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Home My WebLink AboutLETTER & LEASE AGREEMENT FROM MR. WILSON.TIFS . Warren Wilson PO Box 5182 Hickory NC 28603 January 26, 2909 Anne Marie Pease Attorney for Catawba County Post Office Box 389 Newton INC 28658 -0389 VIA CERTIFIED MAIL 7006 3450 0001 3573 1911 Re: File #2008 -CVS -3652 Dear Ms. Pease: I am in receipt of a Civil Summons and Notice of Hearing issued by you on behalf of Catawba County NC. The property in question was sold to Mary Lusk on March 1, 2007 via a Lease ! Purchase Agreement (copy attached). I have contacted Ms. Lusk who has assured me that the property has been cleaned up. Therefore, I request that you provide specific instances of items you deem to not be in compliance with applicable local ordinances and 1 or codes. The evidence must be in the form of photographs with clear and concise recommendations for remediation which I can forward to the occupants of the property. I look forward to prompt receipt of the requested information in order to avoid any further issues resulting from this problem. Respectfully, 00 0,04 , /- n S. Warren Wilson ('J(C / //, /` GATAW9ACOaNW PC : Mary Lusk RecervEo JAN 1 7 2009 rECai Derr. LEASE I PURCHASE AGREEMENT Sandy Warren Wilson ('Owner") hereby agrees to Lease with Option to Purchase real property and all improvements located at 1440 Murray Lane, Catawba NC 28609 — Catawba County Parcel #3770 0767 6581 ( "Premises ") to Mary Lusk ( "Tenant') this 1s' day of March, 2007, LEASE PAYMENTS of $300.00 per month shall be due and payable on the 1 61 day of each month during the life of this contract. The agreement will have a termination date of February 28, 2008 but will be automatically renewable for additional 1 year terms. A Late Charge of $25.00 will be assessed should the Lease Payment not be received by the 5'" day of each month of the term of this contract. LEASE PAYMENTS will be allocated as follows: $285.00 will be considered rent, and $15.00 will be credited toward the agreed upon purchase price of $30,000.00. Tennant will be allowed to pay additional amounts from time to time which may be credited to the purchase price. Owner will be required to maintain a payment log which shall be provided to the Tenant upon request. Tenant will be responsible for all maintenance and upkeep on the Premises; owner shall have no responsibility nor liability for any maintenance or repair issues that may develop while the Tenant occupies the Premises. The Tenant agrees to occupy the Premises as is, where is. Should Tenant vacate the Premises at any time, any and all amounts credited to the agreed upon purchase price shall be forfeited. LEASE PAYMENTS shall be mailed to the Owner at Warren Wilson PO Box 5182 Hickory NC 28603 -5182 Such addresses may be changed from time to time by either party by providing notice as set forth above. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Owner on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Owner. USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a dwelling unit. Tenant shall notify Owner of any anticipated extended absence from the Premises not later than the first day of the extended absence. PROPERTY INSURANCE. Tenant shall be responsible to maintain appropriate insurance for its interests in the Premises and property located on the Premises RENEWAL TERMS. This Lease shall automatically renew for an additional period of one year per renewal term, unless either party gives written notice of termination no later than 30 days prior to the end of the term or renewal term. The lease terms during any such renewal term shall be the same as those contained in this Lease. UTILITIES AND SERVICES. Tenant shall be responsible for all utilities and services incurred in connection with the Premises. TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as follows: REAL ESTATE TAXES. Owner shall pay all real estate taxes and assessments for the Premises. HABITABILITY. Tenant has inspected the Premises and fixtures, and acknowledges that the Premises are in a reasonable and acceptable condition of habitability for their intended use, and the agreed lease payments are fair and reasonable. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other obligation within 7 days) after written notice of such default is provided by Owner to Tenant, Owner may elect to cure such default and the cast of such action shall be added to Tenant's financial obligations under this Lease. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent ". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. LATE PAYMENTS. For any payment that is not paid within 5 days after its due date, Tenant shall pay a late fee of $25.00. CUMULATIVE RIGHTS. The rights of the parties underthis Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Owner from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Owner may suffer or incur in connection with Tenant's possession, use or misuse of the Premises. DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Owner is obtained and proof of adequate insurance protection is provided by Tenant to Owner. COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now exists, or may be given later by Owner, with respect to the Premises. ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises, nor assign, mortgage or pledge this Lease, without the prior written consent of Owner, which shall not be unreasonably withheld. NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of North Carolina. ENTIRE AGREEMENTIAMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. This agreement tii�s�fmuttuA�allllnly agreed to this 1s' day of March, 2007 by Sandy Warren Wilson, Owner Mary Lusk, nanl