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HomeMy WebLinkAboutApproving the Exercising of an Option of a Lease by City of South Bend & Drummey Cartage Co.ORDINANCE No. 4547 - - -63 Passed by the Common Council of the City of South Bend, Indiana Presented by me to the Mayor of the City of South Bend, JANUARY 29. __63 Clerk of Common Council Approved and signed by me JANUARY 29, zg 63 Clerk IDEAL PRESS ' V JAI C� es,v- ORDINANCE NO. AN ORDINANCE APPROVING THE EXERCISING OF AN OPTION OF A LEASE BY AND BETWEEN THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, AND THE DRUMMEY CARTAGE CO., INC. WHEREAS, heretofore on the 28th day of January, 1963, the City of South Bend, Indiana, by and through its Board of Public Works and Safety pursuant to a resolution duly adopted, made and entered into an option under a Lease Agreement with Drummey Cartage Co., Inc., and WHEREAS, said Board of Public Works and Safety pursuant to resolution duly adopted, executed said Lease, which said Lease is set out as follows, to!-wit: L E A S E THIS INDENTURE OF LEASE made and executed in duplicate counterparts, each of which shall constitute an original, this 20th day of June, 1962, by and between DRUMMEY CARTAGE CO., INC., an Indiana Corporation, hereinafter called Lessor, and the MUNICIPAL, CITY OF SOUTH BEND, a municipal corporation, hereinafter called Lessee, WITNESSETH. That: 1. Lessor hereby leases unto the Lessee, subject to and upon the terms hereinafter stated, on a month to month basis, begin - ing on the 15th day of June, 1962, the use and enjoyment of all and singular the garage building attached to a nd a part of the premises at 412 East Tutt Street, as well as the exclusive right to park vehicles on the paved area east of the frame dwelling situated imme- diately east of 412 East Tutt Street, all in the City of South Bend, Indiana, for a monthly rental of Three Hundred Twenty -five ($325. 00) Dollars per month, each month's rental to be payable in advance, commencing on the 15th day of June, 1962. Said month to month rental shall be terminated by either party on one month's written notice. 2. Lessor agrees to provide heat for said above demised premises as well as all other utilities at the Lessor's expense. 3. If this lease has not been terminated as above provided and is still in existence on January 1, 1963, the Lessee shall have and the Lessor hereby grants to the Lessee the option of two consecu- tive one -year terms from January 15, 1963 to January 14, 1964 and from January 15, 1964 to January 14, 1965 for a rental for each one -year term of Three Thousand Nine Hundred ($3, 900. 00) Dollars payable in equal monthly installments, each installment in advance, of Three Hundred Twenty -five ($325. 00) Dollars; all other terms of said lease to be as herein provided. The Lessee shall give the Lessor written notice of its intention to exercise said option not later than January 10, 1963 for the one year term to commence January 15, 1963 and not later than January 10, 1964 for the one year term to commence January 15, 1964. Written notices as provided herein shall be directed to the Lessor, in care of George F. Drummey, 2712 Martinez Drive, Burlingame, California and to the Lessee at the South Bend City Hall, South Bend, Indiana. 4. Lessee is hereby granted the right to construct a paint locker and shelves on the premises and it is understood by and between the parties that Lessee shall be permitted to remove said paint locker and shelves at the expiration of the tenancy herein created so long as said removal does not damage the premises herein leased. 5. Lessor further agrees to maintain the exterion and interior of said leased premises in a reasonable and customary manner and to keep the same in a good, safe and usable condition and state of repair at its expense; and Lessee agrees that upon the termination of this lease as provided herein, in the event that the options are not exer- cised, to quietly yield up and surrender the premises to Lessor, and in the event that the options are exercised, the Lessee will quietly deliver up and surrender the premises to the Lessor at the end of the terms created by said options. 6. No alterations, additions or changes in or to said leased premises shall be made without the consent of the Lessor, which -2- said consent to reasonable alterations, additions or changes in or to said premises shall not be unreasonably withheld by the Lessor and the Lessee shall submit plans for said alterations, additions or changes to the Lessor at the time request is made of the Lessor for its consent. 7. Lessee hereby further agrees that at all times during the continuation of this lease, and any extensions or renewals thereof, it will keep said premises in a clean and wholesome condition and will comply with all legal requirements, laws and ordinanees in respect to the same. 8. It is hereby mutually agreed by and between the parties that in the event that said premises are damaged or destroyed by fire or other causes so as to render the same wholly unfit for occupancy and use thereof by the Lessee, then this lease shall terminate upon written notice. If, however, only a portion of said premises are rendered unfit, Lessee may remain on the balance of said premises which are fit and usable and the rent for the unfit portion shall abate, or the Lessee may declare this lease terminated by written notice. IN WITNESS WHEREOF, parties hereto hereunto set their hands and seals the day and year first above written. DRUMMEY CARTAGE CO., INC., an Indiana Corporation BY: S/ George F. Drummey George F. Drummey, President ATTEST: S/ Mary E. Drummey Mary E. Drummey, Secretary -3- ATTEST: S/ Anthony Sabo Anthony Sabo Clerk of the Board of Public Works and Safety MUNICIPAL CITY OF SOUTH BEND by its Board of Public Works and Safety S/ Edwin L. Davies Edwin L. Davies S/ - Raymond Andrysiak S/ Irving J. Smith Irving J. Smith