Authorizing lease of the Fire Station at 701 Portage Avenue to South Bend Civic Theatre, Inc.

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7. That no alterations, changes or additions in said leased premises shall be made without first submitting written plans and specifications for the same to the Lessor and obtaining his written consent to make the same. In the event of any such remodeling,altera- tions or additions that Lessee shall make the same at his own expense and shall promptly pay for all materials and labor involved in making the same.Lessee shall not permit any liens or claims or demands of any nature to exist against the Lessor or the leased premises. I In the event any lien, claim-or demand or any action for enforcing the same shall be filed or made against the Lessor or said premises, the Lessee shall defend the same at his own expense and Lessee hereby agrees to indemnify and hold harmless the Lessor from any and all liability or expense arising by virtue of such claim, demand or lien or the defense of any action filed to enforce the same.Any such alterations, changes or additions shall, when made, become a part of said leased premises and remain thereon as the property of the Lessor at the termination of said lease at the option of the Lessor. If the Lessor shall require the Lessee to restore the premises to the original condition in which it was before this lease is executed,then the Lessee shall restore said premise to such condition at his own expense,and all of the provisions of this lease with reference to such restoration contracts, liens, demands and expenses shall apply to said restoration as well as the original alterations. 8. To allow Lessor free access to the premises for the purpose of examining or exhibiting the same and also to allow the Lessor to place upon said premises, at any and all times, "For Sale"signs, and within ninety (90) days of the termination of this lease"For Rent"signs. 9.Lessee shall promptly pay and discharge all store license taxes and all general property taxes or special license fees that may be assessed or levied by any lawful authority against the property of Lessee or any sub-tenants on, against,or by virtue of the business conducted in or on the demised premises during the term of this lease. 10. Lessee shall promptly pay (in addition to the rents above specified) all water,sewerage,electric,power,gas and heating bills taxed,levied, or charged against the premises for and during the term of this lease. 11.Lessee covenants that should he make default in his agreement to pay the rent above provided to be paid,or any part thereof, or in any of the other covenants and agreements herein contained, he will at once deliver peaceable possession of said premises to the Lessor,arid,failing to do so, it shall be lawful for the Lessor,his heirs or assigns,without notice,to declare said term ended,and to re- enter said den:iced premises,or any part thereof,either with or without process of law,and to expel,remove and put out the Lessee,or any person or persons occupying the same,using such force as may be necessary so to do,and to repossess and use said premises as before this demise, without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenants,and Lessee further covenants and agrees, that Lessor shall have, at all times, the right to distrain for rent due, and shall have a valid and first lien upon all property of Lessee whether exempt by law or not,as security for the payment of the rent herein covenanted to be paid. 12.That after the service of notice,or the commencement of a suit,or after final judgement for possession of said premises,Lessor may receive and collect any rent due and the payment of said rent shall not waive or affect said notice,said suit or said judgement. 13. If the Lessee shall make any assignment for the benefit of creditors or if a receiver is appointed for the Lessee or his assets or of the Lessee's interest under this lease,and if the appointment of such receiver is not vacated within five (5) days,or if a voluntary or involuntary petition is filed by or against Lessee under the Bankruptcy Act,the Lessor may,upon giving the Lessee ten (10) days notice of such election,either terminate Lessee's right to the possession of the demised premises or terminate this lease as in the case of a violation by the Lessee of any of the terms,covenants or conditions of this lease. 14.It is agreed by the parties hereto that in the event Lessee is declared bankrupt or voluntarily offers to creditors terms of composi- tion or in case a receiver is appointed to take charge of and conduct the affairs of the Lessee,then Lessor shall have the right of immediate possession of said premises. 15.That in case said premises shall be so injured by fire,windstorm or other catastrophe as to be rendered untenantable,and shall not be repaired by the Lessor and rendered tenantable within ninety (90) days thereafter, it shall be optional with either party hereto to terminate the lease by written notice at the end of such ninety (90) days,in which case rent shall be paid at the agreed rate above provided up to the time of such fire;but in case such injuries are repaired and the premises rendered tenantable within ninety (90) days,the right to terminate the lease for such cause shall not exist;provided,that nothing herein contained shall relieve the Lessee from liability for rent or damage inhere such dannage or destruction shall be caused by the carelessness,negligence or improper conduct of the Lessee,his agents or serve:ts. } 16. It is expressly agreed that no waiver nor apparent waiver, nor the failure of Lessor to require strict performance of any condition, covenant or agreement shall estop the Lessor from enforcing such condition, covertant or agreement, nor any other condition, covenant or agreement shall at any time be implied. 17.At the termination of this lease,by lapse of time or otherwise,Lessee will yield up immediate possession to Lessor,and failing so to do, will pay as liquidated damages for each day such possession is withheld,a sum equal to five times the per diem rental;but the provisions of this clause shall not be held as a waiver by Lessor of any rights of re-entry as herein set forth; nor shall the receipt of said rent or any part thereof,or any other act in apparent affirmance of tenancy,operate as a waiver of the right to forfeit this lease and the term hereby granted for the period still unexpired,for any breach of any of the covenants herein. 18.It is also agreed that the Lessee shall pay and discharge all reasonable costs,attorney's fees and expenses that shall be made and incurred by the Lessor in enforcing the covenants and agreements of this lease, including the agreement to deliver possession for any reason herein provided;and all the parties to this lease agree that the covenants and agreements herein contained shall be binding upon, apply and inure to their respective heirs,executors,administrators,successors and assigns, and the terms "Lessor"and "Lessee"shall embrace all of the parties hereto irrespective of number or gender. 19. It is agreed that all payments herein provided to be made shall be made without relief from valuation or appraisement laws, and all payments required to be made which shall not be made at the time due shall bear interest at the rate of six per cent per annum from date of delinquency. 20. Clauses numbered (a) , (b) and (C) are hereby incorporated in and made made a part of this lease. Dated this, '�day of January 19 68 I X XXXXXXUXX Sc R x �c� za�cax "✓Xtio 33 F� k�C(IXnQ�ln X%X X X"n x�cx9�xxx R cstx�c hc" x>K i�x xx�F�(x'x khc'Rx�c Xxx�cR xx r�(XXXXX&X9fxxxxxxxxxxXXXAIOXxxxx ,r�xxxa��xxxxx `A't�X��•kXf(_h h' 3h tCX H X'X -X'nl 1('�h 1( K 7�+t'k";Y,"�" �.t 1.�('1i i�'Y:�i/('it}('x ilrh `Yi w. M K'P:K';"P:Ntf.'Nr.'A1(it 1A lWy it'll t<`O NX,X_tL)(D 6XJ(1)OxXl(NXXXXXXXXXXXXXXXXXXXXfXXlXXXXX X X XX X X X XDGXtXVxxxxX X This instrument was prepared by Arthur W Frisk, City Attorney South Bend, Indiana Member of St.Joseph County Indiana Bar Association �I �I I ,