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HomeMy WebLinkAboutCarmel Symphony„,\ o\ oaf. AMENDMENT TO LEASE AGREEMENT APPROVED, AS TO FORM BY: ` This Amendment to Lease Agreement ("Amendment") is dated this ?day of 1997 by and between the City of Carmel, Indiana (hereinafter, "Carmel") and t e Carmel Symphony Orchestra, Inc., an Indiana not-for-profit corporation (hereinafter, "Symphony"). WHEREAS, Carmel and Symphony, on June 1, 1993, entered into a Lease Agreement ("Lease"), a copy of which is attached hereto as Exhibit A whereby Carmel leased to Symphony, for an annual sum of $1,500.00, payable in monthly installments of $125.00 each, the premises located at 15 First Avenue NE, Carmel, Indiana; and WHEREAS, Symphony has requested that its annual Lease payment be reduced; and WHEREAS, Carmel desires to amend the Lease to provide that such annual Lease payment be reduced in accordance with the request of Symphony. NOW, THEREFORE, in consideration of the foregoing recitals, and effective on April 1, 1997, Paragraph 1 of the Lease, entitled "Term of Lease and Consideration," is hereby amended and restated as follows: TERM OF LEASE AND CONSIDERATION Carmel agrees to rent, beginning June I, 1993, for a period of one (1) year, its property at 15 First Avenue, NE, Carmel, Indiana, for the sum of $125.00 payable monthly on or before the first of the month in advance. Carmel further agrees that such monthly Lease payments shall be reduced from $125.00 to $1.00 per year effective April 1, 1997, should the Lease remain in effect as of that date. This Lease shall be renewable annually. The remainder of the Lease terms and conditions shall continue in effect as written. [balance of page intentionally left blank] IN WITNESS WHEREOF, Carmel and Symphony have executed this Amendment to Lease Agreement, effective on the date the last party hereto executes same. CITY OF CARMEL, by and through its Board of Public Works and Safety Billy Wialker, Member Date: 1117114/ ATTEST: CARMEL SYMPHONY ORCHESTRA, INC. l Printed Name: di !Ii vt / . !/e ✓A44N707- Title: Ae3Satt...* Date: s/L2-97 LEASE AGREEMENT WHEREAS, the City of Carmel, Indiana, hereinafter referred to as Carmel, is the owner of a certain building located at 15 First Avenue NE, Carmel, Indiana, and hereinafter referred to as the leased premises; and WHEREAS, the Carmel Symphony Orchestra, Inc., an Indiana not- for-profit corporation, hereinafter referred to as the Symphony, is desirous of leasing the building located at 15 First Avenue, NE, 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 June 1, 1993, for a period of one (1) year, its property at 15 First Avenue, NE, Carmel, Indiana, for the sum of $125.00 payable monthly on or before the first day of the month in advance. This lease shall be renewable annually. 2. TERMINATION OF LEASE Either party may terminate this lease within sixty (60) days written notice to the other. 3. ALTERATIONS AND MAINTENANCE OF THE LEASED PREMISES The Symphony 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 WIT11 LAWS. SIGNS ASSIGNMENT AND SUDLETTING (a) The leased premises shall be used by the Symphony only for the purpose of offices and instruction, and for no other use or purpose. The Symphony shall keep the leased premises in a clean and orderly condition and shall conduct its business there in a careful and safe manner. The Symphony shall not use the leased premises or maintain them in any manner constituting a violation of any ordinance, statute, regulation or order of any governmental authority, including without limitation, zoning ordinances, nor shall the Symphony maintain, permit or suffer any nuisance to occur or exist on the leased premises. The Symphony 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 Symphony 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 Symphony shall indemnify and hold Carmel, harmless from and against all damages, claims and liability arising from or connected with the Symphony's 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 Symphony, then the Symphony 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 Symphony 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 Symphony shall maintain liability insurance and shall provide proof of same upon request by the City. Additionally, the Symphony shall be responsible for insuring the contents of the leased premises in such amounts as the Symphony 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 the costs of the Symphony. The Symphony's 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 Symphony; 2. The filing of a petition or answer, by the Symphony, 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 Symphony with respect its all or substantially all of property; 4. The failure to pay the monthly rental amount; 5. The failure of the Symphony 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 premises at all reasonable times and Carmel shall have the right to make any repairs to the leased premises which it may deem necessary, .V:.. but this provision shall not be construed to to make repairs except as otherwise required (b) Should the Symphony perform all of require the landlord hereby. 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. 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 Symphony: 15 First Avenue, NE, Carmel, Indiana 46032 (d) The Symphony agrees that access to the restroom facilities shall be made available at all times to any parties using (with Carmel's permission) the building at 11 First Avenue NW. This includes but is not limited to the Indiana Performing Arts Academy, Inc., and the Richland Voting Precinct. (e) The Symphony agrees that lawn maintenance and snow removal will be the responsibility of the tenant. (f) The Symphony agrees that the gas, electric and telephone utilities will be the responsibility of the tenant. Water and sewer will be included in the rental price and paid by Carmel. (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 Symphony have executed this lease on the /9-M day of if this lease original. ///ety ,1993, and is executed in counterparts, each shall be deemed an Ted Johnson, Mayor and Chairman of the Carmel Board of Public \Work ) Organizaatio rg Thr Title Witness my hand and Notarial Seal this , 19 C/3 My commission "expires 4.k tl✓ / r1 %lr q67 /4 day of No ary ublic Printed City of Carmel Office of Clerk -Treasurer One Civic Square Carmel, IN 46032 PHONE# 317-571-2414 FAX# 317-571-2410 DATE: Vli#M7 TO: ( i jy,.,,_r4 ,�, COMPANY: jr_r4,7 FAX NUMBER: ? ' '/—'q/s FROM: 60,_ge , GO/ Number of page(s) being transmitted, including this data sheet The original of this transmission will (WiTir6b be sent separately. COMMENTS: RE: of ,, y ,„,-;flf % 0 e l Irl _ Qn�o,ti� vLo [A O D) NOTICE: The information contained in this facsimile message is legally privileged and confidential information intended for the individual or entity to whom it is addressed. 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