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HomeMy WebLinkAboutApproving an Option to Renew a Lease between the City of South Bend & Albert Meilstrup, D/B/A Meilstrup Cartage Co 412 East Tutt StORDINANCE No. 4359 -61 Passed by the Common Council of the City of South Bend, 9 19 61 Presented by me to the Mayor of the City of South Bend, January 10 1961 Clerk of Common Council Approved and signed by me January 10 19 61 IDEAL PRE6E Clerk ORDINANCE NCL' '7 3�� 41 AN ORDINANCE APPROVING AN OPTION TO RENEW A LEASE BETWEEN THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, AND ALBERT MEIL^ STRUP, D /B /A MEILSTRUP CARTAGE COM- PANY OF SOUTH BEND FOR THE PREMISES COMMONLY KNOWN AS 412 EAST TUTT STREET AS WELL AS PORTION OF LAND ON THE OPPO- SITE SIDE OF THE STREET WHEREAS, the Common Council of the City of South Bend, Indiana In 1960 approved option to renew said lease for one year, and WHEREAS,' said lease contains an additional option to renew for the year 1961, and WHEREAS, said Board of Public Works and Safety pursuant to resolution duly adopted exercised said option and said lease including said option as set-out herein, to -wit: JAN) 7 1JO1 F REDA G. NOBLI? MY CLERK•SOUTHPK DD "� L E A S E THIS INDENTURE OF LEASE made and executed in duplicate this _/�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 singular 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 nf said street o, red b} said Lessor, on which the Lessee shall be permitted to park not more thaneight (8) vehicles, all in the Citv 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 demised 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 con- ditions herein contained except that there will be no payment d 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 addi- tional 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 fhat he will at his own expense take all proper and reasonable care of the exterior and interior 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 sub- mission of plans for said alterations, additions, or changes to the Lessor. The consent to said alterations, additions, or changes shall not be unreason- ably withheld by Lessor. 6. Lessee hereby further agrees that at all times during the continuation of this lease, it will keep said premises in a clean and whole- some 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. -2- IN WITNESS WHEREOF, the parties have hereto set their hands and seals on the day and date first above written. ALBERT MEILS`1'RUP, d /b /a Meilstrup Cartage Company i Lessor MUNICIPAL CITY OF SOUTH BEND by its BOARD OF PUBLIC WORKS AND SAFETY t `C, r "k J. Bruggiier Attest: A o Sabo, Clerk Raymond — S. And`r�ysiak Irving J. Sr�liith -3- and, WHEREAS, said agreement is now submitted to the Common Council of the City of South Bend, Indiana; for its approval of said option by ordinance; SECTION I* BE IT THEREFORE AND IT IS HEREBY ORDAINED by the Common Council of the City of South Bend, Indiana, that the option con- tained in the foregoing agreement by and between the City of South Bend, Indiana by and through its Board of Public Works and Safety and the said Albert Meil.strup, d /b /a Meil.strup- Cartage Company of South Bend, be and the same is hereby in all things ratified, confirmed and approved. SECTION 2. This Ordinance shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor,' UVa,.Izc:�G Member of the Common Council 5 Fditlli�G' y' r�