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Home My WebLink AboutHopeSoccerComplexSecond Amendment S 1 �G Chris Swope Lansing City Clerk rcHi � August 5, 2016 President and Council Members 10th Floor City Hall Lansing, MI 48933 Dear President and Council Members: My office has received and placed on file: Hope Sports Complex Lease, Second Amendment This document is available for review at the office of the City Clerk or at http://www.lansingmi.gov/clerk under the heading of Documents Placed on File. Sincerely, C�*, Chris Swope, CIVIC Lansing City Clerk Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 517-483-4131 • TDD 517-483-4479. 517-377-0068 FAX www.lansingmi.gov/clerk • clerk@lansingmi.gov OFFICE OF THE MAYOR 9th Floor,City Hail ' 124 W. Michigan Avenue " Lansing, Michigan 48933.1694 (517)483-4141 (voice) (517)4 79(TDD) (517)483-6066(Fax) Virg Berrrera, Mayer i- o a TO; City Clerk Chris Swop G FROM: Mayor Virg Dernero DATE: July 29,2016 RE: Hope Sports Complex Lease-------Second Amendment Please Find attached the second amendment to the Hope Sports Complex Lease to be placed on file with your office for 30 days, VB;rh Attachment "Equal Qpporiunity Employer" SECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT TO LEASE (the "Amendment")is dated effective as of 2016 (the "Effective Date") and is entered into by and between the City of Lansing, a Michigan municipal body corporate with a primary address of 124 W. Michigan Avenue,Lansing,Michigan 48933 ("Landlord" or the "City") and Mid-Michigan Sports Turf, LLC, a Michigan limited liability company with a primary address of 2111 Merritt Road,East Lansing,Michigan 48823 ("Tenant"). Recitals: A. Landlord and Tenant entered into that certain Ix se dated June 24, 2013, attached hereto as Exhibit A,which was amended by that certain Amendinent to Lease dated June 5,2015,attached hereto as Exhibit B (collectively the "Lease"), for premises located at 5901 Aurelius Road, Lansing, Michigan 48911 ("Premises"). R Landlord and Tenant desire to modify certain provisions of the Lease to provide for an extension of the lease term in consideration of Tenant constructing and operatuig the Expansion Improvements defined below. NOW,THEREFORE,for and in consideration for the foregoing Recitals, which are incorporated herein by reference, the mutual covenants and agreements set forth below and other good and valuable consideration,the receipt and adequacy of which are acknowledged,Landlord and Tenant; intending to be legally bound, agree as follows; 1. Term 1,1. The Lease Tenn is hereby extended twenty (20) years from the Effective Date ("Lrxtended Term")and shall terminate automatically on July 1,2036 ("Extended Expiration Date"}. 1.2. Pursuant to Section 3, if, to the satisfaction of Landlord in its sole discretion, Tenant shall have invested the applicable total Private Investment for at least three (3) Expansion Improvements on or before the applicable Pledged Completion Date, then the Lease Teruo will be extended automatically for an additional thirty (30) years and shall terminate automatically on July 1, 2066 ("Optional Extended Expiration Date"); provided, however, that any matters that require the approval of City Council, including, but not limited to, Tenant's request for approval of a Brovnifield Plan pursuumt to Section 4.4, shall be decided by the City Council, 2, bent 2.1. Commencing on the Effective Date, the Annual Base Rent shall be $10,000.00 for the first ten (10) years of the Extended Term, The Annual Base Rent shall increase $1,000,00 per year for each additional year thereafter until the tL-rmination of the Lease, The Director of the Department of Parks and Recreation (tire"Director") shall apply a ininimurn of fUty percent(50%)of the Rent to the expansion of youth scholarship programs and initiatives for residents of the City of Lansing. Such youth scholarship programs and initiatives shall be chosen or created by the Director in his or her sole discretion. 3. purts€at� napraucnaent� 3.1. Tenant anticipates requesting Landlord's approval to construct and operate-, at Tenant's sole cast and expense, some or all of the following improvements ("Expansion Improvements") summarized in the chart below. Landlord's approval and the construction and operation of such improvements shall be governed by the terms of this Amendment and Sections 7, 10 and other sections of the Lease. Expansion Improvements Expansion Name of Description oflmprovement Pledged Completion .Private Improvement Improvement Date Investment 1 "Alydome" A dome in which grass sports can be December 31, 2021 $3,000,000 played. 2 "Sports Science Structure which will house the Sports December 31, 2021 $2,000,000 Pavilion" Science Program, 3 "Professional United States first professional soccer December 31,2026 $2,500,000 Soccer academy. (Most costs are soft, i.e. setting Academy" players to move here,flights,salaries for coaches etc. 4 "Housing for Dormitory with two-hundred(200)beds. December 31,2026 $4,000,000 Student Athletes" 6 Other Additional fields,utilities, lighting, December 31,2026 $3,500,000 Improvements en inecrin , etc.,to su ort build out 5 Soft Costs far December 31,2026 $2,000,000 Private school start u Total December 31, 2026 Im rovements $17,000,000 3.2. Without limiting Sections 7 or 10 of the Lease, all alterations or improvements which Tenant constructs, including the Expansion Improvements, shall be governed by the development agreement entered into between Tenant and the City(the"Development Agreement"), and shall, without limitation; (i) be constructed at Tenant's sole expense; (ii) comply with all insurance requirements established by Landlord and shall not commence until Tenaait has supplied Landlord with insurance endorsements reflecting satisfaction of such insurance requirements; (iii) comply with all local, state, and federal laws and regulations including, but not limited to, such rules, regulations and guidelines established by the Michigan Occupational Safety and Health Administration and Michigan Department of Environmental Quality; (iv) be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and with new good quality materials; (v) be constructed in accordance with such plans and specifications approved in writing by Landlord; 2 1 (vi) not create a risk of any release of ha7Ardous substances or materials or violation of Landlord's insurance policies; and (vii) not be commenced until Tenant has obtained a payment and performance bond(s) covering faithful performance of the construction contract for the improvements and payment of obligations arising there under as specifically required in the applicable contract documents. Form of the bonds shall be subject to approval of the Landlord, The amount of each bond shall be equal to one hundred percent(100%) of the contract sum of each construction contract for which hond is provided; provided, hog;;ever, that Landlord may waive or modify the requirements of this Subsection 4.1 (vii) by providing written notice to Tenant M. Landlord may, but shall not be obligated to monitor construction of any improvements, Tenant shall reimburse Landlord, within ten (10) days of Landlord's presentation of an invoice, for all of Landlord's actual, reasonable out of pocket costs in reviewing plans and specifications and in monitoring construction. Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or supplying materials, prier to beginning such construction. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, avid Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations, 3.4. Nothing in this Amendment shall bind or obligate the CITY OF LANSING PLANNING OFFICE or the CITY OF LANSING OFFICE OF BUILDING SAFETY with respect to any decisions, determination rejection or approval that the offices nuance related to improvements or alterations at the Premises including without limitation any of the following matters: zoning, site plans, construction documents, issuance of any building permits or approval of any construction. Tenant shall be solely responsible for securing all requirement permits and approvals from such offices outside of the terms of this Amendment. 3.5. The Tenant may, in connection with its construction and operation of the Expansion Improvements, seek approval of a.Brownfield Plan, as defined by PA 381 of 1996, as amended, from the City and the Lansing Brownfield Redevelopment Authority. 3.6, Landlord's approval and/or consent under this Section 4 and Section 10 of the Lease shall not be unreasonably withheld, delayed, or conditioned, 4. Sale ofAleohol and Use of Premises 4.1, Tenant shall be permitted to operate the existing structure and outdoor service area, commonly known as Cleats Bar and GiVe (the "Cleats Facility"),for the sale of beer and wine, Tenant must, at its sole cost and expense, and as a condition of selling beer and wine., obtain the reqnired governmental approval as evidenced by a license or permit to sell beer and wine (the "Liquor License"), Tenant, at its own expense, shall comply with all the terms of the Liquor License, applicable law, the rules and regulations promulgated by any alcoholic beverage control board and by Landlord, which rules and regulations as promulgated by the Lmidlord may also concern the manner in which alcohol is sold and served within the Premises, including but not limited to pricing, promotions or "giveaways". Under no circumstances shall Tenant sell package goods (i,e., alcoholic beverages in unopened or sealed containers) on or from the Premises, Under no circumstances shall Tenant permit alcoholic beverages to be sold on the Premises outside of the Cleats facility. Should flnture developments and/or demands arise such that Tenant wishes to sell alcohol in a manner not in conformance with this Section, Tenant may seek the approval and/or support from the Landlord; such approval and/or support shall be given at the sole 3 discretion of the .Landlord; provided; however, that any and all sales of alcohol on the Premises shall comply with all the terms of the Liquor License, applicable law,the rules and regulations promulgated by any alcoholic beverage control board and by Landlord, which rules and regulations as promulgated by the Landlord may also concern the manner in which alcohol is sold and served within the Premises, including but not limited to pricing, promotions or "giveaways", Any such approved nonconformities shall be codified in an amendment pursuant to Section 103. In addition to the insurance required in Section 15 of the Lease, Tenant also shall take out and keep in force at its expense a liquor law liability insurance policy with limits, for each occurrence, of not less than One Million Dollars ($1,000,000) (increased from time to time as required by Landlord), pursuant to which Landlord shall be named as an additional insured. Tenant hereby indemnifies Landlord and shall hold Landlord harmless from and against any action or inaction on the part of Tenant, its principals, employees, patrons or agents that violate the terms of the Liquor License or any Laws now in force or hereafter enacted pertaining thereto or the provisions of this Section, 4,2, Tenant will rise the Premises and operate the Hope Sports Complex ("Complex") and Cleats Facility mad any Expansion Improvements constructed in a careful, safe turd proper manner and will not commit waste or subject the Premises to use that would damage the Premises. Tenant shall not permit or take any action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger occupants of the neighboring parcels. At no time shall Tenant use or permit any person to use the Premises in any manner which violate or create a liability under any Legal Requirements, At all times Tenant shall ensure that the Premises is in, and that the Complex and Caeats (or the Expansion Improvements if constructed) are operated in, full compliance with all Legal Requirements including without limitation the Americans With Disabilities Act and all rules and regulations and guidance provided by the Michigan Department of Environmental Quality, In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements, Landlord shall provide written notice to Tenant of such non-compliance, Upon receipt, Tenant shall have thirty (30) days to take actions necessary to bring the Premises into compliance with the applicable Legal Requirements, If,aver such thirty (30) day period, the Premises are still not in compliance with applicable Legal Requirements, Landlord may, but in no event shall not be obligated to, take such actions as may be required to bring the Premises into compliance with applicable Legal Requirements, and Tenant shall reimburse Landlord for all cost which L,midlord incurred in taking such actions within 10 days of Landlord's invoice to Tenant, Failure to operate the Complex or Cleats in full compliance with all Legal Requirements and the terms of this Lease shall be deemed a material default and Landlord shall have all rights and remedies accorded to it in law or equity including without limitation the termination of the Lease. "Legal Requirements" shall be defined as all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, 4,3. Tenant shall continue full operations of the Complex at all times during the Lease Term. At no time during the Lease Term shall Tenant vacate the Premises or suspend any operations at the Premises, During the months of November through March, Tenant may meet its obligations to continue full operations of the Complex without actually hosting activities on the l't•emises or operating Cleats so long as it maintains the Premises in good order and condition, maintains a website proanoting the Complex and continues to take reservations for the coining season and complies with any additional reasonable requirements of Landlords' insurer to insure reasonable safety and security and with such other requirements Landlord may established for the Premises when in a vacant state. 4A Tenant shall, at all times during the Lease Term and any extension thereof, comply with all reasonable rules and regulations at any time or from time to time established by Landlord coveting use of the Premises, the Complex; Cleats, any Expansion Improvements or ether improvements err activities constructed or commenced by'17ensrnt on the Premises. 4 5. .insurance 5,1, In addition to the requirements of Section 15 of the Lease, Tenant shall also maintain in full force and effect through the Lease Term contractors pollution liability coverage in an amount of not less than $1,000,000.00 per occurrence and not less than $3,000,000.00 in the aggregate (increased from time to time as required by Landlord). Tenant shall also require all contractors that perform any construction, repairs, maintenance, or other work on the Premises to name Landlord and Tenant as additional insured on all policies, 6. Services,Repairs and Maintenance 6.1. Landlord shall not be responsible for the provision of any services to the Premises or to Tenant, nor shall Landlord be responsible for any maintenance or repairs to the Premises, but all services to and repairs, maintenance and replacement of the Premises shall be solely the obligation of Tenant. Tenant shall repair any and all damage to the Premises. All repairs shall be performed in a good and worlananlike order and shall be of quality equal to the original improvement or landscape being repaired. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days from Tenant's receipt of Landlord's notice or earlier if Landlord determines that such failure to repair is creating a safety issue, Landlord may perform such work and be reimbursed by Tenant within 30 days after demand therefor, 7, Security Deposit 7.1. Tenant tendered a Security Deposit of $15,000.00 under the Lease. Landlord shall retain the Security Deposit as security for the performance by Tenant of all of its Lease obligations. The Security Deposit shall not bear interest. If Tenant at any time fails to perform any of its obligations under this Lease, including, without Iimitation, its Rent or other payment obligations, its restoration obligations, or its insurance and indemnity obligations, then Landlord, at its option, tray apply the Security Deposit (or any portion) to cure Tenant's default or to pay for damages caused by Tenant's default. If the Lease has been terminated, then Landlord may apply the Security Deposit (or any portion) against the damages incurred as a consequence of Tenant's breach, The application of the Security Deposit shall not limit ,Landlord's remedies for default under the terms of this Lease, If Landlord depletes the Security Deposit, in whole or in part,prior to the Expiration Date or any termination of this Lease,then Tenant shall restore immediately the amount so used by Landlord. Within 30 days after the expiration or earlier termination date of this Lease, Landlord shall refund to Tenant any unused portion of the Security Deposit after first deducting the amounts, if any, necessary to cure any outstanding default of Tenant, to pay any outstanding damages for Tenant's breach of the Lease, or to restore the Premises to the condition to which Tenant is required to leave the Premises upon the expiration or termination of the Lease. 8. Subleases or Assignments 8.1. Tenant shall not assign this Lease or sublet the Premises, without the prior written consent of Landlord, which shall not be unreasonably withheld, delayed, or conditioned. Any attempted assignment or subletting without Landlord's consent shall be invalid. No assigturent or subletting shall be binding upon Landlord unless Landlord has approved such assignment or sublease in writing and the assignee or subtenant has delivered to Landlord an instrument containing an agreement of assumption of all of Tenant's obligations under this Lease. If Tenant, with or without the previous consent of Landlord, does assign or transfer this Lease or any estate or interest therein in any manner, Tenant will not be released in any way from any of its obligations under this Lease. In the event of any assignment or sublease, Landlord shall have the right to 50% of all consideration and/or rents provided to Tenant for such assignment or sublease above and beyond the amount of annual rent due hereunder. Upon the occurrence 5 t of an event of default, if all or any part of the Premises are then assigned or sublet, Landlord, in addition to any other remedies, shall have the right, but not the obligation, to collect directly from the assignee or subtenant all Rent becoming due to Landlord. Any collection by Landlord from the assignee or subtenant shall not be construed as a waiver or release of Tenant from the further performance of the covenants of this Lease or the making of a new lease with such assignee or subtenant. The restrictions and obligations set forth under this Section 8 shall not be deemed to limit Tenant's right to rent playing fields on the Premises for the Permitted Use as defined herein. Tenant shall notify Landlord in writing within ten (10) days after a change of members whose interest in the company is more than 10%and/or (a) if Tenant is a partnership, the withdrawal or change, whether voluntary, involuntary or by operation of law, of partners owning 10% or more of the partnership, or the dissolution of the partnership; (b) if Tenant consists of more than one person, an assignment, whether voluntary, involuntary, or by operation of law, by one person to one of the other persons that is a Tenant; or (c) if Tenant is a corporation, any dissolution or reorganization of Tenant, or the sale or other transfer of a more than 10%the capital stock of Tenant. 9. Breach,Reentry, Termination Section 22.1 is hereby amended as follows: Each of the following shall be deemed an event of default: (i) Tenant's failure to make payment of Rent due hereunder within ten (10) days after Tenant's receipt of written notice of such failure from Landlord; or GO Tenant's failure to perform any of the covenants of this Lease for more than thirty 30 days after Tenant's receipt of written notice of such failure from Landlord; or (iii) if Tenant shall petition for relief under the bankruptcy laws, or shall make an assignment for the benefit of creditors, or if a receiver of any property of the Tenant be appointed in any action, suit or proceeding by or against Tenant, or if Tenant shall admit to any creditor or to Landlord that it is insolvent, or if the interest of Tenant in the Premises shall be sold under execution or other legal process, or if Tenant shall abandon the Premises. 10, Naming Rights 10.1. The naming or renaming of the Premises, fields, playing surfaces or any structures constructed thereon must be approved by the Landlord in writing. Such approval shall be given in the Landlord's sole but reasonable discretion. The Landlord shall receive, as consideration for its grant of a name change, an amount equal to thirty percent(30%)of the revenue attributable to the name change. 11. Miscellaneous 11.1. This Amendment contains the entire agreement with respect to the matters described herein and is a complete and exclusive statement of the terns thereof and supersedes all previous agreements with respect to such matters. 11,2, Any and all provisions of the Lease not altered or modified by this Amendment remain in full force and effect. 11.3. Any capitalized terms not defined herein shall have the same meaning as defined in the Lease. The Lease and this Amendment may not be altered or modified except by a writing signed by the Parties hereto. Unless expressly stated otherwise in this Amendment, and subject to the City of Lansing City Charter, where consent, approval, authority or agreement of the City is required or requested under this Amendment or any other agreements referenced herein, such consent, approval, authority or agreement may be negotiated and provided by the Mayor(the"Administration"). 11.E. Time is of the essence in this Amendment with respect to the performance of all covenants. 6 11.5, All questions with respect to the construction of this Amendment shall be determined in accord with the laws of the State of Michigan. 11.6. Reference in this Amendment to persons, entities and items have been generalized. Therefore, reference to a single person, entity or item will also mean more than one person, entity or thing whenever such usage is appropriate(for example, "Tenant" may include,if appropriate, a group of persons acting as a single entity, or as tenants-in-common). Similarly, pronouns of one gender should be considered interchangeable with pronouns of the other gender. 11.7, This Amendment shall be binding on successors and assigns. Any obligation or prohibition of Tenant shall be deemed to apply to Tenant's officers and owners, representatives agents, employees, contractors, subtenants, guest, invitees and licensees ("Tenant's Parties") and any violation of the obligations or prohibitions of Tenant by Tenant's Parties shall be deemed a violation of Tenant. 11.8. If any covenant of this Amendment shall be invalid, illegal or unenforceable, such covenant shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining covenants shall not in any way be affected or impaired. This Amendment shall not be construed to favor Landlord or Tenant, Subject to Lansing City Charter Section 8-403.6 and Lansing Codified Code of Ordinance 208.10(a), Landlord reserves all rights in the Premises within the twenty-five (25)foot area along the bank of Sycamore Creek and referenced threin. 11.9. This Amendment may be executed in one or more counterparts, and such counterparts as have been executed by both parties hereto shall each be deemed to be an original instrument. Landlord and Tenant agree to accept a digital image of this Amendment,as fully executed, as a true and correct original and admissible as best evidence to the extent permitted by a court with proper jurisdiction. 11.10. In the event either party hereto initiates litigation to enforce the terns and provisions of this Amendment,the non-prevailing party in such action shall reimburse the prevailing party for its reasonable attorney's fees,filing fees,and court costs. 11.11, Tenant represents and warrants to Landlord that it has dealt with no broker, agent or other person in connection with this transaction and that no broker, agent or other person brought about this transaction, and Tenant agrees to indemnify and hold.Landlord harmless from and against any claims by any other broker, agent or other person claiming a commission or other form of compensation by virtue of having dealt with Tenant with regard to this leasing transaction. [SIGNATURES ON THE FOLLOWING PAGE] 7 IN WITNESS 1 HEREOF,Ladlord and'Tenant have executed this Lease as of the Lease.Date. LANDLORD: TENANT: The City of Lansing, Mid-Michigan Sports'Tur£,LLC, a Michigan municipal corporation a Michigan hinited liability compwiy B B w ' Nae: Virgil N .. L�.L 1�[d�lV1 m Its: Mayor, City of Lansing Its: Approved as to form: By: Narne; Chris Swope Its; Lansing City Clerk Approved as to form: By: -- _ Name: Jim SmiGrcka Its: Lansing City Attorney To the extent required,funds are available; By: _ Nwne: Angela.Bennett Its: Finance Director Exhibit A [Lease Agreement] ,3 Y v LEASE TF1"TS LEASE is made by and between Landlord andTme-at,Who agrcz as follows, 1. Raslc leas Pravtsion3 F L L Landlard;� City of Lansing,a Michigan mvru dpal bey . GOP1)4Cftt�• 1.2, Landlord's Primary Address; 124 W,Michigan A'vataue L nsiug,Michigan 48933 and Foster eccm uz',ity Ccntpr 20O No Foae•fitted Lansing,Michigwa 46912 1.3. Tenant: Mid-Mi chigan Sports T ttf,LLC, a Michigan limier habIty ,olgany, 14. Tvuatd's Prir=7 Address; 2111 Mcixitt Roaa EaA LaminK,Michigan 48823 115, Lease Date; June 24, 2013 L6, Prm-dsm: 'Me p-„operkycoMzMztly known as5301 Aurelius Road,Lansing,Michigan 48911, as n7,ore patdicularly described an Exlilbit A attached llaew, e 1.7, Trim: 39 M(Mths I's, CommPa ixmcnt Date, duly M,2013 119, Tevminatim Date, May 20, 2018, subject tp earlier tcrmbation as provided horcdn. 1,10, Anu &JBz�eRoIIts 1.,13, Security'Deposit., $15,QOf)s00 1,14, DcsignatedUse: P;us>aant to Section 7 balow, subject try any and all other restrictions stated herein. 2= Prendses 2.1, Landlord,imam the Premises to Tenant, Tenant has inspected the Prey Wsos utid is sattsfiM with tlke carirlitiori of the prmliszs, including the blvddings thereon O'HuildiagsjD, Tenant aecopis %c P=isw in Y its pru=t"as is"condition, and Tenant shall, at its solo cost and expose, make all repairs xyeaesnary to tnaintain U,ia Premises, at a rrtuaitnum, in its rawrent condition as of the Cotnmenceoient Date during the tfani of this L ir,, This obligation of the Tenant shall include, but,not be lirmtecl to, all improvements, modiftoatims or alteratium to or on.the Premises approved in writing by tho Landlord, 3, Term 3,1E The,Tenn oftNs Tease will aommmc©can the Commana=enj Date, ate,-unless sooner ternvrated or extended in accordanoc with the proNisions of this Lease,twninate on the Termination Date, 12, On.the`I ctYta natYon Dato, this Lease shall autczatically terminate Oithout any further• action by either Party hereto, 4, Rend 4.1, Tmmit shall pay to Landlord the Azaaual base lC'mt, The Annual Base Rent shall be paid pxo-rated far any partial year in which the Annual Baso Rent is owed, In the event of a tm-Mination of this T,aase by dthex Party hmoto, the Tent shall not be aatiiled to a partial refund of the manual Basra RLnt paid by, Tctamat to Landlord, Ilse Annual Dmr,Rtnt for year 2013 shall be paid to the Landlord on or bcfnte the Commencement Date, The Annual Ttase Rent for subsqu.ent years shad be paid by the Tent on or before 5,00 pm, 13ST of the 15" day of January (the "Rant Day"), The f4ilute of the Tenant to timely m.cilce any AmW Base Rcnt Pnymom shall onstituto a defaalt or material breach and entitle Landlord to all rmnedies stated hen inc�ludmg,btit not kmited to,terrrJnatica offt Tease, 5, Taxes aced A-vsessrnents 51 The Parties acknowledge that Preanisos is caarcutly rot whjeci to roal property tax., Howevor, should the taxable status of the Premisos change pnd oth rwisD be subject to re properly taxaticua, Tenant � shah be responsible for all areal property taxea,including but not limited to ad valorem taxes, alssessmesata (gcnes•all, speraal, ordinary or exti'aordinaary) sewer rants,rates and chargew taxes based upon too receipt of root(other than fe&xg swt'o and local inr:omo Wm), and any other federal, stato or local charge(g oil, apetial, ordinary or oxtraordinary) wbich may now or homer be imposed, levied or asaossed against tho Premises, .Taasr_t shall pay stash taxes, woessmenta, and curer Jiaxges.whic,4 shall bmume, du e anA Payable or a Icn or both after the dnto hereof before the same become subject to penalties, and shall' produce av dmoo of tho payment of such taxes and 4ssessments to Lattcllored in too fonts of the paid receipt #'corn (he xnia i ipal taxing rind tassess ng authoritiea at least tw (10) days prior to the date on which sazch f axe8 and msesa9ments are dno, 5,2, Tertant alisll pFy in fall to the approptiaic taxing awlioro, before delinquent, 411 a amciprrh, county, and state foxes assessed, leFTleri or m►posed upon "Tmuurt's lea elwld itatcreat and all £urnitur., fixtures, toachinmy, equipmeut, apparatus, systems and all other personal property of a y land located at, plaoed in of used in ounnectiota with tbo Prarnhses or Its operation, axl Tenant shall produce evidence oftho payment of such taxes to Landlord in the forth of-tee paid reecipt firm the municipal taxing and assessing authorities tit least teas(10)days prior to f.e date on which such taxes are due, �i. LTNr#Ies 6,1, Tenant shall pay as Emd when they become due all charges directly to the applimble selyloo providor far waiter, gas, heut, electricity, sewer, rdbse ooliection, jatukoriaL servioes, phone and othaz • - 2 utilities used upon or furnished to the Premises, Any and all security deposits required by tho compstriw providing such utilities shall be tlxe sole rospoasibility of Tenant, 7, Use of Premises 7,1, The Premises shall be used, occupied and operated by Tenant for the priuwy puxposa of Tenant r field capacity for .sporting,evea.ls, garner and praction (the `°Designated. Use"), subjecA to the roattictions statr4 herein, and for no other purpose Withaut the j)rior wrltton consent of Landlord. My request by the Tenant to use the Premises for any other pu-~poso ad.. �than thus Designated Use stated above shall be.made in writing to the Director of P arks and Recreation for the City of Lansing, 7.2. Tent shall be pormittod to operate and sell food and nonalwholic beverages subject to any local, state or fMaat laws and regulations, ",Canaan.t is expressly prohibited from offiritlg for sale any alcoholic beverage on tiro Premises without the p6or written ennsent of the Landlord, Any request by the Tenant to offex alcoholia beverages for sale on the Premises shall be%adz in writing to the Director of Parks and Recreation for the City of Lansing, and is subject to at othca local,state and fe3aral laws and regulations, 7,3, Temmt shall be expressly prohibitod charging any form of fee for persons parkit<g On the � Premises without the prior written oowQ t of the Laxsdloid. Any request by the Tenant to chesgo arry farm of ppxkng f;,e on the Premises shall,be made in writing to the Director,of parrs and Recreation for the City of Laming, 7A, ''1 cawit shall not use a permit any person to use the Prcmmises in atjy marmer which violates or would,crento liability order fW aai, atato or local lawn, ordin€um, rul©s, rogulAtkms or policies, Tenant shall not (either with ar wit6ut iiu"cme) cause or portrait tho escape, diaposal a release of any biologically or chemically aotive or other hamdous scibs:anew errmittaia.ls in vialaiton of applicable laws, Tenant shall not allow the'storAge oz use of such substances or mnteaiais in any manrier not sanctioned bry law, or allow to be brought intu the P`rcafles any such matericas or subst"oos oxoept to use in the ordinary course of Tenant's busineps. Without lbnitatlo*n, hnardous substances and materials sill includes those doacrlbed in the Compix-lica w Bnvitomnental Response, Compmsafion and Liability Act of 1990, as €niimded, 42 U,S.C, Seaffu l 9601 et seq,, the Ru mme Conservation and Recovory Act, as axacagidrd, 42 U,S,C, Seett m 6901 ut meq,, any applicable state or looal law and the regulations adopted under thoaa Acts. In,all events, Tenant ehAl indemnify Landlord ire the manner elsewhere provided lti Lease against pay liability rmubig from Any raleasrj of lazaxdous s bAmous or muteriah on thcl'remises caused by Tent or persons acting uruier Tenant, Tenant shu,ll obtain rind tn�n=y perruit9, Hcgnse's, auf orizatigns, rind approvals required by applicable statutes, codes, ordinances, and rules and regulations for `he use and occupancy of tho Prwiisos for the Designated Use. 7,5, The Pae—.�R exprevsly acknowledgo the cwcnt cmironni,mtul condition of the ProraisLa,incltidtng, but not limited to the fact that all or a pigtim of the Promise9 was farinerly used as a landfill. As such, Tenarxt shall not do or permit to be done any act which will invalidate or be in conflict with any insurawo ` policy named by or for the bcnafit of Landlord with respect to the Pecnaie or which might subjrrt Lan&ord to any liability, mr ghuIi Tenant keep anything in fae Promises accept os permuted by the fire department, hoard of fire undenvritcts, or other authority having jurisdiction, and then only hi such trawler m not to increase the insurance taro for the Premises,nor use the Premises hi.a nixnncr'Whim_will increase the insmatice rate far the Prewis m 3 * n g. Schaduung�f Buena OR the Premises and Rat" 8,1� Tenant is responsible for sclieduling Paid vcse i*playing fields on the Pren>isro-, and all moneys received by. Tenant for the use of any playing field on #lie Promises helcmgs to Teinent, Tenant shall schedule time oa all playhig fields ott a first.00me,first-serve basis without regard to temm or affhation 4rnd shall maiw all reasonable efforts to sohedule playing aid time an a fair and equitable basin. To reserve or schedule tine on any playing field oin the Pranises,Tenaa l is r equirec[,�i receive half of the total field rental rate at the timo of reservation and the balance within t ti(10)days of the date trite field will be used, 8.1 No preferenco will be given to any person, organization, conpavy or team with regard to scheduling playing field time, except, Tmattt eWosaly agrees to provide a preference to the needs and ncheula ioque tz of the City of Lansing Parks and.Recreation DTartmmt fctr connmunity based sports programs, 8.3, TmEat aaknoNvledgos that prior to the Come.=mrtetst Date, the City of L nab and. lnxlmm County, Michigan,had an existing fifteen(IS)year lease in plue-c for the Premises. As such, Tenant agrees to honor a7ad lecep all existing sehe", ed or reserwd playing field tithes as of the Curnmcnomncmt Date, M With ttgarij to the rat.tal rato charged for playing field time, Tetnmt agrees to charge the sane rate to all persons, organizatrioivs, compani and teams for use of playing fields on +.be Premises except as atatod below %, r.the Lansirbg Dopartmmt ofPwics and Recreation, Priar to the Comiunce:dxt+zrLt Data, .for year 2013, Arad prior to January 15th of each subsequent year during the term of this Lease, Tent shall suW1 a rate schedule detailing the rate at wi ich Twent will charge for use of the playing fields to Landlord for written approval, subject to the Landlord's sole discretion, by the Director of Parke and Rectea ion for the City of Lansing, The rate schedule to be approved by tho Landlord shall provide for a reduced rate for playing field time reamed or sehedulcd by the LausiW Parr nA Recreation Departmorrt, • 'I 91 B'n 'irvnmen)W1 Condition of the J'remiws 91, Any "Response Action" or retnudiation rwuired ,clue to a teleaso, dischargo, disposal, or exacerbation of a previous release, caused by the ants or oaniesiom of Tenant or Tenant's afgctts, employees, NPresrnttativeas, cortraotors, guests or invitee shall be miTloteii tit the solo cost and expense of Tenant And Tmmt shall htdcsnnify, hold lu n lass and defdtd Lartellord ogawt any and all claims whether they are roada by a government agency wilt judsdiotion over fhe Pruporty or a third party ririaing front or related to a redeaso, discharge,d_gposal, or eatacerbation of a previous relcasb at the Property, 10. lftWroveniew to the Pretnisssl 10,1, Tenant is striotly prohibited flora. constrtw* any structure, or altering, modlfyng or Improving any portion of the Prenlise3, oar city flxtarc� or strut Lure thereat, Without tho prior written consent of Ltndlord, Any request by Tenant for altering,mad* Ig of improving any portion of tho prcrtnisw, or any Exture or structuro thereon shall be mado to Director of Panes and Rwreatiou for the City of Wising. With regard to ally request made by Temrnt under this sectioA, the Landkrd's written approval shall be contingent.on the Parties roaching an agreement governing aL aspe_-ts of the Atcration or improvemeant and said agm-mont ahall automatically be incorporated into this Lease as an Appendix hereto, 10,2.� Tenant shall be required to construct, at Tenant's sole cost, at least o=full�fzee ate ftoial turf sport field uuitable for soccer on the Premise r, Construction of the turf field shall be cctztopte[M within ono (1) year from the Cclnnnenoement Date, The Mcy construction zetltzircnents, type of turf a9ad loodtion wt=t,iza the Prerilgos shall all be subjact to approval by Landlord, This contractual obligatitnt of Tunt is not intended to r6eve Tenant of its obligation to seek Lauidlord's written approval for the as coxateinplated under the pxecedbg sedum or to rdiova Tenant Born obtaining proper buif&g permits or approvals from the City of LRnsin , or any othcr local, state or fuleral wxitton approvals neeassary to, constuat such an hMrovernmt on Ptt�jniam, being a folrin.er landfill slto, Tenant is solely responsible and liable for obtaining all nereRsaiy written approval from arty local, slate or federal ageocy, office or aepturtiment, 11., Security Deposit Tenant sb.all ba YcqOE4 to tender the Security Deposit of$15,000,00 on ox before the Comtarmcetnent Date, The Security Deposit shall be paid to the City of Lansing and held in a separate accourit by the Parrs and Recreation Depart Lnt of tl:a City of Lansing, The City shall not aceess the Security Depo& unlms this Ieaso is terminat.od, for any reason, raid the Prerr sea rwArac repair or maintmanco to return any portion of the Pruniges to its condition as of the Commencement Date, Landlord shall not be under ,my obligation to pravide Tenant with notice of use ❑f the Security Deposit, Upon the expiration of t$a terra of this Lease, or if this Leaso irs termInatted by elthrx Party hereto, any remainhlg f mds of the Security Deposit not used by the Landlord for repair or meirr�anca shall be returned to'Tenant, 12, Na obig Rights 12 1, ,Tenant is aepressly prohibited from xa-naming or salliug naming rights to ell or a portion of the Premises and frwu altering or aha;rx&g airy on.-Prmiima signa,go that referoriecz the Pram w' ourremt name, bed the Kmnoth k Hope Soccer Complex,unless approved in Writing by Landlord, However,the Parties hereto contc TIRto the possilbility #knit Teiaant may oft far solo the nat*g rights for all of a portlon of Elie Prmises, Tu tho event 'T=mt puxauce, the sane of mmfiag rights to all or a portion of the lCrcmi8es, Tenum shaap: ni.;Wt a WtittM TUqueet to Landlord and any rNuest by the Tomtit for approval of barring rights to all or,a porti m of the Premises droll be made in ivriting to dw Direatcn, of Perks aria Recreation-for the City of )Lasing. The,Limdlord xetains sole c&cretion with regard tt2 apprownig nz denying nny request rrtadc by Tenant under this swtion, 13. Quiet Rnjoynment IM, llarittg the TPa7u, Teuatt's quiet enjoyment of the Pxemisas will not be dis=urbcri by Landlord, utilise `l°euant defaults in tha perforran= of the umnanta of this,Lease beyond any applicable notice and curd p eriod. 1.4, Service 14.1, Landlord ghat not be liable for interruption. in Na-4ues caused by riots, strike, labor di9putes, acuialmts or othor clauses beyond tho control of LaaidlotA or for stoppages or lntamptions of any scr om for Lira purpose of junking nermwy repuirs or impto'v=ants, Failuiv, intaivption, or delay in furnishing servlccs shall not be construed as an act of evielian aguinst the Tenant by the Landlord nor shall such failure,intorruptxon or delay 9n any way operate as a r©loase from the prompt MA p1metual perr-ormance,by the Taunt of tbo covenaols of this Least,, 1.5, Insurance 5 a 3 15J, = Tenant shall maintain in full force and effect policies of broad form general li0jility insurance providhig coverage for the Prerraaes,inclu&g wihhout limitation 4pntldng Qreas, gilhpohey litoits of not less than$1,000,000,00 per ocourrcnon, and a$3,000,G00,00 lunit in excess or umbrella liability ooveragc� exclusive of defense costs, at:d without any provisjim fora deductible or serf inured retention.lntithe ovens any policy or policies of iiasurailm wl•Fich Tenant is required to maintaina duill be written oa a "clOrns made" insurance form, each policy shall have a "rwoaotive date" which is not later than the Cwn menrmeat Date, Yrathermam, shoul4 insurance coverage be written on a claims made basis, Tmmit's obligation to provide insurance shall.be oxtaled for an addlti"period equal to the stnluW of limitations fbr sitca claims in tie Stoic of IWGhigan on the Te n Wtim Data phis cyne yex, 15,z, ' TCWt s6411 maintain in full force €tad effcot through the Totm of this Lease policies of all risk. property insurance covering its personal property;.Bates and improveaata th to cir PA replaQcment cost, without decwction for dept=iatiorn, Such insurance shall provide the broad©st coverage then avralable, including covcrpge for lass of profits to business income or rdmbursement For extra expense incurred as the result of damapo or destmoimt to all or a pant of the Premises, 15,3, Trnalat shall also mAntain in till fora and &i ct through the Term of this Lease insurance against fire, vandalism, malicious mischief and auoh other perils as are included from time to three ki a standard cxtencicd coverage Endorsement and special extended coverage eadorseraents, insuring thoFremises and all InTtovunmis thereto in an amouid equal to the iuull replacement cast of the Bufl&g and all other improvemcxnts on the Premise, ASA All kisuxance. poliolez which Tenant is rNutTed to maintain shrill, in addition ta) any of the foregoing; be written iu carriers authorized to umlte such business in the State oa 3vLichigata reasotsably ace.ptable to Lar�llcwd;name Landlord and La ndlord'a leader as additionrd names insured; be euL4orsed to provide that &oy dtri11 niA be c8noekd or chv ged materially hi any zx wmor adverse to Landlord for any !' reason except on thirty (30) days prior writtm notice to Lmdlord uad Landlord's len.det•; and prMd© Coverage to Landlord whether or not the Vmnt or oocarrenee giving rise to the claim is alleged to have been caused In whole or In part by the Acts or oiaissiotts or negligence of the,Landlord. A11:hw=titrce coverages required hereunder shall be prMar}� nerd xloh-corLti^sharing so vj3y comparn>to liability in9uttmce (in.olzding self insarknecs) carried by the Landlord; Torsant shall deliver aettificates of insurance evldcncing the coverage and endorscm�nt9 required heroby aril copies of the original policies to Landlord within tea(10) busiu.oss days of the Leoso Date, togeaier with rezaipis evidencing payment of the prc n=A, Tenant shall deliver aertifrca<tos of rfnewhl for sucls policies to Lmdlord not less ti tan. thirty (30) daya prior to the expiration dates thereof, 15,5, If Tenant foils to Provide any of theJamrancc or subsatlumtly fails to maintain the insurance in awordame with the requirements of this Lmsc, Landlord may, brut is not required to, Urooure or renew such insurance to protect its own intews only, and any mounts paid by Landlord for Ruch insurmce will be Additional Rent due and pgyable on or before thirty (30) days of the effective data of such policy. Landlord and Tannin agree tltitt any insuranu aoquirod by Landlord shall not cover any interest m.liability of Tenant, lb, Dartmagv by Ftre or Dunce Ctuuotly 15,L Tm t shall give immediate notice to Landlord of fire or other casualty ut the premises, If fifty percent (50%) or more of tl•ae Buildings or 1'xernises shall be dwiiaged or dasti•oyed by firs or rather casualty, Landlord shall hrve the emit, but not the obligation, to terminate this Leaso by &ug written notice to Tenant of its cleoti.on to ter6imte, notice tea be given•within ninety(90) days after the ow rencU G , a i of the damage or destruction. Upon the tkrd clay after notice is given Tenant shall vacate and g iTmd r the Prazriscs to Landlord, without prkjiidiee, howrweC, to Landl(es rights and r=edi6s against Tenant under the Lease prior to tormt-za`Ln, taid any R.mt or other charges owing shall be-paid thrcaugh such date, If Landlord terminates this Leone due to such damage to the Buildings ar Premism, Tenant shall assign the irmiranw prod applicable to tba Building and all otha'improvmioats an the Premises to Landlord. 16.2, D'lens than fily percznt (50%) of thre Buildings or Premises are damaged or desktoyed by fire or other casualty or Landlord does not tmnimte this Lease as set forth above,'I'maht shall promptly repair or rcas ore the Prey Aws as wall as its trade tlxturr.% Aurnishings, cgLr!pmarrt, pexsoral property and leasehold improvements in a matting and to a condition c and to that existing prior to the occurrence of the damage or oasualty, in which case any applicable inset-exce proceeds shall be used far such repair or restoration. There shall be no abatement of Rant or.ofhar. obarges in the event of any fine or other casualty, 16.3, Notwlauitanding the foregoing, each party shall look first to any iwur=e coverage that it cox° os or anY insurance coverage that auh party would have if it mat the requimmonta of this Luse, b;fhre marking any claim against tiro other party for recmury for logo or damage resulting tom fine or ot: er casualty, and to the extern,kat Ruch imuratae,or trio insurance required by this Lease, if in force, would have Paid the claim,Landlord and Temat each hereby releases and waives all right of reem ery againnst the other or anyone claiming through or under each of them by way of subrogation or otherwise, I'maut acknowledges that Landlord will not carry iust ww on the Premise;; or Qn Ter HnCs personal property, fixtuxw, and improve eats, and agrees that Lundlord will not be obligrited to repair any drarnago or replace tiro sera, 17, Repairs 17.1, 'Tarant shall, at its own expense,maintasn, repair and replace the PrmAecs and euary pant tho'eof k to the satisfaction of Landlord, Such zr,sponsibility ineludo% W i� not limited to,mowfazg all grass amas uud clearing snow from parking lots and si&walks where applicably and maintaining the exterior landscaping of thu Premises to a laved consistent wM the,comhjim of the Premises as of 6Q:l fd=cctivo Datc, further, Tenant shall, at Its own expense, rnatziudu the Premier in a clean and safe condition in accord -with all faleral, state and loco laws, ordmance� and rogulotloms, and tho directions of any health oiflaer, fire mushal, building hispector, or other govt-_=ental agency having jurisdiatlon over the Prornfias. With regard to the mainteraanco and ropair of the spor is fields on the Premises,TcTiani shall subinit in writing the name of the colupany or person retrained by Taunt to repair or maintain such areas for written approval of the company or pcTsorn by the Landlord. Tmwit's request for approval shall be submitted to tha Dizectar of Parks rued Recreation for the City of IAwag. 17.2, 'Tenant shall ronair ail damage to tho Prenuscs caused by orgy activity of Tent, lnoluding but not limited to the moving of Tenet's fixtures or personal property, or thrmgli the negligence of willfiul acts of Taunt, its agents or invitcc,s,All repairs eh;911 be of quality equal to the original construction l 17.3, There shall be no reduction in the Armual Dane Reat or other charges nor &tl there be any liability an the part'of Landlord by reman of inomvemetti.ee, annoymoo or fecjtlry to business arising from Lmdlord,Tenant, or others malting or failkg,to woke arty reps=rs, alterxtiuns, additions or InVrovancnta to any portion of the Prewisw, , 17,d. Tenant shall keep die Premises free of liens for work chimed to have boon done for, or materials fucni.shed to Twwt and will hold Landlord harmless from any liana which may be placed nn the Premises Cxoclit those attributable to tine acts of Landlord, In the event a coz dmatum or (`her liar sha11 lac filed 7 1 against the Promises or Tonrart's interest as a res'a t of€my work undci=take n by Tmaint, m as a result of any rcpai1r3 or altem ien.9 made by Tonant,or any olhw act of Taunt, Tansnt sha11,wiilin thirty(30) days after reeeivltzg notice of the lier4 disalmrge the lien. In the event Tenant shall fail to discharge suck►lien, Landlord shall lame the right, but not tho obligation,-to terminate this Lease or procure zuoh discharge, and Tenant shall pay the cost of prooiixhig such discharge to LVldlcwd as AM.U(mal Rmt Mthin thirty (30) days of Landlord rmeiving such discharge, 18, FoUnent Domain 18,1, ff fifty percent(5011(,) or more of the leasable ground area of the Prerilism is condemned or takten in any nia-mor,including without liHtation any conveyance in lieu of condemnatiota, for any public or quits% publle ase ('Takw'a , tho Term of this Lease shall ocase and terminate as of the date title is vested in the condoamnIg authority, 18.2 If lens drain nifty percent (50%) o}the leasable ground area �f Prm-rises is Tal=, Morel shall have the right, but not the obligations,to tcm lnatc this Uwe by giving written notice wifliu thirty(30)daays after being notillod, of such taldug, and in snrh event, termination shall be efftvtive upon the date designated by Landlord in the notice of termination. 18,3, The whole, of any award or oompcn5adon for any portion of tiro Prcmi.ees Taken, including }doe vahre of Temnt's Ieasrhold ingest un der the Lmsey shall be solely the property of Landlord.Tmant is not precludnl from seeking, at its own expense, an award from the conderrzuirag authority for logs of the value of any trade f3xtares ar otl= porsnnal property in the Prwdsis, or moving expmgos, provided that the award feat eueh claim or claims shall not&Jnissh ffic award made to Landlord,' , 18,4. In the evca3 the Prmgises or any portion are Takon, Tenant shall have nn claim against Landlord 6 for Che valuo of ttcy unaxpired T= of WE Tease of otherwise, fr.the eves of a partial taking of tho Prun-iges which does not result in a ferminatfon a this Lease, the Annual13weRent thvreaftcr shall not bit adjusted or partially reduced, 1% tlsslgnnWKf ar'%htrtrkg 19.1. Tenant shall not assign this Lease oz sublet tho Praises, without the prior written consent of Latitcllorl Any attempted asaigm=t or subletting without consent alA be inva'W, No assigrnneut or subletting shall be binding upon{ Landlead unless the assignee or snbtcaant shall dahvc^,t to Landlord art instrument contericn ng an agrounent of assunVtim of all of Tenant's obligati= under Iris Lease, If Temnt, with or Without the previous conomt of Landlord, docs apsigu or transfer this Lenme or any estate or interest therein in any manner, Tmnnt will not be released in any way from any of its obligatlo1w under this Lease, 'Upon the owurr=n .of an event of def iTilt, if all or any part of tho hen*es E e then assigned or sublet, Landlord, hi addition to any other rcaudes, shall have tho right, but not the obllgAan, to collect ciir wtly feom the us&ipec or subtenant all React bwowhig date to Landlord, Any,aollectinn by Larullord from the a4signea or subtenant shall not be constnted as a waiver or Memo of Tenant froln the further performance of the covenants of this Lease or the waiting of a now ismo with such assignee or subtuma The r�ttioilo,nu and obligatiom set forth under this section do fnclade Tenait°s right to rent playing fields on the Prmnise4 for the Desigmted Lase as deFnnod herein, 8 l 20, 1mvpardoit of Fr Ism 20.1, Tenant shall permt Landlord, or LtiadiorWs authorized agency, agent, representative or employe to enter'tlae Prrarraises durYng nonaaRl business hours for the ptupose of inspecting she Premises, 21, NoHre 21.1, Ali 'Dills, notices, xtiitemmts, couununieations, or demands (collectively tho "Notices") required under this Lease must be in writing, Any Notices from L ajo ot-d to Tenant will be deenuad to have been daily anal sufficiaatly givers if a copy has boon pe pvrmally delivered, or mated by Udited States mail, postage prepaid, or scut via courier seMce to Tmont st the address of the Premises or at such otbes address ae Teuflxat may designate in writing,Atry Notices from TeaEmt do Laudloni will be deemed to have been duly mid sufficiently glvcz if delivered to Landlord in tho same niwmar as provl4ed above at tha Landlaurd'a Office, care of the Mayor of the City of Lansing with a copy to the Director of Parks dad ReLTmtloA City of Lansing, or at such other address as Landlord way desiguato in writing, 22. Rreael�, ' ]"stst►y, TermdrGalort 221 Each ofthe fnllowm* g shall be deemed au event of ddault, (i]`l is t°s failura to make payment of Rent dtw hereunder w+tbn lien ( 0) days aft Tcnan#'a xeceipt of written notice.of such failure from, I,arsdlord; or (ii)Taunt's Wore to p&-Form any of tho,covetnants of this Lase for more than tan(10) days eft-Tew+-ma's receipt of written notice of such,failure from Landlord; or (iii),if Tenant shall petition for re fief urAor the banicruptcy:aws, or shall make on assignment for the bcac fa of creditors,or if a recover of any property of the Tenant be appointexl in wiy action, putt or procee&g by or against Tenant, or ifTmaut shall admit to any creditor or to Landlord that it is insolvent, or if the interest of Tc nwA in the Prmuises ahall be Bold under oxocution or other legal proceN,Qr if TanE at shall abandon tap Premiarx,, � ' 22.2, Upon t4g axseurreaac+e of an event of ciafault, Tazullaxd sluill have the right to tarnsate the Lease and shall be entitled to imtnedinte posscssipn of the Premises, Landlord.may make its election to tc-_nihnle 1 known to Tenant by doliva y of a notice of tmnination, Suds tm-mitaation shall be immediataly dRrdye and Landlord shall be entitled to forthwith coanmmoo an action in smmrq.€q prooee&ngs to xecaver possession of the premises. Tenant waives all notice in connection with such terminantion, inolu&4 by way of illustration but not limitation notico of fratmt to to xaixa * demand for posse8sitan of pgmmt, nand notioe of ro-cat'ry, 22.3. No receipt of*matey by Cae LwAord from tho Taanut atler the terrahnsation of this Lease anall reinstate, continue or extexd the terns, nor of wt or waive any aiotioe given by th.e''Landlord to the Totaant pAcr to such receipt of money, i 22A Should Landlord at airy time terminate this Lease,in addition to any other remcalics ft may have,it may reoovor from Tannnt all damages ft muy incur by reason of any W11111t, inch0ng the cost of recovering the Prearlaes, reasonable attameys'fees, and damages egnal to lost Rent, all of which panourds si 0 bo mun"lat ly due and payable from T=nt to Landiorda 225, rho Landlord's rights, rcmnulies and benefits prov-idoi by tbis Tease shall be i-wnulatM-, and shall tot be cxeluslve of any other rights,ramcdien and benefits allowed-by law. 216, Landlord and,Tenant agree,that they aha l Yely solely tapoaa the-terms of thus Lease to govern their rolation8hip. They fbr}hor agtoe that relianoe upcn any representation, act or omissfom outsido the terms of 9 i t this Lease shall be deemed unreasonable, and shall not establish any rights or obligations on the part of tither party. 223, One or more waivers of any covenant of the Lease by either party shall not be construed as a waiver of a subsequent breach of the sane covenant and the consent or approval by Landlord to or of any act by Tenant requiring Landlord's consent or approval shall not be deemed a waiver of Landlord's consent or approval to or of any subsequent similar act by Tenant,No breach of a covenant of this Lease.shall be deemed to have been,waived by Landlord, unless such waiver (1) is in writing signed by Landlord; •(ii) identifies the breach, and(iii) expressly states that it is a waiver of the identified breach, 22.8, Notwithstanding anything to the contrary, Tenant ackti wledges and agrees that its obligation to pay Rent under this Lease is an independent covenant, and that such obligation to pay is not subj eat to setoff or recoupment in connection with any action for summary proceedings to recover possession of the Premises, 219, .Landlord and Tenant hereby waive trial by jury in- connection with any action for summary proceedings to recover possession-of the Premises, 1 farther, Landlord and Tenant waive trial by jury in connection with any action arising out of or relating to the covenants of this Lease, with the exception of actions for personal injury or property damage, 22,10, In the event that Landlord is required to bring an action arising out of the covenants of this Lease, or in the event Landlord undertakes an action for summary proceedings to recover possession of the Premises, Tenant agrees to pay LaMord such reasonable costs and attorneys' fees as Landlord may incur in connection with such action. 2111. Tenant shall not be entitled to surrender the Pretises to avoid liability for Rcnt due to the condition of the Premises or Premises, nor shall any purported consensual surrender be effective unless expressly agreed to in a writing signed by the Landlord, 22,12, Landlord and Tenant hereby represent that in the event ant action for summary proceedings to recover poacssion of the Premises is commenced, the amount set forth in this Lease shall bo deemed reasonable Rent for the Premises, 23. Srarrender of Premises on Ternainadon 23,1, Upon termination Tenant shall surrender the Premises clean and in the same condition as on the ComAiencement Date, excepffor any approved improvements approved by Landlord, and promptly deliver all keys for the Premises to Landlord, Any damage to the Premises resulting from removal of trade fixture, personal property or similar items shall be repaired at Tenant's expense,All expenses incurred by Landlord 'in connection with repairing or restoring the Premises to the designated condition,together with the costs,if any, of removing any property of Tenant shall be invoiced to Tenant and be payable within ten(10) days after receipt of invoice, If payment is not made on the invoice, Landlord shall be entitled to access the Security Deposit to pay the invoice, 24. Petforinance by Landlord of the Covenants of Tenant 24,1, If Tenant fails to pay any money or to perform any covenant required by this Lease, Landlord shall have the right, but not the obligation, to make such payment or access the Premises and perform:such act. All sums so paid or incurred by Landlord and all incidental costs, including without limitation the cost of 10 repair, treiratenanoe or restoration of tIc Premises, shall be deemed Additional rent and shrill be due and payable within thirty(30) of Tenant's receipt of any invoice. 25. Holding Over 25.1, If Tenant remains in possession of the Preanises aftce the Te rmralion Datc, it will be deemed to be occupying the Pretruses as a month to month tmat, subject to a the covenaizts of this Uaso to the extent that they can be tapplicd to a month to tnordh tenancy, except diaL,taac monthly histalltnesat of base rent for each month wall be Ten Thc+usand Dollars and 00/cents ($10,000,00) payable on dip, first day of cacti. inon'h Torn-at Lolds over, 26. kidemn?fica#on 2.6.L Tenant shall, at its expose, indaenr0y, defend, and hold h4rmle4s Landlord, its licenfle03, so ts, aganks, rtnployees and contractors, $otn any loss, darnago, claiav, liability or eupcWo, (incduditag reasonabie attorney lees) of any heat-d, typo or description, including withaut Emitation, claims for bodily injury, disease, dca i, property damage or environmental cleanup arising directly or indirectly out of or an connection with the acts ar ornimions of Tenant,its lieensoos, savants, agents, employe, guests, invitees of contractors, or the Niue ofTensnt to comply with any covenant of this Lease, 27, 1?eflrtttdan ofIanNord,LandlordIsLlahtldty 27.1, The t °LandlorcP aB wised is this Lease is lizriitrxi to mean And include orily the City of Lcrnskg, and ir, tpe event of any sale or transfer of Landlords interests in the Prezni.ses, the Landlord herein i1 merl (and in case of any sahscgmnt transfers or aonvey€ixtces the then grantor)will aaltomH ically be-released.of all liability for tha perfonnance of any oovenante emtained in this Lease, 27.1 In addition,with regardto any approval roqui ed or given by the Landlord,the term"Landlord"as . used in the Lena,unless specificully stated otherwise, is limited to tram the current or actin Mayor of the � City of Lazasing, or any other person authorized or designated in writing by the Mayor to &C such, approval, 28. Generrad z8,1, This Loaw contahis the entire agreement with resp=t to the matters described herein and is a complete and exclusive statemce it of dao tettins thereof and superseder at previous ogee renU-with reject to mch Mx Itters, This Least)may not be ultercd or tnodified except by a writing signed by Landlord and Tenmt. 28,2, Time is of t-ie mamw in Us Lease with respect to the perfaamance of all covwnno, 283, There ate no representations vithrespect to the oDndition of the Prtanaaw,iticludnng but not limited to the i�,owir❑oaental condition of ft Premi8as, grad rcaits, leases, expenscs of operation or any o&zx matter related to the Promises exccrl)t no expressly set forth in Us Lease, and no right, casunonts or lioNiqca arc accluirccdby Tenant by implication or otherwise, 2$A. All questiona with respect to the constriction of this Lease sha11 be dctevn ned in necord with tip 14w4 of the State of Michigan, 11 . 28.5, Rof ence in this Lease to persons, entities and items have been generalized, Therefore,reference to a single person, entity or item will also mean more than one person,entity or thing whenever such usage is appropriate (for example, "Tenant" may include, if appropriate, a group of persons acting as a single entity, or as tenants-in.-coxnn=). Similarly, pronouns of one gender should be considered interchangeable with pronouns of the other gender, 28.6. This Lease shall be binding on successors and assigns, 283, If any oovenant of this Lease shall be invalid, illegal or unenforccable, such covenw-it shall be enforced to the fullest extent permitted by applicable law, and the validity,legality and e11foreeability of the remaining covenants shall not in any way be affected or impaired, This Lease shall not be construed to favor Landlord or Tenant. 28,8, This Lease may be executed in one or more counterparts, and such counterparts as have been executed by both patties hereto shall each be deemed to be aii original instrun3eat, Landlord and Tenant agree to accept a digital image of this Lease,as i°ully executed,as a true arid.correct original and admissible as best evidenoe to the extent permitted by a court with proper jurisdiction, (SIGNATURES ON THE FOLLOWING PAGEI ' r i 12 x ; 4 IN WITNESS WIEREOF,Landlord and Tmant havo exepmtod this Lcaso tts of the Lease Date, LANDLORD, I ,NANT; 'Ac,City of Uns$ng kEd-Michlgsn Sports Turf,LLC, 4N, al►igan mua ripe cprp®ration aMictigar iiinited lidiE.tyoo parry -- y^ Nuns; Virgi113uum Na�sa. : rts; Mayon, City of Lw sing 16 AppcavO as to foivi Name, J=un©McInVir, Nome; Chris SWG.Pe Its; Lansing City Attomey Itis: Lansing City Clerk 1 212R5'14A,11488B89-o4�90 i 13 ti L •.f'^'ate fS a. -•.v i ` ! f asrgptlnr,Provtdad by 30i poi 0) M(? cL?z1tJW,• '�rT {'tf� '�,I„�0',' ` ox'hIr h YYS6 X�1V�`AND 1 AX. ]J a 'Sv�1 S 'X 2�50 ,SV4r'X.`f `IT�T ' W5�9,Sak� a Tr€NA SA 60ICOOE4,ALSO�Axa Ml(d SBC 1) T314, 60> 5 a 13 1 z FT N Y.TN23 Q S a A ��N 4 1!9 S AM NW 1 R,13 WC)2q &S r 1(4 LT , N o:tq 1/4 posT, W To B$� 13XC 1-96 WW;AS-S0 x AT" 1M 01 NE Ild SAID N S1-0 I Lyw rN ov NLY Lm 1-55 ; SEC;2.T314AW'N' ° S ro7�W"t ° ` nti XLUN?fr['t VQ � Af a � , r Exhibit B [Lease Amendment] 27175634.1\050796•00083 RECEIVED AMENDMENT TO LEASE ""IUL ..2 PH r HIS AMENDMENT TO LEASE 'Amendment" is made �� '( } � a�n� ��, �olbtt"l day of t ne 2015,by and between the City of Lansing, a Dl i'ch body corporate with a primary address of 124 W.Michigan.Avenue,Lansing,Michigan 48933 and the Director of Lansing Parks and Recreation with a primary address of 200 N.Foster Street, Lansing,Michigan 48912 ("Landlord"), and Mid-Micbigan Sports Turf,LLC, a Michigan limited liability company with a primary address of 2111 Merritt Road,East Lansing, Michigan 48823 ("Tenant°'). RECITALS WHEREAS, Landlord and Tenant entered into a Leese on tune 24,2013 ("Lease"), Provision 7.2 provides as follows; ' "7.2 Tenant shall be permitted to operate and sell food and non-alcoholic beverages subject to any local, state or federal laws and regulations. Tenant is expressly prohibited from offering for sale any alcoholic beverage on the Premises without the prior written consent of the Landlord, Any request by the Tenant to offer alcoholic beverages for sale on the Premises shall be made in writing to the Director of Parks and Recreation for the City of Lansing is subject to all other local, state and federal laws and regulations"; and WHEREAS, on June 2,2014,the Lansing City Council approved an amendment to Chapter 608, Section 609.0418 of the City of Lansing Codified Ordinances that permits the Department of Parks and Recreation("the Department") to authorize the sale of alcohol at the city-owned Kenneth A. Hope Soccer•Complex, also Imown as the Hope Sports Complex ("Ordinance Amendment"); and WHEREAS, pursuant to the Ordinance Amendment,the Department authorized the. Tenant to engage in the sale of alcohol at the Hope Sports Complex provided that such sale conforms to all applicable local ordinances and state laws, and that "Alcohol inay be offered for sale and consumed only within the 2,000 square foot service area designated for food and beverage service." See Exhibit A attached hereto; WHEREAS,the Tenant has approval from.the Michigan Liquor Control Commission ("MLCC")to operate with a Tavern License, at the Dope Sports Complex,which allows for the sale and consumption of beer and wine only,in a structure constructed on the premises which. measures 2,000 square feet("Structure") and in an Outdoor Service area located adjacent to the Structure which measures 1,600 square feet, (the"Outdoor Service Area")a copy of the MLCC Approval Order and a portion of the MLCC's Closing Checklist is attached as Exhibit B, a copy of the drawing submitted to the MLCC is attached as Exhibit C; and WHEREAS,the MLCC requires that this Axnondment be executed raid submitted to the MLCC in order for the Tenant to receive its Tavern License; and NOW, THEREFORE,in consideration of the mutual covenraits and agreements contained,in this Amendment, the parties agree as follows: 1. The recitals above are part of this Amendment as if restated here. 2. Provision 7,2 of the Lease is eliminated in its entirety and replaced with the following: 7. Use of Premises 7.2 Tenant shall be permitted to operate and sell food and beverages, non- alcoholic and alcoholic,in the Structure and the Outdoor Service Area referred to above, subj eet to any local, state or federal laws and regulations. 3. The Lease and this Amendment shall form and be one integral instrument and agreement. The provisions contained in this Amendment shall supersede and control any inconsistent provisions contained in the Lease. 4. The remainder of the Lease remains unchanged. S. The Amendment maybe executed in one or more counterparts with the same effect as if the signatures were on the saine docwnent, For purposes of this Amendment, a facsimile signature shall be deemed the same as an original. TILT WITNESS VMREOF the Landlord and Tenant have exwuted this Amenchnent on the date indicated above, LANDLORD., CRY OF T,ANONG BY; I--, _ W V g) cro,Mayor Date BY, "A Kaso imke,Director Date BY; A//,q Chrfa Swe,leXit lerk Me TEWiTt. MTD-MICHIGAN SPORTS TURF, LLC, a Mkbigan limited liability company 13Y; i ie lin,Its Member^ ete -- Apt to 0 Certification as to availability of funds; Janette Mclntyro, ib,Attorney City Controller Account# No funds rewired EXHIBIT A PARKS AND RECI��1�`iC�N DEPARTMENT Administration Office 200 N. FOSTER LANSING, MICHIGAN 48912-4104 (517)483,4.77 (Voice) (617)�483-4473 !'�3C?). M.fgaprnaro,Mbyar (617)377,0180.(FAX) aretfKaschln*e,01reotor June 3,2014 Ms. Julia 1v uuin Mid Michigan Spoxts'lud,LLC 211.1 Merritt Road, Suite 102 East Latisidg,W 48823 Dear Ms.MbIlin, 'Me Lansing City Council on Monday,June 2,2014 approved an ameadmoixt to Chapter 608, Section 608.04(e) of the,City of Lansing Codified Ordinances drat paemits the Dopartment of parks and Recroatlon("the Department's to authmize the sale-of alcohol at the city-owned Kenneth A.Hope Soccer Complex,also lrnown as the Hope Sports Complex. The ordinance amendment was granted im=diate effect. Pursuant to this amendment,the Department hereby authorizes N1id-Mich1gan Sports"Iurf,LLC to engage in.-the sale of alcbhol at the•aforemntioned prondses,provided that such sale conforms to all applicable local ardinances and state laws,as well as the following ivies and restrictions; • Alcohol maybe offered for sale and consumed oTa y within the 2,000µsquare-foot service area designated for food and beverage service. The DepaYtment supports this opportunity because it will provide Mid-Michigan Sports'nrf, LLC the ability to geno rate additional revenue at.Hope Sports Complex. This additional revenue stream will be beneficial in maintaining and rr Aiug improvements to the fWility. If you require any additional irfonna.tion ar ba-ve nny questions,please do not hesitate to contact m,e at S 17-483-4307. Sincoroly, Brett K.asclunska,Director "Equal Opportunity Employee' EXHIBIT B f STATE OF MICHIGAh1 " DEPARTMENT OF LICENSING AND REOULATORY AFFAIRS Nhttlti LIQUOR CONTROL COMMISSION In the matter of the request of MID MICHIGAN SPORTS TURF, LLC ) 5801 Aurelius ) Requost ID No. 716734 Lansing, Ml 48011 ) Ingham County ) ) At the August 27, 2014, meeting of the Mlohigem liquor Control Commission In Lansing, Michigan. PRESENT, Andrew,, ❑eloney, Chairman Teri L. Ouirnby, Commissioner Donnls Olshovo, Commissioner L_1gPN51N2.. ffigAL ORDE Mid Mlohigan Sper#s Turf, LLC fappticantn) has tiled an application to transfer ownership of eecrowed 2014 Tavern, Spocla4 Designated Merchant, and Drewpub licenses wlth Sunday Sales Permit (A,M.) and Outdoor Service (1 area) from Travelers Club, Inc.; transfer loaatlon (governrnp.rrtal unit) under MCL 436.1631(1) from 2138 Hamilton, Okemoa, Meridian Township, Ingham County to the abovo noted addroos; cancel existing Drewpub license and Outdoor Service (1 area); request one (1) new Additional Bar Permit(far a total of 2 Bars),, request now Sunday Sales Permit (P.M.); and request authorization for the outdoor sale, service, and consumption of alcoholic beverages In an area measuring up to 48'x 4U, located dlractiy adjacent to the Ilconsed Request ID No, 716734 Page 2 premises, and which Is well-defined and clearly marked; and request consideration of licensing under the provisions of administrative rule R 436,1121(2)ft This request to transfer ownership has been received ea a result of a purchase agreement signed by the appllcant and the Michigan Department of Treasury on October 17, 2013. Under Article IV, Soot€on 40, of the Constitution of Michigan (1963), the Commission shall exercise complete control of the alcoholic beverage traffio within this state, Including the retail sales thereof, subject to statutory limitations, Further, the Commission shall have the sole right, power, and duty to control the alcoholic beverage traffic and traffic in other alcoholic liquor within this state, Including the manufooture, Importation, possession, transportation, and sale thereof under MCL 436.1201(2), The Commission finds that a letter was received from the Lansing City Council and the City of Lansing Parks and Recreation Department stating that on June 2, 2014, the Lansing City Council approved an amendment to Chapter 608, Section 608,04(e) of the City of Lansing Codified Ordinances that permits the Department of Parks eind Recreation to authorize the sale of alcohol at the city-owned Kenneth A. Hope Soccer Complex. The Commission also finds that the Lansing Department of Parks and Recreation has authorized Mid-Mlchigan Sports Turf, LLC to engage in the sale of alcohol at the applicant location. The Commission finds that it has considered the provisions as required in administrative rule R 436.1106 In the consideration of this request, After reviewing the file and discussion of the Issues at the meeting, the Commission finds that the applicant has demonstrated good cause to satisfy tho requirements of administrative rule R 436,1121(2)(f and approval is granted. THEREFORE, IT IS ORDERED that: A. The applicant's request to transfer ownership of the Tavern and Specially Designated Merchant 11censes is APPROVED subject to the following, 1. The licensee shall pay all license fees by April 30th oath year. Request ID No. 716734 Page 3 2, The licensee shall provido proof of financial responsibility, under MCL 436,1803. 3. Final Inspection by Enforcement to determine the building has bean constructed as proposed; to doterrmino seating capacity has been established and posted; to determine the Outdoor Service area has been constructed as proposed and Is well-defined and clearly marked; and to determine the liconsed promisee masts all requirements of the Michigan liquor Control Codo and Administrative Rules, 4. Verification applicant received a $19,000.00 loan from applicant member, Julie L, Mullin and her spouse, Kevin T. Mullin. 5. Verification applicant received a $15,000,00 loan from Greater Lansing Endodontics PLC. 0, Verification applicant received a.$31,000.00 loan from Chill Soccer Club, 7, Receipt of acceptable, executed amendmeni to the lease agroement which allows for the sale of alcoholic beverages on the leased promises and the Outdoor Servloe area, 8, Receipt of Form LCC-3010 (Report of StockholderslMemhers/Partners). 9. The licensee shall provide doournentary proof to the Commission to demonstrate that, at a mirilmum, supervisory personnel on each shift and during all hours in which alcoholic liquor is served have successfully completed a server training program approved by the Commission as required under MCL 436,1601(1), within 180 days from the Issuance of the license, ae provided in administrative rule R 436,1060. s, The licensee shall maintain active certification of completion for server training on the licensed premises at all times as provided in administrative rule R 436.1060. b. Failure to provide this documentary proof to the Commission within 180 days of the issuance of the license shall result in the licensee being charged with failure to comply with this order, Linder Request ID No. 716734 Page 4 administrative rule R 436.1029, which may result In fines, suspension and/or revocation of the license. B. The applicant's request for one (1) new Additional Bar Permit (for a total of 2 Bars) Is APPROVED, C. The applicant's request to transfer the existing Sunday Sales Permit (AM.) Is APPROVED subject to the following; 1, A reference to the time of day Includes daylight savings time, when observed, 2. This permit is subject to revocation by operatlon of law or otherwise if the Commission receives notice from a county,city, village, or township that It prohibits the sale of spirits, mixed spirit drink, or beer and wine during the time authorized by this permit. D, The applicant's request for now Sunday Sales Permit (P,M.) Is APPROVED subject to the following: 1, A reference to the time of day Includes daylight savings time,when observed. 2. This permit is subject to revocation by operation of law or otherwise If the Commission receives notice from a county, city, village, or township that It prohibits the sale of spirits, mixed spirit drink, or beer and wine during the time authorized by this permit. E. The applicant's request for authorization for the outdoor sale, service, and consumption of alcoholic beverages in an area measuring up to 40' x 40', located directly adjacent to the licensed premises, and which Is well-defined and clearly marked is APPROVED subject to the following: 1. The licensee will not permit the sale, service, or consumption of alcoholic liquor outdoors,except In the well-defined and clearly marked area purauent to the provisions of administrative rule R 436,1419(1). 2. The licensee shall not allow alcoholic beverages purchased for consumption In this proposed Outdoor Service area to be removed from and taken to any adjacent unlicensed area(s). Request ID No, 716734 Page b 5 3, The Ifcansee Is prohibited from allowing the sale, service, possession or consumptlon of alcohollo beverages within the confines of the.soccer field, at any time the fleld(s) Is being utilized for soccer or any other sporting aotivity, Including any breast or Intermission, F. The applicant's request to transfer location (governmental unit) under MCL 436,1531(1) front 208 Hamilton, Qitemos, Meridian Township, Ingham County to the above noted address is APPROVED. G. 'rho applicant's request to cancel the existing Brewpub license and Outdoor Servioe (1 area) Is APPROVED, H. Under administrative rule R 436.1003, the licensee shall comply with all state and local building, plumbing, zoning, sanitation, and health laws, rules, and ordinances as determined by the state and local law enforcement officials who have jurisdiction over the licensee. Approval by the Michigan Liquor Control Commission does not waive this requirement, The licensee must obtain all other required state and local licenses, permits, and approvals before opening the business for operation, I, Failure to comply with all laws and rules may result in the revocation of the approval contained in this order, MICHIGAN LIQUOR CONTROL_ COMMISSION w Andrew J. Deloney, Chairman Request 0 No. 716734 Page 6 V Teri L. Quimby, Commissioner Dennis Oishove, Commissioner M8 Date Mailed; September 17, 2014 September '17, 20141kw MID MICHIGAN SPORTS TURF, LLC SID. 234787 72 days RID: 710734 Rick Snyder State of Michigan Mike Zimmer Governor Department of Licensing and Regulatory Acting Director Affairs Michigan Liquor Control Commission Andrew J. Deloney Chairman Nottco of Doflcloncy Itemlzod List of Required Documents and Fees Your application has been approved by the Liquor Controi Commission ("Commission") based on the Information provided, However, before the license(s) can be Issued to you, the Commission will require all the items listed below, WhIob w II be retained for our reoords, You will not receivo your licenses) unless all of tho marked items are signad and accepted by this office, Place off•, Any ohanges to your Information may roquire further Investigation. Should you desire to bring your final documents in to the office for processing, you must arrive prior to 3:30 p.m,; If you arrive after that time we cannot guarantee that we will be able to process your paperwork the same day. ` A oopy of the Commission Order is enclosed for your information. Pursuant to administrative rule R 430,1926, any request for an appeal should be made In writing by the applicant to the Lansing Office of the Commission within 20 days from the data of the mailing of the Commission Order. If you have an attorney on record that represents you In this matter, this itemized list of required documents and fees has bsen mailed directly to your attorney. As a courtesy, we are providing you with a copy of the lternfzed list. « Approval of your request is subject to f mil Inspection(s) from the MLCC- Lansing District Off ioe. Final inspections must be completed before closing documents will be procsssad. (See enclosed letter) Contract For License, Form LC-151 (enclosed) — This contract must be signed by all applicants. Report of StockholderfilMembore/Partners: Form LCC-3010 (enclosed) — Please list ourrent stookhoidersimemberslpartners with the total percentage or stock Issuence held. Closing Form for License Sale: Form LCC-3012 (enclosed) -- Phis form must be completed In Its entlrety and be signed by all parties. Regoest ID 718734 Page 2 • Acceptable Lease Agreement-- Lease Agreement submitted is not acceptable for the following reasons: 1. Provide executed amendment to the lease to allow for the sale of sloohollo beverages on the leased premises and the Outdoor Service Area.(refer to Sec. '7.2) The Commission office is open to the public from 8:00 a.m. until 5;00 p,m, Monday through Friday, In order to process your request efficiently and provide quality customer sewice, I�ease arrlye nelor to 3,30 p.WA Your completed closing package can also be faxed, 617-703.0059, or emalled to; LALOQ .ice si nit mlchi a . ov. If you have any questions please contact the Commission office, toll free, at (806) 813.0011. cc; Mid Michigan Sports Turf, LLC wlenol. LARA Is an equal opportunily omployotlprogrem. Auxlllwy alds,services and othor roasonabin accommodations ore avalloblo upon requosl to Individuals with dlstabll{tles. Mo HARR18 DRIVE * P.O.80X 000013 + LAIdSING,NIICHIGA14 489o9 www.mlchlann.aovflro . roll rre0 MR)111141m i EXHIBIT C PM e t JTAWk ' b' "5 F 5 P IL ow X(o. Y 3 F ?-Arer a �J Frf Y~ 4 obomoiam t: LEI ASL THIS L,L,ASB la made oy nncl be.wmi Landlord and T maut,who agree ae follows: 1, B(mle Leave Pro lylens Landlord: Cily of Lansing; a M- 16hip-rk irur�inipal body corpora to, 1.2. Landim-d's Py=ataxy Adcl rme 124 W.Mioluga77 Avenue Lunshig,Michigan 48933 mid FOSter CMIU ututy Centel' 200 N,FDster Street Leming, Miohignn 48912 1,3, Teamit. Mir]-Mioliigan Spoitg Turf,LL,C, a Michigan I 'ted lb bitty Coitgmny. 1.4. Tenant's Primary Address: 21'1 1 Mi --rtfttRoad Hest Lansing, Michigan 48823 L5, Lcrose Daw: Jwxa 24,2013 1.6. Premise `3 he property cairuncally luiown 4a 5801 Aur&ius Road,Lansing, Mlchigna 49911, as moreputioula.rly des orked mD diib't attached hereto. 1.7, Term, 59 Months 1.8. commmiaemeili:DtVlr; ,holy 28,2013 1.9, Turin natiDII MAO: May 20,2019, subject to mrlipr to n.Liatim us provicled.herein, 1,10, Annual Bast Rent: $1,000.00 1,13. Swurity Deposit- S15,000m 1.14. x}esign�ted Us:: Pursuant to Secdou 7 below, imbject to eny aild,rt:il othw restric:tio o atated herein. 21 7.,1, Lemd1ord leAaen the llromWs to Tei-int. Te out has kwpe=W fiu Premeioes and IS satisfied with thl unclitioll of the Pmlises, inciudiag the buildings thereon("Bidldinpe). Tmau n❑cwpts thePmiises in 3 v 'its p.resealt "a's is" conditim, kind 'Tenant shall, tit .its solo cost:and expanse, molce Fall repairs 11wessaay to maintain Rio Premises, Elt a ininimum, In Its current cmidltion as Of''the Comniciwomont Date Lluring the form of this LcEase. This Obligation o'1'�t'he Temant sli all lnckido, but not be linalted to, till lnaprovollhents, nloChllctations or alterations to or on the Pi-runises approvocl in writlag by the Landlord. 3.1. The Term of t11is Lease will eonunenoe m the Cos momement Date, and,unless soonor lerminAted or extended in accordance with the provision of oils Lease, terminate on tine Teraaainatim Date, 3.2. On the Terminallon Dote, this Lease shall automatically ternilnato without any Author action. by either Party hereto. a. Rent 4.1. Tonant shall pay to Landlord the Amiml Base Dent, The Annual Base Refit shall be paid pro-rated for any partial.year in whiub the Amn1al Base Rent is owed, 1n the evont of a torinhiation of this Lease by elthar Party hereto, the Tctaatit shall 'not be untitled to a partial refund of the Atuiwd Bose Rent ;paid by Tenant to Landlord. 'Tho Ahanual Base Rent for year 2013 shrill be paid to the Landlord on or before the Commencement Dote, The Annual Base Rent for subseq�ient yoars shall he paid by the Tenant on or Wore 5:00 p.m. LAST of the 15t1' day of damiary (the "Rent Dray"), The fAilure of the'1Temmit to timely malce any Annual 13ase Rent Payment shall constitute a det'ault or matcrial breach and entitle Landlord to all reetnedios stated herein indkiding,but 11Dt liiaaitedto, taaalunation of this Lease. 5, Taxes alnd Aysmsmants 5A. The Parties acimowledge that Premises is currently not subject to real property Nx. However, should the taxablc status of the Prcmiscs change and otherwise be.subject to real property taxation,Tenant shell be responsible for all real property taxes, including but not limited to ad valorem taxes, assessments (general, special, ordinary or extraordinary), sower rents, rates and charges,taxes hosed upon the receipt of reap (other than federal, state and local income taxes), and auy Other federal, suite or local charge(gcncral, special, ordinary or extraordinary)which may now or herearRer be unposed, levied or assessed against the Preuusos. Tenant ahEall pay such taxes, assmmcats, and other charges whioli shall become due and payable or a lien or both after tho date hereof before the some become subject to penalties, and shall prodLace evidence of the paynmalt of sash taxes Ernd amessments to Landlord.in the form of the paid receipt frown the zh micipal taxing and assessing ailthorities aC least ten (10) days prior to the dote on which such taxes and assessments are'due. 5.2, Tonnnt shall pay ui full to the appropriate taxiing authority, before dclingtient, all municipal, county, and state taxes assessed, levied or imposed. upon Tenant's leasehold itttorast and. all furniture, fixtures, maclhinery, equipment, apparatus, systems and all other personal properly of Any kind located at, placed in or w9M in ummotion with the Preausc:s or its operation, and Tenant shall produoe evicence of die payment o1.'sucll taxes to Landlord In the form of the paid receipt from tho municipal taxhtg and assoming authorities at least teal(10)clays prior to the drift on whiell such taxes are clue. G. Utilities 6.1. Tenant shall pay as And when they baeome clue all chEarges directly to Clio applicable service provider for wtdor, gas, heat, eleotricity, sewer, refuse collection, janitorial services, phone and other 2 'utllttleR used. upon or fun' shW to the Premises. Any nad all security deposits reclriired by tile. cctiiiirmlea providing ditch,utiliti�.spit Ira tho wAu s sponsibitity of"Tmoat, 7. use of'Pramlyes 7,`. ThU Promism shall be tinned, omupied and operited by `Conant fo.Ilia primary'porrose of Trim ut rusting field cal]aclty far spor'tita6 ovonts, gaitao<s and piactieos (flip "Designated Uso?% 8ubjeot to the restriction.9 stated heraln, acid for rto other purpose without tho print• written eouseat of Lmndlwd, Any raluestby die TmErnt to use tiroflrenvses for any otborpurpose othrr than iliaDes-ignHteed Use stated above shall be inad a in writing to the Dlr rotor of Parks and Rmm ition fcr,:ne City of Lan'slog, 7.2. Temtit shrill bo porinitted.to operato and 5g1t too d tind Lion-alcoliolic beverages subject to tarry local, stato or Moral laws and regulations. Tenant is expressly pr•obibited franc offmimg for solo any alooholi❑ beverage on tho 1't'mJ scs without the prior wAttm cansont of tlio Imucllord. Aiiy request by Ilia Tenant to offer alcoholic b--vffages for sate on tU Prre,riiscv shall be rn da In wrIfIng to tho Dirm or of Perks and Reoroatioti for the City ofLansing, and is subject to all oGhvr local, Win and fedeml laws aria ragulatims, 7.3. Tenant shall be exprcasly proliibiteci from charging awry form of fee for Bensons parking oil fhe Pretnisoa without the pxiur wAttei consent of the I,undlard. Any requmt by the"Tenant to charge airy form of parking fee wi the Pretenses s1':��11 be rakle in writing to the Dirmtor of Parks and Recreztion for the City of Lansing, 7J. Tmant shall not ,rse or permit any 1 naori to use the Preni.ism tip any manner which violates or would create liability undue fedcxtdl state or local laws, ordiaanee{s, rules, roplations or policies, Tea-ant .Owll not (either with or witImit noglig(Taos) cause or p;rniit tltc escap(, ctiap¢st,l or rclWse of airy biologically or climijolly active or Whor hrAmrdmrs substances or materials in ylolatlon of applicable laws, Tenant shall not allow the storage or use of such substan=or=iterials in my tiiarimr trot snttotioaj�d by law, or a low to be brouglil Into tLe Prmiisos tiny aucti materivis or substanae� except to arse ui the ord ittry omim of Tomiiit's basincss, Without lhinitatlon, liazaidons sLtbstaiices and matorials rrlir11 include f iose dmrlbed in the Coraprdaensiye Euvuontrrcxatal Response, Compensrition and T lability .Act of 1980, as atnandc d, 42 U.3.C. Section 9601 et seq., the Rcaource Con servatlon and Recovery Act, Rs ttrneudsd, 42 'U.S.C, Section 6901 et seq., any applicable state or local law acid the rVilotiom cdopter under these acts, Tit all an te, Tempt ahaE bilemuiiy Lakidlord in t1m mamier eisowhorti provided f2 this Lmsc tiealmt- any i)bility rc!§v 4,fzvm any release of bazardotls 90,5tances or materinis on the Preruise9 cruised by Teriatzt or pemona acting under Toasnt. Teaaaiil shall obtu6,arid nmintal-n any permits,licenses, -mifaorizatlotis, and -pprovals roquired by applicable stntates, codes, ordinances, and roles and relnflatiotaa for tiro use and oaaupRucy of die Promises fax the Designated Use 7.5. The Parties facpressly rrvknowlodga the currcw voviron mrttal ooticlitlon of the Prefa tas,bic,`raft, but not limited to hies fact that all or a portion of the Prerrdses wag formerly used t,s a tfredsll. As auck Tint shall not do or permit to be dunes uty act whiatlwit'.I'malidnLu or bo lii conflict Witt any insurance policy carried by or 'For the bmwflt of Lacdlord with respect to the Prrsialsea or wVdi might subject Landlord to arty iiabXty, nor shall Tenant keep ativtl isig in the Premises excc t m pu-mitted by the fire department, board of fire uuderwritexs,of enlist na.61iorliT having juris&Jon, otict Llien only in suclituanner as not to uicreasa tlie imutmncc tote for ilia Prar,is-,s,tier►asp the frea—Ases in a luennfm wlifnh will inorease 'the 41suranue rate for flicPrerrises, 3 S' Scheduling of Events,on th011OWrttr"Res and Rake 8,1, Tonwit is t ponaibla for sched'uJing land.rwerving playing giddy on the Preratises 4iad all ri,on€ys rccelvccl by I'etaant for the nae of any playing 'R ld clan (be .preu-uses belougs to Tenant. Taannut aliOl satiedulo t'itne on all lhlaying fields our a first-tours, fir t-,serve basis wxthatit rabard to tmm or afftliation and shall infilce all rensouaVe efforts to aahcdtfia plRyiing Bold rune on a lair and e ulte,bly basis, To r sMvo Qr sahmlule time on F iiy playhig field cni the Preniia€hs,Tenant is rcquiro(l to rooeive hnIf oftbv,total field coital rato of the time ea`r rears vntlon and the WAtioe within ten(10) days of the 6ita life,rcld will be ub'ed. 8.2, No -pt&owne MU ba given to any puruun, org zatjon, ounVany or team with rapard to schcduling playing fiold time, excnpt, Tenwit cxprtgsly agrees to I)rovidc a prOcreace to the ntnds and s6eduie iequosta of the City ol•'L ansing Parks and Remwioai 1Departmmt for community based slxorts pr•ngrvins' 8.3. Tenant nchnowledges that prior to tho Cot mwc;enieut Date, tha City of Lnaslrg and Ingham Cotnity, Michigan had na existing&Dem(15)ycar'lease fin place f'oi,the Premiem As supin, avant tagrees to horror rail keen nIl existing subcdulml or reserved taitaying NM Itims tis of the Coimocnrmient Daate, 83, With regard to the rental rote uhatged far playing field tune, Tenant ages to charge hu saiiio rate to all ptvanas, orbaaiizatons, coanpanim and teams For use of playltig AM& to tbo Prvanlsos oxoept as Muted bellow for the Daisuig Depaarttnent of Parke land Rmreatloij- Prior to thn Coinnienomertt Date, `-ar year 2013, and prior to January :5`h of ench sabsegiiuit year during ilio term of this Izse, Tenant shall subuat a-rrato schedule dotit ll,ig the rate tit which Tentmt will ahnrge for use n'f thr plflynig ficids to Urdlord for wtltten gprwal, subject to die Lundlord's sole diacratiota, by tho Director of Parks and Recreation for fac Civy of Lansl►ig. Tbo rate schedule to be uppi�:aved by tho I undlord shall provide fora reduced rats for jAnying'Ield time reserved or scheduled by the Iransitig 1'ttrks and Reerention Dgartmcttt, 91 Env"runantal Candidon of the Prandsas 91, Any "Rovoow, Action" or rwnctlistiau requirml due; to a release, disolmrge, disposal, or cxitcerbtation of a previous release; caia8ed by tha vcs9 or attvsaioti4 of Tvnnnt or Tr nt°s agents, eiijployees, 'rapresmtstivey, ^artractorc, guest© or invitees shall be urmilAoted at the sa74 cost aticl oxpenHo of `1'mant Farad Tcimtit shall indcmtufy, hold han mess niid defend .Landlord agaiut any snd all cla>ns whethor they arc made by t, governmerit ageacy with jvii;clictiun over t`ic Property or a tlxird hearty as=isu-tg from or mulztod to a release,diuditargo, disposal; or muicerb4tioxi of a pi-oviouii to case st the Prupeity, W. Improvements to the Prendses 10.1, Tenant- is strictly p.rohibilkl froau oointrtiati❑g ally strildo e, or alteriiig, modil'yiig or improving airy portion of the pteniigos, or any fixtue, cx shuctuxv tb.(teooi, without the prior written consent of Lancltord, Any regvmt by Tt to at t for aitcrhig,modify!%or haprovilag stay pn, iota,of ttic Preani8es, or any fixture or s fuuturo ditrcon shall be nodc W Director of Parka fend Recroadun for the City O�f'Langing. Witli tugvrd to any recluost aindc by Tenant under this section, ar,Ltr4ord'g written a17prQvtaI stttli by c011tf,1gent rLI the Parting reaching; eti agreement gmrcitig all Uispeots of life alturft ion or hilprovetilent Haiti saki eigrouincnL shati nutoiiiatiotlly be incoxporatcd h.zita ti&Lase a9 an Appendix hcreio, 1 U. Tcati ant shall be rewired to construct, at Teauit's sole cost,at least me,full size artilbnIal.Mil'ul;iort 'rleld witeq ble'Ear acaccer on the Pruntsw. Construction of the htrff Itdd al tl the cmipltied ruril1,lai one (1) yens°1i'om Ilse Comanenceaueat Date, Ilio size, conatrLictio€i require=nts, type of twf and location witl>in 4 'the,Prennisms shall all be subject to Epproval by LwidlorcL This colitracl:u al obligation o:r Tenant is not intended to relieve Tenant of its obligations to soak Landlorcl's witton approval for the 11improve1110.fit" as colntemplatW inicler file preceding section or to rolicve Tationt From obtaining pror.por btiilding,permits or approvals froiin the City of Lansing, or any other 'lockil, state am' Bodera.l written opprova.ls necessary to constmot such an improwinoot ell PI'et�'ll5c S, being a former la'alfill site, Tenant is solely respotsiblo and liable for obtain.ing all necessary written approvals from n•n.y local, state or fecloral agency, o:F{ioc ot• dcpartlnotnt. IL Sevw*)t Deposit Tenant shall be required to totider Cite Smimity Deposit of $15,000.00 oia or before the Co.n7moncolnent Date, The Security Deposit shall be pald to the City of Lansing and held in n separate ncoount by the Parks and Rocre&tien Department of the City of Lansing, The City shall not access the Seourity Deposit unlarss this Lease is ternniniated, for any re€amri, and Clio Premises mquires repair or nm•ititenatiee to remit any portion of tho Premises to its condition as of the Coanmenecment Detc. Ltmdlord shall not he'under any obligation to provide T eiian( with notice of use of the Security Deposit, Upon di, sxpirationn of the term of this Lease, or if this Lease is torMuiated by either Party hereto, airy renaming funds of the Security Dr,posit not used.by (lie Landlord for repair or maintenance shall be rettarnecl tt Tenant. 12. Naming Rights 12,1. Tenant is expressly prohibited from re-naiining or selling nailing rights to nil or a portion of the Premises and from altering or changing any on-Prel .ses sigmigo (bat references the PrenisW Current inatnp, being the I cauieth A. Hope Soccer Complex,unless approval in writing by Lannd.lord. Iiowevver, the Parties hereto contemplate the possibility that Tenant. iiaay offer for sale the namingy rights for all of a portion of the Preatuses, hi the even(Tmiant pursues tbo sale of rimming rights to all or a portion of the Pretnnis+s, Tenant shrill submit a written ronuest to L€ndlord acid any request by the Tenant for approval of naming rights to all or a portion of the Premises shall be made in writing to the Director of Parks and Reoreation for the: City of Lansing, The Laiullord retains sole discretion with regard to approving or denying any request made by Tenant under this section. 13. QuietFr{fnpruent 13.1. louring the Torm, 'Tenant's quiet enjoyment of the Premises will not be disturbed by Landlord, unle-ga Tenant defaults hi the performance of the covenants of this Lease beyolid slyly applicable no[Ice find curo period. 114. S�PylL'G'b' 14.1. Landlord shall not he liable 1'or interruption in services caused by riots, strike,, labor disputes, accidents or other causes bcyoiid the control of Landlord, or for stoppages or interruptions of any services for the purpose of malting necessary repairs or improvoinents. Failuro, interruption, or delay in furnishing services shall not be construed its an not of evictim agaaiost the Toilant by the Undlord.nor shall such failure, interruption or delay hi any way operate m a rcleme from the prompt cal punctual performalice by the Tenant of the covenants of-Chis Leasa, 15. �rtxrr�rtcc� 5 15.1. Tenant Shall mat'nl'aitl hi dill force and effect pol.ia.iCs of'broad form gerhoral liability Insuranco -providing coverage for tile Prenl.lses, hicluding'without Ii.m.ltatinll all parldrlg areas,witil policy lhllits of Ilot less than$1,00I1,000,00 per ocotirrame, and. a $3,000,000.00 Unlit ill excom or u11117mila liability coverage, cxclusive of defense costa, and without any provision for a deductible or soli i'naured retention, Tn the event atly policy or policies of insilmice which Tenant Is regnired to :timiutaltl shalt be -written on a "claims made" Insurance forin, each policy shall havo a "retrollctive date" which is not triter than the C'orrimellecnlont Date. T! aim-more, should Insurance coverage be written on a clahns made basis, Tenant's obligation to provide insurance shall be extended for an additional period cc[ial to the statute of 1i111itat:ioila for such claims 111 (lie State of Michiga'u oti tho Tmrinatxon Date,plue one year, 15,2. Tenant shall rnahitaiu in Rill fnr'ce end effect through tha Tvrm of this Lease policies of all risk property:inset-ance covering its personal property, fixtures and improvomelits to (llolr full replacement cost, without deduetion for depreciation. Such insurance shall provide the broadest coverage then available, includ'ulg coverage for loss of profits or business income or reimbursement for extra expense incurred as the result of dmiag'e or destmctioi3 to all or a part of the PrUilliSCS, 15.3. Tenant shall also maintain in lull force and effect through(he Tarm of this Lease.insurance against lire, vnudalism, inalicious.aidschlef and such other perils as are included ftom time to time in a standard extended coverage endorsement and special extended coverage endorsements, ilsuriug the Promises and al.l imPro'vemalts thereto in ail amotult equal to the dill mplace1nont Cost of the Buildliig and kill other improvemonts on the Premises, 15A All insurance policies which Tenant is required to mahilai.n shall, in addition to any of the foregoing; be written In carriers ,wthorizod to write such business in the Staty of Michigan rulsonably occeptable to Landlord; name Landlord Foul Landlord's lender as additional named insured; be ctldorsed to provide tlla't 'tIvoy shall not be canceled or cbanged materially Li arty mampar adverso to Landlord for ally reason except all thirty (30) days prior written notice to Landlord and Landlord's lender; and provide coverage to Landlord whether or not the event or occurrence giving rise to the claim is alleged to have beeil Caused it whole or 41 part by the acts or Omissions of negligence of the Landlord, All i:nsurmace,coverages required hereunder shall be pruiwry and.non-coutributing to aay comparable liability hisuranco (including Self insurances) carried by tho Laudlord. Tenant shall deliver cwtiiicates of hisirmice evidencing the coverage and eadorsoments required hereby mid copies of the original policies to Landlord within(en(10) business days of the Lease Date, together with receipts evidencing payment of tho prerniurlls. Tenignt shall deliver eetifficatas of renewal for such policies to Landlord not less khan thirty (30) days prior to the expiration dates tllerco'f', 15.5, It Tenant 'Fails to provide any of the insurance or subsCCluatly fads to maintgit the inurance iji accordance with the requirements of this Lease, Landlord may, but is not required. to, procure or renew slich hnsurance to protect its own intro—acts only, and any c'mmuits paid by Landlord for such insurance will be Additional Rent due curl payable on or before thirty (30) days of file effmtive dote Of sticll policy, Landlord and Terl ml:agree that any insurance acquired by Landlord shall not cover any interest or liability of Teamit. 16, Damage by],sire or Other Camilty 16.1., TenmA shall give inuiledlate, notice to Landlold Uf fire or other,casualty at the Premises. If oily percent (501%) or more of the Bilildiilgs or Premises shall be da-maged or destroyed by Fire or other casualty, Landlord shall have the, right, but not the obligation, to tenTd1utte this Lease by giving written notice to Tenant of its election to terminate, notice to be given wittliri ninety (90)days aft-or File occurrence 6 of tho damage or dcstrttctioR• UPCIA L11e(NA'l drly ttiler taotlrce is glvm Tenrhtlt Anll vacate f1jid surrender the 1'tatnises to Landlord, witl.clut prqjudico, howevw, tv Landlovd's rights and t•enrcdies ngaimm�;t Tcuait uodw tie Lense prior to tetxniantiml, and atly]R.mt or other clhorgea owing shall be puld tixrou& ruoh iliac, If Landlord terminates this Least 6.,e to such damage to the liuildttngs or Pretnisos; Tuinnt shall ass{g1 the insura..co proceeds applicable to tho Buil 1intrand*all ol"hor i.t.imly=.rn[s ❑tl tile.Piet.tisus to Latidlord, I G.Z- if less tl.atl fifty percent (50%) of the Builcl'nigs or Prmitstes are drnlagcd of destroyed by fire or other casualty "L ud ord does not terininete,t111s Les=cis set forth rbovc, Tewtrt stmil promptly repair or mstore.the.Prcnlisr� 4s wafl as its trade Ctxtures, furnWiitigs, egvipmedit, lersotral property arrd Imsohold i;aiproventents In a iTvuwv and to a condition a wil to that exislbrg prior to tbr,occurmt-ce of thy:dMillage or oaaurtlty, In which caso any applleable insutat.roe proceeds Shall be used far auah rrpEil• or restoratlotl, There sbali or nn abatentelt of Resat or other Ou tges its tltc event of any fire or other casualty, 163, Notwitl.standhlg the foregoing.. each party shall look first to any insurance wyorago that it carries or any ingqurcnco ccwa age dint such prtP•ty would have if it mpt the regWrotnoilts of this Lease, bulb.-p making ally claztn against the etllcr party 'for recovery for loss or daninge re-sult`sug i1mi fire or other ousualty, and to tl.e extent diet such Insurance, cr Vae furs.mace rNulred by this Lcaso, if in forco, ivould have paid the claim, Undlord and Tetiaai each hereby relmses rind wnives all right of recovery agail1st the other or anyouo alaioli.tlg through or undc�r cacti of thorn by way of subrogatloa or otherwise, Tet.aut acknowl feat Landlord, will rot carry imurnuce on the 1'tmui-qcs or an `rerizut's pt;rson&L,property, f.xtttrc3, Find improvements, acid agVees that Landlord will not be obligated to repair any dot-wao or replace tlxe Rntaa, 17. Rep airs 17'L `.Co'aaat smell, at its own expetlsc, 31.Afnbin, repair and replace the Pmnisr� and every part t`wcuf to Lila mt1sfac6iern of Laudlord. Sucli responsibility fnoludes, but is not'limited to, wowing all grastti &read wid c-wiug snow from parking lots arid sidowalks wfhe<c applicuble and rr►alntalnbng the exterior IFuidscapiug of the Premiss to u level coasistent with.the condition of Elio PretzAws as of Llie Efi'tative Datc, Luril.ar, Tenant Hhuill, nt Ita own expai,3a, mnhitata the Pretrrlsw hi a olmn trod safe condition in accord with all federal, state and local laws, ardianneca and regulrttions, gull the dirmtiotls of ally hnith officer, fire rnarehal, buildixrg inspctcn, ear ctllct govelarl.crtt,al agency lravi.rgjttrisdictlora over thei'rorrit3es, With regard to the tnftintenanue and repair of the sjxorts fields oil the Pranliscs,Teauant alxall submIL In writi.,.g tlae nanle of the company at person retained by Teaat.f to repair or z1aiutnin such areas for written approval of the company or person by the Landlord. Tenant's requ45at for approval shall be,nttbnlittedl to the Direc tar of PEAR arad Recreation for the,City 41auaing. 172. `renaut shall ra-mir fill darthage tea the Pi misess caused by tiny activity of'roilant, including but not lln.ited to the I noviag or�`Tenant's fixtures of perRoval propcily, m t1vough the negligence or whifirl acts of, Tenant, Us agents or iuvitem.All rcf]ults,0mU be ofgiWlty equal to the ctrigazal constructioa. 17,3, "There ahall be no mcluction in the A=91 13asa Rent: or o6 r charges nor shall there be tiny '.febilily on the Pto of Landlord by reagou of incotivertiaice, arnoyazico or hr vey to buiineas arising froth S lufford, 'I`mant, or others making or f-ti inui to rnalce Rny ropairs, alterations, additions or nnhrovciucnts to any p onion.of ti.o Pr.etnises, 17A Tenwit shall keep tb.e P.•=ises free of Belts for woric claimed to have been doze for, or materauls furnished to Tonart gaud will hold Laz.;turd llut..less from any liem which may be pinael un 11e Prealiaes except ftae attt•ibutabl;+ to the acts of Landlord, lit the event to oenatructien or other lien shiAl be filed 7 `Hgiflnsl flta:l'rt:utist or Tenant's ltiWeA Lis Li resin,of any work undertztken by Tennant, or us a reaLtlt cnfatny repairs or alteratlamwa&by Tanvaat, or ao)=otbw rice{ofTettaat,Tcnan7t shrill, within t4ir•Y(30) chtys ailu receiving 1nDtice of the Ilea,dlic:ltnrge the Nett. Ir the Lwennt"1"enant snail NJ to dLialvrge such licl1,Landlord ShE111 leave Phu r*i1[,'b11[:t)ot tine obligr-Ainn, to tanydnate this Leash or proccurt moli cFsettargo, and Tatialit shrill pray thq cD•st cf froauriang Slach disclatrrgo to Lw dlord os Additional kunt 5A' t1i11 tit rty (30) days of Laazdiot•d rece�vtang sLtch clsciiarge, 18, Eminent_Domain l 8,1. If fifty piroant(501/0) or more of the leash 10 611•oun3d Area of tl1t5 PTanises is oocndettuned nr toe en in e,ity.n'nanuer, hioWding withmit litnn,itatiotn tatty convoyanca in Neil of candeniftmtlon, :for attiy pub"lio of gLmBi- puU_lic use ("Taken"), the Term of tins Lease shall cease and temiinato as of tine date title is vested ill thin o ntdcnlfng autlnarity. 18,2. if leas Gnarl Fitts pearetnt (50%) of the lcasF,* ground area of Pretnlses is Takeo, Landlord slna.11 have the riglit,'but mot the obligntion, to totinninate this Lease by wing mIttezanotice within thirty (30}days after being notified of such taidag, raid in suob ovetnt, terms-nation slsall b® effective `fpon the date designated by Lttndldrd in t!.ne notice of tcrr<wttltloan, 18,3. The whole of auy away°d or eatlapexts d(m for any portion of the Pr=dses Taken, including the valuo of Tenant's leasehold interest under the Leiso, slvill be,solely the prova-ty of Landlord.Tenant is not prmluded frain seakirng, at its own eaf ono, an award froao the cmduwun-g authority for loss of the,value of any trude fixtures or other "-scml propealy in Me Pretnnisys, or moving expanses, provided that tine award:`or mach claim or claims shall not dln h-IiSh thO QWnrd 111a =a to Landlord. 18.4, in tllo oy mt the Premises or any pot'tica are Palwai, Toatint shall Nve Ito Claim agaiinst Landlord for the valua of atny uttexpir•ed Texan of thin Terse or otherwipo. hi the event of a VsAial toldllg of the Prerrrsus which does not result in a terualaratiori of tl>is U-usc, the Armual Dnsc Rent thcxulfl:er Shall not be adjusted or partially reducA i9. .�ssz�tut�etst nr�'arl�l�tir�g 14,1. Tenant shall not assign, time Learns or sublet the Pr raises, without 'tom prior written consont F Landlord, Any ottemptod wiga meant or•slalbletting withotll nonseat shall bo invalid, No asaigillia.011t or sublottitig shall be binding upon LaiOloid unleas khe assignee or subteaaat ,t-A deliver to Laadlox� an instrument contsiining all agreacticot of nsaumption of all of Tmont's ot?1igetiltim wader di6 Lf-,1se. if Twant,with of without the previous aorn®eaLt of Landlord,does assign or transfea, IN3 Lease or any estate or inln*rest therein ill any Mautwx,Tonaut will riot be relmsul%n any way froarr any of its abEgations under tits Leese. Uprn the ocourrrxim of an event, of default, if all or any part of the Pt'eniises arcs then assigned or 8�.t'alet, Landlord, in addition to any tokher remeAioa,,Anil have tho right,but not the oblintiorl, to collect dirwtly frown the assipice or 5ubttwout Lill Runt laccaaning due to Lanndlord, Any collectlotn by Laudlard fn'on.l. the assignee cr stlbte€natnt alnall trot be com9lrttecl w3 a waiver or mic.;ase of Tenant i-om the thrthor Dufbnnxawec of the eavenaat� of this Luse or the making of a new lease annuli ettrla i8sigu,-or Pubte tt. The mztricti=8 acid obligations ort forth urdrr this i;wUuti do include Tenanrt's right to react playing rebus nn the PrQ-419ea for the Deslf nsted use as ee15=1 hareta, 8 5 20." .11ISI)CCH011 O f.prat dse'S 203, Tenant: shall prrmit Landlord, or Landlord's atetinoriaed tlgeney, agent, or etnla.loyee to Gtlter the Pretillses during normal business hours for the purpose of Inspecting tine Premism. 21, Nodee 21.1, All lrhlls, notices, statements, eonxnlu-Moatiotns, or demends (collectively the "Notices") required utider this Lease.must be in writing, Any Notices froth Landlord to Tenant will bo decnncd to have been duly gild strfixialitly given if a copy has bem personally delivered, or mailed 'by 'United States iatahi, postage prepaid, or sent via courier service to Tenant at the address of the Promises or at such other address as Tenant may designato in writing, Any Notices from Tenant to Landlord will be doomed to lnavo been duly send sttf'ficiaitly given If delivered Co Landlord int Elie stone inamiw as provided above at the Landlord's Offloe, care of the Mayor of the City of Lansing with a copy to the Dirmtor of Parks and Recreation,City of Lansing, or at such ether addrom as Landlord may designate in writing, 22. Breach,RL Entq, Termination 22,1, Each of the following shall be deemed sn event of default: (i)'T'etiant's failure to make poymeat of Rent due hereunder wltUi ten (10) clays. truer Tenant's receipt of written notice of such failure front Landlord, or (ii)Teinant's failure to perform any of the covenants of this Lease for-more than.ten(10) clays after Tenant's receipt of written ivyko of such failure from Landlord; or (iii) if Tenant shall petition for relief under the batihcruptcy laws, or shall male act assignment for the bens flt of creditors, or if a receiver of any property of the Temint be appointed In-any action, suit or proeeecthig by or against Tomtit, or if Tenant shall admit to any creditor or to Landlord that it is insolveatt, or if the interest of Tenant in the Pmaiises shall be sold uucler execution or other legal process, or if Tontant shall abandon the Premises, 22.2. Upon the occurrence of an event of default, Lteaacllord shall have the right to terminate die Lease and shall be entitled to 1tmiiedlate posoe89ion7,of the Premises. Landlord may make Its election to tcrwiluite, known to Tenant by delivery of a notice oftetn-6ation. Such termination shall be inunediately effective and Landlord shalL be entitled to forthwith commend ara action hi sL nimary proceedings to recover possessions of the premises, Tenant waives all notice in convsectioa with such termination, inclWing by way of illustration b-at not [Imitation notice of intent to terntisate,danaud for possessimi or paytnieut, and notice of re-01stry, 223, No receipt of money by the Landlord from Elie Tenant alter the tomiltsation of thus Lease shall reinstate, continuo or extend tho tetni, nor affect or waive any nsotioe given by the Landlord to the Tenant prior to Buch receipt ofmoacy, 22.4, Should Landlord at any tinie ternikmte this Lcose, in addition to any other rcaliedies it nuly lino,it may recover from Tanaut till dainnages it may hicur by reason of Any default, incladhsg .the cost of recovering the Prcnnuses, reasonable attorneys' fees, and damages equal to lost Rent, till of wlilcb amosunls shall bo immediately duo and payable from, errant to Lantcllord, 225, The Landlord's nights, rennedi,es and benefits provided by this Lease shall be eLnrtt_tlative, and shall ` not be exclusive of any other rights,remedies and benefits allowed by law, 22,6. Landlord slid Tenth[ agree that they shall rely solely upon the terms crF this Lease to gavwn their relati.onashita, They furtlser agree that relianlce upon any reprosentation, act or omission outsid.o the temis of 9 ' y Uils,-Lease shrill br, deamed unreasonable, widl shall not est6lish tiny rights gar obligations on the part 01' either party, 22.7, One or morn wa.lvers of ltiy covenant V the Lease by either .party shall not be constrtasdl tas a wavvu, of al subsequertt breaola of the same covenant and the consent or approval 'by Landlord to or of any nct by Tenant rccluiring Landlord`s colisant or app-roval shall not be deemed a walver of Landlord's colimnt or approval to or of any subseclaetat shi ilar act by Tenatat.No breach of a covenant of this Lease shall be deemed to Have been waived by Landlord, unless such waiver (1) is In writing signed by Landlord; (ii) identifies the breach, and(W) expressly states that it is a waiver of the identified breads. 22.8,N0twitl1sN!uclil>g anythitlg to the contrary,Tenant acluiowlcclges and agrees that its obligation to pay Rent ulldar this Lease is an incleperldent covenant, and that suoh obligation to pay is not sabject to setoff or rwoupinellt in connection with any 106011 FOP suluulal'y proceedings to recover possession of thr,Prenuses, 22,9. Landlord and Tenant hereby waive trial by jury- in connection with aaly action for summary proem1bigs to recover posemi.on of the Promises, further, Landlord and Tenant waive trial by jury in cotulectioll with ally action arising Out of or relating to-tile covenants of this Lease, with the exception of aetlorm for personal injury of p:ropelty damage. 22,10,In the eveilt that Landlord is regltired to bring an action Arising out of the covenants of this Lease, or in the evelt Landlord widertal{es all action for suiixnlary proceedings to recover possession of the Premises, Teaaant agrees to paay Landlord such reasoiwble coals and attorneys' fees as Landlord may incur in connection with sucll action. 22,11. Tenant shalt not be entitled to surrender the Premises to avoid liability for Rent clue to the condition .of the Premises or Prenuses, nor shall any purported coasensnal surrender be uPfectivo unless expressly agreed to its a writing signed by the Landlord, 22.12. Laidhord anti Tenant hereby represent that in the event an action for sunlallary proceedings to recover possession of the Premises is oon-ananced, the amount set forth in this Lease shall be deelned reasouaabie Rent for the Premises. 23, Sup ender of Praerrrlseff on Tel nditation 23.1. Upon tern-lination Tenant shall surrealder the Premises clean and in tilt same condition as on the Conuueneeinent Date, except for aany approved improvements approved by Landlord, and.promptly deliver all keys for the Prenuses to Landlord. Any damage to the Prargses resulting.loin ren.oval of trade fixture, personal property or similar iteltls shall be repaired.at Tennnt`s expea.se.A11 expenses ialcurredt by Landlord ill colmoction with.repairing or restorh ig .'lie Premises to the designated condition, together with the costs, if any, of removing any property of Tenant shall be Invoiced. to Tenant and be paynble within ten (10) days after receipt Of invoiay. if payment is not inade on the iln+oi.co, Landlord shall be entitled to access the Security Deposit to pay the invoice, 2C Per forrrranva bi)Landlord of the Covey ano uf'Tenarrt 24.1. if Tenant fails to pay sally money or to perform any covenant required by this Leaso,Landlord,shall have the right, but liot the obligations, to maalce q=h payment or access the Pren-ises and perforua such.not. All sums so paid or incurred by Lnndlord and Gill incidental costs, including witllolrt limitation the cost of 10 `voliair, maintenatico or restoration of tllv, Premises, shall be deemed additional rout and shall be drte and payable within thirty (30) ofTertant's reue.lpt of any Invoice, 25, 1101ding,O mr 251. If T etimit roma.im In,possession of the Ptonuscs after the Tetaritiation:Date,it will bo deetilecl to bo ocoupying the Premises as a month to month tonaltt, subject to all the covenants of this Leaso to tlae extent that they coil be applied to a month to month tetlaney, except that the monthly insta1hncnt of base rent for each month will bo `lien Thotlsand Dollars and Oftents (,510,000,00) payable on tllo 'f,'ir8t day or each month Tonatlt holds over. 26. Indetarrtlfication 26.1. 'Tenant shalt, at its expense, indemnify, defend, Lind hold harnilcss Landlord, its lieatisccs, serYauis, agents, employees mid contractors, front any loss, damage, claim, liability or expense, (melding reasonable attorney fees) of ally kind, type or description, including without litlaitfitiom, claims for bodily fitjury, disease, death, property cimnage or euvirol mental clean-tile arishig directly or indirectly out of or ill connection with the acts or otnissiotis of Tenant, its licensees, gervarits, agents, employees, guests,lixvitaes or coatrectors,or the failure of Tenant to comply with any covenant of tills Lease, 27. Defirrlliorr o}'I ruzrllnrd;Lririr!lnrtl's Liabilibi 27,1. The terns"Landlord" as used in this Lease is limited to inean and include only the City of Lansing, and in the overt of any sale or trans-ror of Landlords interests in the Premiseg, the Landlord herein named (and in cane of tiny subsegvent transfers of conveyances the then grantor) will autoinattcally be released of all liability for the performauce of any covenants oontrtiued>u tlna Lease, 27,2. In addition,with regard to tiny approval required at giveti by the Landlord, the torte"Landlord"as used h-i the Leas, unless slaeciflcaIly stated otherwise, is limited to mean the,cmcont or acting Mayor of the City of Lansing, or nuy other person authorized or dasigtxatecl in writing by the Muyot• to give such approval. 28. Galle irl 28.1. This Lease oontains the entire witli respect to the matters desctdbed harchi and is a complete and exalusive statement of the terms thereof a.nd supersedes till previous agreements with respect to such matters. This Lease may not be filtered or modi'kiecl.except by a writing signed by Landlord and Tenant. 282, Tfine is orthe essence li thus Lease with respmt to the performance of all covenmita, 28.3. There are tic reprosentations with respect to the condition of the Prenuses,including but not hiinited to tlwe ,nvjronweiital conditicn of the Proinises, and rents, .leases, expenses of operation or any other.nutter resiated to(lie Prennisw except as expressly set forth in this Lease, and iio rights, casements or li.censc,s are acquired by Tenant by implication or otherwise. 28. 4. .Ali questions with respect to the construction of this Lease shall-be deterniinQd in Accord with the laws of the State of Mi.cWMn, 1l ` '28;S, RffrWt3ttce in dais Lease to porscrtb, lwtilioq kind il:wr,s have bmi gen ralizod,T11orefore, tcl'etckncc to n sltijv)c prsnn, earthy or itan will also Faimn n,ovc than ow;person, entity or thing whenever such uxage is aj1pro151'40 (Por example, 1,701Tarit" nlay itacftldc, if approprlato, s group of p,sobs 4c0nl; an a singlo o ARY, nr as te(Iantarin-corTU-nOTl). Similarly, pronoutis of ono gundw should be co-nSiderod intemliangcnb.le lvith pronouns of the arbor gendu•, 28,6, This Lease sball be binding on mocessors avid assigns. 28.7, fi' any covei-.wit of thfig LoRso shell ba InvOid, illegal of uticxilbiocablc, 9tiol) cevewnt stwil be enforced to the full t coat permitted by(applicable inw, and the validity, legality and enfbrccahi_ity of tine retanalt-ar,g eavilauta Shall rant in any way be alfwteil or hnpairA This Leese OwIt riot be conaVuea to Nvor Undlord or Tarrant. 28,& This Lease may be axccuted in one or mote countexpurts, tend such cowiteq arts as linvo been, executed by both panics huoto shall each be deokn7ed to be att original instrumcn,, Landicud alai T(�umnli, agree to accept a digital innage of this Lcarro, as frilly exwiLcd, Re n 4°uo anct correct er ginal acid admissible as best ovidence to tl,e oximt pernuttcd by n co-urt with proper jurisdiction, [SIGNATURES ONTI ,FOLL.OWIN0PAGE] 12 RN WITNESS MiEREOF,L vdlord end Tenant have exe nted this Lom e.s of tho Lonso Date, LANDLORD- TEN-kffr; Tic City Ol l'allsing Sports'ftd",UC, a Mlohigan municipal aorpor otlott it Miehigata Mimi€md liability romprmy By, By. 1 Nama: Virgil Bernavo 1lnn a; Lts, Mayor,City of Ulsing Its, A13pravod as to form. 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