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Home My WebLink About702 East 11th Street Lease Agreement for Building Authority LEASE THIS AGREEMENT, made and entered into this 1 day of November, 2024, by and between the City of Jeffersonville, an Indiana municipal corporation, by and through the Board of Public Works and Safety, hereinafter referred to as "Lessor," and the Jeffersonville Building Authority, hereinafter referred to as "Lessee," WITNESSETH THAT: The Lessor hereby rents and leases unto the Lessee the premises and improvements thereon, situated in Clark County, Indiana, commonly known as 702 East 11`h Street, Jeffersonville, Indiana under the following terms and conditions: 1. This lease shall be for an initial period of three (3) years, commencing November 1, 2024, and expiring on October 31, 2027, subject to extension annually thereafter, by mutual agreement of the parties. 2. The Lessee shall pay to the Lessor as rental for the premises during the initial term of this lease the sum of $1 per year, in advance, commencing November 1, 2024, and being payable on the same day of each year thereafter. All rental payments are to be paid to the Lessor at Lessor's address from time to time or at such other place as the Lessor may hereafter designate in writing. 3. Lessee shall pay all utility charges incurred in connection with the use of the premises and these shall be contracted for in the Lessee's name. Lessor shall not in any manner be responsible for or chargeable with the furnishing of or payment for such utilities. 4. Lessee shall occupy the leased premises in such manner and conduct only such activities therein as will not constitute a nuisance, and will not commit or knowingly permit the commission of any acts in or upon the premises which constitute a violation of the municipality or county in which the premises are situated, or any other applicable federal or state law. 5. In the event the leased premises, or any improvements thereon, shall be damaged through any act of God, fire, tornado, windstorm or other casualty, to the extent that it would not, in the Lessor's opinion, be economically practical to repair or restore the premises or improvements to a condition comparable to that existing prior to such casualty, then and in that event, the Lessor shall have the right to declare the Lease terminated and shall thereby be entitled to the immediate possession of the premises. If any improvements can, in the Lessor's opinion, be economically repaired or restored, rental payments shall cease during the period of restoration or repair but shall re-continue from the date that the premises are restored by the Lessor. 6. In the event the Lessee shall become delinquent in the payment of the rental as herein provided,or shall default in performing any of the other provisions of the Lease for a period of thirty (30) days, the Lessor may, at Lessor's option, and in addition to all other remedies hereinafter set out, terminate this Lease and/or recover all amounts so owing, whether rentals, utility fees or damages to the premises in any Court of competent jurisdiction, together with reasonable attorney fees, all without relief from valuation or appraisement laws. If such breach consists of non-payment of rent, no notice to Lessee shall be required prior to termination of this Lease, such notice being herein specifically waived by Lessee. 7. The Lessee shall maintain and be responsible for the repair of the interior of the premises and any appliances situated therein, and the Lessor shall maintain and be responsible for the repair of the exterior of the premises and the furnace, water heater, and air conditioners. 8. In the event any damage is caused to the premises by the Lessee, Lessee's agent or employees, or by any person or persons in or upon the premises for the purpose of transacting business with the Lessee, or by the consent of the Lessee, such damage shall be immediately and adequately repaired by the Lessee, at Lessee's expense. 9. Lessor shall pay all taxes assessed by the appropriate taxing authorities against the land and improvements situated thereon. 10. The failure of the Lessor to declare any default on the part of the Lessee when the same may occur shall not operate as a waiver of the Lessor's right to declare any subsequent default on the part of the Lessee. 11. In the event this Lease is terminated by expiration or otherwise, the Lessee shall immediately surrender peaceful possession of the premises to the Lessor. 12. The provisions of this Lease shall not be changed, altered, amended or modified except in writing, signed and executed by both the Lessor and the Lessee. 13. During the occupancy of the real estate by the Lessee, Lessee may make no major alteration, addition, or improvements to the property, or the buildings or physical improvements situated thereon without first having obtained the written consent of the Lessor. All work commenced upon receipt of such consent shall be done in a good and workmanlike manner and in compliance with the building and zoning laws and with all other applicable laws, ordinances, orders, rules, regulations and requirements of any federal, state, and/or local governments, and the appropriate departments, commissions, boards or officers thereof. With respect to work undertaken by the Lessee, Lessee shall indemnify the Lessor against any mechanic's lien or other lien against the real estate arising out of such alteration, addition, or improvement. 14. During the term of this Lease, any improvement, betterment, or fixtures on the land or in the building herein leased shall remain the property of the Lessee until such time as this Lease shall terminate by expiration or cancellation, and immediately upon such termination, the improvement, betterment, fixture or other item shall become a part of the leased land and shall immediately vest in the Lessor and remain Lessor's property. 15. The Lessee shall have the privilege and right, after first obtaining Lessor's consent, of painting and redecorating the premises, providing, however, that such painting and redecorating shall be done at the sole expense of the Lessee, and providing further that such redecorating and painting shall not be done in any manner that will be detrimental to the premises or any adjoining premises. 16. Lessee shall not sub-let the leased premises or assign this Lease or any interest therein without the written consent of the Lessor. 17. All understandings and agreements heretofore made and had between the parties hereto are merged in this Lease, which alone fully and completely expresses their agreement, and this Lease is entered into after full investigation, neither party relying upon any statement or representation, not embodied herein,made by the other. 18. This Lease shall be obligatory and binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS WHEREOF, the Lessor and Lessee have executed this Lease the date first above written. [SIGNATURE PAGE TO IMMEDIATELY FOLLOW] "LESSO ' City of Jeff rso v' le Board of Pu li orks and S fety Mayor Mike oore "LESSEE" Jeffersonville Building Authority esid STATE OF INDIANA ] ] SS: COUNTY OF— ' "A ] Before the undersigned, a Notary Public in and for the State and County aforesaid, personally appeared /2)4.,� /,7 �c , Lessor herein, and acknowledged the execution of the foregoing Lease. WITNESS my hand and Notarial Seal this '—day of /UUU ')46X'/2, , 2024. _ Y (17/7 e i/Notary Public County esidence: My Commission Expires: /27 ,90 CHRISTY M O'NEIL Seal Notary Public-State of Indiana STATE OF INDIANA County ] My Commission Expires May 9,2026 I SS: LIC#NP0713339 COUNTY OFZv/,)iv - ] Before the undersigned, a Notary Public in and for the State and County aforesaid, personally appeared /1/9.e, y , Lessee herein, and acknowledged the execution of the foregoing Lease.WITNESS my hand and Notarial Seal this / day of /l/Ovembe,... , 2024. r/yim. jj(o, /, Notary Public County Residence: My Commission Expires: '7/3y g o2002(0 �CHRISTY M O'NBIL • `J Seal Notary Public-State of Indiana Prepared by: Clark County My Commission Expires May 9,2026 i UC#NP0713339 wwwwwweit Leslie D. Merkley, Atty. #19851-10 Corporation Counsel City of Jeffersonville 500 Quartermaster Ct., Ste. 250 Jeffersonville, IN 47130 (812) 285-6423 lmerkley@cityofj eff.net