HomeMy WebLinkAboutbocc.con.218.22 - 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 Audrey Bohman and Taylor Rumble (“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: 415 AABC #E Airport Business Center, Aspen Colorado 81611
LEGAL DESCRIPTION: 415 Pacific Ave #E Aspen Colorado 81611
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 $18,912.00 payable in monthly
installments of $1,576.00 (“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.
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
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(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 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
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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
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
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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 Two (2) 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.
X 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. 1-cat
The unauthorized presence of any pet may subject the 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 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.
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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 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.
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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:
Audrey Bohman and
Taylor Rumble
415 AABC #E
Aspen Airport Business Center,
Aspen Colorado 81611
Email: Audrey.Bohman@pitkincounty.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 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.
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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.
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
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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 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
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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)
Jun-01-2022
Audrey Bohman
Audrey Bohman
Jun-01-2022
Jun-01-2022
Jun-02-2022
Jul-21-2022