HomeMy WebLinkAboutApproving an Option to Renew a Lease City of South Bend & Albert MeilstrupORDINANCE No. 4294 -60
Passed by the Common Council of the City of South Bend,
January 11, 1960
Presented by me to the Mayor of the City of South Bend,
January 12, 1960
Clerk
of Common Council
Approved and signed by me January 12, 1960 193—
Clerk
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ORDINANCE NO, 4294 -69
AN ORDINANCE APPROVING AN OPTION TO RENEW
A LEASE BETWEEN THE MUNICIPAL CITY OF SOUTH
BEND AND ALBERT MEILSTRUP, d /b /a MEILSTRUP
CARTAGE COMPANY OF SOUTH BEND, INDIANA,
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BE IT ORDAINED by the Common Council of the Civil City of South Bend,
Indiana:
SECTION I. That the Municipal City of South Bend through its Board of
Public Works & Safety entered into a lease with Albert Meilstrup, d /b /a
Meilstrup Cartage Company of South Bend, Indiana, for two months beginning
on the 16th day of November, 1959 and ending on the 15th day of January,
1960; that the said lease provided for an option to renew said lease for an
additional term of one year; that on the 11th day of January, 1960, the Board
of Public Works & Safety on behalf of the Municipal City of South Bend exercised
this option; that the actions of the Municipal City of South Bend in exercising
this option in said lease for renewal of one year is hereby approved and con-
firmed and said lease with the rights of option therein reads as follows:
LEASE
THIS INDENTURE OF LEASE made and executed in dupli-
cate this 16 day of November, 1959, by and between ALBERT
MEILSTRUP, d /b /a Meilstrup Cartage Company of South Bend,
Indiana, 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, for the term of two (2) months
beginning on the 16th day of November, 1959, and ending on the
15th day of January, 1960, the use and enjoyment of all and sin-
gular the garage building attached to and a part of the premises
at 412 East Tutt Street, as well as the use of a portion of land on
the opposite side of said street owned by said Lessor, on which
the Lessee shall be permitted to park not more than eight (8)
vehicles, all in the City of South Bend, including all appurtenances
thereto, at a rental of Three Hundred ($300.00) Dollars per month,
as well as the payment of Two Hundred ($200. 00) Dollars for
utilities.
2. The Lessor agrees to keep and maintain the said de-
mised premises in a safe and habitable condition and repair, and
agrees to provide heat for said above demised premises, as well
as all other utilities.
3. The Lessee shall have and the Lessor hereby grants to
the Lessee the option and right to renew this lease on the same
terms and conditions herein contained except that there will be no
payment of utilities by Lessee to Lessor for an additional term of
one year on or before the 15th day of January, 1960, and further
grants to Lessee the option and right to renew this lease, should
the original option be executed, for an additional year on the 15th
day of January, 1961.
The Lessor further grants to Lessee the right to construct
a wall upon said premises at Lessee's expense and further grants
to Lessee the right to construct a paint locker and shelves on the
premises. It being 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.
4. Lessor further agrees that he will at his own expense
take all proper and reasonable care of the exterior and interiof of
said premises and keep the same in good repair and condition, and
Lessee agrees that at the expiration of this lease, if said option
or options are not exercised, to quietly yield up and surrender the
said premises to Lessor; that further Lessee will quietly deliver
up and surrender said premises to Lessor at the end of the term
created, by said options.
5. Lessor further grants to Lessee the right to make all
reasonable alterations, additions, or changes in or to said premises,
subject to the submission of plans for said alterations, additions,
or changes to the Lessor. The consent to said alterations, additions,
or changes shall not be unreasonably withheld by Lessor.
6. Lessee hereby further agrees th# at all times during the
continuation of this lease, it will keep said premises in a clean and
wholesome condition and comply with all legal requirements in
respect to same.
7. It is hereby mutually agreed that in the event said
premises are damaged or destroyed by fire or other causes so
as, to render same wholly unfit for occupancy and use thereof by
Lessee, then this lease shall terminate. If, however, only a
portion of said premises are rendered unfit, Lessee may remain
on the said portion thereof and the rent for the unfit :portion shall
abate, or the Lessee may declare this lease terminated.
IN WITNESS WHEREOF, the parties have hereto set their
hands and seals on the day and date first above written.
ALBERT MEILSTRUP, d /b /a Meilstrup
Cartage Company
Albert Meilstrup
Lessor
MUNICIPAL CITY OF SOUTH BEND
by its BOARD OF PUBLIC WORKS
AND SAFETY
Raymond A. Andrysiak
Anthony J. Sabo Frank J. Bruggner
Attest; Anthony J. Sabo, Clerk Irving J. Smith
SECTION II. That the option heretofore referred for renewal of this lease
for one year from the 15th day of January, 1960 to and including the 14th day
of January, 1961 be and the same is hereby approved.
SECTION III; This. ordinance shall be in full force and effect after its passage
by the common council and its approval by the Mayor.
/ Member of the Common •. ncil
Ist & 2nd READIM 111,160
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