2761 CR P35REAL ESTATE RENTAL AGREEMENT
It is agreed this day January 2011, by and between Blair Airport Authority, Lessor,
and Ty Michael Kurtz and Roxann Marie Kurtz, Lessee(s):
That the Lessor hereby leases to the Lessee, and the Lessee hereby leases from
the Lessor a single family home located at 2761 Co Rd P35, in the County of
Washington, State of Nebraska, in consideration of the mutual promises of the parties
herein and the representations made in application executed by the Lessee with Lessor
prior hereto, said application being expressly made part hereof as though fully set out,
and upon the terms, provisions and conditions following:
1. LEASE TERM. Lessor leases the above described property to the Lessee on
a term for 24 months commencing on the 1St day of February, 2011, and continuing
until terminated as hereinafter provided. However, once the term of the lease expires, the
lease shall revert to a month to month lease. Total lease payments shall be 24 unless
lease is extended per this agreement.
2. RENT. The Lessee shall pay rent for said term as follows: $1,200.00 per
month, on the 1 st day of each month for which this lease is effective, commencing with
the 1 St day of February, 2011. If the monthly payment is not received by the 10th of each
month, there shall be a late charge due of $50.00 per said month that the rent is
delinquent.
3. SECURITY DEPOSIT. :The Lessee herewith deposits with Lessor the sum of
$1000.00, which shall be made by paying an additional $100.00 per month for the first -10
months of the lease, not to exceed one month's rent and agrees that said sum is to be
retained by Lessor during the -term of the lease Agreement. At the expiration of the
lease term, the sum shall be. returned to the Lessee provided that the property is clean
and in good order. However, if necessary, the Lessor shall retain the deposit to restore
the real estate to the condition at the commencement of the lease, normal wear and tear
excepted.
4. UTILITIES AND UPKEEP. The Lessee shall be responsible for all utility
fees, charges and services. Further, the Lessee shall be responsible for all upkeep of
the property and to ensure that the property is clean and in good condition.
5. ASSIGNMENT AND SUBLETTING. There shall be no assignment or
subletting of the leased premises without the prior written consent of Lessor.
6. APPLICABLE LAW.FORUM. Lessor and Lessee agree to comply with all
applicable laws and regulations of the state of Nebraska. The forum for all legal disputes
shall be the court system of Washington County Nebraska. The agreement shall be
contractual in accordance with Nebraska law.
7. CANCELLATION OR TERMINATION OF LEASE AGREEMENT. After
the leasehold term has been completed when either party desires to cancel this Lease
Agreement, at least thirty (30) days written notice thereof shall be delivered to the other
party and this Lease Agreement shall expire at the end of said period, or the current
lease term, whichever is longer. Furthermore, if there is a material non-compliance by
the Lessee with the terms of this Lease Agreement, the Lessor may deliver written
notice of the acts constituting the breach and of the Lessor's election to terminate the
lease Agreement within thirty (30) days if the breach is not remedied in fourteen (14)
days. If the Lessee fails to remedy such breach within fourteen (14) days, this Lease
Agreement shall terminate as provided in said notice; provided, however, that if the
Lessee fails to pay the rent within three (3) days after written notice by the Lessor of non-
payment of the rent when due, the Lessor may terminate this Lease Agreement
immediately and proceed with any and all remedies provided by law or in equity. In
addition to the foregoing remedies, and unless otherwise provided by law, Lessor
specifically reserves the right to recover damages, obtain injunctive relief, or recover
possession of the real estate pursuant to an action in forcible detainer for any material
non-compliance by the Lessee with this Lease Agreement, or with the provisions of the
Nebraska Landlord -Tenant Act.
8. AS IS CONDITION. The parties hereby agree and stipulate that the
single family residence in question is leased in "AS IS CONDITION."
9. SEVERABILITY. If any provision of this lease agreement shall be
deemed unlawful, the same shall be severable from the remainder of this Lease
Agreement and shall be enforceable in all respects without reference to such unlawful
provision.
10. LIENS ON THE REAL ESTATE. Neither the Lessee nor anyone claiming by,
through, or under the Lessee, shall have the right to file or place any material lien or any
other lien of any kind or character whatsoever, upon said leased premises or upon any
improvement thereon, or upon the leasehold interest of the Lessee therein, and notice is
hereby given that no contractor, subcontractor, or anyone else who may furnish any
material, service or labor for any building, improvements, alterations or repairs on the
leased premises at any time be or become entitled to any lien thereon, and for further
security of the Lessor, the Lessee covenants and agrees to give actual notice thereof in
advance, to any and all contractors and subcontractors who may furnish or agree to furnish
any such material, service or labor, failure of which notice shall be deemed a material.non-
compliance of the Lease Agreement.
12. CONSTRUCTION. Words and phrases herein shall be construed as in
the singular or plural number, and as masculine, feminine or neuter gender according to
the context. If more than one Lessee is signatory to this Lease Agreement, they shall
be jointly and severally liable for the performance hereof, and each shall be liable for the
acts and omissions of the other(s).
13. BINDING EFFECT. This agreement shall be binding upon and inure to
the benefit of the parties, their heirs, or representatives.
14. WRITTEN NOTICE. Written notice to the Lessor shall be delivered to the
City Administrator, City of Blair, 218 South 16th Street, Blair, NE 68008 and to the
Lessee at: 2761 Co Rd 35 Omaha, Nebraska 68142.
15. ADDITIONAL TERMS. The parties agree to the additional terms that are
made and construed as part of the Real Estate Rental Agreement by reference:
A. The Lessor shall check, replace and / or repair all smoke detectors
and CO- 2 detectors in the home..
B.
C. The Lessee shall repair the exterior soffits, clean exterior of the
premises including yard, mow the yard and perform all
necessary snow removal at Lessee's cost
D. Lessee understands the well is a jointly owned well and serves two
other residents under a previous agreement and the other parties must coordinate
any outage. That the breaker box and/or pressure system for the well is located
within the garage and/or utility room.
E. That upon termination of this lease the lessee shall be responsible for
making sure the propane tank is refilled or that the lessor will have the
tank refilled and either bill the lessee the actual cost to refill or deduct the
cost of refilling the tank from any refundable deposit.
F. The Lessor reserves the right to inspect house and property with 48
hours notice and that if house and property is not being maintained and kept clean,
minus normal wear and tear, the Lessor may terminate the lease with thirty days
notice. This includes damage by pets, including but not limited to physical damage
and/or urinating on floors, walls, and carpeting.
By the signature(s) hereinafter subscribed, Lessee(s) acknowledge actual
notice of all terms and conditions of this Lease Agreement as above set out and
further acknowledge that each and every provision thereof has been read and
agreed to.
da oi
EXECUTED in duplicate this , ` y f 2011,
each of which shall be considered as an original.
LESSEE, Ty Mi hael Kurt -
LESSEE, Roxann Marie Kurtz'
By LES O Bary Com s, Chairman for the Blair Airport Authority
STATE OF NEBRASKA
) :ss:
WASHINGTON COUNTY
Before me, the undersigned a Notary Public in and for said county and state,
personally came, Geary Combs, Chairman Blair Airport Authority, Blair, Nebraska,
known to me to be the identical person who signed the above and foregoing Lease and
acknowledged the execution thereof to be their voluntary act and deed.
WITNESS my hand and seal this day of Jmivary, 2011
Public Notary
STATE OF NEBRASKA
) :ss:
WASHINGTON COUNTY
KATHERINE D. LOUDNEI�
'Uy Comm. Epp June 17, 201?
Before me, the undersigned a Notary Public in and for said county and state,
personally came, Ty Michael Kurtz and Roxann Marie Kurtz, Blair, Nebraska, known to
me to be the identical person who signed the above and foregoing Lease and
acknowledged the execution thereof to be their voluntary act and deed.
WITNESS my hand and seal thisr-" day of January, 2011
Pu lic Notary ` CLNffI. NOTARY- state of
KATHERINE ®. L9U®NE
Nh/ C®amn. Exp. June 17, 2012
Rod Storm, Airport Authority,
We were promised that these things on the home would be fixed starting in the spring. It
is almost summer as I am writing this. I realize that there has been rain. There have been some
really nice days where some of this could have been done. We pay our rent early every month
with no issues on our part. I have been told by many people including some business owners in
Blair to with hold rent because no effort has been made to try and resolve some of these issues
at all. I am not complaining it just really needs to get done.
Here is a a list of the repairs that need to be done.
1. The eaves. They are so full of debris that it is hanging over the sides . There have been
animals that have come out onto the groun that were dead(and have been quite a while) that
were stuck and pushed out by the rain. The black stuff that was coming down the walls before is
coming down again. It smells. So they will have to be kilzed and painted again. If you purchase it
we can do the work on it to save money. I seriously think there could be animals in these eaves
and roof living and or dead.
2. The sidewalk issue. The water issue is really bad. It smells in the fruit cellar. The light isnt
working cuz of water on the ceiling. I have asthma ands I am thinking this these mold and must
issues starting to effect my breathing. I have started using my inhaler and nebulizer more lately.
CA 0
3. We need screens for the windows. Most are frame and screen cuz the others that we have
are old an bent and will not stay in the window box.. Patio door needs to be replaced. The lock
is broken and was before we moved in. Holes in screen are big and there are quite a few.
4. 1 think the septic tank needs to be cleaned out also.
5. The driveway needs graded and rocked. It is really bad!
6. ALL of the windows leaked really bad during the winter. They need new insulation to be
put in these walls. It was so cold. Also a bigger furnace needs to be in here also. It was cold as
heck in here and we had the heat up to 74/75 and it was still freezing. No heat is getting to the
back bedrooms by the garage. It is terrible cold back there. The doors all need weather stripping
around them. WE cant afford to putting propane in every 2 months cuz of the insulation and
furnace problems window and door leaks.
7. The lead windows next to front door are broken and leak bad. The lead isnt attached to
most of the window glass. There are big holes where they were broken by the last tenants.
8. There are some caps on the roof that are missing above the 2 bedrooms in the front part of
the house.
9. The cracks in the ceiling throughout the house are getting bigger and seem to be seperating
in some places. I am wondering if this from moisture in the eaves problem
JULO
I realize that the former tenants didn't inform you all of the repairrs�t aat� obviously needed to be
done. But these are problems that need to be addressed and that were not caused by us. We
were told that these would be started along time ago. Please get in contact with us asap so we
can get this started and we can be home also.
Thank you very much for your time and hopefully this can be done in a timely manner before the
problems get worse. Health issues could be a problem if they are not done.
Ty and Roxann Kurtz & Family.