HomeMy WebLinkAboutCarnegie Library LeaseREAL ESTATE LEASE
THIS LEASE is made and entered into as of the [] day of April, 2006, by and between the
City of Jeffersonville ("Landlord") and the Jeffersonville Carnegie Library Foundation, Inc.
("Tenant").
WHEREAS, Landlord and Tenant now desire to execute this Lease (the "Lease") upon the terms
and conditions set forth;
NOW THEREFORE, the parties agree as follows:
PROPERTY. Landlord herby leases and lets to Tenant, and Tenant hereby takes
and hires from Landlord, upon and subject to the terms, conditions, covenants and
provisions hereof, all that certain vacant land, situated in Clark County, Indiana,
as described in Exhibit A, including the drainage easement, and Exhibit B
annexed heret6'and made part hereof (the "Propertf').
TERM AND RENT. Landlord demises the Property commencing on April 1,
2006 and to be terminated on April 1, 2115. Rental payments are One Dollar
($1.00) per year payable on the 1s~ day of May of each year during the term of the
lease..
USE. Tenant shall use the Property as the location for the Timeline of Liberty
bronze panels or in relation thereof.
ORDINANCES AND STATUTES. Tenant shall comply with all statutes,
ordinances and requirement~ of all municipal, state and federal authorities now in
force, or which may hereinafter be in force, pertaining to the premises, occasioned
by or affecting the use of such premises by Tenant.
a. Landlord shall not charge Tenant a tap-in fee for use of the drainage
easement described in Exhibit A.
ASSIGNMENT AND SUBLETTING. Tenant shall not assign this lease or sublet
any portion of the premises.
RISK OF LOSS. Tenant shall bear the Risk of Loss arising from damage to or
loss of Tenant's personal property and trade fixtures located on the Property.
"AS IS." Tenant hereby acknowledges and agrees that it has inspected the
Property, that it is completely familiar with the condition of the Property, and that
it will accept possession of same "as is."
10.
11.
12.
13.
MAINTENANCE OF THEP~OPE~TY:
Tenant shall, at all times during the Term of this Lease, and at its own cost
and expense, perform necessary routine maintenance of the Property,
including landscaping; however, Landlord shall maintain the grass mowing.
b. Tenant agrees to keep, at Tenant's expense, the Property in a clean, sightly
and healthful condition.
ALTERATIONS, REPLACEMENTS. Tenant may at its own cost and expense,
make alterations, changes, replacements, improvements and additions to the
Property.
DEFAULT. If Tenant fails to pay rent or other charges due under this lease
agreement, or otherwise defaults with respect to any provision of this lease
agreement, Landlord shall have the absolute right to pursue any available remedy
to protect its interests.
INDEMNITY. Tenant shall indemnify Landlord against any and all expenses,
liabilities, and claims of every kind, including reasonable counsel fees, by or on
behalf of any person or enfi/y arising out of either (1) a failure by Tenant to
perform any of the terms or conditions of this lease agreement, (2) any accident,
injury or damage happening on or about the demised premises or appurtenances,
or on or about the adjoining premises, (3) failure to comply with any law of any
governmental authority.
Except for claims arising out of acts caused by the affirmative negligence
or omission of the Landlord or its representatives, the Landlord shall
indemnify and defend the Landlord and the demised premises, at the Tenant's
expense, against all claims, expenses, and liabilities arising from (a) the
management of or any occurrence on or about the demised premises; (b) any
default by the Tenant hereunder; or (c) any act or negligence of the Tenant or
its agents, contractors, employees, or licensees.
HEIRS, ASSIGNS, SuccEssoRs. This lease is binding upon and inures to the
benefit of the heirs, assigns and successors in interest to the parties.
ENTIRE AGREEMENT. The foregoing constitutes the entire agreement between
the parties and may be modified only in writing signed by both parties.
IN WITNESS WHEREOF, the parties have signed on th_is the date first above written.
LANDLORD:
CITY OF JEFFERSONVILLE
TENANT:
JEFFERSONVILLE CARNEGI~E LIBRARY
FOUNDATION, INC.
Tom Lindle~, C~airma~ !~)
David R. Blankenbeker, P.L.S.
Te'rry A. Kendall, P.L.S.
EXHIBIT A
Howard R. Blankenbeker (1905-1974)
Rollyn H. Blankenbeker (1934-1994)
Blankenbeker & Son
Land SurVeyors Inc., P.C.
Established 1945
422 Meigs Avenue
Jeffersonville, Indiana 47130
(812) 2824183
(812) 282-4197 FAX
P.O. Box 157
Jeffersonville, Indiana 47131-0157
January 13, 2005
DESCRIPTION OF 4215 SQUARE FEET IN WARDER PARK
Being a part of Warder Park in the City of Jeffemonville, Clark County, Indiana and being further described as follows:
. Beginning at a drill hole on the southeast comer of said Warder Park, same being the nnrthwest comer of Court Avenue and
Wall Street; Thence N.31 °2 l'I2"W., along the southwest Right-of-Way line of said Wall Street, 154.59 feet to a steel pin; Thence
S.58°27'48"W., I38.5 feet to a steel pin; Thence S.31 °21'12"E., 10.2 feet; Thence S.58°57'06"W., 27.43 feet; Thence S.56°56'48"W.,
29.62 feet; Thence S.59°01'38"W., 32.88 feet; Thence S.31°14'41"E., 5.17 feet to THE TRUE PLACE QF BEGINNING:
Thence N.58°45'lg"E.; 33.86 feet;
Thence S.47°13'18"E., 5.71 feet;
Thence S.20° 16'09"W., 52.4 feet;
Thence 68.91 feet along a non-tangent curve to the left having a radius of 51 feet end a chord that bears S.54°03'39"W., 63.79
feet; .
'Tlience N. 83°58'I8"W., 68.55 feet;
~' ThenceN.23°06~16"W., 1.68 feet;
Thence N.58'37'51"E., 62.8 feet;
Thence N.58'45'19"E., 60.67 feet tc THE TRUE PLACE OF BEGINNING.
Containing 4215 square feet end being subject to all easements ofmenrd. Also the right to use the following described
drainage easement:
Beginning at a drill hole on the southeast comer of Warder Park, same being the northwest comer of Court Avenue end Wall
Street; Thence N.31 °21'12" W., along the southwest Right-of-Way line of said W all Street, 154.59 feet to a steel pin; Thence
S.58°2T48"W., 138.5 feet to a steel pin; Thence S.3I°21'12"E., 10.2 feet: Thence S.58~57'06"W.. 27.43 feet; Thence S.56°56'48"W.,
29.62 feei; Thence S.59'01'38"W., 32.88 feet; Thence S.31°14~41"E., 5.17 feet; ThenceS.58u45'19"W., 60.67 feet; Thence
S.58°37'51"W., 62.8 feet; Thence S.23°06'16"E., 1.68 feet; lYhence S.83°58'18"E., 30.35 feet to THE TRUE PLACE OF
BEGINNING:
Ther, ce continuing S.83'58'18"E., 8.2 feet;
Thence S.58628'45"W., 37.05 feet to the northeast Right-of-Way line Spring Street;
Thence N.31 °20'24"W., along said Right-of-Way line, 5 feet:
Thence N.58°28'45"E., 30.53 feet to THE TRUE PLACE OF BEGINNING.
Containing 169 square feet.
This description prepared from deeds and maps of record. No surveying done this date.
Filed: 17821 desc2
David R.. Blankenbeker, P.L.S.
Terry A. Kendall, P.L.S.
422 Meigs Avenue
Jeffersonville, Indiana 47130
EXHIBIT B
Blankenbeker & Son
Land SurVeyors Inc., P.C.
Howard R. Blankenbeker (1905-1974)
Rollyn H. Blankenbeker (1934-1994)
Established 1945
(812) 282-4183
(812) 282-4197 FAX
January 13, 2005
DESCRIPTION OF 3631 SQUARE FEET IN WARDER PARK
P.O. Box 157
Jeffersonville, Indiana 47131-0157
Being a part of Warder Park/n the City of Jeffers6nville, Clark County, Indiana and being further described as follows:
Beginning at a drill hole on the southeast comer of said Warder Park, same being the northwest comer of Court Avenue and
Wall Street; Thence N.31 '21'12"W., along the southwest Right-of-Way line of said Wall Street, 154.59 feet to a steel pin; Thence
S.58627'48 "W., 138.5 feet to a steel pin, THE TRUE PLACE OF BEGINNING:
Thence S.31°21'12"'E., 10.2 feet;
Thence S.58°57'06"W., 27.43 feet
Thence S.56'56'48"W., 29.62 feet
Thence S.59°01'38"W., 32.88 feet
Therme I'I.31'31'15"W., 40.43 feet to a steel pin;
Thence N:58'27'48"E., (passing through a steel pin at 88.03 feet) 90.03 feet to a steel pin;
Thence S.31'21'12"E., 30 feet to THE TRUE PLACE OF BEGIN'NING.
Containing 3631 square feet and being subject to all easements of record.
This description prepared from deeds and maps of record. No surveying done this date.
Filed:17821descl