HomeMy WebLinkAboutApproving a Lease Agreement between the Board of Public Works and Edmarde's Inc. DBA Senor Kelly's RESOLUTION
NO. 999-82
Passed by the Common Council of the City of South Bend, Indiana.
October 11 , 19 82
Attest. /( `""�°-`.� City Clerk
i1(-49
Attes ■ President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 12, 1982
42 `�' !/t- H-“-,tip City Clerk
Approved and signed by me 0 CS' -e c> / L Ig cf1L
i /
It Mayor
RESOLUTION NO. (NI -gA
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND APPROVING A LEASE AGREEMENT BETWEEN THE
BOARD OF PUBLIC WORKS AND EDMARDE' S , INC. , D/B/A SENOR
KELLY' S , FOR LEASE OF A PORTION OF ALLEN' S ALLEY.
WHEREAS , the Board of Public Works , at its meeting held
on August 9, 1982 , determined that the following parcel of city-
owned real estate was not necessary to the public use :
That portion of a 14-foot landscaped alley closed to
vehicular traffic , officially referred to as Columbus
Court and more commonly known as Allen' s Alley, which
extends east from Woodward Court to Michigan Street
and which is bounded on the north by Colfax Avenue and
on the south by Washington Street .
WHEREAS , the Board of Public Works believes that it is in
the best interests of the City of South Bend that the above public
right-of-way be leased and has , therefore , given notice pursuant to
I . C . 5-3-1 and has conducted a public hearing on the desirability of
offering a portion of Allen ' s Alley for lease ; and
WHEREAS , subsequent to the public hearing which was held on
August 9 , 1982 , arrangements were completed for appraisals of the
property and a bid date of August 30, 1982 , was established for the
receipt of sealed bids for its lease; and
WHEREAS , Edmarde ' s , Inc . , d/b/a Senor Kelly' s , submitted
the sole bid for lease of the property in the amount of the city' s
offering price of $1 , 550. 00 annually and , on September 13 , 1982 ,
accepted the bid of Edmarde ' s , Inc . in accordance with the specifi-
cations for lease of the property in addition to the incorporation
of two consecutive options to renew at the same rental per year ,
the first option to be for three years and the second option for
five years ; and
WHEREAS , the Board of Public Works and Edmarde ' s Inc. have
entered into a Lease Agreement for lease of the subject property in
accordance with the bid awarded on September. 13 , 1982 , subject to
approval by the Common Council as required by state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS :
SECTION 1 . That the Lease Agreement dated October 4, 1982 ,
between the Board of Public Works and Edmarde ' s , Inc . , d/b/a Senor
Kelly' s , for lease of the aforementioned portion of Allen' s Alley
is hereby approved and confirmed, said Lease Agreement being
attached hereto .
SECTION 2 . That this Resolution shall be in full force and
effect from and after its passage by the Common Council and approval
by the Mayor.
em.er o the Common— M bi
PRESENTED /0 -- // -fix FILED DI CLERK'S OFFICE
NOT APPROVED
ADOPTED ♦ 0 -//- fl) OCT 6 1982
Irene Gammon
CITY CLERIC,SOUTH BEND,IND.
LEASE AGREEMENT
BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND
EDMARDE' S, INC . d/b/a SENOR KELLY' S
THIS AGREEMENT is made and entered into by and between the
Board of Public Works of the City of South Bend , Indiana, a municipal
corporation duly organized and existing pursuant to the laws of the
State of Indiana, (hereinafter referred to as "Lessor") and
Edmarde ' s, Inc. , d/b/a Senor Kelly' s , a corporation duly organized
and existing pursuant to the laws of the State of Indiana, (herein-
after referrerd to as "Lessee") .
W I T N E S S E T H:
For and in consideration of the covenants and agreements
hereafter stated , the Lessor hereby leases to Lessee and Lessee
hereby leases from Lessor the following described real estate located
in the City of South Bend, St. Joseph County, State of Indiana :
Beginning at a point on the Southwest corner of Lot 15 ,
O.P. South Bend ; thence in an Easterly direction along a
line 61 . 5 feet South of and parallel to the North line of
said Lot 15 for a distance of 110 feet to a point on the
South line of said Lot 15 ; thence Southerly along a line
parallel to the East line of said Lot 15 a distance of 17 . 5
feet; thence Westerly along a line parallel to the South
line of said Lot 15 for a distance of 110 feet ; thence
Northerly along a line (which is the Westerly line of said
Lot 15 extended South) for a distance of 17 .5 feet to the
place of beginning, being a part of a parcel of land
commonly known as Allen' s Alley , containing 1 , 925 square
feet more or less , situated in St. Joseph County, Indiana.
1 . The initial lease period shall be for a term of
approximately twenty-one (21) months (hereinafter referred to as
"initial term") beginning on the day of October, 1982 , and
expiring on the last day of June, 1984. In the event Lessee pays the
rentals applicable to the initial term of the lease in accordance
with the terms and conditions herein, Lessee shall have the option to
extend for an additional term of three (3) years (hereinafter
referred to as "first renewal term") beginning on the first day of
July, 1984, and expiring on the last day of June , 1987. In the event
Lessee pays the rentals applicable to both the initial teen of this
Lease and the first renewal term of this Lease in accordance with
the terms herein, Lessee shall have the option to renew and extend
for an additional five (5) years (hereinafter referred to as "second
renewal term") beginning on the first day of July, 1987, and expiring
on the last day of June, 1992 . In order for Lessee to exercise its
first and second option it shall give written notice to Lessor no
less than 30 days prior to the end of the initial term of the Lease
and prior to the end of the first renewal term .
2 . Lessee hereby agrees to pay to Lessor an annual rental
of One Thousand Five Hundred Fifty ($1 , 550.00) Dollars payable
semi-annually and in advance during the initial term and during both
renewal terms of this lease should Lessee exercise its option to
renew. All rentals due from Lessee to Lessor hereunder shall be paid
to Lessor to the attention of the Controller of the City of South
Bend , Indiana, 1400 County-City Building , 227 West Jefferson
Boulevard , South Bend , Indiana 46601 , or at such other place as the
Controller of the City of South Bend , Indiana, hereinafter may
designate for such purpose.
3 . Lessee hereby represents that the leased premises will
be used as an outdoor dining area in conjunction with the restaurant
known as Senor Kelly' s , and for no other purpose.
4. Lessee may enclose the leased premises with opaque
fencing at Lessee' s expense, provided that the height and style of
fencing is approved by the City of South Bend through its Board of
Public Works prior to installation. Should Lessee fence said
property , all fencing must be removed by Lessee and the property
returned to its original condition, normal wear and tear excepted , at
the end of the lease term.
5 . Lessee agrees that it shall keep the entire eastern
half of the property known as Allen' s Alley, from the north-south
alley to Michigan Street, free from litter, debris , and weeds and
shall provide snow removal for said area during the winter months so
that public access is available at all times from the north-south
alley to Michigan Street.
6 . Lessee agrees that no plantings or trees in the leased
area may be removed or relocated and that no changes or alterations
other than those stated herein may be made in the leased area
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without prior approval of the Board of Public Works of the City of
South Bend . Lessee agrees to water all plants and trees in the
leased area as necessary, and shall provide access to the City Park
Department, on request, for care and maintenance of trees and
plantings within the leased area.
7 . Lessee may not sublet any part of the leased premises
nor may this lease be assigned in whole or in part.
8. Lessee agrees to defend , indemnify and hold harmless
the City of South Bend and its employees from any and all claims of
any nature which may arise from its use of the leased premises.
Lessee further agrees to obtain liability insurance in the amount of
Three Hundred Thousand ($300, 000. 00) Dollars for injury or death to
one person in any occurrence and Five Million ($5 , 000, 000.00) Dollars
for injury or death to all persons in that occurrence, naming the
City of South Bend as co-insured on such policy. Lessee further
agrees to bear financial responsibility for any and all property
damage to the leased premises .
9 . Lessee agrees that the leased property shall not be
used in violation of any State law or City ordinance.
10. Lessee shall pay all reasonable costs , attorney' s fees ,
and expenses incurred by the Lessor in enforcing the covenants and
agreements of this Lease.
11. This Lease may be terminated upon 90 days written
notice by either party. Any notices to be delivered by Lessee to
Lessor with respect to this Lease shall be delivered for all purposes
if delivered personally or by certified mail to the President of the
Board of Public Works, City of South Bend , 1300 County-City Building ,
South Bend , Indiana 46601 , or to such other address as Lessor herein
may designate for such purpose. Any notice to be delivered by Lessor
to Lessee with respect to this Lease shall be deemed delivered for
all purposes if it is delivered personally or by certified mail to
the President of Lessee, 119 North Michigan Street, South Bend ,
Indiana 46601 , or such other address as Lessee hereinafter may
designate to be used for such purpose.
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12. Lessee shall be responsible for any and all taxes which
are incurred as a result of this Lease Agreement .
CITY OF SOUTH BEND EDMARDE' S , INC.
BOARD OF PUBLIC WORKS
J E. £z‘HII t4Ldent
' HARD L. HIL
/ /
/ j" -
JOSEPH E. KERNAN
DATED: October 4, 1982
State of Indiana )
)SS :
St. Joseph County, IN )
Before me , a Notary Public , in and for said County and
State, personally appeared Edgar L. Davis, President of Edmarde ' s ,
Inc. , who acknowledged the execution of the above and foregoing
instrument as his free and voluntary act and deed this �=° day of
rt , 1982 .
ate, _ , _ " _
Notary_Pu6-1
r siding in St. Joseph County , IN.
My Commission Expires : DAVID B. WEISMAN, Notary Public
Raiding in St. Joseph County, IN
My Commission En►iru April 6, 1923
State of Indiana )
)SS :
St. Joseph County, IN )
Before me, a Notary Public , in and for said County and
John E. Leszczynski , Richard L. Hill and Joseph
State, personally appeared E. Kernan, members of the Board of Public Works
who acknowledged the execution of the above and foregoing
instrument as his free and voluntary act and deed this 4th day of
October , 1982.
V/i2;. ' I
Barbara J . Byers Notary Public ,
residing in St. Joseph County , IN.
My Commission Expires :
Feb . 10, 1984
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