HomeMy Public PortalAbout094-2014 - Police - Reid Hospital - Training CenterLEASE
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THIS LEASE is entered into this day of 0ece.�eel , 2014 by and between Reid
Hospital & Health Care Services, hereinafter referred to as "LESSOR", and the City of
Richmond, hereinafter referred to as "LESSEE",
WITNESSETH:
Premises. Lessor does herby 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 I" day of
December, 2014, and extending through the 1 st day of December, 2016.
3. Rent. Lessee shall pay rent for each year of lease in the amount of one dollar ($1.00),
payable in advance, commencing on the first day of December, 2014 and the first day of
December, 2015.
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, lighting, and snow removal, shall be performed
by Lessor.
Contract No. 94-2014
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7. Taxes. Lessor shall be responsible for all real estate taxes as such become due during
term of this Lease. Personal property taxes due and payable as a result of Lessee's
operation, shall be the responsibility of the Lessee during the term of this Lease.
8. Fire and Extended Coverage 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
damages 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 December 1, 2014.
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 to 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 enter 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".
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16. No Smoking Policy. Smoking 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 end 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, any sign, advertising matter of 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 of the Leased Premises. Lessor shall have the right to
immediately enter upon the Leased Premises to remedy any contamination found thereon.
In exercising its right 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 building, (b) permit
the accumulation of waste or refuse matter, (c) abandon the premises or suffer the
premises to become vacant or deserted, (d) assign, mortgage, pledge or encumber this
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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 not
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.
(Remainder of page intentionally left blank.)
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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 51h 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
CITY OF RICHMOND
By
Vicki Robinson, President
Richard Foore, Member
LESSOR
REID HOSPITAL & HEALTH
CARE SERVICES
By
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Sarah L. Hutton, Mayor
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