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HomeMy WebLinkAbout4641-17 Lease agreement- Parking Lot located at 214-216 West Wayne Street RESOLUTION No. 4641-17 Passed by the Common Council of the City of South Bend, Indiana June 12, 20J-1 . Attest: City Clerk Attest "���j President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 13 20 IL I. City Clerk Approved and signed by me 201 MEW RESOLUTION NO. RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,APPROVING LEASE OF PARKING LOT LOCATED AT 214- 216 WEST WAYNE STREET WHEREAS,the City of South Bend("City") wishes to enter into a lease of a parking lot located at 214-216 West Wayne Street, South Bend, IN 46601 ("Property") owned by Mary Coyne Investments, LLC ("Landlord"); and WHEREAS,the City is requesting to lease the Property for use by the City of South Bend Employees and Contractors ("Employees"); and WHEREAS,the City seeks to lease of the Property for a term of five (5) years; and WHEREAS,the Board of Public Works held a public hearing with respect to the appropriateness of the proposed lease at its 25 , 2017 meeting; and WHEREAS,pursuant to I.C. § 36-1-10-7, the City has collect signatures from fifty (50) City residents within the neighborhood of the Property indicating their support of the lease of the Property. Said petition is attached hereto as Exhibit A and incorporated herein; and WHEREAS,pursuant to I.C. § 36-1-10-7,the Common Council must determine that the parking lot is needed and approve said lease of the Property. NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Common Council deems it necessary for the City to lease the Property located at 214-216 West Wayne Street for use by the City Employees. 2. The City of South Bend is hereby authorized to lease the Property. ADOPTED at a meeting of the Common Council of the City of South Bend, Indiana held on 12-, 2017, at the County-City Building, 227 West Jefferson Boulevard, South Aend, Indiana 46601. Cog eil Members 1 Tim Scott, P esident Re 'na Williams-Pr ston, Member Gavin Ferlic, Member id Varner, Member IL IL R K e Oliver lAvis,96mber $N d uv- Jo oden, Memb John Voorde,Member Q,u"Vl- Karen White, Member I ATTEST: Kareemah ler, Clerk Filed in Clerk's Office JUN 0 7 2017 PRESENTED 'I('21In KAREEMTH-FCiVV- I=R NOT APPROVF CITY CLERK,SOUT BEND, IN 'ADOPTFP LQ 1l2 `� Filed in Citirk's Office PARKING LOT LEASE ^�r� JUN 0 7 2017 This Lease (the "Lease") is made April, 2017, between The City of South Ben ("Le see) and Mary Co e Investments,LLC. ("Lessor"). KAREEMA H F°' V&r--_R 1.Leased Premises. Lessor hereby leases to Lessee and Lessee hereby leases fro '$pLIX 112,IN improvements and all appurtenances which consist of the entire parking facility located at 214-216 W.Wayne Street, South Bend,Indiana 46601 (parcel number 18-3 008-025 1)(the"Leased Premises"). 2.Lease Term. The term of this Lease shall be for an initial term of five years(5),commencing on May 1,2017.This Lease is subject to ratification from the South Bend Common Council. 3.Rent. In consideration hereof,the Lessee covenants and agrees to pay to Lessor,at the address set forth in Paragraph 14 or such other place as Lessor may from time-to-time designate in writing, rent for the Leased Premises in the following manner: a. Fixed Rent. Before the first (1 st) day of each month during the term of this Lease, Lessee agrees to pay Lessor a fixed monthly rent of one thousand four hundred dollars($1,400.00)for the Leased Premises.If the commencement date is not the first day of a month, or if the Lease termination date is not the last day of a month, a prorated monthly installment shall be paid at the then current rate for the fractional month. Lessee agrees to pay an increase in rent of 3%per year following the first year. 4.Use. The Leased Premises shall be used for vehicle parking and related purposes and such other purposes as may be incidental thereto. Lessee shall have the right to install or erect at its expense, signage suitable for advertising purposes in or adjacent to the Leased Premises and any personal property or trade fixtures Lessee deems necessary for conducting business upon the Leased Premises in accordance with the uses and purposes provided herein. 5.Indemnification. Lessee shall indemnify and hold harmless Lessor from any and all loss, costs (including reasonable attorney's fees), and liability on account of any damages, injuries, claims and demands to the extent caused by negligent errors, omissions or misconduct of Lessee, its agents or employees but only to the extent that same are caused by the negligence,misconduct or other fault of Lessee. Lessor shall indemnify and hold harmless Lessee from all loss, costs(including reasonable attorney's fees),and liability on account of any damages, injuries, claims and demands to the extent caused by the negligent errors, omissions or misconduct of Lessor, its agents or employees. Lessee shall not be liable for any loss or liability caused by or arising from: (a)any structural defect on or about the Leased Premises; (b)the design of the Leased Premises or any acts or omissions of the Lessor,Lessor's agents, employees,licensees, or invitees. 6.Insurance. The parties hereto acknowledge that Lessee is self-insured under Indiana law. Lessor shall, at its own cost and expense, insure its obligations hereunder and keep in effect for the Leased Premises: commercial general liability, and fire Insurance with additional coverage commonly known as supplemental contract or extended coverage, covering interests of the Lessor and the Lessee in amounts sufficient to pay, in full, all losses to the Leased Premises. 7.Utilities and Services. To the extent applicable, Lessor shall pay all utility and service charges relating to the Leased Premises. 8.Taxes and Assessments. Lessor shall pay all taxes and assessments levied upon or assessed against the Leased Premises. 9.Permits and Licenses. Lessor warrants that it shall maintain any and all permits and licenses necessary for the Leased Premises to operate as a parking facility in South Bend,Indiana. I O.Duties of Lessee. Lessee shall keep the Leased Premises and adjacent sidewalk clean and free of snow and debris I(.Peaceable Possession. a. Lessor and Lessee warrant that they have the authority to enter into this Lease, and Lessor warrants that no law,ordinance or regulation prohibits the use of the Leased Premises for any vehicle parking business. Lessor shall execute or procure any necessary assurances of title that may reasonably be required for the protection Page 1 of 3 of Lessee. Lessor covenants that Lessee may peacefully hold and enjoy the Leased Premises during the lease term without any interruption by Lessor, its successors or assigns, or any other person or entity. b. Lessor and its authorized representatives shall have the right to examine and inspect the Leased Premises from time to time during usual business hours. c. Lessor represents and warrants that it has received no notice or knowledge of claimed violations of any law, ordinance or regulation relating to the Leased Premises. 12.Termination. In the event that either party breaches any covenant or obligation in this lease, the non-breaching party shall give the breaching party written notice of any intent to terminate this lease for such breach and of the cause therefore. If the breaching party does not correct the breach specified within thirty(30)days(or,in the event the breach is of a nature that cannot be reasonably remedied within thirty(30) days, fails to commence to remedy such breach within thirty(30)days and continue with reasonable diligence to correct same)this Lease may then be terminated by thirty (30) days written notice by the non-breaching party to the breaching party for such uncured cause. Upon cancellation or termination of this Lease, Lessee shall be released from any further obligation under the terms of this Lease arising after the date of such termination. 13.Surrender. Upon the termination of this Lease by lapse of time or otherwise, Lessee agrees that it will surrender and deliver to Lessor possession of the Leased Premises. Lessee shall have the right to remove any and all of Lessee's personal property and trade fixtures prior to such surrender and delivery. 14.Notices. Any notices or communications required or requested to be given under the terms of this lease shall be deemed properly given if mailed by United States mail,registered and with postage prepaid, if to: to Lessor at: to Lessee at: Mary Coyne Investments,LLC Deputy City Controller 1428 Hamilton Avenue Department of Administration and Finance Cleveland, Ohio 44114 City of South Bend ATTN: Michael F. Coyne,Esq. 27 W.Jefferson Blvd. South Bend,Indiana 46601 ATTN: Jennifer C. Hockenhull,CPA Addresses for notices may be changed by delivery notice of such change in the manner provided above. 15.13rokers. Lessor and Lessee each represent and warrant that they have not obligated the other to compensate any agent, attorney, broker or finder or their intermediary in connection with the negotiation, preparation or execution of this Lease. 16.Severability. If any provisions of this Lease shall be invalid or unenforceable, the remainder hereof shall nevertheless continue in full force and effect. 17.Entire Agxeement. The Lease contains the entire agreement and understanding between the parties hereto, and may not be amended or changed except by agreement in writing executed by the parties. 18.Successors and Assigns. This Lease shall be binding upon and shall inure to the benefit of the parties hereto,their respective successors and assigns. IN WITNESS HEREOF, duly authorized representatives of Lessor and Lessee have executed this Agreement as of the date first written above. Lessor: Page 2 of 3 Lessee: Mary Coyne Investments, LLC. The City of South Bend -WPUOVED hwsrd of P il& Vorks By: 4(z �_ By: Name: Title: NI e CO-`- Title: Filed in Clerk's Office JUN 07 2011 KAREEh4AH FOWLER CITY CLERK,SOUTH BEND,IN I Page 3 of 3 I PETITION REQUESTING THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA TO ENTER INTO A LEASE AGREEMENT FOR THE PARKING LOT AT 214-216 W. WAYNE STREET TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA: The undersigned, owners of taxable real estate in the City of South Bend, Indiana, petition the Board of Public Works of the City of South Bend, Indiana, pursuant to I.C. 36-1-10-7, to provide parking space for the City of South Bend Employees and Contractors by entering into a lease agreement with Mary Coyne Investments, LLC for 70 parking spaces. The lease shall be in effect for five (5) years for$16,800 annual rent with an automatic 3%increase per year. 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