HomeMy WebLinkAboutbocc.con.160.2019 - BOCC CONTRACT
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LEASE AGREEMENT
THIS LEASE AGREEMENT ("Agreement") is made and entered into this 4day of
February 2019, by the Board of County Commissioners of Pitkin County, Colorado (hereinafter
called "Lessor"), and Ryan Quinn, 34 Mountain Court, Basalt, Colorado 81621(hereinafter called
"Lessee"),
WITNESSETH:
1. Lease Covenant. In consideration of the payment of the rents and the keeping and
performing of the covenants and agreement hereinafter set forth by the Lessee,the Lessor
hereby leases to the Lessee the premises situated in Pitkin County, Colorado described as
follows (the "Premises"): 99 B North River Road, Snowmass, CO 81654.
2. Lease Term. The term of this Agreement shall commence on February 1, 2019, and shall
expire on December 31, 2019, (the "Primary Term") unless sooner terminated as provided
herein, subject to the terms and conditions of this Agreement. Unless terminated as
provided herein, at the end of the Primary Term Lessor may continue the lease as a
month-to-month tenancy until such time as it is terminated by either party.
3. Rent.
a. Rent for the Primary Term of this lease shall be paid in monthly installments of
$745.00 commencing on February 1, 2019 and continuing on the first day of each
calendar month thereafter.
b. It is agreed that in the event of any default in the payment of rent in excess of five (5)
days in any of the installments allowed in this Agreement,the whole of the rent
reserved for the then remaining period, shall, at the option of the Lessor, become due
and payable without any notice or demand from the Lessor.
c. Rent payments shall be made in the form of a personal check, cashier's check or
money order made out to Pitkin County Treasurer and delivered or mailed to Lessor at
the address of: Pitkin County Open Space &Trails, 530 East Main Street, Suite 202,
Aspen, CO 81611.
d. If Lessee makes any payment to Lessor by a check which is later dishonored for any
reason, Lessor may, in addition to the other remedies available to it hereunder, require
that future rental payments be made by cashier's check or certified funds. Lessee
agrees to pay Lessor$35 for each instance that a check written to Pitkin County is
dishonored in addition to a late payment charge. Lessor, at its option, has the right to
terminate this Agreement upon receiving its first dishonored check from Lessee.
4. Late Charges. Lessee shall be assessed a late charge of$50 if rent has not been paid by
the close of business on the fifth day (5th) of the month. If the 5th falls on a Saturday,
Sunday or holiday, rent will considered late on the following business day. Lessor's
failure to collect any late charges that have accrued shall not be deemed to be a waiver of
these charges and Lessor shall be entitled to deduct all accrued and unpaid late charges
out of Lessee's Security Deposit upon termination of this Agreement. Late charges shall
accrue as provided hereunder in any case where the full rent, or any portion thereof, due
b. Dispose of ashes, garbage, rubbish, and other waste from the Premises in a clean,
safe, sanitary, and legally compliant manner;
c. Use in a reasonable manner all electrical,plumbing, sanitary, heating,ventilating,
air-conditioning (if any), and other facilities and appliances within the Premises;
d. Conduct himself or herself and require other persons upon or within the Premises
within the Lessee's control,to conduct themselves in a manner that does not
disturb their neighbors'peaceful enjoyment of the neighbor's dwelling unit(s) or
property;
e. Promptly notify the Lessor if the Premises is uninhabitable as defined in C.R.S. §
38-12-505 or if there is a condition that could result in the Premises becoming
uninhabitable if not remedied and;
f. Lessee shall not knowingly, intentionally, deliberately, or negligently destroy,
deface, damage, impair, or remove any part of the Premises or knowingly permit
any person within his or her control to do so.
9. Use of the Premises. The Lessee shall use the Premises for residential and related
purposes only and shall permit no activity on the premises which will violate the laws of
the County of Pitkin, State of Colorado, or United States. This lease is also subject to all
agreements and protective covenants of record or off record, which covenants and
agreements shall not be violated by Lessee. Lessee shall not use nor permit the Premises
or any part of the Premises,to be used for any business purposes (except home office
uses without signs or client traffic) or unlawful purpose of any sort.
10.Number of Occupants. Lessee agrees that there will not be more than two (2)permanent
occupants of the Premises. Lessee shall be permitted occasional overnight guests,but at
no time shall other than the named Lessee hereunder permanently occupy the premises.
11. Pets. Lessee shall be permitted to keep one (1) dog on the Premises, so long as said dog
is not damaging the Premises. In such event,the dog shall be removed, or the lease may
be terminated on 30 days' notice. Additionally, dogs must be leashed, cleaned up after
and make no excessive noise.
12. Sublease or Assignment. The Lessee shall not sublease or assign the Premises (or any
portion of said Premise)without the prior written consent of the Lessor,which consent
shall be given in Lessor's sole discretion, in the event Lessee,having obtained such
written agreement/consent of the Lessor, shall assign or sublease this lease agreement to
a nominee or some person,the Lessee shall guarantee the performance of the lease
obligations provided for the Lessee under this lease.
13. Utilities. Lessor will pay for electric and gas utility costs. Lessee shall, except as
provided for herein,pay for all other utilities, including cable TV,telephone and trash
removal in connection with the premises. Lessee's failure to pay these utilities in a
timely fashion shall be deed a default hereunder.
14. Noises. Lessee shall not permit loud noises, whatever the source, from the leased
premises to disturb the neighborhood.
15. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement,the substantially prevailing party, whether by final judgment
or out of court settlement, shall recover from the other party all costs and expenses of
such action or suit including reasonable attorney's fees.
16. Alterations. The Lessee shall not make any alterations, additions, improvements or
repairs to the Premises (other than ordinary maintenance)without the prior written
consent of the Lessor, and all work, after any such consent shall be given, shall be done
in a satisfactory and workmanlike manner and with satisfactory materials, subject to the
written approval and physical inspection and supervision of the Lessor. Any alterations,
additions or improvements,when made or attached to the Premises, shall belong to and
become the property of Lessor and shall be surrendered upon the expiration or sooner
termination of this lease. Lessee shall not permit any lien or other encumbrance to be
filed against the Premises in connection therewith, and shall indemnify Lessor against
such liens and encumbrances.
17. Misuse and Neglect or Injury to the Premises.
a. The Lessee shall, at his own cost and expense,take good care of the Premises and
shall at his own cost and expense, make all repairs required to the ceilings,walls,
floors, windows, fixtures,paper,pipes,plumbing work and furniture, if the
premises are furnished,whenever such damage and injury shall result from the
Lessee's misuse or neglect; and, at the end or other expiration of the terms hereof,
the Lessee shall deliver up the premises in good order and condition, reasonable
wear and tear excepted.
b. All injury to the Premises, or to the fixtures, caused by moving any property of
the Lessee, in or out of the Premises, and all breakage or other injury done by the
Lessee, or his family, agents, servants, or visitors, as well as any damage caused
by the overflow or escape of water, gas electricity, or other substance, due to the
negligence of the Lessee, or the family, agents, servants,roommates or visitors of
the Lessee shall be repaired by the Lessor, at the expense of the Lessee. The costs
shall be determined on statements rendered by the Lessor to the Lessee and the
sum so determined shall be payable to the Lessor upon delivery of such
statements.
c. The Lessor shall not be liable for any damage to any property or person at any
time in the Premises from gases, or electricity, or from water, rain, or snow,
whether they may leak into, issue, or flow from any part of the Premises, or from
pipe, or plumbing works, or from any other place or quarter,unless caused by the
Lessor's affirmative act of negligence, or an affirmative act of negligence by the
Lessor's agents or employees. The Lessee shall give to the Lessor prompt written
notice of any accident to, of defect in,the water pipes,warming apparatus or
electric wires, and the same shall be remedied by Lessor with due diligence,
subject to subparagraph 17(a) and(b) of this Agreement.
18. Applicable Law and Venue. This Agreement is to be construed according to the laws of
the State of Colorado. Jurisdiction for any disputes hereunder shall be in the courts in
and of Pitkin County and the State of Colorado.
19.Notice. Any notice required or permitted under this Agreement shall be in writing and
shall be hand-delivered or sent by registered or certified regular mail,postage pre-paid to
the addresses of the parties as follows. For the purpose of counting days for the notice
period,the period shall commence three days from the date of the postmark of the letter
as mailed. Each party by notice sent under this paragraph may change the address to
which future notices should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of
the sender. The address for the Lessor and the Lessee for notice are as follows:
To Lessor: To Lessee:
Board of County Commissioners of Ryan Quinn
Pitkin County, Colorado 34 Mountain Ct.
530 East Main Street Basalt, CO 81621
Aspen, CO 81611
With Copies to:
Pitkin County Attorney's Office
530 East Main Street, Suite 301
Aspen, CO 81611
Agriculture and Conservation Easement Administrator
Pitkin County Open Space and Trails
530 East Main Street, Suite 202
Aspen, Colorado 81611
20. Severability. If any provision of this lease shall be declared invalid or unenforceable,the
remainder of the lease shall continue in full force and effect.
21. Quiet Enjoyment. Subject to the terms of this Agreement, and the faithful performance
of Lessee's obligations hereunder, Lessee shall have quiet enjoyment of the Premises
during the term hereof,provided however, that Lessor shall not be responsible for any
disturbances caused to Lessee as a result of actions not directly attributable to Lessor,
including without limitation, maintenance and repair,traffic noises, construction noises
and other disturbances.
22. Joint and Severable Liability. In the event that more than one Lessee is obligated under
the terms of this lease, each such Lessee shall be jointly and severally liable for the
fulfillment of all of the obligations of this lease, including without limitation, the
payment of rent and the payment of the Lessee's other financial obligations hereunder.
23. Casualty. In case of fire or other casualty,the Lessee shall give immediate notice to
Lessor. If the leased Premises are not livable as a result of fire,the elements or by any
other cause not resulting from Lessees'neglect or default,the obligation to pay rent shall
cease until the demised Premises shall be substantially repaired,whereupon the
obligation to pay rent shall resume to the same extent and at the same rate as if the
damage had not occurred. However,the obligation to pay rent shall not cease nor shall
any reduction in the rental payment be made during the period that Lessee continues to
reside in the Premises. In no event, however, shall the provisions of this clause become
effective or be applicable if fire or other casualty or damage shall be the result of
carelessness, negligence or improper licensees, invitees, sub lessees, assignees or
successors. In such case,the Lessee's liability for the payment of rent and the
performance of all the covenants and conditions and terms hereof on the Lessee's part to
be performed shall continue and the Lessee shall be liable to the Lessor for the damage
and loss suffered by Lessor, including all repairs and rebuilding expenses. Lessor shall
not be responsible for any loss or damage of Lessee's personal property.
24. Condemnation. In the event that the Premises are taken by an authority exercising the
power of eminent domain,this lease shall terminate as of the date possession shall be
taken by the condemner. Lessee waives all claims against Lessor or any condemning
authority by reason of the complete or partial taking of the Premises, or the remainder of
the Premises, and shall not be entitled to receive any part of any award that Lessor may
receive, hereby quitclaiming ail interest therein to Lessor,unless otherwise prescribed by
law.
25. Default and Termination. If there shall be a default in the performance of the payment of
rent or any part thereof for more than three (3) days after written notice of such default
from Lessor or Lessor's agent to Lessee this Agreement and all rights of Lessee
hereunder shall terminate. If there shall be a delinquency by Lessee in the performance of
any other covenant, agreement, condition. rule or regulation herein contained or hereafter
established for more than three (3) days after written notice of such default from Lessor
to Lessee, Lessor, or Lessor's agent, at any time thereafter may terminate this Lease by
providing a notice to quit to Lessee,which notice to quit shall be effective upon delivery
to Lessee or upon posting on the front door of the Premises. In that case,this lease shall
terminate and all rights of Lessee hereunder shall terminate. Lessor may also terminate
this lease for any substantial violation in accordance with the provisions of C.R.S. 13-40-
107.5.
The abandonment of the premises by the Lessee as defined in C.R.S. § 38-12-501, shall
constitute a default under this Agreement and all rights of Lessee shall there upon
terminate. Prior to expiration or termination, Lessor may inspect the premises as
provided in paragraph 6 above to determine compliance by Lessee with the terms of this
Agreement, including but not limited to condition of the Premises.
Upon termination of this Agreement,pursuant to the preceding subparagraph or
otherwise, Lessee shall peacefully surrender the leased Premises to Lessor, and Lessor
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 Lessee and remove Lessee and all other persons and property from
the leased Premises. Lessee shall be responsible for any and all costs and attorney's fees
incurred by Lessor in enforcing the provisions contained in this paragraph.At any time
after such termination, Lessor may re-let the leased Premises or any part thereof, in the
name of the Lessor or otherwise for such term (which may be greater or less than the
period which would otherwise have constituted the balance of the term of this Lease)and
on such conditions as Lessor, at its discretion, may determine, and may collect and
receive the rents therefore. Lessor shall in no way be responsible for or liable for any
failure to re-let the leased Premises or any part thereof, or for any failure to collect any
rent due upon such re-letting.
No termination of this Lease shall relieve Lessee of Lessee's liability and obligations
under this Agreement, and such liability and obligations shall survive any such
termination. In the event of any such termination,whether or not the leased Premises or
any part thereof shall have been re-let, Lessee shall pay to Lessor the rent required to be
paid by Lessee up to the time of such termination, and thereafter Lessee, until the end of
what would have been the term of this Agreement in the absence of such termination,
shall be liable to Lessor for, and shall pay to Lessor, as and for liquidated and agreed
damages for Lessee's default:
a. The equivalent of the amount of rent which would be payable under this
Agreement by Lessee if this Agreement were still in full force and effect,
including charges for all utilities and services as provided in this Agreement.
b. The net proceeds of any re-letting effected pursuant to the provisions of the
preceding subparagraph, after deducting all of Lessor's reasonable expenses in
connection with such re-letting, including but not limited to all repossession costs,
brokerage commissions, legal expenses, attorneys' fees and expenses of
preparation for such re-letting.
26. Additional Remedy Upon Default. If Lessee shall be in default hereunder as above
defined, Lessor may, at its option, cure such default on behalf of Lessee without the
exercise of its rights as contained in paragraph 25 of this Agreement, in which event
Lessee shall reimburse Lessor for all sums paid to effect such curing, including
nonpayment of rent,together with interest at the rate of 18%per annum and reasonable
attorneys' fees incurred in collection shall be paid by Lessee to Lessor on demand and
shall be recoverable as additional rent.
27. Lessee'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 Lessor enters into
possession of the Premises and there is within the Premises furniture, furnishings,
fixtures, or other personal property of the Lessee,Lessor shall have the right and option
without liability to Lessor: 1)to store such property in a warehouse or other storage space
provided by Lessor or others at the reasonable storage expense of Lessee; or 2)to cause
such property to be sold at public or private sale with or without notice to Lessee, at
which sale Lessor may be purchaser, and to apply the proceeds of such sale first to the
reasonable incurred expenses of collection or sale and thereafter on any indebtedness due
by Lessee to Lessor,with any excess over the amounts required for such purposes
payable to Lessee, or(3) in the discretion of Lessor should such property be deemed by it
of small value, said property may be discarded or destroyed. For purposes of this
paragraph, an abandonment shall be determined consistent with C.R.S. § 38-12-510.
28. Holding Over. Upon the expiration or sooner termination hereof, Lessee shall
immediately and without notice from Lessor surrender possession of the Premises to
Lessor. In the event Lessee does not so vacate the Premises, Lessee's holding over shall
not be deemed a tenancy of any kind or nature whatsoever and Lessee shall be subject to
eviction proceedings without further notice. For purposes of such proceedings,Lessee
shall pay the fair rental value of the Premises for the period of such holding over. The
Lessee stipulates that such rental shall be that charged for the Premises for under this
lease, or that amount provided for in this lease,whichever is greater. Payments made by
Lessee(s)to Pitkin County during such holdover shall be credited to Lessee's obligation
to pay the fair rental value of the Premises,but shall not create any rights in tenancy, of
any kind or nature whatsoever, and Lessee shall remain subject to eviction without
further notice. If Lessee remains on the Premises,the tenancy so created shall be a
tenancy at will.
29. Indemnity. Lessee hereby agrees to and does indemnify and hold Lessor 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 Agreement, including,but not limited to Lessee,Lessee's family,
agents, servants, guests, licensees, or invitees; and further, Lessee shall indemnify Lessor
for any payments, expenses, costs or attorney fees incurred by Lessor as a result of such
losses, damages, injury or death.
30. Waiver. Failure of Lessor to declare any default immediately upon occurrence thereof
and any delay in taking any action in connection therewith shall not waive such default,
but Lessor shall have the right to declare any such default at any time.
31.Nondiscrimination. Lessor shall not discriminate against any Lessee because of age, race,
color,religion, sex, creed, marital status, sexual orientation,public assistance status,
disability, handicap, or nationality or ancestry.
32. Modification. This Agreement may not be modified except in writing signed by the
parties.
33. References. If Lessee provides any prospective Lessor with Lessor as a reference, or if
any new prospective Lessor of Lessee contacts Lessor for information regarding Lessee
as a Lessee,Lessor will provide all information requested by such new Lessor pertaining
to Lessee's rental history, including all information regarding timely payment of rent,
adherence by the Lessee to the rules and regulations,the condition of the Premises upon
Lessee's vacation thereof, and any other information deemed relevant to the inquiring
Lessor that Lessor does not believe constitutes confidential information.
34. Binding Effect. The terms and conditions of this lease shall extend to and be binding
upon the heirs, executors, legal representatives, successors and assigns of the parties
hereto.
(Signature page follows)
IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the date
first above written.
LESSOR: LESSEE:
Board of County Commissioners of
Pitkin County, Colorado
4.)Li -e y Zo r q
Jon ock, County Manager Date Rya Quinn Date
For Board of County Commissioners
APPROVED AS TO FORM:
4
Richt/ -iley III Date
Pitkin County Assistant Attorney