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HomeMy WebLinkAboutLetter of Request to Cancel Lease - South Bend Civic Theater - Portage Ave. Fire House1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND.INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 13, 2016 Ms. Rebecca Bonham South Bend Civic Theatre, Inc. P. O. Box 1146 South Bend, IN 46624 RE: Letter of Request to Cancel Lease — Portage Avenue Fire House Dear Ms. Bonham: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on September 13, 2016, approved your written request to cancel the above referenced lease agreement effective October 13, 2016. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincer�e-llyy,,y, Linda M. Martin, Clerk Enclosure GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU --A9 South Bend CIVIC THEATRE making a 0018,06 difference September 1, 2016 Board of Public Works City of South Bend 223 W. Jefferson St. South Bend, Indiana 46601 Dear Members of the Board: This letter shall serve as the 30-day notice of the intention of the Board of Directors of the South Bend Civic Theatre to vacate and terminate the lease agreement relative to the property located at 701 Portage Ave, South Bend, IN (also known as "The Firehouse"). Our intention is to relinquish possession on or before October 26, 2016. Please let me know what other actions, if any, we need to take to accomplish this transaction. South fiend Civic Theatre operations are undergoing a management reorganization and vacating "the Firehouse" is an important (yet melancholy) decision in this process. We wish to thank the City and the BPW for their assistance in this matter. Sincer y, Rebecca J. B nham Interim Executive Director APPROVED Board of Public Works 403 N. MAIN, P.O. Box 1146 • SOUTH BEND, IN 46624 • PHONE: 574-234-1112 • Fax: 574-288-3412 • WEB: WWW.SBCT.ORG BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 08/31/2016 Name Becky Bonham Department BPW Date 9/13/2016 Phone Extension Required Prior to Submittal to Board Legal x Attorney Name Michael Schmidt Controller review is required for all Contracts $5,000.00 or more Controller ❑ and greater than one year in length per the City Purchasing Policy Purchasing ❑ Check the Appropriate Item Type — Required for All Submissions ® Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Chg Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease./Encroach. ❑ Traffic Control ❑ Resolution ❑ Other: ❑ Claim Required Information Company or Vendor Name South Bend Civic Theater, Inc. ❑ Yes ❑ If Yes, Approved by Purchasing New Vendor ® No MBE/WBE Contractor � WBE Completed E-Verify Form Attached No Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of Effective Oct. 1, 2016 Cancel lease for Portage Ave. Fire House, 701 Portage Ave. per terms of Lease Extension Agreement For Change Orders Only: Increase Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Time Extension: Copy Original ® ❑ ❑ ❑ ❑ ❑ Dispersal After Approval Bonham, South Bend Civic Theater 1316 COUNTY -CITY BUILDING 227 W JEFFERSO'' B(1u1 ART) SOUTH BMD,'rNmANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS June 22, 2009 Ms. Tami Ramaker South Bend Civic Theater P0Box 1146 South Bend, IN 46624 PHONE 574/235-9251 FAx 5741235-9171 1 574/235-5567 Re: Lease Extension Agreement Between City of South Bend and the South Bend Civic Theater, Inc. Dear Ms. Ramaker: The Board of Public Works, at its meeting held on June 22, 2009, approved the above referenced Lease Extension Agreement for One Dollar ($1.00) per year for eleven (11) years. Enclosed is your receipt for Eleven Dollars ($11.00) Enclosed is a copy of the Lease Extension Agreement for your records. If you have any further questions regarding this matter, please call me at (574) 235-9251, Sincerely, e'Ld Li da M. Martin, Clerk cc: Larry Metiever GARYA. GILOT, P.E. DONALD E. INKS JOHN H. MURPHY PRESIDENT MEMBER MEMBER 3. The Lessee hereby represents that it will use the Ieased premises for amateur theater activities and for no other purpose, except as provided in Paragraph 7 of this lease. 4. Lessee has examined and knows the condition of the leased premised and nas receivea same in good order and repair. Lessee agrees to keep the interior ana exterior of said premises in good repair and in a clean, orderly and sanitary condition, in accordance with State statutes and City ordinances. Lessee shall be responsible for all maintenance and repairs of said premises and upon termination of this lease will yield up the leased premises to Lessor in good condition and repair. 5. The Lessor shall not be liable for damage caused by the hidden defect or failure of Lessee to keep the leased premises in repair, and shall not be liable for any damage caused or occasioned by or from plumbing, gas, water, steam, or any other pipes, or sewage or the bursting or leaking of plumbing or of any plumbing or heating fixtures or waste or soil pipe existing in connection with the building or leased premises, nor for damage arising from any other source. The Lessor shall not be liable for any injury to the Lessee or any other person occurring in or upon the leased premises. 6. Lessee agrees to defend, indemnify and hold harmless the City of South Bend and its employees from any and all claims of any nature which may arise from its use of the leased premises, except for claims arising from the negligence of Lessor and its employees. Lessee further agrees to obtain and maintain at all times during the tern of this lease liability insurance in the amount of •Five v-h.�a sand—D f�S5B0 906 A@i £ate to ere person--in-an�}�g-e oase�rrren©e l� a00 non, Dollars (�O , 0.00) for injury or death to all persons in thWoccurrence, naming the h 2 City of South Bend as co-insured on such policy and shall file a certificate of such insurance with the Board of Public Works upon the signing of this lease. In the event that the statutory tort claims limit against governmental entities is increased, the Lessor may require that Lessee increase its liability insurance accordingly. Lessee agrees to obtain and maintain at ail tinges during the term of this lease, at is own expense, property damage insurance on the leased premises in an amount equal to loo coo t#r ague or me--leage4-prenises naming Lessor as co-insured, and shall provide to Lessor a certificate of insurance showing same upon execution of this agreement. 7. Lessee may not sublet any part of the leased premises nor may this lease be assigned in whole or in part; provided, however, that Lessee shall allow the premises to be used by the Near Northwest Neighborhood Association, the Park Avenue Neighborhood Association and similar civic groups for meetings and other group activities subject to the following conditions: A. Any group other than the Near Northwest Neighborhood Association and the Park Avenue Neighborhood Association seeking to use the theater must first be certified by Lessor and Lessee as being a bona fide civic group. B. Use by groups shall not conflict with Lessee's scheduled events. C. The leased premised may not be used by another theater or performing arts group. D. Any group using the leased premises shall pay to Lessee a reasonable rental charge to cover the use of the building and related janitorial services. All such charges shall be 3 1 subject to the prior approval of Lessor's d l Board of Public Works. 8. No additions, changes nor alterations of any nature, including redecorating, may be made in or upon the leased premises without the prior written approval of the Board of Public Works, Tf T.essee desires to make additions, changes or alterations, it shall submit to the Board of Public Works a written request to do so along with a description of and/or plans for same. Within two weeks after receiving such a request, the Board of Public Works shall approve or deny it. Approval shall not be unreasonably withheld. The Lessee shall make all approved alterations, changes or additions to the leased premises at its own expense and shall not permit any liens, claims or demands of any nature to exist against the Lessor or the leased premises. All alterations, changes or additions shall be the property of the Lessor; provided, however, that any items the Lessee adds to the premises which can be removed without substantial damage to the premises, may be removed by the Lessee at any time and upon termination of the lease. Such items shall include, but not be limited to, lighting systems, theater seats, stage props and sound systems. 9. The Lessor shall have access to the leased premises described within this agreement at all reasonable hours for the purpose of inspection and maintenance. 10. The Lessee shall pay all utilities including water, sewage, electrical, gas, heating, telephone or any other such charge against the premises during the term of this lease. 11. It is expressly agreed that no waiver or apparent waiver, or failure of Lessor to require strict performance of any condition, covenant or agreement shall estop the Lessor from enforcing such condition, covenant or agreement. 4 12. Lessee shall pay all reasonable costs, attorney's fees and expenses incurred by the Lessor in enforcing the covenants and agreements of this lease. 13. It is agreed that Lessor may cancel this lease by giving Ninety (90) days written notice to Lessee and Lessee may cancel this lease by giving Thirty (30) days written notice to Lessor. Any notices to be delivered by Lessee to Lessor with respect to this lease shall be deemed delivered for all purposes if delivered personally or by mail to: President of the Board of Public Works City of South Bend 227 West Jefferson Boulevard 1300 County -City Building South Bend, Indiana, 46601 or to such other address as Lessor may hereinafter designate for such purpose. Any notice to be delivered by Lessor to Lessee with respect of this lease shall be deemed delivered for all purposes if delivered personally or by mail to: President /JI �IQ r G��JI South Bend Civic Theatre, Inc. O or such other address as Lessee hereinafter may designate to be used for such purpose. 14. Lessee represents that it is a duly formed not -for -profit corporation of the State of Indiana, that it is exempt from federal income taxation trader Section 501 of the Internal Revenue Code, as amended and in effect on January 1, 1982, and that the Lessee's President and/or Treasurer has the authority to execute this lease agreement. 15. This agreement shall be binding upon and inure to the benefit of the parties signatory hereto and their respective representatives, successors and assigns. 5 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS IN WITNESS WHEREOF, the parties have executed this Lease Extension Q'/z Agreement effective the 6th day of June, 2001, r SOUTH BEND CIVIC THEATRE, INC. 3,ynatur � GZ/rrC �r� iCL�92�� �y.�c Garyilot, President mate ame an t e / %(21 Donald Inks A \o'. Jtyurphy v ATTEST: Jnda Martin, Cle 2