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bocc.ord.010.2013
; AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,ADOPTING AMENDMENTS TO THE ASPEN/PITKIN COUNTY AFFORDABLE HOUSING GUIDELINES Ordinance No.O/D -2013 RECITALS NOW, THEREFORE, BE IT ORDAINED, the Board of County Commissioners of Pitkin County, Colorado (hereinafter "Board") and the City of Aspen, pursuant to DI, C2 of the Fourth Amended and Restated Intergovernmental Agreement Housing Authority (hereinafter "Authority") the duty to develop and recommend changes to the Aspen/Pitkin County Employee Housing Guidelines(hereinafter"Guidelines"); and BE IT FURTHER ORDAINED BY THE BOARD, the Authority has developed such changes to the Guidelines and has referred and recommended them to the Board for approval; and BE IT FURTHER ORDAINED, the Board has reviewed the proposed changes to the Guidelines and has found that it is in the best interests of the community, its housing program in general, and its affordable resident housing programs, specifically, to approve and adopt these amended Guidelines; and BE IT FURTHER ORDAINED BY THE BOARD that it does hereby approve and adopt the addition to the Aspen/Pitkin County Affordable Housing Guidelines, Part III, Section 6, attached hereto. BE IT FURTHER ORDAINED BY THE BOARD, that by virtue of the adoption of this Ordinance, that the regulations and guidelines set forth and adopted herein shall supersede, to the extent inconsistent with the provisions of this Ordinance, all prior Ordinances of the Board; and BE IT FINALLY ORDAINED that the provision of resolutions pertaining to the affordable housing guidelines shall remain in full force and effect to the extent not inconsistent with the regulations and guidelines adopted herein. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING at the 8th day of May 2013. n NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the day of May 2013. APPROVED AFTER SECOND READING AND PUBLIC HEARING on the 22'" day of May 2013. Ordinance NODJ02013 Page 1 • PUBLISHED AFTER 'ADOPTION-IN THE-ASPEN TIMES on the ,30 A day of _ _" 2013. ` q )0 .7 A Ork -HA--e- FtrsciH LOOk YBO• '.POFCOUNTY OMMISSIONERS Al-e- s i 1-,e cm,- S- 36 - aO!3 I , B . *2r s Ai CA George Ne , an, C airman a.TTEST: J-. ette Jones,Deputy C I ty Clerk APPROVED AS TO FORM: MANAGER APPROVAL: John ou omey Jon PeP ck, ounty Manager Ordinance No.=2013 Page 2 2- • PART III SECTION 6 RENTAL POLICY FOR APPROVED RETIREES WHO OWN , DEED-RESTRICTED HOMES An owner of a deed-restricted home qualified for retirement consistent with the definition of retirement age as defined in the Guidelines, as well as have at least a four-year work history within Pitkin County immediately prior to retirement, may be absent from their home for up to three months per year without renting out the home. The owner may, however,request to rent their home for up to six months per year as long as the home is being rented to an APCHA qualified employee. To obtain the benefits of this leave from the APCHA program, the owner and prospective tenant must complete the following: 1. The owner must complete an APCHA leave of absence form(example is shown in Appendix "E"of these Guidelines). 2. The owner must notify the HOA of the rental and tenant arrangement at least 30 days in advance.The Leave of Absence form requires sign-off by the HOA. 3. The rate of the rental must be determined by the Guidelines, based on the deed restriction of • the unit and stated in the lease. All additional documented costs (all expenses must be documented) plus an additional $50, or what is stated in Table IV,Maximum Monthly Rent, of the Guidelines for the number of bedrooms being rented and the category, whichever is greater. (If the renter does not have access to the entire unit; i.e., has access to one bedroom in a three-bedroom unit, the rent to be charged will be a third of the amount that could be charged if access was to the entire three-bedroom unit.) 4. The owner has the right to choose the qualified tenant. 5. The owner must designate a responsible person or entity to act on the owners' behalf if they are not available while on the leave of absence, should that become necessary. 6. The owner must be current with their HOA dues; if the owner is not current, all rents shall be provided to the HOA until such time that the past dues are made current. 7. The owner must continue to utilize the home as their primary place of residence as evidenced by filing a Colorado Income Tax Return at that address. 8. The owner and tenant must complete and sign a lease agreement that provides rental amount, length of lease, any additional costs associated with the rental, etc. 9. The tenant•must meet the qualifications for a renter within the APCHA program (work 30 hours per week, and is not an owner of residential property within the ownership exclusion zone). 10. It is recommended that the tenant carry adequate renter's insurance covering the period of the lease. 11. The tenant must complete a rental application form provided by APCHA. This procedure must be followed for each lease period,up to the six-month maximum. If any of the above-conditions are not met, the owner will no longer be allowed the six-month rental right,the appreciation on the property will immediately stop until such time the owner is back in the unit, and/or the owner must sell the home based on the appreciated value at the time the rental began. Ordinance No.0/0-2013 Page 3 APPENDIX "E" LEAVE OF ABSENCE REQUEST Please complete this form and forward to your Homeowners'Association. Completed form must be returned to Aspen/Pitkin County Housing Authority(APCHA) at least 30 days prior to leaving. Name: Address: Mailing Address: Day Phone: Evening/Cell Phone: Request Dates from: To: Reason for Request: Commitment to return to the Aspen/Pitkin County area,please explain: The Aspen/Pitkin County Affordable Housing Guidelines ("Guidelines") allow for a Leave of Absence up to six months with the approval of your Homeowners' Association. The homeowner must be a qualified retiree as defined in the Guidelines and provide convincing evidence on a commitment to return to the home. Local Emergency Contact Information: Name(s): Day Phone: Evening/Cell Phone: Local Address: With an approved Leave of Absence owner may rent the unit to a qualified employee(s) for the amount of owner's monthly housing expenses: monthly mortgage principal and interest payment, association fees, utilities remaining in owner's name, taxes (if not part of mortgage payment) plus $50, or the allowable maximum rent listed in the Guidelines for the size and category of your home,whichever is greater. • . _ Please list MONTHLY home expenses: Mortgage Payment(s): Property taxes(if not included in mortgage payment): � Insurance(if not part of the HOA dues and/or included in mortgage payment): • $ Monthly Association Fees: � Monthly Average Ufihities(if not to be paid by Owner): � Additional Costs(describe below): � Plus $ 50.00 TOTAL $ Amount stated in Guidelines: $ . Please provide copies of bills to verify the above information and describe any additional costs below: I(We)hereby verify that all information provided is accurate and true: Signature of Owner Date Signature of Owner Date 4spen/Pidkin County Housing Authority,538E. Main,Suite 001, Aspen,COD1611 (970)92V^5058 Approved: YES NO Signature of Authorized Representative Date Comments: � � ] DRAFT OF REVISED RENTAL LEASE BASED ON ONE USED BY APCHA RENTAL LEASE FOR USE BY QUALIFIED RETIREES THIS AGREEMENT is made this day of , 2013,by and between ("OWNER" or "LANDLORD") and ("TENANT"). nid fR' In consideration of the payment of the rent and performance of the promises set forth below, the OWNER does hereby lease to the TENANT the followin_g'described Employee Housing in the City of Aspen, in the State of Colorado, described as. ' �illiij1 +Il 11lhil. hereinafter referred to as the "Premises" which employee unit 'is(iib be used only as a private residence for qualified employees of Pitkin Counfyi( id qualified members of their family),and for no other purpose whatsoever. 4+ 't "III at �: pus U. i IT IS MUTUALLY AGREED BY THE PARTIES IAS FOLLOWS: ! II1 ijha," 4111111197 l�lp 1.0 LEASE OF PREMISES. Ownerlhereby leases ttollye ant(s) City of Aspen, Pitkin Coun"'') Colbiado (the Premises") from to (not to exceed sixllmonths))Csubject tog{ terms and conditions of this Agreement, andl;fur[hei subject tolthe Exhrbit(s)iiattachedahereto and by this reference incorporated haiku i t�� {lr�t j�1 �) 'fl Na I S�i 2.0 EMPLOYMENTkr ,Tenants agrees that'the shall remain employed in Pitkin County in accordance with `the'tedns�jl`of�the cutient Aspen/Pitkin County Employee Housing ray r Ali,:, �9U I�If�'i vF :h, Gu defines'(the"Guid'elines')throug 'ti}e duration of this agreement, as a condition of this tuEk '% , vii a i�ease In the event it termination ott suchYljemployment Tenant immediately shall comply iiS with ifs {.• t, de with the Guidelines-or r{r{surrenderlhtifs/her right to use and occupancy of the employee unit. 2.1 VERIFICATION AND`b DOCUMENTATION FOR TENANT QUALIFICATION. Prior to`occupancy of the1Premises under this lease agreement and as requested by the ih ,� Owner dundglEthe tennlof�,this lease and at least once a year, Tenant agrees to furnish Aspen/Pitkin County Housing Authority("APCHA") a copy of Tenant's federal-income tax_- ...._--___ return for the currenttand prior year and any other documentation or verification necessary or deemed appropriate by APCHA to verify Tenant's income and employment for the purpose of qualifying Tenant for tenancy under the Guidelines. Any change in roommates or persons occupying the Premises requires a requalification under the Guidelines of all the persons occupying the lease Premises. Failure to requalify the entire household prior to occupancy by any new roommate or persons intended to occupy the Premises may result in the immediate termination of this lease agreement and cause a violation with said Owner. 3.0 RENT. The monthly rental for the Premises shall be the sum of commencing on and continuing until Example of Lease Page 1. Tenant shall deliver each monthly installment of payable to Owner at the address set forth in this Lease Agreement, or at such other place as Owner may, from time to time, designate in writing, on or before the first day of each calendar month. It is expressly agreed that the discharge of the rental obligation in monthly installments is for the convenience of Tenant only and Tenant is hereby obligated to pay the full rent set forth in this paragraph 3.0 notwithstanding the termination of this Lease Agreement for any reason whatsoever in advance of the expiration of the lease term. MI checks must be made r�R payable to said Owner and should be (';;mailed to the Owner at ( k fr•4�' i;t Note: Prorated rents, if applicable, will be`coinputedl,by dividing the monthly rent p . e ��. amount by the number of days in the appi;oprtate month`;a€nd multiplying the quotient by the number of days in the month Tenant is entitled to possession of the Premises.p %V.), Apt !jib Ut 1. 3.1 Monthly rental payments shall be due and ayable on ortbefore the fink day of each month of the lease term in the form o 'a personal ch4 c.a. of s check or maittorder(made out to the Owner). If Tenant inekes:,any payment!korthe Owner by a check which is later dishonored for any reason, thelOwneruiay, in addition to the other remedies available to it hereunder, require that future rental payienis be patdIil?y cashier's check or certified funds. Tenant agrees to pay Owner $25;for eachrttance tliat'ap=,check given to the Owner is dishonored in addiall:to a late payment charge }ff r43"n.Owr�e',Jieceives more than one bad rr a er in! vR �?s a check from Tenant durmgllus or hentenancy Ownertirts option, shall have the right to terminate this lease.} th 3.2 UTILITIES AND'Oa7;W4� HERh tADDITION ALn iCHARGES. All utilities shall be paid by the Terdhht All;1 OA dues`iand other specral assessments shall be paid by the Owner. Cable etand mtemet shall be paid by the Tenant I+s,I 4.0 DEFAULT AND LATE CHARGES Tenant shall be assessed a late charge of$50 if Tenant has " "d bes not paid reht;iliy the clo's`e of business on the Tenth (10 of the month. If the 10th falls'on1ta Saturday¢Sunday or holiday, rent will be considered late on the following business day? O�}�, er s failure to collect any late charges that have accrued shall not be deemed to be at Carver df`these charges and Owner shall be entitled to deduct all accrued and unpaid late cliaiges`out of Tenant's security deposit upon termination of this Lease. vs. ,y Late charges shall acorn as provided hereunder in any case where the full rent, or any portion thereof, due hereunder remains unpaid. Accordingly, partial payments of rent will not prevent the full late charge from being applied to the amounts due. 5.0 SECURITY DEPOSIT. Tenant on execution hereof,has paid to the Owner an amount not to exceed one month's additional rent as a damage/security deposit for the faithful performance of the terms,conditions and obligations hereof. Security deposits shall not be considered as pre-payment of any rent or for payment of Example of Lease Page 2 a last month's rent. This sum represents a security deposit as defined and described under the security deposit laws Of the State of Colorado and may be co-mingled by Owner with other funds to the extent allowed by law, and shall not be construed as being held in trust for Tenant. Proceeds from this deposit may be used to pay any amounts due to Landlord from Tenant by reason of Tenants'failure to perform any of the covenants or conditions contained herein. No interest shall be paid to Tenant on the security deposit. Upon the expiration or sooner termination hereof, Owner may apply this deposit toward unpaid rent, damages, cleaning, replacement, or other expenses or obligations of or chargeable to Tenant �rl Iin hereunder. This security deposit shall also be applied''to any unpaid miscellaneous fees that � I ',r , were due from the Tenant when incurred, mcludini late charges. In the event that cause exists for retaining any portion of the security'deposit, ttfirle'IOwner, not later than 60 days . after the expiration or sooner termination h�eof, shall provrhe-itthe Tenant with payment of the unused portion of this deposit and and accounting of deductions. Said sixty (60) day o@��l �t notice shall be deemed given upon depos n the mail,regular po ta�geipre-paid addressed to Tenant at the address set forth in this agreement.This sec rity.depositt4shW�ll not be construed as liquidated damages and shalllnot impair oryralptier remedies otherwisea�varlable to Owner hereunder, or at law or in equity �mcluding then {tb proceed against the Tenant for rent, Gain 1 ly4 Ie. damages or expenses not adecnotelyk{cco ered by e 'security deposit. .In the event Tenant unlawfully attempts to terminate�'this leaselor aban ons^the Premises, the Owner shall be entitled to retain the entire securityldeposit 'Ittfi [!t 4 �I I,ti ,thud I ..411,01, it li 'l} .'iidit ir, 4ilt 5.1 In the event*default and failure tokenrte asjdescrib'edllabove, or if Tenant abandons the Premises, or sho�rld Te a'��t$'Fbe evicted l'the Owner, in addition to any other remedies available to it, may re-enterffthe Premisesi thout any liability to Tenant therefore, and as IIron envi rcr, agentforrthe Tenan t'or otherwtsetire-]et theramises. 4 11:191171lliNtiI. .yl 1 r.,._-�,;111lHr ,Il i ' 'xl lilltlb lh l' 1 111 .;' 5.2 (011ie rights and4reinediesYYYYY,ofhOwner provided for herein are in addition to and not an exclusion of any othetaemedies'lavailable to Owner at law or in equity. jlilf�iifilb -*ilk , e di},. 6.0 NOTICE:OF INTENTTO TERMINATE AT END OF LEASE TERM. Owner cannot continue``tnent said premises after the lease has terminated. Tenant will be required to "ill:Ifill . dial vacate the premises as Owner is required to reside in Premises at least six months per year. Owner shall berentitledlto,retain Tenant's security deposit at the end of the lease term,plus nh,r� �int� recover from Teh'ent!�any damages or cleaning charges incurred by Owner after an inspection of the property has been conducted upon the return of said Owner. 7.0 PETS ON PREMISES. No Tenant shall be permitted to house any dogs or cats,unless the animal is trained and certified to assist a handicapped or disabled Tenant. Other animals or birds of any kind shall not be taken into or kept on the Premises without written consent of Owner which may be granted or withheld in Owner's sole discretion. Each Tenant shall be liable for the cost of repair of the damages resulting from or inflicted by an animal harbored or kept on the Premises, whether or not permission has been granted by Owner. At a minimum, this shall entail the professional cleaning of all the carpets upon the removal of Example of Lease Page 3 4 the pet or the termination of the lease, whichever first occurs. Denial or cancellation of approval may occur upon receipt of complaints from other Tenants, uncontrolled behavior or damages on or to the Premises or any part of the Premises or property upon which the Premises are situated. Tenants are responsible for the presence of any animals in violation of this rule (this includes all animals that may be present, whether owned by Tenant, a friend or relative of Tenant, or some other third party present on Tenant's premises), and will be assessed a fine of$50.00 for every violation of this rule. In addition,the presence of ,t any animals in violation of this rule is considered a viglahon of the lease and may result in the termination or non-renewal of lease. tl 7 ;'k 8.0 USE OF PREMISES. The Premises shall'b.e'used tbv Tenant for private dwelling residential purposes only and shall be o I Riled only by T lant and Tenant's immediate family, who are either minor children, oriti44 been qualified under the APCHA guidelines, consisting of the following persons: itlit I� tit n h, �; ,i 1 w. �I �IkI�.,. .�sU���lu Isi,". liq ,i�( a rribri U��! 8.1 Tenant shall have no more than aicom6rned total of �iilx, occupants at any one time. -ilk -ion,. n. Occupancy by any guest shall be limited to seven,( con's'ecutive days,or a total of fourteen nay 4fH�w alil� i-vu..,, v;"N!'Ah, (14)days duringthe terrwhereof unless the APCEi'AI'otherwrseoonsents in writing. rl •QH �I yt�I,ii �I I!��,1it.•,, il{ii or, df VilSH` It Ylu 8.2 Tenant must notify Owner in writingi4�f4persons that"will occupy the unit in Tenant's rr,I tt ' e II1l't absence for peridds,of one week or longer)jl'i ti e 111ltPo I'I ii ,l,lil1�l� l a i 1.Ii1JIi ... `Ilk,,, 8.3 TI lnant's+luse4!andFoccu�4ancy of ihetlPr�emisesr.(as well as the use and occupancy of the !Premises by all lo fenantrsiguests, family jagents or invitees) shall be subject to the rules and'liregulations set jforth inlExhibit 1 attached hereto and incorporated herein by this reference. Violation1iof;lthese rules shall be deemed a material default under this lease. nwnti 11"11111b Owner+ ay,by written notice to ant, alter or amend these rules, at which point the new rules shalligesleemed in iporated into this lease. .,1410.1„. 8.4 Tenant shall" ottuse nor d Ileimit the Premises,or any part of the Premises, to be used for any vlt,�'keml"' business purposes l(exlcept home office uses without any signs or client traffic) or unlawful purpose of any sort. 9.0 CONDITION OF PREMISES. Tenant accepts the Premises in their present condition and state of repair without any warranties or representations of any nature whatsoever by Owner. Tenant hereby acknowledges that Tenant has inspected the Premises, and fixtures and that the same are in good condition and suitable for the use intended. Tenant further acknowledges that there is no damage to the Premises, furniture or futures at the commencement of this lease other than as specifically set forth in writing, signed by the parties at the commencement of this lease initialed by Landlord and Tenant. Example of Lease Page 4 1g Tenant, at Tenant's own cost, agrees to maintain the Premises, together with all appurtenances thereto, all fixtures and appliances, in good order and repair during the term of this Lease, including interior walls, fixtures, windows, and appliances, and shall at the expiration or sooner termination hereof deliver the same to Owner in their present condition and state of repair, reasonable wear and tear excepted. Tenant shall be responsible for any damage to the Premises or any portion thereof, caused by the acts or omissions of Tenant or Tenant's family, agents or guests. In the event of such damage, Tenant shall deliver immediate notice thereof to Owner. Owner at its soletoption, may require Tenant to repair said damage at Tenant's own cost and expense, or���Owner may repair such damage and nt=t�tih charge the expense thereof to Tenant as additional'rdnt}hereunder. 10.0 ENTRY AND INSPECTION. Owner mayiati reasonable tmies and upon twenty-four(24) pit;-d,i(r d4 hours notice enter into the Premises fo ipyrposes of inspectiontaand repair. This right of inspection shall not be construed to createlaany obligation upon Otiyner for the maintenance of Premises. In the event actual noticets�mot obtained, notice, itr either case, shall be jipfl .1 fl' rssgph, deemed to be effective and reasonable twenty,four(24)hours after postingiwritten notice on the front door of the Premises .fi�1I;q!, •� �' „ IF 411 ,.�lrl'k` 1I t ` 11.0 ASSIGNMENT AND SUBLETITING4Teet shallgnot lease,sublease, assign, transfer, mortgage, pledge ortotherwise in9'any wa$1 ate, hyp I1teac�ate, encumber or suffer all or any part of the Prerurtses or this lease,without3thejpnor written consent of Owner which t ;*( n°�gwp' i6, I ,t ,'1 Fi `wl'ni�7� consent may4t0ithheldfor granted lin,Owner's sole; absolute and unqualified discretion. Tenant shall nopeceive v relatlfpr any of eniSayment of any kind or nature whatsoever from guests or other persons usingttSthe Premtsekiii us restriction shall apply to any transaction \. which gives,or is intended tolgive;aso et person or entity other than Tenant any right to use is Nt 1`U IS- iLiy ♦Nuys It =� 4t , oripossess the=Premiseslal.tf h�,]' � �l ll��shif3 'v I i�ll, 3 it 12.0 1 t` 'TERATIONS O Tenant shall not make any alterations, additions, improvements or repairsE to the Premises (other than4ordinary maintenance) without the prior written consent Nu t.n do of Owner.. Any alterations, additions or improvements, when made or attached to the Premises'sl belong to`J and become the property of Owner and shall be surrendered upon the expiratio , br sooner termination of this lease. Notwithstanding the foregoing, Owner may require Tenarit to remove all or any part of such alterations, additions or improvements and return the Premises to the condition existing at the commencement hereof; ordinary wear and tear excepted. Any alterations, improvement or repairs shall be made in a satisfactory and workmanlike manner. Tenant shall not permit any lien or other encumbrance to be filed against the Premises in connection therewith, and shall indemnify. Owner against such liens and encumbrances. 13.0 TENANT'S PROPERTY REMAINING ON PREMISES. In the event the term of this lease expires or is otherwise terminated, or the Premises are abandoned hereunder, and Owner enters into possession of the Premises and there is within the Premises furniture, furnishings, fixtures, or other personal property of the Tenant, Owner shall have the right Example of Lease Page 5 • and option without liability to Tenant: 1) to store such property in a warehouse or other storage space provided by Owner or others at the reasonable storage expense of Tenant; or 2) to cause such property to be sold at public or private sale with or without notice to Tenant, at which sale Owner may be purchaser, and to apply the proceeds of such sale first - to the reasonable incurred expenses of collection or sale and thereafter Si any indebtedness due by Tenant to Owner, with any excess over the amounts required for such purposes payable to Tenant, or(3)in the discretion of Owner should such property be deemed by it of small value,said property may be discarded or destroyed±i!I •14.0 STORAGE AREAS. Tenant acknowledges thlaai{ 1111110# thitti'ts rental of the Premises does not . 4 ' e' include any right to or possession of areas m the Premises for storage other than as are .r191111. a EPikE4 specifically assigned to the Premises. 10 errat hereby agrees that Owner shall not be responsible or liable for any theft,loss,idamage,or claim incurtedby Tenant to any property of Tenant's located in any storage areaR a use of any storage areabby Tenant shall be at Tenant's sole risk and Tenant hereby indehmifies and lholds Owner;harmless from and against any and all claims for such theft, lossh damageor claim incurted:by Tenant as a result of Tenant's use of anyjstorage area. AnyVite s''stored without the consent of Owner may be removed and disposedlofles;Owner sees fit1and without any obligation whatsoever vinla ;Owner rlsm3 to Tenant. In no event shall Tenant si!orejany flammable, toxic or hazardous materials in vent wa n=n=a. n any storage area provided to Tenant-y Landlord n Any such rstorage of flammable,toxic or hazardous materials.shal1ibe deemed to be a default under t is!Lease Agreement Itr �li PP�llllDl,�N! .�J u``i1N� 15.0 AUTOMOBII:ES. Tenantimay not at any dine use or occupy more than parking spaces at the Prenuses parking area without Landlord's consent, which consent may be u�elli withheld,w,the Landlordis,�sole�ihscrehon`� ��If Tenant desires additional parking for any veluc1ees�owped=by Tenant,P Tenant rnay, witlikandlord's consent, which consent may be ow thheld in Landlord s soletdiscrehon vpark in a space on available basis. No trailers are ia llo,w ed without p(Flew mssron`K$ m Landlord. Any automobiles of Tenant's overnight guests u ��� !i'aln, must be parked off the Pienuses im alegally-designated parking area. reitip 16.0 REIMBURSEMENT. '!lfgenant shall.fail to perform an obligation of this lease, Owner may, if Owne`r'rso elects,,'_`perform such obligations and charge the expense thereof to Tenant as additional rentihereunder. 17.0 SEVERABLE. If a y provision of this lease shall be declared invalid or unenforceable, the remainder of the lease shall continue in full force and effect. 18.0 ATTORNEYS' FEES. Tenant shall pay upon demand Owner's costs and expenses, including reasonable attorney's fees incurred in order to enforce any of the provisions of this lease or any action or proceeding instituted by reason of Tenant's default hereunder, irrespective of whether an act is commenced to enforce any provision of this lease: 19.0 QUIET ENJOYMENT. Subject to the terms of this lease,and the faithful performance of Example of Lease Page 6 • • /� Tenant's obligations hereunder, Tenant shall have quiet enjoyment of the Premises during the term hereof, provided however, that Landlord shall not be responsible for any disturbances caused to Tenant as a result of actions not directly attributable to Landlord. 20.0 JOINT AND SEVERABLE LIABILITY. In the event that more than one Tenant is obligated under the terms of this lease, each such Tenant shall be jointly and severably liable for the fulfillment of all of the obligations of this lease, including without limitation, aa:w the payment of rent and the payment of the Tenant's othenfinancial obligations hereunder. M 'ruil jfl • 21.0 CASUALTY: In case of fire or other casualty,,the TTenant shall give immediate notice to a1a is wm^i. Owner. If the leased Premises are not livablela�{a�result of�fue,the elements or by any other cause not resulting from Tenants' neglect, default, the obligation to pay rent shall cease aw until the demised Premises shall be substantially repaired, w}ierrpon the obligation to pay 7+^iat1 eta IV. rent shall resume to the same extent and at,the same rate as if the damage had not occurred. In no event,however, shall the provisionst"o�fjt s clause;become effective or be applicable if p�Ut I011 ll�'°Li. fire or other casualty or damage shall be the' esult ofcarelessness, negligence or improper licensees, invitees, subtenanf ,l,asism,, s or successors. In such case, the Tenant shall be €�agear alt°•.^, liable to the Owner for the daniagetand1loss suffered b'y the Owner, including all repairs and • rebuilding expenses. Owner shat not`burr#sponsible{folc+any loss or damage of Tenant's personal property and requires rentaltinsurance to be carriedjby the Tenant. Airtilitii ON, % i•,. 4 22.0 CONDEMNATION In ithe event that,,the�tPremises`are taken by an authority exercising the power of ereminent domain, this leaseist all terminate as of the date possession shall be taken by the colndemnor Tenant waiveslVaall claims against Owner or any condemning a�Inry ;I IIEI tF r,., authontyiby reason of e,complete.or partialt�taking of the Premises,or the remainder of the ,>fitt'sespnd UI'- I +fl1 . "+fills I1I Ih. Premises, ancl•shall no Abe entitled to�receive any part of any award that Owner may receive, liguri-t(hereby qurtclamanglall inter t.,merem tot Owner,unless otherwise prescribed by law.ut.141.11111., 23.0 EXPIRATION ANDiTERIVIINATION. If there shall be a default in the performance of the payment of rent or ,al��part thereof for more than three (3) days after written notice of such defatht;!from Landloidlor Landlord's agent to Tenant this lease and all rights of Tenant hereunder shalll terminate 41IrIf there shall be a delinquency by Tenant in the performance of `Hamr Stern,any other covenant agreement condition rule or regulation herein contained or hereafter �o re ,Uri established for inoretl3an three (3) days after written notice of such default from Landlord aw to Tenant, Landlord,or Landlord's agent, at any time thereafter may terminate this I Pose by providing a notice to quit to Tenant, which notice to quit shall be effective upon delivery to Tenant or upon posting on the front door of the Premises. In that case, this lease shall terminate and all rights of Tenant hereunder shall terminate. Prior to expiration or termination,• landlord may inspect the premises as provided in paragraph 10.0 above to determine compliance by tenant with the.temvs of this agreement, including but not limited to condition of premises. Example of Lease Page 7 /3 Upon termination of this Lease, pursuant to the preceding subparagraph or otherwise, Tenant shall peacefully surrender the leased Premises to Landlord, and Landlord may,upon or at any time after such termination, without further notice, re-enter the leased Premises and repossess it by force, summary proceedings, ejectment, or otherwise, and. may dispossess Tenant and remove Tenant and all other persons and property from the leased Premises. Tenant shall be responsible for any and all costs and attomey!s fees incurred by Landlord in enforcing the provisions contained in this paragraph. At any time after such null, temrination, Landlord may re-let the leased Premises qr any part thereof, in the name of the Landlord or otherwise for such term (which may be,'grelater or less than the period which would otherwise have constituted the balance of y ` I term of this Lease) and on such atilt°:d1• .II t u. ) conditions as Landlord, at his discretion, may dgterminei, anld may collect and receive the rents therefore. Landlord shall in no way�IbelI'eaponsible for on liable for any failure to re-let the leased Premises or any part thereof or�for any failure to llec/any rent due upon such re-letting. ,.��� ! I Nil N I, Ii iili . s �k�1 I ��i�31,• 23.1 ADDITIONAL REMEDY UPON DEFAULT. IftTenant shall be in default hereunder as above defined, Landlord may (af1its option, cure]`" ill efault on behalf of Tenant without the exercise of his rights as�contai.'ned in paragiaph;,23.0 of this Lease, in which event Tenant shall reimburse Landl,r� forl'1'all',sums paidl1to effect such curing, including X�55, 1 tirt'llil; 'Li' nonpayment of rent, together wifh;Interest is '''the rate ofill'8°``{/a per annum and reasonable attorneys'fees i�il��t�I collection ���iib t�;I�r�j���[`�loth is� e hi, ;litho 23.2 HOLDING OVER. Upon) the expiiatron or sooner'termination hereof, Tenant shall immediately andliwithout Lice from Owner surrender possession of the Premises to 4Rq"• n t, Ith1n 4w!b Owner i,;In the event;T t.Jdoes not so vacate the Premises,his holding over shall not be tnit•ia' .i i'4t Hi A'tt!I ',, tl i{IA. °II iU deeemedla+tenancy of any$rst d or nat ure1wh atsoever and Tenant shall be subject to eviction 4pr�viceedmgs wrthonfitrthe{rnotice. For purposes of such proceedings,Tenant shall pay the fail rental value ofithe PremiWei for the period of such holding over. The Tenant stipulates th4 ';Uh •9441 'WI!'I a[tsurch rental shall belllthat chatlged for the most recent rented similar unit in the Premises for under•:,,this lease, 'kith amount provided for in this lease, whichever is greater. Payments made by Tenants) to Owner during such holdover shall be credited to against Tenant's ob1tf 'li�on to p4 the fair rental value of the Premises, but shall not create any ...i.;,. t]ntti rights in tenancy;ziofi j;kind or nature whatsoever, and Tenant shall remain subject to eviction without fiuthrnotice. If Tenant remains on the Premises, the tenancy so created shall be a tenancy at will. 24.0 SUBORDINATION. This lease is and shall remain subject and subordinate to all mortgages or deeds of trust now or hereafter affecting the Premises or the building in which the Premises are located. Although the subordination provision of this section shall be deemed automatic, Tenant shall within five days after demand execute any and all instruments requested by Owner to evidence such subordination. Should Tenant fail to do so, Tenant hereby irrevocably appoints Owner as Tenant's attorney-in-fact to execute those instruments for and on behalf of Tenant. • Example of Lease Page 8 /l/ 25.0 INDEMNITY, Tenant hereby agrees to and does indemnify and hold Landlord harmless from and against any and all claims, demands, causes,judgments or liability for any losses or damage to any property of,or any injury or death to,any persons in or about the Premises during the term of this Lease Agreement, including, but not limited to Tenant,.Tenant's family, agents, servants, guests, licensees, or invitees; and fiuther, Tenant shall indemnify Landlord for any payments, expenses,costs or attorney fees incurred by Landlord as a result of such losses,damages, injury or death. �i�iF V !!r lit >, 26.0 WAIVER Failure of Owner to declare any def,il:+immediately upon occurrence thereof and any delay in taking any action in connectionftherewith*l not waive such default,but Owner shall have the right to declare any sucli'default at anyYhe 460H l'r 4ll�lil i�iu 27.0 NONDISCRIMINATION. Owner shall`not discriminate against an Tenant because of a, g �,,Y age, race, color,.religion, sex, creed, marital status sexual orientation, public assistance n37IP:�it:. '1111111111i. status,disability,handicap,or nationality or ancestry:. , l: lci . 28.0 MISCELLANEOUS. Excepttfor:the q CHA guidelines, this lease may not be modified .except in writing signed by the'!partiesi1; This ledseishall be binding upon the heirs, successors, and assigns of the parties hereto: 'This Ieaseshall be construed in accordance ...itti t th RiI!� i :frill with the laws of�the Stdte of Colorado;jurisdichonLforhany disputes hereunder shall be in the courts in and of Pitkin County and theiState ofColoradoHOwner may, at its discretion,refer tenant to one of more assistance organizations if paying rent becomes a problem or if there are any other behavioral concerns regarding safety, quiet enjoyment, the health and welfare of therte�nant or otlier�:tlnfo irriit lion sharedlwith these organizations will include name, address iariditelephone n lumber. TenVant will be,'notified in writing when a referral has been made giving the reso urce name and contact;information. • iii: 4tingilt 29.0 REFERENCES. If Tenant provides any prospective landlord with Landlord as a reference wElllh ';P'P,4 reference, or if ariy!new prospectsye�,\landlordebf Tenant contacts Landlord for information regarding Tenant as tenant, Landlord will provide all information requested by such new landlord • pertaining toTet's rental history, including all information regarding timely payment of rent, adherencetnan[by theITenant to the rules and regulations, the condition of the Premises upon Tenant's vacation Thereof, and any other information deemed relevant to the inquiring landlord that Landlord' not believe constitutes confidential information. IN WITNESS WHEREOF, the parties have entered into this Rental Lease Agreement effective as of the date first set forth above. Tenant: Tenant: Example of Lease Page 9 • / l . . . . . . OWNER . . . . . .. � • Date . D. e Date «m By r /owner . . ,.411141 ill .1| ©2y! y b., 41 §)y p y§ }ƒ ') 4/•Itio Is\y Iii) /Iƒ'\ 'lilt'\ � q11,410:'a (\ .\\! \;a �i ,) s t \ ., \\+`& 9y d C^E ,p ;. p( .! \ / Example k Lease .• . . . . . 10 /6 • TENANT NO. I INFORMATION TENANT NO. 2 INFORMATION Name: Name: Mailing Address: Mailing Address: ttiiii PM iii{ e . Home phone Home phoni,. i �� l jm,: K , Work phone phone " Wog mt?a E-mail: iq IEinail: ."l�l lith. iStir Drivers Lic. # Drivers Lic #•, �' I�llb,. Employer ` d l# Employer(,{ ii l, c. fit ', (4i, r' * 'list $..5.# ,. la S.S# ,sill{,_ g V a1J l x14 '` iliat:it� , bp Vehicle license# „ ilF� li iifi Vehic elicense ti psi,"gO4 ' -11r ,.. , rs Vehicle Type: Ipi ti'tt, irth i t 1 Vehicle Type:" • !il'iPi �l,lir;ii ■ ikt.31. =?D4 a,!`il1 ''', 11, 1,i41lliOn ?1ttlin li ,, CONTACT INCASE OF,EMERGENCY:N 114f. filth,le m;41,111) j, tit i it.. '�i Name " 1r1Vix. ' bits quilt,4.4 ,, Name ;1,;131 Relation Gail n th; Relation nIs l Phone# `!Itlhst. -,Im il.�i Phone# lilittimitP- Address at Address , Example of Lease Page 11 /7 RULES AND REGULATIONS L KEY(S)AND LOCK(S) A. Keys are issued to all tenants at the time of move-in. Any alteration, addition, and/or replacement of a lock(s) is.not permitted without the written consent of Owner. A tenant who receives permission to change or add a lock(s)must provide Owner with a key for each lock to provide access for inspections; repairs, or emergencies. Locks added to entry or sliding glass door must be?installed by a qualified contractor approved by Landlord. ).¶ t:! 4,054.O else i , B. Should the lock require changing for anyyreason,'oher than the lock's failure to operate correctly due to normal w�eai� nlbtear, the actual expenses incurred will be pp t'1!iii charged to the tenant. This expense�;�vgill be charged to�t}ietenant(s) in those cases which include, but are not limited'ito pl'1) Abuse of the lock liy.a household member, guest, friend, or relative; 2) Failure ofrtenant to notify Owner`of,required lock repairs; 3)Other. Payment of the charges is due upon receipt of an invoice.lt C. Keys will be issued for household membettI only. One entry keys s provided per household at move-in time T + e:number offkeys of each kind is not to exceed the number of people in the l ouseliold:,,e TenantiTare;not permitted to provide keys to relatives, friends, or guests'without"thexpress written consent of Owner. In such a case, the tenant will provide'ta wntten!'request tbC;Owner relieving Owner of all liability in the�iss iggce and usage of the r: questeld k_ey(s) to a relative, friend, or guest. F1�U,, ,S�' nvii s 4n� hl�s''3 e i rsi c ai IL LOCKOUTS Ni 01" � A. Tenant(s) on Le�aselare{responsible to provide access to his/her home for all household Th ° li� 6 x '41 �` tiI133G1�� ""kii ).4.1 fl;jl. 4113l"..i�� V,d�ii3 �i Rt ��r��t� If Tenant is locked out of:the premises, Tenant must contact and pay for a locksmith �1'r'to allow entrance''Tlinto ili`O remises. Any damage done to the premises due to a lockout shall be repaaired an `paid by said Tenant. III. APPEARANCE OF PROPERTY 1:111)11), '0 iss l A. Tenant agreed to.maintain the outside of the property, front and back;e.g.; removal of weeds,free of debris, etc. B. No signs, advertisements, notices, other lettering, or flyers should be exhibited, inscribed, painted,or affixed by any tenant or guest on or to any part of the exterior of the property building or apartment community property without the express written consent of the Property Manager. C. No awning, radio antenna, television antenna, wires, or other projections are allowed in and/or about any part of the property unless approved by Landlord. Example of Lease Page 12 IV. WASTE REMOVAL-WASTE CONTAINERS/ENCLOSURES Waste containers are provided for the purpose of trash and garbage disposal. Tenants are required to use the containers provided. Owner reserves the right, where permitted by law, to refuse to collect or accept from the Tenant any waste products,garbage, refuse, or trash which is not separated and sorted as required by law and to require Tenant's sole cost and expense,using a contractor satisfactory to Owner. A. All trash and garbage must be placed in a plastigjbag, sealed, and properly placed inside the dumpster. Trash and garbage are not Oite placed on top or beside the waste container(s). Tenants are responsiblelifor'"the proper disposal of his/her trash/garbage. Aljjk t ` ii li 1 B. The dumpster lids or doors must be kept closed at allltmes to discourage entry by birds, animals and children. i!� gljll �jEs�€i:til 0.0,„ . C. The placing of discarded furniture,=mat resses,box springs,oriether personal property in or around the waste container(s), Ld/or any common areas;'dr within the property boundaries is strictly prohibited. 11 � ,411, 'gig) D. The improper disposal',pf'trash garbage,vjah'd/or other disposable household or personal item(s)may resultqn'littering penaltiesl'as listed under littering. • E. The placing or dumping oflan hig� ly,flammable� m`�aterial in the waste container(s), g pp P�Y K ) which will cause 'ifire in the dtu`mp��ster,is s(nctly proh4ited. r�Illjjjlyll"1l t, 4 �F . lE .l(isllliW(?hi ,quip F. Grease, paint acids,' d,lother problem materialsl>rnay not be disposed of in the trash container(s)/dumpster )ifand/or sd dii system. The tenant(s) are responsible for the proper dis oral 'of Hazardous Westes in accordance with the manufacturer's an16 ar . er-, recommen ations. A tenanVwill be changed the cost of repairs to the system if found m°Violation of thiis iile.1115 6""h�j`+`nj! „ I :h ill'11111 I„„ wit lilullil.,, {1114l13•�„ ,'LPG, tjj }!�aForeign objecta are no *allowed in''agink drain, water closet or tank, and/or sewer '�4,�tll;system. A tenant°iwill becliarged the cost of repairs to the system if found in violation "of��t_his rule. '`'✓ iric 41111;!. h;I;'1r,. 4 t Ch i 4btt. H. It is kthelresponsibilityfof the tenant to remove from the property, and properly dispose of, alltiunwanted household items or personal property. The total cost to Owner for the remoysl,of the unwanted household item(s) or personal property will be charged to the ten`ant111i��Payfnant from the tenant is due upon receipt of an invoice for the charges. Tenant1agrees, at his sole cost and expense, to comply with all present and future laws, oilers, and regulations of all state, federal, municipal, and local governments, departments, commissions, and boards regarding the collection, sorting, separation, and recycling of waste products, garbage,refuse and trash. V. CONDUCT A. Tenants and his/her guest(s) will not engage in, or participate in, such conduct which is objectionable or prejudicial to the rights, privileges, safety, and general welfare of the other tenants living in the apartment community. No act of a tenant and/or guest which threatens, intimidates, is deemed as harassing others, is physically violent with or without injury to another person and/or property, or has unacceptable social conduct,will be tolerated. Example of Lease Page 13 B. No act of intimidation, harassment,verbal abuse,physical threat or violence,or social misconduct of, or to, any employee of this apartment community by any person will be tolerated. C. Social and friendly gatherings of tenants and his/her guest(s) are welcomed provided such gatherings do not become noisy, offensive, threatening, or generally objectionable to other tenants and/or Owner. D. The volume of stereos, televisions, radios; etc.a is[to be controlled at a minimum . sound level so as not to violate the rights of;(p` ghbors to the quiet and peaceful enjoyment of his/her residence at all times. •,;!`i,Iibii t, E. Police have the right to enter the propeand the power to make arrests as needed within the law. Property is under the luzisdiction of: 1 {I -f tyi,. Aspen City Police/Pit ;County Sheriff 1lb . r ` 15 , �3 a Illiil VI. FIRE SAFETY • !`CIr t dp a i ' +t ( „ Fires are a serious problemriaapartment communities - much more so than in a single family dwelling due to the nunilier' of families"ilj'ving within each building. Though damage is usually confined to p opertYllossyand damager,the loss of personal items can be quite an emotional experience.j Most often started 'through carelessness with cooking „� ma grease, matches, cigarettes, and ficep%%laces,many,ifires canithe avoided by using caution and common ,±sernse., t!.Ii k;�' 40 01111411%111% `�N A. Portable charcoal cooking grills areinbtpermitted`on the property. Portable gas grills are permitted'Ibut only°n4patios without overhangs. �l�1 l>>,. 4111215%11, x'0111,. B. Storageaof containersto ,flammable fluids,or explosive materials within the apartment, fu u u n1hlt 1 I ne m3=a leer- ' orage area+ �lyadjacent to the building�ezterior,is strictly prohibited. 0.%Storage of papgr•or plastic)bags or materials adjacent to the hot water heater, HVAC, • krant�ge,or refrigeiator creat&a health and fire hazard and is strictly prohibited. Nth ,1�1i . D. Disconnecting the sirioke/fire`alarm(s)is strictly prohibited. This is in violation of the fireilcode. It i§ the tenant's responsibility to notify Owner if the smoke/fire alarm(srbecomes fap ty. Battery operated smoke detectors must not be tampered with or hivebattery' emoved. Notify office immediately if batteead or missing. i is kop E. Storage of any flammable fluid upon or within the apartment community property is expressly prohibited. VII. UTILITIES • A. It is the responsibility of the tenant(s) to notify Owner of all water leaks (faucets, running toilets,etc.). B. The tenant will maintain all utility accounts for which he/she is responsible for payment for the entire time of possession of his/her apartment. • Example of Lease ' Page 14 9° C. Tenants will maintain a minimum temperature of 60 degrees Fahrenheit to prevent physical damage to the property and plumbing system during cold weather. VIII. APPLIANCES A. Each tenant is responsible for the care and use of each appliance and fixture in the Property. A tenant will be charged for the cost of repairs to an appliance or fixture damaged by misuse,lack of proper care, or an act of negligence. Payment for the cost of repair(s) is due upon receipt of an invoice for,st of the repair(s) and part(s). Tenants are responsible for reporting any operationally defective appliance or fixture immediately. fig 'k lir tifillbir4;:ni B .Disposal - If applicable, in-sink disposals(irequire`,wppecial care and use to prevent frequent mechanical problems. Tenants,are responsibl'etfor the cost of all parts and repairs caused by negligence or misuse'ofthe disposal unit • <Ir_ 11L111] qi i`"�� °N. IX. FIREARMS,WEAPONS,DANGERGUr OBJECTS AND/OITATERIALS kl:The use of any type of weapon, firearm, or4langerous,object is strictly:prohibited within P Prty liw Oi i 4, the boundaries of the roe This includes,�buGisnot limited to: ' 4`t� Niv 1134 y�j , , • Shot guns,pistols, rifles,etc pti;sf0,, . P �.I l4']3 11'1}1 �kc'�3 Y tit, N pIrI • Ammunition of any type. 'kin, �Ilt,lliv ir„ i#Itl fil6 i , i • Pellet guns,B B.'gims ``air guns (ptsttt�ols,rifles fe'tc•), of type. l �� 411141! RRi L �)1q'V ,kt • Archery equipm�� ent(bows, arrows, targets, etc.). • • Any and all typesof sling shots or any device that could shoot deadly projectile. pp77jj((��� 4 - 4' �' tl b a If r147i�elliii .1i� r 1 111111 �,IIIiii, 41111,11 • liiAll sharptiedged orilpomted objects,((i.e.,lknife, swords, etc.) used with the intent to h�,l] ,r threaten intimidate,of harm anothe'1I tI]Ifl 1 44,f$ " . i• .v f,. • .y and all types„fexplosive s,fireworks,and explosive chemical(s). • Anylother type of inFtrument, object, and/or material that may be deemed a weapon whenigert with the intent to threaten, intimidate,or harm another. 4`.114 full X. MISCELLANEOUS) Alit 114116P" . A. No additional equipment, refrigeration unit, freezing unit, air conditioning, or heating unit may be installed, operated, or used in any way without the express written consent of the Landlord. B. No provided equipment and/or appliances may be moved or removed from the Property. All provided equipment and appliances must be permanently retained in the original location. C. No use of any other attached illumination or fluorescent device other than the electric lighting provided is allowed: . D. Door to door solicitation is not .ermitted within the communi . Tenant s should Example of Lease Page 15 • 2/ notify Owner whenever solicitors appear at his/her door. ' E. No change to the rented residence is allowed without the written consent of Owner. . This includes painting, addition of decorations attached to the walls,windows, doors, ceilings or floors, and the temporary or permanent changing of the physical layout of the apartment. XL CLEANING AND DAMAGE CHARGES Payment for charges incurred by a tenant must be paid$mrfull upon receipt of an invoice for the services,repairs, labor, and/or materials. , yipt ,,i.�Ct. XII. VISITOR POLICY a( t3 :i�lil]lil iii , 04,11111),Tenants' guest(s) are subject to the terms>>of.the Lease Agreement, Community Policies, and Federal Regulations. The tenant accepts"accountability fontthe guest's action(s) while the guest(s)is on the Property. ;_{,{, • l ii, XIII. INSURANCE r {iI�I�I= It +{° , ifill li, ,,t i 0 ,tx �l' Please be aware that your personal possessions tare'not covered for fire, theft, or other perils. For this reason, it is(lla iequirement that lthe tenant obtain adequate renters' insurance coverage for all personal belgrigmgs 'i ,lt, ,plt {G IPA ' ;Ii:, .etitillilliti No „, iti' Ip,�',t' ��ll;'f ,914 ,,ili,i �A,4,, ii .! r I D, ,� t Iljt It:,„ 11,:i) 1k t,{ =- 3,ii !t toll iii' , t{ F iiii t� 1 i ii�i } Mu stlwil{: rti {g,ii l `li�iii(1, i1g:IIIN,{ t'u1 t 41117,' �q:illi .t ill 5y.�t. u , 'la 4 Yii�'r. ijl• i"ii t'l Example of Lease Page 16 p EXAMPLE OF LEASE PURCHASED AT OFFICE SUPPLY STORE �.3 LEASE THIS LEASE,dated ,is between the Landlord,and the Tenant. The Landlord, for and in consideration of the covenants and agreements hereinafter mentioned,to be kept and • performed by the Tenant,does hereby lease to the Tenant,the premises situate in the County of ,State of Colorado,described as follows: • • aopenr Adder Legal Detnipdmt Said premises,with the appurtenances,are to be leased to the Tenant from Thu until ,at and for a rental of$ ,payable in monthly Disc installments of$ ,in advance,on or before the day of each and every month during the term of this lease at the office of the Landlord or as the Landlord may direct in writing.The Tenant further covenants with the Landlord that Tenant has received said premises in good order and condition,and at the expiration � of the term of this lease will yield up said premises to the Landlord in as good order and condition as when the same were entered upon by the Tenant, loss by fire, inevitable accident and ordinary wear excepted, and will keep said premises in good repair during said term at Tenant's own expense. IT IS FURTHER AGREED by the Tenant that no part of the premises will be sublet,nor will this lease be assigned, • without the written consent of the Landlord being first obtained.Tenant will not use nor permit the premises to be used for any purposes prohibited by the laws of the United States or of the State of Colorado or the ordinances of the city or town in which the premises is located. IT IS MUTUALLY AGREED that if,after the expiration of this lease,the Tenant shall remain in possession of said premises and continue to pay rent without a written agreement as to such possession,then the Tenant shall be regarded as a tenant from month to month at a monthly rental payable in advance equivalent to the last month's rent hereunder, and subject to all the terms and provisions of this lease. IT IS FURTHER MUTUALLY AGREED that in case said premises are left vacant and any part of the rent herein reserved be unpaid,then the Landlord may,without in any wise being obligated to do so and without terminating this lease,re-take possession of 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 rent so received less all expenses of such changes and repairs,and the Tenant shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. 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 pursuant to applicable law,Landlord I may,at Landlord's option,undertake any of the following remedies without limitation:(a)declare the term of the lease I 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 Statute;(c)recover all present and future damages, costs and other relief to which the Landlord is entitled;(d)pursue Landlord's lien remedies;(e)pursue breach of contract remedies;and/or(f)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 i of the term,subject to the Landlord's duty to mitigate such damages.Pursuant to applicable law[13-40-104(d.5),(e.5) and 13-40-1073,CR.S.)which is incorporated by this reference,in the event repeated or substantial default(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. `Insert"City and"where applicable ■ No.e14. Rev.1.96 LEASE Copyright 4550 (Par i or 3) android Pobltshmg.1743 Waste 5t,Denver.CO 10202—303-392-2500—wwladfonfpabhahingcon—<Form This lease shall be subordinate to all existing and future security interests on the premises.All notices shall be in writing and he personally delivered or sent by first class mail,unless otherwise provided by law,to the respective parties at the address immediately below their signature.If any term or provision of this lease shall be invalid or unenforceable, the remainder of this lease 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 panics,their personal representatives,successors and assigns.The singular shall be deemed to include the plural. Additional provisions: Landlord: Tenant: Address: Address: GUARANTEE • For value received,I guarantee the payment of the rent and the performance of the covenants and agreements by the Tenant in the within lease. Dated: 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 full payment of the rent reserved and the performance of all the covenants and agreements made in the lease by the Tenant.The assignor will pay the rent and fully perform the covenants and agreements in case the assignee fails 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,agreed to by the Tenant. Dated: 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 lease or sub-letting of the premises,or any part thereof,shall be made without further written agreement. Dated: No.e14. (Page 2 of 3) a LANDLORD'S ASSIGNMENT In consideration of One Dollar,in hand paid,I hereby assign to my interest in the within lease,and the rent therein reserved. Dated: No.e14. (Page 3et3)