HomeMy WebLinkAboutResolution 01-EDA151
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RESOLUTION NO. 01-EDA-151
MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE LEASE AND SETTING THE RENT LEVEL FOR 3016
COUNTY ROAD H2
It is hereby resolved by the Board of Commissioners (the "Board") of the Mounds View
Economic Development Authority (the "Authority") as follows:
WHEREAS, the EDA has acquired real property located at 3016 County Road H2, and;
WHEREAS, the EDA desires to retain this property [or potential residential
development/redevelopment in the future. And;
WHEREAS, the EDA has directed staff to rent the property until development concepts arc
fm1her refined, and;
WHEREAS, a sample lease has been attached as Appendix A indicating a rent level of
5825.00 per month.
NOW THEREFORE BE IT RESOLVED, that the Mounds View Economic Development
Authority hereby approves the attached lease and sets the monthly rent for the property at S825.00 per
month.
Adopted by the Board of Commissioners of the Mounds View Economic Development
Authority this 11 th day of June 2001.
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Rich Sontenoe, President
ATTEST:
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Kathleen Miller, Executive Director
Motion: Thomas
Second: Quick
Sonterre: Aye
Stigney: Aye
Quick: Aye
. Marty: Aye
Thomas: Aye
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Appendix A: Sample Lease
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Mounds View Economic Development Authority
Lease
By this agreement made and entered into on June 11, 200t between CITY OF MOUNDS VIEW
ECONOMIC DEVELOPMENT AUTHORITY ("Lessor"), and Vanessa Brannon ("Tenant"),
Lessor leases to Tenant the premises situated at 3016 County Road H2 in the City of Mounds
View, Ramsey County, Minnesota, together with all appUl1enances, for a ternl commencing on
June 15, 2001, and ending on June 30, 2001, at 5:00 p.m. The lease shall be month to month
thereat1er.
1. Rent.
a.
Amount: Tenant agrees to pay, without demand, to Lessor as rent for the demised
premises the sum of four-hundred twelve and 50/100 Dollars ($412.50) for the
teml of the lease in advance on the day the leased is signed at such address as
shall be designated by Lessor. Tenant agrees to pay, without demand, to Lessor
as rent for the demised premises the sum of eight-hundred twenty-five and
Noll 00 Dollars ($825.00) thereafter. The amount of rent is subject to Lessor's
right to increase by giving 30 day written notice.
Payment: The rent payment for each month must be paid on the 1 sl of each
month. A twenty-five dollar ($25) late fee will be charged if rent is not paid by
the 10111 of the month. Lessor does not have to give notice to Tenant to pay the
rent. Tenant understands that Lessor will not accept a partial payment of rent.
Responsibility for Rent: Every tenant listed above is individually responsible for
paying the full amount of rent owed to Lessor.
Service Fee: A twenty-five dollar ($25) service fee will be charged for returned
checks.
b.
c.
d.
2. Securit.v Deposit. On execution of this lease, Tenant shall deposit with Lessor eight
hundred twenty-tive and Noll 00 Dollars ($825.00), as security for the faithful performance
by Tenant of the terms of this lease agreement, to be returncd to Tenant, with interest as
provided by law, on the full and faithful perfomlance by Tenant of the provisions of this
lease agreement. If Tenant fails to perform any term in this lease agreement, Lessor may
use the security deposit for payment of money that Lessor may spend, or damages that
Lessor suffers because of Tenant's failure. The Lessor may use the security deposit to pay
for any damage to the demised premises caused by the Tenant or the Tenant's guests, or to
return the demised premises to the condition existing when Tenant first moved in. The
security deposit may not be used do pay any rent that the Tenant owes to the Lessor at the
end of the lease agreement.
3. Quiet El!joyment. Lessor covenants that on paying the rent and perfornling the covenants
contained in this lease agreement, Tenant shall peacefully and quietly have, hold, and enjoy
the demises premises for the agreed ternl, except as otherwise provided herein.
4.
Use of Premises.
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a.
The demised premises shall be used and occupied by Tenant exclusively as a
private residence to live in and for no other purpose. The Tenant may not use the
demised premises for any unlawful activity. The Tenant may not use the demised
premises for the purpose of carrying on any business, profession or trade, without
written consent of the Lessor. In addition, Tenant promises that the demised
premises and the property on which the demised premises is located will not be
used by the Tenant or others acting under his or her control to manufacture, sell,
give away, balter, deliver, exchange, disttibute or possess with intent to
manufacture, sell, give away, barter, delivery exchange, or distribute a controlled
substance in violation of any local, state, or federal law. The Tenant shall not act in
a loud, boisterous, unruly or thoughtless manner or disturb the rights of adjacent
neighbors to peace and quiet. Tenant must comply with all Federal OCCUPallCY
Guidelines.
b. Tenant shall comply with all the laws, ordinances, rules and orders of appropriate
governmental authorities affecting the cleanliness, occupancy, and preservation of
the demised premises during the term of this lease.
5. Number of Occupants. Tenant agrees that the demised premises shall be occupied only by
Tenant or Tenants listed above without the prior, express, and written consent of Lessor.
6.
Condition 0/ Premises. Tenant stipulates that it has examined the demised premises,
including the grounds and all buildings and improvements, and that they are, at the time of
this lease, in good order, good repair, safe, clean, and in tenantable condition.
7. Assignment and Subletting.
a. Without the prior, express, and written consent of Lessor, Tenant shall not assign
this lease, or sublet or grant any concession or license to use the premises or allY
part of the premises.
b. A consent by Lessor to one assignment, subletting, concession or license shall not
be deemed to be a consent to any subsequent assignment, subletting, concession or
license.
c. An assignment, subletting, concession or license without the prior written consent
of lessor, or an assignment or subletting by operation of law, shall be void and shall,
at Lessor's option, tenninate this lease.
8. Alterations and ImprOl'ements.
a. Tenant shall make no alterations to the buildings on the demised premises or
construct any building or make other improvements on the demised premises
without the prior, express and written consent of Lessor.
b.
All alterations, changes, and improvements built, constructed, or placed on the
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demised premises by Tenant, with the exception of fixtures removable without
damage to the demised premises and movable personal property, shall, unless
otherwise provided by written agreement between Lessor and Tenant, be the
prope11y of Lessor and remain on the demised premises at the expiration or earlier
termination of this lease.
9.
Damage to Premises. If the demised premises, or any part of the demised premises, shall
be wholly or partially damaged by fire or other casualty, except by the willful act of Lessor,
Lessor's employees, or agent, such damage shall be promptly repaired by Tenant; except to
the extent that Lessor shall decide not to rebuild or repair the demised premises, in which
event all insurance proceeds payable with respect to such casualty shall belong to Lessor.
10.
Dangerous Materials. Tenant shall not keep or have on the demised premises any article
or thing of a dangerous, flammable or explosive character that might unreasonably increase
the danger of fire on the demised premises or that might be considered hazardous or extra
hazardous by any responsible insurance company.
11.
Utilities. Tenant shall be responsible for arrangmg and paying for all utility services
required on the premises.
12.
Real Estate Taxes and Special Assessments. Lessor shall pay all real estate taxes and
installments of special assessments assessed against the demised premises which are due
and payable during the time of the lease period.
13.
b!jury or Damage Occurring on the Demised Premises.
a. LIABll..,ITY. Lessor shall be free from liability and claims for damages by reason
of injuries occurring on or after the date of this agreemcnt to any person or persons
or property while on or about the demised premises. Tenant shall defend and
indcmnify Lessor from all liability, loss, costs and obligations, including reasonable
attorneys' fees, on account of or arising out of any such injuries. However, Tenant
shall have no liability or obligation to Lessor for such injUlies which are caused by
the negligence or intentional wrongful acts or omissions of Lessor.
b. LIABILITY INSURANCE. Tenant shall, at Tenant's own expense, procure and
maintain liability insurance against claims for bodily injury, death and property
damagc OCCUlTing on or about the demised premises in amounts reasonably
satisfactory to Lessor and naming Lessor as an additional insured.
14.
insurance. GeneraIZl'. The insurance which Tenant is required to procure and maintain
pursuant to this agreement shall be issued by an insurance company or companies licensed
to do business in the State of MilUlesota and acceptable to Lessor. The insurance shall be
maintained by Tenant at all times during the tenn of this lease agreement. The insurance
policies shall provide for not less than ten days written notice to Lessor before cancellation,
non-renewal, temlination or change in coverage, and Tenant shall deli veT to Lessor a
duplicate original or certificate of such insurance policy or policies.
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15.
Alaintenance and Repair.
a. Tenant will at Tenant's sole expense, keep and maintain the demised premises and
appurtenances in good and sanitary condition and repair during the term of this
lease and any renewal of this lease. In particular, Tenant shall keep the fixtures in
the demised premises or on or about the demised premises in good order and repair;
keep the fumace clean; and keep the walks free from dirt and debris.
b. Tenant agrees that no signs shall be placed or painting done on or about the
demised premises by Tenant or at Tenant's direction without the prior, express, and
written consent of Lessor.
16. Animals. Tenant shall not keep animals on or about the demised premises without the
prior, express and written consent of Lessor.
17. Right of Inspection. Lessor and Lessor's agents shall have the right at all reasonable times
during the ternl of this lease and any renewal of this lease to enter the demised premises for
the purpose of inspecting the premises and all buildings and improvements on the premises.
18.
Display of Signs. During the last 120 days of this lease, Lessor or Lessor's agent shall have
the privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the
demised premises and of showing the property to prospective purchasers or tenants.
19.
Subordination of Lease. This lease and Tenant's leasehold interest under this lease are and
shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter
placed on the demised premises by Lessor, all advances made under any such liens or
encumbrances, the interest payable on any such liens or encumbrances, and any and all
renewals or extensions of such liens or encumbrances.
20. Holdover by Tenant. Should Tenant remain in possession of the demised premises with the
consent of Lessor after the natural expiration of this lease, a new tenancy from month to
month shall be created between Lessor and Tenant which shall be subject to all the tenns
and conditions of this lease agreement but shall be tel1ninable on thirty days' written notice
served by either Lessor or Tenant on the other party.
21. Surrender of Premises. At the expiration of the lease term, Tenant shall quit and surrender
the demised premises in as good state and condition as they were at the commencement of
this lease, reasonable use and wear excepted.
22.
Default. If any default is made in the payment of rent, or any part of the rent, or any other
amounts required to be paid by Tenant hereunder, at the times specified in this lease, or if
any default is made in the performance of or compliance with any other tenn or condition
of this lease, the lease, at the option of Lessor, shall tenninate and be forfeited, and Lessor
may re-enter the premises and remove all persons fyom the premises. Tenant shall be given
notice of any breach or default. Temlination and forfeiture of the lease shall not result if,
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within 10 days of receipt of such notice, Tenant has conected the default or breach or, if
such breach or default is for a reason other than the payment of money, has taken action
reasonably likely to effect such conection within a reasonable time.
Abandonment.
a. If at any time during the tenn of this lease Tenant abandons the demised premises
or any part of the demised premises, Lessor may at Lessor's option, enter the
demised premises by any means without being liable for any prosecution for such
entering, and without becoming liable to Tenant for damages or for any payment of
any kind whatever, and may, at Lessor's discretion, as agent for Tenant, relet the
demised premises, or any pm1 of the demised premises, for the whole or any part of
the then unexpired term, and may receive and collect all rent payable by virtue of
such reletting, and, at Lessor's option, hold Tenant liable for any difference between
the rent that would have been payable under this lease during the balance of the
unexpired ternl, if this lease had continued in force, and the net rent for such period
realized by Lessor by means of such reletting.
b. If Lessor's right of re-entry is exercised following abandonment of the premises by
Tenant, then Lessor may consider any personal property belonging to Tenant and
left on the premises to also have been abandoned, in which case Lessor may
dispose of all such personal property in any maimer Lessor shall deem proper and is
hereby relieved of all liability for doing so.
Relocation Benefits. Tenant expressly agrees to waive any and all relocation benefits,
assistance and services, related to the Tenant's lease interest and activities on the demised
premises to which Tenant may be entitled by law, as a result of the lease transaction and
Tenant activities contemplated by this lease agreement. Tenant agrees to provide to Lessor
at the time of execution of this lease agreement an executed waiver of relocation benefits as
to these activities.
25. lvfiscellancous.
a. This lease agreement shall be governed by, enforced and construed in accordmlce
with the laws of the State of Minnesota. Any disputes, controversies, or claims
arising out of this lease agreement shall be heard in the state or federal courts of
Minnesota, and all parties to this Agreement waive any objection to the jurisdiction
of these courts, whether based on convenience or otherwise.
b. It is specitlcally declared and agreed that time is of the essence of this lease
agreement.
c.
The covenmlts mld conditions contained in this lease agreement shall apply to and
bind the heirs, legal representatives, and assigns of the parties, and all covenants are
to be construed as conditions of this lease.
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Tenant's covenant to pay rent shall be independent of any other covenant or
agreement contained in this agrcement.
e. Ln thc event that any action is filed in rclation to this lease agreement, the
unsuccessful party in the action shall pay to the successful party, in addition to all
the sums that either party may be called on to pay, a reasonable sum for the
successful party's attorney fees.
f. This lease agreement shall constitute the entire agreement betwecn the parties. Any
prior understanding or representation of any kind preceding the date of this lease
agreement shall not be binding upon either patty except to the extent incorporated
in this lease agreement.
g. Any modification of this lease agreement or additional obligation assumed by either
party in connection with this lease agreement shall be binding only if evidenced in
writing signed by each party or an authorized representative of each party.
In witness whereof, each party to this lease agreement has caused it to be executed at Mounds
View, Minnesota on the date indicated below.
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NOTICE:
THIS IS A LEGALLY BINDING CONTRACT BETWEEN LESSOR AND
TENANT. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN
APPROPRIATE PROFESSIONAL.
The undersigned, owner of the above demised property, does hereby approve the above
Agreement and the lease thereby made.
LESSOR: MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY
By RiC2c ~
Its: President
Dated: ,2001.
By:
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Kathleen Miller
Its: Executive Director
Dated: , 2001.
ST ATE OF MINNESOTA)
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COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this _ day of June, 2001, by
Rich Sonterre and Kathleen Miller, the President and Executive Director of the Mounds View
Economic Development Authority, a public body corporate and politic, under the laws of the State
of MilIDcsota on behalf ofthe public body corporate and politic.
Notary Public
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NOTICE:
THIS IS A LEGALLY BINDING CONTRACT BETWEEN LESSOR AND
TENANT. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN
APPROPRIATE PROFESSIONAL.
The undersigned hereby agrees to lease the demise premise for the price and upon the tem1S
above mentioned, and subject to all conditions herein expressed.
TENANT:
By:
By:
Dated:
,2001.
STATE OF MlNNESOT A )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day ofJune, 2001, by
Notary Public
This instrument was drafted by:
KENNEDY & GRA YEN, CHARTERED (SJR)
470 Pillsbury Center
200 South Sixth Street
Minneapolis, Minnesota 55402
612-337-9300
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