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Home My WebLink About20192645.tiffAugust 6, 2019 Petitioner: WINDSOR GYMNASTICS ACADEMY INC 687 ACADEMY CT WINDSOR, CO 80550-3107 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-2645 Appeal 2008224354 Hearing 8/5/2019 Dear Petitioner: On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. §39-8-101 et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2019. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R0668401 Stipulated - Approved Stipulated Value $1,753,562 $1,653,700 A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you. You must select only one of the following three (3) options for appeal: 1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. All appeals to the Board of Assessment Appeals filed after August 10, 2019, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2019, in addition to any other requirements under law, any petitioner appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall provide to the County Board of Equalization or to the Board of County Commissioners of the County in the case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable: (A) Actual annual rental income for two full years including the base year for the relevant property tax year; (B) Tenant reimbursements for two full years including the base year for the relevant property tax year; (C) Itemized expenses for two full years including the base year for the relevant property tax year; and (D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year. (II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within ninety days after the appeal has been filed with the Board of Assessment Appeals. (b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's request, the following information: (A) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, induding the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein. (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the County Attorney and shall be accompanied by a certification that the County Assessor or the County Board of Equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you. The address and telephone number of the Board of Assessment Appeals are: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone Number: (303) 864-7710 Email: baa@state.co.us Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent must pay a fee of $101.25 per appeal. OR 2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the District Court of the county wherein your property is located: in this case that is Weld County District Court. A hearing before The District Court will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado appellate review and C.R.S. §24-4-106(9), govern the process. OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this option, the arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue arbitration. You and the Board of Equalization will select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located (i.e. Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree. The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the Board of Equalization. In the case of residential real property, the fess may not exceed $150.00 per case. For cases other than residential real property, the arbitrator's total fees and expenses are agreed to by you and Board of Equalization, but are paid by the parties as ordered by the arbitrator. If you have questions concerning the above information, please call me at (970) 400-4226. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R0668401 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: Windsor Gymnastics Academy Inc 687 Academy Ct Windsor, Co 80550 Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2019 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner (s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: WIN 3DV L8 DIAMOND VALLEY 3RD FG 687 Academy Ct, Windsor CO 2. The subject property is classified as commercial property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2019 Total $1,753,562 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2019 actual value for the subject property: Total $1,653,700 5. The valuation, as established above, shall be binding only with respect to tax year2019 6. Brief narrative as to why the reduction was made: After a review of all approaches to value a reduction in value was determined. 7. Both parties agree that: (71The hearing scheduled before the Board of Equalization on 8/5/2019 at 10:30 am be vacated. (lA hearing has not yet been scheduled before the Board of Equalization. 1 O019-Co`'IS ASO (03 DATED this 24 day of July , 2019 , �liesa a/asco !.theca Glasco (Jul 24, 2019) Petitioner(s) or Agent or Attorney Address: 687 Academy Ct. WINDSOR Telephone: 9706903378 Docket Number R0668401 Stip-1.Frm (Assistant) County Attorney for Respondent, Weld County Board of Commissioners Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Telephone:(970) 336-7235 County Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 R0668401/Windsor Gymnastics Final Audit Report 2019-07-25 Created: 2019-07-24 By: Courtney Anaya (canaya@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAA3I-P33Z-0MtMcSX4ObBjlTufSYGwptx3 "R0668401 /Windsor Gymnastics" History 6±1 Document created by Courtney Anaya (canaya@co.weld.co.us) 2019-07-24 - 9:58:47 PM GMT- IP address: 204.133.39.9 7-, Document emailed to Courtney Anaya (canaya@co.weld.co.us) for approval 2019-07-24 - 9:58:49 PM GMT 4 Document approved by Courtney Anaya (canaya@co.weld.co.us) Approval Date: 2019-07-24 - 9:59:04 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Susan Gundry (sgundry@weldgov.com) for approval 2019-07-24 - 9:59:05 PM GMT f Email viewed by Susan Gundry (sgundry@weldgov.com) 2019-07-24 - 10:00:12 PM GMT- IP address: 204.133.39.9 a Document approved by Susan Gundry (sgundry@weldgov.com) Approval Date: 2019-07-24 - 10:04:19 PM GMT - Time Source: server- IP address: 204.133.39.9 E? Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-24 - 10:04:21 PM GMT t Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-24 - 10:53:14 PM GMT- IP address: 204.133.39.9 o Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-24 - 10:53:38 PM GMT - Time Source: server- IP address: 204.133.39.9 C74- Document emailed to Aliesa Glasco (firsthometodreamhome@hotmail.com) for signature 2019-07-24 - 10:53:39 PM GMT fi Email viewed by Aliesa Glasco (firsthometodreamhome@hotmail.com) 2019-07-24 - 11:05:15 PM GMT- IP address: 64.93.117.101 Adobe Sign dG Document e -signed by Aliesa Glasco (firsthometodreamhome@hotmail.com) Signature Date: 2019-07-24 - 11:22:56 PM GMT - Time Source: server- IP address: 64.93.117.101 Cl+ Document emailed to Kann McDougal (weld-cboe@weldgov.com) for signature 2019-07-24 - 11:22:57 PM GMT f Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-24 - 11:29:48 PM GMT- IP address: 204.133.39.9 Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-25 - 2:32:00 AM GMT - Time Source: server- IP address: 204.133.39.9 © Signed document emailed to Courtney Anaya (canaya@co.weld.co.us), Susan Gundry (sgundry@weldgov.com), canaya@weldgov.com, Aliesa Glasco (firsthometodreamhome@hotmail.com), and 2 more 2019-07-25 - 2:32:00 AM GMT Adobe Sign Thank you for submitting an appeal to the Weld County Board of Equalization. We will review the information submitted and you will receive a date to appear before the board. Contact Information: Contact Name: Aliesa Glasco Contact Email: wgagyml0@msn.com Contact Phone: 970-405-8966 Appeal Submitted: 12:27 PM July 08, 2019 Appeal submitted for: R0668401 - WINDSOR GYMNASTICS ACADEMY INC 687 ACADEMY CT, WINDSOR Legal: WIN 3DV L8 DIAMOND VALLEY 3RD FG Reason: Value Too High - We feel that there is not a like business enough to constitute just using sales of properties. So we added a lease agreement we have with a business with in our business to show a lease rate to figure value for the property. Like property and business at 655 Academy Ct Windsor at $50.00 a sqft. See email findings below. From: Wade Melies wmelies@weldgov.com Sent: Wednesday, June 13, 2018 1:39:33 PM To: Patrick Glasco Subject: RE: Account number R0668401 Appeal/abatement Patrick For 2017 day care facilities were valued starting at $65 per square foot. I did some looking around at values in your neighborhood and it looks like we made an error on the fitness center down the block from your location. Their value was set at $50 per sq. ft.. I have adjusted your value to $50 per square foot or $898,750 for 2018. If you agree with this I have attached a 2017 abatement, please sign and date it, scan it and send it back to me. I will then get 2017 adjust for you. If you have questions, please contact me. Wade Wade J. Melies Commercial Appraiser Weld County Assessor's Office 970-400-3672 wmelies@weldgov.com wmelies@co.weld.co.us Estimate of Value: $898,750.00 Document(s) Submitted: Account: R0668401 - R0668401_INITIAL PROTEST.pdf Account: All Accounts - Windsor Gymnastic Academy Inc. lease paperwork.pdf You have selected the following Date Preferences: A Monday, August 5, 2019, from 10:30 a.m. to 12:00 p.m. Thursday, August 1, 2019, from 1:30 p.m. to 3:30 p.m. Thursday, August 1, 2019, from 9:00 a.m. to 12:00 p.m. The Appeal process can take several weeks for us to complete. You will receive a written decision on your appeal within five (5) working days of your hearing. We thank you for your submittal. Weld County Board of Equalization 2019-2645 Aso co3 Thank you for submitting an appeal to the Weld County Assessor's Office. We will review the information submitted and if we have questions we will contact you at one of the following: Contact Information: Contact Name: Patrick Glasco Contact Email: wgagym10@msn.com Contact Phone: 970-405-8966 Appeal Submitted: 10:43 AM May 14, 2019 Appeal submitted for: R0668401 - WINDSOR GYMNASTICS ACADEMY INC 687 ACADEMY CT, WINDSOR Legal: WIN 3DV L8 DIAMOND VALLEY 3RD FG Reason: Value Too High - Like property and business at 655 Academy Ct Windsor at $50.00 a sqft. See email findings below. From: Wade Melies <wmelies@weldgov.com> Sent: Wednesday, June 13, 2018 1:39:33 PM To: Patrick Glasco Subject: RE: Account number R0668401 Appeal/abatement Patrick For 2017 day care facilities were valued starting at $65 per square foot. I did some looking around at values in your neighborhood and it looks like we made an error on the fitness center down the block from your location. Their value was set at $50 per sq. ft.. I have adjusted your value to $50 per square foot or $898,750 for 2018. If you agree with this I have attached a 2017 abatement, please sign and date it, scan it and send it back to me. I will then get 2017 adjust for you. If you have questions, please contact me. Wade Wade J. Melies Commercial Appraiser Weld County Assessor's Office 970-400-3672 wmelies@weldgov.com wmelies@co.weld.co.us Estimate of Value: $898,750.00 The Appeal process can take several weeks for us to complete. We will mail a decision on your appeal by June 30th for real property and by July 10th for business personal property and/or oil and gas. We thank you for your submittal. Weld County Assessor's Office (970) 400-3650 Commercial Lease Package Windsor Gymnastics Academy Inc LANDLORD Little Angels Christian Preschool Inc TENANT January 1, 2015 LEASE START DATE © 2019 ezLandlordForms.com [ Ada16- COMMERCIAL LEASE PACKAGE Table of Contents Lease Documents Commercial Lease Agreement Addenda Zero Tolerance for Criminal Activity Tenant Receipt of Key(s) Commercial Sign Addendum Permitted Alterations & Improvements Disclosures Fire Safety Device(s) Disclosure O 2019 ezLandlordForms.com pages 3 - 12 page 13 page 14 page 15 page 16 page 17 COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement is dated January 1, 2015, between Windsor Gymnastics Academy Inc ("Landlord") and Little Angels Christian Preschool Inc ("Tenant"), and will be referred to throughout this document as the "Lease". 1. LANDLORD: The Landlord(s) and/or agent(s) is/are: Windsor Gymnastics Academy Inc (Owner) and will be referred to in this Lease Agreement as "Landlord." 2. TENANT: The Tenant or Tenants are Little Angels Christian Preschool Inc and will be referred to as either "Tenant" or `°Tenant(s)" in this Lease. If Tenant is a corporation, limited liability company, limited liability partnership, or any other business entity, each individual signing this Lease on behalf of Tenant warrants that he/she is duly authorized to execute and deliver this Lease on behalf of the business entity, and that this Lease is binding on Tenant in accordance with its terms. 3. RENTAL PROPERTY: The Landlord agrees to rent to the Tenant the leased premises located at 687 Academy Court Windsor, CO, 80550 will be referred to in this Lease as either "Leased Premises" or "Rental Property". A. The specific area, measurement and dimension to be used as the Leased Premises is described as: 5,000 B. Landlord hereby leases to Tenant, subject to the terms and conditions of this Lease, the Leased Premises. The Leased Premises shall include all that space enclosed by and including the top surfaces of the subfloor and bottom surfaces of the ceiling and interior surfaces of all demising walls. 4. USE OF LEASED PREMISES: A. Tenant agrees that the Leased Premises will be used only as follows: Daycare B. The Tenant is responsible for all permits, licenses and zoning approvals relating to the Tenant's business and the Tenant indemnifies the Landlord of all liability, costs, and/or fees associated with this business. C. Tenant must obtain written permission to erect or place any sign on or about the Leased Premises. D. Tenant shall neither injure or deface the Leased Premises or Common areas or permit any storage of inflammable substances. Tenant shall not create a nuisance, intolerable noise or odor within or from the Leased Premises, nor permit any use of the Leased Premises which is offensive or is liable to render necessary alterations to any part of the Leased Premises. 5. TERM OF LEASE: A. The Landlord shall lease to the Tenant the Leased Premises for the initial term ("Initial Term") beginning on January 1, 2015 and ending at midnight on December 31, 2019. B. Landlord's best efforts shall be put forth to give Tenant possession as nearly as possible at the beginning of the Lease term. If Landlord is unable to provide the Leased Premises at the beginning of the Lease term, rent shall abate for the period of delay. Tenant shall make no other claim against the Landlord for any such delay. C. Prior to the expiration of this lease, Landlord may place upon the premises any usual "To Let" and, "For Lease" signs. During the final three (3) months of this Lease term, the Landlord shall be permitted to show prospective tenants the Leased Premises upon giving Tenant at least twenty-four (24) hours' advance notice. 6. OPTION TO RENEW: A. At the end of the Initial Term, this lease will continue in full force and effect on a month to month basis unless Tenant or Landlord provides written notice to the other party at least days before the end of the Tenn (including any exercised renewal or extension thereof) to tenninate the Lease. 2019 ezLandlordForms.com Initials of all Tenants Page 3 7. RENT: A. Tenant shall pay to the Landlord the total amount of $36,000.00 which shall be paid in installments every year on January 15 of each year, in the amount of $3,000.00 referred to in this lease as "Base Rent". B. Rent payments shall be made payable to: Windsor Gymnastics Academy Inc C. Rent payments shall be made to the Landlord at the following address: 687 Academy Court Windsor, CO, 80550. Rent payments shall be considered paid on the date received by the Landlord. It is the Tenant's responsibility to ensure rent is received timely. D. Rent payments shall be paid by Certified Check E. Tenant may deposit rent and all other charges into the Landlord's bank account. Rent and charges must be deposited on or before the day it becomes due in accordance with the terms and conditions within this lease. F. All costs and expenses incurred of every kind and nature that is the responsibility of the Tenant during the term of the Lease or any renewal thereof (as described in this Lease) including the operating, managing, equipping, lighting, repairing, maintaining the Leased Premises including the common areas including but not limited to common parking and ingress and egress areas, of the Leased Premises shall be considered "additional rent". Additionally, such costs and expenses may include, but shall not be limited to: utilities, lighting the common areas, if any, cleaning costs, expenses of planting, replanting and replacing flowers, landscaping, water and sewerage charges, premiums for liability and property damage, and fees for required licenses and permits, and any late fee or returned payment fee. 8. SECURITY DEPOSIT: A. The Tenant(s) shall pay to the Landlord a Security Deposit of $0.00. The Security Deposit deposited by Tenant with Landlord shall be held by Landlord as security for the faithful performance by Tenant of all of the terms of this Lease. B. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may (but shall not be required to) use or retain all or part of this Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss which Landlord may suffer by reason of Tenant's default. If any portion of the Security Deposit is so used or retained, Tenant shall, within five (5) days after written demand therefore, deposit cash with Landlord in an amount sufficient to increase the Security Deposit to its original amount. C. If Tenant shall fully and faithfully perform every provision of the Lease to be performed by it, the Security Deposit, or any balance thereof shall be returned to Tenant after the expiration of the Lease in accordance with the laws of Colorado. D. In the event of termination of Landlord's interest of this Lease, Landlord shall transfer the Security Deposit to Landlord's successor in interest and Landlord shall thereupon be released by Tenant from all liability for the return of the Security Deposit; and Tenant agrees to look solely to Landlord's successor in interest for the return thereof. 9. SURRENDER OF THE LEASED PREMISES: A. At the end of this Lease or any renewal thereof, Tenant must vacate and shall immediately and peacefully surrender and return to the Landlord the possession of the Leased Premises. Tenant shall peaceably surrender the Leased Premises to Landlord on the date the Lease shall expire in as good condition as when Tenant took possession less normal wear and tear. On the Expiration Date Tenant shall surrender all keys to the Leased Premises. The Leased Premises shall be cleared out of all occupants, furniture, personal articles, and effects of any kind. B. All movable partitions, business and trade fixtures, machinery and equipment, which is not provided or installed by the Landlord, as well as any other articles of the Tenant's movable personal property shall be removed from the Leased Premises without causing any damage to the Leased Premises or any surrounding or common areas. In the event that such removal causes any damage to the Leased Premises, or any surrounding or common areas, the Tenant is fully responsible for repair or replacement and shall promptly repair or replace any damages to the Landlord's satisfaction. Tenant's failure to repair or replace any damage to the Landlord's satisfaction will result in charges made against any security deposit held and/or Tenant being billed in full for repairs or replacement. C. If Tenant abandons or surrenders the Leased Premises, or is dispossessed, any of Tenant's Property left on the Leased Premises shall be deemed to be abandoned, and at Landlord's option, title shall pass to Landlord under this Lease as by a bill of sale. If Landlord elects to remove any part of such Tenant's Property, the cost of removal, including repairing any damage to the property caused by such removal, shall be paid by Tenant. © 2019 ezLandtordForms.com Initials of all Tenants Page 4 10. HOLDING OVER: A. Tenant agrees that if for any reason Tenant or any subtenant of Tenant shall fail to vacate and surrender possession of the Premises or any part thereof on or before the expiration or earlier termination of this Lease and the Term, then Tenant's continued possession of the Premises shall be as a month -to -month tenancy, during which time, without prejudice and in addition to any other rights and remedies Landlord may have hereunder or at law, Tenant shall: (I). pay to Landlord an amount (the "Holdover Amount") equal to 50 percent of the Base Rent in addition to the regularly recurring Rent payable hereunder prior to such termination and (2). comply with all other terms and conditions of this Lease. The provisions of this section shall not in any way be deemed to (1). permit Tenant to remain in possession of the Premises after the Expiration Date or sooner termination of this Lease or (ii). imply any right of Tenant to use or occupy the Premises upon expiration or termination of this Lease and the Term, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this section. Landlord waives no rights against Tenant by reason of accepting any holding over by Tenant, including without limitation the right to terminate such month -to -month tenancy as provided by law at any time after the expiration of the Term and any right to damages in the event that Tenant's holding over causes Landlord to suffer any loss. Tenant's obligations under this section shall survive the expiration or earlier termination of this Lease. B. Notwithstanding anything herein to the contrary, Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in surrendering the Premises upon expiration or sooner termination of the Term, including, without limitation, any claims made by any succeeding tenant founded on such delay or any lost profits, losses, costs, expenses or liability payable to such tenant as a result thereof. 11. CHANGE OF TERMS: This Lease may not be changed, modified, terminated or discharged, in whole or in part, except by a writing, executed by both Landlord and Tenant. 12. LATE FEE: A. Tenant shall pay the rent and all other sums due on the date and time specified in this Lease without fail, set-off, deduction or counterclaim. If the rent and all other sums that are due are not received by Landlord within 5 days after they become due, Tenant shall pay a late fee of $5.00 per day for each day the rent and all other sums remain unpaid. B. Late fee shall be deemed additional rent for all purposes and is not intended to constitute a penalty, but is a reasonable approximation of the damage incurred by the Landlord for late payment, the amount which is agreed by the landlord and tenant to be difficult or impossible to specifically determine. If Landlord shall at any time or times accept rent or rent charges after the same shall have become due and payable, such acceptance shall not excuse delay upon subsequent occasions, or constitute or be construed as a waiver of any other Landlord's rights. Tenant agrees that any charge or payment herein reserved, included or agreed to be treated or collected as rent may be proceeded for and recovered by Landlord in the same manner as rent due and in arrears and in accordance with the laws of Colorado. 13. RETURNED PAYMENTS: A. A Returned Payment Fee of $25.00 will be added for any returned payments. A Personal Check will not be accepted as payment to replace a returned payment. B. If there arc 2 or more instances of returned payments, Tenant(s) agree that the Landlord may require all future payments to be made only by Certified Check. C. A Returned Payment fee shall be deemed additional rent for all purposes and is not intended to constitute a penalty, but is a reasonable approximation of the damage incurred by the Landlord for the return of the payment by the financial institution, the amount which is agreed by the Landlord and Tenant to be difficult or impossible to specifically determine. D. If the financial institution returns your rental payment and thereby causes the rental payment to be late, a late fee will be due as specified in this Lease. © 2019 ezLandtordForms.com Initials of all Tenants Page 5 14. SUBLEASING AND ASSIGNMENT: A. Any assignment of this Lease or sublease of all or any part of the Leased Premises shall be prohibited, constitute a default of this Lease and shall be deemed void unless approved by Landlord in writing. Landlord shall have the right to grant, condition or withhold his/her approval for any reason or no reason. B. If this Lease is assigned by Tenant, or the Leased Premises are encumbered, then Landlord may, in the event of a default of this Lease, collect rent from the assignee, subtenant or occupant, and apply the amount collected to Base Rent and Additional Rent. No assignment, subletting, occupancy or collection shall be deemed a waiver by Landlord of the provisions of this Lease, the acceptance by Landlord of the assignee, subtenant or occupant as a tenant, or a release by Landlord of the Tenant from the further performance by Tenant of its obligations under this Lease. The consent by Landlord to any assignment or subletting shall not in any way be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or subletting. 15. INSURANCE: A. Tenant shall maintain with an insurance carrier acceptable to Landlord, comprehensive insurance applying to the activity of Tenant in connection with the Leased Premises, with limits of liability of not less than $1,000,000.00 combined single limit of liability for bodily injury, death and property damage. Tenant shall furnish to Landlord first within fifteen (15) days within the execution of this Lease and then annually, a certificate of such insurance which shall name Landlord and any mortgagee of the Building or Property as additional insureds and shall provide for non -cancellation and non -modification without thirty (30) days advance written notice to Landlord and such mortgagee. Failure of Tenant to renew such insurance at least thirty (30) days in advance to the expiration date, shall constitute a default of this Lease. B. If the Tenant has valid and collectible insurance for any loss which Landlord also maintains insurance for, Tenant's insurance shall be considered primary Insurance. The Landlord's insurance in this instance shall be considered excess insurance only and Landlord and/or Landlord's insurance company shall have no duty to defend against any suit if the Tenant's insurance company has a duty to defend against that suit. Tenant understands that the Landlord is not responsible for any damage to or loss of the Tenant's property. C. When the Landlord's insurance is excess insurance, the Landlord's insurance will only pay the amount of the loss if any, that exceeds the total amount that the Tenant's insurance would pay for the loss in the absence of the Landlord's insurance. D. Landlord and Tenant hereby release each other from any and all liability or responsibility to each other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property covered by any fire and extended coverage insurance then in force, even if such fire or other casualty shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible, provided, however, that this release shall be applicable and in force and effect only to the extent of and with respect to any loss or damage occurring during such time as the policy or policies of insurance covering the loss shall contain a provision to the effect that this release shall not adversely affect or impair the insurance or prejudice the right of the insured to recover. If at any time the fire insurance carriers issuing fire insurance policies to Landlord or Tenant shall exact an additional premium for the inclusion of such or similar provisions, the party whose insurance carrier has demanded the premium referred to as the "Notifying Party" shall give the other party notice. In such event, if the other party requests, the Notifying Party shall require the inclusion of such or similar provisions by its fire insurance carrier, and the requesting other party shall reimburse the Notifying Party for any such additional premiums for the remainder of the term of this Lease. If at any time any such insurance carrier shall not include such or similar provisions in any fire or extended coverage insurance policy, then, as to loss covered by that policy, the release set forth in this Section shall be deemed of no further force or effect. The party whose policy no longer contains such provision shall notify the other party that the provision is no longer included in the policy, but a failure or delay in giving such notice shall not affect such termination of the release set forth in this Section. During any period while the foregoing waivers of right of recovery are in effect, the party for whom such waivers arc in effect shall look solely to the proceeds of such policies to compensate itself for any loss occasioned by fire or other casualty which is an insured risk under such policies. E. Tenant's failure to meet any of the insurance requirements set forth herein shall constitute a default of this Lease. © 2019 ezLandlordForms.com Initials of all Tenants Page 6 16. INDEMNIFICATION: Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims arising in connection with (1) Tenant's use of the Leased Premises and the Property or; (2) from any activity, carried out in or about the Leased Premises; (3) from any breach or default in the performance of any obligation by or of Tenant's agents, contractors or employees and for, from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Leased Premises arising from any cause other than the acts or neglect of Landlord, and Tenant hereby waives all claims with respect thereof against Landlord. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of the Leased Premises, Building or Property. 17. TAXES: A. Tenant shall pay to the Landlord as additional rent, the Tenant's proportionate share of real estate taxes. The term "real estate taxes" shall mean the amount by which the real estate taxes are assessed against the real estate of which the Leased Premises is a part, including the building, the underlying land and associated air rights, for each tax year during the term of this Lease based on the actual invoice from the County, City, Township, School district or other governmental authority. The tax year is defined as applied to this Lease to mean a twelve month period commencing on January 1 or such other date as the County, City, Township, School district or other governmental authority may adopt as the commencement of the twelve month period for which real estate taxes are payable. Tenant's proportionate share of real estate taxes shall be paid by the Tenant within fifteen (15) days after Tenant receives from the Landlord a statement showing the amount of annual real estate taxes and the Tenant's proportionate share of such taxes. B. Landlord reserves the right to bill the Tenant on a monthly basis, one twelfth of the taxes as would be payable for the current tax year. C. In the case of failure of the Tenant to make any of the payments for real estate taxes as due and payable under this Lease, the Landlord may but shall not be required to pay the amount due with any penalty and interest, if any. The amount paid by the Landlord shall then become due and payable by the Tenant to the Landlord with interest thereon at of the 10% per annum and shall become due as part of the next installment of rent. 18. UTILITIES: A. Landlord will be responsible for the following utilities: Electricity, Water, and Gas ("utility" or "utilities"). (1). Tenant agrees that Landlord will not be held responsible for the loss of use, or discontinuation or interruption of any (2). Tenant shall notify the Landlord of any malfunction of a utility. (3). Tenant may not be negligent in his/her use of any included utility. If by Tenant's negligence, the utility bill dramatically increases, tenant will be billed for any overages which will then be due and payable by tenant as additional rent. 19. REPAIRS: A. Landlord shall be responsible for all repairs needed on or about the Leased Premises. B. Tenant is responsible and liable for any cost associated with a repair needed that is caused by the Tenant, Tenants guests or invitees. C. It is the responsibility of the Tenant to promptly notify the Landlord of the need for any repair of which the Tenant becomes aware. If Landlord incurs any additional expense (operating or capital) as a result of Tenant's failure to promptly notify Landlord of a needed repair that Tenant has discovered, Tenant shall pay such additional expense (operating or capital) as Additional Rent within thirty (30) days after demand. D. The Tenant must keep the Leased Premises clean and sanitary at all times and remove all rubbish, garbage, and other waste, in a clean, tidy and sanitary manner. 20. SERVICES AND COMMON AREA MAINTENANCE: A. Tenant(s) is/are responsible for the following services in and around the Leased Premises: stocking restroom supplies, window washing, and general cleaning and maintenance inside the Leased Premises. Landlord is responsible for the following services in and around the Leased Premises: trash removal and pest control. B. Tenant expressly waives and releases Landlord from all liabilities, claims, suits, judgments, costs, expenses and damages (including consequential damages) arising out of the failure of any utility or services for the Leased Premises. Tenant agrees that the Landlord has no obligation to provide all or any of the utility systems. © 2019 ezLandlordForms.com Initials of all Tenants Page 7 C. Tenant must abide by all local recycling regulations. D. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated or any of Tenant's obligations be reduced by reason of: (1). the installation, use or interruption of use of any equipment in connection with the furnishings of any of the foregoing services, (2). failure to furnish or delay in f unishing any such services where such failure or delay is caused by accident or by any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Property, or (3). any limitation, or restrictions on use of, water or electricity serving the Leased Property. Landlord shall not be liable under any circumstances for a loss or injury to Property or business, arising in connection with or incidental to any failure to furnish any such services. 21. LANDLORD'S IMPROVEMENTS AND ALTERATIONS: A. Landlord shall not be required to make any additions or improvements. Removal or changes to of any of the listed additions or improvements by the Tenant must have the advance written approval of the Landlord. The improvements listed are the property of the Landlord and the Tenant is responsible to return them as they were at the beginning of this Lease. The Tenant is responsible for ANY damage to these items. B. No promise of Landlord to alter, remodel, repair or improve any part of the Leased Premises or common areas and no representation, express or implied, respecting any matter related to the Property of this Lease (including, without limitation, the condition of any part of the Property) has been made to Tenant by Landlord or Landlord's broker or rental agent, other than as may be contained in this Lease Agreement. Tenant accepts the Leased Premises in "as is" condition except for the items listed herein. 22. TENANT'S IMPROVEMENTS AND ALTERATIONS: A. Tenant, at Tenant's expense, shall have the right following the Landlord's consent to remodel, redecorate and make additions, improvements, and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the Leased Premises. All personal property, equipment, machinery, trade fixtures, temporary installations whether acquired by the Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant subsequently, shall remain the Tenant's property free and clear of any claim by the Landlord. Tenant shall have the right to remove the same at any time during the term or at the end of this Lease provided that ANY and ALL harm or damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. B. Tenant must have written approval before installing or supplying any appliance. Landlord accepts no responsibility for the maintenance, repair or upkeep of any appliance supplied by the tenant. Tenant agrees he/she is responsible for any damage that occurs to the Leased Premises resulting from the addition of any appliance that is supplied by the Tenant. 23. NO LIENS: Tenant shall keep Tenant's leasehold interest, and any improvements which are or become the property of Landlord under this Lease, free and clear of any attachment of judgment lien. Before the actual commencement of any work for which a lien or a claim of a lien may be filed, Tenant shall give Landlord at least ten (10) days prior written notice of the intended commencement date and Landlord shall have the right to enter the Leased Premises and post such notices of non -responsibility for Tenant's work at any reasonable time. Tenant shall, within five (5) days after the attachment of any lien or claim of lien, pay and discharge, or secure the release from the Leased Premises of any lien or claim of lien; Tenant shall promptly indemnify Landlord from and against all loss, cost, damage, injury or expense in connection with any such lien or claim of lien, including, without limitation, reasonable attorney's fees. In addition, Tenant agrees that no security agreement, whether by way of conditional bill of sale, chattel mortgage or instrument of similar import, shall be placed upon any improvement at the Premises which is affixed to the Real Property. 24. CONDITION OF PROPERTY: Tenant acknowledges that the Leased Premises arc in acceptable condition upon the execution of this Lease. Tenant(s) agree that neither the Landlord nor his agent have made promises regarding the condition of the Leased Premises. © 2018 ezLandlordForms.com Initials of all Tenants Page 8 25. DESTRUCTION OR DAMAGE: A. If any portion of the Leased Premises or common areas necessary for Tenant's occupancy is damaged by fire, or other casualty, Landlord shall, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within ninety (90) days. If Landlord detemrines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect. If such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the rent shall be abated to the extent Tenant's use of the Leased Premises is impaired, based upon the reasonable relative value to Tenant that the damaged space bears to the value of Tenant's total Leased Premises, commencing with the date of damage and continuing until substantial completion of the repairs required of Landlord. B. If, in Landlord's opinion, such repairs cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated to the extent Tenant's use of the Leased Premises is impaired, based upon the reasonable relative value to Tenant that the damaged space bears to the value of Tenant's total Leased Premises, commencing with the date of damage and continuing until substantial completion of the repairs required of Landlord. C. Tenant shall be responsible at its sole cost for the restoration and replacement of any other Leasehold Improvements and Tenant's property. Landlord shall not be liable for any loss of business, loss of Tenant's personal property, inconvenience or annoyance arising from any fire or other casualty or any restoration of any portion of the Property arising from fire or other casualty. D. If such damage is the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, Rent shall not be abated, and Tenant shall pay Landlord for repairs and for all costs associated with such damages, including but not limited to the loss of all rental income from all tenants of the Property as the result of such damage. 26. RIGHT OF ENTRY: Tenant shall permit Landlord or Landlord's agents to enter upon the Leased Premises at reasonable times and upon reasonable notice, for the purpose of inspecting and making repairs and will permit Landlord at any time within 24 hours with reasonable notice. In the event of an emergency Landlord reserves the right to enter the Leased Premises without notice. 27. CHANGES REQUESTED BY LENDER: When applicable, neither Landlord nor Tenant shall unreasonably withhold consent to changes to this Lease requested by the lender on Landlord's interest, so long as these changes do not materially alter the basic business terms of this Lease. 28. CHOICE OF LAW: This Lease shall be construed and enforced in accordance with the laws of Colorado. 29. EXECUTION OF LEASE: The submission of this Lease to Tenant shall be for examination purposes only, and does not and shall not constitute a reservation or option for Tenant to lease, or otherwise create any interest of Tenant in the Leased Premises or any other premises within the Building or Property. Execution of this Lease by Tenant and its return to Landlord shall not be binding on Landlord notwithstanding any time interval, until Landlord has in fact signed and delivered this Lease to Tenant. The parties agree to promptly sign all documents reasonably requested to give effort to the provisions of this Lease. 30. ABANDONMENT: In the event that tenant vacates the premises without notifying the Landlord, the premises is then considered to be abandoned and tenant is in default of this Lease agreement. Specifically, Tenant shall (unless Landlord shall have directed Tenant not to remove such items) reimburse Landlord, as Additional Rent within thirty (30) days after demand, for Landlord's reasonable, actual out-of-pocket costs incurred in connection with removal of Tenant's property and restoration of the premises. Landlord's acceptance of a subtenant or replacement tenant in case of abandonment shall not constitute a waiver of rights against the original tenant In case of abandonment, Tenant may be responsible for damages and losses allowed by federal, state and local regulations. O2019 ezLandlordForms.com Initials of all Tenants Page 9 31. LANDLORD'S REMEDIES: If the event of a default of this Lease, the Landlord may in addition to any other remedies or options set by law pursue any or all of the following remedies concurrently or successfully, as follows: A. Landlord may terminate this Lease and take possession of the Leased Premises without prior notice or demand. B. In addition to any Rent and other charges already due and payable, the Rent for the entire unexpired balance of the term of this Lease and any other charges, costs and expenses herein agreed to be paid by Tenant shall be due and payable immediately as if by the terms of this Lease such Rent, charges, costs and expenses were on that day due and payable in full, in accordance with and to the extent permitted by the laws of Colorado. C. Landlord shall to the extent permitted by law, have the right to proceed by distress and sale of Tenant's property for Rent and other amounts due hereunder. During the tenn hereof, Landlord shall have a lien on all of Tenant's personal property, fixtures and equipment in the Leased Premises, as security for Rent and all other charges payable hereunder. D. Tenant expressly waives any right of redemption or for the restoration of the operation of this Lease under any present or future law if Tenant shall be dispossessed for any cause, or if Landlord shall obtain possession of the Leased Premises as herein provided. E. Landlord may, at any time, cure the default of Tenant and at the expense of Tenant. Tenant shall pay, with interest at the maximum legal rate, on demand, to Landlord, the amounts so paid, expended or incurred by Landlord and any expense of Landlord including attorneys' reasonable fees incurred in connection with the default and as permitted by law. F. The rights and remedies of Landlord set forth herein shall be in addition to any other rights or remedies now or hereafter provided by the laws of Colorado. All such rights and remedies shall be cumulative and not exclusive of each other. Landlord may exercise such rights and remedies at such times, in such order, to such extent, and as often as Landlord deems advisable with regard to whether the exercise of one right or remedy precedes, concurs with or succeeds the exercise of another. A single or partial exercise of a right or remedy shall not preclude a further exercise thereof or the exercise of another right or remedy from time to time. No delay or omission by Landlord in exercising a right or remedy shall exhaust or impair the same or constitute a waiver of or acquiescence to a default. No waiver of default shall extend to or affect any other default or impair any right or remedy with respect hereto. No action or inaction by Landlord shall constitute a waiver of a default. No waiver of a default shall be effective unless it is in writing. 32. WAIVER: The receipt and acceptance by Landlord of delinquent rent plus late charges and service fees shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. No act or conduct of Landlord, including, without limitation, the acceptance of keys to the Leased Premises, shall constitute an acceptance of the surrender of the Leased Premises by Tenant before the expiration of the Term. Only a written notice from Landlord to Tenant shall constitute acceptance of the surrender of the Leased Premises and accomplish a termination of the Lease. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant. 33. SUBORDINATION: This Lease Agreement is subject and subordinate to any lease, financing, loans, other arrangements, or right to possession with regards to the building or land, that Landlord is obligated to now or in the future including existing and future fmancing, and/or loans or leases on the building and land. 34. CONDEMNATION: If the whole or any part of the leased premises is taken by any authority having power of condemnation, this Lease agreement will end. Tenant shall peaceably vacate the premises, removing alI personal property and the lease terms will no longer apply. Tenant, however is responsible for all rent and charges until such time that tenant vacates. 35. BINDING EFFECT: All rights and liabilities herein given to, or imposed upon the respective parties hereto, shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of said parties. © 2019 ezLandiordForms.com Initials of all Tenants Page 10 36. MISREPRESENTATION: A. If any information provided by Tenant in application for this Lease is found to be knowingly incorrect, untruthful and/or misleading, it is a default of the lease. 37. PRIOR AGREEMENTS; AMENDMENTS: This lease contains all of the agreements of the parties with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provisions of this Lease may be amended or added to except by an agreement in writing signed by the parties or their respective successors in interest. 38. SEVERABILITY: Each term, remedy, provision, condition, obligation and/or waiver contained in this Lease, or any amendment or supplement hereto, is a separate and distinct covenant and, if any such term, remedy, provision, condition, obligation and/or waiver is declared unenforceable or unconstitutional, or invalid by any court of competent jurisdiction or by any act of Congress or by any other governmental authority, such decision, statute, ordinance or regulation will not affect in any manner the enforceability or validity of any other term, remedy, provision, condition, obligation and/or waiver contained herein, and they will remain in full force, virtue and effect. Therefore, it will not cancel or void the rest of the Lease Agreement. The remainder of the Lease will continue to be valid and enforceable by the Landlord, to the maximum extent of the laws and regulations set forth by local, state and federal governments. 39. FORCE MAJEURE: Any prevention or delay or stoppage of work to be performed by Landlord or Tenant which is due to labor disputes, inability to obtain labor, material or equipment, acts of God, governmental regulations, judicial orders, hostile government actions, civil commotion, fire or other casualty, or other cause beyond the reasonable control of the party obligated to perform hereunder, shall excuse performance of the work by that party for a period equal to the duration of that prevention or delay or stoppage. Nothing in this Article shall excuse or delay Tenant's obligation to pay rent or other charges under this Lease. 40. RULES AND REGULATIONS: Tenant agrees to comply with (and cause its agents, contractors, employees and invitees to comply with) the rules and regulations and with such reasonable modifications and additions that the Landlord may make from time to time. Landlord shall not be responsible for any violation of such rules and regulations by other tenants or occupants of the Building or Property. A. Vehicles parked on premises must be in working order with necessary registrations and/or inspections. B. Late fees are strictly enforced and any unpaid fees will not be waived. C. The Tenant may not interfere with the peaceful enjoyment of the neighbors. D. The Tenant will be responsible for any fine and/or violation that is imposed on the Landlord due to the Tenant's negligence. E. The Tenant shall abide by all Federal, State, and Local laws. F. The Tenant shall notify the police and Landlord of any illegal activity that is witnessed in or around the Leased Premises. G. The Tenant agrees not to use the Leased Premises for any unlawful purpose including but not limited to the sale, use or possession of illegal drugs on or around the Leased Premises. H. The Tenant agrees to test smoke detector(s) periodically as well as maintain operational batteries at all times. I. The Tenant agrees to test carbon monoxide detector(s) periodically as well as maintain operational batteries at all times. The Tenant must report immediately to the Landlord any malfunction with carbon monoxide detector(s). 41. ADDENDA: The following Addenda, attached to this Lease Agreement, shall become part of this Lease Agreement: If any provision contained in an addendum to this Lease is inconsistent with any other provision herein, the provision contained in the addendum shall control, unless otherwise provided in the addendum. A. Zero Tolerance for Criminal Activity B. Tenant Receipt of Key(s) C. Commercial Sign Addendum D. Permitted Alterations & Improvements E. Personal Guarantee F. Fire Safety Device(s) Disclosure a 2019 ezLandrordForms.com initials of all Tenants Page 11 Tenant's Signature: Landlord/Agent Signature: 42. NOTICES: A. Any notice, required by the terms of this Lease Agreement shall be in writing. B. Notices sent to Landlord may be sent to the following: I. 687 Academy Court, Windsor, CO, 80550 II. Email: C. Written correspondence to Tenant shall be mailed to: 687 Academy Court Windsor, CO, 80550. D. Notices may be given by either party to the other, or any other manner provided for by law, in any of the following ways: I. First Class USPS Mail. IL Personal Delivery. III. by sending said notice by certified or registered mall, return receipt requested. N. Email. E. If Landlord sends the notice by certified, registered mail or regular mail, it will be considered received on the date the Tenant signs for it, or FIVE (5) days after it was mailed, whichever occurs first. 43. PARAGRAPH HEADINGS, CAPTIONS AND SECTION NUMBERS: The captions, paragraph headings and section numbers appearing within the body of this Lease have been inserted as a matter of convenience only and in no way define, limit or enlarge the scope or meaning of this Lease. They are for convenient reference only and do not represent the rights or obligations of the Landlord or Tenant. 44. ENTIRE AGREEMENT: A. Landlord and Tenant agree that this Lease Agreement and any attached Addenda, Rules and Regulations and/or Special Terms and Conditions accurately represent all terns and agreements between the Landlord and Tenant regarding the leased premises. There are no promises, agreements, conditions or understandings, either oral or written, between them other than are herein set forth. It is further understood and agreed that, except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by them. NOTICE: This is an important LEGAL document. • You may have an attorney review the Lease Agreement prior to signing it. • You are giving up certain important rights. • If the Landlord fails to enforce any provision of this Lease Agreement it is not a waiver of any future default or default of the remaining provisions. Landlord's acceptance of rental payments is not a waiver of any default by the Tenant. • Time is of the essence in this Lease. • You are waiving your right to have a notice sent to you before the Landlord starts court action to recover possession for nonpayment of rent or any other reason. INTENDING TO BE LEGALLY BOUND, the patties hereto have executed this Lease on this date of January 1, 2015. /// Date: t ` �! Qty DLO Date: ,(e,(1 / / Bic - 0 2019 ezLandlordForms.com Initials of all Tenants Page 12 ADDENDUM: ZERO TOLERANCE FOR CRIMINAL ACTIVITY Landlord: Windsor Gymnastics Academy Inc Tenant: Little Angels Christian Preschool Inc Leased Premises: 687 Academy Court, Windsor, CO 80550 This LEASE ADDENDUM is incorporated into and made part of the Lease executed by the Landlord and the Tenant referring to and incorporating the Leased Premises. The Landlord has zero tolerance for criminal activity in or around the Leased Premises. This policy applies to all Tenants, occupants, guests, and any visitors in or around the Leased Premises. The Landlord will immediately report any evidence of criminal activity to the proper authorities, and the Tenant's engagement in any criminal activity is a default of the Lease. The Tenant understands his/her responsibility to call the police/emergency services and report any suspicious activity observed, and then notify the Landlord. The Tenant understands that disturbances of the peace not only infringe on the neighbors' peaceful enjoyment of their property, but are also a default of the Lease. In the event of any criminal activity in which the Tenant is directly or indirectly involved, the Landlord will take the legal measures necessary to evict the Tenant(s) from the Leased Premises. This includes but is not limited to illegal drug activity, gang involvement, organized crime and disturbances of the peace. The Tenant understands that violation of this addendum is a default of the Lease and will result in the Landlord taking the necessary steps towards eviction of the Tenant. The Tenant may then be responsible for the rent remaining due for the balance of the Lease term, court costs, attorney fees, and other charges in accordance with all applicable Colorado, local laws and regulations. Tenant's Signature: // .714, t4,t G/ Date: /hT%!5 Tenant's Signature: Date: Tenant's Signature: Date: @ 2019 ezLandlordForms.com Page 13 ADDENDUM: TENANT RECEIPT OF KEYS Landlord: Windsor Gymnastics Academy Inc Tenant(s): Little Angels Christian Preschool Inc Leased Premises: 687 Academy Court, Windsor, CO 80550 I/We Little Angels Christian Preschool Inc (Tenant(s)) acknowledge receipt of two keys for the Leased Premises located at 687 Academy Court, Windsor, CO 80550. The Tenant(s) agrees that he/she will not change any lock or make any additional keys without the Landlord's permission. Loss of any keys should be immediately reported to the Landlord. Inventory of Keys: (Enter the room/location and number of each key below) Room/Location Number of Keys At the end of the tenancy, Tenant must return all keys listed herein. Failure to do so will incur a charge of $25 per key that is not returned. I/We acknowledge by my/our signatures below that I/we have received all of the keys listed and agree to the terms contained in this receipt. Tenant Signature: 2Z14-1 4Ei_L19 Date: 1/15 Tenant Signature: Date: Tenant Signature: Date: © 2019 ezLandlordForms,com Page 14 ADDENDUM: COMMERCIAL SIGNS Landlord: Windsor Gymnastics Academy Inc Tenant: Little Angels Christian Preschool Inc Leased Premises: 687 Academy Court, Windsor, CO 80550 This LEASE ADDENDUM is incorporated into and made part of the lease executed by and between Windsor Gymnastics Academy Inc and Little Angels Christian Preschool Inc for the Leased Premises located at 687 Academy Court, Windsor, CO 80550. Landlord has agreed to the installation, hanging and placement of signage on or about the Leased Premises as described below, provided it meets the federal, state and local requirements. Any deviations or changes from the description below must be resubmitted in writing for Landlord's approval. Tenant may place signs as follows: (describe type, material, locations, etc) Obtaining all permits, licensing, as well as fulfilling all requirements that may be required by federal state, local jurisdictions or any governmental agency are the sole responsibility of the Tenant. The Landlord accepts no responsibility or liability for the Tenant's failure to do so. Tenant further understands that any and all fines, legal consequences and any and all costs incurred thereof from the Tenant's failure to adhere to any requirements imposed by any federal, state, local jurisdiction or governmental agency is the sole responsibility of the Tenant. The Landlord has made no guarantees or promises to the Tenant in any way regarding the ability of the Tenant to obtain or be granted the permission to install, hang or place a sign or signage on or about the Leased Premises by any federal, state or local governmental agency. Tenant is fully responsible to be sure that the the installation, hanging or placement of any signs or signage will fulfill all of the requirements of federal, state, and local laws, any zoning ordinance, building code requirements and any other governmental regulations. If the Tenant violates any part of this Addendum, the Tenant will then be in default of the Lease. In the event of a default, the Landlord may initiate legal proceedings in accordance with all applicable local laws and regulations to evict or have the Tenant removed from the Leased Premises; as well as seek judgment against the Tenant for any monies owed to the Landlord as a result of the Tenant's default. Tenant's Signature: L1 _..,,.- Date: (/ l Tenant's Signature: Date: Tenant's Signature: Date: Landlord's Signature: �� £ O Date: 04 © 2019 ezLandlordForms.corn Page 15 ADDENDUM: PERMITTED ALTERATIONS AND IMPROVEMENTS Landlord: Windsor Gymnastics Academy Inc Tenant: Little Angels Christian Preschool Inc Leased Premises: 687 Academy Court, Windsor, CO 80550 This LEASE ADDENDUM is incorporated into and made part of the lease executed by and between Windsor Gymnastics Academy Inc and the Little Angels Christian Preschool Inc for the Leased Premises located at 687 Academy Court, Windsor, CO 80550. Landlord has agreed to the following improvements and alterations to the Leased Premises. Any deviations or changes from the description below must be resubmitted in writing for Landlord's approval. Allowed improvements and alterations: (describe here) Obtaining all permits, licensing, as well as fulfilling all requirements that may be required by federal state, local jurisdictions or any governmental agency are the sole responsibility of the Tenant. The Landlord accepts no responsibility or liability for the Tenant's failure to do so. Tenant further understands that any and all fines, legal consequences and any and all costs incurred thereof from the Tenant's failure to adhere to any requirements imposed by any federal, state, local jurisdiction or governmental agency is the sole responsibility of the Tenant. The Landlord has made no promises, guarantees or warranties to the Tenant in any way regarding the ability of the Tenant to obtain or be granted the permission to make any alterations, modifications, or improvements to the Leased Premises by any federal, state or local governmental agency. Tenant is fully responsible to be sure that the permitted use and any changes, improvements and/or alterations will fulfill all of the requirements of federal, state, and local laws, any zoning ordnance, building code, OSHA or EPA requirements and any other governmental regulations. If the Tenant violates any part of this Addendum, the Tenant will then be in default of the Lease. In the event of a default, the Landlord may initiate legal proceedings in accordance with applicable local laws and regulations to evict or have the Tenant removed from the Leased Premises; as well as seek judgment against the Tenant for any monies owed to the Landlord as a result of the Tenant's default. Tenant's Signature: /2lzr 7ti. �Gr'� Date: 7/ I i Tenant's Signature: Date: Tenant's Signature: Date: Landlord's Signature: 0-6.140' �Ol�. aitafi(/ Date: 2°5 © 2019 ezLandlordForms.com Page 16 FIRE SAFETY DEVICE(S) DISCLOSURE Landlord: Windsor Gymnastics Academy Inc Tenant: Little Angels Christian Preschool Inc Leased Premises: 687 Academy Court, Windsor, CO 80550 This Disclosure is incorporated into and made part of the Lease Agreement dated Jan. 1, 2015 between Windsor Gymnastics Academy Inc (Landlord) and Little Angels Christian Preschool Inc (Tenant[s]) for the property located at: 687 Academy Court, Windsor, CO 80550 (Leased Premises). The Leased Premises are equipped with smoke detectors and carbon monoxide detectors. Tenant must locate and confirm they are in good working order. Tenant agrees to test all provided smoke and carbon monoxide detectors on at least on a semi-annual basis. Battery operated devices must be checked and batteries changed as recommended by the manufacturer. Tenant agrees not to remove, dismantle or otherwise block the operation of any fire safety device that has been provided and installed on the premises. Tenant is responsible for the total amount of the repair and/or replacement of equipment damaged by his own negligence or interference. Tenant must immediately report any defect, malfunction or failure of any detector(s) to the Landlord. Such report should be made orally, followed by a written report. A malfunction of detector(s) is regarded as an emergency under the laws of many jurisdictions and as such, allows the Landlord's entry to repair or replace the failed device(s). Landlord and Tenant acknowledge that all applicable laws and regulations regarding the installation and maintenance of smoke and carbon monoxide detectors have been and will continue to be followed. Tenants certify that they have read, understand and agree to comply with all terms of this policy. Tenant acknowledges the receipt of this Fire Safety Device Disclosure with their signatures below. Failure to comply with this agreement entitles the Landlord to all remedies provided under the lease agreement as well as under all applicable laws and regulations. Tenant's Signature: ,rivLG, /1 "'� Date: Y 1 1. --"/1/ Tenant's Signature: Date: Tenant's Signature: Date: O 2019 ezLandlordForms.com Page 17 Hello