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Home My WebLink AboutLease/DNR . � . �1�� (e.,��a.. c a�s, �� ,.7cx u�c��or�� ^;� � � f � � . <;�' � C��?�F"lv�..�� i� �.L�,_. �...� �F,{,.�1Mt�,',. I VA1� K.�11J��. � �b..�!r��,�<< �,-�� .�,� � �4e� bc� wi�"n � � �� OE/ARTMENT OF � � `'� �' �ease uumoe• �,�.�pOG�0��4W -�- •--;�;j ;��..__� 144-016-1086 j� NATURAL RESOURCES �� 1 .� . D � Freld Unit �,� Luce Line Trails & 1�� , ;� Waterways i� '�.1 I , 1�IISCELLA�EOL.�S LEASE �___J � , , �,e��1 K�_�_: �.r ., _ This lease, executed in quadruplicate by and between the S ate of Minne` r'u�nde�ttaeatrthority and subject to the provisions of M.S. 92.50 and other applicable statutes, acting by and through its Commissioner of Natural Resources, hereinafter cailed LESSOR and; the LESSEE as named betow. 'C�JEC George Terp and Laurie Terp - ' w.:CRESS��c, S Stre .. ^.9c>No.��tp. yta;e.Z�U Code� 165 Bederwood Drive, ong Lake MN 55356 L"cASE Fec � _,_, .c�?aYME�T SC^+ED,;LE •—x- S 100.00 due upon execution for the term of the lease. $1�n �0 T�qp,� 'cFFECTIVE�AT"c TERh1iNATIvN DATE Ten 110) years January 1, 2000 December 31, 2009 ?URP�SE^v�_E'rS'c CQUNTV Property (garage) located on Luce Line State Trail ROW-inadvertent trespass. Hennepin IT IS AGREED AS FOLLOWS: 1. PREMISES: The LESSOR in consideration of the terms, condition � of the LEASE FEE to be paid by the LESSEE, hereby leases to the LESSE � ral or other purposes the following described premises to wit: /� That part of Lot 37 of Auditor's Subdivision Number 203, accord � /� epin County Recorder's Office, described as follows: � Commencing at a point 1009.14 feet south of the northwest con ' North, Range 23 West; thence South 341.22 feet; thence South 69 deg (� �� o �� e North a distance of 375.21 feet to the point of beginning; thence North E � � "1/ �('^ thence North 10 degrees 43 minutes 42 seconds East 2.06 feet; thence South / �� <<h� � �� 1� thence South 06 degrees 42 minutes 07 seconds West 2.10 feet to the /\ ��".� and herein referred to as the "Premises". /~ `�.A `'" `� �' �. / lt�� (�f 2. TCRMS: Tne t�-rms ��OR, �cS��c, ��S�E ADC�FCC I FL�C,F � �n�-- `�'"'"' �"" �ATE, TERMINATION OATE, PURPOSE OF LEASE and STATUTORY AU �� \l}�e - �+��r. ire incorporated herein. �� 3. LEASE PERIOD: This lease shall be in effect for the TERM, beginning on the EFFECTIVE DATE and ending on the TERMINATION DATE, unless terminated earlier under provisions of this lease. 4. USE OF PREMISES: LESSEE shall use the Premises only for PURPOSE OF IEASE. 5. LEGAL OBLIGATIONS: This lease is not to be construed to relieve the LESSEE of any obligations imposed by law. 6. INCUMBRANCE: This lease is subject to all existing easements, right-of-ways, licenses, leases and other incumbrances upon the � Premises and LESSOR shall not be liable to LESSEE for any damages resulting from any action taken by a holder of an interest pursuant to the rights of that holder thereunder. 7. MAINTENANCE: The LESSEE shall maintain the Premises in good repair, keeping them safe and clean, removing all refuses and debriS that may aCCumulate. LESSEE shall comply with all laws affecting the Premises, including local ordinances and state regulations. No timber shall be cut, used, removed or destroyed by the LESSEE without first obtaining written permission from the �ESSOR. Misc t.Ise 8. TERMINATION: This lease may be terminated at any time by mutual agreement. A Iease entered pursuant to Minn. Stat. Section 92.50 may be canceiled for just cause at any time by LESSOR upon six months written notice. . LESSEE shall, on the TERMINATION DATE, or earlier as provided for in this lease, peacefully and quietly surrender the Premises to the LESSOR in as good condition and repair as on the EFFECTIVE DATE. If the L.ESSEE fails to surrender the Premises on the termination of this lease, the LESSOR may eject or remove the LESSEE from the Premises and the LESSEE shalt indemnify the LESSOR for all expenses incurred by the LESSOR. In addition, IESSEE shall remove all LESSEE'S property from the Premises upon termination and any property remaining shall be considered abandoned and shall be disposed of by the LESSOR according to law. If this lease is terminated prior to the TERMINATION DATE, the LESSEE shall not be relieved of any obligation incurred prior to termination. 9. HOLDOVER: LESSEE shall pay to the LESSOR a sum equal to the monthly rent plus fifty (501 percent of the monthly rent for each month that LESSEE holds the Premises after termination of this lease without authorization by LESSOR. This sum shall be liquidated damages for the wrongful holding over. LESSEE acquires no additional rights by holding the Premises after termination and shall be subject to legal action for removai. 10. LEASE PAYMENTS: The LESSEE shall pay to the Minnesota State Treasurer through the LESSOR the LEASE FEE, which is due and payable according to the FEE PAYMENT SCHEDULE. The LESSOR may assess penalties and i�terest as provided for by law or in this lease on any payments over thirty i30) days past due. 1 1. UTIUTIES: LESSEE shail pay for all utilities fumished on che Premises for the term of this lease, inciuding electric, gas, oil, water, sewer and telephone. 12. ALTERATIONS: The LESSEE shall make no changes, alterations nor improvements to the Premises or to any structure thereon without the prior written consent ot the LESSOR. Any changes, alterations or improvements in or to the Premises shali be at the LESSEE'S sole expense. 13. NO WAIVER: No delay on the part of the LESSOR in enforcing any conditions in this lease, including termination for vioiation of the terms of this lease, shali operate as a waiver of any of the rights of the LESSOR. 14. �IABILITY: This lease shall not be construed as imposing any liability on the LESSOR for injury or damage to the person or property of the LESSEE or to any other persons or property, arising out of a�y use of the Premises, or under any other easement, right-of-way, license, lease or other incumbrance now in effect. The LESSEE shail indemnify and hoid harmless the LESSOR from all claims arising out of the use of the Premises whether such claims are asserted by civil action or otherwise. 15. NOTICES: Any notice given under this lease shall be in writing and served upon the other party either personally or by depositing such notice in the United States mail with the proper first class postage and address. Service shall be effective upon the depositing of the notice in the United States mails. The proper mailing address for the purposes of serving notice on the LESSOR shall be to the Commissioner, Department of Natural Resources, 500 Lafayette Road, St. Paui, Minnesota 55155-4037, and on the LESSEE it shall be as stated in the LESSEE'S ADDRESS. 16. TRANSFERS: This lease shail extend to, and bind the successors, heirs, legal representative and assigns of the LESSOR and �ESSEE. In addition, the LESSEE shall not without the LESSOR'S prior written consent: a) assign, convey, mortgage, pledge, encumber or otherwise transfer this lease or any interest under it; bl allow any transfer or any lien upon the LESSEE'S interest by operation of law; c) sublet the Premises or any part thereof; d) permit the use or occupancy of the Premises or any part thereof by anyone other than the �.F.SSEE. 17. PUBLIC RECREATION USE: The LESSEE agrees and understands that the public land leased herein shall be open to pubiic recreational uses, as defined by M.S. 87.021, not inconsistent with the purposes of this lease. The LESSEE shall not unreasonably refuse permission to any person to enter upon the lands leased herein for reasonable public recreational uses without first obtaining the written permission of the LESSOR. If the LESSOR authorizes the prohibition of any public recreational uses, the prohibition shall apply to all persons including the LESSEE. 18. CONSTRUCTION OF LEASE: If any ciause or provision of this lease is or becomes illegal, invalid or unenforceable because of present or future laws or any rule or regulation of any governmental body, the intentions of the LESSOR and LESSEE here is that the remaining parts ot this lease shall not be affected thereby. Miscl.lse 19 ADDITIONAL TERMS A. The lease shall be of 10 year duration, renewable, and revert to the state upon abandonnient. B. The lease shall include the property identified on the r-nap as a portion of the bituminous driveway iapproximately 2 ft x 30 ft1 containing the northeast corner of the garage for the purpose of ingressiegress. C. Any personal property located within the lease area caused to be rebuilt or repaired must be relocated outside the lease area and the Luce �ine State Trail right-of-way. D. The lessee agrees to indemnify and hold harmless the lessor from all claims arising out of the use of the said lease. E. Lessor shall at all times have the right to enter upon said lease area for any purpose necessary for the performance of maintenance of lawful po�vers and duties. F. Lessee shall not use the lease area for any purpose of personal storage of disposal area, with the exception of normal storage inside the garage structure. TESTIMONY VVHEREOF, the parties have set their hands in quadruplicate. STATE OF MINNESOTA DEPARTPJIENT OF NATURAL RESOURCES ALLEN GARBER COMMISSIONER OF NATURAL RESOURCES Authorized �gnature for the Com �s oner Date � /7 0l. 21 S E. LA E , ASSISTANT DIRECTOR DI SION OF LA DS AND MINERALS i.essee(Ind�vidual's Name or Name of Entity) Date GEORGE TERP AND LAURIE TERP Authorized Signature ,/ Date f'�' '''� ' /.� .C , , ��, -�� / � Authori d Signat Date . �� G� � __� C�v �I1 -o r ; - AF`F'��VE!? A� Tn F�F,lVI AND EX�CUTlQN MIKE HATCH ATTORNEY GENERAL > Assistan t or G eral Signature Date . � �-/��l ��//�,%'�` ' Misc t.lse �_-- ----- -- �: e�•oo�� ,s �� r � r`. �c U`1�ZJ.12'��^ S pf. .. �� ,�"�. �`/( j B{.+ evec i:�/ D h � `/ �''/%//�[�U �� P �"•� //J�' "/�f• � ==j�;�,O:Ni G` BLCiNN:NC. .`� QF�`\, \�� .i ' [�15�1?ENT � . �k��•' �e•.,y 2�/,�, -- o oc n�,�, flt''y"'� '��,_ �„_ y , �G5 , .�, _,��, SEE UFTNL 8-1—�c�r.r yu, � r. /�� J 9��✓`Fj;• —� � / `t, �o.. :�/� ��l�Q' � � ;�,.�•, y. .6J• , �...,.. _' 'i(N1V 1:�' O.�Y tl ..,yl� _C;.1�3�y�jr. --IS:IUt11.HQVS �PNLMA�` `• 0 Jl'M � ��1. '.4 : 0'CC*iN t n.�.t � 'p" "` '_ � '`' i '�/ ,-�� .. _ i . .`- . . , � ^�' ' i '�1... �I +I� \t�`S i�� -_., v;' �4 - ' ��,'q�.,/ �' � � 6 . ' l? �!! � °9�. -� HC�CC1tGGF G:JJG � •-�tutr DET� IL A �.�� :��_�. \4'�. 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