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HomeMy WebLinkAboutAuthorizing lease of the Fire Station at 701 Portage Avenue, to South Bend Civic Theare, Inc. RESOLUTION 204-69 Passed by the Common Council of the City of South Bend, Indiana, January 27 1969 Attest: Ck, City Clerk Attest: President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana January 27, 1969 19 City Clerk Approved and signed by me 19 Mayor J ani iary 20, 1969 ' N EMO T0: CITY CLERK r 1,E; South Bend Civic Theatre Lease copies of the above lease that have been executed Attached is an original and two cop and by the South Bend Civic Theatre. by the Board of Public Works and Safety and one copy should be returned this lease is approved by the Council, the original sent to the Board of Works. The orAlso attached are l an original and twenty-five ycopies, to South Bend Civic Theatre. sting approval of the lease and ten copies as you requested, of the resolution reque of the lease. Legal Department FILEPIN CLERK'S OFFICE 2 L z i�G KATHRYN L. SLOUGH CITY CLERK, SOUTH BEND, IND. ' Authorization of Lease for #6 Fire Station } RESOLUTION N0. 204-69 A RESOLUTION AUTHQRIZING LEASE OF THE FIRE STATION AT 701 PORTAGE AVENUE, TO SOUTH BEND CIVIC THEATRE, INC WHEREAS, the City of South Bend vacated the fire station located at 701 Portage Avenue, prior to 1968 and has no current use for the prem- ises, and WHEREAS, the South Bend Civic Theatre, Inc., a non profit cor- poration, dedicated to the production of amateur theatre and education of young people, desires to lease said premises again, for the year of 1969, for the purpose of conducting amateur theatre activities, NOW, THEREFORE, BE IT RESOLVED BY THE CMIMON 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, as amended, that certain lease, entered into by and between the City of South Bend, Indiana, acting by and through the Board of Public Works and Safety, and South Bend Civic Theatre, Inc., on the / Z-/ day of , 1969, 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 aDnfirmed. Member of the Common Co it FILER IN CLERK'S OFFICE 1st & 2nd READING 1' 7 `" 9 COP�P,9ITTEE OF THE WHOLE7, PUBLIC !-TEARING /�� .� ' KATHRYN L. BLOUGH 3rd READING CITY CLERK, SOUTH BEND, IND. VOT APPROVED REFERRED,/ PASSED %--2 7 - 6 9 This indenture witnesseth, that CIVIL CITY OF SOUTH BEND, INDIANA, a municipality, acting by and through its Board of Public Works & Safety, hereafter referred to as "Lessor", leases to: SOUTH BEND CIVIC THEATRE, INC., an Indiana non profit corporation 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, known and described as follows: Lots numbered 1, 2 and 3 as shown in the recorded plat of the St. Joseph County Agricultural Society's Addition to the City of South Bend. Also known as 701 Portage Avenue. . To have and to hold the same unto the lessee from January 23 19 69 to and including January 22, , 1970 , 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 p remises for the following described purposes and for no other purposes whatsoever: Amateur theatre activities 2. To pay as rent for said leased premises the sum of One and no/100 ------------------($1.00}lollars paid with the execution of this lease, the receipt of which is hereby acknowledged by lessor, 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 claim8 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. COPTIIIONT.11117,ST.JOSEPH COUNTY INDIANA BAR ASSOCIATION Y y 7. That no alterations, changes or additions in said leased premises shall be made without first submitting written plans and 49 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 claimo 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. 8. 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 tc 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 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 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 five 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 (a), (b) and (a) are hereby incorporated in and made a part of this lease. j Dated this day of , 1969 KX h u, This instrument was prepared by Shepard J. CrumEaeker, C3-hr Attorney, South Bend, Indiana Indiana Bar Arrociation less •Ll.;iii ' 500,000.00 in the name of wits sec»_ : , and shall file wi`t;,'�'tne 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. SOUTH BEND CIVIC THEA , INC. By Preside Attest: Secretary LESSEE STATE OF INDIANA, COUNTY OF ST. JOSEPH, SS: Before me, the undersigned, a notary public in and for said county and state personally appeared I-Lill_iam J. Gooley and Susan Boffin , this - 16th day of January , 1969, known to me to be the President and Secretary, respectively, of the South Bend Civic Theatre, Inc., and acknowledged the execution of the foregoing lease. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. Atr Commission Expires: -Notary Public BOARD OF PUBLIC WORKS & SAFE OF THE OF A Taylor J s A. Bicke At : She and J. acker LESSOR Doris Allen Clerk Approved as to legally and form. She and J. C acker, Atkborney for the City of South Bend, Indiana. Approved by the Common Council of the City of South Bend, Indiana by Resolution No. - 6 , dated the day of 1969.