HomeMy WebLinkAboutBPW-07-09-07-03 Ratify Mayor Signature/Duke
RESOLUTION NO. BPW-07-09-07-03
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
RA TIFYING MAYORAL SIGNATURE ON TEMPORARY LEASE
WITH DUKE REALTY LIMITED PARTNERSHIP
WHEREAS, the executive officer of a municipality has the right and authority under Indiana law to
enter into contracts on behalf of the municipal corporation; and
WHEREAS, due to the exigencies of time, City of Carmel Mayor James Brainard, upon the advice of
the Carmel City Attorney and relevant departments, executed that certain Temporary Lease ("Lease"),
attached and incorporated herein as Exhibit "A"; and
WHEREAS, the City of Carmel Board of Public Works and Safety now desires to ratify the above
actions of Mayor Brainard and to adopt the same as the act of the Board.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of
Carmel, Indiana, that:
I. The foregoing Recitals are fully incorporated herein by this reference.
2. The actions of Mayor James Brainard in executing the Lease are hereby ratified and such actions
are hereby approved and adopted by the Board as its own.
Approved and Adopted this Q (.L day of ~ 0 .~ 2007.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
B~1);- V~
James Brainard, Presiding Officer
Date:
Burke, Me~er
1- -07
D ,ana Cordray, IAM~ -Treasurer
Date: '/ {)7
.10] liDO .flnd3(l
'IUISU1IOf 'W 1J.IlIlI8S
Sandra M. Jolm8oD,
Depoty Clerk for
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APPROVED, AS TO
FORM BY:~
PHG
06/1 8/07
TEMPORARY LEASE
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THIS TEMPORARY LEASE ("Lease") made this L day of JuNe ,2007, by and
between DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership ("Landlord"), and
CITY OF CARMEL, DEPARTMENT OF PUBLIC WORKS ("Tenant").
W lINJ;;.s.s.!H H:
Section I. Lease of Premises, Basic Lease Provisions"and Definitions.
A. Leased Premises (shown cross-hatched on Exhihit A attached hereto): Building Name: Four
Parkwood ("Building"); Address: 500 East 96'h Street, Suite 325, Indianapolis, Indiana 46240;
B. Rentable Area: approximately 2,975 square feet;
C. Minimum Annual Rent:
June 20, 2007 - October 19,2007
$7,665.60 (4 months);
D. Monthly Rental Installments:
June 20, 2007 - October 19,2007
$1,916.40 per month;
E. Term: Four (4) months;
F. Commencement Date: June 20, 2007;
G. Brokers: Duke Realty Services, LLC representing Landlord and none representing Tenant;
H. Permitted Use: General Office Use;
I. Address for notices as follows:
Landlord:
Duke Realty Limited Partnership
c/o Duke Realty Corporation'
Attn.: Indianapolis Market
Vice President, Asset Management
and Customer Service
600 E. 96'h Street, Suite 100
Indianapolis, IN 46240
With Payments to:
Duke Realty Limited Partnership
75 Remittance Drive, Suite 3205
Chicago, IL 60675-3205
Tenant:
City of Carmel
Department of Public Works
500 East 96'h Street, Suite 325
Indianapolis, IN 46240
J. Security Deposit: None.
Section 2. Landlord's Obligation and Tenant's Acceotance. Tenant has personally inspected the Leased
Premises and accepts the same "AS IS" without representation or warranty by Landlord of any kind and
with the understanding that Landlord shall have no responsibility with respect thereto.
Section 3. Surrender of the Premises. Upon the expiration or earlier termination of this Lease, or upon
the exercise by Landlord of its right to re-enter the Leased Premises without terminating this Lease,
Tenant shall immediatcly surrender the Leased Premiscs to Landlord in broom-clean condition and in
good order, condition and repair, except for ordinary wear and tear and damage which Tenant is not
obligated to repair, failing which Landlord may restore the Leased Premises to such condition at Tenant's
expcnse.
Section 4. Holdin? Over. If Tenant retains possession of the Leased Premises after the expiration or
earlier termination of this Lease. Tenant shall be a tenant at sufferance at one hundred fifty percent
(150%) of the Monthly Rental Installments for the Leased Premises in effect upon the date of such
expiration or earlier termination, and otherwise upon the terms, covenants and conditions herein
specified, so far as applicable. Acceptance by Landlord of rent after such expiration or earlier
termination shall not result in a renewal of this Lease, nor shall such acceptance create a month-to-month
tenancy. In the event a month-to-month tenancy is created by operation of law, either party shall have the
right to terminate such month-to-month tenancy upon thirty-five (35) days' prior written notice to the
other, whether or not said notice is given on the rent paying date. This Section 4 shall in no way
constitute a consent by Landlord to any holding over by Tenant upon the expiration or earlier termination
of this Lease, nor limit Landlord's remedies in such event.
Section 5. Base Rent and Late Charges. Tenant shall pay to Landlord as Minimum Annual Rent for the
Leased Premises the sum specified in Item C of Section I hereof, payable in equal consecutive Monthly
Rental Installments as specified in Item D of Section I hereof, in advance, without deduction or offset, on
or before the first day of each and every calendar month during the term of this Lease; provided,
however, that if the Commencement Date shall be a day other than thc first day of a calendar month or
the expiration date of this Lease shall be a day other than the last day of a calendar month, the Monthly
Rental Install~ent for such first or last fractional month shall be prorated on the basis of the number of
days during the month this Lease was in effect in relation to the total number of days in such month.
Tenant acknowledges and agrees that Landlord shall incur certain administrative and other costs and
expenses if Tenant fails to timely pay any payment required hereunder.
Section 6. Securitv Deposit. Intentionally Omit/ed.
Section 7. Utilities. Landlord shall provide or cause to be provided such utilities as are necessary, in
Landlord's reasonable discretion, for Tenant to conduct its storage activities within the Leased Premises.
Section 8. Covenants of Tenant Regarding Use. In connection with its use of the Leased Premises,
Tenant agrees to do the following:
A. Tenant shall not use the Leased Premises for any unlawful purpose or act; shall not commit or
permit any waste or damage to the Leased Premises; shall comply with and obey all laws,
regulations and orders of any governmental authority or agency, all reasonable directions of the
Landlord; shall not do or permit anything to be done in or about the Leased Premises which will in
any way obstruct or interfere with the rights of other tenants or occupants of the Building or injure
or annoy them.
B. Tenant shall not overload the floors of the Leased Premises beyond their designed weight-bearing
capacity.
C. Tenant shall not use the Leased Premises, or allow the Leased Premises to be used, for any
purpose or in any manner which would, in Landlord's opinion, invalidate any policy of insurance
now or hereafter carried on the Building or increase the rate of premiums payable on any such
insurance policy.
D. Tenant shall not inscribe, paint, affix or display any signs, advertisements or notices on the
Building.
Section 9. Access to and Inspection of the Leased Premises. Landlord, its employees and agents and any
mortgagee of the Building shall have the right to enter any part of the Leased Premises at rcasonable
times for the purposes of examining or inspecting the same and making such repairs, alterations or
improvements to the Leased Premises or the Building as Landlord may deem necessary or desirable.
Landlord shall incur no liability for such entry, nor shall such entry constitute an eviction of Tenant or a
termination of this Lease, or entitle Tenant to any abatement of rent therefor.
Section 10. Repair and Maintenance of Building. Except for any repairs made necessary by the
negligence, misuse, or default of Tenant, its employces, agents, customers and invitees, Landlord shall
make all necessary repairs to the exterior walls, exterior doors, windows, corridors, structural parts of the
Building. to include the roof, and other common areas of the Building. There shall be no abatement of
rent and no liability of Landlord by reason of any injury to or interference with Tenant's busincss arising
from the making of any repairs, alterations or improvements in or to any portion of the Building or the
Leased Premises or in or to any fixtures, appurtenances and equipment therein or thereon.
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Section 11. Alteration, or Imorovements. Tenant shall not make any alterations or improvement' to the
Leased Premises.
Section] 2. Damage and Destruction. If the Leased Premises are destroyed by fire or other ca,ualty,
either party may terminate this Lease by giving written notice to the other party. Landlord shall not be
responsible for, and shall not be obligated to insure against, any loss or damage to any personal property
or trade fixtures of Tenant or which Tenant may have in the Building or the Leased Premises, regardless
of cause.
Section 13. Waiver of Subrogation. Landlord and Tenant hereby release each other and each other's
employees, agents, customers and invitees from any and all liability for any loss of or damage or injury to
person or property occurring in, on or about or to the Leased Premises, the Building or personal property
within the Building by reason of fire or other casualty which could be insured against under a standard
fire and extended coverage insurance policy, regardless of cause, including the negligence of Landlord or
Tenant and their respective employees, agents, customers and invitees, and agree that stich insurance .
carried by either of them shall contain a clause whereby the insurer waives its right of subrogation
against the other party.
Section] 4. Tenant's Responsibilitv. Tenant shall assume the risk of, be responsible for, have the
obligation to insure against, and indemnify Landlord and hold it harmless from, any and all liability
(including attorneys' fees) for any loss of or damage or injury to person (including death resulting
therefrom) or property occurring in, on or about the Leased Premises regardless of cause, and Tenant
hereby releases Landlord from any and all liability for the same. Tenant shall prior to taking possession
of the Leased Premises, and thereafter from time to time if so requested by Landlord, provide to Landlord
a certificate of insurance evidencing that proper and adequate insurance as requested in the preceding
sentence is in full force and effect.
Section 15. Rental. Personal Propertv and Other Taxes. Tenant shall pay before delinquency any and all
taxes, assessments, fees or charges levied or imposed upon Tenant's property located within the Leased
Premises.
Section] 6. Assignment and Subletting. Tenant may not assign this Lease or sublet the Leased Premises
or any part thereof.
Section 17. Subordination. Landlord shall have the right to subordinate this Lease to any mortgage
presently existing or hereafter placed upon the Building by so declaring in such mortgage; and the
recording of any such mortgage shall make it prior and superior to this Lease regardless of the date of
execution or recording of either document. Tenant shall, at Landlord's request, promptly execute and
deliver to Landlord, without cost, any instrument that may be deemed necessary or desirable by Landlord
to confirm the subordination of this Lease and/or an estoppel certificate in a form reasonably acceptable
to Landlord. If Tenant fails or refuses to do so, Landlord may execute such instrument in the name and
as the act of Tenant.
Section 18. Defaults and Remedies. If Tenant fails to pay any Monthly Rental Installment of Minimum
Annual Rent when due or fails to perform or observe any other term or condition under this Lease for a
period of five (5) days after notice thereof from Landlord, then Landlord shall have the following rights
and remedies, in addition to those allowed by law, anyone or more of which may be exercised without
further notice to or demand upon Tenant:
A. Landlord may terminate this Lease as of the date of such default, in which event: (i) neither
Tenant nor any person claiming under or through Tenant shall thereafter be entitled to
possession of the Leased Premises, and Tenant shall immediately thereafter surrender the Leased
Premises to Landlord; (ii) Landlord may re-enter the Leased Premises and dispossess Tenant or
any other occupants of the Leased Premises by any means permitted by law, and may remove
their effects, without prejudice to any other remedy which Landlord may have for possession or
arrearages in rent; and (iii) notwithstanding the termination of this Lease, Landlord may declare
all rent which would have been due under this Lease for the balance of the term to be
immediately due and payable, whereupon Tenant shall be obligated to pay the same to Landlord,
together with all loss or damage which Landlord may sustain by reason of such termination; or
B. Landlord may, without terminating this Lease, re-enter the Leased Premises and re-Iet all or any
part of the Leased Premises for a term different from that which would otherwise have
constituted the balance of the term of this Lease and for rent and on terms and conditions
different from those contained herein, whereupon Tenant shall be obligated to pay to Landlord as
liquidated damages the difference between the rent provided for herein and that provided for in
any lease covering a subsequent re-letting of the Leased Premises, for the period which would .
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otherwise have constituted the balance of the term of this Lease, together with all of Landlord's
reasonable costs and expenses for preparing the Leased Premises for re-Ietting.
Section 19. Limitation of Landlord's Liabilitv. Landlord's liability to Tenant under this Lease shall be
limited to Landlord's right, title and interest in and to the Building, and Landlord shall not be liable for
any defic iency.
Scction 20. Non-Waiver of Defaults. The failure or delay by either party hereto to exercise or enforce at
any time any of the rights or remedies or other provisions of this Lease shall not be construed to be a
waiver thereof, nor affect the validity of any part of this Lease or the right of either party thereafter to
exercise or enforce each and every such right or remedy or other provision.
Section 21. Attornevs' Fees. Intentionally Omitted
Section 22. Lease Termination. This Lease may be terminated at any time by Landlord or Tenant with
thirty (30) days' advance written notice to the other party.
Section 23. Choice of Law. This Lease shall be governed by and construed pursuant to the laws of the
State of Indiana.
Section 24. Successors and Assigns. Except as otherwise provided in this Lease, all of the covenants,
conditions and provisions of this Lease shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, personal representatives, successors and assigns.
Section 25. Hazardous Matcrials. Tenant shall not store any hazardous, toxic, chemical, combustible,
flammable or infectious materials in or about the Leased Premises. If the presence of such materials in
the Leased Premises results in contamination of the Leased Premises, any adjacent property or the
Building, Tenant will indemnify, defend and hold Landlord harmless from any and all loss or damages
caused thereby.
Section 26. Tenant's Reoresentations and Warranties. The undersigned represents and warrants to
Landlord that (i) Tenant is duly organized, validly existing and in good standing in accordance with the
laws of the state under which it was organized; (ii) all action necessary to authorize the execution of this
Lease has been taken by Tenant; and (iii) the individual executing and delivering this Lease on behalf of
Tenant has been authorized to do so, and such execution and delivery shall bind Tenant. Tenant, at
Landlord's request, shall provide Landlord with evidence of such authority.
Section 27. Patriot Act. Each of Landlord and Tenant, each as to itself. hereby represents its compliance
with all applicable anti-money laundering laws, including, without limitation, the USA Patriot Act, and the
laws administered by the United States Treasury Department's Office of Foreign Assets Control, including,
without limitation, Executive Order 13224 ("Executive Order"). Each of Landlord and Tenant further
represents (i) that it is not, and it is not owned or controlled directly or indirectly by any person or entity, on
the SON List published by the United States Treasury Department's Office of Foreign Assets Control and
(ii) that it is not a person othcrwise identified by govel11ment or legal authority as a person with whom a
U.S. Person is prohibited from transacting business. As of the date hereof, a list of such designations and
the text of the Executive Order are published under the intel11et website address
www.ustreas.gov/offices/enforcementJofac.
[Signatures contained on next page 1
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The parties hereto have executed this Lease as of the day and year first above written.
\
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LANDLORD:
DUKE REALTY LIMITED PARTNERSHIP,
an Indiana limited partnership
By:
TENANT:
CITY OF CARMEL, DEPARTMENT OF PUBLIC
WORKS
By:
Printed:
Title:
COUNTY OF
)
) SSe
)
STATE OF
Before me, a Notary Public in and for said County and State, personally appeared
, by me known and by me known to be the
of City of Carmel, Department of Public Works, who acknowledged the execution of the above and
foregoing Temporary Lease for and on behalf of said entity.
WITNESS my hand and Notarial Seal this
day of
,2007.
Notary Public
Printed Signature)
My Commission Expires:
My County of Residence:
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Approved by the Board of Public Works and Safety of the City of Carmel, Indiana, this ,q I~ day of :G NG
,2007.
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SIlncIraM.Jolm8oD, ~ ~ .J- '\ )
Deputy Clerk for 0Yu..- fY~ (