HomeMy WebLinkAboutbocc.con.196.21 - BOCC Phillips Mobile Home Park Cabin Leases Index Updated 09-28-2021
Last Name First Name Cabin Number
Draper Martin 51
Weber James& Diane 52
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,APPROVING A LEASE AGREEMENT FOR CABINS
LOCATED WITHIN THE PHILLIPS MOBILE HOME PARK
ORDINANCE NO. 014-2021
RECITALS
WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of
Pitkin County, Colorado a Home Rule County is authorized to make and publish ordinances for
carrying into effect or discharging the powers and duties conferred upon such counties by law
and as seems necessary, and;
WHEREAS, Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"), the BOCC is
authorized to take official action by Ordinance for certain matters where action is prescribed
pursuant to the Colorado Revised Statutes as amended, and;
WHEREAS, in February 2018,pursuant to Ordinance No. 005-2017 the Board of County
Commissioners authorized purchase of the Phillips Mobile Home Park("Park") an area of 76
acres to preserve the essential housing consisting of 35 mobile home spaces, four cabins and an
historic ranch house, and;
WHEREAS, in order to transition the residents in the park, the current residents were
grandfathered for qualification for affordable housing, and;
WHEREAS, the County has been using the basic APCHA Resident Occupied(RO) guidelines
for new tenants since the acquisition of the Park, and;
WHEREAS, the BOCC has determined that it is in the best interest of the County and the current
tenants of the cabins located in the PMHP to enter into a standard lease agreement so that there is
a clear understanding of the provisions, and;
WHEREAS, the current tenants will continue to rent under the grandfathered provision and will
be exempt from the requirements of 1. (d) of the lease agreement, and;
WHEREAS, the BOCC has determined that it in order to preserve the intention and integrity of
the employee housing program that all new residents of the cabins will be required to meet the
requirements of a qualified employee, as identified in the Aspen Pitkin County Affordable
Housing Guidelines in force at the time of execution of the lease agreement, and any future
adopted regulations that supersede such regulations during the term of the lease agreement, and;
WHEREAS, The BOCC finds that adoption of this ordinance is in the best interest of the citizens
of Pitkin County, and;
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby
1) Adopts an Ordinance approving a lease agreement(attached hereto as Exhibit A) for
Cabins located within the PMHP.
2) Authorizes the Chair to sign the Ordinance.
3) Upon the satisfaction of the County Attorney as to form, authorizes the Facilities Director
to execute all lease agreements with the tenants of the cabins located within the PMHP as
defined in the list of tenants attached hereto as Exhibit B.
INTRODUCED AND FIRST READ ON THE 10th DAY OF February, 2021 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 10th DAY OF March 2021.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 11th DAY OF
February, 2021.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 25th
DAY OF February 2021.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 10th DAY OF
March 2021.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE 11th DAY OF March, 2021.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 18th DAY OF March, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By jt aan.t if t, 34in t,S By: Le,0
Jeanette Jones Kelly McNicholas Kury, Chair
Deputy County Clerk
Date: Mar-11-2021
APPROVED AS TO FORM: MANAGER APPROVAL
106, El/ P u1Uis
John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager
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April 1, 2021
Martin Draper
Phillips Mobile Home Park
Cabin No. 51
Snowmass, Colorado 81654
Sent Via DocuSign
RE: New Lease Agreement
Dear Martin Draper,
Attached please find a new lease agreement with Pitkin County for a term beginning on April 1,
2021 thru April 1, 2022.
Please fill out the attached form by providing the names of each person who is living in the
cabin/mobile home and indicate if anyone is under the age of 18 years old. Then, sign the lease
agreement and keep a fully executed copy for your records.
Pitkin County looks forward to working with all tenants towards the common goal of a fair
process and good communication for the future of the park.
If you have any questions or concerns regarding the lease agreement please contact either Jodi
Smith, Facilities Director, or Michele McClinton regarding rental questions and they will be
happy to discuss them with you.
Regards,
Jodi Smith, Facilities Director
Pitkin County
Jodi.smith@pitkincounty.com
Phone no. 970-920-5396
cc; michele.mcclinton@pitkincounty.com
Phone no. 970-429-6176
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Names of Persons Living in Cabin/Mobile Home
51 Phillips Hillside, Snowmass, CO 81654
Name Under 18 (Y/N)
Martin Draper Yes x No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
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LEASE AGREEMENT
PHILLIPS MOBILE HOME PARK CABIN
THIS LEASE AGREEMENT("Lease")is made and entered into this 27 day of Apri 1
2021,by the Board of County Commissioners of Pitkin County,Colorado(hereinafter called"Park
Owner), and Martin Draper(hereinafter called "Tenant").
1. Lease Covenant and Rent. In consideration of the payment of the rents and the keeping and
performing of the covenants and promises set forth below, Park Owner hereby leases to Tenant
the premises situated within the Phillips Mobile Home Park("Park") in Pitkin County, Colorado,
described as follows: Cabin No. 51 Phillips Riverview, Snowmass, CO 81654 (the "Premises")
commencing on April 1, 2021 for a monthly rental payment of$650.00 ("Rent"), payable on the
1st day of April, 2021 and on the same day of each succeeding month for the term of this Lease.
(a) Rent payments shall be made in the form of a personal check, cashier's check or money
order made payable to Pitkin County Treasurer and shall be deposited in one of the three drop
boxes located within the Park or mailed to Pitkin County Administration, 530 E.Main Street, Suite
304, Aspen, CO 81611.
(b) If Tenant makes any payment to Park Owner by a check which is later dishonored for any
reason, Park Owner 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. Tenant agrees to pay Park
Owner$35 for each instance that a check made payable to Pitkin County Treasurer is dishonored
in addition to a late payment charge. Park Owner,at its option,has the right to terminate this Lease
upon receiving its first dishonored check from Tenant.
(c) In the event of commencement or termination of this Lease at a time other than the
beginning or end of the specified rental period, Rent shall be prorated as of the date of
commencement or termination and in the event of termination for reasons other than default, all
prepaid Rent shall be refunded to Tenant or paid on its account.
(d)Existing tenants are not required to meet APCHA guidelines but any tenant that moves onto
any of the Phillips Property rental cabins after March 10, 2021 will have to meet all APCHA
guidelines.
2. Late Charges. Tenant shall be assessed a late charge of$25 if rent has not been paid by the
close of business on the tenth day (10th) of the month. If the loth falls on a Saturday, Sunday or
holiday, Rent will considered late on the following business day. Interest shall accrue on the
delinquent rental installment at the rate of 1% per month from the day following the due date.
Park Owner's failure to collect any late charges that have accrued shall not be deemed a waiver of
these charges and Park Owner shall be entitled to deduct all accrued and unpaid late charges out
of Tenant's Security Deposit upon termination of this Lease. Late charges shall accrue 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.
3. Right to Increase Rent. The parties agree that the Park Owner reserves the right to increase
the Tenant's rent upon sixty(60) days notice as provided herein or posted to the residence.
4. Emergency Contact. In the event of an emergency, contact the Property Manager, Hyrum
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Noyes, by calling (970) 319-7646 or Pitkin County at (970) 920-5200 during regular business
hours (M-F 8 a.m.-5 p.m.).
5. Non-Payment of Rent. Where Rent is not paid as provided in this Lease, this Lease may be
terminated at the option of the Park Owner by written notice to Tenant requiring,in the alternative,
payment of Rent or possession of the Premises,within a period of not less than three(3) days after
notice is served or posted for failure to pay Rent when due. If Rent is not paid as required in the
notice, the laws of Colorado provide that Tenant is subject to immediate eviction by appropriate
court proceedings. Attorneys or other professional fees, clean-up or disconnection costs and all
other expenses incurred by the Park Owner because of Rent delinquency or termination of the
Lease under this paragraph, or otherwise, shall be due and payable by Tenant to the Park Owner
as additional rent, and interest at 1%per month from the date demand therefor is mailed to Tenant,
delivered to some person occupying
6. Security Deposit and Last Month's Rent.
(a) Security Deposit: Tenant shall deposit with the Park Owner a deposit in the amount of
$650.00 (unless a deposit has been previously paid) as security for the faithful performance of the
terms and obligations of the Tenant provided for herein. This Security Deposit shall be held by
Park Owner, for the term of the Lease. No interest shall be paid to Tenant on the Security Deposit.
The Park Owner, at its option, may apply proceeds from the Security Deposit as partial or full
payment for any month's rent unpaid during the lease term, including late charges, after written
notice to Tenant. The Park Owner further can apply any proceeds from the Security Deposit to the
repair of damage caused to the Premises stated after written notice to Tenant. The Security Deposit
shall not be deemed the total amount for which the Tenant shall be responsible in the event of
damage caused by the Tenant,additional occupants,pets,guests,sub-lessees and any other invitees
of the Tenant. If any portion of the Security Deposit is used for unpaid rent or damage repair,then
the Security Deposit must be replenished within thirty (30) days notice to the Tenant of those
expenditures.
In the event that cause exists for retaining any portion of the Security Deposit,Park Owner not
later than sixty (60) days after the expiration or sooner termination hereof, shall provide Tenant
with payment of the unused portion of this deposit and an accounting of deductions. Said sixty
(60)days notice shall be deemed given upon deposit in the mail,regular postage pre-paid addressed
to Tenant at the address set forth in this Lease. This Security Deposit shall not be construed as
liquidated damages and shall not impair or alter remedies otherwise available to Park Owner
hereunder,or at law or in equity,including the right to proceed against the Tenant for rent,damages
or expenses not adequately covered by the deposit. In the event Tenant unlawfully attempts to
terminate this Lease or abandons the Premises, Park Owner shall be entitled to retain the entire
Security Deposit.
(b) Last Month's Rent. Tenant shall deposit with the Park Owner at the commencement of
this Lease, the sum of$650.00 in payment of the last month's rent (unless last month's rent has
been previously paid).
7. Default Failure to Cure/Abandonment. In the event of default and failure to cure, or if Tenant
abandons the Premises,or should Tenant be evicted,Park Owner,in addition to any other remedies
available to it,may re-enter the Premises without any liability to Tenant therefore, and as agent for
Tenant or otherwise,re-let the Premises. The proceeds of any re-letting shall be applied first to the
2 Tenant Intials��
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cost and expenses, including reasonable attorney's fees, incurred by Park Owner in order to re-
enter and re-let the Premises, and then to rent liabilities, expenses and other obligations of Tenant
accrued subsequent to the date of re-entry. Tenant shall remain liable to Park Owner for all rent,
liabilities,expenses and other obligations hereunder for which recovery is not made by Park Owner
through re-letting as provided in paragraph 37 below.
The rights and remedies of Park Owner provided for herein are in addition to and not an exclusion
of any other remedies available to them at law or in equity.
7. Compliance With Rules and Regulations. Tenant agrees that Tenant and each occupant of said
Premises shall strictly and timely comply with each and every provision of the Rules and
Regulations, as they presently exist, or as they may subsequently be amended from time to time
and agrees that the same shall be incorporated herein as terms and conditions of this Lease by this
reference as if fully set forth herein.
8. Utilities.
(a) Water and Sewer. The Park Owner provides water and sewer service to the Premises (for
its presently assumed occupancy within the capacity of the present water and sewer system)
without additional charge, but without any guarantee as to adequacy or reliability of such water or
sewer service. Tenant shall keep water and sewer appliances and fixtures inside the Premises in
good working order,at the Tenant's cost.The Park Owner reserves the right to terminate or suspend
water or sewer service to affect repairs, for non-payment of Rent or special service charges, and
for excessive use, or abuse, of said water or sewer facilities. The Park Owner reserves the right to
bill for supplementary service or expense occasioned by extraordinary use or abuse of said services
by the Tenant, or any expenses occasioned by Tenant's damage to said water or sewage facilities.
(b) Other Utilities. Tenant shall, except as provided for herein, pay for all utilities, including
electric, propane, trash removal, telephone, internet, and television service in connection with the
Premises. Tenant's failure to establish and pay for electric, trash removal and propane service in
a timely fashion shall be a default hereunder.
(i) Electricity. Electricity service is not included in the Rent. Each space is separately
metered. Electricity is provided by Holy Cross Energy. Tenant shall contact Holy Cross
Energy at 3799 Hwy 82, Glenwood Springs, Colorado (970) 945-5491, to make the
necessary arrangements to establish service and to arrange for billings directly to the
Tenant.
(ii) Trash. Trash removal is not included in the Rent. Tenant shall arrange for service
with the trash collection company of Tenant's choice and make payment directly to said
company or may opt to take trash directly to the Pitkin County Landfill at Tenant's cost.
(iii) Propane. Propane is not included in the Rent. Tenant shall arrange for service
by contacting the propane company of Tenant's choice and make payment directly to said
company.
9. Notice of Intent to Terminate at End of Lease Term. If Tenant does not wish to renew this
Lease at the expiration of the term hereof, Tenant shall so notify Park Owner of its intent to vacate
the Premises on the termination date at least 30 days prior to the termination date of this Lease.
Park Owner, in its sole discretion, may determine to renew the lease or to terminate it for any
reason,including but not limited to Tenant's maintenance of the Premises as required in paragraphs
11 and 11.1 below. If Tenant does not renew for another lease term and vacates the Premises at
the end of the lease term without providing such 30-day notice, Tenant agrees that as and for
3 Tenant Intials��
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liquidated damages, Park Owner shall be entitled to retain Tenant's Security Deposit at the end of
the lease term,plus recover from Tenant any damages or cleaning charges incurred by Park Owner
as a result of Tenant's vacation of the Premises.
10. Inspection. Park Owner or its agents shall have the right to inspect the Premises at
reasonable times during the term of this Lease upon giving reasonable notice to the Tenant of the
intent to inspect. The amount of time necessary for notice shall be governed by the circumstances
under which inspection is carried out.
11. Condition of the Premises. Tenant hereby acknowledges that Tenant has inspected the
Premises and fixtures and warrants that the same are in good condition and suitable for the use
intended at the time of taking possession of the Premises. Tenant further acknowledges that
there is no damage to the Premises, furniture or fixtures 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 Park Owner and Tenant.Tenant,at Tenant's own cost,agrees to maintain
the Premises, together with all appurtenances thereto, all fixtures and appliances, in accordance
with paragraphs 11.0 and 11.1 below, and shall at the expiration or sooner termination hereof
deliver the same to Park 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 Park Owner. Park Owner at its sole
option,may require Tenant to repair said damage at Tenant's own cost and expense,or Park Owner
may repair such damage and charge the expense thereof to Tenant as additional rent hereunder.
12. Maintenance of Premises. Tenant is required to maintain the Premises in a good order,
reasonable wear and tear excepted, and to bear the cost of necessary repairs to the Premises or to
the premises of other tenants or the Park Owner in the event the damage is caused by Tenant, or is
due to negligence, or lack of supervision of the Tenant. Tenant shall maintain the Premises in a
reasonably clean and safe manner, including the following:
(a) Keep the Premises reasonably clean, safe, and sanitary as permitted by the condition of the
Premises;
(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) Be responsible for the maintenance of grounds, lawns and the planting of grass, trees and
shrubs on the space surrounding the Premises and shall be prompt with necessary lawn care and
tree and shrub trimming thereon. There shall be no digging nor disturbance of the space
surrounding the Premises, nor should grass, flowers, trees, bushes, or shrubs be removed without
the written permission of the Park Owner. Tree trimming and pruning of shrubs belonging to
the Park should be left to the Park Owner and;
(e) Promptly notify the Park Owner 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.
(f) Tenant 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.
4 Tenant Intials
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13. Occupancy Restriction. Occupancy of the Premises is restricted to Tenant and any additional
occupants. Tenant shall not sublease or assign the Premises (or any portion of said Premises)
without the prior written consent of the Park Owner,which consent shall be given in Park Owner's
sole discretion. In the event Tenant,having obtained such written consent of the Park Owner, shall
assign or sublease this Lease to a nominee or some person,Tenant shall guarantee the performance
of the lease obligations provided for the Tenant under this lease. Any unauthorized occupancy by
such other parties will, at the option of the Park Owner, constitute
a violation of this Lease and incorporated regulations, constituting cause for termination of the
Lease.
14. Noises. Tenant shall not permit loud noises,whatever the source, from the leased Premises to
disturb the neighborhood.
15. Conduct. Tenants shall conduct themselves and require other persons upon or within the
Premises within the Tenant'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.
16. Liability for Damages. Tenant shall pay for any damage caused by their children, pets or
guests. Tenant shall be liable for any damage to buildings,grounds or the Premises if such damage
is due to their negligence, or lack of supervision.
17. Soliciting. No soliciting, delivering of handbills, or peddling is allowed without the written
permission of the Park Owner.
18. Trash Receptacles and Storage. All trash shall be placed in tied trash bags and placed in proper
bear-proof receptacles. Tenant shall provide sufficient approved receptacles for complete storage
of their trash and refuse pending removal. If in doubt about large trash disposal,please contact the
Property Manager for instructions.NO 50 GALLON DRUMS WILL BE ALLOWED. Trash may
be put out for pick-up only at times specified by the Park Owner or the trash removal contractor.
19. Vehicles.
(a) Parking of Vehicles. Tenants and their visitors shall park their vehicles only in their
designated parking areas. No Tenant or guest shall cause or permit blockage or
restriction of roads, driveways or other vehicles.
(b) Vehicles Maintenance. Minor vehicle maintenance is permitted when completed in a
timely manner. Rebuilding/Overhauling of vehicles on the leased premises is prohibited
but permitted in storage area.
(c) Vehicular Noise. Excessive noise of trucks, automobiles, motorcycles, motorbikes and
snowmobiles is prohibited.
(d) Speed. Speed limit in the Park is set at 5 mph for your safety and the safety of others.
(e) Inoperable Vehicles. Inoperable or unlicensed vehicles are not allowed in the Park. They
will be towed away at Tenant's expense or expense of vehicle owner.
(f) Vehicle Washing. Vehicle washing is prohibited on the Premises or within the Park.
(g) Number of Vehicles. Only two vehicles may be parked at Tenant's space at any time.
5 Tenant Intials_��
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(h) Guest Parking. Guests of tenants shall park their vehicles in areas that are specially
designated by signs by the Park Owner as "Guest Parking" areas.
20.Pets on Premises. Tenant shall be permitted to keep 2 pet(s)on the Premises with prior approval
of Park Owner, so long as said pet is not damaging 30 days' notice. Additionally, dogs must be
leashed, cleaned up after and make no excessive noise. Cats are permitted.
21. Failure to Maintain. No exterior storage of bottles, cans, boxes, refrigerators, washers, dryers,
furniture, equipment or other items shall occur. In the event that a Tenant neglects to maintain the
Tenant's space so as to have a neat and orderly appearance, the Park Owner may do so at the
expense of the Tenant and may terminate the Lease for cause.
22. Emergencies and Administration. The Park Owner, and duly appointed and authorized public
officials, are authorized to enter the Premises to affect emergency repairs or to take corrective
emergency actions where the condition within the Premises or its surrounding space, is likely- to
cause damage or injury to the utility systems within the Park, or the health, safety and welfare of
other Park residents or guests. Tenant grants to the Park Owner access and authority to enter upon
the space or into the Premises in any case of emergency for the purpose of performing such acts
as the Park Owner or local public officials in their sole discretion may deem necessary for the
safety of said property or the safety or property of others. Tenant shall hold the Park Owner
harmless for any acts performed by the. Park Owner or authorized public officials under the
foregoing grants and authorizations. The Park Owner may pass over, under or through any space
to install or repair water, sewer, or other utilities.
23. Casualty. In case of fire or other casualty, the Tenant shall give immediate notice to Park
Owner. If the leased Premises are not livable as a result of fire, the elements or by any other cause
not resulting from Tenants' 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 Tenant 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, sublessees, assignees or
successors. In such case, the Tenant's liability for the payment of rent and the performance of all
the covenants and conditions and terms hereof on the Tenant's part to be performed shall continue
and the Tenant shall be liable to the Park Owner for the damage and loss suffered by Park Owner,
including all repairs and rebuilding expenses. Park Owner shall not be responsible for any loss or
damage of Tenant's personal property.
24. Duty of Familiarity with Rules and Regulations. A major prerequisite for admittance to the
Park is that each prospective tenant demonstrate familiarity with each rule and regulation. The
principal purpose of the interviewing of prospective tenants is to determine whether the individual
or individuals have thoroughly familiarized themselves with the Park rules and regulations.
Tenants shall be presumed to know and be familiar with such rules and regulations. Ignorance of
any rule or regulation shall not be accepted as an excuse for its violation. The rules and regulations
are subject to change, and tenants will be notified of any such changes in writing. A tenant's lease
is subject to termination for failure to be familiar with, or to comply with the Rules and
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Regulations, on written notice as provided in paragraph 11(b) of this Lease Agreement and Rules
and Regulations.
25. Definitions. For the purpose of this Lease Agreement and Rules and Regulations, "Lease"
means this Lease Agreement and the Rules and Regulations incorporated herein, executed by
Tenant and the Park Owner for the rental of a cabin within the Phillips Mobile Home Park. "Park
Owner" means the Board of County Commissioners of Pitkin County, Colorado, its authorized
agents, employees or representatives thereof "Park" means the Phillips Mobile Home Park
located in Pitkin County, Colorado. "Premises" means the cabin located within the Park that is
the subject of this Lease Agreement and Rules and Regulations. "Tenant" means the party or
parties to this Lease or designated occupant of the Premises. "Approval"of the Park Owner means
a written approval which is required under the Rules and Regulations before Tenant is authorized
to do or omit an act. Approvals may be granted or withheld on a case by case basis in the sole and
unlimited discretion of the Park Owner,and without regard to different exercises of such discretion
in other cases.
26. Use of Premises and Compliance with Governmental Rules, Regulations and Orders. Tenant
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 Pitkin County, the State of Colorado, or the United
States. The Park Owner reserves the right to terminate any lease, which does not comply with
local, state and federal rules, regulations and orders. This Lease is also subject to all agreements
and protective covenants of record or off record, which agreements and covenants shall not be
violated by Tenant. Tenant 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.
27. Liability for Expense of Enforcement. Each Tenant shall be liable to the Park Owner for all
sums due the Park Owner together with all costs or expenses (including attorney's fees and other
payments to third parties) that are incurred by the Park Owner on account of any failure by the
Tenant strictly to comply with these Rules and Regulations,or on account of any action reasonably
necessary on the part of the Park Owner to enforce the terms of Tenant's Lease or to enforce the
Rules and Regulations. Unless otherwise specified, all sums which may become due to the Park
Owner from Tenant under this Lease are additional rent and shall bear interest at the rate of 1%
per month.
28. Alterations. Tenant shall not make any alterations, additions, improvements or repairs to the
Premises (other than ordinary maintenance) without the prior written consent of the Park Owner,
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 Park Owner. Any alterations, additions or improvements, when made or
attached to the Premises, shall belong to and become the property of Park Owner and shall be
surrendered upon the expiration or sooner termination of this Lease. Tenant shall not permit any
lien or other encumbrance to be filed against the Premises in connection therewith, and shall
indemnify Park Owner against such liens and encumbrances.
29. Misuse and Neglect or Injury to the Premises.
(a) Tenant shall, at his own cost and expense, take good care of the leased Premises and shall
at his own cost and expense, make all repairs required to the ceilings, walls, floors, windows,
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fixtures, paper, pipes, plumbing work and furniture, if the Premises are furnished, whenever
such damage and injury shall result from the Tenant's misuse or neglect; and, at the end or
other expiration of the terms hereof,the Tenant 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 Tenant,
in or out of the Premises, and all breakage or other injury done by the Tenant, 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 Tenant, or the family, agents,
servants, roommates or visitors of the Tenant shall be repaired by the Park Owner, at the
expense of the Tenant. The costs shall be determined on statements rendered by the Park
Owner to the Tenant and the sum so determined shall be payable to the Park Owner upon
delivery of such statements.
(c) Park Owner 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 Park Owner's affirmative act of negligence, or an
affirmative act of negligence by the Park Owner's agents or employees. The Tenant shall give
to the Park Owner 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 Park Owner with due
diligence, subject to subparagraph 33(a) and(b) above.
30. 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. Tenant waives all claims against Park Owner 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 Park Owner may receive, hereby quitclaiming ail
interest therein to Park Owner,unless otherwise prescribed by law.
31. Default and Termination. In addition to termination under paragraph 7 of this Lease (Non-
payment of Rent), if there shall be a delinquency by Tenant in the performance of any other
covenant, agreement, condition, rule or regulation herein contained or hereafter established, Park
Owner or Park Owner's agent, may terminate this Lease within a period of time not less than the
respective time period before the end of the applicable tenancy pursuant to C.R.C. § 13-40-107,
by serving a written notice to quit on Tenant or other person occupying the Premises above the
age of fifteen (15) years, or upon posting in a conspicuous place on the Premises. Should there
be any substantial violation in accordance with the provisions of C.R.S. 13-40-107.5, Park Owner
may terminate the tenancy at any time, which termination shall be effective three (3) days after
service of a written notice to quit.
The abandonment of the Premises by the Tenant as defined in C.R.S. § 38-12-501, shall constitute
a default under this Lease and all rights of Tenant shall there upon terminate. Prior to expiration
or termination, Park Owner may inspect the Premises as provided in paragraph 12 above to
determine compliance by Tenant with the terms of this Lease,including but not limited to condition
of Premises.
Upon termination of this Lease,pursuant to the preceding subparagraph or otherwise, Tenant shall
peacefully surrender the leased Premises to Park Owner, and Park Owner may,upon or at any time
after such termination, without further notice, re-enter the leased Premises and repossess it by
8 Tenant Intials j/�
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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 attorney's fees incurred by Park Owner in enforcing the provisions
contained in this paragraph. At any time after such termination, Park Owner may re-let the leased
Premises or any part thereof, in the name of the Park Owner 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 Park Owner, at its discretion, may determine, and
may collect and receive the rents therefore. Park Owner 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 Tenant of Tenant's liability and obligations under this
Lease, 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,
Tenant shall pay to Park Owner the rent required to be paid by Tenant up to the time of such
termination, and thereafter Tenant, until the end of what would have been the term of this Lease
in the absence of such termination, shall be liable to Park Owner for, and shall pay to Park Owner,
as and for liquidated and agreed damages for Tenant's default:
(a) The equivalent of the amount of Rent which would be payable under this Lease by Tenant
if this Lease were still in full force and effect, including charges for all utilities and services as
provided in this Lease.
(b) The net proceeds of any re-letting effected pursuant to the provisions of the preceding
subparagraph, after deducting all of Park Owner'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.
32. Additional Remedy Upon Default. If Tenant shall be in default hereunder as above defined,
Park Owner may, at its option, cure such default on behalf of Tenant without the exercise of its
rights as contained in paragraph 36 of this Lease, in which event Tenant shall reimburse Park
Owner 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
Tenant to Park Owner on demand and shall be recoverable as additional rent.
33. 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 Park Owner enters into
possession of the Premises and there is within the Premises furniture,furnishings,fixtures,or other
personal property of the Tenant, Park Owner shall have the right and option without liability to
Park Owner: 1) to store such property in a warehouse or other storage space provided by Park
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 Park Owner 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 Tenant to Park Owner,with any excess
over the amounts required for such purposes payable to Tenant, or (3) in the discretion of Park
Owner 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.
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34. Holding Over. Upon the expiration or sooner termination hereof, Tenant shall immediately
and without notice from Park Owner surrender possession of the Premises to Park Owner. In the
event Tenant does not so vacate the Premises,Tenant's holding over shall not be deemed a tenancy
of any kind or nature whatsoever and Tenant shall be subject to eviction proceedings without
further notice. For purposes of such proceedings, Tenant shall pay the fair rental value of the
Premises for the period of such holding over. The Tenant 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 Tenant(s)to Pitkin County during such holdover shall be credited to
against Tenant'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 Tenant shall remain subject to eviction
without further notice. If Tenant remains on the Premises,the tenancy so created shall be a tenancy
at will.
35. Applicable Law and Venue. This Lease 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.
36. 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.
37. Amendment. The rules and regulations contained herein form a part of each lease and may be
amended at any time by agreement of the Park Owner and Tenant, or without the agreement of
Tenant upon sixty (60) days written notice, except where local ordinances, state regulations or
laws or emergencies may require immediate action or compliance. Any such amendment of the
rules and regulations contained herein shall also constitute an amendment of each lease then in
effect.
38. Attorney Fees. In the event that legal action is necessary to enforce any of the provisions of
this Lease, 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 fees.
39. Applicable Law and Venue. This Lease 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.
40. 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 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 Tenant's other financial obligations hereunder.
41. Indemnity. Tenant hereby agrees to and does indemnify and hold Park Owner 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, including, but not limited to Tenant, Tenant's family, agents, servants, guests,
licensees,or invitees;and further,Tenant shall indemnify Park Owner for any payments,expenses,
costs or attorney fees incurred by Park Owner as a result of such losses, damages, injury or death
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42. Government Immunity. The parties hereto understand and agree that Park Owner is relying
on, and does not waive or intend to waive by any provision of this Lease,the monetary limitations
or any other rights,immunities,and protections provided by the Colorado Governmental Immunity
Act et seq., as from time to time amended, or otherwise available to Pitkin County, its subsidiary,
associated and/or affiliated entities, successors, or assigns; or its elected officials, employees,
agents, and volunteers.
43. Waiver. Failure of Park Owner to declare any default immediately upon occurrence thereof
and any delay in taking any action in connection therewith shall not waive such default, but Park
Owner shall have the right to declare any such default at any time.
44.Nondiscrimination.Park Owner shall not discriminate against any Tenant because of age,race,
color, religion, sex, creed, marital status, sexual orientation, public assistance status, disability,
handicap, nationality or ancestry.
45. Quiet Enjoyment. Subject to the terms of this Lease, and the faithful performance of Tenant's
obligations hereunder, Tenant shall have quiet enjoyment of the Premises during the term hereof,
provided however,that Park Owner shall not be responsible for any disturbances caused to Tenant
as a result of actions not directly attributable to Park Owner, including without limitation,
maintenance, and repair, traffic noises, construction noises and other disturbances.
46. Amendment. The rules and regulations contained herein form a part of each lease and may be
amended at any time by agreement of the Park Owner and Tenant, or without the agreement of
Tenant upon sixty (60) days written notice, except where local ordinances, state regulations or
laws or emergencies may require immediate action or compliance. Any such amendment of the
rules and regulations contained herein shall also constitute an amendment of each lease then in
effect.
47. 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.
48. Noticing. Except as otherwise provided for by law, any notice required or permitted under
this Lease shall be in writing and shall be provided by electronic delivery to the e-mail addresses
set forth below and by one of the following methods 1)hand-delivery or 2) registered or certified
mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under
this paragraph may change the address to which future notices should be sent. Electronic delivery
of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the
sender. Nothing contained herein shall be construed to preclude personal service of any notice in
the manner prescribed for personal service of a summons or other legal process.
To Park Owner: To Tenant:
Pitkin County Administration Martin Draper
530 E. Main Street, Suite 302 51 Phillips Hillside
Aspen, CO 81611 Snowmass, CO 81654
Jodi.Smith@pitkincounty.com abimax@aol.com
Phone: 970-920-5200
Cell: 970-618-3717
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With copies to:
Pitkin County Attorney
530 E. Main Street, Suite 301
Aspen, CO 81611
attorney@pitkincounty.com
IN WITNESS WHEREOF, the parties have executed this Lease Agreement and Rules and
Regulations of the Phillips Mobile Home Park on the date first above written.
PARK OWNER: TENANT:
Board of County Commissioners of
Pitkin County, Colorado
By By:
Jodi Smith, Facilities Director Martin Draper, Tenant
Date:Apr-28-2021 Date:Apr-28-2021
12 Tenant Intials l�`�
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April 1, 2021
James and Diane Weber
Phillips Mobile Home Park
Cabin No. 52
Snowmass, Colorado 81654
RE: New Lease Agreement
Dear James and Diane Weber,
Attached please find a new lease agreement with Pitkin County for a term beginning on April 1,
2021 thru April 1, 2022.
Please fill out the attached form by providing the names of each person who is living in the
cabin/mobile home and indicate if anyone is under the age of 18 years old. Then, sign the lease
agreement and keep a fully executed copy for your records.
Pitkin County looks forward to working with all tenants towards the common goal of a fair
process and good communication for the future of the park.
If you have any questions or concerns regarding the lease agreement please contact either Jodi
Smith, Facilities Director, or Michele McClinton regarding rental questions and they will be
happy to discuss them with you.
Regards,
Jodi Smith, Facilities Director
Pitkin County
Jodi.smith@pitkincounty.com
Phone no. 970-920-5396
cc; michele.mcclinton@pitkincounty.com
Phone no. 970-429-6176
DocuSign Envelope ID: F0845D6D-5297-4775-92EE-2CAB494FE2F9
Names of Persons Living in Cabin/Mobile Home
52 Phillips Hillside, Snowmass, CO 81654
Name Under 18 (Y/N)
James D weber Yes No X
Diane M Weber Yes No X
Bruce Richardson Yes No X
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
DocuSign Envelope ID: F0845D6D-5297-4775-92EE-2CAB494FE2F9
LEASE AGREEMENT
PHILLIPS MOBILE HOME PARK CABIN
THIS LEASE AGREEMENT("Lease")is made and entered into this loth day of May
2021,by the Board of County Commissioners of Pitkin County,Colorado(hereinafter called"Park
Owner), and James and Diane Weber(hereinafter called "Tenant").
1. Lease Covenant and Rent. In consideration of the payment of the rents and the keeping and
performing of the covenants and promises set forth below, Park Owner hereby leases to Tenant
the premises situated within the Phillips Mobile Home Park("Park") in Pitkin County, Colorado,
described as follows: Cabin No. 52 Phillips Riverview, Snowmass, CO 81654 (the "Premises")
commencing on April 1, 2021 for a monthly rental payment of$650.00 ("Rent"), payable on the
1st day of April, 2021 and on the same day of each succeeding month for the term of this Lease.
(a) Rent payments shall be made in the form of a personal check, cashier's check or money
order made payable to Pitkin County Treasurer and shall be deposited in one of the three drop
boxes located within the Park or mailed to Pitkin County Administration, 530 E.Main Street, Suite
304, Aspen, CO 81611.
(b) If Tenant makes any payment to Park Owner by a check which is later dishonored for any
reason, Park Owner 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. Tenant agrees to pay Park
Owner$35 for each instance that a check made payable to Pitkin County Treasurer is dishonored
in addition to a late payment charge. Park Owner,at its option,has the right to terminate this Lease
upon receiving its first dishonored check from Tenant.
(c) In the event of commencement or termination of this Lease at a time other than the
beginning or end of the specified rental period, Rent shall be prorated as of the date of
commencement or termination and in the event of termination for reasons other than default, all
prepaid Rent shall be refunded to Tenant or paid on its account.
(d)Existing tenants are not required to meet APCHA guidelines but any tenant that moves onto
any of the Phillips Property rental cabins after March 10, 2021 will have to meet all APCHA
guidelines.
2. Late Charges. Tenant shall be assessed a late charge of$25 if rent has not been paid by the
close of business on the tenth day (10th) of the month. If the loth falls on a Saturday, Sunday or
holiday, Rent will considered late on the following business day. Interest shall accrue on the
delinquent rental installment at the rate of 1% per month from the day following the due date.
Park Owner's failure to collect any late charges that have accrued shall not be deemed a waiver of
these charges and Park Owner shall be entitled to deduct all accrued and unpaid late charges out
of Tenant's Security Deposit upon termination of this Lease. Late charges shall accrue 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.
3. Right to Increase Rent. The parties agree that the Park Owner reserves the right to increase
the Tenant's rent upon sixty(60) days notice as provided herein or posted to the residence.
4. Emergency Contact. In the event of an emergency, contact the Property Manager, Hyrum
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Noyes, by calling (970) 319-7646 or Pitkin County at (970) 920-5200 during regular business
hours (M-F 8 a.m.-5 p.m.).
5. Non-Payment of Rent. Where Rent is not paid as provided in this Lease, this Lease may be
terminated at the option of the Park Owner by written notice to Tenant requiring,in the alternative,
payment of Rent or possession of the Premises,within a period of not less than three(3) days after
notice is served or posted for failure to pay Rent when due. If Rent is not paid as required in the
notice, the laws of Colorado provide that Tenant is subject to immediate eviction by appropriate
court proceedings. Attorneys or other professional fees, clean-up or disconnection costs and all
other expenses incurred by the Park Owner because of Rent delinquency or termination of the
Lease under this paragraph, or otherwise, shall be due and payable by Tenant to the Park Owner
as additional rent, and interest at 1%per month from the date demand therefor is mailed to Tenant,
delivered to some person occupying
6. Security Deposit and Last Month's Rent.
(a) Security Deposit: Tenant shall deposit with the Park Owner a deposit in the amount of
$650.00 (unless a deposit has been previously paid) as security for the faithful performance of the
terms and obligations of the Tenant provided for herein. This Security Deposit shall be held by
Park Owner, for the term of the Lease. No interest shall be paid to Tenant on the Security Deposit.
The Park Owner, at its option, may apply proceeds from the Security Deposit as partial or full
payment for any month's rent unpaid during the lease term, including late charges, after written
notice to Tenant. The Park Owner further can apply any proceeds from the Security Deposit to the
repair of damage caused to the Premises stated after written notice to Tenant. The Security Deposit
shall not be deemed the total amount for which the Tenant shall be responsible in the event of
damage caused by the Tenant,additional occupants,pets,guests,sub-lessees and any other invitees
of the Tenant. If any portion of the Security Deposit is used for unpaid rent or damage repair,then
the Security Deposit must be replenished within thirty (30) days notice to the Tenant of those
expenditures.
In the event that cause exists for retaining any portion of the Security Deposit,Park Owner not
later than sixty (60) days after the expiration or sooner termination hereof, shall provide Tenant
with payment of the unused portion of this deposit and an accounting of deductions. Said sixty
(60)days notice shall be deemed given upon deposit in the mail,regular postage pre-paid addressed
to Tenant at the address set forth in this Lease. This Security Deposit shall not be construed as
liquidated damages and shall not impair or alter remedies otherwise available to Park Owner
hereunder,or at law or in equity,including the right to proceed against the Tenant for rent,damages
or expenses not adequately covered by the deposit. In the event Tenant unlawfully attempts to
terminate this Lease or abandons the Premises, Park Owner shall be entitled to retain the entire
Security Deposit.
(b) Last Month's Rent. Tenant shall deposit with the Park Owner at the commencement of
this Lease, the sum of$650.00 in payment of the last month's rent (unless last month's rent has
been previously paid).
7. Default Failure to Cure/Abandonment. In the event of default and failure to cure, or if Tenant
abandons the Premises,or should Tenant be evicted,Park Owner,in addition to any other remedies
available to it,may re-enter the Premises without any liability to Tenant therefore, and as agent for
Tenant or otherwise,re-let the Premises. The proceeds of any re-letting shall be applied first to the
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cost and expenses, including reasonable attorney's fees, incurred by Park Owner in order to re-
enter and re-let the Premises, and then to rent liabilities, expenses and other obligations of Tenant
accrued subsequent to the date of re-entry. Tenant shall remain liable to Park Owner for all rent,
liabilities,expenses and other obligations hereunder for which recovery is not made by Park Owner
through re-letting as provided in paragraph 37 below.
The rights and remedies of Park Owner provided for herein are in addition to and not an exclusion
of any other remedies available to them at law or in equity.
7. Compliance With Rules and Regulations. Tenant agrees that Tenant and each occupant of said
Premises shall strictly and timely comply with each and every provision of the Rules and
Regulations, as they presently exist, or as they may subsequently be amended from time to time
and agrees that the same shall be incorporated herein as terms and conditions of this Lease by this
reference as if fully set forth herein.
8. Utilities.
(a) Water and Sewer. The Park Owner provides water and sewer service to the Premises (for
its presently assumed occupancy within the capacity of the present water and sewer system)
without additional charge, but without any guarantee as to adequacy or reliability of such water or
sewer service. Tenant shall keep water and sewer appliances and fixtures inside the Premises in
good working order,at the Tenant's cost.The Park Owner reserves the right to terminate or suspend
water or sewer service to affect repairs, for non-payment of Rent or special service charges, and
for excessive use, or abuse, of said water or sewer facilities. The Park Owner reserves the right to
bill for supplementary service or expense occasioned by extraordinary use or abuse of said services
by the Tenant, or any expenses occasioned by Tenant's damage to said water or sewage facilities.
(b) Other Utilities. Tenant shall, except as provided for herein, pay for all utilities, including
electric, propane, trash removal, telephone, internet, and television service in connection with the
Premises. Tenant's failure to establish and pay for electric, trash removal and propane service in
a timely fashion shall be a default hereunder.
(i) Electricity. Electricity service is not included in the Rent. Each space is separately
metered. Electricity is provided by Holy Cross Energy. Tenant shall contact Holy Cross
Energy at 3799 Hwy 82, Glenwood Springs, Colorado (970) 945-5491, to make the
necessary arrangements to establish service and to arrange for billings directly to the
Tenant.
(ii) Trash. Trash removal is not included in the Rent. Tenant shall arrange for service
with the trash collection company of Tenant's choice and make payment directly to said
company or may opt to take trash directly to the Pitkin County Landfill at Tenant's cost.
(iii) Propane. Propane is not included in the Rent. Tenant shall arrange for service
by contacting the propane company of Tenant's choice and make payment directly to said
company.
9. Notice of Intent to Terminate at End of Lease Term. If Tenant does not wish to renew this
Lease at the expiration of the term hereof, Tenant shall so notify Park Owner of its intent to vacate
the Premises on the termination date at least 30 days prior to the termination date of this Lease.
Park Owner, in its sole discretion, may determine to renew the lease or to terminate it for any
reason,including but not limited to Tenant's maintenance of the Premises as required in paragraphs
11 and 11.1 below. If Tenant does not renew for another lease term and vacates the Premises at
the end of the lease term without providing such 30-day notice, Tenant agrees that as and for
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liquidated damages, Park Owner shall be entitled to retain Tenant's Security Deposit at the end of
the lease term,plus recover from Tenant any damages or cleaning charges incurred by Park Owner
as a result of Tenant's vacation of the Premises.
10. Inspection. Park Owner or its agents shall have the right to inspect the Premises at
reasonable times during the term of this Lease upon giving reasonable notice to the Tenant of the
intent to inspect. The amount of time necessary for notice shall be governed by the circumstances
under which inspection is carried out.
11. Condition of the Premises. Tenant hereby acknowledges that Tenant has inspected the
Premises and fixtures and warrants that the same are in good condition and suitable for the use
intended at the time of taking possession of the Premises. Tenant further acknowledges that
there is no damage to the Premises, furniture or fixtures 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 Park Owner and Tenant.Tenant,at Tenant's own cost,agrees to maintain
the Premises, together with all appurtenances thereto, all fixtures and appliances, in accordance
with paragraphs 11.0 and 11.1 below, and shall at the expiration or sooner termination hereof
deliver the same to Park 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 Park Owner. Park Owner at its sole
option,may require Tenant to repair said damage at Tenant's own cost and expense,or Park Owner
may repair such damage and charge the expense thereof to Tenant as additional rent hereunder.
12. Maintenance of Premises. Tenant is required to maintain the Premises in a good order,
reasonable wear and tear excepted, and to bear the cost of necessary repairs to the Premises or to
the premises of other tenants or the Park Owner in the event the damage is caused by Tenant, or is
due to negligence, or lack of supervision of the Tenant. Tenant shall maintain the Premises in a
reasonably clean and safe manner, including the following:
(a) Keep the Premises reasonably clean, safe, and sanitary as permitted by the condition of the
Premises;
(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) Be responsible for the maintenance of grounds, lawns and the planting of grass, trees and
shrubs on the space surrounding the Premises and shall be prompt with necessary lawn care and
tree and shrub trimming thereon. There shall be no digging nor disturbance of the space
surrounding the Premises, nor should grass, flowers, trees, bushes, or shrubs be removed without
the written permission of the Park Owner. Tree trimming and pruning of shrubs belonging to
the Park should be left to the Park Owner and;
(e) Promptly notify the Park Owner 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.
(f) Tenant 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.
4 Tenant Intials �� �w
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13. Occupancy Restriction. Occupancy of the Premises is restricted to Tenant and any additional
occupants. Tenant shall not sublease or assign the Premises (or any portion of said Premises)
without the prior written consent of the Park Owner,which consent shall be given in Park Owner's
sole discretion. In the event Tenant,having obtained such written consent of the Park Owner, shall
assign or sublease this Lease to a nominee or some person,Tenant shall guarantee the performance
of the lease obligations provided for the Tenant under this lease. Any unauthorized occupancy by
such other parties will, at the option of the Park Owner, constitute
a violation of this Lease and incorporated regulations, constituting cause for termination of the
Lease.
14. Noises. Tenant shall not permit loud noises,whatever the source, from the leased Premises to
disturb the neighborhood.
15. Conduct. Tenants shall conduct themselves and require other persons upon or within the
Premises within the Tenant'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.
16. Liability for Damages. Tenant shall pay for any damage caused by their children, pets or
guests. Tenant shall be liable for any damage to buildings,grounds or the Premises if such damage
is due to their negligence, or lack of supervision.
17. Soliciting. No soliciting, delivering of handbills, or peddling is allowed without the written
permission of the Park Owner.
18. Trash Receptacles and Storage. All trash shall be placed in tied trash bags and placed in proper
bear-proof receptacles. Tenant shall provide sufficient approved receptacles for complete storage
of their trash and refuse pending removal. If in doubt about large trash disposal,please contact the
Property Manager for instructions.NO 50 GALLON DRUMS WILL BE ALLOWED. Trash may
be put out for pick-up only at times specified by the Park Owner or the trash removal contractor.
19. Vehicles.
(a) Parking of Vehicles. Tenants and their visitors shall park their vehicles only in their
designated parking areas. No Tenant or guest shall cause or permit blockage or
restriction of roads, driveways or other vehicles.
(b) Vehicles Maintenance. Minor vehicle maintenance is permitted when completed in a
timely manner. Rebuilding/Overhauling of vehicles on the leased premises is prohibited
but permitted in storage area.
(c) Vehicular Noise. Excessive noise of trucks, automobiles, motorcycles, motorbikes and
snowmobiles is prohibited.
(d) Speed. Speed limit in the Park is set at 5 mph for your safety and the safety of others.
(e) Inoperable Vehicles. Inoperable or unlicensed vehicles are not allowed in the Park. They
will be towed away at Tenant's expense or expense of vehicle owner.
(f) Vehicle Washing. Vehicle washing is prohibited on the Premises or within the Park.
(g) Number of Vehicles. Only two vehicles may be parked at Tenant's space at any time.
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(h) Guest Parking. Guests of tenants shall park their vehicles in areas that are specially
designated by signs by the Park Owner as "Guest Parking" areas.
20.Pets on Premises. Tenant shall be permitted to keep 2 pet(s)on the Premises with prior approval
of Park Owner, so long as said pet is not damaging 30 days' notice. Additionally, dogs must be
leashed, cleaned up after and make no excessive noise. Cats are permitted.
21. Failure to Maintain. No exterior storage of bottles, cans, boxes, refrigerators, washers, dryers,
furniture, equipment or other items shall occur. In the event that a Tenant neglects to maintain the
Tenant's space so as to have a neat and orderly appearance, the Park Owner may do so at the
expense of the Tenant and may terminate the Lease for cause.
22. Emergencies and Administration. The Park Owner, and duly appointed and authorized public
officials, are authorized to enter the Premises to affect emergency repairs or to take corrective
emergency actions where the condition within the Premises or its surrounding space, is likely- to
cause damage or injury to the utility systems within the Park, or the health, safety and welfare of
other Park residents or guests. Tenant grants to the Park Owner access and authority to enter upon
the space or into the Premises in any case of emergency for the purpose of performing such acts
as the Park Owner or local public officials in their sole discretion may deem necessary for the
safety of said property or the safety or property of others. Tenant shall hold the Park Owner
harmless for any acts performed by the. Park Owner or authorized public officials under the
foregoing grants and authorizations. The Park Owner may pass over, under or through any space
to install or repair water, sewer, or other utilities.
23. Casualty. In case of fire or other casualty, the Tenant shall give immediate notice to Park
Owner. If the leased Premises are not livable as a result of fire, the elements or by any other cause
not resulting from Tenants' 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 Tenant 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, sublessees, assignees or
successors. In such case, the Tenant's liability for the payment of rent and the performance of all
the covenants and conditions and terms hereof on the Tenant's part to be performed shall continue
and the Tenant shall be liable to the Park Owner for the damage and loss suffered by Park Owner,
including all repairs and rebuilding expenses. Park Owner shall not be responsible for any loss or
damage of Tenant's personal property.
24. Duty of Familiarity with Rules and Regulations. A major prerequisite for admittance to the
Park is that each prospective tenant demonstrate familiarity with each rule and regulation. The
principal purpose of the interviewing of prospective tenants is to determine whether the individual
or individuals have thoroughly familiarized themselves with the Park rules and regulations.
Tenants shall be presumed to know and be familiar with such rules and regulations. Ignorance of
any rule or regulation shall not be accepted as an excuse for its violation. The rules and regulations
are subject to change, and tenants will be notified of any such changes in writing. A tenant's lease
is subject to termination for failure to be familiar with, or to comply with the Rules and
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Regulations, on written notice as provided in paragraph 11(b) of this Lease Agreement and Rules
and Regulations.
25. Definitions. For the purpose of this Lease Agreement and Rules and Regulations, "Lease"
means this Lease Agreement and the Rules and Regulations incorporated herein, executed by
Tenant and the Park Owner for the rental of a cabin within the Phillips Mobile Home Park. "Park
Owner" means the Board of County Commissioners of Pitkin County, Colorado, its authorized
agents, employees or representatives thereof "Park" means the Phillips Mobile Home Park
located in Pitkin County, Colorado. "Premises" means the cabin located within the Park that is
the subject of this Lease Agreement and Rules and Regulations. "Tenant" means the party or
parties to this Lease or designated occupant of the Premises. "Approval"of the Park Owner means
a written approval which is required under the Rules and Regulations before Tenant is authorized
to do or omit an act. Approvals may be granted or withheld on a case by case basis in the sole and
unlimited discretion of the Park Owner,and without regard to different exercises of such discretion
in other cases.
26. Use of Premises and Compliance with Governmental Rules, Regulations and Orders. Tenant
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 Pitkin County, the State of Colorado, or the United
States. The Park Owner reserves the right to terminate any lease, which does not comply with
local, state and federal rules, regulations and orders. This Lease is also subject to all agreements
and protective covenants of record or off record, which agreements and covenants shall not be
violated by Tenant. Tenant 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.
27. Liability for Expense of Enforcement. Each Tenant shall be liable to the Park Owner for all
sums due the Park Owner together with all costs or expenses (including attorney's fees and other
payments to third parties) that are incurred by the Park Owner on account of any failure by the
Tenant strictly to comply with these Rules and Regulations,or on account of any action reasonably
necessary on the part of the Park Owner to enforce the terms of Tenant's Lease or to enforce the
Rules and Regulations. Unless otherwise specified, all sums which may become due to the Park
Owner from Tenant under this Lease are additional rent and shall bear interest at the rate of 1%
per month.
28. Alterations. Tenant shall not make any alterations, additions, improvements or repairs to the
Premises (other than ordinary maintenance) without the prior written consent of the Park Owner,
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 Park Owner. Any alterations, additions or improvements, when made or
attached to the Premises, shall belong to and become the property of Park Owner and shall be
surrendered upon the expiration or sooner termination of this Lease. Tenant shall not permit any
lien or other encumbrance to be filed against the Premises in connection therewith, and shall
indemnify Park Owner against such liens and encumbrances.
29. Misuse and Neglect or Injury to the Premises.
(a) Tenant shall, at his own cost and expense, take good care of the leased Premises and shall
at his own cost and expense, make all repairs required to the ceilings, walls, floors, windows,
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fixtures, paper, pipes, plumbing work and furniture, if the Premises are furnished, whenever
such damage and injury shall result from the Tenant's misuse or neglect; and, at the end or
other expiration of the terms hereof,the Tenant 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 Tenant,
in or out of the Premises, and all breakage or other injury done by the Tenant, 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 Tenant, or the family, agents,
servants, roommates or visitors of the Tenant shall be repaired by the Park Owner, at the
expense of the Tenant. The costs shall be determined on statements rendered by the Park
Owner to the Tenant and the sum so determined shall be payable to the Park Owner upon
delivery of such statements.
(c) Park Owner 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 Park Owner's affirmative act of negligence, or an
affirmative act of negligence by the Park Owner's agents or employees. The Tenant shall give
to the Park Owner 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 Park Owner with due
diligence, subject to subparagraph 33(a) and(b) above.
30. 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. Tenant waives all claims against Park Owner 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 Park Owner may receive, hereby quitclaiming ail
interest therein to Park Owner,unless otherwise prescribed by law.
31. Default and Termination. In addition to termination under paragraph 7 of this Lease (Non-
payment of Rent), if there shall be a delinquency by Tenant in the performance of any other
covenant, agreement, condition, rule or regulation herein contained or hereafter established, Park
Owner or Park Owner's agent, may terminate this Lease within a period of time not less than the
respective time period before the end of the applicable tenancy pursuant to C.R.C. § 13-40-107,
by serving a written notice to quit on Tenant or other person occupying the Premises above the
age of fifteen (15) years, or upon posting in a conspicuous place on the Premises. Should there
be any substantial violation in accordance with the provisions of C.R.S. 13-40-107.5, Park Owner
may terminate the tenancy at any time, which termination shall be effective three (3) days after
service of a written notice to quit.
The abandonment of the Premises by the Tenant as defined in C.R.S. § 38-12-501, shall constitute
a default under this Lease and all rights of Tenant shall there upon terminate. Prior to expiration
or termination, Park Owner may inspect the Premises as provided in paragraph 12 above to
determine compliance by Tenant with the terms of this Lease,including but not limited to condition
of Premises.
Upon termination of this Lease,pursuant to the preceding subparagraph or otherwise, Tenant shall
peacefully surrender the leased Premises to Park Owner, and Park Owner may,upon or at any time
after such termination, without further notice, re-enter the leased Premises and repossess it by
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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 attorney's fees incurred by Park Owner in enforcing the provisions
contained in this paragraph. At any time after such termination, Park Owner may re-let the leased
Premises or any part thereof, in the name of the Park Owner 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 Park Owner, at its discretion, may determine, and
may collect and receive the rents therefore. Park Owner 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 Tenant of Tenant's liability and obligations under this
Lease, 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,
Tenant shall pay to Park Owner the rent required to be paid by Tenant up to the time of such
termination, and thereafter Tenant, until the end of what would have been the term of this Lease
in the absence of such termination, shall be liable to Park Owner for, and shall pay to Park Owner,
as and for liquidated and agreed damages for Tenant's default:
(a) The equivalent of the amount of Rent which would be payable under this Lease by Tenant
if this Lease were still in full force and effect, including charges for all utilities and services as
provided in this Lease.
(b) The net proceeds of any re-letting effected pursuant to the provisions of the preceding
subparagraph, after deducting all of Park Owner'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.
32. Additional Remedy Upon Default. If Tenant shall be in default hereunder as above defined,
Park Owner may, at its option, cure such default on behalf of Tenant without the exercise of its
rights as contained in paragraph 36 of this Lease, in which event Tenant shall reimburse Park
Owner 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
Tenant to Park Owner on demand and shall be recoverable as additional rent.
33. 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 Park Owner enters into
possession of the Premises and there is within the Premises furniture,furnishings,fixtures,or other
personal property of the Tenant, Park Owner shall have the right and option without liability to
Park Owner: 1) to store such property in a warehouse or other storage space provided by Park
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 Park Owner 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 Tenant to Park Owner,with any excess
over the amounts required for such purposes payable to Tenant, or (3) in the discretion of Park
Owner 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.
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34. Holding Over. Upon the expiration or sooner termination hereof, Tenant shall immediately
and without notice from Park Owner surrender possession of the Premises to Park Owner. In the
event Tenant does not so vacate the Premises,Tenant's holding over shall not be deemed a tenancy
of any kind or nature whatsoever and Tenant shall be subject to eviction proceedings without
further notice. For purposes of such proceedings, Tenant shall pay the fair rental value of the
Premises for the period of such holding over. The Tenant 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 Tenant(s)to Pitkin County during such holdover shall be credited to
against Tenant'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 Tenant shall remain subject to eviction
without further notice. If Tenant remains on the Premises,the tenancy so created shall be a tenancy
at will.
35. Applicable Law and Venue. This Lease 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.
36. 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.
37. Amendment. The rules and regulations contained herein form a part of each lease and may be
amended at any time by agreement of the Park Owner and Tenant, or without the agreement of
Tenant upon sixty (60) days written notice, except where local ordinances, state regulations or
laws or emergencies may require immediate action or compliance. Any such amendment of the
rules and regulations contained herein shall also constitute an amendment of each lease then in
effect.
38. Attorney Fees. In the event that legal action is necessary to enforce any of the provisions of
this Lease, 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 fees.
39. Applicable Law and Venue. This Lease 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.
40. 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 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 Tenant's other financial obligations hereunder.
41. Indemnity. Tenant hereby agrees to and does indemnify and hold Park Owner 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, including, but not limited to Tenant, Tenant's family, agents, servants, guests,
licensees,or invitees;and further,Tenant shall indemnify Park Owner for any payments,expenses,
costs or attorney fees incurred by Park Owner as a result of such losses, damages, injury or death
10 Tenant Intials ia) ��
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42. Government Immunity. The parties hereto understand and agree that Park Owner is relying
on, and does not waive or intend to waive by any provision of this Lease,the monetary limitations
or any other rights,immunities,and protections provided by the Colorado Governmental Immunity
Act et seq., as from time to time amended, or otherwise available to Pitkin County, its subsidiary,
associated and/or affiliated entities, successors, or assigns; or its elected officials, employees,
agents, and volunteers.
43. Waiver. Failure of Park Owner to declare any default immediately upon occurrence thereof
and any delay in taking any action in connection therewith shall not waive such default, but Park
Owner shall have the right to declare any such default at any time.
44.Nondiscrimination.Park Owner shall not discriminate against any Tenant because of age,race,
color, religion, sex, creed, marital status, sexual orientation, public assistance status, disability,
handicap, nationality or ancestry.
45. Quiet Enjoyment. Subject to the terms of this Lease, and the faithful performance of Tenant's
obligations hereunder, Tenant shall have quiet enjoyment of the Premises during the term hereof,
provided however,that Park Owner shall not be responsible for any disturbances caused to Tenant
as a result of actions not directly attributable to Park Owner, including without limitation,
maintenance, and repair, traffic noises, construction noises and other disturbances.
46. Amendment. The rules and regulations contained herein form a part of each lease and may be
amended at any time by agreement of the Park Owner and Tenant, or without the agreement of
Tenant upon sixty (60) days written notice, except where local ordinances, state regulations or
laws or emergencies may require immediate action or compliance. Any such amendment of the
rules and regulations contained herein shall also constitute an amendment of each lease then in
effect.
47. 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.
48. Noticing. Except as otherwise provided for by law, any notice required or permitted under
this Lease shall be in writing and shall be provided by electronic delivery to the e-mail addresses
set forth below and by one of the following methods 1)hand-delivery or 2) registered or certified
mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under
this paragraph may change the address to which future notices should be sent. Electronic delivery
of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the
sender. Nothing contained herein shall be construed to preclude personal service of any notice in
the manner prescribed for personal service of a summons or other legal process.
To Park Owner: To Tenant:
Pitkin County Administration James Weber
530 E. Main Street, Suite 302 52 Phillips Hillside
Aspen, CO 81611 Snowmass, CO 81654
Jodi.Smith@pitkincounty.com jdwdmw11@yahoo.com
Phone: 970-920-5200
Cell: 970-618-3717
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With copies to:
Pitkin County Attorney Diane Weber
530 E. Main Street, Suite 301 52 Phillips Hillside
Aspen, CO 81611 Snowmass, CO 81654
attorney@pitkincounty.com
IN WITNESS WHEREOF, the parties have executed this Lease Agreement and Rules and
Regulations of the Phillips Mobile Home Park on the date first above written.
PARK OWNER: TENANT:
Board of County Commissioners of
Pitkin County, Colorado
By �aG� By: jti c,s (Paw(
Jodi Smith, Facilities Director James Weber, Tenant
Date:May-18-2021 Date:May-18-2021
�ia�n t (WA
By:
Diane Weber, Tenant
May-18-2021
Date:
12 Tenant Intials �� ��