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HomeMy WebLinkAboutFirefighters Union Rent Lease LEASE AGREEMENT_ ,, "-- ~ of the ~eT~ dayof October, 2003, AGREEMENT ( Lease ), ctatea as _ ~ . . This LEASE · ' ' 1 co orauon dulyorgamzed and · f fferson~lle, a mumc~pa rp . . by and between the City o Je ..... ,. ~..~d thro,,,h ~ts Board of Public ~(.:~.;-~ ~,,~uant to the laws o~ me ~tate o~ xnm.,~a;:y ~._~.~/inlon Local No. 558, Works and Safety (..Landlord }, and ,Je___.:.ed and existirm under the laws of the State of inc., a not_ for-proi~t corporauon amy mr,~ - o Indiana (''Tenant"). BASIC LEASE PROVISIONS P~emises: 700 East 11th Street jeffersonville, IN 47130 years, beginning on October 27, 2003, (the Initial Terrm Five (5). n ' on October 29, 2008, (the "Expiration ,,Commencement Date ), and e ding Date"). ~' Renewal Option Term: One (1) renewal option term of five (5) years. Base Rental: $1.00 peryear. Address forNotices and Rents: To Tenant: jeffersonville Fire Fighters' Union Local No. 558, Inc. 700 E. llth Street jeffersonville, IN 47130 Attention: Union President And To Landlord: City of jeffersonville 4~ Floor, City-County Building 501 East Court Avenue jeffersonville, Indiana 47130 Attention: City Attorney premises_. In consideration of the rents herein provided, and the terms, - '~' ' and covenants hereof, Landlord herebyleases to Tenant, and DrovlSlOnS, -. . . _1 ~rate and imr>rovements ~enant herebyleases from Landlord, me rea~ ~ ~ located at the address specified in Item A of the Basic Lease Provisions and more specifically descn~oed in Exhibk A, attached hereto and incorporated herein by reference (the "Premises"). Teml~ 2.1 2.2 2.3 Initial Term. The term of this Lease (the "Initial Term") shall be for the period specified in Item B of the Basic Lease Provisions, beginning on the Commencement Date and ending on the Expiration Date specified in said Item B, unless this Lease is terminated earlier, as provided elsewhere herein. Renewal Term for one (1) additional term of five (5) years, on the same terms and conditions applicable to the Initial Term- Tenant may exercise its renewal option by giving written notice thereof to Landlord not less than 90 days prior to the expiration of the Initial Temz ~. In the event Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease, Tenant shall be deemed to hold the Premises as a tenant from month-to-month, and all of the terms, conditions and covenants of this Lease shall be applicable during the holdover period. If Tenant fails to surrender the premises upon the termination of this Lease, in addition to any other liabilities to Landlord arising therefrom, Tenant must indemnify and hold Landlord hare'tess from any loss or liability resulting from Tenant's failure, including any claims made by any succeeding tenant deriving from Tenant's failure. No holding over by Tenant shall extend this Lease, and during any holding over period either party may terminate the month-to-month tenancy by giving thirty (30) days prior written notice to the other. Rent 3.1 3.2 3.3 Rental. Tenant must payto Landlord the l~enm.1, '.m ad,vance, on or before the first day of each calendar year dunng me term of this Lease. Payments. Rental checks are to be made payable to ~andlord, or otherwise as designated by Landlord from time to time in a written instrument delivered to Tenant. Utilities. Tenant mnst payfor allutih'ties servingthe Premises. The utility services must include water, electricity and trash collection. Landlord is not liable to Tenant in damages or otherwise under any provision of this Lease in the event any utilities to the Premises are reduced, terminated or interrupted by reason of events beyond the control of 2 Landlord, including but not limited to action by a public utility or governmental agency. 4. Taxes. Tenant must pay all ad,adoremtaxes levied on the ~remises, if any, and all special assessments for benefits to the Premises. 5. Alterations. Tenant maynot substantially aker or add to any part of the Premises except with Landlord prior written consent· Tenant must make all alterations and additions to the Premises at its own risk and cost m accordance with all applicable laws, and must indenmify Landlord against all expenses, liens, claims, or damages to either persons or property or to the premises arising out of or resulting from such alterations or additions. All alterations and additions must remain Landlord property after the termination of this Lease unless otherwise · · 's Tenant must promptly provided m Landlord written consent. pay its contractors and subcontractors for any repairs, alterations or improvements to the Premises Tenant performs. Should Tenant fail to pay the cost of labor or materials incurred as a result of any improvements or alterations, Landlord may pay such amount and add the cost thereof to the rental provided for herein. 6..Use of the Leased premises. 6.1 Administrative Offices. The Tenant mayuse the ~remises only for the operation of administrative offices for the administration of the Jeffersonville Fire Fighters' Union Local No. 558 and any other services authorized by Tenant's Articles of Incorporation. Tenant may not use or allow the Premises to be used for any purpose other than as specified herein and may not use, nor permit the Premises to be used, f, or an.y, .urq. aWf~eOr immoral purpose or in anyway that wm mlure tn reputation of, or the improvements to, the Premises. 6.2 No Waste... Tenant must not commit any act of w?te. in, ~r about the Premises. Tenant may not create, maintain or permit any nuisance in the Premises or the improvements thereon. _Repairs, M~intenance, Alterations and Improvements. 7. Tenant accepts the premises in its existing condition with ~o warranties, either express or maplied, including, without limitation warranties of habitability or fitness for a particular purpose. Tenant accepts the Premises in its "AS IS" CONDITION, WITH ALL FAULTS. Tenant covenants to occupy and 3 maintain the entire Premises in a safe and sanitary manner inside and out; to maintain the Premises in its existing condition; to remove all garbage and refuse from the Premises and from the area surrounding the Premises; to keep all rubbish in covered metal containers inside the Premises sroremom and have same removed regularly and promptly; to keep the premises and abutting sidewalk area in front and the side of the Premises free of dirt, fumes, odors, debris, pests, vermin, ice, and snow;, and to not store or display anything outside the Premises. Trade Fixtures. Tenant mayinstall necessarytrade fixtures at is expense and at the termination of this Lease Tenant may remove all trade fixtures owned by Tenant which can be removed without injury to or defacement of the Premises. Fire and Other Casualty~ In the event the Premises are damaged by fire, explosion or any other casualty, this Lease shall terminate. In n,o event may Lan~ord be req ,u!red to repair or replace Tenant s furnishings or other pe~sonat property. 10. Insurance. 10.1 ~ Neither Landlord nor Tenant is obligated to maintain fire or extended coverage insurance on the Premises. Tenant must maintain a policy of public liability insurance. Tenant must insure against loss or damage by fire or other casualty to the personal property, furnishings, equipment or improvements of Tenant which Tenant may have located in or installed on the Premises. All policies of liability and property damage insurance Landlord and Tenant maintain must include Ikmits of not less than $500,000 for damage to property and $1,000,000 for injury or death to any person or persons. 10.2 ~ Tenant must hold the Landlord harmless against any and all claims, damages, suits, or causes of action for damages arising after the commencement of this Lease resulting from any injuryto person or property or from loss of life sustained in or about the premises and the buildings and improvements thereon, or in or upon the sidewalks, vaults, or streets in front of or appurtenant thereto by any person or persons whatever. It is the intention and agreement that Landlord cannot be.liable for anypersonal injuries or damage to Tenant or tts officers, agents, guests, invitees and employees or to any property of Tenant or of any occupant of any part of the the Premises, irrespective of how the damages or injury is 4 caused, whether from action of the elements or acts of negligence of the owner or occupants of the adjacent properties. Notwithstanding the foregoing, the liabilityof Tenant to indemnify Landlord does not extend to any matter against which Landlord is effectively protected by insurance, provided however, if Landlord's liability exceeds the amount of Landlord's effective collectable insurance in question, the Tenant is liable for any excess. 11. Assienment and Subleasing. Except as provided below, this Leasg may not be assigned, or the Premises sublet, without prior written consent of the Landlord. 12. _Defaults and Remedies. 12.1 Tenant Defaults. If Tenant fails of to pay any rent due hereunder within five (5) days after the rent is due, or if Tenant fails to perform any of the other terms or conditions of this Lease to be observed or performed by Tenant for more than thirty (30) days after Landlord gives notice of the default to Tenant, or if Tenant becomes bankrupt or insolvent, or if Tenant files any debtor proceedings to take have taken against Tenant in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or if Tenant makes an assignment for the benefit of creditors or petitions or enters into an arrangement, or if Tenant abandons the Premises or suffers this Lease to be taken under anywrit of execution, THEN Landlord, in a.ddition to other tights and remedies it may have, may terminate this Lease. 12.2 Non-Waiver of Defaults. Landlord's failure or delay to insist upon Tenant's strict performance of any of the terms, conditions or covenants of this Lease, or to exercise any right or remedy consequent upon a breach thereof, shall not be construed to be a waiver, nor affect the right of Landlord to thereafter enforce each and every such provision or right. The waiver of any default or breach of this Lease shall not be held to be a waiver of any other default and breach. 13. Notices. Anynotice required or permitted to be given under ~his Lease shall be deemed to have been given or served when made in writing and (~) delivered in person or (h) mailed by 5 registered or certified mail, postage prepaid,.retur.n, receipt requested, to the pattywho is to receive such nouce at me address specified in Item E of the Basic Lease Provisions. When so mailed, the notice shall be deemed to have been given as of the date it was marled. The addresses for notices and payments maybe changed bywfitten notice given to the other party. 14. ~Miscell~neous General provisions.. 14.1 Consents, Landlord shall not unreasonably delay or ~ithhold granting its consent or approval to any action for which such consent or approval is required under this Lease. 14.2 Recordln? of memorandum of Lease~ If requested by either party, a Memorandum of Lease containing the infonmrion required by law shall be executed by both parties and filed for record in the appropriate government offices. 14.3 Successors and Assigns. This Lease is binding upon ~e successors and assigns of the parties. 14.4 Quiet Enjoyment~ So long as Tenant is not in default beyond any cure period hereunder, Tenant shall peaceably and qniedy hold and enjoy the Premises for the term hereby demised and all extensions and renewals thereof without hindrance or interruption by Landlqrd or .any other person or persons claiming by, through, under or superior to Landlord. 14.5 ~ Neither Landlord nor Tenant is liable to the other for any breach or violation of this Lease resulting from any occmrence or event, including any Act of God, strikes, lockouts, property damage or other casualty or occurrence beyond the reasonabk control of a party hereto. 14.6 Complete Agreement: Amendments; Headings, This I~ease, including the ExhPoits, constitutes ~e eh, tire . agree~nent bewT, een the parties. It supersectes an previous understandings and agreements between the parties, and no oral or implied representation or understandings shall vary its terms. It may not be amended except by a written instmmem executedbyboth parties. The topical headings in this Lease are inserted only as a matter of convenience and reference, and do not affect, define, limit or describe the scope or intent of this Lease. 6 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first written above, that being the date it was approved at the regular meeting of the Jeffersonville Board of Public Works and Safety.. ATIEST: LANDLORD: CITY OF JEFFERSONVILLE, by and through its BOARD OF PUBLIC WORIKS & SAFE TY Peggy W-~d~, Clerk-Treasurer ATIEST: TENANT: JEFFERSONVILLE FIRF~ FIGHTERS' UNION LOCAL NO. 55~, INC~ Its: ~ ~Tt-~ ~"~F Its: 7 ,~-CE ELEVENTH STREET 60' R/W ~ T.P,O,B..-.~ , (_B,A, SIS DP BEARING.) ~_ ~ I .... mi I I ~-21.19 ~ I~ ~ ~1 I ~'~Y__ ~ ~1~ ; PERFORMED BY THIS COMPANY ,/ LEGEN~ ' Td~<4~ +~ o 4o · - STEEL PIN AND CAP RECOVERED ~ - RAILROAD SPIKE POUND Sco/e 1" ~ 40'  - 'MAG' NAIL S~ DRILL HOLE SET ~ - POWER POLE ~ - FIRE HYDRANT ~- T~FFIC SIGN · - SANITARY SEWER MANHOLE I, Harold L. Hart, hereby certify thot this plot is the result of a field survey conducted under my direct supervision and wos executed occordlng to the standards set fo~h in T~tle B§5, Rule 12 of the Indi~no Administrative Code to the best of my knowledge and belief. completed n September 3 2003. Field work wes .,~~ ~ R~eglstered L~d Surveyor No. 29800020 CITY OF JEFFERSONVILLE BEING A PART OF BLOCK #122 IN THE CITY OF' JEFFERSONVILLE, CLARK COUNTY, INDIANA ELEVENTH STREET 60' R/W EDGE OFfs. PAVEMENT 4.62 SIGN P~TE ~l 2-STORY 8RICK ~ BUILDING PORCH GRASS 0 20 Scale 1" = 20' SUR¥~Y FOR CITY OF JEFFERSONVILLE BEING A PART OF BLOCK #122 IN THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA