NOTICE OF INVITATION FOR BIDS FOR LEASE OF RESIDENTIAL PROPERTY OWNED BY HARRIS TOWNSHIP (IN ST. JOSEPH COUNTY, INDIANA) AND LOCATED AT 10600 BRUMMITT ROAD, GRANGER, INDIANA 46530
NOTICE IS HEREBY GIVEN that Harris Township (“the Township”) is inviting bids for lease of property owned by the Township and located at 10600 Brummitt Road, Granger, Indiana 46530 (“the Property”). The Township is committed to compliance with all federal, state, and local fair housing laws. The Township will not discriminate against any person because of race, color, religion, national origin, sex, familial status, disability, or any other specific classes protected by applicable laws. If an accommodation is required for submitting a bid due to a disability or other lawful basis, the bidder should contact Kenneth Lindsay, Harris Township Trustee at 574-272-2371 or HarrisTrusteeLindsay@gmail.com. The time period for submitting written bids begins on April 08, 2021, and ends at 5:00 P.M. on April 26, 2021. Bids are to be delivered in writing. The bid must state the monthly rental amount offered, and must confirm acceptance of the terms and conditions set forth below. The Township reserves the right to reject all bids. The bids must be accompanied by a security deposit in the form of a cashier’s check in the amount of $3000.00 payable to Harris Township. The Township will deposit the check from the winning bidder and hold the money as the security deposit under the lease terms provided below if a bid is accepted. For all rejected bids, the Township will return checks submitted with bids to the address of the bidder. The Property shall be made available for a walk-through inspection at 11 AM to noon on April 1 and April 20, 2021. No bid shall be accepted from anyone ineligible under I.C. 36-1-11-16. A bid submitted by a trust must identify each beneficiary of the trust and the settlor empowered to revoke or modify the trust. All bids shall be open to public inspection. A bidder may raise a bidder’s bid, but such increase takes effect only after the board has given written notice, which may be via email, of that raise to the other bidders. Each bid must include the name and address and contact information (including email address) of the bidder; and the name and address of the principal contact person acting on behalf of the bidder if it is different than the bidder. All bids must be delivered to: Harris Township Trustee 13981 IN-23, Granger, IN 46530 The Property is being offered at a minimum rental amount of $2,950.00 per month, and is further subject to an application process, and the execution of a written lease agreement including the following terms and conditions with The Township being the Landlord and the winning Bidder being a tenant, with the Property becoming Leased Premises: 1. Term of Lease. The term (“Term”) of the Lease shall be for a period of 1 year, beginning on May 1, 2021 and ending on April 30, 2022, or otherwise as agreed to by The Township.
- Rent. As rent for the Leased Premises, Tenant shall pay Landlord the sum of the winning bid amount per month (“Rent”), payable in advance, on or before the first (1st) day of each month. All rental payments shall be submitted to Harris Township Trustee, 13981 IN-23, Granger, IN 46530. A late fee of Twenty and 00/100 Dollars ($20.00) will be assessed per day for any outstanding balance due and owing after the first (1st) of each month. Any balances outstanding for a particular month shall be carried forward in to any subsequent months, and will continue to accumulate late fees until paid in full.
- Security Deposit. A security deposit of $3,000.00 shall be paid to the Township by the Tenant. The security deposit shall be held until the end of the Term. At the conclusion of said Term, Landlord shall return the security deposit within Forty-five (45) days to Tenant. Tenant hereby authorizes Landlord to deduct any of the following from the security deposit:
a. Any rental payment or part thereof required by the terms of this lease that are nor paid;
b. Unpaid late fees or utility charges provided for in this lease;
c. Any attorney’s fees incurred as a result of enforcement of the terms of this lease;
d. Any court costs incurred as the result of enforcement of the terms of this lease;
e. The cost of any repairs, replacements, redecoration, and/or refurbishing of the premises or any fixtures, systems, or appliances caused by Tenant, other than normal wear and tear;
f. A reasonable cleaning expense, provided Tenant does not love the premises in a clean and rentable condition at the time Tenant vacates;
g. The cost of pest control treatment to the premises, if necessary due to Tenant’s actions;
h. The cost of packing, moving and storage if Tenant fails to remove all belongings from the Leased Premises at the conclusion of this Lease.
- Utilities and Other Charges. Tenant is responsible for the payment of gas, electric, and any other utilities. In the event utilities are still in the name of the Landlord, Tenant shall contact all necessary utility company to convert all utilities to their name within three (3) business days of the execution of this Lease. The Tenant shall also be responsible for any additional utilities, such as cable, phone, or internet. Tenant understands that failure to comply with this provision shall constitute breach of the Lease.
- Condition of Premises. Tenant agrees that he/she received the above-stated property in good condition. It shall be the responsibility of the Tenant to maintain the condition of the leased premises. The Tenant shall keep the premises neat and clean at all times, and shall dispose of all waste in a timely manner, using a proper trash receptacle.
- Use of Premises. The Leased Premises may be used only for residential purposes. Tenant will not commit or suffer any waste on the Leased premises, or use the Leased Premises or permit the Leased Premises to be used for any unlawful purpose or any dangerous or offensive activity or cause or maintain any nuisances on the Leased Premises. Subject to other provisions of this Lease, no other person(s) shall live on the Leased Premises other than Tenant, without the written consent of Landlord. No guest(s) of Tenant may occupy the Leased Premises for longer than one (1) week without the written consent of Landlord. Tenant is entitled to the use of parking on or about the property. If Tenant or Tenant’s employee, family member, visitor, or agent of the Tenant causes damage to the Leased Premises through any negligent or willful acts, Landlord may terminate this Lease by providing adequate notice to Tenant. Tenant shall immediately notify Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Leased Premises or to any furnishing supplied by Landlord. Tenant shall comply with all standards of health, sanitation, fire, housing, and safety as required by Indiana law. Both Landlord and Tenant will use reasonable efforts to maintain the Leased Premises in such a condition as to prevent the accumulation of moisture and the growth of mold. Tenant has a duty to promptly notify Landlord in writing of any moisture accumulation, or of any visible evidence of mold discovered by Tenant. Landlord will promptly respond to any such written notices received from Tenant. In the event Tenant is absent from the Leased Premises, and the Leased Premises is unoccupied for more than seven (7) consecutive days and no written notice is given to Landlord regarding such absence, a welfare inspection may be conducted and no notice shall be required.
- Access to Premises. Tenant hereby acknowledges that Landlord and its agents, may enter the Leased Premises to make inspections or repairs, or the show the Leased Premises to prospective renters as long as Tenant is given Twenty-four (24) hour notice, barring emergency. The Tenant agrees to quarterly inspections to ensure the Leased Premises is not damaged beyond normal wear and tear. The Landlord or agent shall provide Twenty-four (24) hour notice of such entry for quarterly inspections. Tenant hereby understands that said inspection may take place with, or without the Tenant being present. Any damage beyond normal wear and tear discovered above Two Hundred and 00/100 Dollars ($200.00) may be grounds for termination of this Lease Agreement.
- Appliances. Any furnished appliance, along with other attached amenities (including, but not limited to light fixtures, smoke detectors, carpeting, curtains, blinds, etc.) shall remain with the leased premises. In the event Tenant damages or removes said appliance, Tenant shall be responsible for the costs associated with replacing such item.
- Damage to Premises. Tenant understands that this Lease Agreement shall terminate if Tenant is causing deliberate/intentional damage to the premises, outside of normal wear and tear. Tenant shall be responsible for all costs associated with said damage.
- Property Loss. Landlord shall not be liable for any damage or loss to Tenant’s property. Tenant hereby agrees to assume all responsibility for any accident, injury, or damages that may result from defect on or about the premises.
- Insurance. Landlord assumes no liability for any such loss to property of Tenant. Tenant is hereby advised and understands that the personal property of the Tenant is not insured by Landlord, and therefore, Tenant shall purchase renters’ insurance. Furthermore, Tenant shall provide proof of insurance to Landlord within ninety (90) days of taking possession of the property.
- Pet Policy. No pets are allowed on the Leased Premises at any time without the written consent of the Landlord. If permission is given to Tenant to have a pet on the Leased Premises, a Five Hundred and 00/100 Dollar ($500.00) fee shall be paid per pet, at the signing of the Lease Agreement. The Five Hundred and 00/100 Dollar ($500.00) pet fee is non-refundable, however any damages beyond that amount are a Tenant responsibility. In the event a pet is on the Leased Premises without the written permission of the Landlord, the Landlord may terminate this lease.
- Tenant Improvements. Tenant must obtain written permission from Landlord before starting any of the following improvements:
a. Applying adhesive materials, or inserting nails or hooks into walls or ceilings. Tenant is allowed to insert two small picture hooks per wall;
b. Painting, wallpapering, redecorating, or in any way significantly altering the appearance of the Leased Premises;
c. Removing or adding walls, or performing any other structural alterations;
d. Having a waterbed on the Leased Premises;
e. Installing any addition electrical wires or heating units to the premises;
f. Placing or exposing, or allowing to be placed or exposed anywhere inside or outside the Leased Premises any placard, notice or sign for advertising purposes; and
g. Affixing to or erecting upon or near the Leased Premises any radio or TV antenna/tower;
- Renewal of Lease. Tenant may apply to renew this Lease by providing intent to do so to Landlord by written notice at least Sixty (60) days prior to the natural termination. All terms of the renewed lease shall be the same except for this renewal clause and the amount of rent due monthly. If Landlord and Tenant cannot agree as to the amount of rent due and owing after renewal of the lease, the amount shall be determined by mediation, at Tenant’s expense. Failure to vacate the premises at the conclusion of this Lease Agreement shall create a month-to-month tenancy.
- Assignment and Sublease. Tenant shall not assign this Lease nor sublet the Leased Premises, or any part thereof without the prior written consent of the Landlord, which consent may be withheld at Landlord’s sole discretion.
- Indemnification. Tenant shall defend all actions against Landlord with respect to and shall protect, indemnify and hold Landlord harmless from and against any and all liabilities, losses, damages, costs and expenses, including reasonable attorney’s fees and expenses, causes of action, suits, claims, demands or judgments of any nature to which Landlord is subject arising from (i) injury or death of any person or damage to or loss of property on the Leased Premises, or connected with Tenant’s use or occupancy thereof; (ii) any breach of this Lease by the Tenant; (iii) any act or omission of Tenant or Tenant’s agents, contractors, or invitees.
- Default. In the event Tenant fails to pay the rent due hereunder on the date due, or fails to perform any of the covenants of this Lease, Landlord may, at Landlord’s option terminate this lease. Landlord shall have all remedies available at law or in equity. Tenant shall pay and discharge all reasonable costs, attorney’s fees and expenses that shall be made and incurred by Landlord in enforcing the covenants and agreements of this Lease, including, but not limited to, the costs to remove the Tenant in possession for breach of this Lease. In the event of breach of this Lease by Tenant, Tenant shall forgo the entire sum of their security deposit. Tenant shall not engage in any illegal trade or activity on or around the Leased Premises, and any such actions will be considered a breach of this agreement and grounds for eviction. If law enforcement has to be called to the Leased Premises due to the actions of a Tenant, that shall constitute default, and be grounds for eviction. This includes, but is not limited to calls pertaining to noise complaints/violations, domestic violence, fighting, and the use of illegal drugs or other illegal paraphernalia.
- Hazardous Materials. Tenant shall not keep nor have on the Leased Premises at any time, anything described or defined as dangerous, flammable, or explosive, that may unreasonably increase the likelihood of a fire starting on or at the Leased Premises.
- Smoking. No smoking is allowed in the house, or on the grounds.
- Cleaning Fee. Tenant shall take possession of the Leased Premises in its present state of cleanliness. Tenant shall return the property in the same condition, normal wear and tear expected, or pay a Five Hundred and 00/100 Dollar ($500.00) cleaning fee.
- Lead Warning. Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before allowing tenants to occupy housing built prior to 1978, Landlords must disclose the presence of known lead-based paint hazards in the dwelling. Tenants must receive a federally approved pamphlet on lead poisoning prevention.
- Amendment of Lease. This lease may only be amended or modified by written and signed notice, executed by both Landlord and Tenant.
- Attorney Fees. In the event that any action is filed in relation to this Lease by Landlord, Tenant shall pay the attorneys’ fees associated with such filing, along with any other fees associated with such filing, including but not limited to filing fees and court costs.
- Notices. All notices and other communications hereunder shall be in writing and delivered to the parties as follows:
To the Landlord: Harris Township Trustee
13981 IN-23, Granger, IN 46530
To the Tenant: At an address provided by Tenant
- Governing Law. This Lease shall be governed and construed in accordance with the laws of the State of Indiana.
a. All monetary amounts stated or referred to in this Lease are based on United States currency;
b. Any waiver by Landlord of any failure to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect to any subsequent defaults or breach, and will not defeat or effect in any way Landlord’s rights in respect of any subsequent default or breach;
c. Any excess sums paid by Tenant to Landlord, and pursuant to any provision(s) of this Lease will be deemed additional rent, and will be applied to the Tenants account in the following manner: i) Late rental payments, if any; ii) Late fees; iii) Unpaid utilities; iv) Future rent.
d. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions, and liabilities pursuant to this Lease.
e. Locks may not be added or changed without the prior written agreement of both Landlord and Tenant, or unless the changes are made in compliance with a Court order, or some other mandate.
f. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include words in the feminine and vice versa.
g. The invalidity or unenforceability of this Lease will not affect the validity or enforceability of any other provision of this Lease. All other provisions shall remain in full force and effect.
- Severability. If there is a conflict between any provision of the Lease and Indiana law, Indiana law will prevail and such provisions of the Lease will be amended or deleted as necessary to comply with Indiana law. Furthermore, any provisions that are required by Indiana law are incorporated into this lease.
- Binding Effect. The Lease and the agreements of Landlord and Tenant contained herein shall be binding upon and inure to the benefit of the parties hereto. This Lease constitutes the entire agreement between both Landlord and Tenant. Any prior understandings or representations of any kind prior to the date of this Lease will not be binding on either Party. This lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
Notice given by Kenneth Lindsay Harris Township Trustee 13981 IN-23 Granger, IN 46530