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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