HomeMy WebLinkAboutC11-352 Apartment Lease Unit D204 .
APARTMENT LEASE CONTRACT
This is a Binding Legal Document. If not understood, legal, tax or other counsel should be consulted before signing.
Date of Lease Contract: October, 2011
L PARTIES. This Lease Contract is between you, the resident (list all people signing the Lease
Contract): Rosa Gonzales (collectively "Resident ") and us, the owner of the apartment or its
authorized agent: Eagle County, Colorado ( "Owner "). Resident agrees to rent Apartment No. D
204at 1050 West Beaver Creek Boulevard, Sunridge II (street address) in Avon, Colorado 81620
(zip code), in Eagle County (the "Apartment "), for use as a private residence only. If anyone has
guaranteed performance of this Lease Contract, they also need to sign this Lease Contract
(collectively "Guarantors ").
2. OCCUPANTS. The Apartment will be occupied only by Resident and (list all other
occupants not signing the Lease Contract):
Rosa Gonzales
Rogelio Gonzales, husband
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No one else may occupy the Apartment without Owner's prior written consent, which consent
may be withheld in the sole discretion of the Owner and which, as a condition of being granted,
may require the submission of an application and the consent to a background check. A person
shall be considered to be occupying the Apartment if the person reasonably appears to be using
the Apartment as a place to live. Indications of occupancy shall include, but not be limited to:
coming and going to the Apartment with the use of a key, providing any third -party (including
the police) with the address of the Apartment as that person's residential address, receiving mail
at the Apartment, keeping clothes or personal effects at the Apartment, commonly being present
in the Apartment or common areas of the apartment community. A person may establish
unauthorized occupancy of the Apartment and thereby create a violation of this Lease Contract,
even if that person owns or leases other residential property. Resident is responsible for the
conduct of any and all occupants and guests. Any person in the common areas coming to or
from the Apartment shall be Resident's guest.
3. CONTRACT TERM. The initial term of the Lease Contract begins on the:
1st day of November, 2011, and ends at midnight the
31st day of October, 2012. Resident must give written move -out notice as required by paragraph
4.
4. NOTICE TO QUIT AND HOLDOVER. Resident agrees, at least thirty (30) days prior to
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the expiration of the term, to give written notice to Owner of Resident's intention to vacate the
Apartment at the end of the term of the Lease Contract. If such notice is not timely given,
Resident shall be liable for and agree to pay Owner the rent due for the following month if the
apartment is not re- rented. Owner is not obligated to give 30 days notice. Owner must give the
appropriate notice provided for in the Colorado Revised Statutes, which in some cases is as little
as 3 days notice. In the event that Resident holds over the Apartment after the term of the Lease
Contract, the tenancy shall be deemed a month -to -month residency at an increased monthly
rental rate if Owner gives written notice to Resident of such rental rate increase at least 45 days
prior to the effective date of the rental rate increase. All other provisions of the Lease Contract,
including the provision requiring Resident to give at least 30 days' notice of Resident's intention
to vacate, shall remain in full force and effect. Regardless of the number of days in a month,
Resident agrees that notices tendered after the first day of any month shall not be effective to
terminate this Lease Contract until the last day of the following month (example: notice received
on June 3 will not terminate lease until July 31).
5. SECURITY DEPOSIT.
A. Resident has deposited with Owner the sum of $1,000 security deposit against the breach
of any of Resident's covenants and agreements contained herein, including without limitation:
damage to the building of which the Apartment is a part, common areas and buildings owned by
Owner and surrounding or adjacent to the building which the Apartment is a part, furniture,
fixtures, appliances, and carpet; abandonment of the Apartment; nonpayment of rent, late
charges, insufficient check charges, and attorneys' fees.
B. The security deposit or other like amounts received by Owner from Resident pursuant to
this Lease Contract will be held and disbursed subject to the terms of this Lease Contract and
law. In the event Owner appoints his agent, broker, or manager to hold and disburse said funds,
Resident hereby consents to such appointment. In the event of a sale of the Apartment by Owner,
upon Owner's compliance with the applicable law, Resident will look solely to the successor
owner, or said owner's agent, broker or manager, as the case may be, for satisfaction of all claims
relating to said security deposit, and shall not look to original Owner. It is agreed that The Valley
Home Store shall initially hold the security deposit, subject to further assignment, as authorized.
6. KEYS. Resident will be 2 apartment keys, 0 mailbox key(s), _0 garage
door openers, and 0 other keys for _D204 . KEYS MUST NOT BE
DUPUCATED. Any Resident or occupant who has permanently moved out according to a
remaining Resident's affidavit is (at Owner's option) no longer entitled to occupancy or keys.
7. RENT; CHARGES. Resident shall pay $1,000 per month for rent, payable in advance and
without demand: (check one) at the on -site manager's office, or X at
The Valley Home Store, LLC.
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Resident must pay rent on or before the 1st day of each month (due date) with no grace period.
Owner may, at Owner's option, require at any time that Resident pay all rent and other sums in
certified or cashier's check, money order, or one monthly check, rather than multiple checks.
However, cash is unacceptable without Owner's prior written permission. Prorated rent to the
first of the next month is $ N/A . If Resident doesn't pay rent or other charges on time,
all remedies under this Lease Contract will be authorized. If Resident doesn't pay all rent on or
before the 5th day of the month Resident shall pay an initial late charge of $25 plus
a late charge of $25 day until paid in full. Resident shall pay a charge of
$ 25 for each returned check, plus initial and daily late charges from due date until
Owner receives acceptable payment. Resident may not withhold or offset rent for any reason.
The Apartment will be: furnished; or X unfurnished.
8. UTILITIES. Resident shall pay for the following items, if checked: water; gas;
X electricity; X cable TV; wastewater; trash;
master antenna.
Resident shall pay for all other utilities, related deposits, connect and disconnect fees, and
charges on utility bills delivered to the Apartment or connected in Resident's name or during
Resident's tenancy. Resident must not allow utilities to be disconnected - including disconnection
for not paying bills - until the Lease Contract term or renewal period ends. Owner, at Owner's
option, may pay any past due utility bill on behalf of Resident add the amount paid to the balance
due by Resident under this Lease Contract and proceed against and utilize all remedies available
against Resident for nonpayment of amounts due under this Lease, including termination of the
right of possession and the accruing of late fees on the amounts advanced. Cable channels that
Owner provides, if any, may be changed during the Lease Contract term. Utilities may be used
only for normal household purposes and must not be wasted. If electricity is ever interrupted, use
only battery- operated lighting. Owner does not warrant, represent or guarantee that utility
services will be uninterrupted during the tern this Lease Contract. To the extent an interruption of
utilities is within the control of the Owner, Owner shall use reasonable efforts to restore
interrupted utility service. In the event a utility provider bills Owner for utilities associated with
the Apartment which are combined with utilities for other apartments within the apartment
community, Owner may allocate those utility charges between the various apartments using a
formula based on sub - metering, comparative square footage, number of bedrooms, or number of
bathrooms, at the choice of Owner and Owner shall be free to change the method of allocation
during the term of this Lease Contract. Additionally, Owner or a third -party billing service may
charge a reasonable monthly fee for the cost of administering and billing any shared utility
charges.
9. INSURANCE. Owner does not warrant, represent or guarantee the safety of Resident's
personal property. Resident hereby releases Owner from any and all claims for damage or
loss to Resident's personal property and shall indemnify and hold Owner harmless,
including Owner's attorney fees and costs, from any claims associated with Resident's
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personal property regardless of by whom such claims have brought, including Resident's
insurer. Owner advised Resident to obtain insurance for losses due to theft, fire, smoke,
water damage, and the like. OWNER'S INSURANCE POLICIES PROVIDE NO
COVERAGE FOR RESIDENT'S PROPERTY, INCLUDING RESIDENT'S
AUTOMOBILE.
10. DELAY OF OCCUPANCY. If occupancy is or will be delayed for construction, repairs,
cleaning, or a previous resident's holding over, Owner shall not be liable to Resident for the
delay. The Lease Contract will remain in force subject to: (1) abatement of rent on a daily basis
during delay, and (2) Resident's right to terminate as set forth below. If the delay is longer than
9 days, Resident shall have the right to terminate this Lease Contract (if no date is filled
in, it shall mean 7 days). The termination notice must be in writing. After termination, Resident
is entitled only to a refund of the deposit(s) and any rent paid. Rent abatement or Lease Contract
termination does not apply if delay is for cleaning or repairs that don't prevent Resident from
occupying the Apartment.
11. COPIES AND ATTACHMENTS. This Lease Contract has been executed in multiple
copies -one for Resident and one or more for Owner. By signing the Lease Contract, Resident
acknowledges the receipt of a copy of the Lease Contract and all its attachments. Resident should
retain a copy of the Lease Contract and all attachments.
12. REIMBURSEMENT FOR REPAIRS. Resident shall promptly reimburse Owner for all
loss, damage, or cost of repairs or service in the Apartment or to the exterior of the Apartment
regardless of the cause or by whom damaged, except for damage caused by the Owner or which
is the result of ordinary wear and tear. Resident shall promptly reimburse Owner for loss,
damage or cost of repairs or service caused anywhere in the apartment community by Resident
or any guest's or occupant's improper use or negligence. Owner may require payment at any
time, including advance payment of repairs for which Resident is liable. Any delay in Owner
demanding sums owed shall not be a waiver.
13. RENT INCREASES AND LEASE CONTRACT CHANGES. No rent increases or Lease
Contract changes are allowed before the initial Lease Contract term ends, except for changes
allowed by any signed written addendum or by reasonable changes of apartment rules. If, at least
45 days before the Lease Contract term or renewal period ends, Owner gives Resident written
notice of rent increases or Lease Contract changes effective when the Lease Contract term or
renewal period ends, this Lease Contract will automatically continue month -to -month with the
increased rent or Lease Contract changes. The new modified Lease Contract will begin on the
date stated in the notice (without the necessity of Resident's signature) unless Resident give
Owner 30 -days written move out notice (under paragraph 4).
14. DISCLOSURE RIGHTS. Owner may disclose the identities and addresses of Resident and
all occupants to any requesting law enforcement or other governmental agency, including the
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U.S. Census Bureau. Owner shall not be obligated to disclose any information to any other third -
party. At Owner's option, Owner may disclose information regarding rental history if requested
or authorized by Resident in writing.
15. COMMUNITY POLICIES AND RULES. Resident and all guests and occupants must
comply with this Lease Contract, written apartment rules and community policies, including
instructions for care of the property. Owner's rules are a part of this Lease contract. Owner may
make reasonable changes to written rules, effective immediately, if distributed and applicable to
all units in the apartment community.
16. CONDUCT. The Apartment and other areas reserved for Resident's private use must be
kept clean and sanitary. Trash must be disposed of at least weekly in appropriate receptacles in
accordance with local ordinances. Passageways may be used only for entry or exit. Swimming
pools, saunas, hot tubs, tanning beds, exercise rooms, storerooms, laundry rooms, and similar
areas must be used with care in accordance with apartment rules and posted signs. Glass
containers are prohibited in or near pools and other common areas. Owner may regulate: (1) the
use of patios, balconies, and porches, including the prohibition of the storage or use of barbeque
grills and flammable substances; (2) the conduct of furniture movers and delivery persons; and
(3) recreational activities in common areas. Resident shall be liable to Owner for damage caused
by Resident or any guests, agents, or occupants.
Owner may exclude guests or others who, in Owner's judgment, have been violating or about to
violate the law, violating or about to violate this Lease Contract or any apartment rules, or
disturbing other residents, neighbors, visitors, or Owner representatives. Owner may also
exclude from any common area a person who refuses to show photo identification or refuses to
identify himself or herself as a resident or as a guest of a specific resident in the community.
Sidewalks, steps, entrance halls, walkways and stairs shall not be obstructed or used for any
purpose other than ingress or egress. Guests of Resident shall be considered a licensee for the
purposes of 13 -21 -115, C.R.S. and any subsequent enactments.
THERE IS NO IMPLIED COVENANT OF QUIET ENJOYMENT OR WARRANTY OF
HABITABILITY OF THE APARTMENT ASSOCIATED WITH THIS LEASE. OWNER
DOES NOT REPRESENT OR WARRANT THE BEHAVIOR OF ANY THIRD -
PARTIES, INCLUDING OTHER RESIDENTS AND AOCCUPANTS OF THE
APARTMENT COMMUNITY AND DOES NOT REPRESENT THE CONDITION OF
THE APARTMENT TO BE ANYTHING OTHER THAN AS IS.
17. PROHIBITED CONDUCT. Resident and all occupants or guests may not engage in the
following prohibited activities, loud or obnoxious conduct, including unreasonable odors;
disturbing or threatening the rights, comfort, health, safety, or convenience of others in or near
the apartment community, including unreasonably hostile communications with the Owner or the
Owner's representatives, including unreasonable foul language; possessing, selling, or
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manufacturing illegal drugs or drug paraphernalia; engaging in or threatening violence;
possessing a weapon prohibited by Colorado Law; discharging a firearm in the apartment
community; displaying or possessing a gun, knife, or other weapon; acts prohibited by statute,
ordinance or rules and regulations of any government entity or homeowner association; conduct
which results in the issuance of a nuisance letter or notification of violation from any
governmental agency; soliciting business or contributions; using the Apartment for other than
residential use to include operating a business or childcare service; storing anything in closets
having gas appliances; tampering with utilities; bringing hazardous materials into the apartment
community, having or using glass containers in the pool area; and using candles or kerosene
lamps.
18. MOTOR VEHICLES. Owner IS NOT RESPONSIBLE FOR THE SAFETY OF OR
DAMAGE TO Resident's or any occupants' or guests' automobiles. Owner may regulate the
time, manager, and place of parking cars, trucks, motorcycles, bicycles, boats, trailers, and
recreational vehicles. Owner may have vehicles parked in violation of the Lease Contract, rules
or posted signs towed off the premises by the Owner or hired towing company at the vehicle
owner's expense, with or without prior notice. A vehicle is prohibited in the apartment
community and may be immediately towed, without prior notification of any kind, if the vehicle:
(1) is parked in a marked handicap space without the legal required handicap insignia; (2) blocks
another vehicle from exiting; (3) is parked in a fire lane or designated "no parking" area; or (4) is
parked in a space marked for other resident(s) or unit(s).
A vehicle is prohibited in the apartment community and may be towed after posting a 24 -hour
notice in a conspicuous place on the vehicle indicating the Owner's intent to tow said vehicle, if
the vehicle; (1) is abandoned, unlicensed, derelict, inoperable; (2) has flat tires or other
conditions rendering it inoperable; (3) has an expired license or inspection sticker; (4) takes up
more than one parking space; (5) belongs to a Resident or occupant who has surrendered or
abandoned the Apartment; or (6) is the type of vehicle prohibited below, and Resident has failed
to obtain Owner's prior written consent. In the event the Owner is fined or incurs any cost
associated with Resident's or an occupants' or guests' automobiles, Resident shall immediately
reimburse Owner for such amounts.
Resident further agrees not to store and/or park any trailer, camper, boat or any other similar
recreational item or vehicle in the apartment community without the written consent of the
Owner. Resident agrees not to store and /or park any commercial or public vehicle in the
apartment community under any conditions. Resident further agrees not to make any repairs of
the aforementioned motor vehicle and/or recreational items in the apartment community without
the written consent of the Owner.
19. RELEASE OF RESIDENT. Unless Resident is given a written release, Resident shall not
be released from this Lease contract for any reason, including but not limited to voluntary or
involuntary school withdrawal or transfer, voluntary or involuntary business transfer, marriage,
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separation, divorce, reconciliation, loss of co- residents, loss of employment or bad health.
Resident further understand that in the event that Resident dies while residing at the property,
Owner shall only be obligated to release information and property as set forth in the Colorado
Probate Code.
20. RESIDENT SAFETY AND PROPERTY LOSS. Resident and all occupants and guests
must exercise due care for their own and others' safety and security, especially in the use of
smoke detectors, dead bolt locks, keyless bolting devices, window latches, and other security
devices.
Smoke Detectors. Owner will furnish smoke detectors if required by statute, and provide
working batteries when Resident first takes possession. After that, Resident shall pay for and
replace batteries as needed, unless the law provides otherwise. Owner may replace dead or
missing batteries at Resident's expense, without prior notice to Resident. Resident must
immediately report smoke - detector malfunctions to Owner. Neither Resident nor others may
disconnect smoke detectors. Resident will be liable to Owner and others for any loss or damage
from fire, smoke, or water if that condition is contributed to by Resident disconnecting or failing
to replace batteries or by Resident not reporting malfunctions.
Casualty Loss. Owner shall not liable to any Resident guest or occupant for personal injury or
damage or loss of personal property from fire, smoke, rain, food, environmental problems, water
leaks, hail, ice, snow, lightning, wind, explosions, and interruption of utilities, unless that injury
or damage is caused by Owner's negligence. Owner shall have no duty to remove any ice, sleet,
or snow, but may remove any amount with or without notice. Unless instructed otherwise,
Resident shall for 24 hours a day during freezing weather — (1) keep the Apartment heated to at
least 50 degrees; (2) keep cabinet and closet doors open; and (3) drip hot and cold water faucets.
Resident shall not leave appliances, other than furnaces or air conditions, or water running
unattended. Resident shall be liable for damage to Owner's and others' property if damage is
caused by broken water pipes due to Resident's violating these requirements.
Crime or Emergency. Dial 911 or immediately call local fire, police, or EMS authorities in
case of fire, smoke, or suspected criminal activity involving immediate harm. Resident shall
then contact Owner's representative. Resident shall not treat any of Owner's security measures
as an express or implied warranty of security or as a guarantee against crime or of reduced risk of
crime. Any security measure undertaken by Owner shall be for the benefit of Owner and for the
exclusive purpose of protecting Owner's property and shall not be relied upon by Resident.
Owner shall not be liable to Resident or any guests or occupants for injury, damage, or loss to
person or property caused by criminal conduct of other persons, including theft, burglary,
assault, vandalism, or other crimes. Owner shall not be obliged to furnish security personnel,
security lighting, security gates or fences, or other forms of security unless required by statute.
Owner shall not be responsible for obtaining criminal - history checks on any Residents,
occupants, or guests in the apartment community. If Resident or any occupant or guest is
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affected by a crime, Resident shall make a written report for Owners' representative and for the
appropriate local law- enforcement agency. Resident shall also furnish Owner with the law -
enforcement agency's incident report number upon request.
Registered Sex Offender List: No person, including but not limited to Resident, or any
occupant, shall register the address of the Apartment on any list of registered sex offenders or
predators or similar compilation. Owner does not warrant, represent or guarantee whether other
persons residing in or near the complex appear on any list of sex offenders and shall not be
obligated to monitor or disseminate any compilations of registered sex offenders or other
criminals. If Resident desires to obtain a copy of the list of convicted sex offenders in the area,
Resident must obtain a copy from the local police, sheriff or other public record.
21. CONDITION OF THE APARTMENT AND ALTERATIONS. Resident accepts the
Apartment, fixtures, and furniture, as is. Owner disclaims all implied warranties. Within 48
hours after move in, Resident shall advise Owner of all defects or damage. Otherwise,
everything will be considered to be in clean, safe, and good working condition. Resident shall
maintain and prevent the Apartment from violating any local building or housing code and shall
indemnify and hold the Owner harmless from any and all claims or demands of any third party,
including any governmental authority, based on an allegation that the Apartment is in violation
of a code or ordinance and shall immediately restore the Apartment to a condition that complies
with the code or ordinance. Resident shall keep the Apartment free from mold and shall
immediately report the presence of mold or sources of moisture to Owner.
Resident shall use customary diligence in maintaining the Apartment and common areas. Unless
authorized by Owner in writing, Resident shall not perform any repairs, painting, wallpapering,
carpeting, electrical changes, or otherwise alter the Apartment or the common areas. No holes or
stickers are allowed inside or outside the Apartment. Owner may permit a reasonable number of
small nail holes for picture hanging in sheetrock walls and grooves of wood - paneled walls. No
water furniture, antennas, additional phone or TV -cable outlets, alarm systems, or lock changes,
additions, or re- keying is permitted unless consented to by the Owner in writing. Resident shall
not alter or remove property, including alarm systems, smoke detectors, furniture, telephone and
cable TV wiring, screens, locks and security devices. Owner shall supply light bulbs for fixtures
furnished at lease inception, after that, Resident shall replace them at Resident's expense with
bulbs of the same wattage. Resident's improvements to the Apartment (whether or not Owner
consents) become Owner's unless Owner agrees otherwise in writing.
22. REQUESTS, REPAIRS AND MALFUNCTIONS.' ALL NOTICES AND REQUESTS FOR
REPAIRS, INSTALLATIONS, OR SERVICES, OR SECURITY RELATED MATTERS
MUST BE IN WRITING TO THE OWNER'S DESIGNATED REPRESENTATIVE (except in
emergencies involving immediate danger to person or property, such as fire, gas, smoke,
overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress).
Owner's complying with or responding to any oral request does not waive the strict requirement
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for written notices under this Lease Contract. Resident shall promptly notify Owner in writing of
water leaks; electrical problems; broken or missing locks, or latches; and other conditions that
pose a hazard to property, health, or safety. Owner may change or install utility lines or
equipment serving the Apartment if the work is done reasonably. Owner may turn off equipment
and interrupt utilities as needed to avoid property damage or to perform work. If utilities
malfunction or are damaged by fire, water, or similar cause. Resident shall notify Owner's
representative immediately. If air conditioning or other equipment malfunctions, Resident shall
notify Owner's representative as soon as possible on a business day. Owner shall act with
customary diligence to make repairs and reconnection, taking into consideration when casualty
insurance proceeds are received. Rent will not abate. If Owner considers fire or catastrophic
damage substantial, Owner may terminate this Lease contract within a reasonable time by giving
Resident written notice. If the Lease contract is so terminated, Owner shall refund prorated rent
and all deposits, less deductions.
23. PETS. No pets are allowed (even temporarily) anywhere in the Apartment or apartment
community unless Owner has so authorized in writing, except for service animals of disabled
persons. If Owner allows a pet, Owner may require Resident to sign a separate pet agreement.
Pet prohibitions apply to all mammals, reptiles, birds, fish, rodents, and insects. Resident must
not feed stray animals. If Resident, any guest or occupant violates pet restrictions (with or
without Resident's knowledge), Resident shall be subject to the charges, damages, eviction, and
other remedies provided in this Lease Contract. A pet deposit is considered a general security
deposit and Owner may apply it to any amount due under the Lease Contract. Owner may
require a written statement of need from an appropriate doctor for a service animal for disabled
persons. If a pet has been in the Apartment at any time during the term of occupancy (with or
without Owner's consent), Owner may charge Resident for defleaing, deodorizing, or
shampooing to protect future Residents for possible health hazards.
24. WHEN WE MAY ENTER. If Resident or any guest or occupant is present, then Resident
shall allow repairers, servicers, or Owner's representatives to peacefully enter the Apartment at
reasonable times for the purposes listed in (2) below. If nobody is in the Apartment, then
repairers, servicers, or Owner's representatives may enter peacefully and at reasonable times by
duplicate or master key (or by breaking a window or other means if locks have been changed in
violation of this Lease Contract) if:
(1) written notice of the entry is left in a conspicuous place in the Apartment immediately after
the entry; and
(2) entry is for: responding to Resident's request; repairs; estimating repair or refurbishing costs;
pest control; preventative maintenance; filter changes; testing or replacing smoke - detector
batteries; retrieving tools or appliances; preventing waste of utilities; delivering, installing,
reconnecting, or replacing appliances, furniture, equipment, or security devices; removing or
rekeying unauthorized security devices; stopping excessive noise or other disturbances;
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removing health or safety hazards (including hazardous materials) and items prohibited under
Owner's rules; retrieving property owned or leased by former residents; inspections; entry by a
law enforcement officer with or without a search or arrest warrant or in hot pursuit; showing the
Apartment to prospective Residents (after move -out or vacant notice has been given); or showing
the Apartment to government inspectors, fire marshals, lenders, appraisers, prospective buyers,
or insurance agents.
25. MULTIPLE RESIDENTS OR OCCUPANTS. Each Resident is jointly and severally
liable for all Lease Contract obligations. If Resident or any guest or occupant violates the Lease
Contract or rules, all Residents are considered to have violated the Lease Contract. Owner
requests and notices (including sale notices) to any Resident constitute notice to all Residents
and occupants. Notices and requests from any Resident or occupant (including notices of Lease
Contract termination, repair requests, and entry permissions) constitute notice from all Residents.
In eviction suits, any one of multiple Residents is considered the agent of all other Residents in
the Apartment for service of process. Security deposit refunds may be by one check jointly
payable to all Residents; the check and any deduction itemizations may be mailed to any one
Resident only.
26. REPLACEMENTS AND SUBLETTING. Replacing a Resident or subletting is allowed
only when Owner consents in writing, which consent may be withheld in Owner's sole and
absolute discretion. If departing or remaining Residents procure a replacement resident
acceptable to Owner before moving out and Owner expressly consents to the replacement or
subletting, then a reletting or administrative fee may be due; and Resident will remain liable for
all Lease Contract obligations for the rest of the original the Lease Contract.
Credits. Owner shall credit all subsequent rent the Owner actually receives from replacement or
subsequent residents against Residents liability for past -due and future rent. If Resident moves
out early, Owner shall exercise customary diligence to relet.
Procedures. If Owner approves a replacement resident, then Owner may, at Owner's option,
require that either: (1) the replacement resident sign this Lease Contract with or without an
increase in the total security deposit;' or (2) the remaining and replacement residents sign an
entirely new Lease Contract. Unless we agree otherwise in writing, Resident's security deposit
will automatically transfer to the replacement resident as of the date of Owner approval. The
departing Resident will no longer have a right of occupancy or to a security deposit refund, but
will remain liable for the rest of the original Lease Contract term unless agreed otherwise in
writing.
27. DEFAULT BY OWNER. Owner shall act with customary diligence to: (1) keep common
areas reasonably clean; (2) maintain fixtures, furniture, hot water, heating and AC equipment, as
applicable, and; (3) make all reasonable repairs, subject to Resident's obligation to pay in
advance for damages for which Resident is responsible pursuant to this Lease Contract;
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If Owner violates any of the above, (a) Resident must make a written request for repair or
remedy of the condition, and all rent must be current at the time; (b) after receiving the request,
Owner shall have a reasonable time to repair, considering the nature of the problem and the
reasonable availability of materials, labor, and utilities; (c) if Owner hasn't diligently tried to
repair within a reasonable time and the requested repair is necessary for the Apartment to be
habitable, Resident must then give Owner written notice of intent to terminate the Lease
Contract unless the repair is made within 7 days; and (d) if repair hasn't been made within a
reasonable time and still remains unrepaired after the 7 day notice period and the requested
repair is necessary for the Apartment to be habitable, Resident may terminate the Lease Contract
by immediately moving out of the Apartment, but in no event is Resident allowed to off -set or
withhold rent. Owner's failure to provide or maintain any recreational, laundry or other facility or
common area, or to repair any property or premises, shall not constitute a breach of this Lease
Contract by Owner. Owner may temporarily or permanently alter, change or remove any
common area or amenity during the term of this Lease Contract.
28. DEFAULT BY RESIDENT. Resident shall be in default if (1) Resident fails to pay rent or
other amounts provided by this Lease Contract when due; (2) Resident or any guest or occupant
violates this Lease Contract, apartment rules, or fire, safety, health, or criminal laws, regardless
of whether arrest or conviction occurs; (3) Resident abandons the Apartment; (4) Resident gives
or gave incorrect or false information in a rental application; (5) Resident or any occupant is
arrested for a criminal offense involving actual or potential physical harm to a person, or
involving possession, manufacture, or delivery of a controlled substance, marijuana, or drug
paraphernalia as defined in Colorado Law; or (6) any illegal drugs or paraphernalia are found in
the Apartment. If in default, Owner may exercise one or more of the following remedies,
without limiting any other right or remedy:
Eviction. If Resident defaults, we may end Resident's right of occupancy by giving the notices
required by Colorado Law and exercising all legal rights. Notice may be by: (1) personal
delivery to any Resident; (2) personal delivery at the Apartment to any occupant over 18 years
old; or (3) affixing the notice to the Apartment's main entry door. Termination of possession
rights or subsequent reletting doesn't release Resident from liability future rent. After giving
notice to vacate or filing an eviction suit, we may still accept rent or other sums due; the filing,
or acceptance doesn't waive or diminish Owner's right of eviction or any other contractual or
statutory right. Accepting money at any time doesn't waive Owner's right to damages, past or
future rent, or other sums.
Reletting Charge. If owner takes possession of the Apartment because Resident fails to give
30 -day written move -out notice; Resident moves out without Owner's written approval and
without paying rent in full for the entire Lease Contract term or renewal period; Resident moves
out at Owners demand because of Resident's default; a judgment for possession is entered
against Resident; or Resident refuses to take possession of the Apartment resulting in a breach of
this Lease contract, Owner will charge Resident $200 as a reletting charge, which is neither a
Lease Contract cancellation fee nor a buyout fee, does not release Resident form continued
liability for future or past -due rent, cleaning, repairing, repainting, lock changes, or other sums
due. Rather, the reletting charge is to reimburse Owner for Owner's damages for Owner's time,
effort, and expense in finding and processing a replacement tenant, advertising, showing
Apartments, utilities for showing, checking prospects, office overhead, marketing costs, and
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locator service fees. The reletting charge is an estimate by Resident and Owner of the reasonable
and anticipated costs of reletting and is intended to serve as liquidated damages. The reletting
charge is due whether or not Owner's reletting attempts succeed.
Acceleration. All monthly rent for the rest of the Lease Contract term or renewal period shall be
accelerated automatically without notice of demand (before or after acceleration) and will be
immediately due and delinquent if, without Owner's written consent: (1) Resident moves out,
removes property in preparing to move out, or gives oral or written notice (by Resident or any
occupant) of intent to move out before the Lease Contract term or renewal period ends; and (2)
Resident has not paid all rent for the entire Lease Contract term and renewal period. Such
conduct is considered a default for which Owner need not give Resident notice. Remaining rent
will also be accelerated if a judgment for possession enters against Resident or Resident moves
out when Owner demands possession because of a default. Owner's right to accelerate is in lieu
of having rent for the entire term payable when the Lease Contract begins.
Attorney Fees and Other Remedies. Owner may report unpaid amounts to credit or collection
agencies. Upon default, Owner shall have all other legal remedies, including Lease Contract
termination. Resident hereby agrees that in the event of the retention, employment or use of an
attorney by Owner because of any violation or breach of any covenant or provision of this Lease
Contract. Resident shall pay Owner's attorney fees, all of which shall be considered additional
rent. Resident shall be responsible for said fees whether or not litigation is actually commenced,
and Resident shall be responsible for said fees because of any breach by any occupant or guest.
If Resident's account is placed for eviction or collection, Owner may recover all costs of eviction
or collection, including a reasonable sum for attorney fees, whether or not a suit is filed. Late
changes are liquidated damages for Owner's time, inconvenience, and overhead in collecting late
rent (but are not for attorney's fees and litigation costs). All unpaid amounts bear 1 8% interest
per year from due date, compounded monthly. Resident shall pay all collection agency fees in
addition to the amounts that are due under this Lease Contract.
29. INTERPRETING THIS LEASE CONTRACT. Neither Owner nor any of Owner's
representatives have made any oral promises, representations, or agreements. This Lease
Contract is the entire agreement. Owner's representatives (including management personnel,
employees and agents) have no authority to waive, amend, or terminate this Lease Contract or
any part of it, and no authority to make promises, representations, or agreements that impose
security duties or other obligations on Owner or Owner's representatives unless in writing. All
notices and documents shall be in English or, at Owner's option, in any language that Resident
reads or speaks. No action or omission of Owner's representative will be considered a waiver of
any subsequent violation, default, or time or place of performance. Owner not enforcing or
belatedly enforcing written notice requirements, rental due dates, acceleration, liens, or other
rights isn't a waiver under any circumstances. Exercising one remedy shall not constitute an
election or waiver of other remedies. All remedies are cumulative. No employee, agent, or
management company is personally liable for any of Owner's contractual, statutory, or other
obligations merely by virtue of acting on Owner's behalf. Neither an invalid clause, nor the
omission of initials invalidates this Lease Contract. All provisions regarding Owner's non-
liability and non -duty apply to Owner's employees, agents, and management companies. This
Lease Contract is subordinate to existing and future recorded mortgages. All Lease Contract
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obligations must be performed to the county where the Apartment is located. Resident shall not
record this Lease Contract.
30. PAYING SUMS DUE. Payment of all sums is an independent covenant. At Owner's
option and without notice, Owner may apply money received first to non -rent obligations, then to
rent, regardless of notations on checks or money orders and regardless of when the obligations
arise. All sums other than rent (which is due on the first day of each month without demand) are
due upon Owner's demand. After the due date and any cure period provided by state law; Owner
does not have to accept the rent or any other payments.
31. MOVE -OUT PROCEDURES. Once a move -out date is established by the written notice
required of Resident or Owner by this Lease Contract, the move -out date can't be changed unless
agreed in writing. Resident shall not move out before the Lease Contract term or renewal period
ends unless all rent for the entire Lease Contract term or renewal period is paid in full. Early
move -out may result in acceleration of future rent and reletting charges. Before moving out,
Resident shall pay all rent through the end of the Lease contract term or renewal period.
Resident won't stay beyond the date Resident is supposed to move out. Resident shall give
Owner and U.S. Postal Service, in writing, each Resident's forwarding address.
32. CLEANING. Resident shall thoroughly clean the Apartment, including doors, windows,
furniture, bathrooms, kitchen appliances, patios, balconies, and storage rooms at the time of
move -out. Resident shall follow Owner's move -out cleaning instructions. If Resident does not
clean adequately, Resident shall be liable for reasonable cleaning charges — including charges for
cleaning carpets, draperies, furniture, walls, etc.
33. MOVE -OUT INSPECTION. Resident and owner may meet for a move -out inspection.
Owner's representative has no authority to bind or limit Owner regarding deductions for repairs,
damages, or charges. Any statements or estimates by Owner of Owner's representative are
subject to Owner's correction, modification, or disapproval before final refunding or accounting.
34. OTHER CHARGES. Resident shall at all times be liable for the following charges, if
applicable: unpaid rent; unpaid utilities and utility disconnect fees; unreimbursed service
charges, damages or repairs (beyond reasonable wear and tear); replacement cost of property that
was in or attached to the Apartment and is missing; replacing dead or missing smoke detector
batteries; utilities for repairs or cleaning; trips to let in company representatives to remove
telephone or TV cable services or repair items; trips to open the Apartment when Resident or any
guest or occupant is missing a key; key duplicates; unreturned keys; missing or burned -out light
bulbs; stickers, scratches, burns, stains, or unapproved holes, removing or rekeying unauthorized
security devices or alarm systems; reletting charges; packing; removing or storing property
removed or stored; removing illegally parked vehicles; special trips for trash removal caused by
parked vehicles blocking dumpsters; false security alarm charges unless due to Owner's
negligence; government fees or fines against Owner for Resident's violation of the Lease
Contract or law; late- payment and returned -check charges; or in any valid eviction proceeding
against Resident, plus attorney's fees, court costs, and filing fees actually paid; and other sums
due.
35. DEPOSIT RETURN; SURRENDER; ABANDONMENT.
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A. Resident surrenders the Apartment on the date of the earlier of the following: (1) Resident and
all occupants and their possessions have been removed and all keys have been turned in where
rent is paid; or (2) the move -out date has passed and no Resident or authorized occupant is living
in the Apartment in Owner's reasonable judgment. Resident abandon the Apartment when (1)
everybody appears to have moved out in Owner's reasonable judgment; or (2) clothes, furniture,
and personal belongings have been substantially removed from the Apartment. An apartment is
also abandoned on the 10 day after the death of a sole Resident. Surrender or abandonment
ends Resident's right of possession for all purposes, including reletting the Apartment, damages,
clean -up charges, removing property left in the Apartment, and return of the security deposit.
B. Resident agrees that if Resident abandons or surrenders the Apartment and leaves behind
personal property, Owner shall have the right, but not the obligation, to remove and dispose of
said personal property as Owner sees fit, at Resident's sole risk and cost and without recourse by
Resident or any person claiming under Resident against Owner or Owner's representatives.
Resident shall indemnify and hold harmless Owner and Owner's agents and representative
against any claim or cost for any damages or expense with regard to the removal, disposal and /or
storage of the property.
C. Within sixty (60) days after termination of this Lease Contract or surrender and acceptance of
the Apartment, whichever occurs last, Owner shall provide Resident, at Resident's last known
address, with a written statement listing the reasons for any and all charges against the security
deposit, and refund the balance of the security deposit (if any) therewith. The security deposit
shall be returned to Resident only after each and all of the following conditions have been met or
the corresponding charges have been applied:
1. There are no unpaid charges, damages, or rentals due by Resident hereunder.
2. The Apartment, including kitchen appliances, have been cleaned thoroughly, in
accordance with any written Move -Out Policy we provide, and the Apartment shall have been
left in the same condition as when Resident moved in, except for ordinary wear and tear. If
resident fails to clean thoroughly and/or in accordance with the written Move -Out Policy,
reasonable charges to complete such cleaning shall be deducted.
3. After inspection by Owner, appropriate charges will be deducted for any unpaid
damages or repairs to the Apartment or its contents (beyond reasonable wear); insufficient light
bulbs, stickers, scratches, burns or holes, etc. on the walls, doors, floors, draperies, carpets
and/or furniture, etc.
D. Resident acknowledges and agrees that in no event shall said security deposit be applied by
Resident for any rent or charge due hereunder without the Owner's prior written approval.
36. SATELLITE DISH. Resident may in some limited circumstances be allowed to install a
satellite reception dish, suspect to the following limitations and restrictions. Only one dish or
other reception device may be installed. The dish shall be no larger than 1 meter in diameter.
The dish may be installed only within the Apartment. The Apartment includes private balconies,
balcony railings, terraces, patios, yards and gardens. However, the Apartment does not include
any outside walls, roofs, window sills or common balconies, railings, patios, yards or other
common areas in the community. No part of the dish may extend beyond the outside balcony
14
rail or patio line. Resident shall remain fully and solely liable and responsible for the safety of
the satellite dish and for any damage caused to persons or property associates with the satellite
dish. Resident hereby indemnifies and shall hold Owner harmless from any and all claims based
on damage to or injury by the dish. Any Resident who installs a satellite dish must maintain a
renter's property insurance policy, which includes general liability coverage. No dish maybe
installed in a fashion which will damage the Apartment beyond ordinary wear and tear. No holes
maybe drilled in exterior surfaces, including walls, roofs, glass, balcony floors or railings. Any
"hook -up" between interior and exterior equipment must be accomplished with flat cable capable
of fitting below a door jam or by means of a device that allows the signal to pass through the
exterior wall door or glass without wiring. Interior holes must be fully repaired and painted to
the exact match of the exiting wall when Resident vacates the Apartment.
37. SPECIAL PROVISIONS. The following special provisions control over conflicting
provisions of this printed Lease contract form:
See Addendum Attached Herto.
In signi g the se b th parties are responsible for the contents of the lease in its entirety.
Residen or Resi4 is and Guarantor(s) (all sign below)
\-A 11
(dat
Mailing Addres or Resident
A A &)( , 9 9 7 Y k 4 cs . 0 0 i '0,2)
Owner or Owner's Repres 've (s' ns b ow)
Eagle y, Colorado by Its Count anager (dat
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ADDENDUM TO SUNRIDGE APARTMENT LEASE
1. All parties to the APARTMENT LEASE CONTRACT (the "Lease ") for 1050 West Beaver
Creek Boulevard, Unit D 204 in Avon, Colorado, dated October 2011 agree that all rental
payments to Eagle County, Colorado, the Owner, shall be made payable to and shall be
timely delivered to The Valley Home Store, LLC whose physical and mailing address is:
The Valley Home Store, LLC
C/O Kim Williams
25 Mill Loft, Suite 200
Edwards, CO 81632
(970) 328 -8776
Kim.williams @eaglecounty.us
2. Two parking passes are included with the Lease of the Apartment, which shall be returned to
The Valley Home Store, LLC upon the expiration of the term or termination of the Lease.
Parking pass number 2083 and 2084 have been provided to the Residents. Replacement cost
for lost passes is $100 each, to be paid by Resident, if needed.
3. The Lease is to the terms of the Sunridge at Avon Condominium Association Declaration,
Articles of Incorporation, Bylaws of the Association and the Rules and Regulations.
Residents have received a copy of the Rules and Regulations and Sunridge at Avon
Condominium Association Declaration, Bylaws and Articles. Residents will comply with the
Rules and Regulations and other documents identified herein. Any failure to comply with the
Articles of Incorporation, the Bylaws, Declaration or Rules and Regulations shall be a
material default enforceable by the Association, its managing agent or Eagle County or The
Valley Home Store, LLC.
4. The parties agree that notwithstanding anything to the Contrary herein, eagle County,
Colorado, Owner, may assign the Lease Contract to The Valley Home Store, LLC, the Eagle
County Housing Authority or other entity as it may designate upon notice to Residents.
5. The Apartment Lease Contract and this Addendum to the Apartment Lease Contract shall
supersede and replace any other agreement or lease entered into by the parties.
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DATED this di day of 0 , 2011.
RESI D •
Rosa Go
OWNER: Eagle County, Colorado
I
*. rth Montag, Its County Mana
•
17
