HomeMy Public PortalAbout176-2011 - Parks - GREENS SUPERINTENDENT RENTAGREENS SUPERINTENDENT (SEASONAL) RENTAL AGREEMENT
THIS AGREEMENT is entered into this _15th day of _December , 2011, by and
between the City of Richmond, Indiana, through its Park and Recreation Board (hereinafter referred to as
"City"), and Terry Gronberg, a resident of Wayne County, Indiana (hereinafter referred to as
"Employee");
WITNESSETH:
WHEREAS, Employee is currently an at -will seasonal Employee for the City of Richmond Parks
Department, specifically a seasonal "Greens Superintendent"; and
WHEREAS, City desires to provide Employee with certain 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 desires 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:
SERVICES — The City currently engages the services of Employee as Greens
Superintendent of Highland Lake Golf Course and Glen Miller Golf Course and
Employee is currently an at -will seasonal employee 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 an at -will seasonal Greens
Superintendent, this Agreement shall be controlling.
2. TERM — The term of this Agreement shall be for a period of approximately 26 months
deemed to have begun on the 1st day of December 2011, and shall continue through
December 31, 2013. However, in the event Employee is permanently terminated from
his employment, or in the event he is not re -hired as the Greens Superintendent, this
Agreement shall also terminate. If Employee is not in default of this Agreement at such
time and/or if Employee has not been terminated from employment with the City,
Employee shall have the option to renew this Agreement for a term of two (2) years (the
2014 and 2015 calendar years) upon the same terms, conditions, and provisions contained
herein. In the event Employee wishes to exercise said option he shall notify the City in
writing at least one (1) month prior to the date set forth above for termination.
Contract No. 176-2011
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DUTIES — The Employee shall devote his time, attention and energies to serve as the
Greens Superintendent for the City during the term of this Agreement. Employee shall
be under the direct supervision of the City's Director of Golf, while working closely with
the Park and Recreation Board as well as the Superintendent of the Parks Department.
Specifically, Employee's duties and responsibilities shall include the following:
A. Manage all facets of the maintenance and upkeep of the greens located at
Highland Lake and Glen Miller, including maintenance and upkeep of the premises, the
clubhouse, and surrounding grounds.
B. Assist the Director of Golf with maintaining both golf courses and be available to
assist and cooperate with the Head Golf Professional with the regular inspection and
reporting of conditions, including suggestions for improvements to the Department
Superintendent.
4. COMPENSATION — In consideration for the services to be performed herein, the
Employee 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 his employment with the City, 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 the
reduced rental amount of Two Hundred Dollars ($200.00) per month for the duration of
this Agreement. The difference between the fair rental value and the reduced rental
amount is to be provided at no out-of-pocket cost to Employee, provided, however, that
the noncash benefit to Employee does not qualify for exclusion from Employee's gross
income. It has been determined that the fair rental value of Four Hundred Dollars
$400.00 per month is appropriate for said premises.
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 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 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 shall use the premises for residency and
lodging related purposes only. Except for Employee and his immediate family, no other
person shall be permitted to use, reside, or lodge at the premises.
B. Employee 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 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 shall have the peaceful and quiet enjoyment and use of the
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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, at his cost and expense, may make improvements to the premises after
first obtaining written approval from City. Employee covenants and agrees 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 shall be
solely responsible for the improvements he 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 Employees efforts to secure said permits. Title to any and all
improvements constructed or placed on premises by Employee 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, his 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 shall restore, repair, or rebuild any
damage to the premises attributable to Employee, his agents, or guests.
E. Employee shall maintain the grounds in and around the premises including, but
not limited to, the grass and pavement areas, and shall keep the pavement areas free from
debris, ice, and snow, and shall cut the grass and mow the weeds on the premises.
F. 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), Employee shall be responsible for any costs incurred by any
negligent acts of Employee, his agents, or guests. This includes, but shall not be
limited to, the introduction of any foreign object into the waste water system.
G. Employee must maintain rental insurance for the premises for the duration of his
residency at said premises.
H. Property taxes levied on the leasehold improvements shall be paid by Employee.
Property taxes levied on the main premises or real estate, if any, shall be paid by City.
I. Employee agrees to maintain the premises, normal wear and tear excepted, and
agrees to return the premises to City in a well -maintained, tenantable condition upon the
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termination of any renewal term of this Agreement. Employee shall surrender possession
in as good or better condition as the premises were at the commencement of this
Agreement. If Employee fails to return premises to City in said good condition,
Employee shall be liable for such amount of money as is necessary to replace or repair
the premises.
J. Employee shall not cause any mortgage, lien, or other encumbrance to be placed
on or attached to the premises and if Employee 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 shall be
forfeited to the City as liquidated damages, for the breach hereof, provided, however, that
Employee shall not be deemed in default under this provision if Employee commences
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.
K. In the event Employee fails to perform any of the terms, conditions, and
covenants of this Agreement; or if Employee 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 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 into default of this Agreement. In the event of such default, City shall
give Employee ten (10) days written notice in which time Employee shall have the right
to cure such default, but if such cure has not been performed within the ten (10) day
period, City shall 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.
L. In the event Employee is permanently terminated or is not re -hired in his capacity
as an at -will seasonal Grounds Superintendent, this Agreement is immediately terminated
and Employee shall be required to quit the premises. Upon said termination or non -
rehire, City shall provide Employee with written notice that Employee must vacate the
premises and that Employee has one (1) month to vacate said premises. In this event, a
right to cure is not applicable and Employee will not be given additional time beyond one
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(1) month as set forth above. If the Employee has 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.
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 Employee is permanently terminated from his
employment or in the event he is not rehired as the Greens Superintendent and the City
may proceed with any action necessary to take possession of the premises.
INDEMNIFICATION - Employee agrees 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, Employee's agents, or guests, or due to any failure of the
Employee, 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 of the Premises. In case of any action or proceeding being
brought against the City by any reason of any such claim, Employee, on notice from City,
shall resist and defend such action or proceeding. The foregoing provision shall not be
construed to require Employee 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.
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 is 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 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 under
this Agreement, Employee further agrees to pay all reasonable costs of enforcement,
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including, but not limited to, reasonable attorney's fees, whether or nor suit is required
against Employee.
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: Bill Thislethwaite, Superintendent
Richmond Parks Department
50 North 5th Street
Richmond, IN 47374
Employee: Terry Gronberg
2514 East Main Street
Richmond, IN 47374
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: S/S Karen Montgomery President
Karen Montgomery
Date: December 19. 2011
APPROVED BY:
S/S Sally Hutton
Sally Hutton
Date: December 19, 2011
Mayor
"Employee"
S/S Terry Gronberg
Terry Gronberg
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