Loading...
HomeMy WebLinkAboutCRC-13-2000 Shoe Heeler PropertyCITY OF CARMEL REDEVELOPMENT COMMISSION RESOLUTION NO. (3 -'( 000 WHEREAS, Timothy J. Hawkins and LaureLee Hawkins, d/b/a Shoe Heeler (the "Tenant") currently lease premises located at 115 West Main Street, Carmel, Indiana (the "Leased Premises") pursuant to a lease dated February 18, 1997 (the "Lease"); WHEREAS, pursuant to the Lease, Tenant operates a shoe repair business (the "Business") in the Leased Premises; WHEREAS, on February 3, 2000, The City of Carmel Redevelopment Commission ("CRC") acquired the property on which the Leased Premises is located (the "Property"); WHEREAS, as part of the acquisition of the Property, CRC received an assignment of the Lease; WHEREAS, CRC plans to incorporate the Property, together with additional property identified by CRC (collectively, the "Old Town Property"), into the "Old Town" redevelopment project (the "Old Town Project"); WHEREAS, as part of the Old Town Project: (a) the buildings on the Old Town Property, including the building in which the Leased Premises is located, will be demolished; and (b) new buildings will be constructed; WHEREAS, CRC desires for Tenant to terminate the Lease and vacate the Leased Premises to facilitate commencement of construction of the Old Town Project; WHEREAS, since acquisition of the Property, CRC has been assisting certain tenants of the Property with relocation of their businesses to new locations in the City of Carmel, Indiana; WHEREAS, Tenant intends to terminate the Lease, vacate the Leased Premises and relocate the Business to anew location in the City of Carmel, Indiana (the "Relocation Premises"); WHEREAS, CRC and Tenant have reached an agreement pursuant to which CRC shall assist Tenant with expenses incurred by Tenant in connection with the relocation of the Business to the Relocation Premises; and WHEREAS, CRC desires to authorize: (a) the execution of a settlement agreement in substantially the form attached hereto (the "Settlement Agreement"); (b) the payment by CRC to Tenant of $3,500.00 (the "Settlement. Payment") in accordance with the terms and conditions of the Settlement Agreement; and (c) the release and discharge of certain obligations of Tenant to make rent payments to CRC (the "Rent Obligations") as provided in the Settlement Agreement; NOW, THEREFORE, BE IT RESOLVED THAT: 1. CRC hereby authorizes: (a) the execution of the Settlement Agreement; (b) the payment by CRC of the Settlement Payment in accordance with the terms and conditions of the Settlement Agreement; and (c) the release and discharge of the Rent Obligations as provided in the Settlement Agreement. 2. The members of CRC hereby are authorized to execute any and all documents required in connection with: (a) the execution of the Settlement Agreement; (b) the termination of the Lease; and (c) the payment by CRC of the Settlement Payment in accordance with the terms and conditions of the Settlement Agreement (the "Termination Documents"). 3. The members of CRC hereby are authorized to delegate the execution of the Termination Documents to appropriate mpresentatives of CRC. Passed by the Redevelopment Commission df,the City of Carmel,.lndiana, this 1 Bth day of Jul-, 2000, by a vote-of, ayes and f nays. ?fCjl OF CARMEL REDEVELOPMENT COMMISsibN B BY: Richard. A. Roesch By:. 044voldt / Ronald E.,,Carter R. Pfepared by'Walla& Somers &.Haas, Special.Counselto CRC Attest: Diana L. Cordray,. Clerk-Treasurer k' SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement"), entered into this /Y day of 2000' by and between The City of Carmel Redevelopment Commission ("CRC") and Timothy J. Ha kins and LaureLee Hawkins, d/b/a.Shoe Heeler (the "Tenant"), WITNESSES: Recitals WHEREAS, Tenant currently leases space at 115 West Main Street, Carmel, Indiana (the "Leased Premises") pursuant to a lease dated February 18, 1997 (the "Lease"); WHEREAS, pursuant to the Lease, Tenant operates a shoe repair business; WHEREAS, on February 3, 2000, CRC acquired the property on which the Leased Premises is located (the "Property"); WHEREAS, as part of the acquisition of the Property, CRC received an assignment of: (a) the Lease; and (b) the security deposit of $400.00 paid by Tenant under the Lease (the "Security Deposit"); WHEREAS, CRC plans to incorporate the Property, together with additional property identified by CRC (collectively, the "Old Town Property"), into the "Old Town" redevelopment project (the "Old Town Project"); WHEREAS, as part of the Old Town Project: (a) the buildings on the Old Town Property, including the building in which the Leased Premises is located, will be demolished; and (b) new buildings will be constructed; WHEREAS, CRC desires for Tenant to vacate the Leased Premises to facilitate commencement of construction of the Old Town Project; WHEREAS, CRC and Tenant have reached an agreement pursuant to which Tenant shall vacate the Leased Premises to facilitate commencement of construction of the Old Town Project; and WHEREAS, CRC and Tenant desire to enter into this Agreement to formally document the agreement reached between CRC and Tenant with respect to: (a) the vacation of the Leased Premises; and (b) the termination of the Lease; Agreement NOW, THEREFORE, for-good and valuable consideration, the receipt and sufficiency of which are acknowledged hereby, CRC and Tenant agree as follows: 1. Vacation. On or before the date that is 60 days after the date that CRC executes this Agreement (the "Outside Surrender Date"), Tenant shall: (a) remove all of its trade fixtures from the Leased Premises; and (b) surrender the Leased Premises to CRC (collectively, the "Surrender"). 2. Payment. After the Surrender, Tenant shall provide to CRC written notice of the occurrence of the Surrender. Within ten business days after receipt of such.notice, CRC shall: (a) pay to Tenant the amount of $3,500, as consideration for the Surrender; and (b) refund the Security Deposit to Tenant. 3. Expiration. CRC and Tenant acknowledge that, as of the earlier of the date of the Surrender.or the Outside Surrender Date (the "Termination Date"): (a) the Lease automatically shall terminate, without any further notice from CRC„and shall be of no further force and effect; and (b) Tenant shall have no further leasehold interest in the Leased Premises; provided that, if the Surrender has not occurred as of the Outside Surrender Date, so that Tenant holds over and remains in possession of the Leased Premises after the termination of the Lease, then: (a) Tenant shall pay rent to CRC as provided in Section 4; and (b) notwithstanding the terms and conditions of Section 2, CRC may retain the Security Deposit. 4. . Rent. So long as the Surrender occurs on or before the Outside Surrender Date, Tenant: (a) shall be released from its obligation to pay to CRC any rent payments that: (i) are due and payable pursuant to the Lease; and (ii) remain unpaid as of the date hereof (the "Past Due Payments"); and (b) shall not be obligated to pay any rent payments pursuant to the Lease for the period from the date hereof until the date that the Surrender occurs. If the Surrender does not occur on or before the Outside Surrender Date, then, notwithstanding anything to the contrary set forth herein: (a) Tenant shall pay to CRC, on the Outside Surrender Date: (i) the full amount of the Past Due Payments; and (ii) all accrued and unpaid rent payments pursuant to the Lease for the period from the date hereof until the Outside Surrender Date; and (b) Tenant shall pay to CRC holdover rent for the Leased Premises from the Outside Surrender Date until the date that the Surrender occurs at a rate of $100.00 per day. 5. Releases. On the Termination Date, CRC and Tenant, each for itself and for its successors and assigns, shall be deemed to have released and forever discharged Tenant and CRC, respectively, its successors and assigns, and its present and former officers, directors, employees, and agents, both individually, and In their representative capacities, from any and all claims, demands, damages, injuries; liabilities, or rights of action of any nature, whatsoever, whether known or unknown, disclosed or undisclosed, that CRC and Tenant has at that time, or may have, on account of, arising out of, based upon, or in any manner connected with the Lease, the Leased Premises, or the leasehold interest of Tenant in the Leased Premises. Nothing in this Section shall be deemed to constitute a release and discharge with respect to any claims, demands, damages, injuries, liabilities, or rights of action of any nature, whatsoever, whether known or unknown, disclosed or undisclosed, that CRC or Tenant has or may have on or after the Termination Date on account of, arising out of, based upon, or in any manner connected with this Agreement, including, without limitation, that this Section shall not be deemed to constitute a release or discharge of any rent payable by Tenant to CRC as provided in Section 4. 6. Indemnification. If either CRC or Tenant (the "Initiating Party") initiates, pursues, or maintains any legal action or proceeding against Tenant or CRC, respectively (the "Defending'Party"), based upon any claims, demands, damages, injuries, liabilities, or rights of action for which the Initiating Party has released the Defending Party under Section 5, then the Initiating Party shall pay all costs, including, without limitation, attorneys' fees, incurred by the Defending Party in defending such action or proceeding. 7. Notice. Any notice required or permitted to be given by either party to this Agreement shall be in writing, and shall be deemed to have been given when: (a) delivered in person to the other party; (b) sent by facsimile, with electronic confirmation of receipt; or (c) sent by national overnight delivery service, with confirmation of receipt, addressed as follows: to CRC at City of Carmel, Indiana, One Civic Square, Cannel, Indiana 46032, Facsimile: 317-844-3498, with a copy to Jennifer R..Shoup, Esq., Wallack Somers 8 Haas, One Indiana Square, Suite 1500, Indianapolis, Indiana 46204, Facsimile (317-231-9900); and to Tenant at , Attention: (Facsimile: ). Either party may change its address for notice from time to time by delivering notice to the other party as provided.above. 8. Miscellaneous. Neither this Agreement, nor any action taken pursuant to this Agreement, constitutes an admission by CRC of any liability to Tenant. This Agreement represents the entire agreement reached by and between CRC and Tenant, and supersedes any and all prior written or oral agreements by and between CRC and Tenant. No waiver, modification, or amendment of any term or condition of this Agreement shall be valid unless made in writing and signed by CRC and Tenant. This Agreement shall be governed by, and construed in accordance with, the laws of the Stale of Indiana. This Agreement is the result of negotiations between CRC and Tenant, and their respective legal counsel, and neither Tenant nor CRC shall be deemed to be the drafter of this Agreement. The language of all parts of this Agreement in all cases shall be construed as a whole, according to its fair meaning, and shall not be construed strictly for or against any party. .IN WITNESS WHEREOF, CRC and Tenant have executed this Agreement on the day and year first written above. THE CITY' OF CARMEL REDEVELOPMENT COMWSS B 34 A!? fi? Printed Title: /} YSlol/ TIMOTHY .1. HAWKINS AND LAURELEE HAWKJNS;,DIB/A SHOE HEELER By:'7; ? IlLez? Printed: T f".2 v re OLJIW (,Y-21:??.?C t ?S ;, • J._ "fit ;?;,.. ? ?J y; -%?L/