HomeMy WebLinkAboutbocc.con.289.22 - BOCC LEASE AGREEMENT AND RULES AND REGULATIONS PHILLIPS MOBILE HOME PARK SPACE Revised March 1, 2020
THIS LEASE AGREEMENT and the RULES AND REGULATIONS incorporated herein (“Lease”) is made and entered into this 1st day of November 2022, by the Board of County Commissioners of Pitkin County, Colorado (hereinafter called “Park Owner”), and Yiying Gao (hereinafter called "Tenant"),
WITNESSETH: 1. Lease Covenant and Rent. In consideration of the payment of the rents and the keeping and performing of the covenants and promises set forth below, Park Owner hereby leases to Tenant
the premises situated within the Phillips Mobile Home Park (“Park”) in Pitkin County, Colorado, described as follows: Space No. 29 Phillips Mobile Home Park a/k/a 29 Phillips Hillside, Snowmass, CO 81654 (the “Premises”) only for occupancy by the above-described Mobile Home, Applicants and other named occupants commencing on November 1st, 2022 for a monthly rental payment of $400.00 (“Rent”), payable on the 1st day of November, 2022 and on the same day of
each succeeding month for the term of this Lease. (a) Rent payments shall be made in the form of a personal check, cashier’s check or money order or electronic payment, made payable to Pitkin County Treasurer and shall be deposited in one of the three drop boxes located within the Park or mailed to Pitkin County Treasurer, 530 E. Main Street, Suite 201, Aspen, CO 81611.
(b) If Tenant makes any payment to Park Owner by a check which is later dishonored for any reason, Park Owner may, in addition to the other remedies available to it hereunder, require that future rental payments be made by cashier’s check or certified funds. Tenant agrees to pay Park Owner $35 for each instance that a check made payable to Pitkin County Treasurer is dishonored
in addition to a late payment charge. Park Owner, at its option, has the right to terminate this Lease
upon receiving its first dishonored check from Tenant. (c) In the event of commencement or termination of this Lease at a time other than the beginning or end of the specified rental period, Rent shall be prorated as of the date of commencement or termination and in the event of termination for reasons other than default, all
prepaid Rent shall be refunded to Tenant or paid on its account.
(d) Tenant must meet the requirements of a qualified employee, as identified in the Aspen Pitkin County Affordable Housing Guidelines in force at the time of execution of this lease
agreement, and any future adopted regulations that supersede such regulations during the term of this lease agreement. 2. Late Charges. Tenant shall be assessed a late charge of $25 if rent has not been paid by the close of business on the tenth day (10th) of the month. If the 10th falls on a Saturday, Sunday or
holiday, Rent will considered late on the following business day. Interest shall accrue on the delinquent rental installment at the rate of 1% per month from the day following the due date. Park Owner’s failure to collect any late charges that have accrued shall not be deemed a waiver of these charges and Park Owner 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 as provided
hereunder in any case where the full rent, or any portion thereof, due hereunder remains unpaid.
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Accordingly, partial payments of rent will not prevent the full late charge from being applied to the amounts due.
3. Right to Increase Rent. The parties agree that the Park Owner reserves the right to increase the
Tenant’s rent upon sixty (60) days written notice mailed to or posted on the subject mobile home. 4. Emergency Contact. In the event of an emergency Tenant shall contact the Property Manager, Hyrum Noyes at (970)319-7646 or (970)923-6397 and Jodi Smith at (970)-618-3717 during regular Pitkin County business hours (Monday through Friday 8 a.m. to 5 p.m.).
5. Non-Payment of Rent. Where Rent is not paid as provided in the Lease, this Lease may be terminated at the option of the Park Owner by written notice to Tenant requiring, in the alternative, payment of Rent or the removal of the mobile home from the Premises, within a period of not less than five (5) days after notice is served or posted on the Premises for failure to pay Rent when due.
If Rent is not paid as required in the notice, the laws of Colorado provide that Tenant and the mobile home unit are subject to immediate eviction by appropriate court proceedings. Attorneys or other professional fees, hauling, clean-up or disconnection costs and all other expenses incurred by the Park Owner because of rent delinquency or termination of the Lease under this paragraph, or otherwise, shall be due and payable by Tenant to the Park Owner as additional rent, and interest
at 1% per month from the date demand therefor is mailed to Tenant or posted on Tenant’s mobile home.
6. Security Deposit and Last Month’s Rent. (a) Tenant shall deposit with the Park Owner the sum of $ 400.00 (unless a deposit has been previously paid) as security for the faithful performance of the terms and obligations of the Tenant
provided for herein. This Security Deposit shall be held by Park Owner, for the term of the Lease. No interest shall be paid to Tenant on the Security Deposit. The Park Owner, at its option, may apply proceeds from the Security Deposit as partial or full payment for any month's rent unpaid during the lease term, including late charges, after written notice to Tenant. The Park Owner further can apply any proceeds from the Security Deposit to the repair of damage caused to the Premises
stated after written notice to Tenant. The Security Deposit shall not be deemed the total amount for which the Tenant shall be responsible in the event of damage caused by the Tenant, additional occupants, pets, guests, sub-lessees and any other invitees of the Tenant. In the event that cause exists for retaining any portion of the Security Deposit, Park Owner not
later than sixty (60) days after the expiration or sooner termination hereof, shall provide Tenant with payment of the unused portion of this deposit and an accounting of deductions. Said sixty (60) days’ notice shall be deemed given upon deposit in the mail, regular postage pre-paid addressed to Tenant at the address set forth in this Lease. This Security Deposit shall not be construed as liquidated damages and shall not impair or alter remedies otherwise available to Park
Owner 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, Park Owner shall be entitled to retain the entire Security Deposit.
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(b) Last Month’s Rent. Tenant shall deposit with the Park Owner at the commencement of this Lease, the sum of $ 400.00 in payment of the last month’s rent (unless last month’s rent has been previously paid).
7. Default Failure to Cure/Abandonment. In the event of default and failure to cure, or if Tenant abandons the Premises, or should Tenant be evicted, Park Owner, in addition to any other remedies available to it, may re-enter the Premises without any liability to Tenant therefore, and as agent for
Tenant or otherwise, re-let the Premises. The proceeds of any re-letting shall be applied first to the cost and expenses, including reasonable attorney’s fees, incurred by Park Owner in order to re-enter and re-let the Premises, and then to rent liabilities, expenses and other obligations of Tenant accrued subsequent to the date of re-entry. Tenant shall remain liable to Park Owner for all rent, liabilities, expenses and other obligations hereunder for which recovery is not made by Park Owner
through re-letting as provided in paragraph 37 below. The rights and remedies of Park Owner provided for herein are in addition to and not an exclusion of any other remedies available to them at law or in equity.
8. Compliance with Rules and Regulations. Tenant agrees that Tenant and each occupant of said
Premises shall strictly and timely comply with each and every provision of the Rules and Regulations, as they presently exist, or as they may subsequently be amended from time to time as provided therein, and agrees that the same shall be incorporated herein as terms and conditions of this Lease by this reference as if fully set forth herein.
9. Utilities. Tenant shall, except as provided for herein, pay for all utilities, including electric,
propane, trash removal, telephone, internet, and television service in connection with the Premises. Tenant’s failure to establish and pay for electric, trash removal and propane service in a timely fashion shall be a default hereunder. (a) Water and Sewer. The Park Owner provides water and sewer service to each mobile home
space (for its presently assumed occupancy within the capacity of the present water and sewer
system) without additional charge, but without any guarantee as to adequacy or reliability of such water or sewer service. Tenant shall pay and provide for and secure the prompt and proper hook-up of the Tenant’s mobile home to the water and sewer service. The Tenant shall keep water and sewer appliances and fixtures in the mobile home in good working order, at the Tenant's cost. The
Park Owner reserves the right to terminate or suspend water or sewer service to affect repairs, for
non-payment of Rent or special service charges, and for excessive use, or abuse, of said water or sewer facilities. The Park Owner reserves the right to bill for supplementary service or expense occasioned by extraordinary use or abuse of said services by the Tenant, or any expenses occasioned by Tenant's damage to said water or sewage facilities.
(b) Electricity. Electricity service is not included in the space rent. Each space is separately
metered. Electricity is provided by Holy Cross Energy. Tenant shall contact Holy Cross Energy at 3799 Hwy 82, Glenwood Springs, Colorado (970) 945-5491, to make the necessary arrangements, to establish service and to arrange for billings direct to the Tenant from the utility company.
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(ii) Trash. Trash removal is not included in the space rent. Tenant shall arrange for service with the trash collection company of Tenant’s choice and make payment directly to said company or may opt to take trash directly to the Pitkin County Landfill at Tenant’s cost.
(iii) Propane. Propane is not included in the space rent. Tenant shall arrange for service by contacting the propane company of Tenant’s choice and make payment directly to said company. 10. Applications for Rental. The Park Owner reserves the right to approve or reject applications for space rentals. The application may require Tenant to list financial references,
information regarding persons holding a security interest in the mobile home and the name and address of next of kin or similar relevant information. 11. Size or Appearance of Mobile Homes. The Park Owner has the right to approve or reject a mobile home at the time of its initial location in the park because its size and appearance do not
meet park standards. The Tenant shall not thereafter change the size or appearance without similar approval by the Park Owner. 12.Notice of Intent to Terminate Lease (a) By the Tenant. Tenant may terminate the Lease by giving the Park Owner written notice
at least thirty (30) days prior to the day the next rental payment is due under the Lease. Tenant shall remove the mobile home from the park on or before the said next rental payment date, and shall clean up and restore the leased premises to the condition the same were in when Tenant’s mobile home was originally located thereon. (b) Park Owner. In addition to termination under paragraph 4 of this Lease (Non-Payment of
Rent), Park Owner may terminate Tenant's Lease and require removal of the mobile home from the mobile home park premises by not less sixty (60) days’ notice (thirty (30) days where the mobile home is occupied by persons other than its owner) mailed to Tenant's last known address or posted at the main entrance of Tenant's mobile home, specifying one or more of the following
grounds:
(I) Failure of Tenant to comply with local ordinances, regulations, or administrative orders, or state laws and regulations relating to mobile homes or mobile home (ii) Failure of Tenant to comply with Rules and Regulations of the Phillips Mobile Home Park either established at the inception of tenancy, or thereafter amended with the consent of
Tenant, or thereafter reasonably amended without Tenant’s consent on sixty (60) days written
notice, except where local ordinances, regulations or orders, or state laws and regulations or emergency situations require immediate compliance. Tenant shall have the right to cure noncompliance under this subparagraph iii, within thirty (30) days from service or posting of notice to quit;
(iii) Condemnation or change of use of the mobile home park;
(iv) Making or causing to be made with knowledge, of false or misleading statements on an application for tenancy; (v) Any other cause specified by Colorado State law for termination of Tenant’s lease. (c) Termination by Park Owner due to Tenant Conduct. Park Owner may terminate Tenant's
Lease and require removal of the mobile home from the Park premises by not less ten (10) days’
notice mailed to Tenant's last known address or posted at the main entrance of Tenant's mobile home for conduct of the Tenant on the mobile home park premises, which constitutes an annoyance to other Tenants or occupants, or interference with the Park management.
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13. Owner Occupancy Restriction. Occupancy of leased spaces is restricted to the titled owner(s) of the mobile home and any additional occupants as set forth in the Application. Tenant shall not
sublease or assign the Premises (or any portion of said Premises except in case of sale of a mobile home as provide in paragraph 13) without the prior written consent of the Park Owner, which consent shall be given in Park Owner’s sole discretion. In the event Tenant, having obtained such written consent of the Park Owner, shall assign or sublease this Lease to a nominee or some person, Tenant shall guarantee the performance of the lease obligations provided for the Tenant under this
lease. In order for a tenant to sublease a space, written notice must be given to the County prior to the person they are proposing to sublease and they must meet the requirements of a qualified employee, as identified in the Aspen Pitkin County Affordable Housing Guidelines in force at the time of execution of this lease agreement, and any future adopted regulations that supersede such regulations during the term of this lease agreement.
Any unauthorized occupancy by such other parties will, at the option of the Park Owner, constitute a violation of this Lease and incorporated regulations, constituting cause for termination of the Lease.
14. Sale of Mobile Homes. A Tenant who intends to sell the Tenant's mobile home, or any interest therein, under circumstances where the mobile home is intended to remain on the leased premises, whether by assignment of the Lease or otherwise, shall notify the Park Owner in writing before entering into any contract or agreement with respect to such sale, and shall obtain the Park Owner's approval for assignment of the Lease, or any interest therein. Such approval shall not be
unreasonably withheld, provided that the intended assignee of the Lease meets the requirements, as identified in the Aspen Pitkin County Affordable Housing Guidelines in force at the time of execution of this lease agreement, and any future adopted regulations that supersede such regulations during the term of this lease agreement, and demonstrates reasonable financial
responsibility; enters into a new lease with the Park Owner; makes the necessary lease payments
and security deposit, acknowledges familiarity with and agrees to be bound by the Rules and Regulations of the Phillips Mobile Home Park and provided further that Tenant so selling assigning pays or secures all sums which are or will become due to the Park Owner up to and including the effective date of the transfer of any interest in the mobile home or the lease to the
purchaser. Sales of mobile homes intended to be removed from the Park, and the actual removal
thereof, shall be consented to by the Park Owner upon similar applicable terms and conditions. 15. Signs & Advertising. No signs or advertising materials will be permitted to be posted or distributed in the Park without the advance written consent of the Park Owner. Consent will not
be unreasonably withheld in the case of a single "For Sale" sign of not greater than 12 inches by
12 inches in size posted in one window of the mobile home by the owner thereof, or for reasonable posting or distribution of notices or communications of a mobile homeowners association composed exclusively of lawful tenants and occupants of the Park.
16. Noises. Tenant shall not permit loud noises, whatever the source, from the leased Premises to
disturb the neighborhood.
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17. Conduct. Tenants shall conduct themselves 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.
18. Liability for Damages. Tenant shall pay for any damage caused by their children, pets or guests. Tenant shall be liable for any damage to buildings, grounds or the Premises if such damage is due to their negligence, or lack of supervision.
19. Soliciting. No soliciting, delivering of handbills, or peddling is allowed without the written permission of the Park Owner. 20. Use of Footbridge. No tenant, occupant or guest shall use, or permit to be used the footbridge across the Roaring Fork River.
21. Trash Receptacles and Storage. All trash shall be placed in tied trash bags and placed in proper bear-proof receptacles. Tenant shall provide sufficient approved receptacles for complete storage of their trash and refuse pending removal. If in doubt about large trash disposal, please contact the Property Manager for instructions. NO 50 GALLON DRUMS WILL BE ALLOWED. Trash may
be put out for pick-up only at times specified by the Park Owner or the trash removal contractor. 22. Vehicles. (a) Parking. Tenants and their visitors shall park their vehicles only in their designated parking areas. No Tenant or guest shall cause or permit blockage or restriction of roads, driveways or
other vehicles. (b) Vehicles Maintenance. Minor vehicle maintenance is permitted when completed in a timely manner. Rebuilding/Overhauling of vehicles on the leased premises is prohibited but permitted in storage area.
(c) Vehicular Noise. Excessive noise of trucks, automobiles, motorcycles, motorbikes and
snowmobiles is prohibited. (d) Speed. Speed limit in the Park is set at 5 mph for your safety and the safety of others. (e) Inoperable Vehicles. Inoperable or unlicensed vehicles are not allowed in the Park. They will be towed away at Tenant’s expense or expense of vehicle owner.
(f) Vehicle Washing. Vehicle washing is prohibited on the Premises or within the Park.
(g) Number of Vehicles. Only two vehicles may be parked at Tenant’s space at any time. (h) Guest Parking. Guests of tenants shall park their vehicles in areas that are specially designated by signs by the Park Owner as "Guest Parking" areas.
23. Pets on Premises. Tenant shall be permitted to keep one (1) dog(s) on the Premises with prior
approval of Park Owner, so long as said dog is not damaging the Premises. In such an event, the dog shall be removed, or the lease may be terminated on 30 days’ notice. Additionally, dogs must be leashed, cleaned up after and make no excessive noise. Cats are permitted.
24. Location of Mobile Homes. Mobile homes must be parked on each lot in a uniform manner
or as specified by the Park Owner. Upon arrival in the Park, the Park Owner will instruct the driver as to the proper position for parking the mobile home.
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25. Skirting. All mobile homes shall have approved skirting installed within thirty (30) days after arrival. Thereafter such skirting shall be kept secure to prevent pets, children or debris from going beneath the mobile home.
26. Failure to Maintain. No exterior storage of bottles, cans, boxes, refrigerators, washers, dryers, furniture, equipment or other items shall occur. In the event that a Tenant neglects to maintain the Tenant's space so as to have a neat and orderly appearance, the Park Owner may do so at the expense of the Tenant and may terminate the Lease for cause.
27. Additions. No additions to mobile homes or awnings, carports, structures, fences or the like may be built unless first approved in writing by the Park Owner; if approved they must conform to applicable local building codes .
28. Transfers to Other Spaces. Transfers of mobile homes from one space to another space will be permitted with the approval of the Park Owner, provided that in all cases, all costs of the move shall be paid for by Tenant, including moving the mobile home, landscaping and clean up. 29. Emergencies and Administration. The Park Owner, and duly appointed and authorized public
officials, are authorized to enter the Premises to affect emergency repairs or to take corrective emergency actions where the condition within the Premises or its surrounding space, is likely- to cause damage or injury to the utility systems within the Park, or the health, safety and welfare of other Park residents or guests. Tenant grants to the Park Owner access and authority to enter upon the space or into the Premises in any case of emergency for the purpose of performing such acts
as the Park Owner or local public officials in their sole discretion may deem necessary for the safety of said property or the safety or property of others. Tenant shall hold the Park Owner harmless for any acts performed by the. Park Owner or authorized public officials under the foregoing grants and authorizations. The Park Owner may pass over, under or through any space
to install or repair water, sewer, or other utilities.
36. Fire Protection. Tenant shall provide and thereafter maintain in good working order in Tenant’s mobile home, an operable fire extinguisher of adequate capacity. If in doubt, the local fire department or fire Marshall should be consulted. All exits and passageways in a mobile home
shall be kept clear of obstruction. Each Tenant shall keep all space heaters, stoves and fireplaces
in safe and clean working order, and shall keep all flues and fireplaces screened and in a clean and safe condition. 30. Casualty. In case of fire or other casualty, the Tenant shall give immediate notice to Park
Owner. 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, subleases, assignees or successors. In such case, the Tenant's liability for the payment of rent and the performance of all
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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 Park Owner for the damage and loss suffered by Park Owner, including all repairs and rebuilding expenses. Park Owner shall not be responsible for any loss or
damage of Tenant's personal property. 31. Duty of Familiarity with Rules and Regulations. A major prerequisite for admittance to the Park is that each prospective tenant demonstrate familiarity with each rule and regulation. The principal purpose of the interviewing of prospective tenants is to determine whether the individual
or individuals have thoroughly familiarized themselves with the Park rules and regulations. Tenants shall be presumed to know and be familiar with such rules and regulations. Ignorance of any rule or regulation shall not be accepted as an excuse for its violation. The rules and regulations are subject to change, and tenants will be notified of any such changes in writing. A tenant’s lease is subject to termination for failure to be familiar with, or to comply with the Rules and
Regulations, on written notice as provided in paragraph 11(b) of this Lease Agreement and Rules and Regulations. 32. Definitions. For the purpose of this Lease Agreement and Rules and Regulations, “Lease” means this Lease Agreement and Rules and Regulations incorporated herein, executed by Tenant
and the Park Owner for the rental of a space or pad within the Phillips Mobile Home Park. “Park Owner" means the Board of County Commissioners of Pitkin County, Colorado, its authorized agents, employees or representatives thereof. “Park” means the Phillips Mobile Home Park located in Pitkin County, Colorado. “Premises” means that particular Space or Pad within the Park that is the subject of this Lease Agreement and Rules and Regulations. “Tenant” means any owner
or registered occupant of the Premises. "Approval” of the Park Owner means a written approval which is required under the Rules and Regulations before Tenant is authorized to do or omit an act. Except as provided in paragraph 13 (upon sale of a mobile home), approvals may be granted or withheld on a case by case basis in the sole and unlimited discretion of the Park Owner, and
without regard to different exercises of such discretion in other cases.
33. Use of Premises and Compliance with Governmental Rules, Regulations and Orders. Tenant shall use the Premises for residential and related purposes only and shall permit no activity on the Premises which will violate the laws of the Pitkin County, the State of Colorado, or the United
States. The Park Owner reserves the right to terminate any lease, which does not comply with
local, state and federal rules, regulations and orders. This Lease is also subject to all agreements and protective covenants of record or off record, which agreements and covenants shall not be violated by Tenant. 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.
34. Liability for Expense of Enforcement. Each Tenant shall be liable to the Park Owner for all sums due the Park Owner together with all costs or expenses (including attorney’s fees and other payments to third parties) that are incurred by the Park Owner on account of any failure by the
Tenant strictly to comply with these Rules and Regulations, or on account of any action reasonably
necessary on the part of the Park Owner to enforce the terms of Tenant’s Lease or to enforce the Rules and Regulations. Unless otherwise specified, all sums which may become due to the Park
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Owner from Tenant under this Lease are additional rent and shall bear interest at the rate of 1% per month.
35. 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 Park Owner 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 Park Owner may receive, hereby quitclaiming all
interest therein to Park Owner, unless otherwise prescribed by law. 36. Default and Termination. In addition to termination under paragraph 5 of this Lease (Non-payment of Rent), if there shall be a delinquency by Tenant in the performance of any other covenant, agreement, condition, rule or regulation herein contained or hereafter established, Park
Owner or Park Owner's agent, may terminate this Lease within a period of time not less than the respective time period before the end of the applicable tenancy pursuant to C.R.C. § 13-40-107, by serving a written notice to quit on Tenant or other person occupying the Premises above the age of fifteen (15) years, or upon posting in a conspicuous place on the Premises. Should there be any substantial violation in accordance with the provisions of C.R.S. 13-40-107.5, Park Owner
may terminate the tenancy at any time, which termination shall be effective three (3) days after service of a written notice to quit. The abandonment of the Premises by the Tenant as defined in C.R.S. § 38-12-501, shall constitute a default under this Lease and all rights of Tenant shall there upon terminate. Prior to expiration
or termination, Park Owner may inspect the Premises as provided in paragraph 12 above to determine compliance by Tenant with the terms of this Lease, including but not limited to condition of Premises.
Upon termination of this Lease, pursuant to the preceding subparagraph or otherwise, Tenant shall
peacefully surrender the leased Premises to Park Owner, and Park Owner 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 Tenant and remove Tenant and all other persons and property from the leased Premises. Tenant shall be responsible
for any and all costs and attorney's fees incurred by Park Owner in enforcing the provisions
contained in this paragraph. At any time after such termination, Park Owner may re-let the leased Premises or any part thereof, in the name of the Park Owner 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 Park Owner, at its discretion, may determine, and
may collect and receive the rents therefore. Park Owner 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. No termination of this Lease shall relieve Tenant of Tenant's liability and obligations under this
Lease, and such liability and obligations shall survive any such termination. In the event of any
such termination, whether or not the leased Premises or any part thereof shall have been re-let, Tenant shall pay to Park Owner the rent required to be paid by Tenant up to the time of such termination, and thereafter Tenant, until the end of what would have been the term of this Lease
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in the absence of such termination, shall be liable to Park Owner for, and shall pay to Park Owner, as and for liquidated and agreed damages for Tenant’s default: (a) The equivalent of the amount of Rent which would be payable under this Lease by Tenant
if this Lease were still in full force and effect, including charges for all utilities and services as provided in this Lease. (b) The net proceeds of any re-letting effected pursuant to the provisions of the preceding subparagraph, after deducting all of Park Owner's reasonable expenses in connection with such re-letting, including but not limited to all repossession costs, brokerage commissions, legal expenses,
attorneys' fees and expenses of preparation for such re-letting. 37. Additional Remedy Upon Default. If Tenant shall be in default hereunder as above defined, Park Owner may, at its option, cure such default on behalf of Tenant without the exercise of its rights as contained in paragraph 36 of this Lease, in which event Tenant shall reimburse Park
Owner 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 Park Owner on demand and shall be recoverable as additional rent. 38. 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 Park Owner enters into possession of the Premises and there is within the Premises furniture, furnishings, fixtures, or other personal property of the Tenant, Park Owner shall have the right and option without liability to Park Owner: 1) to store such property in a warehouse or other storage space provided by Park Owner 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 Park Owner 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 Park Owner, with any excess over the amounts required for such purposes payable to Tenant, or (3) in the discretion of Park
Owner should such property be deemed by it of small value, said property may be discarded or
destroyed. For purposes of this paragraph, an abandonment shall be determined consistent with C.R.S. § 38-12-510. 39. Holding Over. Upon the expiration or sooner termination hereof, Tenant shall immediately
and without notice from Park Owner surrender possession of the Premises to Park Owner. In the
event Tenant does not so 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 pay the fair rental value of the Premises for the period of such holding over. The Tenant stipulates that such rental shall be
that charged for the Premises for under this Lease, or that amount provided for in this Lease,
whichever is greater. Payments made by Tenant(s) to Pitkin County during such holdover shall be credited to against Tenant's obligation to pay the fair rental value of the Premises, but shall not create any rights in tenancy, of any kind or nature whatsoever, and Tenant shall remain subject to eviction without further notice. If Tenant remains on the Premises, the tenancy so
created shall be a tenancy at will.
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40. 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 in and of Pitkin County and the State of Colorado.
41. 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.
42. Amendment to Rules and Regulations. The rules and regulations contained herein form a part of each lease and may be amended at any time by agreement of the Park Owner and Tenant, or without the agreement of Tenant upon sixty (60) days written notice, except where local ordinances, state regulations or laws or emergencies may require immediate action or compliance.
Any such amendment of the rules and regulations contained herein shall also constitute an
amendment of each lease then in effect. 43. Attorneys’ 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’s fees. 44. 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 in and of Pitkin County
and the State of Colorado.
45. 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.
46. Indemnity. Tenant hereby agrees to and does indemnify and hold Park Owner harmless 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 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 Park Owner for any payments, expenses, costs or attorney fees incurred by Tenant as a result of such losses, damages, injury or death. 47. Government Immunity. The parties hereto understand and agree that Park Owner 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.
48. Waiver. Failure of Park Owner to declare any default immediately upon occurrence thereof and any delay in taking any action in connection therewith shall not waive such default, but Park Owner shall have the right to declare any such default at any time.
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49. Nondiscrimination. Park Owner shall not discriminate against any Tenant because of age, race, color, religion, sex, creed, marital status, sexual orientation, public assistance status, disability, handicap, nationality or ancestry.
50. 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 Park Owner shall not be responsible for any disturbances caused to Tenant as a result of actions not directly attributable to Park Owner, including without limitation,
maintenance, and repair, traffic noises, construction noises and other disturbances. 51. Amendment to Lease. Any amendments to this lease agreement must be in writing and signed by both parties.
52. 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. 53. Noticing. Any notice required or permitted under this Lease shall be in writing and shall be provided 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. Tenant shall maintain current address information to Park Owner at all times. 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. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender.
To Park Owner: To Tenant:
Pitkin County Administration Yiying Gao 530 E. Main Street, Suite 302 29 Phillips Hillside Aspen, CO 81611 Snowmass, CO 81654 housing@pitkincounty.com gaoyiying8@gmail.com
Phone: 970-618-3717 Phone: 970-973-8735
With copies to: Pitkin County Attorney 530 E. Main Street, Suite 301
Aspen, CO 81611
attorney@pitkincounty.com IN WITNESS WHEREOF, this Lease Agreement, Rules, and Regulations of the Phillips Mobile Home Park have been agreed upon and approved by the parties hereto.
BOARD OF COUNTY COMMISSIONERS TENANT OF PITKIN COUNTY, COLORADO
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By___________________________________ __________________________
Patti Clapper , Chair Yiying Gao, Tenant Date:______________________________ Date:_____________________
By___________________________________ Jodi Smith, County Employee Director Date:______________________________ Oct-24-2022
10-24-2022Oct-25-2022