LEASE AGREEMENT DRAFT

Transcription

1 LEASE AGREEMENT THIS LEASE AGREEMENT, made between Mental Health Center of Denver, the agent for the owner, Sanderson Apartments LLLP, Hereafter severally and collectively referred to as Landlord, and Tenant, Hereafter severally and collectively referred to as Tenant. Landlord hereby leases to Tenant and Tenant leases from Landlord the premises located at 1601 S. Federal Blvd, Unit XX, in the County of Denver, City of Denver, Colorado known as the Sanderson Apartments. WITNESSETH: That in consideration of the mutual covenants and agreement herein contained, it is agreed by and between Landlord and Tenant as follows: 1. Basic Provisions and Definitions: This Paragraph I is an integral part of this Lease and all of the terms hereof are incorporated into this Lease in all respects. In addition to the other provisions which are elsewhere defined in this Lease, the following wherever used in this Lease, with the first letter of each word capitalized, shall have the meanings set forth in this Paragraph, and only such meanings, unless such meanings are expressly contradicted, limited or expanded elsewhere herein: (a) DATE OF LEASE: April 1, 2016 LANDLORD'S MAILING ADDRESS: Sanderson Apartments 4141 E. Dickenson Street Denver, CO TENANT'S MAILING ADDRESS: 1601 S. Federal Boulevard Apt. XXX Denver, CO (d) LOCATION: 1601 S. Federal Boulevard (e) PREMISES: Apt. XXX (f) COMMENCEMENT DATE: April 1, 2016 (g) (h) (i) LEASE TERM: (Paragraph 3) 12 months SECURITY DEPOSIT: (Paragraph 4) $00.00 This is not the last month's rent. RENT: The Tenant agrees to rent the property for a rent of $XXX.00 per month. Tenant portion, if receiving outside assistance shall be $XXX.00 per month, payable in advance on the first day of the month at the place designated by the Landlord starting on April 1, 2016 and ending on March 31, Should such assistance payments stop for any reason whatsoever it is agreed Tenant will be responsible for the full amount of rent. If after the expiration of this lease the Tenant shall remain in possession of the premises and continue to pay rent without a written agreement as to such possession then such tenancy shall be regarded as a month to month tenancy, at a monthly rental, payable in advance equivalent to the last month s rent paid under this lease and subject to all the terms and conditions of this lease. (j) PERMITTED USES: Tenant shall occupy the Premises as a private dwelling for no more than 1 adults and 0 children and shall not permit roomers or boarders without Landlord's prior written consent.

2 (k) (l) (m) (n) PETS: Tenants are permitted to keep common household pets in their dwelling units in accordance with 24 CFR, Subpart C, Sec provided the pet owner executes a Pet Ownership Agreement. The Pet Ownership agreement is incorporated into the Lease and failure to abide by its provisions, federal regulations or state and local law may constitute grounds for removal of the pet or termination of the tenancy. The pet owner must also: 1. Properly register the pet before the pet is brought onto the premises; 2. Provide to the agent/owner proof of the pet s good health and suitability under the standards set forth in the Basic Guidelines of the Pet Ownership Agreement; and 3. Pay a pet deposit of $200, with initial payment not to exceed the greater of $50 or the Total Tenant Payment, and subsequent payments of $10 per month until paid in full. Exclusions to the above requirements are granted for animals that assist persons with disabilities, assistive animals (24 CFR, SubPart C, Sec ), when the pet owner certifies that: 1. The tenant or perspective tenant certifies in writing that the tenant or a member of his or her family is a person with a disability; 2. The animal has been trained to assist persons with that specific disability; and 3. The animal actually assists the person with a disability. UTILITIES: Landlord is responsible for paying 100% of the metered utilities serving only the demised premises. Tenant pays none of the electric/gas utility. Tenant agrees not to permit any unusual or excessive use or waste of water. INSURANCE: Landlord shall pay and provide Fire and Extended Insurance Coverage for the building of which Tenant's premises are a part. It is hereby understood that Landlord's insurance shall not cover any of the Tenant's personal possessions. ELIGIBILITY: Tenant certifies the accuracy of the statements made in its application. Tenant agrees that the family income, family composition and other eligibility requirements at the time the lease is executed shall be deemed substantial and material obligations of its tenancy; that Tenant will comply promptly with all requests for information with respect thereto from Landlord or lender, and that Tenant's failure or refusal to comply with a request for information with respect thereto shall be deemed a violation of a substantial obligation of its Tenancy, and a default under this Lease. 2. PREMISES Landlord Leases to Tenant, and Tenant Leases from Landlord, upon the terms and conditions as hereinafter set forth that space legally described as a portion of the building defined in Paragraph 1(d) and (e) hereof. 3. TERM OF LEASE The term of this Lease shall be for the number of months following the Commencement Date unless sooner terminated or extended as hereinafter provided. 4. RENTAL Tenant hereby agrees to pay to Landlord during the Lease Term without any prior demand therefor and without any deductions whatsoever, the Rent, beginning on the Commencement Date and continuing for the term of the Lease. Such monthly rental shall be payable in advance on the first day of each month during said term as set forth above to: Sanderson Apartments, 4141 E. Dickenson Street Denver, CO (or such other place as Landlord may designate in writing from time to time) together with additional rents as set forth herein. Said payments shall be in lawful money of the United States, which shall be legal tender in payment of all debts and dues, public and private, at the time of payment. If a check is returned by the Tenant's bank for any reason, there will be a twenty-five Dollar ($25.00) charge in addition to the full amount due. The monthly rental for a fractional month at the commencement of the term shall be prorated. If

3 the term shall commence upon a day other than the first calendar day of the month, then Tenant shall pay upon the Commencement Date a pro-rate portion of the monthly rent as above provided so that all future rental payments will be due on the first day of every month. Tenant shall not allow electricity to be disconnected by any means (including non-payment of bill) until the end of the lease, term, renewal period or holdover period. 5. SECURITY DEPOSIT The Tenant will pay the Landlord a security deposit of $XXX.00 according to the following terms: Tenant will pay $XXX.00 (an amount equal to the Total Tenant Payment) towards the security deposit and the remainder of $.00 according to the terms of the attached payment agreement. Once the Tenant moves out this Security Deposit of $XXX.00 will be proportionally refunded to Tenant. In the event that the unit suffers damages other than normal wear and tear caused by any source while it is in this Tenant s responsibility, Tenant understands that any charges to cover this damage will be deducted from this amount as security for the faithful performance of all the terms, conditions and covenants of this Lease. If at any time during the term of this Lease, the Tenant shall be in default in the performance of any provisions of the Lease, the Landlord shall have the right to use the security deposit or as much thereof as Landlord may deem necessary to cure, correct or remedy any such default; and the Tenant, upon notification thereof, shall forthwith pay to the Landlord any and all such expenditure or expenditures so that the Landlord will at all times thereafter have the full amount of the deposit as security. This security deposit and applications thereof shall not be considered as liquidated damages in event of breach but only as an application toward actual damages. Upon termination of this Lease in any manner, if the Tenant shall not then be in default, the security deposit, or as much thereof as has not been lawfully expected by the Landlord, shall be returned to the Tenant within sixty (60) days, without interest. In the case of sale of Premises by the Landlord, this deposit shall be transferred to the new Landlord. Failure to pay said security deposit according to the terms stated above shall be Material Non- Compliance of lease and is grounds for eviction. 6. USE OF THE PREMISES Tenant shall have the right to use and occupy the Premises solely for the Permitted Uses. 7. COMMON AREAS (a) Definitions. The phrase "Common Areas" means all areas and facilities outside the Premises that are provided and designated for general use and convenience of Tenant and other tenants and their respective guests. Common Areas include (but are not limited to) lobbies, laundry facilities, pedestrian sidewalks and roadways. Landlord reserves the right from time to time to make changes in the shape, sizes, location, number, and extent of the improvements constituting the Common Areas. Landlord may designate from time to time additional parcels of land or areas of the building for use as a part thereof; and any additional land or areas of the building so designated by Landlord for such use shall be included until Landlord revokes such designation. Maintenance. During the term of this Lease. Landlord shall operate, manage, and maintain the Common Areas so that they are clean and free from accumulations of debris, filth, rubbish, and garbage. The manner in which such Common Areas shall be so maintained, and the expenditures for such maintenance, shall be at the sole discretion of Landlord, and the use of the Common Areas shall be subject to such reasonable regulations and changes therein as Landlord, shall make from time to time, including (but not by way of limitation) the right to close from time to time, if necessary, all or any portion of the Common Areas to such extent as may be legally sufficient, in the opinion of Landlord to prevent a dedication thereof or the accrual of rights of any person or of the public therein, or to close temporarily all or any portion of such Common Areas for any purpose. Tenant's Rights and Obligations. Landlord hereby grants to Tenant, during the term of this Lease, the license to use, for the benefit of Tenant and its agents, customers, and invitees, in

4 common with others entitled to such use, the Common Areas as they from time to time exist, subject to the rights, powers, and privileges herein reserved to Landlord. The operation of Common Areas is for common ingress/egress and use of tenants allowed such use by description and designation in their Lease. Should Tenant, or agents or invitees of Tenant, place any stationary object or blockage of any kind whatsoever in Common Areas without specific written approval of Landlord, and not remove same within twelve (12) hours notice, Landlord may, at Tenant's expense, remove such object or blockage, and the non-exclusive right of ingress and egress granted herein may be permanently and forever revoked. Storage, either permanent or temporary, of any materials, supplies or equipment in the Common Areas is strictly prohibited. Should Tenant violate this provision of the Lease, then in such event, Landlord may, at his option either terminate this Lease or, without notice to Tenant, remove said materials, supplies or equipment from the Common Areas and place such items in storage, the cost thereof to be reimbursed by Tenant within ten (10) days from receipt of statement submitted by Landlord. All subsequent costs in connection with the storage of said items shall be paid to Landlord by Tenant as accrued. Failure of Tenant to pay these charges within ten (10) days from receipt of statement shall constitute a breach of this Lease. Tenant and its agents and invitees shall park their motor vehicles only in areas designated by Landlord for that purpose from time to time. Tenant shall not at any time park or permit the parking of motor vehicles, belonging to it or to others, so as to interfere with the pedestrian sidewalks, roadways, and loading areas, or in any area not designed by Landlord for such use by Tenant. Tenant shall repair, at its costs, all deterioration or damages to the Common Areas, occasioned by its lack of ordinary care. (d) Area Use. Landlord hereby reserves the right to use the Common Area for any purpose including uses that produce additional rentals or income accruing to Landlord. 8. PAYMENT OF TAXES AND ASSESSMENTS The Tenant covenants and agrees to pay, or cause to have paid, before any fine, penalty, interest or cost may be added thereto, all personal property taxes and other government charges which are assessed or imposed against the Tenant and which become or might become a lien upon the premises or the contents. 9. ASSIGNMENT AND SUBLETTING Tenant's performance hereunder shall be deemed personal service by Tenant and all obligations of Tenant shall be performed directly by Tenant. Neither this Lease nor an interest herein may be assigned by the Tenant, voluntarily or involuntarily, by operation of law or otherwise, and neither all nor any part of the Premises shall be subleased by the Tenant. 10. UTILITIES Landlord shall have the right of ingress/egress onto the demised Premises for the repair and maintenance of the plumbing and electrical facilities for the Property and for other repairs and maintenance. 11. IMPROVEMENTS ON THE PREMISES (a) No change or alteration will at any time be made without prior written consent of the Landlord. All alterations and permanent fixtures installed in the Premises, including by way of illustration and not by limitations, all partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including moveable furniture), shall be deemed a part of the real estate and property of the Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the end of the Lease Term, whether by lapse of time or otherwise. 12. REPAIRS TO PREMISES It is agreed that if for any reason the Premises shall not be ready for occupancy on the date

5 specified herein for the commencement of the Term of this Lease, this Lease shall nevertheless continue in all respects in full force and effect and the Tenant shall have no right to rescind, cancel or terminate this Lease and the Landlord shall not be liable for damages, if any are sustained by the said Tenant, on account of such failure to obtain possession on the date specified. However, in such event, the Rent for the Premises shall be abated until notification is sent to the Tenant that the Premises are ready for occupancy. If the Premises have been completed at the date at which this Lease is executed, then the Tenant acknowledges that it has inspected the Premises, accepts the same in their present condition, and acknowledges that the Premises are tenantable and in good condition. The Tenant shall not permit, commit or suffer waste, impairment or deterioration of the Premises or the improvements thereon or any part thereof. 13. DESTRUCTION OF THE PREMISES If the building or improvements of which the Premises are a part shall be destroyed or damaged in whole or in part by fire or as a result of, directly or indirectly, way or act of God or occurring for any reason whatsoever, the Landlord shall have the right to terminate this Lease by giving written notice of such termination to Tenant within sixty (60) days after such damage or destruction in which case this Lease shall be deemed null and void as of the date of giving such notice and each of the parties shall be released from all performance required by them hereunder. In the event Landlord does not elect to terminate this Lease, then Landlord shall promptly repair, replace and rebuild the Premises and this Lease shall continue in full force and effect. 14. OCCURRENCE OF DEFAULT The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: (a) The Tenant failing to pay the rent herein reserved or the Tenant failing to make any other payments required to be made by Tenant when due, where such failure shall continue for a period of ten (10) days following the first calendar day of the month with or without notice from Landlord. The Tenant failing to perform or keep any of the other terms, covenants and conditions herein contained for which it is responsible, and such failure continuing and not being cured for a period of ten (10) days after notice or if such default is a default which cannot be cured within a ten (10) day period and thereafter failing to prosecute the same to completion with reasonable diligence. The Tenant abandoning the Premises. 15. REMEDY FOR DEFAULT In the event of an occurrence of default as set forth above, the Landlord shall have the right to: (a) Terminate this Lease and end the Term hereof by giving to Tenant written notice of such termination, in which event Landlord shall be entitled to recover from Tenant the present value at the time of such termination of the excess, if any, of the amount of rent reserved in this Lease for the then balance of the term hereof over the then reasonable rental value of the Premises for the same period. The present value shall be determined by discounting all further excess rent amounts at the rate of eight percent (8%) per annum. It is understood and agreed that the "reasonable rental value" shall be the amount of rental which Landlord can obtain as rent for the remaining balance of the initial term or renewal term, whichever is applicable; or Without resuming possession of the Premises or terminating this Lease to sue monthly for and recover all rents, other required payments due under this Lease, and other sums including damages and legal fees at any time from time to time accruing hereunder; or Upon notice to all interested parties, re-enter and take possession of the Premises or any part thereof and repossess the same as of Landlord's former estate and expel the Tenant and those claiming through or under the Tenant and remove the effects of both or either (forcibly if

6 necessary) and store same at Tenant's expense without being deemed guilty in any manner or trespass and without prejudice to any remedies for rent delinquencies or preceding Lease defaults in which event Landlord may from time to time without terminating this Lease re-let the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord may deem advisable, with the right to make alterations and repairs to the Premises, and such re-entry or taking of possession of the Premises by Landlord shall not be construed as an election on Landlord's part to terminate this Lease unless a written notice of termination be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. In the event of Landlord's election to proceed under this subparagraph "c", then such repossession shall not relieve Tenant of its obligation and liability under this Lease, all of which shall survive such repossession, and Tenant shall pay to Landlord as current liquidated damages the basic rental and additional rental and other sums hereinabove provided which would be payable hereunder if such repossession had not occurred, less the net proceeds (if any) of any re-letting of the Premises after deducting all of Landlord's expenses in connection with such re-letting, including but without limitation all repossession costs, brokerage commissions, legal expenses, attorney's fees, expenses of employees, alteration costs and expenses of preparations for such re-letting. Tenant shall pay such current damages to Landlord on the days on which the basic rent would have been payable hereunder if possession had not been retaken and Landlord shall be entitled to receive the same from the Tenant on each such day. 16. HOLDOVER Any rule or law to the contrary notwithstanding in the event the Tenant remains in possession of the Premises or any part thereof subsequent to the expiration of the term hereof and such holding over shall be with the consent of the Landlord, it shall be conclusively deemed that such possession and occupancy shall be a tenancy from month-to-month only, at a rental which is equal to the rental which was existing at the end of the term hereof, and further, such possession shall be subject to all of the other Lease terms and conditions. Prior to the date of termination or expiration thirty (30) days written notice must have been given by Tenant to Landlord and if such notice has not been given, Tenant shall be liable for and agree to pay the rent due for the following month if the subject premises is not rented. 17. SURRENDER OF PREMISES Upon the expiration or termination of the Term of this Lease, Tenant shall peaceably and quietly surrender the Premises in as good condition as they are now, ordinary wear and tear excepted. Tenant shall return all keys and surrender and deliver up the Premises broom-clean and free of Tenant's property. Provided the Tenant is not in default, it shall have the right to remove all of its fixtures, equipment, machinery and other personal property, provided that upon such removal the Premises are delivered in the same condition as existed at the time of commencement of this Lease. Further, in the event the Tenant does not remove any of its own personal property or any additions or alterations made to the Premises during the term of this Lease, the Landlord may, at its option, require the Tenant to remove any such improvements, alterations, fixtures and equipment and restore the Premises to the condition as existed at the commencement of the Lease or retain or store same at Tenant's expense at a storage facility of Landlord's choice. 18. NOTICES All notices, demands and requests required to be given by either party to the other shall be in writing. All notices, demands and requests shall either be hand delivered, or shall be sent by certified or registered mail, return receipt requested, postage prepaid addressed to the parties at the addresses set forth in Paragraph 1 and or at such other addresses as the parties may designate in writing delivered pursuant to the provisions hereof. Any notice when given as provided herein shall be deemed to have been delivered on the date personally served or two (2) days subsequent to the date that said notice was deposited with the United States Postal Service. 19. TIME OF THE ESSENCE Time is of the essence hereof.

7 20. QUIET ENJOYMENT The Landlord represents and warrants that: (a) The Landlord has the right to enter into and make this Lease. The Tenant, upon paying the rent herein reserved and upon performing all of the terms and conditions of this Lease on its part to be performed, shall at all times during the term herein demised peacefully and quietly have, hold, and enjoy the Premises. 21. RIGHT TO INSPECT OR SHOW PREMISES The Landlord, or Landlord's agent or representative, shall have the right to enter into and upon the Premises or any part thereof at all reasonable hours for the purpose of re-letting or examining the same or at all hours in the case of emergencies. 22. MISCELLANEOUS (a) This Lease has been executed and delivered in, and shall be construed in accordance with the laws of the State of Colorado. (d) (e) (f) (g) The parties mutually agree that the headings and captions contained in this Lease are inserted for convenience of reference only and are not to be deemed part of this Lease or to be used for any other purpose. The covenants and agreements herein contained shall be binding upon and inure to the benefit of the Landlord, its personal representatives, heirs, successors, and assigns. Words of any gender used in this Lease shall be held to include any other gender, any words in the singular shall be held to include the plural, as the identity of the Landlord or the Tenant requires. This Lease shall be construed as though the covenants herein between Landlord and Tenant are independent and not dependent, and Tenant shall not be entitled to any set-off of the Rent or other amounts owing hereunder against Landlord if Landlord fails to perform its obligations set forth herein. If there are more than one entity or person who is the Tenant under this Lease, the obligations imposed upon Tenant under this Lease shall be joint and several. No act or thing done by Landlord or Landlord's agents during the Term hereof, including but not limited to, any agreement to accept surrender of the Premises or to amend or modify this Lease, shall be deemed to be binding on Landlord unless such act or thing shall be by a member of Landlord, as the case may be, or a party designated in writing by Landlord as so authorized to act. The delivery of keys to Landlord or Landlord's agents, employees, or officers shall not operate as a termination of this Lease or a surrender of the Premises. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly Rent and all other amounts owing as herein stipulated, shall be deemed to be other than on account of the earliest stipulated Rent, or other amounts nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy available to Landlord. (h) (j) Notwithstanding anything to the contrary contained herein, Landlord's liability under this Lease shall be limited to Landlord, its agents or employees, except such as are expressed herein, and that so amendment or modification of this Lease shall be valid or binding unless expressed in writing and executed by the parties hereto in the same manner as the execution of this Lease. Submission of this instrument for examination or signature by Tenant does not constitute a reservation of or an option for lease, and is not effective as a lease or otherwise until execution

8 and delivery by both Landlord and Tenant. (l) Tenant certifies the accuracy of statements made in the Application and Certification of Tenant Eligibility. (m) (n) Tenant agrees that the family income, family composition and other eligibility requirements at the time the lease is executed shall be deemed substantial and material obligations of their tenancy; that they will comply promptly with all request for information with respect thereto from the Mortgagor, or the Authority, and the its failure or refusal to comply with a request for information with respect thereto shall be deemed a violation of a substantial obligation of tenancy. Tenant agrees that his or her lease may be terminated on thirty-(30) day notice if any noncompliance by such tenant would adversely affect the federal tax-exempt status of interest on the Bonds. 23. NO WAIVER No waiver by Landlord of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant of the same or any other provision. Landlord's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Landlord's consent to or approval of any subsequent act by Tenant. The acceptance of rent hereunder by Landlord shall not be a waiver of any preceding breach by Tenant of any provision hereof, other than the failure of Tenant to pay the particular rent so accepted, regardless of Landlord's knowledge of such preceding breach at time of acceptance of such rent. 24. ATTORNEY'S FEES In case suit shall be brought to enforce any provision of this Lease, the prevailing party shall (in addition to other relief granted) be awarded all reasonable attorney's fees and costs resulting from such litigation. 25. SEVERABILITY If any sentence, paragraph or article of this Lease is held to be illegal or invalid, this shall not affect in any manner those other portions of the Lease not illegal or invalid, and this Lease shall continue in full force and effect as to those provisions. 26. RULES AND REGULATIONS Tenant agrees to comply with all rules and regulations for the demised Premises and the Property of which they are a part as such rules and regulations are promulgated and amended from time to time. All operations of the Property and the Premises shall be strictly according to the desires and direction of Landlord (See attached Rules and Regulations). The operation of Common Areas of Exhibit A of this Lease is for common ingress/egress and use of tenants allowed such use by description and designation in their Lease. Should Tenant, or agents or invitees of Tenant, place any stationary object or blockage of any kind whatsoever in Common Areas without specific written approval of Landlord, and not remove same within twelve (12) hours notice, Landlord may, at Tenant's expense, remove such object or blockage, and the non-exclusive right of ingress and egress granted herein shall be permanently and forever revoked. 27. INSURANCE ON TENANT'S PROPERTY Tenant at Tenant's option and expense may obtain and maintain throughout the Term of this Lease all risk or all peril insurance including fire and extended coverage on all of Tenant's property and betterment in the Premises, including without limitation, all furniture, fixtures and personal property. Such insurance shall not cover the items covered under the insurance to be carried by Landlord. Under no circumstances shall Landlord be held liable for damage to Tenant's personal possessions. 28. DELAYS Notwithstanding that Landlord agrees to proceed with its obligations under the Lease with due

9 diligence, it is understood and agreed by Tenant that any delay caused by strikes, labor disputes, boycotts, shortages of labor or materials, governmental action or inaction, weather acts of God or any other fact or circumstance beyond the reasonable control of Landlord shall not be a basis for a claim of lack of diligence on the part of Landlord. Landlord's obligation to proceed with due diligence shall be suspended for as long as any such condition, fact, or circumstance shall continue to exist. 29. READY FOR OCCUPANCY Except as hereinafter provided, Landlord may from time to time during the course of construction, furnish to Tenant information concerning the progress of construction of the leased Premises and shall, when construction progress so permits, give Tenant not less than ten (10) days written notice of the date upon which the leased Premises will be "ready for occupancy", which phrase, whenever used in this Lease, shall be deemed to mean that Landlord's work on the leased Premises has been substantially completed and only minor portions of Landlord's work remain to be accomplished. Within five (5) days after the notice referred to above, Tenant agrees to occupy the Premises, and further agrees that the lease term shall commence. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Landlord: By: Date: Tenant: By: Date: