Loading...
HomeMy WebLinkAbout6.k. Lease Agreement - 14125 Akron Avenue, County Road 73 Improvements, City Project #399AGENDA ITEM: Lease Agreement -14125 Akron Avenue, County Road 73 Improvements, City Project #399 AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, PE, City Engineer AGENDA NO. (p k. ATTACHMENTS: Lease Agreement APPROVED BY: G DJ RECOMMENDED ACTION: Motion to Approve a Lease Agreement for 14125 Akron Avenue, and authorize the necessary signatures. 4 ROSEMOUNT City Council Meeting: October 21, 2008 ISSUE: CITY COUNCIL EXECUTIVE SUMMARY Consider a lease agreement with the current renters of the house located at 14125 Akron Avenue associated with planned improvements for Akron Avenue (County Road 73). BACKGROUND: On August 4, 2008 the City Council entered into a purchase agreement with Thomas F. Van Horn of 14125 Akron Avenue. Since that time Mr. Van Horn's renters, Ica and Danny Belden have asked to maintain their lease with the City. As there is not an immediate need for the house to be removed, staff supports the continued lease of the premise to existing tenants. The tenants have been advised of the future road improvement and development plans that will necessitate the vacation of the premise in the next 3 to 5 years. Attached for Council consideration is a lease agreement with Ica and Danny Beldon for the lease of the house located at 14125 Akron Avenue for a term of month -to -month tenancy, beginning November 1, 2008. SUMMARY: Staff recommends Council authorize the lease agreement with Ica and Danny Beldon for the house at 14125 Akron Avenue for the County Road 73 Improvements, City Project #399. G: \ENGPROJ\ 399\ LeaseAgreement14125AkronCCl0- 21- 08.doc MEMO ILSON DEVELOPMENT SERVICES October 8, 2008 TO: Andy Brotzler City of Rosemount FROM: Kathy Schmieg Wilson Development Services RE: Lease Agreement FOR: Ica and Danny Belden 14125 Akron Ave. Rosemount MN 55068 Andy, Enclosed is the signed lease agreement from the Belden's. Please send them a signed copy once the City has executed it. Thanks, Kathy OFFICE 952.448.4630 800.448.4630 FAX 952.448.4676 WILSONDEV510 @AOL.COM 510 N. CHESTNUT STREET, SUITE 200 CHASKA, MINNESOTA 55318 This is a lease. It is a legal agreement between the Tenant and the LANDLORD to rent the House described below. The word Landlord as used in this Lease means City of Rosemount, a municipal corporation under the laws of the State of Minnesota and the Landlord's address is 2875 145 Street West, Rosemount, MN 55068. The word TENANT as used in this Lease means Danny D. Belden and Ica M. Belden. This Lease is a legal contract that can be enforced in court against the Landlord or the Tenant if either one of them does not comply with this Lease. A written copy of this Lease will be delivered to the Tenant. 1. Description of House. The address of the House is 14125 Akron Avenue, Rosemount, MN 55068. 2. Term of Lease. This Lease is for a term of month to month tenancy beginning on November 1, 2008 (Yr.), at 12:00 o'clock a.m. 3. Rent. HOUSE LEASE a. Amount. The rent for the House is Eleven Hundred and 00 /100 Dollars ($1,100.00) per month in advance. b. Payment. The rent payment for each month must be paid before the 1st day of each month beginning on November 1, 2008 at Landlord's address. Landlord does not have to give notice to Tenant to pay the rent. Tenant understands that Landlord will not accept a partial payment of rent. c. Responsibility for Rent. Every Tenant listed above is individually responsible for paying the full amount of rent owed to Landlord. 4. Security Deposit. The Tenant has given the Landlord $1,100.00 as a security deposit. If Tenant fails to perform any term in this Lease, Landlord may use the security deposit for payment of money that Landlord may spend or damages that Landlord suffers because of Tenant's failure. The Landlord may use the security deposit to pay for any damage to the House caused by the Tenant or the Tenant's guests. The security deposit may also be used to pay rent that the Tenant owes the Landlord at the end of the Lease. 5. Quiet Enjoyment. If Tenant pays the rent and complies with all other terms of this Lease, Tenant may use the House for the term of this Lease. 338762v2 CAH RS220 -284 1 6. Use of House. The House must be used only as a private house to live in and for no other purpose. The Tenant may not use the House for any unlawful activity. In particular, Tenant agrees that (a) Tenant will not unlawfully allow controlled substances in the House; and (b) the property will not be used by the Tenant or others acting under his or her control to manufacture, sell, give away, barter, deliver, exchange, distribute, or possess a controlled substance in violation of any local, state, or federal law, including Minnesota Statute Chapter 152. This agreement by Tenant is not violated if a person other than Tenant possesses or allows controlled substances in the House or on the property unless the Tenant knows or has reason to know of the activity. Tenant(s) will not use the house and its curtilage for prostitution. Tenant(s) will not unlawfully use or possess a firearm in the house or its curtilage. If unlawful activities are conducted by Tenant(s) or with Tenants' knowledge, Landlord can bring or assign to the county attorney an action for unlawful detainer. The Tenant may not use the House for the purpose of carrying on any business, profession or trade. 7. Maintenance and Repair. a. By Landlord. Landlord promises (1) that the House is fit for use as a residence; (2) to keep the House in reasonable repair daring the term of the Lease, except when the damage was caused by the intentional or negligent action of the Tenant or Tenant's guests; (3) to maintain the House in compliance with the applicable health and safety laws except where the violation is caused by the Tenant or Tenant's guests; and (4) Landlord shall provide a copy of all outstanding inspection orders for which a citation is issued. b. By Tenant. Tenant promises, at Tenant's expense, to make all repairs and eliminate any violation of health and safety laws that result from the negligent, willful, malicious or irresponsible conduct of the Tenant or the Tenant's family, agent or guest Tenant shall comply with all the sanitary laws affecting the cleanliness, occupancy and preservation of the House, except where the Landlord is required by law to comply with the health and safety laws (see Minn. Stat. 504B.161). Tenant agrees to perform the following repairs and maintenance: lawn mowing and snow removal. 8. Alterations. Tenant must obtain Landlord's prior written consent to install any paneling, flooring, partitions or make alterations or to paint or wallpaper the House. Tenant must not change the heating, electrical, plumbing, ventilation or air conditioning without the prior written consent of the Landlord. 9. Damage to House. If the House is destroyed or damaged not due to the fault of Tenant or Tenant's guests, and the House be used, Tenant must only pay rent for the usable part. If the House is damaged or destroyed, or if any repair or maintenance is estimated to exceed $2,000.00, Landlord may terminate this Lease immediately and may decide not to rebuild or repair the House. If the damage was not caused by the Tenant or the Tenant's guest and the Landlord cancels the Lease, the rent shall be pro rated up to the time of the damage. 338762v2 CAH RS220 -284 2 10. Utilities. Tenant shall pay for all utilities provided to the House. 11. Right of Entry. Landlord and /or Landlords agents must make a good faith effort to give notice to Tenant(s) prior to entering house for reasonable business purposes except for emergency reasons such as Tenant(s) safety, injury, or to stop unlawful activity. Tenant(s) cannot waive this requirement of notice and Landlord cannot use the waiver of this notice as a condition to entering or maintaining a lease. If Landlord and/or Landlords agents enters without Tenant(s) present and without giving notice, Landlord and/or Landlord's agents must place written disclosure in a conspicuous place inside the house. "Reasonable business purpose" includes, but is not limited to, making necessary repairs and inspections and to show the house to prospective Tenant(s) at reasonable hours during the last 30 days of the Lease term. 12. Tenant's Right to Seek Police or Emergency Assistance. Tenant(s) has /have the right to seek police or emergency assistance for domestic abuse or other conduct. Landlord cannot bar or limit this right nor can Landlord penalize Tenants for exercising this right. This right cannot be waived by Tenant(s) and Landlord cannot require this right to be waived. 13. Assignment and Subletting. Tenant may not assign this Lease, lease the House to anyone else (sublet), sell this Lease or permit any other person to use the House without the prior written consent of the Landlord. If Tenant does, Landlord may terminate this Lease as described in Paragraph 16 of this Lease. Any assignment or sublease made without Landlord's written consent will not be effective. Tenant must get Landlord's permission each time Tenant wants to assign or sublet. Landlord's permission is good only for that specific assignment or sublease. 14. Surrender of Premises. Tenant shall move out of the House when this Lease ends. When Tenant moves out, Tenant shall leave the House in as good condition as it was when the Lease started, with the exception of reasonable wear and tear. 15. Abandonment. If Tenant moves out of the House before the end of this Lease, Landlord may bring a legal action to recover possession of the House. The Landlord may rent the House to someone else. Any rent received by Landlord for the re- renting shall be used first to pay Landlords expenses for re- renting the House and second to pay any amounts Tenant owes under this Lease. Tenant shall be responsible for paying the difference between the amount of rent owed by Tenant under this Lease and the amount of rent received by Landlord from the new tenant together with any court costs and attorney's fees. If a Tenant abandons the rented premises and the Landlord recovers possession, the Landlord may take possession of the Tenant's personal property remaining on the premises in the manner allowed pursuant to Minn. Stat. 504B.271. 16. Default. If Tenant does not pay the rent or other amounts when due or if Tenant violates any term of this Lease, Landlord may terminate this Lease. If Tenant does not move out, Landlord may bring an eviction action. If Tenant violates a term of this Lease and Landlord does not terminate this Lease or evict Tenant, Landlord may still 338762v2 CAH RS220 -284 3