HomeMy WebLinkAboutbocc.con.219.23 - BOCCRESIDENCE LEASE
This lease made this 1st day of August, 2023 between Sandra K Hribernik, as agent for 107 Valley Pines
Investment, LLC (The Landlord) and Pitkin County Sheriff's Office 911 Division_ (The Tenants).
In consideration of the payment of the rent and the performance of the promises by the Tenant set forth below,
the Landlord does hereby lease to the Tenants the following described residence situated in the City of Basalt,
Count of Pitkin, in the State of Colorado.
Property Address: 1400 E. Valley Road, #107, Basalt, CO, 81621
(aka Valley Pines #107)
To have and to hold the same with all appurtenances unto the said Tenants from twelve o'clock noon on the 1st
day of August, 2023, until twelve o'clock noon on the 1" day of July, 2024. Total rental charge of $36,000.00
is payable in monthly installments of $3,000.00. First month's rent of $3,000.00 for August, 2023 is paid prior
to move in. Last month's rent of $3,000.00 for July, 2024 has been paid prior to move in. A security deposit of
$3,000.00 and a new lease payment of $250.00 have been paid prior to move in.
The Tenants, in consideration of the leasing of the premises agree as follows:
1. To pay the rent for the premises above -described in a timely manner. If rent is not received by
4:30 p.m. on the 5th day of the month, Tenants agree to pay a late charge of $50.00. If rent is not
received by the 10th of the month, Tenants will be issued a 3-day eviction notice and will then be
evicted. Failure to pay rent when due will result in immediate termination of this rental agreement
and eviction.
2. In the event that Landlord receives a returned check for insufficient funds, Tenants will pay Landlord
$75.00, plus a Iate fee as described above, until the date that a good check or cash is deposited. If two
checks are returned for insufficient funds, all future payments will be required to be paid in cash or
cashier's check.
3. NO pets are allowed on the premises. Any pets found on the premises are grounds for
termination.
4. To use the premises, only as a residence and to use the premises for no purposes prohibited by the laws
of the United States, or the State of Colorado, or of the ordinances of the City in which said premises are
located, and for no improper or questionable purposes whatsoever, and to occupy the same only as a
private residence.
5. To neither hold nor attempt to hold the Landlord liable for any injury or damage occasioned by defective
wiring or by the breaking or stopping of the plumbing or sewage upon the premises, whether the
breaking or stoppage results from freezing or otherwise. To neither permit any sign or card to be placed
on the premises for rooming or boardinghouse purposes, nor to permit any room in said house to be used
for cooking or light housekeeping purposes, except the kitchen. Nor to make any alterations or change
in, upon or about the said premises without first obtaining the written consent of the Landlord.
6. To allow the Landlord to enter upon the premises at any reasonable hour with 24 hour notice, except in
an emergency.
IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LANDLORD AND TENANT AS
FOLLOWS:
All charges for water and water rents of said premises are to be paid by Landlord.
All charges for gas heating of said premises are to be paid in HOA dues.
- All charges for lighting of said premises are to be paid by Tenants.
- All charges for telephone are to be paid by Tenants.
- All charges for condominium association fees are to be paid by Landlord which includes trash pick-up
and sewer service.
7. If after the expiration of this lease, the Tenants shall remain in possession of the premises and continues to
pay rent without a written agreement as to such possession, then such tenancy shall be regarded as a
month -to -month tenancy, at a monthly rental, payable in advance, equivalent to the last month's rent paid
under the lease.
8. If the premises are left vacant and any part of the rent reserved hereunder is not paid, then the Landlord
may, without being obligated to do so, and without terminating this lease, retake possession of the said
premises and rent the same for such rent, and upon such conditions as the Landlord may think best, making
such change and repairs as may be required, giving credit for the amount of rent so received less all
expenses of such changes and repairs, and the Tenants shall be liable for the balance of the rent herein
reserved until the expiration of the term of this lease.
9. It is agreed that if the Tenants shall be in arrears in the payment of any installment of rent, or any portion
thereof, or in default of any of the covenants or agreements herein contained to be performed by the
Tenants, which default shall be uncorrected for a period of three days, Landlord may, at his option, without
liability for trespass or for damages, enter into and upon said premises, or a portion thereof, declare the
terms of this lease ended, repossess the said premises as of the Landlord's former estate, peacefully expel
and remove the Tenants, those claiming under them, or any person or persons occupying the same and
their effects, all without prejudice to any remedies available to the Landlord for arrears of rent or breach of
covenant
10.. In the event of any dispute arising under the terms of this lease, or in the event of nonpayment of any
sums arising under this lease, and in the event the matter is turned over to any attorney, the party
prevailing in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable
attorney's fees from the other party.
11. The property is accepted in its current state of cleanliness and will be returned in the same approximate
condition.
12. Tenants agree to report any hazardous conditions to the Landlord. Following this, the Tenants shall
accept full responsibility for any injury, damage, or loss regardless of the cause unless said mishap
directly results from negligence of the Landlord in remedying a prior hazardous condition, which has
been reported in writing. Injury, damage or losses may result from, but not limited to, fire, breakage,
burglary, water, windstorm, and/or electrical failure associated with any portion of the land or
improvements whereto, especially with regard to any pipes, fittings, electrical or gas lines, equipment
and/or appliances. The Tenants hereby covenant and agree to purchase needed insurance to protect
himself, his family and his guests, or Tenants may choose to self -insure by accepting fully personal
liability for such mishaps as may have been covered by commercially available insurance to offset
risk of loss or damage and to make no claim against the Landlord for any such damages or losses.
As part of this tenancy, Tenants will supply and maintain smoke detectors and fire extinguishers.
Tenants agree to make a diligent effort to report any hazardous conditions to the Landlord in
writing as soon as they are discovered to enable them to be remedied at once.
13. The Tenants warrant that the premises being rented are hereby accepted as being in good and safe
condition, unless a written exception is delivered to the Landlord within 7 days after moving into the
premises. The absence of such notice shall be conclusive proof that there was no defective or hazardous
equipment or conditions existing at the start of the tenancy.
14. To keep the improvements upon the premises, including plumbing, wiring and glass in good repair. At
the expiration of this lease to surrender the premises in as good a condition as when the Tenants entered
the premises, loss by fire and ordinary wear excepted.
15. The Tenants agree not to permit any deterioration of the premises during the period of this tenancy,
including woodwork, floors, walls, fixtures, appliances, furnishings, windows, screens, doors, plumbing,
electrical, cooling and heating, mechanical systems, lawns, landscaping, fences, utility sheds, shrubbery,
patios, etc. Tenants agree to hold Landlord harmless for injury due to snow or ice on walkways and
steps.
16. Assignment of any portion of this contract, or subleasing the premises without first obtaining written
permission of the Landlord will result in termination. Covenants contained in this rental contract, once
breached, cannot afterwards be performed, and unlawful detainee proceedings may be commenced at once
without further notice to remove the Tenants from the premises.
17. Formal written notice with provision for timely rent payment is required if there will be an intended
absence. If the premises are left unoccupied for 15 days while rent is due and unpaid, the Landlord is
authorized to take immediate possession. He will place Tenants' property in storage at site of the
Landlord's choosing at the Tenants' expense not to exceed $10.00 per day. Property left unclaimed more
than 15 days shall be presumed to have been abandoned.
The Tenants herein give the Landlord specific authority, with recourse, to dispose of
the abandoned property in any manner the Landlord chooses as full Iiquidated
damages for lost rents or damages sustained by the Landlord because of said
abandonment.
18. If the Tenants shall become insolvent, or if bankruptcy proceedings shall be initiated by or against the
Tenants during the above tenancy, the Landlord is hereby irrevocably authorized, at his option, to
immediately cancel this rental contract.
19. Tenants' use of the subject property is subject to the Rules and Regulations of the Condominium
Association, if any, so in effect and as the same may from time to tune be adopted or amended and any
statutes, ordinances, or regulations imposed by any governmental entity having jurisdiction over the
Premises. Violation of these rules may result in termination of this Lease Agreement at the option of the
Landlord.
ACCEPTED THIS 26 DAY OF JULY, 2023, AT BASALT, CO. ; By
LANDLORD:
TENANTS:
Sandra K. Hribernik, as agent for 107 Valley Pines Investment, LLC
loc_L v CAI gA
Pitkin County§1 n a Office 911 Division