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HomeMy Public PortalAbout053-2006 - LEASE United SteelworkersLEASE This Lease made this _3rd day of —August_, 2006, between Local 4039, United Steelworkers of America, of Wayne County, Indiana, hereinafter known as "Lessor" and the City of Richmond, Indiana, by and through its Board of Parks and Recreation, hereinafter known as "Lessee", WITNES SETH: 1. Lessor leases to the Lessee all the real property which it now owns lying east of that certain western boundary line surveyed and described in the plat by Phillip Thornburg, certified as of October 13, 1981, attached hereto as Exhibit "A" and made a part hereof, and containing an area more particularly described in Exhibits "B" and "C", attached hereto and made a part hereof, commencing on the day of 2006, at an annual rent of One Dollar ($1.00) and other consideration, payable in advance on the day of , 2006, and on the same date of each year thereafter. The tenancy shall be on a year-to-year basis subject to termination at the end of any term upon ninety (90) days written notice by either party. 2. The Lessor agrees: A. That the Lessee shall peaceably hold and enjoy the premises during said term without any interruption by the Lessor or by any person rightfully claiming under it. 3. The Lessee agrees: A. To pay for the cost of construction of a fence which was erected along the entire westerly side of the leased premises described in Exhibits "B" and "C" of a total length of approximately five hundred thirty-two and eighteen hundredths (532.18) feet, more or less, or in such other location as mutually agreed upon by the parties in writing. The fence shall be of a type which complies with all fencing ordinances. The fence shall remain the property of Lessee and the parties agree that in the event of the termination of the lease, Lessee shall have the right to remove and keep the fence. B. To maintain the fence along the westerly boundary, once erected, at its expense. C. To use the leased premises for park, recreational and conservation purposes for the use and benefit of the general public only. D. To maintain the leased premises in a clean and attractive condition. E. To pay for the cost of all maintenance and construction, including the cost of clearing land. F. That no buildings shall be constructed upon the leased premises. Contract No. 53-2006 G. That all vehicular traffic shall be prohibited upon the leased premises except for maintenance and emergency vehicles. H. To save harmless the Lessor from any liability arising from injury to person or property caused by any act or omission of the Lessee, its guests, servants, assignees or under -tenants. WITNESS, our hands and seals this _21st_ day of _August_, 2006. Lessor: United Steelworkers of America Of Wayne County, Indiana By: S/S Anthony Arnold Printed: _Anthony Arnold Title: President Lessee: City of Richmond, Indiana by its Board of Works and Safety By: S/S John P. Kenny Printed: John Kenny Title: President STATE OF INDIANA, COUNTY OF WAYNE, SS: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named United Steelworkers of America of Wayne County, Indiana by _Anthony Arnold _President (Title), who acknowledged the execution of the foregoing Lease to be his voluntary act and deed. Witness my hand and notarial seal this _21 st day of _August_, 2006. S/S Teresa A. Dees Notary Public Printed: Teresa A. Dees A resident of Wayne County, Indiana My commission expires: _September 28, 2006_ STATE OF INDIANA, COUNTY OF WAYNE, SS: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named City of Richmond, Indiana, by its Board of Public Works and Safety, by John Kenny, President, who acknowledged the execution of the foregoing Lease to be his voluntary act and deed. Witness my hand and notarial seal this day of , 2006. Notary Public Printed: A resident of Wayne County, Indiana My commission expires: This instrument prepared by Walter S. Chidester, City Attorney, Attorney No. 3210-89, 50 North 5th Street, Richmond, Indiana