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HomeMy WebLinkAboutNext Step Realty/FIRE/24,000/Rent 10804 Breawick DriveLEASE AGREEMENT This Residential Lease shall evidence the complete terms and conditions under which the parties whose signatures appear below have agreed. Landlord /Lessor /Agent, Next Step Realty, shall be referred to as "OWNER" and Tenant(s) /Lessee, City of Carmel, shall be referred to as "RESIDENT." As consideration for this agreement, OWNER agrees to rent /lease to RESIDENT and RESIDENT agrees to rent /lease from OWNER for use solely as a private residence, the premises located at 3708 Barrington Drive, in the city of Carmel, IN. 1. TERMS: RESIDENT agrees to pay a total of $24,000 for occupancy of the premises up to 12 months from 4/1/2015. Payments of $6000 per quarter will be paid by the 5`h of each quarter. If the RESIDENT moves out prior to the end of the 12 months, the remaining total amount will be paid on the 5th of the following month. This agreement shall commence on 4/1/2015 and continue; for a period of up to 12 months, as a leasehold. Lease shall renew for an additional period of one month unless a written notice of termination is given by either party 30 days in advance of period termination. OWNER shall have the right to adjust the rental payment for the extended term. 2. PAYMENTS: Rent and /or other charges are to be paid at such place or method designated by the owner as follows 10804 Braewick Drive, Carmel, IN 46033. All payments must be made by check, money order or cash. The first quarter's rent of $6000 shall be due prior to move in date of 4/1/2015. All payments are to be made payable to Next Step Realty. 3. SECURITY DEPOSITS: Deleted by agreement of the parties. 4. LATE CHARGE: Deleted by agreement of the parties. 5. UTILITIES: RESIDENT agrees to pay all utilities and /or services based upon occupancy of the premises. 6. OCCUPANTS: Occupants will be members of the Carmel Fire Department only. 7. PETS: No animal, fowl, fish, reptile, and /or pet of any kind shall be kept on or about the premises, for any amount of time, without obtaining the prior written consent and meeting the requirements of the OWNER. Such consent if granted, shall be revocable at OWNER'S option upon giving a 30 day written notice. In the event laws are passed or permission is granted to have a pet and /or animal of any kind, an additional deposit in the amount of $250 shall be required along with additional monthly rent of $25 along with the signing of OWNER'S Pet Agreement. RESIDENT also agrees to carry insurance deemed appropriate by OWNER to cover possible liability and damages that may be caused by such animals. 8. LIQUID FILLED FURNISHINGS: No liquid filled furniture, receptacle containing more than ten gallons of liquid is permitted without prior written consent and meeting the requirements of the OWNER. RESIDENT also agrees to carry insurance deemed appropriate by OWNER to cover possible losses that may be caused by such items. 9. SMOKE FREE PREMISES. RESIDENT agrees and acknowledges that the premises to be occupied by RESIDENT and members of RESIDENT'S household have been designated as a smoke -free living environment. RESIDENT and members of RESIDENT's household shall not smoke anywhere in the unit rented by RESIDENT, nor shall RESIDENT permit any guests or visitors under the control of RESIDENT to do so. Evidence of smoking in the PREMISES (odor, burns, smoke damage) will result in the complete forfeiture of the security deposit and may result in additional fees for necessary remediation of damage. 10. PARKING: RESIDENT agrees not to park fire truck or other heavy equipment on the driveway. 11. NOISE: RESIDENT agrees not to cause or allow any noise or activity on the premises which might disturb the peace and quiet of another RESIDENT and /or neighbor. Said noise and /or activity shall be a breach of this agreement. 12. DESTRUCTION OF PREMISES: If the premises become totally or partially destroyed during the term of this Agreement so that RESIDENT'S use is seriously impaired, OWNER or RESIDENT may terminate this Agreement immediately upon 15 days written notice to the other. 13. CONDITION OF PREMISES: RESIDENT acknowledges that he has examined the premises and that said premises, all furnishings, fixtures, furniture, plumbing, heating, electrical facilities, all items listed on the attached property condition checklist, if any, and /or all other items provided by OWNER are all clean, and in good satisfactory condition except as may be indicated elsewhere in this Agreement. RESIDENT agrees to keep the premises and all items in good order and good condition and to immediately pay for costs to repair and /or replace any portion of the above damaged by RESIDENT, his guests and /or invitees, except as provided by law. At the termination of this Agreement, all of above items in this provision shall be returned to OWNER in clean and good condition except for reasonable wear and tear and the premises shall be free of all personal property and trash not belonging to OWNER. It is agreed that all dirt, holes, tears, burns, and stains of any size or amount in the carpets, drapes, walls, fixtures, and/or any other part of the premises, do not constitute reasonable wear and tear. 14. ALTERATIONS: RESIDENT shall not paint, wallpaper, alter or redecorate, change or install locks, install antenna or other equipment, screws, fastening devices, large nails, or adhesive materials, place signs, displays, or other exhibits, on or in any portion of the premises without the written consent of the OWNER except as may be provided by law. 15. PROPERTY MAINTENANCE: • OWNER agrees to pay necessary expenses to keep in good repair the heating and air conditioning (cleaning excluded), water heater, electrical system, range, oven , dishwasher, roof and major structural parts. However, if these repairs are necessitated because of abuse or negligent operations by the RESIDENT, the repair bill will be the responsibility of the RESIDENT and shall be paid upon demand. • RESIDENT shall deposit all garbage and waste in a clean and sanitary manner into the proper receptacles and shall arrange for weekly trash removal through Carmel Utilities. RESIDENT shall be responsible for disposing of items of such size and nature as are not normally acceptable by the garbage hauler. RESIDENT shall be responsible for keeping the kitchen and bathroom drains free of things that may tend to cause clogging of the drains. RESIDENT shall pay for the cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense or damage caused by stopping of waste pipes or overflow from bathtubs, wash basins, or sinks. RESIDENT shall be responsible for the maintenance of the lawn and landscaping including mowing, trimming shrubs, and removal of leaves, rubbish and weeds from the grounds. RESIDENT is responsible for keeping gutters free of leaves, sticks and any accumulations that may occur. RESIDENT is responsible for minor repairs such as light switches, replacing light bulbs, doorknobs, leaking faucets, minor toilet problems, etc. RESIDENT is responsible for changing the furnace filter monthly, changing burnt light bulbs, and the remediation of torn screens, broken glass, or broken locks. 16. PESTS RESIDENT agrees to be responsible for the extermination of and insect or wildlife infestation during or as a result of the RESIDENT'S occupancy. RESIDENT shall be responsible to immediately remedy any such infestations as soon as any pest problem is observed. 17. CHANGE OF TERMS: The terms and conditions of this agreement are subject to future change by OWNER after the expiration of the agreed lease period upon 30 -day written notice setting forth such change and delivered to RESIDENT. Any changes are subject to laws in existence at the time of the Notice of Change Of Terms. TERMINATION: After expiration of the leasing period, this agreement is automatically terminated. Where laws require "just cause such just cause shall be so stated on said notice. The premises shall be considered vacated only after all areas including storage areas are clear of all RESIDENT'S belongings, and keys and other property furnished for RESIDENT'S use are returned to OWNER. Should the RESIDENT hold over beyond the termination date or fail to vacate all possessions on or before the termination date, RESIDENT shall be liable for additional rent and damages which may include damages due to OWNER'S loss of prospective new renters. 18. POSSESSION: If OWNER is unable to deliver possession of the residence to RESIDENTS on the agreed date, because of the loss or destruction of the residence or because of the failure of the prior residents to vacate or for any other reason, the RESIDENT and/or OWNER may immediately cancel and terminate this agreement upon written notice to the other party at their last known address, whereupon neither party shall have liability to the other, and any sums paid under this Agreement shall be refunded in full. If neither party cancels, this Agreement shall be prorated and begin on the date of actual possession. 19. INSURANCE: RESIDENT acknowledges that OWNERS insurance does not cover personal property damage caused by fire, theft, rain, war, acts of God, acts of others, and /or any other causes, nor shall OWNER be held liable for such losses. RESIDENT is hereby required to obtain his own insurance policy to cover any personal losses. Proof of insurance is required at the time of possession. 20. RIGHT OF ENTRY AND INSPECTION: OWNER may enter, inspect, and/or repair the premises at any time in case of emergency or suspected abandonment. OWNER shall give 24 hours advance notice and may enter for the purpose of showing the premises during normal business hours to prospective renters, buyers, lenders, for smoke alarm inspections, and /or for normal inspections and repairs. OWNER is permitted to make all alterations, repairs and maintenance that in OWNER'S judgment is necessary to perform. 21. ASSIGNMENT: RESIDENT agrees not to transfer, assign or sublet the premises or any part thereof. 22. PARTIAL INVALIDITY: Nothing contained in this Agreement shall be construed as waiving any of the OWNER'S or RESIDENT'S rights under the law. If any part of this Agreement shall be in conflict with the law, that part shall be void to the extent that it is in conflict, but shall not invalidate this Agreement nor shall it affect the validity or enforceability of any other provision of this Agreement. 23. NO WAIVER: OWNER'S acceptance of rent with knowledge of any default by RESIDENT or waiver by OWNER of any breach of any term of this Agreement shall not constitute a waiver of subsequent breaches. Failure to require compliance or to exercise any right shall not be constituted as a waiver by OWNER of said term, condition, and /or right, and shall not affect the validity or enforceability of any provision of this Agreement. 24. ATTORNEY FEES: Deleted by agreement of the parties. 25. JOINTLY AND SEVERALLY: The undersigned RESIDENTS are jointly and severally responsible and liable for all obligations under this agreement. 26. REPORT TO CREDIT /TENANT AGENCIES: You are hereby notified that a nonpayment, late payment or breach of any of the terms of this rental agreement may be submitted /reported to a credit and/or tenant reporting agency, and may create a negative credit record on your credit report. 27. LEAD NOTIFICATION REQUIREMENT: For rental dwellings built before 1978, RESIDENT acknowledges receipt of the following: (Please check) Lead Based Paint Disclosure Form EPA Pamphlet 28. ADDITIONS AND /OR EXCEPTIONS At no time shall equipment/gear related to fire fighting be brought into the household. This equipment may be kept in the garage. 29. NOTICES: All notices to RESIDENT shall be served at RESIDENT'S premises and all notices to OWNER shall be served at 10804 Braewick Drive, Carmel, IN 46033. 30. INVENTORY: The premises contains the following items that the RESIDENT may use. Washer and dryer, refrigerator, stove, microwave, dishwasher, gas grill, plastic table and plastic chairs on deck. 31. KEYS AND ADDDENDUMS: RESIDENT acknowledges receipt of the following which shall be deemed part of this Agreement: (Please check) Keys — keys House Rules Other 32. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between OWNER and RESIDENT. No oral agreements have been entered into, and all modifications or notices shall be in writing to be valid. 33. RECEIPT OF AGREEMENT: The undersigned RESIDENTS have read and understand this Agreement and hereby acknowledge receipt of a copy of this Rental Agreement. 1 5� Approved and Adopted this l day of CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY ,20I� '. es Br i r Date: ATTES iana Cordray, IMCA, Clerk- Treasurer Date:. �/` /- is OW�NCR or / Agent. t's, Signature Date' l 1 __