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HomeMy Public PortalAbout100-2007 - Park - Richmond Evening Optimist ClubLEASE RENEWAL AGREEMENT THIS LEASE AGREEMENT made and entered into this _15'h _ day of November _, 2007 and referred to as Contract No. 100-2007 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Parks and Recreation (hereinafter referred to as the "LESSOR") and OPTIMIST CLUB OF RICHMOND, INDIANA (hereinafter referred to as the "LESSEE"). WITNESSETH: 1. LESSOR hereby Leases unto the LESSEE certain real property located in Richmond, Wayne County, Indiana, located in Clear Creek Park bounded by the Armory on the south side, and the Girl's Softball Diamond on the north side, Clear Creek on the west side, and Northwest 1 Ph Street on the east side. 2. The term of Lease shall be deemed to have commenced on OCTOBER 1, 2007, and shall continue for three (3) years terminating September 30, 2010. This term may be extended by mutual agreement of the parties for an additional three (3) year term. 3. LESSEE shall pay as rent for the demised premises, the amount of One Dollar ($1.00) each year, due and payable on or before the 1 st day of May, 2008, and each succeeding year thereafter during the Leasehold period. 4. LESSEE understands and agrees that the land herein demised is to be used only for the purpose of carrying out a program of youth baseball and other properly supervised youth activities and for no other purpose without the written consent of the LESSOR. Any proposed improvements to the land are to be submitted in writing and approved by the LESSOR prior to undertaking any such improvement. 5. LESSEE shall during the term of this Lease, at its own cost and expense, see that the grass and weeds are cut and the demised premises cared for in a sightly and husbandlike manner. Any improvements on the premises shall be maintained in a neat and attractive manner by LESSEE. 6. The LESSEE agrees to indemnify, release, and hold harmless the City of Richmond, the Department, and all employees, officers, or agents of the same from any and all claims, liability, damages, actions, suits, proceedings, and judgments, and expenses connected therewith including court costs and attorneys' fees, for damage to any property of the LESSOR, of LESSEE, or of any third person as well as for injury to any person, including death, in any way arising out of or connected with or caused by the demised premises, LESSEE'S facilities or by any person utilizing such facilities. As an incident to the aforesaid indemnity LESSEE shall, during the term of this Lease, at its sole cost and expense, maintain public liability insurance, on forms and in companies reasonably satisfactory to LESSOR, against for personal injury, death, or property damage occurring upon, in, or about the demised premises, such Contract No. 100 -2007 insurance to afford protection to the limit of not less than Five Million Dollars ($5,000,000.00) per occurrence in respect to injury or death and property damage, the aggregate amount being not less than Five Million Dollars ($5,000,000.00). Policies for such insurance shall be for the mutual benefit of the LESSOR and the LESSEE, as their interest may appear, and certificates of insurance coverage shall be furnished to LESSOR. LESSEE shall procure renewals of all insurance policies at least ten (10) days before the expiration thereof and all policies shall contain an agreement by the insurer that such policies shall not be cancelled without at least ten (10) days' prior written notice to LESSOR. 7. LESSEE shall not sublet or assign all or any portion of the premises without LESSOR'S written consent prior to such sublet or assignment. If, during the term of this Lease, the LESSOR desires to sell the demised premises, LESSOR agrees that LESSEE shall have the first option to purchase said premises. The purchase price shall be as negotiated by the parties. In the event the parties are unable to reach agreement on the purchase price, the parties shall each select an appraiser. The purchase price shall be the average of the two (2) appraisals. The LESSEE shall have sixty (60) days after receiving the LESSOR'S written notice of intent to sell to notify LESSOR of its intent to exercise said option. 9. Should either party be in violation of any obligation incumbent upon it hereunder and should it fail to correct the same within ninety (90) days after receipt of written notice thereof from the other party, such party may terminate this agreement by written notice to the defaulting party. 10. The LESSOR may use the property being leased by the LESSEE at any time at no cost when not in use by the LESSEE. 11. The LESSOR reserves the right to institute a requirement for coaches participating in a league using this field to complete a nationally recognized coaches training program. The LESSOR will work with the LESSEE to explore the implementation of this proposed requirement. 12. LESSOR shall have the right to terminate this lease if LESSEE fails to satisfy any condition or perform any obligation hereunder. If LESSEE fails to maintain the premises as mandated by this Agreement, it shall be liable for any cost incurred by the LESSOR to perform such maintenance. 13. Pursuant to Indiana Code 22-9-1-10, the Richmond Evening Optimist Club, any sub- contractor, or any person acting on behalf of the Richmond Evening Optimist Club or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this AGREEMENT, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "LESSOR" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation By:_S/S Jennifer M. Eastman Jennifer Eastman, President Date: November 15, 2007 "LESSEE" RICHMOND EVENING OPTIMIST CLUB By:_S/S Jason Flood Printed: LJason Flood ) Title: President APPROVED:_S/S Sarah L. Hutton Date: —November 15, 2007 Sarah L. Hutton, Mayor Date: December 12, 2007