CHAPTER 152: LEASING OF REAL PROPERTY
Section
   152.01   Definitions
   152.02   Terms and conditions of lease
   152.03   Prohibited use of property
   152.04   Termination of lease
   152.05   Compliance with zoning regulations required
   152.06   Application for lease
   152.07   Renewal of lease
   152.08   Buildings or improvements to be approved prior to construction
Cross-reference:
   County policies generally, see Ch. 39
§ 152.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DELIVERY OF NOTICE. In all cases where notice, other than published notice is required to be given, it shall be given either by personal delivery to the effected party or by United States Mail, return receipt requested.
   INSURANCE. A comprehensive general liability insurance policy, or other insuring agreement, providing coverage for bodily injury and property damage in such amount as may be fixed by the lease, and, where appropriate, such other insurance as is necessary to indemnify for loss by fire of a building and its contents and other customarily insured against perils.
   LESSOR BODY. Either the Board of County Commissioners, if the real property at issue is administered by that Board or is held in the name of the county by the Board of County Commissioners, or a department or board of the county, if the real property at issue is held in the name of, or is administered by, that department or board.
   LONG TERM LEASE. Any written agreement between the county or its departments, and a qualified lessee, which leases real property for a period of time fixed in excess of six months.
   PROOF OF STATUS. Proof by such corporation of its qualified status shall be such documentation as shall be adequate to establish that it meets the definition of a qualified lessee.
   PUBLISHED NOTICE. In all cases requiring published notice of any event, such publication shall be in a local newspaper of general circulation in the county seat, which notice shall contain a description, by common location, of the property proposed to be leased; a recitation of the proposed use to which the property will be put; the name of the proposed lessee; and, fixing a date for a hearing on the proposed lease together with the last date for filing competing lease applications on the same property.
   QUALIFIED LESSEE. A qualified lessee shall mean any Indiana not-for-profit corporation organized under any Indiana not-for-profit corporation act, which is in good standing and exempt from federal income taxation pursuant to Section 501 of the Internal Revenue Code, being 29 USC 501.
(BC Ord. 1994-13, passed 6-27-94)
§ 152.02 TERMS AND CONDITIONS OF LEASE.
   (A)   The Commissioners, or a department or board, may lease to a qualified lessee, such real property as may be leased and as deemed expedient by the particular body. Such lease may be either, for a fee or at no consideration, except that all leases shall require the lessee to insure, at its cost, the leased property. In all cases, the county and where appropriate, a department or board, shall be named as insureds on such policy or policies of insurance or other insuring agreement. Before execution of any such lease, the Commissioners, or other lessor body shall conduct a public hearing on the application to lease and determine whether the proposed lease is in the best interest of the county or lessor body.
   (B)   The lessor body to whom the lease is proposed shall determine the terms and conditions of any lease under this chapter. Such lease may include an option or options to renew upon such terms and conditions as the lessor body shall determine are in the best interest of the public.
(BC Ord. 1994-13, passed 6-27-94)
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