Loading...
HomeMy Public PortalAbout064-2020 - Parks - Molly Cullen - Clubhouse Rental AgreementGLEN MILLER CLUBHOUSE APARTMENT RENTAL AGREEMENT THIS AGREEMENT is entered into this '5 day of J (,� , 2020, by and between the City of Richmond, Indiana, through its Board of Parks and Recreation (hereinafter referred to as "City"), and Molly Cullen (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 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(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 Intern(s) 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 approximately three (3) months deemed to have begun on the 15th day of June, 2020, and shall continue through the 31 st day of July, 2020. However, in the event Employee(s) are permanently terminated from employment, this Agreement shall also terminate. Contract No. 64-2020 Pagel of 8 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. Page 2 of 8 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. Page 3 of 8 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 a well -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) commence 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. Page 4 of 8 I. 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 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(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. Page 5 of 8 6. 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(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. 8. 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. Page 6 of 8 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). [Signature Page to Follow.] Page 7 of 8 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 Retz, Superintendent Richmond Parks Department 50 North 5th Street Richmond, IN 47374 Employee: '(0/ (� / a �-et y s Rlelkno(J,l or such other address as may be specified from time to time in writing and delivered to the other parry. 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 Mike Foley, Presi ent Date: -�- �' 71-6 APPROVED BY: ( , Mayor avid M. Snow Date: ®(v 7L07-0 "Employee" MOLLY CULLEN Mo y Cu n Date: / , zz) Page 8 of 8