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04-18-2019 Sherwood Meadows Lease - Preston NeillSherwood Meadows Unit 1-A Lease Agreement THIS LEASE AGREEMENT ("Lease") made and entered into on April 18, 2019, by and between the Town of Avon, a Colorado home rule municipal corporation, ("Landlord") and Preston Neill, ("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 teen of one (1) year ("Term"), such Tenn beginning at noon on May 15, 2019, and ending at noon on May 14, 2020. Tenant may tenninate 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-FIVE THOUSAND EIGHT HUNDRED DOLLARS ($25,800.00) payable through 26 payroll deductions of NINE HUNDRED NINETY-TWO DOLLARS AND THIRTY-ONE CENTS ($992.31) each. 4. DAMAGE DEPOSIT. No damage deposit will be required, however, Section 13 will govern any damages beyond normal wear and tear. 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-govermnental 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- letting by operation of law shall be absolutely null and void and shall, at Landlord's c terminate this Lease. Page 1 of 6 Sherwood Meadows Lease Agreement April 18, 2019 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 demised Premises and pay the rental 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 Human Resources department with any notices, concerns or requests related to the Landlord's obligations under this paragraph. 13. DAMAGE TO PREMISES — RESPONSIBILITIES. 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 portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rent shall abate in the proportion that the injured parts bears to the 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. Page 2 of 6 Sherwood Meadows Lease Agreement April 18, 2019 At the close of the lease or extension, tenant shall deliver the Premises to the Landlord, broom -clean, in good order and repair, ordinary wear and tear excepted. The cost of any damages caused by the Tenant beyond ordinary wear and tear shall be carried by the Tenant. Within fourteen calendar days prior to the end of the Lease, Landlord shall tour the Premises with Tenant to estimate any reasonable restoration costs. Landlord shall submit the line -item estimation within ten calendar days of completion of such joint tour. The Tenant may choose to effect such restoration or repairs themselves, or may remit payment to the Landlord within 15 business days from when the Landlord provided the estimate. 14. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the Tenn 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 snaking any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. 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 terns and conditions hereof except that rent shall then be due and owing at ONE THOUSAND THREE DOLLARS AND EIGHTY-FIVE CENTS ($1,003.85) per payroll deduction 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 Tenn 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. 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. 19. 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 Page 3 of 6 Sherwood Meadows Lease Agreement April 18, 2019 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. 20. 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. 21. 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). 22. 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. 23. 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. 24. 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 Page 4 of 6 Sherwood Meadows Lease Agreement April 18, 2019 option, tenninate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity. 25. GOVERNING LAW. This Lease shall be governed, construed and interpreted by, through and under the Laws of the State of Colorado. 26. 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 pennitted by law. 27. 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. 28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in detennining the rights or obligations of the Landlord or Tenant. 29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 30. NON -WAIVER. No indulgence, waiver, election or non -election by Landlord under this Lease shall affect Tenant's duties and liabilities hereunder. 31. 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. 32. 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 snail, return receipt requested, addressed as follows: If to Landlord: Town of Avon P.O. Box 975 100 Mikaela Way Avon, CO 81620 If to Tenant: Preston Neill P.O. Box 4681 371 Nottingham Road, Unit 1-A Avon, CO 81620 Page 5 of 6 Sherwood Meadows Lease Agreement April 18, 2019 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. 33. EMPLOYMENT BY TOWN. Tenant must remain in good standing for perfonnance 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 tenninate 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. 34. 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: TOWN O --AVON as LANDLORD: By: �_ =�`U Y Date: �- La cc J. I i ards, Human Resources Director Attest: Date: (' /Z-,? A 4te, nda Torres, Town Clerk TENANT: By: Date: 9 Z U Preston Neill Page 6 of 6 Sherwood Meadows Lease Agreement April 18, 2019