HomeMy WebLinkAboutResolution 53-2000 r
' Resolution No. 53-00
RESOLUTION APPROVING LEASE OF
REAL PROPERTY TO PRIVATE PERSON
BE IT RESOLVED by the Governing Body of the City of Brookings, South
Dakota, that the City of Brookings approves the attached Lease with Rhonda Lorenz,
Lessee for a period of approximately nine (9)months, commencing upon completion of
the purchase of the following described property from Rhonda Lorenz 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 Block One (1) of
Avery's Addition to the City of Brookings, County of
Brookings, State of South Dakota.
Dated this 14th day of August, 2000.
CITY OF BROOKINGS
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Mayor
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rty Clerk
09/01/2000 08:25 6056979060 BRITZMAN PA�E 02
Steven J. $�itzman
Attorney at Law
3 29 Fift}►Avenae Telephone (605)697-9058
B�ookings,Soutk�1Jakota 57006 Facsimile(605}b97-9060
August 31, 20Q0
Rhonda Loxcnz
14�6 Sixth St.
Brooki�gs, SD 57006
Re: E�closed Tax Reccipts and re Leasc Agreement
Dear R�Zonda:
I am cnclosin$ foz your records certain receipts reflecting payments o�taxes I
z�adc following the closing.
It wou�d be ap�ropriate for you to now sign the Lease Agree;t�aent if you 1�ave not
done sa. Z wi�l see that dupiicate origx�a�s are delivered to the Parks & Recreatio�
Building sa yau can stop in and sigc� at youc eariiesfi convenience. Plcase call if I can be
of any assistazacc.
Thank you vcry much.
Sincere�y,
S'�'EVEN J. BRITZMAN
City Attorney,City of Brookings
SJB/
cc: Allyn Frerichs(origi�a��eeorded Wau�anty Deed a�so enclosed)
Shari l�unn,City Clezk(info)
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LEASE AGREEMENT
THIS LEASE AGREEMENT(hereafter the "Agreement") is made and entered
into effective the Z 3��day of August, 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. EFFECTNE 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. DESCRII'TION 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 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 approximately nine (9) months, commencing upon
completion of the purchase of the above described property from Rhonda Lorenz 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
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.
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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.
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�T'TES'I?;�:� CITY OF BROOKINGS, SOUTH DAKOTA,
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° Lessor
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WITNESS:
onda Lorenz, Lesse
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