HomeMy WebLinkAbout17-30 Resolution Approving Parking Lot Lease at 214-216 Wayne Street 120ON COUNTY-CITY BUILDING O4�OUTH g PHONE 574/235-7678
227 W.JEFFERSON BLVD. �� f FAX 574/235-9928
SOUTH BEND, INDIANA 46601-1830 v d
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CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
Filed in Clerk's
May 30, 2017
Mr. Tim Scott, President JUN 0 7
City of South Bend Common Council
227 W. Jefferson Boulevard, 41h Floor KAREEMAH
South Bend, Indiana 46601 CITY CLERK SO
RE: Parking Lot Lease at 214-216 West Wayne Street for City Employee and Contractor Use
Dear President Scott,
We request your approval of a parking lot lease for our City employees and contractors based on the
following:
• There are roughly 130 full time employees working in and near the County City Building.
• Our current City-provided lot only has 50 parking spaces available (formers Shillings Lot);
currently there are some employees who are parking in the lot by the building as well as some
employees who have chosen to pay for their own parking.
• We have many summer interns that are unpaid and, due to the lack of space in the current lot,
are required to find their own parking.
• The lot being requested for lease has 70 parking spaces; this lot will allow for all City employees
as well as summer interns and various contractors to have access to safe, free parking.
• The lot is reasonably priced. Current spots around the building run from $35-$50 per space per
month. Our price will be $20 per space per month.
In an effort to be a great employer for great employees, having adequate, safe parking for our employees
is very important.
Thank you for your attention to this request. If you should have any questions, please feel to contact me
at 574-235-9822.
Regards,
Jennifer C. Hockenhull
EXCELLENCE ACCOUNTABILITY + INNOVATION INCLUSION EMPOWERMENT
RESOLUTION NO.
RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND,INDIANA,APPROVING LEASE OF PARKING LOT LOCATED AT 214-
216 WEST WAYNE STREET
WHEREAS, the City of South Bend("City")wishes to enter into a lease of a
parking lot located at 214-216 West Wayne Street, South Bend, IN 46601 ("Property")
owned by Mary Coyne Investments, LLC ("Landlord"); and
WHEREAS, the City is requesting to lease the Property for use by the City of
South Bend Employees and Contractors ("Employees"); and
WHEREAS, the City seeks to lease of the Property for a term of five (5) years;
and
WHEREAS, the Board of Public Works held a public hearing with respect to the
appropriateness of the proposed lease at its , 2017 meeting; and
WHEREAS, pursuant to I.C. § 36-1-10-7, the City has collect signatures from
fifty (50) City residents within the neighborhood of the Property indicating their support
of the lease of the Property. Said petition is attached hereto as Exhibit A and
incorporated herein; and
WHEREAS, pursuant to I.C. § 36-1-10-7, the Common Council must determine
that the parking lot is needed and approve said lease of the Property.
NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City
of South Bend, Indiana, as follows:
1. The Common Council deems it necessary for the City to lease the Property
located at 214-216 West Wayne Street for use by the City Employees.
2. The City of South Bend is hereby authorized to lease the Property.
ADOPTED at a meeting of the Common Council of the City of South Bend,
Indiana held on , 2017, at the County-City Building, 227 West Jefferson
Boulevard, South Bend, Indiana 46601.
Council Members
1
Tim Scott, President
Regina Williams-Preston, Member
Gavin Ferlic, Member
David Varner, Member
Randy Kelly, Member
Oliver Davis, Member
Jo Broden, Member
John Voorde, Member
Karen White, Member
ATTEST:
Kareemah Fowler, Clerk
Filed in Clerk's Office
JUN 0 7 2017
NESENUD
KAHi=fcii FOVJLER
NOT APPROVP CITY CLERK,SOUT BEAD, IN
'ADOPTF[7
Fife! in Clerk's Office .
PARKING LOT LEASE
JUN 0 7 2017
This Lease (the "Lease") is made April, 2017, between The City of South Ben ("Le see) and Mary Coy e
Investments,LLC. ("Lessor"). KAP-,EEiVIAH FOWLER
1.Leased Premises. Lessor hereby leases to Lessee and Lessee hereby leases fro
improvements and all appurtenances which consist of the entire parking facility located at 214-216 W.Wayne Street,
South Bend,Indiana 46601 (parcel number 18-3 008-025 1)(the"Leased Premises").
2.Lease Term.The term of this Lease shall be for an initial term of five years(5), commencing on May 1,2017.This
Lease is subject to ratification from the South Bend Common Council.
3.Rent. In consideration hereof,the Lessee covenants and agrees to pay to Lessor,at the address set forth in Paragraph
14 or such other place as Lessor may from time-to-time designate in writing, rent for the Leased Premises in the
following manner:
a. Fixed Rent. Before the first (1st) day of each month during the term of this Lease, Lessee agrees to pay
Lessor a fixed monthly rent of one thousand four hundred dollars($1,400.00)for the Leased Premises.If the
commencement date is not the first day of a month, or if the Lease termination date is not the last day of a
month, a prorated monthly installment shall be paid at the then current rate for the fractional month. Lessee
agrees to pay an increase in rent of 3%per year following the first year.
4.Use. The Leased Premises shall be used for vehicle parking and related purposes and such other purposes as may
be incidental thereto. Lessee shall have the right to install or erect at its expense, signage suitable for advertising
purposes in or adjacent to the Leased Premises and any personal property or trade fixtures Lessee deems necessary
for conducting business upon the Leased Premises in accordance with the uses and purposes provided herein.
5.1ndemnification. Lessee shall indemnify and hold harmless Lessor from any and all loss, costs (including
reasonable attorney's fees), and liability on account of any damages, injuries, claims and demands to the extent
caused by negligent errors, omissions or misconduct of Lessee, its agents or employees but only to the extent that
same are caused by the negligence,misconduct or other fault of Lessee. Lessor shall indemnify and hold harmless
Lessee from all loss,costs(including reasonable attorney's fees), and liability on account of any damages, injuries,
claims and demands to the extent caused by the negligent errors, omissions or misconduct of Lessor, its agents or
employees.Lessee shall not be liable for any loss or liability caused by or arising from: (a)any structural defect on
or about the Leased Premises; (b)the design of the Leased Premises or any acts or omissions of the Lessor,Lessor's
agents,employees, licensees, or invitees.
6.Insurance. The parties hereto acknowledge that Lessee is self-insured under Indiana law. Lessor shall, at
its own cost and expense, insure its obligations hereunder and keep in effect for the Leased Premises: commercial
general liability,and fire Insurance with additional coverage commonly known as supplemental contract or
extended coverage, covering interests of the Lessor and the Lessee in amounts sufficient to pay, in full, all losses
to the Leased Premises.
7.Utilities and Services. To the extent applicable, Lessor shall pay all utility and service charges relating to the
Leased Premises.
8.1axes and Assessments. Lessor shall pay all taxes and assessments levied upon or assessed against the Leased
Premises.
9.Permits and Licenses. Lessor warrants that it shall maintain any and all permits and licenses necessary for the
Leased Premises to operate as a parking facility in South Bend,Indiana.
10.Duties of Lessee. Lessee shall keep the Leased Premises and adjacent sidewalk clean and free of snow and debris
11.Peaceable Possession.
a. Lessor and Lessee warrant that they have the authority to enter into this Lease, and Lessor warrants that no
law,ordinance or regulation prohibits the use of the Leased Premises for any vehicle parking business. Lessor
shall execute or procure any necessary assurances of title that may reasonably be required for the protection
Page 1 of 3
of Lessee. Lessor covenants that Lessee may peacefully hold and enjoy the Leased Premises during the lease
term without any interruption by Lessor, its successors or assigns, or any other person or entity.
b. Lessor and its authorized representatives shall have the right to examine and inspect the Leased Premises
from time to time during usual business hours.
c. Lessor represents and warrants that it has received no notice or knowledge of claimed violations of any law,
ordinance or regulation relating to the Leased Premises.
12.Termination. In the event that either party breaches any covenant or obligation in this lease, the non-breaching
party shall give the breaching party written notice of any intent to terminate this lease for such breach and of the
cause therefore. If the breaching party does not correct the breach specified within thirty(30)days(or,in the event
the breach is of a nature that cannot be reasonably remedied within thirty (30) days, fails to commence to remedy
such breach within thirty(30)days and continue with reasonable diligence to correct same)this Lease may then be
terminated by thirty (30) days written notice by the non-breaching party to the breaching party for such uncured
cause. Upon cancellation or termination of this Lease, Lessee shall be released from any further obligation under
the terms of this Lease arising after the date of such termination.
13.Surrender. Upon the termination of this Lease by lapse of time or otherwise, Lessee agrees that it will surrender
and deliver to Lessor possession of the Leased Premises. Lessee shall have the right to remove any and all of
Lessee's personal property and trade fixtures prior to such surrender and delivery.
14.Notices. Any notices or communications required or requested to be given under the terms of this lease shall be
deemed properly given if mailed by United States mail,registered and with postage prepaid, if to:
to Lessor at: to Lessee at:
Mary Coyne Investments, LLC Deputy City Controller
1428 Hamilton Avenue Department of Administration and Finance
Cleveland, Ohio 44114 City of South Bend
ATTN: Michael F. Coyne,Esq. 27 W.Jefferson Blvd.
South Bend, Indiana 46601
ATTN: Jennifer C. Hockenhull,CPA
Addresses for notices may be changed by delivery notice of such change in the manner provided above.
15.Brokers. Lessor and Lessee each represent and warrant that they have not obligated the other to compensate any
agent, attorney, broker or finder or their intermediary in connection with the negotiation, preparation or execution
of this Lease.
16.Severability. If any provisions of this Lease shall be invalid or unenforceable, the remainder hereof shall
nevertheless continue in full force and effect.
17.Entire Agreement. The Lease contains the entire agreement and understanding between the parties hereto, and
may not be amended or changed except by agreement in writing executed by the parties.
18.Successors and Assigns. This Lease shall be binding upon and shall inure to the benefit of the parties hereto,their
respective successors and assigns.
IN WITNESS HEREOF, duly authorized representatives of Lessor and Lessee have executed this Agreement as of
the date first written above.
Lessor:
Page 2 of 3
Lessee:
Mary Coyne hlvestments, LLC. The City of South Bend -kri'UOVED
_ +'Ard of Public Works
By: I(Z / By:
&APLK " LU I
Name: (l Name
Title: M e M E/ Title:
Filed in Clerk's Office
JUN 07 2011
KAREEh4AH FOWLER
CITY CLERK,SOUTH BEAD, IN
Page 3 of 3
PETITION REQUESTING THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA TO ENTER
INTO A LEASE AGREEMENT FOR THE PARKING LOT AT 214-216 W. WAYNE STREET
TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA:
The undersigned, owners of taxable real estate in the City of South Bend, Indiana, petition the Board of
Public Works of the City of South Bend, Indiana, pursuant to I.C. 36-1-10-7, to provide parking space for
the City of South Bend Employees and Contractors by entering into a lease agreement with Mary Coyne
Investments, LLC for 70 parking spaces. The lease shall be in effect for five (5) years for$16,800 annual
rent with an automatic 3%increase per year.
ONLY SOUTH BEND PROPERTY OWNERS CAN SIGN
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