HomeMy Public PortalAbout004-2015 - Leasing - Fire Station #6F
BOARD OF PUBLIC WORKS & SAFETY
CITY OF RICHMOND, INDIANA
RESOLUTION NO. 4-2015
A RESOLUTION TO ENTER INTO LISTING CONTRACT
FOR LEASE OF REAL ESTATE
WHEREAS, The Board of Public Works and Safety of Richmond, Indiana ( "Board ".) is the
disposing agent for real property owned and to be transferred or acquired by the
City of Richmond, Indiana ( "City ") pursuant to the provisions of Indiana Code
(IC) 36 -1 -11, et. seq. (the "Act "); and
WHEREAS, Pursuant to IC 36- 1 -11 -8, a transfer or exchange of property may be made with a
governmental entity upon terms and conditions agreed upon by the entities as
evidenced by the adoption of a substantially identical resolution by each entity;
and
WHEREAS, The Veterans Administration ( "VA ") Hospital/Clinic has issued a tentative offer
to the Richmond Fire Department to lease certain property located at 1501 NW 5"'
Street, Richmond, Indiana, and commonly known as Fire House #6 (hereinafter
"property ") for the purpose of maintaining a location to transport military
veterans; and
WHEREAS, Said property would be available to be leased pursuant to IC 36- 1 -11 -8 provided
that the Veterans Administration and the City can agree on the terms and
conditions in connection with certain triple -net lease provisions proposed by the
City; and
WHEREAS, After conducting a request for quotes, the Richmond Fire Department has
contacted a listing agent for the purpose of conducting negotiations with the VA
Hospital/Clinic and said listing agent has provided the Richmond Fire Department
with the attached form "listing contract" (Exhibit "A ") that would allow the agent
to list the property with the VA Hospital /Clinic as the only client; and
WHEREAS, After careful consideration, it is the desire of the City of Richmond to proceed
with the negotiation of the lease of said property with the VA Hospital/Clinic and
to proceed with the execution of a listing contract with the listing agent in order
that formal negotiations may take place.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF RICHMOND BOARD OF
PUBLIC WORKS AND SAFETY that the City of Richmond will agree to list the property
located at 1501 NW 5`h Street, Richmond, Indiana (Fire House #6), with a listing agent in order
that formal negotiations may take place with the Veterans Administration Hospital /Clinic.
P .
NOW, THEREFORE, BE IT ALSO RESOLVED BY THE CITY OF RICHMOND BOARD OF
PUBLIC WORKS AND SAFETY that Fire Chief Jerry Purcell shall be authorized to execute the
finalized listing contract with the listing agent.
Passed and adopted this 2"day of 2015, by the Board of Public
Works & Safety.
Vicki Robinson, President
Richard Foore, Member
Anthony L. Foster, II, Member
APPROVED: � "'4-11 y
Sarah L. Hutton, Mayor
Date: l
EXHIBIT PAGE OF
Aspi" a. a 00.4w tiwa 4 af.
s , IN
=MN of
LISTING CONTRACT
(EXCLUSIVE RIGHT TO LEASE)
COMMERCIAL - INDUSTRIAL REAL ESTATE
1 This Contract is entered into on the 29th day of January , 2015 , by Linale Real Estate, Inc.
2 ( "Broker ") and
3 City of Richmond
4 ( "Landlord "), for the lease of real estate commonly
5 known as 1501 NW 5th Street in _ Wayne
6 Township, Wayne County, Richmond Indiana 47374 Zip Code,
7 the legal description of which is ❑ (attached as Exhibit "A'%@ (described as follows): Pt SW sec 29 -14 -1 Tri PC
8 1.56A *TIF*
9 (the "Property").
10 In consideration of the mutual covenants herein and services to be performed, Broker is appointed as Landlord's agent with
11 irrevocable and exclusive right to lease the Property, during the Term for the following price and terms.
12 Where the word "Lessor" appears, it shall also mean "Landlord;" "Lessee" shall also mean 'Tenant;" and "Broker" shall mean
13 "Licensee" as provided in I.C. 25- 34.1- 10 -6.8. "Property" shall mean all property offered for lease pursuant to this Contract as
14 defined in Section D and E (if applicable) below.
15 A. TERM: This Contract begins on the 29th day of January , 2015 , and shall continue until 11:59 p.m. on
16 the 29th day of January , 2016 . Provided, however, that if Landlord enters into a letter of intent or
17 other understanding to lease all or part of the Property during the term of this Contract, but the execution of the lease will not
18 take place until after the term of this Contract, then this Contract shall be extended to coincide with the execution date.
19 In the event the Property is removed from the market for periods of time that may be agreed to by Landlord and any
20 prospective Tenant as part of the contingencies to the lease, ("Transaction Agreement "), this Contract shall be automatically
21 extended in time for periods equal to the periods contained in the Transaction Agreement.
22 B. BROKER'S COMMISSION: Landlord agrees to pay Broker a commission, which shall be determined and paid as, follows:
23 1. LEASE: Landlord shall pay Broker a commission of ten
24 percent ( 10.000 %) of the total gross amount to be received by Landlord during the initial term of the lease, which
25 shall be paid at the time Landlord and a Lessee enter into a lease. If the lease includes one or more options to renew or
26 extend the lease, Landlord shall pay Broker a commission of ten
27 percent ( 10.000 %) of the total gross amount to be received by Landlord during the renewal or extension term of the
28 lease, which shall be paid at the time the extended lease term begins. If Lessee elects to expand or relocate the leased
29 premises, a commission with respect to each expansion or relocation shall be payable in the same amount and at the
30 same time as if the expansion or relocation was a new lease, except the fee for a relocation shall apply to any increase in
31 the leased premises from the leased premises being vacated and relocated. ' (See last page)
32 2. DEFAULT: If Landlord enters into a fully executed letter of intent or other understanding to lease and Landlord defaults
33 under that letter or understanding, then a commission in the same amount as would be payable upon a lease execution
34 pursuant to this Contract shall be due immediately upon such default.
35 3. READY, WILLING AND ABLE PERSON: If Broker procures a written offer from a Tenant who is ready, willing and
36 financially able to consummate the proposed transaction concerning the Property according to the terms contained in this
37 Contract, and Landlord refuses to accept the offer, Broker shall be immediately entitled to a commission in the same
38 amount as would be payable upon a closing pursuant to this Contract.
39 4. SUIT BY OWNER: If Landlord successfully prosecutes a suit against a Tenant who breached a letter of intent or other
40 understanding to lease concerning the Property and collects all or any part of the monetary damages proximately caused
41 by such breach as a result of trial, compromise, settlement or otherwise, Landlord shall pay Broker an amount equal to
42 one -half (1/2) of the funds received by Landlord; but, the maximum amount that Landlord shall be obligated to pay to
43 Broker shall not exceed the amount of Broker's commission if the lease had been consummated.
44 5. COMMISSION PROTECTION: Within 30 days after the Term, as it may be extended if the Property is:
45 (i) leased; (ii) contracted to be leased; (iii) subject to the commencement of, resumed or continued communications to
46 be leased to any entity or person, or its, his or her broker or agent with whom Broker, Landlord or any of their agents or
47 employees had communications during the term and who was identified on a list submitted to Landlord within 15
48 d �s after expiration of the Term, then Landlord agrees to pay Broker a commission on such lease pursuant to Section B.
49 C. *'Landlord offers the Property for lease at a rent of
50 dollars ($ per upon the following terms and conditions:
51 Cash.
52
53
54 Landlord offers the Property for lease upon any other price and terms acceptable to Landlord as evidenced by Landlord's
55 execution and delivery of a written lease with respect to the Property.
(office use only)
Page 1 of 4
Copyright IAR 2015
Lingle Real Estate, 801 North A Street Richmond, IN 47374
Phone: 765.598.5168 Fax: 765.966.1915 Kyle Tom 1501 NW 5th Street
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zanLogix.com
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EXHIBIT PAGE OF_
D. PROPERTY OFFERED FOR LEASE: The above pnce s lnc u es Ine real esTaTe together with all buildings and all permanent
improvements and fixtures attached thereto; except the following Items to be EXCLUDED (if any):
E. PERSONAL PROPERTY OFFERED FOR LEASE: The above price Includes the following items of personal property to
be INCLUDED In the lease:
(NOTE: EXCLUDE FIXTURES NOT OWNED BY LANDLORD SUCH AS RENTED FIXTURES AND TENANT'S TRADE
FIXTURES. THE LEASE WILL DETERMINE WHAT PROPERTY IS INCLUDED OR EXCLUDED.)
F. UTILITIES AND SERVICES: Each utility and service listed below is to be paid directly to the provider by the party as indicated:
Utility /Service
1. Real Estate Taxes
2. Property & Liability Insurance
3. Interior Maintenance
4. Exterior Maintenance
5. Electrical Service
6. Gas Service
7. Sewer Service
8. Water Service
9. Janitorial Service
10. Other (List and describe here or on an attachment)
(Check the applicable party)
Tenant Landlord
x
x
X
x
x
R
x
x
X
G. AGENCY DISCLOSURES:
1. Office Policy. Landlord acknowledges receipt of a copy of the written office policy relating to agency.
2. Agency Relationships. I.C. 25- 34.1- 10 -9.5 provides that a Licensee has an agency relationship with, and is representing,
the individual with whom the Licensee is working unless (1) there is a written agreement to the contrary; or (2) the
Licensee is merely assisting the individual as a customer. Licensee (Broker) represents the interests of the Landlord as
Landlord's agent to lease the Property. Licensee owes duties of trust, loyalty, confidentiality, accounting and disclosure to
the Landlord. However, Licensee must deal honestly with a tenant and disclose to the tenant information about the
Property, including all latent and patent defects in the Property, whether or not Landlord believes they are minor or major
in nature, and whether or not they are now known or are discovered in the future. All representations made by Licensee
about the Property are made as the agent of the Landlord. Landlord is advised that the Property may be leased with the
assistance of other Licensees working as tenant agents and that Licensee's company policy is to cooperate with and
compensate tenant agents. Tenant agents are Licensees who show the Property to prospective tenants, but who represent
only the interests of the tenant. Tenant agents owe duties of trust, loyalty, confidentiality, accounting and disclosure to
tenants. All representations made by tenant agents about the Property are not made as the agent of the Landlord.
3. Limited Agency Authorization: Licensee or the managing broker may represent Tenant as a tenant agent. If such
a Tenant wishes to see the Property, Licensee has agency duties to both Landlord and Tenant, and those duties
may be different or even adverse. Landlord knowingly consents to Licensee acting as a limited agent for such showings. If
limited agency arises, Licensee shall not disclose the following without the informed consent, in writing, of both Landlord
and Tenant:
(a) Any material or confidential information, except adverse material facts or risks actually known by Licensee
concerning the physical condition of the Property and facts required by statute, rule, or regulation to be
disclosed and that could not be discovered by a reasonable and timely inspection of the Property by the
parties.
(b) That a Tenant will pay more than the offered lease rate for the Property.
(c) That Landlord will accept less than the listed lease rate for the Property.
(d) Other terms that would create a contractual advantage for one parry over another party.
(e) What motivates a party to lease the Property.
In a limited agency situation, the parties agree that there will be no imputation of knowledge of information between any
party and the limited agent or among Licensees.
Landlord acknowledges that Limited Agency Authorization has been read and understood. Landlord understands that
Landlord does not have to consent to Licensee(s) acting as limited agent(s), but gives informed consent voluntarily to
limited agency and waives any claims, damages, losses, expenses, including attorneys' fees and costs, against
Licensee(s) arising from Licensee's(s') role of limited agent(s).
H. LANDLORD'S COVENANTS: Landlord agrees to cooperate with Broker and cooperating brokers fully with respect to Broker's
efforts to market and lease the Property. Landlord agrees to refer to Broker all inquiries received relating to the lease of the
Property and to conduct all negotiations with prospective tenants of the Property through Broker. Landlord further agrees to
furnish Broker any information in Landlord's possession concerning the Property as Broker may reasonably request from time
(office use only)
Page 2 of 4
Copyright IAR 2015
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EXHIBIT PAGE OF
- a]
to time including, but not limited to survey, floor plans, building pans, operating
• environmental reports, zoning certificates and the following:
statements, rent roll, title commitment,
Landlord agrees to reimburse Broker for all expenses authorized in writing by Landlord and incurred by Broker in advertising
or marketing the Property and not to exceed
($ 0.00 ).
LANDLORD'S REPRESENTATIONS: TO LANDLORD'S BEST KNOWLEDGE AND BELIEF LANDLORD REPRESENTS AND
WARRANTS TO BROKER AS FOLLOWS:
1. The undersigned Landlord (i) holds title to the Property in fee simple; (ii) is authorized and has the capacity to execute
and deliver this Listing Contract; and (iii) has the ability to convey a good and marketable title by lease.
2. The Property is zoned ; 0 (is) ® (is not) located in a Historic
District; 0 (is) ® (is not) located in a flood plain. There presently exists no defect or condition known to Landlord which
would adversely affect market value or materially impair the fitness of the Property for its existing use EXCEPT:
3. There are no actions, suits or proceedings pending or threatened against Landlord or the Property, affecting any portion
of the Property, before any judicial tribunal or governmental agency, department or instrumentality, EXCEPT:
4. There are no pending or threatened condemnation actions or special assessments of any nature with respect to the
Property nor has Landlord received any notices of any such condemnation actions or special assessments being
contemplated.
5. There are no foreclosures pending or threatened with respect to the Property nor has Landlord received any notices of
any foreclosure action being contemplated.
6. Landlord has not received any notice in writing or otherwise from any governmental or municipal agency requiring the
correction of any condition with respect to the Property or any part thereof, by reason of a violation or alleged
violation of any applicable federal or state statute, ordinance, code or regulation, EXCEPT:
(NOTE: LANDLORD AUTHORIZES BROKER TO DISCLOSE ANY OF THE INFORMATION IN SECTIONS H. AND I. TO
THIRD PARTIES.)
J. MARKETING: Landlord authorizes Broker to market the Property, including but not limited to placing and removing "For
Lease" and other signs on the Property using electronic media and printing brochures. Landlord further authorizes Broker or
cooperating brokers to conduct showings of the Property. Landlord represents that adequate insurance will be kept in force to
protect Landlord in the event of any damage, losses or claims arising from entry to the Property and holds harmless Broker, its
agents, employees, and independent contractors, from any loss, claim or damage resulting therefrom.
K. INDEMNITY: Landlord agrees to indemnify, defend and hold Broker, cooperating broker, the local Board/Association of
REALTORS®, the MLS (if applicable), the Indiana Commercial Board of REALTORSS, Inc., and the Indiana Association of
REALTORS@, Inc., harmless from any and all claims, demands, liabilities, damages, losses, judgments, expenses, costs and
attorney fees resulting from, arising out of or relating to Landlord's furnishing Broker or causing Broker to be furnished with any
false, incorrect, or inaccurate information or representations, or Landlord's concealment of any material information. If a
dispute arises at any time concerning the condition of the Property, the structures, improvements permanently installed and
affixed thereto, Property defects, or health hazards, Landlord agrees to indemnify, defend and hold harmless Broker,
cooperating Broker, the local Board/Association of REALTORS@, the MLS (if applicable), the Indiana Commercial Board of
REALTORS@, Inc., and the Indiana Association of REALTORS@, Inc. from and against any and all claims, demands, liabilities,
damages, losses, judgments, expenses, costs and attorney fees resulting from, arising out of or relating to such dispute.
L. BROKER'S LIEN: For purposes of this Contract, the parties understand and agree that Broker's commission is deemed to be
a share of the money received by Landlord, and Broker shall have a lien on the funds and a lien upon the Property until the
commission is paid.
M. MISCELLANEOUS PROVISIONS: Landlord and Broker acknowledge that:
1. All persons signing below as Landlord have read and understand this Contract and have received a copy.
2. This Contract contains the entire agreement of the parties and cannot be changed except by their written consent.
3. This Contract is binding upon the parties' heirs, administrators, executors, successors and assigns.
4. Broker warrants that Broker holds a valid Indiana real estate license.
5. Broker may refer Landlord to other professionals, service providers or product vendors, including lenders, loan brokers,
title insurers, escrow companies, inspectors, surveyors, engineers, consultants, environmental inspectors and
contractors. Broker has no responsibility for the performance of any service provider. Landlord is free to select
providers other than those referred or recommended to Landlord by Broker.
6. If it becomes necessary for Broker to retain an attorney or initiate any legal proceedings in order to secure compliance
with this Contract, then, in addition to all other sums Broker may recover, Broker shall also recover court costs,
reasonable attorney fees, pre - judgment and post - judgment interest and all other costs incurred by Broker in connection
therewith.
7. This Contract may be transmitted between the parties electronically or digitally. The parties intend that electronically or
digitally transmitted signatures constitute original signatures and are binding on the parties. The original document shall
be promptly executed and /or delivered, if requested. This Contract may be executed simultaneously or in two or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
8. The Fair Housing Act prohibits discrimination in housing because of race, color, national origin, religion, sex, familial
status, and handicap. The National Association of REALTORS® Code of Ethics also prohibits REALTORS@ from
(office use only)
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Copyright IAR 2015
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EXHIBIT L PAGE LA OF
discriminating on the basis of sexual orientation or gender identity.
9. Broker is not and shall not be charged with the responsibility for the custody, management, care, maintenance,
protection or repair of the Property nor for the protection or custody of any personal property located thereon, unless
provided for in another agreement.
10. Broker's commission for services rendered in respect to any listing is solely a matter of negotiation between Broker
and Landlord and is not fixed, controlled, recommended or maintained by the Indiana Association of REALTORS®, Inc.,
the Indiana Commercial Board of REALTORS®, Inc., the local Board /Association of REALTORS®, the MLS (if
applicable) or any person not a party to the contract. The compensation paid by a listing Broker to a cooperating
broker in respect to any listing is established by the listing Broker and is not fixed, controlled, recommended or
maintained by any persons other than the listing Broker.
N. ADDITIONAL PROVISIONS: This agreement is for only one client: VA Hospital /Clinic.
Kyle Tom
AGENT IN LICENSE #
RB14021834
Lingle Real Estate, Inc.
BROKER OR COMPANY NAME IN LICENSE #
C081338800
ACCEPTED BY: MANAGING BROKER
801 N A Street, Richmond, IN 47374
MAILING ADDRESS ZIP CODE
(765)598 -5168 (765)966 -1915
(Area Code) TELEPHONE NUMBER/FAX NUMBER
01/29/2015
LANDLORD'S SIGNATURE DATE
City of Richmond
PRINTED
LANDLORD'S SIGNATURE DATE
PRINTED
50 N 5th Street, Richmond, IN 47374
MAILING ADDRESS ZIP CODE
(765)220 -0511
(Area Code) TELEPHONE NUMBER/FAX NUMBER
"For example, if a Lessee expanded or relocated the leased premises prior to the end of a term, the commission would be based
upon the gross amount of the rents to be received by the Seller over the balance of the term of the lease, less the rents that would
have been received by the Seller if the Lessee had not exercised its right to expand or relocate the premises. For further
clarification, if the Lessee's rent over the balance of a term was initially $100,000 and the Lessee either expanded the leased
premises or relocated the leased premises and the additional rent over the balance of such term was $125,000, then the
commission would be based upon $25,000. If the foregoing eeeurred and the tefm of the lease was also extended and if the rent
for the additional term was $200,000, then the commission would be based upon $225,000 ($25,000 and $200,000).
Prepared and provided as a member service by the Indiana Association of REALTORSO, Inc. (IAR). This form
is restricted to use by members of IAR. This is a legally binding contract, if not understood seek legal advice.
Form #F04LSE. Copyright IAR 2015
(office use only)
OPPORTUNITY
Page 4 of 4
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