HomeMy Public PortalAbout066-2019 - Parks - Apparentment Lease A...- Ruthivin Gardner & Alyssa GuritzGLEN MILLER CLUBHOUSE
APARTMENT RENTAL AGREEMENT
THIS AGREEMENT is entered into this 4&" day of jk4tq 5 20195 by and
between the City of Richmond, Indiana, through its Board of Parks and Ikecreation (hereinafter
referred to as "City"), and Ruthivin Gardner, and Alyssa Guritz (hereinafter referred to as
"Employee" or "Employee(s)");
WITNESSETH:
WHEREAS, Employee(s) are currently at -will Employee(s) for the City of Richmond
Parks Department, specifically temporary paid Intern(s); and
WHEREAS, City desires to provide Employee(s) with certai i non -cash benefits with
respect to residency and lodging at the Parks Department Glen Miller Clubhouse apartment
quarters located at 2514 East Main Street, Richmond, Indiana, 47374 (hereinafter "premises")
pursuant to this Agreement; and
WHEREAS, the Employee(s) desire to take advantage of the residency and lodging
benefits as set forth in this Agreement.
Now THEREFORE, in consideration of the terms and conditions contained herein,
including the above recitals, the parties agree as follows:
1. SERVICES —The City currently engages the services of Employee(s) as a
temporary paid Interns) and Employee(s) are currently at -will seasonal
Employee(s) of the City. This agreement shall not alter or affect those services or
Employee(s)' status of employment with the City except to the extent specifically
referenced herein. In the event any rental provisions of this Agreement conflict
with Employee(s)' standard duties as at -will Employee(s), this Agreement shall
be controlling.
2. TERM —The term of this Agreement shall be for a period of months deemed
to have begun on the 1st day of M0., 2019, and shall continue through
- �0!i g , 2019. However, in the, event Employee(s) are permanently
terminaYed from employment, this Agreement shall also terminate.
Contract No. 66-2019
3. DUTIES —Each Employee shall devote her time, attention and energies to serve
as a temporary paid intern for the City during the term of this Agreement.
Employee(s) shall be under the direct supervision of the City of Richmond Parks
and Recreation Department.
4. COMPENSATION — In consideration for the services to be performed herein, the
Employee(s) shall be compensated as follows:
A. BASE COMPENSATION —Except as specifically set forth in Section
S.B. below, Employee(s)' current compensation shall not be altered or affected by
this Agreement.
B. HOUSING — During their employment with the City, each Employee shall
be permitted to reside at the Parks Department Glen Miller Clubhouse apartment
quarters located at 2514 East Main Street, Richmond, Indiana, 47374 (hereinafter
"premises") for which Employees shall not be required to remit any rent monies
to City. The difference between the fair rental value and the reduced rental amount
is to be provided at no out-of-pocket cost to each Employee, provided, however,
that the City does not provide any assurances or opinions that the taxable non -
wage, noncash benefit to each Employee qualifies for exclusion from each
Employee's gross income. with respect to utilities (see paragraph 5.F below) the
estimated cost of monthly utilities is Three Hundred Dollars ($300.00) and said
estimated cost may also be a taxable non -wage benefit to each Employee that does
not qualify for exclusion from the each Employee's gross income. It has been
determined that the fair rental value of Five Hundred Thirty-two Dollars and Zero
Cents ($532.00) per month is appropriate for said premises.
5. DUTIES WITH RESPECT TO HOUSING —Duties and responsibilities with
respect to Employee(s)' residency and lodging at the Clubhouse apartment
premises shall include the following:
A. Employee(s) shall not permit the premises to be used for any unlawful
purpose or in any unlawful manner, nor permit any activity which would constitute
a nuisance. Employee(s) shall not commit waste upon the premises and shall
conduct all activities in compliance with applicable laws, ordinances, and
regulations of any public authority now or hereafter affecting the premises.
Employee(s) shall use the premises for residency and lodging related purposes
only. Except for Employee(s), no other person shall be permitted to use, reside,
or lodge at the premises.
B. Employee(s) shall keep the premises in good condition and shall cooperate
at such time the City wishes to inspect the premises. City may inspect premises
and shall give Employee(s) written notice of intent to enter premises to inspect at
least three (3) days prior to date set for said inspection. City covenants and
warrants that it has the lawful right and authority to enter into this Agreement and
that upon performance of all covenants contained herein, Employee(s) shall have
the peaceful and quiet enjoyment and use of the premises. City shall continue to
have access to the premises in order to access another portion of the City's
property or for the purposes of maintaining any equipment of City located on or
about the premises. City or its agents shall be permitted emergency access to the
premises at any time without notice.
C. Employee(s), at each Employee(s)'s respective cost and expense, may
make improvements to the premises after first obtaining written approval from
City. Employee(s) covenant and agree that any such improvements shall be made
in a careful, workmanlike manner and in compliance with all applicable federal,
state, and municipal laws and regulations. Employee(s) shall be solely responsible
for the improvements each makes to the premises and is obligated to secure all
permits for said improvements. City agrees to cooperate, upon request and as
reasonably necessary, with Employee(s)' efforts to secure said permits. Title to
any and all improvements constructed or placed on premises by Employee(s) shall
become the sole and absolute property of City without additional consideration
upon the termination of any renewal term of this Agreement.
D. City shall maintain and make repairs, as necessary, to the heating,
electrical, and plumbing systems and structural components of the premises,
including, but not limited to, the roof, walls, floors, foundations, and sanitary
systems. The word "floor" in the preceding sentence refers to the structural mass
only and not to the finish or covering on said floors. Except as otherwise provided
herein, the City shall maintain the exterior and roof of the premises as well as the
water lines, sanitary sewer lines, and storm run-off facilities servicing the
premises. In the event the premises and appurtenant structures are damaged in
any way, not attributed to Employee(s), Employee(s) agents, or guests, the City
shall restore, repair, replace, or rebuild the same at its cost to substantially the
same condition that existed immediately prior to such casualty. Such work shall
be commenced and completed as promptly as practicable. Employee(s) shall
restore, repair, or rebuild any damage to the premises attributable to the Employee,
her agents, or guests.
E. Basic utilities (electric, gas, water, sanitation and stormwater) shall be paid
by the City. City shall provide water, waste water disposal, and
sanitation/stormwater services for the premises subject to the following limitation:
i. with respect to the costs of waste water disposal (sanitation and
stormwater), each Employee shall be responsible for any costs incurred by
any negligent acts of herself, her agents, or guests. This includes, but shall
not be limited to, the introduction of any foreign object into the waste
water system.
ii. in the event the total monthly utility costs to be covered by the City
are greater than the estimated $300 monthly utility costs (see paragraph
4.13 above) the overage shall be paid fifty (50%) percent from the
Reverting Operating Fund (219) and fifty (50%) percent from the
Employee.
F. Property taxes levied on the main premises or real estate, if any, shall be
paid by City.
G. Employee(s) agrees to maintain the premises, normal wear and tear
excepted, and agrees to return the premises to City in awell-maintained,
tenantable condition upon the termination of any renewal term of this Agreement.
Employee(s) shall surrender possession in as good or better condition as the
premises were at the commencement of this Agreement. If Employee(s) fails to
return premises to City in said good condition, Employee(s) shall be jointly and
severally liable for such amount of money as is necessary to replace or repair the
premises.
H. Employee(s) shall not cause any mortgage, lien, or other encumbrance to
be placed on or attached to the premises and if Employee(s) shall fail to cause such
mortgage, lien, or encumbrance to be removed within sixty (60) days after the
notice of filing thereof, the City may terminate this Agreement and all
improvements made by Employee(s) shall be forfeited to the City as liquidated
damages, for the breach hereof; provided, however, that Employee(s) shall not be
deemed in default under this provision if Employee(s) cor►-.mence efforts to
remove any such mortgage, lien, or encumbrance within thirty (30) days after
receiving notice of the filing thereof, and thereafter diligently prosecutes the
removal of the mortgage, lien, or encumbrance.
1. , In the event Employee(s) fail to perform any of the terms, conditions, and
covenants of this Agreement; or if Employee(s) shall become bankrupt or
insolvent, or files any debtor proceeding pursuant to any statute either of the
United States or of any State either by a Petition in Bankruptcy or for the
appointment of a receiver or trustee of all or a portion of Employee's property; or
if Employee(s) shall abandon said premises, or suffer this Agreement to be taken
under any writ of execution; then City shall have the right to call the Employee(s)
into default of this Agreement. In the event of such default, City shall give
Employee(s) ten (10) days written notice in which time Employee(s) shall have
the right to cure such default, but if such cure has not been performed within the
ten (10) day period, City shal l have the right to take any one or more of the
following remedies:
i. City may, without further notice, immediately re-enter and take
possession of the premises. City may remove all persons and property
from the premises and store such property in a public warehouse at the
cost of and for the benefit of Employee, all without notice of legal process
and without being guilty of trespass or being responsible for the loss and/or
damage to the property removed.
ii. City may file a Complaint for Possession of the premises or may
seek any and all remedies available'to it pursuant to law.
iii. No remedy stated herein is intended to be exclusive of any other
remedy and City shall also have available any and all other remedies
available to it pursuant to law. The failure or delay by City to exercise any
right of default shall not impair any such right following further act of
default and shall not be construed to be a waiver to exercise such right
upon any subsequent default by Employee(s).
J. In the event Employee(s) is permanently terminated or is not re -hired in
her capacity as an at -will intern, this Agreement is immediately terminated and
Employee(s) shall be required to quit the premises. Upon said termination or non -
rehire, City shall provide Employee(s) with written notice that Employee(s) must
vacate the premises and that Employee(s) have one (1) month to vacate said
premises. In this event, a right to cure is not applicable and Employee(s) will not
be given additional time beyond one (1) month as set forth above. If the
Employee(s) have not vacated or quit the premises on or before. the one (1) month
deadline for vacation, City seek any and all remedies available to it pursuant to
law.
d. TERMINATION — Nothing herein contained shall preclude either party from
terminating this Agreement during the term for cause related to non-performance
by either party's contractual obligation as set forth herein. Such a termination for
cause shall occur only after ten (10) days prior written notice is provided to the
other party, which shall allow time for any discussion or response to occur. As set
forth above, this Agreement may be immediately terminated in the event
EmpIoyee(s) are permanently terminated from her employment and the City may
proceed with any action necessary to take possession of the premises.
7. INDEMNIFICATION - Employee(s) agree to indemnify and save harmless the
City against any and all claims, losses, costs, damages, and expenses arising out
of or from the conduct or management of, or from any work or anything
whatsoever done in and about the Premises, causing injury or damage to any
person or property due to any act or neglect of the Employee(s), Employee(s)'
agents, or guests, or due to any failure of the Employee(s), Employee(s)' agents,
or guests, to comply with or perform any requirements of the provisions of this
Agreement, on Employee(s)' part to be performed, or due to any use made by the
Employee(s) of the Premises. In case of any action or proceeding being brought
against the City by any reason of any such claim, Employee(s), on notice from
City, shall resist and defend such action or proceeding. The foregoing provision
shall not be construed to require Employee(s) to indemnify or save harmless City
against consequences due to any work or act done by said City in or to the Premises
or any part of the grounds other than the Premises.
S. MISCELLANEOUS — Miscellaneous provisions are as follows:
A. This Agreement shall be controlled by the laws of the State of Indiana and
shall be binding upon the parties, their heirs, personal representatives, successors
and assigns. This document constitutes the entire agreement between the parties
and any alterations, amendments or modifications must be in writing and signed
by both parties. Any alteration or modification of the terms of this agreement that
is not in writing shall be void. This Agreement shall further be binding upon and
inure to the benefit of the parties, their agents, successors and assigns. Any legal
action arising out of this Agreement must be brought in Wayne County, Indiana
Circuit or Superior Court. By executing this document, Employee(s) are estopped
from bringing and waives any right to maintain an action in front of any other
court or tribunal other than the Wayne County, Indiana Circuit or Superior Courts.
B. This agreement may not be assigned or transferred. The premises may not
be sublet by Employee(s) or by process of operation of law or in any other manner
whatsoever.
C. * If any provisions of this Agreement are declared invalid or unenforceable,
the remainder thereof shall continue to be in full force and effect.
D. Shall it be necessary for City to enforce any of the obligations of
Employee(s) under this Agreement, Employee(s) further agree to pay all
reasonable costs of enforcement, including, but not limited to, reasonable
attorney's fees, whether or not suit is required against Employee(s).
E. Any notice or consent required to be given in writing pursuant to the terms
contained herein shall be sufficient if mailed, return receipt requested, to the
following addresses:
City: Denise Ret2, Superintendent
Richmond Parks Department
50 North 5th Street
Richmond, IN 47374
Employee:
Employee:
or such other address as may be specified from time to time in writing and
delivered to the other party.
IN WITNESS WHEREOF, the parties execute this Agreement as of the date set forth
above, although signatures may be affixed as a different time.
"City"
City of Richmond, Indiana
through its Board of Parks
and Recreation
By: ,President
Date: 15 ' � • 10`
APPROVED BY:
_ ,Mayor
ow
Date: '� 0
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"Employee"
Date:
"Employee"
Date: 0)6%/7Z IQ
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