HomeMy WebLinkAboutbocc.ord.041.2006AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS,
OF PITKIN COUNTY, COLORADO APPROVING THE EXECUTION OF UP TO THREE
EMPLOYEE HOUSING UNIT LEASES AT THE ASPEN/PITKIN COUNTY AIRPORT
OPERATIONS CENTER
Ordinance # %~`// -2006
1. Pitkin County, a Colorado home-rule County, is the owner, sponsor and
operator of the Aspen/Pitkin County Airport, ("Airport") located in the vicinity of Aspen,
Colorado, and has the authority to regulate commercial activities and to lease and
license space at the Airport, pursuant to, inter alia, 1973 C.R.S. 41-4-101 et sec .,, 30-
35-202, Title 10 of the Pitkin County Code, and Section 8.7.2 of the Pitkin County Home
Rule Charter.
2. Pitkin County has constructed three employee housing units in the
Airport's new Airport Operations. Center.
3. Pitkin County wishes to execute up to three separate Employee Housing
Unit Leases in a form attached hereto as Exhibit A with Lessees qualified through the
Aspen Pitkin County Housing Authority. In order to streamline the process of Lease
execution, the Board would like to grant the Director of Aviation authority to execute on
behalf of the County leases for the employee housing units as necessary without further
direction or action from the Board.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado that the Board does hereby authorize the Director of Aviation to
execute up to three separate Employee Housing Unit Leases, in a form similar to the
lease attached hereto as Exhibit A, at the Aspen/Pitkin County Airport after review and
approval as to form by the County Attorney, and without further direction or action
from the Board.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON DECEMBER 6,
2006.
PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 10TH
DAY OF DECEMBER 2006.
APPROVED AND ADOPTED UPON SECOND READING ON THE 20TH DAY OF
DECEMBER, 2006.
PUBLISHED, AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN
TIMES ON THE 24TH DAY OF DECEMBER, 2006.
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
i
Jeariett(e Jones ~ Date ~ n , hair Date
Deputy Clerk & Recorc~r /~tIG-tf~ti /l~, ~(it~ l ~_~a-~~
APPROVED AS TO FORM: MANAGER APPROVAL:
..__ _-- 3 __~ ~ ____.
-~~d.. --
John Ely
County Attorney
APPROVED AS TO CONTENT:
es P. Elwood, . E.
Director of Aviation
~~~ ~~
Hilary FI er
County Hager
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
AIRPORT OPERATIONS CENTER
EMPLOYEE HOUSING LEASE AGREEMENT
THIS AGREEMENT is made this 22nd day of December, 2006, by and between the
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a
Colorado Home-rule County, (hereinafter referred to as "County" or "Landlord") and
Jessica Green and Emmanuel Vizcaya (hereinafter referred to as "Tenant").
In consideration of the payment of the rent and performance of the promises set
forth below, County does hereby lease to the Tenant the following described Employee
Housing in Pitkin County, in the State of Colorado, described as Employee Housing unit
number 1 located at 1001 Owl Creek Road, Aspen, Colorado 81611, hereinafter referred
to as the "Premises" which employee unit is to be used only as a private residence for
qualif+ed employees of Pitkin County (and qualified members of their family), and for no
other purpose whatsoever.
IT IS MUTUALLY AGREED BY THE PARTIES AS FOLLOWS:
1.0 LEASE OF PREMISES. County hereby leases to Tenant(s) Employee Housing ~ m m
Unit No. 1 ,Pitkin County, Colorado (the Premises) for a term commencing at ~
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noon on December 22, 2006, and expiring at noon on December 31, 2007, unless ~'~" ~' N
sooner terminated as provided herein, subject to the terms and conditions of this m
Agreement, and further subject to the Exhibit attached hereto and by this reference ~ a
incorporated herein. m
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2.0 EMPLOYMENT. Tenant agrees that he shall remain employed in Pitkin County in
accordance with the terms of the current Aspen Pitkin County .Housing Authority ~~'~
Employee Housing Guidelines for Category 2 Housing through the duration of this ~ o
agreement, as a condition of this lease. In addition, of the 1,500 hours of required ~_~
annual employment within Pitkin County under the Aspen Pitkin County Housing ~a
Authority Employee Housing Guidelines, at least 1,300 hours (an average of 25 J
hours a week) of annua mployment must be as an employee either of a "Leased
Tenant" of the Aspen/Pitkin County Airport or of Pitkin County at the Aspen/Pitkin ~~
County Airport. County will review this requirement quarterly with the "Leased ~>
Tenant" management. A "Leased Tenant" is defined as a business that operates on ~ Y
airport propert~,and operates under a current lease, concession or other agreement
with County. These requirements shall be known as "the Guidelines". In the event ~~~
of termination of such employment Tenant immediately shall comply with the
Guidelines or surrender his/her right to use and occupy the employee unit.
2.1 VERIFICATION AND DOCUMENTATION FOR TENANT QUALIFICATION. Prior
to occupancy of the Premises under this lease agreement and as requested by the
County during the term of this lease at least once every two years, Tenant agrees
to furnish County a copy of Tenant's federal income tax return for the current and
prior year and any other documentation or verification necessary or deemed
Page 1 of 7 3
appropriate by County to verify Tenant's income and employment for the purpose of
qualifying Tenant for tenancy under the Guidelines. Until all of these documents
have been received and approved by the County, the tenancy shall be deemed to
be month to month. Any change in roommates or persons occupying the Premises
requires a re-qualification under the Guidelines of all the persons occupying the
lease Premises. Failure to re-qualify the entire household prior to occupancy by
any new roommate or persons intended to occupy the Premises may result in the
immediate termination of this Lease Agreement. Should the Tenant, having
previously qualified for housing by meeting the requirement as an employee of
either of a "Leased Tenant" of the Aspen/Pitkin County Airport or of Pitkin County at
the Aspen/Pitkin County Airport, and subsequently lose their employment or fall
under the required hours, this lease agreement will terminate in 60 days or at the
date specified in the current Lease Agreement, whichever is sooner.
In order to remain eligible to occupy and lease the Premises, Tenant must reside in
the Premises for a minimum of nine (9) months in any consecutive twelve (12)
month period.
3.0 RENT. The rental for the Premises for the term of this lease shall be the sum of
$6,228.00, payable in monthly installments of $519.00, commencing on January 1,
2007 and continuing on the first day of each calendar month thereafter. Tenant
shall deliver each monthly installment of $519.00 payable to Pitkin County at the
address set forth in this Lease Agreement, or at such other place as County may,
from time to time, designate in writing, on or before the first day of each calendar
month. It is expressly agreed that the discharge of the rental obligation in monthly
installments is for the convenience of Tenant only and Tenant is hereby obligated to
pay the full rent set forth in this paragraph 3.0 notwithstanding the termination of
this Lease Agreement for any reason whatsoever in advance of the expiration of
the lease term. In the event of a termination of this Lease Agreement prior to the
expiration of the full lease term the full rent set forth in the first line of this paragraph
3.0 shall become immediately due and payable. The County does not accept cash
or credit card payments, and rent must be paid in the form of a money order,
cashier's check or personal check. All checks must be made payable to Pitkin
County with the unit number noted on the check and may be physically delivered to
the Airport Administration Office during normal business hours (8am - 4:30 p.m.
Monday -Friday) or mailed to:
Aspen/ Pitkin County Airport
0233 East Airport Road, Suite A
Aspen, CO 81611
Note: Prorated rents, if applicable, will be computed by dividing the monthly
rent amount by the number of days in the appropriate month and multiplying
the quotient by the number of days in the month Tenant is entitled to
possession of the Premises.
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
3.1 Monthly rental payments shall be due and payable on or before the first day of
each month of the lease term in the form of a personal check, cashier's check or
money order (made out to Pitkin County). If Tenant makes any payment to the
County by a check which is later dishonored for any reason, the County may, in
addition to the other remedies available to it hereunder, require that future rental
payments be paid by cashier's check or certified funds. Tenant agrees to pay
County $25.00 for each instance that a check given to the County is dishonored in
addition to a late payment charge. If County receives more than one dishonored
check from Tenant during his or her tenancy, County at its option, shall have the
right to terminate this lease.
3.2 LAST MONTH'S RENT. Tenant, on execution hereof, has paid to the County
$519.00 in full as the last month's Pro Rata rent, OR tenant has agreed to a 3
month payment plan for last month's rent (LMR) hereunder:
First LMR amount paid $173 00 on move in date: December 22, 2006
Second LMR amount due' $173.00 on date: February 5, 2007
Third LMR amount due: $173.00 _ on date: March 5, 2007
This sum may be co-mingled by County with other funds to the extent allowed by
law, and shall not be construed as being held in trust for Tenant. No interest shall
be paid to Tenant on this amount. Upon the expiration or sooner termination
hereof, County may apply this amount toward unpaid rent.
3.3 UTILITIES.
Tenant shall pay for telephone and electric service. Natural gas, trash and water
will be included in the rental. Set-up and payment of utilities shall be the
responsibility of the tenant.
4.0 DEFAULT AND LATE CHARGES. Tenant shall be assessed a late charge of $25
if Tenant has not paid rent by the close of business on the FIFTH (5TH) day of the
month or the first (1st) business day after the fifth (5th) day of the month if the fifth
(5th) day of the month is a weekend or holiday. An additional late charge of $25
will be assessed for a maximum late charge per month of $50.00 after the tenth
(10th) day of the month or the first (1St) business day after the tenth (10th) day of the
month if the tenth (10th) day of the month is a weekend or holiday. County's failure
to collect any late charges that have accrued shall not be deemed to be a waiver of
these charges and County 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. Accordingly, partial payments of
rent will not prevent the full late charge from being applied to the amounts due.
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5.0 SECURITY DEPOSIT. Tenant on execution hereof, has paid to the County
$519.00 as a damage/security deposit for the faithful performance of the terms,
conditions and obligations hereof.
Security deposits shall not be considered as pre-payment of any rent or for
payment of a last month's rent. This sum represents a security deposit as
defined and described under the security deposit laws of the State of Colorado and
may be co-mingled by County with other funds to the extent allowed by law, and
shall not be construed as being held in trust for Tenant. Proceeds from this deposit
may be used to pay any amounts due to Landlord from Tenant by reason of
Tenants' failure to perform any of the covenants or conditions contained herein. No
interest shall be paid to Tenant on the security deposit. Upon the expiration or
sooner termination hereof, County may apply this deposit toward unpaid rent,
damages, cleaning, replacement, or other expenses or obligations of or chargeable
to Tenant hereunder. This security deposit shall also be applied to any unpaid
miscellaneous fees that were due from -the Tenant when incurred, including late
charges. In the event that cause exists for retaining any portion of the security
deposit, the County not later than 60 days after the expiration or sooner termination
hereof, shall provide the Tenant with payment of the unused portion of this deposit
and an accounting of deductions. Said sixty (60) day notice shall be deemed given
upon deposit in the mail, regular postage pre-paid addressed to Tenant at the
address set forth in this agreement. This security deposit shall not be construed as
liquidated damages and shall not impair or alter remedies otherwise available to
County 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 security
deposit. In the event Tenant unlawfully attempts to terminate this lease or
abandons the Premises, the County shall be entitled to retain the entire security
deposit.
5.1 In the event of default and failure to cure as described above, or if Tenant
abandons the Premises, or should Tenant be evicted, the County, in addition to any
other remedies available to it, may re-enter the Premises without any liability to
Tenant therefore, and as agent for the Tenant or otherwise, re-let the Premises.
The proceeds of any re-letting shall be applied first to the cost and expenses,
including reasonable attorneys' fees, incurred by County 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
County for all rent, liabilities, expenses and other obligations hereunder for which
recovery is not made by County through re-letting as provided in this subparagraph.
5.2 The rights and remedies of County provided for herein are in addition to and not an
exclusion of any other remedies available to County at law or in equity.
6.0 NOTICE OF INTENT TO TERMINATE AT END OF LEASE TERM. If Tenant does
not wish to renew this lease at the expiration of the term hereof, Tenant shall so
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notify County of its intent to vacate the Premises on the termination date at least 30
days prior to the termination date of this lease agreement. County in its sole
discretion, may determine to renew the lease or to terminate it for any reason,
including but not limited to tenants maintenance of the premises as required in
paragraph 9.0. If Tenant does not renew for another lease term and vacates the
Premises at the end of the lease term without providing such 30 day notice, Tenant
agrees that as and for liquidated damages, County shall be entitled to retain
Tenant's security deposit at the end of the lease term, plus recover from Tenant
any damages or cleaning charges incurred by County as a result of Tenant's
vacation of the Premises.
7.0 PETS OR ANIMALS ON PREMISES. No Tenant shall be permitted to house any
pets or animals, unless the animal is trained and certified to assist a handicapped
or disabled Tenant. Each Tenant shall be liable for the cost of repair of the
damages resulting from or inflicted by an animal harbored or kept on the Premises.
At a minimum, this shall entail the professional cleaning of all the carpets upon the
removal of the pet or the termination of the lease, whichever first occurs. Tenants
are responsible for the presence of any animals in violation of this rule (this includes
all animals that may be present, whether owned by Tenant, a friend or relative of
Tenant, or some other third party present on Tenant's premises), and will be
assessed a fine of $50.00 for every violation of this rule. In addition, the presence of
any animals in violation of this rule is considered a violation of the lease and may
result in the termination or non-renewal of lease.
8.0 USE OF PREMISES. The Premises shall be used by Tenant for private dwelling
residential purposes only and shall be occupied only by Tenant and Tenant's
immediate family, who are either minor children, or have been qualified under the
County guidelines, consisting of the following persons:
Emmanuel Vizcaya
8.1 Tenant shall have no more than a combined total of three occupants at any one
time. Occupancy by any guest shall be limited to seven (7) consecutive days, or a
total of fourteen (14) days during the term hereof unless the County otherwise
consents in writing.
8.2 Tenant must notify County in writing of persons that will occupy the unit in Tenant's
absence for periods of one week or longer.
8.3 Tenant's use and occupancy of the Premises (as well as the use and occupancy of
the Premises by all of Tenant's guests, family, agents or invitees) shall be subject to
the applicable County rules and regulations. Violation of these rules shall be
deemed a material default under this lease. County may, by written notice to
Tenant, alter or amend these rules, at which point the new rules shall be deemed
incorporated into this lease.
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8.4 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 any signs or
client traffic) or unlawful purpose of any sort.
8.5 Smoking is not permitted on the Premises at any time.
8.6 Tenant will be provided with two keys for the Premises, which are not duplicatable
by tenant. Should tenant lose one or more keys to the Premises, Tenant shall be
reponsible fora $25.00 replacement fee, plus the actual cost of replacing the
key(s), and if necessary, any key cores.
9.0 CONDITION OF PREMISES. Tenant accepts the Premises in their present
condition and state of repair without any warranties or representations of any nature
whatsoever by County. Tenant hereby acknowledges that Tenant has inspected
the Premises, and fixtures and that the same are in good condition and suitable for
the use intended. 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 good order and repair during
the term of this Lease, including interior walls, fixtures, windows, and appliances,
and shall at the expiration or sooner termination hereof deliver the same to County
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 County.
County at its sole option, may require Tenant to repair said damage at Tenant's
own cost and expense, or County may repair such damage and charge the
expense thereof to Tenant as additional rent hereunder.
10.0 ENTRY AND INSPECTION. County may at reasonable times and upon twenty-
four (24) hours notice enter into the Premises for purposes of inspection and repair.
In addition, County may at reasonable times and upon reasonable notice show the
Premises to prospective Tenants during the last three months of the term hereof, or
with 30 days prior to expiration hereof. This right of inspection shall not be
construed to create any obligation upon County for the maintenance of Premises.
In the event actual notice is not obtained, notice, in either case, shall be deemed to
be effective and reasonable twenty four (24) hours after posting written notice on
the front door of the Premises. County may enter the premises at any time without
prior notice in the event of an emergency as determined by County.
11.0 ASSIGNMENT AND SUBLETTING. Tenant shall not lease, sublease, assign,
transfer, mortgage, pledge or otherwise in .any way alienate, hypothecate,
encumber or suffer all or any part of the Premises or this lease without the prior
written consent of County which consent may be withheld or granted in County's
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sole, absolute and unqualified discretion. Tenant shall not receive rent or any other
payment of any kind or nature whatsoever from guests or other persons using the
Premises. This restriction shall apply to any transaction which gives, or is intended
to give, some person or entity other than Tenant any right to use or possess the
Premises.
12.0 ALTERATIONS. Tenant shall not make any alterations, additions, improvements
or repairs to the Premises (other than ordinary maintenance) without the prior
written consent of County. Any alterations, additions or improvements, when made
or attached to the Premises, shall belong to and become the property of County
and shall be surrendered upon the expiration or sooner termination of this lease.
Notwithstanding the foregoing, County may require Tenant to remove all or any part
of such alterations, additions or improvements and return the Premises to the
condition existing at the commencement hereof, ordinary wear and tear excepted.
Any alterations, improvement or repairs shall be made in a satisfactory and
workmanlike manner. Tenant shall not permit any lien or other encumbrance to be
filed against the Premises in connection therewith, and shall indemnify County
against such liens and encumbrances.
13.0 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 County enters into possession of the Premises and there is within
the Premises furniture, furnishings, fixtures, or other personal property of the
Tenant, County shall have the right and option without liability to Tenant: 1) to store
such property in a warehouse or other storage space provided by County 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 County
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 County, with any excess over the amounts required for such purposes
payable to Tenant, or (3) in the discretion of County should such property be
deemed by it of small value, said property may be discarded or destroyed.
14.0 STORAGE AREAS. Tenant acknowledges that Tenant's rental of the Premises
does not include any right to or possession of areas in the Premises for storage
other than as are specifically assigned to the Premises. In connection with the use
by Tenant of any storage area(s) associated with Tenant's rental of the premises,
Tenant hereby agrees that County shall not be responsible or liable for any theft,
loss, damage, or claim incurred by Tenant to any property of Tenant's located in
any storage area. The use of any storage area by Tenant shall be at Tenant's sole
risk and Tenant hereby indemnifies and holds County harmless from and against
any and all claims for such theft, loss, damage or claim incurred by Tenant as a
result of Tenant's use of any storage area. Any items stored without the consent of
County may be removed and disposed of as County sees fit and without any
obligation whatsoever to Tenant. In no event shall Tenant store any flammable,
toxic or hazardous materials in any storage area provided to Tenant by Landlord.
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Any such storage of flammable, toxic or hazardous materials shall be deemed to be
a default under this Lease Agreement.
15.0 VEHICLE PARKING. Tenant may not at any time use or occupy more than two
(2) vehicle parking spaces per apartment at the Premises parking area. No
trailers, motor homes, campers or other similar items are allowed on the Premises.
For any vehicle permitted by Landlord to park on the Premises, Tenant will be
supplied with a parking sticker that shall be displayed in the lower left hand corner
of the windshield. Any vehicle parked on the Premises that does not display such
parking sticker may be ticketed or towed at the expense of the owner of the vehicle.
Tenant shall supply County with the license number and a copy of the registration
papers of the automobile that will occupy such parking spaces indicating that
Tenant is the owner of the vehicle. In order to obtain a parking sticker, the vehicle
must be properly licensed, registered in Pitkin County, and in running condition.
The provisions of this lease and the issuance of a parking permit to Tenant do not
guarantee Tenant that parking spaces will be available to Tenant at all times, and
Landlord has no obligation to Tenant to provide Tenant with a guaranteed parking
space(s). Any automobiles of Tenant's overnight guests must be parked off the
Premises. If space is available, such overnight guests may park as directed by
manager provided the appropriate guest permit is displayed on the mirror of the
vehicle. Any automobile that is improperly parked (by tenant or guests), that is not
in operable condition, or that is not properly licensed and registered in Pitkin
County, may be ticketed or towed by the County at Tenant's or the owner's
expense.
16.0 REIMBURSEMENT. If Tenant shall fail to perform an obligation of this lease,
County may, if County so elects, perform such obligations and charge the expense
thereof to Tenant as additional rent hereunder.
17.0 SEVERABLE. If any provision of this lease shall be declared invalid or
unenforceable, the remainder of the lease shall continue in full force and effect.
18.0 ATTORNEYS' FEES. Tenant shall pay upon demand County's costs and
expenses, including reasonable attorney's fees incurred in order to enforce any of
the provisions of this lease or any action or proceeding instituted by reason of
Tenant's default hereunder, irrespective of whether an act is commenced to enforce
any provision of this lease.
19.0 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, airport operations,
maintenance, and repair, traffic noises, construction noises and other disturbances.
In connection herewith, Landlord hereby represents and Tenant hereby
acknowledges that there is a certain amount of noise generated from both the
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airport's daily operation and the operation activities of airport employees during the
daytime, late evening and early morning that may disturb Tenant, and Tenant
hereby waives any claims against Landlord, the City of Aspen or the County of
Pitkin for such disturbances.
20.0 JOINT AND SEVERABLE LIABILITY. In the event that more than one Tenant is
obligated under the terms of this lease, each such Tenant shat( be jointly and
severably 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.
21.0 CASUALTY. In case of fire or other casualty, the Tenant shall give immediate
notice to County. 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, subtenants, 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 shalt
continue and the Tenant shall be liable to the County for the damage and loss
suffered by the County, including all repairs and rebuilding expenses. County shall
not be responsible for any loss or damage of Tenant's personal property.
22.0 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 condemnor. Tenant waives all claims against
County 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 County may receive, hereby quitclaiming all interest
therein to County, unless otherwise prescribed by law.
23.0 EXPIRATION AND TERMINATION. If there shall be a default in the performance
of the payment of rent or any part thereof for more than three (3) days after written
notice of such default from Landlord or Landlord's agent to Tenant this lease and all
rights of Tenant hereunder shall terminate. 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 for more than three (3) days
after written notice of such default from Landlord to Tenant, Landlord, or Landlord's
agent, at any time thereafter may terminate this Lease by providing a notice to quit
to Tenant, which notice to quit shall be effective upon delivery to Tenant or upon
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posting on the front door of the Premises. In that case, this lease shall terminate
and all rights of Tenant hereunder shall terminate.
Prior to expiration or termination, landlord may inspect the premises as provided in
paragraph 10.0 above to determine compliance by tenant with the terms of this
agreement, 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 Landlord, and
Landlord 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 Landlord in enforcing the
provisions contained in this paragraph. At any time after such termination, Landlord
may re-let the leased Premises or any part thereof, in the name of the Landlord 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 Landlord, at his discretion, may determine, and may collect and
receive the rents therefore. Landlord 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 Landlord
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 in
the absence of such termination, shall be liable to Landlord for, and shall pay to
Landlord, as and for liquidated and agreed damages for Tenants' 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 agreement, less
b. The net proceeds of any re-letting effected pursuant to the provisions
of the preceding subparagraph, after deducting all of Landlord'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.
Landlord may also, at its option, and without being liable to Tenant for any damage
therefore, remove and store at Tenants' cost, all personal property and effects of
Tenant upon the property, without responsibility for loss or damage, so long as
Landlord uses reasonable care in the removal thereof.
Page 10 of 13
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03/12f2067 09:541
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
23.1 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 his rights as contained in paragraph 23.0 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.
23.2 HOLDING OVER. Upon the expiration or sooner termination hereof, Tenant shall
immediately and without notice from County surrender possession of the Premises
to County. In the event Tenant does not so vacate the Premises, his 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 most recent rented similar unit in the Premises for under this lease, or that
amount provided for in this lease, whichever is greater. Payments made by
Tenant(s) to 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.
24.0 SUBORDINATION. This lease is and shall remain subject and subordinate to all
mortgages or deeds of trust now or hereafter affecting the Premises or the building
in which the Premises are located. Although the subordination provision of this
section shall be deemed automatic, Tenant shall within five days after demand
execute any and all instruments requested by County to evidence such
subordination. Should Tenant fail to do so, Tenant hereby irrevocably appoints
County as Tenant's attorney-in-fact to execute those instruments for and on behalf
of Tenant.
25.0 INDEMNITY. Tenant hereby agrees to and does indemnify and hold Landlord
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 Agreement,
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.
26.0 WAIVER. Failure of County to declare any default immediately upon occurrence
thereof and any delay in taking any action in connection therewith shall not waive
such default, but County shall have the right to declare any such default at any
time.
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535318
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JRNICE K v05 CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
27.0 EXHIBITS AS PART OF LEASE:
Exhibit A -Legal description of the Leased Premises.
28.0 NONDISCRIMINATION. County shall not discriminate against any Tenant
because of age, race, color, religion, sex, creed, marital status, sexual orientation,
public assistance status, disability, handicap, or nationality or ancestry.
29.0 MISCELLANEOUS. Except for the Rules and Regulations and the County
guidelines, this lease may not be modified except in writing signed by the parties.
This lease shall be binding upon the heirs, successors, and assigns of the parties
hereto. This lease shall be construed in accordance with 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.
30.0 REFERENCES. If Tenant provides any prospective landlord with Landlord as a
reference, or if any new prospective landlord of Tenant contacts Landlord for
information regarding Tenant as a 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 landlord that Landlord does
not believe constitutes confidential information.
IN WITNESS WHEREOF, the parties have entered into this Employee Housing
Lease Agreement effective as of the date first set forth above.
TENANT:
t2
T ant Signature #1 Date
_.-
.. _ !, __
r^
/~ -22 -off,
~'`~-~.._, Tenant Signature #1 Date
PITKIN COUNTY COLORADO
gy, e~-----,
< ''^~U',`-J ~ ~ Date
Page 12 of 13
53538
Page: 15 of 45
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 03/12D 0 00 9.54f
TENANT NO. 1 INFORM~.!ATION
Name: ~ 1~v~~Cc L~~~~1
` fier-Cf
Mailing Address:
111 ~u~ Ca-~`~ l~ ~ ~ R' l ~i`~7
TENANT NO. 2 INFORMATION
~.
Name: ~,-n,~n~~;-,~.dF~ C U~~2c a ~r a
Mailing Address: g~ ~/~l~
Home phone .311-~~i`~ ~~~/
Work phone C'7~_~~~-~~~.~~'/3
E-mail: i~SSt'CU ~ ~/~.~ ~ cclc~fG1~/'~Co~,
Drivers Lic. # ~ `~ C~~` ~ ` /~ l l
Employer ~~/~ ,~j~~I't ~ ~ ~G~~,
s.s.# X22- ~'/~~~
Vehicle license #
Home phone 7~v ,Zc~ h -
Work phone 726 _Zo~., - y 14 ~
E-mail: ;vr~nn~n ; ess ~~/a/~~ . C~~
Drivers Lic. # (i~J -lr/5 ~-- U~~a~
Employer
s.s.# s~ ~ -7v ~7r 3 ~
Vehicle license # ~, (~ ~ Z z
Vehicle Type: ~~~lLi' GLI`7 ~-~' ~~ ~`~ Vehicle Type: I`1,~ ~ S u ~ ; ~5~~ ~ f! -~ » c~ ~ r-
C~d~? -~~I ~~S~L
COACT IN CASE OF EMERGENCY:
Name i~f,~ ~'''f~~' ~~ ~ E'er
Relation f ~ 7G` ~%~i~
r_
Phone# ~7~~~~~-~~~~
Address ()~~ ~~~'~
Name ~ ~d ~~-~ (~ ~crti ~ ~-~
Relation /~'Z/cf~1.~-y~~
Phone # (,~~J,~J,.~~~--- 7~-~f
Address ~~ / 7~ S. / j--r~„~a~ ~a~ ~ -~~
Page 13 of 13
53538
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03/12/2007 09:541
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
NOTE. THIS EXHIBIT D SNOT
REPRE ENT A MONUME ED
BOUND Y SURVEY AND S
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CAREER do BURGESS PROJECT N0. 071056
CLIENT PROJECT N0.
REVISION DESCRIPTION
DRAWN DGW DATE 09/07/06 SCALE 1"=20'
CestN~erRBurgess
707 17th Street Denver. CO 89202
(xs! amaao r~ (~ :
nas NATERUL ANB ANY ASSOCIATED EtJtG11IONR: BATA wA5 PRE-ARED BT CARTER t
BURGESS. pIC. POR THE PROJECT BWICAIED. ANY REUSE OH MODIFICATION wmauT TtIE
YMRIFRN COIRiENF OF CARTER 8 BURGESS SHALL BE AT 7NE SOUR ATSK Or THE USER.
ASPEN AIRPORT
SW 1 ~4 SEC. 34, T9S, R85W, 6th P.M.
PITKIN COUNTY, COLORADO
'~ EXHIBIT A
REVISION: DRAWING N0. SHEET N0.
FS-DWELLING-UNITS 2 OF 2
~353~8
Page: 17 of 45
03/12/2@07 09:54f
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
AIRPORT OPERATIONS CENTER
EMPLOYEE HOUSING LEASE AGREEMENT
THIS AGREEMENT is made this 22nd day of December, 2006, by and between the
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a
Colorado Home-rule County, (hereinafter referred to as "County" or "Landlord") and
Shay Reilly and Emily Reilly (hereinafter referred to as "Tenant").
In consideration of the payment of the rent and performance of the promises set
forth below, County does hereby lease to the Tenant the following described Employee
Housing in Pitkin County, in the State of Colorado, described as Employee Housing unit
number 2 located at 1001 Owl Creek Road, Aspen, Colorado 81611, hereinafter referred
to as the "Premises" which employee unit is to be used only as a private residence for
qualified employees of Pitkin County (and qualified members of their family), and for no
other purpose whatsoever.
IT IS MUTUALLY AGREED BY THE PARTIES AS FOLLOWS:
1.0 LEASE OF PREMISES. County hereby leases to Tenant(s) Employee Housing
Unit No. 2 ,Pitkin County, Colorado (the "Premises") for a term commencing at
noon on December 22, 2006, and expiring at noon on December 31, 2007, unless
sooner terminated as provided herein, subject to the terms and conditions of this
Agreement, and further subject to the Exhibit attached hereto and by this reference
incorporated herein.
2.0 EMPLOYMENT. Tenant agrees that he shall remain employed in Pitkin County in
accordance with the terms of the current Aspen Pitkin County Housing Authority
Employee Housing Guidelines for Category 2 Housing through the duration of this
agreement, as a condition of this lease. In addition, of the 1,500 hours of required
annual employment within Pitkin County under the Aspen Pitkin County Housing
Authority Employee Housing Guidelines, at least 1,300 hours (an average of 25
hours a week) of annual employment must be as an employee either of a "Leased
Tenant" of the Aspen/Pitkin County Airport or of Pitkin County at the Aspen/Pitkin
County Airport. County will review this requirement quarterly with the "Leased
Tenant" management. A "Leased Tenant" is defined as a business that operates on
airport property and operates under a current lease, concession or other agreement
with County. These requirements shall be known as "the Guidelines". In the event
of termination of such employment Tenant immediately shall comply with the
Guidelines or surrender his/her right to use and occupy the employee unit.
2.1 VERIFICATION AND DOCUMENTATION FOR TENANT QUALIFICATION. Prior
to occupancy of the Premises under this lease agreement and as requested by the
County during the term of this lease at least once every two years, Tenant agrees
to furnish County a copy of Tenant's federal income tax return for the current and
prior year and any other documentation or verification necessary or deemed
Page 1 of 13
~~~J~~~
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03/12/2007 09:54E
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
appropriate by County to verify Tenant's income and employment for the purpose of
qualifying Tenant for tenancy under the Guidelines. Until all of these documents
have been received and approved by the County, the tenancy shall be deemed to
be month to month. Any change in roommates or persons occupying the Premises
requires a re-qualification under the Guidelines of all the persons occupying the
lease Premises. Failure to re-qualify the entire household prior to occupancy by
any new roommate or persons intended to occupy the Premises may result in the
immediate termination of this Lease Agreement. Should the Tenant, having
previously qualified for housing by meeting the requirement as an employee of
either of a "Leased Tenant" of the Aspen/Pitkin County Airport or of Pitkin County at
the Aspen/Pitkin County Airport, and subsequently lose their employment or fall
under the required hours, this lease agreement will terminate in 60 days or at the
date specified in the current Lease Agreement, whichever is sooner.
In order to remain eligible to occupy and lease the Premises, Tenant must reside in
the Premises for a minimum of nine (9) months in any consecutive twelve (12)
month period.
3.0 RENT. The rental for the Premises for the term of this lease shall be the sum of
$6,228.00, payable in monthly installments of $519.00, commencing on January 1,
2007 and continuing on the first day of each calendar month thereafter. Tenant
shall deliver each monthly installment of $519.00 payable to Pitkin County at the
address set forth in this Lease Agreement, or at such other place as County may,
from time to time, designate in writing, on or before the first day of each calendar
month. It is expressly agreed that the discharge of the rental obligation in monthly
installments is for the convenience of Tenant only and Tenant is hereby obligated to
pay the full rent set forth in this paragraph 3.0 notwithstanding the termination of
this Lease Agreement for any reason whatsoever in advance of the expiration of
the lease term. In the event of a termination of this Lease Agreement prior to the
expiration of the full lease term the full rent set forth in the first line of this paragraph
3.0 shall become immediately due and payable. The County does not accept cash
or credit card payments, and rent must be paid in the form of a money order,
cashier's check or personal check. All checks must be made payable to Pitkin
County with the unit number noted on the check and may be physically delivered to
the Airport Administration Office during normal business hours (8am - 4:30 p.m.
Monday -Friday) or mailed to:
Aspen/ Pitkin County Airport
0233 East Airport Road, Suite A
Aspen, CO 81611
Note: Prorated rents, if applicable, will be computed by dividing the monthly
rent amount by the number of days in the appropriate month and multiplying
the quotient by the number of days in the month Tenant is entitled to
possession of the Premises.
Page 2 of 13
53538
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
3.1 Monthly rental payments shall be due and payable on or before the first day of
each month of the lease term in the form of a personal check, cashier's check or
money order (made out to Pitkin County). If Tenant makes any payment to the
County by a check which is later dishonored for any reason, the County may, in
addition to the other remedies available to it hereunder, require that future rental
payments be paid by cashier's check or certified funds. Tenant agrees to pay
County $25.00 for each instance that a check given to the County is dishonored in
addition to a late payment charge. If County receives more than one dishonored
check from Tenant during his or her tenancy, County at its option, shall have the
right to terminate this lease.
3.2 LAST MONTH'S RENT. Tenant, on execution hereof, has paid to the County
$519.00 in full as the last month's Pro Rata rent, OR tenant has agreed to a 3
month payment plan for last month's rent (LMR) hereunder:
First LMR amount paid $173 00 on move in date: December 22, 2006
Second LMR amount due' $173.00 on date: February 5, 2007
Third LMR amount due: $173.00 _ _ on date: March 5. 2007
This sum may be co-mingled by County with other funds to the extent allowed by
law, and shall not be construed as being held in trust for Tenant. No interest shall
be paid to Tenant on this amount. Upon the expiration or sooner termination
hereof, County may apply this amount toward unpaid rent.
3.3 UTILITIES.
Tenant shall pay for telephone and electric service. Natural gas, trash and water
will be included in the rental. Set-up and payment of utilities shall be the
responsibility of the tenant.
4.0 DEFAULT AND LATE CHARGES. Tenant shall be assessed a late charge of $25
if Tenant has not paid rent by the close of business on the FIFTH (5TH) day of the
month or the first (1st) business day after the fifth (5th) day of the month if the fifth
(5th) day of the month is a weekend or holiday. An additional late charge of $25
will be assessed for a maximum late charge per month of $50.00 after the tenth
(10th) day of the month or the first (1St) business day after the tenth (10th) day of the
month if the tenth (10th) day of the month is a weekend or holiday. County's failure
to collect any late charges that have accrued shall not be deemed to be a waiver of
these charges and County 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. Accordingly, partial payments of
rent will not prevent the full late charge from being applied to the amounts due.
Page 3 of 13
53538
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
5.0 SECURITY DEPOSIT. Tenant on execution hereof, has paid to the County
$519.00 as a damage/security deposit for the faithful performance of the terms,
conditions and obligations hereof.
Security deposits shall not be considered as pre-payment of any rent or for
payment of a last month's rent. This sum represents a security deposit as
defined and described under the security deposit laws of the State of Colorado and
may be co-mingled by County with other funds to the extent allowed by law, and
shall not be construed as being held in trust for Tenant. Proceeds from this deposit
may be used to pay any amounts due to Landlord from Tenant by reason of
Tenants' failure to perform any of the covenants or conditions contained herein. No
interest shall be paid to Tenant on the security deposit. Upon the expiration or
sooner termination hereof, County may apply this deposit toward unpaid rent,
damages, cleaning, replacement, or other expenses or obligations of or chargeable
to Tenant hereunder. This security deposit shall also be applied to any unpaid
miscellaneous fees that were due from the Tenant when incurred, including late
charges. In the event that cause exists for retaining any portion of the security
deposit, the County not later than 60 days after the expiration or sooner termination
hereof, shall provide the Tenant with payment of the unused portion of this deposit
and an accounting of deductions. Said sixty (60) day notice shall be deemed given
upon deposit in the mail, regular postage pre-paid addressed to Tenant at the
address set forth in this agreement. This security deposit shall not be construed as
liquidated damages and shall not impair or alter remedies otherwise available to
County 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 security
deposit. In the event Tenant unlawfully attempts to terminate this tease or
abandons the Premises, the County shall be entitled to retain the entire security
deposit.
5.1 In the event of default and failure to cure as described above, or if Tenant
abandons the Premises, or should Tenant be evicted, the County, in addition to any
other remedies available to it, may re-enter the Premises without any liability to
Tenant therefore, and as agent for the Tenant or otherwise, re-let the Premises.
The proceeds of any re-letting shall be applied first to the cost and expenses,
including reasonable attorneys' fees, incurred by County 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
County for all rent, liabilities, expenses and other obligations hereunder for which
recovery is not made by County through re-letting as provided in this subparagraph.
5.2 The rights and remedies of County provided for herein are in addition to and not an
exclusion of any other remedies available to County at law or in equity.
6.0 NOTICE OF INTENT TO TERMINATE AT END OF LEASE TERM. If Tenant does
not wish to renew this lease at the expiration of the term hereof, Tenant shall so
Page 4 of 13
53~3~$
Page: 21 of 45
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 03/12/020000 9.54f
notify County of its intent to vacate the Premises on the termination date at least 30
days prior to the termination date of this tease agreement. County in its sole
discretion, may determine to renew the lease or to terminate it for any reason,
including but not limited to tenants maintenance of the premises as required in
paragraph 9.0. If Tenant does not renew for another lease term and vacates the
Premises at the end of the lease term without providing such 30 day notice, Tenant
agrees that as and for liquidated damages, County shall be entitled to retain
Tenant's security deposit at the end of the lease term, plus recover from Tenant
any damages or cleaning charges incurred by County as a result of Tenant's
vacation of the Premises.
7.0 PETS OR ANIMALS ON PREMISES. No Tenant shall be permitted to house any
pets or animals, unless the animal is trained and certified to assist a handicapped
or disabled Tenant. Each Tenant shall be liable for the cost of repair of the
damages resulting from or inflicted by an animal harbored or kept on the Premises.
At a minimum, this shall entail the professional cleaning of all the carpets upon the
removal of the pet or the termination of the lease, whichever first occurs. Tenants
are responsible for the presence of any animals in violation of this rule (this includes
all animals that may be present, whether owned by Tenant, a friend or relative of
Tenant, or some other third party present on Tenant's premises), and will be
assessed a fine of $50.00 for every violation of this rule. In addition, the presence of
any animals in violation of this rule is considered a violation of the lease and may
result in the termination or non-renewal of lease.
8.0 USE OF PREMISES. The Premises shall be used by Tenant for private dwelling
residential purposes only and shall be occupied only by Tenant and Tenant's
immediate family, who are either minor children, or have been qualified under the
County guidelines, consisting of the following persons:
Emily Reilly, Wife
Marie Reilly, Daughter
8.1 Tenant shall have no more than a combined total of three occupants at any one
time. Occupancy by any guest shall be limited to seven (7) consecutive days, or a
total of fourteen (14) days during the term hereof unless the County otherwise
consents in writing.
8.2 Tenant must notify County in writing of persons that will occupy the unit in Tenant's
absence for periods of one week or longer.
8.3 Tenant's use and occupancy of the Premises (as well as the use and occupancy of
the Premises by all of Tenant's guests, family, agents or invitees) shall be subject to
the applicable County rules and regulations. Violation of these rules shall be
deemed a material default under this lease. County may, by written notice to
Tenant, alter or amend these rules, at which point the new rules shall be deemed
incorporated into this lease.
Page 5 of 13
~~~~~~
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03/12/2007 09:54F
JRNICE K VOS CRl1DILL PITKIN COUNTY CO R 0.00 D 0.00
8.4 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 any signs or
client traffic) or unlawful purpose of any sort.
8.5 Smoking is not permitted on the Premises at any time.
8.6 Tenant will be provided with two keys for the Premises, which are not duplicatable
by tenant. Should tenant lose one or more keys to the Premises, Tenant shall be
reponsible fora $25.00 replacement fee, plus the actual cost of replacing the
key(s), and if necessary, any key cores.
9.0 CONDITION OF PREMISES. Tenant accepts the Premises in their present
condition and state of repair without any warranties or representations of any nature
whatsoever by County. Tenant hereby acknowledges that Tenant has inspected
the Premises, and fixtures and that the same are in good condition and suitable for
the use intended. 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 good order and repair during
the term of this Lease, including interior walls, fixtures, windows, and appliances,
and shall at the expiration or sooner termination hereof deliver the same to County
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 County.
County at its sole option, may require Tenant to repair said damage at Tenant's
own cost and expense, or County may repair such damage and charge the
expense thereof to Tenant as additional rent hereunder.
10.0 ENTRY AND INSPECTION. County may at reasonable times and upon twenty-
four (24) hours notice enter into the Premises for purposes of inspection and repair.
In addition, County may at reasonable times and upon reasonable notice show the
Premises to prospective Tenants during the last three months of the term hereof, or
with 30 days prior to expiration hereof. This right of inspection shall not be
construed to create any obligation upon County for the maintenance of Premises.
In the event actual notice is not obtained, notice, in either case, shall be deemed to
be effective and reasonable twenty four (24) hours after posting written notice on
the front door of the Premises. County may enter the premises at any time without
prior notice in the event of an emergency as determined by County.
11.0 ASSIGNMENT AND SUBLETTING. Tenant shall not lease, sublease, assign,
transfer, mortgage, pledge or otherwise in any way alienate, hypothecate,
encumber or suffer all or any part of the Premises or this lease without the prior
Page 6 of 13
535~~8
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03!12!2007 09:54F
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
written consent of County which consent may be withheld or granted in County's
sole, absolute and unqualified discretion. Tenant shall not receive rent or any other
payment of any kind or nature whatsoever from guests or other persons using the
Premises. This restriction shall apply to any transaction which gives, or is intended
to give, some person or entity other than Tenant any right to use or possess the
Premises.
12.0 ALTERATIONS. Tenant shall not make any alterations, additions, improvements
or repairs to the Premises (other than ordinary maintenance) without the prior
written consent of County. Any alterations, additions or improvements, when made
or attached to the Premises, shall belong to and become the property of County
and shall be surrendered upon the expiration or sooner termination of this lease.
Notwithstanding the foregoing, County may require Tenant to remove all or any part
of such alterations, additions or improvements and return the Premises to the
condition existing at the commencement hereof, ordinary wear and tear excepted.
Any alterations, improvement or repairs shall be made in a satisfactory and
workmanlike manner. Tenant shall not permit any lien or other encumbrance to be
filed against the Premises in connection therewith, and shall indemnify County
against such liens and encumbrances.
13.0 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 County enters into possession of the Premises and there is within
the Premises furniture, furnishings, fixtures, or other personal property of the
Tenant, County shall have the right and option without liability to Tenant: 1) to store
such property in a warehouse or other storage space provided by County 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 County
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 County, with any excess over the amounts required for such purposes
payable to Tenant, or (3) in the discretion of County should such property be
deemed by it of small value, said property may be discarded or destroyed.
14.0 STORAGE AREAS. Tenant acknowledges that Tenant's rental of the Premises
does not include any right to or possession of areas in the Premises for storage
other than as are specifically assigned to the Premises. In connection with the use
by Tenant of any storage area(s) associated with Tenant's rental of the premises,
Tenant hereby agrees that County shall not be responsible or liable for any theft,
loss, damage, or claim incurred by Tenant to any property of Tenant's located in
any storage area. The use of any storage area by Tenant shall be at Tenant's sole
risk and Tenant hereby indemnifies and holds County harmless from and against
any and all claims for such theft, loss, damage or claim incurred by Tenant as a
result of Tenant's use of any storage area. Any items stored without the consent of
County may be removed and disposed of as County sees fit and without any
obligation whatsoever to Tenant. In no event shall Tenant store any flammable,
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toxic or hazardous materials in any storage area provided to Tenant by Landlord.
Any such storage of flammable, toxic or hazardous materials shall be deemed to be
a default under this Lease Agreement.
15.0 VEHICLE PARKING. Tenant may not at any time use or occupy more than two
(2) vehicle parking spaces per apartment at the Premises parking area. No
trailers, motor homes, campers or other similar items are allowed on the Premises.
For any vehicle permitted by Landlord to park on the Premises, Tenant will be
supplied with a parking sticker that shall be displayed in the lower left hand corner
of the windshield. Any vehicle parked on the Premises that does not display such
parking sticker may be ticketed or towed at the expense of the owner of the vehicle.
Tenant shall supply County with the license number and a copy of the registration
papers of the automobile that will occupy such parking spaces indicating that
Tenant is the owner of the vehicle. In order to obtain a parking sticker, the vehicle
must be properly licensed, registered in Pitkin County, and in running condition.
The provisions of this lease and the issuance of a parking permit to Tenant do not
guarantee Tenant that parking spaces will be available to Tenant at all times, and
Landlord has no obligation to Tenant to provide Tenant with a guaranteed parking
space(s). Any automobiles of Tenant's overnight guests must be parked off the
Premises. If space is available, such overnight guests may park as directed by
manager provided the appropriate guest permit is displayed on the mirror of the
vehicle. Any automobile that is improperly parked (by tenant or guests), that is not
in operable condition, or that is not properly licensed and registered in Pitkin
County, may be ticketed or towed by the County at Tenant's or the owner's
expense.
16.0 REIMBURSEMENT. If Tenant shall fail to perform an obligation of this lease,
County may, if County so elects, perform such obligations and charge the expense
thereof to Tenant as additional rent hereunder.
17.0 SEVERABLE. If any provision of this lease shall be declared invalid or
unenforceable, the remainder of the lease shall continue in full force and effect.
18.0 ATTORNEYS' FEES. Tenant shall pay upon demand County's costs and
expenses, including reasonable attorney's fees incurred in order to enforce any of
the provisions of this lease or any action or proceeding instituted by reason of
Tenant's default hereunder, irrespective of whether an act is commenced to enforce
any provision of this lease.
19.0 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, airport operations,
maintenance, and repair, traffic noises, construction noises and other disturbances.
In connection herewith, Landlord hereby represents and Tenant hereby
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acknowledges that there is a certain amount of noise generated from both the
airport's daily operation and the operation activities of airport employees during the
daytime, late evening and early morning that may disturb Tenant, and Tenant
hereby waives any claims against Landlord, the City of Aspen or the County of
Pitkin for such disturbances.
20.0 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
severably 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.
21.0 CASUALTY. In case of fire or other casualty, the Tenant shall give immediate
notice to County. 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, subtenants, 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 County for the damage and loss
suffered by the County, including all repairs and rebuilding expenses. County shall
not be responsible for any loss or damage of Tenant's personal property.
22.0 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 condemnor. Tenant waives all claims against
County 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 County may receive, hereby quitclaiming all interest
therein to County, unless otherwise prescribed by law.
23.0 EXPIRATION AND TERMINATION. If there shall be a default in the performance
of the payment of rent or any part thereof for more than three (3) days after written
notice of such default from Landlord or Landlord's agent to Tenant this lease and all
rights of Tenant hereunder shall terminate. 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 for more than three (3) days
after written notice of such default from Landlord to Tenant, Landlord, or Landlord's
agent, at any time thereafter may terminate this Lease by providing a notice to quit
to Tenant, which notice to quit shall be effective upon delivery to Tenant or upon
Page 9 of 13
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posting on the front door of the Premises. In that case, this lease shall terminate
and all rights of Tenant hereunder shall terminate.
Prior to expiration or termination, landlord may inspect the premises as provided in
paragraph 10.0 above to determine compliance by tenant with the terms of this
agreement, 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 Landlord, and
Landlord 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 Landlord in enforcing the
provisions contained in this paragraph. At any time after such termination, Landlord
may re-let the leased Premises or any part thereof, in the name of the Landlord 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 Landlord, at his discretion, may determine, and may collect and
receive the rents therefore. Landlord 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 Landlord
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 in
the absence of such termination, shall be liable to Landlord for, and shall pay to
Landlord, as and for liquidated and agreed damages for Tenants' 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 agreement, less
b. The net proceeds of any re-letting effected pursuant to the provisions
of the preceding subparagraph, after deducting all of Landlord'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.
Landlord may also, at its option, and without being liable to Tenant for any damage
therefore, remove and store at Tenants' cost, all personal property and effects of
Tenant upon the property, without responsibility for loss or damage, so long as
Landlord uses reasonable care in the removal thereof.
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
23.1 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 his rights as contained in paragraph 23.0 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.
23.2 HOLDING OVER. Upon the expiration or sooner termination hereof, Tenant shall
immediately and without notice from County surrender possession of the Premises
to County. In the event Tenant does not so vacate the Premises, his 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 most recent rented similar unit in the Premises for under this lease, or that
amount provided for in this lease, whichever is greater. Payments made by
Tenant(s) to 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.
24.0 SUBORDINATION. This lease is and shall remain subject and subordinate to all
mortgages or deeds of trust now or hereafter affecting the Premises or the building
in which the Premises are located. Although the subordination provision of this
section shall be deemed automatic, Tenant shall within five days after demand
execute any and all instruments requested by County to evidence such
subordination. Should Tenant fail to do so, Tenant hereby irrevocably appoints
County as Tenant's attorney-in-fact to execute those instruments for and on behalf
of Tenant.
25.0 INDEMNITY. Tenant hereby agrees to and does indemnify and hold Landlord
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 Agreement,
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.
26.0 WAIVER. Failure of County to declare any default immediately upon occurrence
thereof and any delay in taking any action in connection therewith shall not waive
such default, but County shall have the right to declare any such default at any
time.
Page 11 of 13
~~~~~~
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JgNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
27.0 EXHIBITS AS PART OF LEASE:
Exhibit A -Legal description of the Leased Premises.
28.0 NONDISCRIMINATION. County shall not discriminate against any Tenant
because of age, race, color, religion, sex, creed, marital status, sexual orientation,
public assistance status, disability, handicap, or nationality or ancestry.
29.0 MISCELLANEOUS. Except for the Rules and Regulations and the County
guidelines, this lease may not be modified except in writing signed by the parties.
This lease shall be binding upon the heirs, successors, and assigns of the parties
hereto. This lease shall be construed in accordance with 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.
30.0 REFERENCES. If Tenant provides any prospective landlord with Landlord as a
reference, or if any new prospective landlord of Tenant contacts Landlord for
information regarding Tenant as a 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 landlord that Landlord does
not believe constitutes confidential information.
IN WITNESS WHEREOF, the parties have entered into this Employee Housing
Lease Agreement effective as of the date first set forth above.
TENANT:
Z2~~CO~
Tenant S' nature #1 Date
ZZAECD G
enant 'nature #1 Date
PITKIN COUNTY COLORADO
'~ `~` Date
Page 12 of 13
~~~~~~
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JRNICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
TENANT NO. 1 INFORMATION TENANT N0~2 I~ FORMATION
~/ ~7
Name: ~ ~~~ ~ Name: /y, ~(~~/
Mailing Address: I • ~ ~ ~o~ y~y Mailing Address: ~ ~ ~ f~a k `~Zo~
A5~ , Co ~/C~ I y
Home phone 970 -3/9 - oZZ 3
~~ C'~ ~/l.J 2-
Home phone y ~a ~ 3/ 9 -- OZZ Z-
Work phone I7o - q7~ - 2~i 2~-
E-mail: Sky rc~~~~7, ~~~~ ~. Ur~--
Drivers Lic. # a~ - 0 93 - /o SS'
Employer .S 7kv Wes ~' r~~u S
Vehicle license # Z`~(* - /~'(/~ /~-
Vehicle Type: C~.V - ~-~CC~.C
Work phone ~`7~ -' 7~'Z,~ - ~ 9 SZ
E-mail: ~ . Co /~-~
Drivers Lic. # ~y~ o~/~ '/b 53
Employer ~~~~~~~ .SCry/G{ 5
s.s.# So3- ~3- ~o~
Vehicle license # 3~J~7 - ~~
Vehicle Type: at/o~~' C~~/
CONTACT IN CASE OF EMERGENCY:
Name ~l wv,- ~~ ~~ ~ Name ar P e~s~'
Relation ~~r-y Relation ~u~~-v
Phone # 30 8 ~ yZK ' ZI S ~ Phone # IvDS- 3Sfv - 3~ 3
Address 3a(o dJ . Ga~w~_ Address fp/ ~e~v C~,l,
Page 13 of 13
535318
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 03/12/020000 9:54F
NOTE. THIS EXHIBIT D SNOT
REPRE ENT A MONUME ED
BOUND Y SURVEY AND ~'~,
R# E BASED UPON A ~'~
COMBI~ ~ON OF FIELD DkI' ~
~Lf:ECTI ND
ARGHITECT~~L DRAWINGS.
r W a.~ LINE TABLE
~4
~'~ 26 QO ~ line Bearing Distance
~~ L1 S 70'32'40' W 8.00'
`' L2 S 19'27'20' E 3.92'
f ~" L3 N 70'32'40' E 8.00'
~ i ,~ _ L4 S 70'32'40' W 5.00'
'~• "'~~ L5 S 15270' E 3.92'
i ~ ~ Unit 1 > ~ -'~ L6 N 70'3240' E 8.00'
L7 S 70'32'40' W 8.00'
~ ~ 0.04 GF ~ i %'~ ~ L8 S 1527'20' E 3.92'
~. ~t15R _ _ _ ~~ \ o
~~
7.95.E R:~~i ~ ~~ ~ \
~~ ~ !~ - ~ ~
r ~ ~ U' a Unit 3 -,~``~ \-
6 ~ ~ Cam" ~
~`~~
o, b y~ ~;.,,.
sue' OI OF BEGIN ING
Basis ~of Bearinq-assumed)
' /J/ ~~ `•16+,~~ ~ Sly line SE.,1/4 Sec. 34
POINT OF COMMENCEMENT 27U4.13'
S1/4 Cor. Sec. 34 SE Cor, Sec. 34
o s 1o zo 4o T9S, R85W, 6th P.M. T9S, R85W, 6th P.M.
2 1/2" GLO Brass Cap 3 1/4" Alum. Cap
t .non = 20 tt. LS 9184
CAREER do BURGESS PROJECT N0. 071056
CLIENT PROJECT N0.
REVISION DESCRIPTION
DRAWN DGW DATE 09/07/06 SCALE. 1"=20'
~11'~1' ~ S111'gP.~f
707 17th Street Denver, CO 80202
(~ eto-sza rm fJOR rto-pest
TIBS MATERIAL AND ANY ASSOCIATED ELECTRONIC DATA WAS PREPARED BT CARTER t
DIG. fOR THE PROJECT RNIGUE0. ANY REUSE OR IfODIFICATNNi IYItHOIR THE
WRIREN CWISEN~ Oi CARTER R: BURGESS SHALL BE AT THE SOIE: R151f Oi THE USER.
ASPEN AIRPORT
SW 1 /4 SEC. 34, T9S, R85W, 6th P.M.
PITKIN COUNTY, COLORADO
ALE` EXHIBIT A
REVISION: DRAWING N0. SHEET N0.
FS-DWELLING-UNITS 2 OF 2
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
AIRPORT OPERATIONS CENTER
EMPLOYEE HOUSING LEASE AGREEMENT
THIS AGREEMENT is made this 22nd day of December, 2006, by and between the
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a
Colorado Home-rule County, (hereinafter referred to as "County" or "Landlord") and
Franz Alderfer (hereinafter referred to as "Tenant").
In consideration of the payment of the rent and performance of the promises set
forth below, County does hereby lease to the Tenant the following described Employee
Housing in Pitkin County, in the State of Colorado, described as Employee Housing unit
number 3 located at 1001 Owl Creek Road, Aspen, Colorado 81611, hereinafter
referred to as the "Premises" which employee unit is to be used only as a private
residence for qualified employees of Pitkin County (and qualified members of their
family), and for no other purpose whatsoever.
IT IS MUTUALLY AGREED BY THE PARTIES AS FOLLOWS:
1.0 LEASE OF PREMISES. County hereby leases to Tenant(s) Employee Housing
Unit No. 3 ,Pitkin County, Colorado (the "Premises") for a term commencing at
noon on December 22, 2006, and expiring at noon on December 31, 2007, unless
sooner terminated as provided herein, subject to the terms and conditions of this
Agreement, and further subject to the Exhibit attached hereto and by this reference
incorporated herein.
2.0 EMPLOYMENT. Tenant agrees that he shall remain employed in Pitkin County in
accordance with the terms of the current Aspen Pitkin County Housing Authority
Employee Housing Guidelines for Category 2 Housing through the duration of this
agreement, as a condition of this lease. In addition, of the 1,500 hours of required
annual employment within Pitkin County under the Aspen Pitkin County Housing
Authority Employee Housing Guidelines, at least 1,300 hours (an average of 25
hours a week) of annual employment must be as an employee either of a "Leased
Tenant" of the Aspen/Pitkin County Airport or of Pitkin County at the Aspen/Pitkin
County Airport. County will review this requirement quarterly with the "Leased
Tenant" management. A "Leased Tenant" is defined as a business that operates
on airport property and operates under a current lease, concession or other
agreement with County. These requirements shall be known as "the Guidelines". In
the event of termination of such employment Tenant immediately shall comply with
the Guidelines or surrender his/her right to use and occupy the employee unit.
2.1 VERIFICATION AND DOCUMENTATION FOR TENANT QUALIFICATION. Prior
to occupancy of the Premises under this lease agreement and as requested by the
County during the term of this lease at least once every two years, Tenant agrees
to furnish County a copy of Tenant's federal income tax return for the current and
prior year and any other documentation or verification necessary or deemed
~J~~~~~
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JANICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
appropriate by County to verify Tenant's income and employment for the purpose
of qualifying Tenant for tenancy under the Guidelines. Until all of these documents
have been received and approved by the County, the tenancy shall be deemed to
be month to month. Any change in roommates or persons occupying the
Premises requires a re-qualification under the Guidelines of all the persons
occupying the lease Premises. Failure to re-qualify the entire household prior to
occupancy by any new roommate or persons intended to occupy the Premises
may result in the immediate termination of this Lease Agreement. Should the
Tenant, having previously qualified for housing by meeting the requirement as an
employee of either of a "Leased Tenant" of the Aspen/Pitkin County Airport or of
Pitkin County at the Aspen/Pitkin County Airport, and subsequently lose their
employment or fall under the required hours, this lease agreement will terminate in
60 days or at the date specified in the current Lease Agreement, whichever is
sooner.
In order to remain eligible to occupy and lease the Premises, Tenant must reside
in the Premises for a minimum of nine (9) months in any consecutive twelve (12)
month period.
3.0 RENT. The rental for the Premises for the term of this lease shall be the sum of
$6,228.00, payable in monthly instaNments of $519.00, commencing on January 1,
2007 and continuing on the first day of each calendar month thereafter. Tenant
shall deliver each monthly installment of $519.00 payable to Pitkin County at the
address set forth in this Lease Agreement, or at such other place as County may,
from time to time, designate in writing, on or before the first day of each calendar
month. It is expressly agreed that the discharge of the rental obligation in monthly
installments is for the convenience of Tenant only and Tenant is hereby obligated
to pay the full rent set forth in this paragraph 3.0 notwithstanding the termination of
this Lease Agreement for any reason whatsoever in advance of the expiration of
the tease term. In the event of a termination of this Lease Agreement prior to the
expiration of the full lease term the full rent set forth in the first line of this
paragraph 3.0 shall become immediately due and payable. The County does not
accept cash or credit card payments, and rent must be paid in the form of a money
order, cashier's check or personal check. All checks must be made payable to
Pitkin County with the unit number noted on the check and may be physically
delivered to the Airport Administration Office during normal business hours (8am -
4:30 p.m. Monday -Friday) or mailed to:
Aspen/ Pitkin County Airport
0233 East Airport Road, Suite A
Aspen, CO 81611
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Note: Prorated rents, if applicable, will be computed by dividing the monthly
rent amount by the number of days in the appropriate month and multiplying
the quotient by the number of days in the month Tenant is entitled to
possession of the Premises.
3.1 Monthly rental payments shall be due and payable on or before the first day of
each month of the lease term in the form of a personal check, cashier's check or
money order (made out to Pitkin County). If Tenant makes any payment to the
County by a check which is later dishonored for any reason, the County may, in
addition to the other remedies available to it hereunder, require that future rental
payments be paid by cashier's check or certified funds. Tenant agrees to pay
County $25.00 for each instance that a check given to the County is dishonored in
addition to a late payment charge. If County receives more than one dishonored
check from Tenant during his or her tenancy, County at its option, shall have the
right to terminate this lease.
3.2 LAST MONTH'S RENT. Tenant, on execution hereof, has paid to the County
$519.00 in full as the last month's Pro Rata rent, OR tenant has agreed to a 3
month payment plan for last month's rent (LMR) hereunder:
First LMR amount paid: $173.00 on move in date December 22 2006
Second LMR amount due: $173.00 on date: February 5 2007
Third LMR amount due: $173.00 on date: March 5. 2007
This sum may be co-mingled by County with other funds to the extent allowed by
law, and shall not be construed as being held in trust for Tenant. No interest shall
be paid to Tenant on this amount. Upon the expiration or sooner termination
hereof, County may apply this amount toward unpaid rent.
3.3 UTILITIES.
Tenant shall pay for telephone and electric service. Natural gas, trash and water
will be included in the rental. Set-up and payment of utilities shall be the
responsibility of the tenant.
4.0 DEFAULT AND LATE CHARGES. Tenant shall be assessed a late charge of $25
if Tenant has not paid rent by the close of business on the FIFTH (5TH) day of the
month or the first (1st) business day after the fifth (5th) day of the month if the fifth
(5th) day of the month is a weekend or holiday. An additional late charge of $25
will be assessed for a maximum late charge per month of $50.00 after the tenth
(10th) day of the month or the first (1St) business day after the tenth (10th) day of the
month if the tenth (10th) day of the month is a weekend or holiday. County's failure
to collect any late charges that have accrued shall not be deemed to be a waiver of
Page 3 of 14
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
these charges and County 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. Accordingly, partial payments of
rent will not prevent the full late charge from being applied to the amounts due.
5.0 SECURITY DEPOSIT. Tenant on execution hereof, has paid to the County
$59 9.00 as a damage/security deposit for the faithful performance of the terms,
conditions and obligations hereof.
Security deposits shall not be considered as pre-payment of any rent or for
payment of a last month's rent. This sum represents a security deposit as
defined and described under the security deposit laws of the State of Colorado and
may be co-mingled by County with other funds to the extent allowed by law, and
shall not be construed as being held in trust for Tenant. Proceeds from this
deposit may be used to pay any amounts due to Landlord from Tenant by reason
of Tenants' failure to perform any of the covenants or conditions contained herein.
No interest shall be paid to Tenant on the security deposit. Upon the expiration or
sooner termination hereof, County may apply this deposit toward unpaid rent,
damages, cleaning, replacement, or other expenses or obligations of or
chargeable to Tenant hereunder. This security deposit shall also be applied to any
unpaid miscellaneous fees that were due from the Tenant when incurred, including
late charges. In the event that cause exists for retaining any portion of the security
deposit, the County not later than 60 days after the expiration or sooner
termination hereof, shall provide the Tenant with payment of the unused portion of
this deposit and an accounting of deductions. Said sixty (60) day notice shall be
deemed given upon deposit in the mail, regular postage pre-paid addressed to
Tenant at the address set forth in this agreement. This security deposit shall not be
construed as liquidated damages and shall not impair or alter remedies otherwise
available to County 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
security deposit. In the event Tenant unlawfully attempts to terminate this lease or
abandons the Premises, the County shall be entitled to retain the entire security
deposit.
5.1 In the event of default and failure to cure as described above, or if Tenant
abandons the Premises, or should Tenant be evicted, the County, in addition to
any other remedies available to it, may re-enter the Premises without any liability to
Tenant therefore, and as agent for the Tenant or otherwise, re-let the Premises.
The proceeds of any re-letting shall be applied first to the cost and expenses,
including reasonable attorneys' fees, incurred by County 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
County for all rent, liabilities, expenses and other obligations hereunder for which
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recovery is not made by County through re-letting as provided in this
subparagraph.
5.2 The rights and remedies of County provided for herein are in addition to and not an
exclusion of any other remedies available to County at law or in equity.
6.0 NOTICE OF INTENT TO TERMINATE AT END OF LEASE TERM. If Tenant
does not wish to renew this lease at the expiration of the term hereof, Tenant shall
so notify County of its intent to vacate the Premises on the termination date at
least 30 days prior to the termination date of this lease agreement. County in its
sole discretion, may determine to renew the lease or to terminate it for any reason,
including but not limited to tenants maintenance of the premises as required in
paragraph 9.0. If Tenant does not renew for another lease term and vacates the
Premises at the end of the lease term without providing such 30 day notice,
Tenant agrees that as and for liquidated damages, Gounty shall be entitled to
retain Tenant's security deposit at the end of the lease term, plus recover from
Tenant any damages or cleaning charges incurred by County as a result of
Tenant's vacation of the Premises.
7.0 PETS OR ANIMALS ON PREMISES. No Tenant shall be permitted to house any
pets or animals, unless the animal is trained and certified to assist a handicapped
or disabled Tenant. Each Tenant shall be liable for the cost of repair of the
damages resulting from or inflicted by an animal harbored or kept on the Premises.
At a minimum, this shall entail the professional cleaning of all the carpets upon the
removal of the pet or the termination of the lease, whichever first occurs. Tenants
are responsible for the presence of any animals in violation of this rule (this
includes all animals that may be present, whether owned by Tenant, a friend or
relative of Tenant, or some other third party present on Tenant's premises), and
will be assessed a fine of $50.00 for every violation of this rule. In addition, the
presence of any animals in violation of this rule is considered a violation of the
lease and may result in the termination or non-renewal of lease.
8.0 USE OF PREMISES. The Premises shall be used by Tenant for private dwelling
residential purposes only and shall be occupied only by Tenant and Tenant's
immediate family, who are either minor children, or have been qualified under the
County guidelines, consisting of the following persons:
None Authorized
8.1 Tenant shall have no more than a combined total of three occupants at any one
time. Occupancy by any guest shall be limited to seven (7) consecutive days, or a
total of fourteen (14) days during the term hereof unless the County otherwise
consents in writing.
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
8.2 Tenant must notify County in writing of persons that will occupy the unit in Tenant's
absence for periods of one week or longer.
8.3 Tenant's use and occupancy of the Premises (as well as the use and occupancy of
the Premises by all of Tenant's guests, family, agents or invitees) shall be subject
to the applicable County rules and regulations. Violation of these rules shall be
deemed a material default under this lease. County may, by written notice to
Tenant, alter or amend these rules, at which point the new rules shall be deemed
incorporated into this lease.
8.4 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 any signs or
client traffic) or unlawful purpose of any sort.
8.5 Smoking is not permitted on the Premises at any time.
8.6 Tenant will be provided with two keys for the Premises, which are not duplicatable
by tenant. Should tenant lose one or more keys to the Premises, Tenant shall be
reponsible fora $25.00 replacement fee, plus the actual cost of replacing the
key(s), and if necessary, any key cores.
9.0 CONDITION OF PREMISES. Tenant accepts the Premises in their present
condition and state of repair without any warranties or representations of any
nature whatsoever by County. Tenant hereby acknowledges that Tenant has
inspected the Premises, and fixtures and that the same are in good condition and
suitable for the use intended. 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 good order and repair during
the term of this Lease, including interior walls, fixtures, windows, and appliances,
and shall at the expiration or sooner termination hereof deliver the same to County
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 Gounty. County at its sole option, may require Tenant to repair said
damage at Tenant's own cost and expense, or County may repair such damage
and charge the expense thereof to Tenant as additional rent hereunder.
10.0 ENTRY AND INSPECTION. County may at reasonable times and upon twenty-
four (24) hours notice enter into the Premises for purposes of inspection and
repair. In addition, County may at reasonable times and upon reasonable notice
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
show the Premises to prospective Tenants during the last three months of the term
hereof, or with 30 days prior to expiration hereof. This right of inspection shall not
be construed to create any obligation upon County for the maintenance of
Premises. In the event actual notice is not obtained, notice, in either case, shall
be deemed to be effective and reasonable twenty four (24) hours after posting
written notice on the front door of the Premises. County may enter the premises at
any time without prior notice in the event of an emergency as determined by
County.
11.0 ASSIGNMENT AND SUBLETTING. Tenant shall not lease, sublease, assign,
transfer, mortgage, pledge or otherwise in any way alienate, hypothecate,
encumber or suffer all or any part of the Premises or this lease without the prior
written consent of County which consent may be withheld or granted in County's
sole, absolute and unqualified discretion. Tenant shall not receive rent or any
other payment of any kind or nature whatsoever from guests or other persons
using the Premises. This restriction shall apply to any transaction which gives, or
is intended to give, some person or entity other than Tenant any right to use or
possess the Premises.
12.0 ALTERATIONS. Tenant shall not make any alterations, additions, improvements
or repairs to the Premises (other than ordinary maintenance) without the prior
written consent of County. Any alterations, additions or improvements, when
made or attached to the Premises, shall belong to and become the property of
County and shall be surrendered upon the expiration or sooner termination of this
lease. Notwithstanding the foregoing, County may require Tenant to remove all or
any part of such alterations, additions or improvements and return the Premises to
the condition existing at the commencement hereof, ordinary wear and tear
excepted. Any alterations, improvement or repairs shall be made in a satisfactory
and workmanlike manner. Tenant shall not permit any lien or other encumbrance
to be filed against the Premises in connection therewith, and shall indemnify
County against such liens and encumbrances.
13.0 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 County enters into possession of the Premises and there is within
the Premises furniture, furnishings, fixtures, or other personal property of the
Tenant, County shall have the right and option without liability to Tenant: 1) to
store such property in a warehouse or other storage space provided by County 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
County 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 County, with any excess over the amounts
required for such purposes payable to Tenant, or (3) in the discretion of County
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
should such property be deemed by it of small value, said property may be
discarded or destroyed.
14.0 STORAGE AREAS. Tenant acknowledges that Tenant's rental of the Premises
does not include any right to or possession of areas in the Premises for storage
other than as are specifically assigned to the Premises. In connection with the use
by Tenant of any storage area(s) associated with Tenant's rental of the premises,
Tenant hereby agrees that County shall not be responsible or liable for any theft,
loss, damage, or claim incurred by Tenant to any property of Tenant's located in
any storage area. The use of any storage area by Tenant shall be at Tenant's sole
risk and Tenant hereby indemnifies and holds County harmless from and against
any and all claims for such theft, loss, damage or claim incurred by Tenant as a
result of Tenant's use of any storage area. Any items stored without the consent
of County may be removed and disposed of as County sees fit and without any
obligation whatsoever to Tenant. In no event shall Tenant store any flammable,
toxic or hazardous materials in any storage area provided to Tenant by Landlord.
Any such storage of flammable, toxic or hazardous materials shall be deemed to
be a default under this Lease Agreement.
15.0 VEHICLE PARKING. Tenant may not at any time use or occupy more than two
(2) vehicle parking spaces per apartment at the Premises parking area. No
trailers, motor homes, campers or other similar items are allowed on the Premises.
For any vehicle permitted by Landlord to park on the Premises, Tenant will be
supplied with a parking sticker that shall be displayed in the lower {eft hand corner
of the windshield. Any vehicle parked on the Premises that does not display such
parking sticker may be ticketed or towed at the expense of the owner of the
vehicle. Tenant shall supply County with the license number and a copy of the
registration papers of the automobile that will occupy such parking spaces
indicating that Tenant is the owner of the vehicle. {n order to obtain a parking
sticker, the vehicle must be properly licensed, registered in Pitkin County, and in
running condition. The provisions of this lease and the issuance of a parking
permit to Tenant do not guarantee Tenant that parking spaces will be available to
Tenant at all times, and Landlord has no obligation to Tenant to provide Tenant
with a guaranteed parking space(s). Any automobiles of Tenant's overnight guests
must be parked off the Premises. If space is available, such overnight guests may
park as directed by manager provided the appropriate guest permit is displayed on
the mirror of the vehicle. Any automobile that is improperly parked (by tenant or
guests), that is not in operable condition, or that is not properly licensed and
registered in Pitkin County, may be ticketed or towed by the County at Tenant's or
the owner's expense.
16.0 REIMBURSEMENT. If Tenant shall fail to perform an obligation of this lease,
County may, if County so e{ects, perform such obligations and charge the expense
thereof to Tenant as additional rent hereunder.
Page 8 of 14
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JANICE K VOS CAUDILL PITKIN COUNTY GO R 0.00 D 0.00
17.0 SEVERABLE. If any provision of this lease shall be declared invalid or
unenforceable, the remainder of the lease shall continue in full force and effect.
18.0 ATTORNEYS' FEES. Tenant shall pay upon demand County's costs and
expenses, including reasonable attorney's fees incurred in order to enforce any of
the provisions of this lease or any action or proceeding instituted by reason of
Tenant's default hereunder, irrespective of whether an act is commenced to
enforce any provision of this lease.
19.0 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, airport operations,
maintenance, and repair, traffic noises, construction noises and other
disturbances. In connection herewith, Landlord hereby represents and Tenant
hereby acknowledges that there is a certain amount of noise generated from both
the airport's daily operation and the operation activities of airport employees during
the daytime, late evening and early morning that may disturb Tenant, and Tenant
hereby waives any claims against Landlord, the City of Aspen or the County of
Pitkin for such disturbances.
20.0 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
severably 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.
21.0 CASUALTY. In case of fire or other casualty, the Tenant shall give immediate
notice to County. 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, subtenants, 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 County for the damage and
Page 9 of 14
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0,00
loss suffered by the County, including all repairs and rebuilding expenses. County
shall not be responsible for any loss or damage of Tenant's personal property.
22.0 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 condemnor. Tenant waives all claims against
County 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 County may receive, hereby quitclaiming all
interest therein to County, unless otherwise prescribed by law.
23.0 EXPIRATION AND TERMINATION. If there shall be a default in the performance
of the payment of rent or any part thereof for more than three (3) days after written
notice of such default from Landlord or Landlord's agent to Tenant this lease and
all rights of Tenant hereunder shall terminate. 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 for more than three (3) days
after written notice of such default from Landlord to Tenant, Landlord, or
Landlord's agent, at any time thereafter may terminate this Lease by providing a
notice to quit to Tenant, which notice to quit shall be effective upon delivery to
Tenant or upon posting on the front door of the Premises. In that case, this lease
shall terminate and all rights of Tenant hereunder shall terminate.
Prior to expiration or termination, landlord may inspect the premises as provided in
paragraph 10.0 above to determine compliance by tenant with the terms of this
agreement, 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 Landlord, and
Landlord 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 (eased Premises. Tenant shall be
responsible for any and all costs and attorney's fees incurred by Landlord in
enforcing the provisions contained in this paragraph. At any time after such
termination, Landlord may re-let the leased Premises or any part thereofi, in the
name of the Landlord 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 Landlord, at his discretion, may determine,
and may collect and receive the rents therefore. Landlord shall in no way be
responsible for or liable for any failure to re-fet the leased Premises or any part
thereof, or for any failure to collect any rent due upon such re-letting.
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JRNICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 03/12/020000 9.54E
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 Landlord
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 in
the absence of such termination, shall be liable to Landlord for, and shall pay to
Landlord, as and for liquidated and agreed damages for Tenants' 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 agreement, less
b. The net proceeds of any re-letting effected pursuant to the provisions
of the preceding subparagraph, after deducting all of Landlord'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.
Landlord may also, at its option, and without being liable to Tenant for any damage
therefore, remove and store at Tenants' cost, all personal property and effects of
Tenant upon the property, without responsibility for loss or damage, so long as
Landlord uses reasonable care in the removal thereof.
23.1 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 his rights as contained in paragraph 23.0 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.
23.2 HOLDING OVER. Upon the expiration or sooner termination hereof, Tenant shall
immediately and without notice from County surrender possession of the Premises
to County. In the event Tenant does not so vacate the Premises, his 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 most recent rented similar unit in the Premises for under this lease, or that
amount provided for in this lease, whichever is greater. Payments made by
Tenant(s) to 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
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
tenancy so created shall be a tenancy at will.
24.0 SUBORDINATION. This lease is and shall remain subject and subordinate to all
mortgages or deeds of trust now or hereafter affecting the Premises or the building
in which the Premises are located. Although the subordination provision of this
section shall be deemed automatic, Tenant shall within five days after demand
execute any and all instruments requested by County to evidence such
subordination. Should Tenant fail to do so, Tenant hereby irrevocably appoints
County as Tenant's attorney-in-fact to execute those instruments for and on behalf
of Tenant.
25.0 INDEMNITY. Tenant hereby agrees to and does indemnify and hold Landlord
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 Agreement,
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.
26.0 WAIVER. Failure of County to declare any default immediately upon occurrence
thereof and any delay in taking any action in connection therewith shall not waive
such default, but County shall have the right to declare any such default at any
time.
27.0 EXHIBITS AS PART OF LEASE:
Exhibit A -Legal description of the Leased Premises.
28.0 NONDISCRIMINATION. County shall not discriminate against any Tenant
because of age, race, color, religion, sex, creed, marital status, sexual orientation,
public assistance status, disability, handicap, or nationality or ancestry.
29.0 MISCELLANEOUS. Except for the Rules and Regulations and the County
guidelines, this lease may not be modified except in writing signed by the parties.
This lease shall be binding upon the heirs, successors, and assigns of the parties
hereto. This lease shall be construed in accordance with 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.
30.0 REFERENCES. If Tenant provides any prospective landlord with Landlord as a
reference, or if any new prospective landlord of Tenant contacts Landlord for
information regarding Tenant as a tenant, Landlord will provide all information
requested by such new landlord pertaining to Tenant's rental history, including all
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
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 landlord that Landlord does
not believe constitutes confidential information.
IN WITNESS WHEREOF, the parties have entered into this Employee Housing
Lease Agreement effective as of the date first set forth above.
TENANT: ,~
~~
~~
~ ~~--
Tena t Signature #1 Date
PITKIN COUNTY COLORADO
°~~, ,~~.--~-;~. Date
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JRNICE K VOS CRUDILL PITKIN CQUNTY CO R 0.00 D 0.00
TENANT NO. 1 INFORMATION TENANT NO. 2 INFORMATION
Name: ~,I'~~2 ~• ~~C~trr•I-Zf Name:
Mailing Address: '~° ~x Ir~1~ 1
Home phone ~ll~ -~CC~ ~ ~~5~
Work phone ~ ~~~ • ~ ~~• ~~ ~~
E-mail: -~~-,~•nZC~ld~~~LrC~~i~~`'•~•~'`"'~
Drivers Lic. # ~l`i3 ~'~ '' ~~
Employer ~ (~ c, Q ~
S.S.# ~~/~~ ~ I - ~ti~
Vehicle license # ~~ (o ~ ~
Vehicle Type: Ci~~ ~ 54~~~-~'~ `'~
Home phone
Work phone
E-mail:
Drivers Lic. #
Employer
S.S.#
Vehicle license #
Vehicle Type:
CONTACT IN CASE OF EMERGENCY:
_~~
Name .-..~ ~G ~ ~,` {, l z, ~ cue ~.,~er~ Name
Relation ~"{ ~ ~~ Relation
Phone # ~(~~ • ~i~..~° `~~~~ Phone #
Address Ind ~~X f~ss~so Address
. ~ C~ ~~~~
Mailing Address:
Page 14 of 14
~~~~~~
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03/12/2007 09;54F
JgNICE K VOS CpUDILL PITKIN COUNTY CO R 0.00 D 0.00
NOTE. THIS EXHIBIT D SNOT
REPRE ENT A MONUME ED
BOUND Y SURVEY AND S
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/ POINT OF COMMENCEMENT'S 2704.13'
S1/4 Cor. Sec. 34 SE Cor, Sec. 34
o s ~o zo ~ T9S, R85W, 6th P.M. T9S, RBSW, 6th P.M.
2 1/2" GLO Brass Cap 3 1/4" Alum. Cap
1 inch = 20 tt LS 9184
CAREER do BURGESS PROJECT N0. 071056
CLIENT PROJECT NO.
REVISION DESCRIPTION
DRAWN DGW DATE 09/07/06 SCALE 1"=20'
~~r ~ BV!'~tii
907 17th Street Denver, CO 80202
(bs! ao-uo ra Gtcn mo-~e~z
s MATERIAL ANO ANY ASSOCUTED EuxTNONIC DATA wAS PRElARW sr cARTER t
pIC. FOR THE vROrECr RmICnTEO. ANT REUSE OR YODITICATNNI wTtxart THE
WRIREN CONSENT Or CARTER R BIRNNSS SHALL BE AT THE SOLE RISIf OF THE USER.
ASPEN AIRPORT
SW 1 /4 SEC. 34, T9S, R85W, 6th P.M.
PITKIN COUNTY, COLORADO
ALE` EXHIBIT A
REVISION: DRAWING N0. SHEET N0.
FS-DWELLING-UNITS 2 OF 2
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AIRPORT OPERATIONS CENTER
EMPLOYEE HOUSING LEASE AGREEMENT
THIS AGREEMENT is made this 22nd day of December, 2006, by and between the
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a
Colorado Home-rule County, (hereinafter referred to as "County" or "Landlord") and
Jessica Green and Emmanuel Vizcaya (hereinafter referred to as "Tenant").
In consideration of the payment of the rent and performance of the promises set
forth below, County does hereby lease to the Tenant the following described Employee
Housing in Pitkin County, in the State of Colorado, described as Employee Housing unit
number 1 located at 1001 Owl Creek Road, Aspen, Colorado 81611, hereinafter referred
to as the "Premises" which employee unit is to be used only as a private residence for
qualified employees of Pitkin County (and qualified members of their family), and for no
other purpose whatsoever.
IT IS MUTUALLY AGREED BY THE PARTIES AS FOLLOWS:
1.0 LEASE OF PREMISES. County hereby leases to Tenant(s) Employee Housing
Unit No. 1 ,Pitkin County, Colorado (the "Premises") for a term commencing at
noon on December 22, 2006, and expiring at noon on December 31, 2007, unless
sooner terminated as provided herein, subject to the terms and conditions of this
Agreement, and further subject to the Exhibit attached hereto and by this reference
incorporated herein.
2.0 EMPLOYMENT. Tenant agrees that he shall remain employed in Pitkin County in
accordance with the terms of the current Aspen Pitkin County Housing Authority
Employee Housing Guidelines for Category 2 Housing through the duration of this
agreement, as a condition of this lease. In addition, of the 1,500 hours of required
annual employment within Pitkin County under the Aspen Pitkin County Housing
Authority Employee Housing Guidelines, at least 1,300 hours (an average of 25
hours a week) of annua mployment must be as an employee either of a "Leased
Tenant" of the Aspen/Pitkin County Airport or of Pitkin County at the Aspen/Pitkin
County Airport. County will review this requirement quarterly with the "Leased
Tenant" management. A "Leased Tenant" is defined as a business that operates on
airport propertjr and operates under a current lease, concession or other agreement
with County. These requirements shall be known as "the Guidelines". In the event
of termination of such employment Tenant immediately shall comply with the
Guidelines or surrender his/her right to use and occupy the employee unit.
2.1 VERIFICATION AND DOCUMENTATION FOR TENANT QUALIFICATION. Prior
to occupancy of the Premises under this lease agreement and as requested by the
County during the term of this lease at least once every two years, Tenant agrees
to furnish County a copy of Tenant's federal income tax return for the current and
prior year and any other documentation or verification necessary or deemed
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appropriate by County to verify Tenant's income and employment for the purpose of
qualifying Tenant for tenancy under the Guidelines. Until all of these documents
have been received and approved by the County, the tenancy shall be deemed to
be month to month. Any change in roommates or persons occupying the Premises
requires a re-qualification under the Guidelines of all the persons occupying the
lease Premises. Failure to re-qualify the entire household prior to occupancy by
any new roommate or persons intended to occupy the Premises may result in the
immediate termination of this Lease Agreement. Should the Tenant, having
previously qualified for housing by meeting the requirement as an employee of
either of a "Leased Tenant" of the Aspen/Pitkin County Airport or of Pitkin County at
the Aspen/Pitkin County Airport, and subsequently lose their employment or fall
under the required hours, this lease agreement will terminate in 60 days or at the
date specified in the current Lease Agreement, whichever is sooner.
In order to remain eligible to occupy and lease the Premises, Tenant must reside in
the Premises for a minimum of nine (9) months in any consecutive twelve (12)
month period.
3.0 RENT. The rental for the Premises for the term of this lease shall be the sum of
$6,228.00, payable in monthly installments of $519.00, commencing on January 1,
2007 and continuing on the first day of each calendar month thereafter. Tenant
shall deliver each monthly installment of $519.00 payable to Pitkin County at the
address set forth in this Lease Agreement, or at such other place as County may,
from time to time, designate in writing, on or before the first day of each calendar
month. It is expressly agreed that the discharge of the rental obligation in monthly
installments is for the convenience of Tenant only and Tenant is hereby obligated to
pay the full rent set forth in this paragraph 3.0 notwithstanding the termination of
this Lease Agreement for any reason whatsoever in advance of the expiration of
the lease term. In the event of a termination of this Lease Agreement prior to the
expiration of the full lease term the full rent set forth in the first line of this paragraph
3.0 shall become immediately due and payable. The County does not accept cash
or credit card payments, and rent must be paid in the form of a money order,
cashier's check or personal check. All checks must be made payable to Pitkin
County with the unit number noted on the check and may be physically delivered to
the Airport Administration Office during normal business hours (8am - 4:30 p.m.
Monday -Friday) or mailed to:
Aspen/ Pitkin County Airport
0233 East Airport Road, Suite A
Aspen, CO 81611
Note: Prorated rents, if applicable, will be computed by dividing the monthly
rent amount by the number of days in the appropriate month and multiplying
the quotient by the number of days in the month Tenant is entitled to
possession of the Premises.
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3.1 Monthly rental payments shall be due and payable on or before the first day of
each month of the lease term in the form of a personal check, cashier's check or
money order (made out to Pitkin County). If Tenant makes any payment to the
County by a check which is later dishonored for any reason, the County may, in
addition to the other remedies available to it hereunder, require that future rental
payments be paid by cashier's check or certified funds. Tenant agrees to pay
County $25.00 for each instance that a check given to the County is dishonored in
addition to a late payment charge. If County receives more than one dishonored
check from Tenant during his or her tenancy, County at its option, shall have the
right to terminate this lease.
3.2 L~~ST MONTH'S RENT. Tenant, on execution hereof, has paid to the County
$519.00 in full as the last month's Pro Rata rent, OR tenant has agreed to a 3
month payment plan for last month's rent (LMR) hereunder:
First LMR amount paid: $173.00 on move in date: December 22 2006
Second LMR amount due: $173.00 on date: February 5 2007
Third LMR amount due: $173.00 on date: March 5. 2007
This sum may be co-mingled by County with other funds to the extent allowed by
lauv, and shall not be construed as being held in trust for Tenant. No interest shall
be paid to Tenant on this amount. Upon the expiration or sooner termination
hereof, County may apply this amount toward unpaid rent.
3.3 Ul'ILITIES.
Tenant shall pay for telephone and electric service. Natural gas, trash and water
will be included in the rental. Set-up and payment of utilities shall be the
re:~ponsibility of the tenant.
4.0 DEFAULT AND LATE CHARGES. Tenant shall be assessed a late charge of $25
if l-enant has not paid rent by the close of business on the FIFTH (5TH) day of the
month or the first (1st) business day after the fifth (5th) day of the month if the fifth
(5th) day of the month is a weekend or holiday. An additional late charge of $25
will be assessed for a maximum late charge per month of $50.00 after the tenth
(10th) day of the month or the first (1St) business day after the tenth (10th) day of the
month if the tenth (10th) day of the month is a weekend or holiday. County's failure
to collect any late charges that have accrued shall not be deemed to be a waiver of
thE~se charges and County 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. Accordingly, partial payments of
rent will not prevent the full late charge from being applied to the amounts due.
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5.0 SECURITY DEPOSIT. Tenant on execution hereof, has paid to the County
$519.00 as a damage/security deposit for the faithful performance of the terms,
conditions and obligations hereof.
Security deposits shall not be considered as pre-payment of any rent or for
payment of a last month's rent. This sum represents a security deposit as
defined and described under the security deposit laws of the State of Colorado and
may be co-mingled by County with other funds to the extent allowed by law, and
shall not be construed as being held in trust for Tenant. Proceeds from this deposit
may be used to pay any amounts due to Landlord from Tenant by reason of
Tenants' failure to perform any of the covenants or conditions contained herein. No
interest shall be paid to Tenant on the security deposit. Upon the expiration or
sooner termination hereof, County may apply this deposit toward unpaid rent,
damages, cleaning, replacement, or other expenses or obligations of or chargeable
to Tenant hereunder. This security deposit shall also be applied to any unpaid
miscellaneous fees that were due from the Tenant when incurred, including late
charges. In the event that cause exists for retaining any portion of the security
deposit, the County not later than 60 days after the expiration or sooner termination
hereof, shall provide the Tenant with payment of the unused portion of this deposit
and an accounting of deductions. Said sixty (60) day notice shall be deemed given
upon deposit in the mail, regular postage pre-paid addressed to Tenant at the
address set forth in this agreement. This security deposit shall not be construed as
liquidated damages and shall not impair or alter remedies otherwise available to
County 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 security
deposit. In the event Tenant unlawfully attempts to terminate this lease or
abandons the Premises, the County shall be entitled to retain the entire security
deposit.
5.1 In the event of default and failure to cure as described above, or if Tenant
abandons the Premises, or should Tenant be evicted, the County, in addition to any
other remedies available to it, may re-enter the Premises without any liability to
Tenant therefore, and as agent for the Tenant or otherwise, re-let the Premises.
The proceeds of any re-letting shall be applied first to the cost and expenses,
including reasonable attorneys' fees, incurred by County 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
County for all rent, liabilities, expenses and other obligations hereunder for which
recovery is not made by County through re-letting as provided in this subparagraph.
5.2 The rights and remedies of County provided for herein are in addition to and not an
exclusion of any other remedies available to County at law or in equity.
6.0 NOTICE OF INTENT TO TERMINATE AT END OF LEASE TERM. If Tenant does
not wish to renew this lease at the expiration of the term hereof, Tenant shall so
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notify County of its intent to vacate the Premises on the termination date at least 30
days prior to the termination date of this lease agreement. County in its sole
discretion, may determine to renew the lease or to terminate it for any reason,
including but not limited to tenants maintenance of the premises as required in
paragraph 9.0. If Tenant does not renew for another lease term and vacates the
Premises at the end of the lease term without providing such 30 day notice, Tenant
agrees that as and for liquidated damages, County shall be entitled to retain
Tenant's security deposit at the end of the lease term, plus recover from Tenant
any damages or cleaning charges incurred by County as a result of Tenant's
vacation of the Premises.
7.0 PETS OR ANIMALS ON PREMISES. No Tenant shall be permitted to house any
pets or animals, unless the animal is trained and certified to assist a handicapped
or disabled Tenant. Each Tenant shall be liable for the cost of repair of the
damages resulting from or inflicted by an animal harbored or kept on the Premises.
At a minimum, this shall entail the professional cleaning of all the carpets upon the
removal of the pet or the termination of the lease, whichever first occurs. Tenants
are responsible for the presence of any animals in violation of this rule (this includes
all animals that may be present, whether owned by Tenant, a friend or relative of
Tenant, or some other third party present on Tenant's premises), and will be
assessed a fine of $50.00 for every violation of this rule. In addition, the presence of
any animals in violation of this rule is considered a violation of the lease and may
result in the termination or non-renewal of lease.
8.0 USE OF PREMISES. The Premises shall be used by Tenant for private dwelling
residential purposes only and shall be occupied only by Tenant and Tenant's
immediate family, who are either minor children, or have been qualified under the
County guidelines, consisting of the following persons:
Emmanuel Vizcaya
8.1 Tenant shall have no more than a combined total of three occupants at any one
time. Occupancy by any guest shall be limited to seven (7) consecutive days, or a
total of fourteen (14) days during the term hereof unless the County otherwise
consents in writing.
8.2 Tenant must notify County in writing of persons that will occupy the unit in Tenant's
absence for periods of one week or longer.
8.3 Tenant's use and occupancy of the Premises (as well as the use and occupancy of
the Premises by all of Tenant's guests, family, agents or invitees) shall be subject to
the applicable County rules and regulations. Violation of these rules shall be
deemed a material default under this lease. County may, by written notice to
Tenant, alter or amend these rules, at which point the new rules shall be deemed
incorporated into this lease.
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8.4 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 any signs or
client traffic) or unlawful purpose of any sort.
8.5 Smoking is not permitted on the Premises at any time.
8.6 Tenant will be provided with two keys for the Premises, which are not duplicatable
by tenant. Should tenant lose one or more keys to the Premises, Tenant shall be
reponsible fora $25.00 replacement fee, plus the actual cost of replacing the
key(s), and if necessary, any key cores.
9.0 CONDITION OF PREMISES. Tenant accepts the Premises in their present
condition and state of repair without any warranties or representations of any nature
whatsoever by County. Tenant hereby acknowledges that Tenant has inspected
the Premises, and fixtures and that the same are in good condition and suitable for
the use intended. 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 good order and repair during
the term of this Lease, including interior walls, fixtures, windows, and appliances,
and shall at the expiration or sooner termination hereof deliver the same to County
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 County.
County at its sole option, may require Tenant to repair said damage at Tenant's
own cost and expense, or County may repair such damage and charge the
expense thereof to Tenant as additional rent hereunder.
10.0 ENTRY AND INSPECTION. County may at reasonable times and upon twenty-
four (24) hours notice enter into the Premises for purposes of inspection and repair.
In addition, County may at reasonable times and upon reasonable notice show the
Premises to prospective Tenants during the last three months of the term hereof, or
with 30 days prior to expiration hereof. This right of inspection shall not be
construed to create any obligation upon County for the maintenance of Premises.
In the event actual notice is not obtained, notice, in either case, shall be deemed to
be effective and reasonable twenty four (24) hours after posting written notice on
the front door of the Premises. County may enter the premises at any time without
prior notice in the event of an emergency as determined by County.
11.0 ASSIGNMENT AND SUBLETTING. Tenant shall not lease, sublease, assign,
transfer, mortgage, pledge or otherwise in any way alienate, hypothecate,
encumber or suffer all or any part of the Premises or this lease without the prior
written consent of County which consent may be withheld or granted in County's
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sole, absolute and unqualified discretion. Tenant shall not receive rent or any other
payment of any kind or nature whatsoever from guests or other persons using the
Premises. This restriction shall apply to any transaction which gives, or is intended
to give, some person or entity other than Tenant any right to use or possess the
Premises.
12.0 ALTERATIONS. Tenant shall not make any alterations, additions, improvements
or repairs to the Premises (other than ordinary maintenance) without the prior
written consent of County. Any alterations, additions or improvements, when made
or attached to the Premises, shall belong to and become the property of County
and shall be surrendered upon the expiration or sooner termination of this lease.
Notwithstanding the foregoing, County may require Tenant to remove all or any part
of such alterations, additions or improvements and return the Premises to the
condition existing at the commencement hereof, ordinary wear and tear excepted.
Any alterations, improvement or repairs shall be made in a satisfactory and
workmanlike manner. Tenant shall not permit any lien or other encumbrance to be
filed against the Premises in connection therewith, and shall indemnify County
against such liens and encumbrances.
13.0 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 County enters into possession of the Premises and there is within
the Premises furniture, furnishings, fixtures, or other personal property of the
Tenant, County shall have the right and option without liability to Tenant: 1) to store
such property in a warehouse or other storage space provided by County 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 County
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 County, with any excess over the amounts required for such purposes
payable to Tenant, or (3) in the discretion of County should such property be
deemed by it of small value, said property may be discarded or destroyed.
14.0 STORAGE AREAS. Tenant acknowledges that Tenant's rental of the Premises
does not include any right to or possession of areas in the Premises for storage
other than as are specifically assigned to the Premises. In connection with the use
by Tenant of any storage area(s) associated with Tenant's rental of the premises,
Tenant hereby agrees that County shall not be responsible or liable for any theft,
loss, damage, or claim incurred by Tenant to any property of Tenant's located in
any storage area. The use of any storage area by Tenant shall be at Tenant's sole
risk and Tenant hereby indemnifies and holds County harmless from and against
any and all claims for such theft, loss, damage or claim incurred by Tenant as a
result of Tenant's use of any storage area. Any items stored without the consent of
County may be removed and disposed of as County sees fit and without any
obligation whatsoever to Tenant. In no event shall Tenant store any flammable,
toxic or hazardous materials in any storage area provided to Tenant by Landlord.
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Any such storage of flammable, toxic or hazardous materials shall be deemed to be
a default under this Lease Agreement.
15.0 VEHICLE PARKING. Tenant may not at any time use or occupy more than two
(2) vehicle parking spaces per apartment at the Premises parking area. No
trailers, motor homes, campers or other similar items are allowed on the Premises.
For any vehicle permitted by Landlord to park on the Premises, Tenant will be
supplied with a parking sticker that shall be displayed in the lower left hand corner
of the windshield. Any vehicle parked on the Premises that does not display such
parking sticker may be ticketed or towed at the expense of the owner of the vehicle.
Tenant shall supply County with the license number and a copy of the registration
papers of the automobile that will occupy such parking spaces indicating that
Tenant is the owner of the vehicle. In order to obtain a parking sticker, the vehicle
must be properly licensed, registered in Pitkin County, and in running condition.
The provisions of this lease and the issuance of a parking permit to Tenant do not
guarantee Tenant that parking spaces will be available to Tenant at all times, and
Landlord has no obligation to Tenant to provide Tenant with a guaranteed parking
space(s). Any automobiles of Tenant's overnight guests must be parked off the
Premises. If space is available, such overnight guests may park as directed by
manager provided the appropriate guest permit is displayed on the mirror of the
vehicle. Any automobile that is improperly parked (by tenant or guests), that is not
in operable condition, or that is not properly licensed and registered in Pitkin
County, may be ticketed or towed by the County at Tenant's or the owner's
expense.
16.0 REIMBURSEMENT. If Tenant shall fail to perform an obligation of this lease,
County may, if County so elects, perform such obligations and charge the expense
thereof to Tenant as additional rent hereunder.
17.0 SEVERABLE. If any provision of this lease shall be declared invalid or
unenforceable, the remainder of the lease shall continue in full force and effect.
18.0 ATTORNEYS' FEES. Tenant shall pay upon demand County's costs and
expenses, including reasonable attorney's fees incurred in order to enforce any of
the provisions of this lease or any action or proceeding instituted by reason of
Tenant's default hereunder, irrespective of whether an act is commenced to enforce
any provision of this lease.
19.0 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, airport operations,
maintenance, and repair, traffic noises, construction noises and other disturbances.
In connection herewith, Landlord hereby represents and Tenant hereby
acknowledges that there is a certain amount of noise generated from both the
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airport's daily operation and the operation activities of airport employees during the
daytime, late evening and early morning that may disturb Tenant, and Tenant
hereby waives any claims against Landlord, the City of Aspen or the County of
Pitkin for such disturbances.
20.0 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
severably 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.
21.0 CASUALTY. In case of fire or other casualty, the Tenant shall give immediate
notice to County. 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, subtenants, 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 County for the damage and loss
suffered by the County, including all repairs and rebuilding expenses. County shall
not be responsible for any loss or damage of Tenant's personal property.
22.0 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 condemnor. Tenant waives all claims against
County 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 County may receive, hereby quitclaiming all interest
therein to County, unless otherwise prescribed by law.
23.0 EXPIRATION AND TERMINATION. If there shall be a default in the performance
of the payment of rent or any part thereof for more than three (3) days after written
notice of such default from Landlord or Landlord's agent to Tenant this lease and all
rights of Tenant hereunder shall terminate. 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 for more than three (3) days
after written notice of such default from Landlord to Tenant, Landlord, or Landlord's
agent, at any time thereafter may terminate this Lease by providing a notice to quit
to Tenant, which notice to quit shall be effective upon delivery to Tenant or upon
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posting on the front door of the Premises. In that case, this lease shall terminate
and all rights of Tenant hereunder shall terminate.
Prior to expiration or termination, landlord may inspect the premises as provided in
paragraph 10.0 above to determine compliance by tenant with the terms of this
agreement, 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 Landlord, and
Landlord 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 Landlord in enforcing the
provisions contained in this paragraph. At any time after such termination, Landlord
may re-let the leased Premises or any part thereof, in the name of the Landlord 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 Landlord, at his discretion, may determine, and may collect and
receive the rents therefore. Landlord 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 Landlord
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 in
the absence of such termination, shall be liable to Landlord for, and shall pay to
Landlord, as and for liquidated and agreed damages for Tenants' 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 agreement, less
b. The net proceeds of any re-letting effected pursuant to the provisions
of the preceding subparagraph, after deducting all of Landlord'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.
Landlord may also, at its option, and without being liable to Tenant for any damage
therefore, remove and store at Tenants' cost, all personal property and effects of
Tenant upon the property, without responsibility for loss or damage, so long as
Landlord uses reasonable care in the removal thereof.
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23.1 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 his rights as contained in paragraph 23.0 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.
23.2 HOLDING OVER. Upon the expiration or sooner termination hereof, Tenant shall
immediately and without notice from County surrender possession of the Premises
to County. In the event Tenant does not so vacate the Premises, his 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 most recent rented similar unit in the Premises for under this lease, or that
amount provided for in this lease, whichever is greater. Payments made by
Tenant(s) to 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.
24.0 SUBORDINATION. This lease is and shall remain subject and subordinate to all
mortgages or deeds of trust now or hereafter affecting the Premises or the building
in which the Premises are located. Although the subordination provision of this
section shall be deemed automatic, Tenant shall within five days after demand
execute any and all instruments requested by County to evidence such
subordination. Should Tenant fail to do so, Tenant hereby irrevocably appoints
County as Tenant's attorney-in-fact to execute those instruments for and on behalf
of Tenant.
25.0 INDEMNITY. Tenant hereby agrees to and does indemnify and hold Landlord
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 Agreement,
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.
26.0 WAIVER. Failure of County to declare any default immediately upon occurrence
thereof and any delay in taking any action in connection therewith shall not waive
such default, but County shall have the right to declare any such default at any
time.
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
27.0 EXHIBITS AS PART OF LEASE:
Exhibit A -Legal description of the Leased Premises.
28.0 NONDISCRIMINATION. County shall not discriminate against any Tenant
because of age, race, color, religion, sex, creed, marital status, sexual orientation,
public assistance status, disability, handicap, or nationality or ancestry.
29.0 MISCELLANEOUS. Except for the Rules and Regulations and the County
guidelines, this lease may not be modified except in writing signed by the parties.
This lease shall be binding upon the heirs, successors, and assigns of the parties
hereto. This lease shall be construed in accordance with 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.
30.0 REFERENCES. If Tenant provides any prospective landlord with Landlord as a
reference, or if any new prospective landlord of Tenant contacts Landlord for
information regarding Tenant as a 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 landlord that Landlord does
not believe constitutes confidential information.
IN WITNESS WHEREOF, the parties have entered into this Employee Housing
Lease Agreement effective as of the date first set forth above.
TENANT:
~'~
T ant Signature #1 Date
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~~-_.._ .__ Tenant Signature #1 Date
PITKIN COUNTY COLORADO
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Page 12 of 13
535~~9
Page: 13 of 14
03/12/2007 10:05f
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
TENANT NO. 1 INFORMATION TENANT NO. 2 INFORMATION
Name: /~J~~~G~ ~~~'~,~t~~a
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Mailing Address: ,
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Drivers Lic. # ~~ ~~ % ` /~ l l
Employer ~/mar ,~{f;/`( ~ ~G"~,
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Vehicle license #
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Mailing Address: ~~~~~~IJT
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E-mail: ~ ~ cs5 ~.ya6~~ . ~c~2c
Drivers Lic. # ~~ --~ ~ S -- Uri ~oG
Employer
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Vehicle license # ~ (~ ~ Z ~~ z
Vehicle T e: ~- ~r~ ,~~L,; ~GZ~°' ~~, ,
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CO,taTACT IN CASE OF EMERGENCY:
Name G~ ~l~° ~ I7~ ~~/~~~%,~
Relation / ~ l~ f 1 t.~~~
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Phone # ~7~~~ D~ ~~~~~
Address ~~C ~~f'~ C~
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Page 13 of 13
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JRNICE K 1+05 CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
NOTE. THIS EXHIBIT D SNOT
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CARTER do BURGESS PROJECT N0. 071056
CUENi PROJECT N0.
REVISION DESCRIPTION
DRAWN Dcw DATE oe/o7/o6 scAtE 1"=zo'
CetH~RBur~gess
707 17th Street Denver, CO 80202
(~ ego-sew ra fx~ Leo-+s<t
THIS YAIERIAI AND ANY ASSOCIATED EiFC1RONIC DATA WAS PREPARED BY CARTER t
BURGESS, RN;. FOR THE PROJECT RIDICATED. ANY REUSE OR MODIFICATION NRilIOIIT THE
WRInEN CONSENr OF CAATER t BURGESS SHALL BE AT THE SOUE 8151( Oi THE USER.
0
POINT OF COMMENCEMENT 2704.13
S7/4 Cor. Sec. 34 SE Cor, Sec. 34
T9S, R85W, 6th P.M. T9S, R85W, 6th P.M.
2 1 j2" GLO Brass Cap 3 1/4" Alum. Cap
LS 9184
ASPEN AIRPORT
SW 1 /4 SEC. 34, 79S, R85W, 6th P.M.
PITKIN COUNTY, COLORADO
mLE: EXHIBIT A
REVISION: DRAWING N0. SHEET NO.
FS-DWELLING-UNITS 2 OF 2
535320
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.@0 D 0.00
AIRPORT OPERATIONS CENTER
EMPLOYEE HOUSING LEASE AGREEMENT
THIS AGREEMENT is made this 22nd day of December, 2006, by and between the
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a
Colorado Home-rule County, (hereinafter referred to as "County" or "Landlord") and
Shat/ Reilly and Emily Reilly (hereinafter referred to as "Tenant").
In consideration of the payment of the rent and performance of the promises set
forth below, County does hereby lease to the Tenant the following described Employee
Housing in Pitkin County, in the State of Colorado, described as Employee Housing unit
number 2 located at 1001 Owl Creek Road, Aspen, Colorado 81611, hereinafter referred
to as the "Premises" which employee unit is to be used only as a private residence for
qualified employees of Pitkin County (and qualified members of their family), and for no
other purpose whatsoever.
IT IS MUTUALLY AGREED BY THE PARTIES AS FOLLOWS:
1.0 LEASE OF PREMISES. County hereby leases to Tenant(s) Employee Housing
Unit No. 2 ,Pitkin County, Colorado (the "Premises") for a term commencing at
noon on December 22, 2006, and expiring at noon on December 31, 2007, unless
sooner terminated as provided herein, subject to the terms and conditions of this
Agreement, and further subject to the Exhibit attached hereto and by this reference
incorporated herein.
2.0 EMPLOYMENT. Tenant agrees that he shall remain employed in Pitkin County in
accordance with the terms of the current Aspen Pitkin County Housing Authority
Employee Housing Guidelines for Category 2 Housing through the duration of this
agreement, as a condition of this lease. In addition, of the 1,500 hours of required
annual employment within Pitkin County under the Aspen Pitkin County Housing
Authority Employee Housing Guidelines, at least 1,300 hours (an average of 25
hours a week) of annual employment must be as an employee either of a "Leased
Tenant" of the Aspen/Pitkin County Airport or of Pitkin County at the Aspen/Pitkin
County Airport. County will review this requirement quarterly with the "Leased
Tenant" management. A "Leased Tenant" is defined as a business that operates on
airport property and operates under a current lease, concession or other agreement
with County. These requirements shall be known as "the Guidelines". In the event
of termination of such employment Tenant immediately shall comply with the
Guidelines or surrender his/her right to use and occupy the employee unit.
2.1 VERIFICATION AND DOCUMENTATION FOR TENANT QUALIFICATION. Prior
to occupancy of the Premises under this lease agreement and as requested by the
County during the term of this lease at least once every two years, Tenant agrees
to furnish County a copy of Tenant's federal income tax return for the current and
prior year and any other documentation or verification necessary or deemed
Page 1 of 13
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
appropriate by County to verify Tenant's income and employment for the purpose of
qualifying Tenant for tenancy under the Guidelines. Until all of these documents
have been received and approved by the County, the tenancy shall be deemed to
be month to month. Any change in roommates or persons occupying the Premises
requires a re-qualification under the Guidelines of all the persons occupying the
lease Premises. Failure to re-qualify the entire household prior to occupancy by
any new roommate or persons intended to occupy the Premises may result in the
immediate termination of this Lease Agreement. Should the Tenant, having
previously qualified for housing by meeting the requirement as an employee of
either of a "Leased Tenant" of the Aspen/Pitkin County Airport or of Pitkin County at
the Aspen/Pitkin County Airport, and subsequently lose their employment or fall
under the required hours, this lease agreement will terminate in 60 days or at the
date specified in the current Lease Agreement, whichever is sooner.
In order to remain eligible to occupy and lease the Premises, Tenant must reside in
the Premises for a minimum of nine (9) months in any consecutive twelve (12)
month period.
3.0 RENT. The rental for the Premises for the term of this lease shall be the sum of
$6,228.00, payable in monthly installments of $519.00, commencing on January 1,
2007 and continuing on the first day of each calendar month thereafter. Tenant
shall deliver each monthly installment of $519.00 payable to Pitkin County at the
address set forth in this Lease Agreement, or at such other place as County may,
from time to time, designate in writing, on or before the first day of each calendar
month. It is expressly agreed that the discharge of the rental obligation in monthly
installments is for the convenience of Tenant only and Tenant is hereby obligated to
pay the full rent set forth in this paragraph 3.0 notwithstanding the termination of
this Lease Agreement for any reason whatsoever in advance of the expiration of
the lease term. In the event of a termination of this Lease Agreement prior to the
expiration of the full lease term the full rent set forth in the first line of this paragraph
3.0 shall become immediately due and payable. The County does not accept cash
or credit card payments, and rent must be paid in the form of a money order,
cashier's check or personal check. All checks must be made payable to Pitkin
County with the unit number noted on the check and may be physically delivered to
the Airport Administration Office during normal business hours (8am - 4:30 p.m.
Monday -Friday) or mailed to:
Aspen/ Pitkin County Airport
0233 East Airport Road, Suite A
Aspen, CO 81611
Note: Prorated rents, if applicable, will be computed by dividing the monthly
rent amount by the number of days in the appropriate month and multiplying
the quotient by the number of days in the month Tenant is entitled to
possession of the Premises.
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
3.1 Monthly rental payments shall be due and payable on or before the first day of
each month of the lease term in the form of a personal check, cashier's check or
money order (made out to Pitkin County). If Tenant makes any payment to the
County by a check which is later dishonored for any reason, the County may, in
addition to the other remedies available to it hereunder, require that future rental
payments be paid by cashier's check or certified funds. Tenant agrees to pay
County $25.00 for each instance that a check given to the County is dishonored in
addition to a late payment charge. If County receives more than one dishonored
check from Tenant during his or her tenancy, County at its option, shall have the
right to terminate this lease.
3.2 LAST MONTH'S RENT. Tenant, on execution hereof, has paid to the County
$519.00 in full as the last month's Pro Rata rent, OR tenant has agreed to a 3
month payment plan for last month's rent (LMR) hereunder:
First LMR amount paid: $173.00 on move in date: December 22 2006
Second LMR amount due: $173.00 on date: February 5 2007
Third LMR amount due:_ $173.00 on date: March 5. 2007
This sum may be co-mingled by County with other funds to the extent allowed by
law, and shall not be construed as being held in trust for Tenant. No interest shall
be paid to Tenant on this amount. Upon the expiration or sooner termination
hereof, County may apply this amount toward unpaid rent.
3.3 UTILITIES.
Tenant shall pay for telephone and electric service. Natural gas, trash and water
will be included in the rental. Set-up and payment of utilities shall be the
responsibility of the tenant.
4.0 DEFAULT AND LATE CHARGES. Tenant shall be assessed a late charge of $25
if Tenant has not paid rent by the close of business on the FIFTH (5TH) day of the
month or the first (1st) business day after the fifth (5th) day of the month if the fifth
(5th) day of the month is a weekend or holiday. An additional late charge of $25
will be assessed for a maximum late charge per month of $50.00 after the tenth
(10th) day of the month or the first (1St) business day after the tenth (10th) day of the
month if the tenth (10th) day of the month is a weekend or holiday. County's failure
to collect any late charges that have accrued shall not be deemed to be a waiver of
these charges and County 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. Accordingly, partial payments of
rent will not prevent the full late charge from being applied to the amounts due.
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
5.0 SECURITY DEPOSIT. Tenant on execution hereof, has paid to the County
$519.00 as a damage/security deposit for the faithful performance of the terms,
conditions and obligations hereof.
Security deposits shall not be considered as pre-payment of any rent or for
payment of a last month's rent. This sum represents a security deposit as
defined and described under the security deposit laws of the State of Colorado and
may be co-mingled by County with other funds to the extent allowed by law, and
shall not be construed as being held in trust for Tenant. Proceeds from this deposit
may be used to pay any amounts due to Landlord from Tenant by reason of
Tenants' failure to perform any of the covenants or conditions contained herein. No
interest shall be paid to Tenant on the security deposit. Upon the expiration or
sooner termination hereof, County may apply this deposit toward unpaid rent,
damages, cleaning, replacement, or other expenses or obligations of or chargeable
to Tenant hereunder. This security deposit shall also be applied to any unpaid
miscellaneous fees that were due from the Tenant when incurred, including late
charges. In the event that cause exists for retaining any portion of the security
deposit, the County not later than 60 days after the expiration or sooner termination
hereof, shall provide the Tenant with payment of the unused portion of this deposit
and an accounting of deductions. Said sixty (60) day notice shall be deemed given
upon deposit in the mail, regular postage pre-paid addressed to Tenant at the
address set forth in this agreement. This security deposit shall not be construed as
liquidated damages and shall not impair or alter remedies otherwise available to
County 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 security
deposit. In the event Tenant unlawfully attempts to terminate this lease or
abandons the Premises, the County shall be entitled to retain the entire security
deposit.
5.1 In the event of default and failure to cure as described above, or if Tenant
abandons the Premises, or should Tenant be evicted, the County, in addition to any
other remedies available to it, may re-enter the Premises without any liability to
Tenant therefore, and as agent for the Tenant or otherwise, re-let the Premises.
The proceeds of any re-letting shall be applied first to the cost and expenses,
including reasonable attorneys' fees, incurred by County 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
County for all rent, liabilities, expenses and other obligations hereunder for which
recovery is not made by County through re-letting as provided in this subparagraph.
5.2 The rights and remedies of County provided for herein are in addition to and not an
exclusion of any other remedies available to County at law or in equity.
6.0 NOTICE OF INTENT TO TERMINATE AT END OF LEASE TERM. If Tenant does
not wish to renew this lease at the expiration of the term hereof, Tenant shall so
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
notify County of its intent to vacate the Premises on the termination date at least 30
days prior to the termination date of this lease agreement. County in its sole
discretion, may determine to renew the lease or to terminate it for any reason,
including but not limited to tenants maintenance of the premises as required in
paragraph 9.0. If Tenant does not renew for another lease term and vacates the
Premises at the end of the lease term without providing such 30 day notice, Tenant
agrees that as and for liquidated damages, County shall be entitled to retain
Tenant's security deposit at the end of the lease term, plus recover from Tenant
any damages or cleaning charges incurred by County as a result of Tenant's
vacation of the Premises.
7.0 PETS OR ANIMALS ON PREMISES. No Tenant shall be permitted to house any
pets or animals, unless the animal is trained and certified to assist a handicapped
or disabled Tenant. Each Tenant shall be liable for the cost of repair of the
damages resulting from or inflicted by an animal harbored or kept on the Premises.
At a minimum, this shall entail the professional cleaning of all the carpets upon the
removal of the pet or the termination of the lease, whichever first occurs. Tenants
are responsible for the presence of any animals in violation of this rule (this includes
all animals that may be present, whether owned by Tenant, a friend or relative of
Tenant, or some other third party present on Tenant's premises), and will be
assessed a fine of $50.00 for every violation of this rule. In addition, the presence of
any animals in violation of this rule is considered a violation of the lease and may
result in the termination or non-renewal of lease.
8.0 USE OF PREMISES. The Premises shall be used by Tenant for private dwelling
residential purposes only and shall be occupied only by Tenant and Tenant's
immediate family, who are either minor children, or have been qualified under the
County guidelines, consisting of the following persons:
Emily Reilly, Wife
Marin Reilly, Daughter
8.1 Tenant shall have no more than a combined total of three occupants at any one
time. Occupancy by any guest shall be limited to seven (7) consecutive days, or a
total of fourteen (14) days during the term hereof unless the County otherwise
consents in writing.
8.2 Tenant must notify County in writing of persons that will occupy the unit in Tenant's
absence for periods of one week or longer.
8.3 Tenant's use and occupancy of the Premises (as well as the use and occupancy of
the Premises by all of Tenant's guests, family, agents or invitees) shall be subject to
the applicable County rules and regulations. Violation of these rules shall be
deemed a material default under this lease. County may, by written notice to
Tenant, alter or amend these rules, at which point the new rules shall be deemed
incorporated into this lease.
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
8.4 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 any signs or
client traffic) or unlawful purpose of any sort.
8.5 Smoking is not permitted on the Premises at any time.
8.6 Tenant will be provided with two keys for the Premises, which are not duplicatable
by tenant. Should tenant lose one or more keys to the Premises, Tenant shall be
reponsible fora $25.00 replacement fee, plus the actual cost of replacing the
key(s), and if necessary, any key cores.
9.0 CONDITION OF PREMISES. Tenant accepts the Premises in their present
condition and state of repair without any warranties or representations of any nature
whatsoever by County. Tenant hereby acknowledges that Tenant has inspected
the Premises, and fixtures and that the same are in good condition and suitable for
the use intended. 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 good order and repair during
the term of this Lease, including interior walls, fixtures, windows, and appliances,
and shall at the expiration or sooner termination hereof deliver the same to County
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 County.
County at its sole option, may require Tenant to repair said damage at Tenant's
own cost and expense, or County may repair such damage and charge the
expense thereof to Tenant as additional rent hereunder.
10.0 ENTRY AND INSPECTION. County may at reasonable times and upon twenty-
four (24) hours notice enter into the Premises for purposes of inspection and repair.
In addition, County may at reasonable times and upon reasonable notice show the
Premises to prospective Tenants during the last three months of the term hereof, or
with 30 days prior to expiration hereof. This right of inspection shall not be
construed to create any obligation upon County for the maintenance of Premises.
In the event actual notice is not obtained, notice, in either case, shall be deemed to
be effective and reasonable twenty four (24) hours after posting written notice on
the front door of the Premises. County may enter the premises at any time without
prior notice in the event of an emergency as determined by County.
11.0 ASSIGNMENT AND SUBLETTING. Tenant shall not lease, sublease, assign,
transfer, mortgage, pledge or otherwise in any way alienate, hypothecate,
encumber or suffer all or any part of the Premises or this lease without the prior
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
written consent of County which consent may be withheld or granted in County's
sole, absolute and unqualified discretion. Tenant shall not receive rent or any other
payment of any kind or nature whatsoever from guests or other persons using the
Premises. This restriction shall apply to any transaction which gives, or is intended
to give, some person or entity other than Tenant any right to use or possess the
Premises.
12.0 ALTERATIONS. Tenant shall not make any alterations, additions, improvements
or repairs to the Premises (other than ordinary maintenance) without the prior
written consent of County. Any alterations, additions or improvements, when made
or attached to the Premises, shall belong to and become the property of County
and shall be surrendered upon the expiration or sooner termination of this lease.
Notwithstanding the foregoing, County may require Tenant to remove all or any part
of such alterations, additions or improvements and return the Premises to the
condition existing at the commencement hereof, ordinary wear and tear excepted.
Any alterations, improvement or repairs shall be made in a satisfactory and
workmanlike manner. Tenant shall not permit any lien or other encumbrance to be
filed against the Premises in connection therewith, and shall indemnify County
against such liens and encumbrances.
13.0 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 County enters into possession of the Premises and there is within
the Premises furniture, furnishings, fixtures, or other personal property of the
Tenant, County shall have the right and option without liability to Tenant: 1) to store
such property in a warehouse or other storage space provided by County 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 County
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 County, with any excess over the amounts required for such purposes
payable to Tenant, or (3) in the discretion of County should such property be
deemed by it of small value, said property may be discarded or destroyed.
14.0 STORAGE AREAS. Tenant acknowledges that Tenant's rental of the Premises
does not include any right to or possession of areas in the Premises for storage
other than as are specifically assigned to the Premises. In connection with the use
by Tenant of any storage area(s) associated with Tenant's rental of the premises,
Tenant hereby agrees that County shall not be responsible or liable for any theft,
loss, damage, or claim incurred by Tenant to any property of Tenant's located in
any storage area. The use of any storage area by Tenant shall be at Tenant's sole
risk and Tenant hereby indemnifies and holds County harmless from and against
any and all claims for such theft, loss, damage or claim incurred by Tenant as a
result of Tenant's use of any storage area. Any items stored without the consent of
County may be removed and disposed of as County sees fit and without any
obligation whatsoever to Tenant. In no event shall Tenant store any flammable,
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
toxic or hazardous materials in any storage area provided to Tenant by Landlord.
Any such storage of flammable, toxic or hazardous materials shall be deemed to be
a default under this Lease Agreement.
15.0 VEHICLE PARKING. Tenant may not at any time use or occupy more than two
(2) vehicle parking spaces per apartment at the Premises parking area. No
trailers, motor homes, campers or other similar items are allowed on the Premises.
For any vehicle permitted by Landlord to park on the Premises, Tenant will be
supplied with a parking sticker that shall be displayed in the lower left hand corner
of the windshield. Any vehicle parked on the Premises that does not display such
parking sticker may be ticketed or towed at the expense of the owner of the vehicle.
Tenant shall supply County with the license number and a copy of the registration
papers of the automobile that will occupy such parking spaces indicating that
Tenant is the owner of the vehicle. In order to obtain a parking sticker, the vehicle
must be properly licensed, registered in Pitkin County, and in running condition.
The provisions of this lease and the issuance of a parking permit to Tenant do not
guarantee Tenant that parking spaces will be available to Tenant at all times, and
Landlord has no obligation to Tenant to provide Tenant with a guaranteed parking
space(s). Any automobiles of Tenant's overnight guests must be parked off the
Premises. If space is available, such overnight guests may park as directed by
manager provided the appropriate guest permit is displayed on the mirror of the
vehicle. Any automobile that is improperly parked (by tenant or guests), that is not
in operable condition, or that is not properly licensed and registered in Pitkin
County, may be ticketed or towed by the County at Tenant's or the owner's
expense.
16.0 REIMBURSEMENT. If Tenant shall fail to perform an obligation of this lease,
County may, if County so elects, perform such obligations and charge the expense
thereof to Tenant as additional rent hereunder.
17.0 SEVERABLE. If any provision of this lease shall be declared invalid or
unenforceable, the remainder of the lease shall continue in full force and effect.
18.0 ATTORNEYS' FEES. Tenant shall pay upon demand County's costs and
expenses, including reasonable attorney's fees incurred in order to enforce any of
the provisions of this lease or any action or proceeding instituted by reason of
Tenant's default hereunder, irrespective of whether an act is commenced to enforce
any provision of this lease.
19.0 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, airport operations,
maintenance, and repair, traffic noises, construction noises and other disturbances.
In connection herewith, Landlord hereby represents and Tenant hereby
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acknowledges that there is a certain amount of noise generated from both the
airport's daily operation and the operation activities of airport employees during the
daytime, late evening and early morning that may disturb Tenant, and Tenant
hereby waives any claims against Landlord, the City of Aspen or the County of
Pitkin for such disturbances.
20.0 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
severably 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.
21.0 CASUALTY. In case of fire or other casualty, the Tenant shall give immediate
notice to County. 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, subtenants, 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 County for the damage and loss
suffered by the County, including all repairs and rebuilding expenses. County shall
not be responsible for any loss or damage of Tenant's personal property.
22.0 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 condemnor. Tenant waives all claims against
County 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 County may receive, hereby quitclaiming all interest
therein to County, unless otherwise prescribed by law.
23.0 EXPIRATION AND TERMINATION. If there shall be a default in the performance
of the payment of rent or any part thereof for more than three (3) days after written
notice of such default from Landlord or Landlord's agent to Tenant this lease and all
rights of Tenant hereunder shall terminate. 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 for more than three (3) days
after written notice of such default from Landlord to Tenant, Landlord, or Landlord's
agent, at any time thereafter may terminate this Lease by providing a notice to quit
to Tenant, which notice to quit shall be effective upon delivery to Tenant or upon
Page 9 of 13
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posting on the front door of the Premises. In that case, this lease shall terminate
and all rights of Tenant hereunder shall terminate.
Prior to expiration or termination, landlord may inspect the premises as provided in
paragraph 10.0 above to determine compliance by tenant with the terms of this
agreement, 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 Landlord, and
Landlord 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 Landlord in enforcing the
provisions contained in this paragraph. At any time after such termination, Landlord
may re-let the leased Premises or any part thereof, in the name of the Landlord 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 Landlord, at his discretion, may determine, and may collect and
receive the rents therefore. Landlord 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 Landlord
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 in
the absence of such termination, shall be liable to Landlord for, and shall pay to
Landlord, as and for liquidated and agreed damages for Tenants' 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 agreement, less
b. The net proceeds of any re-letting effected pursuant to the provisions
of the preceding subparagraph, after deducting all of Landlord'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.
Landlord may also, at its option, and without being liable to Tenant for any damage
therefore, remove and store at Tenants' cost, all personal property and effects of
Tenant upon the property, without responsibility for loss or damage, so long as
Landlord uses reasonable care in the removal thereof.
Page 10 of 13
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23.1 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 his rights as contained in paragraph 23.0 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.
23.2 HOLDING OVER. Upon the expiration or sooner termination hereof, Tenant shall
immediately and without notice from County surrender possession of the Premises
to County. In the event Tenant does not so vacate the Premises, his 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 most recent rented similar unit in the Premises for under this lease, or that
amount provided for in this lease, whichever is greater. Payments made by
Tenant(s) to 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.
24.0 SUBORDINATION. This lease is and shall remain subject and subordinate to all
mortgages or deeds of trust now or hereafter affecting the Premises or the building
in which the Premises are located. Although the subordination provision of this
section shall be deemed automatic, Tenant shall within five days after demand
execute any and all instruments requested by County to evidence such
subordination. Should Tenant fail to do so, Tenant hereby irrevocably appoints
County as Tenant's attorney-in-fact to execute those instruments for and on behalf
of Tenant.
25.0 INDEMNITY. Tenant hereby agrees to and does indemnify and hold Landlord
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 Agreement,
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.
26.0 WAIVER. Failure of County to declare any default immediately upon occurrence
thereof and any delay in taking any action in connection therewith shall not waive
such default, but County shall have the right to declare any such default at any
time.
Page 11 of 13
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27.0 EXHIBITS AS PART OF LEASE:
Exhibit A -Legal description of the Leased Premises.
28.0 NONDISCRIMINATION. County shall not discriminate against any Tenant
because of age, race, color, religion, sex, creed, marital status, sexual orientation,
public assistance status, disability, handicap, or nationality or ancestry.
29.0 MISCELLANEOUS. Except for the Rules and Regulations and the County
guidelines, this lease may not be modified except in writing signed by the parties.
This lease shall be binding upon the heirs, successors, and assigns of the parties
hereto. This lease shall be construed in accordance with 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.
30.0 REFERENCES. If Tenant provides any prospective landlord with Landlord as a
reference, or if any new prospective landlord of Tenant contacts Landlord for
information regarding Tenant as a 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 landlord that Landlord does
not believe constitutes confidential information.
IN WITNESS WHEREOF, the parties have entered into this Employee Housing
Lease Agreement effective as of the date first set forth above.
TENANT:
22 ~~C o~
Tenant S~ nature #1 Date
ZZ-I~CO G
enant 'nature #1 Date
PITKIN COUNTY COLORADO
By:
--t
~~-~ Date
Page 12 of 13
TENANT NO. 1 INFORMATION
Name: J~u v ~~ ~I ~i
Mailing Address: ~ ~ • ~oX ~~y
Home phone 97a -3/~ - ozz.3
Work phone ,~70 --~20r - Lei 22
E-mail: ~~~~! ~~l~~~~. ~~.O~i~-, /~CJ<rz---
Drivers Lic. # ate/ ~ D 93 - ~o SS`
Employer S/~- t~~5 ~~ ~~ S
s.s.# So ~ - /9- Z~~ ~
Vehicle license # Z~(,. - /~'~~' /f "
Vehicle Type: ~I~V -~ /~~f'~
TENANT NOI~ FORMATION
Name: ~~~~~~/
Mailing Address: ~ ~ • ~r~k yZT
A~~ • ~~ ~~~/ Z
Home phone Y ~~ ~ 3/~ - OZ2 Z--
Work phone ~`7O - l~'Z,~ - ~ q SZ
E-mail: ~ ~~tX • Co ~
Drivers Lic. # d~~ Q cl3 ' /F7 S 3
Employer ~~ G~~~ ~ SCruiG~ S
s.s.# So3- l3- ~o~
Vehicle license # ~~J~7 - ~3-~
Vehicle Type: ~~~' `~'~~/
CONTACT IN CASE OF EMERGENCY:
Name ~~wv---o1 ~~ ~< <~ Name aY e~u~'
Relation >~~~iry Relation /~u~~
Phone # 30 8 ~ yLK - ZI ~ ,.5~
Phone # lv~S- 3SlP - 3v1 3
Address ~a(o !~ . Ga~,,u ~-v
Address ~p/ r~e~ C,,~.
(a c~Le~ , N~ ~o8gy7~ ~/k l o,~~- . Sb S"7/ZS~
535320
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0,00
Page 13 of 13
535320
Page: 14 of 14
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
NOTE. THIS EXHIBIT D SNOT
REPRE ENT A MONUME ED
BOUND Y SURVEY AND S \'~~
PIE BASED UPON A
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ARCHITECT AL DRAWINGS.
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'~ ~ Lt S 70'32'40' W 8.00'
' L2 S 19'2720' E 3.92'
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may- ~ _ /~~ L4 S 70'32;40; W 8.00;
-" ~ ~ ~ - L5 S 19'27 20 E 3.92
~ ~ tJ' ~ ~~ ~.- `~% L6 N 70'32'40' E 8.00'
'~ ~ ~ Unit 1 > ~ ~.. U S 70'32'40' W 8.00'
G'~ G~ ~~ \ ~ ~ ~ ~ ~ ) LS S 19'27'20' E 3.92'
-' o~ 0.04 E~ ,; ~ ~~- ,~
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~' " , ' ~ ~ J~,, ~ ~ S'ly Line SE,,1 /4 Sec. 34
POINT OF COMMENCEMENT 2704.13'
S1/4 Cor. Sec. 34 SE Cor, Sec. 34
T9S, R85W, 6th P.M.
0 5 to zo ~ 2 1/Z" GLO Brass Cap T9S, R85W, 6th P.M.
3 1/4" Alum. Cap
i inch = 20 tt. LS 9184
CARTER dt BURGESS PROJECT N0. 071056
CUENi PROJECT N0.
REVISION DESCRIPTION
DRAWN DGW DATE 09f07f06 SCALE 1"=20'
Cei~=Bu1'g~s
707 17th Street Denver, CO 80202
(~ eso-ua rm~ (~ mo-~e~:
s YATERWE AHB ANY ASSOCUTEB EIECTRONN: GArA wAS PREPARED eY CARTER t
BURGESS, RIC. TOR THE PROJECT RR7ICATED. ANY REUSE OR YODIFICATRHI WrtIIWT THE
RIEN CONSENr Or cARrEn a BURGESS 511AEE BE AT THE SOLE R1S1( Oc THE IR,'ER.
ASPEN AIRPORT
SW 1 /4 SEC. 34, T9S, R85W, 6th P.M.
PITKIN COUNTY, COLORADO
TRLE: EXHIBIT A
REVISION: DRAWING N0. SHEET N0.
FS-DWELLING-UNITS 2 OF 2
AIRPORT OPERATIONS CENTER
EMPLOYEE HOUSING LEASE AGREEMENT
THIS AGREEMENT is made this 22nd day of December, 2006, by and between the
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a
Colorado Home-rule County, (hereinafter referred to as "County" or "Landlord") and
Franz Alderfer (hereinafter referred to as "Tenant").
In consideration of the payment of the rent and performance of the promises set
forth below, County does hereby lease to the Tenant the following described Employee
Housing in Pitkin County, in the State of Colorado, described as Employee Housing unit
number 3 located at 1001 Owl Creek Road, Aspen, Colorado 81611, hereinafter
referred to as the "Premises" which employee unit is to be used only as a private
residence for qualified employees of Pitkin County (and qualified members of their
family), and for no other purpose whatsoever.
IT IS MUTUALLY AGREED BY THE PARTIES AS FOLLOWS:
1.0 LEASE OF PREMISES. County hereby leases to Tenant(s) Employee Housing
Unit No. 3 ,Pitkin County, Colorado (the "Premises") for a term commencing at
noon on December 22, 2006, and expiring at noon on December 31, 2007, unless
sooner terminated as provided herein, subject to the terms and conditions of this
Agreement, and further subject to the Exhibit attached hereto and by this reference
incorporated herein.
2.0 EMPLOYMENT. Tenant agrees that he shall remain employed in Pitkin County in
accordance with the terms of the current Aspen Pitkin County Housing Authority
Employee Housing Guidelines for Category 2 Housing through the duration of this
agreement, as a condition of this lease. In addition, of the 1,500 hours of required
annual employment within Pitkin County under the Aspen Pitkin County Housing
Authority Employee Housing Guidelines, at least 1,300 hours (an average of 25
hours a week) of annual employment must be as an employee either of a "Leased
Tenant" of the Aspen/Pitkin County Airport or of Pitkin County at the Aspen/Pitkin
County Airport. County will review this requirement quarterly with the "Leased
Tenant" management. A "Leased Tenant" is defined as a business that operates
on airport property and operates under a current lease, concession or other
agreement with County. These requirements shall be known as "the Guidelines". In
the event of termination of such employment Tenant immediately shall comply with
the Guidelines or surrender his/her right to use and occupy the employee unit.
2.1 VERIFICATION AND DOCUMENTATION FOR TENANT QUALIFICATION. Prior
to occupancy of the Premises under this lease agreement and as requested by the
County during the term of this lease at least once every two years, Tenant agrees
to furnish County a copy of Tenant's federal income tax return for the current and
prior year and any other documentation or verification necessary or deemed
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JANICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
appropriate by County to verify Tenant's income and employment for the purpose
of qualifying Tenant for tenancy under the Guidelines. Until all of these documents
have been received and approved by the County, the tenancy shall be deemed to
be month to month. Any change in roommates or persons occupying the
Premises requires a re-qualification under the Guidelines of all the persons
occupying the lease Premises. Failure to re-qualify the entire household prior to
occupancy by any new roommate or persons intended to occupy the Premises
may result in the immediate termination of this Lease Agreement. Should the
Tenant, having previously qualified for housing by meeting the requirement as an
employee of either of a "Leased Tenant" of the Aspen/Pitkin County Airport or of
Pitkin County at the Aspen/Pitkin County Airport, and subsequently lose their
employment or fall under the required hours, this lease agreement will terminate in
60 days or at the date specified in the current Lease Agreement, whichever is
sooner.
In order to remain eligible to occupy and lease the Premises, Tenant must reside
in the Premises for a minimum of nine (9) months in any consecutive twelve (12)
month period.
3.0 RENT. The rental for the Premises for the term of this lease shall be the sum of
$6,228.00, payable in monthly installments of $519.00, commencing on January 1,
2007 and continuing on the first day of each calendar month thereafter. Tenant
shall deliver each monthly installment of $519.00 payable to Pitkin County at the
address set forth in this Lease Agreement, or at such other place as County may,
from time to time, designate in writing, on or before the first day of each calendar
month. It is expressly agreed that the discharge of the rental obligation in monthly
installments is for the convenience of Tenant only and Tenant is hereby obligated
to pay the full rent set forth in this paragraph 3.0 notwithstanding the termination of
this Lease Agreement for any reason whatsoever in advance of the expiration of
the lease term. In the event of a termination of this Lease Agreement prior to the
expiration of the full lease term the full rent set forth in the first line of this
paragraph 3.0 shall become immediately due and payable. The County does not
accept cash or credit card payments, and rent must be paid in the form of a money
order, cashier's check or personal check. All checks must be made payable to
Pitkin County with the unit number noted on the check and may be physically
delivered to the Airport Administration Office during normal business hours (8am -
4:30 p.m. Monday -Friday) or mailed to:
Aspen/ Pitkin County Airport
0233 East Airport Road, Suite A
Aspen, CO 81611
53532
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~J~~~~~
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Note: Prorated rents, if applicable, will be computed by dividing the monthly
rent amount by the number of days in the appropriate month and multiplying
the quotient by the number of days in the month Tenant is entitled to
possession of the Premises.
3.1 Monthly rental payments shall be due and payable on or before the first day of
each month of the lease term in the form of a personal check, cashier's check or
money order (made out to Pitkin County). If Tenant makes any payment to the
County by a check which is later dishonored for any reason, the County may, in
addition to the other remedies available to it hereunder, require that future rental
payments be paid by cashier's check or certified funds. Tenant agrees to pay
County $25.00 for each instance that a check given to the County is dishonored in
addition to a late payment charge. If County receives more than one dishonored
check from Tenant during his or her tenancy, County at its option, shall have the
right to terminate this lease.
3.2 LAST MONTH'S RENT. Tenant, on execution hereof, has paid to the County
$519.00 in full as the last month's Pro Rata rent, OR tenant has agreed to a 3
month payment plan for last month's rent (LMR) hereunder:
First LMR amount paid: $173.00 on move in date: December 22 2006
Second LMR amount due: $173.00 on date: February 5 2007
Third LMR amount due: $173.00 on date: March 5. 2007
This sum may be co-mingled by County with other funds to the extent allowed by
law, and shall not be construed as being held in trust for Tenant. No interest shall
be paid to Tenant on this amount. Upon the expiration or sooner termination
hereof, County may apply this amount toward unpaid rent.
3.3 UTILITIES.
Tenant shall pay for telephone and electric service. Natural gas, trash and water
will be included in the rental. Set-up and payment of utilities shall be the
responsibility of the tenant.
4.0 DEFAULT AND LATE CHARGES. Tenant shall be assessed a late charge of $25
if Tenant has not paid rent by the close of business on the FIFTH (5TH) day of the
month or the first (1st) business day after the fifth (5th) day of the month if the fifth
(5th) day of the month is a weekend or holiday. An additional late charge of $25
will be assessed for a maximum late charge per month of $50.00 after the tenth
(10t") day of the month or the first (1St) business day after the tenth (10t") day of the
month if the tenth (10t") day of the month is a weekend or holiday. County's failure
to collect any late charges that have accrued shall not be deemed to be a waiver of
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these charges and County 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. Accordingly, partial payments of
rent will not prevent the full late charge from being applied to the amounts due.
5.0 SECURITY DEPOSIT. Tenant on execution hereof, has paid to the County
$519.00 as a damage/security deposit for the faithful performance of the terms,
conditions and obligations hereof.
Security deposits shall not be considered as pre-payment of any rent or for
payment of a last month's rent. This sum represents a security deposit as
defined and described under the security deposit laws of the State of Colorado and
may be co-mingled by County with other funds to the extent allowed by law, and
shall not be construed as being held in trust for Tenant. Proceeds from this
deposit may be used to pay any amounts due to Landlord from Tenant by reason
of Tenants' failure to perform any of the covenants or conditions contained herein.
No interest shall be paid to Tenant on the security deposit. Upon the expiration or
sooner termination hereof, County may apply this deposit toward unpaid rent,
damages, cleaning, replacement, or other expenses or obligations of or
chargeable to Tenant hereunder. This security deposit shall also be applied to any
unpaid miscellaneous fees that were due from the Tenant when incurred, including
late charges. In the event that cause exists for retaining any portion of the security
deposit, the County not later than 60 days after the expiration or sooner
termination hereof, shall provide the Tenant with payment of the unused portion of
this deposit and an accounting of deductions. Said sixty (60) day notice shall be
deemed given upon deposit in the mail, regular postage pre-paid addressed to
Tenant at the address set forth in this agreement. This security deposit shall not be
construed as liquidated damages and shall not impair or alter remedies otherwise
available to County 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
security deposit. In the event Tenant unlawfully attempts to terminate this lease or
abandons the Premises, the County shall be entitled to retain the entire security
deposit.
5.1 In the event of default and failure to cure as described above, or if Tenant
abandons the Premises, or should Tenant be evicted, the County, in addition to
any other remedies available to it, may re-enter the Premises without any liability to
Tenant therefore, and as agent for the Tenant or otherwise, re-let the Premises.
The proceeds of any re-letting shall be applied first to the cost and expenses,
including reasonable attorneys' fees, incurred by County 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
County for all rent, liabilities, expenses and other obligations hereunder for which
Page 4 of 14
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JANICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
recovery is not made by County through re-letting as provided in this
subparagraph.
5.2 The rights and remedies of County provided for herein are in addition to and not an
exclusion of any other remedies available to County at law or in equity.
6.0 NOTICE OF INTENT TO TERMINATE AT END OF LEASE TERM. If Tenant
does not wish to renew this lease at the expiration of the term hereof, Tenant shall
so notify County of its intent to vacate the Premises on the termination date at
least 30 days prior to the termination date of this lease agreement. County in its
sole discretion, may determine to renew the lease or to terminate it for any reason,
including but not limited to tenants maintenance of the premises as required in
paragraph 9.0. If Tenant does not renew for another lease term and vacates the
Premises at the end of the lease term without providing such 30 day notice,
Tenant agrees that as and for liquidated damages, County shall be entitled to
retain Tenant's security deposit at the end of the lease term, plus recover from
Tenant any damages or cleaning charges incurred by County as a result of
Tenant's vacation of the Premises.
7.0 PETS OR ANIMALS ON PREMISES. No Tenant shall be permitted to house any
pets or animals, unless the animal is trained and certified to assist a handicapped
or disabled Tenant. Each Tenant shall be liable for the cost of repair of the
damages resulting from or inflicted by an animal harbored or kept on the Premises.
At a minimum, this shall entail the professional cleaning of all the carpets upon the
removal of the pet or the termination of the lease, whichever first occurs. Tenants
are responsible for the presence of any animals in violation of this rule (this
includes all animals that may be present, whether owned by Tenant, a friend or
relative of Tenant, or some other third party present on Tenant's premises), and
will be assessed a fine of $50.00 for every violation of this rule. In addition, the
presence of any animals in violation of this rule is considered a violation of the
lease and may result in the termination or non-renewal of lease.
8.0 USE OF PREMISES. The Premises shall be used by Tenant for private dwelling
residential purposes only and shall be occupied only by Tenant and Tenant's
immediate family, who are either minor children, or have been qualified under the
County guidelines, consisting of the following persons:
None Authorized
8.1 Tenant shall have no more than a combined total of three occupants at any one
time. Occupancy by any guest shall be limited to seven (7) consecutive days, or a
total of fourteen (14) days during the term hereof unless the County otherwise
consents in writing.
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
8.2 Tenant must notify County in writing of persons that will occupy the unit in Tenant's
absence for periods of one week or longer.
8.3 Tenant's use and occupancy of the Premises (as well as the use and occupancy of
the Premises by all of Tenant's guests, family, agents or invitees) shall be subject
to the applicable County rules and regulations. Violation of these rules shall be
deemed a material default under this lease. County may, by written notice to
Tenant, alter or amend these rules, at which point the new rules shall be deemed
incorporated into this lease.
8.4 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 any signs or
client traffic) or unlawful purpose of any sort.
8.5 Smoking is not permitted on the Premises at any time.
8.6 Tenant will be provided with two keys for the Premises, which are not duplicatable
by tenant. Should tenant lose one or more keys to the Premises, Tenant shall be
reponsible fora $25.00 replacement fee, plus the actual cost of replacing the
key(s), and if necessary, any key cores.
9.0 CONDITION OF PREMISES. Tenant accepts the Premises in their present
condition and state of repair without any warranties or representations of any
nature whatsoever by County. Tenant hereby acknowledges that Tenant has
inspected the Premises, and fixtures and that the same are in good condition and
suitable for the use intended. 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 good order and repair during
the term of this Lease, including interior walls, fixtures, windows, and appliances,
and shall at the expiration or sooner termination hereof deliver the same to County
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 County. County at its sole option, may require Tenant to repair said
damage at Tenant's own cost and expense, or County may repair such damage
and charge the expense thereof to Tenant as additional rent hereunder.
10.0 ENTRY AND INSPECTION. County may at reasonable times and upon twenty-
four (24) hours notice enter into the Premises for purposes of inspection and
repair. In addition, County may at reasonable times and upon reasonable notice
Page 6 of 14
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
show the Premises to prospective Tenants during the last three months of the term
hereof, or with 30 days prior to expiration hereof. This right of inspection shall not
be construed to create any obligation upon County for the maintenance of
Premises. In the event actual notice is not obtained, notice, in either case, shall
be deemed to be effective and reasonable twenty four (24) hours after posting
written notice on the front door of the Premises. County may enter the premises at
any time without prior notice in the event of an emergency as determined by
County.
11.0 ASSIGNMENT AND SUBLETTING. Tenant shall not lease, sublease, assign,
transfer, mortgage, pledge or otherwise in any way alienate, hypothecate,
encumber or suffer all or any part of the Premises or this lease without the prior
written consent of County which consent may be withheld or granted in County's
sole, absolute and unqualified discretion. Tenant shall not receive rent or any
other payment of any kind or nature whatsoever from guests or other persons
using the Premises. This restriction shall apply to any transaction which gives, or
is intended to give, some person or entity other than Tenant any right to use or
possess the Premises.
12.0 ALTERATIONS. Tenant shall not make any alterations, additions, improvements
or repairs to the Premises (other than ordinary maintenance) without the prior
written consent of County. Any alterations, additions or improvements, when
made or attached to the Premises, shall belong to and become the property of
County and shall be surrendered upon the expiration or sooner termination of this
lease. Notwithstanding the foregoing, County may require Tenant to remove all or
any part of such alterations, additions or improvements and return the Premises to
the condition existing at the commencement hereof, ordinary wear and tear
excepted. Any alterations, improvement or repairs shall be made in a satisfactory
and workmanlike manner. Tenant shall not permit any lien or other encumbrance
to be filed against the Premises in connection therewith, and shall indemnify
County against such liens and encumbrances.
13.0 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 County enters into possession of the Premises and there is within
the Premises furniture, furnishings, fixtures, or other personal property of the
Tenant, County shall have the right and option without liability to Tenant: 1) to
store such property in a warehouse or other storage space provided by County 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
County 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 County, with any excess over the amounts
required for such purposes payable to Tenant, or (3) in the discretion of County
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
should such property be deemed by it of small value, said property may be
discarded or destroyed.
14.0 STORAGE AREAS. Tenant acknowledges that Tenant's rental of the Premises
does not include any right to or possession of areas in the Premises for storage
other than as are specifically assigned to the Premises. In connection with the use
by Tenant of any storage area(s) associated with Tenant's rental of the premises,
Tenant hereby agrees that County shall not be responsible or liable for any theft,
loss, damage, or claim incurred by Tenant to any property of Tenant's located in
any storage area. The use of any storage area by Tenant shall be at Tenant's sole
risk and Tenant hereby indemnifies and holds County harmless from and against
any and all claims for such theft, loss, damage or claim incurred by Tenant as a
result of Tenant's use of any storage area. Any items stored without the consent
of County may be removed and disposed of as County sees fit and without any
obligation whatsoever to Tenant. In no event shall Tenant store any flammable,
toxic or hazardous materials in any storage area provided to Tenant by Landlord.
Any such storage of flammable, toxic or hazardous materials shall be deemed to
be a default under this Lease Agreement.
15.0 VEHICLE PARKING. Tenant may not at any time use or occupy more than two
(2) vehicle parking spaces per apartment at the Premises parking area. No
trailers, motor homes, campers or other similar items are allowed on the Premises.
For any vehicle permitted by Landlord to park on the Premises, Tenant will be
supplied with a parking sticker that shall be displayed in the lower left hand corner
of the windshield. Any vehicle parked on the Premises that does not display such
parking sticker may be ticketed or towed at the expense of the owner of the
vehicle. Tenant shall supply County with the license number and a copy of the
registration papers of the automobile that will occupy such parking spaces
indicating that Tenant is the owner of the vehicle. In order to obtain a parking
sticker, the vehicle must be properly licensed, registered in Pitkin County, and in
running condition. The provisions of this lease and the issuance of a parking
permit to Tenant do not guarantee Tenant that parking spaces will be available to
Tenant at all times, and Landlord has no obligation to Tenant to provide Tenant
with a guaranteed parking space(s). Any automobiles of Tenant's overnight guests
must be parked off the Premises. If space is available, such overnight guests may
park as directed by manager provided the appropriate guest permit is displayed on
the mirror of the vehicle. Any automobile that is improperly parked (by tenant or
guests), that is not in operable condition, or that is not properly licensed and
registered in Pitkin County, may be ticketed or towed by the County at Tenant's or
the owner's expense.
16.0 REIMBURSEMENT. If Tenant shall fail to perform an obligation of this lease,
County may, if County so elects, perform such obligations and charge the expense
thereof to Tenant as additional rent hereunder.
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
17.0 SEVERABLE. If any provision of this lease shall be declared invalid or
unenforceable, the remainder of the lease shall continue in full force and effect.
18.0 ATTORNEYS' FEES. Tenant shall pay upon demand County's costs and
expenses, including reasonable attorney's fees incurred in order to enforce any of
the provisions of this lease or any action or proceeding instituted by reason of
Tenant's default hereunder, irrespective of whether an act is commenced to
enforce any provision of this lease.
19.0 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, airport operations,
maintenance, and repair, traffic noises, construction noises and other
disturbances. In connection herewith, Landlord hereby represents and Tenant
hereby acknowledges that there is a certain amount of noise generated from both
the airport's daily operation and the operation activities of airport employees during
the daytime, late evening and early morning that may disturb Tenant, and Tenant
hereby waives any claims against Landlord, the City of Aspen or the County of
Pitkin for such disturbances.
20.0 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
severably 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.
21.0 CASUALTY. In case of fire or other casualty, the Tenant shall give immediate
notice to County. 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, subtenants, 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 County for the damage and
Page 9 of 14
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
loss suffered by the County, including all repairs and rebuilding expenses. County
shall not be responsible for any loss or damage of Tenant's personal property.
22.0 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 condemnor. Tenant waives all claims against
County 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 County may receive, hereby quitclaiming all
interest therein to County, unless otherwise prescribed by law.
23.0 EXPIRATION AND TERMINATION. If there shall be a default in the performance
of the payment of rent or any part thereof for more than three (3) days after written
notice of such default from Landlord or Landlord's agent to Tenant this lease and
all rights of Tenant hereunder shall terminate. 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 for more than three (3) days
after written notice of such default from Landlord to Tenant, Landlord, or
Landlord's agent, at any time thereafter may terminate this Lease by providing a
notice to quit to Tenant, which notice to quit shall be effective upon delivery to
Tenant or upon posting on the front door of the Premises. In that case, this lease
shall terminate and all rights of Tenant hereunder shall terminate.
Prior to expiration or termination, landlord may inspect the premises as provided in
paragraph 10.0 above to determine compliance by tenant with the terms of this
agreement, 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 Landlord, and
Landlord 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 Landlord in
enforcing the provisions contained in this paragraph. At any time after such
termination, Landlord may re-let the leased Premises or any part thereof, in the
name of the Landlord 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 Landlord, at his discretion, may determine,
and may collect and receive the rents therefore. Landlord 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.
Page 10 of 14
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
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 Landlord
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 in
the absence of such termination, shall be liable to Landlord for, and shall pay to
Landlord, as and for liquidated and agreed damages for Tenants' 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 agreement, less
b. The net proceeds of any re-letting effected pursuant to the provisions
of the preceding subparagraph, after deducting all of Landlord'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.
Landlord may also, at its option, and without being liable to Tenant for any damage
therefore, remove and store at Tenants' cost, all personal property and effects of
Tenant upon the property, without responsibility for loss or damage, so long as
Landlord uses reasonable care in the removal thereof.
23.1 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 his rights as contained in paragraph 23.0 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.
23.2 HOLDING OVER. Upon the expiration or sooner termination hereof, Tenant shall
immediately and without notice from County surrender possession of the Premises
to County. In the event Tenant does not so vacate the Premises, his 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 most recent rented similar unit in the Premises for under this lease, or that
amount provided for in this lease, whichever is greater. Payments made by
Tenant(s) to 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
Page 11 of 14
~~~~2~
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JRNICE K VOS CgUDILL PITKIN COUNTY CO R 0.00 D 0.00
tenancy so created shall be a tenancy at will.
24.0 SUBORDINATION. This lease is and shall remain subject and subordinate to all
mortgages or deeds of trust now or hereafter affecting the Premises or the building
in which the Premises are located. Although the subordination provision of this
section shall be deemed automatic, Tenant shall within five days after demand
execute any and all instruments requested by County to evidence such
subordination. Should Tenant fail to do so, Tenant hereby irrevocably appoints
County as Tenant's attorney-in-fact to execute those instruments for and on behalf
of Tenant.
25.0 INDEMNITY. Tenant hereby agrees to and does indemnify and hold Landlord
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 Agreement,
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.
26.0 WAIVER. Failure of County to declare any default immediately upon occurrence
thereof and any delay in taking any action in connection therewith shall not waive
such default, but County shall have the right to declare any such default at any
time.
27.0 EXHIBITS AS PART OF LEASE:
Exhibit A -Legal description of the Leased Premises.
28.0 NONDISCRIMINATION. County shall not discriminate against any Tenant
because of age, race, color, religion, sex, creed, marital status, sexual orientation,
public assistance status, disability, handicap, or nationality or ancestry.
29.0 MISCELLANEOUS. Except for the Rules and Regulations and the County
guidelines, this lease may not be modified except in writing signed by the parties.
This lease shall be binding upon the heirs, successors, and assigns of the parties
hereto. This lease shall be construed in accordance with 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.
30.0 REFERENCES. If Tenant provides any prospective landlord with Landlord as a
reference, or if any new prospective landlord of Tenant contacts Landlord for
information regarding Tenant as a tenant, Landlord will provide all information
requested by such new landlord pertaining to Tenant's rental history, including all
Page 12 of 14
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 landlord that Landlord does
not believe constitutes confidential information.
IN WITNESS WHEREOF, the parties have entered into this Employee Housing
Lease Agreement effective as of the date first set forth above.
TENANT:
A
~~k
~~
Tena t Signature #1 Date
PITKIN COUNTY COLORADO
.~, ,~~~_.._ ~r~ Date
IIVNIII~IIIINII~MIIUNnIINNINNInIIUIINa
5~532~
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03/12/2007 10:14F
D 0.00
Page 13 of 14
TENANT NO. 1 INFOR,MATIOrN
Name: -~,r~I~2 C. ~~-~clr/wJ-Z~
Mailing Address: 'ro ~~ I~~-1,21
~s~~.~- ~~ ~i~~ ~
Home phone ~I~ -~Cci E ' ~~ USX
Work phone ~ ~~ ~ • ~ ~~. ~~~ ~~
E-mail: ~~-~~Zr:~ld~,f~C~-C~~i.~~~'•cy'y"1
Drivers Lic. # X153 ~='~ '~ .~
Employer S ~ ~ Q 5
S.S.# ~ r~~ Z I - ~h~ ti
Vehicle license # ~/ (o ~ ~''~-
Vehicle Type: ~~e~~ S4~vr~~ `'~
TENANT NO. 2 INFORMATION
Name:
Mailing Address:
Home phone
Work phone
E-mail:
Drivers Lic. #
Employer
S.S.#
Vehicle license #
Vehicle Type:
CONTACT IN CASE OF EMERGENCY:
Name .-..~ v~ ~'~ ~ ~- l ~- ~ ~ i ~e/" Name
Relation ~~I ~ f'~Mr Relation
Phone # ~(~~ • c1~-~° `~ ~l (o Phone #
Address Ind ~~X lt~~~U Address
. h C~ ~f~~
~~~s2~
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JRNICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
Page 14 of 14
5353~~
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@3112/2007 10:14F
JRNICE K VOS CAUDILL PITKIN COUNTY CO R @.00 D 0.00
NOTE. THIS EXHIBIT D SNOT
REPRE ENT A MONUME ED
BOUND Y SURVEY AND 1~ S
Pi E BASED UPON A
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ARCHITECT~R~L DRAWINGS.
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LINE TABLE
line Bearing Distance
L1 S 70'32'40' W 8.00'
L2 S 19'2720' E 3.92'
L3 N 70'32'40' E 8.00'
L4 S 70'32'40' W 8.00'
~ L5 S 19'27'20' E 3.92'
L6 N 70'32'40' E
'
' 8.00'
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L7 S 70'32
40
W 8.00
L8 S 19'27'20' E 3.92'
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S •89
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POINT OF COMMENCEMENT 2704.13'
S1/4 Cor. Sec. 34
T9S, R85W, 6th P.M. SE Cor, Sec. 34
2 1/2' GLO Brass Cap T9S, R85W, 6th P.M.
3 1/4' Alum. Cap
LS 9184
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0 5 10 20 40
1 inch = 20 ft.
CARTER do BURGESS PROJECT N0. 071056
CLIENT PROJECT N0.
REVISION DESCRIPTION
DRAWN Dcw DATE o9/o7/os scAL.E 1 "=zo'
Cett~RBurgess
707 17th Street Denver. CO 80202
(aw) tic-saa r~ (~ mD-+ews
THIS WTERUU. AND ANY ASSOCIATED ELECIRONN: DATA WAS PREPARED BT CARTER t
RR:. FOR 7HE PRCUECT MDICAIED. ANY REUSE OR YOdFICA1RIN WRHOUT THE
WRIREN CONSEIR Di CARTER R BURGESS SNALL BE AT THE SOIE RI51( OF 7HE USER.
ASPEN AIRPORT
SW 1 /4 SEC. 34, T9S, R85W, 6th P.M.
PITKIN COUNTY, COLORADO
"~`~ EXHIBIT A
REVISION: DRAWING N0. SHEEr N0.
FS-DWELLING-UNITS 2 OF 2