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HomeMy WebLinkAboutbocc.con.269.21 - BOCC* Contract No. 269.2021 SNOWMASS VILLAGE HOUSING DEPARTMENT EMPLOYEE HOUSING LEASE This Lease is made and entered into by and between the Town of Snowmass Village Housing Department, hereinafter referred to as the "Landlord", and the "Tenant". The following Summary of Terms shall apply to the Lease. TENANT(S): Human Services—Pitkin County—Recovery Resources Please complete the following information: E-mail Address: Mailing Address: Phone: Work Phone: Emergency Contact Name: Phone#: PROJECT: SNOWMASS INN Apartment#330 a studio apartment Physical Address: 67 Daly Lane, Snowmass Village, CO 81615 LEASE TERM: Commencement Date: October 01, 2021 Termination Date: April 30, 2022 October 2021 thru April 2022 MONTHLY RENTAL: $1,500.00 (Due On the 1st); LATE RENTAL: $1,550.00 (Due After the 7th); SECURITY DEPOSIT: $250.00 (Not Last Month's Rent) AUTHORIZED VEHICLE: Auto Make: Model: _Color: Lic: TERMS & CONDITIONS: The Employee Housing Lease Terms and Conditions, attached hereto, are hereby made a part of this Lease, incorporated herein by this reference, as if set forth at length. IN WITNESS WHEREOF, the parties have executed this Lease on the 018t day of October, 2021. TOW OF OWM VILLAGE By: !� Elizab B. , H sing Director Nan °°ow;Ssral / Sundeen " tiA Signature Sig a ure Business Printed Name and Signature Janell. .uhon,Executive Director Nancy N. Sundeen, Health and Human Services Director T.w, SNOWMASS Yee HOUSING DEPARTMENT TOWN OF SNOWMASS VILLAGE EMPLOYEE HOUSING LEASE TERMS AND CONDITIONS 1. Summary of Terms. All terms set forth in this Lease which may be defined by reference to the Summary of Terms, shall have the meaning which is set forth therein. This Lease is a contract between the Landlord and the Tenant whereby the Tenant agrees to lease the Apartment for the full term and to abide by the following terms and conditions. 2. Apartment. Landlord hereby leases to Tenant the Apartment located in the Snowmass Village,Colorado,including items of Landlord's personal property. 3. Term. The term of this Lease shall commence at 12:00 o'clock the Commencement Date and shall terminate at 12:00 o'clock the Termination Date. 4. Rent. Tenant shall pay rent in twelve(12)monthly installments in the amount of Monthly Rental commencing on the Commencement Date and Continuing monthly thereafter on the first(1st)day of each succeeding month during the Lease term. 5. Late Payment of Rent. The total Monthly Rental must be received by Landlord by the seventh(7th)day of the month,or the amount of rent owing shall be increased to the Late Rental. The total Late Rental must be received by Landlord by the fourteenth(14th)day of the month;or Landlord will post a statutory notice demanding possession of the Apartment within three(3)days,if the total Late Rental is not fully paid. b. Use of the Apartment. The Apartment shall be used solely as a residence and only by those adults who have executed this Lease and by not greater than two(2)persons multiplied by the number of bedrooms in the Apartment._ Tenant shall not do or permit anything to be done on or about the Apartment that will obstruct or interfere with the rights of other Tenants of the Project,or injure or annoy them or use or allow the Apartment to be used for any unlawful purpose,nor shall Tenant cause,maintain or permit any nuisance in,on or about the Apartment or the common areas of the Project. A. Primary Residence,Tenant(s)shall use this apartment as their primary residence which is defined as the sole and exclusive place of residence.Tenant(s)must occupy the apartment a minimum of eight(8)full months or 20 days per month during the term of this lease. 7. Smoking.Smoking is not permitted inside the Apartment. Tenants and their guests who smoke must smoke outside the apartment,they shall not litter,or smoke in an area where the smoke may infiltrate another apartment. A violation of the provisions of this paragraph by the tenant shall result in the immediate termination of the lease at the option of the Landlord. 8. Repair and Maintenance. Tenant will,at Tenant's sole expense,keep and maintain the Apartment in a clean and sanitary condition and in good repair during the term of this Lease. In the event the Apartment needs any repair,Tenant shall notify Landlord immediately,who shall coordinate all repairs. Tenant shall pay the cost of all repair which is required: A. To maintain the Apartment in a clean and sanitary condition and in good repair;or B. Because of Tenant's actions or negligence;or C. To maintain the Project in a clean and sanitary condition and in good repair because of Tenant's actions or negligence. D. After Hours Services,Tenant(s)shall pay the cost of all after hours services provided unless the call is related to a true maintenance emergency.The rates charged by the service provider to the Housing Department will be the expense of the tenant(s) 1 SNOWMASS 2 e HOUSING DEPARTMENT requesting the service call. 9. Alterations and Improvements. No painting,alterations,addition or improvement to the Apartment shall be made by Tenant without the prior express written consent of Landlord. All window coverings provided by Landlord must remain in place,with no substitutions. The placement of adhesive stickers of any type on Housing property is strictly prohibited. 10. Landlord's Right of Access. Landlord may enter the Apartment at any reasonable time for the purpose of inspection,maintenance,emergency repair,and showing the Apartment to prospective Tenants,and shall leave a written notice of entry. 1 1. Nuisance. Tenant shall not abuse,damage,deface or interfere with the property of Landlord or any other tenant. If Tenant is found guilty of a violation of law in a court of competent jurisdiction other than traffic violations,such determination of the court shall result in the immediate termination of this Lease,at the option of Landlord. 12. Assignment of Lease. This Lease may not be assigned,and no part of the Apartment may be sublet. Violation of this provision constitutes a default of this lease. A. Visitors-Tenant may have visitors who stay two weeks or less. All visitors staying longer than two weeks must register with the Housing Department. l 3. Security Deposit. Landlord acknowledges receipt of the Security Deposit from Tenant to secure Tenant's faithful performance of the provisions of this Lease. The Security Deposit may be commingled with Landlord's funds without restriction. Tenant cannot designate that the Security Deposit be utilized to offset any rent or other payments owing to Landlord. The Security Deposit will be returned to Tenant in accordance with Colorado Law, not later than sixty (60) days following termination of this Lease; or Tenant will be informed in writing of the reasons why the Security Deposit,or a portion thereof, is being withheld by Landlord. To qualify for return of the Security Deposit,Tenant agrees that: A. There will be no damage to the Apartment at the time of the termination of this Lease;and B. The Apartment has been placed in a clean,orderly and sanitary condition,as verified by Landlord by an inspection scheduled during normal business hours;and C. All sums owing to Landlord have been paid in full;and D. All keys to all doors to the Apartment have been returned to Landlord;and E. Landlord will be proved with Tenant's forwarding address and telephone number. 14. Utilities and Trash Collection. All utilities shall be paid by Tenant except those paid for specifically by Landlord. All trash,garbage and debris shall be placed in dumpsters located in the Project. Large items of trash,garbage and debris which will not fit into a dumpster shall be taken by the Tenant to the Pitkin County Landfill at Tenant's sole cost and expense. Tenant shall exercise restraint and conservation in use of all utilities and trash collection. 15. Dangerous or Illegal Materials or Substances. Tenant shall not keep or have on the Apartment any article or thing of a dangerous, inflammable or explosive character that might unreasonably increase the danger of fire on the Apartment or might be considered hazardous or extra hazardous by the Landlord's insurance company. Tenant shall not allow any illegal materials or substances to be brought upon the Project or kept in the Apartment. I6. Insurance. Tenant may obtain, at Tenant's sole expense, insurance on Tenant's personal property and possessions. Landlord disclaims any liability for loss or damage to Tenant's personal property in the Apartment or the Project, from whatever cause, and recommends the Tenant obtain sufficient insurance to cover all perils on Tenant's personal possessions. Insurance which may be obtained by Landlord will not insure Tenant's personal property. 17. Condition of Apartment. Tenant stipulates that after having examined the Apartment that the Apartment is,as of the 2 1111 Tsw.zeV SNOWMASS rt- e HOUSING DEPARTMENT date hereof,in good order and repair and in a safe,clean and habitable condition. 18. Surrender of Apartment. Upon the expiration of the Lease term or upon termination of this Lease,Tenant shall quit and surrender the Apartment in good order and repair and in a safe, clean and habitable condition,normal wear and tear excepted. Tenant shall be responsible for removal of all trash,garbage and other debris accumulated on or near the Apartment to an authorized dumpster or the Pitkin County Landfill. 19. Abandonment of Apartment. If, at any time during the term of this Lease, Tenant abandons the Apartment or any part thereof, Landlord may, at Landlord's sole option, enter the Apartment by any means without being liable for any prosecution thereof; and without becoming liable to Tenant for damages or for any payment of any kind whatsoever,and may, at Landlord's sole discretion,rent the Apartment,or any part thereof, for the whole or part of the then unexpired term; and may receive and collect all rent payable by virtue of such rental; and at Landlord's option,hold Tenant liable for any difference between the rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force, and the net rent for such period realized by Landlord by means of such renting. 20. Notices. For the purposes of notice,Landlord hereby designates its address as follows; Housing Director Town of Snowmass Village 555 Deerfield Drive P.O.Box 6156 Snowmass Village,CO 81615 (970)923-2360 The address of the Tenant has been designated in the Summary of Terms 21. Pets. No pets of any kind shall be allowed in the Apartment or the Project for any reason at any time. Visitors are not allowed to bring their pets to the Apartment or the Project. If a pet is allowed in the Apartment,Landlord is authorized to contact the Town of Snowmass Village Animal Control Officer to remove the pet at the sole cost and expense of Tenant. A violation of the provisions of this paragraph by Tenant shall result in the immediate termination of this Lease,at the option of Landlord. 22. Prohibited Items. Charcoal Grills and smokers are prohibited.All types of heat producing lights including plant grow lights are prohibited. 23. Balconies and Decks. Flags,banners or signs,laundry,sheets,blankets or other clothing,material or substance of any kind shall not be hung,displayed or deposited on any balcony or deck. No storage of any item shall occur in the Project,except deck-type furniture,an outdoor gas cooking unit or a bicycle may be stored on any balcony or deck. No storage is permitted around the Apartment Buildings or in building common areas. Satellite disks may not be installed without the prior express written consent of the Landlord. 24. Vehicles and Parking. Tenant shall strictly obey all traffic control signs and parking signs in the Project. Tenant is entitled to park the Authorized Vehicle with valid license plates,designated in the Summary of Terms only,and shall be moved at least once a week to a different parking space. A. Motor homes,trailers,boats or inoperative vehicles may not be parked in the Project. B. Repairs and maintenance to motor vehicles shall not be conducted in the Project. C. All of Tenant's motor vehicles in the Project in noncompliance with the provisions of this Paragraph are illegally parked and will be removed by Landlord at the sole cost and expense of Tenant. D. One vehicle per person or per bedroom is permitted. 3 10 TswrL� � SNOWMASS reef e HOUSING DEPARTMENT Violation of the provisions of this paragraph by Tenant shall result in the immediate termination of this Lease,at the option of Landlord. 25. Noise. Tenant shall not allow noise from loudspeakers,musical instruments,persons or other causes to disturb other tenants. Tenant shall particularly respect general quiet hours between 10:00 p.m.and 7:00 a.m. Violation of the provisions of this paragraph by Tenant shall result in the immediate termination of this Lease,at the option of Landlord. 26. Rules and Regulations. The Housing Department reserves the right to enact from time to time Rules and Regulations which shall be binding upon Tenant. Upon adoption of such Rules and Regulations,Landlord shall deliver to the Tenant a copy of the Rules and Regulations,setting forth the effective date for same. 27. Default. Any violation of any provision of this Lease by Tenant,or any person upon the Apartment with Tenant's consent or permission,shall result,at the sole option of Landlord,in the immediate termination of this Lease without any requirements of advance notice,except as required by the laws of the State of Colorado. In the event Landlord is required to employ an attorney or to commence a legal action to enforce the terms of this Lease,Landlord shall be entitled to reimbursement by Tenant of its costs and attorney's fees actually incurred in connection with the employment of an attorney or as part of the judgement entered by the Court in connection with such legal action. 28. Qualified Tenant. Tenant represents and warrants to Landlord that Tenant is and will at all times during the term of this Lease be a qualified renter as follows: A. A full-time employee works fourteen hundred(1,400)hours with eight(8)to twelve(12)months per calendar year within Pitkin County,Colorado as is applicable at Tenant's place of employment,and B. Not an owner of a residential housing unit,including without limitation,a house, condominium,town home or mobile home,in the Roaring Fork River Drainage of Pitkin County,Eagle and Garfield Counties and the area from No Name to Rifle,Colorado. C. Apartment Transfer Eligibility,Only full time qualified Snowmass Village employees are eligible for apartment transfers. If,at any time during the term of this Lease,Tenant shall cease to be a qualified renter,such disqualification shall result in the immediate termination of this Lease,at the option of Landlord. 29. Renewal Notice. If Tenant desires to enter into a new Lease with Landlord at the expiration of the term of this Lease,Tenant shall provide Landlord with written notice at least forty-five(45)days prior to the termination of this Lease. Tenant's notice to Landlord does not constitute an option to renew this Lease,but is intended merely to notify Landlord of Tenant's interest in entering into a new Lease. 30. Landlord's Lien. Tenant hereby grants to Landlord a lien and security interest in all of Tenant's personal property located on the Apartment or in the Project as security for Tenant's faithful performance of the provisions of this Lease. 31. Waiver of Subrogation. Tenant releases and relieves Landlord and waives Tenant's right of recovery against Landlord for loss or damage arising out of or incident to the perils covered by Tenant's insurance coverage that occur in,on or about the Apartment or the Project. 32. Indemnification. Tenant indemnifies and holds Landlord harmless from any and all claims and damages,including without limitation,attorneys'fees and costs,arising from Tenant's use of the Apartment and the Project,unless caused by the negligence of Landlord. Landlord shall not be liable,and Tenant waives all claims,for injury or 4 T.w� SNOWMASS rtr,..ye HOUSING DEPARTMENT damage to persons or property sustained by Tenant,a guest or invitee of Tenant,in the Apartment or the Project, resulting from: A. Any part of the Apartment or the Project,equipment or appurtenances in need of repair; B. Any accident in or about the Apartment or the Project;or C. Any injury or damage resulting directly or indirectly from any act or negligence of a tenant or any other person on the Apartment or in the Project. The waiver of liability and release of Landlord shall apply especially,but not exclusively to,damage caused by water,snow,frost,excessive heat or cold,sewage,gas,odors,noise or the bursting or leakage of pipes or plumbing fixtures and shall apply whether the damages results from the act or negligence of other tenants or any other persons. 33. Binding. This Lease shall be binding upon and shall inure to the benefit of the parties,their heirs and successors in interest. PARAGRAPHS 34-38 APPLY ONLY TO CREEKSIDE BUILDINGS 1000 AND 1100 WHERE THE TENANT IS IDENTIFIED AS A QUALIFIED EMPLOYER ON THE SUMMARY OF TERMS. 34. Assignment of Lease. This Lease may not be assigned,and no part of the Apartment may be sublet. Provided, however,Landlord hereby agrees that Tenant may sublet the Apartment to a subtenant who meets the qualifications set forth above. Tenant shall remain primarily liable for the timely payment of all sums due and owing to Landlord and for compliance with all terms and conditions of this Lease. 35. Sublease Rent Limitation. The total amount of rent received by Tenant from subleasing the Apartment shall not be in excess of the total amount of the rent paid by Tenant to Landlord. 36. Termination of Sub tenancy. A sub tenancy may be terminated by the Tenant by notice in writing,served on the subtenant before the end of the applicable term of the sublease,not less than the greater of the following: A. Seven(7)days,or B. The appropriate period set forth in 13-40-107(1)CRS. The manner of service of the notice on the subtenant shall be in compliance with the provisions of 13-40-108 CRS. 37. Disclosure to Subtenant. The Tenant,at the commencement of every sub tenancy,shall disclose to the subtenant in writing,a summary of the provisions contained in 14-20-101 CRS,et.seq.,regarding forcible entry and detainer and unlawful detention. The purpose of the disclosure shall be to notify the subtenant of the statutory procedure for eviction and the costs and expenses associated therewith,which may be assessed against the subtenant. 38. Obligation of Subtenant. The Tenant shall cause the subtenant to accept and abide by the terms and conditions set forth in this Lease. Violation of the provisions of this Lease by the subtenant shall result in the immediate termination of this Lease,at the option of Landlord. 5