HomeMy WebLinkAboutAuthorizing lease of an unused fire station to A.C.T.I.O.N., INC., for use in conducting a work release program RESOLUTION
NO. 258-70
Passed by the Common Council of the City of South Bend, Indiana,
December 14, 1970
Attest: City Clerk
Attest: `— President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
19
City Clerk
Approved and signed by me 19
Mayor
Lease - fire station #8
RESOLUTION NO. 258-70
A RESOLUTION AUTHORIZING LEASE OF AN
UNUSED FIRE STATION TO A.C .T.I.O.N. ,
INC. , FOR USE IN CONDUCTING A WORK
RELEASE PROGRAM
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 corpor-
ation and the agency designated to administer the local anti-
poverty program, desire to lease said premises for use in
conducting a Work Release Program under the administration of
the Indiana State Department of Correction, for May 4, 1970,
through May 3, 1971, 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,
NOW, 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
13th day of July, 1970, 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 Common Council
1st & 2nd READING 11-9-70
COMMITTEE OF THE WHOLE
PUBLIC HEARING 11-9-70 & 12-14`70 FILED IN CLERK'S OFFICE
3rd READING
NOT APPROVED
REFERRED NOV 51970
PASSED 12-14-70
KATHRYN L. BLOUGH
CITY CLERK, SOUTH BEND, IND.
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This indenture wi:nessath, that CIVIL CITY OF SOUTH BEND, INDIANA, a
municipality acting by and through its Board of Public Works and
Safety and the Mayor
hereafter referred to as "Lessor",
Iecses &o: A,C.T.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, knows and described as follows: `
Beginning on -the West line of Olive Street One Hundred
and Ninety-six (190') feet south of the Southeast corner
of Lot Number One (1) in West End subdivision, thence
South Eighty (80) feet , thence West One Hundred (100)
feet, thence North Eighty (80) feet, thence East One
Hundred (100) feet to the, place of beginning, commonly
known as Fire Station Number Eight .
To have and to hold the same unto the lessee from May 4 1970 , to and including
May 3 , 19 71 , and the lessee, in consideration of said demise, does covenant and agree with
the lessor as follows:
I. The Lessee hereby represents that he will use said premises for the following described purposes and for no other
l purposes whatsoever: a housing facility in the conduct of a proposed Work Release
Program administered by A.C.T.I .O.N. , Inc. and the Indiana State Depart-
:ent of Correction. '
2. To pay as rent for said leased premises the sum of ($3,40,21 .96) dollars
payable as follows: 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 delivery to
the Lessor of an in-kind receipt of credit each month for 1/12 the annual
wiMit'itnetice 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 from time to time designate in writing.
3. That the Lessee has examined and knows the condition of said premises and has received the same in good order and repair,
except as herein otherwise specified,and that no representations as to the condition of repair thereof have been made by the Lessor or his
representative, prior to or at the execution of this lease that are not herein expressed or endorsed hereon; and that Lessee will keep the
interior and exterior of said premises in good repair, including the roof and walls, replacing all broken glass with glass of the same size
and quality as that broken,and will keep said premises and appurtenances,as well as all caves,downspouting,catch basins,drains,stools,
lavatories, sidewalks, adjoining alleys and all other facilities and equipment in connection with said premises, in a clean and healthy
condition,according to the city ordinances,and the direction of the proper public officers,during the term of this lease,at his own expense;
and upon the termination of this lease in any way, will yield up said premises to Lessor in good condition and repair (loss by fire and
ordinary wear excepted) and will deliver the keys to Lessor. '
4. That Lessor shall not be liable for damage 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,snow or ice being upon sidewalks or coming through the roof,sky-light, trap door or otherwise, nor for any
damages arising from negligence of co-tenants or other occupants of the same building, or the agents, employees or servants of any of
them, or of any owners or occupants of adjacent or contiguous property.
5. The Lessor shall not be liable for any injury to the Lessee or any other person, occurring on or in front of said premises, ir-
respectiue of whether said injury is caused by a defect in said premises or by reason of said premises becoming out of repair or arising from
any other cause whatsoever,and the Lessor shall not be liable for damage to Lessee's property or to the property of any other person which
may be located in or upon said premises and the Lessee agrees to indemnify and save harmless the Lessor from any and all claims arising
out of injuries to persons or properly occurring on or about said premises.
6. That the Lessee will not allow said premises to be 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 the written consent 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 the 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 sign or placards posted or placed thereon;except by written consent of the Lessor.
Co•yH c.MY.;W,ST.JOSE"COUNTY INDIANA DAR ASSOCIATION
1
- 7. Thr' no alterations, changes or additions.in said leased premises shall be made without first submitting written plans and
w •sptNtFeat''.S for the same to the Lessor and obtaining his written consent to make the same. In the event of any such remodeling,allera-
1 tions or a;lditivrs Ghat Lessee shall make the same at his own expense and shall promptly pay for all materials rind labor involved in
making the sane. Lessee shall not permit any liens or claims or demands of any nature to exist against the Lessor ar the leased premises.
A fete ct•O."any lien, claim-or demand or any action for enforcing the swne shall be filed or made against the Lessor or said premises,
the Lessee shall d.•fend the same at his own expense and Lessee hereby agrees to indemnify and hold harmless the Lessor from any and all
liability' or expense arising by virtue of'such claim, demand or lien or the defense of any action filed to enforce the same. Any such
alterations, changes or additions shall, When made, &-conic a part of said leased premises and remain thereon as the property of the
Lessor at the termination of said lease at the option of the Lessor. If the Lessor shall require the Lessee to restore the premises to the
original condition in which it was before this lease is execuod, then the Lessee. shall restore said premise to such condition at his own
Cxpense,and all of the provisions of this lease with reference to such restoration contracts, liens, demands and expenses shall apply to
said restoration as troll as the original alterations.
S. To allow Lessor free access to the premises for the purpose of examining or exhibiting the same and also to allow the Lessor to
place upon said premises, at any and all times, "For Sale"signs, and within ninety (90) days of the termination of this lease"For
Rent"signs.
9. Lessee shall promptly pay and discharge all store license taxes and all general property taxes or special license fees that may
be assessed or levied by any lawful authority against the property of Lessee or any sub-tenants on, against, or by virtue of the business
Conducted in or on the demised premises during the term of this lease.
10.Lessee shall promptly pay (in addition to the rents above specified) all water,sewerage,electric,power,gas and heating bills
taxed, levied, or charged against the premises for and during the term of this lease.
I1.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 Mc 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 cotenants and agrees, that Lessor shall have, at all times, the right to distrain 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
i
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 o such !
j 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
or servants. conduct of the Lessee,his agents i
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, {t
covenant or agreement shall at any time be implied. !
17.At the termination of this lease,by lapse 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 a waiver b Lessor o an rights o re-entry p f `
Y f Y g f ryas herein set forth; nor shall the receipt o E
said rent or any part thereof,or any other act in apparent affirmance of tenancy,operate as a waiver of the right to forfeit this lease and t'
the term hereby granted for the period still unexpired,for any breach of any of the covenants herein. }}
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IS. 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, t
apply land inure to their respective heirs, executors, administrators, successors and assigns, and the terms "Lessor"and "Lessee"shall 1
embrace all of the parties hereto irrespective of number or gender, f
19. It is agreed that all payments herein provided to be made shall be made without relief from valuation or appraisement laws, t
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 (a) , (b ) , (C) and (d) }
are hereby incorporated in and made a part of this lease. f
Dated this day of ' 1976 ' }
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clause (a) Lessee shall obtain a general public liabil -ty policy of
} • not
-less ''than $500 ,000 .00 in the name of the Lec:,ee , and shall file
with the Lessor a certificate certifying as to the existence of said
coverage . Further, lessee shall hold the Lessor harmless from any and
all claims arising out of the use of the premises by the Lessee . This
contractual assumption of liability shall be insured in the general
liability policy.
clause (b )Lessee shall maintain lawn and shrubbery in a well groomed
condition.
Clause (c) 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 considered
null and void.
Clause (d) This lease shall continue in effect on and after May 3, 1971,
as a lease from year to year upon the same terms and conditions herein '
set ;'orth unless either party hereto serves notice in writing upon the
other, of its intention to terminate the lease , not less than thirty (30)
nor more than sixty (60) days before the expiration of the current term f
of the lease on May 3, 1971, or the expiration of any yearly extensitin
thereof thereafter.
A. C.T.I.O.N, INC.
ATTEST:
Paul L. Cornell
LESSEE
STATE OF INDIANA )
SS: '
COUNTY OF ST. JOSEPH )
• Before me, the undersigned, a notary public in and for said
county aad state, personally appeared Paul- L. Cornell and Norma Cobb ,
this /-5l day o-L dx . , 1970 , known as the executive director
and secretary, respectively, of A. C.T.I .O.N. , Inc . , and acknowledged
the execution of the foregoing lease .
IN WITNESS WHEREOF, I*.have hereunto subscribed my name and
affixed my official seal. -
Niy Cor,=-,ission Expires : Notary Public
MAd
ATTEST:
J 17;e 1
BOARD OF PUBLIC WOFXS AND SAFE TY
'OF THE CIT OF S UT? B N
By
L S Taylor
J es A. Bick
G'
S. J. rumpacker
Approved as o legality and form LESSOR
. i/ Crmpacke , Attorney for
the . i u
ty of South Bend, Indiana -
Approved by the Common Council of
the City of South Bend, Indiana, by
Resolution No. , dated the
day of , 1970 .
MEMO
)~ROM.- Board of Public Works & Safety
TO: COMMON COUNCIL November 5, 1970
Re:Lease of Fire Station #8 - A.C.T. I .O.N. , Inc.
A.C.T. I .O.N. , Inc. wishes to "lease the fire station as a housing facility
in the conduct of a proposed work release program for the benefit of a
selected group of prison inmates currently incarcerated at the Michigan
City State Prison. The objective of the program is to intensify the
rehabilitation process through work experience within the community the
inmates expect to live after their period of incarceration."
DA Doris Allen, Clerk of the Board
MEMO
FROM: Board of Public Works & Safety
TO: CITY CLERK November 5, 1970
Re: Lease of Fire Station #8 - A.C.T. I.O.N. , Inc.
Attached is lease, together with ordinance, for the rental of Fire Station
#8, located at 135 S. Olive Street, by A.C.T. I.O.N. , Inc. , for the consideration
of the Common Council .
Also attached is memo of explanation as requested by Mr. Laven.
DA r i ss Allen, Clerk 0of the Board
Encls.
�ol'Try'
A A IL_
0 Am"ICA d 8� CITY OF SOUTH BEND
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9'•.•
ctry
tNfS .
SOUTH BEND, INDIANA
P
LLOYD MAYOR ALLEN November 20, 1970
441 COUNTY-CITY BUILDING
SOUTH BEND. IND. 46601
AREA 219 284-9321
COMMON
COUNCIL
WILLIAM W. GROUNDS
FIRST DISTRICT
WALTER M. SZYMKOWIAK
SECOND DISTRICT
ROBERT O. LAVEN
THIRD DISTRICT
JOHN V. WISE
FOURTH DISTRICT
ALBERT E. PALMER
FIFTH DISTRICT
RAYMOND C. ZIELINSKI Mr. Robert Heyney, Commissioner
SIXTH DISTRICT Indiana State Department of Corrections
JANET S. ALLEN
AT LARGE ROOM 804,
FREDERICK D. CRAVEN State Office Building
AT LARGE Incianapolis, Indiana, 46204
GERALD C. REINKE -
AT LARGE
Dear Mr. Heyney:
The South Bend Common Council will hold a public
hearing, Monday, December 14, 1970, at 8:00 p.m. ,
on a resolution titled "A Resolution authorizing
lease of an unused Fire Station to A.C.T.I .O,N. ,
Inc. , for use in conducting a Work Release Program" .
We are sure you or your representative will want to
attend and speak for your organization.
1.1e will look forward to meeting you.
Very truly yours,
SOUTH BEND COMMON COUNCIL
Robert 0. Laven
President
ROL:mp
CC: Mr. Paul L. Cornell
i
m �G CITY OF SOUTH BEND
SOUTH BEND, INDIANA
•j`1'D I ASP•
LLOYD M. ALLEN November 20, 1970
MAYOR
441 COUNTY-CITY BUILDING
SOUTH BEND. IND. 46601
AREA 219 284-9321 i
COMMON
COUNCIL
WILLIAM W. GROUNDS
FIRST DISTRICT
WALTER M. SZYMKOWIAK
SECOND DISTRICT
ROBERT O. LAVEN
THIRD DISTRICT
JOHN V. WISE
FOURTH DISTRICT
ALBERT E. PALMER
FIFTH DISTRICT
RAYMOND C. ZIELINSKI Mr. Joseph A. Sanders
SIXTH DISTRICT
JANET S. ALLEN Chairman of the Board
AT LARGE A.C.T.I .O.N. , Inc.
FREDERICK D. CRAVEN 1040 Lincoln Way East
AT LARGE y,
GERALD C. REINKE South Bend, Indiana, 46617
AT LARGE
Dear Mr. Sanders:
The South Bend Common Council will hold a public
hearing, Monday, December 14, 1970, at 8:00 p.m. ,
on a resolution titled "A Resolution authorizing
lease of an unused Fire Station to A.C.T.I.O.'N. ,
Inc. , for use in conducting a Work Release Program" .
We are sure you or your representative will want to
attend and speak for your organization.
We will look forward to meeting you.
Very truly yours,
SOUTH BEND COMMON COUNCIL
Robert 0. Laven
President
ROL:mp
cc: Mr. Paul L. Cornell