Loading...
HomeMy WebLinkAbout1423 BATES BOWYER AVE REAL ESTATE LEASE This Lease ("Lease") is dated as of the I day of June, 2018, by and between the Jeffersonville Housing Authority by and through its Board of Commissioners, a public housing agency, duly organized and existing under the laws of the State of Indiana and the United States("Landlord"), and the City of Jeffersonville, Indiana, by and through its Parks Authority, an Indiana municipal corporation duly organized and existing under the laws of the State of Indiana ("Tenant"). In consideration of the rents, and mutual covenants contained in this Lease, Landlord and Tenant agree as follows: 1. PREMISES& USE. Landlord leases to Tenant and Tenant rents from Landlord the space in the building located at 1423 Bates Bowyer Ave.,Jeffersonville, IN 47130,commonly known as the Jeffersonville Boys and Girls Club building, as described on Exhibit A, attached hereto and incorporated herein (the "Premises"), containing approximately /// square feet, with all equipment, appurtenances, and accessories related thereto. Tenant will use the Premises for the sole purpose of providing summer youth programming consistent with the administration and operation of the Jeffersonville Parks Department,including but not limited to summer youth camp activities. 2.TERM. The term of this Lease is for period beginning on the 1st day of June,2018 and ending on the 31st day of August, 2018(the"Term"). 3. RENT. Tenant agrees to pay Landlord, without notice or demand, annual rent, payable monthly, in advance, on the twenty-fifth (25th)day of each month during the Term of this Lease in the sum of$1.00 per month. 4. POSSESSION. Tenant is in and shall be entitled to remain in possession of the Premises on the first(15t)day of the Term of this Lease, and Tenant must yield possession of the Premises to Landlord on the last day of the Term of this Lease, unless both parties agree otherwise in writing.At the expiration of the Term,Tenant must remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted. 5. STORAGE. Tenant is entitled to store items of personal property on the Premises relating to its operations during the Term of this Lease. Landlord is not liable for loss of, or damage to, Tenant's personal property. If Tenant vacates or abandons the Premises or is dispossessed by process of law, any of Tenant's personal property left on the Premises will be deemed abandoned at the option of the Landlord and will become the Landlord's property. 6.ALTERATIONS. Tenant may not materially improve or materially alter the Premises in any manner without the Landlord's prior written consent, which consent may not be unreasonably withheld. All improvements or alterations erected or made on the Premises will belong to the Landlord upon expiration,or sooner termination,of this Lease. 7. REPAIRS & MAINTENANCE. Landlord shall be responsible for the cost of maintaining the roof, outside walls, and other structural parts of the building. Tenant is responsible for day-to-day cleaning of the Premises and such maintenance as is required to offset normal wear and tear resulting from its use. 8. LIENS. Nothing in the Lease may be deemed or construed in any way as constituting the consent or request of the Landlord, express or implied, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to, or repair or maintenance of, the Premises or any part thereof, nor as giving the Tenant any right, power or authority to contract form or permit the rendering of any services, or the furnishing of any materials that would give rise to the filling of any lien against the Premises. 9. RELEASE OF LIENS. If any mechanics', laborer's or materialman's lien is filed against the Premises as a result of Tenant's maintenance, alterations or improvements to the Premises, the Tenant, within thirty (30) days after notice of the lien's filling, must cause the lien to be discharged of record by whatever means necessary. If the Tenant fails to discharge the lien within the thirty (30) day period, then in addition to other remedies Landlord may have, Landlord 1 may,but is not obligated to,discharge the lien by whatever means Landlord deems necessary in its sole discretion.Any costs Landlord incurs in discharging the lien, including reasonable attorney fees and costs,together with interest at the rate of twelve percent(12%) per annum, constitute additional rent under this Lease, and Tenant must pay this rent to Landlord on demand. 10.LEASEHOLD MORTGAGES. Tenant may not mortgage or pledge this Lease. 11. UTILITIES AND SERVICES. Tenant must timely pay for all utilities and services Tenant incurs in connection with the Premises. Any utility or service charges Tenant allows to become delinquent constitute additional rent under this Lease,and Tenant must pay this rent to Landlord on demand. 12. INSURANCE. Landlord must keep the building of which the Premises are a part insured against loss or damage by fire.All insurance required by this provision is carried for the sole benefit of the Landlord. Tenant must,at its sole expense,maintain public liability insurance,issued by companies reasonably satisfactory to Landlord,against claims for general liability,bodily injury and property damage occurring in or about the Premises in a minimum amount of One Million Dollars ($1,000,000.00) per occurrence. Upon request by Landlord Tenant shall provide Landlord with appropriate proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord and reflecting Landlord as an additional named insured.Landlord must receive advance written notice from the insurer prior to any termination of Tenant's insurance policies. Tenant is responsible for maintaining fire and extended coverage insurance on its personal property. 13. INDEMNIFICATION. Unless caused by the negligent act or omission of Landlord, its agents and employees, neither Landlord nor it agents or employees shall be liable for, and Tenant waives all claims for, damage, including but not limited to consequential damages,to person,property or otherwise,Tenant,or any person claiming through Tenant, sustains resulting from any accident or occurrence in or upon the Premises, including but not limited to damage resulting from: (a) any equipment or appurtenances for which Landlord is not responsible becoming out of repair, (b) injury done or caused by wind, water or other natural element; (c) any defect in or failure of plumbing, heating or air conditioning equipment, electric wiring, gas, water and steam pipes, stairs, porches railings or walks; (d) broken glass; (e) the backing up of any sewer pipe or downspout; (f) the bursting, leaking or running of any tank, tub, washstand, water closet, waste pipe, drain or any other pipe or tank in, upon or about the building or Premises; (g)the escape of steam or hot water,(h)water,snow or ice upon the premises; (i)the falling of any fixture,plaster or stucco; (j)damage to or loss by theft or otherwise of Tenant's property or others' property; and (k) acts or omissions of persons in the Premises or any other persons or entities in the building or on Landlord's property. Tenant must indemnify and hold Landlord harmless against all expenses, liabilities, and claims of every kind, including reasonable attorney fees,arising out of either(1)Tenant's failure to perform any of the terms or conditions of this Lease, (2) any injury or damage occurring on or about the Premises, except for injury or damage caused solely by Landlord's, Landlord's agents or employees, or another tenant's, negligent acts or omissions, (3) Tenant's failure to comply with any law of any governmental authority, or (4) any mechanic's lien or security interest filed against the Premises or equipment, materials or alterations of the Premises arising from Tenant's maintenance, improvements or alterations to the Premises. 14.TAXES.Landlord and Tenant agree and acknowledge that,because both are tax-exempt entities,they do not anticipate any real estate,personal property or any other taxes or assessments will accrue as a result of the Tenant's use and occupation of the Premises. However, if any taxes accrue as a result of Tenant's failure to submit any documentation necessary to acquire or maintain its tax-exempt status,Tenant, and not the Landlord, is responsible for payment of any such taxes. 15.ASSIGNMENT&SUBLETTING.Tenant may not assign this Lease, nor may Tenant sublet the Premises or use the Premises for any purpose other than as provided in this Lease without the written consent of the Landlord,which consent Landlord may not reasonably withhold. 2 • 16. SUBORDINATION. This Lease and Tenant's rights hereunder are subject and subordinate to the lien of any and all mortgages, renewals, modifications or extensions of mortgages, that now or may hereafter affect the Premises. Tenant must execute, acknowledge and deliver to Landlord, on Landlord's demand, any and all instruments that Landlord deems necessary or proper to subordinate this Lease and all Tenant's rights herein to the lien of any mart ages, renewals, modifications or extensions of mortgages. Tenant hereby designates Landlord its attorney-in-fact for the purpose of executing,acknowledging and delivering any subordination instrument Landlord requires, if Tenant fails to do so immediately upon Landlord's demand. 17. CONDITION OF PREMISES.Tenant hereby accepts the Premises in its existing condition and state of repair. Tenant agrees that Landlord has made no representations,statements or warranties,express or implied,with respect to the condition of the Premises except as contained in this Lease. Landlord is not liable for any latent defects. 18. DESTRUCTION OF PREMISES. If the Premises are partially destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use of the Premises in a normal manner, and if the damage is reasonably. repairable within sixty (60) days after the occurrence of the destruction, and if the cost of repair is less than Ten Thousand Dollars ($10,000.00), Landlord shall repair the Premises and a just proportion of the rent shall abate during the period of the repair according to the extent to which the Premises have been rendered untenantable. However, if the damage is not repairable within sixty days,or if the cost of repair is Ten Thousand Dollars($10,000.00)or more,or if Landlord is prevented from repairing the damage by forces beyond Landlord's control, this Lease shall terminate upon twenty (20) days written notice of such event or condition by either party, and any unearned rent paid in advance by Tenant shall be apportioned and refunded to it. Tenant shall give Landlord immediate notice of any damage to the Premises. 19. DEFAULTS. Tenant is in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Tenant must pay all costs, damages and expenses (including reasonable attorney fees and expenses) Landlord suffers by reason of Tenant's default(s). All sums of money or charges Tenant is required to pay under this Lease are deemed additional rent,whether or not this Lease designates those sums or charges as"additional rent." 20.CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and may not be construed as exclusive unless otherwise required by law. 21.ACCESS BY LANDLORD TO PREMISES. Landlord has the right to enter the Premises at all reasonable business hours to make inspections and make necessary repairs. However, Landlord does not assume any liability for the care or supervision of the Premises except as otherwise provided in this Lease. In the case of an emergency, Landlord may enter the Premises at any time without Tenant's consent. 22. DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable,or explosive character that might substantially increase the danger of fire on the Premises,or that might be considered hazardous by a responsible insurance company. 23. COMPLIANCE WITH REGULATIONS. Tenant must promptly comply with all laws, ordinances, requirements and regulations of the federal,state,county, municipal and other authorities,and the fire Insurance underwriters. 26. REDUCED RATE FOR HOUSING RESIDENTS. Tenant agrees qualified Jeffersonville Housing Authority residents will receive a 50%reduction in any fees or costs associated with any programs at the Premises offered by the Jeffersonville Parks Department. 27. NOTICE. Notices under this Lease are not valid unless given or served in writing and forwarded by certified mail,postage prepaid,addressed as follows: TENANT: City of Jeffersonville 3 Jeffersonville Parks Department 500 Quartermaster Court Jeffersonville,IN 47130 ATTN:City Attorney LANDLORD: Jeffersonville Housing Authority 206 Eastern Blvd. Jeffersonville,IN 47130 ATTN:Executive Director Either party may change its address from time to time by providing written notice as set forth above. 28.GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Indiana. 29. ENTIRE AGREEMENT/MODIFICATIONS.This Lease Agreement contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may only be modified or amended by a written document executed by both parties 30. SEVERABILITY. If any portion of this Lease, or its application to any person or circumstance, is held to any extent invalid or unenforceable for any reason, the remainder of the Lease,or the application of the affected provision to persons or circumstances other than those concerning which it is invalid or unenforceable, is not affected and each remaining Lease provision remains valid and enforceable to the fullest extent permitted by law. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable,then such provision shall be deemed to be written,construed,and enforced as so limited. 31. WAIVER. A party's failure to enforce any provisions of this Lease may not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. The Landlord's acceptance of Rent is not a waiver of any earlier breach by Tenant of any term,covenant or condition of this Lease,regardless of Landlord's knowledge of the breach when the rent is accepted. No covenant,term or condition of this Lease may be deemed waived unless waived in writing. 32. BINDING EFFECT.The provisions of this Lease are binding upon and inure to the benefit of both parties and their respective legal representatives,successors and assigns. 33. MISCELEANOUS. This Lease Agreement is subject to approval of the U.S.Department of Housing and Urban Development,the Jeffersonville Housing Authority Board of Commissioners and the Jeffersonville Parks Authority. [Signature page to follow] 4 IN WITNESS WHEREOF, the parties hereto have executed this Real Estate Lease effective as of the date fist set forth above. LANDLORD: JEFFERSONVILLE HOUSING AUTHORITY BY&THROUGH ITS BOARD OF COMMISSIONERS / / BY: airLataird Executive Director TENANT: CITY OF JEFFERSONVILLE, INDIANA BY&THROUGH ITS PARKS AUTHORITY By: President u124--LS 5