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HomeMy WebLinkAboutLease Agreement/Carmel Symphony/11 1st Ave NE (2)11 3oi CoAraC?i `LEASE AGRCEME WHEREAS, the City of ;Carmel, Indiana, hereinafter referred to as Carmel., is the owner of a certain budding 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 'leas'ing 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 dune 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 TIFE'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 wrtten,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 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 -2- 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, wthout,:pror 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 pant., or sublet the leased premises or.any part thereof, or grant `a license or concess=ion 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. S. INSURANCE. INDEMNIFICATION AND RELEASE (a) Regardless of whether or not separate, several, joint, concurrent, or comparative liability may be imposed upon. Carmel, the Symphony., shawl indemnify and hold. Carmel, harmless from and against 611 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.. Inddm iification 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 -3- symphony shall be responsible for insurinq 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 ter-minate, 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, iri;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 ofethe 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, k;ind• under any provision of the bankruptcy act or Indiana Not-For-Prof it'Corporation Act, 3. The appointment of a 'trustee, receiver, guardian, conservator, or 'liquidator of the Symphony with respect to all or substantially all of its 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 Waving received thirty days (30) written "notice of said 'Viol'ation. 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, -•4- but, this provision shall not be construed to require the.landlord to make repairs except as otherwise required hereby. (b) Should the Symphony 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. 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 shat-l 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 deposiaed in the United, States :Mail by. certified' or registered mail, postage prepaid,, If to Carmel: One Civic Square, Attn: Mayor's Office, Carmel; Indiana 46632; I to 'the Symphony: 15 First Avenue, TIE, Carmel, Indiana 4'6032 (d) The Symphony agrees that access to the restroom facilities shall be made available at all times to zany parties using (with Carmel's permission) the building it 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.- ?5_ (f) In the,event a dispute shall. arkse between the parties, it is agreed that the Hamilton County Circuit of Supexior courts will be the proper Court far venue and,jurisdict'ion. Further, each,party hereto waives their -right to•trial by jury. IN WITNESS WHEREOF, Carmel and the Symphony have executed this lease on the day of '19 1?3, and if this lease is executed in.coiunterparts, each shall be deemed an or g-inal. •i-ea uo .nson,, Mayor, Ana Chairm n of he Carmel Hoard of Pulilicr orks Witness my hand and Notarial Seal this ',qn-9 day of My commission expires No ary ublic ?F all Prn ed ' December'12, 1, 06 Mayor James Brainard Board, of Works 1 Civic Square Carmel, rN 46032 Re: Possible, Space Available in Old City Hall for Parks Overflow Dear Jim & Board,Members, The Parks Bbard has agreed,to trade offices with Deb,Grisham at the,end of this year. The advantage to us is tbat'wc will gain a.private.office,co6figuratioii'for our new, director immediately. The disadvantage is that the ofiee is much smaller_ it is;our understanding thatr space will become available in, the old city hall cdmplex at the end of,'this year: We, are "requesting,that our new director have'an opportr pity to evaluate thatspace,before you,make,a decision about,leasing t,avii; We anticipate hdving'a Recreation Supervisor on board.in,1997 and will be out of office space if we take Deb's office: Thank you.foryour consideration in this matter. Sincerely, Judy Bagan,, President Carmel Clay. Board of Parks, & Recreation One Civic Square, Carmel, IN 46032-7569 Phone: (317) 848.-PARK Fax: (317).571-2468 GrurvlGrluntrglr ri l?'riurrclcrlkm,nf' Purr Board of Directors Witham Davanney President Jay Brul Vice President Mary Eckard Secretary Cheryl Troyer Treasurer Richard Arbuckle Jeanne Book Jlrn Burrell Timothy Corken Patricia Costlow Bob Craig Larry Ddnbrock Sharon Emmerson Deborah Farmer Doreen Squire Ficara Craig Gigax Ken Howard Vlrgtnla Kerr Noah Kersey Wllifam Knowles Mary Lee Koppolman Richard Krallk Michael Kyle Gene Newcombe Byron Plaxlea Rase Schnell Jim Shonkwller' Carr Water Sue West John Wold Warren Saunders; Emeritus David Pickett Musle Director Cathleen Parilow General Manager Cheryl Cooper Education Director Cathy Hariowlez Adminisirattve Assistant Nancy Smnh Personnel Manager P.C. Box 761 Carmel, tndlana 46032 (31.7) 8a4-9717 November21„1996 Ms. Christy Crail City of Carmel Treasurer's Office, I Civic Square Carmel, IN 46032• Dear Ms: Ctail: G1,eRK D. 110' 2 2 199 The administration and Beard.of Directors ofthe Carmei Symphony Orchestra respectfully request to, lease the City of Carmel facility af,13 First Avenue, NE. This building was formerly leased from the city by the Indiana Performing Arts Academy. Since they have nurbuneed'that they are diseonbnuirle,tlieir operations as of the close of their semester in December 1996,-we;request -Wise of the 'building beginning January ?1,.1997. Thcsymahonycurrently €easesthebutldingat i5_First.4venuc,NEsvilhrestroo3Tiprivilegcs at the 13 First Avenue, NE;,building. We 'feel PC the move, next door would be advantageous to theorcliestrabecause oftheversatilityofthebuilding. Wewouldhavethe necessary storage space in-addition to meeting room space whichwe need on a rcgularbasis. The building at 13 First,Ayenuc, NE also has mare visibility-on the street and would give us the opportunity to havep little grcaterprofile. Need€essao'say, having restrooms available torus wi thout. goi ng, outside is. also agrac6ver We understandihatthe Indiana Performing Arts Academy,had agenerous lease agreement because of their not-for-profit status. The,orchestra is in'the same,position°as the Arts Acadetriyandrequests similar 'consideiat_ion.,'Please let me knowofnnydocumentation I - can previelc;to you tc?support ttiis request: Sincerely, Q61, ?6f?L?is- v. 61, . Cathleen E. Panlow General' Manager CEPxh cc: Mayor IanicsBrainard William B.,Dmanicy, CSO Board President