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HomeMy WebLinkAboutC13-088 Apartment Lease Sundridge Condo Unit D 204 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: April #, 2013 I. 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 Unit No. D 204 at 1050 West Beaver Creek Boulevard, Sunridge II in Avon, Colorado 81620, 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 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 1 day of May, 2013, and ends at midnight the 31st day of July, 2013. 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 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. ? ri)„ r6, 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 given 2 apartment keys, 0 mailbox key(s), 0 garage door openers, and 0 other keys, 2 parking passes for D204. KEYS MUST NOT BE DUPLICATED. 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 at The Valley Home Store, LLC. 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 2 R.L7 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 unfurnished. 8. UTILITIES. Resident shall pay for the following items; electricity & cable TV. 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 term of 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 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. 3 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 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. 4 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 OCCUPANTS 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; cultivating, selling or manufacturing marijuana; possessing, selling, or manufacturing illegal drugs or drug paraphernalia; engaging in or threatening violence; possessing a 5 L) 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, separation, divorce, reconciliation, loss of co- residents, loss of employment or bad health. Resident further understand that in the event that 6 t? �1 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 be 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 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. 7 X q 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 shectrock 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 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 8 RE--) 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; 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 9 7 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; 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 10 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 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. 11 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 consid • red a default for which Owner need not give Resident notice. Remaining rent will also be accelerat • d 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 entir. term payable when the Lease Contract begins. Attorne 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 terminati . n. Resident hereby agrees that in the event of the retention, employment or use of an attorney s y 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 collectio 1, including a reasonable sum for attorney fees, whether or not a suit is filed. Late changes are liqui 1 ated 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 18% interest per year from due date compounded monthly. Resident shall pay all collection agency fees in addition to the amounts hat are due under this Lease Contract. 29. INT RPRETING THIS LEASE CONTRACT. Neither wner nor any of Owner's representatives have made any oral promises, representations, or agreeme ts. This Lease Contract is the entire agreement. Owner's representatives (including manage ent personnel, employees and agents) have no authority to waive, amend, or terminate this Lease C ntract or any part of it, and no authority to make promises, representations, or agreements that imp se 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 o any subsequent violation, default, or time or place of performance. Owner not enforcing or belat ly enforcing written notice requirements, rental due dates, acceleration, liens, or other rights is 't a waiver under any circumstances. Exercising one remedy shall not constitute an election r waiver of other remedies. All remedies are cumulative. No employee, agent, or manage ent company is personally liable for any of Owner's contractual, statutory, or other obligatio s merely by virtue of acting on Owner's behalf. Neither an invalid clause, nor the omissio 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 obligations must be I erformed to the county where the Apartment is located. Resident shall not record this Lease C I ntract. 30. PAY NG SUMS DUE. Payment of all sums is an independent covenant. At Owner's option and without notice, Owner may app y money received first to non -rent obligations, then to rent, regardless of notations on 12 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. � 13 7 /�(1 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, subject 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 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 14 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 may be 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 Hereto. In signing the lease both parties are responsible for the contents of the lease in its entirety. Reside or Resi ents and Guarantor(s) (all sign below) (d te) Mailing Address for Resident ( C Y' (I mi ed. 8/&6a). Owner or Owner' : - .resen : ive (signs below) Eagle County, Co • rado by W yr (date) 15 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 2012 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 or 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 has been provided to the Residents. Replacement cost for lost passes is $100 each, to be paid by Resident, if needed. 3. The Lease is subject 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. DATED this ,4 day of ih 1 , 2013. RESIDES: Rosa Gpzale \``\ OWNER: Eagle Co t , Co orado 16