlord's prior written approval, to use building shafts, conduits, and equipment rooms in the Leased Premises and other parts of the Building for the installation and maintenance of conduits, cables, ducts, pipes, and other devices for data processing devices, telecommunication equipment, supplementary HVAC, and other facilities consistent with Tenant's Use of the Leased Premises. Within thirty (30) days after the expiration or sooner termination of the Lease, or at any time that any of the wires installed in the Building by Tenant under this Section are no longer in active use by Tenant, Landlord may elect ("Election Right") by written notice to Tenant to: (i) retain any or all wires, cables, and similar installations appurtenant thereto ("Wires") installed by Tenant within the Leased Premises or anywhere in the Building outside the Leased Premises; or (ii) remove any or all of the Wires and restore the Leased Premises or the Building, as the case may be, to their condition existing prior to the installation of the Wires ("Wire Restoration Work"). Landlord, at its option, may require Tenant to perform all or part of the Wire Restoration Work at Tenant's sole cost and expense. The provisions of this Section shall survive the expiration or sooner termination of the Lease. 33. Surrender. Tenant agrees to surrender to Landlord, at the end of the Lease Term or upon any termination of this Lease, the Leased Premises in as good condition as the Leased Premises were at the Lease Commencement Date, ordinary wear and tear excepted. Any damage to the Leased Premises resulting form the removal of trade fixtures or other items of personal property must be repaired at Tenant's expense. If Tenant does not make such repairs or restorations within thirty (30) days of a written demand from Landlord, Tenant shall pay the commercially reasonable costs incurred by Landlord in connection with repairing or restoring the Leased Premises, designated on demand by Landlord. Tenant shall be required to turn over all keys to Landlord upon surrender of the Leased Premises. 34. Entire Agreement. This Lease, and the exhibits and the rules and regulations, represents the entire agreement between the parties. It may not be amended, altered, or modified unless done so in writing by both parties. No rights, covenants, easements, or licenses may arise by implication. 35. Survival. All obligations arising prior to the termination of this Lease, and all provisions of this Lease allocating responsibility or liability between the parties, including, without limitation, the indemnity provisions contained in this Lease, shall Confidential Page 8 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company survive the termination of this Lease. No obligation which survives the Term of this Lease shall give Tenant any possessory interest in the Leased Premises or have the effect of extending the Lease Term. 36. Authority. Tenant represents and warrants that Tenant has the capacity and authority to enter into this Lease. If Tenant is a corporation, Tenant represents and warrants it is a duly organized and validly existing corporation in good standing and that the person executing this Lease has the requisite authority to bind the corporation to the terms of this Lease. If Tenant is a partnership, Tenant represents and warrants that it validly exists and that the person executing this Lease has the requisite authority to bind the partnership to the terms of this Lease. 37. Notices. All notices, payments, demands or requests required or permitted to be given pursuant to this Lease shall be in writing and shall be deemed to have been properly given or served upon personal delivery, or upon the second (2nd) business day after being deposited in the United States mail, postpaid and registered or certified with return receipt requested; or when sent by private courier service for same day delivery or one day after being sent by private courier service for next day/overnight delivery. The time period in which a response to any notice, demand, or request must be given shall commence on the date of receipt by the addressee thereof. Rejection or other refusal to accept delivery or inability to deliver because of changed address, of which no notice has been given, shall constitute receipt of the notice, demand, or request sent. Any such notice, demand, or request shall be sent to the respective addresses set forth in Lease Section 1(h) above. 38. Miscellaneous. Neither party shall commit to any waste, damage, disfiguration, or injury to the Leased Premises or any parts of the Building, including fixtures and equipment. Any legal action between the parties related to this Lease shall be conducted in St. Joseph County, Indiana, State Courts and governed in accordance with the laws of the state in which the Leased Premises is located. Each party expressly and unconditionally waives its right to a jury trial on any legal issue, claim, or action involving this Lease or arising out of the same. This Lease has been negotiated at arm's length and carefully reviewed by both parties. This Lease should not be construed against Landlord or Tenant. One or more waivers of any covenant or condition by Landlord or Tenant shall not be construed as a waiver of a subsequent default of the same covenant or condition. The consent or approval by Landlord to or of any act of Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or of any subsequent similar act by Tenant. All exhibits referred to in and attached to this Lease are hereby made a part of this Lease. Submission of this Lease does not constitute an offer. This Lease shall remain valid and enforceable to the fullest extent permitted by law even if one particular section is held invalid by a court of law. No rights to light or air over any property, whether belonging to Landlord or any other person, are granted to Tenant under this Lease. If any clause, sentence, provision, Section or Article of this Lease is invalid or unenforceable to any extent, then the remainder of this Lease shall continue in full force and effect and be enforceable to the fullest extent permitted by law. The word "Landlord" in this Lease includes Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of Landlord hereunder which subsequently accrue. Except as specifically provided in this lease, Landlord shall not be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive, or special damages or any other liability of any kind. Neither Landlord, nor any principal of Landlord, nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Leased Premises; Tenant shall look solely to the equity of Landlord in the Property, the rents and profits and insurance proceeds therefrom for the satisfaction of any claim by Tenant against Landlord. 39. Execution. This Lease shall be binding and enforceable upon execution by both parties on the last date written below (the "Effective Date"). Facsimile or electronically transmitted signatures shall have the same effect as originals. [Signature page below.] Confidential Page 9 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company Landlord: Tenant: KEY S.B., L.L.C. CITY OF SOUTH BEND /s/ /s/ By: By: Its: Its: Date: Date: Witness: Witness: Witness Name: Witness Name: Where Tenant is a corporation or limited liability company, the above signed warrants that he/she is an officer of the corporation/company and is duly authorized to execute this agreement on behalf of Tenant. Landlord may require a certified corporate resolution attesting to that fact. This Lease shall be effective only when it is signed by both Landlord and Tenant. Tenant's submission of a signed lease for review by Landlord does not give Tenant any interest, right or option in the Leased Premises. November 26, 2024 Confidential Page 10 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company EXHIBIT A – LEASED PREMISES Confidential Page 11 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company EXHIBIT B – PROPERTY RULES AND REGULATIONS Tenant shall comply with the following schedule of rules and regulations and take such actions as are necessary to ensure compliance by its agents, contractors, and invitees. All rules and regulations set forth in this schedule shall be in addition to and shall in no way limit the provisions of the Lease. 1) Landlord shall have the right to control and operate the public portions of the Building and the facilities furnished for the common use of Tenant, in such manner as Landlord desires. 2) Tenant shall be responsible for all persons for whom it authorizes entry into or exit out of the Building, and Tenant shall be solely liable to Landlord for all acts of such persons. 3) No roof access will be granted. 4) All parties using the landscaped grounds shall not litter or damage the grounds and shall comply with all state and municipal laws, ordinances, and rules and regulations pertaining to the use thereof. 5) No awnings, shades, drapes, pictures, or other projections shall be attached to the Building or the Leased Premises except for those of a quality, type, design, and color approved by Landlord, in writing. 6) Landlord shall not be responsible for lost or stolen money or property. 7) The walls, partitions, skylights, windows, doors, and transoms that reflect or admit light into passageways or into any other part of the Building shall not be covered or obstructed by Tenant. 8) Tenant, its agents, servants, employees, invitees, licensees, or visitors shall not place objects against glass partitions, doors, or windows that would be unsightly from the interior or exterior of the Building. 9) No sign, advertisement, notice, or other lettering shall be exhibited, inscribed, painted, or affixed by any Tenant on any part of the outside or inside of the Leased Premises or the Building, without the prior written consent of Landlord. Tenant shall not display or affix any sort of "for lease" or "for sublease" sign, advertisement, or notice. No sign, advertisement, or notice shall display the name or logo of a real estate brokerage company or of a competitor of Landlord's. In the event of a violation of the foregoing by Tenant, Landlord may remove same without any liability and may charge the expense incurred by such removal to Tenant. 10) No equipment, furniture, showcases, or other articles shall be put in front of or affixed to any part of the exterior of the Building or placed in the halls, corridors, or vestibules. 11) In the event that Tenant must dispose of crates, boxes, etc., which will not fit into office waste paper baskets, it shall be the responsibility of Tenant to disassemble and dispose of same. In no event shall Tenant place such items for disposal in the public hallways or other general areas of the Building. 12) Tenant shall not sweep or throw any dirt or other substance from the Leased Premises out any window or door or into any of the halls or corridors of the Building. 13) Tenant shall keep the Leased Premises illuminated in a manner approved by Landlord during all hours required by Landlord. 14) The toilet rooms, toilets, urinals, wash bowls, and water apparatus shall not be used for any purposes other than for those for which they were constructed or installed. 15) Tenant or its agents, servants, employees, invitees, licensees, or visitors shall not use any additional method of heating or air conditioning the Leased Premises. 16) Except as expressly provided for in Tenant's Lease, no electronic devices shall be installed in connection with any Leased Premises without the prior written approval of Landlord. Such installations, and the boring or cutting for wires, shall be made at the sole cost and expense of Tenant and under the control and direction of Landlord. 17) There shall be no marking, painting, drilling into, or in any way defacing any part of the Leased Premises or the Building. No boring, cutting, or stringing of wires shall be permitted. 18) No bicycles, vehicles, or animals, birds, or pets of any kind shall be brought into or kept in or about the Building or Leased Premises (except ADA required assistive animals), and no cooking (except for heating frozen entrees, brewing coffee, tea, or similar beverages, or the use by Tenant of similarly approved microwave ovens shall be permitted, provided that such use is in compliance with the law) shall be done or permitted by Tenant on the Leased Premises. 19) Tenant shall not conduct or permit any fire, bankruptcy, auction, or going out of business sales. 20) Tenant shall not make, or permit to be made, any vibration, disturbing noise, light, odor, or other condition to emanate from the Leased Premises, or from any machine or other installation therein, or otherwise suffer, allow, or permit the same to constitute a nuisance or otherwise interfere with the safety, comfort, or convenience of Landlord or any of the other occupants of the Building or neighboring buildings. Tenant, its agents, servants, employees, invitees, licensees, or visitors shall not permit the operation of any musical or sound producing instruments or devices which may be heard outside of the Leased Premises, the Building, or the garage, if any. 21) Tenant shall not store or use flammable, combustible, explosive, or illuminating fluid, gas, or materials of any kind. 22) No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or mechanism of the Leased Premises or the Building. The doors leading to the corridors or main halls shall be kept closed during business hours except as they may be used for ingress or egress. Any need for additional keys to the Building or to the Leased Premises must be submitted to Landlord in writing (in accordance with Lease notice provisions) and shall be made at the sole cost of Tenant. Tenant shall, upon the termination of its tenancy, restore to Landlord all keys for stores, offices, storage areas, and restrooms. Tenant shall pay the cost of replacing any locking devices occasioned by Tenant's failure to return keys. 23) Landlord reserves the right to prescribe the date, time, method, and conditions that any personal property, equipment, trade fixtures, merchandise, or other similar items shall be delivered to or removed from the Building. All damage done to the Building by the delivery or removal of items to and from Tenant's Leased Premises, or by reason of Tenant's presence in the Building, shall be paid from Tenant to Landlord immediately upon demand. 24) No smoking is permitted in the Building or on the Property or its common areas. 25) Landlord shall have the right to approve, in advance, any company or person supplying to the Leased Premises spring water, ice, coffee, soft drinks, towels, or other like services. Confidential Page 12 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company 26) Landlord shall have the right to prohibit any advertising by Tenant which, in Landlord's opinion, tends to impair the reputation of the Building or its desirability as a building for offices, and, upon written notice from Landlord, Tenant shall refrain from or discontinue such advertising. 27) If the Leased Premises becomes infested with vermin as a result of Tenant's negligence, Tenant, at its sole cost and expense, shall cause the Leased Premises to be exterminated from time to time to the satisfaction of Landlord, and Tenant shall employ such exterminators as shall be previously approved by Landlord in writing. 28) Tenant, its agents, servants, employees, invitees, licensees, or visitors shall not use the Leased Premises, the Building, or surrounding grounds for lodging or sleeping, or for any immoral or illegal purpose. 29) Tenant employees and visitors will not park in the designated "reserved for handicapped" or "reserved" stalls. There will be no parking in any area of the Property other than those areas clearly marked and defined for parking. Parking shall be on a first come first serve basis except for reserved spaces. 30) Tenant, its employees, and visitors will be expected to park their cars in an orderly manner within the marked stalls provided. 31) It is recommended that car(s) be left in a "brakes on, doors locked" condition at all times. 32) No car will be allowed to park in any driveway area or in any manner which will interfere with the normal flow of traffic. 33) Cars parked illegally may be ticketed or towed at car owner's expense. 34) Tenant's company vehicles shall only be parked is those areas designated by Landlord, in its sole discretion. 35) Landlord or Landlord's agents and employees shall not be liable and Tenant waives all claims for damage to person or property sustained by Tenant or any person claiming through Tenant, resulting from any accident or occurrence in and upon the parking area. 36) Tenant shall, before closing and leaving the Leased Premises at any time, see that: (a) all windows are closed; (b) the doors are securely locked; and (c) all water faucets, electrical switches, and other utilities are shut off (so as to prevent waste or damage). 37) No canvassing, soliciting, distribution of hand bills or other written material, or peddling shall be permitted by or through any Tenant in the Building, and Tenant shall cooperate with Landlord in the prevention and elimination of same. 38) Tenant shall give Landlord prompt notice of all accidents to, or defects in, air conditioning equipment, plumbing or electrical facilities, or any part of the appurtenances of the Leased Premises. 39) The needs and requests regarding the Building may be attended to only upon application at the Management Office of the Building. Tenant employees shall not perform any work or do anything outside of the regular duties, unless under special instruction from the Management of the Building. 40) No water cooler, plumbing, or electrical fixtures shall be installed by Tenant without Landlord's prior written consent. 41) Access plates to under-floor conduits shall be left exposed. Where carpet is installed, carpet shall be cut around access plates. Where Tenant elects not to provide removable plates in their carpet for access into the under-floor duct system, it shall be Tenant's responsibility to pay for the removal and replacement of the carpet for any access needed into the duct system at any time in the future. 42) Tenant acknowledges and agrees that all its employees, vendors, and contractors have been fully informed as to the content of these Rules and Regulations. 43) Violation of these Rules and Regulations, or any amendments thereto, shall be a default under the Lease and shall be sufficient cause for termination of the Lease at the option of Landlord. 44) Landlord may, upon request by Tenant, waive the compliance by Tenant of any of the foregoing Rules and Regulations, provided that: (a) no waiver shall be effective unless signed by Landlord or Landlord's authorized agent; (b) any such waiver shall not relieve Tenant from the obligation to comply with such rule or regulation in the future unless expressly consented to by Landlord; and (c) no waiver granted to Tenant shall relieve any other tenant from the obligation of complying with the foregoing Rules and Regulations unless such other tenant has received a similar waiver, in writing, from Landlord. 45) Landlord reserves the right to make reasonable amendments, modifications, and additions to the Rules and Regulations heretofore set forth, and to make additional reasonable Rules and Regulations, as, in Landlord's sole judgment, may be needed from time to time for the safety, care, cleanliness, and preservation of good order of the Building. Such changes will be in writing and be made a part of Tenant's Lease Agreement. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: November 15, 2024 Name: John Dorbin Department of Public Works – Engineering Division BPW Date: Meeting November 26, 2024 Phone Extension: Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney Attorney Name John Dorbin Jessica McClain Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Three Year Lease for Human Rights Commission Office Space Project Number Funding Source Account No. PR/PO # Amount Terms of Contract Special Contract Provisions Purpose/Description HRC’s lease has expired. This is a new three year lease for office space for the HRC in the Key Bank building. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: