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HomeMy WebLinkAboutC96-048 Susan Zergerfl a; V"1 P At- RESIDENCE LEASE THIS // LEASE AGREEMENT, entered this day of Qii 199 , by and between TLA -V, herein referred to as "Ten nt," and the County of Eagle, State of Colorado, by and through its Board of County Commissioners, herein referred to as the "County." W I T N E S S E T H: THAT in consideration of the payment of the rent and tha- performance of the promises bay the Tenant set forth below, the County does hereby lease to the Tenant the following described premises situated in the County of Eagle, in the State of Colorado, the address of which is 30265 Colorado River road, and the legal description of which is as follows: Beginning at a Point from which the Northeast Corner of said Section 9, a G.L.O. Brass Cap monument found in place, bears N 30.54145" e., 961.61 feet; thence S 00.02127" E, 640.28 feet to the north Right -of -Way for the Denver Rio Grand and Western Railroad; thence along said Right -of -Way S 66.59109" w, 51.06 feet; thence departing said Right -of Way N 89.52' 25" w, 281.61 feet; thence N 00.0510111 w, 660.16 feet; thence S t"'19.5413011 E, 329.11 feet containing 4.974 acres, more or less. Said premises includes the house, well house, and all the land within the above legal description, hereinafter referred to as the "Leased Premises." 1. TERM The term of this lease shall be continue on a month to month basis. Either party may terminate this lease upon thirty (30) days' written notice. 2. RENT A. The Tenant shall pay as rent the sum of Two Hundred Seventy Five Dollars ($275.00), which shall be due and payable on the 1st day of each calendar month during the term of the lease. Payment shall be made to the Eagle County Treasurer, Attn: Buildings and Grounds Department, P.O. Box 850, Eagle, Colorado 81631. B. In the event any payment required hereunder is not made within ten (10) days after the payment is due, the Tenant shall be liable for a late charge in the amount of five percent (5%) of the payment. 3. 4. SECURITY DEPOSIT A. The Tenant shall pay a security deposit equal to one month"s rent, or Two hundred Seventy Five Dollars ($275.00). The Tenant is responsible for any and all damages to leased premises. B. At the termination of this lease, the leased premises are to be left in a clean, usable and undamaged condition. If the Tenant fails to clean leased premises to the satisfaction of the County, or if the leased premises incurs any damage against the Tenant excluding normal wear and tear, all cleaning and damage expenses incurred by Eagle County shall be deducted from the above deposit, and/or additional charges shall be assessed. C. If the County retains any portion of the Tenant's security deposit, the County shall make a written accounting thereof, listing the exact reasons for the retention of any portion of the security deposit, within sixty (60) days after termination of the lease, or surrender and acceptance of the premises. the County shall make any written statement by mailing said statement to the last known address of the Tenant. REPAIRS AND TENANT'S DUTIES A. The Tenant shall make necessary minor repairs to the leased premises. The Tenant agrees to keep the improvements upon the leased premises, including sewer connections, plumbing, wiring and glass in good repair for the term of this lease Agreement. the County will be responsible for providing the materials required for keeping the premises in good repair. B. The Tenant shall surrender the premises at the end of the lease term or any renewal thereof, in the same condition as when the Tenant took possession, allowing for reasonable decay, use and wear, and damage by acts of God, including fires and storms. C. The Tenant further agrees to properly irrigate and care for all trees, shrubbery and lawn at the Tenant's expense; to keep all sidewalks on the premises free and clear of ice and snow; and to keep the entire exterior premises free from all litter, dirt, debris and obstructions; to keep any septic system, greasetrap, and ashpit in a clean and sanitary condition. -2- 5. SUBLEASE The Tenant shall not sublet any part of the lease premises, and shall not assign the lease or any interest therein without the written consent of the County. 6. USE The Tenant shall use the leased premises only as a residence and shall use the leased premises for no purposes prohibited by the laws of the United States, the State of Colorado, or the County of Eagle; and for no questionable purposes whatsoever. 7. INDEMNIFICATION The Tenant agrees to defend, hold harmless and indemnify the County, and any of its officers, agents, or employees from any and all losses, liability or expenses that may be incurred by reason of any claim filed against Eagle County. 8. UTILITIES The Tenant shall pay all telephone, water, heat and electricity charges for the leased premises. 9. COUNTY'S RIGHT TO ENTER The Tenant shall permit the County to have free access to the leased premises for the purpose of examining or exhibiting the same, or to make necessary repairs or alterations of the leased premises, which the County may deem appropriate in its discretion. 10. NOTICES All notices required by this Agreement shall be given, in writing, to the Parties at the addresses stated below: EAGLE COUNTY BUILDINGS AND GROUNDS DEPARTMENT BOX 850 EAGLE, COLORADO 81631 -3- 11. INSURANCE The County's insurance policy shall not cover the Tenant's personal property, and the County shall not be responsible for any loss, damage, or destruction of the tenant's personal property. 12 MISCELLANEOUS A. It is expressly understood and agreed by and between the parties hereto that in case the leased premises are destroyed by fire, flood or act of God, so as to remain untenantable during the term of this lease no rent shall accrue from the date of such destruction until the same is again ready for occupancy. B. The provisions of this lease shall extend to and be binding upon the respective parties hereto, their successors and assigns. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Tenant other than that contained herein. E. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. F. In the event of any dispute arising under the terms of this lease, or in the event of non-payment of any sums arising under this lease and in the event the matter is turned over to an attorney, the party prevailing in such dispute shall be entitled, in addition to other damages and costs, to receive reasonable attorney's fees for the other party. -4- IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to the County and the Tenant. V<4�s 0 By: Clerk to t e Board of County Commissioners STATE OF COLORADO ) ) ss COUNTY OF EAGLE ) THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS r By: TENANT: —,The foregoing was acknowledg-A before me this day of , 199 "-->, by�(S+ WITNES MY HAND AND OFFICIAL SEAL. My commission expires �M'Y ee ee0.16t '�` Notary Pub -c