HomeMy WebLinkAboutApproving a Lease Between the Municipal City of South Bend & Fraternal Order of Police of South BendORDINANCE No. 4233
Passed by the Common Council of the City of South Bend,
JULY
City Clerk
F— L � ____Lresident oLCommon
Presented by me to the Mayor of the City of South Bend,
JULY 15
Approved and signed by me JULY 15,
'4007
j-
Clerk
JUL I 1 '58 PM
FILED
CITY OF SOUTH BEND
FREDA G. YD9lE. CLERK
APPROVED B11'
NO.
AN ORDINANCE APPROVING A LEASE BETWEEN THE
MUNICIPAL CITY OF SOUTH BEND AND THE FRATERNAL
ORDER OF POLICE OF SOUTH BEND FOR THE LEASING
OF THE FOLLOWING DESCRIBED REAL ESTATE:
Beginning on the east and west centerline, of Section 27,
Township 38 North, Range 2 East, a distance of 1430. 6
feet east of the west quarter corner of said Section 27;
thence North 445 feet; thence East parallel to and with
the said east and west centerline of said section a distance
of 723, 3 feet; thence South 445 feet to said centerline of
Section 27; thence West 723.3 feet to the place of beginning.
This tract is located in the Northwest quarter Section 27,
Towhship 38 North, Range 2 East, German Township,
St, Joseph County, Indiana, and contains 7. 36 acres more
or less.
BE IT ORDAINED by the Common Council of the Civil City of South Bend,
Indiana:
SECTION 1. That the lease executed on the 9th day of June, 1958, by and between
the Municipal City of South Bend and the Fraternal Order of Police of the City
of South Bend is hereby approved and confirmed and said lease reads as follows:
LEASE
THIS INDENTURE, made this 9th day of June, 1958, by and
between the MUNICIPAL CITY OF SOUTH BEND, of South Bend, St. Joseph
County, Indiana, hereinafter called Lessor, and the FRATERNAL ORDER OF
POLICE, of South Bend, St. Jos -,ph County, Indiana, hereinafter called
Lessee, W I T N E S S E T H:
That the Lessor does hereby lease, demise and let unto the Lessee
the following described real estate situated in St. Joseph County, State of
Indiana, to -wit:
Beginning on the east and west centerline of Section 27,
Township 38 North, Range 2 East, a distance of 1430. 6
feet east of the west quarter corner of said Section 27;
thence North 445 feet; thence East parallel to and with
the said east and west centerline of said section a distance
of 723, 3 feet; thence South 445 feet to said centerline of
Section 27; thence West 723. 3 feet to the place of beginning.
This tract is located in the Northwest quarter Section 27,
Township 38 North, Range 2 East, German Township,
St. Joseph County, Indiana, and contains 7.36 acres more
or less.
To have and to hold for the term of fifty (50) years beginning on the
9th day of June, 1958 and ending with the 8th day of June, 2008, under the
following terms and conditions:
UL 11 '58 PM
o
CITY DFI SQu ^I REND
N
pN; 9,:. G. ;1L otE, GLER
1. The Lessee hereby agrees to pay as rental for said premises
the sum of One ($1, 00) Dollar per year, payable on the first day of each year.
2. Lessee shall use said premises well and keep the same in good
condition and repair at all times and Lessor shall have the right at anytime
to enter upon and in any improvements which may hereafter be erected there-
upon by the Lessor, for the purpose of inspecting the same.
3, The Lessee shall not assign this lease, nor sub -let any portion
of the premises or any part thereof without the written consent of Lessor.
4. The Lessee may make reasonable improvements upon said
premises, it being expressly understood, however, that upon the termination
of this lease, any such improvements shall revert to the Lessor. The Lessor
shall not become obligated in any manner on account of or because of the
erection of any of the aforesaid improvements.
5. Should the Lessee in any way increase the hazards on the occupancy
of said premises, the Lessee shall pay the additional costs of insurance thereon.
6. The Lessee shall be obligated to and shall pay all charges made
against said leased premises for water, gas, or electricity during the period
of this lease as the same shall become due. Lessee shall be obligated to pay
in addition thereto any special assessments levied against said premises for
the connection to any pi;k6lic' utility.
7. At the expiration of the term of this lease, without notice re-
quiring it to so do, Lessee will deliver to said Lessor peaceable possession
of said premises.
8. If the Lessee shall neglect to perform or observe any of the
covenants herein contained, on his part to be observed and performed, for
ten (10) days after notice by the Lessor of such breach, then the Lessor
may lawfully enter into and upon the premises or any part thereof, and re-
possess the same and expel the Lessee and those claiming under and through
him, and upon entry as aforesaid, this lease shall terminate and wholly expire,
and the Lessee covenants that in case of such termination, it will indemnify the
Lessor against any damages.
9. It is further understood between the parties hereto that should
it be necessary for the Lessor to engage the services of an attorney for the
purpose of enforcing any of the covenants heran contained, the Lessee shall
be responsible for the payment of attorney fees so incurred.
IN WITNESS WHEREOF the parties hereto have caused these presents
to be executed on the day and year first above written.
MUNICIPAL. CITY OF SOUTH BEND
By Irving J. Smith
Frank J. Bruggner
R, $. Andrysiak
FRATERNAL ORDER OF POLICE.
By Rudolph A. Horvath
SECTION II: This ordinance shall be in full force and effect after its passage
by the Common Council, and its approval by the Mayor.
e h 2nd REAMS 71101
OWWME OF YNE VftjC
PUDLIG HEARING
SH READING
HOT APPRo3VEQ
REFC40 EO
PASSED
Member of the Common Council
JUL
F i L E
Cirf OF SLOTH BEND
FREUR G_ �,DBLE. CLERK