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HomeMy WebLinkAboutCarmel/Hamilton Co. Parks & RecLEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this ~-- day of , 1984, by and between the City of Carmel, Hamilton County, Indiana, hereinafter called "Landlord", and the Hamilton County Park and Recreation Board, Hamilton County, inafter called "Tenant", WITNESSETH THAT: WHEREAS, the Landlord desires to let to the certain parcel of real estate in Hamilton County, more particularly described as follows: See Exhibit "A", attached hereto made a part hereof. Indiana, here- Tenant that Indiana, being and being hereinafter called the "Leased Premises" and the Tenant desirous of leasing said Leased Premises from the Landlord, all on the terms and conditions hereinafter set forth; NOW, THEREFORE, for and in consideration of the rents and covenants hereinafter contained, Landlord and Tenant do hereby enter into the following agreements and undertakings: ARTICLE I The Leased Premises, The Terms, and Rent Therefor Landlord hereby leases and demises to the Tenant, and the Tenant hereby takes and leases from the Landlord 'the Leased Premises, which the Tenant shall have and hold subject to the terms and conditions of this lease for a fifty (50) year term beginning on the ~6~t day of A~-il , 19~, and ending on the ~ day of ~ , 20~_~, hereinafter called the "Term"; and in consideration therefor, Tenant hereby agrees to pay rent in the amount of One Dollar ($1.00) per year commencing on the ~ day ~{I , 19~, and a like sum on or before the ~ day of of the Term of this Lease, advance. -Sandlord ~Dril of each year thereafter during or may be prepaid for the entire Term in Do!l=rc ($ ) COPY ONLY - Original is being held in Escrow by-CamPbell Kyle as Escrow Agents per Agreement dated April 2, 1984. ~NOT FOR RECORDATION Proffitt ~,~g'e Two ARTICLE II Use of Premises Tenant covenants and agrees and Landlord authorizes and consents to the use of the Leased Premises as a public park and picnic area. Landlord hereby grants Tenant the right to construct and erect'and maintain any and all such structures, facilities, buildings, appliances, equipment, accessories, roads, parking areas, paths aqd any other improvements and/or land alterations necessary a~d useful for the carrying out of the purposes outlined above and reasonably necessary for the utilization of the Leased Premises for said purposes.- ARTICLE III Proposed Development of Leased Premises Tenant covenants and agrees and Landlord authorizes and consents to the development of the Leased Premises as outlined in Exhibit "B", attached hereto and made a part hereof. Such plan may be modified or amended by the agreement of the parties.in writing as may be necessary from time to time. Such development may be evenly or unevenly distributed through the Term, as Tenant shall decide and as funds shall become available, subject to the terms and conditions of the Escrow Agreement entered into by the Parties this same date, attached hereto as Exhibit "D". ARTICLE IV Maintenance of Leased Premises Tenant agrees to keep and maintain the Leased Premises in conformance with the National Maintenance Standards for Public Parks and in a clean, sightly and healthful condition, and in good repair at its own expense and shall yield Landlord upon termination of the Lease in cleanliness and repair and sightliness as hereof, loss by fire or the elements, and the same back to the the same condition of at the date of execution reasonable wear and tear excepted. COPY ONLY - Original is being held in Escrow by Campbell Kyle Proffitt as Escrow Agents per Agreement dated April 2, 1984. NOT FOR RECORDATION Lease Agreement ' Page Three ARTICLE V Removal of Structures at End of Term It is further understood and agreed that any structures or additions to the Leased Premises shall be considered to be the property of the Tenant insofar as the same are capable of being removed from the land without damage or injury to the land itself and may be removed by Tenant upon termination of the Lease if said removal can be made without injury to the land. To the extent that structures or improvements may be added to the Leased Premises by the Tenant that are incapable of being removed without damage to the land or which Tenant does not wish to remove, same shall be deemed, at the termination of the Lease, to be the property of the Landlord. ARTICLE VI Payment of Expenses, Compliance with Laws Tenant further covenants and agrees that it will pay all bills and charges incidental to the carrying out of the purposes for which the Leased Premises is being leased to it during said Term or extension thereof; that it will not use or occupy the Leased Premises for any unlawful purpose; and that is will control the public areas and maintain order with the assistance of police authorities. ARTICLE VII Covenant for Quiet'Enjoyment Landlord for itself and its successors and assigns hereby covenants and agrees that said Tenant shall peaceably and quietly hold, occupy and enjoy said Leased Premises during said Term with- out any hindrance of molestation by Landlord or any person or persons lawfully claiming under it, and Landlord shall pay all assessments levied against the Leased Premises. ARTICLE VIII Access Landlord for itself and its successors and assigns hereby covenants that it shall maintain adequate roads over the adjoining COPY ONLY - Original is being held in Escrow by Campbell Kyle Proffitt as Escrow Agents per Agreement dated April 2, 1984. Page Four Lease Agreement real estate owned by it so as to permit Tenant and its invitees free public access to the Leased Premises at all times; provided, however, that neither the Tenant, nor its successors, ass%gns o~ invitees shall have access to the property in the~ southwest corner of the premises on which is located the water treatment plant. Tenant for itself and its successors and assigns hereby. covenants that Landlord and its invitees shall have free access over the Leased Premises. The Landlord shall have free and unencUmbered access to the three (3) water well sites on .the . property. The three (3) well sites are shown on the map of the park attached hereto as Exhibit "C". Landlord agrees to construct a fence around each of the developed well sites, and Tenant, its . guests and invitees, shall not have access to these well sites. In addition, Tenant shall not construct any permanent improvement over the access routes to the well sites, such access routes are Shown on Exhibit "C". Tenant agrees that it shall not construct sewer lines within a~200 feet radius of the well sites. ARTICI~E IX Indemnity and Liability Insurance ~..~ Tenant shall indemnify and hold 'the Landlord harmless from any and all liability, loss, costs, damages or expense, including. reasonable attorney's fees on account of bodily injury to or death of any person, including any agent, servant or employee of the Tenant or the Landlord, or loss or.destruction to any property which injury, death or damage arises out of the Tenant's posses- sion or use of the Leased Premises, unless the injury, death or damage is the proximate result solely of the Landlord's careless- ness or negligent conduct, if any. As between the Landlord and Tenant, all property of the Tenant kept, stored or maintained upon or in the Leased Premises shall be so kept, stored, or maintained at the sole risk of the Tenant. Tenant agrees that it shall carry sufficient liability insurance to protect the Tenant and the Landlord from any loss or claim arising out of the above and that Tenant.agrees to pay insurance premiums necessary to maintain said. insurance in full force and effect. COPY ONLY - Original i~ being held in Escrow by Campbell Kyle as Escrow Agents per Agreement dated April 2, 1984. NOT FOR RECORDATION Proffitt LeaSe Agreement Page Five ARTICLE X Abandonment or Default In the event Tenant abandons or vacates the Leased Premises' before the end of the Term or the end of any renewal thereof, the Landlord may take possession of the Leased Premises and re-let them without such action being deemed an acceptance of the surren- der of the Lease or any way terminating the Tenant's liability hereunder. In the event Landlord, it its judgment, shall ~bel~eve that Tenant .is in default or has breached the terms of this Lease, Landlord may at its option give written notice of such and shall allow Tenant six (6) months in which to remedy any matters deemed by the Landlord to be a breach or default of. this Lease. In the event Tenant shall fail to remedy such alleged default or breach, Landlord's sole and exclusive.~emedy shall be to correct such breach or default and any expenses thereof shall be paid by Tenant- within six (6) months after written notification thereof. ARTICLE XI option to Renew Landlord and Tenant agree and covenant that the Term of this Lease may be extended at the option of the Tenant'for one succes- Sive period of twenty-five (25) years. Such option ~o extend shall be exercised by the Tenant by giving written notice~to the Landlord not less than six (6) months prior to the termination of' the original Term. Such extended term shall be upon the same~ terms, covenants and conditions, and with the same rental payment, as provided in this Lease for the original Term. ARTICLE XII Notices Section 1. Notice to Landlord. Any notice that is to be given h~reunder to the Landlord shall be deemed.to have been properly given if it shall be sent to the Landlord at the office of the Mayor of the City of Carmel, 40 East Main Street, C~rmel, Indiana 46032, (or such other address as may be furnished by the Landlord),.by United States certified or registered mail, and COPY ONLY - Original is being held in Escrow by Campbell Kyle Proffitt as Escrow Agents per Agreement dated APril 2, 1984. NOT FOR RECORDATION Lease Agreement Page Six shall be postmarked not later than the date by which the~notice was to have been given. Section 2. Notice hereunder to the Tenant given if it shall be sent to the Tenant at Noblesville, Indiana 46060, (or such other furnished by the Tenant), by United States maiI, and shall be postmarked not later than the to Tenant. Any notice that is 'to be given sh~ll be deemed ~o have been properly Post office Box 236, address as may be certified or registered date by which the notice was to have been given. ARTICLE XIII General Covenants All covenants and agreements herein contained shall inure to and be binding upon the respective heirs, successors, legal, repre- sentatives and assigns of the parties hereto. IN WITNESS WHEREOF, this Lease Agreement ~as been executed as of the day and year first above written. CITY OF CARMEL "Landlord" Attest: ~ ~ ~ . HAMILTON COUNTY PARK AND RECREATION BOARD By , , ~ .~_&$ Presiaent "Te nant" COPY ONLY - Original is being held in Escrow by Campbell Kyle Proffitt as Escrow Agents per Agreement dated April 2, 1984. NOT FOR RECORDATION Lease Agreement STATE OF INDIANA SS: COUNTY OF HAMILTON Page Seven Before me, the undersigned, a Notary Public in and for said \ County and State, personally appeared Jane A. Reiman and ~. //~d~ , the Mayor and ~~, respectively, of the City of Carmel, and acknowledged~the execution of the foregoing instrument to be the voluntary act and deed of said City and of themselves, as such officials. Witness my hand and Notarial Seal this ~ day of /~ , 1984. My commission expires: Notary Public Res~dent of /~3 County STATE OF INDIANA .)~ ) SS: COUNTY OF HAMILTON ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared ~,~-~o~ and ~a~e ~.~- , the Pres~den~ and Secretary, respectively, of the Hamilton County Park and Recreation Board, and acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said Board and of themselves, as such officials. Witness my hand and Notarial Seal this ~ day of ~e{/ , 1984. ~/;//,.~ O_' ~L~ ~ ~ . No~r~ Public Resident of ~/~ /~ County My commission expires: 198 South 9th Street, P.O. Box E, Noblesville, Indiana 46060. COPY ONLY - Original is being held in Escrow by Campbell Kyle Proffitt as Escrow Agents per Agreement dated April 2, 1984. EXHIBIT "A" A part of the South Half of the Southwest Quarter of Section 4I Township 17 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Beginning 886.45 feet North of the Southwest.Corner of the Southwest Quarter of said Section 4 and on the West line thereof; thence continuing North, on and along said West line, 438.75 feet to the ~Iorthwest corner of the South Half of the Sou'thwest Quarter of said Section 4; thence North 89 degrees, 45 minutes East on and along the North line of said South Half; 1146.65 feet; thence' South 00 degrees, 04 minutes West, 918.75 feet; thence South 89 degrees, 45 minutes West parallel %~ith said North'line of' said.South Half, 870.58 feet; thence North 00 degrees, 00 minutes, 00 seconds East parallel to said West line, 173.00 feet; thence ~4orth 89 degrees, 45 minutes East parallel t© said North li;~e, 580.00 feet; thence South 00 degrees 04 minutes West, 73.00 feet; thence North 89 degrees, 45 minutes East, parallel to said North line, 200.00 feet; thence North 00 degrees, 04 minutes East, 200.00 feet; thence South 89 degrees, 45 minutes West', parallel to said North line, 200.00 feet; thence South 00 degrees, 04 minutes West, 97.00 feet; thence South 89 degrees, 45 minutes West, parallel with said North line, 580.00 feet; thence North O0 degrees, 00 minutes, 00' seconds East, parallel with said West Line, 277.00 feet; thence South 89 degrees, 45 minutes West, parallel with said North line, 275.00 feet to'the point of beginning; containing 19.82 acres, more or.less. "CoPy ONLY - Original is being held in Escrow by Campbell Kyle Proffitt as Escrow..Agents per. Agreement dated April 2, 1984. NOT'FOR RECORDATION EXHIBIT "B" Proposed The Park shall 1. An eight well and 2. Three (3) 3. Picnic areas and shelters. 4. Areas for passive recreation. 5. Nature areas. 6. Four (4) lighted tennis courts. 7. Volleyball courts. 8. A playground for small children ball diamonds. Development of Leased Premises include the following facilities: (8) lane, 50 meter swimming pool, with "kiddie pool" lighted softball diamonds. a diving located near the soft- COPY ONLY - Original is being held in Escrow .by Campbell Kyle Proffitt as Escrow Agents per Agreement dated April 2, 1984. t/, N~ v~R RECORDATION