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HomeMy WebLinkAboutC20-405 Dustin Moore - 19 Mile House LeaseRESIDENTIAL LEASE AGREEMENT 1. Parties. THIS LEASE AGREEMENT ("Lease") is made on the __..2!h__ day of November, 2020 between Eagle County ("Landlord") and Dustin Moore ("Tenant"). 2. Premises. In consideration of the payment of Rent and the performance of the promises by the Tenant set forth below, Landlord leases to Tenant the following described residence, with all appurtenances, situated in the County of Eagle, in the State of Colorado, the address of which is 19214 Colorado River Road, Gypsum, Colorado 81637 (the "Premises"). 3 . Term. Landlord leases the Premises to Tenant for a period of one (1) year, from November 6th, 2020 to November 6th, 2021 (the "Term" or "Lease Term"), with an option to renew, at Landlord's discretion, for up to two (2) additional one-year terms. Tenant must provide notice of desire to renew for an additional term at least ninety (90) days prior to expiration of the previous term. Upon Tenant's payment of Rent and performance of all obligations under the Lease, the Tenant shall enjoy quiet possession of the Premises . This lease shall not be renewed beyond June 2022. 4. Rent. Rent shall be paid in bi-weekly installments of $300.00 and shall be deducted from Tenant's Eagle County paychecks ("Rent"). If the Lease Term does not begin on the first day of the month, the Rent shall be prorated to the last day of that month. 5. Tenant Covenants. Tenant, in consideration of leasing the Premises, agrees to the terms below. a . Prompt Payments . Tenant shall pay all Rent and additional payments due for the Premises. b . No Sublease /Assignments . Tenant shall not sublet any part of the Premises nor assign the Lease or any interest therein, without the written consent of the Landlord. c. Use/Alterations. Tenant shall use and occupy the Premises only as a private residence with a maximum occupancy of four (4) people . Tenant shall not use the Premises for any purpose prohibited by the laws of the United States or the State of Colorado, of the ordinances of the county, city or town in wh ich the Premises is located . Tenant shall not permit any portion of the Premises to be used in a manner which may endanger the person or property of Landlord, co-tenants or any person living on or near the Premises. Tenant shall keep all portions of the Premises in clean and hab itable condition and will not make any alterations or add itions to the Premises without Landlord's written approval. Tenant acknowledges that it has inspected the Premises and the fixtures , appliances, furniture and improvements contained therein and find them to be in good working order. Tenant accepts the Premises and all fixtures, appliances and improvements "AS IS ." Residence Lease 1 DocuSign Envelope ID: 0667AEEC-531B-4F74-B96E-40E49C8C142A C20-405 d . Hold Harmless . Tenant shall neither hold, nor attempt to hold Landlord, Landlord's agents, contractors and employees liable for any injury, damage, claims or loss to person or property occasioned by any accident, condition or casualty to, upon or about the Premises including, but not limited to, defective wiring, the breaking or stopping of the plumbing or sewage upon the Premises, unless such accident, condition or casualty is directly caused by intentional or reckless acts or omission of Landlord. Notwithstanding any duty Landlord may have hereunder to repair or maintain the Premises, in the event that the improvements upon the Premises are damaged by the negligent, reckless or intentional act or omission of Tenant or any licensees, invitees or co-tenants, the Tenant shall bear the full cost of such repair or replacement. Tenant shall hold Landlord, Landlord's agents and their respective successors and assigns, harmless and indemnified from any and all injury, loss, claims or damage to any person or property while on the Premises or any other part of the Property, which is occasioned by an act or omission of Tenant, Tenant's licensees, invitees or co-tenants. Landlord is not responsible for any damage or destruction to Tenant's personal property. Tenant shall obtain renter's insurance at Tenant's sole discretion and expense . e. Access. Tenant shall allow Landlord to enter upon the Premises at any reasonable hour. Tenant shall not, without Landlord's prior written consent, add, alter or re key any locks to the Premises. At all times Landlord shall be provided with a key or keys capable of unlocking all such locks and gaining entry. f. Occupants. Landlord must be notified as to all persons who occupy the Premises. Any persons who occupy the Premises must be approved by Landlord. Occupancy by unauthorized persons is a breach of the Lease . g. No Smoking. Smoking is prohibited inside the residence located on the Premises. h . Tenant acknowledges that carbon monoxide alarms have been installed in the Premises, that any batteries necessary to make the carbon monoxide alarms operational have been provided to Tenant and/or installed in the alarms, and that the alarms are operational. 6. Utilities. Tenant shall be responsible for obtaining the following services or utilities in its name and paying for them directly : cable, internet, phone and trash disposal. All of such charges to be paid by the Tenant shall be deemed "Additional Payments". Expenses for water, electric and propane are included in the monthly Rent. 7. No Waiver/Set Off. No assent, express or implied, to any default of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other default. The covenants set forth herein shall be deemed to be independent. Tenant shall have no right to withhold or set off any Rent due Landlord. 8. Holdover. If, after the expiration of this Lease, Tenant shall remain in possession of the Premises and continues to pay Rent without a written agreement as to such possession, then such tenancy shall be regarded as a month to month tenancy, at a monthly rental, payable in advance, equivalent to the last month's Rent paid under this Lease, and subject to all the terms and conditions of this Lease. 9. Vacancy. If the Prem ises are left vacant and any part of the Rent reserved hereunder is not paid, then Landlord may, without being obligated to do so and without terminating this Lease, retake possession of the Residence Lease 2 DocuSign Envelope ID: 0667AEEC-531B-4F74-B96E-40E49C8C142A Premises and relet, or attempt to relet, the same for such rent and upon such conditions as Landlord may think best . Landlord may make such change and repairs as may be required, giving credit for the amount of Rent so received less all expenses of such changes and repairs, and Tenant shall be liable for the balance of the Rent herein reserved until the expiration of the Term. 10 . Security Deposit. Tenant agrees to surrender the Premises at the termination or expiration of this Lease in as good a condition as when the Tenant entered the Premises, normal wear and tear excepted . As security therefore and performance of all other terms of this Lease, a Security Deposit in the amount of$ 600.00 ("Security Deposit") has been paid by Tenant upon execution of this Lease. The Security Deposit shall be returned to Tenant, or a written accounting made for any portion retained, listing the exact reasons for the retention, together with the balance of the Secur ity Depos it , if any, within sixty (60) days after termination of this Lease or surrender and acceptance of the Premises . Landlord shall mail any written statement to the last known address of Tenant. Tenant may not apply the Security Deposit as Rent unless agreed to by Landlord . 11 . Repairs and Maintenance of the Premises. The Landlord agrees to keep all improvements upon the Premises including, but not limited to, structural components, interior and exterior walls, floors, ceiling, roofs, sewer connections, plumbing, wiring, appliances and glass in good maintenance and repair at Landlord's expense . Landlord shall care for all trees . Tenant shall maintain shrubbery and lawn and shall keep all drives, common areas and sidewalks on the Premises free and clear of ice and snow. Tenant shall not cause waste to occur upon the improvements and shall keep the entire interior and exterior Premises free from all litter, dirt, debris and obstructions, and shall keep any septic system or sewer line in a cleaned and sanitary condition. In the event Landlord is responsible for repair of the Premises as set forth herein, Tenant shall be obliged to notify Landlord of any condition upon the Premises requiring repair, and shall provide Landlord a reasonable time to accomplish said repair. At the commencement of this Lease or shortly thereafter, Tenant and Landlord should complete a written description setting forth the agreed condition of the Premises. If such written description has been completed, it is hereby incorporated by this reference. Tenant acknowledges that it has inspected the Premises and the fixtures, appliances, furniture and improvements contained therein and find them to be in good working order. Tenant accepts the Premises and all fixtures, appliances and improvements "AS IS ." Tenant further acknowledges that taking possession of the Premises is conclus ive evidence to the fact that the Premises are in good order and in satisfactory condition. Notwithstanding the foregoing , Tenant shall be billed for repairs due to negligence, deliberate destruction or items damaged beyond normal wear and tear. Payment for repairs shall be due and payable no later than fifteen (15) days from the date of invoice . Any defective and/or inoperative conditions that may develop within the Premises are NOT considered justification for refusal to make prompt rental payments. 12 . Default. If Tenant shall be in arrears in the payment of any installment of Rent , Additional Payments, or any portion thereof, or in default of any other covenants or agreements set forth in this Lease ("Default "), and the Default remains uncorrected for a period of three (3) days after Landlord has given written notice thereof pursuant to applicable law, then Landlord may, at Landlord's option, undertake any of the following remedies without limitation : (a) declare the Term of the Lease ended ; (b) terminate Tenant's right to possession of the Premises and reenter and repossess the Premises pursuant to applicable provisions of the Colorado Forcible Entry and Detainer Statute; (c) recover all present and future damages, costs and other relief to which Landlord is entitled; (d) pursue Landlord's lien remedies; (e) pursue breach of contract remedies; and/or {f) pursue any and all available remedies in law or equity. In the event possession is terminated by reason of Default prior to expiration of the Term, Tenant shall be responsible for Rent and Additional Payments occurring Residence Lease 3 DocuSign Envelope ID: 0667AEEC-531B-4F74-B96E-40E49C8C142A law [13-40 -105(d.5), (e .5) and 13-20-107.5, C.R.S.] which are incorporated by this reference, in the event repeated or substantial Default(s) under the Lease occur, Landlord may terminate Tenant's possession upon a written Notice to Quit, without a right to cure. Upon such termination, Landlord shall have available any and all of the above-listed remedies. 13. Termination. This Lease may be terminated upon default of Tenant pursuant to Section 12 hereof if Landlord elects in writing to treat such default as a termination of this agreement; notice to Tenant of any such written election by Landlord shall specify the effective date of such termination, pursuant to statutory requirements . This Lease may also be terminated by Landlord, for any reason whatsoever, with or without cause, with written notification. Such termination shall be effective thirty (30) days after notice of termination has been provided. 14. Notice . All notice to be given with respect to this Lease shall be in writing. Each notice shall be sent via facsimile or by registered or certified mail, postage prepaid and return receipt requested, to the party to be notified at the following address or at such other address as either party may from time to time designate in writing: Landlord Attn: Facilities Manager Eagle County P.O. Box 850 590 Broadway Eagle, CO 81631 Fax: (970) 328-8899 Tenant Dustin Moore Print name P.O. Box 1033 Address Gypsum, CO 81637 Include City, State, Zip Code Notice shall be deemed to have been given at the time it is transmitted to the recipient by facsimile or deposited in the United States mail in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service as a summons or other legal process. 15. Attorneys' Fees. In the event any dispute arises concerning the terms of the Lease or the non-payment of any sums under this Lease, and the matter is turned over to an attorney, the prevailing party in such dispute shall be entitled, in addition to other damages and costs, to recover reasonable attorneys' fees from the other party. 16 . Late Fee. In the event any payment required hereunder is not made within five (5) days after payment is due, a late charge in the amount of 5% of the payment shall be paid by Tenant. Such fee shall be deemed an Additional Payment. No partial payment or performance by Tenant or acceptance by Landlord shall cure any outstanding default, estop Landlord from pursuing, or continuing to pursue, remedies for such default, or act as a waiver. 17 . Pets. Two (2) pets (dogs, cats, horses) shall be permitted on the premises with a pet deposit in the amount of $250 .00 for any pet. Tenant shall be responsible for any damage caused by said pets . 18 . Miscellaneous. This Lease shall be subordinate to all existing and future security interests on the Premises. All notices shall be in writing and be personally delivered or sent by first class mail, unless otherwise provided by Residence Lease 4 DocuSign Envelope ID: 0667AEEC-531B-4F74-B96E-40E49C8C142A 18. Miscellaneous. This Lease shall be subordinate to all existing and future security interests on the Premises . All notices shall be in writing and be personally delivered or sent by first class mail, unless otherwise provided by law, to the respective parties at the addresses provided for in this Lease . All titles and captions are for convenience only and are not a part of this Lease. If any term or provision of this Lease shall be invalid or unenforceable, the remainder of this Lease shall not be affected thereby and shall be valid and enforceable to the full extent permitted by law. 19. Entire Agreement; Amendments. This Lease Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral or written statements, understandings or correspondences . This Lease shall only be modified by amendment signed by both parties . This Lease shall be binding on both parties, their personal representatives, successors and assigns. 20 . Lease Contingent on Employment with Eagle County. If it has not ended earlier, the Term of this Lease shall end thirty (30) days after Tenant leaves his/her employment with Eagle County. Residence Lease 5 DocuSign Envelope ID: 0667AEEC-531B-4F74-B96E-40E49C8C142A IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. LANDLORD: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: Kelley Collier, Deputy County Manager / TENANT: The foregoing was acknowledged before me this !;}-+IJ day of N ~ 20 W by 12«$-fin fY1oo C:£ ~J ,JA:".ilCe M. iwlU.ER NOTARY PUBLIC STAT,E OF COLORADO MY NOTARY ID 2006401455() COMM1ssi::? 8<PIP.'::S APRIL 13, 2022 Residence Lease 6 My commission expires: J./ f 3 /M ;)..;;L I DocuSign Envelope ID: 0667AEEC-531B-4F74-B96E-40E49C8C142A