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Home My WebLink AboutC07-252 Norman & Yvonne Jean NunnEXHIBIT "C" RESIDENTIAL LEASE -BACK AGREEMENT BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION and NORMAN and YVONNE JEAN NUNN This Agreement is made and entered into this 201h day of April, 2007 between Eagle County Air Terminal Corporation, by and through its Board of Directors (hereinafter referred to as "Landlord") and Norman and Yvonne Jean Nunn (hereinafter referred to as " Tenants"). WITNESSETH: WHEREAS, Landlord purchased the Property from Tenants commonly known as 1473 Cooley Mesa Road in Gypsum, Colorado. Said purchase closed on April 20, 2007. WHEREAS, as consideration for said purchase, Landlord agreed to lease back said property to Tenants pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the terms and covenants stated herein, including the rental amount, the sufficiency of which is hereby acknowledged, Landlord and Tenants agree as follows: ARTICLE I Leased Premises Landlord hereby leases to Tenants, and Tenants hereby rent from the Landlord, the "Leased Premises," described as the residential structure at 1473 Cooley Mesa Road in Gypsum, Colorado. ARTICLE II Term The term of this Lease is for one (1) year from April 20, 2007 to April 19, 2008. This lease may be renewed for an additional one (1) year term upon the option of Tenants. Tenants shall exercise said option to renew by giving written notice to Landlord no sooner than 90 days and no later than 30 days prior to the expiration of the initial term. ARTICLE III Rent Tenants agree to pay Landlord a fixed amount of Ten (10) dollars as the full annual rental amount for each year term of this Agreement. ARTICLE IV Sublease/Assignments Tenants shall be allowed to sublet to no more than one (1) family during the term of this Agreement. Any sublease shall be subordinate to this Agreement and all subtenants shall be subject to the terms and conditions herein. Landlord may assign its rights and interests in this Agreement at any time for its convenience. ARTICLE V Use Tenants shall not permit any portion of the Premises to be used in a manner which may endanger the person or property of Landlord, subtenants or any person living on or near the Leased Premises. Tenants shall keep all portions of the Leased Premises in clean and habitable condition and will not make any alterations or additions to the Leased Premises without Landlord's written approval. ARTICLE VI Hold Harmless Tenants shall neither hold, nor attempt to hold Landlord, Eagle County, and their agents, contractors and employees liable for any injury, damage, claims or loss to person or property occasioned by any accident, condition or casualty to, upon, or about the Leased Premises including, but not limited to, defective wiring, the breaking or stopping of the plumbing or sewage upon the Premises, unless such accident, condition or casualty is directly caused by intentional or reckless acts or omission of Landlord. Notwithstanding any duty Landlord may have hereunder to repair or maintain the Leased Premises, in the event that the improvements upon the Leased Premises are damaged by the negligent, reckless or intentional act or omission of Tenants or any licensees, invitees, or subtenants, the Tenants shall bear the full cost of such repair or replacement. Tenants shall hold Landlord, Landlord's agents and their respective successors and assigns, harmless and indemnified from any and all injury, loss, claims or damage to any person or property while on the Leased Premises, which is occasioned by an act or omission of Tenants, Tenants' licensees, invitees or subtenants. Landlord is not responsible for any damage or destruction to Tenants' personal property. Tenants shall obtain renter's insurance at Tenants' sole discretion and expense. ARTICLE VII Utilities 1. Tenants shall pay all utilities for the premises including, but not limited to gas, electric, water, sewer, and trash disposal, telephone, cable, etc. for the Leased Premises. Tenants shall immediately terminate any utility or service agreement at the end of this lease term. 2 2. With regard to all utilities, it is mutually agreed that Landlord shall not be liable in damages or otherwise for any interruption or failure thereof. ARTICLE VIII Prohibited Uses 1. Tenants will not use, occupy, or permit the Leased Premises or any part thereof to be used or occupied for any unlawful or illegal business, use or purposes deemed by Landlord to be disreputable, or hazardous, not in such manner as to constitute a nuisance, nor for any purpose or in any way in violation of any present or future laws, rules, requirements, orders, directions, ordinance, or regulations of the United States of America, State of Colorado, County of Eagle or other municipal, governmental, or lawful authority whatsoever having jurisdiction. 2. No hazardous substances or materials are allowed on the Premises. Hazardous substances or materials are those which are identified by the State of Colorado or Federal law or regulation as any substance with hazardous material classification greater than one (1) for health, fire, or reactivity and/or specific hazard designation. ARTICLE IX Repairs, Alterations and Improvements 1. Tenants shall keep the Leased Premises, except for structural portions, in good order, condition and repair. 2. All reasonable alterations, improvements, and/or additions to the Leased Premises will only be done at Tenants' expense after obtaining Landlord's written consent. ARTICLE X Access to Premises Landlord and Landlord's authorized representative shall have the right to enter upon the Leased Premises at all reasonable hours (and in emergencies, at all times) to inspect the same, to make repairs, additions or alterations to the Premises and for any lawful purpose. Landlord agrees to provide Tenants with reasonable notice whenever Landlord deems it necessary to enter upon the Premises. ARTICLE XI Default Delinquency by Tenants in the performance of or compliance with any of the obligations of Tenants contained in this Agreement, for a period of ten (10) days after written notice thereof from Landlord, shall constitute a default of this Agreement by Tenants. 3 ARTICLE XII Termination 1. This Agreement may be terminated upon the occurrence of any of the following: Default of the Tenants in performance of their obligations hereunder; b. Written notification by Tenants that this Agreement will terminate for any reason whatsoever, with or without cause, specifying the date of termination. Said termination date shall be no sooner than thirty (30) days from the date of notification; Expiration of the stated term. 2. Upon the conclusion of this Agreement pursuant to this Article or pursuant to expiration of the stated term, Tenants shall peacefully surrender the Leased Premises to Landlord, and Landlord upon or at any time after any such expiration, may, without further notice, peaceably reenter the Leased Premises and take control of the same. ARTICLE XIII Waiver One or more waivers or any covenant or condition by Landlord shall not be construed as a waiver of a subsequent breach of the same or any other covenant or condition, and the consent or approval by Landlord to or of any act by Tenants requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or of any subsequent similar act by Tenants. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by Landlord. ARTICLE XIV Hold Over Tenants acknowledge that the term of this Agreement expires on April 19, 2008 or April 19, 2009 if the option to renew is exercised. However, if Tenants should remain in possession of the premises after the expiration of this Agreement term for whatever reason and without executing a new Agreement, then such holding over shall be construed as a tenancy form month to month, subject to all the conditions, provisions and obligation of this Agreement insofar as the same are applicable to a month to month tenancy. ARTICLE XV Notices 1. All notices to be given with respect to this Agreement shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid and return receipt requested, to the party to be notified at the following address or at such other address as either party may from time to time designate in writing. M Landlord Tenants Eagle County Norman and Yvonne Jean Nunn Attn: County Attorney P.O. Box 850 1473 Cooley Mesa Road Eagle, CO 81631 Gypsum, CO 81637 2. Every notice shall be deemed to have been given at the time it shall be deposited in the United States mail in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service such as a summons or other legal process. ARTICLE XVI Attorney's Fees and Waiver of Right to Jury In the event of any litigation or other action or proceeding between the parties hereto arising out of the performance of nonperformance of this Agreement, or enforcement of any rights or remedies hereunder, including any indemnities herein contained, the prevailing party shall be entitled in such litigation, action or proceeding to also recover as part of any judgment, award or other relief, its reasonable attorney's fees and costs incurred. Landlord and Tenants expressly waive any right which either may have to trial by jury of any dispute arising under the agreement relating to the issues of termination of this agreement and rights to possession of the Premises. ARTICLE XVII Entire Agreement and Amendments This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral or written statements, understandings or correspondences, if any, with respect thereto. This Agreement may be amended only by one or more Amendments executed in the same manner as this Agreement. ARTICLE XVIII Inconvenience During Construction and Airport Operations Tenants recognize that Landlord and/or Eagle County will be utilizing portions of the Property for road realignment and road construction work during the term of this Lease. Additionally, Tenants recognize that from time to time during the Term of this Agreement, it may be necessary for Landlord to commence or complete programs of construction, expansion, relocation, maintenance and repair on or about the Eagle County Regional Airport. Tenants acknowledge that such realignment, construction, expansion, relocation, maintenance, repair, and other airport operations may inconvenience the Tenants. However, Tenants agree that no liability shall attach to Landlord or Eagle County, its officers, agents, employees, contractors, subcontractors and representatives by way of such inconveniences, and Tenants waive any right to claim damages or other consideration therefrom. 5 ARTICLE XIX Miscellaneous Provisions 1. If any portion of this Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 2. This Agreement and all agreements herein contained shall bind the parties hereto and their heirs, personal representatives, successors and assigns. 3. This Agreement shall be construed in accordance with the laws of the State of Colorado. The Parties stipulate and consent to the exclusive jurisdiction and venue of the District Court, Eagle County, Colorado, in any civil action which might arise under this agreement. 4. The signatories below hereby represent and warrant that they have full authority to enter into this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. LANDLORD: EAGLE COV17TY AIR TERMINAL CORPORATION President TENANTS: NORMAN and YVONNE JEAN NUNN BY: Orman Nunn BY: vonne Jea . unn 2