TC Res. No. 2000-11RESOLUTION NO. II
SERIES OF 2000
A RESOLUTION AUTHORIZING THE TOWN OF AVON TO ENTER INTO A
CONTRACT WITH JOHN H. LAERI, JR. TO PURCHASE SHERWOOD MEADOWS
CONDOMINIUM UNITS IA, 1C, 1D, 213, 2C, 2E, 2F, 3A, 3B, 4B, AND 41); AVON,
COLORADO.
WHEREAS John H. Laeri, Jr. is the owner of SHERWOOD MEADOWS
CONDOMINIUM UNITS 1 A, 1 C, 1 D; 2B, 2C, 2E, 2F, 3A; 313, 4B, AND 4D, Avon,
Colorado, and
WHEREAS the Council desires the Town of Avon to purchase said units for a
purchase price not to exceed Two Million Dollars ($2,000,000),
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Mayor is hereby authorized to execute the attached contractual offer.
ADOPTED this 22 day of February , 2000.
TOWN OF AVON, COLORADO
J Yoder x r
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
0
Burt Levin, Town Attorney
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The printed portions of this form have been approved by the Colorado Real Estate Commission. (CBSI-9-99)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
CONTRACT TO BUY AND SELL REAL ESTATE
(RESIDENTIAL) `
Date- F~bf✓nry Z,~, 20D0
1. AGREEMENT. Buyer agrees to buy and the undersigned Seller agrees to sell the Property defined below. on the terms and
conditions set forth in this contract.
2. DEFINED TERMS.
a. Buyer. Buyer, T~►~'N 0 F QvO~/, Loy a12~¢ P o ,
will take title to the real property described below as 0 Joint Tenants 13 Tenants In Common JS Other Sok Owwer
b. Property. The Property is the following legally described real estate:
S ~P_rvevvd AfAdvw4 16 . I A, l L~ 11) 2 0.) 2 G, 4 E, 2 F R A J
3 a, y VW4 C a gl 6 Z°
in the County of t{^ Q s , Colorado, commonly known as
No.
Street Address City State Zip
together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, all interest of Seller
in vacated streets and alleys adjacent thereto, except as herein excluded.
c.Dates and Deadlines.
Item No.
Reference
Event
Date or Deadline
1
§ 5a
Loan Application Deadline
AeA
2
§ 5b .
' Loan Commitment Deadline
W1 A
3
§ 5c
Buyer's Credit Information Deadline
/ q
4
§ 5c
Disapproval of Buyer's Credit-Deadline-----
Nl
5
§ 5d
Existing Loan Documents Deadline
N I A
6
§ 5d
Objection to Existing Loan Deadline
N1i4
7
§ 5d
Approval of Loan Transfer Deadline
IV
8
§ 6a
Appraisal Deadline
y- 17-OD
9
§ 7a
Title Deadline
10
§ 7a
Survey Deadline
11
§ 7b
Document Request Deadline
12
§ 7c, § 8a
Title Objection Deadline
13
§ 8b
Off-Record Matters Deadline
1 -BD
14
§ 8b
Off-Record Matters Objection Deadline
4 Ofl
15
§ 8e
Right Of First Refusal Deadline
I V14
16
§ 10
Seller's Property Deadline
:3^00
17
§ 10a
Inspection Objection Deadline
S-l7-OD
18
§ 10b
Resolution Deadline
S%,3l -00
19
§ 11
Closing Date
S " - D D
20
§ 16
Possession Date
- p
21
§ 16
Possession Time
OP . we. rUJ
22
§ 28
Acceptance Deadline Date
23
§ 28
Acceptance Deadline Time
S: v O . ~r.• "+S
d. Attachments. The following exhibits, attachments and addenda ar a part of this contras :
rwt4~~''~s WOM'fing24t,y L. S+4{~.o~F.►'F O /q~17 LOwO Gs"es
A.
l3. LeAfes; S" W,N6, ,-sf 14y- l-Wlereaf46br, Ile
Fore. H 0w-t13/r4k?
e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation
` N/k means not applicable.
3. INCLUSIONS AND EXCLUSIONS..
a. The Purchase Price includes the following items (Inclusions):
(1) Fixtures. If attached to the Property on the date of this contract, lighting, heating, plumbing, ventilating, and air con-
ditiordng fixtures, TV antennas, inside telephone wiring and connecting blocksrjacks, plants, mirrors, floor coverings, intercom
systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), garage door
openers including 010 Y remote controls; and all 0114Q/ f 0l r&.I 41 ~o~pPg/0 W "Aht 17
Te V loc.g.4-a E' o-t 114a, frvpe/e ~s o+ 44 4&f-c
No. CBS1-9-99. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL)
Bradford Publishing, 1743 Wazee St.. Denver. CO 50202 - (303) 292-250D - www.bmdfbrdpubUshing.com - 6-99 Page 1 of 6
66 IN Water Somas, Eff mok&Mm Detectors, Iff Security Syste tellite Systems (including satellite dishes and accessories); and
67
68
69
70 (3) Parking and Storage Facilities. use of the following parking facilities: CIO V
71 and the following storage facilities: ..31 90/
72 (4) ' Water Rights. The follo rig` legally described water rights: IV
73
74
75
76 b.. Instruments of Transfer. The Inclusions are to be conveyed at Closing free and clear of all taxes, liens and encumbrances, except as
77 provided in § 12. Conveyance shall be by bill of sale or. other' applipable legal instrument(s). Any water rights shall be conveyed by
78 NIA deed or other applicable legal, instrument(s).
79 c. Exclusions. The following attached fixtures are excluded from this sale:
80
81
82 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall.be payable in U: S. Dollars-by Buyer as follows:
83
84 Item No. Reference Item Amount Amount
85 1 4 Purchase Price _Ls 000 amp
86 2 4a Earnest Money 87 3 4b New Loan 88 4 4c Assum tion Balance 89 5 4d Seller or Private Financin 90 6 4e Cash at Closin 91 7 TOTAL 92 a. Earnest Money. The Earnest Money set forth in this Section, in the form of 41 B ti K , is part pay-
93 ment of the Purchase Price and shall be payable to and held by ~.rl+ AV Putt 1o le kin its trust account, on behalf of both Seller and
94 Buyer. The parties authorize dglivery of the Earnest.Money deposit to the Closing.Company, if any, at or before Closing.
95
96 ❑ Other This loan will be secured by a (1st, 2nd, etc.) deed of trus
97 The loan may be increased to add the cost of mortgage insurance, VA funding fee and other items for a total loan amount, not in ex of
98 $ , which shall be amortized over a period of years at approximately $ per mon clud
99 ing principal and interest not to exceed % per annum, plus, if required by Buyer's lender, a monthly deposit of %u of the ted annual
100 real estate taxes, property insurance premium; and mortgage insurance premium. If the loan is an adjustable interest rate or ' payment
101 loan, the monthly payments and interest rate initially shall not exceed the figures set forth above.' .
102 Loan discount points; if any; shall be paid to lender at Closing and shall not exceed % of the total loan unt.. Notwithstanding
103 the loan's interest rate, the first loan'diseount points shall be paid by > and the balance, if
104 any, shall be paid by
105 Buyer shalLtimely. pay Buyer's loan costs and a loan origination fee not to exceed % of the an amount. .
106 c. Assumption. Buyer, agrees to assume and pagan existing loan in the. approximate amount of Assumption Balance set forth in this
107 Section, presently payable at $ - - - - - per month including principal, interest presently % per annum, and also includ-
108 ing escrow for the following as,. indicated: 13 Real Estate Taxes, 1] Property Insurance ium, 1] Mortgage Insurance - Premium,.
109 and
110 Buyer agrees to pay a loan transfer fee not to exceed $ At the ti of assumption, the new interest rate shall not exceed
111 % per annum and the new monthly payment shall not exceed $ principal and interest, plus escrow,, if any.
112 If the actual principal balance of the existing loan at Closing is less than the Assum n Balance, which causes the amount of cash required from
113 Buyer at Closing to be increased by more than $ , then Buyer May Terminate this contract effective upon receipt by
114 Seller of.BuyerIs written notice of termination or 13
Shall Not
115 Seller O Shall 0 Shall Not be released from liability on said 1 , and if a VA-guaranteed loan,.Seller's eligibility 0 Shall 13
116 bereinstated. If applicable, compliance with the requirements for ree from liability or reinstatement of.eligibility shall.be evidenced by deliv-
117 cry at Closing of appropriate letter of commitment from 13 VA der. Cost payable for release of liability/reinstatement of VA eligibility shall
118 be paid by in ount not to exceed $
119 d. Seller or Private Financing: Buyer agrees to ecute a promissory note payable to:
120 E3 Joinf Tenants 17 Tenants In Common O Other on
121 the note form as indicated:
122 O (UCCC - No Default-Rate) NTD 82-3795 (Default Rate) NTD 81-11-83 O Other
123 secured by a (1st, 2nd,, exc.) of trust encumbering the Property, using the form as indicated: E Strict Due-On-Sale (TD 72-7-96)
124 Q Creditworthy (TD 73-7-96) 13 ble - Not Due On Sale (I'D 74-7-96) 0 Other
125 Buyer 13 Shall ❑ Shall execute and deliver, at Closing, a Security Agreement and UCC-1 Financing Statement granting the holder
126; -of-the promissory note a (1st, 2nd, etc.) lien on the personal property included in this sale. The promissory note shall be amortized .
127 on the basis of 0 years 13 months, payable at $ per month including principal and interest at the rate
128 of % per - Payments shall commence and shall be due on the day of each
129 succeeding month. not sooner paid, the balance of principal and accrued interest shall be due and payable
130 after Closing. Payments O Shall • 3 Shall Not be increased by q2 of estimated annual real estate taxes, and O Shall
131 O Shall N increased by l2 of estimated annual property insurance premium: The loan shall.also contain the following terms: if.any payment
132 is not rved within calendar days after its due date, a late charge of % of such monthly payment shall be due.
133 Inte on lender disbursements under the deed of trust shall be % per annum. Default interest rate shall be % per annum.
134 er may prepay without apenalty except
135 -13 Ebe!{-AieE-prexide a taetigagre's titl U • R '
136 e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing, plus Buyer's closing costs, shall be in funds which
137 comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's check and
138 cashier's check (Good Funds).
63 (2) Other Inclusions. If on the Property whether attached or not on the date of this contract: storm windows, storm doors, window and
64 porch shades, awnings,' blinds, screens, window coverings, curtain rods, drapery rn&, insets, fireplace screens, fireplace grates, heating
65 sto storage sheds, and keys. Check applicable boz ) if included:
'
No. CBS1-9-99. Page 2 of 6 (1,
Atia
E39-6r- Ve1Nr3 eeNDMOM AND QSb1ECN14~IANS.
140 a. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan, or if an existing loan is not to be released
141 at Closing, Buyer, if required by such lender, shall make written application by Loan Application Deadline 2c). Buyer shall coRythe 142 Seller and lender to obtain loan approval, diligently and timely pursue same in good faith, execute all documents and furnish all infnand
143 documents required by lender, and, subject to § 4, timely pay the costs of obtaining such loan or lender consent. Buyer agrees to rea-
144 sonable requirements of lender, and shall mot withdraw the loan or assumption application, nor intentionally cause any ch in circumstances
145 which would prejudice lender's approval of the loan application or funding of the loan.
146 b. Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan as fled in § 4b, this contract is
147 conditional upon Buyer obtaining a written loan commitment including, if required by lender, (1) lender v 'cation of employment, (2) lender
.148 approval of Buyer's credit-worthiness, (3) lender verification that Buyer has sufficient funds to cl , and (4) specification of any remaining
149 requirements for funding said loan. This condition shall be deemed waived unless Seller receiv rom Buyer, no later thanLoan Commitment
150 Deadline 2c), written notice of Buyer's inability to obtain such loan commitment. If er so notifies Seller, this contract shall terminate.
151 IF BUYER WAIVES THIS CONDITION BUT DOES NOT CLOSE, BUYER S L BE IN DEFAULT.
152 c. Credit Information. If Buyer is to pay all or part of the Purchase ' y executing a promissory note in favor of Seller or-if an exist-
153 ing loan is not to be released at Closing, this contract is conditional upon is approval of Buyer's financial ability and creditworthiness; which
154 approval shall be at Seller's sole and absolute discretion. In such c . 1) Buyer shall supply to Seller by Buyer's Credit Information Deadline
155 2c), at Buyer's expense, information and documents conc ' g Buyer's financial, employment and credit condition; (2) Buyer consents that
156 Seller may verify Buyer's financial ability and creditwo ness (including obtaining a current credit report); (3) any such information and docu-
157 ments received by Seller shall be held by Seller i fidence, and not released to others.-except to protect Seller's interest in this transaction; (4)
158 if Seller does not provide written notice of S is disapproval to Buyer by Disapproval of Buyer's Credit Deadline 2c), then Sellerwaives
159 this, condition. If Seller does provide ' en notice of disapproval to Buyer on or before said date, this contract shall terminate.
160 d. Existing Loan Review f an existing loan is not to be released at Closing, Seller shall provide copies of the loan documents (includ-
161 ing note, deed of trust, and modifications) to Buyer by Existing Loan Documents Deadline 2c). This contract is conditional upon Buyer's
162 review. and approval a provisions of such loan documents. If written notice of objection to such loan documents, signed by Buyer, is not
763 received by Sel y the Objection to Existing Loan Deadline 2c), Buyer accepts the terms and conditions of the documents. If the lender's
164 approval ransfer of the Property is required, this contract is conditional upon Buyer's obtaining such approval without change in the terms of
165 suc n, except as set forth in § 4c. If lender's approval is not obtained by Approval of Loan Transfer Deadline 2c), this contract shall ter-
166 inate on such date. If Seller is to be released from liability under such existing loan or if Seller's VA eligibility is to be reinstated and Buyer does
168 6. APPRAISAL PROVISIONS.
169 a. Appraisal Condition.
170 17 (1) No Appraisal Condition. This subsection a. shall not apply.
171 0 (2) FHA. It is expressly agreed that notwithstanding any other provisions of this contract, the Purchaser (Buyer) shall not be oblig-
172 aced to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless
173 the Purchaser (Buyer) has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner,
174 Veterans Administration, or a Direct Endorsement lender setting forth the appraised value of the Property of not, less than
175 $ The Purchaser (Buyer) shall have the privilege and option of proceeding with consummation of the contract without
176 regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of
177 Housing and Urban Development will insure. HUD does not wan-ant the value nor the condition of the Property. The Purchaser (Buyer) should sat-
178 isfy himself/herself that the price and condition of the Property are acceptable.
179 0 (3) VA. If Buyer is to pay the Purchase. Price by obtaining a new VA-guaranteed loan, it is agreed that, notwithstanding any other pro-
180 visions of this contract, Buyer shall not incur any penalty by forfeiture of earnest money or otherwise be obligated to complete the purchase of the
181 Property described herein, if the contract Purchase Price or cost exceeds the reasonable value of the Property established by the Veterans -
182 Administration Buyer shall, however, have the privilege and option of proceeding with the consummation of this contract without-regard to the
183 ~°unt of the reasonable value established by the Veterans Administration..
184 ® (4) Other. Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds the Property's valu-
185 ation determined by an appraiser engaged by ✓)re ( . The contract shall terminate by
186 Buyer giving Seller written notice of termination and either a copy of such appraisal or written notice from lender which confirms the Property's
187 valuation is less than the Purchase Price, received on or before the Appraisal Deadline 2c). If Seller does not receive such written notice of
188 termination on or before the Appraisal Deadline 2c), Buyer waives any right to terminate under this subsection. /
189 b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by 19 Buyer 0 Seller.
190 7. EVIDENCE OF TITLE.
191 a. Evidence of Title; Survey. On or before Tide Deadline 2c), Seller shall cause to be furnished to Buyer, at Seller's expense, a cur-
192 rent commitment for owner's title insurance policy in an amount equal to the purchase Price or if this box is checked; 0 An Abstract of title
193 certified to a current date. If a title insurance commitment is furnished, it Eff Shall 0 Shall Not commit to delete or insure over the standard
194 exceptions which relate to:
195 (1) parties in possession,
196 (2). unrecorded easements,
197 (3) survey matters,
198 (4) any unrecorded mechanics' liens,
199 (5) gap period (effective date of commitment to date deed is recorded), and
200 (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing.
201 Any additional premium expense to obtain this additional coverage shall be paid by Seller. An amount not to exceed $ MIA for
202 the cost of any improvement location certificate or survey-shaft be paid by 0 Buyer. 0 S'elle`r.` If thetcost'exc beds this amount;'Buyersl all°pay the
203 excess on or before Closing unless Buyer deliver: to Seller or Listing Company, before the improvement location certificate or survey is ordered,
204 Buyer's written' notice allowing'the:exception. foe-sarvey.miners. The improvement location certificate or survey shall be received by Buyer on or
205 before Survey Deadline 2c). Seller shall cause the title insurance policy to be delivered to Buyer as soon as practicable at or after Closing.
206 b. Copies of Exceptions. On or before Title Deadline 2r.), Seller, at Seller's expense, shall furnish to Buyer, (1) a copy of any plats,
207 declarations, covenants, di
tions and restrictions burdening the Property, and .(2) if a title insurance commitment is required to be furnished, and
208 if this box is checked ® Copies of any Other Documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions
209 (Exceptions)4 Even if the box is not checked, Seller "shall have the-obligation to furnish these documents pursuant to this subsection if requested
210 by Buyer any time on or before the Document Request Deadline 2c). This requirement shall pertain only to documents as shown of record in
211 the office of the clerk and recorder(s). The abstract or title insurance commitment, together with any copies or summaries of such documents fur-
212 nished pursuant to this Section, constitute the title documents (Title Documents).
213 c. Common Interest Community. Governing Documents.
214 0 (1) Not Applicable. This subsection c. shall not apply.
215 0 (2) Conditional on Buyer's Review. Seller shall cause to be furnished to Buyer, at Seller's expense, on or before fide Deadline
216 2c) a current copy of the owner's association declarations, bylaws, rules and regulations, party wall agreements (herein collectively "Governing
217 Documents"), most recent financial documents consisting of (a) annual balance sheet, (b) annual income and expenditures statement, and (c) annual
218 budget (herein collectively "Financial Documents"), if any. Written notice of any unsatisfactory provision(s) in any of these documents signed by
219 Buyer, or on behalf of Buyer, and given to Seller on or before Governing Documents Deadline, [which is the same as Title Objection Deadline:-
220 2c)], shall terminate this contract. If Seller does not receive written notice from Buyer within such time, Buyer.accepts the terms of said docu- .
221 ments, and Buyer's right to terminate this contract pursuant to this subsection is waived, notwithstanding the provisions of § 8d.
222 111 (3)Not-Conditional on Review Buyer acknowledges that Seller has delivered a copy of the Governing Documents and Financial
223 Documents. Buyer Has reviewed them, agrees to accept the benefits, obligations and restrictions which they impose upon the Property and its own-
224 ers and waives any right to terminate this contract due to such documents, notwithstanding the provisions of § 8d.
No. CBS1-9-99. Page 3 of 6
m
225 8. TITLE.
226 a. Title Review. Buyer shall have the right to inspect the Title Documents: Written notice by Buyerof unmerchantability of title or of
227 any other unsatisfactory" title condition shown by the Title Documents shall be signed by or on behalf of Buyer and given.to Seller on or before-
228 Title Objection Deadline 2c),'or within five (5) calendar days after receipt by Buyer of any-Title Document(s) or endorsement(s) adding new
229 Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title., If Seller does not receive Buyer's
230 notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory.
231 b. Matters not Shown by the Public Records. Seller shall deliver to Buyer,"on or before Off-Record Matters Deadline 2c) true
232 copies of all lease(s) and survey(s) in Seller's possession-pertaining-to the Property and shall disclose to Buyer all easements, liens or other title:
233 matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if
234 any third party(ies) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease; or boundary
235 line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or 'revealed by such inspection shall be signed by or on'
236 behalf of Buyer and given to Seller on or before Off-Record Matters Objection'Deadline 2c). If Seller does not receive Buyer's notice by
237 said date, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge.
238 c. "Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTED-
239 NESS THAT IS PAID BY REVENUES PRODUCEDAFROM ANNUAL TAX. LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH
240 DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR'INCREASED'MILL LEVIES AND
241 EXCESSIVE TAX BURDENS TO.SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESUI;nNG IN
242 THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL
243 LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OFTHE AUTHORIZED"GENERAL OBLIG
244 ATION INDEBTEDNESS OF -SUCH DISTRICTS, EXISTING :MILL LEVIES OF SUCH DISTRICT SERVICING SUCH
245 INDEBTEDNESS; AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
246 In the event the Property is located within a special taxing district and Buyer desires to terminate this'contract as'a result, if written notice is
247 received by Seller on or before Off-Record Matters Objection Deadline 2c), this contract shall then terminate. ' If Seller does not receive Buyer's
248 notice by such date, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate.
249 d. Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s)-or commitment terms
250 as provided in § 8 a or b above; Seller shall use reasonable effort to correct said items and bear any nominal expense to correct the same prior to
251 Closing. If such unsatisfactory title condition(s) are not corrected on or before Closing, this contract shall then terminate; provided, however, Buyer
252 may, by written notice received by Seller, on or before Closing, waive objection to such items.
253 e. Right of First Refusal. If the Governing Documents require written approval of the sale contemplated by this contract or waiver of
'254 any option or right of first refusal by the owners" association or any other owner in'the owners' association, Seller shall timely submit this contract
255 and request approval of the sale or waiver of any option or right of first refusal pursuant to such provisions. If no such approval or waiver is
256 obtained on or before Right Of First Refusal Deadline 2c), this contract shall terminate. Buyer agrees,to'cooperate with Seller in obtaining
257 the approval and/or waiver if required by the applicable Governing Documents and shall make available such information as the owners' associa-
258 tion may reasonably require.
259 f. Title Advisory. The Title Documents affect the title, ownership, and use of the Property and should be reviewed carefully.
260 Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property; including without limita-
261 tion boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and other unrecorded agreements, and
262 ' various laws and governmental regulations concerning land use, development and environmental matters. The surface estate may be owned sepa-
263 rately from the underlying mineral estate, and transferof the surface estate does not necessarily.include transfer of the mineral rights. Third parties
264 may hold interests in oil, gas, other minerals, geothermal. energy or water on or under the Property, which,interests may give them rights to enter
265 and use the Property. Such matters may be.excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect
266 to all such matters as there are strict time limits provided in this contract (e.g., Title Objection Deadline 2c] and Off-Record Matters Objection
267 Deadline (§.2c]). `
268 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwelling(s) for which a
269 building permit was issued prior to January 1, 1978, this contract shall be void unless a completed Lead-Based: Paint Disclosure (Sales) form is
270 signed by Seller and the required real estate licensee(s), which must occur prior to the parties signing this contract.
271 10. PROPERTY DISCLOSURE AND INSPECTION. On or before Seller's Property Disclosure Deadline 2c), Seller agrees to pro-
272 vide Buyer with a Seller's Property'Disclosure form completed by Seller to the best of Seller's current actual knowledge
273 a. Inspection Objection Deadline. Buyer shall have the right to have inspection(s) of the physical condition of the Property and Inclusions,
274 at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective discretion, Buyer shall, on or.
275 before Inspection Objection Deadline 2c): "
276 (1) notify Seller in writing that this contract is terminated, or
277 (2) provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to correct (Notice to
278 Correct).
279. If written notice is not received by Seller on or before Inspection Objection Deadline 2c), the physical condition of the Property and
280 Inclusions shall be deemed to be satisfactory to Buyer.
281 b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing.to a settlement
282 thereof on or, before Resolution Deadline 20, this contract shall terminate one calendar day following the Resolution Deadline 2c); unless
283 before such termination Seller receives Buyer's written withdrawal of the Notice to Correct
284 c. Damage; Liens; Indemnity. Buyer is responsible for payment for all inspections, surveys, engineering reports or for any other work
285 performed at Buyer's request and shall pay for any damage which occurs to the' Property and Inclusions as, a result of such activities. Buyer shall
286 not permit claims or liens of any kind against the Property for inspections, surveys, engineering reports and for any other Work performed on the
281 Property at Buyer's request. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense
288 incurred by Seller in. connection with any such inspection, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses
289 incurred by Seller to enforce this subsection, including Seller's reasonable attorney fees. The provisions of this subsection shall survive the ter=
290 urination of this contract.
291 11. CLOSING. Delivery of deed(s) from Seller to Buyer shall beat Closing (Closing). Closing shall be on the dale specifl1egd as the Closing
SUIe d,.",~ Jf✓ er
292 Date 2c)_ or by mutual aPrmeet at an earlier date. The hour and pace of Closing shall be as designated by Y
293 401W 51+40" obo✓r 9r I~~ri~' Rih .MP/f• % 0ek Go. jr1 0q✓11a, 6P•
294 12. TRANSFER, OF TITLE. Subject,to tender or payment at Closing as required herein and compliance by Buyer with the other terms and
295 provisions hereof, Seller shall execute and deliver a good and sufficient & EM i RA L W Pty 7 R'N: ?rr deed to Buyer, at Closing,
296 conveying the Property free and clear of all taxes except the general taxes for the year of Closing. - Except as prvvided.herein, title shall be con-
297 veyed free and clear of all liens, including any governmental liens for special improvements installed as of the &te of Buyer's signature hereon, "
298 whether assessed or not. Title shall be conveyed subject to: •
. . 299.., a.. those specific Exceptions described by_ reference to. recorded documents as reflected-in the Title Documents accepted by. Buyer in actor
300 dance with § 8a [Title Review],
301 b. distribution utility easements (including cable TV),
302 c. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were
303 accepted by Buyer in accordance with § 8b [Matters Not Shown by the Public Records], and
304 d. inclusion of the Property within any special taxing district, and
305 e. the benefits and burdens of any declaration and party wall agreements, if any, and
306 f.. other N/ 4
307 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the proceeds of this
308 transaction or from any other- source.
309 14. CLOSING COSTS; DOCUMENTS AND SERVICES Buyer and Seller shall pay, in Good Funds, their respective Closing costs and
310 all other items required to be paid at Closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customaty or rea-
311 sonably required documents at or before Closing. Fees for real estate Closing services shall be paid at Closing by 9 One-Half by Buyer and
312 One-Half by Seller 0 Buyer 0 Seller 0 Other
No. CB.S1-9-99. Page 4 of 6 ~0~\~
313 Any fees incident to the transfer from Seller to Buyer assessed on or on behalf of the owners' association shall be paid by O Buyer M Seller.
314 The, local transfei tax of Al • %'of the Purchase Price shall be• paid at Closing by 13 Buyer' 0 Seller. Arry ,sales and use tax that may
315 accrue becatisdof this transaction shall be paid when due by 0 Buyer 0 Seller. N/A
316 15. PRORATIONS. The following shall be prorated to Closing Date 2c), except as otherwise provided:
317 a. Taxes. Personal property taxes, if any, and general real estate taxes the year of Closing, based on
318 O The Taxes for the Calendar Year Immediately Preceding Closing taxes 0 P,
Most Recent Mill Levy and Most Recent Assessment
319 0 Other .4
320 b. Rents. Rents based on 0 Rents Actually Received 0 Accrued. Security deposits held by Seller shall be credited to Buyer. Seller
321 shall assign all. leases to Buyer and Buyer shall assume such leases.
322 c- Association Assessments. Current regular owners' association assessments and association dues. Owners' association assessments
323 paid in advance shall be credited to Seller at Closing. Cash reserves held out of the regular owners' association assessments for deferred mainte-
324 nance by the owners' association shall not be credited to Seller except as may be•otherwise provided-,by the Governing Documents. Any special
325 assessment by the owners' association for improvements that have been installed as of the date of Buyer's signature hereon shall be the obligation
326 ofAeller Any other special assessment assessed prior to Closing Date 2c) by the owners' association shall be the obli l . Don o 0 Buyer
327 m Seller. Seller represents that the amount of the regular owners' association assessment is currently payable at 4i(.g `(+o eX.
328 per 10h'h't and that there are no unpaid regular or special assessments against the Property except the current regular assessments and
329 except h/O IV E'
330 Such assessments are subject to change as provided in the Governing Documents: Seller agrees to promptly request the owners' association to
331 deliver to Buyer before Closing Date 2c) a curren~ts tement of assessments against the Property. Any fees incident to the issuance of such
332 statement of assessments shall be paid by 0 Buyer IN Seller.
333 d. Loan Assumption - Mortgage Insurance. FHA or private mortgage insurance premium, if any, 0 Shall 0 Shall Not be apportioned
334 to ClWng Date 0 2c). Any such amount shall be apportioned as follows: WIA
335
336 e. Other Proration.c. Water, sewer charges; and interest on continuing loan(s), if any; and ~VV n/E
337
338 f. Final Settlement. Unless otherwise agreed in writing, these prorationS 'shall be final.
339 16. POSSESSION. Possession of the Propg" shall be deli ered to Buyer on Possession_Date Possession Time 2c), subject to
340 the following leasd(s)ortenancy(s): did 01/t;f'F4.11rnc er (se~ ~A. and
341
342 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable to Buyer for
343 payment of $ 0 per day from the Possession Date 2c) until possession is delivered.
344 Buyer '0 Does Does Not represent that Buyer will occupy the. Property as Buyer's principal residence.
345 17. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this
346 contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. =
347 18. CONDITION OF, AND DAMAGE TO PROPERTY AND INCLUSIONS.. Except as otherwise provided in this contract, the Property,
348 Inclusions or both shall be delivered in the condition existing as of the date of this contract, ordinary wear and tear ex fepted.-
349 a. Casualty; Insurance. In the event the Property of Inclusions shall be damaged by fire or other casualty prior to Closing, in an amount
350 of not more than ten perWnt of the total Purchase Price, Seller shall be obligated to repair the same before the Closing Date 2c). In the event
351 such damage`H notrepaired within said time or if the damages exceed such sutri, this contract may be terminated at the option of Buyer by deliv-
352 ering to Seller written notice of termination. Should Buyer elect to carry out this contract despite such damage, Buyer shall,be entitled to acredit,
353 at Closing, for all the insurance proceeds resulting from such damage to the Property and. Inclusions payable to Seller but not the owners' associ-
354 ation,'if any, plus the amount of any deductible provided for in such insurance policy, such credit not to exceed the total Purchase Price. .
355 b. Damage; Inclusions; Services. Should any Inclusion(s) or service(s) (including systems and components of the Property, e.g. heat-
356 ing, plumbing, etc.) fail or be damaged between the date of this contract and Closing or possession, whichever shall be earlier, then Seller shall be
357 liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and quality, or an equivalent credit, but only
358 to the extent that the maintenance or replacement of such Inclusion(s); service(s) or fixture(s) is not the responsibility of the owners' association,
359 if any, less any insurance proceeds received by Buyer covering such repair or replacement. Seller and Buyer are aware of the existence of pre-
360 owned home warranty programs which may be purchased and may cover the repair or replacement of some Inclusion(s).
i 361 c.-Walk-Through; Verification of Condition.---Buyer, upon reasonable notice, shall have the right to walk through the-Property prior to
362 Closing to verify that the physical condition of the Property and Inclusions complies with this contract. ; .
363 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that the Selling
364 Company or the Listing Company has advised thafthis document has important legal consequences and has recommended the examination of title
365 and consultation with legal and. tax or other counsel before signing this contract.
366 20. TIME OF ESSENCE AND REMEDIES. Time is of the essence hereof. If any note or check received as Earnest Money,hereunder or
367 any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as
368 herein provided, there shall be the following remedies:
369 a. If Buyer is in Default:
370 0 (1) Specific Performance. Seller may elect to treat this contract as canceled, in.which case all payments and things of value received
371 hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat
372 thiico_ntract as being in full force and effect and Seller shall have the right to specific performance or damages, or both.
373 lZ (2) Liquidated Damages. All payments and things of value received hereunder shall'be forfeited by Buyer and retained on behalf of
374 Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things-of value are LIQUI-
375 DATED DAMAGES and (except as provided in subsection c) are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perforin the
376 obligations of this contract. Seller expressly waives. the remedies of specific performance and additional damages.
377 V. If Seller is in Default: Buyer may elect to treat this contract as canceled, in which case all payments and things of value received
378 hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force
379 and effect and Buyer shall have the right to specific performance or damages. or both.
380 c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator or court shall award to the pre-
381 vailing party all reasonable costs and expenses, including attorney fees.
382 21::MEDIATION.- -If a dispute'arises relating to this contract,-p"rior to or aftefOosing,- and rs not resolved; the parties shall first proceed in
383 good faith to submit the matter to.mediation. Mediation is a process in which the parties meet with an impartial. person who helps to. resolve the
384 dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is
385 binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of :such mediation. The.mediation, unless oth-
386 erwise agreed, shall terminate in the event the entire dispute is not resolved 30 calendar days from the date written notice requesting mediation is
387 sent by one party to the other(s)'. This Section shall not alter any date in this contract, unless otherwise agreed.
388 22. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any con-
389 troversy regarding the Earnest Money and things of value held by broker or Closing Company (unless mutual written instructions are received by
390 the holder of the Earnest Money and things of value), broker or Closing Company shall not be required to take any action but may await:any pro.
391 seeding, or at broker's or Closing Company's option and sole discretion, may interplead all parties and deposit any moneys or things' of value into.
392 a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. -
393 .23. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the
394. parties shall be relieved of all obligations hereunder, subject to Ills, 21 and 22.
Na CBS1-9-99. Page 5 of 6
Iniu
595 OA. ADDITIONAL PROVISIONS. ('Ilre language of these additional provisions has not been approved by the Colorado Real Estate Commission.)
197 ~lif ~.oH+~s it ¢npiQtt ~ Gon't ~~s.~~' v~+cy R✓y~/r'e t~iY.~1 f ~ • ~l-~~~.. J y ! S'~~•~ s»
;98
;99
100
101
102 25. ENTIRE AGREEMENT; SUBSEQUENT MODIFICATION; SURVIVAL. This contract constitutes the entire contract between the
103 parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into
104 this contract. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made
105 in writing and signed by the parties. Any obligation in this contract which, by its terms, is intended to be performed after termination or Closing
106 shall survive the same.
107 26. FACSIMILE. Signatures May D May Not be evidenced by facsimile. Documents with original signatures shall be provided to the
108 other party at Closing, or earlier upon request of any party.
109 27. NOTICE. Except for the notice requesting mediation described in § 21, any notice to Buyer shall be effective when received by Buyer
110 of by Selling`Company and any notice to Seller shall be effective when received by Seller or Listing Company.
111 28. NOTICE OF ACCEPTANCE; COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer+and Seller, as evi-
112 denced by their signatures below, and the offering party receives notice of acceptance pursuant to § 27 on or before Acceptance Deadline Date
113 and Acceptance Deadline Time 2c). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document
114 may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a
115 full and complete contract between the parties.
116 )OWM OF <}lre~y ~GD '
Buyer Buyer log I 117 Date of Buyer's Signature: Date of B 41s Signature:
118 Buyer's Address: yB0 BavhMw /¢vi.r0 fl
119 Buyer's Telephone No: g ? ^ Buyer's Fax No: 7'0'~ gY y' 9 /f S
t20 [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to § 291
t21
t22
423
424
Jv 4-t 14.
Seller Seller
Date of Seller's Signatum. ' / L Date of Seller's Signature:
Seller's Address: 12"", et 't /10/f CT 6 )6 Ov
Seller's Telephone No: z 3 ' Z 2'? - 77 &(7 Seller's Fax No: 7' 0 f f Ll
425 29. COUNTER; REJECTION. This offer is D Countered D Rejected.
426 Initials only of party (Buyer or Seller) who countered or rejected offer
427 END OF CONTRACT
428 Note: Closing Instructions should be signed on or before Title Deadline.
430 while not a party to the contract, agrees to cooperate upon request with any mediation conducted tinder § 21.
431 Selling Company Brokerage Relationship. The Selling Company and its licensees have been engaged in this transaction as D B Agent
432 D Seller Agent/Subagent D Dual Agent D fiction-Broker.
433 Listing Company Brokerage Relationship. The Listing Company and its licensees have been engaged in this transaction as D Seller Agent
434 D Dual Agent D llransaetion-Broker.
435
436 BROKERS' COMPENSATION DISCLOSURE
437 Selling Company's compensation or commission is to be paid by: D Buyer D Seller D Listing Co y D Other
438
439 (To be completed by Listing Company) Listing Company's compensation or commission ' be paid by:
440 D Buyer D Seller D Other
441 Selling Company:
Namilff Company
442 By:
Signature / Da>e
443 Selling Company's Address:
444 Selling Company's Telephone No: Selling Company's Fax No:
i
445 Listing Company:
Name of Company
446 By: - Date
Signature 447 Listing Company's Address:
IRAQ i Ai i ' 1~..... ~'8 ~•a~G 110
No. CBS1-9-99. Page 6 of 6
Ir
the p inted pordooe err this term app~owea of me
Calomdo Rod Estaft QcmmhW= 80.2-81) I
10 EARNEST MONEY
U.& S 1 i Ogt~~ Promissory Note
Log)
C4 t-o~,~',Difl Date F4. chy /
FOR VALUE RECEIVED.
NwwW of mabMw
• o. ~Py Ar olv, G Jointly and
severally, promise to pay to the order of o G! N L ae-K ,
the sum of 1 @ rl 1 ''1 f~✓1~F Cy.4~
with interest at per cent per ammum from . .1V14 until,paid.
Both principal and interest are payable in US dollars on or before /"j S e Xe by ` G~ . payable at
OPP,
or at sndr other address a8 note holder may designates Preseatmeat, notice of dishonor and protest are hereby waived. If this note is not paid when. due..
Ime spec to M au reasonable casts ofcoUecdon, induding attorney's fees.
67
Maww aigDar=
'Ibis note is given as earnest money for the contract on the following property:
-lc iwoof Me--x,~f * 14~ 1 C~ 1-h LL/ Z E. Z Fj 1141 3 ~
Kf3~ 41461 1-1 p N ft.17l46,M /`rr~ d (,,.v r L ZD
No. EMMO-2-8L EARNEST MONEY YSOMISSORY NOTE
Bradford ftbH ft 1743 waxee 5t, Deme; CO 80202 - (303) 292-2500 -1496
EXHIBIT A
FINANCING CONTINGENCY
THE TOWN'S OBLIGATION TO PURCHASE J HE PROPERTY IS
CONTINGENT UPON THE TOWN OBTAINING FINANCING FOR THE
PURCHASE, THROUGH SALE OF CERTIFICATES OF PARTICIPATION
.BY THE TOWN OF AVON FINANCING AUTHORITY, AND FURTHER
CONTINGENT UPON THE TOWN OF AVON FINANCING AUTHORITY
AND THE TOWN ENTERING INTO A LEASE PURCHASE AGREEMENT.
a
Meadowcroft Properties
Sherwood Meadows
Condominium. Lease Agreement
THIS LEASEW is made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT' 06880' and Crystal Ortega, Maryann Mondragon, Valerie Valencia ("Tenant").
In consideration of the payment of the rent and the performance of the promises set forth
below, the landlord does hereby lease to the Tenant,. Condominium Unit No., 3B ;Sherwood
Meadows Condominiums, according to the plat thereof, in the County of Eagle, State of Colorado;
0371 Nottingham Road together with (a stove) (and. a refrigerator), to be .used only as a , private
residence (and for no other, purpose whatsoever) for.. the Tenant's family which consists of 3 adults
an" children (aged, respectively), together with-garage or parking place number N/A
story pace number N/ d all common elements appurtenant,
thereto.
TO HAVE AND TO HOLD the condominium unit with.all_the appurtenance fora period
commencing at noon on the I' day of February 2000, and ending at noon on the January. 31, 2001,
unless sooner terminated as provided in this lease, fora rental of $ 1500 per month for each month
of this lease. payable in advance on or before noon on the first day of each calendar month of said
term at the office of the Landlord at the, address set :forth below. Tenant :shall pay the rent
punctually and without demand. Any' rental payments or -other charges not received by the
Landlord ten days' after they are due will be assessed a late charge of $10 per day. -
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to promptly pay for all electricity used.
2.. To comply with all reasonable rules and regulations which the Landlord or the
condominium association may make for the protection. of the building or the general welfare and
comfort of the Tenant's and owners.
3. To keep the unit in as good order and condition as when the same were entered' by the
Tenant; loss by fire; or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted. Further the tenant agrees that repairs determined to' be necessary due to
abuse or misuse of the units appliances of other amenities shall be at the tenants and not landlords
expense. This provision shall additionally apply to the plumbing and electrical systems if 'it is
determined the tenants actions contributed to the need for repair.
- .1
4. Not to sublet any part of the premises nor assign this lease nor any interest therein
without the prior, written consent of the Landlord.
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the ordinances of city or town in which the condominium is located, and to
comply with all police, fire and sanitary regulations imposed by any municipal;.. state and federal
authority either now in, force or hereinafter acted, and to use - the premises for no improper or
questionable purposes whatsoever.
6. Tenant, agrees not to drive nails, tacks; or screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to make any additions, alterations or, repairs in or about
the unit, nor to install any aerials, antennas or wiring or to `connect to any existing antennas or
wiring without first. obtaining the written consent of the Landlord; also, no. awning, canopy, or
shutter shall be fixed to or placed upon the exterior walls, doors, roof, or any part thereof, or
exposed on or any.window, without.proper written submittal to and approved by the'Landlord; to
keep no guest, roomers or boarders -without written consent of the Landlord; to keep the unit and
every part thereof in good, clean and 'sanitary condition and appearance, free from dirt,,filth, waste
or any inflammable or dangerous. material, also free from objectionable odors, and not to obstruct
or place' or permit to be placed any dirt, rubbish, article or other thing in any of the plumbing
fixtures, hallways; or stairways of the building in which the unit is located, and to use the hallways
and stairways only for ingress to or egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additional locks or 'change any locks upon any of the doors of the. unit without the Landlord's
consent; and to take good care of and keep the unit so as not to endanger either the premises or
endanger or annoy any other occupant in the building.. Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of his family or guests, or commit, permit or'suffer.
anything to be done by any of them that will disturb or interfere with the rights, comforts or
conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage. arising from the acts of any other occupant or of any
owners or occupants of adjoining property.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the
premises at any time -to make repairs, and to enter at any reasonable time to inspect the premises;
to permit the Landlord or his agent to show the said premises to persons wishing to lease or
purchase same. .
10. Tenant agrees that this lease shall be subordinate to -the lien of any existing mortgages
or deeds of trust, and all deeds of trust which may be made a lien on the premises in. the future, as
well as any lien for the benefit of the condominium association, and the Tenant agrees to execute
and deliver such further instrument.or instruments subordinating this lease to the lien of any such
deeds of trust as. may be desired by the holder thereof, and the Tenant hereby appoints the
a
r ~
r
Landlord as his attorney-in-fact, irrevocably, to execute any such instrument on behalf of the
tenant.
11. Tenant agrees in the event the premises are left vacant and any part of the. rent is not
paid, then the Landlord may, without being obligated to do so, and without terminating this lease,
retake possession of the said premises and rent the same for such rent, and upon such conditions as
the Landlord may think best, making such change and repairs'as my -be required, giving, credit for
the amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall
be liable for the balance of the rent reserved herein until the expiration of the term of this lease. -
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver- up: the premises. and all.
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish,. or add to any of the appurtenances or the leased premises, as may seem best to the
Landlord, and to dispose of or rent any other portion of the `building which the Landlord may own
as the Landlord .elects; -that the Tenant had relied solely on the statements contained in this lease
and that he has read and fully understands the lease and. that no agent or representative of the
Landlord has authority to change this` lease in any manner or add to or detract form the provisions
of this lease; that no assent on the' part of the Landlord, express or implied, to any breach or any
one or more of the covenants. ,or agreements hereto shall be deemed : or taken to be a waiver of any
succeeding or other breach or any continuation of such breach.
14. Tenant' agrees not to keep or harbor, in or 'on the premises, any animal of any kind;, at
any tune. 'A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the.
property. ,
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to
park automobiles: Among the excluded vehicles and things, but not limited to these, are
commercial vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and
trucks other than,personal pick-ups and vans. No vehicles shall be stored - parked for more,than
three days)- on. the Project. No vehicle shall be parked on the common Project roadways or in such
manner, as to impede ready access to another Units parking space' or driveway. There will be no
allowanoe for parking in the roadway or in the fire lanes for emergency vehicle access reasons.
Vehicles in violation will be ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
17. Tenant agrees to pay. a $15.00 fee for any returned checks. The day the, Tenant is
notified that the check has been returned the Tenant shall submit cash or a certified bank check to
the Landlord that same day. If-the check is received after the 10th of any month the $10.00 per.
day late fee will be assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is
only to accommodate the Tenant, and the Tenant uses - the same at his own risk, upon the express
stipulation and. agreement that the Landlord shall not be liable for any loss of property stored in
such storage space or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal
property is hereto attached and hereby made a part. hereof as fully an d to the same extent as though
enumerated herein, and the Tenant acknowledges that all of said. items, expept. as noted on
Landlord's copy of inventory, are in good .order and condition, and Tenant agrees to pay all costs
of repairing any damage, cleaning, laundering or replacing same, ordinary wear excepted.
4, Tenant shall deposit with the Landlord the sum .of $ 1500. as a security deposit and last
months- rent to be prorated,- over 4 months.. This deposit will. be due when Tenant signs the lease.
The sum shall be retained by the Landlord as security for the payment by the Tenant of the rent
herein agreed to be paid and for the faithful performance of all the terms,, conditions and covenants
of this lease. If at any time during the term of this lease the Tenant shall be in default in the,
performance of any of the provisions of this lease,. the Landlord shall have the right to use said
deposit or so much thereof as may be necessary in payment of any rent in. default as aforesaid and
in payment of any damages sustained by Landlord on the premised and in payment for. any cleaning
that must be done if premises are not left clean, but in no event will the Tenant be, released from
liability for the difference between the amount of the deposit retained. and the actual damage or.loss
of rent sustained by the Landlord., Tenant deposit is. to be refunded, without interest, after Tenant
completely vacated provided tenant is not in default in any of, the provisions of this lease an
provided that there is no damage to the premises except ordinary wear, and provided premises are
left. clean. It is. expressly. understood that the Tenant is prohibited from applying any portion of
such security deposit toward any rental payment or other charges.
5. It is agreed, that if after the expiration of this lease the Tenant, with permission of the
Landlord,-shall remain-in-possession of said, premises;-without written agreement of notification by
the Landlord or a change in- said rental as to such possession, that such possession shall not be
deemed a renewal of this lease for the whole term or any part thereof, but that such Tenant shall
be regarded as a Tenant from month to month at a monthly rental payable in advance, .equivalent to
the last monthly installment hereunder, subject, however, to all ,of the other terms of this lease.
6. It is agreed that if the Tenant shall be in arrears in the.. payment of any installment of
rent, or any portion thereof, or in default of any of the covenants or agreements herein contained to
be performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has given written notice thereof, Landlord may, at his option, without liability for
trespass or for damages,.- enter into and upon said premises, or a portion thereof; declare the terms
of this lease ended; repossess the said premises as of the Landlord's former estate; expel and
remove the Tenant, those claiming under him, or any person or persons occupying the: same and
their effects; all without prejudice to any other remedies available to the Landlord for arrears of
rent or breach of convent.
7. In the event said premises are rendered totally untenantable by fire or other casualty, or
in the event the building of which the demised premises are a part be so injured or destroyed that
the Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent
provided herein shall be paid up to the date of such injury or damage.. If the leased premises shall
be partially destroyed or injured by fire or other casualty, not arising from the fault or negligence
of the Tenant, Landlord shall repair the same with reasonable diligence after notice -of such
destruction or injury; the rent herein reserved, or a just. and proporti onate part thereof, according
to the nature and extent of the damage which has been sustained, shall be abated until said premises
shall have been duly repaired and restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any -sums arising under this lease, and in the event the matter is turned over, to an
attorney, the prevailing party in such dispute shall be entitled, in addition to other damages or cost,
to receive reasonable attorney's fees from the other party.
9. . Whenever the words "Landlord" and "Tenant" are used in this lease, as the context
requires they shall be deemed to refer equally to persons of both sexes and to corporations and co-
partnerships, singular toinclude plural and plural to include singular.
GENERAL
1. This lease may be enforced against both of us, our heirs, administrators, executors,
successors and assigns.
2.. Mr. Jim Funk has been. engaged by Meadowcroft Properties, as Managing Agent, to
manage the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors
upon written notification by Meadowcroft Properties.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first above written.
Agkit - Meadowcroft Properties)
Jim
~(`{laJI,~QA~`~
(J
Ex.
Meadowcroft Properties
Sherwood Meadows
Condominium Lease Agreement
THIS LEASE is made between Meadowcroft Properties ("Landlord") of 9 Burr Road
Wesport, CT 06880 and bj ; 1. ~ofit k e {A~ Gt.pSS ("Tenant").
In consideration of the payment of the rent and the performance of the promises set fora
below, the landlord does hereby lease to the Tenant, Condominium Unit No. 1, Sherwooc
Meadows Condominiums, according to the plat thereof, in the County of Eagle, State o Corado, 0371
Nottingham Road together with (a stove) (and a refrigerator), to be used only as a private residence
(and for no other purpose whatsoever) for the Tenant's family which consists of V adult and
children (aged N'A respectively), together with garage or parking place number r2 storage
space number N/A, and all common elements appurtenant thereto.
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on th 't{- day o 1141, and ending at noon on the zoo 4
unless sooner terminated as provided in this lease, for a rental of ,0. 60 per month for each
month of this lease payable in advance on or before noon on the first day of each calendar month. of said
term at the office of the Landlord at the address set forth below. Tenant shall pay the rent punctually
and without demand Any rental payments or other charges not received by the Landlord ten days' after
they are due «rill be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
; 1. To pay the rent as above provided, and to promptly pay for all water, gas, and electricity
used
2. To comply with all reasonable rules and regulations which the Landlord or the condominium
association may make for the protection of the building or the general welfare and comfort of the
Tenant's and owners:
3. To keep the unit in as good order and condition as when the same were entered by'thb.
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) a~.
ordinary wear excepted.
4. Not to sublet any part of the premises nor assign this lease nor any interest therein
the prior written consent of the Landlord.
5. To use said premises for no purpose prohibited by the laws of the United States or the Ste
of Colorado or the ordinances of city or town in which the condominium is located, and to comply wi
all police, fire and sanitary regulations. imposed by any municipal, state and federal authority either nr
in force or hereinafter acted, and to use the premises for no improper or questionable purpos
whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls, ceilings or doors
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about t
unit, nor to install any aerials,- antennas or «riring or to connect to any existing antennas or win
without first obtaining the written consent of the Landlord; also, no awning canopy, or shutter shall
fixed to or placed upon the exterior walls, doors, -roof, or any part thereof, or exposed on or .a
window, without proper written submittal to and approved by the Landlord; to keep no guest, rooms
or boarders without written consent of the Landlord;, to keep the unit and every part thereof in go(
clean and sanitary condition and appearance, free from dirt, filth, waste or any inflammable
dangerous .mater ial, also free from objectionable odors,, and not to obstruct or place or permit to
placed any dirt, rubbish, article or other thing in any of the plumbing fixtures, hallways, or stairways
the building in which the unit is located, and to use the hallways and stairways only for ingress to
egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place
additional locks or change any locks upon any of the doors of the unit without the Landlord's cone
and to take good care. of and keep the unit so as not to endanger either the premises or endanger
annoy any other occupant in the building . Not to commit, permit, or suffer any, objectionable
disorderly conduct, noise or nuisance whatsoever about the premises on the part of the Tenant or on 1
part of the members of his family or guests, or commit, permit or suffer anything to be done by any
them that will disturb or interfere with the rights, comforts or conveniences of other tenants.
8. Tenant. agrees to neither hold nor attempt to hold the Landlord, or his agents or serve
liable for any injuryor damage to person or propertyeither proximate or remote, no matter h•
occasioned, or for any injury or'damage arising from the acts of any other occupant or of any owners.
occupants of adjoining property.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the premise!
any time to make repairs, and to enter at any reasonable time to inspect the premises; to permit
Landlord or his agent to show the said premises to persons wishing to lease or purchase same.
10. Tenant agrees that this lease shall be subordinate to the. lien of any existing mortgages
deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as well
any lien for the benefit of the condominium association, and the Tenant agrees to execute and deli
such further instrument or instruments subordinating this lease to the lien of any such deeds of trust
may be desired by the holder thereof; and the Tenant hereby appoints the Landlord as his attomey-
fact, irrevocably, to execute any such instrument on behalf of the tenant.
r
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not paid
then the Landlord may, without being obligated to do so, and without terminating this lease, retake
possession of the said premises and. rent the same for such rent, and upon such conditions as th-
Landlord may think best, making such change and repairs as my be required, giving credit for th(
amount of rent so received, less all expenses of such changes and.repairs, and the Tenant shall be liabl(
for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of.this lease, whether as above provided, or whethe
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all key
peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, , alter
abolish, or. add to any of the appurtenances or,the. leased premises, as may seem best to the Landlord
and to dispose of or rent amy other portien of the building ::Much the L.andlo:L may times as the Landlon
eierts: that the Tenant had relied solely on the statements contained ui this lease and that he has rear
and fully understands the lease and that no agent or representative of the Landlord has authority t(
change this lease in any manner or add to or detract-form the provisions. of this lease: that no assent or
the part of the Landlord, express or implied, to: any breach. or any one or more of the covenants o..
agreements hereto shall be deemed or taken to be a waiver of any. succeeding or other breach or an)
continuation of such breach.
14. Tenant agrees not to keep or harbor,..in or on the premises, any animal of any kind, at am
time. A fee of $50.00 per day will be charged to any. Tenant who has a visiting pet on the. property.
15.. Tenant agrees exterior parking areas shall not be used for any purpose other than, to park
automobiles. Among the excluded vehicles and things, but not limited to these, are comamerciai
vehicles; campers, motor,-homes, mobile home,trailers, boats, snowmobiles, and trucks other thar
personal pick-ups and vans. No. vehicles, shall be. stored (parked for more than three days) on the
Project. No vehicle shall be parked on the common Project roadways or in such.manner as to impede
ready access to another Units parking space or driveway There will be no allowance for parking. in the
roadway of in the fire lanes for emergency vehicle access reasons. Vehicles in violation will be
ticketed and towed at Tenants expense.
16. Tenant aSrees not to keep tents, toys, .etc. on any grass area or common area.
17.' Tenant agrees to pay a.$15.00 fee for any.retumed.checks. The day the Tenant is notified
that the check has been returned the Tenant shall submit cash or a certified bank check to the Landlord
that same day. If the check is received after the 10th of any month the $10.00 per day late fee *W be
assessed.
.
THE PARTIES HERETO AGREE AS FOLLOWS:
-1. The Landlord agrees to pay all dues to, and assessments levied by, the condominiun
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is onlyt(.
accommodate the Tenant, and the Tenant uses the same at his own risk, upon the express stipulation
and agreement that the Landlord shall not be liable for any loss of property stored .in such storage spas(
or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal property f
hereto attached and hereby made a part hereof as fully and to the same extent as though enumerates
herein, and the Tenant acknowledges that all of said items, except as noted on Landlord's copy o
inventory, are-in good order and condition, and Tenant agrees to pay all costs of repairing any damage
cleaning laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit witli the Landlord the sum of $1;O- Utz
as'a security deposit., This deposit will be due when Tenant signs the lease. The sum shall be retains
by the Landlord as security for the payment by the Tenant of the rent herein agreed_to be paid. and fo;
the faithful performance of all the terms: conditions and covenants of this lease. if at any time duriN
the term of this lease the Tenant shall be in default in the performance of any of the provisions of thi!
lease, the Landlord. shall have the right to use said deposit or so much thereof as may be necessary it
payment of any rent in default as aforesaid and in payment of any damages sustained by Landlord on the
.premised and in payment for any cleaning that must be done if premises are not left clean, but in' ac
event will the Tenant be released from liability for the,difference between the amount of the deposii
retained and the actual damage or loss' of rent sustained by the Landlord. Tenant deposit is to be
refimded, without interest, after Tenant completely vacated provided Tenant is not in default in any of
the provisions of this lease an provided that there is no damage to the premises except ordinary wear:
and provided premises are left clean. It is expressly understood that the Tenant is prohibited from
applying any portion of such security deposit toward any rental payment or other charges.
5. It is agreed' that if after'the expiration of this lease the Tenant; with permission of the
Landlord, shall remain in possession of said-premises, without written agreement of notification by the
Landlord or a change in said rental as to such possession, that such possession shall not .be deemed a
renewal of this lease for the whole term or any part thereof, but that such Tenant shall be regarded as a
Tenant from month to month at a monthly rental. payable in advance, equivalent to the last monthly
installment hereunder, subject, however, to all of the other terms of this lease. `
6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of rent; or
any portion thereof; or in default of any of the covenants or agreements: herein contained to be
performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord'has given written notice thereof: Landlord may. at his option, without liability for trespass or
for damages; enter into and upon said premises, or a portion thereof, declare the terms of this lease
ended; repossess the said premises as of the Landlord's former estate; expel and remove the Tenant,
those claiming under him, or any person or persons occupying the same and their effects; all without
prejudice to any other remedies available to the Landlord for arrears of rent or breach of convent.
7. hi die vv~nt said premises are rc ridered wtaliy LwtenaiiLdbh . by fire or .ether vasuaky, or i
the event the building of which the demised premises are a part be so iniured or 4estroyed.that tl.
Landlord shall decide within a reasonable time not to repair, this lease shall cease ;and the rent providc
herein shall be paid up to the date of such injury or damage. If the leased premises shall be partiall
destroyed or injured by fire or other casualty, not arising from the fault or negligence of the Tenan
Landlord shall repair the same with reasonable diligence after notice of such destruction or injury-, tl
rent herein reserved, or a just and proportionate part thereof; according to the nature and extent of tl:
damage which has been sustained, shall be abated until said premises shall have been duly repaired an.
restored
8. In the event of any dispute arising under the terms of this lease, or in the event of not
payment of any sums arising under this lease, and in the event the'matter is turned over to an attorne:
the prevailing party in such dispute shall be' entitled, in addition to other damages or cost, to receiif
reasonable attorneys "fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context requirt
they shall be deemed to refer equally to persons of both sexes and to corporations and co-partnership:.
singular to include plural and plural to-include singular.
GENERAL
I.- This lease may be enforced against both of. us, our heirs, administrators; executor
successors and assigns.
2. Mr. Tim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to manag
the premises and the Tenant hereby agrees to deal with Mr. Tim Funk or his successors upon wntte
notification. by Meadowcroft Properties.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the do,
and year first above written.
)wcroft Properties)
Iy ~J/1lirrl ~ ~E7
(Tenant)
4a Y
Cr ~ ~ t~ ~ /4 ST. litre v~••{,/) 'tip
n
Meadowcroft Properties
Sherwood. Meadows
Condominium Lease Agreement
THIS LEASE is made between Mead owcr Properties..("Landlord") of 9 ' Burr Road,
Wesport, CT 06880 and ~(1,nnS ~~'1/{~q•(~ ("Tenant").
In consideration of the payment of the rent and the performance of the promises set forth.
below, the -landlord does hereby lease to the Tenant, Condominium Unit No. Sherwood
Meadows Condominiums, according to the plat thereof, in the County of Eagle, State of Colorado, 0371
Nottingham Road: together with (a stove) (and a refrigerator), to be used only:as a private residence
(and for no other purpose whatsoever) for the Tenant's. family which consists- of adult and
r co ` children. (aged N/A respectively), together with garage or parking place number storage
space number N/A, and all common elements appurtenant thereto.
TO HAVE AND TO HOLD the c ndominium unit with all' the, appurten ce for a period
commencing at noon on the ay of and ending at noon on the -IT unless sooner terminated as provided in this. l ase, for a rental of -474 per month fo each
month of this lease payable in advance on or before noon on the first dayalendar month of said
term at-the office of the Landlord at the address set forth below. Tenant shall pay the rent punctually.
and without demand. Any rental payments or other charges not received by the.Landlord ten days' after
they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to promptly pay for all water, gas, and electricity
used
M 2. To comply with all reasonable rules and regulations which the Landlord or the condominium
association may make for the protection of the building or the general welfare and comfort of the
Tenant's and owners.
3. To keep the unit-in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted
4. Not to sublet any part of the premises nor assign this lease nor any interest therein without
the prior written consent of the Landlord.
s
5. To use said premises for no purpose prohibited by the laws of the United States or the State
of Colorado or the ordinances of city or town in which the condominium is located, and to comply with
all police, fire and sanitary regulations imposed by any municipal; state and federal authority either now
in force or hereinafter acted and to use the premises for no improper or questionable purposes
whatsoever.
6. Tenant agrees not to drive nails, tacks or "screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to make any additions; alterations or repairs in or about the
unit, nor to install any aerials, antennas or wiring or, to confect to any existing antennas or wiring
without first obtaining the written consent of the Landlord; also, no awning, canopy, or shutter shall be
fixed to or placed upon the exterior walls, doors,; roof, or any part thereof, or exposed on or any
window, without proper written submittal to and approved by the Landlord; to keep no guest, roomers
or boarders without written consent of the Landlord; to keep the unit and every part thereof in good,
clean and sanitary condition and appearance, free from' dirt, filth, waste or any inflammable or
dangerous material, also free from objectionable odors, and not to obstruct or place or permit to be
placed any dirt, rubbish, article or other thing in any of the plumbing fixtures, hallways, or stairways of
the building in which the unit is located, and to use the hallways and stairways only for ingress to or
egress from the unit.
7. Tenant, agrees not to throw or permit anything or be thrown from the. unit; to place no
additional locks or change any locks upon any of the doors of the unit without the Landlord's consent;
and to take good care of and keep the unit so as not to endanger either the premises or endanger or
annoy any "other occupant in the building. Not to commit, permit, or suffer any. objectionable or
disorderly conduct, noise or nuisance whatsoever about the premises on the part of the Tenant or on the
part of the members of his family or guests, or commit, permit or suffer anything to be done by any of
them that will disturb or interfere with the rights, comforts or conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to. person or property either proximate or remote, no matter how
occasioned, or for airy injury or damage arising from the acts of any other occupant or of any owners or
occupants of adjoining.properly.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the premises at
any time to make repairs, and to enter at any reasonable time to inspect the premises; to permit the
Landlord or his Agent to show the said premises to persons wishing to lease or purchase same.
10. Tenant agrees that this lease shall be subordinate to the lien of any existing mortgages or
deeds of trust, and all deeds of trust which may be made, a lien on the premises in the future, as well as
any lien for the benefit of the condrnninium association, and the Tenant agrees to execute and deliver
such further instrument or instruments subordinating this lease.to the lien. of any such deeds of trust as
may be desired by the holder thereof, and the Tenant hereby appoints the Landlord as his attorney-in-
fact, irrevocably, to execute.any such instrument on behalf of the tenant.
Y
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not paid,
then the Landlord may, without being obligated to do so, and without terminating this 'lease, retake
possession of the said premises and rent the same for such rent,. and upon such conditions 'as the
Landlord may think best, making such change and repairs as my be required, giving credit for the
amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall be liable
for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of.this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all keys
peaceably to the Landlord immediately upon termination:
13. :Tenant: acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the Landlord;
and to dispose of or rent any other portion. of the building which the Landlord may. own as the Landlord
elects; that the Tenant had relied solely on the statements contained in this lease and that he has read "
and fully, understands the .lease and that no agent or representative of the Landlord has authority to
change this lease in any manner, or add to or detract form the provisions of this lease; that no assent on
the part of the Landlord; express or implied, to any breach or anyone or more of the covenants or
agreements hereto shall be deemed or taken to be a waiver of any succeeding or other breach or any
continuation of such breach.
14. Tenant agrees'not to keep or harbor; in or on the; premises, any, animal of any kind, at amr
time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the property.,.'
15. Tenant agrees exterior parking areas shall not be used for any purpose other than 'to park
automobiles. Among the excluded vehicles and things, but not limited. to these, ate commercial
vehicles, campers, motor homes, mobile home,: trailers, boats, snowmobiles, and trucks other than
personal pick-ups - and vans. No - vehicles shall be stored (parked for more than three days) on the
Project. No vehicle shall be parked on the common Project roadways or in such manner as to impede
ready access to; another Units parking space or driveway; There will be no allowance for parking in the
roadway or in the. fire lanes for emergency vehicle access reasons. Vehicles in violation will be
ticketed and towed at Tenants expense.
.16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is notified
that,the check las been returned the Tenant shall submit cash or a certified bank check to the Landlord
that same day. If the checkis received after the 10th of any month the $10.00 per day late fee will be
assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is only to
accommodate the Tenant, and the Tenant uses the same at his own risk upon the express stipulation
and agreement that the Landlord shall not be liable for any loss of property stored in such storage space
or any damage or injury or loss whatsoever.
i. If the said demised are furnished, the inventory of said furnishings and personal property is
hereto attached and hereby made a part hereof as fully and to the, same extent. as though enumerated
herein, and the Tenant acknowledges that all of said items, except „as noted on Landlord's copy of
inventory, are in good order and condition, and Tenant agrees to pay all costs of repairing any damage,
cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ S00
as a security deposit. This deposit will be due when Tenant signs the lease. The sum shall be retained
by the Landlord as security for the payment by the Tenant of the rent herein agreed to be paid and for
the faithful performance of all the terms, conditions and covenants of this lease. If at any time during
the term of this lease the Tenant shall be in default in the performance' of any of the provisions of this
lease, the Landlord shall have the right to use said depositor so much thereof.as may be necessary in
payment of any rent in default as aforesaid and in payment of any damages sustained by Landlord on the
premised and in payment for any cleaning that must be done if premises are not left clean, but in no
event will the Tenant be released from liability for the difference between the amount of the deposit
retained and the actual damage or loss of rent sustained. by the Landlord. - Tenant deposit .is to be
refunded, without interest, after Tenant completely. vacated provided Tenant is not in default in arty of
the provisions of this lease an provided that there is- no damage to'the premises except ordinary wear,
and provided premises are left clean: It is expressly understood that the Tenant is prohibited from
applying any portion of such security deposit toward any rental payment or other charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission. of the
Landlord, shall remain in possession of said premises, without written agreement of notification by the
Landlord or a change in said rental as to such possession, that such possession shall not be deemed a
renewal of this lease for the whole term or any part thereof; but that such Tenant shall be regarded as a
Tenant from month to month at a monthly rental payable in advance, equivalent to the last monthly
installment hereunder,'subject, however, to all of the other terms of this-lease.
6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of rent, or
any portion thereof; or in default of any of the covenants or agreements herein contained to be
performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has given written notice thereof, Landlord may, at his option, without liability for trespass or
for damages; enter into and upon said premises, or a portion thereof-,. declare the terms of this lease
ended; repossess the said premises as of the Landlord's former estate; expel and remove the Tenant,
those claiming under him, or any person or persons occupying the same and their effects; all without
prejudice to any other remedies available to the Landlord for arrears of rent or breach of convent. -
7. In the event said premises are rendered totally untenantable by fire or other casualty, or in
the event the building of which the -demised premises are a -part be . so injured or destroyed that the
Landlord shall decide within a reasonable time not to repair,. this lease shall cease and the rent provided .
herein shall be paid up to the date of such injury or damage. If the leased premises shall be partially
destroyed or injured by fire or other casualty, not arising from the fault or negligence of the Tenant,
Landlord shall repair the same with reasonable diligence after notice of such destruction or MUM the
rent herein reserved, or a just and proportionate pan thereof, according to the nature and extent of the
damage which has been sustained, shall be abated until said premises shall have been duly repaired and
restored.'
8. In the event of any dispute arising under the terms of this lease, or .in the event of non-.
payment of any. sums arising under this lease, and in the event the matter is turned over to an attorney;
the prevailing party in such dispute shall be entitled, in addition to other :images or cost, to recCIVe
reasonable attorney's fees from the other party.
9. XN%enever the words "Landlord" and "Tenant" are used in this lease, as the context requires
they shall be deemed to refer equally to persons of both sexes and to corporations and co-partnerships,
singular to include plural and plural to include singular. .
GENERAL
1. This lease may be enforced against both of us, our heirs, administrators, executors,
successors and assigns.
2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as ;Managing Agent, to manage
the premises and the Tenant hereby agrees to deal with Mr. Jim Funk 'or his successors upon written
notification by Meadowcroft Properties.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day
and year first above written.
-17;6, W.-_k3 E4 Ate IS'dd. cb Lilt Cf.,. ~ ot~w
At.) okv J) # -7ta 4 tsZo i C-0 ~a19-~ viper
C tf 199' -{o.'
d~anagi ent - Mendowcroflt Properties)
Ji Funk
Ey. a
Meadowcroft Properties
Sherwood. Meadows
Condominium Lease Agreement
THIS LEASE is `made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and ("Tenant.").
In consideration of the payment of the rent and the performance of the promises set forth
below, the landlord does hereby lease. to the Tenant,' Condominium Unit No. j99, Sherwood
Meadows Condominiums, according to the plat thereof, in the County of Eagle, State of Colorado,
0371 Nottingham Road together with (a stove) (and -a refrigerator), to' be used only as a private
residence (and for no other purpose whatsoever) for the Tenant's family which' consists of
adult and . 'children (aged' N/A respectively), together with garage -or parking place number
storage space number N/A, and all common elements appurtenant thereto.
TO HAVE AND .TO FOLD the condomin unit with all the appurtenance for a period
commencing at noon on the.~day of d Bending at noo on th , 31 - kw
unless sooner terminated as provided in this lease,. for a rental of -00 per m nth , or each
month of this lease payable in advance on or before noon on the first day of each calendar month of
said term at the :office, of the Landlord at the address set -forth below. Tenant shall pay the rent
punctually and without demand. . Any rental payments or other charges not received by the
Landlord ten days' after they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to promptly pay for all water, gas, and
electricity used.
2. To comply with all reasonable rules and regulations which. the Landlord or the
condominium association may make for the protection of the building or the general welfare and
comfort of the Tenant's and owners.
3. To keep the unit in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted.
4. Not to . sublet any part of the premises nor assign this lease nor any interest therein
without the prior written consent of the Landlord.
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the ordinances of city or town in which the condominium is located, and to
comply with all police , fire and sanitary regulations 'imposed by any municipal, state and federal
authority either now in force or hereinafter acted, and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about
the unit, nor to install any aerials, antennas or, wiring or-to connect. to any existing antennas or
wiring without first obtaining the written, consent of the' Landlord; also, no awning, canopy, or
shutter shall be fixed to or placed upon the exterior walls, doors, roof, or any part thereof, or
exposed on or any window, without proper written submittal to and approved by the Landlord; to
keep no guest, roomers or boarders without.written consent of the Landlord; to keep the unit and
every part thereof in, good, clean and sanitary condition and appearance, free from dirt, filth, waste
or any inflammable or dangerous material, also free from objectionable odors, and not to obstruct
or place or permit to be placed any dirt, rubbish, article or other thing in any of the plumbing
fixtures, hallways, or stairways, of the building in which the unit is located, and to use the hallways
and stairways only for ingress to or egress from the.unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additional locks or change any locks upon any of the doors of the unit without the Landlord's
consent; and to take good care of and keep the unit so as not to,endanger either the premises or
endanger or annoy any other occupant in the building. Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise or.nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of his family or guests, or commit, permit or suffer
anything to be done by any of them that will disturb or interfere with the rights, comforts or
conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage, to person or property either proximate or remote, no matter how
occasioned, or for any. injury or damage arising from the acts of any other occupant or of any
owners or occupants of adjoining property,
9. Tenant agrees to allow the Landlord or any employee of the building to enter- the
premises at any time to make repairs, and to enter at any reasonable time to inspect the premises;
to permit the Landlord or his agent 'to show the said premises to persons wishing to lease or
purchase same.
10. Tenant agrees. that this lease shall be subordinate to the lien of any existing mortgages
or.deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as
well as any lien for the benefit of the condominium association, and the Tenant agrees to execute
an d deliver such further instrument or instruments subordinating this lease to the lien of any such
deeds of trust as may be desired by the holder thereof, and the . Tenant hereby appoints the
1
a
Landlord as his attorney-in-fact,, irrevocably, to execute any- such, instrument on behalf of the.
tenant.
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not
paid, then the Landlord may, without being obligated to do so; and without terminating this lease,
retake possession of the said premises and rent the same for such rent, and upon such conditions as
the Landlord may think best, making such change and repairs as my be required, giving credit for
the amount of rent so received, less all expenses of such changes and repairs, and the Tenant. shall
be liable for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any,other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the .
Landlord, and to dispose-of or rent any other portion of the building. which the Landlord may own
as the•:Landlord elects; that the Tenant had relied. solely on the statements contained in this lease
and that he has read and fully. understands the ,lease and that no agent or representative of., the
Landlord.has'authority to change this lease in any manner or add to,or detract form the,provisions
of this lease; that no assent on the partof, the Landlord, express- or implied, to any breach or any
one or more of the covenants or agreements hereto shall ,be deemed or taken to be awaiver of any
succeeding or other breach or any continuation of such breach.'.
14. Tenant agrees not to keep or harbor, in or on the-premises, any animal of any kind, at
any timer A 'fee ;of $50.00 per day will be charged to any Tenant who has a visiting pet on the
property
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to
park automobiles. ' Among the excluded vehicles and things, but not, limited to these, are
commercial vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and
trucks other than personal pick-ups and vans. No vehicles shall be. stored (parked for more than
three days) on the Project. No vehicle shall be parked on,the common Project roadways or in such
manner as to impede ready. access to another Units parking space :or 'driveway. There will be no
allowance for 'parking in the roadway or in the fire lanes for emergency; vehicle access, reasons.
Vehicles in violation will be ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
17. Tenant agrees to pay' a ,$15.00 fee for any returned checks. The day the Tenant is
notified that the check has been returned the Tenant shall submit cash or a certified bank check to
4 •
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the Landlord.that same day. If the check is received after the 10th of any month the $10.00 per
day late fee will be assessed.
THE PARTIES HERETO.AGREE AS FOLLOWS:'
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it is understood that the storage space. is
only to accommodate the Tenant, and the Tenant uses the same at his. own risk, upon the express
stipulation and agreement that the Landlord shall not be liable for any loss of property stored in
such storage space or any damage or injury or loss whatsoever.-
3 . If the said demised.. are furnished, the inventory of said furnishings and personal
property is hereto attached and hereby made a part hereof as fully and to the same extent as though
enumerated herein, and the Tenant acknowledges, that. all of said items, except as noted on
Landlord's copy of inventory, are in good order and condition, and Tenant agrees to pay all costs
of repairing any.damage, cleaning-, laundering or replacing. same, ordinary wear excepted. &Z.
0 6-C -
4.. Tenant shall deposit with the Landlord the sum of 1 s~ ,X alc 4S k
as a security deposit. This deposit will be due when-Tenant signs the lease. The sum shall be
retained by the Landlord as security for the payment by the Tenant of the rent, herein agreed to be
paid and for the faithful performance of all the terms, conditions and covenants of this lease. If at
any time during the term of this lease the Tenant shall be in default in the performance of any of
the provisions of this lease, the Landlord shall have the right to use said deposit or so much thereof
as may be necessary. in payment of any rent in default as aforesaid and in payment of any damages
sustained by Landlord on the premised and in payment for, any cleaning that- must be done if
premises are not left clean; but in no event will the Tenant be released from liability for the
difference between the . amount of the deposit retained and the actual damage or loss of rent
sustained by the Landlord. Tenant-deposit is to be refunded, without interest; after Tenant
completely vacated provided Tenant is not in : default in. any of the provisions of this lease. an
provided that there is no damage to the premises except ordinary wear, and provided premises are
left clean. It is expressly understood that the Tenant is prohibited from applying ,any portion of
such security deposit toward any rental payment or other charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the .
Landlord, shall remain in possession of said premises, without written agreement of notification by
the Landlord or a change in said rental as to such possession, that such,possession shall, not be
deemed a renewal of this 'lease for the whole term or any part thereof, but that such Tenant shall
ti
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0
8
be regarded as a Tenant from. month to month at a monthly rental payable in advance, equivalent to
the last monthly installment hereunder, subject, however, to all of the other terms of this lease.
6. It is agreed that if the Tenant shall be in arrears in the payment. of any installment of
rent, or any portion thereof, or in default of any of the covenants or agreements herein contained. to
be performed by the Tenant, which default shall be uncorrected_ for a period . of three (3)' days after
Landlord has given written notice thereof, Landlord may;. at his option, without liability for
trespass or for damages; enter into and upon said premises, or a portion thereof; declare the terms
of this lease ended; repossess the said premises as of the Landlord's former estate; expel and
remove the Tenant, those claiming-under him, or any person or persons occupying the same and
their effects; all without prejudice to any other remedies available to the Landlord for arrears -of
rent or breach of convent. _
7. In the event said premises are rendered totally untenantable by fire or other casualty, or
in the event the building of which the demised premises are a part be so injured or destroyed that,
the Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent
provided herein shall be paid up to the date of such injury or damage. If the leased premises shall
be partially destroyed or injured by fire or other casualty, not arising from the fault or negligence
of the Tenant, Landlord shall repair the same with reasonable diligence after notice , of such
destruction or injury; the rent herein. reserved, or a just and proportionate part. thereof, according
to the nature and extent of the damage which has been sustained,,', shall be abated until said premises
shall have been duly repaired and restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under ,this lease, and in the event the matter is turned over to an
attorney, the prevailing party in such dispute shall be entitled, .in addition to other. damages or cost,
to receive reasonable attorney's fees from the other party.
9. Whenever. the words "Landlord" and "Tenant" are used in this lease, as the. context
requires they shall be deemed to refer equally to persons of both sexes and to corporations and co-
partnerships, singular to include plural and plural to include singular.
GENERAL
1. This lease may be enforced against "both of us, our heirs, administrators, executors,
successors and assigns.
2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to
manage the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors
upon written notification by Meadowcroft Properties.
Meadowcroft Properties
Sherwood Meadows
Condominium Lease Agreement
ex. 0
THIS LEASE is made between Meadowcroft Properties. ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and Jeff,Freman ("Tenant"). In consideration of the payment of the rent
and the performance of the promises set forth below, the landlord does hereby lease to, the Tenant,
Condominium. Unit No. 2C, Sherwood Meadows Condominiums., according to the plat thereof, in '
the .County of Eagle, State of Colorado, 037.1 Nottingham Road together with (a stove) (and a
refrigerator), to be used,only as a private residence (and for no other purpose whatsoever) for the
Tenant's family which consists of 2 adult and no children (aged N/A respectively), together with
garage- or parking place number n/a_ storage spacenumber N/A, and all common elements
appurtenant thereto.
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period.
commencing at noon on the 1°`_ day of July 1999; and ending at noon, on the June. 30, 2000, unless
sooner terminated as provided in this lease, for. a mental of $ 1050 per month75-r-eacl-mumh of this
lease payable i . advance on or before noon on the first day of each. calendar month of said term at
the office of the Landlord at the address set forth below. Tenant shall pay the rent punctually and.
without demand.. Any. rental payments, or other charges not received by. the Landlord ten days'-
after they are due will be assessed a late charge of $10 per-day-
'THE TENANT, IN, CONSIDERATION OF THE LEASING OF THE PREIVIISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and .to promptly pay for all water, gas, and
electricity used.
2.. To comply with all reasonable rules and regulations which 'the Landlord or the
condominium association may make for the protection of the building or the general welfare and
comfort oflhe Tenant's and-owners.
3.: To keep the unit in as good order. and condition as when the same were entered by the
Tenant, loss by fire .,or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary.wear excepted.. Further the.tenant agrees that repairs determined to be necessary due too
abuse. or misuse of the units appliances or other amenities shall be at the tenants and not landlords
expense. This provision shall, additionally apply to the plumbing and electrical systems if it is
determined the tenants actions contributed to the need for repair.
4
4. Not to sublet any part of the premises nor assign this lease nor any interest therein
without the prior written consent of the Landlord.
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the ordinances of city or town in which the condominium is located, and to
comply with. all police, fire and. sanitary regulations imposed by any municipal,.. state and federal.
authority either now in force or hereinafter acted,. and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into. the walls, ` ceilings . or doors or
woodwork of the said condominium, nor to make any additions, .alterations or, repairs in or about
the unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or
wiring without first obtaining' the written consent of the Landlord; also, no awning, canopy, or
shutter shall be fixed to or placed upon the exterior walls, doors, roof,. or any part. thereof, or
exposed on or any window, without proper 'written submittal to and approved by the Landlord; to
keep no guest, roomers or boarders without-written consent of the Landlord; to keep the .unit and
every part thereof in good, clean and sanitary. condition and appearance, free from dirt, filth, waste
or any inflammable or dangerous material, also free from objectionable odors, and not to obstruct
or place or permit to be placed.any dirt, rubbish, article or other' thing in, any of the plumbing
fixtures, hallways, or stairways of the building in which the unit is located, and to use the hallway's
and stairways only for ingress to or egressfrom the, unit.
7. Tenant agrees not to throw or permit anything or be thrown.from the unit; to place no
additional locks or change any locks upon any of the doors of the unit without the Landlord's
consent; and. to take good care of and keep the unit so as not to indanger either the premises or,
endanger or annoy any other occupant in the building. Not to commit, permit, or. suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of his family. or guests, or commit, permit 'or suffer
anything to be done by any of them that will disturb or interfere with the rights, comforts or
conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of any other occupant or of any
owners or occupants of adjoining property.
.9. Tenant agrees to allow the Landlord or any employee of the building to enter. the
premises at any time to make repairs, and to enter at any reasonable time to inspect the premises;
to permit the Landlord or his agent to show the said premises to persons wishing to lease or
purchase same.
10. Tenant agrees that this lease shall be subordinate to the lien of any existing mortgages
or deeds 'of trust, and all deeds of trust which may be made a lien on the premises in the future, as
well as any lien for the benefit of the condominium association, and the Tenant agrees to execute
and deliver such further instrument or instruments subordinating this lease, to the lien of any such
deeds of trust as -may be desired by the holder thereof, and the Tenant hereby appoints the
Landlord as his attorney-in-fact, irrevocably, to execute any such instrument on behalf of the
tenant.
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not
paid, then the Landlord may, without being obligated to 'do so, and without terminating this .lease,
retake possession of the said premises and rent the same for such rent, and upon such conditions as
the Landlord may think best, making such change and repairs as my be required, giving credit for
the amount of rent so received,- less all expenses of such changes., and repairs, and the Tenant shall,
be liable for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether.
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord. retains the unrestricted right to change, alter,
abolish, or add to any. of the appurtenances or the leased premises, as may. seem best to the
Landlord,' and.to dispose of or rent any' other portion of the building which the Landlord may own
as the Landlord elects; that the Tenant had relied solely on the statements contained in this lease
and that he has read and fully understands the lease and that no agent' or representative of the
Landlord has authority. to change this lease in any manner or add to -or detract form the provisions
of this lease; that no -assent on the part of the Landlord, express or implied, to any breach or any
one or more of the covenants or agreements hereto shall be deemed or taken to 'be a waiver of any
succeeding or other breach or any continuation of such breach.
14. ; Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at
anytime. A fee of : $50.00 per day will be charged to any Tenant who has a visiting pet on the
proprty-
-15. Tenant agrees exterior parking areas shall. not be used for any purpose other than to
park automobiles. 'Among the excluded vehicles and things, 'but not limited to these; are
commercial vehicles, campers, motor homes, mobile home, trailers; boats, snowmobiles, ' nd
trucks other than personal pick-ups and vans. No vehicles shall be stored (parked for more than
three days) on the Project. No vehicle shall be parked on the common Project roadways or in such
manner as to impede ready access to another Units parking space or driveway. There will be no
allowance for parking in- the roadway or. in the fire lanes for emergency vehicle access reasons.
Vehicles in violation will be ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
Y .
. 17. Tenant agrees to pay a $15.00, fee for any returned checks. The day the Tenant is
notified that the check has been returned the Tenant shall submit cash. or a certified bank check to
the Landlord that same day. If the check is received after the 10th of any month the $10.00 per
day late fee will be assessed.
THE PARTIES HERETO AGREE. ASFOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the. Landlord, it is understood that the storage. space is
only to accommodate the Tenant,, and the Tenant uses the same at his own risk, upon the express
stipulation and agreement that the Landlord shall not be liable for any loss of property stored in
such storage space or,any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal
-property is hereto attached and hereby made a part hereof as fully and to the same extent as though
enumerated herein, and the Tenant acknowledges that all of. said items, except as noted on
Landlord's copy of inventory, are in good order and condition, and Tenant agrees to pay all costs
of repairing any damage, cleaning,, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ :900,00 as a security deposit. This
-deposit will be due when Tenant signs the lease. The sum shall be retained'by the Landlord as
security -for the payment by the Tenant of the rent herein agreed to be paid= and for the 'faithful
performance of all the terms, conditions and covenants - of this lease.. If at, any time during the term
of this lease the Tenant shall be in default in the performance of any. of the provisions of this lease,
the Landlord shall have the right. to use said deposit or so much thereof as may. be necessary in.
payment of any rent in default as aforesaid and in payment of any damages sustained by Landlord
on the premised and in payment for any cleaning that must be done if premises are not left clean,
but in no event will the Tenant be released from liability for the difference between the amount of
the deposit retained and the actual damage or loss of rent sustained by the Landlord. Tenant
deposit. is to be refunded, without interest, after Tenant completely vacated provided Tenarn'is not.
in default in any of the provisions. of this lease an provided that there is no damage to the premises
except ordinary wear, and provided premises are left clean. It is expressly, understood that, the
Tenant is prolubited from applying any portion of such security deposit toward any rental payment
or. other, charges:
5. It is agreed that if after. the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by
the Landlord or'-9 change in said rental as to such possession, that- such possession shall not be
deemed a renewal of this lease for the whole term or any. part thereof, but that such Tenant shall be
regarded as a Tenant from month to month at a monthly- rental payable in advance, equivalent to
the last monthly installment hereunder, subject, however, to all of the other terms of this lease..
i
6. It is agreed that if the, Tenant shall be in arrears in .the payment of any installment of
rent, or any portion thereof, or in default of any, of the covenants or agreements herein contained to
be performed by the Tenant,, which default shall be uncorrected for a' period of three (3) days after
Landlord has given written notice. thereof, Landlord may, at his option, ` without liability for
trespass or for damages enter into and upon said premises, or a portion.thereof; declare the terms
of this lease ended; repossess the said premises as of the Landlord's former estate; expel and
remove the Tenant, those claiming under him, or any person or persons occupying the same and
their effects; all without prejudice to any other remedies: available to the Landlord for arrears of
rent or breach of convent.
.7. In the event said premises are rendered totally untenantable by fire or other casualty, or
in the event' the building of which the demised premises are a part be so :injured or destroyed that
the Landlord shall decide within' a reasonable time not to repair, this lease shall cease and the rent
provided herein shall 'be paid up to the date of such injury or damage. If the leased premises shall
be partially destroyed or injured, by fire or other, casualty, not arising from the fault or negligence
of the Tenant, Landlord shall repair the 'same with reasonable diligence after; notice of such
destruction or injury; the rent herein reserved, or a just and proportionate part thereof, according
to the nature and extent, of the damage which has been sustained, shall be abated until said premises '
shall have been duly repaired and restored.
8, Jn the event of any. dispute arising under the terms of this lease, or in the event, of non .
payment of any sums arising under this lease, and in the event the matter is . turned over to an
attorney, the prevailing party ii such dispute shall be entitled, in addition to other damages or cost,
to receive reasonable attorney's fees from the other party.
9. Whenever the words "Landlord" and "Tenant are .used in this lease, as the context
requires they shall be deemed to, refer equally to persons of both sexes and tD
corporations and co-partnerships, singular to include plural and plural ID include
singular.
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Meadowcroft Properdeis
Sherwood Meadows
Condominium Lease' Agreement
THIS LEASE is made between Meadowcroft Properties'.("Landlord") of 9 Burr. Road,
Wesport, CT 06880 and Sean Rasso, Brian, Lee,, and Kenleigh C: Hobby ("Tenant"). _ In
consideration of the payment of the rent and the performance of the promises set forth below, the
landlord does hereby lease to the Tenant, Condominium Unit No. IA,, Sherwood Meadows
Condominiums., according to the plat thereof, in the County of Eagle, State of Colorado, 0371
Nottingham Road together with (a stove) (and a.refrigerator),'to be used only as a private residence
(and for no other purpose whatsoever) for the Tenant's family which consists of 4 adult and
no_children, (aged. N/A respectively), together with garage or parking place number no storage
space number N/A, and all common elements appurtenant thereto.
TO HAVE AND TO HOLD the condominium unit with . all the appurtenance ,for a period
commencing at noon on the 1" day of November'.1999, and ending.at noon on the June 30
unless sooner terminated as provided in this lease, for. a.rental of $ 1500 per .month or each month
of this lease payable in advance on or before noon on the. first day, of each calendar month of said
term at the. office of the Landlord at the address set forth. below. Tenant shall pay the rent
punctually and without demand. Any rental payments . or other charges not ' received by. the
Landlord.ten.days' after they are.due will be assessed a late.charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to promptly pay for all .water, gas, , and
electricityused.
2.. To comply. with all reasonable rules, and `regulations which the Landlord. or 'the
condominium association may make, for the protection of the building or the general welfare and
comfort of the Tenant's and owners.
{
3. To keep the.unit in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by, the negligence of. the Tenant) or
ordinary wear excepted. "Further the tenant agrees that repairs determined to be necessary due to
abuse or misuse of the units appliances or other amenities shall be at the tenants and not, landlords
expense. This provision shall additionally apply to the. plumbing and electrical 'systems if it is
determined the tenants actions contributed to the need for repair.
1..1
4. Not to sublet any. part of the premises nor assign this lease nor any interest therein
without the prior written consent of the Landlord.
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the. ordinances of city,or town in which the condominium is located, and to
comply with all police, fire and sanitary regulations imposed by any municipal, state an d federal
authority either now in force or hereinafter acted, and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls,; ceilings or doors or
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about
the unit, nor to install any aerials, 'antennas or wiring or to connect to any existing antennas or.
wiring I without first obtaining the written consent of the Landlord; also, no awning, canopy, or
shutter shall be fixed to or placed upon the exterior walls, doors, roof, or any part thereof, or
exposed on or any window, without proper written submittal to and approved by the Landlord; to
keep no guest, roomers br boarders without written consent of the Landlord; to keep the unit and
every part thereof in good, clean and "sanitary condition and appearance,. free :from dirt, filth, waste
or any inflammable or dangerous material, also free from objectionable, odors, and not to obstruct
or place or permit to be. placed any dirt, rubbish, article or other thing in any.of the plumbing
fixtures, hallways, or stairways of the building in which the unit is located, and to use the hallways
and stairways only for ingress to or. egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown' from, the unit; to place no
additional locks or change any locks upon any of the doors of the unit without the L'andlord's
consent, and to take good care of and keep the unit so as not to endanger either. the premises or
endanger or -annoy any other occupant in the building. Not to .commit, permit, or suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or. on the part of. the members of his family or guests, or commit, permit or suffer
anything to be done by any of them that will disturb or interfere with the rights, comforts or
conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of any other occupant or of any
owners or occupants of adjoining property.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the
premises at any. time to make repairs, and to enter 'at any reasonable time to inspect the premises;
to permit the Landlord or. his agent to show the said premises to persons' wishing to lease or
purchase same.
10. Tenant agrees that this lease shall be subordinate to the lien of any existing mortgages
or deeds of trust, land all deeds of trust which may be made a lien on-the premises in the future, as
well as any' lien for the benefit of the condominium association, and the Tenant agrees to execute
and deliver such further instrument or instruments subordinating this lease to the lien of any such
deeds of trust as may be desired by the holder thereof, and. the tenant hereby appoints the
Landlord as his attorney-in-fact, irrevocably, to execute any such'' instrument on behalf of the
tenant.
11. Tenant agrees in the event the premises are left vacant and any part of the'. rent is not
paid, then. the Landlord may,- without being obligated to do so,. and without terminating this lease, .
retake possession of the said premises and rent the same for such rent, and upon such conditions as
the Landlord may think best, making such change and repairs as my be required, giving credit for
the amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall
be liable for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination. of this lease, whether as, above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter, .
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the
Landlord, and to dispose of or rent any other portion of the building which the Landlord may own
as the Landlord elects; that the Tenant had relied solely on the statements contained in this lease
and, that he has read and fully understands the lease and that no agent or representative of the
Landlord has authority to change this lease in any manner or add to or detract form the provisions
of this lease; that no assent on the part of the Landlord, express or implied, to any breach or any
one or more of the covenants or agreements hereto shall be deemed or taken to be a waiver of any
succeeding or other breach or any continuation of such breach:
14. Tenant agrees not to' keep or. harbor, in or on the premises, any animal of any kind, at
any time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the
property.
15. Tenant agrees exterior. parking areas shall not be used for any purpose other than t0
park automobiiles.. Among the excluded vehicles and things, but , not limited to - these,, are
commercial vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and
trucks other than personal pick-ups and vans. No vehicles shall be stored (parked for more than
three: days) on the Project.; No vehicle shall be parked on the common Project roadways or in such
manner as to impede ready access to another Units parking space or driveway. There will ' be no
allowance for parking in the roadway or in the fire lanes for 'emergency vehicle access reasons.
Vehicles in violation will be ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, ft. on any grass area- or common area.
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is
notified that the check has been returned the Tenant shall submit cash or a certified bank check to
the Landlord that same day. If the check is received after the 10th of any month the. $10.00 per
day late fee will be assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is. provided by the Landlord, it is, understood that the storage space is
only to accommodate the Tenant, and the Tenant uses the same at his, own risk, upon the express
stipulation and agreement .that the Landlord.. shall not be liable for any loss of property stored in
such storage space or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal
property is hereto attached and hereby made a part hereof as fully and to the same extent as though
enumerated herein, and the Tenant acknowledges that all. of said iteim, except as noted on
Landlord's copy of inventory, are in good order and condition, and Tenant agrees to pay all costs
of repairing any damage, cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ ~M 1500 Dgos# T /5100 L_AST rk6ArL-
as a security deposit. This deposit will be due when, Tenant signs the lease. The sum shall be
retained by the Landlord as security for the payment by the Tenant of the rent herein agreed to be
paid and for the faithful performance of all the-term, conditions and covenants of this lease. If at
any time during the term of this lease the Tenant shall be in default,in the performance of any of
the provisions of this lease, the Landlord shall have the right to use said deposit or so much thereof
as may be necessary -in payment of, any rent in default as., aforesaid and in payment of any damages
sustained by Landlord on the premised and in payment for any cleaning that must be :done if
premises are not left clean, but in no, event will the Tenant be released from liability for the
difference between the amount, of the deposit retained and the actual damage or loss of rent
sustained by the Landlord- Tenant deposit is to-be refunded, without interest, after Tenant
completely- vacatt*-provkled Tena nr is not hr default in any of the- this . lease an
provided that there is no damage to the premises e - d-provided premises are
Mclean. It is expressly understood that theJenant is prolubited from applying any portion `of
such security deposit toward any rental payment or other charges:
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord; shall remak in possession of said premises, without written agreement of notification by
the Landlord or a change in said rental as to, such possession, that such possession shall not be
deemed a renewal of this lease for the whole term or any part .thereof, but that such Tenant shall
be regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to
the last monthly installment hereunder, subject, however, to all of the other terms of this lease.
4•r
Y
6. It is agreed that if the Tenant shall be in arrears in the payment of any instalhnent of
rent, or any portion thereof, or in default of any of the covenants or agreements herein contained to
be performed by the Tenant, which default shall 'be uncorrected .for a period of three (3) days after
Landlord has given written notice thereof, Landlord may, at his option, without ` liability for
trespass or for damages; enter into and upon said premises, or a portion thereof; declare the terms
of this lease ended,; repossess the said premises.as_ of the Landlord's former .estate; expel and
remove the Tenant, those claiming under him, or any person or persons. occupying the same and
their effects; all without prejudice to any other remedies available to the Landlord "for arrears of
rent or breach of convent.
7. In the event said premises are rendered totally.untenantable by fire or- other casualty, or
in the event the building of which the demised premises are a part be so injured or destroyed that
the Landlord shalldecide within a reasonable time not to repair, this' lease shall cease and the rent
provided herein shall be paid up, to the date of such injury or damage. If the.leased premises shall
be partially destroyed or injured by fine or other casualty, not arising from the.fault or negligence
of the Tenant, Landlord shall repair the same withreasonable diligence after notice of such
destruction or injury;, the rent herein reserved, or a just and proportionate partthereof, according
to the nature and extent of the damage which has been sustained, shall be abated until said premises
shall have been duly repaired and restored.
8. In the event of any dispute arising under the terms of this lease, or iii the event of non-
payment of any sums arising under this lease, and in the event.the matter, is turned over to an
attorney, the prevailing party in. such dispute shall be entitled, in addition to other damages or 'cost,
to receive reasonable attorney's fees from the other party..
9. Whenever the words "Landlord" and "Tenant" are used, in this lease, as the context
requires they shall be deemed to refer equally to persons of both sexes and to, corporations and co-
partnerships, singular to include plural and plural to include singular.
~I
Meadowcroft "Properties
Sherwood Meadows
Condominium Lease Agreement.
THIS LEASE is ' made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and Henry . Lawerance ("Tenant"). In consideration of the payment of the
rent and the performance of the promises set, forth below,. the landlord: does hereby . lease to the
Tenant, Condominium Unit No. _1DSherwood Meadows Condominiums, according to the plat
thereof, :in the County.of Eagle, State of Colorado, 0371 Nottingham Road together with {a stove)
(and a refrigerator), to be used.,only as a private residence (and for no other purpose whatsoever)
for thelenant's family.which consists of .-2- adult and....1_children (aged N/A respectively),
common
together with garage or parking place number na storage space number N/A', and all
elements appurtenant thereto.
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on the day of _June,1909,_ and ending at noon on the .May 30, 2000 ,
unless sooner terminated as provided in this lease,. for a. rental of $ 1500.00 per month..for each
month of this lease payable in advance on or before noon on the first, day of each calendar month of
said term at the office of the Landlord at the address set forth .below. Tenant shall pay the rent.
punctually and without demand. Any rental payments or other charges not received by the
Landlor&ten days' after they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, ' and to: promptly pay for all watts, gas, and
electricity used.
2. To comply. with all reasonable rules and regulations which the Landlord or the
condominium association may make for the protection of the building, or the general welfare and
comfort of the Tenant's and owners.
3. , To keep the unit in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted. Further • the tenant agrees that repairs, determined to be necessary due to
abuse or misuse of the units appliances or other amenities shall be at the tenants and not landlords
expense. This provision shall, additionally apply to the plumbing and. electrical systems if it is
determined the tenants actions contributed to the need for repair.
J
4. Not to sublet any part of the premises nor assign this lease nor any interest therein
without the prior written consent of the Landlord.
5: To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the ordinances of city or town in which the' condominium is located, and to
comply with all police, fire and sanitary regulations imposed by any municipal, state and federal
authority either. now in force or hereinafter acted, and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive, nails, tacks or screws into the walls,. ceilings or doors or
woodwork of the said condominium, nor to make any, additions, alterations or repairs in or about
the unit, nor to install any aerials, antennas or'wiring or to connect to' any existing antennas or
wiring without first obtaining the written consent of the Landlord;. also, no awning, canopy,. or
shutter shall be fixed to or placed upon the exterior walls, doors; roof, or any partthereof, or
exposed on or any window, without proper written submittal to and approved by the Landlord; to
keep no guest, roomers or boarders without written consent of the Landlord; to keep the unit and
every part thereof in good, clean and sanitary condition and appearance, free from dirt, filth, waste
or'any inflammable or dangerous material, also free from objectionable odors, and not to obstruct
or place, or permit to be placed any dirt, rubbish; article or other thing in any of the plumbing
fixtures, hallways, or stairways: of the building in which the unit is located, and to use the hallways
and stairways only for ingress to or egress from the unit.
7. Tenant agrees not to throw or permit anything eor be thrown from the unit; to place no
additional locks or change any 'locks upon any of the doors of the unit without the Landlord's
consent; and to take good care of and keep the unit so as not to endanger either the premises or
endanger or annoy any other occupant in the building. Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of .his 'family or guests, or commit, permit. or suffer
anything to be done by any. of them that will disturb or interfere with the rights; comforts or
conveniences of other tenants.
8..Tenant agrees to neither hold nor- attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, ,no'matter how
occasioned, or for any injury or damage arising from- the acts of any other occupant or of any
owners or occupants of adjoining property.
9. Tenant agrees to allow the. Landlord or any employee of the building t0 enter the
premises at any time to make repairs, and to enter at any reasonable' time. t0 inspect the premises;
to permit the Landlord or -his agent =to show the said premises to persons wishing to lease or
purchase same.
10. Tenant agrees that this lease shall be subordinate, to the lien of any existing mortgages
or deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as
well as any lien for the benefit of the condominium association, and the Tenant agrees to execute
and deliver such further instrument or instruments subordinating this lease to the lien of any such
deeds of trust as may be desired by the holder- thereof, and the Tenant hereby appoints the
Landlord -as his attorney-in-fact; irrevocably, to execute any such instrument- on behalf of the
tenant.
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not
paid, then the Landlord may, without being obligated to do so, and without terminating this lease;
retake possession, of the said' premises and rent the. same for such rent, and upon such conditions as
the Landlord may think best, making such change and repairs as my be required, giving credit for
the amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall
be liable for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon, termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and -deliver up the premises and. all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted' right to change, alter,
abolish, or add to any of the appurtenances or the leased premises,. as may seem best to the
Landlord, and to dispose of or rent any other portion of'the building which theLandlord may own
as the Landlord elects; that 'the Tenant had relied solely on the statements contained in this lease
and that he has read and fully understands the. lease and that no agent or representative of the
Landlord has. authority to change this lease in any manner or add to or.detract form the provisions
of this lease; that no assent on the part of the Landlord, express or implied, to any breach or any
one or more of the covenants or agreements hereto shall be deemed or taken t0 be a waiver of any
succeeding or other breach or any continuation of such breach.
14. Tenant agrees not to. keep or harbor,. in or on the premises; any 'animal of any kind, at
any Time. A fee of.$50.00 per day will be charged to any Tenant who has avisiting pet on the
property.
15. Tenant agrees exterior parking areas shall not be used for any purpose odd than to
park automobiles.. Among _ the excluded, vehicles and things, but not limited to these, are
commercial vehicles, campers, .motor . homes, mobile home, trailers, boats, snowmobiles, and
trucks other than personal pick-ups and vans. No vehicles shall be stored (parked. for more than
three days) on the Project. No vehicle shall be parked on the common Project roadways or in such
manner as to impede ready access to another Units parking space or driveway. There will be no
allowance for parking in the roadway or in the fire lanes for emergency vehicle access reasons.
Vehicles in violation will be ticketed and towed. at Tenants expense.
16. , Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is
notified that the check has been returned the Tenant shall submit cash or a certified bank check to
the Landlord that same day. If the check- is received after the 10th of any month the $10.00 per
day late fee will be assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to. pay, all dues to, and assessments levied by, the condominium
association.
2. If any storage. is provided by the Landlord, it is understood that the storage space is
only to accommodate the Tenant, and the Tenant uses the same at his own risk, upon the express
stipulation and agreement, that the. Landlord shall not be liable for any loss of property stored in
such storage space or any damage, or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said. furnishings and. personal
property is hereto attached and hereby made a part hereof as fully and to the same extent as though
enumerated herein, and, the Tenant acknowledges that all of said items, except as noted on
Landlord's copy of inventory, are in good order and condition, and Tenant agrees to pay all costs
of repairing any damage, cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ SO 0
as a security deposit This. deposit will be due when Tenant signs the lease. The sum shall be
retained by the Landlord, as security for the payment by the Tenant of the rent herein agreed to be
paid and for the faithful performance of all the terms, conditions and covenants of this lease. - If at
any time during the term of this lease the Tenant shall be in default in the performance of any of
the provisions of this lease, the Landlord shall, have the right to use said deposit or so much thereof
as may be necessary in payment of any rent in.default as aforesaid and in payment of any damages
sustained by Landlord on the premised and in payment for any cleaning that must be done if
premises are not left clean, but in no event, will the Tenant be released from liability for the
difference between the amount of the deposit retained and. the actual damage or loss of rent
sustained by` the Landlord. Tenant deposit is to be refunded, without .interest, after Tenant
completely vacated provided. Tenant is not in default in any- of the provisions of this, lease an
provided.that there is no damage to the premises except ordinary wear, and provided premises are
left clean. It is expressly understood that the Tenant is prohibited from applying any portion of
such security deposit toward any rental payment or other charges.
J
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by
i
the Landlord or a change in said rental as to such possession, that such possession shall not be
deemed a renewal of this lease for the whole term or any part thereof, but that such Tenant shall
be regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to
the last monthly installment hereunder, subject, however, to all 'of the other terms of this lease.
6. It is `agreed that if the Tenant.shall be in arrears in the payment of any installment of
rent, or any portion thereof, or in default of any of the covenants or. agreements herein contained to
be performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has given written notice thereof, Landlord may, . at his option, without liability for
trespass or for damages; enter into and upon said premises, or a portion thereof; declare the terms
of this lease ended; repossess the said premises as of the Landlord's former estate; expel god
remove the Tenant, those claiming under him, or any person or persons occupying the same and
their effects; all without prejudice to any other remedies available to the Landlord. for arrears of
rent or breach of convent.
7. In the event said premises are rendered totally untenantable by fire or other casualty, or
in the event the budding of which the demised premises are a part be so injured or destroyed that
the. Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent
provided herein shall be paid up to the date of such injury or damage. If the leased premises shall
be partially destroyed or injured by fire or other casualty, not arising from the fault or.negligence
of the Tenant, Landlord shall repair the same with reasonable diligence after notice of such
destruction or injury; the rent herein reserved, or a just and proportionate part thereof,. according
to the nature and extent of the damage which has been sustained, shall be abated until said premises
shall have been duly repaired and restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, and in-the event the matter is turned over to an
attorney, the prevailing party in such dispute shall be entitled, in addition to other damages or cost,
to receive reasonable attorney's fees from the other party.
9. Whenever the words `Landlord" and 'Tenant' are used in this lease, as the content
requires they shall be deemed to refer equally to persons of both sexes and tD corporations and c»o-
paraierships, singular to include plural and plural to include singular.
1. This lease may be enforced against both of us, our heirs, administrators, executors,
successors and assigns.
2. Mr. ' Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to
manage the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors
upon written notification by Meadowcroft Properties.
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_
Ems. 13
Meadowcroft `Properties
Sherwood Meadows
Condominium Lease Agreement
THIS, LEASE is made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and Kim Wilmoth ("Tenant")_ In consideration of the payment of the rent and
the performance of the promises set forth below, the landlord does hereby lease to the Tenant,
Condominium Unit No. 2B, Sherwood Meadows Condominiums, according to the plat thereof, in the
County of Eagle, State of Colorado, 0371 Nottingham Road together with (a stove) (and a
refrigerator), to be used only as a private residence (and for no other purpose whatsoever) for the
Tenant's family which consists of 2 adult and one children (aged. N/A respectively), together with
garage or parking place number n/a_ storage space number. N/A, and, all common elements
appurtenant thereto.
TO-HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on the. 1` day, of July 1999, and, ending at noon on the June 30,: 2000, unless
sooner terminated as provided in this lease, for a rental of $ 1200 Per month for each month of this
lease payable in advance on or before noon on the first day of each calendar month of said term at the
office of the Landlord at the address set forth below. Tenant shall pay the rent punctually and
without demand. Any rental payments or other charges not received by the Landlord ten days' after,
they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to promptly pay for all water, gas, and electricity
used..
2. To comply with allreasonable rules and regulations which the Landlord or the
condominium association may make for the protection of the. building or the general welfare And-
comfort the Tenant's and owners.
3. To keep the unit in as. good order and condition as. when the. same were entered. by the
Tenant, loss by fire; or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted. Further ,the tenant agrees • that repairs determined to be . necessary due to
abuse or misuse of the units appliances or other amenities shall be at the tenants and not landlords .
expense. This provision. shall . additionally apply to the plumbing and electrical systems if, it is
determined the tenants actions contributed to the need for repair.
4. Not to sublet any part of the premises nor assign this lease nor any interest. therein
without the prior written consent of the Landlord.
y
;i
5. To use said premises for no purpose prohibited by.. the laws of the United States or the
State of Colorado or the ordinances of city or town in which the condominium is located, and to
comply with all police, fire and sanitary regulations imposed by any municipal, state and federal
authority either now, in force or hereinafter. acted, and to use 'the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks, or screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to-make any additions, alterations or repairs in or about the
unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or wiring
without first obtaining the written; consent of the Landlord; also, no awning, canopy, or shutter shall
be fixed to or placed upon the exterior walls, doors,. roof, or any part thereof, or exposed on or any
window, without proper written submittal to and approved by the Landlord; to keep- no guest,
roomers or boarders without written consent of the Landlord; to keep the unit and every part thereof
in good, clean and sanitary condition and appearance, free from dirt, filth, waste or any inflammable
or dangerous material, also free from objectionable odors, and not to obstruct or place or permit-to be
placed any dirt, rubbish, article or other thing in any of the plumbing fixtures; hallways, or. stairways
of the building in which the unit is located, and to use the hallways and stairways only for ingress to
or egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additionallocks or' change any locks upon any of the doors of the unit without the Landlord's
consent; and to'take good care of and keep the unit so as not to endanger either the premises or
endanger or, annoy any other occupant in the building. 'Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of his family or guests, or commit, permit or 'suffer
anything to be done by any of them that will disturb or, interfere with the rights, comforts or
.conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of any other occupant or, of any owners
or occupants of adjoining property. .
9. Tenant agrees to allow the Landlord or any employee of the building to enter the.premises
at airy time to make repairs, and to enter at any reasonable time to inspect the premises; to permit the
Landlord or his agent to show the said premises to persons wishing to lease.orpurchase same.
10. Tenant agrees that this lease shall be subordinate to the.lien of any existing mortgages or
deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as well
as any lien for the benefit of the condominium association, and the Tenant.agrees to execute.and
deliver such further instrument or instruments subordinating this lease to the lien of any such deeds of
trust as may be desired by the holder thereof, and the Tenant hereby appoints the Landlord as his
attorney-in-fact, irrevocably, to execute any such instrument on behalf of the tenant.
1'
4:.
,I
11. Tenant agrees in the event the premises are left vacant, and any part of the rent is not
paid, : then the Landlord may, without being obligated to do so, and :without terminating this lease,
retake possession of the said premises and rent.the same for such rent, and upon such conditions as
the. Landlord may think best, making such change and :repairs as my. be required, giving credit for the
amount of rent so received; less all expenses of such changes and repairs, and the Tenant shall be
liable for the balance of the rent reserved herein until the expiration of the term of this lease.
12- Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the. Landlord. retains the. unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best.to the Landlord,
and to dispose of or rent any other portion of the. building which the. Landlord may own as the
Landlord elects; that the Tenant had relied solely on the statements contained in this lease and that he
has read and fully understands the lease and that no agent. or representative of the Landlord. has
authority to change this lease in any manner or add to or detract form the provisions of this lease; that .
no assent on the part of the Landlord, express or implied, toany breach or any one or more of the
covenants or agreements hereto shall be deemed or taken to be a waiver of any succeeding or other,
breach or any continuation of such breach.
14.. Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at
any time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the
property.
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to park
automobiles.: Among the excluded vehicles and things, but not limited to these, are commercial
vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and trucks other than
personal'pick-ups and vans. No vehicles shall be stored (parked for more than three days) on the
Project. No vehicle shall be parked on the common Project roadways or in such manner as to impede
ready access to another Units parking space or driveway. There will be no allowance for parking in
the roadway or in the fire lanes for emergency vehicle access reasons. Vehicles in violation will be
ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is notified
that the check has been returned the Tenant shall submit cash or, a certified bank check to the
Landlord that same day. If the check is received after the 10th of any month.the $10.00 per day late
fee will be assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is only
to accommodate the Tenant; and the Tenant uses the same at his own risk, upon' the express
stipulation and agreement that the Landlord shall not be liable for any loss of property stored -in such
storage space or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal property
is hereto attached and hereby made a part hereof as fully and to the same extent as though enumerated
herein, and the Tenant acknowledges that all- of said items, except as noted on Landlord's copy of
inventory, are in good . order and condition, and Tenant agrees -to pay all costs of repairing any
damage, cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ 1200.00 as a security deposit. This
deposit will be due when Tenant signs the lease. The sum shall` be retained by the Landlord as
security, for the payment by the Tenant of the rent herein agreed to be paid and -for. the faithful
performance of all the terms, conditions and covenants of this lease. If at. any time during the. term of
this lease the Tenant shall be 'in default in the performance of any of the provisions of. this lease, the
Landlord shall have the right to. use said deposit or so much thereof as may be necessary in payment
of any rent in default as aforesaid and in payment of zany damages sustained by Landlord on the
premised and in payment for any cleaning that must be done if premises are not left clean, but in no
event will the Tenant be released from liability for the difference between the amount of the deposit
retained and the actual damage or loss of rent sustained by the Landlord.. Tenant. deposit is to be
iefunded, without interest,* after Tenant completely vacated provided Tenant is not in default in any of
the provisions of this lease an provided that -,.there is no damage to the premises except.ordinary wear,
and provided premises are left clean. It is expressly understood that the Tenant is prohibited from
applying any portion of such security deposit toward any rental payment or other charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by
the Landlord or a change in said rental as to such possession, that such possession shall not be
deemed a renewal of this lease for the whole term or any part thereof, but that such Tenantshall be
regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to the
last monthly installmenthereunder; subject, however, to. all of the other terms of this lease.
6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of rent,
or any portion thereof, or in default of any ,of the covenants or agreements herein
contained to be performed by the Tenant, which default shall be uncorrected for a period
of three (3) days after Landlord-has given written notice thereof; Landlord may, at his
option; without liability for trespass or for damages; enter into and upon said premises, or
a portion thereof; declare the terms of this lease ended; repossess the said. premises. as of
the Landlord's former estate; expel and remove the Tenant, those claiming.under him, or
any person or persons occupying the same and their effects; all without prejudice to any
other remedies available to the Landlord for arrears of rent or breach of convent.
7. In the event said premises are rendered totally unteriantable by fire or other casualty, or in.
the event the building of which the demised premises are a part be so injured or destroyed that the
Landlord' shall decide within a reasonable time not to repair, this lease. shall cease and the rent provided
herein shall be paid up to the date of such injury or damage. If the `leased premises shall be partially
destroyed or injured by fire or other casualty, not arising from the fault or negligence. of the Tenant, .
Landlord shall repair the same with reasonable diligenceaiiter notice of such destruction or injury; the
rent herein reserved, or a just and proportionate part thereof; according to the. nature and extent of the
damage which has been sustained, shall be abated until said premises shall have been duly repaired and.
restored
8. In the event of any dispute arising under, the terms of this lease. or in the event of non
payment of any sums arising under this lease, and in the event the matter is turned over to an attorney,
the prevailing party in such dispute shall be entitled, in addition to other damages or cost, to receive .
reasonable attomey's.fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context requires
they shall be deemed to refer equally to persons of both sexes and to corporations and co-partnerships,
singular to include plural and plural to include singular.
G&CERAL
1 This lease may be enforced against both of us, our heirs, administrators, executors,,
successors and assigns.
2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to manage
the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors upon written
notification by Meadowcrofft Properties.
IN ANTINESS VVBEREOF, the parties hereto have hereunder set.their hands and seals the day
and year fust above written
Ag - Meadowcroft Properties)
Jhn
enant)
a
EX.`3
MeadowcToft Properties
Sherwood Meadows
Condominium Lease Agreement
THIS LEASE is made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and Errol King ("Tenant"). In consideration of the payment of the rent and
the., performance of the promises set forth below, the landlord does hereby lease to the Tenant,
Condominium Unit No.2E, Sherwood Meadows Condominiums, according to the plat thereof, in the
County of, Eagle, State of Colorado, 0371 Nottingham Road together with. (a stove) (and a
refrigerator), to be used only as .a.private. residence (and for no other purpose whatsoever) for the
Tenant's family which consists of 1 adult and N/A children (aged N/A respectively), together with
garage or parking - place number NIA storage space number N/A, and all • common . elements
appurtenant thereto,
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on the 1sT day of June 1999, and ending at noon on.the May 31, 2000, unless
sooner` terminated as provided in this lease, for a rental. of $ 750.00 per month for each month of this
lease payable in advance on or before noon on the first day of each calendar month of,said term at the
office of the Landlord at the address set forth below.. Tenant shall pay thea rent, punctually and.
without demand.. Any rental payments or other charges not received by the Landlord ten days' after
they are due .will be assessed a late charge of 10 per day. ,
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1 To pay the rent as above provided. and to promptly pay for all water, gas, and electricity
used:
2 To comply with. all reasonable, rules and regplations which . the _ Landlord or the
condominium association may make for the protection of the building or the general welfare and.
comfort of the Tenant's and owners.
3. To keep the unit in as, good order and condition as when the same were entered by the .
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or.
ordinary wear, excepted. Further the tenant. agrees that, repairs determined to be necessarydue to
abuse or misuse of the units appliances or other amenities shall be. at, the tenants- and not landlords
expense. This, provision shall additionally, apply to the plumbing and electrical systems ' if it is
determined the tenants actions contributed to the.need for repair.
4. Not to sublet any part of the premises nor' assign this lease nor any interest therein
without the prior written consent of the Landlord.
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the ordinances of city or town in which the condominium is located, and to
comply with all police, fire and sanitary regulations imposed by any municipal, state and federal
authority either now in.force or hereinafter acted, and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about the
unit, nor' to install any aerials, antennas or wiring or to connect to. -any existing antennas or wiring
without first obtaining the written consent of the Landlord; also; no awning, canopy, or shutter shall
be fixed to or placed upon the exterior walls, doors, roof, or any part thereof; or exposed on or any
window, without proper written submittal to and approved by the Landlord to -keep no guest,
roomers or boarders without written consent of the Landlord;`to keep the unit and every part thereof
in good, clean and sanitary condition and'appearance, free from dirt, filth, waste or any inflammable
or dangerous material; also free from objectionable odors, and not to obstruct or place or permit to be
placed any dirt, rubbish, article or other thing in any of the plumbing fixtures, hallways, or stairways
of the building.in which the unit is located, and, to use the hallways and stairways only for ingress to
or egress from the unit.
7. Tenant agrees not to throw or permit anything or.be thrown -from the unit; to place no
additional locks or change any locks upon any of the doors of the .unit without the Landlord's
consent; and to take good care of and- keep the unit so as not 'to. endanger, either the premises or
endanger or annoy any other occupant in the building. Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of his family or guests, or commit, permit or suffer
anything to be done by any of them. that will disturb or interfere with the rights, comforts or
conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord; or his agents or servants
liable for any injury or damage to person or- property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of.any other occupant or of any owners
or.occupants of adjoining property.
9. Tenant agrees to allow the.Landlord or any employee of-the building to enter the premises
at any time to make repairs, and to enter- at any reasonable time to inspect the premises; to permit the
Landlord or his agent to show the said premises to persons wishing to lease or purchase same.
10. Tenant agrees that this lease shall be subordinate to the. lien of any existing mortgages or
deeds of trust; and all deeds of trust,which may be made a lien on the premises in the future, as well
as any lien for the benefit of the condominium association, and the Tenant agrees to execute and
deliver such further instrument or instruments subordinating this lease to the lien of any such deeds of
trust as may be desired by the holder thereof, and the Tenant hereby appoints the Landlord as his
attomey-in-fact, irrevocably, to execute any such instrument on behalf 'of the tenant.
i
.e
IL Tenant agrees in the event the premises are left vacant and any part of the rent is not
paid, then the Landlord may, without being obligated to do so, and without terminating this lease,
retake possession of the said premises and rent the same for such rent, and upon, such conditions as
the Landlord may think best, making such change and repairs as my be required, giving credit for the
amount of rent so received, less all expenses of such chan ges and repairs; and the Tenant shall be
liable for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13:. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish; or add to any of the appurtenances or the leased premises, as may. seem best to the Landlord,
and to dispose of or rent any other portion of the building which the Landlord may own as the
Landlord elects; that the Tenant had relied solely on the statements contained in this lease and that he.
has read and fully understands the lease and that no agent or representative of the Landlord has
authority to change this lease. in any manner or add to or: detract form the provisions of this lease; that
no assent on the part of the Landlord, express or implied,. to any breach or anyone or more of the
covenants or agreements hereto shall be deemed or taken to be a waiver -of any succeeding or other
brcach or any continuation of such bread.
14. Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at
any time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the
property.
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to park
automobiles.. Among the excluded vehicles and things,. but not limited to these„ are commercial
vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and 4rucks other than
personal pick-ups and vans. No vehicles shall be stored (parked for more than three days) on the
Project. No vehicle shall be'parked on the common Project roadways or in such manner as to impede
ready access to another Units parking space or. driveway. There will be no allowance for parking in
the roadway or.:in the fire lanes for emergency vehicle access reasons. Vehicles in violation will be
ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is notified
that the check has been returned the Tenant shall submit cash . or a certified bank check to the
Landlord that same day. If the check is received after the 10th of any month the $10.00 per day late
fee will be assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees. to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it, is understood that the storage space is only
to accommodate the .Tenant, and the Tenant uses the same at his own risk, upon. the express
stipulation.and agreement that the Landlord shall not be liable for any loss of property stored in such
storage space or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal property
is hereto attached and hereby made a parthereof as fully and to the same extent as though enumerated
herein, and the Tenant acknowledges that all of said items, except as noted on Landlord's copy of
inventory, are . in good order and condition, and - Tenant agrees to pay all costs of repairing any
damage, cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ `'ISD
as a.:security deposit. This deposit will be due when Tenant signs the lease. The sum shall be
retained by the Landlord as security for the payment by the Tenant of the rent herein agreed to be
paid and for the faithful performance of all the terms; conditions and covenants of this lease. If at
any time during the term of this lease the Tenant shall be in default. in the performance of any of the
provisions of this lease, the Landlord shall have the right to use said deposit or so much thereof as
may be necessary in payment of any rent in default as aforesaid and in payment of any damages
sustained by Landlord on the premised and in payment for any cleaning that must be done if premises
are not left clean, but in no event will the Tenant be released from liability for the difference between
the amount of the deposit retained and the actual damage or loss of rent sustained by the Landlord.
Tenant deposit is to be refunded, without interest, after Tenant completely vacated provided Tenant is
not in default in any of the provisions of this lease an provided that there is no damage to the
premises except ordinary wear, and provided premises are left clean. It is expressly understood that
the Tenant; is prohibited from applying any portion of such security deposit toward any rental
payment or other, charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by
the Landlord or a change in said rental as to such possession, that such possession shall not be.
deemed a renewal of this lease for the whole term or any part thereof, but that such Tenant shall be
regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to the
last monthly installment hereunder, subject, however, to all of the other terms'of this lease.
6. It is agreed that,.if the Tenant shall be in arrears in the payment of any installment of rent,
or any. portion thereof, or in default of any of the covenants or agreements herein contained to be
performed by the Tenant, which default shall be uncorrected for a period of. three (3) days after
Landlord has given written notice thereof, Landlord may, at his option, without liability for trespass
or for damages; enter into` and upon said premises, or a portion thereof; declare the terms of this lease
ended; repossess the said premises as of the Landlord's former estate, expel and remove the Tenant,
those claiming under him, or any person or persons occupying the same and their effects; all without
prejudice to any other remedies available to the Landlord for arrears of rent or breach of convent.
r
r
Y
7. In the event said premises are rendered totally untenantable by fire or other casualty, or in
the event the building of which the demised premises are a part be so injured or destroyed" that the
Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent provided
herein shall be paid up to the date of such injury or damage. If the leased premises shall be partially
destroyed or injured by fire or other casualty, not arising from the fault or negligence of the Tenant,
Landlord shall repair the same with reasonable diligence after notice of such destruction or injury; the
rent herein reserved, or a just and proportionate part thereof; according to the nature and extent of the
damage which has been sustained, shall be abated until said premises shall have been duly repaired and
restored
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, -and in theevent the matter is turned over to an attorney,
the prevailing parry in such dispute shall be entitled, in addition to other damages or cost, to receive
reasonable attome_Vs fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context requires
they shall be deemed to refer equally to persons of both sexes, and to corporations and co-partnerships,
singular to include plural and plural to include singular.
GENERAL
1. This lease may be enforced against both of us, our heirs, administrators, executors;
successors and assigns.
. 2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to manage
the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors upon written
notification by Meadowcroft Properties.
IN WITNESS WITEREOF, the parties hereto have hereunder set their hands and seals the day
and year first above written
Properties)
L'Zi I ztzf
(Tenant)
V1
Meadowcroft Properties
Sherwood Meadows
Condominium lease Agreement
E,.W. 8
THIS LEASE is made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT .06880. and Ted Hanley and Ray. McGervey ("Tenant*). In consideration of the
payment of the rent and the performance of the promises set forth below, the landlord does hereby .
lease to the Tenant, Condominium Unit No. _2B .,,Sherwood Meadows Condominiums, according
to the plat thereof, in the County of Eagle, State. of Colorado, 0371 Nottingham Road together with
(a stove) (and a refrigerator), to, be used only as a private residence, (and for no other purpose
whatsoever) for the Tenant's family which consists of _2_ adult and no children (aged. N/A .
respectively), together with garage or parking place number n/a storage' space number. N/A,
and all common elements appurtenant thereto.
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on the 1' day of October, and ending at noon on the September 30, 20000 or
less: sooner terminated as provided in this lease, for, a rental of $1200.00 per month for each month
of this lease payable in advance on. or before noon on the first day of each calendar month of said
term at the office -of the Landlord at the address set forth below.. Tenant shall pay the rent
punctually and without demand..',. Any, rental payments or other charges . not received by the
Landlord ten days' after they are -due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PRENIISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to. promptly pay for all water, gas,. and
electricity used.
2. To comply with all reasonable rules. and regulations which the Landlord or the
condominium association may make for the, protection of .the -building, or the general welfare and
comfort of the Tenant's and owners.
3. To keep the unit in as good order and condition as when.the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted. Further the tenant agrees that repairs determined to be necessary, due to
abuse or misuse of the units appliances or other amenities shall be at the tenants and not landlords
expense. This provision shall additionally apply to the plumbing and electrical systems if it is
determined the tenants actions contributed to the need for repair.
e1
4. Not to sublet any part of the premises nor assign this lease nor any interest therein
without the prior written consent of the Landlord.
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or 'the ordinances of city or town in which the condominium is located, and to .
comply with all police, fire and sanitary regulations imposed by any municipal,. state and federal
authority either now in force or hereinafter acted, and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls; ceilings or doors or
woodwork of the said condominium, nor to make any. additions; alterations or repairs in or about
the unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or
wiring without. first obtaining the written consent of the Landlord; also, no awning, canopy, or
shutter shall be fixed to or placed upon the exterior walls, doors, roof, or any part thereof, or
exposed on or any window, `without proper written submittal to and approved by theLandlord; tp
keep no guest, roomers or boarders without written consent of the Landlord; to keep the unit and
every part thereof in good, clean and sanitary condition and appearance, free from dirt, filth, waste
or any inflammable or dangerous material, also free from objectionable odors, and not to obstruct
or place or permit to be placed any dirt, rubbish, article. or other thing in any . of the plumbing
fixtures, hallways, or stairways of the building in which'the unit is located, and to use the hallways
and stairways only for ingress to or egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additional 'locks or change, any locks upon any of the doors of the unit without the Landlord's
consent; and to take good care of and keep the unit so as not to endanger either the premises or
endanger or annoy any. other occupant in the building. Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise.or nuisance whatsoever about the premises on the part.of
the Tenant or on the part of the members of his family or guests, or commit, permit or suffer
anything to be done by any of them that will disturb or interfere with the rights, comforts or
conveniences of other tenants:
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants.
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of any other occupant or of any
owners .or occupants of adjoining property.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the .
premises at any time to make'repairs, and to enter 'at any reasonable time to inspect the
premises; to permit the Landlord or his agent to show the said premises to persons
wishing to lease or purchase same.
1. •
d
10. Tenant agrees that this lease shall be subordinate td.the lien of any existing mortgages
or deeds of trust, and all deeds of trust which may be made a lien on"the premises in the future, as
well as any lien for the benefit of the condominium association, and the Tenant'agrees to execute
and deliver such further instrument or instruments subordinating this lease to the lien of any such
deeds , of trust as may be desired by the holder thereof, and the Tenant hereby appoints the
Landlord. as his attorney-in-fact, irrevocably, to execute any such instrument on behalf of the.
tenant.
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not
paid, then the Landlord may, without being obligated to .do so, and without terminating this lease,
retake possession of, the said premises and rent the same for such rent, and upon such conditions as.
the Landlord may think best, making such change and repairs as my be required, .giving credit for
the amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall
be liable for the"balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the
Landlord, and to dispose of or rent any other portion of the building which the Landlord. may own
as the Landlord elects; that the Tenant had relied solely on the statements contained in this lease
and that he ' has read and fully understands the lease and 'that no agent or representative of the
Landlord has authority to change this lease in any manner or add to or detract form the :provisions
of.. this lease; that no assent on the part of the. Landlord, express or implied, to any breach or any
one or more of the covenants or agreements hereto shall be deemed or taken to be a waiver of any
succeeding or other breach or any continuation of such breach.
14 Tenant agrees not to keep or harbor, in or on the premises, any animal of any, kind, at.
any time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the.
property.
15. Tenant agrees exterior parking areas shall not be used for. any purpose mother than to
park automobiles. Among the excluded vehicles and things, but not limited to these, are
commercial vehicles, campers, motor homes, mobile home,' trailers, boats, snowmobiles, and
trucks other than personal pick-ups and vans. No vehicles shall-be 'stored (parked for more than
three days) on the Project. No vehicle shall be parked on the `common Project roadways or in .such
manner as to impede ready access to another Units parking space or driveway. There will be no
allowance for parking in the roadway or in the fire lanes for emergency vehicle access reasons.
Vehicles in violation will be ticketed and towed at Tenants expense:
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
J
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is
notified.that: the check has been returned the Tenant shall submit cash or a certified bank check to
the Landlord that same day. If the check is received after the 10th of any month the $10.00. per .
day late fee will be assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is
only to accommodate the Tenant, and the Tenant uses. the same at his _ own risk, upon the express
stipulation and agreement that the Landlord shall not be liable for, any loss of property stored in
such storage space or any damage or injury or loss whatsoever.
3. If the said demised, are furnished, the inventory of said furnishings and, personal
property is hereto attached and. hereby made apart hereof as fully and to the same extent as though
enumerated herein, and the Tenant acknowledges that all of said items, except as noted on
Landlord's copy of inventory, are .in good order and condition, and Tenant agrees to pay all costs
of repairing any damage, cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with "the. Landlord the. sum of $ 1200.00 ,
as a security deposit.. This deposit will be.due when Tenant signs the lease. The sum shall be
retained by the Landlord as security for the payment by the Tenant of the rent herein agreed to be
paid and for the faithful . performance of all the terms, conditions and, covenants of this lease. If at
any time during the term of this lease the Tenant shall be in default in the performance of any of
the provisions of this lease, the Landlord shall have the right to use said deposit, or so much thereof
as may be necessary in payment of any. rent in default as aforesaid and in payment of any damages
sustained . by Landlord. on the premised and in payment for any Cleaning that must be done if
premises are not left clean, but in .no event will., the Tenant be. released from liability for the
difference between the amount, of the deposit retained and the actual damage or -loss of rent
sustained by the Landlord. Tenant deposit is to be refunded, without interest, after" Tenant
completely vacated provided Tenant is. not in default in any of the provisions -of this lease an
provided that there is no damage-to the premises except ordinary wear, and provided premises are
left clean. It is expressly understood-that the Tenant is prohibited from applying any portion of
such security deposit toward, any rental payment or other charges.
s
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by
the Landlord or a change in said rental as to such possession, that such possession shall not be
deemed a renewal-of this lease for the whole term or any part thereof, but that such Tenant shall
be regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to
the last monthly installment hereunder, subject, however, to all of the other terms of this lease.
6. It i& agreed that if, the Tenant shall be in arrears in the payment of any installment of
rent, or any portion, thereof, or in default of any of the covenants or -agreements herein contained to
be performed by the Tenant, which default shall be uncorrected for a. period of `three (3) days after .
Landlord has, given written notice thereof, Landlord may, at his option, without liability for
trespass or for damages; enter, into and upon said premises, or a portion. thereof; declare the terms
of this lease ended; repossess the said premises as of the Landlord's. former estate; expel and
remove, the Tenant, those claiming under him, or any person or persons occupying the same and
their effects; all without prejudice to any other remedies available to the Landlord for arrears of
rent or breach of convent.
7. In the event said premises are rendered totally untenantable by fire or other 'casualty, or
In the event the building of which the demised premises are a part be so injured or destroyed that
the Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent
provided herein shall be paid up to the date of such injury, or damage.. If the leased premises shall
be partially destroyed or injured by fire or other casualty, not. arising from the fault or negligence
of the Tenant, Landlord shall ' repair the same' with reasonable diligence after : notice.of such
destruction or injury; the rent herein reserved, or a just and proportionate part thereof, according
to the nature and extent of the damage which has. been sustained, shall be abated until said premises
shall have been duly repaired and restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, and in the event the matter is turned over to an
attorney, the prevailing party in such dispute shall be entitled, in addition to other damages or cost,
to receive reasonable attorney's fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context
requires they shall be deemed to refer equally to persons of both sexes and to corporations and Co-
partnerships, singular to include plural and plural to include singular.
1 i
Meadowcroft Properties
Sherwood Meadows
Condominium Lease Agreement`
THIS. LEASE is made between Meadowcroft . Properties ("Landlordof 9 Burr Road,
Wesport, CT 06880 and ("Tenant")..
In consideration of the ,payment of the rent. and the performan ce of the promises set forth
below, the landlord does hereby lease to the Tenant, Condominium Unit No. Sherwood
Meadows Condominiums, according to, the plat thereof, in the County of Eagle, State of Colorado, 0371
Nottingham Road together with (a stove) (and a refrigerator); to be used only as a private residence
(and for no other purpose whatsoever) for the Tenant's family -which consists' of 2 adult and
children (aged N/A respectively), together, with garage or parking place number: storage
space number N/A, and all common elements appurtenant thereto. l
TO HAVE AND TO HOLD.the condominium unit with all the appurtenance for a period
commencing at noon on the 1 S r day ofj 14 and ending at noon on the MA. 31 . l 4g q
unless sooner terminated as provided in this lease, for a rental o M0 per coon for each
month of this lease payable in advance on or before noon on the first day-of each calendar month of said
term at the office of the Landlord at the address set forth below. Tenant shall pay the rent punctually
and without demand. Any rental payments or other charges not received. by the Landlord ten days' after
they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION_OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
L To pay the rent as above provided, and to promptly pay for all water, gas, and electricity
used
Z To comply with all reasonable rules and regulations which the Landlord or the condominium
association may make for the protection of the building or the general welfare and comfort of the
Tenant's and owners.
3. To keep the. unit in as good order and. condition as when. the. same : were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted
4. Not to sublet any part. of the premises nor assign this lease nor any interest therein without
the prior written consent of the Landlord!
r
5. To. use said premises for no purpose prohibited by the laws of the United States or the State
of Colorado or the ordinances of city or town in which the condominium is located, and to comply with'
all police, fire and sanitary regulations imposed by any municipal, state and federal authority either now
in force or hereinafter acted, and to use the premises for no improper, or questionable purposes
whatsoever.
6. Tenant agrees not to drive nails, tacks or - screws into the walls, ceilings or doors or
woodwork of the said` condominium, nor to make any additions, alterations or repairs, in or about the
unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or. wiring
without first obtaining the written consent of the Landlord; also, no awning, canopy, or shutter shall be
fixed to or placed upon the exterior walls, doors, roof or any part thereof, or exposed on or any
window, without proper written submittal to and approved by the Landlord, to keep no guest, roomers
or boarders without written consent of the Landlord; to keep the unit and everypart thereof in good,
clean and sanitary condition and appearance,' free from dirt-, filth, waste or any inflammable or
dangerous material, also .free from objectionable odors, and not to obstructor. place or permit to be
placed any dirt, rubbish, article or other thing in any of the plumbing fixtures, hallways, or stairways of
the building in which the unit' is located, and to use the hallways and stairways only for ingress to or
egress from the unit.'
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additional locks or change any locks upon any of the doors of the unit without the Landlord's consent;
and to take good. care of and'keep the unit so as not to endanger either the premises: or endanger or
annoy- any other occupant in the building. Not to commit, permit, or suffer any objectionable or
disorderly conduct, noise or nuisance whatsoever about the premises on the part of the Tenant or on the
part of the members of his family or guests, or commit, permit or suffer anything to be done by any of
them that will disturb or interfere with the rights, comforts or conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or.. property either proximate or remote, no matter how
occasioned, or for any injury or`daunage arising from the acts of any other occupant or of any owners or
occupants of adjoining property.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the premises at
any time to make repairs, and to enter at any reasonable time to inspect the premises, to permit the
Landlord or his agent to show the said premises to persons wishing to lease or purchase same.
10.. Tenant agrees. that this lease shall be subordinate to the lien of any existing mortgages or
deeds of trust, and all deeds of trust which may be made alien on the premises in the future, as well as
any lien for the -benefit of the condominium association, and the Tenant agrees to execute and, deliver
such further instrument or instruments' subordinating this lease to the lien of aay,such deeds of trust as
may be desired by the holder thereof and the Tenant hereby appoints the Landlord as his attorney-in-
fact, irrevocably, to execute any such instrument on behalf of the tenant.
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not paid,
then the Landlord may,.without being obligated to do so, and without terminating this lease, retake
possession of the said premises and rent the same for such rent, and upon such conditions as the
Landlord may think best, making such change and repairs as my be required, giving credit for the
amount of rent so received; less all expenses of such changes and repairs, and,.the Tenant shall be liable
for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, . whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all keys
peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or-add to any of the appurtenances or the leased premises, as may seem best to the Landlord,
and to dispose of or rent any other portion of the building which the Landlord may own as the Landlord
elects; that the Tenant had relied solely on the statements contained in this lease and that he has read
and fully understands the lease and that no agent or representative of the Landlord has authority to
change this lease in any manner or add to or detract form the provisions of this lease; that no assent on
the part of the Landlord, express or implied, to any breach or any one or more of the covenants or
agreements hereto shall be deemed or taken to be a waiver of any succeeding or other breach or any
continuation of such breach.
.14. Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at- any
time. A fee of $50.00 per day will be charged to any Tenant who has a.visiting pet on the property.
15: Tenant agrees exterior parking areas shall not be used for any purpose other than to park
automobiles. Among the excluded vehicles and things, but not limited, to these, are commercial
vehicles, campers, . motor homes, mobile home, trailers, boats, snowmobiles, ° and trucks other than
personal pick-ups and vans. No vehicles shall be stored (parked for more than three days) on the
Project. No vehicle shall' be parked on the common Project roadways or is such manner as to impede
ready access to another Units parking space or driveway. There will be no allowance for parking in the
roadway. or in the fire lanes for emergency vehicle access reasons. Vehicles in violation will be
ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is notified
that the check has been returned the Tenant shall submit cash or a certified bank check to the Landlord
that same day. .If the check is received after the 10th of any month the $10.00 per day- late fee will be
assessed.
THE PARTIES:IMMO AGREE AS FOLLOWS:
1. The Landlord agree to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage. is provided by the Landlord, it is understood that the storage space is only to
accommodate the Tenant, and the Tenant.uses the same at his own risk, upon the express stipulation
and agreement that the Landlord shall not be liable'for arty loss of property stored in such storage space
or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said fumishings.and personal property is
hereto attached and hereby made a part hereof 'as fully and to the same extent as though enumerated
herein, and the Tenant acknowledges that all :of said items, except as noted on Landlord's copy of
inventory, are in. good order and condition, and Tenant agrees to pay all costs of repairing any damage,
cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $
as a security deposit. This depositwill be due when Tenant signs the lease. The sum shall be retained
by the Landlord as security for the payment by the Tenant of the rent herein agreed to be paid and for
the faithful performance of all the terms, conditions and covenants of this lease. If at any time during
the term of this lease the Tenant shall be in default in the performance of any of the provisions of this
lease, the Landlord shall have the right to use said deposit or. so much thereof as may be necessary in
payment of any rent in default as aforesaid and in payment of any damages sustained by Landlord on the
premised and in payment for any cleaning that must be done if premises are not left clean, but in no
event will the Tenant be released from liability for the difference between the amount of the deposit
retained and the actual damage or loss of rent sustained by the Landlord Tenant deposit is to be
refunded, without interest, after Tenant completely vacated provided Tenant is not in default in any of
the provisions of this lease an provided that there is no damage to the premises except ordinary wear,
and provided premises are left clean. It is expressly .understood that the Tenant is prohibited from
applying any, portion of such security deposit toward any rental payment or other charges.
5. It is agreed that if after the expiration of this lease. the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by the
Landlord or a change in said rental as to such possession, that such possession shall not be deemed a
renewal of this lease for the whole term or any part thereof; but that such Tenant shall be regarded as a
Tenant from month to month at a monthly, rental payable in advance, equivalent to the last monthly
installment hereunder, subject, however, to all of the other terms of this lease.
6. It is agreed.that if the Tenant shallbe in arrears.in the payment- of any installment of rent, or
any portion thereof, or in default of any of the covenants or agreements herein contained to be
performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has, given written notice thereo4 Landlord may, at his option, without liability for trespass or
for damages; enter into and upon said premises, or a portion thereof; declare the terms of this lease
ended; repossess the said premises as of the. Landlord's former estate; expel and remove the Tenant,
those claiming under him, or any person or persons occupying the same. and their effects; all without .
prejudice to any other remedies available to the Landlord for arrears of rent or breach of convent.
a
7. In the event'said premises are rendered totally untenantable by fire. or other casualty, or in
the event the building of which the demised premises are a part be so injured . or destroyed that the
Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent provided
herein shall be paid up to the date of such injury or damage. If:the leased premises shall be partially
destroyed or injuredby fire or other casualty, not arising from the fault or negligence of the Tenant,
Landlord "shall repair the same with reasonable diligence after notice of such destruction or .injury`; the
rent herein reserved, or a just and proportionate part thereof according to the nature and extent of the
damage which has been sustained, shall be abated until said premises shall have been duly repaired and
restored
-8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, and in the event the matter is turned 'over to an attorney,
the prevailing party in such dispute shall be entitled, in addition to other damages or cost, to receive
reasonable attorney's fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context requires
they shall be deemed to refer equally to persons of both sexes and to corporations and co-partnerships,
singular to include plural and plural to "include singular.
GENERAL
1 This. lease may be enforced against both of us, our heirs, administrators, executors,
successors and assigns.
2. Mr. Tim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to manage .
the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors upon written
notification, by.Meadowcroft Properties.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day
and year first above written.
- Meadowcroft Properties)
(Tenant)
EXHIBIT C
STATEMENT OF AMOUNT OF MONTHLY-CONDOMINIUM FEES
FOR PURPOSES OF' §15
OF THE CONTRACT, SELLER REPRESENTS THAT
THE REGULAR OWNERS' ASSOCIATION ASSESSMENT IS CURRENTLY
PAYABLE IN THE FOLLOWING MONTHLY AMOUNTS FOR THE INDICATED .
UNITSs .
SHERWOOD'IA
$295
SHERWOOD IC
$295
SHERWOOD 1D
$295
SHERWOOD 2B
$235
SHERWOOD 2C
$235
SHERWOOD 2E
$110
SHERWOOD 2F
$110
SHERWOOD 3A
$295
SHERWOOD 3B
$295
SHERWOOD 4B
$235
SHERWOOD 4D
$110
EXHIBIT D
STATE WITHHOLDING TAX DISCLOSURE
THE SELLER HAS BEEN ADVISED THAT UNDER COLORADO LAW, A TITLE
INSURANCE COMPANY OR OTHER PERSON RESPONSIBLE FOR CLOSING
THE SALE OF COLORADO REAL PROPERTY MAY BE REQUIRED TO
WITHHOLD COLORADO STATE INCOME TAX EQUAL TO THE-LESSER OF
TWO PERCENT OF THE SALE PRICE OR THE NET PROCEEDS EARNED
FROM THE SALE OF COLORADO REAL PROPERTY. ALTHOUGH THIS LAW
APPLIES TO NON-RESIDENT SELLERS, SELLER MAY SATISFY AN
EXCEPTION TO THIS WITHHOLDING REQUIREMENT.
EXHIBIT E
REPRESENTATION REGARDING FOREIGN OWNERSHIP
(A) SELLER REPRESENTS THAT PART OR ALL OF THE
PROPERTY IS-OWNED BY A FOREIGN INTEREST, WITHERTERSONAL,
CORPORATE, OR OTHERWISE. SELLER AGREES TO SIGH A COPY OF AN
AFFIDAVIT AS PART .OF THE CLOSING PAPERS TO VERIFY THESE FACTS
FOR THE INTERNAL REVENUE SERVICE.
(B) SELLER REPRESENTS THAT NO PART OF THE PROPERTY IS
OWNED BY A FOREIGN INTEREST, WITHER PERSONAL; CORPORATE, OR
OTHERWISE. SELLERAGREES TO SIGH.A COPY OF AN AFFIDAVIT AS PART
OF THE CLOSING PAPERS TO VERIFY THESE FACTS FOR THE INTERNAL
REVENUE SERVICE.
The printed portions of this form approved by the THIS DISCLOSURE SHOULD BE.
Colorado Beal Estate. Commission. (LC18-9-95) I COMPLETED BY THE SELLER.
SELLER'S PROPERTY DISCLOSURE
Date:
Seller states that the information contained in this Disclosure is correct to the best of Seller's CURRENT ACTUAL KNOWLEDGE as of the above
date. Broker may deliver a copy of this Disclosure to prospective buyers.
PROPERTY ADDRESS
1. THE FOLLOWING ARE IN THE CONDITIONS INDICATED: 2. ROOF:
a. APPLIANCES
NONE NOT
CLUDED
NOT
WORKING
WORKING
DO NOT
KNOW
Built-in Vacuum System
Clotha Dryer" .
Clothes Washer
Dishwasher
Disposal
Freezer
Gas Grill
Hood
Microwave Oven
Oven
Range:
Refrigerator
Room Air Conditioner
T.V. Antenna/Dish
Trash Compactor
b. ELECTRICAL SYSTEM
Air Purifier
Burglar Alarm
Ceiling Fan
Garage Door Opener/Control(s)
Inside Telephone Wiring
and Blocks/Jacks
Intercom .
Light Fixtures
Sauna
Smoke/Fire Alarm
Switches & Outlets
Telephone Instruments
Vent Fan
220 Volt Service
c. HEATING AND COOLING SYSTEM
Attic Fan
Central Air Conditioning
Evaporative Cooler
Fueplace/Wood
FireplaoelGas
Fireplace/Insert
Furoace/Heat-Electric
Furnace/Hest-Gas
Humidifier
Propane Tank
Solar House-Heating
Woodburning Stove
d. WATER SYSTEMS
Cistern
Hot Tub
Plumbing
Pool
SeptidLeaching Field
Sump Pump
Underground Sprinkler
Water Heater/Electric
Water Heater/Gas
Water Heater/Solar
Water Purifier
Water Softener
well
. Well Permit #
Age (if known): Years
YES
NO
DO NOT
KNOW
a: Does the roof leak?
b. Is there present damage to the roof!
_
C Is the roof under warranty?
d. Is the warranty transferable?
e. Expiration date of warranty:
3. ENERGY EFFICIENCY:
Has the Property bad an Energy Rated
Homes of Colorado (ERHC) Certificate?
If yes, when was the Property rated?
If yes, what was the rating. 1 2 3 4 5
4. HAZARDOUS CONDITIONS:
Are there any hazardous conditions on the Property such as.
Methane SO.
Lead-based paint?
Radon gas in house or well?
Radioactive material?
Landfill?
Mineshaft or tunnel?
Expansive soil?
Toxic materials?
Urea-formaldehyde foam insulation?
Asbestos insulation?
If yes to any of the above, explain under additional comments.
The EPA encourages all buyers to test the Property for radon.
5. OTHER DISCLOSURES:
a. Are the improvements connected to public
water system?
sewer system?
private/community water "system? .
private%mmuiaity sewer system?
b. Do improvements have aluminum wiring?
c. Are any trees or shrug diseased or dead?
d. Are there any encroachments?
e. Are there any-
zoning-violations?
building code violations?
restrictive covenant violations?
f. Is the present use a non-conforming use?
g. Have you received any notices of any adverse
conditions about the property from any gov-
ernmental or quasi-governmental agency?
h. Are there any structural problems with
the improvements?
i. Have any substantial addmons or altera-
lions been made to the. Property without
a required building permit? '
j. Are there moisture and/ormater
problems in basement or crawl space?
L Is there any damage due to wind, fire,
flood, termites or rodents?
1. Have you kept pets in the Property?
m. When was 5reph oetwood stove,
chimney/flue last cleaned? Date:
6. ADDITIONAL COMMENTS AND/OR EXPLANATIONS: (Use additional
pages if necessary)
The information contained in this Disclosure has been. furnished by the
Seller, who certifies to the truth thereof based on, the Seller's current actual Buyer hereby receipts for a copy of this Disclosure.
knowledge. Any important changes will be disclosed by Seller to buyer
prior to closing. Seller hereby receipts for a copy of this Disclosure.
sd kr
Date
Buyer
Date
Steer
Date
Buyer
Date
Seller and Buyer understand that (Brokees Fam Name)
in no way warrants or guarantees the above information on the Property. Property inspection reports and/or home protection plans may be purchased.
This form is not intended as a substitute for an inspection of the Property.
No.. LC18-9-95. SEES PROPERTY DISCLOSURE Bradford Publishing, 1743 Wazee St., Derver, CO 80202 - (303) 292-2500 -10-98
HEARTol'the VALLEY
A N
V 0 N
C O L O R A D O j
VIA FEDERAL EXPRESS # 815923267245
02/23/00
John H. Laeri, Jr.
i Meadowcraft
119 Riverside Ave.
' Westport Conn. 06880
Dear Jack:
Yesterday the Avon Town Council approved a contractual.offer to purchase your 11
E units at Sherwood Meadows for $2,000,000. I have prepared a contractto accomplish that.
Two copies of the contract are enclosed. Please execute both .originals, return one to me,.
and keep one of the originals for yourself.
1
Thank you for your. attention to this matter.
Sincerely yours,
144
Burt Levin'
Town Attorney
970-7484087
CC: Bill Elting
Larry Brooks.
Post Offlce Box 975
400 Benchmark Road
Avon, Colorado 81620
970-748-4000
970-949-9139 Fax
970-845-7708 77Y
i
The pointed wrdws of this fmm approved by the
• Colorado Rest Estate Commission W" 80.251)
/ EARNEST MONEY
U.S. $ Oc10 ftMissM NOW
✓on/ . > OL P/` 1.?JP Date 20
{Sty stare
FOR VALUE REeEIVEn, / 0W ~V O F k ✓PW
Nan*s) of Mam(a)
0 o x y7 Ayv-i 16
names , jointly and
J~~~i~ u• Lael J/•
severally, promise to pay to the order of
the sum of Gnu✓f y„fy~ Dollars,
with interest at percent pu annumi t m u t~ i C QXQ ✓ Tl O L O✓I firK d t until paide
119 r&jx Both principal and interest are payable in, US. dollars on or before ci XT PI eXC p► C -i &f
payable at
~~~f'I' ~'6✓ItiQ/rG~rvL ~lQ/i~4 ~ T ~'HC _ Gs. ~ ri s~t.~~ ~ ~ LG S G'S~~v crJP.~e f,
or at such other address as note bolder may, designate. Presentment, notice of dishonor, and protest are hereby waived. If this note is not paid when due,
Uwe agree to pay all reasonable costs of collection, including attorney's fees.
This note is von as earnest money for the contract on the following property:
k sod I-( No ~trnf 64"n..,' !~✓~y~ c9 C 2 v
No. EMP80-2-81. EARNEST MONEY PROMISSORY NOTE
Bmdfwd Publishing,.1743 Wazee St, Deno; CO 80202 - (303) 292-2300 -10-%
•
MEMORANDUM
TO: Hon. Mayor and Town Council
FROM: Burt Levin
CC: Bill Efting; Larry Brooks
RE: Resolution Authorizing Sherwood Meadows Contract
DATE: 02/11/.00
The. attached resolution authorizes the Mayor to execute a, contract between the town
and John Laeri, owner of l l condominium units in the Sherwood Meadows Condos. The
price for all 11 units is $2,000,000, and will be paid by the town only if bond financing
(referred to as "certificates of participation") is obtained. The contract contains standard
language allowing the town to cancel the contract if the appraised value of the 11 units turns
out to be less than the contract price.
If and when the seller accepts this contract,, we will proceed to give bond counsel and
the financial underwriter a green light to start their work. (Their fees will be paid out of the
bond issuance.)