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HomeMy WebLinkAboutApproving a Contract Between Joseph Scheininger and Board of Public WorksORDINANCE No °��� 2? Passed by the Common Council of the City of South Bend, Indiana, /'�cf� M Clerk. t of Common. Council. Presented by me to the Mayor of the City of South Bend, Indiana 19�. Approved and signed by me _ — —F_ —.. 1 If Clerk t% ORDINANCE N0, oC F 6 C7, An CrdinanCe approving a contract with Joseph Seheininger and the Board of Public works of the City of South Bend, Indiana. whereas, heretofore, on the I7th., day of June 1930, the City of South Bend by and through it's Board of Public works, entered into the attached contract with Joseph Scheinin6pr. And Whereas, said contract has been duly submitted to the Common Council for itts consideration and action thereon. Now, therefore, Be it ordained by the Common Council of the City of South Berri in St. Joseph County, Indiana: Section I. That the attached contract dated June 17th., 1930, made and entered into by and between the City of South Bend acting by and through the Board of Public works of said City, party of the second part, and Joseph Scheininger, party of the first part, be a8d the same is, hereby, approved and confirmed. Section II. That this Ordinance shall take effect and be in force from and after it's passage. ember of the Common u ouneiI L E A s E THIS INDENTURE, Made this day of 1930, between JOSEPH SOHRIEIWGER, party of the fi t part, and THE MUNIOIPAL OITX OF SOUTH BEND, by and through its Board of Public works, party of the second part, WITNESSETH That the party of the first part, for and in oonsidera- tion`of the covenants and agreements hereinafter mentioned, to be kept and patformed by the party of the second part, has de- raised and leased to the party of the second part, the premises in the Oity of South Bend, Oounty of St. Joseph and State of Indiana, known and described as follows: Lots,Numbered'four -(4)$ five (6) and six (0) in the Original Plat of the Town of Lowell, now a part of the City of South Bend,' e.xcoting,thsrefrom a lot or parcel of land sixteen (19) rode in length, taken off of and from the entire width of the east end of said Lots, also, Lots two (S), three'(3) and four (.4) , , as shown on . the retarded plat of Esther H. ,millet' 'Ae . sub. division of a part of Lots four (4), five'(5)`and six (B) in the Original Plat of the Town of Lowell, now a part of the Otty of South -Bend, to be occupied as a public parking place. TO HAVE AND To HOLD the same, unto the party of the second part from the let day of A. D. 1930, until: the nth day of A. D. 1933,. And the party of the.ssoond part, in consideration of .said devise, does covenant and agree with the party of the first part as. follows; FIRST., To pay as rent for said demised premises the sum of Fifteen Thousand Six Hundred Dollars (615,BOO.00) pay- able at the rate of Your Hundred Thirty -three and 33/100 Dollars ($433.33) per mouth, said payments to be made on the first day of July and the first day of January of each year during the life of said lease, as to any accrued and unpaid rent,_ pro- vided,, however, that any unpaid rent shall be due and payable as G �laG of 1933. 1�wty of the second part is hereby given . an option to lease said premises for a period of five IS) years from the said 36 day of 0 1933, at and for an annual rental of Six Thousand Dollars ($6,000,00), to be paid In semi - annual payments on the first day of July -aid the fix t.„ day of January of each year of such extension. as to any -ao= orued and unpaid rent, provided, however, that all unpaid rents shall be due and payable on the 3A.1- day of <41 1938. Said party of the second part shall serve written notice upon said first party of its election to exeraiso. said extension at least ninety (90) days before the end of the initial period heroin provided for. the same in its present condition; that during the term of this lease will clean the snow and ice from.the sidewalks in front: of said premises and upon the termination of this least, in any way, will yield up the premises to said party of the first part in good condition. THIRD, To pay (in addition to the rents above speci- tied) all water rents, gas or electric bills and street sprinkling assessments taxed, levied or charged on said demiso& premises, for and during the time for wlioh this lease is granted* TOTIRTIi* upon the termination of this lease to immediately remove any temporary improvements put on said pre- mises by said party of the second part, and said first party hereby consents to the construction on said premises any such temporary structure reasonably necessary to accommodate said promises to the purposes of a parking field. -2- SVOONn. That said party of the second part has examined and knows the condition of said premises and accepts the same in its present condition; that during the term of this lease will clean the snow and ice from.the sidewalks in front: of said premises and upon the termination of this least, in any way, will yield up the premises to said party of the first part in good condition. THIRD, To pay (in addition to the rents above speci- tied) all water rents, gas or electric bills and street sprinkling assessments taxed, levied or charged on said demiso& premises, for and during the time for wlioh this lease is granted* TOTIRTIi* upon the termination of this lease to immediately remove any temporary improvements put on said pre- mises by said party of the second part, and said first party hereby consents to the construction on said premises any such temporary structure reasonably necessary to accommodate said promises to the purposes of a parking field. -2- F'iFZ'fi. At the. termination of this lease, by lapse of time or otherwise, to yield up immediate possession to said party of the first part, and failing so to do, to pay as liqui- dated damages, for the whole time suoh.possession 1s withheld, the suss of per day; but the provisions of this clause shall not be hold as a waiver Oy said first party of any right of re -entry as hereinafter set forth; nor shall: the receipt of said rent or any part thereof, or any other act in apparent affirmanoe of tenanoy, operate as a waiver of the right to forfeit this lease and the term hereby granted for the period still unexpired, for any breach of any of the covenants herein. IT IS EXPRESSLY AGREED, between the parties hersto, that if default be made in the paymsnt of., the rent above re -. served or any part thereof, or in any of the.covenants and agreements herein contained, to be kept by the party of the second part, it shall be lawful for the party of the first part or the legal representatives of said party, at any time there- after, at the.eleotion of said first party, or the legal repre- sentatives thereof, without notice, to declare said term ended, and to re- enter said demised premise*, or any part thereof, 'either with or without process of law, and the said party of the second part or any person or persons occupying the same, to repel, remove and put out, using such force as may be necessary so to do, and the said premises again to repossess and enjoy, at this demise, without prejudice to any remedies which might otherwise be used for arrears or rent or preceding breach of covenants. IT IS FURTHER AGREED, by the parties hereto, that after the servioe of notice, or the commencement of a suit, or after =3- final judgment for possessioi may, receive and collect any i rent shall not waive or affe4 judgment. IT IS rMTM AOREE] this lease shall not become i been approved by proper ordil City of South Bend ,,,and untij appropriated by said Common t for the, payment of the annual WITNESS the hands a; day and year above written. r i of said premises, the first pasaty:. ,ant due and the paymant of said t said notice$ eald suit, or:said. I between the parties hereto that, 1feotive until the same shall have Lanese of the Common Counol of. the there :shall have been duly,; OoMctlL the amount of moz"T'; estaseary rental herein, provided..`: id seals of the parties hereto, the.