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HomeMy WebLinkAboutTWK PropertiesLEASE AGREEMENT This L ent ("Lease") dated as of the .~/~ day of ea~ _, 2003, by and between ~he City of Jeffersonville, a body politic, by and through its Board of Public Works and Safety, ("Landlord"), and TWK propert es, ( Tenan ). BASIC LEASE PROVISION 1. Premises: 615 Kentucky Street, Jeffersonville, IN 47130 2. Initial Term: Ten (10) years, beginning on December 22, 2003, (the "Commencement Date"), and ending on December 22, 2013, (the Exp~rat on Date") Renewal Option Term: One (1) renewal option term(s) of 10 years Base Rental: $3,500 (Three thousand five hundred dollars) Address for Notices and Rents: TWK Properties C/O Steven R. Kempf 914 Springdale Drive, Suite B jeffersonville IN 47130 AND To Landlord: City of Jeffersonville City-County Building Jeffersonville, IN 47130 Attn: City Attorney Prem ses. In consideration of the rents herein provided, and the ~erms, provisions, and covenants hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the space located at the address specified in Item 1 of the Basic Lease " ' es"' Provisions (the Prem~s ), and attached as Exhibit A (attached). ~erm~ 7.1 Initial Term_. The term of this Lease (the "Initial Term") shall ~e for the period specified in Item 2 of the Basic Lease ProvisionS, beginning on the Commencement Date and ending on the Expiration Date specified in said Item 2, unless this Lease is terminated earlier, as provided elsewhere herein: 7.2 7.3 Rent 8.1 Renewal. Term of One (1) additional term of ten (10) years, on the same terms and conditions applicable to the Initial Term. Tenant may exercise its renewal option by giving written notice thereof to Lessor not less than 90 days prior to the expiration of the then current term. Yearly lease shall increase by 10% for a total lease payment, per year, of $3,850.00. Ho din.q Over. In the event Tenant remains in possession of the Premises after the expiration or earlier terminations 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 shall indemnify and hold Landlord harmless from loss or liability resulting from such failure, including any claims made by any succeeding tenant founded on such 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. Rental. Tenant shall pay to Landlord the Rental, in advance, on or before the first day of each calendar year during the term of this Lease. 8.2 Payments. Rental checks are to be made payable to Landlord, or otherwise as designated by Landlord from time to time in a written instrument delivered to Tenant. 8.3 Utilities. Tenant shall pay for all utilities consumed by it in the Premises. Such utility services shall include water, electricity and trash collection. Landlord shall not be 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 Landlord, including but not limited to action by a public utility or government agency. ~ Property taxes are not applicable in this Lease as the premises remains in the title of the City of Jeffersonville. 2 10. 11. 12. 13. Alterations. Tenant shall not substantially alter or add to any part of the Premises except with Landlord's pdor consent. Tenant shall make all alterations and additions to the Premises at its own risk and cost in accordance with all applicable law~s, and damages to either persons or property of to the Premises adsing out of or resulting from such alterations or additions. All alterations and additions shall remain after the termination of this Lease for the benefit of Landlord unless otherwise provided in subcontractors for any repairs, alterations, or improvements to the Premises performed on behalf of Tenant. Should Tenant fail to pay for such labor or materials, Landlord may pay such amount and add the cost thereof to the rental provided for herein. Use of the Leased Premises. 11.1.1 Parkin.q Lot. The Premises may be used by Tenant for the operation of a parking lot; Tenant shall not use or allow the Premises to be used for any purpose other than as specified herein and shall not use nor permit the Premises to be used for any unlawful or immoral purpose or in any way that will injure the reputation of the property. 11.1.2 No Waste. Tenant shall not commit any act of waste in or about the Premises. Tenant shall not create, maintain or permit any nuisance in the Premises or the improvements thereon. Repairs, Maintenance, Alterations and Improvements. Tenant accepts the Premises in its existing condition with no warranties, either express or implied, 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 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 front of the Premises; to keep all rubbish in covered metal containers and have same removed regularly and promptly; to keep the Premises and abutting sidewalk of the Premises free of dirt, fumes, odors, debris, pests, vermin, ice and snow. Tenant may make alterations only with the Landlord's prior written consent. Trade Fixtures. Tenant may install necessary trade fixtures at its 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. 3 14. 15. 16. Fire and Other Casualty. In the event the Premises are damaged by fire, explosion or any other casualty, this Lease shall terminate. In no event shall Landlord be required to repair or replace Tenant's furnishings or other personal property. insurance. 15.1.1 Casualty Insurance: Neither Landlord nor Tenant shall be obligated to maintain fire or extended coverage insurance on the Premises. Tenant shall maintain a policy of public liability insurance. Tenant shall insure against loss or damage by fire or other casualty to the personal property, furnishings, equipment or improvements of the Premises. All policies of liability and property damage insurance to be maintained by Tenant shall include limits of not less than $500,000 fire damage to the property and $1,000,000 for injury or death to any person or persons. 15.1.2 Indemnity. Tenant shall hold the Landlord harmless against any and all claims, damages, suits, or causes of action for damages arising after the commencement of the term hereof resulting from any injury to person or property or from loss of life sustained in or about the Premises and improveme.nts 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 shall not be liable for any personal injuries or damage to Tenant or its officers, agents, guests, invitees and employees or to any property of Tenant or of any occupant of any part of the said Premises, irrespective of how the same may be caused, whether from action of the elements or acts of negligence of the owner or occupants of the adjacent properties. Assignment and Subleasing. This Lease may not be assigned, or the Premises sublet, without prior written consent of the Landlord, with the exception that Tenant may sublet all or any portion of the Premises to any business affiliate for use as parking facilities, with the terms of this Lease Agreement taking first position in the event of a dispute or conflict. 17. Defaults and Remedies. 17.1 Tenant Defaults. In event of any failure of Tenant to pay any rent due hereunder within five (5) days after the same shall be due, or any failure to perform any other of performed by 4 18. 17.2 Tenant for more than thirty (30) days after notice of such default shall have been given to Tenant, or if Tenant shall become bankrupt or insolvent or file 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 of all lot 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 shall abandon said Premises or suffers this Lease to be taken under any writ of execution, then Landlord, in addition to other rights and remedies it may have, may terminate this Lease. Non-Waiver of Defaults. The failure er delay by Landlord party to insist upon the strict performance by the other 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 dght of Landlord to thereafter enforce each and every such provisions or right. The waiver of any default and breach of this Lease shall not be held to be a waiver of any other default and breach. Notices. Any notice required or permitted to be given under this Lease shall be deemed to have been given or served when made in writing and (i) delivered in person or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, to the party who is to receive such notice at the address specified in Item 5 of the Basic Lease Provisions. When so mailed, the notice shall be deemed to have been given as of the date it was mailed. The addresses for notices and payments maybe changed by written notice given to the other party. 19. Miscellaneous General Provisions. 19.1 Consent. Landlord shall not unreasonably delay or withhold granting its consent or approval to any action for which such consent or approval is required under this Lease. 19.2 Recordinq of Memorandum of Lease. If requested by either party, a Memorandum of Lease containing the information required by law shall be executed by both parties and filed for record in the appropriate government offices. 19.3 Successors and Assigns. This Lease shall be binding upon the successors and assigns of the parties. 19.4 ~ So long as Tenant is not in default beyond any cure period hereunder, Tenant shall peaceably and quiety hold and enjoy the Premises for the term hereby 5 desired and all extensions and renewals thereof without hindrance or interruption by Landlord or any other person or persons claiming by, through, under or superior to Landlord. i 9.5 Fome Maieure.. Neither Landlord or Tenant shall be liable to the other for any breach or violation of this Lease resulting from any occurrence or event, including any Act of God, strikes, lockouts, property damage or other casualty or occurrence beyond the reasonable control of a party hereto. 19.6 Complete Agreement: Amendments: Headings.. This Lease, including the Exhibits, constitutes the entire agreement between the parties. It supersedes all previous understandings and agreements between the parties, and no oral or implied representation or understandings and agreements between the parties, and no oral or implied representation or understanding shall vary its terms, it may not be amended except by a written instrument executed by both 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. 19.7 Le.qal Notice of Lease Bid. Exhibit B (attached), copy of Legal Notice as published by the Evening News dated 10/4/03 and 10/11/03. 19.8 Minutes of Jeffersonville Board of Public Works. Exhibit C (attached) Minutes of JBPW meeting of 10/20/03. 19.9 Le al__~osal. Exhibit D (attached), TWK Properties lease proposal dated 10/20/03. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first written above. LANDLORD: THE CITY OF JEFFERSONVILLEi by And Through it's E~oard of ~Pub~lic Works A n d .S ~fet~/ /,/--/~f Th'O~nas R. Galli{]ar~, Ma,.~or TENANT ~.~ Its: Steven R. Kempf, Power o[ Attorney TWK Propertie~ ATTEST: Clerk-Treasurer l,~','~,Al. DEStiBIPTION .'F 1';.:,, ~,,, of co an,, al., ,:of Lot '" 1.' l&. : .'.~nd }n :~)ock ~' ~n the ']itv cf' Je~fersonvil and ~ng further' d~scribcd as folIow,~ 2e~'i~r,t~z at a drill hole on the and oP th,:' North~,'est cc. rner, oF K'emt'ucky vem~e ~n~' ~z~ , ...'.:-~-~- drill hcle · .. --' · · . ..... . ..... '~s. 1~' Ii,, ~n t)o.ck ~& in the ';it}' cf' Jeff'erso[~viI]e, ]:,r~ um y, add ~':~lng fRrth~.:' d~scr.l~d as fo]l'ow'~'~ 73S.40 fe~t t.o .JE ?L,K:,'; OF BE~I~,,.iN~. '.t soo' ./~ ~'~ . · ' Jeffersouv~ lle, Rivei-sida Ceni-i~ 1 i'ro)ect, Block 1], P'trce~ x'~'~'' I": ~o~ I'"' ~z I! ~site, "~hould Sealed ':'are ¢ e 'decision of ti OCTOBER 4, 2003 October. ] ~lle Mayor's~,~b~n{ere~de! RCOm, ~t Court Av~ ~ hue, Jeffersonvi[le, Indiana. __ Oct.4;t I _~. ROPERTY FOR LEASE The City of Jeffersonville has a lot located at 615 Kentucky Street, available for lease as a parking lot. , Quick and easy access to Louisville bridges and inter- '~tate system. For specific details on the prospective ~isite, interested bidders 'should contact the Jeffer- :sonvilie Department of Re- development, at 285-6406. Seated written proposals ,are due at or before 9:30 a.m. on October 20, 2003, at which time proposals will be opened and read aloud. The decision of the Board ~' of ,Public Works and Safety ~ regarding the proposals re- .ceived will be announced during a regular meeting on or after Monday, October 20, 2003, at 9:30 p.m. in 'the Mayor's Conference Room, 501 East Court Ave- nue, Jeffersonville, Indiana. Oct.4;~l 1 'MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF,IEFFERSONVILLE, INDIANA OCTOBER 20, 2003 Mayor ("~alligan called thc meeting to order at t):45 a.m. and on call hi' thc roll those members present were: Parks Director Elliott sat in lbr Councilpcrson I:rantz and (Tit5 l~nginccr Miller, Also present were: Administrator Rich Davis. Fire Chief S~nith. Building Conqmissioner Gavin. Vehicle Maintenance Director Dru~, Street Commissioner Grant. Planning and Zoning Director Padgett. Personnel Director Ellis, Police Chief Pavey. Animal Shelter Director Wilder. Parks Director Eltiott. Redevelopment Director Robinson. Sewage Of[Sce Manager Johnson. and Deputy Clerk Lynne Mayfield. Mayor Galligan asked if there was anyone on the payroll that he or Personnel Director Ellis are not aware of. None being. Engineer M er made the morion to approve the payroll as presented, seconded by Parks Director Elliott and carried unanimously. BID OPENING-Tenth Street interceptor Sanitary' Sewer Bids were opened before the Board of Public of Works was called to order. John Toombs of Jacobi. Toombs and Lanz opened them. They were as Iblloxvs: Team Contracting- $877,302.80 Dan Christiani- $821,765.58 Pace Contracting- $890,000.00 Mac Construction- $850,350.00 John Toombs recommended that Dan Christiani be awarded the contract, as the low bidder p~Snding all papers required is included. No motion was made. BID OPENING-SIXTH AND MICH~IGAN PARKING LO'I~ Redevelopment Director Robinson said advertisement was placed to notify the public of bids being taken on the lease of the parking lot at 6~' and Michigan that is owned by tile cit.,,'. One bid ,,vas received from T.W.K. Properties. They propose to lease the lot for $3 500.00 per year and provide maintenance. landscaping, and upkeep of the lot. The city would be requested to remove tile existing chain link fence and apply a one-inch layer of asphalt surt'ace. The length of the lease would be for an initial first period of ten >,ears. A second ten-year lease with a 10% increase would be at the lessor's option. Parks Director Elliott made the motion to approve the lease as presented at $3.5(30.00 per >'eat'. seconded by Engineer Miller and carried unanimously. TWK PROPERTIES 914 SPRINGDALE DRIVE, SUITE B JEFFERSONVILLE IN 47130 (812) 282-3169 October 20, 2003 Honorable Tom Galligan, Mayor of Jeffersonville president of Jeffersonville Board of Public Works 4t~ Floor - City County Building Court Avenue Jeffersonville, Indiana 47130 RE: Parking Lot Lease 6~ & Kentucky Jeffersonville, IN Tom, In regards to our proposal to lease the parking lot at the corner of 6m Street & Kentucky Avenue as printed in a formal legal notice in the Evening News (See attached aerial). We propose to lease this property to serve as overflow parking for our new restaurant, Timothy's, at 214 W. Court Avenue, and to serve as an additional enticement to another new business we are hoping to bring to Jeffersonville. Our terms would be $3500 per year with my company providing maintenance, landscaping and upkeep of the lot. The City would be requested to remove the existing chain link fence (which could be used elsewhere) and apply the initial one inch (1") layer of asphalt surface. The length of our lease would be for an initial 1~t period of ten (10) years. A 2~a ten (10) year lease with a 10% increase would be at the lessor's option. Initial payment within 30 days of lease acceptance or December 31, 2003.which ever should occur first. Please let me know if there are any questions. Respectfu~y submitted Steven R. Kempf, Attorney-in-fact TWK Properties cc:Jeffersonville City Attorney file Attachment