02-11-2020 Sherwood Meadows 1A Lease Agreement - Michael KeenanSherwood Meadows lA Lease Agreement
THIS LEASE AGREEMENT ("Lease") made and entered into on February 11, 2020, by
and between the Town of Avon, a Colorado home rule municipal corporation, ("Landlord") and
Michael J. Keenan, ("Tenant").
WITNESSETH:
1. PREMISES. In consideration for payment of the rent and the performance of the promises by
Tenant set forth below, the Landlord leases to Tenant the following described residence, with
all the appurtenances: a residence at Sherwood Meadows Unit 1-A, 371 Nottingham Road,
Avon, Colorado ("Premises").
2. RENT. Initially, the monthly rent will be ONE THOUSAND SIX HUNDRED DOLLARS
($1600.00), plus an additional SEVENTY-FIVE DOLLARS ($75.00) per month for ownership
of (three) 3 pets, for a total monthly rent of ONE THOUSAND SIX HUNDRED SEVENTY
FIVE DOLLARS ($1675.00) ("Rent"). The total annual Rent for the term hereof is the sum
of TWENTY THOUSAND ONE HUNDRED DOLLARS ($20,100.00) payable in 26 equal
installments of SEVEN HUNDRED SEVENTY-THREE DOLLARS and 08 CENTS
($773.07), deducted from the employee's payroll each pay period throughout the Term.
3. TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described
Premises together with any and all appurtenances thereto, for a term of one (1) year ("Term"),
such Term beginning at noon on February 14, 2020, and ending at noon on February 13, 2021.
Tenant may terminate this Lease by providing at least forty-five (45) days prior written notice
to Town.
4. OPTION TO RENEW. Provided this Lease is in full force and effect and Tenant is not in
default under any of the other terms and conditions of this Lease at the time of notification or
commencement, Tenant shall have two (2) options to renew (the "Renewal Options") this
Lease for a term of one (1) year (the "Renewal Term") on the same terms and conditions set
forth in this Lease. Tenant shall provide Landlord notification in writing of its intent to
exercise a Renewal Option sixty (60) days prior to the expiration of the Term or Renewal Term,
as applicable. Notwithstanding the foregoing, at the commencement of each Renewal Term
the Rent shall be increased as follows:
First Renewal Term: $1,648.00, plus $75.00 pet deposit, if applicable
Second Renewal Term: $1,697.44, plus $75.00 pet deposit, if applicable
5. RE-APPLICATION. In the event Tenant exercises the Renewal Options, Tenant shall not
have any right of any kind to extend the term of the Lease beyond February 3, 2023. Tenant
may reapply to be selected by Landlord as the new tenant of the Premises pursuant to a
selection process employed by Landlord in its sole discretion. Nothing herein guarantees
Tenant shall be selected as the new tenant.
6. DAMAGE DEPOSIT. No damage deposit is required.
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7. USE OF PREMISES. The Premises shall be used and occupied by Tenant for use by Tenant
and any number of persons related to Tenant by blood, marriage, adoption, guardianship or
other duly authorized custodial relationship. Tenant shall not allow additional persons to use
or occupy the Premises without first obtaining Landlord's written consent to such use, provided
that this paragraph shall not restrict the customary and accessory use of Premises by guests of
the Tenant. Tenant shall comply with any and all laws, ordinances, rules and orders of any
and all governmental or quasi -governmental authorities affecting the cleanliness, use,
occupancy and preservation of the Premises.
8. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has
examined the Premises, and that the Premises is at the time of this Lease in good order, repair,
and in a safe, clean and tenantable condition.
9. ASSIGNMENT AND SUB -LETTING. Tenant shall not assign this Lease or sub -let or grant
any license to use the Premises or any part thereof without the prior written consent of
Landlord. A consent by Landlord to one such assignment, sub -letting or license shall not be
deemed to be a consent to any subsequent assignment, sub -letting or license. An assignment,
sub -letting or license without the prior written consent of Landlord or an assignment or sub-
letting by operation of law shall be absolutely null and void and shall, at Landlord's option,
terminate this Lease.
10. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the
buildings or improvements on the Premises or construct any building or make any other
improvements on the Premises without the prior written consent of Landlord. Any and all
alterations, changes, and/or improvements built, constructed or placed on the Premises by
Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant,
be and become the property of Landlord and remain on the Premises at the expiration or earlier
termination of this Lease.
11. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of
the Premises to Tenant upon the commencement of the Lease Term, through no fault of
Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein
provided shall abate until possession is given. Landlord or its agents shall have thirty (30)
days in which to give possession, and if possession is tendered within such time, Tenant agrees
to accept the demised Premises and pay the rental herein provided from that date. In the event
possession cannot be delivered within such time, through no fault of Landlord or its agents,
then this Lease and all rights hereunder shall terminate.
12. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a
dangerous, flammable or explosive character that might unreasonably increase the danger of
fire or explosion on the Premises or that might be considered hazardous or extra hazardous by
any responsible insurance company.
13. UTILITIES. Tenant is responsible for arranging for and paying for all utility services required
on Premises. Tenant will contact any and all utility providers to arrange for transfer service to
Tenant's name within one (1) week of the commencement of the Lease Term. Landlord shall
pay the homeowners association dues.
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14. MAINTENANCE AND REPAIR; RULES. Landlord will, at its sole expense, maintain and
repair the Premises and appurtenances in good and sanitary condition during the Term of this
Lease and any renewal thereof. This paragraph shall not apply to damage or excessive wear
and tear which is caused by negligent acts of Tenant. The Tenant shall contact the Town of
Avon Human Resources department with any notices, concerns or requests related to the
Landlord's obligations under this paragraph.
15. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly
uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of
Tenant, this Lease shall terminate from such time except for the purpose of enforcing rights
that may have then accrued hereunder. The rental provided for herein shall then be accounted
for by and between Landlord and Tenant up to the time of such injury or destruction of the
Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected
beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the
Landlord shall have the option of either repairing such injured or damaged portion or
terminating this Lease. In the event that Landlord exercises its right to repair such
uninhabitable portion, the rent shall abate in the proportion that the injured parts bears to the
whole Premises, and such part so injured shall be restored by Landlord as speedily as
practicable, after which the full rent shall recommence and the Lease continue according to its
terms.
16. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all
reasonable times during the Term of this Lease and any renewal thereof to enter the Premises
for the purpose of inspecting the Premises and all buildings and improvements thereon and for
the purposes of making any repairs, additions or alterations as may be deemed appropriate by
Landlord for the preservation of the Premises or the building. Landlord and its agents shall
further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or
"vacancy" signs on the Premises at any time within forty-five (45) days before the expiration
of this Lease. The right of entry shall likewise exist for the purpose of removing placards,
signs, fixtures, alterations or additions, which do not conform to this Lease or to any
restrictions, rules or regulations affecting the Premises.
17. SUBORDINATION OF LEASE. This Lease and Tenant's interest hereunder are and shall
be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or
hereafter placed on the Premises by Landlord, all advances made under any such mortgages,
liens or encumbrances (including, but not limited to, future advances), the interest payable on
such mortgages, liens or encumbrances and any and all renewals, extensions or modifications
of such mortgages, liens or encumbrances.
18. TENANT'S HOLD OVER. Tenant has no right to retain possession of the Premises or any
part thereof beyond the expiration of the Term or Renewal Term, as applicable, or earlier
termination of this Lease. If Tenant holds over with the consent of Landlord: (a) the Rent
payable shall be increased to TWO THOUSAND DOLLARS ($2,000.00); (b) Tenant's right
to possession shall terminate on 15 days' notice from Landlord; and (c) all other terms and
conditions of this Lease shall continue to apply. Nothing contained herein shall be construed
as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend, and
hold Landlord harmless from and against any and all claims, demands, actions, losses,
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damages, obligations, costs, and expenses, including, without limitation, attorneys' fees
incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises on
the expiration or earlier termination of this Lease in accordance with the provisions of this
Lease.
19. SURRENDER OF PREMISES. Upon the expiration of the Term hereof, or any applicable
Renewal Term, Tenant shall surrender the Premises in as good a state and condition as it was
at the commencement of this Lease, except reasonable wear and damages by the elements to
the Premises.
20. PETS. Tenant shall be entitled to keep domestic pets on the Premises at an additional fee of
TWENTY-FIVE DOLLARS per month per pet.
21. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being
payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and
Tenant's observance of all rules and regulations, shall and may peacefully and quietly have,
hold and enjoy said Premises for the Term hereof.
22. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the
Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the
Premises or the building of which the Premises are a part or to goods or equipment, or in the
structure or equipment of the structure of which the Premises are a part, and Tenant hereby
agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions
of every kind and nature.
23. DEFAULT. If Tenant fails to comply with any of the material provisions of this Lease, other
than the covenant to pay rent, or of any present rules and regulations or any that may be
hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on
Tenant by statute, then Landlord may terminate this Lease no sooner than seven (7) days after
delivery of written notice by Landlord specifying the non-compliance and indicating the
intention of Landlord to terminate the Lease by reason thereof. If Tenant fails to pay rent when
due and the default continues for seven (7) days thereafter, then Landlord may, at Landlord's
option, declare the entire balance of rent payable hereunder to be immediately due and payable;
may exercise any and all rights and remedies available to Landlord at law or in equity; may
immediately terminate this Lease, provided that all terms concerning amounts due to Landlord
and Landlord's rights to recover such amounts and costs of collection shall survive such
termination; and, may seek to relet the Premises to a new tenant provided that Tenant's rent
payment obligations to Landlord may be reduced if the Premises is relet in the same manner
as described in Paragraph 23. ABANDONMENT below.
24. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is
not made on the 5th day of the month when due (in the case of hold over), Tenant shall pay to
Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the
amount of TWENTY-FIVE DOLLARS ($25.00).
25. ABANDONMENT. If at any time during the Term of this Lease Tenant abandons the
Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the
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Premises in the manner provided by law, and without becoming liable to Tenant for damages
or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for
Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole
or any part of the then unexpired Term, and may receive and collect all rent payable by virtue
of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the
rent that would have been payable under this Lease during the balance of the unexpired Term,
if this Lease had continued in force, and the net rent for such period realized by Landlord by
means of such reletting. If Landlord's right of reentry is exercised following abandonment of
the Premises by Tenant, then Landlord shall consider any personal property belonging to
Tenant and left on the Premises to also have been abandoned, in which case Landlord may
dispose of all such personal property in any manner Landlord shall deem proper and Landlord
is hereby relieved of all liability for doing so.
26. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to
enforce any of the conditions or covenants hereof, including the collection of rentals or gaining
possession of the Premises, Tenant agrees to pay all expenses so incurred, including
reasonable attorneys' fees.
27. RECORDING OF LEASE. Tenant shall not record this Lease on the Public Records of any
public office. In the event that Tenant shall record this Lease, this Lease shall, at Landlord's
option, terminate immediately and Landlord shall be entitled to all rights and remedies that it
has at law or in equity.
28. GOVERNING LAW. This Lease shall be governed, construed and interpreted by, through
and under the Laws of the State of Colorado.
29. SEVERABILITY. If any provision of this Lease or the application thereof shall, for any
reason and to any extent, be invalid or unenforceable, neither the remainder of this Lease nor
the application of the provision to other persons, entities or circumstances shall be affected
thereby, but instead shall be enforced to the maximum extent permitted by law.
30. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be
binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties
hereto.
31. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of
reference only and they are not intended to have any effect whatsoever in determining the
rights or obligations of the Landlord or Tenant.
32. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender
or both, singular and plural.
33. NON -WAIVER. No indulgence, waiver, election or non -election by Landlord under this
Lease shall affect Tenant's duties and liabilities hereunder.
34. MODIFICATION. The parties hereby agree that this document contains the entire agreement
between the parties and this Lease shall not be modified, changed, altered or amended in any
way except through a written amendment signed by all of the parties hereto.
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35. EMPLOYMENT BY TOWN. Tenant must remain in good standing for performance with
the Town pursuant to the Town's human resources policies. If the Tenant, for any reason, is
no longer employed by Landlord then this Lease will terminate in sixty (60) days of non -
employment by Tenant with Town and Tenant shall vacate the Premises within sixty (60) days.
Town may deduct amounts due to the Town under this Lease from Tenant's payroll payments
from Town upon resignation, discontinuance or termination of Tenant's employment with
Town.
36. DEDUCTION FROM PAYROLL. Town may deduct from Town's payroll payments to
Tenant the following items: (1) regular rent as indicated in paragraph XX, (2) costs for repair
of any damage to the Premises caused by Tenant or Tenant's invitees; (3) any and all costs
incurred by Town related to collection and enforcement of Lease upon default by Tenant.
37. NOTICE. Any notice required or permitted under this Lease or under state law shall be
deemed sufficiently given or served if sent by United States certified mail, return receipt
requested, addressed as follows:
If to Landlord:
Town of Avon
P.O. Box 975
One Lake Street
Avon, CO 81620
If to Tenant:
MICHAEL J. KEENAN
371 Nottingham Road
Unit 1-A
Avon, CO 81620
Landlord and Tenant shall each have the right from time to time to change the notice address
under this paragraph by providing written notice of such change to the other party.
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LEASE READ, UNDERSTOOD, AGREED AND EXECUTED:
TOWN OFA N as LANDL D:
By:
Eric Heil, n Manager
Attest: Date: i
Bre da Torres, Town Clerk
TENANT:
By: Date: l
Michael J. Keenan
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