1m Approve Lease Agreement School Site 0 c I TY c F
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1 Of
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
I MEMORANDUM
TO: Mayor and City Council
1 FROM: Don Ashworth, City Manager 1)U.A 1)U.) 1
1 DATE: May 18, 1993 .
SUBJ: Approve Lease Agreement, School Site
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Attached please find a lease agreement for hool property on Highway 5 and Galpin
I Boulevard. Paul Rogers from Cologne has f. li,this property for the past several years, and
would like to continue farming it until the site for construction. The lease amount is for
$2,280.00 and runs for seven months.
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Approval is recommended.
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1 t4i PRINTED ON RECYCLED PAPER
^ Form No. 1535 (Re% IQK6) Miller /Davis Co. Minneapolis
GENERAL LEASE
I Thls is a lease. This Lease is dated , 19 . It is a legal agreement between the Tenant and the Landlord
to rent the roperi v described below The world LANDLORD as used in this Lease means the City of Chanhassen,
a Minnesota municipal corporation,
II and the Landlord'q address is 690 Coul ter nri ve, Chanhassen, MN 55 '117
The v ord TENA'' T as used in this Lease means
Paul Rogers, 13540 County Road 32, Cologne, MN 55322
I This Lease is a legal contract that can be enforced in court against the Landlord or the Tenant if either one of them does not comply with
this Lease.
I 1. Description of Property. The Property is located south of State Trunk Highway No. 5 and southeast
of County State Aid Highway No. 117
in the County of Carver , State of Minnesota, on property described as follows:
I SEE ATTACHED EXHIBIT "A"
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2. Term of Lease. This Lease is fora term of seven months beginning on June 1 , 19 93 ,
and terminating December 31, 1993 (see attached Exhibit B) .
I 3. Rent.
a. Amount. The rent for the property is Two Thousand Two Hundred Eighty and 00 /100 - - -- Dollars
($ 2,280.00 ) 0fx payable as follows: $1,140.00 due and payable June 1, 1993;
$1,140.00 due and payable on October 10, 1993.
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I b. Payment. The rent payment for each month must be paid before on or before the date of each month
at Landlord's address. Landlord does not have to give notice to Tenant to pay the rent. listed above
I 4. Quiet Enjoyment. If Tenant pays the rent and complies with all other terms of this Lease, Tenant may use the Property for the term
of this Lease.
5. Right of Entry. Landlord and Landlord's agents may enter the property at reasonable hours to repair or inspect the Property and
I perform any work that landlord decides is necessary. In addition, the Landlord may show the Property to possible or new Tenants at
reasonable hours, . Except in the case of an emergency, Landlord shall give Tenant
reasonable notice before entering the Property.
I 6. Assignment and Subletting. Tenant may not assign this Lease, lease the Property to anyone else (sublet), sell this Lease or permit
any other person to use the Property without the prior written consent of the Landlord. If Tenant does any of these things, Landlord may
terminate this Lease. Any assignment or sublease made without Landlord's written consent will not be effective. Tenant must get
Landlord's permission each time Tenant wants to assign or sublet. Landlord's permission is good only for that specific assignment or
1 sublease.
7. Surrender of Premises. Tenant shall give Landlord possession of the Property when this Lease ends. When Tenant moves out,
Tenant shall leave the Property in as good a condition as it was when the Lease started, with the exception of reasonable wear and tear.
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8. Default. If Tenant does not pay the rent or other amounts when due or if Tenant violates any agreement in this Lease, Landlord i
may take possession of the Property. If Tenant does not move out, Landlord may bring an eviction action. The Landlord may rent the
Property to someone else. Any rent received by Landlord for the re- renting shall be used first to pay Landlord's expenses for re- renting the
Property 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, if any, received by Landlord from the new tenant plus the
expenses paid by the Landlord, including court costs and attorneys fees.
If Tenant violates a term of this Lease and Landlord does not terminate this Lease or evict Tenant, Landlord may still terminate this
Lease and evict Tenant for any other violation of this Lease.
9. Abandoned Personal Property. When Landlord recovers possession of the Property, then Landlord may consider Tenant's
personal propert} on or in the Property 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.
10. Heirs and Assigns. The terms of this Lease apply to the Tenant and Landlord. The terms of this Lease also apply to any heirs or
legal representatives of Tenant or Landlord and any person to whom this Lease is assigned.
11. Tenant Subordination. The Tenant's interest in the property is subordinate to the II
interest of Landlord.
LAN>?t O'RD: CT" '4 CHAN STN TENANT:
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BY. BY:
ng, flay ro s City Manager Paul Rogers
STATE OF MINNESOTA •
ss.
COUNTY OF Carver
The foregoing instrument was acknowledged before me this day of Ma y , 19 93 1
by Donald J. Chmiel and Don Ashworth
the Mayor an City Manager 1
of the Cit. y of Chanhassen
1 „ KAREN J. ENARDT
+ � .� � _ _ NOTARY _ RY PUBLIC—MINNESOTA OTA ! vELH • of Person " flaking Acknowledgement)
4 ., , . CARVER COUNTY 1
a , My Commission bores OCT. 16 1997 1 Notary Public
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__���`. + (Title or Rank)
THIS INSTRUMENT WAS DRAFTED BY: I
CAMPBELL, KNUTSON, SCOTT & FUCHS,P.A.
(Name)
1380 Corporate Center Curve #317 1
(Address)
Eagan, MN 55121 -1200
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JRW
STATE OF MINNESOTA ) 1
ss.
COUNTY OF ) I
The foregoing instrument was acknowledged before me this day of ,
1993 by PAUL ROGERS.
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Notary
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EXHIBIT "A""
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GENERAL LEASE
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LEGAL DESCRIPTION:
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That part of the North Half of the Northwest Quarter of Section
15, Township 116 North, Range 23 West of the 5th Principal
' Meridian, lying southeasterly of the centerline of County State
Aid Highway No. 117 as traveled and southerly of the centerline
of State Trunk Highway No. 5 as described in Book L of Misc. page
472, and westerly of the west fork of Bluff Creek, the centerline
of said creek described as follows:
' Commencing as the southwest corner of the above described
property (being the intersection of the centerline of Co. Rd. No.
117 and the south line of North half of Northwest Quarter of said
Section 15), thence on an assumed bearing of North 89 degrees 30
1 minutes 44 seconds East, along the south line of said North Half,
a distance of 1809.45 feet to the point of beginning of the
centerline to be described; thence North 10 degrees 59 minutes 16
' seconds West,'a distance of 595.00 feet; thence North 43 degrees
30 minutes 44 seconds East, a distance of 438.00 feet; thence
North 43 degrees 59 minutes 19 seconds West, a distance of 413.97
feet to the centerline of State Trunk Highway No. 5 and there
' terminating.
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EXHIBIT B
to
GENERAL LEASE
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The landlord reserves the right to conduct soil tests on the leased premises. The tenant
will not be entitled to any form of compensation for crop damage. The landlord will use its best 1
efforts to minimize crops lost during soil testing. 1
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