LEASE
AGREEMENT
This lease agreement, made and
entered into this day of , 2008, by and between the City
of Lawrence, Kansas, a municipal corporation (hereinafter referred to as “The
City”), and Gary D. Unfred and Jan Unfred, (hereinafter referred to as
“Lessee”).
WHEREAS, the City owns
real estate commonly located at
Lot
2 of Jamison Addition, an addition to the City of Lawrence, in that part of the
City known as North Lawrence, in Lawrence, Douglas County, Kansas; and
WHEREAS, the real
estate described above is located adjacent to real estate owned and occupied by
Lessee at 228 N. 8th Street, Lawrence, Kansas; and
WHEREAS, the City desires to lease to Lessee and the Lessee desires to
lease from the City, upon the terms, conditions and covenants and for the
consideration hereinafter provided, the real estate described above; and
NOW, THEREFORE, it is
understood and agreed by the parties hereto that:
1. LEASED
PREMISES. In consideration of the
rents, covenants, and agreements herein contained, the City does hereby lease
to the Lessee and Lessee does hereby lease from the City the real estate
legally described above and commonly known as
2. RENT. In consideration of the leasing of said real
estate, Lessee hereby agrees to pay the City the amount of One Hundred and
No/100 Dollars ($100.00) per year, due not later than January 10th
of each year.
3. TERM. This lease agreement shall commence on the
date this agreement is executed and shall terminate on December 31, 2013.
4. OPTION
TO RENEW. The City and Lessee
covenant and agree that Lessee may negotiate with the City to extend this Lease
upon terms and conditions agreed upon by the parties. Should Lessee desire to negotiate for an
extension or renewal of the lease provisions beyond its stated period, it shall
be the responsibility of the Lessee to initiate contact with the City on or
before October 15th, 2013 to ascertain the City’s willingness to
negotiate an extension or renewal of the lease.
5. TERMINATION AND REMOVAL OF LESSEE’S PROPERTY. Upon the expiration or the sooner termination
of this Lease, Lessee shall quit and surrender the leased premises in as good a
condition as it was in prior to commencement of this Lease Agreement. Upon the expiration or sooner termination of
this Lease, all improvements to the leased premises shall, at the City’s option,
be removed by Lessee.
6. USE OF LEASED PREMISES. Lessee shall have the right to:
a.
The
right of ingress and egress from the leased premises;
b.
The
right to use the leased premises for family leisure and recreational
activities, except that overnight camping on the property is not permitted;
c.
The
right to plant a vegetable garden on the leased premises;
d. Said property is not to be used for any
purposes other than those authorized by this lease agreement, without the prior
written consent of Lessor.
7. FLOOD
PLAIN. Lessee understands that the
leased premises is located within the flood plain. Lessee shall take no action which will impede
the flow of storm water across the leased premises.
8. MAINTENANCE
OF LEASED PREMISES AND IMPROVEMENTS THERETO. It further understood and agreed that the
Lessee shall be solely responsible for the care, maintenance and upkeep of the
lease premises, including all improvements thereto, appurtenances thereon, and
the grounds of the leased premises.
Lessee shall keep the leased premises, and all improvements thereto, in
a good state of repair and shall dispose of all debris and other waste matter
which shall accumulate thereon.
9. SIGNS
OR ADVERTISING MATERIALS. Lessee
agrees that no signs or advertising materials shall be placed or erected upon
the leased premises without prior consent of Lessor.
10. MECHANIC’S LIENS.
Lessee shall not permit any liens to stand against the Premises for any
labor or materials furnished to Lessees.
11. UTILITIES. Lessee understands and agrees that Lessor
shall provide no utilities to the leased premises.
12. RESERVED
RIGHTS OF LESSOR.
a. Lessor
reserves the right to prevent Lessee from erecting, or permitting to be
erected, any building or other structure on the property.
b. Lessor
reserves the right to enter upon the leased premises, with reasonable notice to
Lessee, at any reasonable time for the purpose of making any inspection it may
deem expedient to the proper enforcement of any of the covenants or conditions
of this lease agreement.
13. INDEMNITY. Lessee agrees to hold Lessor, its agents,
officials and employees free and harmless, and indemnify Lessor from loss from
each and every suit, liability, expense, damage or claim, or demand of whatever
nature, made on behalf of or by any person or persons, for any wrongful act or
omission on the part of Lessee.
14. DEFAULT
BY LESSEE. If Lessee violates any of
the terms of this lease, or shall fail to keep any of its covenants after
written notice of such violation and reasonable time thereafter to correct the
same, Lessor may, on thirty (30) days written notice, terminate this lease. Thereafter, Lessee shall have ten (10) days
to vacate the premises and twenty (20) days to restore the property to the
condition it was in prior to the commencement of this Lease Agreement.
15. TERMINATION. Either party may terminate this lease by
providing 30 days written notice to the other party.
16. ASSIGNMENT. Lessee shall not, at any time during the term
of this lease or any renewal or extension thereof, in any manner either directly
or indirectly, assign, sublease or transfer any interest in this lease without
the prior written consent of Lessor.
17. BINDING
AGREEMENT. This agreement shall
extend and be binding upon the successors and assigns of the parties hereto.
18. ENTIRE
AGREEMENT. This lease agreement
contains the entire agreement between the parties and no modifications of this
lease shall be binding upon the parties unless otherwise evidenced by an
agreement in writing signed by the Lessor and Lessee after the date hereof.
IN WITNESS WHEREOF,
the parties hereto have duly executed this Lease the day and year first above
written.
By
David
L. Corliss, City Manager
ON BEHALF OF THE LESSEE:
Gary
D. Unfred
Jan
Unfred