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