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HomeMy WebLinkAboutHughey Realty Inc/StreetHugheyRealty, lnc. Street Depaament Appropriation No. 252.00; P. 0. #01290 Amount Not To Exceed $14,250.00 LEASE AGREEMENT THIS LEASE AGREEMENT is entered into between Hughey Realty, Co., an I'x~xana ~i~neral partnership ("Landlord") and the City of Carmel, Indiana, by and through its Board of Public Works and Safety ("Tenant"). WHEREAS, Landlord owns certain real property, and the building and fixtures thereon, located at 550 1st Avenue S. W., in the City of Carmel, Hamilton County, Indiana (the "Real Estate"), as is more completely described in Exhibit A attached hereto and made a part hereof by this designation; and WHEREAS, Tenant is a municipality located in Hamilton County, Indiana and wishes to utilize the Real Estate in the conduct of its operations; and WHEREAS, Landlord desires to lease to Tenant the Real Estate, under and pursuant to the terms and conditions set forth in this Lease Agreement. WHEREAS, Tenant is desirous of leasing the Real Estate from Landlord, under and pursuant to the terms and conditions set forth in this Lease Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and conditions set forth hereinbelow, Landlord and Tenant enter into this Lease Agreement and mutually agree as follows: 1.1 2.1 2.2 ARTICLE I Incorporation of Recitals The foregoing recitals are hereby incorporated into and made a part of this Lease Agreement. ARTICLE II The Leased Premises: Term Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Real Estate, which Tenant is to have and to hold, subject to the terms and conditions of this Lease Agreement, for a term beginning on December 1, 2001 and ending on April 30, 2002 ("the Term"), unless the Term is extended or the Lease Agreement is sooner terminated pursuant to the provisions hereof. The Term may only be extended or reduced by written agreement of the parties. 1 Hughey Realty, Inc. Street Department 3.1 ARTICLE III Rent Tenant agrees to pay to Landlord a net monthly rent of Two Thousand Seven Hundred Fifty Dollars ($2,750.00) for the Real Estate, which rent shall be paid on or before the first day of each month of the Term and/or any extension thereof. 4.1 ARTICLE IV Boiler Fee In addition to rent, Tenant shall, within thirty (30) days after the effective date of this Lease Agreement, pay to Landlord the one-time sam of Five Hundred Dollars ($500.00), which sum represents the cost to Landlord of starting up and shutting down the boiler in the building located on the Real Estate. ARTICLE V Taxes 5.1 Landlord shall pay all taxes on the Real Estate that shall become due and payable during the Term and/or any extension thereof. 6.1 6.2 ARTICLE VI Insurance Tenant agrees to obtain, and to keep in force throughout the Term and/or any extension thereof, at Tenant's sole expense, comprehensive general liability insurance ("Insurance"), on an "occurrence" basis, against any claims for personal injury (including bodily injury and death) and/or property damage occurring on the Real Estate, which Insurance shall afford coverage, during the Term and/or any extensions thereof, in an amount of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) with respect to the personal injury of any one person, in an amount of not less than Five Hundred Thousand Dollars ($500,000.00) with respect to any one "occurrence" involving two or more persons, and in an amount of not less than One Hundred Thousand Dollars ($100,000.00) with respect to any one "occurrence" involving property damage. The Insurance shall be issued by an insurer licensed to do business in the State of Indiana. 2 Hughey Realty, Inc. Street Department ARTICLE VII Use of Real Estate 7.1 7.2 7.3 Tenant agrees that the Real Estate will be used by it only for lawful purposes. Tenant agrees to maintain the Real Estate in a safe, neat and attractive state pursuant to and in compliance with applicable laws and with this Lease Agreement. Tenant agrees to remove all equipment and stored substances at the termination of the Lease Agreement. ARTICLE VIII Maintenance of Real Estate 8.1 Tenant agrees to perform such maintenance as is necessary to keep the Real Estate reasonably clean, sanitary, safe, neat, attractive and flee from refuse at all times during the Term and any extension thereof. 8.2 Tenant agrees to pay or cause to be paid, without cost to Landlord, and subject to the terms and conditions hereof, all charges for utility services rendered to the Real Estate or to Tenant, and all expenses, including labor, power, machinery and movable equipment, mowing, operation and maintenance expenses incurred as a result of Tenant's use of the Real Estate. 8.3 Tenant agrees that it will not, absent Landlord's prior written consent, intentionally cause or permit any substantial alterations, additions, changes or improvements to the Real Estate. 8.4 At the expiration of the Term and any extension thereof, or upon any earlier termination of this Lease Agreement as provided herein, Tenant shall surrender the Real Estate to Landlord in substantially the same condition as the Real Estate was in at the beginning of the Term, subject to paragraph 8.3 hereinabove. ARTICLE IX Liens 9.1 Tenant agrees that it will not create nor by its own actions provide the basis for the creation or continuance of any mechanic's, materialman's or other lien that encumbers the Real Estate. 3 Hughey Realty, Inc. Street Department ARTICLE X Landlord's Right to Perform Tenant's Obligations 10. 1 If Tenant should, at any time during the Term or any extension thereof, become in default in the performance of any of its obligations under this Lease Agreement, and shall not, upon thirty (30) calendar days written notice of such default from Landlord, timely cure same, Landlord may, but shall not be required to, supply the omitted performance, and any reasonable expense incurred by Landlord in so doing shall constitute additional rent which shall be payable on the first day of the month next following the month in which such substituted performance is supplied. 10.2 Landlord shall have the right, at any time and without demand or notice, to enter upon the Real Estate for the purpose of determining whether or not Tenant is performing its obligations under this Lease Agreement or for any other lawful purpose. 10.3 Landlord agrees to indemnify Tenant from all losses, liabilities, claims and/or judgments, including costs and attorney fees, arising out of any actions taken by Landlord pursuant to Paragraph 10.2 above. This obligation survives the termination of this Lease Agreement. ARTICLE XI Indemnity 11.1 Tenant agrees to indemnify and hold Landlord harmless from all liabilities, losses, costs, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees on account of any bodily injury to, or the death of, any person, or the loss, destruction of, or damage to any property, which arises out of Tenant's possession or use of, or actions on, the Real Estate during the Term and any extensions thereof, unless such injury, death or damage is the result of Landlord's negligent conduct or intentional action. This obligation shall survive the termination of this Lease Agreement. 11.2 Landlord agrees to indemnify and hold Tenant harmless from all liabilities, losses, costs, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees on account of any bodily injury to, or the death of, any person, or the loss, destruction of or damage to any property, which arises out of any intentional or negligent act or omission of Landlord and/or any of its employees or agents on or regarding the Real Estate during the Term and any extensions thereof. This obligation shall survive the termination of this Lease Agreement. 11.3 As between Landlord and Tenant, any property of either shall be kept, stored or maintained on or in the Real Estate at such party' s own risk and expense. 4 Hughey Realty, Inc. Street Department ARTICLE XII Assignment and Subletting 12.1 Tenant shall not assign this Lease Agreement nor sublet the Real Estate without Landlord's prior written permission. ARTICLE XIII Default 13.1 Time is of the essence of this Lease Agreement. 13.2 Subject to the terms and conditions hereof, if Tenant shall default on its obligations to Landlord under this Lease Agreement, and such default shall continue for thirty (30) calendar days after written notice thereof is provided by Landlord to Tenant, or if Tenant shall abandon or vacate the Real Estate before the end of the Term or any extension thereof, Landlord may thereupon, and after fifteen (15) business days prior written notice to Tenant, take possession of the Real Estate and/or re-let same without such actions being deemed an acceptance of the surrender of this Lease Agreement or the termination of Tenant's liability hereunder. 13.3 In the event Landlord takes possession of the Real Estate pursuant to paragraph 13.2 above, and so long as Landlord thereafter takes all reasonable efforts to m-let the Real Estate or otherwise mitigate its damages hereunder, Tenant shall remain liable to pay the rent herein reserved and all other payments to be made by Tenant to Landlord hereunder, less the net amount realized by Landlord from such mitigation efforts after the deduction of all expenses incident to such repossession and/or re-letting, or Landlord may, at its sole option and upon such default and Tenant's failure to timely cure same, terminate this Lease Agreement without further notice to Tenant, which termination shall relieve and excuse Tenant from all further liability hemunder. 13.4 The remedies of the parties specified herein shall be cumulative, and no one of them shall be construed as exclusive of any other or of any remedy provided by contract, at law or in equity. 5 Hughey Realty, Inc. Street Department 14.1 ARTICLE XIV Ouiet Enjoyment Landlord agrees that, if and so long as Tenant keeps and substantially performs each material term and condition herein imposed upon Tenant, and if and so long as this Lease Agreement is not lawfully terminated, Tenant shall quietly enjoy the Real Estate without hindrance or molestation by Landlord or any person lawfully claiming under Landlord. ARTICLE XV Notices 15.1 Any notice that is or which may be given hereunder to Landlord shall be deemed to have been properly given if it is sent to Landlord at Hughey Realty, 12368 Hancock Street, Carmel, Indiana 46032, or to such other address as may be furnished in writing to Tenant by Landlord, by United States certified or registered mail, postage prepaid. 15.2 Any notice that is or which may be given hereunder to Tenant shall be deemed to have been properly given if it is sent to Tenant at the Office of the Mayor, One Civic Square, Carreel, Indiana 46032, with a copy to the Carmel City Attorney at the same address, or to such other address and/or public official as may be furnished in writing to Landlord by Tenant, by United States certified or registered mail, postage prepaid. ARTICLE XVI Miscellaneous 16.1 If Tenant remains in possession of the Real Estate after the end of the Term and/or any extension thereof, but without having received a written notice of termination from Landlord at least thirty (30) calendar days prior to the end of such Term and/or extension thereof, Tenant shall be deemed to be occupying the Real Estate as a month-to-month tenant, subject to all the conditions, provisions and terms contained herein. 16.2 No waiver of any fight or power available to any party hereto upon the breach of any term or condition of this Lease Agreement shall be deemed to be a waiver of such fight or power in the event of the continuance or later occurrence of a breach of such term or condition or of some other term or condition hereof. 6 Hughey Realty, Inc. Street Department 16.3 This Lease Agreement and Tenant's use of the Real Estate are subject to all easements and other restrictions of record, to an existing lease between Landlord and Hall and House, and to Tenant's general police powers, Home Rule rights and obligations, and all other lawful rights, privileges and powers of Tenant, all of which are expressly reserved. 16.4 This Lease Agreement shall become effective and binding on the parties as of the date on which the last of the parties hereto executes same. IN WITNESS WHEREOF, this Lease Agreement is entered into by and between the undersigned parties as follows: CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety ("TENANT") BY: James Brainard, Presiding Officer HUGHEY REALTY, ("LANDLORD") BY: Authorized Signature William R. Barnard Name and Title DATE: 1 ] -16-?001 F1D/SSN: 35-0963501 Date: 7 Hughey Realty, Inc. Street Department STATE OF INDIANA ) ) SS: COUNTY OF HAIvlILTON ) Before me, a Notary Public in and for said County and State, personally appeared James Brainard, c of the City of Carreel, who acknowledged the execution of the foregoing "Lease Agreement" on behalf of the City of Carreel, Indiana ("Tenant"). Witness my hand and Notadal Seal ~dL~dd~ay My Commission Expires: /¢//ff/,~o oc' NOTARY PUBLIC Printed Name My County of Residence: STATE OF iNDIANA ) ) SS: COUNTY OF HA1M[ILTON ) Before me, a Notary Public in and for said County and State, personally appeared William R. Barnard the Sec-Treas. of Hughey eal Co. R ty, M ("Landlord"), who acknowledged the execution of the foregoing "LEASE AGREEMENT" as his/her voluntary act and deed. Witness my hand and Notarial Seal this 16 day of NovemBer , 20 Cl 1. NOTARY PUBLIC My Commission Expires: Debra G. Hancock 12-7-2901 Printed Name My County of Residence: Boone This instrument prepared by Douglas C. Haney, Carmel City Attorney, One Civic Square, Carreel, Indiana 46032. 8 CARMEL STREET DEPARTMENT 211 2ND STREET 8. W. CARMEL, INDIANA 46032 (317) 571-2637 Date: To: From: Re: November 14, 2001 Board of public Works and Safety David Klingensmith Rental Agreement You have before you for approval this morning a contract between the City of Carreel and Hughey Realty Company to rent the old Cannel Concrete Building at 550 13 Ave. S. W. for storage of equipment. This is necessary as we will be losing the use of the building at 215 W. Main Street, where we store our tracks and equipment. This lease will be for the winter months of December 1, 2001 through April 30, 2002. Thank you for your consideration in this matter.