HomeMy Public PortalAbout198-2021 - Brandon Panensky - yearly agreement for Clughouse apartment rental GLEN MILLER CLUBHOUSE
APARTMENT RENTAL AGREEMENT
THIS AGREEMENT is entered into this 22" day of December, 2021, by and between
the City of Richmond, Indiana, through its Board of Parks and Recreation (hereinafter referred
to as"City"),and Brandon Panensky(hereinafter referred to as "Lessee" or"Lessee(s);
WITNES SETH:
WHEREAS, Lessee is currently an at-will employee for the City of Richmond Parks
Depai talent, specifically the Trail and Service Leader; and
WHEREAS, City desires to provide Lessee(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 Lessee(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 Lessee(s) as an at-will
employee of the City. This agreement shall not alter or affect those services or
Lessee(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 Lessee(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 22'
day of December, 2021, and shall continue on a month-to-month basis.
However, in the event Lessee(s) is permanently terminated from employment,
this Agreement shall also terminate.
Contract No. 198-2021
3. DUTIES—Lessee shall devote his/her time, attention and energies to serve as an
employee of the City during the term of this Agreement. Lessee(s) shall be
under the direct supervision of the City of Richmond Parks and Recreation
Depai tment.
4. COMPENSATION — In consideration for the services to be performed herein,
the Lessee(s) shall be compensated as follows:
A. BASE COMPENSATION — Except as specifically set forth in Section
5.B. below, Lessee(s)' current compensation shall not be altered or affected by
this Agreement.
B. HOUSING — During employment with the City (subject to the
termination provisions contained herein), Lessee 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
Lessee(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 Lessee(s), provided, however, that the City does not
provide any assurances or opinions that the taxable non-wage,noncash benefit to
Lessee(s) qualifies for exclusion from each Lessee'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 Lessee(s) that does not qualify for exclusion from the
Lessee'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 Lessee(s)' residency and lodging at the Clubhouse apai tuient premises
shall include the following:
A. Lessee(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. Lessee(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.
Lessee(s) shall use the premises for residency and lodging related purposes only.
Except for Lessee(s), no other person shall be permitted to use, reside, or lodge
at the premises.
B. Lessee(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 Lessee(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, Lessee(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. Lessee(s), at each Lessee(s)'s respective cost and expense, may make
improvements to the premises after first obtaining written approval from City.
Lessee(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. Lessee(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 Lessee(s)' efforts to secure said permits. Title to any
and all improvements constructed or placed on premises by Lessee(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 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 Lessee(s), Lessee(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. Lessee(s) shall restore,
repair, or rebuild any damage to the premises attributable to the Lessee, 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),Lessee(s) 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
Lessee(s).
F. Property taxes levied on the main premises or real estate, if any, shall be
paid by City.
G. Lessee(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. Lessee(s) shall surrender possession in as good or better condition
as the premises were at the commencement of this Agreement. If Lessee(s) fails
to return premises to City in said good condition, Lessee(s) shall be jointly and
severally liable for such amount of money as is necessary to replace or repair the
premises.
H. Lessee(s) shall not cause any mortgage, lien, or other encumbrance to be
placed on or attached to the premises and if Lessee(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 Lessee(s) shall be forfeited to the City as liquidated
damages, for the breach hereof; provided, however, that Lessee(s) shall not be
deemed in default under this provision if Lessee(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 Lessee(s) fail to perform any of the terms, conditions, and
covenants of this Agreement; or if Lessee(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 Lessee's property; or if Lessee(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 Lessee(s) into default of this
Agreement. In the event of such default, City shall give Lessee(s) ten (10) days
written notice in which time Lessee(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 Lessee(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 Lessee(s).
J. In the event Lessee(s) is permanently terminated or is not re-hired in the
capacity as an at-will Lessee, this Agreement is immediately terminated and
Lessee(s) shall be required to quit the premises. Upon said termination or non-
rehire, City shall provide Lessee(s) with written notice that Lessee(s) must
vacate the premises and that Lessee(s) have one (1) month to vacate said
premises. In this event, a right to cure is not applicable and Lessee(s) will not be
given additional time beyond one (1) month as set forth above. If the Lessee(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 parry'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
Lessee(s) is permanently terminated from the City as an employee and the City
may proceed with any action necessary to take possession of the premises.
Additionally, the City or Lessee(s) may terminate this Agreement without cause
by providing thirty days' written notice to the other party.
7. INDEMNIFICATION-Lessee(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 Lessee(s), Lessee(s)' agents, or guests,
or due to any failure of the Lessee(s), Lessee(s)' agents, or guests, to comply
with or perform any requirements of the provisions of this Agreement, on
Lessee(s)' part to be performed, or due to any use made by the Lessee(s) of the
Premises. In case of any action or proceeding being brought against the City by
any reason of any such claim, Lessee(s), on notice from City, shall resist and
defend such action or proceeding. The foregoing provision shall not be
construed to require Lessee(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,
Lessee(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 Lessee(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
Lessee(s) under this Agreement, Lessee(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 Lessee(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 5th Street
Richmond,IN 47374
Lessee:
Lessee:
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
By1L-: ,President
Date: —1-6 utAL) 1,3-n'i a�a.\
APPROVED BY:
ayor
S
Date: 09 l it 2m2Z
"Lessee"
jfrrie
Brandon Panensky
Date: 0( it l 9'C99'y
"Lessee"
Date: