HomeMy Public PortalAbout070-2020 - Fire - CJM Commercial Properties LLC - Lease - 1204.5 S 9th St - Garage Storage 1
CJM Commercial Properties, LLC Commercial Lease
Leased Premises: Landlord (CJM Commercial Properties, LLC, 1200 S 9th, Richmond, IN 47374)
hereby leases to Tenant (Richmond Fire Dept., 101 S 5th St., Richmond, IN 47374) and Tenant
agrees to take as a Tenant upon and subject to the terms, covenants and conditions herein set
forth the premises located generally at 1204.5 S 9th St., Richmond, IN 47374 consisting of
approximately 1,000 square feet of covered enclosed garage storage space, all of which is
referred to herein as the "Premises."
1. USE: Covered, enclosed, non-climate controlled storage space. Tenant shall not permit the
Premises to be used for any unlawful purpose or in any unlawful manner, nor shall it permit any
activity which would constitute a nuisance.
2. EXCLUSIVE USE: N/A.
3. RENT COMMENCEMENT DATE AND TERM: Anything in the lease to the contrary
notwithstanding,the Rent Commencement Date shall be 1 June 2020.
Lease Period: The term shall be for 12 months
Lease Type: This is a Gross Lease Initial(s) of Tenant
4. RENT RATE:Tenant shall pay the following rent due on the 1st day of each month for the
term of the lease with a total rent payable of$1,800 over 12 months.
Period 1 (1 June 2020—31 May 2021): $150.00
5. OPTIONAL RENEWAL PERIOD: Tenant shall have the right to extend the term of the lease for
one (1) additional, one (1) year period (each an "Optional Renewal Period"). Tenant may
exercise this right by providing written notice to Landlord on or before ninety (90) days before
the expiration of the then current term. Landlord shall send a written reminder of this option
to Tenant one hundred and twenty (120) days prior to the expiration of the term.
Option 1 (1 June 2021—31 May 2022): $150.00
6. ASSIGNMENT/CHANGE OF OWNERSHIP: Notwithstanding anything in the lease to the
contrary, Landlord shall require notice and an opportunity to consent to the continued lease of
the Premises prior to any change of control, merger, acquisition or other company
reorganization of Tenant (the "Change of Control"), provided that if following such change of
control Tenant or its successor entity continues to operate the leased Premises in like manner
as Tenant operated the leased Premises prior to such change of control. Landlord consent shall
not be unreasonably withheld.
Contract No. 70-2020
Initial(s) of Tenant
7. CONDITION OF PREMISES AT DELIVERY TO TENANT:Tenant shall not cause or permit any
mechanics liens to be attached to the property. In the event any such lien is validly attached to
the premises by a non-party herto, Tenant shall immediately pay any such lien or claim and
shall cause any such lien to be released of record without any cost to Landlord.
a.The Tenant will be responsible for all costs associated with upgrading or modifying the
PREMISES to support the intended business model. The Landlord and Tenant mutually agree
that the garage storage space is leased in an "As Is" condition except as provided below with
respect to the Landlord's structural maintenance responsibilities.
8. COMMON AREA MAINTENANCE: Tenant shall not be responsible for any common area
maintenance nor maintenance of outdoor landscaping nor ice or snow removal.
9. REAL ESTATE TAXES: Landlord shall pay the real estate taxes for the entire Premises.
10. LANDLORD INSURANCE: Landlord shall keep hazard and liability insurance on the Premises.
11. COMMON AREA MAINTENANCE, REAL ESTATE TAXES & INSURANCE PAYMENTS: The
Landlord shall be responsible for all real estate taxes and hazard insurance on the premises.
12. UTILITIES:Tenant shall be responsible for the payment of all electric utility bills associated
with the leased space limited to services exclusively serving and provided to the Tenant.
13. FEDERAL EMPLOYER IDENTIFICATION #: In order to receive rent or any other payments from
Tenant as required under the lease the Tenant must provide a FEI number or a Social Security
number and complete a W-9 form.
Landlord's FEI Number: 46-1585240 Tenant's FEI Number:
14. TENANT MAINTENANCE:Tenant at its sole cost and expense shall be responsible for all
interior, non-structural maintenance and repairs (not including HVAC) and internal and external
portions of doors, door hardware and operators, plate glass, all plumbing and electrical wiring
located inside of the Premises and which exclusively serve the Premises provided same were
delivered in good working order and in accordance with the provisions of the lease. Tenant
shall keep the Premises free from common pests unless same are caused by conditions that are
outside the Premises, and shall keep the area around the front and rear doors free of unsightly
debris caused by tenant.
15. LANDLORD MAINTENANCE: Landlord shall at its sole cost and expense be responsible for
exterior and interior structural maintenance and repair, including the roof, roof skin and any
plumbing or electrical wiring that is located outside of the Premises or that does not exclusively
serve the Premises. Landlord shall also maintain all common areas such as but not limited to,
parking lots, sidewalks, landscaping and maintain all exterior lighting in good, clean, working
Initial(s) of Tenant
order, keep the Premises free of all trash and debris, keep the Premises weather tight, and keep
the Premises in a modern looking, respectable manner through timely improvements.
16. HVAC SERVICE, REPAIR & REPLACEMENT: N/A.
17. SIGNS: N/A.
18. CONTINUOUS OPERATION:Tenant shall be under no obligation to continuously operate or
occupy the Premises. However,this clause shall not relieve Tenant of its obligation to pay rent,
and any extra charges required under the lease.
19.TENANT RESTRUCTURING: N/A.
20. RADIUS RESTRICTION: N/A.
21. PARKING: No outside parking permitted or allowed except as temporarily necessary for
Tenant to load and unload Tenant's personal property from time to time.
22. MERCHANTS ASSOCIATION: N/A.
23. QUIET POSSESSION: Landlord confirms it 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 Tenants uses herein and Landlord shall keep the
Premises free from the same for the duration of this Lease and any renewals thereto. Landlord
covenants and agrees that upon Tenant paying the rent and observing and performing all of the
terms, covenants and conditions on Tenant's part to be observed and performed hereunder,
that Tenant may peaceably and quietly have, hold, occupy and enjoy the leased Premises in
accordance with the terms of this.Lease without hindrance or molestation from Landlord or any
persons lawfully claiming through Landlord. In conjunction with this covenant the Landlord also
has the right to process the Tenant for eviction if they are not abiding by this said covenant and
are creating a disruption to any adjacent locations within the plaza itself. The Landlord retains
the right to evict said Tenant for failure to maintain quiet possession. Tenant shall have quiet
enjoyment and shall take any and all actions reasonably necessary to secure the Premises for
the Permitted Uses as set forth or reasonably implied pursuant to this Lease.
24. ADVANCE RENT DEPOSIT: N/A.
25. SECURITY DEPOSIT: N/A.
26. HAZARDOUS AND UNLAWFUL ENVIRONMENTAL CONDITIONS: Landlord warrants that to
the best of its knowledge the Premises has always been, is currently and will be delivered, free
of any unlawful environmental conditions or hazardous substances and shall hold Tenant
harmless against all claims resulting from the uses of Landlord and previous tenants. In the
event that any such materials or conditions are determined to be present by governmental
authority or Tenant, Landlord shall, at its sole cost and expense,take all necessary remedial
Initial(s) of Tenant
measures to remove such materials and correct said conditions.. Tenant shall not use, store or
dispose of hazardous substances of any kind whatsoever upon the Premises. Hazardous
substances mean any hazardous waste, substance or toxic materials regulated under any
environmental laws or regulations applicable to the property. Tenant is wholly responsible for
any and all clean-up, penalty or other costs imposed under said laws or incurred by Landlord as
a result of any Tenant infraction.
27. TENANT'S INSURANCE: Notwithstanding anything to the contrary contained in the Lease
heretofore,Tenant shall only be responsible for the following insurance requirements
regarding the Premises.
a. Tenant shall obtain renters insurance and insurance on all stored items as tenant
determines appropriate. Landlord insurance policy does NOT cover tenant contents in the
premises.
28. NOTICES: Service of any notice between Landlord and Tenant shall be sufficient only if sent
by certified mail with sufficient postage or overnight carrier addressed to recipient. Address
updates may be furnished by one to the other in writing. Notice shall be effective upon receipt
except in the case of the exercise of an optional renewal period in which the notice shall be
effective upon the date mailed.
Notices to Tenant are to be sent to the corporate office below:
Richmond Fire Department c/o Fire Chief
101 S 5th St.
Richmond, IN 47374
Notices to Landlord are to be sent to the corporate post office box below:
CJM Commercial Properties, LLC
1200 S. 9th St.
Richmond, IN 47374
29.TENANT IMPROVEMENT ALLOWANCE: N/A.
30. DEMAND FOR PAYMENT: It shall not be necessary for Landlord to demand the rent or any
other payment or payments of money required to be made under the terms of this lease.
Tenant shall pay each installment of rent and other payments as the same shall become due to
Landlord.
31. SURRENDER OF PREMISES:At the end of the term of this Lease, including any extensions,
and upon any termination of this Lease as provided herein,Tenant shall surrender to Landlord
the leased Premises together with all improvements therein other than signs and modular
Initial(s) of Tenant
partitions. The leased Premises shall be surrendered in broom clean condition, normal wear
and tear excepted. No improvements shall be removed from the leased Premises including but
not limited to, carpeting, walls, lighting fixtures, and any other improvements, other than signs
and modular partitions, without Landlord's written approval. This section shall not prohibit
Tenant from removing its own items of personal property.
32. LANDLORD'S INDEMNIFICATION: Tenant shall indemnify and hold harmless Landlord for any
loss or damage resulting from any claims, actions, causes or suits filed or asserted in connection
with loss of life, bodily injury or property damage arising from or out of any occurrence in, upon
or at the Premises, occasioned entirely or in part by any negligent act or omission of the Tenant
or its agents, contractors employees, servants, invitees, or licensee. Landlord and Tenant shall
each be responsible for their own attorney's fees. Tenant hereby expressly waives any and all.
rights of recovery, claim, action or cause of action against Landlord and its officers, owners, and
employees, for any loss or damage that may occur to the Premises and to all property, whether
real, personal or mixed, located in the Premises, by reason of fire,the elements, or any other
cause insured against under the terms of any insurance policies maintained by Landlord and
Tenant, regardless of cause or origin, including negligence of the parties hereto,their respective
agents, officers and employees. This waiver shall be effective only with respect to loss or
damage occurring while the applicable insurance policy contains a clause or endorsement to
the effect that any such waiver shall not adversely affect or impair the policy or the right of
release or to recover under the policy.
33. LANDLORD'S DEFAULT: If Landlord shall fail to promptly perform any provision of the lease,
and/or exhibits, Tenant shall immediately provide written notice to Landlord who shall have the
opportunity to cure any defect, except in the case of emergency. If the default is not cured
within thirty (30) days (except in the case of an emergency), Tenant may, without waiving any
claims for breach of agreement, (a) abate rent and other charges due under the (eae by 50%
until such time defect is cured; (b) cure such failure and deduct any amount paid to cure the
failure from the rent and other charges due under the lease or (c)terminate its lease.
34. TENANT'S DEFAULT: If Tenant fails to perform any provision of the lease; Landlord shall
immediately provide written notice of default. If Tenant fails to cure any default within thirty
(30) days, Landlord may enter into and upon the Premises or any part thereof and repossess
the same, with or without terminating the lease, and without prejudice to any of its lawful
remedies. Tenant agrees to pay any associated legal costs Landlord may incur related to
Tenant's default. Landlord shall expect and Tenant hereby agrees to pay the full value of the
lease payable (including net charges related to CAM, insurance, and utilities if specified in the
lease) for the duration of the remaining lease term.
35. PERSONAL GUARANTEE: N/A.
36. AUTHORITY TO ENTER INTO LEASE:Tenant and Landlord hereby confirm that the execution,
Initial(s) of Tenant
delivery and performance by each of this lease, and the consummation of the transactions
contemplated hereunder have been duly authorized by all requisite action on the part of each.
Tenant and Landlord further hereby confirm that the executing officers or partners of each
have full power and authority to enter into this lease and to perform their respective
obligations hereunder.
Acknowledged and Agreed.
Landlord: CJM Commercial Properties, LLC Tenant: Richmond Fire Department by and
Through the City of Richmond Board of
Public Works and Safety
a" :froe4,07-t-
Christa Jill McG' ty y
Vicki Robinson, President
President (/
Date: (P*aIs 9 Date: 5-ZI 2D,2O
Emily Palmer, Member
Matt Evans, Member
A oved: ia1 Snow, Mayor
Date: 0\12 6 ZO zD
Initial(s) of Tenant