Loading...
HomeMy WebLinkAboutApproving Agreement City of South Bend, South Bend Community School Corp and to the Civic CenterORDINANCE No. 5879 -75 Passed by the Common Council of the City of South Bend, AUGUST 25 Presented by me to the Mayor of the City of South Bend, AUGUST 26 Approved and signed by IRENE K. GAMMON 75 Clerk of Common Council IRENE K. GAMMON Clerk /oT ORDINANCE NO. 5-8 '2 9- -2 AN ORDINANCE APPROVING THE FORM AND TERMS OF A LEASE AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND THE SOUTH BEND COMMUNITY SCHOOL CORPORATION AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO THE SOUTH BEND CIVIC CENTER. WHEREAS, the South Bend Civic Center Building Authority has been created under and in pursuance to the provisions of Public Law 220 of the Indiana General Assembly for the year 1975 and all acts amendatory thereof or supplemental thereto (hereinafter referred to as the "Authority ") for the purpose of financing, acquiring, constructing, equipping and leasing to the City of South Bend, Indiana (hereinafter referred to as the "City "), land referred to as the "Civic Center "); and WHEREAS, the City has requested the Authority to construct and equip facilities to be used as a civic center for cultural, governmental, educational, recreational, convention, exhibition, as well as civic purposes and has or intends to enter into a lease with the Authority for such purposes; and WHEREAS, the City and the South Bend Community School Corporation (hereinafter referred to as "School Corporation ") have submitted a Lease Agreement, marked "Exhibit A ", attached hereto and made a part hereof, wherein the City leases to the School Corporation a portion of the Civic Center for a term of Twenty -Five (25) years, beginning January 1, 1978 or as soon thereafter as that portion of the premises is ready for occupancy, for rental in the sum of One Million Two Hundred Fifty Thousand Dollars ($1,250,000.00) payable in advance in fifty (50) consecutive, equal installments of Twenty -Five Thousand Dollars ($25,000.00) each payable on the 10th day of January and 10th day of July of each year during the term of this Lease; and WHEREAS, notice of public hearing on the proposed Lease Agreement before this Common Council was duly given by the required legal publication of notice, and said hearing has been held in accordance with said notice and the governing statute. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana that: SECTION I. The form and terms of the Lease Agreement between the City of South Bend and the South Bend Community School Corporation, marked "Exhibit A" and attached hereto are 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. Member of t e Common Council 1st READING 75— FILED IN CLERK'S Offlor PUBLIC HEARING S- as --?5- 2nd READING 8 -,Q 5 -'2 5- AUG 6 1975 NOT APPROVED REFERRED PASSED 8 -12 S-'2 S Irene Gammon CITY CLERK, SOUTH BEND, IND. THORNsusio. MCGILL. DEAHL HARMAN. CAR(Y 0 MURRAY LEASE AGREEMENT AGREEMENT, entered into by and between the Civil City Of South Bend, Indiana,, hereinafter referred to as "Lessor ", and South Bend Community School Corporation, hereinafter referred to as "Lessee ", for and in consideration of their mutual promises, covenants and agreements hereinafter set forth and for other good and valuable consideration, the parties hereto agree as follows: 1. Lessor hereby leases to Lessee that portion of the South Bend Century Center located in South Bend, Indiana, described on the plans and specifications for said South Bend Century Center as follows: River Level E111 Lapidary /Ceramics Studio D147 Drama Classroom C103 Music Classroom with C104 and C105, and Recording Room C -M101 Upper Level E311 Painting and Drawing Classroom 2. The term of this lease shall begin on January 1, 1978, or on the day after that date upon which the aforesaid portion of the South Bend Century Center leased hereunder, hereinafter referred to as the "Premises ", is completed, ready for occupancy by Lessee and accepted by Lessee. Acceptance by Lessee shall not be unreasonably withheld. The term of this lease shall be twenty -five (25) years beginning on the aforesaid date. 3. The rental for the Premises shall be the sum of One Million Two Hundred Fifty Thousand Dollars ($1,250,000.00) payable in advance in fifty (50) consecutive, equal instalments of Twenty - five Thousand Dollars ($25,000.00) each payable on the 10th day of January and 10th day of July of each year during the term of this lease. 4. Lessor shall furnish, at its sole expense and cost, to the Premises during the term of this lease water, gas, heat, !air conditioning, janitorial and maintenance services and security .'1 4111 IIAi1MRN t. n111 �. M11l111A, guard services. It is intended that this lease be a "Net" lease to Lessee. Lessor shall during the term of this lease keep the. corridors, grounds, and common areas of Century Center maintained at its own expense and in a neat and tidy condition. 5. Students of Lessee may use the following facilities within South Bend Century Center on weekdays between the hours of 8:00 A.M. and 5:00 P.M., subject to coordination by Lessor with other authorized users of the following facilities, with no charges being assessed for such use during such hours: Theater, Recital Hall, Discovery Hall and Gallery. Use by Lessee, its students, employees and invitees, of the facilities described in this Para- graph 5 and other portions (than the leased Premises) of the South Bend Century Center shall be coordinated between Lessee, other authorized users and the Lessor. Lessee shall be given considera- tion and, once Lessee has reserved the facilities (or a portion thereof) described in this Paragraph 5, such facilities (or portion) so reserved shall not be preempted by or for other users. For hours on weekends and after 5:00 P.M. on weekdays, Lessee may use the facilities described in this Paragraph 5, assuming they are not otherwise rented, without additional rental being payable by Lessee. However, if Lessee charges an admission fee involving its use of such facilities, then Lessee shall pay a reasonable rental fee to Lessor therefor. Lessee agrees to comply with the rules and regulations for use of such space when it uses the same. 6. Lessee shall use the Premises for school purposes in conducting instructional programs and other matters related thereto in the fine arts. Lessee shall have full, exclusive control and decision - making power over the nature of the instructional pro- grams conducted in the Premises, the hours during which such programs are conducted and the,personnel who shall conduct such programs. Notwithstanding the foregoing, the Lessee shall have such control and decision - making power only over those portions of the Premises that it shall not have sublet, as hereinafter pro- vided. Any expenses incurred by Lessee in the conduct of Lessee's programs shall be borne by Lessee. -2- 111011 N1111 NIi M�Llll DL.111 NAIIMAN 1P(111 A MI11111AY 7. Lessor shall at its sole expense provide comprehensive insurance coverage over the South Bend Century Center, including the Premises, together with waiver of all right to subrogate by such carrier or carriers of any and all claims it may or might have against Lessee. Should the Premises be so injured or damaged by fire, windstorm or other catastrophe as to be rendered untenant- able, the rent otherwise due hereunder shall abate during the period the Premises are untenantable. Should the Lessor elect not to rebuild and make said Premises tenantable, then Lessee shall have the option to terminate this lease by written notice to Lessor effective on the 90th day after the date of mailing such notice. Lessor shall name Lessee and any sublessee of Lessee as additional parties insured on its general liability policy covering the South Bend Century Center. Lessee shall obtain at its sole expense insurance coverage for the contents of the Premises. Lessor shall have no responsibility for loss of any personal property of Lessee or of Lessee's subtenants or invitees of either or both of them in the Premises due to theft, mysterious disappearance, fire, wind- storm or other casualty unless any act or omission of Lessor, its employees or agents, shall have prevented Lessee from obtaining and maintaining insurance coverage at reasonable cost against such risks, and in such event Lessor shall have responsibility. 8. Lessee has and shall have during the term of this lease the right and poorer to sublet any part or all of the leased Premises, including but not by way of limitation the subletting of Rooms E111 and E311, to a community art center on terms and conditions acceptable to Lessee. In no event shall any of such subleases extend beyond the term of this lease. Such sublease or subleases shall be subject to all of the conditions and limita- tions of this lease and such sublessee(s) take notice thereof. 9. Lessee covenants that should it make default in its agreement to pay the rent above provided to be paid, or any part thereof, or in any of the other covenants and agreements herein -3- contained, it will at once deliver peaceable possession of said Premises to the Lessor and, failing to do so, it shall be lawful for the Lessor, its successors or assigns, without notice, to ',declare said term ended and to reenter said demised Premises, or any part thereof, either with or without process of law, and to expel, remove and put out the Lessee, or any person or persons occupying the same, using such force as may be necessary so to do, and to repossess and use said Premises as before this demise, without prejudice to any remedies which might otherwise be used 'for arrears of rent or preceding breach of covenants, and Lessee further covenants and agrees that Lessor shall have, at all times, the right to distrain for rent due, and shall have a lien upon all personal property of Lessee in the Premises, whether exempt by law ,:or not, as security for the payment of the rent herein covenanted !to be paid. Provided, however, that Lessee shall have a "grace :period" of 30 days within which to correct any default hereunder l after written notice specifying the default is served upon it by Lessor, and if Lessee shall fail to correct such specified default ;within said period, then Lessee shall be considered in default under this lease at the option of Lessor. Written notice shall be served by U.S. registered mail on the Superintendent of Schools at his office and be effective upon.mailing, postage prepaid. 10. After the service of notice, or the commencement of a suit, or after final judgment for possession of said Premises, Lessor may receive and collect any rent due and the payment of said ,rent shall not waive or affect said notice, said suit or said judgment. 11.. It is expressly agreed that no waiver nor apparent ;waiver, nor the failure of Lessor to require strict performance of any condition, covenant or agreement shall estop the Lessor from .enforcing such condition, covenant or agreement, nor any other condition, covenantor agreement shall at any time be implied. i [At the termination of this lease, by lapse of time or otherwise, I THORNtlU1tQ MCGILL. I UEAHL. HAh MAN. CAREY p MURRAY -4- THORNBURG. MCWLL, OEANE. HARMAN, CAREYA MURRAY ,Lessee will yield up immediate possession to Lessor. 12. It is also agreed that the Lessee shall pay and !discharge all reasonable costs, attorney's fees and expenses that shall be made and incurred by the Lessor in enforcing the covenants and agreements of this lease, including the agreement to deliver possession for any reason herein provided; conversely, the Lessor shall pay and discharge all reasonable costs, attorney's fees and expenses that shall be made and incurred by the Lessee in enforcing .the covenants and agreements of this lease incumbent upon the _Lessor to be performed. 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 1 .'at the time due shall bear interest at the rate of six per cent. (6%) per annum from date of delinquency. 14. It is also agreed that any property or equipment ,installed in the Premises by Lessee shall not become a fixture and the same may be removed by Lessee at any time, provided only that ;Lessee shall promptly repair at its expense any portion of the ',Premises damaged by such removal. 15• This lease shall be effective only in the event of the approval thereof of the Board of Tax Commissioners as required by IC 6- 1- 67 -5.5• 16. The parties to this lease agree that the covenants and agreements herein contained shall be binding upon, apply and inure to their respective successors and assigns. IN WITNESS WHEREOF, the undersigned set their hands and seals this day of , 1975. CIVIL CITY OF SOUTH BEND, INDIANA i By iAttest: I -5- Lessor ffammitut 1epart Xv the (IIantawn (Qounril of Or (pity of Ooutl? Ernk Your Committee of the Whole to whom was referred AN ORDINANCE APPROVING THE FORM AND TERMS OF A LEASE AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND THE SOUTH BEND COMMUNITY SCHOOL CORPORATION, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO THE SOUTH BEND CIVIC CENTER. Respectfully report that they have examined the matter and that in their opinion the Ordinance Should be recommended favorably to the Common Council. Odell Newburn Chairman FX.. ..... b ,YBLI9XING CO.