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HomeMy WebLinkAboutAuthorizing lease of an unused Fire Station to A.C.T.I.O.N., INC., for uses as offices, as amended RESOLUTION NU. 251-70 Passed by the Common Council of the City of South Bend, Indiana, November 9, 19 70 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 i RESOLUTION NO. 251-70 A RESOLUTION AUTHORIZING LEASE OF AN UNUSED FIRE STATION TO A.C.T. I .O.N. , INC, FOR USE AS OFFICES, AS AMENDED. WHEREAS, the City of South Bend, Indiana, being the owner of vacated fire station premises, described in copy of a lease attached hereto as hereinafter recited, and has no current use for said premises, and WHEREAS, A.C.T. I.O.N. , INC. , a non profit corporation and the agency designated to administer the anti-poverty program, desires to lease said premises for offices for the period from October 1 , 1970, through September 30, 1979 and 1971 WHEREAS, the City of South Bend by virtue of said lease can obtain in-kind credit towards its contribution to such program as re- quired by the Federal Anti-Poverty Program, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1 . Pursuant to the authority set forth in the Acts of the Gen,:ral Assembly for the year 1905, Chapter 129, that certain lease entered into by and between A.C.T. I .O.N. , Inc. and the City of South Bend, Indiana, by and through its Board of Public Works and Safety and its Mayor, on the &-Z'A, day of---/)-Ze-- , , 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. P1emb r of the Com n ounc i 1 1st & 2nd READING-11-9-70 COMMITTEE OF THE WHOLE PUBLIC H'7ARING--11-9-70 3rd NOT Al PROVED REFERRED PASSED --11-9-70 FILED IN CLERK'S OFFICE NOV 55 1970 KATHRYN L. BLOUGH CCTV CLERK. SOMH BEND, IND. MEMO FROM. Board ,of Public Works & Safety TO. CITY CLERK November 5, 1970 Re; Renewal of Lease for Fire Station #5 - A.C.T. I.O.N. , Inc. Attached is lease, together with ordinance, for the rental of Fire Station #5, located at 1000 Lincolnway East, for the consideration of the Common Council . DA Doris Allen, Clerl< of the Board Encls. D 1;:+nM �:w' 6Lu9a This indenture witnesseth, that the 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", leases to: 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, knowrrt and described as follows: t A portion of land in Wenger and Kreighbaum's Vistula Avenue Addition, con- sisting of Lots F and G and the eastern portion of Lot E described as follows: Beginning at a point of the intersection at the northwest side of an alley and the southwest line of Lincolnway East, in the city of South Bend, said point being the southeast corner of Lot G in the aforesaid Addition, running thence in a northwesterly direction about 125 feet more or less to the south- easterly corner of Lot V on said plat; thence southwesterly 30 feet along the south line of said Lot V to the southwest corner of said Lot V; thence northwesterly along the west line of said Lot V 50 feet more or less to the center line of Bowman Ditch; thence in a southwesterly direction following the center line of said Ditch to the intersection of the west line of Lot E; thence in a southeasterly direction along the southwest ends of Lots E, F and G to the south line of Lot G, being the northwest line of the above mentioned alley; thence in a northeasterly direction along the southeast line of Lot G to the place of beginning, all as shown in Plat Book Q, page 100, in the office of the Recorder of St. Joseph County, Indiana,. more commonly known as Fire Station #5. To have and to hold the same unto the lessee from October 1 , 1970 , to and including � September 30 , 19 71 , 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 purposes whatsoever: offices for A.C.T. I .O.N. , Inc. 2. To pay as rent for said leased premises the sum of Th i rty Four Hundred ($3,400.00} dollars 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 delivery to the Lessor of an in-kind receipt of credit each month for one-twelfth of the annual rental . without notice or demana, 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 eaves,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- respective 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 property 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. COPYRIGHT.1957.ST.JOSEPH COUNTY INDIANA BAR ASSOCIATION 7. That no alterations, changes or additions in said leased premises shall be made without first submitting written plans and specifications for the same to the Lessor and obtaining his written consent to make the same. In the event of any such remodeling,altera- tions or additions that Lessee shall make the same at his own expense and shall promptly pay for all materials and labor involved in making the same.Lessee shall not permit any liens or claims or demands of any nature to exist against the Lessor or the leased'premises. In the event any lien, claim-or demand or any action for enforcing the same shall be filed or made against the Lessor or said premises, the Lessee shall defend 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, become 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 executed, then the Lessee shall restore said premise to such condition at his own expense, and all of the provisions of this lease with reference to such restoration contracts, liens, demands and expenses shall apply to said restoration as well 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. 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 t 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 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 nbt 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 for such 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 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 fCue times the per diem rental;but the provisions of this clause shall not be held as a 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 any 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 21 , 22, 23, 24 and 25. are hereby incorporated in and made a part of this lease. XXXXXXDb Ai&t iMsXXXXXXY"�')6fxXXXXXXXXXXXXX�1);XXXX;XX xx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxXXXXXX xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx XxXxxxxxxxxxxxxxxxxxxxxxxxxxxxx:tlw"xxxxxxxxxxxxxxxxxxxxxxxx;;xxxxx;:xxxxxxxxxx s ( X t x�f;sn�>a»czXScttxhox phK­o WA%x X X%�XX/�6Q�OTe�\!R6 7LQelC9lg�nGm/�s�Lr.O +LJ'�tC21�DLlGVRJ�aZi¢�F���'�'^'o ` 1!'( 14tissy�[(4iJ\X iV�XXniftTW/�X XX XXXX�CAXX.S�Kr.XxXsn Ycinil at<kfib3Gie2i�eillJiee3f8Et€ttbf%dt€hefJr go ' :A#d l(• Yi hk�s> #fXXX+3�+ �}:' # (X &i St >fiX;4k�fi?��FX9k XO ':9ffi�E rA' ),�,YI�c"biib)(X }` XXXXXXXXXXXXXXXXXXi(XXXX This instrument was prepared by S d Crumpacker. City Attorney South Bend, Indiana Member of St.Joseph County Indiana Bar Association Clause, 21 . Lessee shall obtain a general public liability insurance policy of t not less than $500,000.00 in the name of the Lessee 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 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 considered null and void. Clause 24. Lessee is hereby granted permission to riake alterations in the premises except those which would involve structural changes. Clause 25. This lease shall continue in effect on or after October 1 , 1971 , as a lease from year to year upon the same terms and conditions herein set forth unless either party hereto serves notice in writing upon the other of its intention to terminate the lease not less than 30 days nor more than of days before the expiration of the current term of the lease on September 30, 1971 , or the expiration of any yearly t extension thereof thereafter. A.C.T. I .OJ]. , Inc. Paul L. Cornell tart' Lessee STATE OF INDIANA, COUNTY OF ST. JOSEPH, SS: Before me, the undersigned, a Notary Public in and fJr said County and State, personally appeared Paul L. Cornell ate-` A — , known as the Executive Director aSet , respectlVe y, of A.C.T. f .CN. , Inc. , and acknowledged the execution of the foregoing lease. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal . �•' Notary Pub! is � ' My commission expires: CIVIL CITY OF SOUTH BEND, INDIANA L1oy ' S. _ ylor i L2 � iL J. Crucpack�I A'-te t: i �Jases A. Bickel Doris Allen, Cleri: of the Board Board of Public 'v/orks and Safety A.test: K8thryn lough, Ci �1e rl, )_10v .',*#'A ten, ;,ay Appro'✓-jas t legality and f r.-,. rur;packer, C ty Attorney proved by the Common Counc11 of t:^e City of South Bend, Indiana, by Resolution No. dated the day of 1970.