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HomeMy WebLinkAboutAuthorizing lease of an unused fire station to A.C.T.I.O.N., Inc. for use as offices RESOLUTION 302-72 Passed by the Common Council of the City of South Bend, Indiana, MARCH 27 1972 Attest: City Clerk Attest: President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana MARCH 2 8 19 72 City Clerk Approved and signed by me MARCH 28 1972 +)A� Mayor (J �w - RESOLUTION NO . 302-72 A RESOLUTION AUTHORIZING LEASE OF AN UNUSED FIRE STATION TO A.C.T. I.O.N. , INC . , FOR USE AS OFFICES WHEREAS, the City of South Bend, being the owner of a vacated fire station premises described in the copy of a lease, attached hereto as hereinafter recited, and has no current use for the premises , and WHEREAS, A.C .T.I.O.N. , INC . , a non profit corporation and the agency designated to administer the local anti-poverty program, desire to lease said premises for offices , for March 1, 1972, through February 28, 1973, and WHEREAS, the City of South Bend by virtue of said Lease can obtain in-kind credits toward its contribution to such program as required by the Federal Anti-Poverty Program. NOIti , THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Pursuant to the authority set forth in the Acts of the General Assembly for the year 1905, Chapter 129, that certain lease, entered into by and between the A. C .T. I .O .N. , INC. , and the City of South Bend by and through the Board of Public Works and Safety, and its Mayor, on the day of , 1972, which lease is attached hereto, marked Exhibit "A", and incorporated herein by reference to the same extent as if it were fully recited herein, is hereby approved and confirmed . Member of the Q20mon Co ' 1 FILED IN CLERK'S OFFICE Irene Gammon CITY CLERK, SOUTH BEND, IND. Ist & 2nd READING 3-27-72 COMMITTEE OF THE WHOLE MAR 1 PUBLIC HEARING3-27-72 3rd READING NOT APPROVED REFERRED PASSED 3-27-72 --� 1--, rte. •� n r� r--,�---�•,, ,--y' I�' I 1 1 � �"r .:'9 '�.r.. L.�► .•.r..i, .:.3 E h•:a��.:.,a►i 1..r7 L I....ov(..'.'�JI4r.,✓L..iv This indenture witnesseth, that CIVIL CITY OF SOUTH BEND, Il,DIAI�A, a munici- pality acting by and through its Board of Public Works and Safety and i is i1; yor hereafter referred to as "Lessor", leases to: A.C .`'. I .O.N. , INC . hereafter referred to as "Lessee", for and in consideration of the covenants and agreements hereinafter mentioned, the premises in St. Joseph County, State of Indiana, knowrt and described as follows: Lots # 61 and 62 of Dubail 's Second Addition fo the City of South Bend. I h i i To have and to hold the same unto the lessee from !,larch 1 19 72 , to and including February 26 , 19 73 , and the lessee, in consideration of said demise, does covenant and agree with the lessor as follows: 1. The Lessee hereby represents that he will use said premises for the following described purposes and for no other j purposes whatsoever: t. Offices for A.C .T. I . O.N. , INC . 2. To pay as rent for said leased premises the sum of FORTY EIGHT HUI\TDRED ( ,i)� ,800.00) dollars I payable as follows: in the form of an in-kind credit to the Lessor 's share of local government ' s contribution to the support of the local anti-poverty program in St. Joseph County, Indiana , and such credit shall be granted by deliv- ery to the Lessor of an in-hind receipt of credit each month for 1112 of the without notice or demand, each installment to be paid in advance upon the first day of each installment period to the Lessor �. or at such other place as the Lessor may front time to time designate in writing. annual rental. 3. That the Lessee has examined and knous the condition of said premises and has rcceitrd the same in good order and repair, ti except as herein otherttyise specifier/,rrnd that no representations as to the condition of repair thereof have been made by the Lessor or his representative, prior to or at the exr•eu(ion of this lease that are not herein expressed or endorsed hereon. and that Lessee will keep the interior and exterior of said premisr:s to good repair, including the roof and walls, replacing all broken/;lass with glass of the same size and quolily us that broken,and Trill keep said pro-misns and uppurtenttnves,ns well as all rates,doanhspouting,catch basins,drains, stools, , hhtvrhutrs, sidruvdks, adjoining alh_ys and all other facilities rrnd rquipment in connection with said premisrs, in a cleun and healthy Condition,according to the r•ily urdiaance:s,and the dirrelion of the proper publir•olficers,during the(erne of this lease,at his otuvt expense; and upon the termination of this /rase in anY very, will yield up said premises to Lessor in good condition and repair (loss by fire and ordinary wear excepted) and will deliver the krys to Lessor. 4. That Lessor shall not be liable for danenge caused by hidden defects or failure to keep said premises in repair, and shall not be liable for any damage done or occasioned by or from plumbing,gas, water, steam,or other pipes,or sewerage,or the bursting or leaking of plumbing or of any plumbing or heating fixtures or waste or soil pipe existing in connection with said building or premises, nor for damage occasioned by water, sanity or ice bring upon sideu•at.:s or coming through the roof, shy-light, trap door or otherwise, nor for any t damages arising front negligence of co-trnant.s or other occupants of the same building, or the agents, employees or servants of any of then,or of any nwners or or•rupants of adiucrrrt or contiguous property. i. The Lessor.%hull not he liobh•far any injury to the Lrssre or any other person, occurring on or in front of said prentise:s, ir- j re:speelier•of whethersoid injury is rouser!by n de•frrt in snid premises or by reason of said pretniws becoming out of repair or arising front any other cause whatsoever,rrnd the Lesser shall not br lioblr for darruhgr to Lrssee's propertY or to the properly of any other person which I may he located in or upon snid prenri.srs and the Lessee agrees to indrvnnify and save harmless the Lessor from any and all claims arising out of injuries to persons or property occurring lon or about said premises. 6. That the Lesser will not allow said premises to he used for any purpose that will increase the rate of insurance thereon, nor to be occupied in whole or in part by any other person,-and will not sublet the same or any part thereof, nor assign this lease or any part thereof without, in each case(he written consmi,of the Lessor first had and obtained, and will not permit any transfer,by operation of law, of any interest in said premises acquired through this lease, and will not permit said premises to be used for any unlawful purpose or purpose that will injure the reputation of W same or of the building of which it is a part,nor disturb the tenants of such building or of the neighborhood and will not allow any signor placards posted or placed thereon;except by written consent of the Lessor. COPYRIGHT.I.S7,ST.JOSEPH COUNTY INDIANA MAN ASSOCIATION ' 1 r 10r,-weir+ns, rhrnr,rrs or additions in said based pro•nri.-srs shall he mart, without first suhmillirr/; writlrn plans and • - slal•i;rnh.�•;. ;�>> for�nnrr to Ili,- Lrssrr ruul ohhrinlrrg his umillrn rnnsr•nf In mnhr the saner. In the rural of anystlrh rrirrndr•ling,nllcrn- tions Or o,GiIN."rs /hat Lrssrr• shall make Ihr sa»rr•at his own r.cprnsr and sheet!promplIv pay for all materials and lahar involvrd in ma!r•,;fh. s r r,. l.r sir N4.r/l not permit tiny liras or rloinrs or drnurrrds of any ashen•to r•xisf against the Lrssrr or!hr bwxrd drrrmisrs. • In the rn••;f arrV !fir•,• claim or demand or filly ortiorr for•enforcing thr srnn•shall be filed or nradr•un(tinsl the Lrssor or said prrmisrv, flu 1 r:�s,r st,ail it,; 'Id fhr same of/firs otvt fir/Wase and I,r•ssr•r•herrhy agr•r•r:c to irrrlrnvrify and hold harrnhsa flu• Lr.ssor front any and fill lial•rirh• or rif•rnsr arisirrl; by virtue of srrrh claim, demand or lira or flit, dr/ensr of any action filyd to enforce the mime. Any such n1tenttions, rhant;r:S or additions shall, it-hen troadr, hrronrr a part of said leased prernisr•s and remain fhrrron rr.v tlrr proprrfy of the Lessor fit flit' h•r mitralion of snit!Irasr of Nrr optinn of the lxssar. If the Lessor shall require the Lrssrr to restore the premises to the original rendition in which if trots before this lease is rxrruted, then the Lessee shall restore said premise to such condition at his own expense, and all of flit-provisions of this lrasr with reference to such restoration contracts, liens, demands and expenses shall npply to said n•slorafion as urlt as flit-original alfrratinns. F. To allrnr Lessor frrr arrrss to the premises for the purpose of examining or exhibiting the same and also to allow the Lessor to place upon said prr•misrs, at ani, and all fimcs, "For Sale"signs, and within ninety (90) days of the termination of this lease"For Rent" signs. P. Lrssrr shall promptly pay and discharge all store license taxes and all general property taxes or special license fees that may be assrssrd or levied by any lnt•ful aufhorif* against the prnprrty of Lessee or any sub-tenants on, against, or by virtue of the business conductni in or on flit-demised prrnrisr:e during the term of this lease. 10. Lrssrr•shall proazptly pay (in addition to the rents above specified) all water, sewerage,electric,power,gas and heating bills taxed, levird,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, and,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 demised 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 dislrain 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 forsuch cause shall not exist;provided,that nothing herein contained shall relieve the Lessee from liability for rent or damage where such damage or destruction shall be caused by the carelessness, negligence or improper conduct of the Lessee, his agents or servants. 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, covenant or agreement, nor any other condition, covenant or agreement shall at any time be implied. 17.At the termination of this lcasc,•bv lap.j?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'n 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 anv 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 '219 22s 239 24s 25, 26 are hereby incorporated in and made a part of this lease. Dated this do of 19 Stater n��Ittd�fMa��S£�rJese p���.iOV�it��S> rx/�7'G aiClt�lJtaVIY P�S�J;13�d•1fAll[n�.w.X..c/itAi0.{kIrY34v�/Onr1V/shr�V�tWJUff.YLrliKt�cfEn•SYN rV1./1.AtA2:1lf1lLAAJ XXXXll+A' Xxx p�sait6�ly.�al�cnoed°. odd"oultu}diWihsiuririctic,a'.o%'iJ�e,lan�nirigUeasc:l'ri pisrvlu�:t+t:6wHil�rciGtf9:+sobsS�rl�stl�t�'fi�t%A���i4�i��'Id i this 1►���6rioi�sid6rticapiiwC:CiC1Uv:Xi�lXi:XX,�CX.f9: This instrument was prepared by Thona.s Connaughton, Deputy Cit;r 1i . .n�, South 'Reril9, Ind, Member of 8t.Joseph County Indiana Par A�soei n w i�rs;,ec shrill obl;ain a general public liability insurance 110lic I Of 110E lc:;s than x;';00,000.00 in the name of the Lessee, and Shall_ file with Lhe Lessor a certificate certifying as to the exis- tcticc of said; coverago. Further, Lessee shall hold the Lessor harm- l(1s:q from any, and tall claims arising out of the use of the premises by the Lessee. This contractual assumption of liability shall be in- sured in the general liability Policy. Clause 22 : Lessee shall maintain lawn and shrubbery in a well groomed condition. Clause 23: It is agreed and understood that this lease is subject to the approval of the Common Council of the City of South Bend. In the event that such approval is not obtained, this lease shall be consid- ered null and void. Clause 21�: Lessee is hereby granted permission to make altorat;ions in the premises , except those which would involve structural changes . Clause 2;: Lessee shall promptly pay in addition to the rents above specified all water, sewerage, electric, power, gas and heating bills taxed, lovied ,or charged against this promises which are presently outstanding and due. Clause 26: Lessee shall inventory all equipment on the premises and pr©sent said inventory to Lessor within 10 days of the execution of this lease. A.C.T.I•.O.N. , INC. Attest: By STATE OF INDIANA ) LESSEE SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a notary public in and for said county Lnd state, personally appeared Reverend Val E. Harris and 'ivir. Phillip Jordan, .this day of , 19720 known as the President and Vice President, respectively, of A.C .T.I.O.N. , INC. , and acknowledged the execution of the foregoing lease. Iii WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. 1•11y Commission Expires : Notary Public MAYOR Attest: . 1 J PV Miller Irene Gammon BAR 0 PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA By Charles A. Sweeney, �r. Attest: , fames V. Barcome Freda Noble Approved as to legality Turn qtr GLOWS ICE and form viilliam Richardson Irene Gammon Charles A. 13weeney, Jr. ,2►t uorney LESSOR CITY CLERK, SOUTH BEND, IND. for the City of South Bend, Indiana Approved by the Cor7mon Council of the - - --City of South Bend, Indiana, by Reso- lution 1•;o. dated the MAR 1972 day of ,1972