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HomeMy WebLinkAboutCity County Bldg. Evidence RoomRALPH GUTHRIE VICKY KENT-HAIRE M. EDWARD MEYER BOARD OF COMMISSIONERS CLARK COUNTY City-County Building Jeffersonville, Indiana 47130 812-28S-6276 812 285-6275 FAX 812-285-6566 HYUN T. LEE, Engineer DANIEL E. MOORE, Attorney Augustl,2006 The Honorable Robert Waiz, President The Honorable Les Merkley Board of Public Works City of Jeffersonville, 4th Floor City-County Building Jeffersonville, IN 47130 MEMORANDUM OF LEASE AGREEMENT Dear Mayor Waiz and Mr. Merkley: This Memorandum confirms that we have reached an agreement (~vhich will be reduced to lease form hereafter) for the future leasing of space, presently occupied by the Jeffersonville Police Department, in the City-County Building, Jeffersonville, Indiana, for continued occupancy of the downstairs gun range as a Jeffersonville Police Department evidence room. As our offices have discussed, individually and through our representatives, it is the request of the City of Jeffersonville ("City") to lease space in the City-County Building (the "Building") from the County of Clark ("County") so as to maintain the presence of the Jeffersonville evidence room in the Building. You have told us that the move to the City Hall will likely be concluded by mid to late summer, 2006. This Memorandum is to begin the process of memorializing the terms of our agreement so that both the City and County can proceed in planning with some level of certainty for the future. It is the County's understanding that this lease agreement will be approved by the Jeffersonville Board of Pubtic Works on or before June I, 2006. We have agreed to the following terms, which I ask the Mayor to co-sign and return to me: 1. The City will receive rental-based possession of the 2,920 sq. ft. pistol range space at no rental charge for thirty-six (36) months after first occupancy in 2006. In the next year following (for the term stated below), the County will lease this area to the City (in the August 1,2006 Page 2 basement - past and current usage as Jeffersonville Police gun firing range), to be used only as an evidence storage room by the Jeffersonville Police Department to provide storage; 2. The entire lease term shall actually be for ten (10) years and four (4) months. The last four (4) months of 2006 shall be counted in the thirty-six (36) month "no-charge" period. 3. After the thirty-six (36) month "no-charge" period ends, the rental rate shall be $3.77 per sq. foot until December 31, 2010. Effective January I, 2011, the rental rate shall increase as shown on the attached "Exhibit A." Effective January 1,2011 and for all years of the lease thereafter, the City shall be required to pay 50% of all rents due to the County before January 31 of each lease year and the remaining 50% shall be due and payable before June 30 of each full twelve (12)-month lease year. 4. The City shall have the option, subject to the "Exceptional Circumstances" section described below, to renew the lease for subsequent ten (10) year periods after December 31,2007 by delivering written notification of such intention to the President of the Board of County Commissioners, in writing, at least ninety (90) days prior to that date. Upon renewal terms being sought in this manner, the annual rental rates shall be adjusted by 1-1/2% for each year of a ten (10)-year renewal term after December 31,2017. 5. The County will provide electricity and water service to the evidence room areas during all years the lease is in effect at no expense to the City. The County shall also provide heating and air conditioning systems on an "as is" basis in the storage/evidence room space at no cost to the City. The County will be responsible for routine maintenance of heating, electrical, water and air conditioning systems to the leased area. The City will be responsible for its own telephone equipment, wiring and service, cable wiring and service, internet wiring and service and for all computer services that operate in the City area; 6. The contact offices for all matters pertaining to the lease will be as follows: FOR THE CITY FOR THE COUNTY Office of the Mayor City Hall Quartermaster Drive Jeffersonville, IN 47130 Office of the Bd. of Comm'rs of Clark County; Attn: President County Bldg., 501 E. Court Avenue Jeffersonville, 1N 47130 7. The parties agree that the City will be solely responsible, in light of its continued occupancy of the gun range/new evidence room area (and in view of its past usage there) for all environmental cleanup responsibilities connected with the lead that may be located in that area. Consistent with the City-County Building closing documents of 2001, and since the City has always been the party in possession during all of the years of gun range usage, the City agrees to August 1,2006 Page 3 forever indemnify and hold the County harmless from any debt, expense or liability arising from its past usage as the City gun range and any lead or environmental contamination in that area. 8. Exceptional Circumstances. Should the situation arise under a state or federal law requirement or upon development of a valid need for county office space that arises during any ten (10) year lease period after January 1,2007, the County shall have the right to terminate this lease prior to the next following ten (10) year anniversary/renewal date. To effectuate such termination, the County shall issue a written notice to terminate and deliver it to the Mayor of the City at least ninety (90) days prior to the beginning of any ten (I 0) year renewal term. 9. The City, at its option, may terminate this lease if it no longer needs the space, upon a ninety (90) day written notice to terminate, delivered to the President of the Board of County Commissioners, subject to the ongoing legal responsibility of the City to cure lead-based and other environmental risks or hazards, as required by law, in that area. 10. All disputes under the lease agreement shall (first) be referred to a mediation process (parties to agree on a mediator or Circuit Judge requested to name a panel of three (3) fi'om which City shall strike first. The County shall strike a name next and the renaming person is to be mediator) for one attempt to settle the dispute at hand before any party may sue in court with respect to the lease. This Memorandum of Lease represents the primary terms of our agreement. We believe it is an accurate reflection of what has been discussed and negotiated to date. If you believe the same to be true, I would appreciate it if you would sign a copy of this Letter of Agreement and return it to our office. The County Council has already voted to approve a lease of this space to the City. This formal Lease Agreement can be signed and executed between the Board of Commissioners of Clark County and the Mayor of the City through the Board of Public Works before June 1,2006. Very truly yours, M. E~w'ard Meyer, President/ APP V~AL BYe: Board of Commissioners of Clark County May;'F"'a~d Preslen( Board of Public Works City of Jefferspville, Indiana Augustl.2006 Page 4 ATTEST: C"~er~J~r~asurer, City of J~sonviige EXHIBIT A ATTEST: Auditor of Clark County YEAR Storage Ama 2,920 Sq. Ft. Rate TOTAL 2011 $3.82 $11,154.40 2012 $3.87 $1t,300.40 2013 $3.92 $11,446.40 2014 $3.97 $11,592.40 2015 $4.03 $11,767.60 2016 $4.09 $11,942.80