HomeMy WebLinkAboutAccucableLEASE
This Lease Agreement made and entered into
4-te.a.e_. 6.
this aQ day of Ag 987,
by and between the City of Carmel, hereinafter referred to as "City" and
ACCUCABLE CO., an Indiana Partnership, hereinafter referred to as "Company".
1. City in consideration of the covenants and agreements with Company
hereinafter set forth, hereby leases to Company the Real Estate described in
Exhibit A attached hereto to conduct, carry on, and engage in the general
business of operating a community television system.
2. City and Company specifically agree that this Lease grants to Company
the right to use the structures on that portion of the Real Estate designated
as Parcel 1 on Exhibit A to place its attachments (television antennas) and
the exclusive right to use that portion of the Real Estate designated as
Parcel II on Exhibit A to place and locate its building and its electronic and
all other equipment necessary to operate its cable television system.
3. This Lease shall be for a term of fifteen (15) years. This Lease
shall become effective on the 1st day of April, 1987 and shall continue in
full force and effect until the 31st day of March, 2003, unless terminated
prior thereto as hereinafter set forth.
4. Company shall pay to City for rent of the Real Estate the sum of One
Thousand Dollars ($1,000.00) per year, payable in advance on the first day of
April each year.
5. Company shall pay and be responsible for any and all personal property
taxes on its above described cable television personal property.
6. No clause in this Lease shall be interpreted so as to create or allow
any mechanics, labor, materialmen, or other creditors of Company to obtain a
lien or attachment against the Real Estate. In its occupancy of the Real
Estate, Company shall comply with all applicable laws, ordinances and
regulations of the United States of America, the State of Indiana or the City.
7. Company assumes all risk and responsibility for accident or damage to
person or property arising from the use of or in or about the Real Estate by
Company. In addition, Company covenants and agrees that it shall indemnify
and save harmless City from any and all loss, damages or expenses of any kind
or character whatsoever arising out of any claim, whether groundless or not,
which may hereafter be made against Company or City by or on behalf of any
person, firm or corporation whatsoever for damages of any kind or character
either to person or property resulting from the exercise by Company under this
Lease. Failure to keep said insurance policy or bond in force or current
shall constitute grounds for revocation of this Lease. Further, Company shall
purchase and keep in full force and effect during the term of this Lease a
liability insurance policy or an indemnity bond, as Company shall elect, in a
sum not less than $500,000 for the death of or injury to all persons affected
and a sum not less than $250,000 for damage to property and all in any one
accident. Proof of said insurance or bond shall be furnished to City annually.
8. Company shall have the tight of ingress and egress for the enjoyment
of this Lease on reasonable routes designated by City over and upon lands of
City and from public streets and highways.
9. Company shall not sell or assign this Lease or sublet the premises, or
any part thereof, without the prior written consent of City, which consent
shall not be unreasonably withheld.
10. Upon failure by Company in the payment of rent or the performance or
observance of any other covenant or agreement contained in this Lease, this
Lease, at the option of the City, shall terminate and be of no further force
or effect; provided, however, that Company shall have a thirty (30) day grace
period after receipt of written notice in which to correct any alleged failure
before Company shall be in default of this Lease.
11. Upon termination of the Lease, Company shall remove any building,
fence, antennae, cables or other personal property from the Real Estate and
shall restore the Real Estate to its condition immediately prior to the
execution of this Lease.
12. This Lease shall be binding upon the parties and their successors and
assigns.
IN WITNESS WHEREOF, City and Company have executed this Lease.
Attest:
SPU , \ tWeb
Dorothy J. ahcock, Clerk -Treasurer
THE CITY OF CARMEL, INDIANA
COMMON COUNCIL
e A. Reiman, Mayor
ACCUCABLE CO.
Byl�%%
ichael S. aurer, Gen. Partner
STATE OF INDIANA
COUNTY OF HAMILTON )
Before me, a Notary Public in
appeared Jane A. Reiman and Dorothy
and Clerk -Treasurer, respectively,
foregoing Lease on behalf of the City
Witness my hand and
and for said County State, personally
J. Hancock, known to me to be the Mayor
and acknowledged the execution of the
of Carmel, Indiana.
Notarial Seal this ZD7.- day of 4741 , 1987.
My Commission Expires:/0U, 7`/ ///Oe
STATE OF INDIANA )
COUNTY OF HAMILTON )
/� No
Resident
Before me, a Notary Public in and for
appeared Michael S. Maurer, known to me to be
Co., and acknowledged the execution of the
AccuCable Co.
L
tary 'Public T #1"i
of /4/14flh/L 7Z' 4JCcunty � -
said County State, personally
a General Partner of AccuCable
foregoing Lease on behalf of
Witness my hand and Notarial Seal this al -S. day of , 1987.
Notary Public `(hco<Nix ;:1,.San'St\
My Commission Expires: 3{?`4,�r6 Resident of -..\aCounty.
PIC Job 487352-00000
March 9, 1987
Sheet 1 of 2
PAUL I.CRIPE,INC./7172 Graham Road/Indianapolis, Indiana 462501(317) 842-6777
EXHIBIT A
LEASE DESCRIPTION
PARCEL I
Part of the East Half of the Southeast Quarter of Section 25, Township 18
North, Range 3 East, Hamilton County, Indiana, and being more particularly
described as,follows:
Commencing at a point on the North line of said half Quarter Section being
North 90 degrees 00 minutes 00 seconds East (assumed bearing) 487.54 feet
measured (488.2 feet deed) from the Northwest corner thereof; thence South 0
degrees 00 minutes 00 seconds West 732.07 feet measured (732.44 feet deed) to
an iron pipe found marking the Northeast corner of a tract conveyed to the
City of Carmel in Deed Record 318, page 96, in the Office of the Recorder of
Hamilton County, Indiana, said point being on the West right of way line of
the Monon Railroad; thence South 0 degrees 46 minutes 01 seconds West along
said right of way line, 252.31 feet to the point of beginning; thence
continuing South 0 degrees 46 minutes 01 seconds West along said right of way
line 51.58 feet to its intersection with the North face of an existing
concrete block building prolonged; thence North 89 degrees 47 minutes 27
seconds West along said North face of building prolonged and North face of
building 34.80 feet to a point on the East edge of an existing concrete ramp;
thence North 0 degrees 46 minutes 01 seconds East along said east edge and
East face of an existing building, 51.58 feet; thence South 89 degrees 47
minutes 27 seconds East 34.80 feet to the point of beginning and containing
0.011 acres, more or less.
LEASE DESCRIPTION
PARCEL 1I
Part of the East Half of the Southeast Quarter of Section 25, Township 18
North, Range 3 East, Hamilton County, Indiana, and being more particularly
described as follows:
Commencingat
a point on the North line of said Half Quarter Section being
North 90 degrees 00 minutes 00 seconds East (assumed bearing) 487.54 feet
measured (488.2 feet deed) from the Northwest corner thereof; thence South 0
degrees 00 minutes 00 seconds West 732.07 feet measured (732.44 feet deed) 'Co
an iron pipe found marking the Northeast corner of 'la tract conveyed to the
City of Carmel in Deed Record 318, page 96, in the Office of the Recorder of
Hamilton County, Indiana, said point being on the West right of way line of
the Monon Railroad; thence South 0 degrees 46 minutes 01 seconds West along
said right of way line, 303.89 feet to its intersection with the North face of
an existing concrete block building prolonged and the point of beginning;
thence continue South 0 degrees 46 minutes 01 seconds West along said right of
way line, 53.00 feet; thence North 89 degrees 47 minutes 27 seconds West, ,
parallel with said North face of building, 56.00 feet; thence North 0 degrees
46 minutes 01 seconds East, parallel with said right of way line, 53.00 feet;
thence South 89 degrees 47 minutes 27 seconds East along said North face of
building prolonged and North face of building, 56.00 feet to the point of
beginning and containing 0.068 acres, more or less.
Land Development Engineers/Land Surveyors/Architects/Lana Planners
P/C .1o4 t 873Sz -00000
March 9,/987
sheet z of 2
PAUL I.CRIPE,INC./7172 Graham Road/Indianapolis, Indiana 46250/(317) 842-6777
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Land Development Engineers/Land Surveyors/Architects/Land Planners