Legal Document: Wheelock Parkway Apartments Limited Partnership vs James Epps, John Doe, Jane Doe

On January 23, 2024 a Complaint-Civil Index #1 was filed involving a dispute between Wheelock Parkway Apartments Limited Partnership, and Epps, James, for Eviction (UD) in the District Court of Ramsey County.

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62-HG-CV-24-78
Filed in District Court
State of Minnesota
1/23/2024 9:27 AM

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
CASE TYPE: HOUSING

Wheelock Parkway Apartments
Limited Partnership,
COMPLAINT
Plaintiff,

vs.

James Epps (dob unknown),
John Doe, Jane Doe,

Defendant.

Parties

1. Plaintiff is Wheelock Parkway Apartments Limited Partnership. Plaintiff is a
Landlord as that term is defined in Minn. Stat. § 504B.001, Subd. 7.

2. Defendant is James Epps. Defendant is a Residential Tenant as that term is defined
in Minn. Stat. § 504B.001, Subd. 12.

The Lease

3. There is a written lease between the parties and it is attached to the Complaint as
Exhibit A.

4. The address of the property in the Lease is 1590 Marion Street, #301, in the City of
St. Paul, County of Ramsey, State of Minnesota, Zip Code 55117.

5. The tenancy is not affected by a federal or state housing subsidy program through
project-based federal assistance payments; the section 8 program; the LIHTC program
or any other similar program.
Conditions Precedent

6. All necessary conditions precedent have been performed or have occurred.

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62-HG-CV-24-78
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7. Plaintiff has complied with Minn. Stat. § 504B.181 by:

a. disclosing to tenant either in the rental agreement or otherwise in writing prior
to the beginning of the tenancy the name and address of: 1) the person authorized
to manage premises; and 2) an owner or agent authorized by owner to accept
service of process and receive and give receipts for notice and demands, AND
b. posting in a conspicuous place on the property a printed or typewritten notice
containing the above information in the lease, OR
c. the above information is known by or has been disclosed to the tenant not less
than 30 days before the filing of this action because of communications from
landlord.

Count 1: Eviction – Non-payment

8. A detailed, itemized accounting or statement listing the amounts owing is attached to
this Complaint as Exhibit B.

9. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly
delivered. That notice is attached to this Complaint as Exhibit C.

10. In addition to the arrearages identified in the immediately preceding paragraphs,
pursuant to Minn. Stat. § 504B.291, prior to redeeming the tenancy and being restored
to possession, Defendant(s) may be required to pay to the landlord or bring to court
the amount of the rent that is in arrears, with interest, costs of the action, and an
attorney’s fee not to exceed $5, and by performing any other covenants of the lease –
including amounts that become due during the pendency of this action.

11. The total amount required to redeem the tenancy is $964.32 + $380.00 (costs of the
action – filing fee and service fee) for a total of $1,344.32, plus any additional
amounts, or other covenants of the lease which may become due after the date of the
complaint. The amount pled only includes amounts necessary to redeem per Minn.
Stat. § 504B.291 as of the date of the Complaint and may not include all money owing
under the lease.

12. Defendants’ military status is unknown.

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Request for Relief

13. Plaintiff seeks judgment against Defendant and an Order for possession of the
property and the issuance of an immediate Writ of Recovery.

14. Plaintiff seeks all allowable costs and disbursements of the action.

I declare under penalty of perjury that everything I have stated in this document is true and
correct to the best of my knowledge and belief. Minn. Stat. § 358.116.

Dated: January 22, 2024 HANBERY & TURNER, P.A.
/s/ Douglass E. Turner
Douglass E. Turner, #0279948
33 South 6th St. Suite 4160
Minneapolis, MN 55402
Tele: (612) 353-4388
EM: hnc@hnclaw.com
Attorney for Plaintiff

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RESIDENTIAL LEASE
THE MINNESOTA AHORNEY GENERAL’S OFFICE HAS CERTIFIED THAT THIS LEASE
COMPLIES WITH THE MINNESOTA PLAIN LANGUAGE CONTRACT ACT.
(Minnesota Statutes, Sections 325G^9-325G.36) Certification of a contract by file Attorney General under
the plain language contract act is not otherwise an approval of the contract's legality or legal effect {assassft

RESIDENT*: (list all persons responsible for this Lease) James Epps
CO-SIGNER:
ADDITIONAL OCCUPANTS: (list other persons vvho wHI live in the apartment)

MANAGEMENT: Wheelock Parkway Apartments Limited Partnership D/B/A Wheelock Parkway Apartments

STREET ADDRESS OF PREMISES 1590 Marion St Apt 301, Saint Paul, MN 55117-3669
("Apartment”):
APARTMENT NO.: 1590-301 DURATION OF LEASE (enter riumber of months or month-to-month): Month to Month
LEASE START DATE: 05/01/2023
Month by Month. Two.Full Calendar Months
LEASE END DATE (at 12 noon): Required to Vacate.
NOTICE PERIOD: Two Month Written Notice LATE FEE(S): 8% of the amount due from Resident if received by Management
after the 3rd day of the month.
Monthly Apartment Rent $1071.00
Other Monthly Charges Garage(s): $0 SECURITY DEPOSIT: $400.00
6 Mo Fee: ANIMAL DEPOSIT: $0.00
9 Mo Fee: $0 Non-Refundable Admin Fee: $99,00
MtoMFee; $0 Non-Refundable Animal Fee; $0.00
Animal Fee: $0 Last Months Rent: $0
Other Fees: $5.00
Total Monthly Apartment Rent $1,076.00
UTIUTIES INCLUDED IN RENT: (Ust those that apply) None X The premises were constructed prior ot 1978.
Bectncity, Gas, Water, Sev/er,
UTIUTIES PAID BY RESIDENT: (Ust those that apply) Trash
X See attached disclosure of information.

(The following is required by Minnesota Statutes, Section 504B.181)
Authorized Manager of Apartment: Suzie Gunderson
Address: Wheelock Parkway Apartments Limited Partnership D/B/A Wheelock Parkway Apartments
1609 Woodbridge St, Saint Paul, MN 55117-3669
An owner of the premises or an agent authorized to accept service of process and receive and give receipts for notices and demands is
Name: The Goodman Group, LLC
Address: 1107 Hazeltine Boulevard, Suite 200
City, State, Zip: Chaska, Minnesota 55318

‘Where appropriate, singular terms used in this Lease include the plural, and pronouns of one gender include both genders.

Additional Agreements (If any): N/A
Trash bills are invoiced by the service provider to Management and then allocated to Resident based on a flat rate of $5.00 per month.
Technology subscriptions such as cable television, internet and phone service is the financial responsibility of Resident

Management (acting as agent for the owner of the premises) and Resident agree to the terms of this Lease and any attachmentsthat may be made
part of this Lease. t../
MANAGEMENT
(Lease Signei)<'
Wheelock Parkway Apartments Umited Partnership
D/B/A WheeJeclTRarkwav Apartments (Lease Signer) /
By (Lea^'Brglier)
Its Property Manager \ (Lease Signer)
Date Signed Date Signed “jM- hi
Resident acknowledge^ receipt of this Lease by signature on this document.

1 VERSION: June 20, ^TM
EXHIBIT A
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TERMS OF THIS LEASE

A. RENT

1. PAYMENT: Resident will pay Management the full monthly rent before midnight of (he first day of each month
,) while this Lease is in effect and during any extensions or renewals of this Lease. Rent will be paid as required
by Management.

2. WHO IS RESPONSIBLE FOR RENT: Each Resident is individually responsible for paying the full amount of
rent and any other money owed to Management. In the event of Resident’s death, Resident’s estate shall pay
the balance of the rent due under this Lease, less any rent Management may collect from subsequent residents
during said lease term.

DUTY TO PAY RENT AFTER EVICTION: If Resident is evicted because Resident violated a term of this Lease,
Resident must still pay the full monthly rent until: 1) the Apartment is re-rented; 2) the DATE THIS LEASE
ENDS; or 3) if this Lease is month to month, the next notice period ends. If the Apartment is re-rented for less
than the rent due under this Lease, Residentwill be responsible for the difference until the DATE THIS LEASE
ENDS or, if this Lease is month-to-month, until the end of the next notice period.

LATE RENT FEES: Resident agrees to pay an additional amount equal to eight percent (8%) of the amount due
from Resident as a LATE FEE if the monthly rent or any other amount due hereunder is received by
Management after the 3rd day of the month.

X-

\ f 5. NSF FEE: Resident will pay a fee of $30 for each returned check (NSF) as well as appropriate late fees.
l_L

B. USE OF APARTMENT

6. OCCUPANCY AND USE; Only the persons listed above as Residents may live in the Apartment. Persons not
listed as Residents may live in the Apartment only with the prior written consent of Management. Residents may
use the Apartment and utilities for normal residential purposes only.

7. SUBLETTING: Resident may not lease the APARTMENT to other persons (sublet), assign this Lease or sell this
Lease without prior written consent of Management.
8. RESIDENT PROMISES: 1) Not to act in aloud, boisterous, unruly or thoughtless manner or disturb the rights of
the other residents to peace and quiet, or allow his/her guests to do so; 2) to use the apartment only as a private
residence, and not in any way that is illegai or dangerous or which would cause a cancellation, restriction or
increase in premium in Management’s insurance; 3) not to use or store on or near the Apartment any flammable ■
or explosive substance; 4) not to interfere in the management and operation of the Apartment building; 5) that
the Apartment, common areas, or area surrounding the building will not be used by the Resident, any member
of the Resident’s household, any guest of the Resident, or by anyone acting under his/her control a) to
manufacture, sell, give away, barter, deliver, exchange, distribute, possess or use any illegal drugs, or b) to
engage in prostitution or any prostitution related activity, or c) to unlawfully use or possess any firearm, or d) to
allow any stolen property on the premises.

9. WATERBEDS; Resident may not keep a waterbed or other water-filled furniture In the Apartment v;ithout the
prior written consent of Management.

10. ANIMALS: Resident may not keep animals or pets of any kind in the Apartment without the written consent of
Management.

2 VERSION: June 20,2022 TM
62-HG-CV-24-78
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C. CONDITION OF APARTMENT

11. Management PROMISES: 1) Thai the Apartment and all common areas are fit for use as residential premises;
2) to keep the Apartment in reasonable repair and make necessary repairs within a reasonable time after written
notice by Resident except when damage is caused by the intentional or negligent conduct of the Resident or
his/her guests; 3) to maintain the Apartment in compliance with applicable health and safety codes except when
a violation of the health and safety codes has been caused by the intentional or negligent conduct of the
Resident or his/her guests; 4) to keep the common areas clean and in good condition.

12. RESIDENT PROMISES: 1) Not to damage or misuse the Apartment or waste the utilities provided by
Management or allow his/her guests to do so; 2) not to paint or wallpaper the Apartment, or make any structural
changes in the Apartment without the prior written consent of Management; 3} to keep the Apartment clean; 4)
to give written notice to Management of any necessary repairs to be made; 5) to notify Management
immediately of any conditions in the Apartment that are dangerous to human health or safety, or which may
damage the Apartment or waste utilities provided by Management; 6) that when Resident moves out, the
Apartment will be left in good condition, except for ordinary wear and tear; 7) not to remove any fixtures or
furnishing supplied by Management without the prior written consent of Management; 8) to cooperate with
Management’s efforts at pest control. This may include, among other things. Resident's emptying and cleaning
cabinets, drawers and closets, pulling furniture away from walls and allowing exterminator to enter and treat the
Apartment.

13. SECURITY DEPOSIT: Management may keep all or part of the security deposit: a) for damage to the Apartment
beyond ordinary wear and tear; and b) for rent or other money owed to Management.

14. DESTROYED OR UNLIVABLE APARTMENT: If the Apartment is destroyed or damaged so it is unfit to live in
due to any cause, Management may cancel this Lease immediately and may choose not to rebuild or restore the
Apartment. If the destruction or damage was not Resident’s fault and Management cancels this Lease, rent will
be pro-rated and the balance v;ill be refunded to Resident.

D. DURATION OF LEASE

15. FAILURE TO GIVE POSSESSION: If Management cannot provide the Apartment to Resident at the start of this
Lease, Resident cannot sue Management for any resulting damages but Resident will not start paying rent until
he/she gets possession of the Apartment.

16. MOVING OUT BEFORE LEASE ENDS: If Resident moves out of the Apartment before the DATE THIS LEASE
^ 1 V ENDS, Resident is responsible for rent and any other losses or costs including court costs and reasonable
attorney’s fees.
r

c
—^ ●
17. TERMINATION OF LEASE WITH SPECIFIED ENDING DATE: If Resident wishes to move out of the Apartment
on the DATE THIS LEASE ENDS, Resident must give Management prior written notice equal to the NOTICE
PERIOD. If Resident fails to give proper notice, Management may a) extend this Lease for one NOTICE
PERIOD and b) raise the rent, if Resident stays in the Apartment after the DATE THIS LEASE ENDS, with the
approval of Management, and Resident and Management have not renewed this Lease or entered in to a new
Lease, this Lease shall be extended under its original terms except a) the duration shall be changed to month-
to-month, and b) Management may raise the rent.

> 18. TERMINATION AND ALTERATION OF MONTH-TO-MONTH LEASE; When this Lease is month-to month.
Management and Resident may terminate this Lease only by giving the other party written notice equal to the
NOTICE PERIOD. A notice to cancel a Lease is effective on the last day of a month. Management may change
any of the terms of a month-to-month Lease, including the amount of rent, by giving Resident written notice at
ieast equal to the NOTICE PERIOD.

3 VERSION; June 20, 2022 TM
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19. MOVING OUT OF THE APARTMENT: Residentwillmoveoutof the Apartment when this Lease ends. If
Resident moves out after this Lease ends, Resident will be liable to Management for any resulting losses
including rent, court costs and reasonable attorney’s fees.

E. RIGHTS OF MANAGEMENT

20. EVICTION: If Resident violates any of the terms of this Lease, Resident may be evicted immediately and without
prior notice, if Resident is evicted but does not move out voluntarily. Management may bring an eviction action.
If Resident violates a term of this Lease but Management does not sue or evict Resident, Management may still
sue or evict Resident for any other violation of any term of this Lease. Under state law, a lawful seizure from any
Apartment of any illegal object or substance, including drugs, constitutes unlawful possession of the Apartment
by the Resident, and is grounds for an automatic eviction.

21. EVICTION AFTER PARTIAL PAYMENT OF RENT: It is expressly agreed to between Management and
Resident that, pursuant to Minn. Stat. §5046.291, subd.l(c), acceptance by Management of less than the full
amount of rent due from Resident does not waive Management’s right to recover possession of the rental
premises for nonpayment by Resident of balance of rent owed Management.

22. ATTORNEY’S FEES AND ENFORCEMENT COSTS: If Management brings any legal action against Resident,
Resident must pay Management’s reasonable attorney's fees, or other legal fees and expenses including fees
paid to a collection agency, expenses, and court costs even if rent is paid after the legal action is started.

23. MANAGEMENT’S RIGHT TO ENTER: Management or its authorized agents may enter the Apartment at any
reasonable time to inspect, improve, maintain or repair the Apartment, or do other necessary work, or to show
the Apartment to potential new Residents or buyers.

24. MANAGEMENT’S LEGAL RIGHTS AND REMEDIES: Management may use its legal rights and remedies in
any combination. By using one or more of these irghts or remedies, Management does not give up any other
rights or remedies it may have. Acceptance of rent does not waive Management’s irght to evict Resident for any
past or existing violation of any term of this Lease.

25. LEASE IS SUBJECT TO MORTGAGE: The Apartment building may be mortgaged or may be subject to a
contract deed. Resident agrees that the rights of the holder of any present or future mortgage or contract for
deed are superior to Resident’s rights. For example if a mortgage on the Apartment building is foreclosed, the
person who forecloses on the Apartment building may, at their option, terminate Resident’s Lease.

F. LIABILITY OF RESIDENT AND MANAGEMENT

26. DAMAGE OR INJURY TO RESIDENT OR HIS/HER PROPERTY: Management is not responsible for any
damage or injury that is done to Resident or his/her property, guests or their property that was not caused by
Management. Management strongly recommends that Resident obtain Renter’s Insurance to protect against
injuries or property damage.

27. ACTS OF THIRD PARTIES; Management is not responsible for the actions, orfor any damages, injury or harm
caused by third parties (such as other residents, guests, intruders or trespassers) who are not under
Management’s control.

28. RESIDENT SHALL REIMBURSE MANAGEMENT FOR: 1) Any loss, property damage, or cost of repair or
service (including plumbing problems) caused by negligence or improper use by Resident, his/her agents, family
or guests; 2) any loss or damage caused by doors or windows being left open; 3) all costs Management has
because of abandonment of the Apartment or other violations of this Lease by Resident, such as costs for
advertising the Apartment; and 4) all court costs and reasonable attorney's fees Management has in any suit for

4 VERSION: June 20, 2022 TM
62-HG-CV-24-78
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eviction, unpaid rent, or any other debt or charge.

29. WHEN PAYMENTS ARE DUE; Any amount owed by Resident is due when Management asks for it
Management does not give up its right to any money owed by Resident because of Management’s failure or
delay in asking for any payment. Management can ask for any money owed by Resident before or after
Resident moves out of the Apartment.

G. MISCELLANEOUS

30. FALSE OR MISLEADING RENTAL APPLICATION: if Management determines that any oral or written
statements made by Resident in the rental application or otherwise are not true or complete in any way, then
Resident has violated this Lease and may be evicted.

31. BUILDING RULES AND ATTACHMENTS ARE PART OF LEASE; NO ORAL AGREEMENTS: Any
attachments to this Lease are a part of Lease, if a term of any attachment conflicts with any term of this Lease,
the attachment term will be controlling. Management's building rules are a part of this Lease, and Management
may make reasonable changes in these rules at any time by giving Resident written notice. No oral agreements
have been made. This Lease and its attachments and any other written agreements are the entire agreement
between Resident and Management.

32. NOTICES: All Residents agree that notices and demands delivered by Management to the Apartment are
proper notice to all Residents, and are effective as soon as delivered to the Apartment.

5 VERSION: Jane 20,2022 TM
62-HG-CV-24-78
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LEASE ADDENDUM FOR CRIME FREE/DRUG FREE HOUSING

In consideration of the execution or renewal of a lease between Management and- Resident (“Lease”) for the dwelling unit
identified in the Lease, Management and Resident hereby agree as follows;

1. Resident, all members of Resident’s household, Resident's guests, and any other persons who may enter Resident’s
dwelling unit shall not engage in any illegal activity, including drug-related illegal activity, on or near the dwelling unit or
premises identified in the Lease (“Premises”). "Drug-related activity" means the manufacture, production, delivery,
distribution, dispensing, sale, purchase, possession or use of a controlled substance (as such terms are defined in Section
802 of the Controlled Substance Act (21 U.S.C. 802)) or the possession of drug paraphernalia.

2. Resident, all members of Resident’s household, Resident’s guests, and any other persons who may enter Residenfs
dwelling unit shall not engage in any act intended to facilitate ilieoal activity, including drug-reiated illegal activity, on or near
the Premises.

3. Resident, all members of Resident's household. Resident’s guests, and any other persons who may enter Residenfs
dwelling unit shall not permit the dwelling unit to be used for or to facilitate anv illegal activity, including drug-related illegal
activity, regardless of whether or not the individual engaging in such activity is a member of Residenfs household or a guest
or any other person who may enter Residenfs dwelling unit.

4. Resident and members of Residenfs household shall
not engage in the manufacture, production, delivery, distribution,
dispensing, sale, purchase, possession or use of illegal drugs at ^ location, whether on or near the Premises or
otherwise.

5. Resident, all members of Residenfs household, Residenfs guests, and any other persons who may enter Residenfs
dwelling unit shall not engage in acts of violence or threats of violence, including without limitation, the unlawful discharge of
firearms, prostitution, criminal street gang activity, intimidation, or any other breach of the Lease that otherwise jeopardizes
the health, safety, or welfare of Management, or its employees, representatives, or agents or other residents of or visitors to
the Premises.

6. RESIDENT ACKNOWLEDGES AND AGREES THAT A VIOLATION OF ANY OF THE ABOVE PROVISIONS
SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF THE LEASE AND
RESIDENT’S TENANCY.

It is understood and agreed that a single violation of any of the provisions of this Addendum shall be deemed a serious
violation and material non-compliance with the Lease and shall be good cause for termination of the Lease. Unless
otherwise provided by law, proof of anv such violation shall not require criminal conviction, but shall be by a
preponderance of the evidence.
7. In case of conflict between the provisions of this Addendum and any other provision of the Lease, the provisions of
this Addendum shall govern.

8. /TRi&^fkddendum is hereby incorporated into the Lease. Resident acknowledges receipt of this addendum by signature
of tl?iis doci^ent. ●" )
Wheelock Parkway Apartments Limited

fesib^rji Partnership
D/B/AVifbeelock Parkway Apartments
/

Resident Aut Horized Representative
L-

Resident Date

Resident

Version: March 21,2014 TM
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. .'
wr'

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Wheelock Parkway Apar Isil
ents Limited Partnership D/B/A Wh. 40ck Parkway Apartments

Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards

Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Leadfrom paint, paint chips, and dust can pose
health hazards ifnot managed properly. Lead exposure is especially harmfrl to young children and pregnant
women. Before renting pre-1978 housing, landlords must disclose the presence of /mown lead-based paint and
lead-based paint hazards in the dwelling. Tenants must also receive a Federally approved pamphlet on lead
poisoning prevention.

Lessor’s Disclosure

(a) Presence of lead-based and/or lead-based paint hazards (check (i) or (ii) below):

(i) Known lead-based paint and/or lead-based paint hazards are present in the housing, (explain)

(ii) X Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

(b) Records and reports available to tlie lessor (check (i) or (ii) below):

(i) Lessor has provided the lessee with all available records and reports peitaining to lead-based
paint and/or lead-based paint hazards in the housing (list documents below).

(ii) X Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint
hazards in tire housing.
Lessee’s Acknowledgement (initial)
(c)_iL Lessee has received copies of all information listed above.
(^) r~7' fr Lessee has received tlie pamphlet Protect Your Family from Lead in Your Home.

Agent’s Acknowledgment (initials)
(e) N/A Agent has infonned the lessor of the lessor’s obhgations under 42 U.S.C. 4852(d) and
is aware of his/her responsibility to ensure compliance.

Certification of Accuracy ^
The foilOAymg parties have rcviewfed the infoiination above and certify to the best of their knowledge, that the
infonnatiqh
/
provided
.
by tlie/signatoiy is true
● '"x /■●'
and accurate.
' . // / /T"
FuiyLO') i
Lessee ( Lessee Dale

■ Lessee Date Date

Lessee Date Lessor \ Dale

Version; March 18,2014 TM
62-HG-CV-24-78
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ANIMAL ADDENDUM

THIS ANIMAL ADDENDUM {“Addendum") is made pursuant to that certain Residential Lease, dated 04/04/2023. by and
between Resident and Management (“Lease’’) and is entered into this day of 05/01/2023 (“Effective Date”), by and between
Wheelock Parkway Apartments Limited Partnership D/B/A Wheelock Parkway Apartments (“Managemenf), and the
undersigned, for an on behalf of all of the Residents and Additional Occupants specified in the Lease (collectively,
“Resident").

WHEREAS, Resident and Management (collectively, “Parties”) have entered into the Lease, pursuant to which Resident is
given the irght to occupy Apartment No. 1590-301 (“Apartmenf) at Wheelock Parkway Apartments, located at 1609
Woodbridge St, Saint Paul, MN 55117-3662 (“Property"), in exchange for the payment of rent and other obligations set forth
therein.

WHEREAS, Resident desires to keep, and Management has agreed to allow Resident to keep, a domesticated animat that
is traditionally kept in the home at the pleasure and for the companionship of the occupants ("Animar) in the Apartment
under the terms and conditions set forth herein. Please note that the following are excluded from our community including
but not limited to the following: reptiles, rodents, wild animals, rabbits, ferrets, and restricted breeds.
/

By checking this box, resident agrees that there are no animals in household.

NOW, THEREFORE, for and in consideration of the irghts and covenants contained herein and other good and valuable
consideration, the Parties hereby agree as follows:

1, Subject to the terms and conditions of this Addendum and the Lease, Resident may keep the following described
Animal in the Apartment (“Resident’s Animal’’):

Animal Name Type Breed Age Color Weight

2. The term of this Addendum (“Term”) shall coincide with the term of the Lease. This Addendum shall commence on
the Effective Date and shall expire or terminate upon the expiration or termination of the Lease.

3. Upon execution of this Addendum and in addition to the security deposit specified in the Lease, Resident shall pay
an animal security deposit equal to $0.00 (“Animal Deposit") to Management to be held, refunded, and/or applied in the same
manner as the security deposit specified in the Lease, regardless of whether Resident's Animal dies or is otherwise removed
from the Property prior to the expiration of the Lease.

4. In addition. Resident shall pay a one-time, non-refundable fee in an amount equal to SQ.OO to Management for
administrative cost and expenses relating to Resident's Animal, payable upon execution of this Addendum. Moreover,
Resident agrees to pay a non-refundable fee in an amount equal to |0 each month during the Term, payable in advance on
the first day of the month.

5. Management shall have the irght to revoke and immediately terminate this Addendum and Resident’s right to keep
an Animal, including without limitation Resident’s Animal, in the Apartment and at the Property, if Management determines
that Resident and/or Resident’s Animal (a) fails to comply with the terms and conditions of this Addendum or the Lease; (b) is
neglected or treated inhumanely; (c) causes any damage to the Property, any injury to any other person or animal, or otherwise
acts in a threatening manner; or (d) interferes with another Resident's quiet enjoyment of such Resident’s apartment or the
common areas of the Property,

6. Resident shall comply with all policies, rules and regulations of the Property regarding animals and all local, state, or
federal laws, rules, and regulations that govern domesticated animals and/or Resident's Animal and shall not keep any animal
in the Apartment or at the Property in contravention of any such laws, rules or regulations.

7. Resident's Animal shall not be outside of the Apartment unless it is on a leash and in the custody of a responsible
person who is able to restrain and control Resident's Animal. Resident’s Animal shall not be in the common areas inside the
Version: March 19,2014 TM
62-HG-CV-24-78
Filed in District Court
State of Minnesota
1/23/2024 9:27 AM

Property (including without limitation, the hallways, laundry room, Property room, entryvvay, and offices) at anytime except for
the purpose of entering or exiting (he Property.

8. Resident shall promptly and thoroughly clean up after and properly dispose of all of Resident's Animal’s waste.
Resident’s Animal shall only urinate or defecate In areas designated, by Management. Without limiting the foregoing,
Resident’s Animal shall not urinate or defecate (a) anywhere inside any building at the Property, (b) v;ithin thirty (30) feet of
any exit or entrance to any such building, or (c) on any shrubbery, flower beds, trees or parking areas on Management’s
property and Resident shall immediately notify Management if Resident’s Animal urinates or defecates in any such areas.

9. Resident shall prevent Resident's Animal from barking or meowing excessively, for long periods of time, or loudly
while in the Apartment or at the Property and shall control all odors that may be attributable to Resident’s Animal.

10. Resident shall be responsible for all damage caused by Resident’s Animal to the Apartment or the Property, including
any furniture, fixtures, or other property located in the common areas of the Property or any other Resident’s leased space.
Resident shall pay for all of the costs to repair, replace, and/or recondition any such damaged property or items to
Management’s satisfaction. Moreover, Resident shall be solely responsible for all injuries caused by Resident’s Animal to
persons or other animals. Resident shall indemnify, defend and hold harmless Management for any and all such damage
and/or injuries caused by Resident’s Animal and such obligation shall survive the termination or expiration of this Addendum
and the Lease.

11. Upon Management’s request, Resident shall remove Resident’s Animal from the Apartment or otherwise restrain
Resident's Animal while Management or Management’s representatives or employees are lawfully present in the Apartment.
Resident acknowledges that Management staff and maintenance personnel will not enter or make repairs in the Apartment if
Resident’s Animal is not properly restrained or removed from the Apartment.

12. Resident agrees to remove Resident’s Animal from the Apartment and the Property within one (1) week of written
demand from Management, if Resident or Resident’s Animal violates this Addendum or the Lease. Without limiting the
foregoing. Resident shall remove Resident's Animal from the Property while Resident is away from the Apartment overnight
or for more than twenty (20) hours at a time.

13. Resident represents and warrants that Resident's Animal is properly licensed and has received all shots, medications
and inoculations required by local, state, and federal law. Prior to signing this Addendum, Resident shall provide to
Management written evidence that Resident’s Animal has a current license.

IN WITNESS WHEREOF, the Parties have executed this Addendum on the day and year first written above.
*v..

V /. >. Wheelock Parkway Apartments Limited Partnership
Resident -A D/B/AWheelock Parkway Apartments
<

Resident Authorized Representative'

Resident Date

Resident

Version: March 19, 2014 TM
62-HG-CV-24-78
Filed in District Court
State of Minnesota
1/23/2024 9:27 AM

MEDIA INFORMATION RELEASE FORM

TO: Wheelock Parkway Apartments Limited Partnership D/B/A Wheelock Parkway Apartments. The Goodman Group,
LLC, and/or any related or affiliated entities, including without limitation, any owners of communities, facilities and
businesses managed by The Goodman Group, LLC. and their respective officers, directors, partners, members,
employees, agents, affiliates and their successors and assigns (collectively, “Released Parties”)

RE: Any digital and/or otherwise depictive rendering, including without limitation, photographs, portraits, likeness
(through videotape, still photography, film, and/or any other medium), and the name, birthday (month and day
only), voice, and testimonials (written or otherwise) of the undersigned (collectively, “Media Information”)

FOR: Any and all newsletters, brochures, publications, printed materials, displays, DVDs, electronic presentations, web
sites and other information pieces developed by one or more of the Released Parties, including those for
distribution to the general public through televisions, radios, newspapers, magazines, newsletters, the. Internet or
other media (collectively, “Publications")

Iunderstand that, by signing below, I voluntarily authorize and give permission to the Released Parties to use, publish, and
distribute the Media Information, in whole or in part, in one or more Publications for any purpose, without restriction, that the
Released Parties deem appropriate, including without limitation, advertising and marketing for programs, goods, and
services of the Released Parties.

I have been advised, understand, and agree that (a) I will not have the opportunity to review the Media Information at any
time prior to its distribution; (b) if the Media Information is distributed, it will become public information and may
subsequently be reproduced, printed and/or distributed by other agencies, individuals or organizations; (c) I will n

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Document for Wheelock Parkway Apartments Limited Partnership vs James Epps, John Doe, Jane Doe

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