HomeMy WebLinkAbout7.a. Daryl Buecksler Lease of Business Park Land CITY OF ROSTbiOIINT
EXECIITIVE SUI�IARY FOR ACTION
PORT AUTHORITY MEETING DATE: DECEMBER 6, 1994
AGENDA ITEbi: DARYL BUECKSLER LEASE OF AG�iDA SECTION:
BUSINESS PARK LAND NEW BUSINESS
PREPARED BY: RON WASMUND, AGENDA NO.
COMMUNITY DEVELOPMENT DIRECTOR 7. A.
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ATTAC�iENTS: LEASE AGREEMENT APPROVED BY:
Mr. Dar 1 Buecksler has contacted me re ardin his desire to renew the
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lease for farming the tillable portion of the business park.
Mr. Buecksler raised soybeans on the land during the 1994 crop season. He
agrees to raise either beans or wheat again during the 1995 crop season.
He further agrees to the same condition for no claim for crop loss in the
event that a parcel is sold and developed.
This agreement worked very well in 1994 . It kept the land from becoming
weed infested. It also kept vegetation on the land to prevent both wind
and water erosion.
No cash rent is collected for the use of the land. In return, Mr.
Buecksler makes no claim for crop loss if any.
The agreement can be terminated by either party with 30 day notice. The
crop must be harvested by the expiration date of the lease.
This arrangement has worked well for both parties . I recommend approval of
the lease as drafted.
RECOI�Il�IEDiDED ACTION: Motion authorizing the chair of the port authority
to execute a one year lease agreement with Daryl Buecksler for the
farming of Business Park land subject to terms of the lease.
PORT AIITHORITY ACTION:
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destroyed or not capable of harvest by a Tenant within the 30-day notice period, Tenant
agrees that he shall seek no compensation or damages from Landlord from this destruction or
loss.
7. Termination. If the Tenant remains in possession of the property after the expiration of the
term for which it is hereby leased, such possession shall not be construed to be a renewal of
this lease, but to be a tenancy at the will of the Landlord, which may be terminated upon ten
day's notice given by the Landlord in writing either delivered to the Tenant or sent to the
Tenant at 1356 - 170th Street West, Fannington, Minnesota 55024, which is hereby declared
by Tenant to be Tenant's usual post office address.
8. No Assi�. Tenant agrees not to assign this lease or sublet the property or any part
thereof without the written consent of Landlord.
9. Sunender of Premises. Tenant agrees at the expiration of the lea.se to vacate the property,
leaving it in as good condition and repair as when taken, subject only to reasonable wear and
tear and damage by the elements.
10. No Waste by Tenant. Tenant agrees to cultivate the property in a careful and husband-like
manner and to commit no waste or damage on the property and to suffer none to be done.
1l. Removal of Dirt. Tenant agrees not to remove any dirt from the property.
12. Quiet Enjovment. Landlord covenants that the Tenant, upon paying the rents and performing
the covenants aforesaid, shall peaceably and quietly have, hold and enjoy the property for the
term aforesaid.
13. Harvest. All crops on the leased premises must be harvested and removed from the premises
on or before the termination date of this Agreement.
14. TiIla�e. Prior to the expiration of this lease, Tenant agrees to complete all tillage necessary
to return the subject property to the condition it was in at the commencement of this lease.
15. Liabilitv. Landlord shall not be liable in any event for damages or otherwise due to
accidental damage to equipment belonging to the Tenant or his agents or for injury to
individuals engaged in the farming operation.
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LANDLORD: TENANT:
ROSEMOUNT PORT AUTHORITY
By:
Its Chaitperson Daryl Buecksler
By:
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of , 1994,
by , the Chairperson, and , the
of the Rosemount Port Authority.
Notary Public
STATE OF l�ti[NNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of , 1994,
by Daryl Buecksler.
�, Notary Public
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THIS`INS� WA D _r�lBY:
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FLUEG MO �& MII.ES, A.
1303 SO FRONT ROAD
HAS GS, 1��[��IVES TA 5503
PHO : (612) 438- 777 .
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