HomeMy WebLinkAboutbocc.con.189.22 - BOCCHousing Lease Template 06/23/21
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PITKIN COUNTY EMPLOYEE HOUSING
LEASE AGREEMENT
THIS LEASE AGREEMENT (“Lease”) is made and entered into this 1st day of June 2022
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 Pitkin: (the
“Premises”).
Address here: 200 Lakeside Drive, Basalt CO 81621
LEGAL DESCRIPTION: Lakeside Townhouses at Willits inc.
200 Lakeside Drive
Basalt, Colorado 81621
1. Lease Term. The term of this Lease shall be for one (1) year and commence on June
1, 2022 and shall expire automatically on May 31, 2023 (the “Term”) unless sooner terminated or
renewed as provided by this Lease.
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
Required: Address of unit MUST be written on the check or money order.
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4. Security Deposit. As set forth above, Tenant shall provide Landlord with a Security
Deposit in the amount of $500.00 (on file), 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 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
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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 Four (2 adult
and 2 children) 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)
X 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
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individuals with disabilities will be permitted on the Premises with the prior written consent
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 gasses, 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 Drive
Basalt Colorado 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 to
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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, Tenant's
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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.
Approved as to Form:
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BY: ________________________________ Date: ______________________
Jodi Smith, Facilities Director
PROPERTY OWNER
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
__________________________________ Date: ____________________
By: Patti Clapper, Chair
TENANT(S)
BY:_________________________________ Date:_______________________
Tenant (Print Tenant’s Name)
BY: _______________________________ Date: _______________________
Tenant (Print Tenant’s Name)
Evelyn Cruz
May-26-2022
Jun-01-2022
Jason Cruz
Jun-01-2022
Jun-04-2022