DCM REALTY, INC. LEASE AGREEMENT

Transcription

1 DCM REALTY, INC. LEASE AGREEMENT This Lease Agreement is made and entered into this day of 2013, by and between DCM REALTY, INC., (hereinafter referred to as "Lessor") and jointly and severally (hereinafter collectively referred to as "Lessee"). PREAMBLE Whereas, Lessor is the owner of the certain real property and improvements having the street address of Columbia, MO (hereinafter referred to as "Demised Premises"); and Whereas, Lessor wishes to lease to Lessee, and Lessee wishes to lease from Lessor, said Demised Premises for residential purposes; and Whereas, the parties intend to accomplish this by the provisions of this Agreement. IN CONSIDERATION OF THE PROMISES AND CONDITIONS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. Lease of Demised Premises. Lessor hereby leases to Lessee, and Lessee hereby takes as such from Lessor, upon the terms and conditions set forth herein, the real property and improvements described above, along with all appliances and other personal property and fixtures belonging thereto. 2. Term of Lease. This Lease Agreement shall commence on the 27th day of July, 2013, and shall terminate at 11:59 p.m. on the 26 th day of July, Amount of Rent. Lessee agrees to pay the sum of ten thousand two hundred sixty dollars (10,260.00) for the term of the Lease, to be paid in equal installments of eight hundred fifty five dollars ($855.00) on the fifth (5 th ) day of each calendar month. 4. Payment of Rent. Rent for each unit is due on the fifth of each month. The rent for each month during the term of this Lease shall be paid by direct debit from each Lessee's bank account and direct deposit to Lessor's bank account at M&I Bank, (in Saint Louis, Missouri). This direct debit will occur on the 5 th of each month. The first direct debit will commence on August 5th, Each Lessee will fill out appropriate paperwork for direct debt to take place. All rent will be paid to DCM REALTY, INC. In the event that the funds are not available for transfer, Lessee will be charged $10.00 per day late fee until funds are available for direct debit to occur. If you mail in your rent, it is due on the 1 st of the month and considered late if received after the 5th of the month.

2 5. Security Deposit. On the first day of occupancy, Lessee shall provide the sum of eight hundred fifty five dollars ($855.00) to Lessor, to be held by Lessor for the term of this Lease Agreement and as guarantee of the performance by Lessee of all of the provisions of this Lease Agreement. This deposit is not to be construed as a payment of any installment of rent due under the terms of this Lease. It is agreed that Lessor is authorized to expend such sum, or as much thereof as may be necessary, to correct or repair any damage done by Lessee, or Lessee's guest or invitees, and any such sum which is not so expended by Lessor during the term of this Lease or within thirty (30) days thereafter shall be returned to Lessee. In the event that said deposit as provided for herein is not sufficient to cover the costs to repair and restore the damage or loss, then Lessee agrees to promptly pay such additional amount to Lessor upon notification of the dollar amount there of. It is specifically agreed by all of the parties hereto that Lessor may commingle said deposit with personal funds or any other funds and is not required to pay interest on the aforementioned deposit. As further security for the performance of the terms of this Agreement, Lessee grants to Lessor a security interest in all personal property owned by Lessee and located on the Demised Premises. It is agreed that Lessor, as a secured party, may take whatever action provided for under Article 9 of the Uniform Commercial Code as adopted by the laws of the State of Missouri with respect to said personal property of Lessee in order to secure Lessee's performance of the provisions of this Lease Agreement. ALL DEPOSITS WILL BE PAID IN FULL BEFORE LESSEE TAKES POSSESSION OF PROPERTY. 6. Personal Property. The Demised Premises does include the following personal property other than fixtures: Said personal property leased along with, and as a part of, the Demised Premises is as follows: dishwasher, refrigerator, disposal, range, washer & dryer, shower rods, ceiling fans, garage door opener & remotes. Lessee hereby acknowledges that said personal property is clean, free from filth, and in good condition and repair and Lessee further agrees that upon the termination of this Lease Agreement, Lessee shall surrender possession of the personal property listed in this provision to Lessor in as good of condition as when Lessee took possession of same. 7. Remedies. If Lessee defaults in the payment of rent or the performance of or compliance with any covenants or agreements herein contained, Lessor shall, without demand, be entitled to possession of the Demised Premises, and Lessee shall, upon written demand by Lessor, quit and surrender the Demised Premises to the Lessor, but the Lessee's obligation to pay rent for the full term shall not be terminated, provided however, that Lessee shall be entitled to credit for rentals thereafter collected by the Lessor for rerenting the Demised Premises during any part of the balance of the term hereof, less any expenses in connection therewith. The remedies provided for herein shall be in addition to all other remedies provided for herein, or as provided by law. 8. Time is of the Essence. Time is of the essence of this Lease Agreement, including but not limited to, the due dates for payment of rent, and the due date for default. 9. Assignment. It is understood and agreed by the parties that Lessor shall have the right to assign all rights and interest in this Lease Agreement. It is further understood and agreed that Lessor is to have, and continue to have, the right to sell the Demised

3 Premises at any time. In the event that Lessor does sell the Demised Premises, this Lease Agreement shall remain in effect as per its terms, and any such buyer shall take the Demised Premises subject to this Lease Agreement. 10. Use of Demised Premises. Lessee covenants and agrees that the Demised Premises shall be used and occupied solely for the purpose of maintaining a residence for Lessee only, and shall not be used for any other purpose whatsoever, provided however, that this Agreement shall not prevent Lessee from entertaining occasional guests for limited periods of time. It is further agree that Lessee shall not do, or permit to be done, anything to embarrass or annoy Lessor or neighbors of the Demised Premises, and Lessee shall not do or permit to be done anything in violation of any federal, state, county or municipal laws or ordinances, orders, rules or regulations, or anything to invalidate any insurance on the Demised Premises or increase the rate thereof. 11. Sublease. Lessee shall not assign this Lease or sublet any portion of the Demised Premises without the prior written consent of Lessor, which shall be at the Lessor's sole discretion. Any such assignment or subletting without the prior written consent of Lessor shall be void, and at the option of Lessor, may terminate this Lease Agreement. 12. Payment for Utilities. It is understood and agreed by the parties hereto that Lessee is to pay for all utilities (water, gas, electricity and all other such services) attributable to the Demised Premises for the entire period of this Lease Agreement, including any deposits, assessments or other costs attributable to such services. Lessee shall at all times ensure that sufficient heat is maintained in the Demised Premises to prevent any damage to plumbing during severe weather. Which means that Tenant must sufficiently heat the premises to keep plumbing pipes from freezing. Any damages caused by frozen pipes, will be the responsibility of the Lessee. Tenant shall indemnify and hold Landlord (DCM REALTY, INC.) harmless for any expense incurred by Landlord as a result of Tenant's failure to pay for said utilities, deposits or damages from freezing during the entire term of the Lease or any holdover period. All utilities will be in Lessee's name BEFORE moving into property. If NOT there will be a $5.00 per day fee until they are in the tenant's name. 13. Lessee's Additional Duties. Lessee shall be solely responsible for the cleaning and removing of snow, ice and debris from driveway areas on or adjacent to the Demised Premises and Lessor shall have no responsibilities in connection therewith. Lessee hereby agrees to indemnify and hold Lessor harmless from any claims whatsoever by Lessee, Lessee's guest or invitees, and any and all other third parties, to include any costs and reasonable attorney's fees, associated with or arising out of the snow and ice removal on or adjacent to the Demised Premises. Lessee shall keep and maintain the Demised Premises in a clean, sightly, and sanitary condition, free and clear of trash and debris. Lessee shall be responsible for clearing any clogged drains on the Demised Premises which are not caused by structural defect. Clogged drains and toilets are the responsibility of the Lessee. If Lessee requires Lessor to come to property to unclog drain or toilet - Lessee will be charged $20.00 per occurrence (payable upon completion). Lessee shall place any garbage, trash, waste or other debris, in plastic bags or other suitable containers consistent with Columbia

4 Missouri City Ordinance, and shall properly dispose of such items consistent with all applicable local laws and ordinances. 14. Improvements and Fixtures. It is understood and agreed that Lessee shall make no improvements to or modifications of the Demised Premises or affix any fixture or other item to the Demised Premises which would necessitate repair upon removal of said item without first obtaining the prior, written consent of Lessor. In any event, if Lessee attaches or affixes any item to the Demised Premises, Lessee shall repair, or pay for the repair, of any and all damages to the Demised Premises occasioned by the removal of such item, whether the item is removed by Lessee, or Lessor. 15. Condition of Demised Premises. Lessee hereby states that Lessee has thoroughly inspected the Demised Premises before accepting possession of same and has taken possession of the Demised Premises which are entirely clean, free from dirt, and will be kept in same condition during the term of this Lease Agreement. It is agreed that Lessee shall return possession of the Demised Premises to Lessor free of Lessee's personal belongings and in a good of condition as when Lessee inspected and took possession of same, normal wear excepted. Lessee agrees that all carpets shall be cleaned by a professional commercial company at Lessee's expense (fee to be deducted from security deposit) and the Lessor will hire the carpet cleaner. Lessee further agrees to pay Lessor for any costs and expenses for cleaning and repairing the Demised Premises which Lessor deems necessary to restore same to the same condition as when Lessee took possession. 16. Pets. It is understood and agreed that no pets shall be permitted on the Demised Premises unless there is an exception agreed upon between Lessee and DCM REALTY, INC. Tenant will pay a $ Non-Refundable Pet Deposit. Additionally, a tenant that has been approved to have a pet will pay an additional" $25.00 per month-on top of their rent to have such privilege. In the event any unauthorized pets are found to have been on the Demised Premises, the Lessee agrees to pay Lessor $50.00 for each day the pet is on premises. Any damages to the premises by unauthorized pets will be paid by the Lessee. EXCEPTIONS: 17. Locks. It is understood and agreed that Lessee shall not replace any existing locks or install any additional locks on any doors of the Demised Premises without first obtaining the express written consent of Lessor and providing Lessor with a key for any such lock. 18. Parking. Lessee agrees not to use the uncovered parking in driveway of the Demised Premises, or the street in front of said property for any type of trailer, boat, camper, mobile home, or anything other than operative passenger vehicles which are in good condition and repair, and which are in frequent use. It is agreed by the parties hereto that Landlord shall be permitted to tow, at Lessee's expense, any vehicles which are found on the Premises which are not in running condition. Lessee further agrees that Lessee (collectively) shall not park more than two (2) passenger vehicles on the Premises, or the street in front of said property. Lessee shall not allow any of Lessee's vehicles or any vehicles of Lessee's guest to park off of paved areas. 19. Fire and Other Casualty. If the Demised Premises is damaged by fire, rain, wind or other casualty, so as to render the same partially untenantable or partially

5 unfit for the use or purpose for which the same is hereby leased, and is repairable within a reasonable time, then in that event, this Lease Agreement shall remain in full force and effect but there shall be an abatement in rent on the basis of the proportion that the damaged portion of the Demised Premises bears to the whole of said Demised Premises. Lessor shall have the option to repair, rebuild or offer the Lessee like premises, or cancel the lease. 20. Rules and Regulations. Lessee understands and agrees that the Demised Premises shall be governed by a set of rules and regulations regulating the use and occupancy of the property. Lessee hereby accepts responsibility for obtaining a copy of said rules and regulations prior to executing the Lease Agreement, and upon Lessee's failure to do so, hereby waives any objections to said rules and regulations as pertain to the enforceability of this Lease Agreement. Lessee agrees to abide by said rules and regulations as if the same were set out in full in this Lease Agreement and the failure of Lessee to fully abide by said rules and regulations shall be a breach of Lessee's covenants and conditions as contained in this Lease Agreement. In the event new or different rules and regulations are adopted, Lessee further agrees to obey and abide by said change or changes as though the same were fully set out herein. DCM REALTY, INC. highly suggests that the Lessee s acquire Renter's insurance for their premises. 21. Inspection. Lessor will permit Lessee to quietly and peaceably hold, occupy and enjoy the Demised Premises during the term hereof without interference by Lessor, provided that Lessee observes and performs the covenants and agreements herein made by Lessee, and provided further that Lessor shall be entitled and shall have the right, at all reasonable times to inspect the Demised Premises for any damage or destruction to determine whether or not Lessee is performing and observing the covenants and agreements herein contained, and for the purpose of making any necessary repairs, and for a period of one month prior to the end of the term of this Lease, shall have the right of access to the Demised Premises at all reasonable times for the purpose of showing the Demised Premises to prospective tenants. 22. Indemnification/Waiver of Claims. Lessee agrees to hold and save Lessor harmless from any claim by, or liability to, any third person on account of loss or damage to property or for personal injury arising from the use of Demised Premises by Lessee or by any licensee and to reimburse Lessor for all costs incurred in defending any such claim, including reasonable attorney's fees. In addition, Lessee hereby releases, indemnifies and saves harmless Lessor, and Lessor's owners, managers, agents and employees from any and all claims, causes of action, damages, liabilities, costs and expenses whatsoever, arising now or in the future, by reason of or on account of injury to the person or property of Lessee caused by the fault or ordinary negligence of Lessor, or Lessor's owners, managers, agents, employees, other tenants, guests and invitees, or the failure of any of the above to use due care in connection with the Demised Premises. Lessor shall not be responsible for any injuries suffered by Lessee during the term of this Lease as a result of any unsafe condition of the Demised Premises, or any improvement thereon. Lessee agrees to take possession of the Demised Premises subject to the risk of an undiscovered or undisclosed defect, and to at all times be responsible for Lessee's own safety while occupying any portion of the Demised Premises. 23. Notice. All notices between Lessee and Lessor are to be in writing except as otherwise set out in this Agreement. Lessee shall receive all such notices at the

6 Demised Premises and Lessor shall receive notices at Lessor's address listed in Paragraph 4 of this Lease Agreement, or at such other address as Lessor shall hereinafter provide to Lessee in writing. 24. Holdover. It is understood and agreed by all of the parties hereto that any holding over by any tenant who is/are a party to this Lease Agreement, or by any sublessee, after the expiration or termination of this Lease Agreement, with the consent of Lessor, shall be construed as a day-to-day tenancy by Lessee at a rental of twice the then applicable daily rate and otherwise under, and in accordance with, all of the provisions of this Lease Agreement as are applicable. It is further agreed that the daily rate shall be the monthly rate divided by the number of days in the month the holdover occurs. 25. Waiver. No waiver by Lessor of any breach or default of Lessee in the performance of any of the agreements, covenants, or obligations hereunder shall be construed as a waiver of such agreement, covenant, or obligation, or of any other subsequent breach thereof. Failure of Lessor to enforce any provision of this Lease Agreement shall not be deemed to be a waiver. 26. Attorney's Fees and Costs of Enforcement. In the event that Lessor employs the services of an attorney to enforce any of the provisions under this Lease Agreement, Lessee shall pay Lessor's reasonable attorney's fees and any costs of enforcement of any of the provisions herein and collection of any amounts due under said provisions whether or not legal action is filed or a judgment is obtained. Said attorney's fees and costs of enforcement shall be considered as additional rental due under this Lease Agreement. 27. Jointly and Severally. All parties collectively referred to as "Lessee" in this Lease Agreement shall be jointly and severally liable for the performance of all of the provisions herein. 28. Entire Agreement; Amendments in Writing. This Lease Agreement and Rules and Regulations of use and occupancy of the Demised Premises constitute the entire agreement between the parties and cannot be changed or modified in any manner whatsoever except by a written instrument properly executed by each of the parties hereto, except that in the case of new or different Rules and Regulations of use and occupancy of the Demised Premises by written notification by Lessor to Lessee. Each of the parties hereto acknowledges that neither the other party, nor the party's agents have made any agreements, statements, or representations, which in any respect concern the subject matter of this Lease Agreement, except to the extent specifically set forth in this Lease Agreement. 29. Agreement Binding. It is understood and agreed that, in the event that any portion of this Lease Agreement shall be declared by a Court of Competent Jurisdiction to be invalid, the remaining portions of this Lease Agreement shall continue in full force and effect. It is further agreed that the agreements, duties, covenants and obligations set forth herein shall extend to, inure to the benefit of, and be binding upon, the parties hereto, their successors, heirs, personal representatives, executors and assigns. 30. Applicable Law. This Lease Agreement shall be construed in accordance with the Laws of the State of Missouri.

7 In Witness Whereof, the parties have hereunto executed this Lease Agreement on the day and year first above written. LESSOR: By: Dan Morgan, Vice President DCM REALTY, INC. LESSEE: Signature (print name below) Signature (print name below) Signature (print name below) DCM REALTY, INC. 910 Kehrs Mill Rd., STE 117 Ballwin MO 63011

8