HomeMy Public PortalAbout081-2020 - Fire - Lease Agreement - Fire Station No. 6 - Reidi
LEASE AGREEMENT
THIS L ANT (this "Lease"), made and entered into thish= day of
2020, by and between Reid Hospital & Health Care Services, Inc.,
an lr;dIaW nonprofit corporation ("Lessee"), and Richmond, Indiana, a municipal corporation
acting through its Board of Public Works and Safety, with its office at 50 North 51h Street,
Richmond, Indiana, ("Lessor").
WITNESSETH:
WHEREAS, Lessor is owner and operator of certain brick structures consisting of a station
building and garage building, commonly known as Fire Station No. 6 (non -operational) (the
"Property" or "Structures") which are located at 1501 NW 5 Street and which Lessor wishes to
lease to Lessee; and
WHEREAS, Lessee desires to lease the Property.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
including the above stated recitals, it is mutually agreed as follows:
GRANTING CLAUSE:.
1.01 Lessor does hereby lease to Lessee and the Lessee does hereby lease from Lessor the brick
structure and Property (hereinafter referred to as "the Premises").
TERM:
2.01 The Original Term of this lease shall commence on June 15, 2020, and end on June 15,
2023, except that the Parties may terminate this Lease as provided herein.
TERMINATION:
3.01 Lessee may terminate this Lease at any time during the lease term by giving written notice
to Lessor at least sixty (60) days prior to the date of termination. All rents that are due and owing
on and up to the date of termination must be paid in full on the date of termination.
Contract No. 81-2020
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This Agreement may also be terminated by the Lessor if a force-majeure event occurs and the
results or aftereffects of said event causes the performance of this Agreement to become
impossible or highly impracticable. Said event or results or aftereffects of said event would
include events or effects which the parties to this Agreement could not have anticipated or
controlled. Examples of a force-majeure event, or its results, would include, but would not be
limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act
of Executive Enforcement of the Federal government, the State of Indiana, or local government.
RENT:
4.01 Rent payable to Lessor from Lessee shall be Seven Hundred Fifty Dollars ($750.00) per
month on or before the 1" day of each month.
RENEWAL PRIVILEGES:
5.01 Lessee is hereby granted and shall, if not at the time in default under this Lease, have an
option to renew this Lease for an additional three (3) year term upon written notice by Lessee at
least sixty (60) days prior to the expiration of the current term, of Lessee's intention to extend
this Lease. This Lease may be terminated by Lessee at any time with sixty (60) days written
notice. Rent may be re -negotiated to. be an amount not less than One Thousand Dollars and Zero
Cents ($1,000.00). per month during the second three-year renewal term of this Lease (2023 to
2026). The above -described option to renew for a second three-year renewal term shall be
exercised by Lessee delivering to Lessor, in person or by United States Mail, on or before sixty
(60) days prior to the termination date of the Original Term, written notice of Lessee's election
to renew the term of this Lease as herein provided. In the event the Lessee does not exercise its
option to renew for a second three-year renewal term as described herein, the Lease may
continue on a month -to -month basis at the monthly rental rate of One Thousand One Dollars and
Zero Cents ($1,001.00) per month. In no event shall any renewals of this lease exceed a three-
year term and any future three-year renewal terms shall only be approved by written addendum
approved by the Richmond Law Department prior to consideration by the City's Board of Public
Works and Safety.
LEASEHOLD IMPROVEMENTS:
6.01 Lessee, at its cost and expense, may make improvements to the Premises, after first
obtaining written approval from Lessor. If Lessor wishes revisions in the plans or specifications
submitted by Lessee with respect to a proposed improvement, Lessor shall submit its proposed
revisions to Lessee within sixty (60) calendar days of receipt by Lessor of the original plans and
specifications from Lessee. In the event that Lessor does require revisions to the original plans
and specifications, Lessee shall have thirty (30) days from the date of receipt of the proposed
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revisions to resubmit the plans and specifications for Lessor's approval. If Lessee fails to so
resubmit the plans and specifications, Lessee shall be deemed to have decided not to go forward
with such improvements. Lessor's approval of plans and specifications shall not be unreasonably
withheld. Any plans and specifications submitted by Lessee and not objected to by Lessor within
sixty (60) days shall be deemed approved. Once plans and specifications are finally approved as
provided for above, Lessee shall engage one or more qualified contractors to construct said
improvements. Construction shall commence within ninety (90) calendar days of Lessee's
receipt of Lessor's final approval of the plans and specifications and shall be scheduled for
completion not later than Two Hundred Seventy (270) calendar days after commencement of
construction. Lessee nevertheless 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. Any improvements approved by Lessor and completed by
Lessee at the Premises shall be made at Lessee's sole expense. Once improvements have been
approved by Lessor, the parties will agree upon an amount and time period of rent set-off based
upon all or part of the cost of the improvements. Title to any and all improvements constructed
or placed on the Premises shall become the sole and absolute property of Lessor without
additional consideration upon the termination of the Original Term or upon the termination of
any renewal thereof. Any improvements made may not be removed or altered by Lessee without
the express written consent of Lessor, which consent shall not be unreasonably withheld.
6.02 It is mutually agreed between the parties hereto that Lessee shall be solely responsible and
have the obligation to secure all permits and approvals for the. construction activities it conducts.
Lessor agrees to cooperate, upon request and as reasonably necessary, with Lessee's efforts to
secure all permits and approvals described in this Section 6.02.
6.03 Lessee agrees to maintain all improvements in original condition, normal wear and tear
excepted, and agrees to return the Premises to Lessor in a well -maintained and tenantable
condition upon the termination of the Original Term or any renewal thereof Lessor reserves the
right to inspect, at any reasonable time, the Premises and improvements thereon.
6.04 Title to any and all improvements constructed or placed on the Premises by Lessee shall
become the sole and absolute property of Lessor without additional consideration upon the
termination of the Original Term or any renewal thereof.
CERTAIN OBLIGATIONS OF LESSEE:
7.01 Lessee shall use the premises for its ambulance services or for similar related purposes only
as approved by the Lessor and such other regulatory agencies having authority over. the
Premises.
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7.02 It is mutually agreed between the parties hereto that the purpose of this Lease is to permit
Lessee to conduct its ambulance emergency and transport operations. It is further agreed that
Lessee may have in said Premises, a corporate office, restrooms, and storage space to be used for
storage of parts, supplies and equipment attendant to the operations of the Premises.
7.03 In the event Lessee shall cause any mortgage, lien or encumbrance to be placed on or
attached to the Premises and Lessee shall fail to cause such mortgage, lien or encumbrance to be
removed within sixty (60) days after the notice of filing thereof, the term of this Lease shall then
terminate and all improvements to the Premises shall be forfeited to Lessor as liquidated
damages for the breach of this covenant (in addition to such other damages as may be
attributable to Lessee's breach); provided, however, that Lessee shall not be deemed in default
under this Section 7.03 if Lessee 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.
7.04 This Lease, or any part thereof, may not be assigned, transferred or subleased by Lessee, by
process or operation of law or in any manner whatsoever, without the written consent of Lessor,
which consent shall not be unreasonably withheld. Notwithstanding the foregoing provision,
Lessee shall have the right, without the consent of Lessor, 'to assign this Lease or sublet the
Premises to any direct or indirect parent or subsidiary of Lessee, and any successor to Lessee by
merger or consolidation, or any.purchaser of substantially all of Lessee's assets..Lessee shall be
released from all liability so long as the purchaser or successor, parent or subsidiary has a net
worth not less than Lessee's net worth immediately prior to the assignment. The Parties
understand, acknowledge, and agree that Lessee shall not be permitted to sublease this Lease to
any private or non-profit ambulance service that is not a direct subsidiary entity affiliated with
Lessee as set forth above and Lessor shall not be deemed to be unreasonably withholding
consent in the event any sub -lessee is found to be a private or non-profit entity separate from
Lessee who may be in direct competition with Lessor. Violation of the same may be deemed to
be a breach of this Agreement.
CERTAIN OBLIGATIONS OF LESSOR:
8.01 On June 15, 2020, Lessor shall deliver the Premises to Lessee in suitable, clean condition
appropriate for the purposes described herein.
8.02 Lessee specifically agrees to take the leased Premises "as is where is" without any
obligation on the part of the Lessor to make or construct any improvements or alterations therein.
8.03 Lessee shall maintain, and make repairs as necessary to the non-structural components of
the Premises, including but not limited to the surface flooring, interior paint, and the like. Lessee
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shall maintain other non-structural improvements including, but not limited to, maintenance of
the HVAC system and other mechanical or plumbing systems. All such maintenance and repairs
shall be made in a careful, workmanlike manner and in compliance with all applicable federal,
state and municipal laws and regulations. Lessee shall also 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 on the same basis that Lessee maintains the
properties of its medical facilities and shall cut grass and mow weeds on the Premises in the
same manner and at the same frequency that grass is mowed at the locations of Lessee's own
medical facilities.
8.04 Lessor covenants and agrees that Lessee shall have quiet enjoyment of the Premises during
the term of this Lease as long as Lessee complies with all applicable laws, ordinances and
government regulations and is not in default with respect to any provision of this Lease.
INSURANCE AND INDEMNIFICATION:
9.01 During the term of this lease, Lessee shall procure, maintain and pay the premiums upon all
risk, fire and extended coverages on the Premises and any other contents of the Premises owned
by Lessee, in amounts no less than the full replacement cost thereof without reduction for
depreciation. Copies of the above -required policy shall be provided to Lessor prior to the
commencement date of this Lease together with certificates of insurance reasonably acceptable
to Lessor and updated. certificates shall be re -provided to Lessor each year that this Lease is in
effect.
9.02 During the term of this Lease, Lessee shall procure, maintain, and pay the premiums upon
public liability and property damage insurance with companies reasonably acceptable to Lessor
which shall insure Lessee and Lessor against any and all injury and damage to any person,
persons or property in connection with the Premises, and having minimum limits of liability of
not less than One Million Dollars ($1,000,000.00) coverage for any one occurrence involving no
more than one person and Two Million Dollars ($2,000,000.00) coverage for any one occurrence
involving more than one person and One Hundred Thousand ($100,000.00) coverage for
property damage and all-risk, fire and extended coverages on all improvements now or hereafter
constructed on the Premises in amounts not less that the full replacement cost thereof without
reduction for depreciation. Copies of the above -required policies shall be provided to Lessor
prior to the commencement date of this Lease together with certificates of insurance acceptable
to Lessor and updated certifies shall be re -provided to Lessor each year that this Lease is in
effect.
9.03 All such policies of insurance required by this Agreement shall name Lessor and Lessee as
the insured parties, as their respective interests appear, and shall contain a clause that the insurer
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will not cancel or change the insurance without first giving Lessor and Lessee thirty (30) days
written notice.
9.04 Lessee agrees to indemnify and save harmless the Lessor 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 Lessee, Lessee's agents, contractors, or
employees, or due to any failure of the Lessee, Lessee's agents, contractors, or employees, to
comply with or perform any requirements of the provisions of this. Lease, on Lessee's part to be
performed, or due to any use made by the Lessee of the Premises. In case of any action or
proceeding being brought against the Lessor by any reason of any such claim, Lessee, on notice
from Lessor, shall resist and defend such action or proceeding. The foregoing provision shall not
be construed to require Lessee to indemnify or save harmless Lessor against consequences due to
any work or act done by said Lessor in or to the Premises.
9.05 Lessor agrees to indemnify and save harmless Lessee and Lessee's agents, contractors and
employees 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, or arising during the term from any condition of the buildings or driveways or
sidewalks adjoining the Premises, causing injury or damage to any person or property due to any
act or neglect of the Lessor, Lessor's agents, contractors, or employees, or due to any failure of
the Lessor, Lessor's agents, contractors, or employees to comply with or perform . any
requirements of the provisions of this Lease, on Lessor's part to be performed, or due to any use
made by the Lessor of the Premises. In case of any action or proceeding being brought against
the Lessee or Lessee's agents, contractors, and employees by reason of any such claim, the
Lessor, on notice from the Lessee, shall resist and defend such action or proceeding. The
foregoing provision shall not be construed to require said Lessor to indemnify or save harmless
Lessee against consequences due to any work or act done by said Lessee in and to the Premises.
DISCRIMINATION:
10.01 The Lessee, for itself, its personal representative, successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and agree, as a covenant running with the
land, that:
(a) No person on the grounds of race, religion, color, sex, disability, national origin, or
ancestry shall be excluded from participation in, denied benefits or, or be
otherwise subjected to discrimination in the use of the Premises;
(b) Pursuant to Indiana Code 22-9-1-10, Lessee, any subcontractor or any person acting
on behalf of Lessee or any subcontractor shall not discriminate against any
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employee or applicant for employment to be employed in the performance of this
Agreement, with respect to hire, tenure, terms, conditions or privileges of
employment or any matter directly or indirectly, related to employment, because
of race, religion, color, sex, disability, national origin, or ancestry.
(c) In the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the grounds of race, religion, color,
sex, disability, national origin, or ancestry shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to discrimination; and
(d) The Lessee shall use the premises in compliance with all other requirements imposed
by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally -Assisted Programs of the Department of Transportation -Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended.
10.02 In the event of breach of any of the above nondiscrimination covenants, Lessor shall have
the right to terminate the Lease and re-enter and repossess said land and the facilities thereon,
and hold the same as if said Lease had never been made or issued and title to any and all
improvements on said premises shall then vest in Lessor in the same manner as if this Lease
were terminated, provided, however, subject to any federal, state, or local regulations to the
contrary, if any, Lessee shall be given reasonable notice and opportunity to remedy unintentional
violations of such covenants prior to Lessor having the right to terminate this Lease.
RIGHTS RESERVED TO LESSOR:
11.01 Lessor will maintain and keep in regular repair the structural nature of the Premises or
structural improvements not made by Lessee of. the Premises, together with the right to
reasonably direct and control all activities of Lessee in this regard as said activities pertain to the
structural nature of the Premises.
11.02 Lessor reserves the right to take any action it considers necessary to protect the ingress and
egress approaches of the Premises against obstruction, together with the right to prevent Lessee
from erecting, or permitting to be erected, any building or other structure on or adjacent to the
Premises which, in the reasonable opinion of the Lessor, would limit the usefulness or future
usefulness of the Premises by the Lessor or would constitute a hazard to the Premises.
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DEFAULT OR BREACH:
12.01 In the event of any breach of this Agreement by Lessee, and in addition to any other
damages or remedies, Lessee shall be liable for all costs incurred by City due to the enforcement
of this Agreement, including but not limited to City's reasonable attorney's fees.
12.02 A breach of this Agreement shall include, but not be limited to, failure of Lessee to comply
with any of the terms of this Agreement, failure of Lessee to pay rent when due; failure of Lessee
to keep any covenant agreed to be performed under this Lease; failure of Lessee to procure and
maintain appropriate levels of general liability insurance as set forth in the terms of this
Agreement, or failure to adhere to all federal laws, state laws, and local ordinances. In the event
Lessee is able to cure or resolve any action or situation that caused the breach, Lessor will not
hold Lessee in default if such cure is able to be performed within thirty (30) days of the date
breach is deemed by the Lessor to have occurred. Lessor shall provide Lessee with written
notice of the breach by first class mail, and Lessee shall have thirty (30) days from the receipt of
notice of breach or default to perform said cure.
12.03 In the event Lessee is unable to cure or resolve the breach, Lessor may declare Lessee in
default and breach of this Agreement, and shall proceed with any action necessary to take
possession of the Premises. In the event of an emergency, Lessor shall immediately proceed
with any action necessary to take possession of the Premises. Lessor may terminate this
Agreement in whole or in part, for cause, at any time by giving at least five (5) working days
written notice specifying the effective date and the reasons for termination due to Lessee's
inability to cure or resolve the breach.
.12.04 Lessee shall also be in default under the terms of this Lease if Lessee files a voluntary
petition in bankruptcy, or is adjudicated as bankrupt or insolvent, or files any petition or answer
seeking any reorganization, composition, liquidation, dissolution or similar relief under the
present or future federal bankruptcy act or any other present or fixture applicable federal, state or
other statute or law; or seeks or consents to or acquiesces in or fails within 90 days to set aside
the appointment of any trustee, receiver, or liquidator or Lessee or of all or any substantial part
of its properties or of demised properties. If there shall be determined to be an event of default
as specified in this paragraph, in addition to this Lease being terminated by such default, all rent
then due or which would become due shall in such event be liquidated damages for the loss of
the bargain and not as a penalty.
12.05 In the event this Lease shall be terminated by reason of the default of Lessee, Lessee shall
surrender the Premises in as good or better condition they were at the commencement of this
Lease, normal wear and tear excepted, and if the Premises be not in such condition, the Lessee
shall be liable for such amount of money as is necessary to so replace or repair the Premises.
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UTILITIES:
13.01 Lessor shall provide an adequate septic system to be used by Lessee at the Premises.
Lessee shall provide and pay for all other utility services extended to the Premises including but
not limited to water, electric power, telephone, Internet, heating fuel, and sewer.
DAMAGE TO THE PREMISES:
14.01 Lessee shall be solely responsible for any and all upkeep and maintenance of the interior
of the Premises and any improvements erected thereon (except maintenance and repairs of. the
structural portions of. the Premises that are the responsibility of the Lessor pursuant to this
Agreement), -and shall keep and maintain the interior of the Premises and improvements thereon
in good repair, normal wear and tear excepted, in a manner consistent with the surrounding
improvements and facilities and reasonably acceptable to Lessor.
14.02 Lessor shall be responsible for any, and all upkeep and maintenance of the structural
exterior of the. Premises except to the extent structural improvements as approved by Lessor are
made by Lessee at Lessee's sole cost and expense.
14.03 In the event the Premises, or any part thereof other than improvement made by the Lessee,
are damaged or destroyed by fire, accident or any other form of insured casualty whatsoever,_ .
regardless of cause, Lessor will retain the option to restore, repair, replace or rebuild the same at
its cost to substantially the same condition that exists immediately prior to such casualty. Such
work shall be commenced and completed.as promptly as is practicable in the event said option is
exercised by Lessor. In the event Lessor opts not to exercise said option, this Lease shall
automatically terminate and any monthly rental amounts due and owing shall be pro -rated and
reimbursed to Lessee by Lessor.
14.04 In the event of any damage, destruction or loss to improvements constructed on the
Premises by Lessee, Lessee agrees that it will promptly use the proceeds of the insurance
required by this Agreement to replace; restore, or repair such loss. In the event that such
insurance proceeds are not sufficient to completely replace, restore, or repair such loss, Lessee
shall have the right to terminate this Lease and Lessee shall deliver to Lessor all insurance
proceeds paid to Lessee for damage to improvements at the Premises.
NOTICES:
15.01 All notices sent because of any provision of this Lease shall be in writing and sent by U.S.
Mail delivered to addressee only, with a return receipt, and shall be effective as of the date of
receipt as stamped or written on the return receipt by the postal authority making the delivery.
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15.02 Notice given to Lessor shall be sent to:
Richmond Fire Chief
Richmond Fire Department
50 North Fifth Street
Richmond, Indiana 47374
MODIFICATION OF AGREEMENT:
Notices given to Lessee shall be sent to:
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16.01 This Lease Agreement contains the entire agreement between the parties hereto. Any
modification or addition shall be in writing and signed by all parties hereto in order for said
modification or addition to become effective.
MISCELLANEOUS PROVISIONS:
17.01 Lessor shall have the right to inspect the Premises upon giving Lessee written notice at
least three (3) days in advance of the date Lessor intends to inspect the Premises.
17.02 Lessee or Lessor shall have the right to record this Lease.
17.03 If any.provision of this Lease shall be declared invalid or. unenforceable, the remainder of
this Lease shall continue in full force and effect.
17.04 Lessee shall control the conduct, demeanor, and appearance of its employees, who shall
possess such' technical qualifications and hold such certificates of qualification as may be
required in carrying out assigned duties as the same may affect any of the responsibilities or
duties of Lessee herein.
17.05 Lessee shall comply with all federal, state and local laws, rules and regulations which may
apply to the conduct of the business contemplated to be conducted by Lessee on the Premises,
including rules and regulations promulgated by Lessor, and Lessee shall keep in effect and post
in a prominent place all necessary and/or required permits.
17.06 Lessee shall not permit any paint or other flammable materials to be stored in the
Premises, unless in an approved OSHA container or cabinet.
17.08 Taxes levied on the leasehold improvements, if any, shall be borne by Lessee. Any taxes
that may be assessed against the real estate, exclusive of taxes assesses on any improvements
leased to Lessee, shall be borne by Lessor.
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17.09 Lessee represents, warrants and covenants that it has the authority and power to execute,
deliver, and perform this Lease and has taken all requisite action necessary to authorize the
execution, delivery and performance of this Lease.
17.10 Lessor represents, warrants, and covenants as of the commencement date as follows:
(a) Lessor has the authority and power to execute, deliver, and perform this Lease and has
taken all requisite action necessary to authorize the execution, delivery, and
performance of this Lease;
(b) This Lease constitutes a legal, valid and binding obligation of Lessor enforceable in
accordance with its terms;
(c) Lessor has good and indefeasible and record fee simple title of the Premises free and
clear of any liens, encumbrances, restrictions, agreements, and encroachments
that would interfere with Lessee's uses hereunder;
(d) During the period of Lessor's ownership of the Premises and, to the best of Lessor's
knowledge, for the period prior to Lessor's ownership of the Premises (i) there
were no releases or threatened releases of Hazardous Materials, as hereinafter
defined, on, from, or under the Premises; .(ii) no Hazardous. Materials were used,
generated, stored, or disposed of on the Premises; (iii) no Hazardous Materials
were transported to or from the Premises; (iv) there were no violations of any
federal, state, or local laws, ordinance, or regulations relating to the
environmental, ecological or wetland conditions on, under, or about the Premises,
including, but not limited to, soil and ground water conditions; and (v) there were
no contaminated discharges to a storm sewer. "Hazardous Material" means any
flammable explosives, radioactive materials, hazardous or toxic substances and
waste, or related materials, including but not limited to, "hazardous substances",
"hazardous materials", or "toxic substances" as defined in the Comprehensive
Environmental Response Compensation and Liability Act of 1-980, as amended,
("CERCLA"), the Hazardous Materials Transportation Act, the Resource
Conservation and Recovery Act, all state laws, and all regulations pursuant
thereto. "Disposal", "release", and "threatened release" shall have the meaning set
forth in CERCLA. Lessor shall define, indemnify and hold harmless Lessee, any
successors to Lessee's interest in this Lease, and Lessee's and such successors'
directors, officers, employees, agents, and contractors from and against any
losses, claims, damages (including consequential damages), penalties, liabilities,
costs (including cleanup and recovery costs) and expenses resulting from any
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condition which would constitute a breach of this representation and warranty.
Lessor's indemnity shall survive the termination of this Lease;
(e) Lessor has not received notice of, nor is there any violation of, or non-compliance
with, any laws, orders, rules, regulations, ordinances, or codes of any kind or
nature whatsoever relating to the Premises or the ownership or operation thereof,
including but not limited to, building, fire, health, occupational safety and health,
zoning and land use, planning and environmental laws, orders, rules and
regulations, or of any covenants or conditions, restrictions or agreements affecting
or relating to the ownership, use, or occupancy of the Premises. No condition
exists which constitutes a violation of, or non-compliance with, any such matters.
Lessor shall cure any existing violations or conditions which, through notice or
lapse of time or both, would become violations of any laws, orders, rules,
regulations, 'ordinances, and codes, and Lessor shall comply with all such laws
during the term of this Lease;
(f) Lessor has paid for any materials delivered or furnished to the Premises or work or
labor performed on or in connection with the improvement of and currently
existing on the Premises and no person currently has any lien or right of lien
against the Premises for labor or materials.
17.11 The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit
arising under this Contract, if any, must be filed in said courts.
17.12 Any person executing this Contract in a representative capacity hereby warrants that he
has been duly authorized by his or her principal to execute this Contract.
17.13 In the event of any breach or default of this Agreement by Lessee, and in addition to any
other damages or remedies, Lessee shall be liable for all costs incurred by City due to the
enforcement of this Agreement, including but not limited to City's reasonable attorney's fees.
17.14 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
[Signature Page to Follow.]
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17.15 In the event that an ambiguity or a question of intent or a need for interpretation of this
Agreement arises, this Agreement shall be construed as if drafted jointly by the parties and no
presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto set their hands effective the day and year first
above written although signatures may be subsequently affixed.
"LESSOR"
Richmond, Indiana
Board of Public Works and Safety.
Vicki Robinson, President
Approved:
"LESSEE"
This instrumentprepared by City of Richmond Law Department
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