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Home My Public Portal About142-2012 - Police - Reid Hospital - A lease of Sleep Study BuilLEASE THIS LEASE is entered into this J sT day of Pecern,6& , 2012, by and between Reid Hospital & Health Care Services, hereinafter referred to as "LESSOR", and the City of Richmond, hereafter referred to as "LESSEE", WITNESSETH: 0 1. Premises. Lessor does hereby lease to Lessee and Lessee agrees to take as Lessee upon and subject to the covenants, terms and conditions herein set forth, the premises located at 1430 Chester Boulevard, in the City of Richmond, Wayne County, Indiana, comprised of a building, parking lot, sidewalks and landscaped areas ("Leased Premises"). The Leased Premises shall be used solely by the Richmond Police Department for training and activity reasonably associated with such business. 2. Term. The initial term of this Lease shall be two years, commencing on the 15t day of Pjr�,4#-2012, and extending through the 1 Srday of f7Ei--en 2014. 3. Rent. Lessee shall pay rent for each year of the lease in the amount of one dollar ($1.00), payable in advance, commencing on the first day of,�a 2012, and the first day of —01 �", !!- 2013. 4. Deposit. No security or damage deposit shall be required to be paid by Lessee. 5. Utilities. Lessee will be responsible for all utilities used at the Building during the term of the lease. 6. Repairs and Maintenance. All mechanicals, including but not limited to, electrical, plumbing, HVAC and any equipment owned by Lessor shall be placed in good and operating condition at the commencement of Lessee's possession of the Leased Premises by Lessor. Subsequent repairs and maintenance of said premises including any maintenance of any personal property of Lessor, shall be performed and paid for as follows: roof maintenance (Lessor); structural maintenance (Lessor); personal property (Lessee); all signage (Lessee). Lawncare,'ighting, and snow removal, shall be performed by Lessor. Zon.tract #142-2012 7. Taxes. Lessor shall be responsible for all real estate taxes as such become due during the term of this Lease. Personal property taxes due and payable as a result of Lessee's operation, shall be the responsibility of Lessee during the term of this Lease. 8. Fire and Extended Coveraize Insurance. Lessor will maintain property insurance for the Building as it deems necessary. Lessee will maintain any insurance it desires on the contents and personal property during the term of this Lease. 9. Premises Liability Insurance. Lessee and Lessor shall each maintain insurance for all dainages to person and property claimed by third parties upon or arising from the Leased Premises for no less than Two Million Dollars ($2,000,000.00) with a good and reputable insurance carrier. 10. Possession. Lessee shall be given possession of the premises by k�e,�au1, 2012. 11. Default. In the event of default in the payment of rent due herein or any other obligation on the part of Lessee to be performed, Lessor shall give Lessee seven (7) days to correct such a default, or Lessor shall thereupon terminate the Lease upon twenty-one (21) days further notice and retake possession of the premises without waiving Lessor's rights to all other legal remedies. Further, Lessee shall pay Lessor's reasonable attorney's fees in the enforcement of any default herein. 12. Surrender. Lessee shall surrender the premises to Lessor at the termination of the Lease period in good condition, reasonable wear and tear excepted. 13. Prohibitions. Lessee shall cause no improvements to be added to or excavations upon the real estate, no liens or assessments to be affixed thereto, all of the foregoing without written consent of Lessor, and shall commit no waste thereon. Lessee shall not assign or sublet any portion of the Leased Premises. 14. Personal Property. No personal property of Lessor is included in this Lease. 15. Lessee Further Acknowledges. Lessee has personally investigated or inspected or waives inspections of the Leased Premises as to location, value, condition, environmental and hazardous materials, including mold, mildew, radon, asbestos, zoning and building codes, earnings and appliances and enters into this Lease based upon Lessee's own investigation, and particularly, acknowledges that no representation has been made to Lessee regarding the afore -mentioned items. The Leased Premises are being rented "As Is". 16. No Smoking Policy. S in o k i n g is not permitted within the Building, including any parking areas or other areas that are owned or operated by Lessor. Smoking has been identified by the United States Surgeon General and the Environmental Protection Agency a major cause of preventable disease and death. Secondhand smoke has been shown to be hazardous to the health of non- smokers. 17. Hazardous Materials. Lessee shall not in any manner use, maintain or allow the use or maintenance of the Leased Premises in violation of any law, ordinance, statute, regulation, rule or order (collectively "Laws") of any governmental authority, including but not limited to Laws governing zoning, health, safety (including fire safety), occupational hazards, and pollution and environmental control. 18. Destruction. In the event of the total or partial destruction of the premises by fire or other casualty, this Lease shall cease and come to an end. 19. Signs and Advertising. Lessee shall not place or cause to be placed or maintained on the exterior of the Leased Premises or in the interior of the premises visible to the exterior, any sign, advertising matter or any other thing of any kind, without first obtaining Lessor's prior written approval which consent shall not be unreasonably withheld. Lessee shall be allowed to install a sign on the exterior of the premises at a location designated by Lessor. 20. Inspection. Lessor or his agents or representatives, upon reasonable advance notice, may at all reasonable hours enter upon any part of the premises for the purpose of examining the condition thereof and to determine whether or the extent to which there is hazardous, toxic or infectious waste on the Leased Premises. Lessor shall have the right to immediately enter upon the Leased Premises to remedy any contamination found thereon. In exercising its rights herein, Lessor shall use reasonable efforts to minimize interference with Lessee's business, but such entry shall not constitute an eviction of Lessee, in whole or in part, and Lessor shall not be liable for any interference, loss, or damage to Lessee's property or business caused thereby. 21. Use of Premises. Lessee shall commit no act of waste and shall take good care of the premises, fixtures and appurtenances therein, and shall, in the use and occupancy of the premises, conform to all laws, orders, guidelines, standards and regulations of the Federal, State and municipal governments, and of any of their departments and agencies. Lessee shall not, without Lessor's written consent: (a) do or suffer anything to be done upon the premises which will increase the rate of fire insurance upon the building, (b) permit the accumulation of waste or refuse matter, (c) abandon the premises of suffer the premises to become vacant or deserted, (d) assign, mortgage, pledge or encumber this Lease, in whole or in part, or sublet the premises or any part thereof, and (e) make any alterations, modifications, remodeling or changes to the Leased Premises. Lessee shall commit no act of environmental damage and shall comply with all applicable governmental departments and agencies regulating environmental matters. Further, in this regard, Lessee shall not bring upon the Leased Premises (including within the building thereon or outside, above, on, or below ground) or cause or permit to be kept, used or stored thereon any chemicals, fuel oil, cleaning agents, solvents, wastes or any other materials or substances of any sort which may in any way cause, create, or contribute to any environmental impairment to soil, air, or water upon the premises or upon any adjoining property. In this regard, Lessee shall indemnify Lessor and save and hold him harmless including as to any violation of the foregoing such as costs and expenses, penalties, attorney fees and court costs. 22. Eminent Domain. If the premises, including building thereon, be taken by virtue of eminent domain, this Lease shall terminate on the date when title vests pursuant to such taking. 23. Strict Performance Not Waived. The failure of either party to insist on strict performance of any covenant or condition hereof, or to exercise any option herein contained, shall not be construed as a waiver of such covenant, condition or option in any other instance. 24. Modification Must Be In Writing. This Lease sets forth all of the covenants, promises, agreements, conditions and understandings between Lessor and Lessee concerning the Leased Premises, and Lessor and Lessee respectively acknowledge that there are no covenants, promises, agreements, representations, inducements, conditions or understandings, either oral or written, between Lessor and Lessee other than are herein set forth. No alteration, amendment, change or addition to the Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by each party. 25. Notice. Any notice or consent required to be given by or on behalf of any party to the other shall be in writing and shall be given by personal delivery or by mailing such notice addressed to Lessor at 50 North 5th Street, Richmond, IN 47374, and to Lessee at 1100 Reid Parkway, Richmond, IN 47374, or at such other address or addresses as may be specified from time to time by one of the parties hereto, in writing, and delivered to the other parties. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. LESSEE LESSOR CITY OF RICHMOND REID HOSPITAL & HEALTH CARE SERVICES, INC. a By � By By Vicki Robinson, Presiuent B4j6lha� Lawson,an nt —foster, 'Member Eho Foster,lilIl ember 'i .�: Date:_ APPROVED: 7 Sarah L. Hutton, Mayor Date: 0.0 an Date: cJras� C, 1 J�rCS C�b