HomeMy Public PortalAbout065-2020 - Parks - Selena Saith - Clubhouse Rental AgreementGLEN MILLER CLUBHOUSE
APARTMENT RENTAL AGREEMENT
THIS AGREEMENT is entered into this day of rw- , 2020, by and
between the City of Richmond, Indiana, through its Board of Parks and Recreation
(hereinafter referred to as "City"), and Selena Faith (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:
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 24th day of May, 2020, and shall
continue through the 31" day of August, 2020. However, in the event
Employee(s) are permanently terminated from employment, this Agreement
shall also terminate.
Contract No. 65-2020
Page I of 8
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.
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.B 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: S eAt \ a
b0 \ AloA;a r\ c,\ 9--,d �1
�,� e\. Xv rv\
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
s
By: , , President
Mike Foley, PresideAt
Date: to , �- . f�z
APPROVED BY:
• err
Date: 0 6 It 5-Zoz-J
"Employee"
SELENA FAITH
Selena Faith
Date: l� " 1 �" " n-,a
Page 8 of 8