Sample Business Contracts

Colorado-Boulder-2291 Arapahoe Avenue Lease - Accent Properties and Coyote Sports Inc.

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  • Commercial Lease. Start a state-specific lease for the rental of commercial property. Specify the term and rent due, as well as whether the landlord or tenant is responsible for property taxes, insurance, and maintenance and repairs.
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                               LEASE AGREEMENT

                      THIS AGREEMENT, made this 12 day of May 1997, between
                 Coyote Sports, Inc., hereinafter known as "Tenant," and Accent
                 Properties as agent for and, hereinafter known as ("Owner").

s/GE                              WITNESSETH

                 Owner hereby does rent until Tenant the premises known and
                 described as Apartment No. A On the Floor of the building known
                 as 2291 Arapahoe Located at Boulder, CO 80302

                 TO HAVE AND TO HOLD the same from the 1 Day of June, 1997, to
                 the 1 Day of June, 1998. Tenant agrees to pay to Owner as
                 rental for said premises the sum of Eight Thousand Six Hundred
                 Forty Dollars ($8,640.00) payable in advance in equal monthly
                 installments of $720.00, on the 1st day of each and every
                 calendar month during the term, as hereinbefore set forth in
                 this Lease Agreement. If the term shall commence upon a day
                 other than the calendar day of the month, then Tenant shall pay
                 upon the commencement date a pro rata portion of the monthly
                 rent as above provided so that all future rental payments will
                 be due on the 1st Day of every month. It is also understood and
                 agreed that a delinquency charge may be assessed by Owner on
                 rents not paid in full when due as follows:

                 $90. It is also understood and agreed that in the event
                 Resident pays his rent by check and same is not cashed and paid
                 by the bank when presented, for whatever reason, Resident shall
                 pay, in addition to any late charges and in addition to the
                 rent, a charge for each occurrence in the amount of $20.

                 This lease is subject to the following terms and conditions to
                 which Owner and Tenant specifically agree.

                      1.  Tenant agrees to notify Owner in writing of its 
                 intention to vacate said premises at least thirty (30) days
Notice to        prior to the termination of the tenancy.
Holdover:                 In the event Tenant holds over the leased premises
                 after the term of the tenancy specified herein, said holdover
                 shall be deemed a month-to-month tenancy, and Tenant shall be
                 liable for the monthly rental as specified herein for each
                 month that said premises is held over by Tenant.

                          Owner shall be entitled to terminate the tenancy
                 provided for in this lease without cause upon notice as
                 required by law.

Security              2.  The Tenant concurrently with the execution of the
Deposit:         Agreement has deposited with the Owner and will keep on deposit
                 during the term of this Agreement, the sum of Seven Hundred
                 Twenty Dollars ($ 720.00). The receipt of which is hereby
                 acknowledged, which sum shall be retained by Owner as security
                 for the payment by Tenant of the rent herein agreed to be paid
                 and for the Faithful performance of all terms, conditions, and
                 covenants of this Agreement. If, at any time, during the term
                 of this Agreement, the Tenant shall be in default in the
                 performance of any of the provisions of this Agreement, Owner
                 shall have the right to use said deposit, or so much thereof as
                 is necessary, in payment of any rental in default, as
                 aforesaid, and in payment of any damages incurred by Owner by
                 reason of said default of Tenant. In the event that said
                 deposit which shall be paid over and held by Owner, shall not
                 be utilized as aforesaid, then said deposit shall be refunded
                 to Tenant without interest, upon the full performance of this
                 Agreement by Tenant.

                 Said security deposit shall be held by owner as security
                 against damage to the property of Owner (normal wear and tear
                 excepted), as defined on Exhibit "A" hereto attached; Tenant
                 vacating the premises prior to the termination of the tenancy;
                 Tenant vacating said premises without providing proper notice
                 in accordance with paragraph 1 of this Agreement; and the cost
                 of cleaning the apartment after Tenant vacated same - said
                 cleaning being hereby specifically contracted for by Tenant,
                 charges more expressly defined and hereby agreed as reasonable,
                 on Exhibit "A" hereto attached.

                 It is agreed by Tenant and Owner, that, if all covenants set
                 forth in this Agreement have been complied with and owner has
                 not sustained any damage to his property, nor is required to
                 clean said apartment, and further provided, that all provisions
                 relative to a notification to vacate are complied with by
                 Tenant, Owner shall refund said deposit to Tenant. However, if
                 Tenant defaults in the performance of any of the terms hereof
                 and/or damages any of Owner's property, vacated the apartment
                 prior to termination of the lease term, vacates the apartment
                 without tendering proper notice as provided in paragraph 1,
                 leaves the apartment in a condition which requires Owner to
                 clean same, Owner shall have the right to permanently retain
                 and apply so much of the subject deposit as to compensate Owner
                 for damages sustained by Owner, whether said damages be the
                 cost of repair, replacement, and/or cleaning of said apartment,
                 or the loss of rental due to improper termination of the lease
                 term, or vacation by Tenant and/or failure by Tenant to provide
                 proper notice. If any balance remains thereafter, Owner shall
                 return same to Tenant. The security deposit due Tenant, if any,
                 will be refunded by check mailed, certified mailing, to the
                 forwarding address of the Tenant and make payable to a person
                 signing this Agreement, but said refund, if any, or any notice
                 required by law, will not be made earlier than fourteen (14)
                 days not later than sixty (60) days from the date of the
                 termination of the lease Agreement. Any refunds of security
                 deposits cannot be obtained at the office of Owner. If the
                 deposit retained by Owner is insufficient to compensate Owner
                 for damages and/or losses, as previously set forth, Owner shall
                 be entitled to collect additional compensation from Tenant.
                 This provision shall not limit Owner's equitable or legal
Term-            rights and is in addition to all other rights owner may have
Minimum          for Tenant's breach of the terms of the Agreement.           
Service               3.  In the event Tenant terminates this lease prior to  
Charge           ninety (90) days from the date of commencement of the term of 
                 this lease, Tenant agrees to pay Owner a service and
                 administrative charge of Twenty-five ($25.00) dollars upon such
                 termination. Said charge shall not be payable in the event that
                 Owner terminates prior to said 90-day period unless said
                 termination is due to the default of Tenant. Said charge may be
                 retained by Owner out the security deposit made by Tenant.

                      4.  Tenant agrees to abide by all rules and regulations
                 posted upon the premises or within the building or given by
                 written notice from Owner to Tenant, as Owner may make, from
                 time to time, for (a) the protection of the building; (b) usage
Tenant           of the laundry room, clubhouse, swimming pool or to other
Covenants        facilities available for all the Tenants alike and, (c) the
                 general welfare of all Tenants alike which in Owner's judgment
                 may be necessary for the safety and cleanliness and for the
                 preservation of good order in the building.

                      5.  The Tenant, in consideration of the renting of said
                 premises and the rental rate as herein provided, covenants and
                 agrees as follow: to comply with all regulations now or
                 hereafter made for no purpose prohibited by the laws of the
                 United States or the State of Colorado or by the ordinances of
                 any municipality or City wherein the premises lie; to comply in
                 all respects with any insurance policies now upon or covering
                 said premises or which may hereafter be put upon the same and
                 not to permit anything to be done at or within the rented
                 premises which shall vitiate or increase the current rate of
                 insurance thereupon or upon property kept therein; not to
                 commit, permit or suffer any objectionable, disorderly conduct,
                 unreasonable noise or nuisance whatever about the premises on
                 his part, his family members, guest, servants or employees or
                 commit, permit or suffer anything to be done by any of them
                 that will unreasonable disturb or interfere with the rights,
                 comforts or convenience of other tenants; to keep or have no
                 roomers or boarders or guests unless the written approval of
                 the Owner is given; to keep no animals in said

                 premises without prior written consent of Owner; to keep the
                 premises in good, clean and sanitary condition and not to
                 obstruct, place or permit to be placed, any dirt, rubbish or
                 thing in any of the plumbing fixtures, hallways or stairways of
                 said building; to change all light bulbs whenever same is
                 required; to place no additional locks upon any door of the
                 building or to take off any doors except with the consent of
                 the Owner; not to sublet the premises or any part thereof or to
                 transfer or assign this lease without the written consent of
                 the Owner.

                          Tenant further covenants and agrees; that Tenant has
                 examined the premises and the furnishings therein, as itemized
                 on Exhibit "A" attached hereto and made a part of the
                 Agreement, and is satisfied with the physical condition and, by
                 taking possession, admits the receipt of them in good order and
                 repair except as otherwise specified in writing; that no
                 representation as to condition or repair has been made except
                 as is contained in this agreement and that no promise to
                 decorate, alter, repair or improve the premises has been made
                 except such as is contained in this Agreement; to drive no
                 nails or screws or their equivalent into the walls, ceilings or
                 woodwork in said premises; in the event the premises contain a
                 patio or a balcony, not to put any roof or covering thereon or
                 to make any alterations to said patio or balcony except with
                 the written consent of Owner; to be responsible for the
                 watering and care of such plants, if any, that Owner may plant
                 within the patio area except for above ground potted plants;
                 not to permit or plant any plants in the patio except such
                 plants as have been planted by Owner; not to attach or hang
                 from the exterior of the premises or the building of which the
                 premises are a part, any radio or television antenna, to be
                 responsible and liable for any injury or damage done to the
                 rented premises or the building in which the same are located,
                 by Tenant, his employees or any occupant or other person whom
                 Tenant permits to be in or about the premises; to pay the
                 expense of replacing all glass broken and replacing all keys
                 lost or broken and maintain the premises and furnishings in
                 good condition, order and repair as the same are in at the
                 commencement of the term, ordinary wear and tear and damage by
                 fire or other casualty excepted, and permit no waste of the
                 rented premises or allow the same to be done, but shall take
                 good care of the same; to allow Owner, an employee or agent of
                 Owner to enter said apartment at any reasonable time to make
                 repairs, inspect or show the premises to persons wishing to
                 rent or purchase same; the Owner or its agents or employees may
                 enter the same by use of a master key or forcibly without being
                 liable for damages thereof, and without affecting the
                 obligations of Tenant thereunder.
Rights:               6.  Tenant shall have a right to peaceable possession of
                 the subject premises and reasonable access thereto. Tenant
                 shall have a right to possession of the premises upon
                 commencement of the lease term specified in this Lease
                 Agreement and thereafter, upon Tenant's compliance with the
                 terms of the lease Agreement, shall have a right to exclusive
                 possession of said premises during the term of the leasehold.
                 Tenant shall have a right to use the leased premises for all
                 intended purposes and in accordance with the laws of the United
                 States, the State of Colorado and any local municipality, and
                 Tenant shall have a right to so use the common facilities, if
                 any, applicable to the leased premises.
Utilities:            7.  Tenant further agrees to contact Public Service
                 Company for his electric service within three (3) days from
                 date of occupancy and agrees to pay promptly for all
                 electricity which is supplied to Tenant on the demised
                 premises; that Tenant shall not hold Owner liable for any claim
                 of damages or rebate or charge of any kind whatsoever in the
                 case of the interruption of the supply of heat, water or any
                 other service furnished to Tenant occasioned by accident,
                 failure of supply or any other reason unless caused by the
                 affirmative negligence or intentional act of Owner. The
                 obligation of Tenant to pay the rent specified in this
                 Agreement and perform all of the other covenants of Tenant
                 thereunder shall not be affected, impaired, or excused because
                 Owner is unable to supply or is delayed in supplying any
                 service, including water, heat, repairs, alterations, additions
                 etc., expressly or impliedly to be supplied or made by Owner,
                 if Owner is delayed or prevented from doing so by causes 
Tenant's         beyond the control of Owner.
                      8. In consideration of the leasing of these premises by
                 Tenant and in further consideration of Owner permitting Tenant,
                 subject to Tenant's compliance with all promulgated rules and
                 regulations, the right of usage, 

                 to Tenant or members of his household resulting form any cause
                 whatsoever arising out of their usage of such swimming pool,
                 clubhouse or other facilities.

                          Tenant shall neither hold nor attempt to hold Owner,
                 its agents or its servants, liable for any injury or damage to
                 persons or property either proximate or remote no matter how
                 occasioned on account of any defect in the building premises on
                 account of flooding or fire or any injury or damage arising
                 from the acts of the owners or occupants of adjoining property
                 or for any injury or damage from the negligence of the Owner,
                 or agents or employees of the Owner and Tenant, or from the
                 acts of other Tenants in the said building, including, but not
                 by way of limitation, the loss of property stored in the
                 storage space provided for Tenant, or injury to persons or loss
                 of property in the laundry room or either losses sustained on
                 the premises and the said Tenant hereby waives any and all
                 claims for damages which may be suffered thereby.

Failure to            9.  If for any reason the said demised premises shall not
Give Pos-        be ready for occupancy or available on the date specified
session:         herein for the commencement of the term of this Agreement, or
                 within twenty (20) days thereafter, the Agreement shall,
                 nevertheless, continue in all respects in full force and effect
                 and Tenant shall have no right to rescind, cancel or terminate
                 the same and Owner shall not be liable for damages, other than
                 to the extent of the abatement of rent from the date of the
                 commencement of this Agreement to the date of possession to
                 Tenant on the rental basis.
Of Owner:             10.  Upon Tenant's failure to pay any installment of rent
                 or any part thereof when due, or if Tenant shall violate any of
                 the terms, provisions or promises of the Agreement, Owner shall
                 have the right to re-enter and repossesses the apartment,
                 without notice of any kind and exclude Tenant therefrom without
                 terminating this Lease Agreement. Owner may thereupon remove
                 and store, at the expense of Tenant, all Tenant's personal
                 effects and property found in or around the apartment. In the
                 event of the seizure of furniture or other movable effects from
                 the apartment belonging to Tenant, Tenant agrees that in order
                 to satisfy any unpaid account owing by Tenant to owner, Owner
                 shall have the right to sell any of the effects seized from the
                 apartment, by judicial or conventional sale, and at either
                 public or private sale, all at Owner's option, and the Tenant
                 waives the benefit of appraisement. In the event Owner elects
                 to re-enter and repossess the apartment pursuant to this
                 provision, it is hereby specifically agreed that such re-entry
                 and repossession by Owner will not serve as termination of this
                 Lease Agreement nor as a release by Owner of Tenant's duty to
                 pay the agreed-upon rental for the unexpired portion of the
                 lease term provided for herein; and in the event of such re-
                 entry and repossession by Owner, all rights of Tenant as a
                 resident shall terminate, but Tenant shall remain liable for
                 the rent herein specified during the remaining term of this
                 Agreement plus Owner's cost of repossessing the apartment,
                 including a reasonable attorney's fee in the amount of Two
                 Hundred Dollars ($200.00), court costs, and all other
                 expenditures incurred by Owner as a result of Tenant's default.
                 In the event Owner is required to defend itself in any action
                 brought by Tenant arising out of this Agreement, Owner shall be
                 entitled to claim against Tenant all costs incurred in such
                 defense including reasonable attorney's fees in an amount of
                 not less than Two Hundred Dollars ($200.00); and in the event
                 Owner is successful in its defense against Tenant and is found
                 to be without fault in the contested matter, Tenant agrees to
                 pay to Owner said costs and attorney fees. The failure on the
                 part of Owner to re-enter and repossess the apartment, or to
                 exercise any of its rights thereunder upon default, shall not
                 preclude Owner from the exercise of any such right during the
                 continuance of such default or upon any subsequent default.
                 Acceptance of past-due rent will in no way act as a waiver of
                 Owner's right to terminate this Lease Agreement for non-payment
                 of rent when due, and no notice or demand shall be required for
                 the enforcement thereof. It is understood and agreed that the
                 mention in this Lease Agreement of any particular remedy shall
                 no preclude Owner from any other remedy, in law or in equity.
Representation        11.  In the event Tenant makes any misrepresentation in
                 entering the demised premises, either on the application which
                 he is required to fill out and which is a condition to
                 effectuating its Agreement or otherwise, Owner may treat the
                 same as a violation of a covenant of this Agreement and the
                 remedies, as provided herein for any violation and any other
                 remedies provided by law, shall become and are applicable.

Owner's               12.  Owner or Owner's agents have made no representations
Representation   or promises with respect to the said building or the land which
                 it is erected, except as herein expressly set forth, and no
                 rights, easements or licenses are acquired by Tenant by
                 implication or otherwise except as expressly set forth in the
                 provisions of this Agreement. The taking possession of the
                 premises by Tenant shall be conclusive evidence, as against
                 Tenant, that Tenant accepts same "as is" and that said premises
                 and the building of which the same form a part where in good
                 and satisfactory condition at the time such possession was so

Owner's               13.  Owner shall at all times have the right to distrain
Lien:            for rent due, and at all times shall retain a valid and first
                 lien upon all of the property of the Tenant in or about said
                 apartment, as security for the payment of all rent herein
                 reserved and no furniture contained in said apartment shall be
                 removed by Tenant without first obtaining from Owner, or the
                 person in charge of said building, a permit therefor. Nothing
                 herein contained shall in any manner be held to restrict or
                 abridge any remedy otherwise given by law for the collection of
                 said rent, or for the recovery of the possession of said
Joint and
Several               14.  It is understood and agreed that each party signing
Liability:       this Lease Agreement as Tenant is liable for the full amount of
                 the rent provided herein. The obligation of the Tenant's is
                 joint and several.

Subordination:        15.  This Agreement is subject and subordinate to all
                 ground or underlying leases and mortgages and/or deed of trust
                 and other security instruments executed by owner, or any of its
                 officers and directors, which may now or hereafter affect the
                 real property whereon the apartment and the apartment buildings
                 are situated.

Severability:         16.  The construction, validity and effect of this
                 Agreement shall be governed by the laws of the State of
                 Colorado. Any provision of this Agreement prohibited by such
                 laws shall be ineffective to the extent of such prohibition
                 without invalidating the remaining provisions thereof.

Waiver-               17.  None of the provisions of the terms set forth in this
Alteration       lease Agreement shall be deemed waived unless such waiver be in
                 writing and signed by the parties hereto. Any alterations of
                 the provisions or terms set forth in this Lease Agreement shall
                 be set forth in writing and signed by the parties hereto.

Successors:           18.  The promises, agreements, covenants and conditions
                 contained in this Agreement shall bind and inure to the benefit
                 of Owner and Tenant and their respective executors,
                 administrators, successors, and, except as otherwise provided
                 in this Agreement, their assigns.

                      19.   Repairs under $50.00 are to be paid by the Tenant.

                      20.   No Pets.

                 IN WITNESS WHEREOF, the said Owner and Tenant hereunto cause
                 their respective names to be subscribed the day and year first
                 above mentioned.

                 ------------------------------     ---------------------------

                 ------------------------------     ---------------------------
                 AGENT FOR OWNER                      TENANT