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HomeMy WebLinkAbout2019-10-21-J01E Dwelling Unit Rental Agreement_925 Laurel St AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 21, 2019 AGENDA ITEM: Consideration of approval of a resolution approving Dwelling Unit Rental Agreement [925 Laurel Street] FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: The City of Waukee owns property addressed as 925 Laurel Street. City staff proposed approval of a rental agreement with Joshua Eastcott and Nikki Kleiman for the dwelling unit on that property. Occupancy date will be 11/1/19. The term of the lease is for one year. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Rent of $1,100.00/month COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: City staff recommends approval of the rental agreement. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Dwelling Unit Rental Agreement (Residential Lease) PREPARED BY: Brad Deets REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1E THE CITY OF WAUKEE, IOWA RESOLUTION 19 APPROVING DWELLING UNIT RENTAL AGREEMENT [925 LAUREL STREET] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City of Waukee owns a dwelling unit and property addressed as 925 Laurel Street, Waukee, IA; AND, WHEREAS, the City proposes to enter into a Dwelling Unit Rental Agreement with Joshua Eastcott and Nikki Kleiman for 925 Laurel Street, beginning November 1, 2019. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 21st day of October 2019, that it hereby approves the Dwelling Unit Rental Agreement [925 Laurel Street. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon ©The Iowa State Bar Association 2019 IowaDocs® Form No. 151, Dwelling Unit Rental Agreement Revised January 2016 DWELLING UNIT RENTAL AGREEMENT (Residential Lease) IT IS AGREED, by and between City of Waukee, Iowa, Landlord, and Joshua D. Eastcott and Nikki M. Kleiman, jointly and severally, (collectively referred to as “Tenant”: That Landlord hereby lets to Tenant, and Tenant hereby leases from Landlord, the following described premises situated in Dallas County, Iowa, to-wit: 925 Laure Street, Waukee, Iowa hereinafter referred to as the "dwelling unit," in consideration of the mutual promises of the parties herein, and upon the following terms, provisions and conditions: 1. TERM. The duration of this Rental Agreement shall be from November 1, 2019, to and including October 31, 2020. 2. RENT. Tenant agrees to pay to Landlord, as rental for said term, as follows: $1,100.00 per month, in advance, the first rent payment becoming due upon November 1, 2019, and the same amount per month, in advance, on the 1st day of each month thereafter during the term of this Rental Agreement, with interest on all delinquent rental at 9% per annum. All sums shall be paid to the Landlord at 230 W. Hickman Road, Waukee, IA 50263, or at such other place as Landlord may, from time to time, direct. Tenant shall pay a late fee of $10.00 per day, not to exceed $100.00 per month. 3. DEPOSIT SECURITY. At the time of execution of this Rental Agreement, Tenant shall pay to Landlord in trust the sum of $500.00, (not to exceed two months' rent) to be held and disbursed as a rental deposit pursuant to the provisions of the Iowa Uniform Residential Landlord and Tenant Act. 4. USE-ABSENCES. Unless otherwise agreed in writing, Tenant shall occupy and use the above-described property as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the premises not later than the first day of the extended absence. 5. UTILITIES. Utilities shall be furnished and paid for by the party indicated on the following: Electricity Tenant Gas Tenant Water Tenant Garbage Tenant Trash Removal Tenant Other Tenant 6. UTILITY RATES. Tenant hereby acknowledges that Landlord, or the person authorized to enter into this Rental Agreement on Landlord's behalf, has heretofore fully explained to Tenant the utility rates, charges and services for which Tenant will be required to pay, other than those to be paid by Tenant directly to the utility company furnishing service. 7. MANAGER. Brad Deets, City of Waukee, whose address is 230 W. Hickman Road, Waukee, IA 50263, is the person designated by Landlord to manage the premises (and to receive ©The Iowa State Bar Association 2019 IowaDocs® Form No. 151, Dwelling Unit Rental Agreement Revised January 2016 and receipt for all notices and demands upon the owner of the premises). 8. MAINTENANCE BY LANDLORD. Landlord shall: (a) Comply with the requirements of applicable building and housing codes materially affecting health and safety. (b) Make all repairs and do whatever is necessary to put and keep the dwelling unit in a fit and habitable condition. (c) Maintain in good working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances supplied or required to be supplied by Landlord. However, Tenant shall be required to report to Landlord any problems or deficiencies they become aware to the foregoing within a reasonable time. 9. MAINTENANCE BY TENANT. Tenant shall: (a) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety. (b) Keep that part of the premises that Tenant occupies and uses as clean and safe as the condition of the premises permit. (c) Keep all areas outside of the premises clean, mowed, snow and ice removed promptly on all walkways, driveways and sidewalks and otherwise keep the property in a safe and clean condition. (d) Dispose from the dwelling unit all ashes, rubbish, garbage and othe r waste in a clean and safe manner. (e) Keep all plumbing fixtures in the dwelling unit or used by Tenant as clean as their condition permits. (f) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including replacing furnace filters and reporting items in need of repair or service to Landlord. (g) Not deliberately or negligently destroy, deface, damage, impair or remove a part of the premises, or knowingly permit a person to do so. (h) Conduct himself or herself in a manner that will not disturb a neighbor's peaceful enjoyment of the premises. In addition, if the dwelling unit is other than a single family residence, Tenant shall perform those repairs, maintenance tasks, alterations or remodeling as shall be specified in a separate writing signed by the parties and supported by adequate consideration; and Landlord shall not treat performance of such separate agreement as a condition to an obligation or a performance of this Rental Agreement. 10. RULES. All existing rules concerning the Tenant's use and occupancy of the premises have been furnished to the Tenant in writing. Additionally, Landlord may, from time to time, and in the manner provided by law, adopt further or amended written rules concerning the Tenant's use and occupancy of the premises. 11. ACCESS. Landlord shall have the right, subject to Tenant's consent, which consent shall not be unreasonably withheld, to enter the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors; provided, however, that Landlord may enter the dwelling without Tenant's consent, in case of emergency and as otherwise provided in the Iowa Uniform Residential Landlord and Tenant Act. ©The Iowa State Bar Association 2019 IowaDocs® Form No. 151, Dwelling Unit Rental Agreement Revised January 2016 12. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Rental Agreement, nor sublet the dwelling unit, or any portion thereof, without the written consent of Landlord. 13. FIXTURES AND IMPROVEMENTS. Tenant shall leave upon, and surrender to Landlord, with the premises at the termination of this Rental Agreement, all appliances, mechanical systems, locks, brackets for curtains, and all other fixtures attached to doors, windows or woodwork, and all alterations, additions or improvements made by Tenant, without any payment therefor. Tenant shall make no structural alterations without Landlord's written consent. 14. FIRE OR CASUALTY DAMAGE. If the dwelling unit or premises are damaged or destroyed by fire or other casualty to the extent that enjoyment of the dwelling unit is substantially impaired, Tenant may (i) immediately vacate the premises and notify Landlord within fourteen (14) days of Tenant's intention to terminate this Rental Agreement, in which case this Rental Agreement shall terminate as of the date of vacating, or (ii) if continued occupancy is lawful, vacate only that part of the dwelling until rendered unusable by the fire or casualty, in which case, Tenant's liability for rent shall be reduced in proportion to the diminution in the fair rental value of the dwelling unit. If this Rental Agreement is terminated under the provisions of this paragraph, Landlord shall return to Tenant all prepaid rent and security recoverable under the Iowa Uniform Residential Landlord and Tenant Act. Accounting for rent in the event of termination or apportionment shall occur as of the date of the casualty. 15. NONPAYMENT OF RENT. In addition to Landlord's other remedies provided by law, and without prejudice thereto, if rent is unpaid when due, and Tenant fails to pay the rent within three (3) days after notice by Landlord of nonpayment and the Landlord's intention to terminate this Rental Agreement if the rent is not paid within that period of time, then Landlord may terminate this Rental Agreement. 16. PRESENT AND CONTINUING HABITABILITY. Tenant has inspected the property and fixtures, and acknowledges that they are in a reasonable and acceptable condition of habitability for their intended use, and that the rent agreed upon is fair and reasonable in this community for premises in their condition. In the event that the condition changes so that, in Tenant's opinion, the habitability and rental value of the premises are affected, then Tenant shall promptly give reasonable notice to Landlord. 17. NOTICES. Any notice, for which provision is made in this Rental Agreement, shall be in writing, and may be given by either party to the other, in addition to any other manner provided by law, in any of the following ways pursuant to the Iowa Uniform Residential Landlord and Tenant Act: Landlord shall serve notice on Tenant by one or more of the following methods, except as provided in Iowa Code Section 562A.29A: 1. Hand delivery to Tenant. 2. Delivery evidenced by an acknowledgment of delivery that is signed and dated by a resident of the dwelling unit who is at least eighteen years of age. 3. Personal service pursuant to Rule of Civil Procedure 1.305, Iowa Court Rules, for the personal service of original notice. 4. Mailing by both regular mail and certified mail to the address of the dwelling unit or to an address provided by Tenant for mailing. 5. Posting on the primary entrance door of the dwelling unit. 6. A method of providing notice that results in the notice actually being received by Tenant. Tenant shall serve notice on Landlord by one or more of the following methods: ©The Iowa State Bar Association 2019 IowaDocs® Form No. 151, Dwelling Unit Rental Agreement Revised January 2016 1. Hand delivery to Landlord or Landlord’s agent. 2. Delivery evidenced by an acknowledgment of delivery that is signed and dated by Landlord or Landlord’s agent. 3. Personal service pursuant to Rule of Civil Procedure 1.305, Iowa Court Rules, for the personal service of original notice. 4. Delivery to an employee or agent of Landlord at Landlord’s business office. 5. Mailing by both regular mail and certified mail to the address of Landlord’s business office or to an address designated by Landlord for mailing. 6. A method providing notice that results in the notice actually being received by Landlord. For purposes hereof, the place for the payment of rental as provided in Paragraph 2 above, shall be the place designated by Landlord for the receipt of any such notice; and, unless otherwise provided herein, Landlord shall receive and receipt for all notices and demands upon the owner of the premises. Notice served by mail is deemed completed four days after the notice is deposited in the mail and postmarked for delivery, whether or not the recipient signs a receipt for the notice. (Note: a three day Notice to Quit is governed by 562A.27). 18. CONSTRUCTION. Words and phrases herein shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. 19. ENTIRE AGREEMENT. This writing, including any addendum attached hereto, constitutes the entire agreement between the parties hereto with respect to the subject matters hereof; and no statement, representation or promise with reference to this Rental Agreement, or the premises leased, or any repairs, alterations or improvements, or any change in the term of this Rental Agreement, shall be binding upon either of the parties unless in writing and signed by both Landlord and Tenant. 20. LEAD-BASED PAINT. If the dwelling unit was constructed before 1978, Tenant acknowledges that Landlord has delivered to Tenant copies of the form Disclosure of Information on Lead-Based Paint and/or Lead/Based Paint Hazards, and the EPA pamphlet Protect Your Family From Lead in Your Home. 21. CERTIFICATION. Tenant certifies that it is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person” o r any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and it is not engaged in this transaction, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney’s fees and costs) arising from or related to any breach of the foregoing certification. 22. TERMINATION. In addition to the termination rights under this Rental Agreement, Landlord and Tenant may terminate this Rental Agreement as provided by the Iowa Uniform Residential Landlord and Tenant Act or as otherwise provided by law. 23. COMPLIANCE WITH LAW; PARTIAL INVALIDITY. Nothing contained in this Rental Agreement shall be construed as waiving any of Landlord’s or Tenant’s rights under the law. In all respects, the terms and provisions of this Rental Agreement are to be construed to comply with all requirements of the Iowa Uniform Residential Landlord and Tenant Act (IURLTA) and all applicable laws. If any term or provision of this Rental Agreement is determined to be ©The Iowa State Bar Association 2019 IowaDocs® Form No. 151, Dwelling Unit Rental Agreement Revised January 2016 invalid pursuant to IURLTA or other law, such invalid term or provision shall be severed from the contract, and the remainder of the contract shall continue in full force and effect as though the invalid term or provision was not contained herein. If any part of this Rental Agreement shall be in conflict with the law, the conflicting part shall be invalid and unenforceable to the extent that it is in conflict, but shall not invalidate this Rental Agreement or affect the validity or enforceability of any other provision of this Rental Agreement. Any term of this Rental Agreement that provides for any numerical amount that would be in conflict with a legal limitation amount shall be construed to be equal to the legal limitation amount. 24. ADDITIONAL PROVISIONS. This Agreement is subject to approval by the City Council of the City of Waukee, Iowa. It is recommended that Tenant obtain renters and liability insurance and maintain the same throughout the term of this lease, and any extension thereof. Dated: ____________________, 2019. ______________________________ City of Waukee, Iowa, Landlord ______________________________ Joshua D. Eastcott, Tenant ______________________________ Nikki M. Kleiman, Tenant