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Approving a lease between the Board of Public Works and the South Bend Civic Theatre Inc. for use of the premises at 701 Portage Ave, from January 1, 1978 through December 31, 197 8
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Approving a lease between the Board of Public Works and the South Bend Civic Theatre Inc. for use of the premises at 701 Portage Ave, from January 1, 1978 through December 31, 197 8
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
4/10/1978
Ord-Res Number
611-78
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9. Lessee shall promptly pay and discharge all store <br />license taxes and all general property taxes or special license <br />fees that may be assessed or levied by any lawful authority arTain:;t <br />the property of Lessee or any sub - tenants on, against, or by virtue <br />of the business conducted in or on the demised premises during; the <br />term of this lease. <br />10. Lessee shall promptly pay (in addition to the rents above <br />specified) all water, sewerage, electric, power, gas and heating <br />bills taxed, levied, or charged against the premises for and during <br />the terra of this lease. <br />11. Lessee covenants that should he make default in his a7rt!e- <br />ment to pay the rent above provided to be paid, or any part thereof, <br />or in any of the other covenants and agreements herein contained, tie <br />will at once deliver peaceable possession of said premises to the <br />Lessor, and, failing to do so, it shall be lawful for the Lessor,'_ <br />his heirs or assigns, to declare said term ended, and pursuant to <br />process of law, to reenter said demised premises, or any part there- <br />of, to expel, remove, and put out the Lessee, or any person or per :,oris <br />occupying the same, and to repossess and use said premises as before <br />this demise, without prejudice to any remedies which mirrht otherwi:,- <br />be used for arrears of rent or prior breach of covenants. i <br />12. Lessee further covenants and agrees that Lessor shall have <br />at all times the right to distrain for rent due, and shall have a <br />valid first lien upon all property of Lessee, whether exempt by lair <br />or not, as security -for the payment of the rent herein covenanted to <br />be paid. <br />M13. That after the service of notice, or the commencement -of a <br />suit, or after final judgment for possession of said premises, Lessor._ <br />may receive and collect any rent due and the payment of said rent <br />shall not waive or affect said notice, said suit or said judgment. <br />14. Assignment of this lease by Lessee is prohibited unless made <br />with the consent of Lessor. Such consent shall not be.unreasonably <br />withheld. <br />15. If the Lessee shall make any assignment for the benefit of <br />creditors or if a receiver is appointed for the Lessee or his assets <br />or of the Lessee's interest under this lease, and if the appointment <br />of such receiver is not vacated within five (5) days, or if a volun- <br />tary or involuntary petition is filed by or against Lessee under the <br />Bankruptcy Act, the Lessor may, upon giving the Lessee ten (10) days <br />notice of such election, either terminate Lessee's right to the <br />possession of the demised premises or terminate this lease an in the <br />Ca3e of a violation by the Lessee of any of the terms, covenants.or <br />conditions of this lease. <br />16. It is agreed by the parties hereto that in the event Lessee• <br />is declared bankrupt or voluntarily offers to creditors terms of <br />composition or in case a receiver is appointed to take charae'of and <br />conduct the affairs of the Lessee, then Lessor shall have the rir*ht <br />of immediate possession of said premises. <br />17. That in care said premises shall be so injured by fire, <br />windstorm or other catastrophe as to be rendered untenantahle, anti <br />shall not be repaired by the Lessor and rendered tenantable within <br />be ninety (90) days thereafter, it shall e a <br />noti�eaatwthe endhof suchv <br />hereto to terminate the lease by writ <br />ninety (90) days, in which case rent shall be pai(I at the arrreed rate <br />above provided up to the time of such fire; but in case such injuries;. <br />are repaired and the premises rendered tenantable within ninety (90)- <br />- 3 - <br />
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