Approving a Lease Agreement between the Board of Public Works and Edmarde's Inc. DBA Senor Kelly's

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RESOLUTION NO. (NI -gA A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING A LEASE AGREEMENT BETWEEN THE BOARD OF PUBLIC WORKS AND EDMARDE' S , INC. , D/B/A SENOR KELLY' S , FOR LEASE OF A PORTION OF ALLEN' S ALLEY. WHEREAS , the Board of Public Works , at its meeting held on August 9, 1982 , determined that the following parcel of city- owned real estate was not necessary to the public use : That portion of a 14-foot landscaped alley closed to vehicular traffic , officially referred to as Columbus Court and more commonly known as Allen' s Alley, which extends east from Woodward Court to Michigan Street and which is bounded on the north by Colfax Avenue and on the south by Washington Street . WHEREAS , the Board of Public Works believes that it is in the best interests of the City of South Bend that the above public right-of-way be leased and has , therefore , given notice pursuant to I . C . 5-3-1 and has conducted a public hearing on the desirability of offering a portion of Allen ' s Alley for lease ; and WHEREAS , subsequent to the public hearing which was held on August 9 , 1982 , arrangements were completed for appraisals of the property and a bid date of August 30, 1982 , was established for the receipt of sealed bids for its lease; and WHEREAS , Edmarde ' s , Inc . , d/b/a Senor Kelly' s , submitted the sole bid for lease of the property in the amount of the city' s offering price of $1 , 550. 00 annually and , on September 13 , 1982 , accepted the bid of Edmarde ' s , Inc . in accordance with the specifi- cations for lease of the property in addition to the incorporation of two consecutive options to renew at the same rental per year , the first option to be for three years and the second option for five years ; and WHEREAS , the Board of Public Works and Edmarde ' s Inc. have entered into a Lease Agreement for lease of the subject property in accordance with the bid awarded on September. 13 , 1982 , subject to approval by the Common Council as required by state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS : SECTION 1 . That the Lease Agreement dated October 4, 1982 , between the Board of Public Works and Edmarde ' s , Inc . , d/b/a Senor Kelly' s , for lease of the aforementioned portion of Allen' s Alley is hereby approved and confirmed, said Lease Agreement being attached hereto . SECTION 2 . That this Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. em.er o the Common— M bi PRESENTED /0 -- // -fix FILED DI CLERK'S OFFICE NOT APPROVED ADOPTED ♦ 0 -//- fl) OCT 6 1982 Irene Gammon CITY CLERIC,SOUTH BEND,IND.