Art Council Lease - 1995 LEASE AGREEMENT
WHEREAS, the City of Carmel, Indiana, hereinafter referred to
as Carmel, is the owner of a certain building located at 30 West
Main Street, Carmel, Indiana, and hereinafter referred to as the
leased premises; and
WHEREAS, the Carmel Arts Council, an Indiana not-for-profit
corporation, hereinafter referred to as the Arts Council, is
desirous of leasing the building located at 30 West Main Street,
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 January 1, 1996, for a period
of five (5) years, its property at 30 West Main Street, Carmel,
Indiana, for the sum of $5 . 00 payable on or before the first day of
January, 1996 .
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 Arts Council 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. During the
period of the lease all maintenance shall be the responsibility of
the Arts Council .
4 . USE, COMPLIANCE WITH LAWS, SIGNS, ASSIGNMENT AND SUBLETTING
(a) The leased premises shall be used by the Arts Council only for
the purpose of offices, exhibitions open to the public and other
Arts Council business, and for no other use or purpose. The Arts
Council shall keep the leased premises in a clean and orderly
condition and shall conduct its business there in a careful and
safe manner. The Arts Council shall not use the leased premises or
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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 Arts Council maintain, permit or suffer any nuisance to
occur or exist on the leased premises . The Arts Council 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 Arts Council 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 Arts Council shall indemnify and hold Carmel, harmless from and
against all damages, claims and liability arising from or connected
with the Arts Council 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 Arts Council, then the Arts
Council shall indemnify and hold the City harmless . Indemnifi-
cation provided in this section shall include Carmel' s legal costs
and fees in connection with any such claim, action or proceeding.
The Arts Council 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 Arts Council shall maintain liability insurance and shall
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provide proof of same upon request by the City. Additionally, the
Arts Council shall be responsible for insuring the contents of the
leased premises in such amounts as the Arts Council 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 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 cost to the
Arts Council . The Arts Council 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 of bankruptcy, by the
Arts Council;
2 . The filing of a petition or answer, by the Arts Council,
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 Arts Council with
respect to all or substantially all of its property;
4 . The failure to pay the rental amount;
5 . The failure of the Arts Council to conform with any act,
statute, ordinance, rule or regulation of any
governmental body, after having received thirty (30) days
written notice of said violation.
8 . ACCESS TO LEASED PREMISES BY LANDLORD
(a) Carmel, its agents, assigns, or other individuals acting by or
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provide proof of same upon request by the City. Additionally, the
Arts Council shall be responsible for insuring the contents of the
leased premises in such amounts as the Arts Council 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 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 cost to the
Arts Council . The Arts Council 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 of bankruptcy, by the
Arts Council;
2 . The filing of a petition or answer, by the Arts Council,
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 Arts Council with
respect to all or substantially all of its property;
4 . The failure to pay the rental amount;
5 . The failure of the Arts Council to conform with any act,
statute, ordinance, rule or regulation of any
governmental body, after having received thirty (30) days
written notice of said violation.
8 . ACCESS TO LEASED PREMISES BY LANDLORD
(a) Carmel, its agents, assigns, or other individuals acting by or
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on its behalf shall be permitted to inspect and examine the leased
premises at all reasonable times and Carmel shall have the right to
request the Arts Council make any repairs to the leased premises
which it may deem necessary.
(b) Should the Arts Council 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 .
(c) The Arts Council agrees to allow the premises to be used by
Carmel for occasional civic-related programs conducted by
volunteers throughout the term of the lease. Once a civic-related
program is planned, Carmel shall give the Arts Council adequate
notice of its intention to use the facility.
9 . MISCELLANEOUS PROVISIONS
(a) The caption and article 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 unenforce-
able, 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 Arts Council : 30 West Main Street, Carmel,
Indiana 46032 .
(d) Carmel agrees that the gas, electric, water and sewer will be
paid by Carmel .
(e) The Arts Council agrees that telephone charges will be the
responsibility of the Arts Council .
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(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 Arts Council have executed
this lease on the 41411„ day of Dept_ , 19 9 % ,
and if this lease is executed in counterparts, each shall be deemed
an original .
\id 0 7--terZ
Ted Johnson - •r and Ed Beck, President
Chairman o ' - Carmel Board of Carmel Arts Council
Public Wor
WitnessWi my hand and Notarial Seal this 4� day of
V..l c,(.6"Iti-eti . 19 C/5
My commission expires :/
Nota Public
County of Residence:
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