Loading...
HomeMy WebLinkAboutDetermining After Investigation Lease of Property 609 W. Indiana St. for use as Neighborhood Partnership Center is NecessaryAttest RESOLUTION NO. 2509 -97 Passed by the Common Council of the City of South Bend, September 8, — 97 Attest: Presented by me to the Mayor of the City of South Bend, Indiana September 9, ,� 97 Clerk of Common Council. City Clerk Approved and signed by me September 9, 19 97 _ Mayor RESOLUTION NO. `ZT RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 609 W. INDIANA STREET, SOUTH BEND, INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER IS NECESSARY WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on August 27, 1997, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 609 W. Indiana Street, South Bend, Indiana, as space for a Neighborhood Partnership center, by entering into a lease agreement with Paul M. Dillon and Phyllis M. Dillon for a term of one year with a one year option to renew exercisable by the City, with an annual rental not to exceed Five Thousand Four Hundred Dollars ($5,400.00) in the first year and Five Thousand Four Hundred Dollars ($5,400.00) in the option year if the option to renew for the second year is exercised by the City; and WHEREAS, the Board received on August 27, 1997, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signatories.of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1- 10 -7(2) requires, prior to the Board of Public Works entering into a lease agreement for said premises, that the Common Council determine that the premises are needed and that the lease amount is reasonable NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. That the Common Council is desirous of establishing a neighborhood center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3. That the property at 609 W. Indiana Street, South Bend, Indiana contains approximately two thousand five hundred ten (2,510) square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4. That on August 27, 1997, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 609 W. Indiana Street, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with Paul M. Dillon and Phyllis M. Dillon for a term of one (1) year with a one (1) year option to renew exercisable by the City, with an annual rental for said premises not to exceed Five Thousand Four Hundred Dollars ($5,400.00) in the first year, and Five Thousand Four Hundred Dollars ($5,400.00) in the option year if the option to renew for the second year is exercised by the City. 5. That on August 27, 1997, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend. 6. That on August 27, 1997, a proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein. 7. That having heard all speakers at the presentation and hearing on this Resolution on September 8, 1997, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussions, and consideration by individual Council members, the Common Council of the City of South hereby finds, pursuant to I.C. 36- 1- 10 -7(2), that the lease of property at 609 W. Indiana Street as a Neighborhood Partnership Center, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor, is needed and the rent is reasonable. 8. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED j� ' l7 NOT APPROVED ADOPTED y7 Member, South Bend CommoV Council 3 SEP - 3 1997 p LORV7A d. %i AJA Ci37; ;1.�.SdK,:26, RECEIV EO AUG ' 4 1997 LEASE OF REAL PROPERTY THIS INDENTURE WITNESSETH, that Paul M. Dillon and Phyllis M. Dillon, hereafter referred to as "Lessor" LEASE TO: The City of South Bend 205 W. Jefferson Blvd. Suite 416 South Bend, IN. 46601 Attn: Ms. Jennifer Mielke hereafter referred to as "Lessee ", for and in consideration of the covenants and agreements hereinafter mentioned, the portion of the premises delineated on the floor plan in Attachment A, attached hereto and incorporated herein in St. Joseph County, State of Indiana, known and commonly described as follows: 609 W Indiana South Bend, Indiana. To have and to hold for twelve (12) months, from November 1, 1997, to and including October 31, 1998, and the Lessee, in consideration of said demise, does covenant and agree with the Lessor as follows: 1. Use. The Lessee will Lease the premises for the following described purposes and for no other purposes whatsoever: The operation of a Neighborhood Partnership Center and uses related thereto. 2. Rent. The Lessee will pay as rent for the leased premises the sum of Four Hundred and Fifty Dollars ($450.00) per month, for a period of twelve (12) months; all payments due and payable on the first day of each month, for a total rent for the Lease term not to exceed Five Thousand, Four Hundred Dollars ($5,400.00), without notice or demand, each installment to be paid in advance upon the first day of each installment period to the Lessor or at such other place as the Lessor may from time to time designate in writing. 3. Option to Renew; Rent Increase. The Lessee shall have the option to renew this Lease for a period of one (1) year at the same rental rate, and shall give the Lessor (60Z_days' K/ notice prior to expiration of this Lease of the intention to exercise the option to renew. 1 4. Repairs. The Lessee has examined and knows the condition of the premises and has received the same in good order and repair, except as herein otherwise specified, and no representations as to the condition of repair thereof have been made by the Lessor or his representatives, prior to or at the execution of this Lease that are not herein expressed or endorsed hereon. The Lessee will keep the interior of the premises in good repair, and will keep the premises and appurtenances, and all other facilities in connection with the premises, in a clean and healthy condition during the term of this Lease at its own expense. Upon the termination of this Lease in any way, the Lessee will yield the premises to Lessor in good condition and repair (loss by fire and ordinary wear excepted) and will deliver the keys to the Lessor. The Lessor shall repair and maintain the structural portions of the premises, including, but not limited to, the basic plumbing, air conditioning, heating, and electrical systems installed unless such maintenance or repairs are.caused by the act, neglect, fault or omission of the Lessee. The Lessor agrees to pay for any of the costs incurred in making the necessary repairs to any of the areas listed in this paragraph unless such maintenance or repairs are caused by the act, neglect, fault or omission of the Lessee. 5. Damage to Premises. The Lessor shall. not-be liable for damage caused by hidden defects or failure to keep said premises in repair, and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, steam, or other pipes, or sewerage, or the bursting or leaking of plumbing or of any plumbing or heating fixtures or waste or soil pipe existing in connection with said premises, nor for damage occasioned by water. 6. Hold Harmless. The Lessor shall not be liable for any injury to the Lessee or any other person, occurring on the premises, irrespective of whether said injury is caused by a defect in the premises or by reasons of the premises becoming out of repair or arising from any other cause whatsoever, and the Lessor shall not be liable for damage to the Lessee's property or to property of any other person which may be located in or upon the premises and the Lessee agrees to indemnify and hold harmless the Lessor from any and all claims arising out of injuries to persons or property occurring on the premises. 2 7. Assignment and Subletting. The Lessee will not sublet the premises or any part thereof, nor assign this Lease or any part thereof without the prior written consent of the Lessor, and will not permit any transfer, by operation of law, of any interest in the premises acquired through this Lease. 8. Alterations. No alterations, changes or additions to the premises shall be made without first obtaining the written consent of the Lessor to make the same; provided, however, that such approval is not to be unreasonably withheld. In the event of any such remodeling, alterations or additions, the Lessee shall make the same at its own expense and shall promptly pay for all labor and materials involved in making the same. During the term of this Lease, the Lessee shall not remove or damage any fixtures in or upon the premises without the consent of the Lessor. 9. Access to Premises. The Lessee shall allow Lessor free access to the premises for the purpose of examining or exhibiting same and also to allow the Lessor to place upon said premises, within ninety (90/) days of.the termin tion of this Lease, "For Rent" it FOr 10. Utilities. The Lessee shall promptly pay all trash removal and telephone bills taxed, levied, or charged against the premises for and during the term of this Lease. The Lessee shall also promptly pay all water, sewerage, electric, power and heating bills taxed, levied, or charged against the premises for and during the term of this Lease. 11. Maintenance. The parties agree that the foundation, outer walls, awnings and roof of the premises shall be kept in good repair. The parties shall maintain the common areas in good repair and maintenance except that the Lessor shall not be required to make any such repairs occasioned by an act or negligence of the Lessee. The Lessee shall maintain the premises in a good, neat and clean condition. The Lessee is responsible for all snow removal from the sidewalks on the premises. The lessor shall maintain unleased portions of the premises in a good, neat and clean condition. The Lessor shall have the right to reasonable admittance to the premises for the purpose of providing routine or emergency maintenance or repairs as required by the terms of this Lease. 3 12. Reconstruction. If the premises are be so injured by fire, windstorm or other catastrophe so as to be rendered untenantable, and shall not be repaired by the Lessor and rendered tenantable within ninety (90) days thereafter, it shall be optional with either party hereto to terminate the Lease by written notice at the end of such ninety (90) days, in which case rent shall be paid at the agreed rate above provided up to the time of such fire, windstorm, or other catastrophe, but if in such case injuries are repaired and the premises rendered tenantable within ninety (90) days, the right to terminate the Lease for such cause shall not exist, provided however, that Lessee shall not be required to pay rent during such repair period except where such damage or destruction shall be caused by the carelessness, negligence or improper conduct of Lessee. 13. Holdover Tenancy. At the termination of this Lease, by lapse of time or otherwise, the Lessee will yield immediate possession to the Lessor, and failing to do so, will pay as liquidated damages for each day such possession is withheld, a sum equal to five times the per diem rental; but this paragraph shall not be held as waiver by the Lessor of any rights of re- entry as herein set forth. Provided, however, if Lessee remains in possession of the premises or any part thereof after the expiration of the term hereof, with the express written consent of the Lessor, such occupancy shall be a tenancy from month to month at a rental in the amount of the last monthly rental, plus all other charges payable hereunder, and upon al_1 the terms hereof applicable to a month to month tenancy. 14. Default. The occurrence of any one or -:more of the following events shall constitute a default and a breach of this Lease by Lessee. 14(a). The vacating or abandonment of the premises by the Lessee. 14(b). Failure by the Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by Lessor to Lessee. 14(c). Failure by the Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by the Lessee, other than described in paragraph 14(b) above, where such failure shall continue for a period of thirty (30) days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of Lessee's 4 default is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes that cure to completion. 15. Insurance. The Lessor shall provide fire insurance and extended coverage for the leased premises. The Lessee shall insure said premises for public liability and contents under the Lessee's program of self- insurance. 16. Compliance With Law. The Lessee shall not use the premises or permit anything to be done in or about the premises which will in any way conflict with any law, state statute, ordinance, governmental rule or regulation now in force or which may hereafter be enacted or promulgated. The Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force. The judgment of any court of competent jurisdiction or the admission of Lessee in any action against Lessee, whether Lessor be a party thereto or not, that Lessee has violated any law, state statute, ordinance or governmental rule, regulation, or requirement, shall be conclusive of that fact as between the Lessor and Lessee. 17. Property Taxes. Pursuant to I.C. 36- 1- 10 -18, the leased premises are exempt from all state, county, and other taxes. 18. Notice. All notices and demands which may or are to be required or permitted to be given by either party to the other hereunder shall be in writing. All notices and demands by the Lessor to the Lessee shall be sent by United States Mail, postage prepaid, to the following addresses: Lessor: Lessee: Paul M. Dillon Ph llysM. Dillon 117 LIAIWi,Uwood Drive South Bend, IN 46637 City of South Bend 205 West Jefferson Blvd. Suite 416 South Bend, IN 46601 Attn: Ms. Jennifer Mielke 5 i i 19. Appropriation. This Lease is subject to annual appropriation by the Common Council of the City of South Bend. /Lessor: Pzidl M.. 5.1 on Phyl , s M. Dillon Lessee: City of South Bend, by its Board of Public Works Carl Littrell James R. Caldwell M. Catherine Roemer 0 .ti ' AL LE AP!'RoX. 2R'X39� 1 6� # F6r. Fn SNOvJR60M OFFxE Ear OFFr4 13 2C 15 A ,� T 15'X 15"' ., PHL(Y. 52 NT 1400 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW RICHARD A. NUSSBAUM,II CITY ATTORNEY Mr. Roland Kelly President, South Bend Common Council Fourth Floor, County -City Building South Bend, Indiana 46601 Dear Mr. Kelly: PHONE 219/235 -9241 FAx 219/235 -9892 TDD 219/235 -5567 ANNE E. BRUNEEL CHIEF ASSISTANT CITY ATTORNEY August 28, 1997 Attached for filing with the South Bend Common Council, please find a Resolution finding the lease of property at 609 W. Indiana Street, South Bend, Indiana for use as a Neighborhood Partnership Center necessary. This lease is to commence on November 1, 1997. The lease is for a term of twelve months, with an option to renew for twelve months, and the annual rental shall not exceed Five Thousand, Four Hundred Dollars ($5,400.00). This property is currently being used as a Neighborhood Partnership Center. me. If you have any questions in this regard, please do not hesitate to contact Sincerely, �N� ✓�' ��yti` I I `v rte°+. -i Ann -Carol Simons cc: Jennifer Mielke Assistant City Attorney Kathleen Cekanski- Ferrand Enclosure ced \pship \rum \council.ltr THOMAS L. BODNAR ALADEAN M. DEROSE Fqo_�j in Clerk's offip .JLt LS„ ^rr4,i ' MICHELLE L. ENGEL JEFFREY M. JANKOWSKI ROBERT C. ROSENFELD ANN -CAROL SIMONS