DRAFT LEASE AGREEMENT by env73157

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									                                             DRAFT

                                     LEASE AGREEMENT

        THE LEASE AGREEMENT, hereinafter referred to as "Lease" or "Agreement", is made
this ____ day of ___________, 200_, between the County of Boulder, a body corporate and politic
("Landlord"),      and    _____________________________,            whose      address       is
_____________________________________________ ("Tenant").

        In consideration of the mutual covenants contained herein and other valuable considerations,
the parties hereto agree as follows.

1.     Lease of Premises

       Landlord and Tenant hereby agree to enter into a Lease for a modular home at
       ___________________________________ in its present condition, AS IS, on the Cherry
Creek Tree Farms Open Space, Boulder County, Colorado (the "Leased Premises") and as shown on
the map attached hereto as Exhibit A, which exhibit is made a part hereof by this reference.

2.     Term

        The term of the Lease shall commence on ______________ and shall end
_________________, unless earlier terminated by the Landlord, as provided in Paragraph 18 or 19
of this Agreement. There is no implied renewal of the Lease.

3.     Rent/Security Deposit

        The total rental price for the term of the Lease is $_________. Of this amount, the first
rental payment in the amount of $______ is due on ______________. The remainder is payable in
monthly installments of $________ each due on the first day of each month, beginning on
___________ and ending on _____________.

       Upon commencement of the Lease, Tenant shall provide a security deposit to Boulder
County in the form of a check or money order in the amount equal to one month's house rental, to
ensure compliance with the provisions of the Lease. Said deposit may be returned to the Tenant
upon satisfactory performance of the Lease or may, at the Landlord's discretion, be used toward
payment of rent, or may be retained as payment for damages to the Leased Premises.

        Rent is due by 4:30 p.m. on the above dates by mail to the Accounts Receivable
Department, Boulder County Finance, P.O. Box 471, Boulder, CO 80306. A five (5) day grace
period is allowed to Tenant beginning the first day of each month and ending on the fifth day
of each month. Payment may be made, in person by 4:30 p.m. to the Boulder County Finance
Department, 2020 13th Street, Boulder, Colorado, 80302. Mailed payments must be
postmarked by the fifth day of each month. Payments received after the fifth of each month
will incur late fees at the rate of $15.00 per day thereafter until payment is received.
Name/Lease                                       1
4.     Use

        Tenant shall use the Leased Premises only as a residence. No more than 3 unrelated persons
shall occupy the residence during the Lease term. Tenant shall not allow guests to stay upon the
Leased Premises more than 14 days per month without the written consent of Landlord.

5.     Water Rights

       Tenant acknowledges that there are no water rights available for irrigation of the Leased
Premises other than a domestic well.

6.     Renewal

        If Landlord elects to renew the Lease, Landlord shall notify Tenant of the renewal terms, in
writing, two months prior to the end of the Lease term. Tenant shall have fifteen (15) days from the
receipt of said notice to accept or reject, in writing, a renewal of the Lease.

7.     Removal of Personal Property

        At the end of the Lease term, or upon earlier termination pursuant to Paragraph 18, Tenant
shall remove all of Tenant's personal property from the Leased Premises. Tenant agrees that any
personal property of Tenant remaining on the Leased Premises after the end of the Lease term, or
termination of the Lease, shall be deemed abandoned by Tenant and Landlord shall have the right to
dispose of any such personal property in any manner Landlord deems appropriate. Tenant will be
liable for any disposal costs incurred by Landlord.

8.     Delivery of Possession

     The Tenant shall be entitled to possession of the Leased Premises at 7 a.m. on the date of
commencement of the Lease term.

9.     Holdover

       The Lease shall terminate at the end of the Lease term unless a new lease, for a new term, is
executed by both parties. Additionally, the Landlord may terminate the Lease pursuant to the
provisions of Paragraph 18 contained herein.

        If the Tenant holds over after the expiration or termination of the Lease agreement, Tenant
shall occupy said premises on a month-to-month basis at a rental rate specified by the Landlord,
unless a new lease for a new term is executed by both parties. As a month-to-month tenant, Tenant
shall be required to give notice of termination no later than the first day of the month at the end of
which Tenant desires to terminate tenancy; otherwise, Tenant shall be liable for payment of the
succeeding month's rent.

Name/Lease                                        2
10.    Insurance Requirements

       Tenant shall purchase, maintain and keep current, at Tenant's own expense, the following
insurance coverage:

       a.    A Comprehensive General Liability Insurance Policy with minimum limits of
       $600,000.00 combined single limit for each occurrence.

       b.      Renter's Insurance shall be in an amount sufficient to insure Tenant's personal
       property. Landlord's insurance does not cover Tenant's personal possessions in the event of
       loss or damage due to fire, windstorm, flood, water damage, theft, vandalism or other similar
       cause. It is Tenant's sole responsibility to insure personal possessions and to insure against
       Tenant's personal liability.

        Tenant shall provide Certificate(s) of Insurance annually to Boulder County demonstrating
that the aforementioned insurance requirements have been met prior to the commencement of the
Lease, and that such policy or policies will be in effect throughout the Lease term, and at such times
before and after the Lease term as Tenant may reasonably expect to be conducting activities within
the Leased Premises.

     THE COMPREHENSIVE GENERAL LIABILITY INSURANCE POLICY SHALL
INDICATE THE COUNTY OF BOULDER, STATE OF COLORADO, A BODY
CORPORATE AND POLITIC, AS ADDITIONAL NAMED INSURED.

       The Certificate holder is Boulder County, P.O. Box 471, Boulder, Colorado, 80306.

        These Certificates of Insurance shall also contain a valid provision or endorsement that these
policies may not be canceled, terminated, changed or modified without 30 days written notice to the
County, such notice to be transmitted by certified mail, return receipt requested.

       A copy of the Certificate(s) of Insurance should be forwarded to:

       Boulder County Parks & Open Space
       Attn: Rental House Coordinator
       5201 St. Vrain Road
       Longmont, CO 80503

11.    Condition of Property

        Prior to signing this Agreement, Tenant has inspected or caused to be inspected the Leased
Premises and takes the Leased Premises in the condition AS IS. No additional representation,
statement or warranty, express or implied, has been made by or on behalf of Landlord as to such
condition. In no event shall the Landlord be liable for any defect in such Leased Premises or for any
limitation on its use as a residence.
        Landlord shall provide the following appliances: refrigerator, stove and dishwasher.
Name/Lease                                        3
12.    Domestic Animals

       Tenant may have up to two domestic animals on the Leased Premises so long as the animals
are neutered. Exceptions may be permitted with prior written consent of Landlord.

13.    Utilities

       Upon taking possession of the rental house Tenant shall notify the following utility
companies that bills should be put in Tenant's name, with bills being forwarded directly to Tenant,
and Boulder County Park and Open Space being named second party notification. Tenant shall be
responsible and pay for the following utilities:

       a.      gas/propane
       b.      electric
       c.      phone
       d.      water
       e.      trash

       Upon termination of the Lease, Tenant shall notify the above utilities of such termination
within 5 days of vacating the Leased Premises.

        Where applicable, upon termination of the Lease, Tenant is solely, and financially,
responsible for filling the propane tank, located on the Leased Premises, to full capacity prior to
vacating the rental property. The propane tank must be at full capacity at the time of the post walk-
thru inspection and Tenant must provide to County proof of completed service call.

14.    Maintenance of Structures

        a.      Landlord shall be responsible for the repair of the following: minor plumbing,
sewer/septic systems, heating/ventilating systems, roof; well/water supply, exterior paint, major
structural or foundation repair, and major repairs of appliances provided by landlord. Landlord will
perform an annual inspection of the sewer/septic systems, heating/ventilation systems, roof,
well/water supply, exterior paint, and major structural and foundation conditions. In addition,
Landlord will pump the septic, where applicable, once annually. Any subsequent pumping of septic
system will be Tenant’s responsibility.

         b.      Tenant shall be responsible for the maintenance of the following: sewer/septic
systems, heating/ventilating systems, roof; well/water supply, exterior paint, minor appliance repair,
broken glass/windows; patching and painting holes in walls; doors/screens; snow/ice removal from
sidewalks, porches and driveways; lawn mowing; watering of lawn, shrubs and trees; removal of
trash and debris; and all other day-to-day minor repairs and maintenance, except minor plumbing
repairs, necessitated by Tenant's or Tenant's employee's occupancy of the Leased Premises which
total less than under $300.00 per repair/occurrence. Tenant must provide written notice to Landlord
prior to any maintenance or repairs which total more than $300.00 per repair/occurrence. Tenant
Name/Lease                                        4
must obtain prior written approval from Landlord for any reimbursements for maintenance or
repairs. Tenant shall replace the batteries in all smoke detectors in the residence annually at Tenant’s
expense. Tenant is responsible for all filter replacements for heating/ventilating and water systems.
Any damage incurred by Tenant’s neglect or inattention will be repaired at Tenant’s expense.
Tenant will not create any liability to any Vendor without prior written approval by Landlord.
Tenant will perform regular visual checks of water/well and pump systems and notify Landlord of
any situations that might need further attention. Tenant will be responsible for winterization of any
outside water systems, including, but not limited to: disconnecting outside hoses and turning off
hydrants possibly exposed to freezing temperatures. At termination of lease, Tenant will return
premises to “move-in” conditions, including, but not limited to County standards of white paint
throughout premises.

        c.      Tenant agrees no person shall destroy, deface, or mar any portion of the Leased
Premises including, but not limited to the interior walls, carpet, appliances, windows, electrical and
plumbing, basement, porch, garage and/or storage shed, yard and patio areas. Tenant further agrees
to maintain the interior living unit in a manner suitable, as defined by Landlord, for human
habitation, including, but not limited to:

               1. The premises shall be free from human and/or animal feces.
               2. All doors and windows shall be free from obstruction.
               3. The premises must be free from debris and odor.

15.    Rules and Regulations

        Tenant and Tenant’s guests, invitees, and employees shall abide by all Boulder County Parks
and Open Space Rules and Regulations in effect at the time of signing this lease, a copy of which is
attached hereto as Exhibit B and made a part hereof by this reference, and to such amended rules or
regulations which may be promulgated in the future.

16.    Tenant Covenants and Responsibilities

       a.      Tenant shall allow the Landlord access to the residence upon reasonable notice.

        b.      Tenant shall properly place, store, use or dispose on the Leased Premises only those
substances legally permitted to be used on the Leased Premises, and which are approved by
Landlord. Permitted substances shall include fuel products which may be hazardous, toxic,
dangerous or harmful or which are defined as a hazardous substance by the Comprehensive
Environmental Response Compensation and Liability Act ("CERCLA") 42 USC 9601, so long as
those substances are used in accordance with local, state and federal statutes and regulations. Tenant
shall immediately notify Landlord of all spills, releases, inspections, correspondence, orders,
citations, notices, fines, response and/or cleanup actions, and violations of law, regulations or
ordinances which affect the Leased Premises.

       c.      Vehicular travel is restricted to existing roads.

Name/Lease                                         5
      d.     Tenant agrees there shall be no construction of any structure, building or other
improvement on the Leased Premises without Landlord's prior written approval.

         e.       Tenant shall indemnify and save harmless Landlord from and against any and all
claims, suits, actions, damages and causes of action arising during the term of the Lease, or any
period during which Tenant’s personal property remains on the Leased Premises, for personal injury,
loss of life, or damage to property sustained in, or upon the Leased Premises, and from and against
all costs, attorneys fees, expenses and liabilities incurred in and about any such claims, the
investigation thereof or the defense of any action or proceedings brought thereon, and from any
judgments, orders, decrees, or liens, resultant therefrom by virtue of the use of the Leased Premises.
By requiring this right to indemnification, the Landlord in no way waives or intends to waive the
limitations on liability which are provided to the Landlord under the Colorado Governmental
Immunity Act, C.R.S., Sections 24-10-101, et seq., as amended.

        f.     Tenant agrees that he shall not permit any mechanic's lien to be perfected or remain
against the Leased Premises. Tenant shall not directly or indirectly create, incur, assume or suffer to
exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Leased
Premises.

       g.      Tenant agrees that Tenant shall not assign, convey, devise, sublet, pledge or mortgage
any of Tenant's interest herein without the prior written consent of the Landlord thereto, which
consent shall be in the absolute discretion of the Landlord. If the Tenant chooses to sublet the
Leased Premises, a written request must be made to the Landlord prior to the execution of the Lease.
The request must be approved and signed by the Director of the Parks and Open Space Department.
All other provisions of the Lease shall remain in full force and effect.

       h.       Tenant agrees the Leased Premises shall not be used for any purposes prohibited by
the laws of the United States or the State of Colorado or the ordinances or resolutions of the County
of Boulder.

       i.      Tenant agrees to deliver up and surrender to the Landlord, possession of said Leased
Premises at the expiration or termination of the Lease, by lapse of time or otherwise.

        j.      All pest control employed on the Leased Premises shall be in accordance with
federal, state or local statute, ordinance, resolution, rule or regulation.

       k.      It shall be unlawful for any unauthorized person, to remove, destroy, mutilate, collect
or deface any natural or man-made object on the Property.

       l.      No public access or recreational use of the Property may be authorized by Tenant.

       m.      Tenant must not, nor shall tenant permit any person or domestic animal to, feed, hunt,
pursue, trap, molest, disturb, or kill any wildlife at any time on the Property, except where and when
such activities are permitted by action of the Board of County Commissioners or by written
permission from the Director of the Parks and Open Space Department. This provision shall not
Name/Lease                                        6
apply to any county, state or federal government personnel authorized by the Board of County
Commissioners to carry out a wildlife management program through law or County-approved rules
and regulations.

       n.     Ground fires are prohibited. Exceptions to the ground fire prohibition may be
allowed only with written permission from the Board of County Commissioners or the Director of
the Parks and Open Space Department and are subject to the burning requirements for Boulder
County.

       o.     It shall be unlawful to dispose of trash, garbage, rubbish, litter or debris on the
Property except in a trash or recycling receptacle that will be collected by a contractor retained by
Tenant.

         p.    It shall be unlawful for any person, acting individually or on behalf of a business or
organization, to use the Property for any commercial purpose (such as a staging area for a bicycle
race; filming movies or commercials; riding activities of a commercial horse stable, riding school or
livery) without first obtaining written permission from Landlord.

       q.      It shall be unlawful for any person or their domestic animals to engage in disorderly
conduct or any activity within the premise boundaries which interferes with the health, safety, and
welfare of the neighbors in the area, or which creates a nuisance (including amplified sound).

        r.      It shall be unlawful to take off or land any motorized or non-motorized aircraft within
the Property; aircraft includes, but is not limited to: airplanes, helicopters, ultralights,
gliders/sailplanes, and hot-air balloons.

        s.    The possession or discharge of firearms on the Leased Premises is prohibited except
as in compliance with state and/or federal law.

17.    Notices

        Any notice from one party to another, required by the terms of the Lease, may be delivered in
person to such party (delivery to one of two or more persons named as a party shall be effective
notice to all), or shall be delivered by first class mail, postage prepaid, and shall be deemed given
one (1) day after the date mailed, addressed to the respective parties as follows:

Landlord:      Boulder County
               Parks and Open Space Department
               5201 St. Vrain Road
               Longmont, CO 80503
               303-678-6200 - phone no. provided for informational purposes only.

Tenant:        At the premises
               ________________________________
               ________________________________
Name/Lease                                7
                _________, CO _____
                303-________ - phone no. provided for informational purposes only

18.     Breach

        Tenant agrees to observe and perform the conditions and agreements herein set forth to be
observed and performed by Tenant. If Tenant defaults in the payment of rent, or any part thereof, or
if Tenant shall fail to observe or perform any conditions or agreements set forth in this Agreement,
Landlord shall give Tenant written notice that Tenant has fifteen (15) days to cure such breach. If
Tenant fails to commence within said fifteen-day period, a course of performance to cure such
default and thereafter to diligently pursue the work required to correct it, then, and in that event, and
as often as the same may happen, it shall be lawful for the Landlord, at its election, to terminate the
Lease and to re-enter and repossess itself of said premises, with or without legal proceedings, using
such force as may be necessary, and to remove therefrom any livestock, crops and any personal
property belonging to the Tenant without prejudice to any claim for rent or for the breach of
covenants hereof, or without being guilty of any manner of trespass or forcible entry or detainer.
Tenant agrees to indemnify and hold harmless the Landlord from and against any costs for the
removal and storing of livestock and crops elsewhere incurred by the Landlord under the provisions
of this paragraph.

19.     Joint and Severable Liability

       If the Lease is signed on behalf of Tenant by more than one person, the liability of the
persons so signing shall be joint and several. (The language "joint and several'' means that if more
than one person has signed the Lease, then each of these persons individually and all of these
persons collectively are fully responsible for fulfilling all of the obligations of the Lease, except
where expressly otherwise agreed between Landlord and Tenant. For example, one person signing
the Lease may be liable for any or all damages to the Leased Premises, even if caused by another
person signing the Lease; and one person signing the Lease is liable for the total amount of rent due,
even though other persons have also signed the Lease.).
       In the event that Landlord sells the Leased Premises, Tenant shall surrender possession of the
Leased Premises within 60 days of the notice of the sale, or within such other time period as agreed
upon by Landlord and Tenant.
20.    Miscellaneous Provisions

       Tenant’s rights under this Lease are personal to Tenant and the Lease shall terminate upon
Tenant’s death.

        Time is of the essence with regard to the Lease and of all provisions herein.

        The Lease agreement shall be construed and enforced in accordance with the laws of the
State of Colorado.

      If any provisions of the Lease agreement shall be declared invalid or unenforceable, the
remainder of the Lease shall continue in full force and effect.
Name/Lease                                         8
       Notwithstanding anything to the contrary contained herein, Landlord's liability under the
Lease shall be limited to Landlord's interest in the Leased Premises.

21.    Payment of Attorney's Fees and Costs

        If the Landlord shall commence an action for collection of rent or other sums payable under
the Lease, or to compel performance of any of the terms or conditions of the Lease, or for damages
for failure of Tenant to perform under the Lease, the Landlord shall collect from the Tenant and
Tenant shall pay to the Landlord all reasonable attorney's fees in respect thereof, unless the Landlord
shall lose such action.

22.    Venue

       The Lease shall be governed by the laws of the State of Colorado. Venue for any action
brought under the Lease shall be the Boulder District Court.

23.    Entire Agreement

       The Lease contains the entire agreement of the parties and may not be altered or amended
except by mutual written agreement signed by both parties.




Name/Lease                                        9
       IN WITNESS WHEREOF, the parties hereto have executed the Lease on the date set forth
opposite their respective signatures.

LANDLORD:
COUNTY OF BOULDER, a body corporate and politic

By: _________________________________
Ronald K. Stewart, Director          Date
Parks and Open Space Department


TENANT

By: _________________________________
Name of Tenant                 Date




Name/Lease                                  10
             EXHIBIT A
               Map




Name/Lease      11
                                    EXHIBIT B
             Boulder County Parks and Open Space Rules and Regulations




Name/Lease                              12

								
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