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
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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