HomeMy Public PortalAbout070-2021 - Clubhouse rental agreement between Parks Dept. and interns GLEN MILLER CLUBHOUSE
APARTMENT RENTAL AGREEMENT
THIS AGREEMENT is entered into this O day of d(/t, , 2021, by and
between the City of Richmond, Indiana, through its Board of Parks and Recreation (hereinafter
referred to as "City"), and Juan Junco and Jacquelyn Sapienza (hereinafter referred to as
"Intern" or"Intern(s)");
WITNESSETH:
WHEREAS, Intern(s) are currently at-will Intern(s) for the City of Richmond Parks
Department, specifically temporary unpaid Intern(s); and
WHEREAS, City desires to provide Intern(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 Intern(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 Intern(s) as a temporary
unpaid Intern(s) and Interns) are currently at-will seasonal Intern(s) of the City.
This agreement shall not alter or affect those services or Intern(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 Intern(s)'
standard duties as at-will Intern(s), this Agreement shall be controlling.
2. TERM—The term of this Agreement shall be deemed to have begun on the date
of execution, and shall continue through the 31S` day of August, 2021. However,
in the event Intern(s) are permanently terminated from employment, this
Agreement shall also terminate.
Contract No. 70-2021
3. DUTIES —Each Intern shall devote their time, attention and energies to serve as
a temporary paid intern for the City during the term of this Agreement. Intern(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 Intern(s) shall be compensated as follows:
A. BASE COMPENSATION — Except as specifically set forth in Section
S.B. below, Intern(s)' current compensation shall not be altered or affected by
this Agreement. It is acknowledged, however, that the Intern to this Agreement
receives no compensation.
B. HOUSING—During employment with the City, Intern 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 Intern(s)s 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 Intern(s), provided, however, that
the City does not provide any assurances or opinions that the taxable non-wage,
noncash benefit to Intern(s) qualifies for exclusion from each Intern'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 Intern(s) that does not qualify for
exclusion from the each Intern'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 Intern(s)' residency and lodging at the Clubhouse apai tinent premises
shall include the following:
A. Intern(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. Intern(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.
Intern(s) shall use the premises for residency and lodging related purposes only.
Except for Intern(s), no other person shall be permitted to use, reside, or lodge at
the premises.
B. Intern(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 Intern(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, Intern(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. Intern(s), at each Intern(s)'s respective cost and expense, may make
improvements to the premises after first obtaining written approval from City.
Intern(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. Intern(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 Intern(s)' efforts to secure said permits. Title to any
and all improvements constructed or placed on premises by Intern(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 fmish 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 Intern(s), Intern(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. Intern(s) shall restore,
repair, or rebuild any damage to the premises attributable to the Intern, their
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), Intern(s) shall be responsible for any costs incurred by any
negligent acts of themselves, their 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
Intern(s).
F. Property taxes levied on the main premises or real estate, if any, shall be
paid by City.
G. Intern(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. Intern(s)
shall surrender possession in as good or better condition as the premises were at
the commencement of this Agreement. If Interns) fails to return premises to
City in said good condition, Interns) shall be jointly and severally liable for such
amount of money as is necessary to replace or repair the premises.
H. Intern(s) shall not cause any mortgage, lien, or other encumbrance to be
placed on or attached to the premises and if Intern(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 Intern(s) shall be forfeited to the City as liquidated
damages, for the breach hereof; provided, however, that Intern(s) shall not be
deemed in default under this provision if Intern(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.
I. In the event Intern(s) fail to perform any of the terms, conditions, and
covenants of this Agreement; or if Intern(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 Intern's property; or if Intern(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 Intern(s) into default of this
Agreement. In the event of such default, City shall give Intern(s) ten (10) days
written notice in which time Intern(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 Intern(s), 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 Intern(s).
J. In the event Intern(s) is permanently terminated or is not re-hired in the
capacity as an at-will intern, this Agreement is immediately terminated and
Intern(s) shall be required to quit the premises. Upon said termination or non-
rehire, City shall provide Intern(s) with written notice that Intern(s) must vacate
the premises and that Intern(s) have one (1) month to vacate said premises. In
this event, a right to cure is not applicable and Interns) will not be given
additional time beyond one (1) month as set forth above. If the Intern(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.
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
Intern(s) are permanently terminated from the City may proceed with any action
necessary to take possession of the premises.
7. INDEMNIFICATION - Intern(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 Intern(s), Intern(s)' agents, or guests, or
due to any failure of the Intern(s), Intern(s)' agents, or guests, to comply with or
perform any requirements of the provisions of this Agreement, on Intern(s)' part
to be performed, or due to any use made by the Intern(s) of the Premises. In case
of any action or proceeding being brought against the City by any reason of any
such claim, Intern(s), on notice from City, shall resist and defend such action or
proceeding. The foregoing provision shall not be construed to require Intern(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,
Intern(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 Intern(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. Should it be necessary for City to enforce any of the obligations of
Intern(s)under this Agreement, Intern(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 Intern(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 Retz, Superintendent
Richmond Parks Department
50 North 5'Street
Richmond,
IN 47374
Intern: F 3OC\ C 1cO
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Intern: J GLC,K-I & Si piCI1 i4
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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
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By: i�� , President
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Date:
APPROVED BY:
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"Intern"
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