SURPLUS PARCEL SUBLEASE AGREEMENT
This Surplus Parcel SUBLEASE AGREEMENT is hereby entered by and between the City of Bloomington Utilities Department (“CBU”), the Lake Lemon Conservancy District (“LLCD”), and *_______________________________ (“SUBLESSEE”).
WHEREAS, the CBU is the owner of real estate in * County, Indiana, referred to herein as the
“Real Estate” more specifically identified in the Lease Agreement by and between
CBU and LLCD; and,
WHEREAS, CBU has leased said Real Estate to the LLCD pursuant
to a Lease Agreement executed between CBU and LLCD, and subject to the terms of
that agreement LLCD may sublease certain Surplus Parcels of the Real Estate to
freeholders;
WHEREAS,
SUBLESSEE desires to have access over and across the CBU Surplus Parcel of real
estate for placement of a boating dock and for Lake Access pursuant to the
terms of this Sublease Agreement; and
WHEREAS, the CBU, LLCD and SUBLESSEE wish to enter into a
Sublease Agreement, giving the SUBLESSEE access across a Surplus Parcel under
specifically stated terms;
NOW,
THEREFORE, in consideration of the
mutual benefits described below, the parties agree as follows:
1. DEFINITIONS.
“
“Sublease Agreement” is an
agreement entered into between a freeholder of property within the Conservancy
District and LLCD, which grants to the freeholder rights of
“Surplus
Parcel” refers to those land parcels owned by the CBU and leased to the LLCD,
which
land parcels may be subleased to LLCD freeholders.
2. The purpose of the Surplus Parcel Sublease Agreement is
to provide SUBLESSEE with
3. The term of this Sublease
Agreement shall be for the calendar year of execution ending on the 31st
day of December. The sublease fee for
the term shall be $190.00, discounted to $150.00 if received at the LLCD Office
no later than March 1, 2008. The final
due date for sublease fee payment shall be May 31, 2008 after which time the
Surplus Parcel may be offered to another freeholder for sublease. SUBLESSEE understands that the Sublease
Agreement shall be void if payment is not received by the LLCD and/or if a
valid Sublease Agreement is not executed by the parties by the final due date.
4. This Sublease Agreement may be terminated and all rights accorded the SUBLESSEE shall end upon the LLCD giving SUBLESSEE a thirty (30) day written notice at the address provided below. In accordance with the Lease Agreement between CBU and LLCD, any sublease of a parcel, including the sublease executed herein, shall terminate ninety (90) days after CBU has given LLCD a notice that the Lease Agreement is being terminated. The Sublease Agreement shall automatically terminate on the date of closing in the event that SUBLESSEE sells his/her freehold property.
5. SUBLESSEE may not assign or transfer the rights conferred herein under, and may not receive compensation of any kind for use of the Lake Access facilities available pursuant to this Sublease Agreement. SUBLESSEE may not, without prior written approval of LLCD, install more than one (1) dock or store more than two (2) boats total at the facility located on the Surplus Parcel pursuant to this Sublease Agreement. SUBLESSEE agrees to reasonably maintain the area of the Surplus Parcel and keep it clear of debris or overgrowth of vegetation. Two (2) SUBLESSEE’S may share a dock and each must execute a Sublease Agreement, although only one Sublease Agreement fee shall be due per dock. Tenant(s) of Sublessee rental property(ies) utilizing a dock on a sublease site must execute a Sublease Agreement; be bound to all the terms and conditions thereto; be identified on the Application for Sublease; and obtain a non-resident annual LLCD boat permit. It is the Sublessee’s responsibility to notify the LLCD office of any rental properties which include utilization of a dock on a surplus parcel to ensure that execution of the Surplus Parcel Agreement by the Sublessee’s tenant is obtained. Short term renters/houseguests of sublessees’ do not have to execute a Sublease Agreement but must obtain the appropriate LLCD Boating Permit(s). (Short term is defined as up to a total of two weeks during the boating season.) A member of the SUBLESSEE’S family, who is not a freeholder, may moor a boat at the SUBLESSEE’S dock. In such event, the non-freeholder family member must own the boat; be identified on the Application for Sublease; and obtain a non-resident annual LLCD boat permit.
6. The erection, planting,
or construction of trees, vegetation, fixtures, additions or any other
permanent improvements to the Surplus Parcel are prohibited without prior
written approval of LLCD and/or CBU. The
use of the premises shall be for personal recreational purposes only and does
not include use for overnight camping. No shoreline alteration, which includes but is
not limited to dredging, seawall construction and shoreline stabilization
measures, shall be undertaken without written permission from LLCD and/or CBU
through its permit process.
7. LLCD and/or the CBU reserves the right to conduct formal inspections of the Surplus Parcel and the access facilities located thereon. Freeholder shall cooperate in providing both access and documentation reasonably requested by LLCD and/or the CBU to ensure compliance with the terms and condition of this agreement.
8. SUBLESSEE, by him/herself, his/her dependents, spouses, heirs, executors, administrators, agents, employees, successors and assigns does hereby acknowledge and agree to assume full and complete responsibility for all bodily and personal injury, including injury resulting in death, and property damage, claims, actions, damages, liabilities and expenses, including reasonable attorneys’ fees and court costs, which may occur as a result of or arising out of the use of the Surplus Parcel, and for the same consideration, hereby agrees to indemnify, hold harmless, release, waive and forever discharge the LLCD, the City of Bloomington, CBU, and their employees, agents officers, successors and assigns and all other persons and entities associated therewith, for all bodily and personal injury, including injury resulting in death, and property damage, claims, actions, damages, liabilities and expenses, including reasonable attorneys’ fees and court costs, which may occur as a result of or arising out of the use of the Surplus Parcel and lake, including, but not limited to, any claim or claims brought by third parties, including SUBLESSEE’S guests, invitees, and licensees, whether or not sounding in tort or contract, and whether or not caused by a negligent act or omission of LLCD and/or CBU.
9. It is understood and agreed
by all parties that the location of any docks and boundaries of access areas
are approximate and that such approximations shall be for the purposes of this
Sublease Agreement. LLCD and/or CBU
reserve the right to establish the actual location of a SUBLESSEE’S dock as a
part of its management of
10. Nothing in this agreement shall be construed as limiting CBU’S right as owner of the real estate and lake.
11. Upon a breach of this Sublease Agreement, the LLCD may terminate this Sublease Agreement with ten (10) days notice to the SUBLESSEE and pursue all remedies available at law or in equity and shall be entitled to all damages, including reasonable attorney fees. If the Sublease Agreement is terminated by the LLCD, the SUBLESSEE shall promptly remove all personal property, including docks, from the Surplus Parcel. In the event the SUBLESSEE fails to do so, LLCD may take such steps as necessary to remove SUBLESSEE’S property and SUBLESSEE shall reimburse the LLCD for the cost of such removal.
12. This Agreement shall be construed under the laws of
the State of
13. Upon execution of this Sublease and payment of the Sublease fee, a dock decal will be issued by the LLCD to the Sublessee, who agrees to display the dock decal at the end of the Sublessee’s dock, or, if there is no dock placed in the water, then displayed in a location along the shore, in any case, visible from the water, unobstructed and in plain view.
THE PARTIES, intending to be
bound, have executed this SUBLEASE, RELEASE, HOLD, HARMLESS AND INDEMNIFICATION
AGREEMENT, this ________________ day of ________________, 2008.
SUBLESSEE
LAKE LEMON
CONSERVANCY DISTRICT
By: By:
*______________________________________ _______________________________________ (Signature) (Signature)
*Name Printed: Name
Printed: Bob Madden
Title:
Manager
*
_______________________________________
*Telephone:_____________________________ CITY OF
*Home
Address:__________________________
_______________________________________ By:
*Telephone______________________________ ________________________________________
*Parcel Location:
(Signature)
_______________________________________
Name Printed: John
Langley
_______________________________________ Title: Assistant Director
* Allow 4-6 weeks for processing.
** Mail Application for Sublease; Surplus Parcel Sublease Agreement; and payment to:
LLCD
For Office Use Only
********************************
Date of Check Check Number Check Amount ___________
Sublease Dock Registration Number______________