HomeMy WebLinkAboutLease Agreement Building Hall Authority
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THIS LEASE, entered into by the Jeffersonville Building Authority (hereinafter referred to
as "Landlord") and the City of Jeffersonville, Indiana (hereinafter referred to as "Tenant").
WITNESSETH THAT Landlord and Tenant, in consideration of their mutual undertakings,
agree as follows:
Landlord hereby leases to Tenant and Tenant hereby leases froIl} Landlord: 500
Quartermaster Court, Jeffersonville, Indiana (see attached Exhibit "A" for legal description and
hereinafter referred to as Leased Premises) and all appurtenances thereto for a term of one (1) year,
commencing on January 1,2007, and ending on December 31, 2007, and may be renewed for three
(3) additional five (5) year terms by mutual agreement of the parties, unless sooner terminated, and
Tenant without demand or notice shall pay a bi-annual rental, which shall be deposited into a non-
reverting fund with the Clerk-Treasurer of the City of Jeffersonville subject to the laws and
regulations of the State of Indiana, of Seventy Thousand Dollars and No Cents ($70,000.00)
payable on or before the 15th day of January and the 15th day of July each year in advance, at the
address of Landlord set forth in this Lease, or such other address as Landlord by notice shall direct,
all upon the following covenants, terms and conditions:
1. USE, COMPLIANCE WITH LAWS, SIGNS
The Leased Premises shall be used by Tenant only for the purposes of: the city offices and
departments for the City of Jeffersonville and for no other use or purpose. The Leased Premises
contains approximately 32,000 square feet (see attached Exhibit "B" for square footage allocated to
each city office and department as of the date of execution of this lease). The parties agree that in
the event any office or department abandons or relinquishes the space as set forth in Exhibit "B" the
Mayor shall make any decision as to the use and allocation of the abandoned or relinquished space.
The parties further agree that the Landlord shall be given the unlimited and unrestricted use of the
storage room on the first floor (Room 113), electrical room on the second floor (Room 221) and the
mechanical room on the first floor (Room 143) for its own purposes as the Landlord such as
storage, records, etc.
Tenant shall keep the Lease Premises in a clean and orderly condition and shall conduct its
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r'\ business there from in a careful and safe manner. Tenant shall not use the Lease Premises or
, maintain them in any manner constituting a vi~lation of any ordinance, statute, regulation, or order
of any governmental authority, including witpout limitation zoning ordinances, nor shall Tenant
maintain, permit or suffer any nuisance to occur or exist on the Leased Premises; Tenant shall not
affix to or upon the exterior of the Leased Premises any sign, insignia, or decoration without the
prior written consent of Landlord, which consent shall not be unreasonably withheld.
2. SURRENDER AND HOLDOVER
Upon the expiration or sooner termination of this Lease Tenant shall surrender to Landlord
the Leased Premises, together with all other property affixed to the Lease Premises (excepting trade
fixtures) broom clean and in the same order and condition in which Tenant received them, the
effects of ordinary wear, acts of God, casualty, insurrection, riot or public disorder excepted.
Unless an event of default as hereinafter defined has occurred and remains uncured, Tenant shall
prior to the expiration of the term remove all of tenant's trade fixtures and personal property from
the Leased Premises. Any damage to the Leased Premises caused by such removal shall be repaired
by Tenant prior to the expiration of the term. At Landlord's option, if Tenant fails to remove such
trade fixtures and personal property then the same shall be deemed the property of Landlord. If
Tenant shall remain in possession of all or any part of the Lease Premises after the expiration ,of the
term of this Lease, with the consent of the Landlord, then the Tenant shall be a lessee from month
to month at the same rental and subject to all of the other applicable covenants, terms and
conditions hereof.
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3.
ASSIGNMENT AND SUBLETTING
Tenant shall not assign, mortgage, encumber, or transfer this Lease in whole or in part, or
sublet the Leased premises or any part thereof, nor grant a license or concession in connection
therewith without the prior written consent of Landlord, which consent shall not be unreasonably
withheld. This prohibition shall include any act which has the effect of an assignment or transfer
and which occurs by operation of law, except any transfer or assignment resulting from death of
Tenant, if a natural person.
4. AL TERATIONS AND MAINTENANCE OF LEASED PREMISES
Tenant shall not cause or permit any alterations, additions or changes of or upon any part of
the Leased Premises without first obtaining the written consent of Landlord. All alterations,
additions or changes to the Leased Premises shall be made in accordance with all applicable laws
and shall become the property of Landlord.
Landlord, promptly after written notice from Tenant, shall make all repairs necessary to
maintain the following in the same condition they are now in:
A.
The exterior and structural walls (including storefronts, doors and glass) ,
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structural floors (including floor coverings), foundations, roofs, gutters, and
exterior downspouts of the Leased Premises;
B.
All appurtenances (if any) to the Leased Premises including, without
limitations, lobbies, stairways, storage areas, passageways, sidewalks,
driveways, parking areas and canopies;
c.
Water, sewage, gas and electrical lines from the public mains up to the point
of entry to the Lease Premises; and
D.
If the Leased Premises are an integral part of a larger structure, then to such
portions of the structure which because of its state of disrepair adversely and
materially affects Tenant's use of the Leased Premises;
except to the extent that the acts or neglect of Tenant its employees or invitees necessitates such
repairs. Tenant accepts the Lease Premises in their present condition. Tenant shall not be obligated
under this provision to repair any injury to the Leased Premises resulting from fire or other casualty.
The proceeding sentence is not intended to limit, modify or release Tenant from any liability it may
have for damage or destruction.
In addition, Landlord shall keep the Leased Premises in a clean, sightly, healthful condition
and in good repair, all at its own expense, including without limitation the following: regular
janitorial services, maintenance and mowing of lawn and landscaping, maintenance of irrigation,
electric, plumbing, mechanical systems, heating and cooling systems. If, however, the Leased
Premises shall not thus be kept in a clean, sightly, healthful condition and in good repair, by
Landlord, as aforesaid, Tenant may enter the same, himself or his agent, servant or employees,
without such entering causing or constituting a termination of this lease or an interference with the
Landlord's rights, and Tenant may replace the same, in the same condition of repair, sightlines,
healthfulness and cleanliness as existed at the date of execution hereof, and Landlord agrees to pay
Tenant, in addition to the rent hereby required, the expenses of Tenant in thus replacing the
premises in that condition.
Tenant shall pay all bills and charges for garbage, telephone, water, sewage, gas, electric
current, and heating costs, which may be assessed or charged against the Leased Premises during
said term or any extension thereof. Landlord shall at all times keep the adjoining sidewalks free
from snow, ice and all other obstructions.
Tenant shall be responsible for maintaining casualty and premises liability insurance on the
Leased Premises. Said insurance policy shall be in a form and company acceptable to Landlord and
a copy of each policy is to be delivered to and held by Landlord; Tenant agrees to pay all premiums
promptly.
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5. DESTRUCTION
If the Lease Premises should be damaged or destroyed by fire or other cause to such an
extent that the cost of repair and restoration would exceed 30 percent of the amount it would cost to
replace the Leased Premises in their entirety at the time such damage or destruction took place, then
Tenant shall have the right to cancel this Lease by giving Landlord notice of such election within
thirty (30) days after the occurrence of such damage or destruction and this Lease shall terminate as
of fifteen (15) days after the date such notice is given. If Tenant fails to exercise this option to
terminate then Landlord shall at its expense promptly repair and restore the Leased Premises to
substantially the same condition they were prior to the damage or destruction.
If the Lease Premises should be damaged or destroyed by fire or other cause to such an
extent that the costs of repair and restoration would be less than 30 percent of the amount it would
cost to replace the Leased Premises in their entirety at the time such damage or destruction took
place, then this Lease shall not terminate and the Landlord shall at its expense promptly repair and
restore the Leased Premises to substantially the same condition they were in prior to the damage or
destruction.
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If the Leased Premises are an integral part of a larger structure and if the structure should be
damaged or destroyed by fire or other cause to such an extent that the cost of repair and restoration
would exceed 30 percent of the amount it would cost to replace the structure in its entirety at the
time such damage or destruction took place and notwithstanding that the Leased Premises may be
unaffected by such damage or destruction, then Tenant shall have the right to cancel this Lease by
giving Landlord notice of such election within thirty (30) days after the occurrence of such damage
or destruction and this Lease shall terminate fifteen (15) days after the date such notice is given.
In the event the Leased Premises are damaged or destroyed the rents herein provided, or a
fair and equitable portion thereof, shall be abated until such time as the Leased Premises are
repaired and restored. The term of this Lease shall be extended for a period equal to the period
during which there has been a complete abatement of rent. The opinion of an architect or registered
engineer appointed by Landlord an approved by Tenant as to the costs of repair, restoration or
replacement shall be controlling upon the parties. Landlord' obligation to restore or repair does not
include fixtures or improvements installed or owned by Tenant. The provisions of this Section are
not intended to limit, modify or release tenant from any liability it may have for damage or
destruction.
6. CONDEMNATION
If the entire Leased Premises, or such portion thereof as will make the remainder unsuitable
for the use permitted by this Lease, is condemned by any legally constituted authority, or if a
conveyance or other acquisition in lieu of such condemnation is made, the this Lease shall terminate
as of the date possession is required by the condemnor. If a portion of the Leased Premises is
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condemned but the remainder is still suitable for the use permitted by this Lease, this Lease shall
not terminate but a portion of the rent for the rest of the term shall be abated in proportion to the
amount of the Leased Premises taken. . All compensation paid in connection with the condemnation
shall belong to and be the sole property of Landlord, except Tenant shall be entitled to any
compensation awarded for Tenant's trade fixtures and for moving expenses.
7. MECHANIC'S LIENS
Tenant shall not permit any Statement of Intention to hold a Mechanic's Lien to be filed
against the Leased Premises or any part thereof nor against any interest or estate therein by reason
of labor, services or materials claimed to have been performed or furnished to or for Tenant. If
such Statement of Intention to hold a Mechanic's Lien shall be filed, Landlord at its option may
compel the prosecution of an action for the foreclosure of such Mechanic's Lien by the Lienor. If
any such Statement of Intention to hold a Mechanic's Lien shall be filed and an action commenced
to foreclose the lien, Tenant, upon demand by Landlord, shall cause the lien to be released by the
filing of a written undertaking with a surety approved by the Court and obtaining an order from the
Court releasing the property from such lien. Nothing in this Lease shall be deemed or construed to
constitute consent to or request to any party for the performance of any labor or services or the
furnishing of any materials for the improvement, alteration or repairing of the Leased Premises; nor
as giving Tenant the right or authority to contract for, authorize or permit the performance of any
labor or service or the furnishings of any material that would permit the attaching of a valid
Mechanic's Lien.
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8.
INDEMNIFICATION AND RELEASE
Regardless of whether or not, separate, several, joint or concurrent liability may be imposed
upon Landlord, Tenant shall indemnify and hold harmless Landlord from and against all damages,
claims and liability arising from or connected with Tenant's control or use of the Leased Premises,
including without limitation, any damage or injury to person or property. This indemnification
shall not include any matter for which the Landlord is effectively protected against by insurance. If
Landlord shall, without fault, become a party to litigation commenced by or against Tenant, then
Tenant shall indemnify and hold Landlord harmless. The indemnification provided by this Section
shall include Landlord's legal costs and fees in connection with any such claim, action or
proceeding. Tenant does hereby release Landlord from all liability for any accident, damage or
injury caused to person or property on or about the Leased Premises, whether due to negligence on
the part of Landlord and notwithstanding whether such acts or omissions be active or passive.
Landlord and Tenant do each hereby release the other from all liability for any accident, damage or
injury caused to person or property, provided, this release shall be effective only to the extent that
the injured or damaged party is insured against such injury or damage and only if this release shall
not adversely affect the right of the injured or damaged party to recover under such insurance
policy.
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9.
LANDLORD'S LIEN
To secure the payment of rent and the other liabilities of Tenant hereunder. Tenant hereby
grants to Landlord a security interest in all of Tenant's personal property and fixtures (including
without limitation, Tenant's inventory and equipment, whether now or hereinafter acquired) which
is now or hereinafter located at the Leased Premises and in the proceeds thereof, including tort
claims and insurance (all hereinafter collectively referred to as "Collateral"). Tenant represents that
the Collateral will be used primarily in conducting a business at the Leased Premises. Tenant shall
not permit the removal of any collateral from the Leased Premises, except in the ordinary clause of
Tenant's business. Tenant authorizes Landlord to file financing statements relating to the Collateral
Tenant's business. Tenant authorizes Landlord to file financing statements relating to the Col!ateral
signed only by the Landlord. Upon the occurrence of an Event of Default, Landlord shall have all
the remedies of a secured party available under Indiana law. These remedies include, without
limitation, the right to take possession of the Collateral and for that purpose Landlord may enter
upon any premises on which the Collateral, or any part of it, may be situated and remove it and
Tenant shall hold Landlord harmless from any liability sustained thereby, except through wanton or
willful misbehavior. Landlord may require that Tenant make the Collateral available to Landlord at
a place to be designated by Landlord which is reasonably convenient to both parties. Unless the
Collateral threatens to decline speedily in value or is of a type customarily sold on a recognized
market, Landlord shall give Tenant at least ten (10) days prior written notice of the time and place
of any public sale thereof or of the time at which any private sale or any other intended disposition
thereof is to be made. Expenses of retaking, holding, preparing for sale, selling and the like shall
include Landlord's reasonable attorneys' fees and legal expenses.
10. EVENTS OF DEFAULT
Any of the following shall be deemed an Event of Default:
A. The failure to pay any installment of rent when the same becomes due and the
failure continues for 5 days.
B. Tenant's failure to perform or observe any other covenant, term or condition
of this lease to be performed or observed by Tenant and if curable, the failure
continues for 15 days after notice thereof is given to Tenant.
C. Abandonment of the Leased Premises.
D. The filing or execution or occurrence of:
(1)
An involuntary petition in bankruptcy against Tenant and the failure of
Tenant, in good faith, to promptly commence and diligently pursue
action to dismiss the petition.
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(2) A petition against Tenant seeking a reorganization, arrangement,
composition, readjustment, liquidation, dissolution or other relief of
the same or different kind under any provision of the Bankruptcy Act,
and the failure of Tenant in good faith to promptly commence and
diligently pursue action to dismiss the petition.
(3) A general assignment for the benefit of creditors by Tenant.
(4) The taking by any party of the leasehold created hereby, or any part
thereof, upon foreclosure, levy, execution, attachment or other process
oflaw or equity.
For purposes of this Section 10 and Sub-Section B of Section 11, the term "Tenant" shall
include any assignee, sublessee, or guarantor of Tenant. This provision, however, shall be
construed to permit the assignment of this Lease, nor the subletting of the Leased Premises, except
as may be permitted hereby.
11. LANDLORD'S REMEDIES
A. Upon the occurrence of any Event of Default Landlord may, at its option, in addition
to any other remedy or right it has hereunder or by law:
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(1) Re-enter the Leased Premises, without demand or notice, and resume
possession by an action in law or equity or by force or otherwise and without
being liable in trespass or for any damages and without terminating this
Lease. Landlord may remove all persons and property from the Leased
Premises and such property may be removed and stored at the cost of
Tenant.
(2) Terminate this Lease at any time upon the date specified in a notice to
Tenant. Tenant's liability for damages shall survive such termination. Upon
termination such damages recoverable by Landlord from Tenant shall, at
Landlord's option, be either an amount equal to "Liquidated Damages" or an
amount equal to "Indemnity Payments". "Liquidate Damages" means an
amount equal to the excess of the rentals provided for in this Lease which
would have been payable hereunder by Tenant, had this Lease not so
terminated, for the period commencing with such termination and ending
with the date set for the expiration of the original term granted, (hereinafter
referred to as "Unexpired Term"), over the reasonable rental value of the
Leased Premises for such Unexpired Term.
"Indemnity Payments" means an amount equal to the rent and other payments
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provided for in this Lease which would have become due and owing
thereunder from time to time during the Unexpired Term plus the cost and
expenses paid or incurred by Landlord from time to time in connection with:
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(a)
(b)
(c)
(d)
(e)
(f)
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Obtaining possession of the Leased Premises;
Removal and storage of Tenant's or other occupant's
property;
Care, maintenance and repair of the Leased Premises while
vacant;
Reletting the whole or any part of the Leased Premises;
Repairing, altering, renovating, partitioning, enlarging,
remodeling or otherwise putting the Leased Premises, either
separately or as part of larger premises, into condition
acceptable to, and reasonably necessary to obtain new
lessees;
Making all repairs, alterations and improvements required to
be made by Tenant hereunder and of performing all
covenants of the Tenant relating to the condition of the
Leased Premises;
less the rent and other payments, if any, actually collect and
allocable to the Leased Premises or to the portions thereof
relet by Landlord. Tenant shall on demand make Indemnity
Payments monthly and Landlord can sue for all Indemnity
Payments as they accrue.
(3) Without terminating this Lease, relet the Leased Premises without
the same being deemed an acceptance of a surrender of this Lease
nor a waiver of Landlord's rights or remedies and Landlord shall be
entitled to Indemnity payments, as heretofore defined, from Tenant.
Any reletting by Landlord may be for a period equal to or less than,
or extending beyond the remainder of the original term or for the
whole or any part of the Leased Premises, separately or with other
premises or for any sum, or to any lessee or for any use Landlord
deems appropriate.
B. Upon the occurrence of any of the following:
(1)
(2)
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The filing of a voluntary petition in bankruptcy by Tenant.
The filing of a petition or answer by Tenant seeking a reorganization,
arrangement, composition, readjustment, liquidation, dissolution or
other relief of the same or different kind under any provision of the
Bankruptcy Act;
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(3) An adjudication of Tenant as a bankrupt or insolvent.
(4) The appointment of a trustee, receiver, guardIan, conservator or
liquidator of Tenant with respect to all or substantially all of its
property.
this Lease shall terminate ipso facto as of such occurrence and the Lease Premises
shall be surrendered as required by Section 2. Tenant's liability for damages shall
survive such termination and Landlord shall be entitled to recover an amount equal to
Liquidated Damages as defined above or an amount equal to the maximum allowed
by any statute or rule of law in effect at the time when and governing the proceedings
in which such amount is sought, whichever is less.
12. ADVANCES AND INTEREST
Upon the occurrence of any Event of Default, Landlord may, if such default has not been
cured, cure that default for the account and at the expense of Tenant. If Landlord in curing such
default is compelled to payor elects to pay any sum of money or do any acts which will require the
payment of any sum of money, the sum so paid or incurred shall be reimbursed by Tenant upon
demand by Landlord.
13. ATTORNEY'S FEES
Each party shall pay their own attorney fees and related legal costs incurred in successfully
or unsuccessfully enforcing against the other party any covenant, term or condition of this lease.
14. ACCESS BY LANDLORD TO LEASED PREMISES
Landlord, Landlord's agents, and Landlord's prospective lessees, purchasers or mortgagees
shall be permitted to inspect and examine the Leased Premises at all reasonable time and Landlord
shall have the right to make any repairs to the Leased Premises which Landlord may deem
necessary, but this provision shall not be construed to require Landlord to make repairs except as is
otherwise required hereby.
15. QUIET ENJOYMENT
If Tenant shall perform all of the covenants and agreements herein provided to be
performed on Tenant's part, Tenant shall, at all times during the term, have the peaceable and quiet
enjoyment of possession of the Leased Premises without any manner of hindrance from Landlord or
any parties lawfully claiming under Landlord.
16. CAPITOL IMPROVEMENT RESERVE FUND
The sum of $70,000.00 shall be paid by the Tenant on the 15th of each January during the
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term of this lease for purposes of funding a capitol improvement reserve fund. These funds shall be
deposited into a non-reverting with the Clerk-Treasurer of the City of Jeffersonville and shall be
expended in accordance with the laws and regulations of the State ofIndiana. The Tenant shall pay
said amount each year until the fund's balance reaches $750,000.00 at which time the Tenant shall
not be obligated to make said annual paYment until the balance in the capitol improvement reserve
fund falls below $500,000.00, at which time Tenant shall resume making such payment until such
balance is restored.
17. MISCELEANODS.
In the event, Tenant should remain in possession of the Leased Premises with the consent of
the Landlord after the termination of the term herein granted then the tenancy thereby created shall
be a tenancy from month to month, but otherwise subject to all terms and provisions herein.
All rental paYments and capitol improvement reserve fund paYments paid herein shall be
paid to the Jeffersonville Building Authority and deposited in the Jeffersonville Building Authority
Operating Non-Reverting Fund and the Jeffersonville Building Authority Capitol Improvement
Reserve Non-Reverting Fund, respectively, in the Clerk-Treasurer's Office.
18. GENERAL AGREEMENT OF PARTIES
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This Lease shall extend to and be binding upon the heirs, personal representatives,
successors and assigns of the parties. This provision, however, shall not be construed to permit the
assignment of this Lease except as may be permitted hereby. When applicable, use of the singular
form of any word shall mean or apply to the plural and the neuter form shall mean or apply to the
feminine or masculine.
The captions and article numbers appearing in this Lease are inserted only as a matter of
convenience and are not intended to define, limit, construe or describe the scope or intent of such
provisions. No waiver by landlord of any default by Tenant shall be effective unless in writing, nor
operate as a waiver of any other default or of the same default on a future occasion. Lanqlord's
acceptance of rent shall not be deemed a waiver as to any proceeding default. Any notices to be
given hereunder shall be deemed sufficiently given when in writing and (a) actually served on the
party to be notified or (b) placed in an envelope directed to the party to be notified at the following
addresses and deposited in the United States mail by certified mail, postage prepaid.
1. If to Landlord at:
Jeffersonville Building Authority
c/o President
500 Quartermaster Ct.
Jeffersonville, IN 47130
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2. If to Tenant at:
City of Jeffersonville
c/o Mayor
500 Quartermaster Ct.
Jeffersonville, IN 47130
A copy shall also be mailed to the Common Council for the City of Jeffersonville c/o
the Clerk-Treasurer.
Such addresses may be changed by either party by written advice as to the new address given as
above provided. If there is more than one Tenant, their obligation shall be joint and several. This
Lease shall not be recorded.
IN WITNESS WHEREOF, Landlord and Tena ec ted this Lease on this \ D
day of -S- ~\)..~\..~, 2006, and ifth' Lease is e ted in counterparts, each shall
be deemed an original.
THIS INSTRUMENT PREPARED BY:
Leslie D. Merkley
City Attorney
500 Quartermaster Ct.
Jeffersonville, IN 47130
(812) 285-6491
Dated:
1-\0-01
Dated:
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DavidR. Blankenbeker, P.L.S.
Terry A. Kendall. P.L.S.
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422 Meigs Avenue
Jeffersonville, Indiana 47130
Blankenbeker & Son
Land Sunreyors IDc, PaC.
Established 1945
Howard R. Blan.IrenbelreJ
Ro11ynH. BlankenbeJrer
(812) 2824183 phone
(812) 2824197 fax
P.O. Box 157
Jeffersonville, Indiana 47.
JUNE 30, 2005
DESCRIPTION OF 3.128 ACRES IN TIiE CiTY OF lEFFERsONVILLE
Being part of Jeffersoo Square, part of Blocks 120, 121, and 124, part of Meigs Avenue, and part 0
Eleventh Street in the City of Jeffersonville, Clark County, Indiana and being further described as foUows;
Beginning at a railroad spike on the west comer of said Jeffersoo Square, same being the eastern
intersection of Watt Street and Twelfth Street; Thence N58042'E. along the southeast Right-of-Way line of
Twelfth Street, 432.6 fuet; Thence S.31 "OS'57"E., 203.49 fuet; Thence N.580 54 '03 "E., 2.46 feet to arailroa
spike on The TRUE PLACE OF BEGINNING;
Thence N.80OJ9'05"E., 149.8 feet to a railroad spike;
Thence S.7I o14'14"E., 93 feet to a railroad spike;
Thence S.45054'26"E., 109.71 feet a railroad spike;
Thence S.32057'08"E., 137.65 feet a railroad spike;
Thence S.59OJ2'01 "W., 125.68 feet a railroad spike;
Thence S.33012'OI "W., 78.07 feet a railrD.ad.spike~_____._______~_.__
-.Ihence-S.60oJJ'20"W:;8Tj6 feet a railroad spike;
Thence N.4031 '56 "W., 35.68 feet to a steel pin;
Thence S.88042'18lfW., 52.42 feet to a steel pin;
Thence N.31000'46"W., 9.77 feet to a steel pin;
Thence N.58033'33 "E., 15.67 feet to a steel pin;
Thence N.30059'18''W., 14.26 feet to a steel pin;
Thence N. I3032'32"E., 14.7 feet to a steel pin;
Thence N.32043'15 "W., 24.86 feet to a steel pin;
Thence N. 75004'1 9"W., 14.38 feet to a steel pin;
Thence S.58026'52"W., 22.04 feet to a steel pin;
Thence S.36007'52"W., 81.41 feet a railroad spike;
Thence S.69007'45"E., 87.37 feet a railroad spike;
Thence S.6015W., 55.79 feet a railroad spike;
Thence N.72024'06"W., 92.97 feet a railroad spike;
Thence N.46022'20"W., 113.37 feet a railroad spike;
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Thence N. I 7009'0 I "W., 115.46 feet a railroad spike;
Thence N.9014'IO''E., 92.4 feet a railroad spike;
Thence N.37040'19"E., 152.2 feet to The TRUE PLACE OF BEGINNING
Containing 3 .128 acres, and being subject to all legal highways and easements of record.
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CrrY OF JEFfEl'SONVlLLE
Rf'DEVELQPMfI:lT COMMISSION
DEED FILE #200120972
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to' '>be represented as a retracement or original
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A TT ACHMENT TO LEASE
CITY COURT OFFICES SQUARE FOOT AGE
Construction Room Nos. 107, 108, 109, 110,111, 112
COUNCIL/JUDGE CHAMBERS SQUARE FOOTAGE
Construction Room No. 101
COUNCIL OFFICES SQUARE FOOT AGE
Total:
813
Total:
1,536
Construction Room Nos. 302,316,330,331,332,333,334,335,336,337 Total: 1,496
CLERK-TREASURER SQUARE FOOTAGE
Construction Room Nos. 307, 308,309, 310, 311, 320, 327, 328, 329
Total:
2,502
r1; RESOLUTION NO. 2006-R-l
. 2
3 BEFORE THE BUILDING AUTHORITY
4 FOR THE CITY OF JEFFERSONVILLE
5 IN THE STATE OF INDIANA
6
7 A RESOLUTION ACCEPTING OWNERSHIP OF
8 CITY HALL FROM REDEVELOPMENT COMMISSION
9
10 WHEREAS, the Jeffersonville Building Authority (hereinafter called "Authority") is the
11 body created by Ordinance No 2006-0R- 31 to own, control and manage the property
12 commonly called the city hall and more particularly described in attached Exhibit "A";
13
14 WHEREAS, the Redevelopment Commission for the City of Jeffersonville has adopted a
15 resolution transferring its interest in the city hall to the authority;
16
17 WHEREAS, the Authority desires to fulfill its duties and obligations pursuant to Ordinance
18 No. 2006-0R- lYf ;
19
20 WHEREAS, the Authority further acknowledges the attached Memorandum of
21 Understanding and further accepts its responsibilities and duties therein;
r4
'.-' NOW, THEREFORE, BE IT RESOLVED, by the Authority, that it hereby accepts title
24 and ownership to the city hall property and more particularly described in attached Exhibit "A".
25
26 IT IS FURTHER RESOLVED, by the Authority acknowledges that the Redevelopment
27 Commission shall execute a quit-claim deed upon the adoption of the attached Memorandum of
28 Understanding and the fulfillment of those contingencies outlined in Resolution No. 2006." R-
29 j of the Redevelopment Commission; and
30
31 IT IS FURTHER RESOLVED, by the Authority that it intends to enter into a written lease
32 agreement with the City of Jeffersonville pertaining to the city's use of the city hall.
33
34
35
36
37
38
39
40
41
42
43
Passed and adopted by the Building Authority for the City of Jeffersonville, Clark County,
Indiana on this ~ day of ~ ~ , 2006.
~
Member
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3
4
5
6
7
8
Member
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Member
Member
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DavidR. Blankenbeker, :p.L.S.
Terry A. Kend.a.lL P.L.S.
Howard R. BImUrenbdrer (1905-
RollynH. Blank:enbeker (1934-
Blankenbeker & Son
Land Surveyors Ine, P.C.
Established 1945
422 Meigs Avenue
Jeffersonville, Indiana 41130
(812) 282-4183 phone
(812) 282-4197 fax
P.O. Box 157
Jeffersonville, Indiana 41131-0
JUNE 30, 2005
DESCRIPTION OF 3.128 ACRES IN TIlE CITY OF JEFFERSONVU,LE
Being part of Jefferson Square, part of Blocks 120, 121, and 124, part of Meigs Avenue, and part of
Eleventh Street in the City of Jeffersonville, Clark County, Indiana and being further described as follows:
0'\
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Beginning at a railroad spike on the west corner of said Jefferson Square, same being the eastern
intersection of Watt Street and Twelfth Street; Thence N58042'E. along the southeast Right-of-Way line of
Twelfth Street, 432.6 feet; Thence S.31 o05'57"E., 203.49 feet; ThenceN.S80S4'031'E., 2.46 feet to a railroad
spike on The TRUE PLACE OF BEGINNING;
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Th~n(:e N.80OJ9'Q5"E., 149~8 feet to a railroad spike;
Thence S.7P14'14"E., 93 feetto a railroad spike;
Thence S.45054'26t1E., 109.71 feet a railroad spike;
Thence S.32057'08"E., 137.65 feet a railroad spike;
Thence S.59OJ2'OI"W., 125.68 feet a railroad spike;
Thence S.33012'OIIfW., 78.07 feet a railroad spike;
Thence S.60033'20"W., 83.36 feet a railroad spike;
Thence N.4OJ 1'56"W., 35.68 feet to a steel pin;
Thence S.88042'18"W., 52.42 feet to a steel pin;
Thence N.31 oOO'46"W., 9.77 feet to a steel pin;
Thence N.58033'33 liE., 15.67 feet to a steel pin;
Thence N.30059'18IfW., 14.26 feet to a steel pin;
Thence N.13032'32"E., 14.7 feet to a steel pin;
Thence N.32043'1S"W., 24.86 feet to a steel pin;
Thence N.7so04'19"W., 14.38 feet to a steel pin;
Thence S.58026'52"W., 22.04 feet to a steel pin;
Thence S.36007'52"W., 81.41 feet a railroad spike;
Thence S.69007'4SffE., 87.37 feet a railroad spike;
Thence S.6015W., 55.79 feet a railroad spike;
Thence N.72024'06"W., 92.97 feet a railroad spike;
Thence N.46022120"W., 113.37 feet a railroad spike;
page 1 of2
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Thence N.170Q9'Ol "W., 115.46 feet a railroad spike;
Thence N.9014'lO"E., 92.4 feet a railroad spike;
Thence N.37040'19"E., 152.2 feet to The TRUE PLACE OF BEGINNING
Containing 3.128 acres, and being subject to all legal highways and easements of record.
C:\...\ 18188D l.wpd
page 2 of2
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE JEFFERSONVILLE REDEVELOPMENT COMMISSION
AND
THE JEFFERSONVILLE BUILDING AUTHORITY
AND
THE JEFFERSONVILLE COMMON COUNCIL
This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by
and between the Jeffersonville Redevelopment Commission, hereinafter referred to as the
Commission, and the Jeffersonville Building Authority, hereinafter referred to as the Authority,
and the Jeffersonville Common Council, hereinafter referred to as the Council.
A. PURPOSE:
The purpose ofthis MOU is to outline the rights and responsibilities of the parties herein as
they relate to the Jeffersonville City Hall at Quartermaster Station revitalization project
located at 500 Quartermaster Court in Jeffersonville, Indiana, hereinafter referred to as the
City Hall (see attached Exhibit "A" for legal description).
B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
i~
The benefits of this MOU are to ensure an active partnership between the parties during the
transition of ownership from the Commission to the Authority.
C. COMMISSION SHALL:
1. Transfer all its rights and interest in the City Hall.
2. Make payments of all duly authorized expenditures related to the construction and/or
furnishing of the City Hall provided that such expenditures receive prior approval by the
Commission.
3. The payment of such expenditures shall be made from the bond proceeds, Tax Increment
Financing (TIF) fund, and/or any other funds available to the Commission.
D. AUTHORITY SHALL:
1. Accept ownership and title to the City Hall.
2. . Ma!Wge and operate the City Hall pursuant to Jeffersonville Ordinance No. 2006-0R-
3J .
3. Execute a written lease with the City of Jeffersonville no later than January 1,2007 at which
time the Authority shall be responsible for all expenditures related to the general operation
and/or maintenance of the City Hall.
4. Work with the Jeffersonville Board of Public Works and the Commission to ensure that
construction is completed pursuant to the architect's specifications and to the satisfaction of
the parties herein.
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E. COUNCIL SHALL:
1. Forgive the approximate $1.5 million owed by the Commission, which sum
represents the money the city received as its equity interest in the City-County
Building.
2. Forgive the approximate $275,000 owed by the Commission, which sum represents
the Economic Development Income Tax (EDIT) funds expended by the Council to
purchase the River Falls Motel and Lounge.
3. Be responsible for all expenditures related to the general operation and/or maintenance of the
City Hall until a written lease is executed between the City of Jeffersonville and the
Authority.
F. COMMENCEMENTIEXPIRA nON:
This instrument is executed on this \ \ day of ~ \oL.c- , 2006 and shall
remain in effect and enforceable until December 31, 2006 unless extended in writing.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
COMMISSION:
~~
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Member
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Member
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Member
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DavidR. Blankenbeker. P.L.S.
Terry A. Kendall. P.L.S.
Howard R Blankenbeker (1905-
RollynH. BL:mkenbeker (1934-
Blankenbeker & Son
Land Surveyors Ine, P.C.
Established 1945
422 Meigs Avenue
Jeffersonville, Indiana 41130
(812) 282-4183 phone
(812) 282-4197 fax
P.O. Box 157
Jeffersonville, Indiana 47131-4:
JUNE 30. 2005
DESCRIPTION OF 3.128 ACRES IN THE CITY OF JEFFERSONVILLE
Being part ofJe1Ierson Square, part of Blocks 120, 1Zl, and lZ4, part of Meigs Avenue, and part of
Eleventh Street in the City of Jeffersonville, Clark County, Indiana and being further described as follows:
()
\ ,
Beginning at a railroad spike on the west corner of said Jefferson Square, ;>aIDe being the eastern
intersection of Watt Street and Twelfth Street; Thence N58042'E. along the southeast Right-of-Way line of
Twelfth Street, 432.6 feet; Thence 8.31 005'57"E., 203.49 feet; Thence N.58054'03'fE., 2.46 feet to a railroa(
spike on The TRUE PLACE OF BEGINNING;
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Thence N.80OJ9'05"E., 149~8 feet to a railroad spike;
Thence S. 71 0 14'14"E., 93 feet to a railroad spike;
Thence S.45054'26"E., 109.71 feet a railroad spike;
Thence S.32057'08"E., 137.65 feet a railroad spike;
Thence 8.59OJ2'OI "W., 125.68 feet a railroad spike;
Thence 8.3301Z'OI "W., 78.07 feet a railroad spike;
Thence S.60033'20''W., 83.36 feet a railroad spike;
Thence N.4031'56"W., 35.68 feet to a steel pin;
Thence 8.88042'18"W., 52.42 feet to a steel pin;
Thence N.31 oOO'46"W., 9.77 feet to a steel pin;
Thence N.58033'33"E., 15.67 feet to a steel pin;
Thence N.30059fI8''W., 14.26 feet to a steel pin;
Thence N.13032'32"E., 14.7 feet to a steel pin;
Thence N.32043'15"W., 24.86 feet to a steel pin;
Thence N.75004'19"W., 14.38 feet to a steel pin;
Thence 8.580Z6'52"W., 22.04 feet to a steel pin;
Thence S.36007'52"W., 81.41 feet a railroad spike;
Thence S.69007'45"E., 87.37 feet a railroad spike;
Thence S.6015'W., 55.79 feet a railroad spike;
Thence N.72024'06"W., 92.97 feet a railroad spike;
Thence N.46022'Z0"W., 113.37 feet a railroad spike;
page 1 of2
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Thence N. 17009'0 l"W. > 115.46 feet a railroad spike;
Thence N.9014'10"E., 92.4 feet a railroad spike;
Thence N.37040'19"E., 152.2 feet to The TRUE PLACE OF BEGINNING
Containing 3.128 acres, and being subject to all legal highways and easements of record.
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