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HomeMy WebLinkAboutApproving a Lease Agreement City of South Bend Prairie CompanyORDINANCE N®. - 6448 -78 Passed by the Common Council of the City of South Bend, Indiana August 28 78 - rg eA"..'� Clerk IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by me August 29 0 of Common Council 1978 IRENE K. GAMMON Clerk ORDINANCE NO. 6 y J&. &_ AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE PRAIRIE COMPANY FOR 37,800 SQUARE FEET OF THE STUDEBAKER FOUNDRY BUILDING. STATEMENT OF PURPOSE AND INTENT: To approve the lease entered into between the City of South Bend through its Board of Public Works and the Prairie Company, a copy of which is attached hereto and made a part hereof, for use as a warehouse for the storage of South Bend City Street Department vehicles and supplies. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. The lease agreement attached hereto and made a part hereof between the City of South Bend through its Board of Public Works and the Prairie Company for the lease of 37,800 square feet of the Studebaker Foundry Building which lease was executed on the 23rd day of August, 1978, is hereby approved. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. AM eamA b r of the Common Council ® I signed only to providD a,). opportunity for public discussion and Council action on the issue. LEASE This Lease entered into between the CIVIL CITY OF SOUTH BEND, INDIANA, a municipality acting by and through its Board of Public Works and the Mayor, hereafter referred to as "Lessee ", and the PRAIRIE COMPANY hereafter referred to as "Lessor ", for and in consideration of the covenants and agreements hereinafter mentioned, whereby Lessor leases and demises to the Lessee the premises in St. Joseph County, State of Indiana, known and described as follows: A portion of the Studebaker Foundry Building, located at N.E. 1/4, Section 14, Portage Township, consisting of 37,800 square feet and located on the South side of the building with access off Cotter Street, South Bend, Indiana. To have and to hold the same unto the Lessee from August 1, 1978, to and including December 31, 1979, and the Lessee, in consi- deration of said demise, does covenant and agree with the Lessor as follows: 1. To pay as annual rent for said leased premises the sum of Twenty Thousand Seven Hundred Fifty -six Dollars ($20,756.00), payable as follows: twelve (12) equal payments of $2,063.00 begin- ning on January 1, 1979, and ending December 1, 1979. 2. That the Lessee has examined and knows the conditions of said premises and has received the same in good order and repair, except that the Lessor covenants to have prepared the premises for occupation as follows: 1. Pave area with one (1) inch of bituminous surface on third bay in from street for stock- piling of sand and salt. 2. Existing soil in driveway area shall be removed and new base compacted for approach. 3• Construct a driveway approach from Cotter Street to proposed new overhead door. Existing curb shall be removed and hauled away. The proposed new driveway shall be sixteen (16) feet wide. 4. Install one (1) fifteen (15) foot overhead door in same location of present twelve (12) foot overhead door with proper lock- ing provisions. 5. Make provisions for Pyf.PnHi,, ,,,_-4- between each bay with illumination beam directed toward the opposite wall. The lights shall be capable of illuminating the whole bay area. 8. Cover hole in West wall with fence fabric of proper quality to insure security of proposed area. 9. Make provisions for electrical service for future office area located at West side of overhead door. 10., Cut out all pipe and overhanging obstacles that would hinder the operation of dumping semi during normal procedures in the second bay South of the North boundary. 3. Lessee will exercise reasonable care and prudence in main- taining the interior and exterior of said premises in good repair; and upon the termination of this lease in any way,.will yield up said premises to Lessor in good condition and repair (loss by fire and ordinary wear excepted) and will deliver the keys to Lessor. 4. That Lessee shall not be liable for damage caused by hidden defects in the premises, and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, steam, or other pipes, or sewage, or the bursting or leaking of plumbing or of any plumbing or heating fixtures, or waste or soil pipe in connection with normal and reasonable use of said premises, nor for any damages arising from the negligence of co- tenants or other occupants of the same building, or the agent, employees, or servants of any of them, or of any owners or occupants of adjacent or contig- uous property. 5. That the Lessee will not sublet the same or any part there- of, nor assign this Lease or any part thereof without, in each case the written consent of the Lessor first had and obtained, and will not permit any transfer, by operation of law, of any interest in said premises to be used for any unlawful purpose. 6. That no alterations, changes or additions in said leased premises shall be made without first submitting written plans and specifications for the same to the Lessor and obtaining his written consent to make the same. 7. To allow Lessor free access to the premises for the purpose of examining or exhibiting the same upon forty -eight (48) hours notice to Lessee and also to allow the Lessor to place upon said premises, at any time, "For Sale" signs, and within ninety (90) days of the termination of this Lease "For Rent" signs. 8. Lessor shall properly pay general property taxes that may be assessed, levied by any lawful authority against said premises. 9. Lessee shall promptly pay in addition to the rents above specified, all water, sewage, and gas bills taxed, levied or charged against the leased premises for and during the term of this Lease. Lessor shall promptly pay all costs for electricity. 10. Lessee covenants that should hP mauA 12. It is also agreed that the Lessor shall pay all reasonable costs, attorney's fees and expenses that nahallcberge made and incurred by the Lessee in enforcing the covenants and agreements of this Lease; and all the parties to this Lease agree that the covenants and agreements herein contained shall be binding upon, apply and inure to their respective heirs, executors, admin- istrators, successors and assigns, and the terms "Lessor" and Lessee shall embrace all of the parties hereto irrespective of number or gender. 13. It is agreed that all payments herein provided to be made shall be made without relief from valuation or appraisement laws, and all payments required to be made which shall -not be made at the time due shall bear interest at the rate of eight percent per annum from date of delinquency. 14 The provisions of this Lease agreement which are form- able in 1979 shall be subject to the Lessee receiving adequate funding from the South Bend Common Council for the payment of rent pursuant to this Lease agreement. In the event that the Common Council does not provide the Lessee with sufficient funding for the performance of this agreement, the Lessor hereby agrees and.acknowl- edge that the Lessee is not obligated to make any rental payments under this Lease agreement. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA PRAIRIE COMPANY Dated: Dated: SOUTH BEND PUBLIC UTILITIES 224 North Main Street John F. Stancati Director of Utilities MEMORANDUM: FROM: TO: SUBJECT: CITY of PETER J SOUTH BEND NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 (219) 284 -9322 August 23, 1978 John F. Stancati, Director of Utilities MEMBERS OF THE COMMON COUNCIL Ordinance for the lease of a "building to be used by the Street Department The Bureau of Streets is presenting an Ordinance to the Common Council which was approved by the Board of Public Works on August 7, 1978 for the lease of 37,800 square feet located in the old Studebaker Foundry Building with access off Cotter St., South Bend, Indiana. been ?net. All covenants of the lease prior to occupation have The total amount of the lease commencing payments as of January 1, 1979 and ending December 1, 1979 is $20,756. John F. Stancati Director of Utilities Enclosure