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HomeMy WebLinkAboutOld Town on Monon/Comm Rel/1500/Garage rentalOLDTOWN N ON THE MONON • ( ) f t a p a r t m c u t s • GARAGE LICENSE AGREEMENT is} &cehiber This Garage License Agreement (this "Agreement ") is dated this day of 2014 by and between Old Town on the Monon ( "Manager ") for and on behalf of Barrett & Stokely, the "Owner" of the Space as defined herein and the City of Carmel, by and through its Board of Public Works and Safety (the "City ") for the rental of Garage #F2 (the "Space ") at Old Town on the Monon located at 111 W. Main Street, Suite 125. Manager hereby grants the City a license for the Space, subject to the following conditions: Term: Subject to earlier termination as provided herein, the term of this Agreement shall comm 1 e on November 14, 2014 and shall end on November 30, 2015. DeCetnb r I, Lice Fee: The City agrees to pay Manager by the 1st day of each month a license fee in the sum of $125.00. The license fee shall be prorated for any partial month. Garage Devices: The City acknowledges that it has received one (1) remote device for operating the garage door. Replacement cost for the remote device $75.00 fee if misplaced or not returned. 4. Rules: The City covenants to comply with all reasonable rules and regulations relating to use of the Space, of which the City has received written notice. Access and Maintenance: Upon not less than forty -eight (48) hours' notice to the City at "nheck @carmel.in.gov ". Manager may access the Space for performing service or maintenance. In the event of an emergency, no advance notice shall be required, but Manager will promptly alert the City to such entry. Manager shall be responsible for maintaining and repairing the Space. Insurance: The City will maintain insurance to cover personal property located inside the Space. Neither Owner nor Manager will have any liability for loss or damage to the City's vehicles or personal property stored inside the Space, whether such loss or damage was caused by accident, fire, theft, water, vandalism, mysterious disappearance or otherwise, unless caused by the negligence or intentional misconduct of Owner or Manger. 7. Vacating Space: When vacating the Space, all personal belongings, debris, and trash must be removed. The Space is subject to move -out inspection by Manager. 8. Lockouts: Lockout service will be performed during normal business hours, as requested, upon the City's presentation of proper identification and /or Manager's verification of the signature of the City's authorized representative. Compliance with Laws: Manager hereby represents that it shall comply with the existing laws of the United States, the State of Indiana and the City of Carmel and specifically agrees that it, (a) will not discriminate against any employee, applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions, or privileges of employment because of race, religion, color, age, sex, handicap, national origin or ancestry, disabled veteran status or Vietnam era veteran status; (b) is enrolled in, and until it no longer exists, uses, the E- Verify program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, as amended, (the "E -verify Program ") to verify the work eligibility status of all Manager's employees hired after June 30, 2011, and will otherwise comply with Indiana Code 22 -5 -1.7 as to any subcontractor used by Manager; and (c) has not entered into a combination or an agreement relative to the price to be offered by a person, to prevent a person from making an offer, to induce a person to refrain from a making an offer and that Manager's offer was made without reference to any other offer. Pursuant to Indiana Code 5- 22- 16.5 -13, Manager certifies that it does not engage in investment activities within the Country of Iran. Breach of these covenants shall be deemed a material breach of this Agreement and the City may terminate the Agreement with verbal notice to Manager. 10. Termination. Either party may terminate this Agreement at any time by giving written notice to the other, specifying the date of termination, such notice to be given not less than sixty (60) days prior to the date specified in such notice for the date of termination. The City may terminate this Agreement with three (3) days' notice in the event funds for the payment of the license fee are not appropriated by the City's fiscal body. Notices. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed effective when delivered personally, or sent by certified mail, return receipt requested, to the respective parties at their address as follows: LICENSEE City of Carmel, Indiana Attn: Nancy Heck One Civic Square Carmel, IN 46032 Copy to: City of Carmel, Indiana Attn: City Attorney One Civic Square Carmel, IN 46032 LICENSOR Old Town on the Monon Attn: Manager 1 I I W Main St #I25 Carmel. IN 46032 or at such other address as either party may from time to time specify in writing. 12. Renewal. This Agreement may be renewed for an additional twelve (12) month period upon the same terms and conditions if mutually agreed by Licensor and Licensee on or prior to the expiration of the initial term of this Agreement. 13. Authority. The undersigned persons executing this Agreement on behalf of Manager and Owner represent and certify that: (a) they fully are empowered and duly are authorized by all necessary action of Manager and Owner, respectively, to execute and deliver this Agreement; (b) they have full capacity, power, and authority to enter into and carry out this Agreement; and (c) the execution, delivery, and performance of this Agreement duly have been authorized by Manager and Owner, respectively. LICENSEE Old Town on the Monon As duly authorized agent for Barrett & Stokely, the Owner P ta Printed: SP 14 t 13C i vo-/h Title: Prc}n1 -ki / t achitye r //-/q--1/4- 13 y: Dated: LICENSOR City of Carmel, Indiana, acting by and through its Board of Public Works and Safety Jai s Date: B Brainard, Presiding Officer /2 Date: Mary Ann Burke, Member a) -3- /y B y:/ Lori Watson; PGleniber v Date: / )I 3 14 ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Date: /az- 3// Chi of Carmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35- 60000972 ONE CIVIC SQUARE CARMEL, INDIANA 46032 -2584 :ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PAGE PURCHASE ORDER NUMBER 32125 THIS NUMBER MUST APPEAR ON INVOICES, I VOUCHER, DELIVERY MEMO, PACKING SLII SHIPPING LABELS AND ANY CORRESPONDEN( RCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 11/19/2014 VENDOR Old Town on the Monon 111 W. Main Street, Suite 125 Carmel, IN 46032 SHIP TO City of Carmel Dept. of Community Relations & Economic Development One Civic Square Carmel, IN 46032 DNFIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Storage Rental for event supplies Send Invoice To: 1203/4359003 PLEASE INVOICE IN DUPLICATE $1,500.00 $1,500.00 DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS • SHIP REPAID. • C.O.D. SHIPMENTS CANNOT BE ACCEPTED. • PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. • THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1995 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. 'nn, 1nIICI.IT r!\•ITnnl •1/1 G01 0 IZ ORDERED BY TITLE CLERK - TREASURER PAYMENT • A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER 15 MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. • I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.