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Home My WebLink AboutP. J. SchneppPfister - License Agreement LICENSE AGREEMENT This License Agreement (the "License") is made and executed by and 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 SchneppPfister, in consideration of their mutual undertakings, agree as follows: 1. CRC hereby licenses the temporary use by SchneppPfister of approximately 7,000 square feet of unimproved real property situated at 870 S. Rangeline Road, Carmel, Hamilton County, Indiana, and more particularly described on attached Exhibit A, incorporated herein by this reference (the "Premises")on the following terms and conditions, and SchneppPfister hereby accepts such license and agrees to the following terms and conditions. 2. The term of such license shall be for one (1) month, commencing on December _, 2000 (the "Commencement Date"), and ending on January , 2001 (the"Term"). 3. SchneppPfister shall pay to CRC for such license a total fee of$1,000.00 to be paid in two(2)equal installments of $500.00 each, due and payable, without prior demand and without any setoff or deductions, on or before November_, 2000, and on or before November , 2000, respectively. Said fee shall be paid in cash or certified check to CRC at One Civic Square, Carmel, Indiana 46032, Attn: Joseph Staehler. A security deposit of$250.00 shall be paid by SchneppPfister to CRC upon the signing of this License, and shall be refunded within thirty (30) days after the termination of this License, provided the Premises have been returned to original condition in the reasonable opinion of CRC. 4. SchneppPfister shall pay or cause to be paid all charges for electricity, light, telephone, water, sewer and/or any other communication or utility service used in, rendered or supplied to the Premises throughout the Term, and SchneppPfister shall indemnify CRC and save it harmless against any liability or damages on such account. 5. All proper licenses and permits to operate Christmas tree tent sales at this location are to be obtained by SchneppPfister, at his expense, prior to his use of the Premises for such purpose. The Premises shall be used by SchneppPfister only for the temporary purpose of displaying 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 business therefrom in a careful and safe manner. SchneppPfister shall not use the Premises or maintain it in any manner constituting a violation of any ordinance, statute, regulation and/or order of any governmental authority, including, without limitation, zoning ordinances, nor shall SchneppPfister maintain, permit or suffer any nuisance to occur or exist on the Premises. 6. SchneppPfister has obtained appropriate liability insurance naming CRC as an additional insured, proof of which insurance is attached hereto as Exhibit B, and incorporated herein by 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 SchneppPfister on the Commencement Date, then CRC shall not be liable 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 such event, SchneppPfister shall not be liable for any fees until such time as CRC can and does deliver possession. If CRC does not deliver the Premises to SchneppPfister in the condition required hereunder by November , 2000, or such later date agreeable to him, if any,then SchneppPfister shall have the right to terminate this License by delivering to CRC written notice of his decision to Z:\ADMIN\MAYOR\SMIELKE\CONTRACTS\SCHNEPPPFISTER'S 1 09Nov00 LICENSE AGREEMENT.REV I.WPD.DOC terminate. 8. Upon the expiration or sooner termination of this License, SchneppPfister shall surrender to CRC the Premises, in the same order and condition in which SchneppPfister received same, ordinary wear excepted. Prior to such expiration or termination, SchneppPfister shall retrieve all of his trade fixtures and personal property from the Premises. 9. SchneppPfister shall not assign or transfer this License in whole or in part, nor grant a sublicense or concession in connection therewith, without the prior written consent of CRC. This prohibition shall include any act which has the effect of an assignment or transfer and which occurs by operation of law. 10. If SchneppPfister shall perform all of the covenants and agreement herein provided to be performed on his part, then, at all time during the Term, SchneppPfister shall 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 agreement herein provided to be performed on his part, and such failure shall continue for five (5) days after written notice from CRC, then CRC may terminate this License. 11. SchneppPfister shall indemnity and hold harmless CRC and its officers, officials, employees, agents, assigns, attorneys and legal representatives from any and all losses, liabilities, claims,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 SchneppPfister and/or any of his employees, agents, outside sources, contractors, invitees, licensees or customers. The failure to do so shall constitute a material breach of this License. All indemnification obligations hereunder shall survive the expiration or sooner termination of this License. 12. If any provision or portion of this License is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, then that provision or portion hereof shall be stricken, and all other provisions of this License which can operate independently of such stricken provision shall continue in full force and effect. 13. This License shall be governed by, and construed in accordance with,the laws of the State of Indiana, as well as by all municipal ordinances and codes of the City of Carmel, Indiana, as the same may be in full force and effect upon the Commencement Date. 14. This License represents the entire understanding and agreement between SchneppPfister and CRC with respect to the subject matter hereof and supersedes all prior negotiations, representations and/or contracts, either oral or written, regarding same. 15. The parties warrant that they have read this License and understand it, are fully aware of their respective rights, have had the opportunity for the advice and assistance of an attorney throughout the negotiation of this License, and enter into this License freely, voluntarily, and without any duress, undue influence, coercion or promise of benefit, except as expressly set forth herein. Z:\ADMIN\MAYOR\SMIELKE\CONTRACTS\SCHNEPPPFISTER'S 2 09Nov00 LICENSE AGREEMENT.REV I.WPD.DOC IN WITNESS WHEREOF, CRC and SchneppPfister have made and executed this License on the day of , 2000. "CRC" "SCHNEPPPFISTER" The City of Carmel Redevelopment Commission P. J. SchneppPfister By: Printed: Address: Title: Z:WDMIN\MAYOR\SMIELKE\CONTRACTS\SCHNEPPPFISTER'S 3 09Nov00 LICENSE AGREEMENT.REV I.WPD.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 Hours 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: $ 500,000 Aggregate: $ 500,000 ■