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HomeMy WebLinkAboutResolution 028-2010 Resolution No. 28-i 0 Resolution of Intent to Lease Real Property to Private Entity 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 Carrie Caraway, for a period of one year and pertaining to the following described property: Sublot "A" of Outlot One (I) of the Southwest Quarter of the Northwest Quarter (SWI/4NWI/4) of Section Twenty-seven (27), Township One Hundred Ten (110), Range Fifty (50) West of the 5th P.M., County of Brookings, State of South Dakota, otherwise known as 304 West 1 6th Avenue South. Be It Further Noted, that a Public Hearing on this Resolution was held on this 23rd day of February, 2010 at 6:00 o'clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. Passed and approved this 23rd day of February, 2010. CITY OF BROOKINGS, SD . p:i.. .,e.t Tim Reed, Mayor '' ':1****"'""'"*.' _"(7L cc: 772 64-7/A . i Thornes, City Clerk LEASE AGREEMENT THIS LEASE AGREEMENT(hereafter the"Agreement") is made and entered into this 23rd day of February, 2010,by and between the City of Brookings, South Dakota, Inc., a South Dakota Municipal Corporation, (hereinafter referred to as"Lessor"), and Carrie Caraway, (hereinafter referred to as "Tenants"), for the rental of a dwelling located at 304 West 16th Avenue South, Brookings, South Dakota 57006. WITNESSETH: FOR AND IN CONSIDERATION of the mutual covenants,promises and conditions set forth and contained herein,the parties to this Lease Agreement covenant and agree as follows: 1. Effective Date. This Lease Agreement shall be effective upon execution by both parties hereto. 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 Tenants, and Tenants hereby agree to lease from Lessor, for the amounts and according to the terms provided in this Agreement, the property located at 304 West 16th Avenue South, Brookings, South Dakota 57006,but excluding the pasture area shown on Exhibit"A". 3. Pasture Area. The pasture area shown on the attached map is excluded from the leased premises, and the Lessor reserves the right to lease the pasture area to another tenant at any time. 4. Term of Lease/Occupancy. Lessor and Tenants agree to lease this dwelling for a one (1) year term beginning February 24, 2010 and ending February 28, 2011. This Lease will automatically renew monthly unless terminated by Lessor or Tenants. If either Tenants or Lessor desires to terminate this Lease following the initial term, then either party shall give the other party thirty(30) days notice of termination. 5. Lease Payments/Late Rental Payment and Returned Checks. Tenants agree to pay Lessor on or before the first(1st) day of each month, a monthly rental payment of Eight Hundred and no/100 ($800.00) Dollars, payable at City Hall, P.O. Box 270, Brookings, South Dakota 57006. Rent that is paid after the 15th of the month is subject to a late charge of Fifty Dollars ($50.00)which shall be paid with the rent payment which is late. Lessor shall not be obligated to accept late payments and may pursue eviction proceedings in the event rent is not paid when due. If any of Tenants' checks are returned for insufficient funds, Tenants shall pay Lessor a bad check charge of Thirty Dollars ($30.00) payable immediately upon notification of the bad check. 6. Security Deposit.At the time of execution of this Lease, the Tenants shall deposit with Lessor the sum of Eight Hundred and no/100 ($800.00) Dollars as security for Tenants' performance of all of their obligations hereunder. Lessor shall hold the security deposit in an interest bearing account and return said security deposit plus accrued interest to Tenants within fourteen (14) days of the expiration of this Lease if Tenants have performed all of their obligations. If Tenants default in the performance of any of their obligations hereunder, including but not limited to the payment of rent or utilities, the Lessor may use, apply or retain all or any part of such security deposit for the payment of any unpaid rent or utilities, or for any other amount which the Lessor may be required to spend by reason of the Tenants' default, including any damages or costs in the rel- 'rig of the leased property. 7. Maintenance and Repair. Lessor shall maintain the exterior of the residence, including the roof. Tenants shall maintain the driveway, sidewalk and lawn, to include snow removal and mowing as needed. The Tenants will maintain the condition of the interior of the residence, except for ordinary wear and tear; and will promptly replace and repair all breakage or damages caused by Tenants with material of the same quality. Prior to completing any repairs, Tenants shall obtain permission from Lessor. Tenants will not make any structural alternations or additions to the residence without the written consent of Lessor. At the expiration of the Lease,Tenants are required to leave the residence in a neat and clean manner. 8. Utilities/Appliances/Miscellaneous/Propane Deposit. During Tenants' occupancy, Tenants agree to timely pay all of the utilities and propane usage. Lessor shall have no obligation to pay utilities under this Lease Agreement. Lessor warrants the operation of the dishwasher,range, microwave and water softener for three(3)months from the date of occupancy. Tenants agree to purchase and pay all expenses associated with the propane tank, water softener salt, furnace filters and light bulbs. Tenant hereby agrees not to let the propane tank get below 25% full, and to replace the propane upon vacating the property in an amount commensurate with the amount in the tank at the time of taking occupancy. Lessor is providing propane at the beginning of this Lease, and the use and cost of such propane is Tenants' responsibility. In order to secure Tenant's payment to Lessor for the use of the propane in the tank at the beginning of the Lease, Tenant shall pay an additional propane fuel deposit to Lessor in the amount of Four Hundred and no/100 ($400.00) at the time of signing of this Lease. This propane deposit will be returned to Tenant if Tenant replaces the propane at the end of the Lease to the level of the propane fuel at the beginning of this Lease. If the amount of propane is not returned to the level at the time of signing of the Lease, the Lessor may use the propane fuel security deposit to purchase fuel necessary to return the propane fuel amount to the level in the tank at the beginning of this Lease. Tenants must provide their own refrigerator, washer and dryer. Tenants shall retain the refrigerator, washer and dryer at the termination of this lease. 9. Insurance. The Lessor shall maintain fire and casualty insurance for the residence. The Tenants shall insure their own personal property to the extent they desire. 10. Fire or Casualty. In the event the leased premises are wholly or partially destroyed by fire or other casualty covered by the usual form of fire and extended casualty insurance which renders the premises untenantable, this Lease shall terminate. In the event of 2 lease termination due to destruction of the residence, rent shall abate and the unearned portion shall be refunded. 11. Use of Premises. The property described above is leased to the Tenants for the sole purpose of residential living. Tenants agree to comply with all applicable laws, ordinances and regulations in connection with their use of the leased premises. 12. Pets. Tenants agree not to have or keep any dogs, cats or other pets on the premises unless previously approved in writing by Lessor. 13. Sublease.The premises may not be subleased without written consent of the Lessor; and shall not be used for any purpose other than a dwelling for the Tenants named herein. 14. Lessor's Access. Lessor and its agents shall have the right to enter the rented premises at reasonable times upon twenty-four(24)hours notice to inspect the premises; to insure maintenance, and to repair any damage to the premises. 15. Injury and Loss. Lessor shall not be responsible or liable for any loss, theft or damage to property or injury to or death of Tenants or any person on or about the leased premises, and Tenants agree to indemnify, defend and hold Lessor harmless therefrom. 16. Surrender. At the expiration of the initial term of this Lease, or any renewal thereof, Tenants shall quit and surrender the premises hereby leased in as good a state and condition as reasonable use and wear thereof will permit. Any holding over by Tenants shall not operate, except by written agreement, to extend or renew this Lease, and no tenancy of any duration shall be created thereby. 17. Waiver. The consent of the Lessor in any instance to any variation of the terms of this Lease, or the receipt of rent with knowledge of any breach, shall not be deemed to be a waiver as to any breach of any covenant or condition herein contained, nor shall any waiver be claimed as to any provision of this Lease unless the same be in writing, signed by the Lessor or Lessor's Agent. 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 upon themselves, their heirs, next of kin and personal representatives. Dated: February 23, 2010 CITY OF BROOKINGS, SOUTH DAKOTA, Lessor -cos 00 ‘''s B . o� 6ATP; Its: ter(/ it,heil✓r'N-‘&72 City Clerk 3 Dated: February 23, 2010 , TENANTS � j (44 Tenant's SignatVe Tenant's Signature 4 n t. , a ■MN . 4/11 72 0 0 , C 73 0 b ,' a = (1) 0 IIIII 0 Cu C CU/ ' 4 I MN 4-..."*it ...... s .. _r_firt-,1",,.... 10 t I N . -, s' . ,