HomeMy WebLinkAboutUpdated Zion church Parking Lot Agreement signedRev 09_09_2018 1
ZION UNITED CHURCH OF CHRIST, AND CITY OF SOUTH BEND, INDIANA PARKING LOT IMPROVEMENT AND SHARED USE LEASE AGREEMENT
This Parking Lot Improvement and Shared Use Lease Agreement (the “Agreement”) is made effective as of September 10, 2018 (“Effective Date”) by and between Zion United Church of Christ (“Zion Church”), 715 E. Wayne Street, South Bend, Indiana 46617-3019 (the “Lessor”) and the City of South Bend Indiana, acting by and through its Board of Park
Commissioners (the “ “Lessee”) (Each a “Party” and together the “Parties”), for the lease, shared use and improvement of the parking lot area of Lessor (hereinafter, the “Parking Premises”). 1. TERM, TERMINATION AND RENEWAL. The term of this Agreement shall
commence as of the Effective Date and continue for an initial lease term of ten (10) years. The Agreement shall automatically renew for three (3) successive five (5) year lease terms, for a total maximum term of twenty-five (25) years. Except for material breach, neither Party may terminate this Agreement during the initial term. Upon the expiration of the Initial Term or during any Renewal Term, either Party may terminate this
Agreement by providing thirty (30) days prior written notice to the other Party. 2. OWNERSHIP AND FIRST OPTION TO PURCHASE. Lessor owns or has perpetual easement rights to the Parking Premises located at Zion Church, more particularly described as:
Lot 249: 34 Ft N Side Lot 249 W ½ Vac alley E & Adj Cottrells 1st Add To Lowell Vac Ord#10227-13 7/15/2013 [Parcel Key Number 018- 6002-001801]
Lot 249:
32 Ft S Side Lot 249 W1/2 Vac alley E & Adj Cottrells 1st Add Vac Ord #10227- 13 07-15-13. [Parcel Key Number 018-6002-018] Lots 250 and 251:
250 W1/2 Vac alley E & Adj Cottrells 1st Add 14/15 Vac Ord #10227-13 07-15-2013
[Parcel Key Number 018-6002-0019] and 251 W1/2 Vac alley E & Adj Cottrells 1st Add Vac Ord #10227-13 07-15-2013. [Parcel Key Number 018-6002-0020] The full and complete legal descriptions of the Premises are attached herein as Exhibit
“A”.
In the event Lessor elects or is forced to sell said Premises during the Initial Term or any Renewal Term of this Agreement, Lessor grants Lessee an exclusive first option to
EXHIBIT A
Description of Property
Lot 249:
Lot or parcel of land Thirty-four (34) feet in width, North and South, taken off the entire length
of the North side of Lot Numbered Two Hundred Forty nine (249) as shown on the recorded Plat
of Samuel L. Cottrell’s Addition to the Town of Lowell, now within and a part of the City of
South Bend, in St. Joseph County, Indiana. Recorded on June 24, 1963 in book 639 and page 355
in the St. Joseph County Recorder’s Office. [Parcel Key Number 018-6002-00801], together
with the west one-half of the vacated alley east of and adjacent thereto (Vac Ord #10227-13,
7/15/2013).
Lot: 249:
Lot or parcel of land thirty-two (32) feet in width, North and South, taken off of and from the
entire length of the South side of Lot Numbered Two Hundred Forty-nine (249) as shown on the
recorded Plat of Samuel L. Cottrell’s Addition to the Town of Lowell, now within a part of the
City of South Bend. Recorded on June 17, 1975 in book 802 and page 231 in the St. Joseph
County Recorder’s Office. [Parcel Key Number 018-6002-0018], together with the west one-
half of the vacated alley east of and adjacent thereto (Vac Ord #10227-13, 7/15/2013).
Lots 250 and 251:
Lots Numbered 250 and 251 in Cottrell’s First Addition to the Town of Lowell, now a part of the
City of South Bend, St. Joseph County, Indiana. Recorded on January 25,1952 in book 495 and
page 282 in the St. Joseph County Recorder’s Office. [Parcel Key Numbers 018-6002-0019 and
018-6002-0020] ], together with the west one-half of the vacated alley east of and adjacent
thereto (Vac Ord #10227-13, 7/15/2013).