HomeMy WebLinkAboutLease - Charles Martin Center Room for AmeriCorps - South Bend Heritage Foundation, Inc.k
1316 COUNTY —CITY BUILDING � /
227 W. JEFFERSON BOULEVARD
I dtiTl
SOI ITH BEND_ 1NDIANA 46601-1 930
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARDU LIC WORKS
December 10, 2019
Mr. Marco Mariani
South Bend Heritage Foundation, Inc.
803 Lincolnway West
South Bend, IN 46616
RE: Lease
Dear Mr. Marian;
PHONE 574/235-9251
FAx 574/235-9171
The Board of Public Works, at its meeting held on December 10, 2019, approved the above
referenced lease for the Charles Martin Center Room for AmeriCorps in the amount of
$6,000/year, not to exceed $18,000 for three (3) years.
Enclosed please find the original of the lease for your signature. Please sign and return the
original agreement to our office and retain a copy for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
1
South Bend Heritage Foundation
803 Lincolnway West South Bend, IN 46616
PLAIN LANGUAGE LEASE
The Lease is between:
Lessor: South Bend Heritage Foundation, Inc.
803 Lincolnway West
South Bend, Indiana 46616
Business: 574-280-1066
Facsimile: 574-289-4550
Email: marcomariani@sbheritage.org
Lessee: City of South Bend Board of Public Works c/o Department of Community
Investment
227 West Jefferson Blvd, Suite 1400 S
South Bend, Indiana 46601
Business: 574-233-0311
Attn. Executive Director
Lessor and Lessee may individually be referred to as a "Party" or
collectively as "Parties".
is e , Room #106 (see Exhibit A), 802 Lincolnway West (Charles Martin Youth Center)
South Bend, IN 46616 containing approximately 825 square feet.
Lease Term: One (3) year lease beginning December 1, 2019 (the
"Commencement Date") and ending December 31, 2022 or sooner as provided
herein. Possession date: December 10, 2019.
2. Rent per Month/Annual
Yr. 1: $500.00 per Month, prorated for the first month from the possession
date/ up to $6,000 Annual
Yr. 2: $500.00 per Month / $6,000 Annual
Yr. 3: $500.00 per Month / up to $6,000 Annual
Rent will be paid annually in advance, with the first payment due and payable
within forty-five (45) days of the execution hereof. Thereafter, the annual amount
of the rental payment shall be made within forty-five (45) days of January 1. All
rental payments shall be made to Lessor, at the address specified above.
3. Use: The Premises shall be used as general office space and associated
administrative functions for Lessee's programs or programs sponsored by Lessee
and for no other purpose. The Parties acknowledge that, as a part of such
Lessee Initial Lessor Initial
programs, Lessee works closely with Americorps members and employees of
EnFocus, who may have workspace at the Premises in connection with their work
related to the Lessee's programs. Lessor represents that the Premises may
lawfully be used for such purposes. Lessee shall not use the Premises for the
purpose of storing, manufacturing or selling any explosive, flammable, or other
inherently dangerous substance, chemical, thing, or device. Lessee shall have
non-exclusive ri ht to use common areas, including hallways, parking lots,
restrooms, auditorium and conference rooms.
4. Termination- Lessee may, at Lessee's sole option, terminate this Lease at any
time by providing no less than sixty (60) days' notice to Lessor. In the event
Lessee elects to terminate this Lease under this provision the Lessee shall
receive a refund of the unused amount of the pre -paid rent from the actual date of
termination. Termination by Lessee one hundred eighty-one (181) days or later
from the Commencement Date shall be subject to an early termination fee of Six
Hundred Dollars ($600.00). .
Lessee Initial Lessor Initial
I
If Lessor terminates this Lease at any time for any reason, Lessee shall not pay
the early termination fee. This Lease shall automatically terminate at the end of
the initial Lease Term or any successive term if the Lessee fails to give written
notice of renewal as required by this Lease.
5. Renewal: Lessee has the option to renew the Lease for an additional three (3)-
year period at an annual rent to be agreed to at the time of renewal. If the Lessee
remains in possession of the Premises with Lessor's consent after the expiration
of the initial Lease Term or any renewal period that has been properly exercised,
Lessee shall be a month to month tenant. Lessee's rent during such new tenancy
may be 150% of the amount Lessee is obligated to pay during the last year of the
initial Lease Term or any properly exercised renewal period.
6. C213diji213E i1nd Imigrovernel2J& It is understood that the Premises are leased
in "as is" condition. Lessee shall obtain written consent of Lessor with respect to
any changes or modifications in the Premises, and any such modifications or
changes shall be at Lessee's expense. The initial improvements which have been
approved by the Lessor are contained on Exhibit "B" which is attached hereto and
incorporated herein by reference. In the event there are no entries on Exhibit
"B", then Lessee must obtain written consent for any future changes and/or
modifications to the Premises.
7. Reg&§ and MgintenanSig:Lessor shall maintain the roof, exterior and
structural portions of the Premises. Sidewalk and parking lot snow removal is
the responsibility of Lessor. Trash Removal shall be the responsibility of
the Lessor. The location of the common areas is depicted in Exhibit "C" which is
attached hereto and made a part hereof.
8. Etectric, Wgter and "I" . Electric service shall be the responsibility
of the Lessor. Water service shall be the responsibility of the Lessor. Gas
service shall be the responsibility of the Lessor. Lessor agrees to supply a
central heating and air conditioning system to the Premises. Lessor agrees to
maintain and keep in good repair and condition during the term of this Lease all
portions of the heating and air conditioning equipment and systems servicing the
Premises and to replace the same as needed.
Lessee Initial Lessor Initial
I
9. Ielephone, SgtgurilvTelephone
Premises shall be the responsibility of th
e
10. Liability Insurance. Lessee shall, during the entire term of this Lease, keep in
full force and effect the following insurance at Lessee's expense:
A. Commercial General Liability The parties acknowledge that, pursuant to City
of South Bend Ordinance No. 6657-79, effective October 11, 1979, and subject
to the statutory limitations set forth in Indiana Code Section 34-13-3-4, the
Lessee is self -insured for general liability risk; additionally, notwithstanding
anything in this Lease to the contrary, Lessee does not waive any governmental
immunity or liability limitations available to it by law.
B. Workers' Compensation (WC) and Employers' Liability insurance. The WC
policy of Lessee shall include a waiver of subrogation of rights in favor of Lessor.
C. Coverage for special causes of loss on any and all personal property including,
but not limited to, all inventory, equipment, goods and merchandise, fixtures and
other improvements (and betterments) installed by Lessee in the Premises.
Lessor is not responsible for any damage to Lessee's personal property due to
any cause of loss. Upon request, Lessee shall provide certificate(s) of insurance
to Lessor evidencing such insurance required prior to the date Lessee takes
possession of the Leased Premises and every year thereafter, throughout the
term of this Lease or any extension of this Lease.
Indemnification; Except with regard to the negligent or willful acts or omissions
of Lessor, Lessee shall assume all liability and agrees to indemnify, defend and
save Lessor harmless from and against any and all third party claims, damages,
costs and expenses, including reasonable attorney's fees, in any manner arising
out of or in connection with the Lessee's employees, visitors and invitees on the
Premises at the request of Lessee or associated with Lessee's business in the
Premises.
11. " es: Any notice hereunder must be in writing, and shall be deemed to have
been given when deposited in the United States Mail, postage prepaid, certified,
return receipt requested, or upon confirmed receipt if by facsimile or overnight
delivery addressed to the Parties at the following addresses:
Lessee Initial Lessor Initial
I
South Bend Heritage Foundation
803 Lincoln Way West
South Bend IN 46616
Fax 574- 289-4550
City of South Bend Board of Public Works c/o Department of
Community Investment
Attn. Executive Director
227 West Jefferson Blvd, Suite 1400 S
South Bend, Indiana 46601
12. omm Iian a With StatUlt§ gl]d Ordingl3ces,. Lessee covenants and agrees not
to use or permit the use of the Premises, or any part thereof, for any purpose that
may be contrary to the laws of the State of Indiana or any ordinances, rules or
regulations of the City of South Bend, St. Joseph County, or other proper lawful
agencies having the right to make the same (See Exhibit D). Said Premises shall
not be used or permitted for any illegal purpose. Lessee shall keep the Premises
in a neat and sanitary condition and in such order and condition as to conform in
all respects to any laws, ordinances, orders and requirements imposed by the
State of Indiana, City of South Bend, or St. Joseph County, including but not
limited to any and all fire regulations.
13. QW21enjoyme,131, The Lessee is entitled to the quiet enjoyment of the Premises
pursuant to the uses described in paragraph 4.
14. L22see's Additionalt : Lessee agrees to:
i. Observe such rules and regulations as from time to time may be
put into effect by Lessor for the general safety, comfort, and
convenience of Lessee and patrons of the Premises, including but
not limited to those rules and regulations listed in Exhibit "D", which
is attached hereto and made a part hereof. Any failure by Lessor to
enforce any rules and regulations against Lessee or any other
tenant in the facility shall not constitute a waiver thereof. The
Lessor may periodically change these policies/procedures and
advise Lessee of these changes in writing at least ninety (90) days
prior to their effect. See Exhibit "D".
i Give Lessor, its agents and employees, Lessor's mortgagees, and
any other person or persons authorized by Lessor access to the
Lessee Initial Lessor Initial
I
Leased Premises at a reasonable time during business hours to
enable Lessor and/or others mentioned to examine the same and
to make such repairs, additions and alterations as Lessor may
deem advisable.
iii. Refer to the name and address of facility in primary references to
the location of the Premises, including references in any
advertising, Lessor's stationery, or other printed material.
iv. Give to Lessor prompt written notice of any accident, fire, or
damage occurring on or to the Premises or the common areas
within twenty-four (24) hours of Lessee's actual knowledge of any
such occurrence.
v. Keep the Premises in good order and condition, keep the Premises
free of liens, and commit no waste upon the Premises.
15. Events of Default: The following shall be considered for all purposes to be
events of default under and breaches of this Lease:
i. Any failure of Lessee to pay any rent or other amount within five (5)
days of the due date hereunder;
i. Any failure by Lessee to perform, observe, or act in good faith to
rectify the deficiency of its performance of any other of the terms,
provisions, conditions, and covenants of this Lease for more than
ten (10) days after Lessee's receipt of written notice of such failure;
iii. If Lessor determines that Lessee has submitted any report required
to be furnished hereunder which Lessee actually knows to be
false;
iv. If Lessee shall do anything upon or in connection with the Premises
or the construction of any part thereof which directly or indirectly
interferes in any way with, or results in a work stoppage in
connection with, construction of any part of the facility or any other
tenant's space;
v If Lessee shall become bankrupt or insolvent or files or has filed
against it a petition in or for reorganization or arrangement or for
the appointment of a receiver or trustee of all or a portion of
Lessee's property, or if Lessee makes an assignment for the benefit
of creditors;
vi. If the Premises is sublet.
Lessee Initial Lessor Initial
R
16. Termil3gtign +or fa 1 : Lessor, in addition to all rights or remedies it may have,
shall have the right, thirty (30) days after written notice of default and a
reasonable opportunity to cure has been received by the Lessee, or at any time
thereafter to terminate this
Lease and shall have the right, either before or after any such termination, to
reenter and take possession of the Premises, remove all persons and property
from the Premises, and store such property at Lessee's expense, all without
notice except as required by paragraph 15 or resort to legal process and without
being deemed guilty of trespass or becoming liable for any loss or damage
occasioned thereby.
17. The following general terms are made a part of this
Lease:
a This Lease shall bind, and inure to the benefit of, the Parties and their
heirs, personal and legal representatives, and successors and assigns.
b. This Lease shall be interpreted by the laws of the State of Indiana and
any venue for any action related to this Lease shall be in the St. Joseph
County, Indiana Courts.
c Any Parties' failure to enforce any of its rights or remedies upon the other
Parties' breach of any of the covenants, terms or conditions of this Lease
shall not be deemed a waiver of those rights or remedies, nor shall its
failure bar or abridge any of its rights or remedies upon any subsequent
default.
Lessee Initial Lessor Initial
I
d. If any covenant, term or condition of this Lease is held invalid or
unenforceable by a court, the remaining covenants, terms or conditions
shall not be affected by such an occurrence. Each covenant, term and
condition of this Lease shall be given effect and enforced against the
breaching Party to the fullest extent permitted by law.
e. This Lease constitutes the entire Lease between the Parties and may not
be modified except in writing, signed by both Parties. Any prior
understanding or representation of any kind preceding the date of this
Lease shall not be binding on either Party except to the extent
incorporated in this Lease.
f. The undersigned persons executing and delivering this Lease on behalf of
each Party represent and certify that they are duly authorized with
authority to execute this Lease; that they have the full legal right, power
and authority to enter into this Lease and to grant the rights and perform
the obligations contained herein; that to the extent any third party consent
or approval is required to grant such rights or perform such obligations
hereunder; those third party consents or approvals will be obtained, but
each Party may rely on this Lease as a valid and binding obligation,
enforceable in accordance with its terms.
g. This Agreement may be executed in counterparts, each of which when
taken together shall constitute one and the same instrument.
Signature Page Follows
Lessee Initial Lessor Initial
IN WITNESS WHEREOF, this Lease is executed as of the day of December 2019.
LESSEE:
City of South Bend, Indiana
Board of Public Works
Gary A. Gilot, President
T�erese ember
I
E Lb t-
Elizabeth Maradik, Member
Member
Laura O'Sullivan, Member
ATTEST:
Lpnda Martin, dierk
South Bend Heritage Foundation, Inc.
803 Lincolnway West
South Bend, IN 46616
By:
Marco Mariani
Executive Director
Lessee Initial Lessor Initial
EXHIBIT A
Premises
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Charles ire Youths Center - Main Floor
Lessee Initial Lessor Initial
EXHBIT B
Initial Improvements -None
To be completed according to mutually agreed schedule and funding availability.
Lessee Initial Lessor Initial
12
Exhibit C
Common Areas
Parking lot, public sidewalks around building, Convention Hall, and interior
hallways and restrooms.
Lessee Initial Lessor Initial
13
Exhibit D
Administrative and Operational Policies / Procedures
KEYS and LOCKS: All keys and locks are under the strict control of the Lessor for
security reasons and the Lessor at Lessee's expense must handle all lock and key
changes. Lessor provides keys to Lessee at lease inception and the Lessor will charge
$15 per key for not returning any key.
BUILDING HOURS/COMMUNITY ROOMS: Use of community rooms must be
approved and scheduled with Lessor. A rental fee may be required.
JANITORIAL SERVICES: All Floor Area and other improvements, including vestibules,
entrances and returns, doors, fixtures, windows and plate glass shall be maintained in a
safe, neat and clean condition. All trash, refuse and waste materials shall be regularly
removed from the Premises so as not to constitute any health or fire hazard or nuisance
to any Occupant.
OVERNIGHT LODGING is not allowed by any person for any reason in any office or
any portion of the building(s).
Neither sidewalks nor walkways shall be used to display, store or place any
merchandise, equipment or devices without required City of South Bend approvals.
No medium, device, instrument or apparatus shall be utilized which can be heard or
experienced outside of the Floor Area, including, without limiting the generality of the
foregoing, flashing lights, searchlights, loud speakers, phonographs, organs, pianos,
radios or televisions.
No use shall be made of the Building or any portion or portions thereof which would (a)
violate any law, ordinance or regulations, (b) constitute a nuisance, (c) constitute an
extra hazardous use, or (d) violate, suspend or void any policy or policies of insurance
on any Building.
RESTROOMS: Lessee provides the restroom keys to your guests. There are NO
PUBLIQ REP.TRQQMS.
SIGNS. Lessor provides Lessee identification sign at the entrance. Lessor must
approve temporary signs prior to posting.
FIRE AND SAFETY HAZARDS: Evacuate the building immediately in the event of a
power failure. Do not have the following items in your suite: live Christmas trees,
gasoline or other flammables.
Lessee Initial Lessor Initial
14
DAMAGE AND CLEAN UP: Lessee must repair any damage and clean the premises
prior to lease termination. Lessor and Lessee will inspect the premises prior to lease
termination.
MOVING IN AND MOVING OUT: is a coordinated effort of the Lessee, Lessor and
movers and the Lessee is responsible for contacting the Lessor to schedule a date for
the move in and move out.
ASSIGNMENT: Lessee shall not, without Lessor's prior written consent in each case,
assign this Lease in whole or in part or sublet all or part of the Lease Premises; and any
such assignment or sublease shall not release Lessee from liability for any of its
obligations or duties under this Lease. In the event Lessor permits an assignment or
subletting of the Leased Premises, Lessee agrees that all amounts received by Lessee
in excess of the rental charged Lessee by Lessor shall be paid over to Lessor as such
amounts are received by Lessee.
LOSS AND DAMAGE TO LESSEE'S PROPERTY: Lessor shall not be liable for any
damage to property of Lessee or of others entrusted to Lessee or its employees, nor for
any loss or damage to any such property by theft or otherwise. Lessor shall not be
liable for any injury or damage to persons or property resulting from fire, explosion,
falling plaster, steam, gas, electricity, water, rain, snow, or leaks from any part of the
Leased Premises or from the pipes, appliances, or plumbing works, from the roof,
street, subsurface, or any other place, by dampness, or by any other cause.
Lessor shall not be liable for any such damage caused by other Lessees or persons in
the Leased Premises. All property of Lessee kept or stored on the Leased Premises
shall be so kept at Lessee's risk only, and Lessee shall hold Lessor harmless from any
claims arising out of damage to the same, including subrogation claims by Lessee's
insurance carriers, unless such damage shall be caused by the willful act of gross
neglect of Lessor.
DELIVERIES: The Lessee will handle all deliveries to the premises
PARKING: Parking is provided free of charge to Lessor and guests in building lot.
Lessor must approve in writing of overnight parking in the parking lot.
INSURANCE: on your contents is your decision. We highly recommend that you
purchase renter's insurance.
SMOKING: This is a non- smoking facility, no smoking in rest rooms or common areas.
BUILDING TEMPERATURE: N/A
CONFERENCE -COMMUNITY ROOMS: Available per open schedule and upon
request. A fee may be charged for the use of Community Room.
Lessee Initial Lessor Initial
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date December 3, 2019
e Department DCI
Name A.,lkeyna Aldri......d ......._............................._.......
BPW Date December 10, 2019 Phone Extension 5896
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.,;;_.�._,,,,,�._ ��Rigred Prior to Submittal to Board _w m _wwITm„ w
Legal ® Attorney Name Sandra Kennedy
Controller ® Controller review is required for all Contracts $5,000.00 or more anc
greater than one year in length per the City Purchasing Policy
Purchasing ❑
Check the
Agreement
❑ Professional Services
Bid Opening
Quote Opening
0 Change Order No.
El Ease/E croach,
RI Otherlo
L Contract
F Resolution
El Bid Award
El Quote Award
C/O & PCA No.
❑ Traffic Control
)r All Sul
Proposal
❑ Req. to Advertise
on .
❑ PCA
Addendum
❑ Title Sheet
Company or Vendor Name South Bend Heritage
Foundation
New Vendor Yes ® No [] If Yes, Approved by Purchasing
MBE/WBE Contractor ❑ MBE ❑ WBE
Project Name Charles Martin Center Lease
Project Number
Funding Source D........................weee..........................rw
CI Admin
Account No. 211-1001- -460.31-06 �.. m...
Amount (up to)_
Terms of Contract December 1, 2019- December 31 2022 (Commencement Date December
Le 2019
Purpose/Descriptionµ rovide s ace for" ��... —m...
Lease top p neighborhood -based AmeriCorps
Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verifv, Iran, etc.)
Amount of El Increase $
J Decrease $
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date November 5, 2019
Name Alkeyna Aldridge Department DCI
BPW Date November 12, 2019 Phone Extension 5896
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._..: .__.._..__ Required Prior to Submittal to Board
Legal ® Attorney Name Sandra Kennedy �........_ WW
Controller ® Controller review is required for all Contracts $5,000.00 or more anc
greater than one year in length per the City Purchasing Policy
Purchasing El
Check the
L] Agreement
Professional Services
Bid Opening
Quote Opening
Change Order No. _
El Ease/Encroach.
Other: Lease
L_.] Contract
❑ Resolution
❑ Bid Award
❑ Quote Award
❑ C/O & PCA No.
❑ Traffic Control
Company or Vendor Name South Bend Heritage
Foundation
Reo fired for All Sub
❑ Proposal
-L: -
0 Req. to Advertise
❑ PCA
New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing
MBE/WBE Contractor ❑ MBE ❑ WBE
Project Name Charles Martin Center Lease
w... m.,,..... a _ �................
Project Number
Previous Amount $
n Addendum
❑ Title Sheet