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Home My WebLink About#2439- Deed; GRANT OF EASEMENT Land Lease(,, )AR1T at= EAs--JgE-/Jr-- 9 ArlYlEf:lC4til FLEAL #Poc,,�F-P, American Electric Power PO. Box 60 Fcri4Vayne. IN 46W1-0060 July 6, 1999 Mr. Carl Litrel Engineering Department City of South Bend 1200 County -City Building South Bend, Indiana 46601-1830 RE: Indiana Michigan Power - Land Lease 2684 7,7-^-J , 7 AMERMAN" ELECTRIC POWER 1 ECEIVEO r JUL 0 8 1959 _ City of 5UU,.t 82nd C: Div. of : Enclosed is an original signed lease for your file. Let me know if you have any questions or problems. For clarification, American Electric Power is a "doing business as" name for Indiana Michigan Power. AMERICAN ELECTRIC POWER Connie Noe Land Management 219-425-2164 Enclosure AEI:- Ii iei,kaa Energy Partin) - PROPERTY LEASE Property: Sample Street Station (abandoned) Lease No: 2684 Deed No: T-1465 Plat No: 341 Tits AGREEMENT made this day of N , 1998, by and between Indiana Michigan Power Company, Lessor (hereinafter called the "Company") and City of South Bend, Lessee, 1200 County -City Building, South Bend, Indiana 46601-1830 Telephone (219) 235-9371. WITNESSETH: The Company, in consideration of rents and covenants herein contained and by said Lessee to be paid and performed, hereby leases to said Lessee the following described property for VEHICLE PARKING purposes. Said property bein .335 acre situated in Portage Township, St. Joseph County, Indiana,• being a part of Township 37 North, Range 2 East, Section 11 City of South Bend Indiana hereinafter called "Leased Property"): PROPERTY LEASED Is SHOWN AND DELINEATED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART OF THIS LEASE. 1. This Lease shall be for the term of one 1 year. commencing on the first da of November, 1998 and ending the last day of October, 1999 and ear -to -year thereafter unless canceled by either party as herein after provided. 2.. Rent: In lieu of cash consideration for this Lease, the Lessee hereby agrees to keep and maintain the property in a clean and neat condition, more specifically as follows: For and in consideration of Lessee faithfully performing and keeping the agreements, conditions, restrictions, and covenants contained in this lease. . Lessee acknowledges that the Company shall not be obligated to make any improvements whatsoever to the real estate or facilities thereon. NOTE: In all lease arrangements, the Lessee should not assume renewal is automatic. Lessee shall not assign this Lease, or sublet the property. 4. The Lessee shall not cut or permit to be cut, any growing and/or marketable timber on the leased property without the express written consent of the Company. 5. Lessee shall use and occupy the leased Property in a careful, safe, and lawful mariner; and shall keep said property in good order and condition. Lessee shall not allow junk equipment, machinery or vehicles, nor any construction debris, trash, timber, or litter of any type to accumulate on the property. All personal property placed on the leased property shall be at the sole risk of the Lessee. Lease 2684 - City of South Bend A repair to residential and other structures: Lessor is responsible for u,aJv1. .. pairs as Lessor deems necessary. Lessee is responsible for all other interior and exterior maintenance and repairs. 7. Lessee shall not construct any building, dwelling, or structure of a permanent nature on the leased property. No structure shall utilize a subsurface foundation. 9. Company, its employees, contractors or agents shall be allowed access to acreage, tract site, and company -owned buildings and structures on the leased property for the purpose of inspection at any reasonable time. 9. Excepts and Reserves: The Company hereby excepts and reserves the electric lines, poles, structures and equipment appurtenant thereto, upon, over, under, through or across the property, if any, and the right to enter upon said property, at any time, to operate, maintain and remove the same at will; and Lessor further excepts and reserves unto itself its employees and agents, the right to enter upon said property at any time and to erect thereon and operate, maintain, inspect, repair or remove a line or lines of towers, poles, wires, fixtures and appurtenances necessary for the purpose of transmitting electric or other power in, on along, over, through or across the property; together with the right to do anything necessary or convenient in connection with the rights herein excepted and reserved. There are also excepted and reserved unto the Lessor the oil, gas, coal, timber, and other minerals and natural resources in, on and under the property, together with the right to enter upon the property at any time for the purpose of drilling and surveying or doing anything necessary or useful to explore for or test or analyze the oil, gas, coal, other minerals, and natural resources, or for the sale and removal of the timber, or for doing anything necessary or useful in the conduct of the Lessor's business, together with the right, at any time, to drill for, mine and remove any such minerals and natural resources. This lease is hereby made subject to existing oil and gas leases; and also subject to all easements of record and such other easements or such other uses as an examination of the premises will reveal. 10. Indemnification: Lessee agrees to indemnify, hold harmless, and defend the Company from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage or expense of whatsoever kind or nature, including attorneys fees, which the Company may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss of use thereof, arising out of or in any manner connected with the exercise of the rights herein granted, or which Company may sustain or incur in connection with any litigation, investigation, or other expenditures incident thereto, including any suit instituted to enforce the obligation of this agreement of indemnity, due in whole or in part to any act, omission, or negligence of Lessee or any of its representatives or employees. In the event the injuries, including death or damages, are due to the sole negligence of the Company or its representatives or employees, then and only then the Lessee shall not be liable under the provisions of this paragraph. Lease 2684 - City of South Bend "Pit is understood and agreed that the Company shall have the right to enter upon the ��ased property at any time for any purpose, including that of drilling and surveyiPng or doing anything necessary or useful to explore for or test or analyze the oil, gas, coal, or other minerals and natural resources or for the sale and removal of the timber or for doing anything necessary or useful in the conduct of the Company's business; together with the right at any time to drill for, mine, and remove any such materials and natural resources without any liability to Lessee other than the obligation to compensate him/her for direct damage to his/her interest in crops grown or growing on the property during the term of this Lease. Company shall not be responsible or Viable for the quantity or quality of water on the property for domestic and/or agricultural purposes at any time during the Lease period. 12. Cancellation: Either Company or Lessee shall have the privilege of canceling this Lease upon giving thirty (30) days written notice to the other. Company may declare the leased property unavailable for further leasing at any time during the period of this lease, and Lessee agrees to vacate in an orderly and prompt manner. 13. Hunting/Recreational Activity: Tenant shall not permit to occur on the leased premises at any time any type of recreational activity (unless specifically stated in this lease) and/or hunting, trapping, or use of any firearms, bows and arrows, explosives and other tangible property which might inflict or cause either in whole or part any personal injury, property damages or death to any person, or animal at any time or times. 14. Other: lnsuran e: Lessee shall carry and maintain public liability insurance on `l b the Leased Property throughout the term of this lease with Company named as additional insured with terms and conditions satisfactory to Company and with limits of not less then One Million Dollars ($1,000,000.0) for personal injury or death arising out of any one occurrence and not less then Five Hundred Thousand ($500,000.00) for damage to property arising out of any one occurrence. Prior to the commencement of the term and within fifteen (15) days prior to the expiration of each policy, Lessee shall furnish Company with copies of the policy or a certificate evidencing that the insurance is in full force and effect and stating the terms of the insurance. 15_ Environmental Compliance: Lessee shall comply with all laws, rules, and regulations including environmental protection requirements issued by any Federal. State. or Local authority now in effect; and those which are promulgated and enacted into law during the term of this Lease which are applicable to Lessee's use of the leased property, including, without limiting the generality of the foregoing, reclamation requirements, the Water Pollution Prevention and Control Act (33 U.S.C.S 1251, et seq.), and the Comprehensive Environmental Response, Compensation and Liability act (42 U.S.C.S 9601, et seq.). Lessee shall not dump, discard, dispose of, or bury any trash, refuse, unwanted items, hazardous or chemical waste on the leased property. All trash, papers, waste, etc., shall be disposed of in compliance with local health or State health department rules and regulations. Failure to comply with the proper disposal of trash and waste will result in immediate cancellation of lease; and the further obligation of the Lessee to bear the cost and expense of cleaning up any improperly disposed of trash, waste, noxious material, refuse, etc. 16. Lessee's need to contact the Company as to property problems, damages, trespassing including Lessee's Notice of Intent to extend this Lease for an additional one year term should be directed to the following: Lease 2684 - City of South Bend 3 Agent: Connie Noel Land Management Company: American Electric Power Address: P.O. Box 60 Fort Wayne, Indiana 46801 Telephone: (219) 425-2164 Fax: (219) 425-2277 17. And said Company, for itself, its successors and assigns, hereby covenants and agrees with said Lessee, that said Lessee, paying the rent and keeping and performing the covenants of this contract shall peacefully and quietly hold, occupy, and enjoy the leased property during said term. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. LESSEE: CITY OF SOUTH BEND (Name- Print) COMPANY: INDIANA MICHIGAN POWER COMPANY Arank By: W. Smith Real Estate Supervisor (Title) This instrument prepared by the American Electric Power, Land Management Group for Indiana Michigan Power on its behalf_ h\intemal\landmgml\Icase\I2684.1wp APPROVED Board of Public Works it cP Lease 2684 - City of South Bend 4 AhP:Aiwricar l»ergy Partner