Loading...
HomeMy WebLinkAboutApproving the Lease of City Property to Intermodal Services Co IncORDINANCE No- 6305 -78 Passed by the Common Council of the City of South Bend, Indiana_ Attest: January 23 Yo 78 City Clerk IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Janu ident of Common Council 24 19 78 City Clerk IRENE K. GAMMON Approved and signed by me- m►!!44 a 44 Ig ? ORDINANCE NO. 6 96v ; - 7? AN ORDINANCE APPROVING THE LEASE OF CITY PROPERTY TO INTERMODAL SERVICE CO., INC. STATEMENT OF PURPOSE AND INTENT The City of South Bend owns certain real property which is described in the Lease attached hereto which it desires to lease to Intermodal Service Co., Inc. This property is under the con- trol of the Bureau of Water of the City of South Bend. However, the leasing of the property to Intermodal Service Co., Inc. will not interfere with the Bureau of Water's operation on this site. Intermodal Service Co., Inc. has leased this property in the past. Their lease with the City has recently terminated and a new lease has been negotiated by the Bureau of Water of the City of South Bend and Intermodal Service Co., Inc. This Lease was submitted to the Board of Water Works Commis- sioners on December 19, 1977, and approved on that date by the Board of Water Works Commissioners. Therefore, in order to comply with Section 14.5 -3 of the Municipal Code of the City of South Bend, this Lease is being sub- mitted to the Common Council for approval. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. The Lease between the City of South Bend and Intermodal Service Co., Inc., attached hereto made a part hereof and marked Exhibit "A" is hereby approved. SECTION II. This Lease shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor. L� i'a ember of the Common Council I signed on t0 ?�' �T. Ca ^ g- 1 - 1�� "J3 01 and Council u;,-cion on tits issue.: FILED IN CLERK'S OFFICE Irene Gammon !CITY CLERK, SOUTH BEND, IND., NO— QII APPROVED REFERRED PASSE, t -a 3 --J, t EXHIBIT "A" LEASE OF CITY PROPERTY This lease made this 19vk day of 19�, 0 by and between the City of South Bend, Lessor, a municipal corpora- t aion in the County of St. Joseph and State of Indiana, and Intermodal Service Company, Inc., Lessee; WITNESSETH: Whereas, the Lessor is the owner of a parcel of real estate located in St. Joseph County, Indiana described as being northeast of the intersection of the Penn Central Railroad right= -of -way and Chippewa Avenue. Said land is adjacent to the railroad right -of -way and is used by the Bureau of Water of the City of South Bend to produce water from wells located on the site. Whereas, the Lessee is desirous of leasing from the Lessor and the Lessor is desirous of leasing said property for use as a staging area. Whereas,' the said property is presently not being used by the City with the exception that it is property under which the Lessor has wells. NOW, THEREFORE, in consideration of the covenants and agreements herein mentioned and the mutual promises made by the parties to this indenture, It is hereby agreed as follows: 1. That upon payment of the rent as hereinafter set forth, the Lessor hereby leases to the Lessee for the purposes hereinafter stated, a portion of the above described real estate, described as follows: One acre of land more or less adjacent to the Penn- Central right -of -way lines, beginning 200 feet north of the north right -of -way line of Chippewa Avenue; thence east, parallel to the north right -of -way of Chippewa Avenue for 226 feet; thence northerly parallel to the east right -of -way line of the Penn - Central railroad tracks for 200 feet; then West, parallel to the north right -of -way line of Chippewa Avenue for 226 feet; then southerly along the east right - of -way line of the Penn - Central railroad tracks for 200 feet to the place of beginning. 2. The term of the lease shall be for five (5) years, commencing on the day of X'14� 7 , , 19 3. The Lessee on behalf of itself, its successors and assigns, hereby agrees to pay as and for the rent of the parcel of real estate described in Paragraph 1 above, One Hundred Forty ($140.00) Dollars per month for the first two (2) years of this lease, One Hundred Forty -eight ($148.00) Dollars per month for the third year of this lease, One Hundred Fifty -seven ($157.00) Dollars per month for the fourth year of this lease and One Hundred Sixty -six ($166.00) Dollars per month for the fifth year of this lease, with the first monthly payment of this contract due on the date this lease is signed and every monthly date thereafter for the term of this lease. 4. It is agreed that the Lessee may lease and occupy an addi- tional parcel of real estate adjacent to the real estate described in Paragraph 1 which parcel is described as follows: One acre of land more or less adjacent to the Penn - Central right -of -way lines, beginning 375 feet north of the north right -of -way line of Chippewa Avenue; thence east, parallel to the north right -of -way of Chippewa Avenue for 226 feet; thence northerly, parallel to the east right -of -way line of the Penn - Central railroad tracks for 200 feet; thence West, parallel to the north right -of -way line of Chippewa Avenue for 226 feet; then southerly along the east right -of -way line of the Penn - Central railroad tracks for 200 feet to the place of beginning. The Lessee may lease this property on the same terms and conditions as specified in this lease for the real estate described in Paragraph 1 and at the same monthly rate that the Lessee is paying for the real estate described in Paragraph 1 upon providing the Lessor with written notice of their intent to lease and occupy this real estate and upon payment in advance of the monthly rate with subsequent monthly rental payments made each month on that date thereafter. 5. The Lessee agrees to use. and occupy the property as a staging area and for no other purpose. The City of South Bend reserves for itself all air rights, and underground rights below the surface, as well as the right to use the driveway that runs through the leased acre between wells #1B and # 2B. - 2 - 6. It is understood that the Lessee is limited to storing no more than 125 vehicles on said property at any one time, and no more than an average of 100 vehicles per day for any one monthly period. 7. Lessee hereby grants to the Lessor, its agents or employees, the right and permission to enter upon said premises for purposes of inspection relative to the use of the property as a parking lot and for all purposes necessary to the effective operation of Water Works. 8. No addition or improvement shall be made in or on the pre- mises without prior written approval of the Lessor or as otherwise stated herein. It is hereby understood that all improvements made on the p remises upon termination of this lease shall become the property of the Lessor. 9. Lessee shall not assign, transfer, sublease, pledge, surrender or otherwise encumber or dispose of this lease or any estate created by this lease, or any interest in any portion of the same, or permit any other person or persons, to occupy the premises. 10. This agreement is made upon the express condition that the Lessor shall be free from all liabilities and claims for damages and /or suits for or by reason of any injury or injuries to any person or persons or property of any kind whatsoever, whether the person or property of Lessee, its agents or employees, or third persons, from any cause or causes whatsoever while in or upon said premises or any part thereof during the term of this agreement or occasioned by an occupancy or use of said premises or any activity carried on by Lessee in connection therewith, and Lessee hereby covenants and agrees to indemnify and save harmless the Lessor for all liabilities, charges, expenses (including counsel fees) and costs on account of or by reason of any such injuries, liabilities, claims, suits or losses however occuring or damages growing out of same. 11. It is agreed that if it should become necessary for the Lessor to enter into or onto the premises and thereby causing any damage to any improvements made by Lessee, Lessor agrees to restore or repair any damage during the term of the lease caused by Lessor, its agents or employees. - 3 - 12. If Lessee shall fail to comply with any of the terms or conditions of this lease, become insolvent, or shall make any assignment for benefit of creditors, then or at anytime thereafter the Lessor may at its option enter the premises and take and retain possession thereof. 13. It is further expressly understood that the Lessor shall have the option, at any time during the term of this lease, to ter- minate this lease upon giving sixty (60) days written notice of such to any officer or authorized agent of Lessee. IN WITNESS WHEREOF the parties have signed this lease the day and year first above written. ATTEST BY: - / J Secretary ' LESSEE: Intermodal Service, Co., Inc. By: d 1 , ` 1 x, �_ Pre int LESSOR: Board of Water Works Commissioners Bureau of Water - 4 TommUttr Irpor# On tot Tommon Touncil of tot Tiij of ftra4 Erns: Your Committee of the Whole to whom was referred A bill approving the lease of city property to Intermodal Service Co., Inc. Respectfully report that they have examined the matter and that in their opinion this bill should be recommended to the Council favorable. Frank Horvath Chairman FREE PRESS PUBLISHING CO.