Authorizing lease of an unused Fire Station to A.C.T.I.O.N., INC., for use as offices

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This indenture witnesseth, that CIVIL. CITY OF SOUTH £END, INDIANA, a municipality acting by and through its Board of Public 'llorks and Safety and its Mayor hereafter referred to as "Lessor", leases to: A.C.T.I.O.N., INC. hereafter referred to as "Lessee for and in consideration of the covenants and agreements hereinafter mentioned, the premises in St. Joseph County, State of Indiana, known and described as follows: A portion of land in' the Wenger and Kreighbaum's Vistula Avenue Addition con- sisting of Lots F and G and the Eastern portion of Lot E described as follows: Beginning at 'a point of the intersection at the Northwest side of an alley and the Southwest line of Lincoln Way East in the City of South Bend, said point being the Southeast corner of Lot G in aforesaid Addition running thence in a • northwesterly direction about One Hundred Twenty-five (125) feet more or less to the southeasterly corner of Lot V on said plat; thence southwesterly Thirty (30) feet along the South line of said Lot V to the Southwest corner of said Lot V; thence Northwesterly along the West line of said Lot V Fifty (50) feet more or less to the center line of Bowman Ditch; thence in a South- westerly direction following the center line of said Ditch to the intersection of the West line of Lot E; thence in a southeasterly direction along the South- west ends of Lots E, F and G to the South line of Lot G, being the North- west line of above mentioned alley; thence in a northeasterly direction along the Southeast line of Lot G to the place of beginning, all as shown in Plat Book 9, Page 100 in the Office of the,.•Recorder of St. Joseph County, Indiana To have and to hold the saute unto the lessee from October 1 1969 , to and including ' September 30, 19 70 , and the lessee, in consideration of said demise, does covenant and agree with the lessor as follows: 1. The Lessee hereby represents that lie will use said premises for the following described purposes and for no other purposes whatsoever: Offices for A.C.T.I.O.N., INC. 2. To pay as rent for said leased premises the sum of TWO THOUSAND THIRTY-FIVE ($2,035.00) dollars payable as follows: in the farm of an in-kind credit to the Lessor's share of local govern- mvnt's contribution to the support of the local anti-poverty program in St. Joseph County, Indiana, and such credit shall be granted by delivery to the Lessor of an in-kind receipt of credit each month for 1/12 of the annual rental. without notice or demand, each installment to be paid in advance upon the first day of each installment period to the Lessor or at such other place as the Lessor may from time to time designate in writing. I That the Lessee has examined and !Snows the condition of said premises and has received the same in good order and repair, except as herein otherwise specified,and that no representations as to the condition of repair thereof have been made by the Lessor or his npre;sentaticr, prior to or at the execution of this lease that are not herein expressed or endorsed hereon; and that Lessee will keep the interior and exterior of said premises in good repair, including the roof and walls, replacing all broken glass with glass of the same size and quality as that broken,and will keep said premises and appurtenances,as well as all eaves,downspouting,catch basins,drains, stools, lavatories, sidewalks, adjoining alleys and all other facilities and equipment in connection with said premises, in a clean and healthy condition,according to the city ordinances,and the direction of the proper public officers,during the term of this lease,at his own expense; and upon the termination of this lease in any way, will yield up said premises to Lessor in good condition and repair (loss by fire and ordinary wear excepted) and will deliver the keys to Lessor. •1. That Lessor shall not be liable for damage caused by hidden defects or failure to keep said premises in repair,and shall not be liable for any daniage done or occasioned by or front plumbing,gas, water, steam,or other pipes, or sewerage,or the bursting or leaking of plumbing or of anv plumbing or heating fixtures or waste or soil pipe existing in connection with said building or premises, nor for damage occasioned'by neater,snow or ice being upon sidewalks or coming through the roof, sky-light, trap door or otherwise., nor for any damages arising from negligi-rice of co-tenants or other occupants of the same building, or the agents, employees or servants of any of them, or of any owners or occupants of adjacent or contiguous property. 5. The Lessor shall not he liable for any injury to the Lessee or any other person, occurring on or in front of said premises, ir- n•spec'tive of whether said injury is caused by a defect in said premises or by reason of said premises becoming out of repair or arising from ally other cause whatsoever,and the Lessor shall not be liable for damage to Lessee's property or to the property of any other person which may be!orated in or upon said premises and the Lessee agrees to indemnify and cave harmless the Lessor from any and all claims arising out of injuries to persons or property occurring on or about said premises. f. That the Lessee will not allow said premises to be used for any purpose that will increase the rate of insurance thereon, nor to be occupied in whole or in part by any other person, and will not sublet the same or any part thereof, nor assign this lease or any part thereof without, in each case the written consent of the Lessor first had and obtained, and will not permit any transfer, by operation of law,of any interest in said premises acquired through this lease,and will not permit said premises to be used for any unlawful purpose or purpose that ceill injure the reputation of the same or of the building of which it is a part,nor disturb the tenants of such building or of the neighborhood and will not allow any sign or placards posted or placed thereon;except by written consent of the Lessor. COPYRIGHT.1957,.T.JOSEPH COUNTY INDIANA BAR ASSOCIATION 19 "