HomeMy WebLinkAboutbocc.con.020.2001 STAFF AUTHORTZED- -
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SIGNATURE
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THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL COUNSEL BEFORE SIGNING
II 'I
: BUSINESS LEASE I;
II This lease,dated DEC. 31 , 2000-JAN. 112002,; he1,veenPitkin County (Tenant ) j
Mr Timothy G, Beckley # 3 Courtlandt St . New Brunswick_jN, ndlord. 08901
and as
Pitkin County Translator Department Administrator and/or Tenant.
- T—— - •---...-- -----
Assignee , REP : : Terri Newland
In consideration of the payment of the rent and the performance of the covenants and afrt erne nrs L•c th.;lcoant.set forth herein,
it
the Landlord does hereby lease to the Tenapt the following described premises situate n 1130 Co n td, 1 14 `
Guest House/Garage/other 2nd dwelling. � � �"y" r6b3 )
�i
County,in the State or Colorado:the address of which is Bit t'i d i n -#2-n f 1 R 3 n r, —ram._R p g,q 1 1 A ;1
Fs 4J -ir i I
Glenwood Springs ,Colorado 81603 (Garfield CorunvVcnty
Guest House/Garage Building #2 Dwelling Only . 1
— i
Irre Di.ntprian I
Said premisas,with all the appurtenances,arc leased to the Tcnant from the Gate of Jan. 1 , 2 0 01-2 00 2
Dec . 31 , 2002 10 , 704.00 Yearly( Fillst Yea4
until the date of at and for a rental for the fu11 term or 5___--.. k
payable in monthly installments of Once a year as agreed in Jan ,- of each year.
With 4 0/0 Increase on new lease agreement . i.
i
Payment due once a yeat , (Jan of 2001 )
(Late Date: :Jan31 , 2001 ) Term is Year to year )
in advance,on the day of each calendar et 11 during die term of this Icase.payable at Mr Timothy G, Be ekl y
3 Courtlandt St . Apt : : IA New Brunswick, N.J . 08901
willhout notice.
I P.O. Box 753 New Brunswick,"d4"J . 08903 II
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS FOLLOWS: 1
1. The Tenant shall pay the reni for the premises above-0escribed. !
2. The Tenant shall.at the expiration of this lcaw,surrender the premises in as good a condition as when the Tenant entered the premises,
ordinary wear and tear excepted.The Tcnant shall keep all sidewalks no and around the premises free and Near of ice and snow;keep the entire
exterior premises free from al.' litter,dirt,debris and obstructions;and keep the D(CmiSCS in a clean and sanim-y condition as required by the
ordinances of the city and county in which the property is situate.
3, The Tenant shall trot suhlet any part of the premises.nor assign the lease,or any interest therrin. without the written consent of the
Landlord. Office , /or as agreed to , and zoning of
G a�f��°1 8Mff O pnem
� ises only as.
and:hall not use the nrcruism for any purposes prohibited by the
laws of the United States or the State of Colorado,ur of the ordinances of the city or town in which said premises are located,and shall neither
permh nor suffer any disorderly conduct.noise or nuisance having a tendency to annoy or disturb an% persons occupying adjacent premises.
S. The Tenn!shall IlClther hold,nor attempt to buld.the Landlord,its agents.contractors and employees,liable for any injury,damage. I
claims or loss to person or property occasioned by any accident,condition or casualty to,upon,or about the premises including,but not limited 1
to,defective wiring,the breaking or stopping of the plumbing or sewage upon the premises,unless such accident,condition or casualty is directly
caused by intentional or reckless acts or omission of the Landlord. Notwithstanding any dues the Landlord may have hereunder to repair or 1
maintain the premises,in the event that the improvements upon the premises art damaged by the ncgl;gent,reckless or intentional act or omission
` of the Tenant or any employees,agents,invitees,liccosecs or contractors,the Tenant shall bear the full cost of such repair or replacement.The
`�✓ ITenant shall hold Landlord Landlord's agents and their respective successors and assigns,L•armlcss and indemnified from all injury,loss,claims „
or damage to any person or property while on the demised premises or any other pan of Landlord's prorcrty.or arising in any way tout of Tenant's i
busine=which is occasioned by an act or omission or Tenant, its employees, agcn�s, im it"s, 5ccnsees or cuut.actoa.The Landlord is not
responsible for any damage or destruction to the Tenant's personal property.
b. The Tenant shall neither permit nor suffer said premises, or the walls of ikon thereon, to be endangered by o..rioading nor said
prises to be rood for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make any
alterations In or changra in,upon,or about said premises without first obtaining the written consent of the Landlord
7. The Tenant shall obtain and keep in full force,at Tenant's expense,firs and Lability insurance as may be reasonably required by the i I
Landlord Tenant shall provide copies of such instance poll•tes upon the Landlord's request, i 8. The Tenant sball permit the iandlord to place a"For Rcnt'sign upon ibc leased premises at any time after SLtty m)days before the
end of this trans..
9. The Tbasm.shall allow the Landlord to enter upon the pren.6 s at coy reasonable hour.
1T IS EXPRESSLY UNDERSTOOD AND AGREED RF.TWEEN 1-&ND1.ORD AND TENANT AS FOLLOWS: I
LANDLORD) !
10. The Tenant shall be responsible tg for paying the following-. flectric :XGus D Water L Sewer N Fhon: 0 Refuse Disposal �
❑lanitorlalServices Mother novel 1 i ng Trite rAar & Exterior . (Changes to be cleared
The ❑Landlord M'hnant agrees to keep ail the improvements upon the premises, includiug but not limited to,structural Components, ,
interior and exterior walls,floors,ceiling roofs,sewer wnnectlons,plumbing,wiring and lass in Food maimenanee and repair at their expense. j
In the event the Landlord is responsible far repair of the premises,the Tcnant shall be obliged to nud f:the landlord of any condition upon the
premises requiring repair and the Landlord shall be provided a reasonable time to gowinplish said rcpau.
11, No assent,express or implied,to any breach or default of any one or more of the agreements hereof shall be deemed or taken to be a
waiver of any succeeding or other breach or default.
12, If,after the expiration of this lease,the Tenant shall remain in possession of the premises and continue to pay rent without a written
agmanent as to such possestioa then such tenancy shall be regarded as a month-to-month tenancy, at a monthly rental, payable in advance,
equivalent to the last mooth's rent paid under this lease,sad subject to all the terms and conditions of this lease.
.13. irthe premiss are left vacant and any part of the rem rescrmi hereunder 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 changes and repairs as may be required,giving credit ror the amount of ret so received less all expenses of i
such changes and repairs•and the Tenant shall be liable for the balance of the rent herein reserved until the expiration ofthe term of this lease,
,tom,
14. The Landlord acknowledges receipt of a deposit in the amount ors O D o 1 1 a r G—to be held by the Landlord for the faithful
�! performance of all of the terms,conditions and convenants of this lease.'mt:Landlord may apply the deposit to cure any default under the terms
of this lease and shall account to the Tenant for the balance.The Tenant may I)b1 apply the deposit hereunder to the payment of the rent reserved
hereunder or the performance of other obligations.
15. If the Tenant shall be in arrears in payment of any installment of rent,or any portion thereof,or in default of any other covenants or
agreements set forth in this lease,and the default remains uncorrected for a period of three(3)days alter the Landlord has given written notice
thereof pursuant to applicable law,then the Landlord may,at the Landlord's option,undertake any of the following remedies without limitation:
(a)declare the term of the lease ended;(b) terminate the Tenant's right to possession of the premises and reenter and repossess the premises
pursuant to applicable provisions of the Colorado Forcible Entry and Detainer Stalutc:(c)recover all present and future damages,costs and other
relief to which the Landlord is entitled;(d)pursue breach of contract remedies;and/or(c)pursue any and all available remedies in law or equity.
In the event possession is terminated by a reason of default prior to expiration of the term,the Tenant shall be responsible for the rent occurring
for the remainder of the term,subject to the Landlord's duty to mitigate such damages. Pursuant to applicable law 113-40-104(d.5), (e.5)and
13-40-107.5,C.R.S.)which is incorporated by this reference,in the event repeated or substantial dcfauli(s)under the lease occur,the Landlord
may terminate the Tenant's possession upon a written Notice to Quit,without a right to cure. Upon such termination,the Landlord shall have
available any and all of the above-listed remedies.
16. If the property or the premises shall be destroyed in whole or in part by lire,the elements,or other casualty and if,in the sole opinion of
the Landlord,they cannot be repaired within ninety(90)days from said injury and the Landlord informs the Tenant of said decision;or if the
premises are damaged in any degree and the Landlord infomis the Tenant it does not desire to repair same and desires to terminate this lease;
then this lease shall terminate on the date of such injury.In the event of such termination,thc'lenant shall immediately surrender the possession
of the premises and all rights therein to the Landlord;shall be granted a license to enter the premises m reasonable times to remove the Tenant's
property;and shall not be liable for rent accruing subsequent to said event. The Landlord shall have the right to immediately enter and take
possession of the premises and shall not be liable for any loss,damage or injury to the property or person of the Tenant or occupancy of,in or
upon the premises.
If the landlord repairs the premises within ninety(90)days,this]case shall continue in full force and clrect and the Tenant shall not be required
to pay rent for any portion of said ninety(90)days during which the premises are wholly unfit for occupancy.
17. In the event any dispute arises concerning the terms of this lease or the nun-payment of any surns under this lease,and the matter is
turned over to an attorney, the party prevailing in such dispute shall be entitled, in addition to other damages or costs,to receive reasonable
attorneys'fees from the other party. A F W E J A N "ny
Ig. In the event any payment required hereunder is not made within ten(IN clays a cr a paymcl t uc, et r I t obnt of
1 p e r c e of the payment will be paid by the Tenant.
19. In the event of a condemnation or other taking by any governmental agency,all proceeds shall be paid to the Landlord hereunder,the
Tenant waiving all right to any such payments.
20, This lease is made with the express understanding and agreement that in the event the Tenant becomes insolvent, the Landlord may
declare this lease ended,and all rights of the Tenant hereunder shall terminate and cease.
�._. 21. The Tenant and the Landlord further agree:
Any question or problems please call : : 732-448-9529 BrynatKazar
Timothy G.Beckley -,:212-685-4080/732-247-7092
This lease shall be subordinate to all existing and future security interests on the premises.All notices shall be in writing and be personally
delivered or sent by first class mail,unless otherwise provided by law,to the respective parties. I r any term or provision of this lease shall be invalid
or unenforceable,the remainder of this(case shall not be affected thereby and shall be valid and enforceable to the full extent permitted by law.
This lease shall only be modified by amendment signed by both parties.This lease shall be binding on the parties,their personal representatives,
successors and assigns.When used herein,the singular shall include the plural.
Attest:
Date
Date
GUARANTEE
For value received,I guarantee the payment of the rent and the performance of the conven:uns and agreements by the Tenant in the within
lease.
Signature Dale
ASSIGNMENT AND ACCEPTANCE
For value received
assignor,
assigns all right,title and interest in and to the within lease to
assignee,the heirs,successors and assigns of the assignee,with the express understanding and agreement that the assignor shall remain liable for
the fuii payment of the rent reserved and the performance of all the covenants and agreements made in the(case by the Tenant.The assignor will
pay the rent and fully perform the covenants and agreements in case the assignee rails to do so.In consideration of this assignment,the assignee
assumes and agrees to make all the payments and perform all the covenants and agreements contained in the lease and agreed to by the Tenant.
Aastgnw Dale Assignee Date
CONSENT OF ASSIGNMENT
Consent to the assignment of the within lease to
is hereby given,on the express condition,however,that the assignor shall remain liable for the prompt payment of the rent and performance of the
covenants on the part of the Tenant as herein mentioned,and that no further assignment of said]case or sub4ctting of the premises,or any part
thereof,shall be made without further written agreement.
Signature Dale Signature Dale
LANDLORD'S ASSIGNMENT
In consideration of One Dollar,in hand paid,1 hereby assign to
my in within Ic n I
I z tvel4f,
Da1e....
u 7;2 _ f'IY,'!�r �,L. YI._. .:iC ]�_� _F�.1. _�1 i i .)i•.
Lease btstween Pitkin County Translator and T'irtrtohydg Ckly
Addendum C)ate; January 23, 2001
The follCwing Is hereby amended to the Agreement:
10. `i"e _an.'Ior<J agrc,es to keep ail the ✓reveme.
:nduq,;?8 bi.t i1Ot !Im,tJ�O ro, s'.r1,.'7ur-al ccm;:Onents, Rr@f ortandPexter,or
'wall"', floors. cvi'irlg, roots, sewer corinectiens: v!umbin,g, wir:rlg and 8renS5
in good rnalnter:anLg asld repair at thy;. Pkpense. In the. event ;7e
Lard orG is res�onsib;t? cr rap,ir of 'he pretrises the Tenant shalt be
ob;;ger to !^otiiy the 4and!ord of any Candltior? upon Tire Pr2rli5 "a requ!rip.repair hnc! the Langlor,; sr ili De prov;,eRd a epair. re�SQ^able ,'me Tr' accorttpriy r
t _ The Lanoiord agrees to ;x teak in •coi.
Ttle Tvant agrees to fix 2!1 nfertriGai wiring, neatin,g and N!ulTiuing that
,&as dlsmgntrC.,y or i UISC. d!r aYfr t}C -oJrsL- Of its tenanC,J.
F'N ..andiC,rc1 agref:5 !O allovv S11C sat,?! ,to cU'rr•-1 f-cu Of VVshFtvl OR Its
vemiSes.
Two Laridinod agrees to piioN, !ha $nowpyt to be parked On promize6 vlAc
naeaed
Aparoved 6y;
r
i,andlcr4 I /
Tenant
i .
L
9. The'itnarn shall a.
rr IS EXPRESSLY UNDERS,
10. The Tenant shall be reap
O Janitorial Services t:jMcr n
The ❑Landlord CC*Raant agrees
inlerior and cxtnnor walk,floors,crii4 VENDOR COPY
In the event the Landlord is responsible fa
P��!e4�ng rcPair and the Landlord shall be provro,.-_
11. No assent,mress or implied to any breach of default of any one Authorized Sionatur waiver of any succeeding or ot}res breach or default. a(over S t
12. It,after the expiration of this lease.the Tenant shall remain in possession of the premises alto�,,..... noel
aerccn rat is to such pouesaiom then such tenancy shall be regtrded as a month-to-month tenancy, at a mordily remw, ,
equivalent to the Iasi momh's rent paid under this lease,and subject to all the terms and conditions of this lease,
13. If Iheprembm are Left vacant and any pan of the rent resermi bereunder is not paid,then the Landlord may,without being obligated to
do so,and without terminating this lease,rctakc possession of the said premises and rent the same for Such rent,and upon such conditions as the
Landlord may think best,making such changes and repairs as may be required,giving credit for the amount of wet so received less all expenses of
such changes and repairs,and the Tenant sball be lishle for the balance of the rent bercin res —. ed until the expiration of the term of this lease,
No,IOU.Ref.1-96. BUSINESS LEASE C01hrigM 19a3 IiwA,
Bradford Puhlithing.1743 walk SL Den%er,Ct)50202—30.241-2iCb—mwu+.Eridinrdpublisluns.unu—I-:OOt?
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