Residential Lease Agreement/302 Pintail CourtROSE
McKENNEY
&EVANSLLP
ATTORNEYS AT LAW
January 25, 2005
VIA HAND DELIVERY
Les A. Olds, AIA
Director of Redevelopment
CITY OF CARMEL
One Civic Square
Cannel, Indiana 46032
Dear Les:
Tammy K. Haney
North Office
Direct Dial (317) 684 -5308
Direct Fax (317) 223 -0308
E -Mail: THaney@boselaw.com
Enclosed is the Real Estate Purchase Agreement signed by Nathan and Jeanne
Maudlin. Have you reviewed my email regarding the environmental report?
TKH/cas
Enclosure
65309.1
Downtown • 2700 First Indiana Plaza • 135 North Pennsylvania Street • Indianapolis, Indiana 46204 • (317) 684 -5000 • Fax (317) 6845173
North Office • 600 East 96th Street • Suite 500 • Indianapolis, Indiana 46240 • (317) 684-5300 • Fax (317) 684-5316
Washington Office • 700 North One Lafayette Centre • 1120 20th Street, N.W. • Washington, D.C. 20036 • (202) 973 -1229 • Fax (202) 973 -1212
www.boselaw.com
RESIDENTIAL LEASE AGREEMENT. RECEIVED
FEB 2 4 2005
THIS LEASE, executed this a�- day of February, 2(05, t y and between the CI—Y Oi
CARMEL REDEVELOPMENT COMMISSION ( "Landlord ") ar d NATHAN B. MAUDLIN AND
JEANNE G. MAUDLIN, husband and wife (collectively, "Tenant carmel Clerk Treasurer
WITNES SETH:
1. The Leased Premises. Landlord hereby leases and demises to Tenant and Tenant
hereby leases from Landlord certain real estate located in Hamilton County, Indiana, more
particularly described as 302 Pintail-Court, Carmel, Indiana 46032 (the "Real Estate "), together with
the single family dwelling located thereon (the "House "). For ease of reference, the Real Estate and
the House are hereinafter collectively referred to as the "Leased Premises."
2. A Term. The term of this Lease shall be for a period of up to thirty (30) days, beginning
February bit , 2005 (the "Commencement Date ") and ending no later than Marche/q, 2005 (the
"Lease Term "). Tenant shall notify Landlord in writing five (5) days prior to its vacation of the
Leased Premises. This Lease is conditioned upon Landlord's purchase of the Leased Premises from
Tenant. In the event Landlord does not purchase the Leased Premises by February 5, 2005, this
Lease shall be null and void.
3. Rent.
(a) Minimum Rent. Tenant shall pay to Landlord as rent for the Leased Premises
the sum of One Dollar ($1.00), payable upon the signing of this Lease.
(b) Additional Rent. In addition to rent, Tenant shall pay , as additional rent, all
other sums and charges required to be paid by Tenant under this Lease, whether paid to Landlord or
directly to the provider of any goods or services. If, in the event Tenant fails to pay, within thirty
(30) days after the same is due and payable, any rent or other sum or charge required to be paid by
Tenant to Landlord under this Lease, such unpaid amount shall bear interest from the due date
thereof to the date of payment at the rate of eighteen percent (18 %) per annum or the highest rate
permissible under applicable law, whichever is less, until paid.
4. Holding Over. If Tenant holds over and remains in possession of the Leased Premises
after the expiration or earlier termination of the Lease Term, and rent is paid by Tenant and accepted
by Landlord, such holding over and continued occupancy shall create a tenancy from month to month
upon the same terms and conditions set forth herein except that the monthly minimum rent payable
by Tenant shall be the fair market rental amount for the Leased Premises. Either party may terminate
such holdover upon thirty (30) days prior written notice to the other party.
5. Condition of Leased Premises. Tenant has personally examined and knows the
condition of the Leased Premises and accepts the same "as is" without representation or warranty by
65323.1
Landlord of any kind and with the understanding that Landlord shall have no responsibility with
respect thereto.
6. Insurance. Landlord shall maintain public liability and property damage insurance on
the Leased Premises. Tenant shall maintain renters' insurance with liability coverage on Tenant's
personal property and the Leased Premises in amounts satisfactory to Landlord and with a company
acceptable to Landlord, naming Landlord as an additional insured. Tenant shall furnish Landlord
with certificates evidencing such coverage.
7. Real Estate Taxes. Landlord shall pay all real estate taxes and assessments which are
due and payable during the Lease Term.
8. Use of Leased Premises. The Leased Premises are to be used by Tenant solely as a
single family residence, and Tenant shall not allow the Leased Premises to be used for any purpose
other than the use herein specified. Tenant covenants and agrees that Tenant will use, maintain and
occupy the Leased Premises in a careful, safe and proper manner and will not commit waste thereon.
9. Maintenance and Repair. During the term of this Lease, Tenant, at Tenant's expense,
shall maintain the Leased Premises in good condition and repair, including, but not limited to,
routine maintenance and upkeep of the yard and maintenance and repair of the House and all
household appliances, systems and facilities affixed to the Leased Premises. Landlord shall have
absolutely no responsibility for the maintenance and /or repair of the Leased Premises. If there is a
major item (i.e., furnace stops working) which, after reasonable maintenance and repair, a qualified
service technician advises should be replaced, neither Landlord nor Tenant shall be obligated to
replace such item. If Landlord does not replace such item, Tenant, at Tenant's expense, may
complete a short-term, temporary repair of the item provided that (i) Tenant notifies Landlord in
writing and in advance of making such repair, and Landlord consents to such repair; (ii) such repair
does not pose a safety hazard; (iii) such repair is done by a qualified service technician in a good and
workmanlike manner; and (iv) such repair is made in accordance with all applicable laws.
10. Assignment and Sublease. Tenant shall not assign this Lease in whole or in part or
sublet the Leased Premises in whole or in part.
11. Default and Remedy. Each of the following shall be deemed a default by Tenant:
(a) Failure to make any payments provided in this Lease when due.
(b) Failure to perform any act to be performed by Tenant hereunder or to comply
with any condition or covenant contained herein.
In the event of any default provided above and the continuance of such a default after ten (10)
days written notice is given by Landlord to Tenant, Landlord may cure Tenant's default, in which
event Tenant shall reimburse Landlord for any costs and expenses Landlord incurs to cure such
default, or Landlord may terminate this Lease. In the event of termination of this Lease, Landlord
may re -enter the Leased Premises, take possession of all or any part thereof, and remove all property
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and persons therefrom and shall not be liable for any damage therefore or for trespass. No such
re -entry shall be deemed a satisfaction of Tenant's obligation to pay the rent as provided herein or
any other obligations of Tenant hereunder.
The failure of Landlord to exercise any option herein provided on account of any default shall
not constitute a waiver of the same or any subsequent default, and no waiver of any condition or
covenant of this Lease by either party shall be deemed to constitute a waiver by either party of any
default for the same or any other condition or covenant.
12. Inspection. Landlord or Landlord's agent shall be permitted to inspect or examine or
conduct tests upon the Leased Premises at any reasonable time upon prior written notice to Tenant;
except that in the event of an emergency, no notice to Tenant is required.
13. Eminent Domain. If all or any part of the Leased Premises shall be acquired by the
exercise of eminent domain by any public or quasi - public body other than the City of Carmel,
Landlord shall be entitled to all of the damages awarded by the condemning authority for the value of
the Leased Premises. In the event the Leased Premises are untenantable as a result of such eminent
domain action, this Lease shall terminate immediately.
14. Fire and Casualty. In the event the Leased Premises are damaged by fire or other
casualty, Lessor shall promptly repair and restore the Leased Premises to the extent insurance
proceeds are available to make such repairs and restorations. In the event the Leased Premises are so
damaged or destroyed as to be untenantable, this Lease shall terminate immediately.
15. Landlord's Non - Liability. Landlord shall not be liable for damage to any person or
property due to the condition of the Leased Premises or to the occurrence of any accident in or about
the Leased Premises or due to any act or neglect of Tenant or any other occupant of the Leased
Premises or of any person. Tenant shall indemnify and save Landlord harmless from all liability to
any person for damage or injury to any person or property resulting from the use or condition of the
Leased Premises, and shall protect against such liability with public liability insurance, as provided
in Paragraph 6 herein, naming Landlord as an additional insured.
Notwithstanding any other provision of this Lease, Landlord and Tenant agree to relieve each
other from any liability due to loss or damage to property for which either has been reimbursed by
insurance; and each agrees to obtain a waiver from its insurance carrier, or have policies which
automatically grant such waiver, of the right of subrogation against the other.
16. Utilities. Tenant shall pay for the use of all utilities serving the Leased Premises
during the Lease Term.
17. Liens. If, because of any act or omission of Tenant or any person claiming by,
through, or under Tenant, any mechanic's lien or other lien shall be filed against the Leased Premises
(whether or not such lien is valid or enforceable as such), Tenant shall, at its own expense, cause the
same to be discharged of record within thirty-five (3 5) days after the date of filing thereof, and shall
also indemnify Landlord and hold it harmless from all claims, losses, damages, judgments,
65323.1 3
settlements, costs and expenses, including attorneys' fees, resulting therefrom or by reason thereof.
Landlord may, but shall not be obligated to, pay the claim upon which such lien is based so as to
have such lien released of record; and, if Landlord does so, then Tenant shall pay to Landlord, as
additional rent, upon demand, the amount of such claim, plus all other costs and expenses incurred in
connection therewith, plus interest thereon at the rate of twelve percent (12 %) per annum until paid.
18. Surrender. Upon the expiration or other termination of this Lease, Tenant shall quit
and surrender to Landlord the Leased Premises in a safe, good and broom -clean condition, free of all
rubble and debris. Tenant shall remove only Tenant's personal property from the Leased Premises.
Tenant's obligation to observe or perform this covenant shall survive the expiration or other
termination of this Lease.
19. Notice. Any notice required or permitted to be given or served by either party to this
Lease shall be deemed to have been given or served when made in writing, by certified or registered
mail, addressed as follows:
Landlord: City of Carmel Redevelopment Commission
One Civic Square
Carmel, Indiana 46032
Attention: Les A. Olds
Tenant: Nathan B. Maudlin and Jeanne G. Maudlin
302 Pintail Court
Carmel, Indiana 46032
The addresses may be changed from time to time by either party's serving notice as above provided.
20. Governing Law. This Lease shall be governed in accordance with the laws of the
State of Indiana.
21. Indemnification. Tenant shall be liable for and hereby agrees to pay all expenses,
including reasonable attorneys' fees, incurred by Landlord in connection with any default by Tenant
of the terms, covenants and conditions contained in this Lease. The obligations of Tenant under this
Lease shall be joint and several.
[THIS SPACE INTENTIONALLY LEFT BLANK]
65323.1 4
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the day
and year first above written.
LANDLORD:
CITY OF CARMEL REDEVELOPMENT
COMMISSION
By:
Les Ids, Director
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Les Olds,
by me known and by me known to be the Director of the City of Carmel Redevelopment
Commission, who acknowledged the execution of the foregoing "Residential Lease Agreement " on
behalf of said redevelopment commission.
Witness my hand and Notarial Seal this
My Commission Expires:
My County of Residence:
otary P blic - Signature
Notary
65323.1 5
ted CYNTHIA H. BABB
Comm. Exp. 546 -2007.
Res. of Marion Co.
TENANT:
Nathan B. Maudlin
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Nathan B.
Maudlin and Jeanne G. Maudlin, who acknowledged the execution of the foregoing "Residential
Lease Agreement" as their voluntary act and deed.
Witness my hand and Notarial Seal this 02 Td y o
Notary P ' - Signature
Y
O s',, CYNTHIA H. BABB
, f Comm_ Fxp. 5 -16 -2007
Nota%v'¢' . ' P inte&es• of Marion Co.
My Commission Expires:
My County of Residence:
65323.1 6
NATHAN B. MAUDLIN
JEANNE G. MAUDLIN
PH. 317 -573 -9701
302 PINTAIL CT.
CARMEL, IN 46032
.PAY
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