HomeMy Public PortalAbout092-2021 - Parks - Cierra Bailey - Lease - Charles House CHARLES HOUSE
APARTMENT RENTAL AGREEMENT
THIS AGREEMENT is entered into this day of d L1dI , 2021, by and
between the City of Richmond, Indiana, through its Board of Parks and Recreation (hereinafter
referred to as "City"), and Cierra Bailey (hereinafter referred to as "Employee)";
WITNESSETH:
WHEREAS, Employee is currently an at-will employee for the City of Richmond Parks
Department; and
WHEREAS, City desires to provide Employee with certain non-cash benefits with
respect to residency and lodging at the Parks Department Charles House apartment quarters
located at Glen Miller Park, Richmond, IN 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:
1. SERVICES — The City currently engages the services of Employee and
Employee is an at-will 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 employee,
this Agreement shall be controlling.
2. TERM—The term of this Agreement shall be deemed to have begun on the 28th
day of June, 2021, and shall continue through the 30`h day of September, 2021.
However, in the event Employee is permanently terminated from employment,
this Agreement shall also terminate. The parties agree that this lease agreement
may be renewed on a month-to-month basis following the expiration of the term
if each party agrees to the same.
3. DUTIES —Employee shall devote her time, attention and energies to serve as an
employee for the City during the term of this Agreement. Employee 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 shall be compensated as follows:
Contract No.92-2021
A. BASE COMPENSATION — Except as specifically set forth in Section
S.B. below, Employee' current compensation shall not be altered or affected by
this Agreement.
B. HOUSING — During employment with the City, Employee shall be
permitted to reside the premises described above for which Employee 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 Employee, provided, however, that the City does not provide any
assurances or opinions that the taxable non-wage, noncash benefit to 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 Employee that does not qualify for exclusion from the
Employee's gross income. It has been determined that the fair rental value of
$200.00 per month is appropriate for said premises.
5. DUTIES WITH RESPECT TO HOUSING — Duties and responsibilities with
respect to Employee' residency and lodging at the 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, 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 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 Employee's 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 each makes to the premises and is obligated to secure all permits
Contract No. 92-2021
for said improvements. City agrees to cooperate,upon request and as reasonably
necessary, with Employee' 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, 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 shall
restore, repair, or rebuild any damage to the premises attributable to the
Employee,her 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), 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 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 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 jointly and
Contract No. 92-2021
severally liable for such amount of money as is necessary to replace or repair the
premises.
H. 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 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 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.
J. In the event Employee is permanently terminated or is not re-hired in the
capacity as an at-will Employee, 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 have one (1) month to vacate said
Contract No. 92-2021
premises. In this event, a right to cure is not applicable and Employee will not
be given additional time beyond one (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.
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 is permanently terminated from the City may proceed with any action
necessary to take possession of the premises.
7. 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' agents,
or guests, or due to any failure of the Employee, Employee' 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.
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 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 Employee or by process of operation of law or in any other
manner whatsoever.
Contract No.92-2021
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
Employee under this Agreement, Employee further agrees to pay all reasonable
costs of enforcement, including, but not limited to, reasonable attorney's fees,
whether or not 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: Denise Retz, Superintendent
Richmond Parks Department
50 North 5th Street
Richmond, IN 47374
Employee: Ct e \ I c.-cLA
22-2A Vm-ktlr61z6
Employee:
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" (, -Lc. 249 Z
City of Richmond, Indiana Date:
through its Board of Parks
and Recreation
By: ,President "Employee"
Contract No.92-2021
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Date: Øt
APPROVED BY:
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Davie . Snow, !ayor
Date: o' ®V 2 c�!
Contract No. 92-2021