Loading...
HomeMy WebLinkAboutJeff-Clark Preservation Society Lease LEASE This lease, made and entered into as of the 16 day of Wel , 2011 by and between the Civil City of Jeffersonville, hereinafter called "Landlord ", and the Jeff -Clark Preservation Society, hereinafter called "Tenant ", WITNESSES: ARTICLE I LEASE OF THE PREMISES Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon and subject to the terms and provisions of this lease, the real estate described in Exhibit A, attached hereto and hereby made a part hereof and with all easements and appurtenances thereunto belonging, all of which premises will be referred to hereinafter as the "Premises ". ARTICLE II CONSTRUCTION OF RAILROAD STATION Landlord agrees that it will allow the Tenant to continue to display and operation its structure, referred herein as the "Railroad Station" so long as the structure meets all local, State and Federal regulations as to building and mechanical codes. Furthermore, Landlord agrees to allow Tenant to display a full size Railroad Caboose with track and crossing signal. ARTICLE III TERM The term of this lease is for a period of twenty (20) years. The beginning date of this term shall be the date set forth herein as the date this lease was entered into, with the first year of the first term to be 2012. Tenant shall have an option to extend this lease for two (2) additional terms of twenty (20) years. This option shall commence at the expiration of the aforementioned term. Notice of intention to exercise the option shall be given by the Tenant to the Landlord in writing at lease thirty (30) days before the expiration of the original term above. If Tenant fails to give any such notice within the time set forth, the option shall expire and be of no force or effect. The exercise of such option to extend shall be ineffective if on the last day of the prior term there shall be anY P Y P an existing Event of Default as defined below. ARTICLE IV RENT Tenant agrees to pay Landlord at the office of the Clerk- Treasurer, and/or the office of Controller, which every shall exist at the time, at 500 Quartermaster Court, City Building, Jeffersonville, IN or at such other place or places as Landlord shall designate from time to time in writing, a fixed annual rent of Ten Dollars ($10.00), payable in advance on the T day of December, of each calendar year during the Term. ARTICLE V PUBLIC UTILITIES The Tenant shall continue, at its expense, provide the necessary mains and conduits to furnish water, gas, telephone, electricity and sewer service to the premises. In addition, Tenant shall continue to pay all charges for utility products and services used on the Premises by Tenant. ARTICLE VI USE OF PREMISES The Premises may be used and occupied for any lawful purpose. Tenant agrees to use the Premises in such a manner so as not to in any manner inhibit the use of the adjoining property know as the Clark Arms Park. ARTICLE VII REPAIRS All repairs, replacements or improvements to the Premises shall be made by the Tenant and the same shall be kept at all times in good order, condition and repair by Tenant, and in a clean, sanitary and safe condition in accordance with all applicable laws, ordinances and regulations of any governmental authority having jurisdiction. ARTICLE VIII SIGNS AND ALTERATIONS Tenant may, if it desires and at its own cost, install one sign on the premises, which sign shall be appropriate to the premises and the area. Tenant shall be responsible for obtaining permit for the location of said sign from the appropriate officials. ARTICLE IX INDEMNITY AND INSURANCE GENERAL INDEMNITY: Tenant shall indemnify and hold Landlord harmless at all times during the Term from and against any and all loss, damage, cost or expense on account of any claim (valid or invalid) for any injury (including death) or damage, either to person or property, sustained by Tenant or by any other person, which arises out of the use and occupancy of the Premises by Tenant or the ownership of the same by Landlord, and on written request of Landlord, shall at Tenant's expense appear for and defend Landlord in any action to which Landlord may be made a party arising out of any such claim for injury or damage. CASUALTY INSURANCE: Tenant shall keep the structure known as the "Railroad Station" insured throughout the Term against loss or damage by fire and other such risks as are normally and customarily covered by so-called "extended coverage endorsement" for the full replacement value thereof or to the extent which Tenant believes to be necessary. Tenant shall be solely responsible to Landlord for any damages which are to Landlord's property as a result of any fire or other occurrence which happens or occurs on the Premises. Tenant shall be solely responsible for the restoration of any improvement on the Premises should it be partially or totally destroyed or damaged by fire or other casualty. Tenant agrees to procure and maintain during the Term a Police or policies of insurance written by a responsible insurance company or companies, doing business within the State of Indiana, and approved by the Jeffersonville Board of Public Works and Safety, insuring Landlord and Tenant for any and all losses, claims, demands or actions for injury to or death of any one or more persons in any occurrence to the limit of not less than 51,000,000, and for damage to property in an amount not less than $500,000, arising from Tenant's conduct and operation of its business or activities in the Premises, and to famish to Landlord annually certificates evidencing the existence thereof. ARTICLE X EMINENT DOMAIN If the entire Premises be taken by any authority, other than the City of Ieti'ersonville, for any public purpose under the right and power of eminent domain, then this lease shall terminate effective on the date on which Tenant is deprived of physical possession, and each party shall look to the taking authority for compensation for any and all damage, loss or injury it may have suffered as a result of such taking. In the event any portion Tess than the whole of the Premises be taken by any authority, other than the City of Jeffersonville, for any public purpose under the right and power of eminent domain, such taking shall neither terminate this lease nor affect the liability of Tenant during the remainder of the Term to pay the full rent without any abatement or diminution thereof (except as expressly provided in this Article) and to perform all of the covenants contained in this lease the same in every respect as though such portion of the Premises had not been taken for such public purpose; provided, however, that in that event, if a part of the building has been taken, Tenant, at its own expense, shall restore or remodel the portion retraining to a building suitable for its purposes, in the event Tenant desires to retain said building. ARTICLE XI REMEDIES Each party to this agreement shall have all remedies provided by law in the event of default by the other party. ARTICLE XII ASSIGNMENT AND SUBLETTING Tenant may not assign this Lease nor may Tenant sublet the Premises, or any part thereof, without the consent of Landlord. ARTICLE XIII TAXES Tenant shall be required to pay any and all real estate taxes and assessments on the Premises should any occur. ARTICLE XIV ACCESS TO PREMISES Landlord shall have the right to enter upon the Premises at any reasonable times for the purpose of inspecting the same or for the purpose of exhibiting the Premises to Prospective purchasers or mortgagees. Landlord shall also have the right to enter upon the Premises at any reasonable time for the purpose of making such repairs as are necessary to maintain the safety and welfare of the community. ARTICLE XV NOTICES Whenever under this Lease a provision is made for notice of any kind, such notice shall be in writing, and it shall be deemed sufficient notice and service thereof if such notice is to Tenant and sent by registered or certified mail, postage prepaid, to the general offices of Tenant located at , or to such other address of Tenant fumished to Landlord for such purpose; and if to Landlord, sent by registered or certified mail, postage prepaid, to Landlord at the Office of the Mayor, S00 Quartermaster Court, City Building, Jeffersonville, IN 47130, or at such other address of Landlord finished to Tenant for such purpose, or to the place then fixed for the payment of rent. Employees of Tenant at the Premises are not authorized to receive any such notice on behalf of Tenant. ARTICLE XVI SURRENDER OP POSSESSION At the expiration of the tenancy created hereunder, whether by lapse of time or otherwise, Tenant shall surrender the Premises in good condition and repair, reasonable wear and tear, loss by fire or other casualty and acts of God excepted. In the event Tenant remains in possession of the Premises with the consent of Landlord after the expiration of the tenancy created hereunder, and without the execution of a new lease or an extension of this lease, it shall be deemed to be occupying the Premises as a Tenant from month to month at the same annual rent rate and subject to all the other conditions, provisions and obligations of this Lease insofar as the same are applicable to a month to month tenancy. ARTICLE XVII GENERAL PROVISIONS The laws of the State of Indiana shall govern the validity, performance and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. The headings of the several articles are for convenience only and do not define, limit or construe the contents of such Articles. All negotiations, considerations, representations and understandings between the parties are incorporated here, and may be modified or altered only by agreement in writing signed by the parties to be bound. Whenever provisions are made in this Lease for Tenant to secure the consent or approval of Landlord, such consent or approval shall not be unreasonably withheld, conditioned or delayed. Whenever this Lease requires any act (other than the payment of a liquidated sum of money) to be performed by a certain time or within a certain period of time, the time for the performance of such act shall be extended by the period of any delays in such performance caused by war, strikes, lockouts, civil commotion, unpreventable material shortages, casualties, acts of God or other conditions or events beyond the control of the party required to perform such act. Whenever the singular or plural number, or masculine, feminine or neuter gender is used herein, it shall equally include the other, and the terms and provisions of this instrument shall be construed accordingly. The covenants, agreements and obligations herein contained shall extend to, bind and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Lease in several counterparts, each of which shall be deemed an original instrument, as of the day, month and yaer first above written. >2 -� 11 M ayor, Tom Galligan President- Jeff -CI:.' Preservation Society � . CJA y.o 'Art , Printed Name