HomeMy WebLinkAboutbocc.con.211.21 - BOCC Lease Agreement Attached as Contract No. 211.2021
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,APPROVING A FORM OF A LEASE AGREEMENT FOR
COUNTY OWNED HOUSING FUND UNITS AND AUTHORIZING THE FACILITIES
DIRECTOR TO ENTER INTO AND RENEW LEASE AGREEMENTS WITH LESSEES
OF PITKIN COUNTY HOUSING FUND UNITS
ORDINANCE NO. 032-2021
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, Pursuant to Section 2.8 of the Home Rule Charter leases for county owned property
over one year or if anticipated to be renewed after one year, must come before the BOCC for
approval by Ordinance, and;
WHEREAS, Pitkin County currently has 13 housing fund units, attached hereto as Exhibit A that
are the subject of lease agreements over one year and beyond and many of these leases are under
different terms therefore resulting in staff having to bring leases to the BOCC for consideration
several times a year, and;
WHEREAS, the BOCC desires to authorize the Pitkin County Facilities Director or the
Director's designee to enter into lease agreements with individuals for county owned housing
fund units in substantially the same form as attached hereto as Exhibit B and if applicable,
authorization to renew such lease agreements. Such authorization by the Director shall have the
same force and effect of law as having been accepted by Ordinance by the BOCC, and;
WHEREAS, other authorized signatures, along with the Facilities Director's signature on all
housing fund lease agreements shall be the County Attorney, County Manager or Assistant
County Manager, and;
WHEREAS, the Facilities Director shall, annually, bring an ordinance to the BOCC for a
confirmatory acceptance of the prior year's lease agreements, 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 Authorizing the Facilities Director to Enter into and Renew Lease
Agreements with Lessees of Pitkin County Housing Fund Units, and;
2. Approves the Form of the Lease Agreement, and;
3. Authorizes the Chair or the Chair's designee to sign the Ordinance and upon the
satisfaction of the County Attorney as to form, execute any other associated documents
necessary to complete this matter.
INTRODUCED AND FIRST READ ON THE 14TH DAY OF JULY, 2021 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 28TH DAY OF JULY 2021.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 15TH DAY OF
JULY, 2021.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 15TH
DAY OF JULY 2021.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 28TH DAY OF
JULY 2021.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE 29TH DAY OF JULY, 2021.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 5TH DAY OF AUGUST, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By iia By: 7Z 27-44-,7 �
Julia Ely Kelly McNicholas Kury, Chair
Deputy County Clerk
Date: sep-22-2021
APPROVED AS TO FORM: MANAGER APPROVAL
106, Eli Diu,
John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager
Revised 01-01-2021
Contract No. 211.2021
Attachment B
Approved Lease Template 06/23/21
PITKIN COUNTY EMPLOYEE HOUSING LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is made and entered into this 15th day of April,
2021 by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,having an address of 530 E.Main St., Suite 302,Aspen, Colorado("Pitkin County"
or"Landlord"), and Evelyn and Jason Cruz ("Tenant").
Lease Covenant. In consideration of the Tenant's payment of the rents and keeping and performing
the covenants, conditions, and requirements of the Lease as set forth herein, the Landlord hereby
leases to the Tenant the following premises situated in the State of Colorado, County of Eagle:(the
"Premises").
200 Lakeside Drive, Basalt CO 81621
LAKESIDE TOWNHOUSES AT WILLITS INC.
LEGAL DESCRIPTION: 200 Lakeside Drive, Basalt CO
81621
1. Lease Term. The term of this Lease shall be for one (1) year and commence on
April 15, 2021 and shall expire automatically on April 14, 2022 (the "Term") unless sooner
terminated or renewed as provided by this Lease. Except as provided in Paragraph 3, this Lease,
upon expiration, will automatically renew for the same Term and upon the same conditions set
forth herein provided that Tenant is not currently in default of any provision of this Lease or has
not previously been in default of this Lease. Any prior default by Tenant of any provision of this
Lease eliminates the right to renew.
2. Landlord's Right to Elect to Not Renew Lease. Notwithstanding anything to the
contrary and in addition to Landlord's other rights and remedies set forth in this Lease, Landlord
has the right to not renew this Lease for another term if Landlord, at Landlord's sole discretion,
elects to not renew the Lease for another Term and provides Tenant with notice of Landlord's
intent to not renew the Lease at least sixty (60) days before the expiration of the current Term.
Landlord shall not be required to provide Tenant notice of its election to not renew the Lease if
Tenant is currently or has been in default of the Lease at any time while the Lease is in effect.
3. Rent. Rent for the term of this Lease shall be the sum of$ 17,148.00 payable in
monthly installments of$ 1,429.00 ("Monthly Rent"). The first Monthly Rent payment shall be
due, along with last month's rent and Security Deposit, prior to Tenant occupying the Premises.
Monthly Rent shall be due thereafter on the first day of each calendar month until expiration of
the Term. Rent payments shall be made in the form of electronic payment or by a personal check,
cashier's check, or money order made payable to Pitkin County and delivered or mailed to
Landlord at the address of:
Pitkin County Housing
530 E. Main Street#304
Aspen, Colorado 81611
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Required: Address of unit MUST be written on the check or money order.
4. Security Deposit.As set forth above,Tenant shall provide Landlord with a Security
Deposit in the amount of$500.00,which amount shall be held during the term of this Lease. Upon
termination of the Lease or surrender and acceptance of the Premises,whichever is later, Landlord
shall return to Tenant the Security Deposit,minus any amounts lawfully retained,within sixty(60)
days. In the event Landlord retains any portion of the Security Deposit, Landlord shall provide
tenant with a written statement listing the exact reasons for retention of any portion of the Security
Deposit. This Security Deposit shall not be construed as liquidated damages and shall not impair
or alter remedies otherwise available to Landlord 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,
Landlord shall be entitled to retain the entire Security Deposit. In the event Security Deposit or
any portion thereof is used by Landlord,Tenant must replenish the Security Deposit with Landlord
within thirty(30) days of notice by Landlord to Tenant that the Security Deposit has been used by
Landlord. Tenant's failure to replenish the Security Deposit shall constitute grounds for
termination of this Lease.
5. Lease is Contingent upon Continued Employment with Pitkin County. Tenant
acknowledges that this Lease is contingent upon continued employment with Pitkin County. If
during the term of this Lease or any renewal period, the Tenant is no longer employed with Pitkin
County,this Lease shall terminate and Tenant shall be required to vacate the Premises within thirty
(30)days of the date that Tenant's employment with Pitkin County becomes final. For the purpose
of this Lease only, Tenant's employment with Pitkin County becomes final upon voluntary
resignation or, in the circumstance of involuntary termination, upon the expiration of only those
appeal rights, if any, provided in the Pitkin County Policies and Procedure Manual, as that
document may be amended from time to time. For the purpose of this Lease.
6. Other Qualifications. In addition to being employed by Pitkin County, Tenant shall
not, during the term of this lease, own or have a property interest in, whether individually or
through an entity, any other real property in the Aspen Pitkin County Housing Authority
("APCHA"), Ownership Exclusion Zone, as that term is defined in the then-in-effect APCHA
housing guidelines. Prior to occupancy of the Premises, Tenant shall comply with and qualify
under this Lease pursuant to the then-in-effect Pitkin County Revised Housing Policy. A copy of
the Pitkin County Revised Housing Policy is appended to this Lease as"Addendum A" and made
a part of this Lease by this reference. Landlord and Tenant shall execute a copy of Addendum A
at the same time as executing this Lease.
7. Late Charges and Acceleration. Tenant shall be assessed a late charge of fifty
dollars ($50.00) per day if Monthly Rent has not been paid by the close of business on the fifth
(5th)day of the month.If the fifth day of the month falls on a Saturday,Sunday or holiday,Monthly
Rent will be considered late on the following business day. Landlord's failure to collect any late
charges that have accrued shall not be deemed to be a waiver of these charges, and Landlord 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 in any case where the full Monthly Rent, or
any portion thereof, remains unpaid, including in circumstances where Tenant's payment is
dishonored. Accordingly, partial payments of Monthly Rent will not prevent the full late charge
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from being applied to the amounts due. In the event of any default in the payment of Monthly Rent
after the fifth day of the month, Landlord may choose to accelerate payment of the entire annual
rent, which shall become due and payable without any notice or demand from the Landlord. Any
failure to pay rent when due shall constitute a material breach of this Lease.
8. Inspection. Landlord 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.Reasonable notice shall be twenty-four(24)hours,unless the circumstances under
which inspection is carried out warrant a shorter period of time (e.g. risk to property or life).
9. 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 Landlord 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
9 and 10 below, and shall at the expiration or sooner termination hereof deliver the same to
Landlord 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 Landlord. Landlord at its sole option may require Tenant to
repair said damage at Tenant's own cost and expense, or Landlord may repair such damage and
charge the expense thereof to Tenant as additional rent hereunder.
10. Maintenance of Premises. 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. Promptly notify the Landlord 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;
e. Conduct himself or herself 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; and
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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.
11. Renters Insurance. Pitkin County's property insurance does not provide coverage
for any personal effects or possessions of the household members who occupy the
Premises. Therefore, Tenants are required to obtain and maintain, at their own expense, prior to
the inception date of their Lease and then throughout the Lease Term, Renters Liability Insurance
with limits of no less than one hundred thousand dollars ($100,000.00). Pitkin County shall be
named as an Additional Insured or Second Insured on the Renters Liability policy. Tenant shall
deliver a copy of the policy and renewal certificate to Pitkin County prior to Tenant occupying the
Premises and then annually upon renewal or reissuance of such policy. All such liability policies
shall provide notice to Pitkin County related to cancellation,termination, or reduction in coverage
in accordance with policy terms and conditions. Pitkin County makes no representation that the
limits of liability required to be carried by Tenant under the terms of this Lease are adequate to
protect Tenant's interests and Tenant should obtain such additional insurance or increased liability
limits as Tenant deems appropriate. Tenant is responsible for any deductible or self-insured
retention related to their Renters' Liability or Renter's Property Insurance policy/policies. Failure
to maintain the required liability insurance will be considered to be material breach of this Lease.
12. Use of the Premises. The Tenant shall use the Premises for residential and related
purposes only and shall permit no unlawful activity on the Premises. If applicable, this Lease is
also subject to all rules and regulations, agreements, and protective covenants applicable to or
burdening the Premises. 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. Home Owner Association rules and regulations must be strictly
adhered to by Tenant. Any violations or complaints are lease violations. Any fines, fees or other
penalties resulting in violation of these rules are the sole responsibility of the Tenant.
13. Smoking. All Pitkin County properties, including the Premises, are smoke free.
Tenant may not smoke tobacco or other substances on the Premises.
14. Number of Occupants. Tenant agrees that there will not be more than 4 permanent
occupant of the Premises. Tenant shall be permitted occasional overnight guests, but at no time
shall other than the named Tenant hereunder permanently occupy the Premises.
15. Pets. (Check one)
®Tenant is NOT allowed to have or keep any pets, even temporarily, on any part of the
Premises.
❑ Tenant is allowed to have the following pets on the Premises: . There is an
added$10 month fee added per approved pet to the tenant's base rent.
The unauthorized presence of any pet may subject tenant to penalties,damages, deductions
and termination of this lease. Properly trained service animals that provide assistance to
individuals with disabilities will be permitted on the Premises with the prior written consent
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of the Tenant. Tenant(s) will be responsible for the costs of defleaing, deodorizing and/or
shampooing all or any portion of the Premises if a pet has been on the Premises at any time
during the Term(whether with or without written consent of the Tenant).
16. Sublease or Assignment. The Tenant shall not sublease or assign the Premises (or
any portion of said Premise). This provision expressly prohibits use of the Premises for short term
rentals. Any violation of this provision shall constitute a material breach of this Lease.
17. Utilities. Landlord will pay or cause to be paid all charges for electricity, gas,water,
sewer and trash. Tenant shall be solely responsible for arranging and contracting for, and shall
promptly pay when due, all charges for the connection of any telephone, television and internet
services and any other utilities used in the Premises at the option of Tenant during the Lease Term.
18. Alterations. The Tenant shall not make any alterations, additions, improvements,
or repairs to the Premises (other than ordinary maintenance) without the prior written consent of
the Landlord, 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 Landlord. Any alterations, additions or improvements,
when made or attached to the Premises, shall belong to and become the property of Landlord 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 Landlord against such liens and encumbrances.
19. Misuse and Neglect or Injury to the Premises.
a. The 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, 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
Landlord, at the expense of the Tenant. The costs shall be determined on
statements rendered by the Landlord to the Tenant and the sum so
determined shall be payable to the Landlord upon delivery of such
statements.
c. The Landlord 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
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Premises, or from pipe, or plumbing works, or from any other place or
quarter,unless caused by the Landlord's affirmative act of negligence, or an
affirmative act of negligence by the Landlord's agents or employees. The
Tenant shall give to the Landlord 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 Landlord with due diligence, subject to
subparagraph 18(a) and(b) of this Lease.
20. 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 of Pitkin
County, Colorado.
21. Notices. 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 Landlord:
Board of County Commissioners of Pitkin County, Colorado
c/o Pitkin County Housing Manager
530 E. Main Street, Suite 302
Aspen, CO 81611
jodi.smith@pitkincounty.com
With a Copy to:
Pitkin County Attorney's Office
530 E. Main Street, Suite 301
Aspen, CO 81611
attorney@pitkincounty.com
To Tenant:
Evelyn and Jason Cruz
200 Lakeside Dr, Basalt Co 81621
Email: Evelyn.Cruz@aspenairport.com
Email: evelynads08@me.com
22. 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.
23. 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 Landlord shall not be responsible for any disturbances caused
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to Tenant as a result of actions not directly attributable to Landlord, including without limitation,
maintenance, and repair, traffic noises, construction noises and other disturbances.
24. 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.
25. Casualty. In case of fire or other casualty, the Tenant shall give immediate notice
to Landlord. 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, sub Tenants, 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 Landlord for the damage and loss suffered by Landlord,
including all repairs and rebuilding expenses. Landlord shall not be responsible for any loss or
damage of Tenant's personal property.
26. 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 Landlord 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 Landlord may receive, hereby quit claiming
ail interest therein to Landlord,unless otherwise prescribed by law.
27. Default and Termination. If there shall be a default in the performance of the
payment of rent or any part thereof for more than thirty (30) 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
thirty (30) 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 7
above to determine compliance by Lessee with the terms of this Agreement, including but not
limited to condition of the Premises.
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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.
The rights and remedies of Landlord provided for herein are in addition to and not an exclusion of
any other remedies available to Landlord at law or in equity.
28. Additional Remedy Upon Default. If Tenant shall be in default hereunder as above
defined, Landlord may, at its option, cure such default on behalf of Tenant without the exercise of
its rights as contained in paragraph 26 of this Lease, in which event Tenant shall reimburse
Landlord 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 Landlord on demand and shall be recoverable as additional rent.
29. 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 Landlord enters
into possession of the Premises and there is within the Premises furniture, furnishings, or other
personal property of the Tenant,Landlord shall have the right and option without liability to Tenant
to: (1)to store such property in a warehouse or other storage space provided by Landlord 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 Landlord 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 Landlord, with any excess over the amounts
required for such purposes payable to Tenant, or (3) in the discretion of Landlord said property
may be discarded or destroyed.
30. Holding Over.Upon the expiration or sooner termination of this Lease,Tenant shall
immediately and without notice from Landlord surrender possession of the Premises to Landlord.
In the event Tenant does not 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 be subject to a claim for
damages based on a pro rata rental rate for the Premises based on the then-in-effect Rent or the
fair market value of the premises, whichever is greater, for the period of such holding over.
31. Indemnity. Tenant hereby agrees to and does indemnify and hold Landlord
harmless and agrees to defend 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 that accrue during the term of this Lease,including,but not limited to Tenant,
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Tenant's family, agents,servants,guests,licensees,or invitees; and further,Tenant shall indemnify
Landlord for any payments, expenses, costs or attorney fees incurred by Landlord as a result of
such losses, damages, injury or death.
32. 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.
33. Government Immunity. The parties hereto understand and agree that Landlord 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.
34. Waiver. Failure of Landlord to declare any default immediately upon occurrence
thereof and any delay in taking any action in connection therewith shall not waive such default,
but Landlord shall have the right to declare any such default at any time.
35. Modification and Integration. This Lease and its attachments,if any, constitutes the
entire agreement between the parties with respect to the leased Premises and supersedes any prior
agreements or contracts whether oral or written. This Lease may not be modified except in writing
signed by the parties.
36. References. If Tenant provides any party with Landlord as a reference, or if any
party contacts Landlord for information regarding Tenant, Landlord will provide all information
requested by such new Landlord pertaining to Tenant's rental history, including all information
regarding timely payment of rent, adherence by the Tenant to the rules and regulations, the
condition of the Premises upon Tenant's vacation thereof, and any other information deemed
relevant to the inquiring party that Landlord does not believe constitutes confidential information.
37. 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.
38. Counterparts. This Lease may be executed in counterparts.
[Signature Page(s) Follow]
IN WITNESS WHEREOF, the parties have executed this Lease on the date first above
written.
9
Attachment B
Approved Lease Template 06/23/21
Landlord: Tenant:
Board of County Commissioners of Evelyn Cruz
Pitkin County, Colorado Jason Cruz
200 Lakeside Dr, Basalt Co 81621
w Gam-,
Sep-23-2021 Date
Oct-12-2021 Dat
2°dt: $ /4
Oct-13-2021 Date
Jodi Smith , for BOCC
Approved to Form:
low, Eli
Pitkin County Attorney
The Lease has been entered into by the Jodi smith Di rectp3rrettbiaghbi ties day of
, 2021,pursuant to Board of County Commissioners Ordinance No. 032-2021:
Oct-13-2021
10
ADDENDUM A
PITKIN COUNTY REVISED HOUSING POLICY
TO PITKIN COUNTY EMPLOYEE
HOUSING LEASE AGREEMENT
I. County Offered Units
A minimum of one(1) County employee qualified per APCHA guidelines must be seeking residence to
be eligible to apply for an identified County Unit. The income and total assets for all household members
applying must not exceed the Net Gross Income and Net Assets per household threshold set by
the APCHA Rental Unit Guidelines.
Priority for County Offered Units: The following is the priority for rental of County offered units:
Priority 1: Pitkin County full-time employees whose departments do not offer employee housing.
Priority 2: Pitkin County full-time seasonal employees who work nine(9)months or more or part-time
employees working 24-30 hours per week. Seasonal employees need to have worked at least two(2)
seasons before they can be considered for a rental unit.
Priority 3-4: Pitkin County full-time employees that work for departments who offer housing.
II. Community Offered Units
APCHA Community Units will be available based on the established Category set forth by APCHA
requirements. For community-offered units or other available housing in the area,employees should
contact APCHA at 210 East Hyman Ave., Suite 202,Aspen, CO,phone#970-920-5050 or visit their
website apcha.org.
III.Rental Rates
The rental rate for a County Unit is determined by the total household income for the Unit. The total
income is identified in the APCHA Guidelines for a specific Category. The rent will be set at no more
than the corresponding Category's maximum monthly rental rate and will be calculated based on size,
proximity to Aspen and condition/age of the Unit. County staff will determine the specific rental amount
of the Unit. Utilities shall be the responsibility of the renter and will be identified when the Unit is
offered. County-owned units will have a$l0Month fee for each approved pet if applicable
IV.Rental Procedures
When a County Unit becomes available,Human Resources will identify if the unit is needed for
relocation of a new hire within 60 days of the unit becoming available. The individual being offered the
unit must sign up with APCHA to document qualification, and Category assignment. If the unit is not
needed for relocation,then the unit will be offered to current employees.
County Units available to current employees will be announced by email to all County employees.
County rental applicants must sign up with APCHA to document qualification,and Category assignment.
Once the qualification and Category are established, County staff will execute the lease.A rental lease
must be signed prior to an employee occupying any unit. All lease agreements will be under the County
Housing administration.
V.Determination Process
liPage
Determination of priority for units for recruiting proposes will be recommended by Human Resources to
the County Manager for approval.
County Owned Units Priority: For units offered to current employees is established according to a
combination of duration/work history with Pitkin County and in Pitkin County and match number of
occupants with number of bedrooms.When two or more qualified employees receive the same priority
rating a random draw for priority will be made by APCHA. There are no other specified priorities for
County Units.
Process to be followed:
1. Advertise available unit via county-wide email to fill out form by deadline.
2. Compile a list of all who are interested,based on
a)How long has the person work for Pitkin County Government, and
b)How long has the person worked in"Pitkin County" and where.
c)Match number occupants with number of bedrooms.
3. Select the person with the most seniority working in the county gov and/or work inside Pitkin County
combined and number of occupants.
4. If there are multiple people with the same qualification, a drawing will be made by the County Housing
Team(Jodi and Michele)to ensure unbiased selection is made.
5. Once the selection is made, an offer will be made and notice sent to all other applicants.
6. Once qualified by APCHA,Housing staff will enter into a lease with that person.
7. Term of lease is 1-year
8. Each unit varieties in accepting pets and will need to be approved by the Facilities Director.
9. Each unit varies in HOA rules and regulations on Pets,parking,occupants,visitors, etc.,HOA
documents will be attached to lease issued by through the facilities department.
VI.Rental Term
County-owned units will be administered through the Housing Team Housing@pitkincounty.com
VII.Employment Termination
If a County employee in a County Unit terminates employment they must vacate the unit within 60 days
from the date of termination. Prior to the employee's last day in the unit,they must notify
Housing@pitkincounty.com and schedule a final inspection,return of keys, and transfer of utilities of
when the unit will be vacant.
Landlord: Tenant:
Board of County Commissioners of
Pitkin County, Colorado
Oct-13-2021 Date Sep-2"3V- 021 Date Oct-12-2021
Jodi Smith , for BOCC
2IPage