5.1. SR 05-17-1993
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fill River
ITEM 5. 1.
TO:
FROM:
MAYOR & CITY COUNCIL
WILLIAM RUBIN, ED COORDINATO~~
MAY 7, 1993
DATE:
SUBJECT: AUTHORIZE LEASE OF PROPERTY AT
20127 ELK LAKE ROAD
INTRODUCTION
In May, 1992, the City of Elk River acquired the residence at
20127 Elk Lake Road for purposes of expanding the Woodland
Trails Park. Until it is incorporated into the park system,
the property has been used as a single family rental unit. The
current tenant, Mr. Jeff Asfahl, has given notice of the
termination of his lease, effective May 31, 1992. Another
tenant has been identified and he desires to rent the residence
for a one year period, ending May 31, 1994.
BACKGROUND
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Enclosed is a draft of a standard rental agreement. The
proposed tenant is Mr. Rodney J. Johnson; an employee of the
Elk River Country Club. Below are the terms and conditions of
the proposed lease:
- Term of the lease is one year.
- Monthly rent is $425.
- Security deposit is $425.
- Tenant is responsible for the electrical bill, the cost of
propane, and the refuse/recycling service.
- The lease can be extended for an additional 30 days upon
property notice.
ACTION REQUESTED
The Elk River City Council is asked to approve the one year
lease of the property at 20127 Elk Lake Road with Mr. Rodney
Johnson.
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P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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HOUSE LEASE
This is a lease. It is 8 legal agreement between the Tenant and the LANDLORD to rent the House described
below. The word Landlord as used in this Lease means The City of Elk River, a Municipal Corporation
and the Landlord's address is 13065 Orono Parkway Elk River, MN 55330
The word TENANT as used in this Lease means Rodnev James Johnson
will live in the House).
IList all persons who
This Lease is a legal contract that can be enforced in court against the Landlord or the Tenant if either one of
them does not comply with this Lease.
1. Description of House. The address oIthe House is 20127 Elk Lake Road, Elk River, MN 55330
The House Is located on property legally described as: South 283.71 Feet of the West 626.12 Feet of
Southwest uarter of the Northeast Quarter except that part lying Easterly, Southerly,
and Southeasterly of a line described in CRV 5, containing 2. 1 acres.
2. Term of Lease. This Lease is for a term of One ( 1 ) Yea r
June 1 , 19~_, at 12 o'clock, ~.m. and ending on May 31
19 -2L, at o'clock --p-.m.
3. Rent.
a. Amount. The rent for the House is
the
beginning on
Four Hundred Twenty-Five
Dollars 1$ 425.00
per month paid in advance.
b. Payment. The rent payment for each month must be paid before the tenth
day of each month beginning on June 1 .19 --1L-at Landlord's address. Landlord does
not have to give notice to Tenant to pay the rent. Tenant understands that Landlord will not accept a
partial-payment of rent.
c. Responsibility for Rent. Every Tenant listed above is individualIy responsible for paying the
full amount of rent owed to Landlord.
4. Security Depolllt. The Tenant has given the Landlord S 425.00
as a security deposit. If Tenllnt fails to perform any term in this Lease, Landlord may use the security deposit for payment of
money that Landlord may spend or damages that Landlord surrers because of Tenant's failure. The Landlord may use the security
deposit to pay for any damage to the House caused by the Tenant or the Tenant's guests. The security deposit may also be used to
pay rent that the Tenant owes to the Landlord at the end of the Lease. f .t_JIt%l
The Landlord will pay the Tenant interest on the security deposit at the rate of flQJtW~~%1f per year, as required
by Minnesota Statutes Section 504.20. subd. 1. Landlord shalI. within three weeks after III the end of the Lease term. alld (2)
receipt of Tenant's mlliling lid dress or delivery instructions. return the deposit to the Tenant. together with the interest due on the
deposit. If the Landlord does 1I0t return the deposit within the three weeks. Landlord must give Tenant a written statement
showing the specific reason for withholding of part or all of the deposit. The Landlord may keep all or part of the security deposit III
for rent or other money owed to the Landlord, and (2) for damage to the House beyond ordinary wear and tear.
6. Quiet Enjoyment. If Tellant pays the rent and complies with all other terms of this Lease, Tenant, may use the House for the
term of this Lease.
6. Ulle of Houlle. The House must be used only as II private house to live in and for no other purpose. The Tenant may not use
the House for any unlawful activity. fn particular, Tenant promises that the House and the Property on which the House is
located will not be used by the Tenant or others acting under his or her control to manufacture, sell, give away, barter,
deliver, exchange, distribute or possess with intent to manufacture, selI, give away, barter, deliver, exchange, or distribute a
controlled aubstance in violation of any local. state, or federal law. The Tenant may not use the House for the purpose of carring on
any business, profession or trllde.
7. Malntennnce nnd nepair.
n. By Lnndlord. Landlord promises 01 that the House is fit for use as a residence; (21 to keep the House in reasonable repair
during the term of the Lease. except when the damage was caused by the intentional or negligent action of the Tenant or
Tenant's gueRI,s; and (31 to maintoin the HouRe in complinnce with the applicable health and safety laws except where the
violation is cnused by the Tenant or Tennnt's guests.
b. By Tenant. Tenant promises, at Tenant's expense. to make nil repairs nnd eliminnte any violation of health and safety
laws that result from the negligent, willful, malicious or Irresponsible conduct of the Tenant or the Tenant's family, Agent
or guest. Tenant sholl comply with all the sanitary lows affecting the cleanliness, occupancy and preservation of the
House, except where the Landlord is required by low 1.0 comply with the sanitary laws (see Minnesota Statutes. Section 604.181.
Tenant ,agrees to perform the following repairs and maintenance:
8. Alteration". Tenant must obtain Landlord's prior written consent to install any panelling, flooring, partitions or mnke
alterations or to point or wnllpaper the House. Tenant must not change the heating, electrical, plumbing, ventilation or air
conditioning without the prior written consent of the Lnndlord.
9. Damage to House. 1 f the House is destroyed or damnged not due to the fault of Tennnt or Tenant's guests, and the House is
unfit for use ns a residence, Tenant is not required to pny rent for the time the House cannot be used. 1 f part of the House cannot be
used, Tenant must only pny rent for the usable part. If the House is damaged or destroyed, Landlord may terminate this Lease
immediately nnd mny decide not to rebuild or repair the House. If the damage was not cnused by the Tenant or the Tenant's guest
and the Landlord cnncels the Lease, the rent sholl be pro rated up to the time of the damnge.
10. Utilities. Tenant sholl pay for a1lutilities nrovided to the House, ~ (uti 1 i ti e.. include: electricity.
proprane, and garbage col ection)
which sholl be provided at the Landlord'R expense. Tenant sholl not waste any utilities provided by Landlord.
ll. Ilight of Entry. Landlord and Landlord's agents mny enter the House at rensonable hours to repnir or inspect the House
and perform any work that Lnndlord decides is necessary. In nddition, the Lnndlord may show the House to possible or new
Tenants nt rensonable hours during the laRt 30 days of the lease terms.
12. Assignment and Subletling. Tenant may not assign this Lense, lease the House 1.0 nnyone else (sublet), sell this Lease or
permit any other person to use the House without the prior written consent of the Landlord. If Tenant does, Landlord may
terminate this Lease as described in Paragraph 16 of this Lease. Any assignment or sublense mnde without Landlord's written
consent will not be eHective. Tenant must get Landlord's permission each time Tenant wants to nssign or sublet. Lnndord's
permission is good only for that specific assignment or sublease.
13. Termination. 1 f Tennnt wonts to move out of the House when the leMe term ends, Tennnt must give Landlord prior written
notice at least thirty (301 days befot~ the !llase term ends. If the Tenant does not give the thirty (301 dnys notice. the Landlord may
continue this Lease for th1rty tjU) days
This renewnl provision shall be valid only if Landlord, has given to Tenant written notice, served personally or by registered mnil,
directing Tenant's nttention to this renewnl provision. Landlord must give this notice within fifteen (16) days prior to the time that
Tenant Is required to furnish notice of Tenant's intention to move out, but not more than thirty (30) days prior to that date.
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14. Surrender of Premlsell. Tennnt shall move out of the House when this Lease ends. When Tennnt moves out, Tenant sholl
leave the House In os good condition as it Was when the Lease started, with the exception of reasonable wear and tear.
15. Abandonment. If Tenant moves out of the House before the end of this Lease, Landlord may bring a legal action to recover
possession of the House. The Landlord may rent the House to someone else. Any rent received by Landlord for the re-renting shall
be used first to pay Landlord's expenses for re-rentlng the House and second to pay any amounts Tenant owes under this Lease.
Tenant shall be responsible for paying the difference between the amount of rent owed by Tenant under this Lease and the amount
of rent received by Landlord from the new tenant together with any court coste and attorney's focs. If Landlord recovers possession
of the House after Tenant moves out, then Landlord may consider Tenant's personal property In the House to also have been
abandoned. Landlord may then dispose of the personal property In any manner that the Landlord thinks Is proper. Landlord shall
not be liable to Tenant for disposing of the personal property.
16. Default. If Tenant does not pay the rent or other amounts when due or if Tenant violates any term of this Lease. Landlord
may terminate this Lease. If Tenant does not move out, Landlord may bring an eviction action. If Tenant violates a term of this
Lease and Landlord does not terminate this Lease or evict Tenant, Landlord may stili terminate this Lease and evict Tenant for
any other violation of this Lease. If contraband or 0 controlled substance manufactured, distributed, or acquired in violation of
Minnesota law is seized in the House or on the property on which the House Is located Incident to a lawful search or arrest, and if
Tenant has no defense under Minnesota Statutes ~ 609.5317, Tenant shall have no further right to possession of the House, and
Landlord may bring an eviction action against Tenant.
17. Heirs and Assigns. The terms of this Lease apply to the Tenant and Landlord. The terms of this Lease also apply to any
heirs, legal representatives and assigns of Tenant or Landlord.
LANDLORD:
TENANT
STATE OF MINNESOTA lIS.
COUNTY OF .f
The foregoing instrument was acknowledged before me this
day of . ,19_by
STATE OF MINNESOTA 1
COUNTY OF f 11.
The foregoing instrument was acknowledged before me this
day of ,19_by
the
4SIpature of PerltOll T.Il'hl' A~.nowled~enlJ
rrlUe or RAnk.
of
corporation, on behalf of the corporation.
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THIS INSTRUMENT WAS DRAFTED BY:
(Slp.ture of PerltOn Taldn, AcltnowledpmenU
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