Pac-VanMAR-15-00 16:46
USE~ ASSIGNMENT & SIJBLETTINC: The tcss~¢ shall not assilln this les,~, nor sublet r, he premises, or any part thereof without the prior wrincn consent
of the lessor nor use the same, 'or any part ~ereof, to be used for arty other purpose that as abo~o stipulated (exc4~pt lessor may use the unit for any lawful
pu~ose), nor make any aim-aliens thetwin, and all additions thereto, witheat the written consenx of the lessor, and all additions, ~xnu~ or improvements
which m~y be made by lessee, except movable office fttrnimr¢, shall become the property of thc lossor and reamin upon the premjs~ as a part mercer, and be
sumzndered with the premises at the tcrmia,,don of this lease. Any ~sil~nment, s~bletting or use by the lessee wtd~ violates this lea,~, az the opdon ofth~
lessor, may restth in the immediate Termination ofthLs luasc-
LOSS AND DAMAGE: All personal ropetry placmi or moved in dme premises abova described shall bc at the riskof the lessee or ovmer thercof, and lessor
shaft not be liable tr am/damage to said personal property, or m the lessee of any other pason arisin~ flora any cause whineever, inctudit~ any act el
ne~Iigence of any co-tenant or occupants of the premises, to any other p~rson whomsoever or for d__~mmge caused by acts of God (such as tornadoes, hail
darnale, wind danm~e, snow or ice damage or any other aas otGod). Lessee also assumes, and shall bear the entix= risk of loss of or damm$~ to any part of the
unit including, but not limitrot to, tires, Tools, cs:l~pment, and accessories from any cam whatsoever (except ordinary ~ear and teal) including vandalism
during; the term orshis lease and prior m the return of the trait to lessor. ~No loss or d_~ms_~ge to thin unit ot any part thecol ~_~!! impair axry obligation of the
lessee under this lcas¢ which shall continue in ffi force mad effccr~ except as provided in this paragraph. In the event of loss or dinroBe of any kind
whatsoever to any pan of the unit, the lms~e, at die option of the lessor, shall: (1) place the unit in Seed repair; (2) pay the lassor (Pae,-Van. Znc.) daa market
valu~ of ~e unit imme,l,~atcly prior m the loss or damraze
Leased Propert:y: The ~eased property ~-s desc~:~_bed ~_n at:cached ]~:~h~_b~_~: A,
~-ncor~or'at:ed here~_n by th~:s re£erence.
ORDINANCF-~. STATUTES i OWNEJ~r/~_: The lessee shall promptly exearg and comply with all sramtgs, ordinances. rules, orders, r~ulazions, attd
r~uiranenu of Th~ Federal, State and City/County, and Local Government and of any and all their Deparrm~____Ts and Burrams applicable to said premises, for
the correction, prevamion, and abatement of nuisances or oThcr Grievances, in, upon, or cormcued with said ~,0~,,~ises din'inS said tcrn~ Lessee's obliB~ion m
comply with all statutes, ordiuancu, rules, ordas, and regulgous includes lossc~'s !iabi3ip/for any permit fees, taxes, finas, or other costs nsoclated with
lessee'z compliance that may occur during ttz lcase term and boforc the return of the unit to the lessor. Tho unit ami any part thereof is and shaJl remain The
property o£thc lessor, and thz 1o3~cc sbatt ~ve no ri~t, title or i~st thc:ei~ or thereto exccF as provided in this lsasc. The uni~ is. and at all tim05 shall be.
personal prolxr~ no~ withstandinS thi T~ unit or any part thereof may now be. or herea~zr b~:on~, in any manner -mxecl or atuched m real properp/or m
any b~dinZ thereon.
EVICTION: The prompt payrarest of the rent tr said pranises upon The darns named, and the faid~ul observm~-e of the rules and reg,l~,ions ~ upon
this lease, and which n hffeby made a part of this covenant, and of such other ~ further rales or regulv~p, as as may be heregler mad~ by the lessor, are the
conditions upon which the lease is made and am:wpted and any ~ on the l~art ofdxo less~ to comply wixh xito mints of said tease. or any of said rules mad
regulations now in ~xistence, or which my be herea/ksr prescribed by the l~ssor, shall st the option of the lessor, wavk a foxfsim~ of this cnmract, and all oI
the tighu of the tessN hff~under, and thswttlsm the lessor, his sSen~ or momsys, shall have the right to enter ssid premises, and remove sll persons
therefrain ~orcibly or otherwise, and the lessee thsreby expressly waives any and all notleg rm:luired by law to tm~ninate zestahoy. and also waives any and all
l~gat proceedings to recover possesslext of said premise, and e0cpressly agrm:~ that in the event of a violation of any of The terms of this tease, or of said rules
and regulations, now in existence. or which my hereafimr b~ nutde, said lessor, his agent or attorneys, may immediztely re-entff said premises and dispossess
lmss~ without legal notice or the institution of'any legal proc. medin~ whatsoevmr.
DE_FACT.T: Ifthe lessee shall abandma or vaca~ said premises befor~ the rnd of the term of this lease. or shall suffer tl~ rent to b~ in aftears, dam lessor may,
~t hi~ option, foahwi~ ca~al this lease or be may enter said premisca as the agent of the lcs~:e, by force or otherwise, without being liabb in any way
therefor, attci rwlot the prem~s with or without any furniture ahat may be thinrein, as the ageat of tho lessee, at such price and upon such terms and for such
duration of tires as the lessor may detenxtho, and receive the rmt therefore. applying the same to the paymmn of the rent due by these prosann, and if the full
rental herein providmd shall not be realized by lessor over and above the expenses To loner in such re-m, the ~ lessee shall pay any clc/icimc),, ~ i~
more than the full rental value is r~!i~et~ lessor ~ pay over to said lessee the excess of the denand. The lessee hereby waiv~ any and atI thinaGo
occasion~d by such taking of possessinn, whether for default or any other reasonable need- Any said Iaicing of posmsion shall not coztstitute a t~rmination oi
this le~ae unlus the lessor mcpr~sly notifies thm l~s~ in wrixing. Notwithstanding any said repossession, or any oth~x- action which lessor shall ukc, lessee
shall be and remain liable for the full performance of all oblii;atiorts on the part of lessee to be performed under the lease.
ATTORNEY FEES: Lessee agrees to pay reasonable costs and attorney fees on any part of said rental that may be collected by suit or by
attorney, after the same is past due.
MAR-15-O0 16:47 FROk4-,PAC-VAN INDIANAPOLIS 31~i"91Z040 T-700 P.Og/1Z F-505
I~OR:~VI Sra ~r'T|pN: All clam brought by the seller ~ahs~z the purch.3ser or the purchaser ap~nst the seller shsdl be subje~ m, governet by, ~'~ to be
procc~.qcd tmder.~he laws of The Stnz= of Indiana and subjea to the jurisdiction of Zvfarion Count),, Indianapolis. Indiana and no other jurisdiction.
LOCATION: Lessee shaft provide Lessor with fourteen (14) days writ,at notice ofinnmt to r~locaz¢ the uni~ and shall relocate only afser receiving written
peamission from lessor. L~ssee si~l l~ive Lessor immediate notice of any _~,~eh_ment or other judicial process affecting the unit sad shall whenever requested
by Jessor advise the l. essor o£the exact location of the trait.
UTILITIES: All appfications and connections for necessary utitity services on the deadsad premises shall be made in the naz~ of the lessee only, ~d lessee
shall be solel}, liable for utility charges as they become due, including but not limited m electricity, water, sewer, and telephone services.
INSTFRANCE: Lessee, at its own expense, shall maimain General Liability insurance including; bodily injury and propere/damage, insurina lessee and lessor
with coverage as follows: lessee shall provide lessor wi~ a Cede o£ lnnnznca showing lessor as szz additional insured .. · The stated
insurance rcquizem~z is the full and complete responsibility of the lessee and shall remain the nssponsibifity with or without copies of such insuranee
forwarded to the lessor. Coverage sh~ll also include lssssee's personal propert3/. The Certificate must be received by fitx or U.S mail mth= Corporm Office or
branch office address. Lessee shall insure such risks o~loss or d'm~Zc by csrzTing compr~ensive general liability insurn~ insurinZ both lessor and lessee
zfpiinsz loss in the sinhunts ofnm less than $1,000,000.00 boclil}, injury per person, $1,000,000.00 bodily injury per occtm~3ce, and $1,000,000.00 ]aropert7
damaSc per occunm~. These limits of liability my be ma by usint a cempaxible siz~e I~mi~ of liability instnuco in the amount of not less ~
St,000,000.00. hatsrace required m be mpln,-i-ed by lessee sludl be procured wid~ companies acceptable m lessor, provide that the coveraBe nns~ not be
changed widmu~ ~em (10) da~s prior wriKcn rimice m lessor, and the policy, or as ccrti~cazc stzcsti~ zo the insurmscc, sluil be delivered zo and kep~ on deposit
with lessoz. In the event That leasac ~ tO deliver the required certificate or poficy, the lessor, widmuz notice to the lessee, may, b~ shall no~ be oblipted m
in any way, pmcuro a comprehensive liability insurance policy ss provided in This prap-aph and the lessee ainses to pay d2e cos~ of said insuranc= upon
demand. Lessee shall remsl, fiable to lessor fi}r all damaZes sa forth in tho lcasc psr~Rnph aided, '*Loss and DamaSe," re~pssq21ess of weazher or not l~see
complies wirJ1 this insurucc oim~e susl whotlia or not Loser o.buias The liability polis~ on behalie otLo~soo.
CARE & MADITENANCE: The lessee shall, az his own expel_ and nz all times, maintain the premises in good and safe condition, inch,drag plate ~lass.
electrical xviting, plumbing, and I-1VAC installations, and/or any other systan or equipment upon the pnzdsu; the I~ss~ shall also pay all charges for rent,
~s, electricity, or ether illumination, and for sdl water used on said premises, and should the lease. fail tO kccp the premise in Sood and safe condition and/or
fail to pssy said chargu for rent, liSlxt or wstcr harein provided for az any time remain due and unpaid for the space of five days stbr the ssmc shall have
become due, the lessor may at his option coeqi4,}r the said less~ zazant 01 sufferance a~ im_m, diatoly re-erect upon said premises and the entire rant for tho
rental period thin next ensuina shall az once be due and payable and may forthwith be celteaed distress or odinwise. The lessee shall sunruder the premises
in the same condition as received (|ass ordinary wear and tear) mz the zcrminati~ of this lease. Lessee shall be responsible for all repairs required, any missinZ
eq~i,_m?~___% stmcmnd rl-m~g6, returning keys f4r locked doon, cleaning fees and any other f~es incumsd by lessc~ or lessor in re:umina the unit in the required
coalition. These fees will be charged upon termination of this lease and due upon
RIGI:FT' TO_ENTtR: The lessor, or my of his agents, shall have the right to enter said pr, e_ i,es during all reasonable hours m epm~e the same to
suc~ repairs, additions or alxaali4ms as may be d-_,,ad necess,w/for the safety, cemfi~t, or l~zg~vafion zizaeof, and zo remove placards, sip, fixture,
alterations, or additions which do not conform zo this lease. Lessor shall 31so lava the ri~z zo afSx siSre, ~ckas of o~er logos of the lessor to the outside
~e unit.
DISCLAIMER OF_IMPr_-_~__D WARRANTY OF FTTNKSS: Lessor disclaims my warranty of~mess for any particular purposes whatsoever w~th respea
to the good being leased, and leasac acknowledges that he is not relying on the !essor's skill or judgtnant to select or furnish goods suitable for any pmicular
purpose.
8ANKR. UPTCY: If the lessee shall be. come insolvent or if b~__L-Tuptcy proceedinKs shall be be~n by or aZainst the lessee, before the end of said term
lessor is hereby irrevocably atrdmrized at in option to forthwith cancel this lease, as for a default. Lessor my elea m accept rent from such receive, n'uste,
or other judicial officer d~rina the term aftheir occupancy in their ~duciaz~ capcity widmut eKeainU; lessor's ri~,hts as conuined in this lease, but no receiver,
trustcc or other judicial o~cer shall ever have any fight, aide or inzcrcsz in or to rbe asbovc described propc~ by virtue of thi~ lease.
continued on pa~e 4...
k4AR-28-O0 08:51 FRO~PAC-VAN INDIANAPOLIS 3177912040 T-018 P.OZ/OZ F-039
tJENTAL TERM: Unless omexwisc szaxed, after xhe lease term has expired, dxe lease will be ~icwcd as month to monda until wrinen notice of termination.
~e final momh's billin~ will be dxe lan monxh of use or sny pan xhereof. Pick-up of rbe uniVs will be performed in a reasonable time after rho terminalion of
his a~recmcnt (customszily within two weeks).
AccessibiliW xo the unit is tha responsibiliW of th= Lessee and iS ax dxe expense of The Lessee. In the event a pick-up is axxempi=d wxzlxoux
,toper accessibility, a service charZe will be assessed. No ded~ion or refund will be claimed or allowed from xhc renxal charlie herein specified for remm of
he unix before expiration of the rental period- In the evenx dxc unit is returned 9riot xo xhc temaina~on of zhis agra~men~, xhe lessee is responsible for all fees
md charEes seI forth on Ibis a~reemc~I xhrouKh Ihe xerminsrion daze of Ibis lease and any other fees/cbar~cs dmax may be or will be applicable in rise event dan
rarly xer~_'_naxion alibis aixeemem.
?AYMENT TER/~I$/CANCELI.ATION CHARGE-Q/ORDERING: Upon cusw~ plscing an order wilh Pac-Van, Inc., the following hems musx be
~rovided by L~ssee: (a) verified floor plan, Co) verified specifications, (c) fini'dm selections. If any of the previous ilerns are not included in fixis lease
il~reement, Pat-Van, Inc. cannot Zuaramce accura~ of the trail Curtore projects may require e down payment on si2ning of the lease aSrccment- Should sa
3rder b~ canceled for any reason by dac cuqomer, the Lessor reserves the right m charlle lhe purchaser, by invoicc ~o be paid within,30 dsys, for any.
reasonable cosu incurred due m cancdlanon of lasso.
~SSIGNS~UCCESSORS: This ls~se shall bind xh= lessor and ixs sssips or successors, snd the hcdrs, sssilVu, administrators, l=S~d represcmadves,
mcecutots or successars u the c~se rosy be, of Tho lessee.
TIME OF TRE ESSENCE: h is tmderszood and aSr~l benvecn the parries thaz dine is of t~e essence of This lease mad Ylgs applies to all terms and
conditions conuined herein.
SENDINC OF NOTICES: For r, he purpose of arty nodce rcquired ~o Ix: l~iven by thc }ease, or by any applicable provision of the Uniform Commercial Code
or by any or, her law, lessor represents that his principsl place of businsss is Iocaxed at 2995 .SouTh Hardinl~ Su, c~t, In,ii~,-apolis~ Indiana 46225. and Iess=c
rc'pre~ent~ thaf his principal place or besiness is loc~ .z d~e addr,ss sa fonb on pa~e on, of ~his al{reenxenL Notice mailed m the office of lessor or lesse6
shall consdnr~ sufficie~nodcc m comply wixh dse xenns of rlds lease.
CHARGER; It is further tmdsn'smod and a~reed by ~e parries harem dast any char2es a~ina ~e l~ssee by xhe lessor for services or for work done ~ m~
premises by order of thc lessee or oxherwisc eccruinZ under rids conlraa shall be considerai as rent duc and shall bc included in any lien for zcnx d~ ~r~d
unptaid.
I hereby have read mad underszand the abov~ conditions iu conjun~on wi~ psSc 1 Of,his lease and a~ree zo all of the conditions.
R~V~D ?J99
Approved and Adopted this -, . day of
,1999.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
jB~e~_z~rrai~res' i ! Officer
A T :T~ J
Diana Cordray, f~'Treasurer
Date: 42 _ t~ - OD
MAR-15-O0 16:46 FROM-PAC-VAN INDIANAPOLIS 3177912040 T-700 P.OS/IZ F-505
2995 South Harding Street, Indianapolis, IN 46225
(317) 791-2020 · (800)546-1050 · Fax: (317) 791-2040
This agreement is made between Pao.Van, inc., heroin called the Lessor, and City of Carrnel, herein catled ~e
Lessee. Lessee herally agrees to tease (or rent) from Lessor the 1260 Mobile Office unit, subject to the following
terms, provisions, conditions, and covenants:
I, TERM AND RENT:
Lessor demises the above for a tee of 12 month(s), commencing on and terminating on provkled herein at
the following rates:
Model: 1260 Mobile Office y'
I,I, BILUNG INFORMATION:
Company Name City of carme~
contact: Dave Bmnclt
Address: One Civic Square
City, Stab, Zip; Carme, IN 46032
Serial No:
JoWPO NO:
Phone:
Fax #:
Sales Rep-:
( ) 571-2400
( ) 571-2409
122
III. UNIT INFORMATION: N. pAYMENT,,'.
$355.00
$35.00
$0.00
$o,00
$o.o0
Monthly Charges:
Monthy Renal:
OSHASteps 2 (~
One-Time Charges_:
Delivery: $195.00
Set-Up: $285.00
Pick-Up: $195.00
Tear Down; $125.00
~C'~i,~N/'rie-Down: $240.00
Remove Tie Down: $95.00
Cleaning: $0.00
Vinyl Skirting: $1,440.00
$0ooo
$o. o0
$0.oo
SO.Q0 items are not included and
not applicaCde unleH noted
Office Use:
Sales R, ep Use:
Payment is due by she lOth of each monm to the Pao-Van, Inc. Corporate O~c~ at
P,O. Box 6069. Indianapolis, IN 46206.6069. All lieliver/, pickup, etc. charges will be
/ea inc~gdeo in tim flint invoice.
V. ADDITIONAL CONDITIONS:
The clataes one stipulalions p~ntecl on Pages 2, 3, and 4 hereOf are and become inmgra]
parts of tltis agreement ane are so acknowledged by the patties herere.
}SIGN HERE/ - PLEASE ALSO SIGN CONDITIONS PAGE -
Lessee Co.: City of Cannel Lessor Co.: Pac-Van Leasing &Sales
SjOnatdre: SiGnature:
Pdnmd: Printed: Jamie Gardner
Date: Date;
Model: 1260 Mo011e Of Sce
Serial No,:
.VI. LOCATION
Job Name: Shoe Repair Sara
CarTtel. IN
C~ntact: Phone;
Lease re~elved:
CnKIIt app;
Insurance:
Tax Exempt:.
County #:
Tax Rata:
FormS.
cust ID:
Rec ~.
Billing thru:
Tax ID:
POt: 122450
MAR-15-O0
16:46
FROM,,,PAC-VAN INDIANAPOLIS
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3177912040
rn
T-700
P.07/12
F-505
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Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
EXHIBIT B
Professional Services Invoice
Date:
Project Name:
Invoice No:
Person Service Services Provided Hourly
Performing Date (Describe in detail in one-Rate
Service tenth hour units)
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
City Carme',
April 6, 2000
Mr. Jamie Gardner
PAC-VAN, INC.
2995 South Harding Street
Indianapolis, IN 46225
Dear Mr. Gardner:
On April 5, 2000, the Board of Public Works and Safety approved a contract to do
business with your company. Enclosed is a copy of the signed agreement.
Please review the enclosed sample invoice (Exhibit B). You do not need to use this
specific form, but we require you to submit the requested information in a similar layout.
This format replaces any other form previously used by the City and is effective upon
approval of your contract.
Please call Clerk-Treasurer Diana Cord ray at 571-2414 if you have any questions.
Sinceri~ly,
Carrie A. Groce
Deputy Clerk
Enclosure
pc: Dave Brandt, Facilities Manager
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2400