HomeMy WebLinkAboutAnimal Protection Association 2023 Lease LEASE AGREEMENT
This LEASE AGREEMENT("Lease"), dated as of the t l day of9A , 2023, by and
between the City of Jeffersonville, a municipal corporation duly organized and existing pursuant to the
laws of the State of Indiana, by an through its Board of Public Works and Safety ("Landlord"), and
Animal Protection Association, Inc., a not-for-profit corporation duly organized and existing under the
laws of the State of Indiana ("Tenant").
BASIC LEASE PROVISIONS
A. Premises:
702 East 11th Street
Jeffersonville, IN 47130
B. Initial Term:
One (1) year term, beginning on September 27, 2023, the "Commencement Date"), and
ending on September 27, 2024, (the "Expiration Date"). In addition, the Landlord and
Tenant hereby agree that the Tenant shall have the option to renew this Lease for one (1)
additional term of one (1) year by notifying the Landlord, ninety (90) days in advance of the
scheduled expiration of this Lease. All other terms and conditions of this Lease not
specifically addressed herein shall remain unchanged.
C. Base Rental:
$1.00 per year
D. Address for Notice and Rents:
To Tenant:
Animal Protection Association Incorporated
702 East 11th Street
Jeffersonville, IN 47130
And
To Landlord:
City of Jeffersonville
Attn: Corporation Counsel
500 Quartermaster Court
Suite 250
Jeffersonville, IN 47130
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
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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").
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's 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.
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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 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 material 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/Cat Shelter.The Tenant may use the Premises for the operation
of administrative offices for the administration of the Animal Protection Association
Incorporated, as a shelter for homeless cats and kittens and for 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 accept 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 garbage in
covered containers provided by the City of Jeffersonville Street Department inside the
premises storeroom, if available, or outside of the building in the location designated by
the Street Department for weekly pickup, and have same removed regularly and
promptly; to keep the Premises and abutting sidewalk area in front and side of the
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Premises free of dirt, fumes, odors, debris, pests,vermin, ice and snow; and to not store
or display anything outside the Premises.
8. Trade Fixtures.Tenant may install necessary trade fixtures at its 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, explosions 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. Neither Landlord nor Tenant is obligated to maintain fire or
extended coverage insurance on the Premises.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
$500,000.00 for damage to property and $1,000,000.00 for injury or death to any
person or persons.
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 intentions 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 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.
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. Default and Remedies.
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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 or have taken against Tenant
in any court pursuant to any statute either of the United States or any state a petition in
bankruptcy or insolvency or for reorganization or for the appointment of a receiver or
trustee of all or 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.
14.1
Consents. Landlord shall not unreasonably delay or withhold granting its consent or
approval to any action for which such 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.
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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 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 understanding 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 is was approved at the regular meeting of
the Jeffersonville Board of Public Works and Safety.
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LANDLORD:
CITY OF JEFFERSO VILLE, by an
Through its BOA F PUBLIC RKS
AND SAFETY
ike Moore, Mayor
ATTEST:
Lisa Gill, City Clerk
TENANT:
ANIMAL PROTECTION ASSOCIATION
INCORPORATED
BY: .Jc
Its: [Y` tisliCt—e-4'
ATTEST:
BY:
Its: Vbli,snAeit,
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