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HomeMy WebLinkAboutECHDA24-15 Eagle Valley Transportation Authority_master lease 162 miller ranch rd. MASTER LEASE AGREEMENT 162 MILLER RANCH ROAD, EDWARDS, CO 81632 This is a binding legal document. It is important to read all of this Lease carefully. If not understood, please consult legal, tax, or other counsel prior to signature. This master lease agreement (“Lease”) is effective as of August 4, 2024 between the Eagle County Housing and Development Authority (“Landlord”) and the Eagle Valley Transportation Authority (“Tenant”). The parties agree as follows: 1. Premises and Occupancy. Landlord, in consideration of the covenants, agreements, and conditions to be performed by Tenant pursuant to this Lease, leases to Tenant: Unit #111, Unit #207, Unit #208, Unit #209, Unit #307, and Unit #309 located at 162 Miller Ranch Road, Edwards, CO 81632 (collectively, the “Premises”). The Premises shall be occupied only by Tenant’s subtenants, which shall be disclosed to Landlord upon Tenant’s execution of any sublease for the Premises (“Subtenants”). No one else may occupy the Premises without Landlord’s prior written consent, which consent may be withheld in the sole discretion of the Landlord. 2. Term. The term of this Lease begins at noon on August 4, 2024 and ends at midnight on July 31, 2025 (“Term”), unless terminated earlier pursuant to the Terms of this Lease. a. Tenant agrees to give written notice to Landlord of Tenant’s intention to vacate the Premises at the end of the Term of the Lease at least thirty (30) days prior to the expiration of the Term. b. If Tenant or Subtenants retain possession of the Premises after expiration of the Term with the permission of Landlord and do not provide written notice of intent to vacate the Premises, such holdover shall not be deemed as a renewal or extension of this Lease, but shall create only a tenancy from month-to- month that may be terminated at any time by either party upon ten (10) days written notice prior to the end of the month. Such period of holding over shall otherwise be upon the same terms and conditions as set forth in this Lease. c. The Lease may be renewed or extended only by a written agreement signed by both Landlord and Tenant. 3. Rent and Rent Increases. a. Tenant agrees to pay Landlord rent in monthly installments of $9,948.00 per month (“Rent”) without demand on the first (1st) day of each calendar month during the Term hereof. If the Term does not begin on the first day of the month, Rent shall be prorated to the last day of the month. Tenant shall pay Rent by check or money order. Rent is due and payable during the Term regardless of whether the Apartment is occupied by any Subtenant. b. Rent payments shall be made to Landlord at P.O. Box 850, Eagle, CO 81631 or be deposited with the leasing office located at the Valley Home Store, 200 Mill Loft Street, Suite 200, Edwards, CO 81632. Landlord shall contemporaneously provide Tenant with a receipt indicating the amount the paid and the date of payment. c. Tenant may not withhold or offset rent for any reason. Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Page 2 of 15 4. Security Deposit. Upon execution of this Lease and before occupying the Premises, Tenant shall deposit with Landlord the sum of $9,948.00 as a security deposit (“Security Deposit”) against the breach of any of Tenant’s or Subtenants’ covenants, agreements, and conditions contained in this Lease. The Security Deposit shall not be deemed to be the Landlord's sole remedy and shall be in addition to all other rights and privileges which the Landlord may have under law. Landlord is not required to and shall not keep Tenant's security deposit separate from Landlord's funds nor pay any interest thereon to Tenant. Upon commencement of the Term, Landlord shall assign to Tenant any Security Deposit then held by Landlord on behalf of the Subtenant of the Premises. a. If at any time during the Term of this Lease, Tenant or Subtenants are in default in performing any of the terms and conditions of this Lease, Landlord shall have the right to use the Security Deposit or so much thereof as necessary in payment of Rent and late fees, abandonment of the Premises, nonpayment of charges, and cost of labor and materials for reasonable cleaning and repair of the Premises, except due to normal wear and tear. If Landlord does so apply the Security Deposit, Tenant must immediately deposit with Landlord an amount equal to the amount applied so that Tenant will at all times have on deposit with Landlord the entire Security Deposit. b. Within sixty (60) days after termination or expiration of this Lease, or after Tenant or Subtenants vacate the Premises, whichever occurs last, Landlord shall mail to Tenant at Tenant's last known address a written statement listing the exact reasons for the retention of any portion of the Security Deposit, together with so much of the Security Deposit, without interest, as has not been retained by Landlord. 5. Utilities. Landlord shall provide water, sewer, trash, electric, and gas (if applicable) utilities for the Premises. Tenant or Subtenants shall be responsible for arranging for and paying for all other utility services required by Tenant or Subtenants on the Premises and shall indemnify Landlord against any liability or damages resulting from those utility services. Except when due to the negligence of Landlord, Landlord shall not be liable for any failure or interruption of services to be supplied by Landlord. In case of unnecessary use or waste by Tenant or Subtenants of the services to be provided by Landlord, Landlord reserves the right to assess additional utility charges for excessive use of utilities beyond normal Premises averages. 6. Late or Administrative Fees. a. If any installment of Rent or other payment is received later than seven (7) days after the date when due, Tenant shall pay a late payment fee of $50.00 in addition to Rent. b. Dishonored checks and any checks received late in the mail will be treated as late payments. Any additional bank and handling charges that are assessed in the event of a dishonored check shall be assessed to Tenant. Landlord may require Tenant to replace any dishonored check with a money order, cashier’s check, or other good funds. Landlord may further require that all subsequent payments after a dishonored check be paid with a money order, cashier’s check, or other good funds. 7. Keys and Locks. Tenant will be provided with five (5) keys for the Premises. Keys must not be duplicated. Tenant or Subtenants shall not cause any of the locks to be changed or re-keyed in any manner. Tenant or Subtenants shall not place any additional locks on the Premises. At the termination or expiration of this Lease, Tenant shall collect all copies of all keys and deliver them to Landlord as of the last day of the Term. Should Tenant fail to deliver all copies of all keys to Landlord requiring Landlord to change locks, Landlord may deduct $100.00 from the security deposit. Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Page 3 of 15 8. Delay of Occupancy. If occupancy of the Premises is or will be delayed for construction, repairs, cleaning, or a previous tenant’s holding over, Landlord shall not be liable to Tenant or Subtenants for the delay. The Lease will remain in force subject to abatement of Rent on a daily basis during the delay. If the delay is longer than seven (7) days, Tenant shall have the right to terminate this Lease by written notice to Landlord. After such termination, Tenant is entitled only to a refund of the deposit(s) and any rent paid. Rent abatement or termination of the Lease shall not apply if the delay is for cleaning or repairs that do not prevent Tenant or Subtenants from occupying the Premises. 9. Condition of the Premises. Within 48 hours after taking possession of the Premises, Tenant or Subtenants shall provide Landlord with written notice of all defects or damage to the Premises. If no such notice is received, the Premises and all appliances and fixtures are deemed to be in clean, safe, and good working condition. Tenant and Subtenants shall maintain and prevent the Premises from violating any local building or housing code and shall indemnify and hold the Landlord harmless from any and all claims or demands of any third-party, including any governmental authority, based on an allegation that the Premises is in violation of a code or ordinance and Tenant or Subtenants shall immediately restore the Premises to a condition that complies with the code or ordinance if a violation is found. a. Landlord does not guarantee or warrant that the Premises are or ever will be a “pest free environment.” Landlord’s ability to effectively address pest infestation issues is dependent on Tenant’s, Subtenants,’ and other tenants’ voluntary compliance and cooperation. Tenant and Subtenants shall cooperate fully with and undertake all efforts and tasks required by Landlord or Landlord’s pest-control company to exterminate and control pests. Tenant’s and Subtenants’ full cooperation includes, but is not limited to, immediately reporting pest infestation to Landlord in writing, making the Premises available for entry to complete pest inspection and extermination treatments, completing all required pre-treatment activities, evacuating the premises during and after the treatment for the required time frame, and completing all required post-treatment activities. Landlord is not responsible for damages or losses due to pest infestation to the extent such conditions have resulted from the acts or omissions of the Tenant or Subtenants or if Tenant or Subtenants have failed to immediately notify Landlord of any such condition. b. Structures built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. If the Premises were constructed before 1978, Landlord must comply with the Lead-Based Paint Disclosure Rule, 42 U.S.C. § 4852(d). c. Landlord will furnish smoke detectors and carbon monoxide detectors and provide working batteries when Tenant or Subtenants first take possession of the Premises. After that, Tenant or Subtenants shall pay for and replace batteries as needed. Landlord may replace dead or missing batteries at Tenant’s or Subtenants’ expense, without prior notice to Tenant or Subtenants. Tenant or Subtenants must immediately report smoke detector or carbon monoxide detector malfunctions to Landlord. Neither Tenant nor Subtenants nor others may disconnect smoke detectors or carbon monoxide detectors. Tenant and Subtenants will be liable to Landlord and others for any loss or damage from fire, smoke, or water if that condition is contributed to by Tenant or Subtenants disconnecting or failing to replace batteries in a smoke detector or by Tenant or Subtenants not reporting malfunctions with a smoke detector. Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Page 4 of 15 10. Occupancy and Use of the Premises. a. Tenant represents and warrants that Tenant will identify all Subtenants over the age of eighteen (18) who will occupy the Premises as a Subtenant under this Lease. Landlord must approve any change to Subtenants. If Tenant desires any change or increase to those shown as Subtenants, and provided any increase is not in violation of applicable occupancy codes, those individuals desiring tenancy must complete any application and approval process required by Landlord. If Tenant fails to obtain Landlord’s approval in advance of any change in occupancy, Tenant understands that this failure constitutes a Default as described in the Lease. b. Tenant and Subtenants shall not use the Premises in a manner that may endanger the person or property of Landlord, co-tenants, or any person living near the Premises or upon the real property in which the Premises is located. No hazardous or dangerous activities are permitted on the Premises. Tenant and Subtenants shall not use the Premises to any way that violates local zoning ordinances or any other law applicable to the Premises. Tenant and Subtenants shall use the Premises for residential purposes only. c. All forms of smoking inside the Premises or any building or interior of any portion of the residential community containing the Premises is strictly prohibited. Any violation of the no-smoking provisions of this Lease is a material and substantial violation of this Lease. i. Smoking refers to any use or possession of any form of any product, including but not limited to, a cigar, cigarette, e-cigarette, hookah, vaporizer, or pipe containing tobacco, tobacco product, marijuana, or marijuana product while that tobacco, tobacco product, marijuana, or marijuana product is burning, lighted, vaporized, or ignited, regardless of whether the person using or possessing the product is inhaling or exhaling the smoke from such product. The term tobacco includes but is not limited to any form, compound, or synthesis of the plant of the genus Nicotiana or the species N. tabacum which is cultivated for its leaves to be used in cigarettes, cigars, e- cigarettes, hookahs, vaporizers, or pipes. Smoking also refers to use or possession of burning, lighted, vaporized, or ignited non-tobacco or non-marijuana products if they are noxious, offensive, unsafe, unhealthy, or irritating to other persons. ii. Tenant and Subtenants are responsible for payment of all costs and damages to the Premises, other units, or any other portion of the residential community for repair, replacement, or cleaning due to smoking or smoke-related damage caused by Tenant or Subtenants. Any costs or damages Landlord incurs related to repairs, replacement, and cleaning due to smoking are in excess of normal wear and tear. Tenant and Subtenants are further responsible for payment of all lost rental income or other economic and financial damages or loss to Landlord due to smoking or smoke-related damage caused by Tenant or by Subtenants. iii. Although Landlord prohibits smoking pursuant to this Lease, Landlord makes no warranty or guarantee of any kind that the Premises or residential community is smoke-free. d. Passageways upon the Premises may be used only for entry or exit. Sidewalks, steps, entrance halls, walkways, and stairs shall not be obstructed or used for any purpose other than ingress or egress. Common areas must be used with care in accordance with Premises rules and posted signs. Landlord 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. Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Page 5 of 15 e. Tenant and Subtenants have a duty to use the Premises in a reasonably clean and safe manner. Tenant and Subtenants fail to maintain the Premises in a reasonable clean and safe manner when Tenant or Subtenant substantially fail to: i. Comply with obligations imposed upon Tenant and Subtenants by applicable provisions of building, health, and housing codes materially affecting health and safety; ii. Keep the Premises reasonably clean, safe, and sanitary and free and clear of all debris, garbage, and rubbish; iii. Dispose of ashes, garbage, rubbish, and other waste from the Premises in a clean, safe, sanitary, and legally compliant manner; iv. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, elevators, and other facilities and appliances in the Premises; v. Act and require other persons in the Premises within the Tenant’s or Subtenants’ control to act in a manner that does not disturb their neighbors; or vi. Promptly notify Landlord if the Premises are uninhabitable as defined in the Colorado Revised Statutes or if there is a condition that could result in the Premises becoming uninhabitable if not remedied. f. Tenant and Subtenants shall be responsible for any and all damage to the plumbing, HVAC, and electrical systems caused by Tenant’s or Subtenants’ intentional, reckless or negligent use, misconduct, or abuse. g. Tenant or Subtenants shall not knowingly, intentionally, deliberately, or negligently alter, destroy, deface, damage, impair, or remove any part of the Premises or knowingly permit any person within Tenant’s or Subtenants’ control to do so. No permanent structures of any kind shall be erected or moved upon the Premises by Tenant or Subtenants without the express written permission from Landlord. h. Tenant and Subtenants agree not to regard any common areas for their own personal use, but to respect the rights of all other residents of the residential community utilizing the common areas to enjoy full use thereof. All use of common areas is at the sole risk of Tenant and Subtenants and Landlord will not be held liable for any damages or injuries occasioned by such use. i. Tenant and Subtenants shall not to make any excessive noise or to create any nuisance such as will disturb the quiet enjoyment of neighbors. This prohibition includes, but is not limited to, loud noises, loud music, noxious or unpleasant odors, disruptive behavior or actions, disorderly conduct, or any other action whatsoever that would cause Landlord or other residents of the residential community to suffer a disturbance or interference with the rights, comfort, conveniences, or quiet enjoyment of their own premises. j. Tenant and Subtenants shall not engage in any illegal activities on the Premises. Tenant and Subtenants shall comply with all rules and regulations applicable to the Premises as defined and Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Page 6 of 15 described in the Community Rules and Regulations, which is included as an addendum to this Lease. Landlord may make reasonable changes to the Community Rules and Regulations, effective immediately. k. Landlord may exclude guests or others who, in Landlord’s judgment, have been violating or are about to violate the law, violating or about to violate this Lease or the Community Rules and Regulations, or disturbing other tenants, neighbors, visitors, or Landlord representatives. Landlord may also exclude from any common area a person who refuses to show photo identification or refuses to provide identification as a tenant or as a guest of a specific tenant in the community. 11. Repairs and Maintenance. a. Landlord shall be responsible for the maintenance and repair of all structural components, interior and exterior walls, floors, ceiling, roofs, sewer connections, plumbing, wiring, appliances, and glass used in connection with the Premises. Notwithstanding the foregoing provisions of the Lease, if repairs, replacements, restorations, or maintenance have been necessitated by any other reason including, without limitation, Tenant’s or Subtenants’ intentional, reckless or negligent use, misconduct or abuse of the Premises, improvements or systems, then Tenant and Subtenant shall be responsible for the cost and expense for repairs, improvements, or maintenance occasioned by such acts or omissions. b. All notices and request for repairs, installations, or services must be in writing to Landlord except in emergencies involving immediate danger to person or property, such as fire, gas, smoke, overflowing sewage, uncontrollable running water, electrical shorts, or a crime in progress. Tenant or Subtenants shall promptly notify Landlord in writing of: water leaks; electrical problems; broken or missing locks or latches; or other conditions that pose a hazard to property, health, or safety. Landlord may change or install utility lines or equipment serving the Premises. Landlord 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, Tenant or Subtenants shall notify Landlord immediately. If air conditioning or other equipment malfunctions, Tenant or Subtenants shall notify Landlord as soon as possible on a business day. Landlord shall act with customary diligence to make repairs and reconnections. Rent will not abate. If Landlord considers fire or catastrophic damage substantial, Landlord may terminate this Lease within a reasonable time by giving Tenant and Subtenants written notice. If this Lease is so terminated, Landlord shall refund prorated rent and all deposits, less deductions. c. Except as may otherwise be permitted by applicable law, Tenant and Subtenants shall not perform or contract with third parties to perform any repairs of any kind on the Premises or structure on which the Premises are located without the prior written consent of Landlord. If any repair which is the responsibility of either Tenant, Subtenants, or Landlord becomes necessary, Tenant or Subtenants must notify Landlord, in writing, as soon as possible and allow reasonable time for the work to be completed. Any unauthorized work performed or contracted for by Tenant or Subtenants will be at Tenant’s or Subtenants’ sole expense and no deductions or offsets in Rent or Additional Rent shall be permitted except to the extent explicitly permitted by law. d. Tenant and Subtenants shall use customary diligence in maintaining the Premises and any common areas. Unless authorized by Landlord in writing, Tenant or Subtenants shall not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter the Premises or the common areas. No holes or stickers are allowed inside or outside the Premises. Landlord 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, Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Page 7 of 15 or re-keying is permitted unless consented to by the Landlord in writing. Tenant or Subtenants shall not alter or remove property, including alarm systems, smoke detectors, carbon monoxide detectors, telephone and cable TV wiring, screens, locks, and security devices. Landlord shall supply light bulbs for fixtures furnished at commencement of the Term; after that, Tenant or Subtenants shall replace them at Tenant’s or Subtenants’ expense with bulbs of the same wattage. Tenant’s and Subtenants’ improvements to the Premises (whether or not Landlord consents) become Landlord’s property at the conclusion of the Term or earlier termination of the Lease unless Landlord agrees otherwise in writing. e. Unless instructed otherwise, Tenant and Subtenants shall, for 24 hours a day during freezing weather: (1) keep the Premises heated to at least 63 degrees; (2) keep cabinet and closet doors open; and (3) drip hot and cold-water faucets. Tenant and Subtenants shall not leave appliances, other than furnaces or air conditioners, or water running unattended. Tenant and Subtenants shall be liable for damage to Landlord’s and others’ property if damage is caused by broken water pipes due to Tenant or Subtenants violating these requirements. 12. Landlord’s Right to Enter. Tenant and Subtenants shall permit Landlord to enter the Premises at reasonable times with reasonable notice for the purpose of making necessary or convenient repairs or reasonable inspections, or to show the Premises to prospective residents, purchasers, or lenders. Entry may be made without prior notice when Landlord reasonably believes that an emergency exists or when the Premises have been abandoned. 13. Parking. a. Landlord may regulate the time, manner, and place of parking cars, trucks, motorcycles, bicycles, boats, trailers, and recreational vehicles at the Premises. Landlord may change the configuration or allocation of parking places at any time. Landlord may have vehicles parked in violation of the Lease, applicable laws, or posted signs towed off the premises at the vehicle owner’s expense, with or without prior notice. All motor vehicles must be properly licensed, registered, and insured. b. Tenant and Subtenants shall not store and/or park any trailer, camper, boat, or any other similar recreational item or vehicle on the Premises without the prior written consent of the Landlord. Tenant and Subtenants shall not make any repairs of motor vehicle and/or recreational items on the Premises without the prior written consent of the Landlord. Abandoned, unlicensed, unregistered, derelict, or inoperable vehicles are not allowed on the Premises. Landlord shall not be responsible for any damage, theft, or vandalism done to the vehicles and equipment of Tenant or Subtenant, or the licensees, invitees, employees, officers or guests of Tenant while such property is on the Premises. Tenant shall look exclusively to its own insurance coverage, if any, for recovery in the event of any such damage, loss or theft. 14. Casualty Loss and Insurance. Landlord does not warrant, represent, or guarantee the safety of Tenant’s or Subtenants’ personal property. Landlord shall not be liable to any Tenant or Subtenant, guest, or occupant for personal injury or damage or loss of personal property from fire, smoke, rain, flood, environmental problems, water leaks, hail, ice, snow, lighting, wind, explosions, and interruption of utilities, unless that injury or damage is caused by Landlord’s negligence. Tenant and Subtenants hereby release Landlord from any and all claims for damage or loss to Tenant’s or Subtenants’ personal property and shall indemnify and hold Landlord harmless from any claims associated with Tenant’s or Subtenants’ personal property regardless of by whom such claims are brought, including Tenant’s or Subtenants’ insurers. Landlord’s insurance policies do not cover Tenant’s or Subtenants’ personal property, including Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Page 8 of 15 Tenant’s or Subtenants’ automobiles. Landlord strongly encourages Tenant and Subtenants to obtain renter’s insurance to cover Tenant’s and Subtenants’ personal property and liability. 15. Notice. All notice to be given with respect to this Lease shall be in writing. Notice shall be delivered to the other party personally, sent to the other party via registered or certified mail, postage prepaid and return receipt requested, or securely and conspicuously posted at the following address or at such other address as either party may from time to time designate in writing: LANDLORD: Eagle County Housing and Development Authority PO Box 850 Eagle, CO 81631 970-328-8770 housing@eaglecounty.us TENANT: Eagle Valley Transportation Authority P.O. Box 1070 Gypsum, CO 81637 970-328-3520 info@evta.org 16. Assignment and Subletting. Tenant shall not assign this Lease without prior written consent of Landlord. Consent to assignment shall be in the sole and absolute discretion of Landlord. 17. Pets. No pet shall be allowed at the Premises without prior written consent of Landlord. If pets are permitted by Landlord, they are limited to one dog, 40 pounds or less, or one cat, 25 pounds or less and Subtenants must deposit an additional pet damage deposit of $300.00. This provision shall not apply to legally documented service animals of disabled persons. If Landlord permits Subtenants to have a pet, Subtenants agree to pay an additional fee of $35.00 per month. Any violation of the pet provisions of this Lease is a material and substantial violation of this Lease. Subtenants allowed to have a pet shall abide by the following requirements: a. Subtenants shall be responsible for cleaning up all pet waste in the Premises and in the residential community. Tenant and Subtenants shall be strictly liable for any injury or damage to any person or property caused by the pet, and agrees to indemnify Landlord for all costs of litigation and damages resulting from any injury to any person or property caused by the pet. b. Subtenants shall provide the pet with a clearly visible identification tag and collar and agrees to comply with all applicable laws, ordinances, and regulations governing Subtenants’ pet, including leash and licensing requirements. c. Subtenants shall keep the pet under control at all times and keep the pet quiet at all times. Subtenants shall ensure the pet will not disturb the rights, comforts, and convenience of neighbors. Under no circumstances is the pet allowed to roam unattended in the residential community. Subtenants shall not leave the pet unattended for any unreasonable period of time. If Subtenants are to be away from the Premises for more than twenty-four (24) hours, arrangements must be made for the care of the pet. Landlord must be notified of any pets that will be unattended for more than twenty-four (24) hours. Pets left Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Page 9 of 15 unattended would may be considered an emergency and may be reported to Eagle County Animal Services and/or other appropriate authority for removal from the Premises at Subtenants’ expense. Landlord accepts no responsibility for any pet or the removal of any pet. d. Subtenants shall not leave food or water for their pet or any other animal outside the Premises or residential community where it may attract other animals. e. Landlord may revoke permission to keep said pet on the Premises upon thirty (30) days written notice from Landlord. f. Subtenants are responsible for payment of all costs and damages to the Premises, other units, or any other portion of the residential community for repair, replacement, or cleaning due to the pet or pet-related damage caused by Subtenant or Subtenants’ occupants, family, guests, or invitees. Any costs or damages Landlord incurs related to repairs, replacement, and cleaning due to pet or pet-related damage are in excess of normal wear and tear. Subtenants are further responsible for payment of all lost rental income or other economic and financial damages or loss to Landlord due to the pet or pet-related damage caused by Subtenants or by Subtenants’ occupants, family, guests, or invitees. 18. Move-Out Procedures. a. Once a move-out date is established by the written notice required of Tenant or Landlord by this Lease or state law, the move-out date cannot be changed unless agreed to in writing by both parties. Early move-out may result in acceleration of future Rent and reletting charges. Before moving out, Tenant shall pay all Rent through the end of the Term. Tenant agrees that Tenant or Subtenants shall not stay in the Premises beyond the date Tenant agreed to move out. Tenant shall provide Landlord with Tenant’s forwarding address. b. Tenant or Subtenants shall thoroughly clean the Premises, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, and storage rooms at the time of move-out. Tenant shall follow Landlord’s move-out cleaning instructions. If Tenant or Subtenants do not clean adequately, Tenant and Subtenants shall be liable for reasonable cleaning charges—including, but not limited to, charges for cleaning carpets, draperies, walls, etc. c. Tenant and Landlord may meet for a move-out inspection. Landlord’s representative has no authority to bind or limit Landlord regarding deductions for repairs, damages, or charges. Any statements or estimates by Landlord or Landlord’s representative are subject to Landlord’s correction, modification, or disapproval before final refunding or accounting. 19. Warranty of Habitability. Landlord warrants that the Premises is fit for human habitation. Landlord shall be deemed to breach the warranty of habitability when: (1) the Premises is uninhabitable as defined by the Colorado Revised Statutes; (2) the Premises is in a condition that is materially dangerous or hazardous to the Tenant’s life, health, or safety; and (3) Landlord has received written notice of the uninhabitable and materially dangerous conditions and has failed to cure those conditions in a reasonable amount of time. Notwithstanding the foregoing, when any condition described above is caused by misconduct of the Tenant or Subtenants, a guest, or invitee of the Tenant or Subtenants, or a person under the Tenant's or Subtenants’ direction or control, the condition shall not constitute a breach of Landlord's warranty of habitability. Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Page 10 of 15 20. Default and Abandonment. a. If Tenant is in arrears in the payment of any installment of Rent or in violation of any other covenants or agreements set forth in this Lease (a “Default”), and the Default remains uncorrected for a period of ten (10) days after Landlord has given written notice of the Default to Tenant pursuant to applicable law, then Landlord may, at Landlord’s option, undertake any or all of the following remedies without limitation: i. terminate this Lease; ii. terminate Tenant’s and Subtenants’ right to possession of the Premises and re-enter and repossess the Premises pursuant to applicable law; iii. recover all present and future damages, costs, and other relief to which Landlord is entitled; iv. pursue Landlord’s lien remedies; v. pursue breach of contract remedies; v. accelerate the payment of Rent or other funds due under this Lease; vi. report unpaid amounts to credit or collection agencies; and/or vii. pursue any and all available remedies in law or equity. b. If possession is terminated by reason of a Default before the Term expires, Tenant shall still be responsible for the Rent for the remainder of the Term, subject to Landlord’s duty to mitigate such damages. c. No reentry of the Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is mailed to Tenant at Tenant's last known address. d. The enumeration of the foregoing remedies does not exclude any other remedy, but all remedies are cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity. e. If Tenant abandons the Premises, then Landlord may, without being obligated to do so and without terminating the Lease, retake possession of the Premises and exercise any of the remedies contained in Paragraph 20.a. above. f. If Landlord re-enters the Premises as a result of abandonment or a Default by Tenant, Tenant shall be liable for damages to Landlord for all loss sustained, including, without limitation, the balance of the Rent, and Tenant’s personal property and the personal property of any guest, invitee, licensee, occupant, or Subtenant may be removed from the Premises and left on the street or alley or, at Landlord’s option, it may be removed and stored or disposed of at Landlord’s sole discretion. Any expense related to Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Page 11 of 15 storage of Tenant’s or Subtenants’ personal property is the sole responsibility of Tenant. Landlord shall not be deemed a bailee of the removed property, and Landlord shall not be held liable for either civil or criminal action as a result of the removal. Tenant and Subtenants shall indemnify Landlord for any expense in defending against any claim by Tenant or Subtenants or third-party and for any legal expense, cost, fine or judgment awarded to any third-party as a result of Landlord’s action under the term of the Lease. g. Notwithstanding any provision to the contrary in the Lease, Tenant shall take commercially reasonable efforts to enforce any Subtenant's performance of any promise, agreement, or covenant of the Lease or any Addendum thereto. In the event that a Subtenant is in default of any provision or covenant of the Lease, Tenant shall not also be in default of such provision or covenant unless Tenant fails to take commercially reasonable steps to cure all violations caused by Subtenant, including but not limited, to eviction of the Subtenant. 21. Additional Provisions. a. The covenants and conditions contained in this Lease shall apply to and bind the Subtenants, heirs, personal representatives, successors, and assigns of the parties. b. Neither Landlord nor any of Landlord’s representatives have made any additional oral promises, representations, or agreements. This Lease is the entire agreement of the parties and may not be modified except by written agreement. c. This Lease has been executed in multiple copies: one for Tenant and one or more for Landlord. By signing the Lease, Tenant acknowledges the receipt of a copy of the Lease and any attachments. Tenant should retain a copy of the Lease and all attachments. d. Landlord may disclose the identities and addresses of Tenant and Subtenants to any requesting law enforcement or other governmental agency, including the U.S. Census Bureau. At Landlord’s option, Landlord may disclose information regarding rental history if requested or authorized by Tenant in writing. e. Tenant shall accept sole responsibility for, and to the extent of Tenant’s insurance coverage, indemnify, hold harmless and defend Landlord from and against any and all claims arising from: (a) Tenant's and Subtenant’s use of the Premises, (b) the conduct of Tenant's business or any other activity, work or things done, permitted or suffered by Tenant and Subtenant in or about the Premises; (c) any breach or default in the performance of any obligation on Tenant's or Subtenant’s part to be performed under the terms of this Lease (but specifically excluding any breach or default which arises because of Landlord's failure to carry out Landlord's obligations under this Lease), including, without limitation, any failure to comply with any Requirements of Law; or (d) any negligence of Tenant or Subtenant or any of Tenant's agents, contractors or employees. To the extent allowed by law, in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises arising from any cause other than the negligence of Landlord or any of Landlord's agents, contractors, or employees, and Tenant hereby waives all claims against Landlord in respect of the risks assumed. Any fiscal or monetary obligations of Tenant arising under this Lease shall always be subject to annual budgeting and appropriation by the governing body of Tenant. Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Page 12 of 15 f. No action or omission of Landlord’s representative will be considered a waiver of covenants, agreements, or conditions or of any subsequent violation, default, or time or place of performance of this Lease. Landlord not enforcing or belatedly enforcing notice requirements, rental due dates, acceleration, liens, or other rights shall not constitute a waiver of the provisions of this Lease. Landlord’s complying with or responding to any oral request does not waive the requirement for written notices under this Lease. Exercising one remedy shall not constitute an election or waiver of other remedies. All remedies are cumulative and non-exclusive. All provisions regarding Landlord’s non-liability and non- duty apply to Landlord’s employees, agents, and management companies. g. This Lease is subordinate to any existing and future recorded security interests on the Premises and any existing or future master leases applicable to the Premises. h. Landlord and Tenant agree that any claim by one against the other for possession of the Premises shall be tried before a judge and not before a jury. i. The invalidity, illegality, or unenforceability of any provision of this Lease shall not affect the validity or enforceability of any other provision. j. Any and all claims, disputes or controversies related to this Lease shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed, interpreted under, and governed by the laws of the State of Colorado. k. If more than one person or entity comprises Tenant as defined in this Lease, it is expressly understood and agreed that each person comprising Tenant as defined in this Lease is jointly and severally liable for any and all obligations of Tenant in the Lease. This means that each and every person or entity comprising Tenant are each, together and separately, responsible for all of Tenant’s obligations. Landlord may, at its option, determine who to hold responsible. l. The time of performance of the payment of rent and performance of each and every of the terms, covenants and conditions hereof is of the essence of this Lease. m. No term or condition of the Lease shall be construed or interpreted as an express or implied waiver by Landlord or Tenant of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, § 24-10-101 et seq. C.R.S. n. Landlord does not discriminate on the basis of disability status, race, color, religion, sex, disability, familial status, sexual orientation, or national origin in the admission or access to, or treatment or employment in, its federally assisted programs and activities. Landlord adheres to all Equal Housing Opportunity Guidelines. Landlord is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. Landlord encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of handicap, race, color, religion, sex, familial status, sexual orientation, or national origin. o. C.R.S. § 24-34-502(1) prohibits source of income discrimination and requires a non- exempt landlord to accept any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person, including income derived from any lawful profession or occupation and income or rental payments derived from any government or private assistance, grant, or loan program. Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Page 13 of 15 IN WITNESS WHEREOF, the parties have executed this Lease as follows: TENANT: LANDLORD: Signature: ____________________________ Signature: ______________________________ Print Name: ___________________________ Title: __________________________________ Date: ________________________________ Date: _________________________________ Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Tanya Allen 8/5/2024 8/5/2024 Kim Bell Williams Executive DirectorExecutive Director Page 14 of 15 RECEIPT FOR PAYMENT Landlord acknowledges that on ____________________________, Landlord received from Tenant the following payments and deposits: ☐ Security Deposit ☐ Pet Damage Deposit ☐ Rent for ☐ first month ☐ last month _______________________________________ Landlord Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE Page 15 of 15 ACKNOWLEDGMENT OF RECEIPT BY TENANT Tenant acknowledges that on the _____ day of , 20___ , Tenant received a copy of this Lease, with the Receipt for Payment above completed, which copy was signed by Landlord and Tenant. ________________________________________ Tenant Docusign Envelope ID: CFA5491A-328B-4131-94EB-1E6E372054BE