HomeMy WebLinkAboutHousing Authority LeaseThis lease is made between:
LEASE
Jeffemonville Housing, kuthority, 206 Eastern
Boulevard, Jeffersonvill ~, IN 47130, hereinafter
referred to as Housing,
and
Jeffemonviile Parks Bo; rd, 1406 Frederick
Avenue, Jeffers0nville, I~ 47~30, hereinafter
referred to as Parks Dept.
Parks Dept. hereby offers to lease from Housing the premis ;s situated in the City of
Jeffersonville, Clark County, State of Indiana, commonly kn{ ,wn as:
1423 Pennsylvania Avenue
Jeffersonville, Indiana 47130
and more particularly described as follows: [See "Surveyor's Report," attached hereto
as Exhibit A and incorporated by reference herein.]
Being a part ofBIock 150, part of vacated Walnut Street, p~ rt of vacated North
Street, and part of a ten foot wide vacated alley all in the Ci y of Jeffersonville,
and part of Lot 9 in Kirby's Subdivision of Claysburg, and 1 eing further described
as follows'
Beginning at a steel pin on the southeast comer of Locust Si :eet and Fifteenth
Street in said City; Thence S. 31 deg. 1 I' 08" E,, along the n )rtheastern Right-of-
way line of Locust Street, 255.63 feet to an iron pipe on the ~restem comer of Lot
2 in New Claysburg Subdivision, Sector Number Four, as si own in. Plat Book 9,
Page 5; Thence N. 58 deg. 48' 52" E., along the northwesten, line of said
Subdivision, 400 feet to a drill hole in a concrete sidewalk, ~ 'HE TRUE PLACE
OF BEGINNING.
Thence N. 31 deg, 11' 08" W,, 218.5 feet to a drill' hole in a ¢oncrete sidewalk;
Thence N. 58 deg. 48' 5 I" E., 150 feet to a railroad, spike;
Thence S. 31 deg. 11' 08" E., 68 feet to a steel, pin;
Thence N. 58 deg. 48' 51" E., 120.4 feet to a steel pin;
Thence S. 86 deg. 04' 54" E., 124.67 feet to a steel pin on the western Right-of-Way line
of Pen.nsylvania Avenue;
Thence 79.9 feet along the arc of a 256.09 foot radius curve t ) the left (concave
"PK" nail in a tree mot; ring $. 23 leg. 10, 38". E., 79.58 feel: to a
Thence S. 58 deg. 48' 52" W., 361.31 feet to THE TRUE PLACE OF. BEG/NN1NG.
Containing 1.423 acres and being subject to the northeast 15 foot of a 20-foot wide utility
easement along and adjoining the entire southwest line of the above described tract, a 20-
foot wide electric easement along and adjoining the entire southeast line of the above
described tract, being described in Deed Drawer .26, Instrt merit 3806, and all Other
easemen .ts of record.
Also}-" being a part of vacated North Street and part of the o ~g/nal ToTM of Claysbru. g, all
in the City of Jeffersonville, and being further described as follows:
Beginning at a steel pin on 'the southeast comer of LoCUst S feet and Fi~eenth Street in
sa/d City; Thence S. 31 deg. 1 I' 08" E., along the northeastern Right-of-Way line of
Locust Street, 255.63 feet to an iron pipe on the western eot }er of Lot 2 in New
Claysburg Subdiv/sion, Sector Number Four, as shown, in PI it Book 9, Page~5; Thence N.
58 deg. 48' 52" E., along the northwestern line of said S'ubdi. 'isiou, 400 feet to a drill hole
in a concrete sidewalk; Thence'N. 31 deg. 1 I' 08" W., 218.5 ."eet to a drill hole in a
concrete sidewalk; .Thence N. 58 deg, 48' 52" E,, 150 feet to ;. railroad spike; thence S. 31
deg. 1 I' 08" E., 68 feet to a steel p/n; thence N. 58 deg. 48' 5~" E 120.4 feet to a steel
pin, .THE TRUE PLACE OF BEGINNING. "
Thence continuing N. 58 deg. 48' 52" E., 143.63 feet to a steel pin on the original wes~
Right-of. Way line of Pennsylvania Avenue (forrnerly West St~ eeO;
Thence S. 14 deg. 28' 22" E,, along said Right-of-Way line, 87 04 feet to a steel p/n;
Thence N. 86 deg. 04' 54" W., (5 feet north of and parallel to tl :e center line of No.rrb
Street) 124.67 feet to THE TRUE PLACE OF BEGINNING.
Containing 5,987 square feet and being subject to all easementl of record
. .
(the "Premises") upon the following TERMS and CONDITIONS:
·
Term and Rent: Housing hereby leases io Parks Dept. the Prel ~ises for a term of Five
(5) years commencing October 1, 2000 and terminating Septe~ aber 30, 2005 on the
terms and conditions.contained herein. Parks Dept. must pay k Housing the sum of
One Dollar ($1.00) per year for the use and occupancy of the P~ ~mises.
USe: The parties to this lease acknowledge that the Parks l)ept, will be subleasing this
property to the "Boys & Girls Club of Kentuckiana," or such other entity to which the
parties may agree, for the purpose of managing a youth-ori ~.nted educational,
recreational and cultural facility and community center to b{ known as the
SPRING HILL COMMUNITY CENTER (ti' ~ "Facility")
It is the intent of the parties that the Facility will be el crated to meet a critical
need for additional youth activities in Jeffemonville, !~ ~diana, and to address the
.-need in the community for a youth-oriented commun ty center that will include
indoor and outdoor educational, recreation and cuitu 'al facilities. The Facili .ty will
be used to assist in. promoting the educational and s~ ~Cial skills needed to instill
confidence in the community youth.
The Premises may not be used for any o[her purpose. Hou sing represents that the
Premises may lawfully be used for such purpose.
o
Care and Maintenance of Premises' Parks Dept. acknowl ;dyes that the Premises am
in good order and repair. Parks Dept. must, at its own expe~ }se and at all times,
maintain the Premises in good, safe, clean, attractive and s~ ~nitary condition, both
inside and outside. The Parks Dept. must surrender the Pr~ .mises at the termination of
this Lease in as good condition as received, normal wear ar d tear excepted.
The Parks Dept. is responsible for all repairs to the Premises required, excepting the
following:
Major structural repairs and/or replacements to tte roof, exterior walls,
foundation, HVAC, electrical and plumbing syste~ ~s
Alterations: Parks Dept. may not, without first obtaining He using's written consent
Housing, make any alterations, additions or improvements i~, to, or about the Premises.
Ordinances and Statutes: Parks Dept. must, at its sole. co ~t, comply with all statutes,
ordinances and requirements of all municipal, state and fed{ mi authorities now in force,
pertaining to the use of the Premises including all envimnm~ ntal standards,
A~signment and Subletting' Except as provided in the "Us ~" paragraph, above, the
Parks Dept. may not assign this lease, or sublet any portion >f the premises, without
Housing's prior written consent. Any such assignment or sut letting without consent
shall be void and, at Housing's option, may be treated as a ~ efault under this Lease.
Provided, however, it is understood and agreed that during t roes the Premises are not
being used by Boys & Girls Club for their regularly schedule( programming, Boys &
_.
Girls Club may license the use of the Premises, or a portia 3 thereof, ~f°r no more titan
24 hour~ at a time, and for a fee, to third parties, who am ~ cceptable to the Parks Dept.
and Housing, for civic, recreational and social functions. /~ I! fees received by Boys &
Girls Club pursuant to said licenses shall belong to Boys & Girls Club.
Utilities: Ali applications and connections for necessary u ility services on the
.
Premises must be' made in the name of the Parks Dept, or its sublessee only, and
Parks Dept. is'solely liable for utility charges as they bacon ,e due, including those for
sewer, water, gas, electricity, and telephone services.
Entry and Inspection: Parks Dept. must permit Housing, )r Housing's agents, to enter
upon the Premises at reaSonable times and upon reasona~ ie notice, for the purpose of
inspecting the Premises. The Parks Dept. will permit Hous ng, at any time within sixty
(60) days pdor to the expiration of this lease, to place upon the Premises any usual
signs as may be needed to advertise the premises for leas~ ~, and will permit persons
desiring to lease to inspect the Premises.
Indemnification of Housing' Parks Dept., hereby waives )11 claims and demands
against Housing for all losses and damages to goods, ware ~ and merchandise in, upon
or about the Premises, and for injuries to persons in, upon ( r about the Premises, from
any cause whatsoever, arising at any time. The Parks Dept, will hold Housing, its
employees, agents and affiliated entities, exempt and harm[ ~ss from any liability, loss,
cost or obligation on account of any. damage or injury to an~ person, or to the goods,
wares and merchandise of any person, adsing in any mann~ ~r from the use or
occupancy of the Premises by the Parks Dept.
Insurance- Parks Dept., for the mutual benefit of Housing ~ nd the Parks Dept., will
maintain public liability insurance, including liability against ¢ ~aims for personal injury,
death, or property damage occurring in, upon, or about the IF 'remises and on any
sidewalks directly adjacent to the Premises. The limits of lial ,ility of such insurance may
not be less than $1,000,000.00 for injury or death of one pe .~on and $3,000.000.00 in
respect to any one occurrence, and to the limit of not less th. ~n $1,000,000.00 in
respect to property damage, or in such higher amounts as ti- e parties may agree. ,Ail
such policies of insurance must be issued with Housing nam ~d as an additional
insured. Evidence of the issuance of such policies must be ¢ ~livered to Housing at the
time this Lease commences. The Parks Dept. must obtain a ~vritten obligation on the
part of each insurance company .to notifY Housing in writing ~ t least thirty (30) days prior
to any cancellation or material change of coverage.
Eminent Domain: If the Premises or any part thereof or an3 estate therein, or any
other part of the building materially affecting the Parks Dept.' ~ use of the Premises, is
taken by eminent domain, this Lease will terminate on the da :e when title vests
pursuant to the taking.
Destruction of Premises:' If the Premises are partially ¢ estroyed during the term of
this Lease from any cause, Housing must repair the same within a reasonable time, but
such partial destruction will not terminate this lease. A tot~ I destruction of the building
on the Premises wilt terminate this Lease.
Housing's Remedies on Default: If the Parks Dept. defa jlts in the performance of
any of the covenants or conditions hereof, Housing may gl, 'e the Parks Dept~. written
notice of the default. If the Parks Dept. does not.cure the d =.fault within thirtY (30) days
after its receipt of the written notice (or if the default is of si ch nature that it canno~ be
completely cured within such period, if the Parks Dept. doe ~ not commence to cure the
default within thirty (30) days and thereafter proceed with r~ asonable diligence and in
good faith to cure the default), then Housing may terminate this lease on not less than
thirty (30) days notice to the Parks Dept. On the date spec I'ied in the termination,
notice this Lease will terminate, and the Parks Dept. must tl ten quit and surrender the
premises to Housing. The Parks Dept. will remain liable as ~ereinafter provided. If
Housing. terminates this Lease, Housing may, at any time ti' ereaffer, assume
possession of the premises by any lawful means and remo~ e the Parks Dept. or other
occupants .and their effects. No failure to enforce any term )f this Lease will be
deemed a waiver.
Attorney Fees: If either party must take legal action to enf¢ rce the provisions' of this
Lease, or because of any act which may arise out of the po~, session of the premises,
the prevailing party is entitled to recover all costs incurred in connection with such
action, including reasonable professional and attorney(s) re( s.
Notices: Any notice which either party is required to give ur der this Lease, must be
given by mailing the same, postage prepaid, to the other par y at the address shown
below:
Housing Authority
206 Eastern Boulevard
Jeffersonville, IN 47130
Jeffersonville Parks Department
4th Floor, City-County Building
Jeffersonville, IN 47130
or at such other places as may be designated .by the parties f 'om time to time.
_.
Heirs, Assigns, SuccessOrs: This lease is binding upon ~nd inureS-to the benefit of
the heim, assigns and successom in interest to the parties,
Entire Agreement: The foregoing constitutes the entire a! Ireement between the
parties and may be modified only by.a writing signed by bo :h parties.
Jeffersonville Housing Authority
arroi~ov~" -~~eCutive
Dated ...... /~ -,,;_.~,-o/,
Director
Jeffemonville Parks Board
Ed Vo'yl e~'C..~es~d e nt "'
Dated ~-.-' ]~' 0 ['
..
6
..
This Sublease is made between:
SUBLEASE
jeffersonville Board of Parks and Recreaton,
1406 Frederick Avenue, Jeffersonville, IN 47130,
hereinafter referred to a,~ "Parks Dept." .....
and
The Boys and Girls Ch Ibs, Inc. d/b/a Boys &
Girls Clubs-of Kentuck !ana
1423 Pennsylvania Ave., Jeffersonville, IN 4'1130,
h. ereina£tcr re£erred to as "Boys & Girls Club."
Boys & Girls Club wishes to Sublease from Parks Dept., a ~d the Parks Dept. agrees
to sublease to the Boys & Girls Club, the real estate and in tprovements situated in the
City of Jeffersonville, County of Clark, State of Indiana commonly known as 11423
pennsylvania Avenue, Jeffer$onville, Indiana 471510 an, [ more particularly
described as .follows.
Being a part of Block 150, part of vacated Walnut. S~ feet, part of vacated
North Street, and part of a ten foot wide vacated all, y all irt the City of
Je££erson~411e, and part o£Lot 9 in I.<irby's Subdiv/si~ ,n. of'Claysburg, and
being £urther described as follows:
Beginning at a steel pin on the southeast comer of I.
Fifteenth Street in. sa_id City; Thence S. 31 deg. 11' 0~
northeastern Right-of-way .Line of Locust Street, 255.
pipe on the western corner of Lot 2 in New Claysbu:
Sector Number FOur, as shown in Plat Book 9, Page
deg. 48' 52" E., along the northwestern line of said S'
to a drill hole in a concrete sidewalk, 'tHE TRUE Pr
BEGINNING.
>cust Street and
"E., along the
53 feet to an iron
g Subdivision,
5; Thence N. '58
tbdivision, 400 feet
ACE OF
Thence N. 31 deg. '11' 08" W.,~218.5 feet to a drill, l~olc in. a concrete sidewalk;
Thence N. 58 deg. 48' 51" E., 150'f. eet to a raikoad spike;
Thence $. 31 deg. 11' 08" E., 68 feet to a steel pin; .
Thence' N. 58 deg. 48' 51" E,, 120.4 feet to a steel lt. in;
Thence 8. 86 deg. 04' 54" E., 124.67 feet to a steeI l ,in on the western Right-of-
WaY line of Pennsylvania Avenue;
Thence 79.9 feet along the arc o.f a 256.09 fo°t radi ~s curve, to the left
(concave northeasterly) being subtended by a chore bearing S. 23 deg. 10' 38"
E., 79.58 feet to a "PK" nail in a tree root;
Thence S. 58 deg. 48' 52" W., 361.31 feet to THE '.l RUE PL;.~CE OF
BEGINNING.
Containirtg 1.423 acres and being subject to the nor :heast 15 foot of a 20-foot
wide utility easement along and adjoining the entire southwest l/ne of the
above described tract., a 20-foot wide electric easeTM .'.nt along and adioining the
entire southeast line of tl~e above described tract, be in§ described in Deed
Drawer 26, Instrument 3806, and all other easemen~ s of record.
ALSO,
Being a part of vacated North Street and part of the original Town of
Claysburg, ail in the City of Jeffersonville, and being £urther described as
follows:
Beginning at a steel pin on the southeast corner of l
-Street in said City; Thence S. 31 deg. 1 i' 08" E., alor.
of-Way line of Locust Street, 255.63 feet to an iron t
of Lot 2 in New Claysburg Subdiv/siOn, Sector Num
Book 9, Page 5; Thence N. 58 deg. 48' 52" E., along
s,-dd Subdivision, 400 feet to a d.dll hole in a concret{
deg. 11' 08" W., 218.5 feet to a drill hole in a concret
deg. 48' 52" E., 150 feet to a r,'dlroad spike; thence S.
to a steel pin; thence N. 58 deg. 48' 52" .E.~., 120.4 fee
TRUE PLACE OF BEGINNING.
acust Street and Fifteenda
g the northeastern Right-
ipe on the western co:met
.~er Four, as shown in Plat
the northwestern line of
sidewalk; Thence N. 3 I
: sidewalk; Thence N. 58
31 deg. 1 I'08" E., 68 feet
· to a steel pin, THE
Thence continuing N. 58 dcg. 48' 52" E., 143.63 feet to a steel pin on the
original west Right-of-Way line o£ Pennsylvania A' ~enue (formerly West
Street);
Thence S: 14 deg. 28' 22" E. along said Right-of.'C ?'ay line, 87.04 feet to a steel
pin; '
Thence
N.
86
deg. 04' 54" W., (5 feet norfl~ of and parallel to the' center line of
North Street) I24.67 feet to THE TRUE PLACE ~)F BE -
-: '- GINNIN(,.
Containing 5,987 square feet"and being subject to ~ [1 easements of record.
See Surveyor,S Report attached here,t~, as Exhibit A and ir corporated herein by
reference (hereinafter the "Premises
The Parties enter into this Sublease on the following, [-ERMS and
CONDITIONS:
Term and Rent: Parks Dept. hereby subleases the Prcmi., es to Boys &-Girls Club
for a term of Five (5) years commencing on October 1,: 000~ and terminating
September 30, 2005 on the terms and conditions contain~ d herein. Boys & Gifts
Club must pay to Parks Dept. the'sum of One Dollar ($1.(0) per year, for the use and
occupancy of the Premises.
Use: The parties to this Sublease'acknowledge that tlais Su' >lease is subject to the.
terms and conditions o.f the Lease between the Jeffersonvi; [e Housing. Authority and
the Parks Dept. dated '
, a col= ?- of whicl.~ is attached
hereto as Exhibit B and inco.tporated herein by reference, (hereinafter the "Lease':)
and the parties to this Sublease agree to be bound by the te .:ms of the Lease. It is '
further agreed that this .facility. will be used for the purpose o.f operating the Premises
as a youth-oriented educational, recreational and cultural fa :ility and community
center to be known as'
.
SPRING HILL COMMUNITY CENTER 'the "Fac/lit7'~
It is the intent of the parties that the Fac/lity'will be ¢ perated to meet a critical
need for additional youth acti~ties in. J effersonville' ] ndiana, and to address
the need in the community for a youth-oriented corn nun.i, ty center that will ~
include indoor and outdoor educational, recreation a~ td cultural facilities. The
Facility will be used to assist in promoting the edu, :ational and social, skills
needed, to 'instill_,. confidence in. the community you' h.
The Premises may be used for or.her pu.rposes that are in reeping with the policies of
the JeffersonviIle Parks Department and the Boys & G/fl., Clubs of' Ken. mckiana.
Care and Maintenance of Premises. Boys & Girls Clu~ acknowledges that the
Premises is in good order and repair. Boys & Girls Club ~ nust, at its own expense
and at all times, mainra.in the Premises in good, safe, clear, attractive and sanitary
condition, both inside and outside. The Boys & Girls Clul, must surrender the
Prem/ses at the termination, of this Sublease, in as good cc ndit/on as received normal
wear and tear excepted. ' ,
The Boys & Girls Club is responsible for al! .repairs and rc utin. e maintenance to the
Premises as required. However, major-structural repairs a~ td~or'replacements to t. he
roof, exterior wails, foundation, HVAC, electrical ,'md plm .~bing systems are the
responsibility of the Parks Dept. and/or the Jef£ersonville Housing Autl.~ority, as may
be more fully detailed in the Lease between the Jefferson.v/Lie Housing Authority and
the Parks Dept.
Alterations: Boys & Gifts Club may not make any alterat/( ns, additions, or
improvements, in, to, or aboUt flae Premises without f'zrst o bt,fining the Parks Dept.'s
written consent, and the Jeffersonville Housing Auth°dty,s written consent, which
consent will not be unreasonably withheld.
Ordinances and Statutes. Boys & Girls Club .must, at its: ole cost, comply with all
statutes, ordinances and requirements of ,xll municipal, stat~ and federal authorities
now in force, pertairfing to the usc of the Premiscs'mcludin ,~ all enviromental
standards. '
Assignment and Subletting: Boys & Girls Club may not ~ ssign this Sublease, or
sublet any port/on of the premises, without the w.dtten Con., ent of botl.~ the Parks
Dept. and the Jeffersonville Housing Authority. Any assign ment or subletting
without the required dua! consent is void and, may be treate -:1 as a default under this
Sublease. Provided, however, it is understood and agreed t}. at during times the
Premises ate not being Used by Boys & Girls Club for th~ ir regularly scheduled '-~
programming, Boys & Gifts Club may license the use of l he Premises, or a po.n/on
thereof, £or no more than 24 l~ours at a time, and for afe :, to third parties, who are
acceptable to the Parks Dept. and the Jeffersonville Horn ing Authori, ty, for civic,
recreational and social functions. All fees received by Bo ~s & (~irls Club pursuant to
said licenses shall belong to Boys & Girls Club.
Utilities: All applications and connections for necessary atili, ty services on the
Premises mu~t be made in the name of the Boys & Girls (21ub only, and the Boys &
Girls Club is solely I/able for utility charges as they becom ~ due, including tl~ose for
sewer, water, gas, electricity, and telephone services.
Ent.ty and Inspection: Boys & Girls Club must permit P
Jeffersonville Housing Authority or its agents, to enter up,
reasonable times and upon reasonable notice, for the pu.rp
Premises. The Boys & Girls Club will permit Parks Dept.:
Housing Authority, at any time wiflain sixty (60) days prior
Sublease, to place upon tl.~e Premises any usual signs, as m:
the Premises for Lease or Sublease, and. will permit person
Sublease to inspect the Premises. "'
trks Dept. and/or the
,n the Promises at
~se of inspecting the
nd/or thc Jeffersonville
to tie expiration of tS.tis
.y be needed, to advertise
; desiring to Lease or
Indemnification of Parks Dept. and Jeffersonville Hoc
Girls Club hereby waives all claims and'dema.rlds against
Jeffersonville Housing Authority, for all losses and damage
.merchandise in, upon or about the Premises, and for injuri,
about the Premises, from any cause whatsoever, arising at
resulting solely from the neg. ligence of thc Jeffe~sonville
Dept., then employees, agents or affiliated entities.: The B(
Parks Dept. and/or the Jeffersonvilte .Housing Authority, tl
affil/ated, entities, exempt and harm/ess from any liabilit7, 1o
account of any damage or injury to any person, or to the go
merchandise of any person, arising in any man. ncr from thc
or occupancy of the Premises.
sing Authority: Boys &
rks Dept. and/or
;to goods, wares and
s to persons in, upon or
ay time, except those
using Authority, the Parks
,ys & Girls Club will hold
tcir employees, agents and
.~s, cost or obligation on
>ds, wares and
Boys & (3i.r.l.s Club's usc
InsuranCe: Boys & Girls Club, at its sole cost and expense, but for the mutual
benefit of Parks Dept., the Jeffersonville Housing Authority and the Boys & Girls
Club, maintain pub[ic liability insurance, including liabilir., against claims for. personal.
injury, death, or proPerty damage occurring in, upon., or ~bout the Premises and on
any sidewalks directly idjacent to the Premises. 'l]~.e limi. t of liabiii, ty of such.
insurance may .not be less than: $1,000,000.00 for, injury, ~r death of one person,
$:3,000,000.00 in respect to any one occu~te=.c.e, and $1,0( 0,000.00 in respect to
pmpe.tty damage, or in such higher amounts as the pattie: may agree. All such.
policies of insurance must be issued in the name of
Parks Dept. and. the Jeffcrsonville Iqousing e B, ~ys & Girls Club with tl~?
Evidence Authority nan ~ed as additional insureds.
of the issuance of the required .insurance policie ~ must be delivered to the
Parks De t and tl~e ef£ers '
P · .onville H s . '
· J 'ou. in Authon at
? g, ty ti .e commencement of this
~ unease. The Boys & Girls Club must obtain a written ok Ii.Non on fl~e Part of each
insurance company to notify the Parks Dept. and "the Jeffe rsonville Housing
Authority, in writing, at least thirty (30) days prior to any c mcellation or material
change of coverage.
Eminent Domain. I ·
· £ thc Prermses, or any part thereof o 'any estate therein, or. any
other part o£ the btfilding materially affecting the Boys & (;irls Club's use of thc
Premises, is taken by eminent dorn'~in, this Sublease w/il te :minatc on the date when
title vest~q pursuant to the taking.
Destruction of Premises- If the Prem/ses are partially des :roved during the term. of
this Sublease, from any cause, Parks Dept. must repair the
' name wit.kin a reasonable
ume, but such parual destruction ~ not terminate this Sul ~lease. A total destruction
of the build.hag On the Premises will. term/hate this Sublease
Parks Dept. Remedies on Default: If the Boys & (3irls (:lub defaults in the
performance of any of tl.~e covenants or conditions hereof, Parks Dept. may give hhe
Boys and Girls ClUb written notice of the default. If the Bo' rs & Girls Club does not.
cure the default w/.~n thirty O0) days, after its receipt of ti:. ~. written notice (or if the
defatflt is of such nature that ir cannot be completely cured vithin such period, if the
Boys & Girls Club does not commence to cure the default ~ rithin thirty (30) days and
thereafter proceed with reasonable diligence and in good raj ~h to cure the defat~lt),
then Parks Dept. may terminate this Sublease immediately, the Boys & Girls Club
must then quit and surrender the premises to Parks Dept. ~ 'he Boys & ('3ids Club'
will remain liable as hereinafter provided. If Parks Dep'r.. tm minates this Subl.ease,
Parks Dept. may, at any t/me thereafter, assume possession, ~f the premises by any
lawftfl means and remove the Boys & GiNs Club or other or :upants and their e£fects.
No failure to enforce any term of this Sublease. will be d, ~e.mcd a waiver.
-,
Attorney Fees. If either party must take legal action eitk er to enforce the provisions
o.f this Sublease, or because'of any act that arises out of tl t¢ possession and use of the
premises, the prevailing party is entitled to recover all cos :s incurred in connection
with such action, including reasonable professional and al ~orney(s) fees.
..
Notices: Any notice that., either party must give under th: s Sublease, must be given
by mM. ling the same, postage prepaid, to the other parry at the address shown below:
Jeffersonville Parks Department
4~h Floor, .City-County Building
Jeffersonvdle, IN 47130
The Boys & Girls Club, Inc.
640 Barrett Avenue
Louisville, KY 40204
or at such other place(s) as the parties may designate from /me to time.
Heirs, Assigns, Successors: This Sublease is binding up{ .n and inures to the
benefit of the heirs, assigns and successors in interest to tN.parties.
Entire Agreement: The foregoing constitutes the enm'e a. 7cement between the
parties and may be modified only by a writing signed by bo"h parties. ~
Dated . ,, [ Time
The Boys and Girls Club ~, Inc. d/b/a Boys &
Girls Clubs of Kentuckia; ta
By:
Dated__. _ _ /
7itle
Time_
Jeffersonv/lle Board of >arks and Recreation
Tide
~ OF THE
HOUSING, "~tlORITY
,, ,, WHEREAS, The I'ISSION
Facititv,,~ ~ .... ~~e~ constru~n~ ~, ~o~s~ng Author'
- ~ '~ca~ed at ~423 ~--~ ~-': ~ me 8PRING ~t~ (Hereinafter referre~ to as . ' ,
,-""nsYlvania AVenue, d~~~I COMMu~I~ CENT~ "
- Sonville ~..,_ R (the
WN~R~g, The JHA, , ,-u,ana 47130; and
development of this r ' in order to f~lfili the
necessa P O~ect for* PUrpos,
~ that th . ~ts use ~and intent
Depa~ ~ e JHA enter' _ a~ a youth.off of the
_ , _ m~nt (Hereinaf * _ mt0 a lease _ ente( ,~ommunity cent?, it is
such.purpose. ~~ ter referrea to ~
=~ .h the Jeffersonv~lle
" P' ), ,~- 'he use of the 'c--,,..Pa. rks
A
,
lease
WHEREAs, has now been prepared for the purpose of allowing' the
Parks Dept. to ta~e pOSsession and control of the Facility, l~r SUch Purposes, as more
~a~icularly set out in said lease, Ia Copy of Which is attach~ d as Exhibit "A" and
incorporated herein. 5y reference]; and
WHEREAS,for the purposelt is ofnecessarYaitowing forthethe JHA to approve th, , use of this/ease, as
written' It is necessa~ for Parks Dept. to take c( ntrol of the Facility; and
W~~AS' the JHA to grant author ty for the execution of this
Lease with the Parks Dept,; and
WHEREAS, The JHA desires that Carroll G. Gowens e ~ecute this lease in his
official ~pacity Within the JHA, and on behalf of the JHA;
' , ~ ·
NOW, THEREFORE, BE IT RESOLVED that the Com~ ~ssion of the
Jeffersonville Housing Authority hereby theapPr°veSjeffersonviilethe lease, at ~hed as Exhibi~ "A", as
written, for use in leasing the F;acility to
the Commission fuAher grants authority, for the execution ofPark~ ~ Depa~ment,sa d lease by Carmiland G.that
Gowens in his official ~pacity within the Jeffersonville 'Housin~ Authority, and on its
behalf.
SO RESOLVED THIS
DAY OF $.EPTEMBER, 20( ,3,
JEFFERSONVILLE HC ~usING AUTHORITY