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HomeMy WebLinkAbout5B4 Lease Agreement Temp. Parking (County Parking Lot) - Fully ExecutedSouth Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item DAT E : March 5th, 2026 FROM: Erin Michaels, Property Development Manager SUBJECT: Lease Agreement for Temporary Parking with St. Joseph County Board of Commissioners Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: Approval of the proposed Lease Agreement for Temporary Parking with St. Joseph County Board of Commissioners SPECIFICS: The Redevelopment Commission owns two surface parking lots in downtown located at the southeast corner of Wayne St & Lafayette Blvd and south of the Lafayette Building. These parking lots were historically used by the City for employee parking. Now that the City has relocated staff to City Hall these parking lots are no longer needed for employee parking. Representatives from the St. Joseph County Board of Commissioners and City staff have negotiated the proposed Lease Agreement for Temporary Parking for the County’s parking needs. The lease would be effective on March 12, 2026 if approved by the RDC and can be terminated at any time by either party with 90 days' notice to accommodate future development of the property. The County would pay $2,000/month in rent to the RDC, however in exchange for performing repairs to the property in the form of sealcoating, striping, the rent would be abated equal to the amount expended by the County with sufficient invoices provided for the City staff’s review. The County will also be required to maintain these parking lots and are responsible for snow and ice removal. This lease will allow these parking lots to be maintained and have an active use until such time as redevelopment opportunities are presented for the property. Staff recommends approval of this agreement. ______________ ___________Pres/V-Pres ATTEST: __________ ________Secretary Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION March 12, 2026  1 LEASE AGREEMENT FOR TEMPORARY PARKING This Lease Agreement For Temporary Parking (this "Agreement") is made on March 12, 2026 (the "Effective Date"), by and between the South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelopment (the "Commission"), and the St. Joseph County Board of Commissioners, a political subdivision of the state of Indiana with its registered office at 227 W. Jefferson South Bend IN 46601 (the "County") (each a "Party," and collectively, the "Parties"). RECITALS A.The Commission owns certain real property and improvements located within the River West Development Area of the City of South Bend, Indiana (the "City"), described more particularly in Exhibit A (the "Property"). B.The County desires to lease the Property for the purpose of parking passenger vehicles of the County's employees and tenants residing in and licensees and invitees visiting the building at 227 W. Jefferson South Bend IN 46601 owned and operated by the County as well as the buildings located in the County’s Court complex (collectively, the "County's Building"). C.The Commission is willing to permit the County to gain access to and lease the Property to provide parking spaces to the County's employees, tenants, licensees, and invitees, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the Parties agree as follows: I.Lease. The Commission grants to the County a temporary, non-exclusive lease to enter and use all parking spaces located on the Property (the "Parking Spaces") for the parking of passenger vehicles of the County's employees and tenants residing in the County's Building and licensees and invitees visiting the County's Building, provided that the County's use of the Property is reasonable at all times and comports with the terms of this Agreement and all applicable laws. The Commission, or its authorized representative, reserves the right to specifically designate the location and configuration of the Parking Spaces on the Property that are available for the County's use and may modify such location or configuration during the Term (as defined below) upon reasonable notice to the County. The County's license is limited to use of the Parking Spaces as stated above and a reasonable course of ingress to and egress from the Parking Spaces. 2.Term. The County's license to use the Parking Spaces shall be effective starting on March 12, 2026 and shall terminate upon revocation as set forth in this Agreement (the "Term"). Upon ninety (90) days' written notice to the County, the Commission or the Commission's authorized representative may revoke and terminate the license at any time for any reason, including, without limitation, to accommodate future development of the Property or the surrounding area, as determined in its, his, or her sole discretion. Notwithstanding the foregoing sentence, the Commission or the Commission's authorized representative may revoke and 2 terminate the license without notice in the event there exists any default of the County's obligations under this Agreement. 3.No Lease or Easement; Assignment. The Commission represents that it is the sole owner in fee simple of the Property and has the lawful right to permit the County to use the Property under this Agreement. The Parties acknowledge and intend that this Agreement will not constitute a lease of or an easement over the Property or the Parking Spaces, and the County will have no right or authority to convey any leasehold or other interest in the Property or the Parking Spaces to any other person or entity, provided, however, that the County may permit the employees and tenants of County's Building to use the Parking Spaces licensed to County hereunder and may charge the tenants a fee for such use. Except as expressly provided in this Agreement, any attempt by the County to grant or lease any interest in the Property or the Parking Spaces to any other person or entity will be void ab initio and of no force or effect. The Parties agree that neither this Agreement nor any of the County's rights under this Agreement may be assigned, in whole or in part, to any other party without the Commission's prior written consent. 4.Rent. In consideration for the license granted in this Agreement, the County will pay a monthly rent of Two Thousand Dollars ($2,000.00) (the "Rent"). The County will pay to the Commission the Rent on the first business day of each month during the Term of this Agreement. In addition, in exchange for the County performing repairs to the Property in the form of sealcoating, striping, and other parking lot maintenance tasks, the Commission agrees to abate the County’s payment of the Rent until the cumulative amount abated is equal to the amount expended by the County for the repairs under the terms of this Agreement. The County will provide the Commission staff verified invoices of all work performed before commencement of the abatement of the Rent. 5.Maintenance. At all times during the period of the lease, the County will keep the Property in good order and condition, including, without limitation, clearing all ice and snow from the Parking Spaces (as the same may be designated or configured from time to time pursuant to Section 1 of this Agreement) and any path of vehicular access to such Parking Spaces from the public rights-of-way abutting the Property, which will be the County's responsibility unless the City or the Commission undertakes to remove ice and snow from the entirety of the Property. The County, at its discretion, will perform all necessary repairs to the Property in the form of sealcoating, striping and other parking lot maintenance tasks excluding those tasks that would pertain to clearing of ice and snow from the Property and maintaining clear access to Parking Spaces and in exchange for those repairs the Rent will be abated per the terms of Section 4. 6.Security. The County understands and agrees that the Commission shall not be liable for any loss, damage, destruction, or theft of the County's property or any bodily harm or injury that may result from the County's use of the Property. The County understands and agrees that it will at all times be solely responsible for the safety and security of all persons, property, and vehicles, including any property contained within the vehicles, on the Property in connection with the County's use of the Parking Spaces under the terms of this Agreement. 7.Storage. The County agrees that it will not store any supplies, materials, goods, or personal property of any kind on the Property without the prior written consent of the Commission. In addition, the County will not cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted at the Property. 8. Regulations; Other Permits. The County understands and agrees that it will, at its 3 own expense, observe and comply with all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to its use of the Parking Spaces. The County understands and agrees that it will secure in its own name and at its own expense all other permits and authorizations, if any, necessary for its use of the Parking Spaces in accordance with the terms of this Agreement. 9.Commission's Use. The Commission reserves the right to use the Property during the Term of this Agreement for any purpose that does not substantially interfere with or obstruct the County's license under this Agreement. 10.Restoration. To the extent that any portion of the Property is disturbed or damaged in connection with the County's use of the Property, including disturbances or damage caused by the vehicles of the County's employees, tenants, licensees, or invitees, the County, at the County's sole expense, shall restore the Property to the condition that existed immediately prior to such disturbance or damage to the satisfaction of the Commission 11.Property Taxes. The County will be responsible, if applicable under Indiana law, for the payment of all real property taxes and assessments, of any nature whatsoever (the "Taxes"), levied against the portion of the Property containing the Parking Spaces for all periods during the term of the County's license. The Commission will have no liability for any Taxes associated with the Property, whether accruing during the term of the license or after the term of the license, and nothing in this Agreement will be construed to require the proration or other apportionment of Taxes resulting in the Commission's liability therefor. 12. Indemnification. The County agrees and undertakes to defend, indemnify, and hold harmless the City and the Commission, and their respective officials, employees, agents, successors, and assigns, from and against any liability, loss, costs, damages, or expenses, including attorneys' fees, which the City or the Commission may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising out of the license granted herein by the Commission or the County's use of the Property or the Parking Spaces unless due to the City or Commission’s negligence. If any action is brought against the City or the Commission, or their respective officials, employees, agents, successors, and assigns, in connection with the County's use of the Property, the County agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 13. Counterparts; Signatures. This Agreement may be separately executed in counterparts by the Commission and the County, and the same, when taken together, will be regarded as one original Agreement. Electronically transmitted signatures will be regarded as original signatures. 14. Authority. Each undersigned person signing on behalf of his or her respective Party certifies that he or she is duly authorized to bind his or her respective Party to the terms of this 15.Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. [Signature Page Follows] IN WITNESS WHEREOF, the Parties have executed this Lease Agreement For Temporary Parking to be effective as of the Effective Date stated above. SOUTH BEND REDEVELOPMENT COMMISSION Troy Warner, President ATTEST: Eli Wax, Secretary ST. JOSEPH COUNTY BOARD OF COMMISSIONERS c��4 5 Exhibit A Description of Property Parcel ID: 018-3008-0251 State Parcel ID: 71-08-12-160-001.000-026 Legal Description: Lots 281 & 282 & W 1/2 Vac Alley E & Adj O P South Bend Sec 12-37-2E 10/11 Vac Ord 9933-09 9-18-09 Commonly Known As: 18 VAC LOT COR LAFAY-WAYNE Parcel ID: 018-3009-0289 State Parcel ID: 71-08-12-151-004.000-026 Legal Description: 42 1/2' N Side Lot 394 Op South Bend Commonly Known As: 117 119 LAFAYETTE