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HomeMy WebLinkAboutAmended Lease Agreement 7-3-13 AMENDED LEASE AGREEMENT This LEASE AGREEMENT ("Lease"), dated as of the s day by ) y of 2013 �y and between the City of Jeffersonville, a municipal corporation duly organized an existing pursuant to the laws of the State of Indiana, by and through its Board of Public Works and Safety ( "Landlord "), and Jeffersonville Fire Fighters' Union Local No. 558, Inc., a not - for -profit corporation duly organized and existing under the laws of the State of Indiana ( "Tenant "). BASIC LEASE PROVISIONS A. Premises: 700 East 11t Street Jeffersonville, IN 47130 B. Initial Term: Fifty (50) years, beginning on 3 , 2013, (the "Commencement Date "), and ending onS4f �, , aoto 3 , (the "Expiration Date "). C. Base Rental: $1.00 per year. D. Address for Notices and Rents: To Tenant: Jeffersonville Fire Fighters' Union Local No. 558, Inc. 700 E. 11th Street Jeffersonville, IN 47130 Attention: Union President And To Landlord: City f ty o Jeffersonville Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, Indiana 47130 Attention: City Attorney 1. Premises. In consideration of the rents herein provided, and the terms, provisions, and covenants hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the real estate and improvements located at the address specified in Item A of the Basic Lease Provisions and more specifically described in Exhibit A, attached hereto and incorporated herein by reference (the "Premises "). 1 2. Term. 2.1 Initial Term. The term of this Lease (the "Initial Term ") shall be for the period specified in Item B of the Basic Lease Provisions, beginning on the Commencement Date and ending on the Expiration Date specified in said Item B, unless this Lease is terminated earlier, as provided elsewhere herein. 2.2 Holding Over. In the event Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease, Tenant shall be deemed to hold the Premises as a tenant from month -to- month, and all of the terms, conditions and covenants of this Lease shall be applicable during the holdover period. If Tenant fails to surrender the Premises upon the termination of this Lease, in addition to any other liabilities to Landlord arising therefrom, Tenant must indemnify and hold Landlord harmless from any loss or liability resulting from Tenant's failure, including any claims made by any succeeding tenant deriving from Tenant's failure. No holding over by Tenant shall extend this Lease, and during any holding over period either party may terminate the month -to -month tenancy by giving thirty (30) days prior written notice to the other. 3. Rent 3.1 Rental. Tenant must pay to Landlord the Rental, in advance, on or before the first day of each calendar year during the term of this Lease. 3.2 Payments. Rental checks are to be made payable to Landlord, or otherwise as designated by Landlord from time to time in a written instrument delivered to Tenant. 3.3 Utilities. Tenant must pay for all utilities serving the Premises. The utility services must include water, electricity and trash collection. Landlord is not liable to Tenant in damages or otherwise under any provision of this Lease in the event any utilities to the Premises are reduced, terminated or interrupted by reason of events beyond the control of Landlord, including but not limited to action by a public utility or governmental agency. 4. Taxes. Tenant must pay all ad valorem taxes levied on the Premises, if any, and all special assessments for benefits to the Premises. 5. Alterations. Tenant may not substantially alter or add to any part of the Premises except with Landlord's prior written 2 • consent. Tenant must make all alterations and additions to the Premises at its own risk and cost in accordance with all applicable laws, and must indemnify Landlord against all expenses, liens, claims, or damages to either persons or property or to the Premises arising out of or resulting from such alterations or additions. All alterations and additions must remain Landlord's property after the termination of this Lease unless otherwise provided in Landlord's written consent. Tenant must promptly pay its contractors and subcontractors for any repairs, alterations or improvements to the Premises Tenant performs. Should Tenant fail to pay the cost of labor or materials incurred as a result of any improvements or alterations, Landlord may pay such amount and add the cost thereof to the rental provided for herein. 6. Use of the Leased Premises. 6.1 Administrative Offices. The Tenant may use the Premises only for the operation of administrative offices for the administration of the Jeffersonville Fire Fighters' Union Local No. 558 and any other services authorized by Tenant's Articles of Incorporation. Tenant may not use or allow the Premises to be used for any purpose other than as specified herein and may not use, nor permit the Premises to be used, for any unlawful or immoral purpose or in any way that will injure the reputation of, or the improvements to, the Premises. 6.2 No Waste. Tenant must not commit any act of waste in, or about the Premises. Tenant may not create, maintain or permit any nuisance in the Premises or the improvements thereon. 7. Repairs, Maintenance, Alterations and Improvements. Tenant accepts the Premises in its existing condition with no warranties, either express or implied, including, without limitation warranties of habitability or fitness for a particular purpose. Tenant accepts the Premises in its "AS IS" CONDITION, WITH ALL FAULTS. Tenant covenants to occupy and maintain the entire Premises in a safe and sanitary manner inside and out; to maintain the Premises in its existing condition; to remove all garbage and refuse from the Premises and from the area surrounding the Premises; to keep all rubbish in covered metal containers inside the Premises storeroom and have same removed regularly and promptly; to keep the Premises and abutting sidewalk area in front and the side of the Premises free of dirt, fumes, odors, debris, pests, vermin, ice, and snow; and to not store or display anything outside the Premises. 3 8. Trade Fixtures. Tenant may install necessary trade fixtures at is expense and at the termination of this Lease Tenant may remove all trade fixtures owned by Tenant which can be removed without injury to or defacement of the Premises. 9. Fire and Other Casualty. In the event the Premises are damaged by fire, explosion or any other casualty, this Lease shall terminate. In no event may Landlord be required to repair or replace Tenant's furnishings or other personal property. 10. Insurance. 10.1 Casualty Insurance. Tenant must maintain a policy of public liability insurance. Tenant must insure against loss or damage by fire or other casualty to the personal property, furnishings, equipment or improvements of Tenant which Tenant may have located in or installed on the Premises. All policies of liability and property damage insurance Landlord and Tenant maintain must include limits of not less than $500,000 for damage to property and $1,000,000 for injury or death to any person or persons. Tenant shall provide Landlord with proof of coverage. 10.2 Indemnity. Tenant must hold the Landlord harmless against any and all claims, damages, suits, or causes of action for damages arising after the commencement of this Lease resulting from any injury to person or property or from loss of life sustained in or about the Premises and the buildings and improvements thereon, or in or upon the sidewalks, vaults, or streets in front of or appurtenant thereto by any person or persons whatever. It is the intention and agreement that Landlord cannot be liable for any personal injuries or damage to Tenant or its officers, agents, guests, invitees and employees or to any property of Tenant or of any occupant of any part of the the Premises, irrespective of how the damages or injury is caused, whether from action of the elements or acts of negligence of the owner or occupants of the adjacent properties. Notwithstanding the foregoing, the liability of Tenant to indemnify Landlord does not extend to any matter against which Landlord is effectively protected by insurance, provided however, if Landlord's liability exceeds the amount of Landlord's effective collectable insurance in question, the Tenant is liable for any excess. • 4 11. Assignment and Subleasing. Except as provided below, this Lease may not be assigned, or the Premises sublet, without prior written consent of the Landlord. 12. Defaults and Remedies. 12.1 Tenant Defaults. If Tenant fails to pay any rent due hereunder within five (5) days after the rent is due, or if Tenant fails to perform any of the other terms or conditions of this Lease to be observed or performed by Tenant for more than thirty (30) days after Landlord gives notice of the default to Tenant, or if Tenant becomes bankrupt or insolvent, or if Tenant files any debtor proceedings to take have taken against Tenant in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or if Tenant makes an assignment for the benefit of creditors or petitions or enters into an arrangement, or if Tenant abandons the Premises or suffers this Lease to be taken under any writ of execution, THEN Landlord, in addition to other rights and remedies it may have, may terminate this Lease. 12.2 Non - Waiver of Defaults. Landlord's failure or delay to insist upon Tenant's strict performance of any of the terms, conditions or covenants of this Lease, or to exercise any right or remedy consequent upon a breach thereof, shall not be construed to be a waiver, nor affect the right of Landlord to thereafter enforce each and every such provision or right. The waiver of any default or breach of this Lease shall not be held to be a waiver of any other default and breach. 13. Notices. Any notice required or permitted to be given under this Lease shall be deemed to have been given or served when made in writing and (i) delivered in person or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, to the party who is to receive such notice at the address specified in Item E of the Basic Lease Provisions. When so mailed, the notice shall be deemed to have been given as of the date it was mailed. The addresses for notices and payments may be changed by written notice given to the other party. 14. Miscellaneous General Provisions. 5 14.1 Consents. Landlord shall not unreasonably delay or withhold granting its consent or approval to any action for which such consent or approval is required under this Lease. 14.2 Recording of memorandum of Lease. If requested by either party, a Memorandum of Lease containing the information required by law shall be executed by both parties and filed for record in the appropriate government offices. 14.3 Successors and Assigns. This Lease is binding upon the successors and assigns of the parties. 14.4 Quiet Enjoyment. So long as Tenant is not in default beyond any cure period hereunder, Tenant shall peaceably and quietly hold and enjoy the Premises for the term hereby demised and all extensions and renewals thereof without hindrance or interruption by Landlord or any other person or persons claiming by, through, under or superior to Landlord. 14.5 Force Majeure. Neither Landlord nor Tenant is liable to the other for any breach or violation of this Lease resulting from any occurrence or event, including any Act of God, strikes, lockouts, property damage or other casualty or occurrence beyond the reasonable control of a party hereto. 14.6 Complete Agreement: Amendments; Headings. This Lease, including the Exhibits, constitutes the entire agreement between the parties. It supersedes all previous understandings and agreements between the parties, and no oral or implied representation or understandings shall vary its terms. It may not be amended except by a written instrument executed by both parties. The topical headings in this Lease are inserted only as a matter of convenience and reference, and do not affect, define, limit or describe the scope or intent of this Lease. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first written above, that being the date it was approved at the regular meeting of the Jeffersonville Board of Public Works and Safety. 6 • LANDLORD: CITY OF JEFFERSO VILLE, by and through its BOARD 0 F PUBLIC WORIKS & SAFETY By: ATTEST: Mike Mo. re, Jr., Mayor Vicki Conlin, City Clerk TENANT: JEFFERSONVILLE FIRE FIGHTERS' UNION LOCAL NO. 558, INC. By: J,•W%f i.. 0 14---,e,p,e4/' ATTEST: Its: 1' ,-.es/G'tt'!?7 ___I 1 li • e i i / Its: (.,.• Q ,e ,1 @/. 4 _ 7