Loading...
HomeMy WebLinkAboutResolution 46-2000 Resolution No. 46-00 RESOLUTION OF INTENT TO LEASE REAL PROPERTY TO PRIVATE PERSON BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Rhonda Lorenz, Lessee for a period of nine (9) months, commencing August 15, 2000 and ending May 15, 2001, and pertaining to the following described property: The West One Hundred Four Feet(W 104') of the East Two Hundred Four Feet(E 204') of Lot One (1) in Block One (1) of Avery's Addition to the City of Brookings, County of Brookings, State of South Dakota. A true copy of proposed Lease is attached hereto, marked Exhibit "A" and by reference is incorporated herein. Dated this 24th day of July, 2000. CITY OF BROOKINGS � �0 ��TY ppeqo Mayor � ��A� � �,�,A ST: N ,�! ��l/TM��'�� (�t�i , ����G� City Clerk NOTICE OF PUBLIC HEARING ON ADOPTION OF RESOLUTION OF INTENT TO LEASE REAL PROPERTY TO PRIVATE PERSON NOTICE IS HEREBY GIVEN that on August 14, 2000 at 5:30 o'clock P.M., the Brookings City Council will hold a Public Hearing at the Council Chambers on a Resolution of Intent of the City of Brookings to lease to Rhonda Lorenz the following described property: The West One Hundred Four Feet(W 104') of the East Two Hundred Four Feet (E 204') of Lot One (1) in Block One (1) of Avery's Addition to the City of Brookings, County of Brookings, State of South Dakota. At the time and place affixed for said Public Hearing, all who appear will be given an opportunity to express their views for or against the proposal to lease the above- described property to Rhonda Lorenz. Dated this 25th day of July, 2000. City Clerk • .� 12. SURRENDER At the expiration of said term, Lessee shall quit and surrender the premises hereby leased in as good a state and condition as reasonable use and wear thereof will permit, damage by the elements, fire and other casualty excepted. Any holding over by Lessee shall not operate, except by written agreement, to extend or renew this Lease, and no tenancy of any duration shall be created thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and by their execution each acknowledge receipt of one original copy and further acknowledge that this Agreement is binding, as the case may be, upon themselves, their heirs, next of kin and personal representatives. ATTEST: CITY OF BROOKINGS, SOUTH DAKOTA, Lessor City Clerk By: Its: WITNESS: Rhonda Lorenz, Lessee 3 ti' maintain the residence and lot, including maintenance of the lawn and removal of snow during the term of this Lease Agreement. 5. UTILITIES Lessee agrees to timely pay all of the utilities (including electricity, wastewater, water and garbage). Lessee shall also pay all telephone charges during the term of this Agreement. Lessor shall have no obligation to pay utilities under this Lease Agreement. 6. INSURANCE Lessor will not carry fire or casualty insurance upon the leased premises. Lessor shall maintain liability insurance in amounts consistent with its other insured premises. 7. FIRE OR CASUALTY In the event the leased premises are wholly or partially destroyed by fire or other casualty which renders the premises untenantable, this Lease will terminate and Lessor shall not be obligated to rebuild, repair or restore the leased premises. 8. USE OF THE PREMISES The premises described above are leased to the Lessee for the sole purpose of permitting Lessee to reside within the premises prior to her move to another residence. Lessee agrees to notify Lessor if she moves from the premises prior to the end of the Lease Term, and in that event, Lessor may take immediate possession of the premises and this Lease Agreement shall terminate. 9. SUBLEASE Lessee may not sublease any portion of the premises. 10. INJURY AND LOSS Lessor shall not be responsible or liable for any loss, theft or damage to property or injury to or death of Lessee or any person on or about the leased premises, and Lessee agrees to indemnify, defend and hold Lessor harmless therefrom. 11. QUIET ENJOYMENT Lessor covenants that it has lawful possession of the premises and has the full right and power to enter into this Lease for the full term and upon all of the conditions herein contained, and will deliver possession of the demised premises upon the commencement date of the Lease, and Lessee, upon performing the covenants agreed to be performed, shall and may peacefully and quietly have, hold and enjoy the demised premises for the said term for the use and purpose as expressed in this Lease Agreement. 2 1 ' " LEASE AGREEMENT THIS LEASE AGREEMENT (hereafter the "Agreement") is made and entered into effective the day of , 2000, by and between the City of Brookings, South Dakota, a South Dakota Municipal Corporation (hereinafter referred to as "Lessor"), and Rhonda Lorenz, of Brookings, South Dakota(hereinafter referred to as "Lessee"), WITNESSETH: FOR AND IN CONSIDERATION of the mutual covenants, promises and conditions set forth and contained herein, the parties to this Agreement covenant and agree as follows, to-wit: 1. EFFECTIVE DATE/PURPOSE OF LEASE This Lease Agreement shall be effective as of August 15, 2000. The purpose of this Lease Agreement is to permit Lessee to temporarily reside within the premises until she moves to another residence. 2. DESCRIPTION OF THE PROPERTY TO BE LEASED It is understood and agreed, subject to the terms and conditions set forth in this Agreement, that Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, according to the terms provided in this Agreement, Lessor's residence and land, formerly owned by Lessee, and located at 1416 Sixth Street, Brookings, South Dakota, which is described as follows: The West One Hundred Four Feet (W 104') of the East Two Hundred Four Feet (E 204') of Lot One (1) in Block One (1) of Avery's Addition to the City of Brookings, County of Brookings, State of South Dakota. 3. TERM OF LEASE The term of this Lease shall be nine (9) months, commencing August 15, 2000 and terminating May 15, 2001, at 5:00 o'clock P.M. 4. OBLIGATIONS OF LESSEE The Lessee and Lessor have agreed that in consideration of Lessee's agreement to sell the above-described premises to Lessor, that Lessee shall be permitted to reside within the premises for no further consideration or rent for the term of this Lease Agreement. However, Lessee agrees to make all necessary repairs to the premises required during the Lease Term to make the premises habitable. Lessee further agrees to