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HomeMy WebLinkAboutArt Council Lease 1996 Conga W--ao t8 LEASE AGREEMENT WHEREAS , the City of Carmel , Indiana, hereinafter referred to as Carmel , is the owner of a certain building located at 30 West Main Street, Carmel, Indiana, and hereinafter referred to as the leased premises ; and WHEREAS, the Carmel Arts Council , an Indiana not-for-profit corporation, hereinafter referred to as the Arts Council, is desirous of leasing the building located at 30 West Main Street , Carmel , Indiana; NOW, THEREFORE, in mutual consideration of the covenants and conditions contained herein the parties agree as follows : 1 . TERM OF LEASE AND CONSIDERATION Carmel agrees to rent , beginning January 1, 1994 , for a period of one (1) year, its property at 30 West Main Street, Carmel , Indiana, for the sum of $1 . 00 payable on or before the first day of January 1994 . This lease shall be renewable annually. 2 . TERMINATION OF LEASE Either party may teLminate this lease within sixty (60) days written notice to the other. 3 . ALTERATIONS AND MAINTENANCE OF THE LEASED PREMISES The Arts Council shall not cause or permit any alterations, additions or changes of or upon any part of the leased premises without first obtaining the written consent of the Carmel Board of Public Works and Safety. All alterations, additions, or changes in the leased premises shall be made in accordance with applicable laws, zoning ordinances, and statutes, and the improvements shall become the property of the City of Carmel, Indiana. 4 . USE, COMPLIANCE WITH LAWS, SIGNS , ASSIGNMENT AND SUBLETTING (a) The leased premises shall be used by the Arts Council only for the purpose of offices, exhibitions open to the public and other Arts Council business, and for no other use or purpose . The Arts Council shall keep the leased premises in a clean and orderly condition and shall conduct its business there in a careful and safe manner. The Arts Council shall not use the leased premises or maintain them in any manner constituting a violation of -z- any ordinance, statute, regulation or order of any governmental authority, including without limitation, zoning ordinances, nor shall the Arts Council maintain, permit or suffer any nuisance to occur or exist on the leased premises . The Arts Council shall not affix to or upon the exterior of the leased premises any sign, insignia, or decoration, without prior written consent of the Carmel Board of Public Works and Safety and complying with the requirements of the applicable zoning bodies . (b) The Arts Council shall not assign, mortgage, encumber, lien, or transfer this lease in whole or in part, or sublet the leased premises or any part thereof, or grant a license or concession in connection therewith without the prior written consent of Carmel . This prohibition shall include any acts which have the effect of an assignment or transfer by operation of law . 5 . INSURANCE, INDEMNIFICATION AND RELEASE (a) Regardless of whether or not separate, several, joint, concurrent, or comparative liability may be imposed upon Carmel , the Arts Council shall indemnify and hold Carmel , harmless from and against all damages, claims and liability arising from or connected with the Arts Council control or use of the leased premises, including without limitation any damage or injury to persons or property. If the City, without fault, shall become a party to litigation commenced by or against the Arts Council , then the Arts Council shall indemnify and hold the City harmless . Indemnification provided in this section shall include Carmel ' s legal costs and fees in connection with any such claim, action or proceeding. The Arts Council does hereby release Carmel from all liability for any accident, damage, or injury caused to any person or property on or about these premises unless due to negligence on the part of Carmel or a latent defect in the leased premises which is actually known to the City of Carmel and not withstanding whether such acts or omissions be active or passive . (b) The Arts Council shall maintain liability insurance and shall provide proof of same upon request by the City. Additionally, the -3- Arts Council shall be responsible for insuring the contents of the leased premises in such amounts as the Arts Council deems appropriate . (c) The City shall maintain property damage insurance on the leased premises and such other insurance as it deems necessary. 6 . DESTRUCTION OF LEASED PREMISES In the event that the leased premises are destroyed, this lease shall terminate forthwith, unless otherwise agreed in writing by the parties . 7 . DEFAULT Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right it may have, enter the leased premises, without demand or notice, and resume possession by action of law at equity, and without being liable for trespass or for any damages and without terminating this lease . The City may remove all persons and property from the leased premises and such property may be removed and stored at cost to the Arts Council . The Arts Council liability for damages shall survive termination. (a) Events of Default The event of default shall occur upon any of the following: 1 . The filing of a voluntary petition in bankruptcy, by the Arts Council ; 2 . The filing of a petition or answer, by the Arts Council, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution or other relief of the same or different kind under any provision of the bankruptcy act or Indiana Not-For-Profit Corporation Act; 3 . The appointment of a trustee, receiver, guardian, conservator, or liquidator of the Arts Council with respect to all or substantially all of its property; 4 . The failure to pay the yearly rental amount ; 5 . The failure of the Arts Council to conform with any act, statute, ordinance, rule, or regulation of any governmental body, after having received thirty days (30) written notice of said violation. 8 . ACCESS TO LEASED PREMISES BY LANDLORD (a) Carmel, its agents, assigns, or other individuals acting by or on its behalf shall be permitted to inspect and examine the leased -4- premises at all reasonable times and Carmel shall have the right to make any repairs to the leased premises which it may deem necessary, but this provision shall not be construed to require the landlord to make repairs except as otherwise required hereby. (b) Should the Arts Council perform all of the covenants and agreements herein provided to be performed on its part, it shall, at all times during the term, have peaceful possession of the leased premises without any manner of hindrance from Carmel or any parties lawfully claiming through Carmel . (c) The Arts Council agrees to allow the premises to be used by Carmel for occasional civic-related programs conducted by volunteers throughout the year. Once a civic-related program is planned, Carmel shall give the Arts Council adequate notice of its intention to use the facility. 9 . MISCELLANEOUS PROVISIONS (a) The caption and articles numbers appearing in this lease are inserted as a matter of convenience and are not intended to define, limit, construe or describe the scope of intent of such provisions . (b) In the event any Court of competent jurisdiction shall determine that any provision of this lease is void or unenforceable, such decision shall not affect the enforceability of the remaining provisions of this lease . (c) Any notices to be given hereunder shall be deemed sufficiently given in writing and; 1 . actually served on the party to be notified or; 2 . placed in an envelope directed to the party to be notified at the following addresses and deposited in the United States Mail by certified or registered mail, postage prepaid; If to Carmel : One Civic Square, Attn: Mayor' s Office, Carmel , Indiana 46032 ; If to the Arts Council : 30 West Main Street, Carmel, Indiana 46032 (d) Carmel agrees that the gas, electric, water and sewer will be paid by Carmel . (e) The Arts Council agrees that telephone charges will be the responsibility of the tenant (Arts Council) . -5- (f) In the event a dispute shall arise between the parties, it is agreed that the Hamilton County Circuit of Superior Courts will be the proper Court for venue and jurisdiction. Further, each party hereto waives their right to trial by jury. IN WITNESS WHEREOF, Carmel and the Arts Council have executed this lease on the '1 day of 1911, and if this lease is executed in counterparts, each shall be deemed an original . Ted Johnsen, ayor and Fran Shoup, President Chairman • th- Carmel Board of Carmel Arts Council Public Works Witness my hand and Notarial Seal this 4 4`' day of 19 96 . My commission expires e-IGl_ No ry"Public e� / ?Y 5�i 1///is �/ilo,C//s"S.( Print'd