HomeMy WebLinkAbout1987 AccuCable LeaseFem. ? •?
LEASE This Lease Agreement made and entered into this ?^ K
-ld0L day of Ap&ff 1987,
by and between the City of Carmel, hereinafter referred to as "City" and
ACCUCAOLE CO., an Indiana Partnership, hereinafter referred to as "Company".
1. City in consideration of the covenants: and agreements. with Company
hereinafter set torth, 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 I on Exhibit A to place its attachments (television. antennas) and
the exclusive right to use that portion of the Real Estate designated as
Parcel 11 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, 200, 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, of other' creditors of Company to'".obtain a
lien of 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 of 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 he,nafter be made against Company or City by of on behalf of any
person, firm or corporation whatsoever for d '
amages of any kind or characteiIN
either to person or property resulting from the exercise by Company under this
Lease. Failure co keep said insurance policy or bond A force or cuitent
shall copstytute 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 asum not less than $250,000. for damage to property and all in any one
accident, proof Of'sa;id.insurance.or'bono sha'il`be furnished to City annually:
8. Company shall have the right of ingress, and egress for. the enjoyment
of this Lease on 'reasonable routes designated, by City over, and jypon lands of
City and from public streets and highways,
9:., Company shall not sell or assign this Lease or sublet the premises, cr
any part thereof, without the prior written consent' of City, which consent
shall =not he 'unreasonably withhold.
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
fl:'ease, at the option of the City, shall terminate and be of ho further :force
or a:ffect; provided, however, that Company shall have a thirty (80) day grace
period after receipt of written notice' fn which to corcect any alleged failure
before. Company shall be in default. of this Lease.
PL .Upon termination of the Lease, Company shall remove any building,
fence, antennae, cables or other personal property fiom the Real Estate' and
shall restore the Real Estate to its condition immediately prj6r to the
execution, of this" Lease, ..
12. This pease shall be binding upon the,pa,r:t'ies and theta successors and
assigns.
IN'W1 ESS WHEREOF, City and Company- have executed this Lease:
Attest:
r
rothy J. 3a{coCk, Clerk-Treasurer
'fitE Ciamy OF CARMEL, iN_D1ANA
COMAION COONC:l L,
e. A. Reiman,, Ma. Or
ACCUCASLE Co.
?R? ,L~
yrric hael 5, au'rer, Gen. Pa r.tner,
STATE OF INDIANA
COUNTY OF-HA14ILTON
Before me; a Notary Public in and €or said' County, :State, personally
appeared Sane A. Reiman' and Dorothy J. 'Hancock, known to me to be, the: Mayor
and Clerk-Treasurer, respectively, and acknowledged the :execution of the
foregoing lease on, behalf of th'e Ccy.of Carmel, Indiana.
witness my hand and'Notar'ia,l Seal this Z-4/- day of Ll9f7
?Z, 1983.
My Commission Expires •/??L?. e
STATE. OF INDIANA J
1
COUNTY OF` HAMILTON.
Notary. €,ublc
.
19A iG t,lirj .C. i?9 T7 A-.'
Resident of _ f i?.W/zz , i,v£oiint "
y
Before me, a Notary public in and for said" County State, personally
appeared Michael S. Master, known to me to be a General. Partner of AccuCable
Co.., and acknowledged 'the ;execut'loq 'of the. foregoing Lease on behalf of
AccuCable Co.
Witness my 'hand and NOtar'ial Seal. this
1 day of 1967,
Notary- Public G.(??0. ?. 3M q
My Commission ExpiceS:? 3' a '
Resident of,??,?t???, Count '
y.
PIC Job 467352-00000
March 0, 18857
Sheet 1 of 2
7172 Graham R0ad/1ndlanap0li5,;lndiana 46250/(317) 842=6777
EXHIBIT A
1.$IISF. DESCRIlMON
BAIt-CSL 1
Fart Lf the Gast Ila'7 f of the, Southeast Uuur,ter of Section 'ToNiis hip i 8
Nol'.th, Range 3 East,; Hamilton County, indl,ana, mild being pro25,
described as follows;
re.partl.CU1at1-y
o Ell a go at
Na r Ell 50 deg a Point un the North dine of said lialf Quartl?r Seot1011 being
rees to m'lilutes 00 seconds East {assumed bear
lllg} 487.54
°1iasll1ed (460.2 feet deed) frOWAtfe Nortltwe feet
3t ctir;ner thercuf': then
In ce South 0
do r.ees Op mane tes Oil seconds West +732.07 feet ni asured (`132.4;4 Peet. deed, to
Pape Fuunil marking the NorE,he
C USE cuTUer of a tr.act'COn.1ty of Carmel ,in Deed Reaatd 31t, -page 96; .in the Oef,lce veyeE to Il,un'Elivn County. Indiana 'said point of the Recorder of
be11Sg on tie We
st ilght
ne of
the lganon Retilroad; thence 'SOUth O'deErees'g6 Minutes Ol"'seco of nds was,
West l a 01011Z
said" fd`gElt of way Tine, 252;3T feet to the point of
beglnnlpCthence
cuntl'nuing South 0 degrees. 4,0 alnutesoJ secunds We et along
line 51,58 Petit to Its Intersection with the North,f, ;Ice of an said
xi rsl.gtiht ng Of way
concrete block bu1'ldlpg proloneeo; t'hence`North 89 Id
seconds iJeat alohg said North Pac egreea 471 urinut;es 27
e of bulld-lzig Prul'olrged and North face of
bull?J1ng 34,00 feet to a point on the East edge of allex.15ting concrete rani
thcace North 0 degrees 46 lilnutes 01 seconds East d'l;ong Bald east edge and
East face Of all existing P,
niiilutds 22 6 bui.l-.dlug, 51.58 feet; thence south 09 degrees 47
%conds .[?ast 4440. feet to tilt." Of be.6,lining, and cuu_LiaLrlng
1),G:I1 more or 1-e5s.
LHASH;UHSCRIkTIUN
PARCEL 11
I art' of title east Ila'lf of the Southeast. Qudrtt?ln of Section 25, Tbwnshlp 18
North; Range 3 ^Eas_L, Ralellton County; ,lndlana.,
depcrlhe-l tie follows; atld he ng ruore pertieularly
orthncllig ut, a
Nutli 90' . Point on the North lane of
degr saki halt"Quarter Sectfoa liel'ng,
ee"s 00 .mrnutes 00 seconds East !
measured (
(488.2 feet deed) -from the Nurthwesteerrrc? thbearl erea1e) tl8enc?. feet
degrees 00 Ipinutes 00 seconds b'es't 732 South 0
'
feet measured (732, 4 foot' deed) to
an iron pipe Cound ?ark'ing the Northeast corner of a tract conve,
City oP'Carr+el. In ?2ed fecord yed. to the
318, page'96, in the Office of the Recordei` ofc
ilea"1l ton County, liiddana. sold point, w
being 'a n the West right of
the Monan RaLlroad• thence Soutn o degrees 46 minutes 0l.secondsay t e
way la way 1 tnae of
ong
of
said right aP ne, 303;!58 Peet to its interseq ion with "ihe North face oP
an existing concrete block bu'Flding Prolonged and•the pol,nt ng;
thence continue South 0 degrees 40 15 of baglnni
way Aline, .
fhutes 01 s'oconds Wesl 1'ong sald'rlght of
. 53 .00 Peet; thence North 89 degrees "q7 minutes 27 useconds Wert,
with _
paral l el sold 'North face of bul ding, 56,00 fret; egrees
t46hencece oy O1 seconds .East;.. parall the}Ice Ilottli 0 d
el with said 1_ighL vP way 1{ue;.-53: feet
' Sunth' ey decrees 47 $minutes L7 seconds East uLang said Nurtli f00 0 (e_
flea Iding prol ;
onged . all.d North facg of bul'Idi lig, 56.00 f'ee'.t to ttie poliit. oP
bcglllnilig soil cuutalnUlg,: Or06a, acres, mote or less. - -
fond 1^!OPrTv3PIErq-;1: ,'I 11Vr und:ZUrVQy'yi t/P;rhii(1C1 Viand FIPn:'¢ln
a - F•? ' P/C Job • 873SZ - ooo
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I'rll II. LCRI?L.INC./7172 C%IUFIUIYI (toad/Indlonapolls, Indluna 46250/(317) 842-6777
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C 14ty of Carmel
Susan W. Jones
CLERK/ WASUnm
CERTIFICATION
I, Susan W. Jones, being duly sworn Clerk-Treasurer of the City of
Carmel, Hamilton County, Indiana, do hereby certify that the
attached copy of Lease between City of Carmel and AccuCable Co.,
dated May 20, 1987, to the best of my knowledge, is true and
correct and, to the best of my knowledge, was properly executed by
the Mayor and Clerk-Treasurer of the City of Carmel, Hamilton
County, Indiana.
i
%Susan W. Jones, Clerk-Treasurer
Please be advised that my office does not have the original or a
copy of this document and I cannot attest to its complete accuracy
since I have nothing to compare 't to. I can only attest to the
best of my knowledge. 1n\
W. Jones, Clerk-Treasurer
i
STATE OF INDIANA )
COUNTY OF HAMILTION)
Before me, a Notary Public in and for said County State,
personally appeared Susan W. Jones, known to me as the Clerk-
Treasurer and certified the copy of the lease between the City of
Carmel and Accucable.
/J,Anet Rogers, Notary Public, Hamilton Co.
My Commission Expires J uary 4, 1992
40 FAST MAIN STREET CARMEL. INDIANA 46032 317/844-6433