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Home My WebLink AboutCRC/P.J. SchneppPfister/Lease Agreement LICENSE AGREEMENT This License Agreement,(tne"License") is made and executed brand'between The City of Carmel Redevelopment Commission,, hereinafter referred to as "CRC", and P.J. SchneppPfister, hereinafter referred to as "SchneppPfister'": WITNESSETH that CRC and SchheppPfister, in consideration of their mutual undertakings; agree, as follows: 1. CRC hereby licenses the ternporary use by SchneppPfister of approximately 7;000 square feet of unimproved real property situated at 101 West Maio Street, Carniel,_Hamilton County,.lndiana, and more particularly described on attached Exhibit. A, incorporated herein by this reference (the. "Premises") on thefollowing terms and conditions, and SchneppPfister hereby acdepts'such license ,and agrees to the following'terms and conditions. 2. The term of such license shall be for two(2) months, commencing on November 8,1 2000 (the. "ComlfencementDate"), and ertding;an January 7;-2061 (the "Term"). 3. SchneppPfistershall,pay to CRC for such Eicense a total fee of $500.00 to be paid'in.one,(1) payment of $500:00, due and payable; without prior demand and without any setoff or deductions; on or before setup. Said fee shall be'paid "irrcash or certified check to CRC.at.One Civic Square, Carmel; Indiana. 46032, Attn: Joseph Staehler 4. SchneppPfister shall pay OF cause to be paid all charges for electricity, light, tele,pfione;_water,. sewer 'and/or any other comrriunication"or utilty^service used in; rendered.or suppfled, to the Premises throughout the Term, and. SchneppPfister shall indemnify CRC and save-it harmless against any liability or damages on:such'accounl. 5. All proper licenses and permits to operate Christmas tree tent sales at this locatiomare to;,be obtained by SchneppPfister, at Ws expense; prior to his use of the Premises: for such purpose. The Premises shall,be used by SchneppPfisteronly,forthetemporary purpose of di'splaying,and selling Christmas trees.and accessories, consistent with-good'and prudent business operations.. SchneppPfister shall keep the. Premises' in a clean.and orderly condition-and: shall conduct his business1herefrom in a careful and:safe manner. SchneppPfister shall not use'the.Premises or maintain it in anymanner constituting a violation of any ordinance, statute, regulation antllor order of any-governmental authority, including, without. limitation, zoning. ordinances, nor shall SchneppPfistermairiialn, permit or suffer any nuisance.to occur or exist on'tte'Premises. 6. SchneppPfister has obtained appropriate liability insurance naming CRC asdan additional insured, proof of whichiinsuranc6is attached.heretTas Exhibit 8, and'incorporated hereinby this reference. SchneppPfister shall keep such insurance in full,force and effect throughout the -Term. 7, Except as otherwise, specifically provided herein, if CRC shall be unable, due.,to events beyond its control, to deliver'possession of the Premises to SchneppRfisteron the Commencement Date, then CRC'shall"not be..fiable<to.SchneppPfister for any damage caused thereby, nor shall this License thereby become void or voidable, nor shall the Term be.in any way extended, but; in suchtevent. Schneppl?fister shall not be liable for any fees until such time as CRC can and does, deliver' possession.: If CRC.does'inot deliver the. Premises to,SchneppPfister in the condition required hereunder by November, 8, 2000; or such later date agreeable`to him; if any; then,SchneppPfIster shat! have the right to,terminate this License by delivering to CRC,written notice of-his decision to 'terminate 8.. Upon'the expiration or sooner termination of this License, SchneppPfster_shall surrender to CRG the Premises, in tne,same order and condition in which' SchneppPfister received.same, ordinary wear _S 09_Nov00. 21ADMIMAIAYOP,ISMILLKEP coN RAc,rs15caNF,PPPFISTfR' _1CENSE'AGREF.Nt r..REV1'.WPD.DOC - T , excepted. Priorto such. expiration or termihatlon,,SchneppPister shall retrieve all of_ho trade fixtures and-,personal property from the`Premises. 9. SchrappPfister shall not assign or transfer this License In whole Orin part, nor grant a sublicense or concession in connection' therewith:, without the prior written consent oVCRC. This „prohibition shall include any act.which has the effect of an assignment er transferand which'occurs by:operation of law. 10. If SchneppPfister.shatl perform all of the covenants and agreement herein. provided,to be perforred on his part, then, at ail time.during the Term, SchneppPfistershall' have the peaceable,and.quiet. enjoyment of possession of the Premises without any manner of hindrance from CRC or. any parties lawfully claiming. under CRC. If SchneppPfister shall fail to perform any of the covenants;and agreemeritherein provided to be.performed'on his part, and-such failure shall continue,for' ive,i6j days'afterwritten notice from CRC, themCRC may terminate this License. 11. SchneppPfistershall 'indemnity 'and Bold harmless CRC and its officers, officials, employees, agents, assigns, attomeys and legal representatives from any and all losses, liabilities, cla rns,'judgments and liens,, including; but not limited to; all'damages; costs, expenses-and attorney fees. arising out of any intentional`or negligent act or°omission of SchneppPf star and/or any of his. employees, agents, outside sources, contractors, invitees licensees.orcustomers. The failure1o do so shall constitute a material breach of this License. All indemnification obligations hereunder shall sitvive;the expiration or sooner termination of this License: 12. If any provision or portion of this License is heldao be invalid, illegal or unenforceable,by a courLof competent jurisdiction, thensthat;provision or portion hereof.shail be stricken, and:all other' provisions of thisTicense which can"operate independently of such stricken provision shall continue to full force .and effect, 13: Thisliceriseshall be governed by, and consirued in accordance with, the laws of,the State of Indiana,, as_well as by all municipal ordinances'and codes df the. City of Carmel, Indiana, as the same may lie in full force and effect upon the Commencement, Date. 14. This License represents the entire understanding and agreement'between SchneppPfist& and CRC with'respect to the subject matter hereof, and supersedes all prior negotiations, representations andfor contracts, either oral or written, regarding same. 15. The, parties warrant that they have read this'License and understand`il, are- fully aware of their respective'rights,, have had the,opportunity for,the advice and assistance of an attomeytlirougheut the negotiation:of.this License, and enter into this License-freely, voluntarily, and without any duress, undue influence, coercion erpromise of benefit, except as expressly set forth herein, 7.:%AD%41,%,IAY0R1.Sb11ELMCOKIRA7MC7 MEPPrE[s]7iH's 2 09NV ,00 I.IC ENSE'ACRSF.MF.NT.RF V I.LITO.r10C - IN WITNESS WHEREOF, CRC and SchneppPfister have made and executed this License on the 8th day of November, 2000. "CRC" Z:IADMrNWAYOR%SNIIELKRCONTRACTSXSCiMEPPPFISTi.WS 3 MN000 LICENSE AGREEMENTA I.W D.DOC EXHIBIT B Professional Services Invoice Date: Name of Company: Address & Zip: Telephone No:: Fax No.: Project Name: Invoice No: Person Service Services Provided Hourly Tours Total Performing Date (Describe in detail: in one- Rate Worked Service tenth hour units) GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Statutory Limits Employer's Liability: Bodily Injury by Accident: $ 100,000 each accident Bodily Injury by Disease $ 500,000 policy limit Bodily Injury by Disease $ 100,000 each employee Property damage, contractual liability,. products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $ 500,000 Products/Completed Operations: $ 500,000 Personal & Advertising Injury Limit: $ 500,000 Each Occurrence Limit: $ 500,000 Fire Damage (any one fire): $ 50,000 Medical Expense Limit (any one person): $ 5,000 Comprehensive Auto Liability Owned, hired and non-owned each accident Bodily Single Limit: $ 500,000 injury and property damage Umbrella Excess Liability Each occurrence and aggregate $ 500,000 Maximum Deductible $ 10,000 Professional Responsibility Insurance: Per Occurrence`: S 500,000 Aggregate: $ 500,000