1349 Race Street Condominium Association
STANDARD CONDOMINIUM LEASE FORM
THIS LEASE IS made this ________
day of ___________, 20 ______,
between _______________________________________________________
__________________________________________________, the "Landlord",
and _________________________________________________,
the "Tenant."
In consideration of the payment
of the rent and the keeping and performance
of the covenants and agreements
by the Tenant as hereinafter set forth, the Landlord hereby leases to the Tenant and the Tenant hereby leases from the Landlord
the premises situated in the City and County of Denver, in the State
of Colorado, described as:
Condominium Unit #__________ (the "premises"), 1349 Race Street Condominiums, 1349 North Race Street, Denver, Colorado 80206, together with _____ off-street parking space(s) as designated for this
unit. The premises shall be used only as a private residence (and for no other
purpose whatsoever) for _____ individual as named below.
Authorized occupants under
this Lease:
_______________________________________________________________
TO HAVE AND TO HOLD the same
with all the appurtenances unto the said
Tenant commencing at twelve
o'clock noon on the ______ day of _____, 20 __,
and ending at twelve o'clock
noon on the ______ day of _________, 20 ___,
unless sooner terminated
as hereinafter provided, the Tenant paying the Landlord for rent of said premises the total monthly rent as follows:
Rent is to be paid in advance
and received at Landlord's address above, on or before the first (1st) day of each and every month of the term hereof. Rent becomes delinquent if the Landlord does not receive payment from the Tenant before
the close of regular business hours on the first (1st) day of the month in which it accrues.
RECEIPT: Landlord acknowledges receipt of $ ___________ to be applied toward Tenant's deposit requirements.
1. COMPLIANCE WITH CONDOMINIUM DECLARATION,
BYLAWS, RULES & REGULATIONS: Tenant agrees to comply with all covenants of the Condominium Declaration of 1349
Race Street Condominium Association, except for the obligation to pay a monthly condominium assessment, or any special assessment. Tenant further agrees to comply with any and all rules and regulations which may be
issued in writing by the Condominium Association.
2. FEES FOR RETURNED CHECKS: Tenant agrees to pay Landlord twenty five dollars ($25.00) for any check returned to Landlord by Tenant's
bank for any reason.
3. LATE CHARGES:
At Landlord's discretion, there will be a late charge of ten dollars ($10.00) per day assessed on any rents paid after
the first (1st) day of each month.
4. DEPOSIT:
The deposit shall be $_________ . The deposit is to secure
the faithful performance by Tenant of all the covenants, conditions and agreements of this Lease, to be applied against the
cost of repair or damage to the premises during the term of this Lease (beyond normal wear), and to be applied to the expense
of cleaning after Tenant has vacated if necessary to return the premises to its present condition. Landlord shall have the option, but not necessarily the obligation, to apply the same to rent in arrears. The Landlord's right to the possession of the premises for nonpayment of rent or for
any other reason shall not in any event be affected by reason of the fact that the Landlord holds this deposit. The deposit, if not applied toward the payment of rent in arrears or toward the payment of damages suffered
by the Landlord or necessary cleaning, shall be returned to the Tenant within sixty (60) days of when this Lease is terminated,
but in no event is the deposit to be returned until the Tenant has vacated the premises and delivered possession to the Landlord
and provided Landlord with a forwarding address. In the event the Landlord repossesses
the premises because of the Tenant's default or failure to carry out the covenants, conditions or agreements of this Lease,
Landlord may apply the deposit for application to such damages as may be suffered or shall accrue thereafter by reason of
the Tenant's default or breach. Tenant acknowledges and agrees that Landlord
shall not be obligated to pay Tenant any interest on said deposit.
5. ANIMALS PROHIBITED: Tenant agrees that Tenant shall keep no animals or pets upon the leased premises without the Landlord's
prior written consent.
6. KEYS:
Tenant hereby covenants and agrees to return all keys to the Landlord upon termination of this Lease. The number of keys supplied by Landlord to Tenant is indicated under "Additional Provisions" at the end
of this Lease. If Tenant fails to return all keys, the Landlord shall be entitled
to charge _________ dollars ($_______) per key against the Tenant's deposit.
7. CONDITION OF PREMISES: Tenant acknowledges that Tenant has examined the premises prior to the making of this Lease, and knows
the condition thereof, and that no representations as to the condition or state of repairs thereof have been made by Landlord
or its agents which are not herein expressed. Tenant agrees that Tenant will
not cause, allow or permit any waste, misuse or neglect of the premises or of any furnishings therein provided by the Landlord,
by Tenant or guests or invitees, and agrees to pay all damages so caused.
TENANT EXPRESSLY AGREES
AND ACCEPTS THESE PREMISES AS WELL AS THE BUILDING AND SURROUNDING ENVIRONS IN AN "AS IS" PHYSICAL CONDITION AND IN AN "AS
IS" STATE OF REPAIR. TENANT HEREBY WAIVES, AND LANDLORD HEREBY DISCLAIMS ALL
WARRANTIES OF ANY TYPE OR KIND WHATSOEVER WITH RESPECT TO SUCH PROPERTY, INCLUDING, BY WAY OF DESCRIPTION BUT NOT LIMITATION,
THOSE OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TENANTABILITY, HABITABILITY AND USE.
The condition of the premises
at the time of rental is to be noted in writing on a separate checklist prepared by Landlord and initialed by Tenant.
8. HOLDING OVER:
If after the expiration of the term of this Lease, Tenant shall remain in possession of the premises and continue to
pay rent without any express written agreement as to such holding, then such holding over shall be deemed and taken to be
a month-to-month tenancy, subject to all terms and conditions of this Lease on the part of the Tenant to be observed and performed,
and at such rental rate as Landlord may require, payable in advance on or before the first day of each and every month, which
rent may thereafter be increased from time to time by the Landlord during the course of the month-to-month tenancy.
9. ACCESS TO PREMISES: It is agreed by the Tenant that the Landlord and/or its agents and contractors shall have free access to
the premises at all reasonable hours, for the purpose of examining the same, exhibiting the premises to prospective tenants,
or for making alterations or repairs.
10. ALTERATIONS: Tenant shall make no alterations,
additions or improvements in or to the premises without Landlord's prior written consent, and then only by contractors or
mechanics approved by Landlord. All alterations, additions or improvements upon
the premises made by either party shall become the property of Landlord, and shall remain upon, and be surrendered with, the
premises as a part thereof at the end of the term hereof. Any mechanic's lien
filed against the premises, for work claimed to have been done for or materials claimed to have been furnished to Tenant,
shall be discharged by Tenant within ten (10) days thereafter at Tenant's expense.
11. DEFAULT IN RENT OR
PERFORMANCE OF COVENANTS
OF THIS LEASE: If the rent herein specified, or any part thereof, shall be in arrears, or if default
shall be made in any of the covenants and agreements herein contained to be kept by Tenant, it shall be lawful for the Landlord
to declare the term of the Lease ended, and enter into the premises either with or without process of law, in order to expel,
remove and put out the Tenant, using such force as may be necessary in so doing, without being liable for prosecution or damages
thereof. If the Tenant shall remain in possession of the premises after termination
of this Lease, he/she shall be deemed guilty of unlawful detainer of the premises under Colorado law, hereby waiving all notice
including the three (3) day notice of demand for rent or possession of the premises, and shall be subject to eviction and
removal, forcibly or otherwise.
12. RIGHTS AND REMEDIES
UNDER DEFAULT: In
case of any default, Landlord shall have the following rights and remedies, in addition to all other remedies specified herein,
at law or equity. None of the following, whether or not exercised by Landlord,
shall exclude exercise of any other remedy whether herein set forth or existing at law or equity.
A. Landlord may terminate this Lease by
notice in writing, and upon the giving of such notice, this Lease and the term hereof, as well as all the right, title and
interest of the Tenant hereunder, shall wholly cease and expire in the same manner and with the same force and effect as if
the date fixed by such notice were the expiration of the term herein originally granted.
Upon any termination, Tenant shall immediately quit and surrender to Landlord the premises demised hereby. Further, Tenant shall be liable to Landlord for any amounts accrued hereunder as of the date of termination
and any damages as of such date.
B. If Tenant shall default, this Lease shall
continue in effect whether or not Tenant shall have abandoned Premises. In such
event Landlord shall be entitled to take possession of Premises for any purpose reasonably related to mitigating damage, without
accepting Tenant's abandonment and without terminating this Lease, and shall be entitled to enforce all of the Landlord's
rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. Landlord may pursue any other remedy now or hereafter available to Landlord under the laws of the State
of Colorado.
C. If Tenant shall default in making any
payment required to be made by Tenant, or shall default in performing any other obligations of Tenant hereunder, Landlord
may, but shall not be obligated to, make such payment; or, on behalf of Tenant, expend such sum as may be necessary to perform
such obligations. All sums owed to Landlord after default, or any sums expended
by Landlord on Tenant's behalf, shall bear interest at the rate of ______% per year from the date of such expenditure,
shall be additional rent, and shall be repaid by Tenant to Landlord upon demand.
D. In the event Tenant has provided Landlord
with a signed Rental Application form, and said form contains any material misrepresentation, this Lease shall terminate at
the option of the Landlord, and Tenant hereby consents to such termination and Landlord shall be entitled to retain and Tenant
shall have forfeited all of the deposit made hereunder. Further, the Landlord
shall also be entitled to recover all of its damages from Tenant as otherwise provided in this lease or as allowed by law.
13. REMEDIES NOT EXCLUSIVE: It is agreed that each and every
one of the rights, remedies and benefits provided by this Lease shall be cumulative, and shall not be exclusive of any other
rights, remedies and benefits allowed by law.
14. EXPENSE OF PROCEEDINGS: If the Tenant shall at any time
be in default hereunder, and if the Landlord shall incur any attorney fees or costs as a result of such default, then the
Tenant will reimburse the Landlord for the expense of attorney's fees and all costs, expenses and disbursements thereby incurred
by the Landlord, and same may be deducted from the deposit in the Landlord's sole discretion.
15. JOINT LIABILITY: In the event that this Lease shall be executed on behalf of the Tenant or Tenants
by more than one person, then the liability of the persons so signing shall be joint and several and a judgement entered against
one shall be no bar to an action against the others.
16. RE-RENTAL FEES AND
DAMAGES: In the
event the Tenant vacates the premises prior to the expiration of the term of this Lease, Landlord shall be entitled, in addition
to other damages (all of which may be deducted from Tenant's deposit), to a lease breakage fee equal to the Tenant's deposit. Tenant agrees that the security deposit may be applied towards this liability, which
liability is not limited by the amount of the deposit.
17. ABANDONED PROPERTY: If the Tenant vacates or abandons
the premises and leaves any personal property thereon or within, such property shall be deemed abandoned by the Tenant. Landlord shall have no responsibility for abandoned property.
18. ACTS OR OMISSIONS
OF OTHERS: The Landlord
and its agents shall not be responsible or liable to the Tenant for any loss or damage that may be occasioned by persons who
are trespassers upon the premises, or for any loss or damage resulting to the Tenant or his/her property from bursting, stoppage,
backing-up or leaking of water, gas, electricity or sewers or caused by fire, wind, rain or other elements.
19. NOTICE OF INJURIES: In the event of any injuries to the Tenant or to any property of the Tenant through
negligence of the Landlord, its agents, and/or employees, the Tenant agrees to give the Landlord written notice of the occurrence
of said injury within one week of the happening thereof. Landlord shall not be
liable for any injury or damage to persons or property caused by
or resulting from Tenant's
use and/or occupancy of the premises, nor shall Landlord be liable for any injury or damage from any other cause.
20. INDEMNITY: Tenant shall indemnify Landlord against all
costs, expenses, charges, injuries and damages sustained or incurred as a result of any breach by Tenant or agents, servants,
employees, visitors or licensees of Tenant, of any provision, covenant or condition of this Lease, or as a result of any fault,
negligence or improper conduct of Tenant or of the agents, servants, employees, visitors or licensees of Tenant.
21. FIRE DAMAGE: In case the premises shall be more
than 15% damaged by fire or other cause at any time during the said term, a proportionate reduction of rent shall be allowed
the Tenant for the time occupied in repairs, excepting (a) if the Tenant can use and occupy the premises without substantial
inconvenience, there shall be no reduction of rent, and (b) if said repairs are delayed because of the failure of said Tenant
to adjust Tenant's own insurance (if any) no reduction shall be made beyond a reasonable time allowed for such adjustment. In case the damage by fire or other cause shall amount substantially to the destruction
of the premises, this Lease shall become null and void.
22. UTILITIES: Landlord shall pay the following
utility costs for the unit: heat, water, sewer, and trash removal. It is expressly understood and agreed that utility charges separately metered to the premises, including
heat, will be paid by Tenant.
23. INTERRUPTION OF SERVICES: Landlord shall not be liable for
any
claim of damages or rebate
or charge of any kind whatsoever in case of the interruption of the supply of utilities or water or services occasioned by
accident, failure of power supply or any other cause whatsoever beyond the control of the Landlord.
24. LOCKS: Tenant shall place no additional
locks or change any locks upon any doors of the premises without prior written consent of Landlord.
25. NO REPRESENTATION
OF BUILDING SECURITY: Tenant
acknowledges that the premises and surrounding property have not been equipped with any devices or personnel for Tenant's
security or protection, and indemnifies and holds the Landlord and its agents, successors and assigns harmless from and against
all claims, damages, and causes of action by Tenant, as well as Tenant's guests, invitees, licensees, successors and personal
representatives, arising from any unlawful intrusion by third parties into the leased premises, surrounding property or its
environs.
26. MISCELLANEOUS TENANT
RESPONSIBILITIES: A
violation or a breach of the following shall be a default so as to entitle the Landlord its remedies:
A. Nuisance or Disturbance. Tenant agrees to permit no noise, odors,
conduct or nuisance to take place or exist on the leased
premises
to the disturbance of the neighbors.
B. Care of Premises. Tenant is responsible for the appearance and
cleanliness of the premises, and agrees to keep the premises
in a
clean, neat and well maintained condition during the entire
term
of Tenant's tenancy.
C. Fire Hazards. Tenant shall not sustain any condition on the premises
which creates a fire risk or conflicts with rules and ordinances
of the local
fire department.
D. Rules and Regulations/Vehicles and
Parking. Tenant and Tenant's
guests shall observe all rules and regulations adopted
by the 1349 Race
Street Condominium Association, including parking regulations,
as the
same may be amended or modified from time to time.
There is NO on-site guest parking.
27. NOTICE: Whenever under this Lease provision
is made for notice of any kind, it shall be deemed a sufficient notice and service thereof if notice to the Tenant is in writing
addressed to the last known Post Office address of the Tenant, or addressed to the premises and deposited in the mail; and
notice to the Landlord shall be deemed sufficient notice and service thereof if the notice is in writing addressed to the
Landlord at Landlord's address as indicated on page one of this Lease, and deposited in the mail. Notice need be sent to only one Tenant where the Tenant consists of more than one person.
28. NOTICE OF ABSENCE: Tenant shall give Landlord notice
of an anticipated extended absence of Tenant from the property in excess of ________ days. During any such absence of Tenant, Landlord or Landlord's agent may, but need not, enter the property at times reasonably necessary to protect the property and any possessions of Landlord
on or in the property.
29. NOTICE OF INTENT TO
VACATE: At least
______ days prior to the expiration of the term hereof, Tenant shall give written notice of the intent to vacate at
the end of the term of this Lease. If such notice is not timely given, Tenant
shall be liable for and shall pay the rent due if the unit is not rerented. Tenant
understands that notices tendered after the first of any month shall not be effective to terminate this agreement until the
last day of the following month.
30. ASSIGNMENT AND SUBLETTING: It is agreed that the Tenant's leasehold
interest may not be assigned or sub-let in whole or in part without in each case having first obtained the prior written consent
of the Landlord. Tenant is hereby notified that Landlord may have certain "Right
of First Refusal" obligations with which to comply. Any assignment of this Lease
or subletting of the premises, or any part thereof, shall be void and of no force and effect without the Landlord's prior
written consent. Landlord may require any subtenant to acknowledge this Lease
in writing.
30. SEVERABILITY: Invalidation of any of the provisions
herein contained by legislation, judgement or court order shall not affect any of the other provisions, which shall remain
in full force and effect.
31. WAIVER: One or more waivers of any covenants,
conditions, rules or regulations by Landlord shall not be construed as a waiver of a further breach
of the same, or of any other
provision herein.
32. MISCELLANEOUS PROVISIONS:
A. This Lease and the documents or other
instruments referred to herein
contain the entire agreement between the parties.
B. The section headings are inserted only
as a matter of convenience and in
no way define, limit or prescribe the scope of intent
of this Lease or in any
way affect the interpretation hereof.
C. The covenants, conditions and agreements
contained in this Lease shall
bind and inure to the benefit of Landlord and Tenant
and their respective
heirs, executors, administrators, successors, and
except as otherwise
provided in this Lease, their assigns.
D. Tenant's interests hereunder in and to
the premises shall be subject to
any and all covenants, conditions, restrictions, reservations, rights, rights
of way and easements of record or in existence as
of the date hereof.
E. This Lease shall be construed under Colorado
law.
F. In entering into this Lease, Tenant relies
fully upon the statements
contained in this Lease and acknowledges that Tenant
has read and
fully understands this Lease.
G. The term "Landlord" as used in this Lease,
so far as covenants or
obligations on the part of Landlord are concerned,
shall be limited to
mean and include only the owner or owners at the
time in question of
the premises rented to Tenant. In the event of any transfer or transfers
of the title to the premises, Landlord herein named
(and in case of any
subsequent transfers or conveyances, the then grantor)
shall be
automatically freed and relieved from and after the
date of such transfer
or conveyance of
all personal liability for the performance of any
covenants or obligations on the part of Landlord
contained in this Lease
thereafter to be performed. Any funds in which Tenant has an interest in
the hands of Landlord or the then grantor at the
time of any such transfer
shall be turned over to the grantee, and any amount
then due and
payable to Tenant by Landlord or the then grantor
under any provisions
of this Lease shall be paid to Tenant.
H. If any clause or provision of this Lease
is illegal, invalid or unenforceable
under present or future laws effective during the
term of this Lease, then
and in that event, it is the intention of the parties
hereto that the
remainder of this Lease shall not be affected thereby.
I. Tenant agrees at any time and from time
to time, upon not less than ____
days' prior written request by Landlord, to execute,
acknowledge and
deliver to Landlord a statement in writing certifying
that this Lease is
unmodified
and in full force and effect (or if there have been
modifications, that the same is in full force and
effect as modified, and
stating the modifications), and the date to which
the rental and other
charges have been paid in advance, if any. Any such statement delivered
pursuant to this section may be relied upon by any
prospective purchaser
of all or any portion of the Landlord's interest
herein, or by a mortgagee or
a beneficiary of any deed of trust affecting all
or any portion of the
premises.
J. Time is of the essence.
33. ADDITIONAL PROVISIONS:
A. Tenant hereby acknowledges receipt
of a copy of the 1349 Race
Street Condos Rules and Regulations.
IN WITNESS WHEREOF, the parties
hereto certify that they have read and completely understand all the terms and conditions of this Lease, and have
set their hands and seals
this ________ day of _____________, 20 ____.
LANDLORD:
_____________________________ By - ____________________________
Tenant -