HomeMy WebLinkAboutbocc.con.279.21 - BOCC* Contract No. 279.2021
RESIDENCE LEASE
This Residence Lease (the "Lease") is made on 12/3//2020 (date) and is
entered into by and between Landlord (as defined below) and Tenant (as defined below). In
consideration of the payment of the Rent (as defined below), other monies due the Landlord
("Additional Rent"), and the performance of the promises by Tenant set forth below, Landlord
leases to Tenant, and Tenant accepts, the Premises described below, subject to the terms and
provisions set forth in the Lease.
PARTIES, PREMISES, AND DEFINED TERMS
I. Landlord: SV Inn & Chalet Lessee LLC (the "Landlord").
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Tenant(s): 1)p1�t1li���-�.��;�,�,.�di'��h S
[ldentify all occupants of the Premises over the age of 18] (Collectively referred to in the Lease
as the"Tenant").
2. Premises: The following described property situated in Snowmass Village, Pitkin
County, State of Colorado, described as follows: Snowmass Inn, Street Address 67 Daly Lane,
Unit(s)# 333 (the"Premises').
3. Term: Landlord leases the Premises to Tenant from twelve o'clock noon on the
7`h day of December ,2020, and until 11:00 a.m. on the 7`h_day of
May , 2021 (the"Term"). Subject to Tenant's performance of all obligations
under the Lease, including without limitation, payment of Rent and other amounts,Tenant shall
enjoy quiet possession of the Premises.
Rent: Monthly Rental is $1,500 and 00/100 dollars plus a 6% resort fee per room totaling
$1,590 and 00/100 dollars per month. Total rent for the 5 month stay totals $7,950 and 00/100
dollars. Rent shall be payable in advance,on or before four o'clock p.m. on the first day of each
calendar month during the term of the Lease at the location set forth below,without notice.
Unless otherwise provided in the Lease, all payments must be mailed to Post Office Box 5066,
Snowmass Village, Co 81615._If the Term does not begin end on the first"last day of the month,
the Rent will be prorated $50.00 per day plus a 6% Resort Fee ($53.00). The monthly payment
includes rent, cable, WiFi, and local phones calls.
Payment in full for 1st month is due the first day of the lease commencement and,or day tenant
takes possession. Deposit is due when the lease is executed. Monthly payments are due on the 1st
of each month and are to be by CC or personal check. Payments are to be made directly to SV
Inn&Chalet Lessee LLC at P.O. Box 5066 in SMV or by direct money wire,payable to SV Inn
&Chalet Lessee. If rent is not paid by the 7`I' day of the month a $100 late fee will be added. A
current, good and valid credit card is required to be on file. Credit card will be used to collect
payment if payment is not received by the 7`I' of each month no exceptions. After 10 days of
non payment the unit will be locked and tenant will not be able to access the unit until payment
in full is made.
4. Security Deposit: Before occupying the Premises, Tenant must deposit with
Landlord a security, cleaning, and damage deposit in the amount of five hundred dollars and
00/100 Dollars ($ 500) per room security for the return of the Premises at the expiration of the
Tenn in as good condition as when Tenant entered the Premises, normal wear and tear excepted,
as well as the faithful, timely and complete performance of all other terms, conditions and
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covenants of the Lease (the "Security Deposit"). A valid credit card must be kept on file as a
guarantee.
5. Occupancy: Tenant will use and occupy the Premises only as a private residence
with a maximum occupancy of 2 people. Each individual comprising Tenant has been identified
in Tenant section above.
6. Utilities: Included in Rent.
Payment: Payments will be accepted in the form of credit card or personal check with a credit
card guarantee. Payment in full for 1st month is due the first day of the lease commencement
and/or day tenant takes possession. Deposit is due when the lease is executed. Monthly payments
are due on the 1st of each month and are to be by CC or personal check. Payments are to be
made directly to SH at P.O. box 5066 in SMV or by direct wire transfer.
A current, good and valid CC is required to be on file. CC will be used if payment is not received
by the 4th of each month — no exceptions.
7 Late Payments: If any rental installment or other payment is received later than
seven (7) days after the date when due, the parties agree that Additional Rent in the amount of
One Hundred dollars (S 100), shall also be due and payable. The foregoing items shall be deemed
Additional Rent. After 10 days of non --payment the unit will be locked and tenant will not be
able to access the unit until payment in full is made.
8. Repairs and Maintenance of the Premises: The Landlord must keep all the
improvements on the Premises repaired and maintained in good order as described further in the
Lease.
9. Housekeeping: Non negotiable once a week light housekeeping service is
provided at no additional cost (garbage removal, light bathroom cleaning, change of sheets, clean
towels, and vacuuming). Landlord doesn't provide extra toiletries or supplies(TP, trash bags,
etc). Trash is to be put in the dumpsters on Campground Lane between the Snowmass Inn and
Pokolodi Lodge, please observe all trash laws.
to. Pets: Pets not permitted on the premises.
1. Smoking: Smoking is not allowed in rooms or balconies. Smoking is only
permitted in designated smoking areas 25 feet from the building. Please see front desk for
designated smoking areas.
PREMISES
12. Common Areas/Governing Documents: If the Premises includes any common
areas with any other properties that are subject to any declarations, covenants, conditions, or
restrictions by any governing documents (the "Governing Documents") pertaining to the
ned in
Premises, Tenant is granted aA11euse of use
thethose
Commonareas
Areas the
isterms
at the sole risk conditions
of Tenant and
such governing documents.
Landlord will not be held liable for any damages or injuries occasioned by such use.
13. Parking: Parking is not available on premises.
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14. Check-In Inspection, Condition of Premises and Representations: Landlord
and Tenant may conduct an inspection of the Premises at the time of possession. A check-in
inspection sheet may be completed at that time and the information contained in it will be
sufficient and satisfactory proof of the condition of the Premises at the time of possession should
a subsequent dispute arise. All systems and appliances on the Premises, including refrigerators,
stoves, microwaves, dishwashers, washers, dryers, etc., will be in working condition at the
commencement of the Term, unless specifically noted to the contrary on the check-in inspection
sheet. As of the commencement of the Lease, Tenant acknowledges that Tenant has examined
the Premises and is satisfied with the condition of the Premises, including all systems and
appliances on the Premises. Taking possession of the Premises is conclusive evidence to the fact
that the Premises arc in good order and satisfactory condition.
15. Use of Premises: Where used in this Paragraph 15, Premises includes any
Common Areas and Tenant includes Tenant's licensees and invitees. No access to Snowmass
Mountain Chalet facilities or other Snowmass Mountain Lodging amenities is allowed.
a. Occupancy of Premises: Tenant represents and warrants that Tenant has
identified all of the individuals over the age of 18 who will occupy the Premises in Paragraph 2
of the Lease and that the Premises are to be used only as a private residence for those
individuals. Landlord must approve any change to those listed as Tenants in the Lease. if Tenant
desires any change or increase to those shown as Tenants in the Lease, and provided any increase
is not in violation of applicable occupancy codes, those individuals desiring tenancy must
complete any application and approval process required by Landlord, in advance of any change,
and after Landlord's approval must execute a new Lease. If Tenant fails to obtain Landlord's
approval in advance of any change in occupancy, Tenant understands that this failure constitutes
a Default as described in the Lease. Landlord represents and warrants that it has obtained any
rental licenses as may be required in the city or county in which the Premises are located.
b. Legal Compliance: Tenant is liable for the actions of Tenant's licensees
and invitees. Tenant agrees to comply with and abide by all federal, state, county and municipal
laws and ordinances, and any Governing Documents, if applicable, in connection with the
occupancy and use of the Premises. No alcoholic beverages shall be possessed or consumed by
Tenant, or Tenant's licensees or invitees, unless the person possessing or consuming alcohol is of
legal age.No illegal drugs or controlled substances (unless specifically prescribed by a physician
for a specific person residing or present on the Premises) arc permitted on the Premises. Tenant
agrees to refrain from using the Premises in any way that may result in an increase of the rate or
cost of insurance on the Premises. No hazardous or dangerous activities arc permitted on the
Premises.
c. Rules and Regulations: Landlord shall provide Tenant with a copy of all
rules and regulations, if any, affecting the Premises, to which Tenant agrees to abide.
d. Safety: Tenant must not use the Premises in a manner that may endanger
the person or property of Landlord, co-tenants, or any person living on or near the Premises.
Tenant agrees to limit use of the Premises to those consistent with the Premises' clean, safe,
sanitary, and habitable condition.
e. Nuisance Prohibited: Neither Tenant nor Tenant's licensees or invitees
shall be a nuisance or act in any manner that would interfere with the quiet enjoyment by
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adjacent property owners or other tenants (or their invitees) of their premises. This prohibition
includes, but is not limited to, loud noises, loud music, noxious or unpleasant odors, and
disruptive behavior or actions.
16. Check-Out Procedure: The parties may, at their discretion, conduct a check-
out/walk-through of the Premises when, or immediately before, Tenant re-delivers the Premises
at the end of the Tenn.
17. Surrender of Premises: Tenant will return the Premises to Landlord at the
expiration of the Term in as good condition as when Tenant took possession of the Premises,
normal wear and tear excepted. Any deterioration or damage caused by accident, abuse,
carelessness, or negligence shall not be considered normal wear and tear. If Tenant fails to re-
deliver the Premises in appropriate condition, Landlord may restore the Premises to appropriate
condition, including repair, replacement and cleaning. The cost of any work necessitated will be
deducted from the Security Deposit, and if the Security Deposit is insufficient to cover work
performed,Tenant will be obliged to pay the additional balance.
18. Subletting or Assignment: Tenant shall neither sublet any part of the Premises
nor assign the Lease, nor any interest in the Lease, without Landlord's prior written consent.
Consent to a sublease or assignment shall be in the sole and absolute discretion of Landlord.
PAYMENTS
19. Payments/Dishonored Checks: Payments shall be deemed received when
actually delivered to, and received by, Landlord at the payment location. Dishonored checks and
any checks received late in the mail will be treated as late payments. Any additional bank and
handling charges that are assessed in the event of a dishonored check shall be deemed Additional
Rent. Landlord may require Tenant to replace any dishonored check with a money order,
cashier's check, or other good funds. Landlord may further require that all subsequent payments
after a dishonored check be paid with a money order, cashier's check, or other good funds.
20. No Offset: No assent, express or implied, to any Default of any one or more of
the agreements in the I.case will be deemed or taken to he a waiver of any succeeding or other
Default. The covenants set forth in the Lease are independent. Tenant shall have no right to
withhold or set off any Rent due Landlord.
21. Joint and Several Obligations of Tenant: If more than one person comprises
Tenant, it is expressly understood and agreed that each person comprising Tenant is jointly and
severally liable for any and all obligations of Tenant in the Lease. This means that each and
every person comprising Tenant are each, together and separately, responsible for all of Tenant's
obligations. Landlord may, at its option, determine who to hold responsible.
SECURITY DEPOSIT
22. Retention or Return of Security Deposit: Landlord shall abide by any
applicable laws or ordinances requiring interest to be paid on the Security Deposit. Landlord may
retain the Security Deposit for nonpayment of Rent or Additional Rent, repair of the Premises or
Common Areas, replacement of damaged or missing items on the Premises or Common Areas,
and/or cleaning of the Premises or Common Areas beyond normal wear and tear incurred during
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b. Plumbing/Building Systems: Tenant shall be responsible for any and all
damage to the plumbing, HVAC, and electrical systems caused by Tenant's intentional, reckless
or grossly negligent use, misconduct or abuse. Such actions include, without limitation, clogging
and backing up of plumbing not attributable to ordinary wear and tear of the plumbing system,
and plumbing system freeze-ups occasioned by Tenant's negligence.
c. Keys/Locks: Tenant shall not place any additional locks on the Premises,
including, but not limited to, exterior and interior doors. Tenant shall not cause any of the locks
or cylinders in the locks to be changed or re-keyed in any manner.
d. Cleanliness of Premises: Tenant must keep the Premises and the real
property surrounding the Premises free and clear of all debris, garbage and rubbish.
DEFAULT, NOTICE, AND REMEDIES
27. Default: If Tenant is in arrears in the payment of any installment of Rent, any
Additional Rent, or in violation of any other covenants or agreements set forth in the Lease (a
"Default") and the Default remains uncorrected for a period of three (3) days after Landlord has
given written notice of the Default to Tenant pursuant to applicable law, then Landlord may, at
Landlord's option, undertake any of the following remedies without limitation: (i) declare the
Term of the Lease ended; (ii) terminate Tenant's right to possession of the Premises and re-enter
and repossess the Premises pursuant to applicable provisions of the Colorado Forcible Entry and
Unlawful Detainer statute; (iii) recover all present and future damages, costs and other relief to
which Landlord is entitled; (iv) pursue Landlord's lien remedies; (v) pursue breach of contract
remedies; and/or (vi) pursue any and all available remedies in law or equity. If possession is
terminated by reason of a Default before the Term expires, Tenant shall still be responsible for
the Rent and Additional Rent occurring for the remainder of the Term, subject to Landlord's duty
to mitigate such damages. Pursuant to §§ 13-40-104 (d.5) and (e.5), and 13-40-107.5, C.R.S.,
hereby incorporated by reference, if repeated or substantial Default(s) occur under the Lease,
Landlord may terminate Tenant's possession upon a written Notice to Quit, without a right to
cure. Upon such termination, Landlord shall have available any and all of the above-listed
remedies.
28. Abandonment: if Tenant abandons the Premises, then Landlord may, without
being obligated to do so and without terminating the Lease, retake possession of the Premises
and exercise any of the remedies contained in Paragraph 30 below.
29. Liability Indemnification/Waiver: Tenant and landlord shall each save the other
harmless and indemnified from all injury, loss, claim or damage to any person or property while
on the Premises, or arising in any way out of the negligence of the other party.
30. Re-Entry: If Landlord re-enters the Premises as a result of abandonment or a
Default by Tenant:
a. Tenant shall be liable for damages to Landlord for all loss sustained,
including, without limitation, the balance of the Rent and Additional Rent, court costs and
reasonable attorneys' fees; and
b. Tenant's personal property and the personal property of any guest, invitee,
licensee or occupant may be removed from the Premises and left on the street or alley or, at
Landlord's option, it may be removed and stored or disposed of at Landlord's sole discretion.
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Any expense related to storage of Tenant's personal property is the sole responsibility of Tenant.
Landlord shall not be deemed a bailee of the removed property, and Landlord shall not be held
liable for either civil or criminal action as a result of the removal. Tenant shall indemnify
Landlord for any expense in defending against any claim by Tenant or third-party and for any
legal expense, cost, fine or judgment awarded to any third-party as a result of Landlord's action
under the term of the Lease; and
c. Landlord may attempt to re-let the Premises for such rent and under such
terms as Landlord believes appropriate; and
d. Landlord may enter the Premises, clean and make repairs and charge
Tenant accordingly; and
e. any money that Landlord receives from Tenant shall be applied first to
Rent, Additional Rent, and other payments due; and
t'. Tenant will surrender all keys and peacefully surrender and deliver up
possession of the Premises.
ADDITIONAL PROVISIONS
31. Insurance: Landlord, in its sole discretion and for its sole benefit, shall cause the
Premises to be insured as it deems appropriate. Tenant shall have no right or claim to any
insurance or insurance proceeds. Tenant understands and agrees that Landlord has no obligation
to obtain insurance for Tenant including, but not limited to, liability, hazard, or contents
insurance. If Tenant desires insurance, Tenant is advised to obtain renter's insurance at Tenant's
sole cost and expense, and for Tenant's sole benefit.
32. Destruction or Condemnation of Premises: Landlord's and Tenant's duties and
responsibilities are as follows when destruction or condemnation of the Premises occurs:
a. Partial Destruction of the Premises: In case of partial destruction to the
Premises by fire, the elements, or other casualty, Landlord, at its discretion, may repair the
Premises with reasonable dispatch after notice of the partial destruction. Tenant shall still be
responsible for payment of Rent. If Landlord determines that the partial destruction may not be
repaired, Subparagraph (d) of this Paragraph 32 shall be effective.
b. Premises Untenable: If the Premises arc made totally untenable by fire,
the elements or other casualty, or if the building in which the Premises are located is partially
destroyed to the point where Landlord, within a reasonable time, decides not to rebuild or repair,
then Subparagraph (d) of this Paragraph 32 shall be effective.
c. Condemnation: if the whole or part of the Premises rented under the
Lease arc taken by any authority for any public or quasi-public use or purpose, then
Subparagraph (d) of this Paragraph 32 shall be effective. All damages and compensation
awarded for any taking shall be the sole property of Landlord.
d. Termination of Term: Tenant agrees that if Landlord decides not to
repair or rebuild the Premises where the destruction has occurred as described in Subparagraphs
(a) and (b) of this Paragraph 32, the Term granted by the Lease will cease and the Rent and
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Additional Rent will be prorated and payable up to the time of the cessation of the Term. A
refund will be given for the balance of any Rent paid in advance for which Tenant did not have
use of the Premises due to the cessation of the Term under the conditions of this clause. Where
the Premises have been taken due to condemnation as described in Subparagraph (c) of this
Paragraph 32, the Term of the Lease will cease and terminate on the date that possession of the
Premises is taken by the authority. Rent and Additional Rent will be prorated and payable up to
the time of the cessation of the Term. Tenant shall not hold Landlord liable for any damages as a
result of any of the acts or events described in this Subparagraph.
33. Holdover: Tenant must vacate the Premises and remove all of Tenant's personal
property from the Premises before 11:59 p.m. on the date the Term expires. Landlord may
immediately commence eviction proceedings at its sole discretion. If, after the Lease expires,
Tenant remains in possession of the Premises and continues to pay Rent without a written
agreement as to possession. then the tenancy will be regarded as a month-to-month tenancy, at a
monthly rental, payable in advance, equivalent to the last month's Rent paid under the Lease, and
subject to all the terms and conditions of the Lease.
34. Entry by Landlord: Landlord may enter the Premises at reasonable hours for
reasonable purposes (such as repairs, inspections or re-letting to prospective new tenants), after
giving reasonable notice to Tenant. Landlord may also enter the Premises in the event of an
emergency, without notice, or in the event of vacancy of the Premises, as described in Paragraph
30.
35. Guarantor: If the Lease is guaranteed, the person(s) guaranteeing the Lease
("Guarantor") absolutely guarantees Tenant's obligations and performance under the Lease.
Guarantor further agrees to be bound by the same covenants and conditions of the Lease and
makes the same warranties and representations as Tenant under the Lease. If Tenant defaults in
the performance of Tenant's obligations under the Lease, Guarantor will perform Tenant's
obligations.
36. Subordination: The Lease is subordinate to all existing and future mortgages,
deeds of trust and other security interests on the Premises.
37. Notices: All notices required to be sent under the Lease must be in writing and
either be: (i) delivered as provided by applicable law, including inter aria, §§ 13-40-101, C.R.S.,
et seq. [Colorado Forcible Entry and Unlawful Detainer statute]; (ii) personally delivered, with
proper proof of service; or(iii) sent via U.S. first class mail, postage prepaid. All notices required
to be sent to Landlord must be sent or delivered to the address where the Rent is to be paid, and
all notices required to be sent to Tenant must be sent or delivered to the Premises, unless
otherwise specified. Notwithstanding the foregoing, all notices involving or concerning §§ 13-
40-101, C.R.S., et seq. must be delivered as pro\ided in this law.
38. Attorneys' Fees: If either party fails to perform any of its obligations under the
Lease, or if a dispute arises concerning the meaning or interpretation of any provision of the
Lease, then the defaulting party or the party not prevailing in the dispute, as the case may be,
must pay any and all costs and expenses incurred by the other party in enforcing or establishing
its rights under the Lease, including, without limitation, court costs and reasonable attorneys'
fees.
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39. Governing Law: The Lease is governed by and construed in accordance with the
laws of the State of Colorado. Venue is proper in the county in which the Premises arc located.
40. Amendments and Termination: Unless otherwise provided in the Lease, the
Lease may be amended, modified. or terminated only by a written instrument executed by
Landlord and Tenant.
41 Captions: The Paragraph titles or captions in the Lease arc for convenience only
and shall not be deemed to be part of the Lease.
42. Pronouns; Joint and Several Use of Certain Terms: Whenever the terms
referred to in the Lease are singular, the same shall be deemed to mean the plural, as the context
indicates, and vice versa. All references to the "Landlord" mean Landlord and/or its authorized
agents, contractors, or employees as may be required by the specific context. All references to
"Tenant" mean each and every person comprising Tenant or an individual person or combination
of persons comprising Tenant as may be required by the specific context.
43. Waivers: No right under the Lease may be waived except by written instrument
executed by the party who is waiving that right. No waiver of any breach of any provision
contained in the Lease shall be deemed a waiver of any preceding or succeeding breach of that
provision or of any other provision contained in the Lease. No extension of time for performance
of any obligations or acts shall be deemed an extension of the time for performance of any other
obligations or acts.
44. Severability: If any term, covenant, condition, or provision of the Lease or the
application thereof to any person or circumstance is found, at any time or to any extent, to be
invalid or unenforceable, the remainder of the Lease, or the application of that term or provision
to persons or circumstances other than those to which it is held invalid or unenforceable, shall
not be affected thereby, and each provision of the Lease shall be valid and shall be enforced to
the fullest extent permitted by law.
45. Lead-Based Paint Disclosure Rule: Housing built before 1978 may contain
lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed
properly. Lead exposure is especially harmful to young children and pregnant women. Before
renting pre-I978 housing, landlords must disclose the presence of known lead-based paint and/or
lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet
on lead poisoning prevention. If the Premises were constructed before 1978, Landlord must
comply with the Lead-Based Paint Disclosure Rule,42 U.S.C. § 4852(d).
46. Other Applicable Laws: Federal, state, county and/or municipal laws and
ordinances, which are not specifically addressed in the Lease, may affect the Premises, the Lease
and the Landlord/Tenant relationship. Landlord and Tenant should consult legal counsel before
executing the Lease to ascertain such information.
47. Additional Provisions: If there are any additional agreements between the parties
or provisions with respect to the Premises, an Addendum may be attached to the Lease, which
will be incorporated by this reference as a part of the Lease. An Addendum containing additional
provisions is not attached.
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— — Landlord Tenant
THE PARTIES SHOULD INITIAL EACH PAGE OF THE LEASE AND
SIGN BELOW. EACH PARTY SHOULD RECEIVE A SIGNED COPY OF
THE LEASE AND ANY ADDENDA.
TENANT(S): LANDLORD:
TENANT 1 SV INN & CHALET LESSEE LLC
a Colorado limited liability company
By:
Signature Zack Southward
Senior Hotels Manager
Print Name
Date:
Date: - -
TENANT 2
Signature
Print Namc
Date:
GUARANTOR(if applicable):
V\
Sin lu'e `ems`n
(�U v
Print Name
Date: ` —Z -
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