Loading...
HomeMy WebLinkAboutApproving a lease between the Board of Public Works and Michiagn-Marion Street Joint VentureRESOLUTION NO. 746 -79 Passed by the Common Council of the City of South Bend, I A Attest: December 17 79 1q Presented by me to the Mayor of the City of South Bend, December 18 City Clerk President of Common Council 19 79 Approved and signed by me &L cl_ _ = La-.-., / g . 192-�_ Clerk RESOLUTION NO. 75! -2z A RESOLUTION OF THE C0141ION COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A LEASE BETWEEN THE BOARD OF PUBLIC WORKS AND MICHIGAN - MARION STREET JOINT VENTURE FOR A PARCEL OF LAND LOCATED AT THE SOUTH14EST CORNER OF MICHIGAN STREET AND MARION STREET, FROM JANUARY 1, 1980 THROUGH DECEMBER 31, 1984. WHEREAS, the Common Council of the City of South Bend has passed an ordinance stipulating that the lease of any city -owned real estate to a non - governmental agency entered into by the Board of Public Works shall be submitted to the Common Council for approval, and WHEREAS, the Board of Public Works has entered into a lease with Michigan- Marion Street Joint Venture for use of a parcel of land located at the southwest corner of Michigan Street and clarion Street, from January 1, 1980 through December 31, 1984, which lease agreement was approved by the Board of Public Works on December 17, 1978, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. That the lease between the Board of Public Works and Michigan- Marion Street Joint Venture for the parcel of land located at the southwest corner of Michigan Street and. Marion Street, entered into on December 17, 1979 is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Mem r o the Common Council �--2 DEC l 2 1979 �PtT �J s,�Wv V.6 i�.5ra�ig #t; y'8 *V o. -1,7 . 2y CITY CLERK, S00H END, INN. Patrick M. McMahon, P.E. Director, Public Works CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 December 12, 1979 Members of the Common Council City of South Bend 441 County -City Building South Bend, Indiana Dear Council Members: 219/284 -9251 Re: Lease of Property at Michigan and Marion Streets to James Conboy Pursuant to the instructions that I received from you at the caucus on December 3, 1979, I have prepared a lease for the property at the above location. I believe this lease represents a fair and equitable arrangement for both Mr. Conboy and the City of South Bend. Said lease will be submitted to you upon its' execution by the Board of Public Works on Monday, December 17, 1979. V truly Patrick M. President Board of P P111c : Pdc yours, � r' �4 McMahon, P. E. sblic Works LEASE AGREEMENT THIS AGREEMENT, made and entered into this 17th day of December, 1979, by and between the Board of Public Works of the City of South Bend, Indiana, hereinafter designated as "LESSOR ", and Michigan- Marion Street Joint Venture, a joint venture having its principal offices in South Bend, Indiana, herein- after designated as "LESSEE ". W I T H E S S E T H: In consideration of the mutual covenants hereinafter exchanged, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Lessor does hereby demise and lease to the Lessee that certain real estate located at the Southwest corner of Michigan and Marion Streets in South Bend, Indiana, the legal description of which is as follows: A tract of land located within Lots 157 and 158 as shown on the Original Plat of South Bend, St. Joseph County, Indiana, more particularly described as follows: All of the north one -half of Lot 158 except a triangular tract beginning at the northeast corner of said Lot 158; thence south along the east line of said Lot 158 a distance of 33 feet to the south- east corner of the north one -half of said Lot 158; thence northwesterly to the north line of said Lot 158 and 28 feet west of the northeast corner of said Lot 158, a distance of 43 feet more or less; thence east along the north line a dis- tance of 28 feet to the point of beginning; also a contiguous parcel described as follows: Beginning at the southwest corner of said Lot 157; thence, northeasterly to a point 40.5 feet east and 30.0 feet north of said southwest corner of Lot 157; a distance of 50 feet more or less; thence east and parallel to the south line of Lot 157, a distance of 50.0 feet; thence southeasterly to a point on the south line of said Lot 157 and 28 feet west of the southeast corner of said Lot 157; thence west along the south line of said Lot 157 a distance of 137 feet to the southwest corner of said Lot 157 and the point of beginning, containing 7788 square feet. Said real estate is hereby leased for a term of five (5) years beginning on the 1st day of January, 1980, and ending on the 30th day of December, 1984. Thereafter, the Lessee shall have the option to renew this Lease on a year to year basis upon-giving written notice to the Lessor of the Lessee's exercise of such option to renew not later than thirty (30) days prior to the expiration of the original term of this Lease, and for each annual renewal thereafter, upon giving written notice to the Lessor of the Lessee's exercise of -such option to renew not later than thirty (30) days prior to the expiration of the renewed term. 2. During the original term of this Lease, the Lessee shall pay the Lessor as rent for the Demised Premises on the first day of each year of this Lease Eight Hundred ($800.00) Dollars per year. If the Lessee exercises option to renew this Lease on a year to year basis as provided in Paragraph No. 1 hereof, the Lessee shall pay the - Lessor as rent a sum equal to the total annual property taxes which would be paid on the real estate herein designated if such real estate were held under owner- ship of a private tax paying entity, but in no case shall said payment be less than Eight Hundred ($800.00) Dollars per year. For each year that this Lease is renewed by the Lessee, the Lessee shall pay the amount due the Lessor on the first day of the renewal year. 3. The Lessor warrants that the Demised Premises are free from all encumbrances, liens or charges which would prohibit Lessee from retaining possession of the Demised Premises or otherwise prevent Lessee from enjoying exclusive, peaceful and quiet possession and use thereof. 4. The Lessee shall have the right to improve the Demised Premises by constructing a parking lot thereon for its use and landscaping the same, all at its own expense, and the Lessee shall keep and maintain the Demised Premises and all improvements and landscaping thereon in good and substantial order and repair and shall keep the Demised Premises reasonably clean and free from rubbish, dirt, snow and ice at all times, all at the Lessee's expense, in a manner reasonably satisfactory to the Lessor. 5. The Lessee agrees that the Lessor shall not be responsible or liable to the Lessee, or to any other person or entity, for any injury or damage to person or property occurring during the term of this Lease on or adjacent to the Demised Premises resulting from any cause whatsoever other than the sole negligence of the Lessor,-its servants, agents, contractors or employees. The Lessee further agrees to hold the Lessor harmless from any and all claims for damages whatsoever, whether or not there is deemed to be joint or concurrent liability on the part of the Lessor and Lessee or any other party, other than those resulting from the sole negligence of the Lessor, its servants, agents, contractors or employees. 6. The Lessee, at its own expense, shall maintain a Certificate of General Liability Insurance naming the City of South Dend as an additional insured on the Certificate, in the following particulars and amounts: Premises - Completed Operations or Products, Bodily Injury and Property Damage, Combined Single Limit - $1,000,000. 7. The Lessor and the Lessee agree that the occurrence of the following events shall constitute acts of default by the Lessee: the failure of the Lessee to pay any installment of rent when the payment is due and payable, or the failure of the Lessee to pay any other charge required by said Lease to be paid by the Lessee, or the failure of the Lessee to perform or observe any other material requirement of this Lease, provided that any such default is not cured within fifteen (15) days after written notice thereof from the Lessor to the-Lessee. Upon the happening of any one or more of the aforementioned events of default, and the expiration of the fifteen (15) day period of time prescribed in such notice, the Lessor may give to the Lessee a notice of in- tention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of termination. Thereupon, the Lessor may re -enter said premises, as provided by law, and remove the Lessee or any per- sons occupying the same, without prejudice to any remedies which might other- wise be used for arrears of rent, and this Lease shall be deemed to be terminated from and after the expiration of said five (5) day period if such default has not theretofore been cured. 8. The Lessee shall have the right to sublet the Demised Premises or assign this Lease, but any such subletting or assignment shall in no way relieve or discharge the Lessee from any obligations contained in this Lease. 9. Lessor and Lessee each shall have the right to terminate this Lease for whatever reason during the original five (5) year term of this Lease, upon written notice to the other party no less than ninety (90) days prior to the proposed date for termination. If the Lessee terminates this Lease for what- ever reason, all improvements made to the property by the Lessee shall be forfeited to the Lessor. If Lessor terminates this Lease for whatever reason during the original five (5) year term of this Lease, the Lessor shall pay the Lessee for improvements made to the property by the Lessee in accordance with the following schedule: At or before the end of Year One - Four - fifths (4/5) of the value of the improvements. At or before the end of Year Two - Three - fifths (3/5) of the value of the improvements. At or before the end of Year Three - Two - fifths (2/5) of the value of the improvements. At or before the end of Year Four - One -fifth (1/5) of the value of the improvements. During Year Five - No expense to Lessor After the expiration of the original five (5) year term of this Lease, Lessor may terminate this Lease in order to utilize the premises for a public purpose or to sell, lease or otherwise dispose of the premises to a third party upon written notice to the Lessee no less than ninety (90) days prior to the pro- posed date for termination, and Lessor shall not be liable or responsible for paying Lessee any amount for improvements or other damages or expenses in the event of such termination. The Lessee shall have a right of first refusal with respect to any bona fide offer from a third party to.purchase or lease said premises. Lessee shall have thirty (30) days after written notice of the existence of such offer with which to exercise its right of first refusal. -2- 10. The Lessee acknowledges that there will be no direct access granted to said real estate from either Michigan or Marion Streets. 11. Upon the termination of this Lease, the Lessee shall promptly yield up the Demised Premises to the Lessor. 12. The terms, conditions, covenants, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 13. All notices required under this Lease shall be deemed to be properly served if sent by registered or certified mail to the last address previously furnished by the parties hereto, and the date of service of such notice shall be the date such notice is deposited in a post office of the United States Post Office Department. Until hereafter changed by the parties by notice in writing, notices shall be sent to the Lessor at the County -City Building, South Bend, . Indiana 46601, attention: Board of Public Works of the City of South Bend, and to the Lessee at 513 North Michigan Street, South Bend, Indiana 46601, Atten- tion: Mr. James P. Conboy, Jr. 14. This Lease sets forth the entire understanding of the parties here- to, there being no oral or other agreements or understandings between them affecting this Lease, and supersedes all previous agreements between the parties. No modification, amendment, waiver or release of any provisions of this Lease or of any right, obligation, claim or cause of action arising hereunder shall be valid or binding for any purpose whatsoever unless in writing and duly ex- ecuted by the party against whom the same is sought to be asserted. The parties hereto have caused this Lease Agreement to be executed and delivered at South Bend, Indiana, effective as of the date first written above. Attest: BOARD OF PUBLIC WORKS OF THE CITY U— �Q�- H,BE%,'- INQIANA, Patrick yyjMcMahon T o s J. n r. Pbter H. M 1 Te MICH (LESSOR) - MARION STREET JOINT VENTURE Inomas L. Nate A Joint Venturer -3- STATE Or INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me personally appeared Patrick M. McMahon, Thomas J. Brunner, Jr., and Peter H. Mullen, who are known to me to be all of the members of the Board of Public ':!orks of the City of South Bend, Indiana, and acknowledged the execu- tion of the Coregoing instrument as their voluntary act and deed 'for the purposes therein expressed and that they are authorized to do so on behalf of the Board of Public Works of the City of South Bend, Indiana. I,N WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal, this 17th day of December, 1979. My Commission Expires: Davi N. 'Wells, Notary Public and a January 22, 1983 resident of St. Joseph County. STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY .) Before me, the undersigned, a Notary State, personally appeared James P. Conboy, Thomas L. Nate, partners in Michisan- Marion ledged the execution of the foregoing instri deed for the purposes therein expressed and so. Public in and for said County and Jr., John L. Neher, M.D., and Street Joint Venture, and acknow- iment as their voluntary act and that they are authorized to do IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal, this 17th day of December, 1979. �� -: 1� C�C� ✓� My Commission Expires. � avid A. Wells, Notary Public and a January 22; 1983 resident of St. Joseph County. VII I'. I M.I'.Ior... All lilt 1 I 011 It I•. A ..