01-01-2015 Sherwood Meadows Unit 1-A Lease AgreementSherwood Meadows Unit 1 -A Lease Agreement
THIS LEASE AGREEMENT ( "Lease ") made and entered into on January 1, 2015, by
and between the Town of Avon, a Colorado home rule municipal corporation, ( "Landlord ") and
Danita Dempsey, ( "Tenant ").
WITNESSETH:
1. PREMISES. In consideration for payment of the Rent and the performance of the promises
by Tenant set forth below, the Landlord leases to Tenant the following described residence,
with all the appurtenances: a residence at Sherwood Meadows Unit 1 -A, 371 Nottingham
Road, Avon, Colorado ( "Premises ").
2. TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described
Premises together with any and all appurtenances thereto, for a term of two (2) years
( "Term "), such Term beginning at noon on January 1, 2015, and ending at noon on
December 31, 2016. Tenant may terminate this Lease by providing at least forty -five (45)
days prior written notice to Town.
3. RENT. The total annual rent for the term hereof is the sum of TWENTY THOUSAND ONE
HUNDRED AND SIXTY TWO DOLLARS ($21,162.00) payable in equal installments of
ONE THOUSAND SEVEN HUNDRED AND SIXTY -THREE DOLLARS AND FIFTY
CENTS ($1,763.50) on the first day of each month of the Term. All such payments shall be
made to Landlord at the following address: Town of Avon, P.O. Box 975, One Lake Street,
Avon Colorado 81620.
4. DAMAGE DEPOSIT. No damage deposit is required.
5. USE OF PREMISES. The Premises shall be used and occupied by Tenant for use by
Tenant and any number of persons related to Tenant by blood, marriage, adoption,
guardianship or other duly authorized custodial relationship. Tenant shall not allow
additional persons to use or occupy the Premises without first obtaining Landlord's written
consent to such use, provided that this paragraph shall not restrict the customary and
accessory use of Premises by guests of the Tenant. Tenant shall comply with any and all
laws, ordinances, rules and orders of any and all governmental or quasi - governmental
authorities affecting the cleanliness, use, occupancy and preservation of the Premises.
6. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has
examined the Premises, and that the Premises is at the time of this Lease in good order,
repair, and in a safe, clean and tenantable condition.
7. ASSIGNMENT AND SUB - LETTING. Tenant shall not assign this Lease, or sub -let or
grant any license to use the Premises or any part thereof without the prior written consent of
Landlord. A consent by Landlord to one such assignment, sub - letting or license shall not be
deemed to be a consent to any subsequent assignment, sub - letting or license. An assignment,
sub - letting or license without the prior written consent of Landlord or an assignment or sub-
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letting by operation of law shall be absolutely null and void and shall, at Landlord's option,
terminate this Lease.
8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the
buildings or improvements on the Premises or construct any building or make any other
improvements on the Premises without the prior written consent of Landlord. Any and all
alterations, changes, and /or improvements built, constructed or placed on the Premises by
Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant,
be and become the property of Landlord and remain on the Premises at the expiration or
earlier termination of this Lease.
9. NON - DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of
the Premises to Tenant upon the commencement of the Lease Term, through no fault of
Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein
provided shall abate until possession is given. Landlord or its agents shall have thirty (30)
days in which to give possession, and if possession is tendered within such time, Tenant
agrees to accept the leasehold possession of the Premises on that date in accordance with the
terms of this Lease and pay the rent herein provided from that date. In the event possession
cannot be delivered within such time, through no fault of Landlord or its agents, then this
Lease and all rights hereunder shall terminate.
10. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a
dangerous, flammable or explosive character that might unreasonably increase the danger of
fire or explosion on the Premises or that might be considered hazardous or extra hazardous
by any responsible insurance company.
11. UTILITIES. Tenant is responsible for arranging for and paying for all utility services
required on Premises. Tenant will contact any and all utility providers to arrange for transfer
service to Tenant's name within one (1) week of the commencement of the Lease Term.
Landlord shall pay the homeowners association dues.
12. MAINTENANCE AND REPAIR; RULES. Landlord will, at its sole expense, maintain
and repair the Premises and appurtenances in good and sanitary condition during the Term of
this Lease and any renewal thereof. This paragraph shall not apply to damage or excessive
wear and tear which is caused by negligent acts of Tenant. The Tenant shall contact the
Town of Avon Finance and Administration Department with any notices, concerns or
requests related to the Landlord's obligations under this paragraph.
13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly
uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of
Tenant, this Lease shall terminate from such time except for the purpose of enforcing rights
that may have then accrued hereunder. The rental provided for herein shall then be
accounted for by and between Landlord and Tenant up to the time of such injury or
destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding
rentals collected beyond such date. Should a portion of the Premises thereby be rendered
uninhabitable, the Landlord shall have the option of either repairing such injured or damaged
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portion or terminating this Lease. In the event that Landlord exercises its right to repair such
whole Premises, and such part so injured shall be restored by Landlord as speedily
as practicable, after which the full rent shall recommence and the Lease continue according
to its terms.
14. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all
reasonable times during the Term of this Lease and any renewal thereof to enter the Premises
for the purpose of inspecting the Premises and all buildings and improvements thereon and
for the purposes of making any repairs, additions or alterations as may be deemed
appropriate by Landlord for the preservation of the Premises or the building. Landlord shall
provide at least twenty -four (24) hours prior notice to Tenant before entering the Premises for
the purpose of inspecting the Premises unless emergency circumstances require immediate
inspection, in which case Landlord shall exercise best efforts to notify Tenant prior to such
emergency inspection. Landlord and its agents shall further have the right to exhibit the
Premises and to display the usual "for sale ", "for rent" or "vacancy" signs on the Premises at
any time within forty -five (45) days before the expiration of this Lease. The right of entry
shall likewise exist for the purpose of removing placards, signs, fixtures, alterations
or additions, which do not conform to this Lease or to any restrictions, rules or
regulations affecting the Premises.
15. SUBORDINATION OF LEASE. This Lease and Tenant's interest hereunder are and shall
be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or
hereafter placed on the Premises by Landlord, all advances made under any such mortgages,
liens or encumbrances (including, but not limited to, future advances), the interest payable on
such mortgages, liens or encumbrances and any and all renewals, extensions or modifications
of such mortgages, liens or encumbrances.
16. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the
consent of Landlord after the natural expiration of this Lease, a new tenancy from month -to-
month shall be created between Landlord and Tenant which shall be subject to all of the
terms and conditions hereof except that rent shall then be due and owing at ONE
THOUSAND SEVEN HUNDRED AND SIXTY -THREE DOLLARS AND FIFTY CENTS
($1,763.50) per month and except that such tenancy shall be terminable upon fifteen (15)
days written notice served by either party.
17. SURRENDER OF PREMISES. Upon the expiration of the Term hereof, Tenant shall
surrender the Premises in as good a state and condition as it was at the commencement of this
Lease, except reasonable wear and damages by the elements to the Premises.
18. PETS. Tenant shall be entitled to keep domestic pets on the Premises.
19. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as
being payable by Tenant and Tenant's performance of all Tenant's agreements contained
herein and Tenant's observance of all rules and regulations, shall and may peacefully and
quietly have, hold and enjoy said Premises for the Term hereof.
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20. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to
the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering
the Premises or the building of which the Premises are a part or to goods or equipment, or in
the structure or equipment of the structure of which the Premises are a part, and Tenant
hereby agrees to indemnify, defend and hold Landlord harmless from any and all
claims or assertions of every kind and nature.
21. DEFAULT. If Tenant fails to comply with any of the material provisions of this Lease,
other than the covenant to pay rent, or of any present rules and regulations or any that may be
hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on
Tenant by statute, then Landlord may terminate this Lease no sooner than seven (7) days
after delivery of written notice by Landlord specifying the non - compliance and indicating the
intention of Landlord to terminate the Lease by reason thereof. If Tenant fails to pay rent
when due and the default continues for seven (7) days thereafter, then Landlord may, at
Landlord's option, declare the entire balance of rent payable hereunder to be immediately due
and payable; may exercise any and all rights and remedies available to Landlord at law or in
equity; may immediately terminate this Lease, provided that all terms concerning amounts
due to Landlord and Landlord's rights to recover such amounts and costs of collection shall
survive such termination; and, may seek to relet the Premises to a new tenant provided that
Tenant's rent payment obligations to Landlord may be reduced if the Premises is relet in the
same manner as described in Paragraph 23. ABANDONMENT below.
22. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is
not made on the 5th day of the month when due (in the case of holdover), Tenant shall pay to
Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the
amount of TWENTY -FIVE DOLLARS ($25.00).
23. ABANDONMENT. If at any time during the Term of this Lease Tenant abandons the
Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the
Premises in the manner provided by law, and without becoming liable to Tenant for damages
or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent
for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the
whole or any part of the then unexpired Term, and may receive and collect all rent payable
by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference
between the rent that would have been payable under this Lease during the balance of the
unexpired Term, if this Lease had continued in force, and the net rent for such period realized
by Landlord by means of such reletting. If Landlord's right of reentry is exercised following
abandonment of the Premises by Tenant, then Landlord shall consider any personal property
belonging to Tenant and left on the Premises to also have been abandoned, in which case
Landlord may dispose of all such personal property in any manner Landlord shall deem
proper and Landlord is hereby relieved of all liability for doing so.
24. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to
enforce any of the conditions or covenants hereof, including the collection of rentals or
gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including
reasonable attorneys' fees.
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25. RECORDING OF LEASE. Tenant shall not record this Lease on the Public Records of any
public office. In the event that Tenant shall record this Lease, this Lease shall, at Landlord's
option, terminate immediately and Landlord shall be entitled to all rights and remedies that it
has at law or in equity.
26. GOVERNING LAW. This Lease shall be governed, construed and interpreted by, through
and under the Laws of the State of Colorado.
27. SEVERABILITY. If any provision of this Lease or the application thereof shall, for any
reason and to any extent, be invalid or unenforceable, neither the remainder of this Lease nor
the application of the provision to other persons, entities or circumstances shall be affected
thereby, but instead shall be enforced to the maximum extent permitted by law.
28. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be
binding on and inure to the benefit of the heirs, legal representatives, and assigns of the
parties hereto.
29. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of
reference only and they are not intended to have any effect whatsoever in determining the
rights or obligations of the Landlord or Tenant.
30. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either
gender or both, singular and plural.
31. NON - WAIVER. No indulgence, waiver, election or non - election by Landlord under this
Lease shall affect Tenant's duties and liabilities hereunder.
32. MODIFICATION. The parties hereby agree that this document contains the entire
agreement between the parties and this Lease shall not be modified, changed, altered or
amended in any way except through a written amendment signed by all of the parties hereto.
33. NOTICE. Any notice required or permitted under this Lease or under state law shall be
deemed sufficiently given or served if sent by United States certified mail, return receipt
requested, addressed as follows:
If to Landlord:
Town of Avon
P.O. Box 975
One Lake Street
Avon, CO 81620
If to Tenant:
Danita Dempsey
371 Nottingham Road, Unit 1 -A
Avon, CO 81620
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Landlord and Tenant shall each have the right from time to time to change the notice address
under this paragraph by providing written notice of such change to the other party.
34. EMPLOYMENT BY TOWN. Tenant must remain in good standing for performance with
the Town pursuant to the Town's human resources policies. If the Tenant, for any reason, is
no longer employed by Landlord then this Lease will terminate in sixty (60) days of non-
employment by Tenant with Town and Tenant shall vacate the Premises within sixty (60)
days. Town may deduct amounts due to the Town under this Lease from Tenant's payroll
payments from Town upon resignation, discontinuance or termination Tenant's employment
with Town if Tenant is in default of this Lease.
35. DEDUCTION FROM PAYROLL. Town may deduct from Town's payroll payments to
Tenant the following items: (1) costs for repair of any damage to the Premises caused by
Tenant or Tenant's invitees; (2) late payments along with penalties and interest which are
more than sixty (60) days in arrears; and, (3) any and all costs incurred by Town related to
collection and enforcement of Lease upon default by Tenant.
LEASE READ, UNDERSTOOD, AGREED AND EXECUTED:
TO F AVON as LANDLORD:
By: - Date:
Jerre Fancher, Mayor
Attest: , �'QQ _, Date:
Debbie Hoppe, Town Clerk
"Il;NA '1'�
1 f
By: LL. �Z Date: / i
Dariita Dempsey
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