332 S. 4th W. , Rexburg,   ID 83440       
(208) 270-7011

Campus Park Apartments

332 S. 4th W. Rexburg,   ID 83440       (208) 270-7011

1. Residency and Financials

1.1  PARTIES AND OCCUPANTS: 

 This Lease Contract is between you, the undersigned Resident(s):        <<Tenant(s) Financially Responsible>>

and us, the owner/agent:   Squaw Peak Properties. You've agreed to rent the property located at 332 S. 4th W., Rexburg, ID Unit_________ for use as a private residence only. The terms "you" and "your" refer to all residents listed above. The terms "we," "us," and "our" refer to the ownerIagent listed.

 Occupants of the Premises: The individuals identified as residents/tenants are the only individuals (including minor children, foster children or step children) who may reside at the Premises.   No person other than the individuals identified above may reside at the Premises without the prior written consent of Landlord  unless otherwise provided  in this Lease.

 The Premises shall only be used as a single-family private residence by Tenant and the persons identified as occupants on the Application. Single-family residence is defined as two adults and potential children.   Any diversion from this definition requires Landlord approval. Tenant shall not permit other individuals to reside in the Premises or to treat the Premises as a residence for any period of time. Tenant shall not misuse, waste, or neglect the Premises, nor shall Tenant use the Premises for any business, commercial, immoral, or unlawful purpose, or commit, maintain, suffer, or permit any nuisance on or about the Premises.  Tenant shall not use or store hazardous or extremely flammable materials or substances in or about the Premises.  Should Tenant fail to comply with any covenant or provision of this paragraph, Landlord may terminate this Lease and commence unlawful detainer proceedings.

 1.2   LEASE DURATION, CANCELLATION OF TENANCY

 The terms of this tenancy shall commence on <<Lease Start Date>> and end on <<Lease End Date>>.

 Tenant(s) agree to vacate the premises no later than 12:00 noon on the final day of the Lease Term unless other arrangements are made in writing and/or Term is extended by Lease Agreement.  If the Term is cancelled by Tenant for any reason, Tenant(s) shall be liable for the entire rent due for the remainder of the Term, or the cost of re-renting the premises, including rent lost, the cost of restoring  the premises  to the condition at the time it was rented, and a minimum $100.00 processing fee.

 Should the tenant wish to extend their stay past the ending date of the present contract, tenant may apply for a new contract in the same apartment.  This may be done around three months prior to ending of present contract.  Tenant must make notification and secure a new contract at least 30 days prior to the end of their contract if they want to get a new contract.  The sooner this is done the more chance tenant may be able to secure the apartment for a longer stay but it does not guaranty they will get one.

 1.3   SECURITY DEPOSIT

The total security deposit at the time of execution of this Lease Contract   $500 is due on or before the date this Lease Contract is signed.  Landlord may deposit the Security Deposit into its general bank account.  No part of the Security Deposit shall be considered to be held in trust, nor shall the Security Deposit bear interest. Landlord, in its sole discretion, may use all or any portion of the Security Deposit to satisfy, in whole or in part, any obligations of Tenant under this Lease including, but not limited to, the payment of past due rent, past due utilities and services, late charges, damages or liens against the Premises created by or as a result of the conduct of Tenant, or any attorney(s) fees and costs incurred by Landlord to obtain possession of the Premises or to enforce Landlord's rights under this Lease.  Within thirty (30) days of the date on which this Lease is terminated, Landlord shall provide Tenant with a refund of the balance of the Security Deposit if refund is due under the terms of this Lease. Should Landlord apply all or any portion of the Security Deposit to cure a default of Tenant hereunder, Tenant shall immediately replenish the amount of the Security Deposit so applied. Tenant shall never be able to consider deposit as applicable to rent due.

 A carpet and refurbishing fee of $100 is considered a non-refundable portion of the security deposit at check-out.

 1.4   RENTS AND CHARGES

  Tenant shall pay <<Monthly Rent>> per month for rent. The first month's rent and/or prorated rental amount of <<Prorated  Rent>> shall be due two weeks prior to move-in. If Commencement Date is not on the 1st day of a month, the rent is pro-rated for the partial month by taking the amount  due for one month's Rent and dividing it by the number of days in such month, and then multiplying  that number by the number of days the Tenant will occupy the Premises during that month. If prorated amount is less than twenty days, a following full month’s rent shall be added to the proration payable two weeks in advance of Commencement date. Each Rent installment shall be paid by ensuring Rent is received by Landlord by the end of day (5 p.m.) on the Rent due date (The 1st day of each month).  Rent can either be paid by ACH withdrawal, mailed (please mail five (5) days prior to due date to ensure on-time delivery) or hand-delivered to the mail slot in Office door located at 332 S. 4th W.  In the event that a Rent installment is not paid within five (5) days after the due date (i.e. by 5 pm the 5th of each month), Tenant shall pay a late charge of five percent (5%) of the past due Rent amount. If rent is not paid by the tenth of the month, Tenant shall pay an additional $5 per day (over and above the 5% late fee noted above) counted from the date due (i.e. 1st of the month) until paid in full.  Tenant further agrees to pay Landlord a $35.00 fee for each payment given to Landlord that is returned or dishonored. Returned checks will also be subject to late fees provided herein.  Rent rate is set as per current Lease Term.

1.5   UTILITIES AND SERVICES

Tenant is responsible to contact the power company (Rocky Mountain  Power) and indicate the move-in date or the Commencement Date (whichever is earlier) as the beginning  date of tenant electrical usage responsibility. Tenant must provide evidence of having put electricity in their name in order to occupy. Interruption or failure of any utility or service furnished or supplied to the Premises shall not entitle Tenant to any claim against Landlord, to any reduction in Rent, or to a refund of any amounts paid by Tenant hereunder. Wireless internet is provided to tenant as part of amenities offered by Landlord to Tenant. 

1.6   TERMINATION OF TENANCY

If a Tenant wishes to vacate upon termination of this contract for any reason, Tenant shall surrender and vacate the Premises, including the removal of all of Tenant's property from the Premises.  Upon or before departure, Tenant shall return to Landlord all keys to Premises (including two apartment keys and one mailbox key), and shall secure a time with management for inspection.   If time permits, Tenant may be given opportunity to remedy any items that do not pass inspection at the option of management. Any cleaning that Campus Park personnel do to restore will be billed at $40/hour. Any items left behind by tenant upon departure will be considered  abandoned and will be disposed of at Landlord’s sole discretion. Time/cost to dispose of such abandoned items will be calculated and withheld from Tenant deposit when refund is calculated.

1.7  BREACH OR DEFAULT

Failure of Tenant to pay any Rent or fees required  under  this Lease promptly when due, or to comply with any other term or provision of this Lease, shall constitute a breach of this Lease and shall, at the option of Landlord, empower Landlord  to terminate this Lease and pursue any additional remedies to which Landlord is or may be entitled.  Any such termination shall not terminate Tenant's obligation to pay Rent or fees required  by this Lease for the balance of the Term. In the event of a breach or default by Tenant under any provision of this Lease, Landlord  shall serve  upon Tenant, if required  by Idaho law and  in accordance  therewith, a three-day notice identifying  the nature  of such breach or default.  If such breach or default  may be cured by Tenant and Tenant cures the same within such three-day period, then Tenant shall be entitled  to continue Tenant's occupancy  of the Premises under  the terms of this Lease.  In the event that Tenant does not or cannot cure such breach or default, then Landlord, at Landlord's option, may declare this Lease to be terminated and may obtain possession of the Premises as permitted by Idaho law. Tenant expressly acknowledges and agrees that repeated late payment of Rent or other amounts payable to Landlord  under the terms of this Lease shall be grounds for termination of this Lease and eviction.

By initialing below, you acknowledge and agree to the terms in Section 1.

2. Policies and Procedures

2.1   PETS

No pets or animals of ANY kind, for ANY reason shall be kept, brought or permitted on the premises by Tenants or any relative, friend or guest of Tenants without the prior written consent of Landlord. Breach of this contract provision by Tenants shall be grounds for immediate eviction without opportunity to cure this breach of contract. Furthermore, Tenants shall be liable for any injury to any person or damage to property, including without limitation damage to the Premises, relating to or resulting  from any pet or animal  kept, brought or permitted on the premises  by Tenants or any relative, friend or guest of Tenants.  If Tenant disregards this stipulation in any manner, the entire security deposit will be forfeited for potential damage; this lease agreement will be terminated at Landlord's sole discretion.

If a person suffering a bone fide emotional illness requires a support ESA, they must make application to Campus Park and be approved prior to bringing an animal on premises. Any sign of animal feces or urine on carpets or furniture results in LOSS of FULL DEPOSIT.  Above rules for pets apply.  People bringing ESA’S must provide proof of insurance that covers liability for damage to persons or property caused by an animal in their care.

2.2   MULTIPLE TENANTS

As used in this Lease, the term "Tenant" shall include all Tenants, whether one or more.  All Tenants shall be jointly and severally liable for Tenant's obligations under this Lease including, but not limited to, all damage to the Premises.  If the Premises are occupied by multiple Tenants, each Tenant hereby appoints the other Tenant​{s) as his or her agent for purposes of receiving all notices from Landlord  under  this Lease.  Each Tenant also hereby appoints the other Tenant(s) as his or her agent for receiving service of process in any legal action which may arise from Tenant's residency, use of the Premises, or otherwise. Landlord's obligation to remit and account for all or any portion of the Security Deposit shall not arise until this Lease is lawfully terminated as to all Tenants.  If Tenant is entitled to a refund of all or any portion of the Security Deposit, Landlord shall remit the same to the person who is the last signatory to this Lease to lawfully terminate their tenancy regardless of who paid the Security Deposit.

2.3   ASSIGNMENT AND SUBLETTING

Tenant shall have no right to assign or sublet any interest under this Lease.  Landlord shall have no  obligation  to consent  to any such  assignment or sublease.   Landlord shall have the right to assign all or any interest or right of Landlord  under  this Lease to any person  or entity at any time.

2.4   ABANDONMENT BY TENANT

Abandonment of the Premises by Tenant shall constitute a breach of this Lease and shall entitle Landlord  to all remedies  under  this Lease applicable by law.  Landlord shall have the right to declare Premises abandoned upon (a) Tenant's absence from the Premises  for more than  twenty (20) days without prior notification  to Landlord; or (b) the removal of Tenant's household furniture and other personal belongings  from the Premises.  Upon the occurrence of any one or more of the foregoing, or upon the occurrence of any other conduct by Tenant which indicates Tenant's abandonment of the Premises, Landlord shall be entitled to declare the Premises abandoned and to retake possession  thereof.  Landlord reserves the right to re-enter the Premises three ​{3) days after posting a notice of intent to retake possession of the Premises on the door of the Premises.

 In the event that the Premises are abandoned by Tenant, Landlord, at Landlord's discretion and as agent for Tenant, may relet the Premises for the whole or any part of the then unexpired Term, may receive and collect all Rent payable by virtue of such reletting and, at Landlord's option,  may hold Tenant liable for any difference between  the Rent collected by Landlord by virtue of such reletting and the Rent which would have been payable by Tenant under  this Lease during  the balance of the unexpired Term (or Renewal Term).

 All personal property remaining in or about the Premises upon termination of Tenant's tenancy (whether by expiration or termination of this Lease or abandonment of the Premises) for more than three (3) days shall be deemed abandoned personal property.  Tenant hereby surrenders all right, title, and interest in and to such abandoned personal  property and  agrees that Landlord may keep, sell, or otherwise dispose of such abandoned personal property as Landlord deems appropriate in Landlord's sole discretion.  Tenant further agrees that Landlord shall have the right to charge the expense  of handling, storing,  or otherwise disposing of such  abandoned personal  property against the Security Deposit or to otherwise recover such expenses from Tenant.

2.5 INDEMNIFICATION AND LIABILITY

 Tenant acknowledges Tenant opportunity to fully inspect the Premises and accepts the Premises as conditioned upon occupancy permit of jurisdiction municipality (City of Rexburg).  Landlord shall not be liable for any loss, damage, or injury to Tenant or to any other person or to any property occurring on or about the Premises whatever the cause.  Tenant agrees to defend, indemnify, and hold Landlord  harmless from any and all claims, liabilities, damages, losses, suits, actions, and expenses (including, but not limited to attorneys' fees and costs) arising out of or relating to (a) any loss, damage, or injury to Tenant or to any other person or to any property occurring  on or about  the Premises whatever  the cause; (b) Tenant's use or occupancy  of the Premises, or that of Tenant's family, invitees, or guests; and/or (c) Tenant's breach of any of the terms or provisions  of this Lease.  Tenant shall bear the risk of loss from whatever cause with regard to all personal property of Tenant kept in, on, or about the Premises.  Tenant is hereby advised to obtain renter's  insurance and liability insurance as any insurance maintained by Landlord does not cover Tenant's property or Tenant's liability.

2.6   DESTRUCTION OF THE PREMISES

 Destruction of the Premises during the Term (or any Renewal Term) of this Lease which  is not caused  by an act or omission of Tenant, or taking of the Premises by eminent  domain, shall terminate this Lease as of the date of destruction or taking (except for the purpose of enforcing rights which may have then accrued hereunder), and Tenant shall immediately surrender the Premises to Landlord  and pay Rent only up to and including the time of surrender. If the Premises are damaged but are capable of being repaired within a reasonable amount of time, Landlord shall have the option to repair the Premises and to collect Rent from Tenant in proportion to that portion of the Premises that have remained of use and service to Tenant, and this Lease shall continue according to its terms; provided, however, that upon completion of such repairs, Tenant's Rent obligation shall be immediately restored to its full amount as specified in Paragraph 1.4 above.  Any condemnation award arising in connection with the Premises shall belong exclusively to Landlord. 

Destruction of the premises, whether visible physical destruction or destruction of name and reputation of facility via any negative social media means, is fully understood and fully accepted by Tenant as prohibited under this lease and subject to all available legal and criminal proceedings.

2.7   VEHICLES

Only vehicles maintained in good operating condition and properly licensed may be parked at the Premises. No trailers, campers, boats, or disabled vehicles may be parked or stored at the Premises without Landlord's prior written consent. Trucks and other vehicles larger than pickup variety are strictly prohibited. Vehicles, bicycles, and other mechanical equipment may be driven or parked only in designated areas and never on lawns or sidewalks.   There shall be no major repairs or disassembling of vehicles, no changing of oil, and no used oil being placed in garbage dumpsters or other receptacles at or about the Premises. Unauthorized vehicles will be towed at the vehicle owner's expense.  Only vehicles used regularly are to be parked curbside (nearest to entry doors).  All Tenant vehicles are to possess a Campus Park vehicle sticker authorizing parking  on the premises.  First car is $20 and second is $30.  These parking stickers display the apartment number occupied by the Tenant and are renewed with each subsequent contract.  If Tenants move apartments, replacement stickers must be acquired to correctly identify  the new apartment number. Vehicles are to be moved as directed by Landlord for any parking lot maintenance (including snow removal). Landlord retains right to tow Tenant vehicle(s) in the event of Tenant disregard of vehicle relocation notice.  Tenant will be responsible for all cost associated with Landlord requested towing plus an additional Landlord nuisance fee of $60.

2.8  SMOKE ALARMS

 Landlord hereby certifies that all smoke alarms located on the Premises were functioning properly as of city occupancy permit date.  It shall be the sole responsibility of Tenant to test and check all smoke alarms in their unit on a frequent basis.  If a smoke alarm is battery operated, Tenant agrees to replace all such batteries when necessary.  Tenant shall immediately report any smoke alarm malfunctions or failures to Landlord in writing. Tenants are NOT to remove or otherwise disable smoke alarms as this is a life-safety hazard.   Tenants found to have smoke alarms  removed/disabled will be assessed an immediate $80 per smoke alarm  re-install/enable fee or a $120 full replacement  fee if the former smoke alarm cannot be found.

2.9  QUIET HOURS

There shall be no noise that can be heard outside of Tenant Premises from 10:00  p.m  until 8 a.m.

By initialing below, you acknowledge and agree to the terms in Section 2.

3. Responsibilities

3.1   TENANT DUTY TO CLEAN

Throughout the Term, Tenant shall have the ongoing obligation to maintain the Premises including outside of Tenant Apartment. No garbage shall be on sidewalk/landing area and items of any kind, including grills, bicycles etc., shall be maintained in a clean and  orderly manner  including, without limitation, all carpets, floors, walls, windows, blinds, drapes, bathroom, kitchen, furniture, and appliances. Should Tenant fail to maintain the Premises in a clean and orderly manner, Landlord shall have the right to use the Security  Deposit  to have the Premises, or any part thereof, professionally  cleaned.  If any part of the Security Deposit is used to clean the Premises during the Term (or any Renewal Term), then Tenant shall, upon Landlord's demand, replace by payment  to Landlord  the amount of the Security  Deposit  used by Landlord  for such cleaning.  Upon termination of this Lease, Tenant shall clean and restore Premises to its existing condition at the commencement of this Lease; normal  wear and  tear excepted, such condition being established  by the "Apartment Condition  Checklist" completed  by  the  Tenant and  verified  (as deemed  necessary)  by  Landlord  at  the  commencement of  the  lease  Term, the  same being incorporated herein by this reference.  If Tenant fails to restore Premises to the condition existing at Lease commencement, the cost for cleaning/restoration will be charged at $40 an hour.  Tenant agrees that soilage of the Premises and/ or stains do not constitute normal wear and tear for purposes of this Lease.

3.2 MAINTENANCE AND REPAIR

Should Landlord determine that an expense for maintenance or repair was incurred as a result of misuse, waste, or neglect of the Premises by Tenant, or any other act or omission of Tenant, Landlord shall have the right to demand from Tenant reimbursement for such expense within twenty (20) days of the date such expense was incurred, and to apply all or any portion  of the Security Deposit to such expense.  In the event that Tenant fails or refuses to reimburse such expense upon terms acceptable to Landlord, Tenant shall be in breach of this Lease and landlord shall be entitled to all remedies set forth herein.  All requests by Tenant for maintenance or repairs shall be made to Landlord in writing.

 3.3 ALTERATIONS AND IMPROVEMENTS

Tenant shall not make any alterations, additions, or improvements to the Premises, or wallpaper or paint any part of the Premises.  Tenant shall not make any contract for construction, repair, or improvement to the Premises, and shall not cause or permit the filing of a mechanic's, material men's, or other lien against the Premises.  All single bedroom units are furnished with kitchen table, sofa, and queen-sized bed.  Such furnishings are Landlord Property.  If removal of any of the furnishings is requested by Tenant, a charge of $50 will be per removal appointment (whether for just one furnished item or for all).  Appointments to remove must be scheduled at least three (3) days prior to desired  date  of furnishing removal.  Furnishings must either be maintained within Tenant apartment or in Landlord premises.   Storage in any other location is strictly prohibited and subject to forfeiture of full security deposit.  Removal must only occur via Landlord notification and scheduling. Screws are placed in wall by Landlord for Tenant decoration use. Any nails or screws or other hanging device added by tenant which punctures or damages wall in any way will be assessed a minimum $25 per hole/ paint damage fee upon move out.  Holes/wall damage caused by tenant are not to be repaired by Tenant.  The fee to fix inappropriate repairs by Tenant will be at least double the minimum $25 per hole fee. Tenants are NOT to plug in/ install any routers or other technology reception or signal diffusing devices of any kind.  Such devices diffuse Landlord-provided wireless internet and affect other Tenants.  Any Tenant found with such installed devices will forfeit full Tenant deposit and will be required to immediately reinstate a full deposit

3.4 INSPECTION

Landlord shall have the right to access all areas of the Premises for purposes of inspecting, maintaining, and repairing the same or having a contractor perform any work deemed necessary by Landlord. Landlord may attempt to give Tenant notice of any inspections, maintenance, repair or  work; however, such advance  notice shall not be required. In addition, Landlord  shall have the absolute  right to access all parts of the Premises at any time particularly in the event that Landlord  deems an emergency  to exist, or in the event that Landlord  feels such access is necessary in order  to avert damage  or injury  to any person  or property (including  the Premises), or to prevent  or investigate the violation  or potential  violation of any provision  of this Lease.  Landlord shall also have the absolute right to post signs directing  potential future  tenants to the Premises or advertising the Premises for sale, and to show the Premises to prospective purchasers and/or lessees at all reasonable times. The rights of Landlord under this paragraph shall extend to Landlord's employees, agents, and representatives.

By initialing below, Tenant acknowledges and agrees to the terms in Section 3.

4. General Clauses

 4.1   DRUG FREE PROPERTY

Drugs, as herein understood, are defined as any illegal drug or alcoholic substance and includes cigarette smoking and/or possession of tobacco in all its forms.  Tenant, Tenant's family, and Tenant's visitors and/ or guests shall not possess, consume, manufacture, or sell any drug in or about the Premises.  Violation of this provision shall be grounds for immediate termination of this Lease without prior notice to Tenant. Tenant agrees that Landlord shall have the right  to report  evidence  of drug-related activity  to any law enforcement or other governmental authority, and that the reporting of such drug-related activity and the subsequent activities of Landlord, law enforcement, or other government officials shall not constitute interference with Tenant's quiet use, possession, and enjoyment of the Premise

 4.2   WAIVER OF RIGHTS AND TERMS

 Any failure by Landlord to enforce any term or provision of this Lease shall not constitute a waiver of such term or provision, or any other term or provision of this Lease.  The acceptance by Landlord of any portion of Rent due before or after any default  by Tenant shall not be construed  as a remedy of any default or a waiver of any right of Landlord  to affect any notice or legal action previously given or commenced. A waiver by Landlord of any term or provision of this Lease, or any other right of Landlord, shall be valid only if such waiver is reduced to writing  and signed  by Landlord, and only in the instance for which it is given.  A modification of any provision of this Lease shall be effective only if such modification is reduced to writing and signed by Landlord  and Tenant.

 4.3    DELIVERY OF POSSESION

In the event that possession of Premises cannot be delivered to Tenant upon commencement of the lease Term, and provided  that such non-delivery is through no fault of Landlord, there shall be no liability on the part of Landlord, but the Rent obligations of Tenant under this Lease shall abate until possession  of the Premises is delivered  to Tenant.  In any such event, Landlord  shall have thirty (30) days in which to deliver possession of the Premises  to Tenant, and if possession of the Premises is tendered  within such time, Tenant agrees to accept the

Premises and pay all Rent as provided  in this Lease; however, if possession of the Premises is not tendered  within such time, then this Lease and all rights under  this Lease shall terminate and be of no further force or effect.

 4.4  NOTICES

Any notice to Tenant shall be deemed served on the day when such notice is either personally delivered  or posted on the main entrance to the Premises and mailed by first class mail.  Tenant agrees that the posting of a notice on the main entrance to the Premises and the mailing of such notice by first class mail is the equivalent of personal delivery of the notice.  Tenant agrees that any time period set forth in any notice shall not be expanded by reason of service of such notice by mail.

 4.5  ATTORNEY FEES

All disagreements under this lease shall be first presented in mediation.  Only if agreement cannot be reach in Mediation will disagreement be addressed in a court of law. In the event that either party  brings  suit  to enforce or interpret this Lease, or brings suit  for damages on account  of the breach hereof, the prevailing  party  shall be entitled  to recover from the other party  or parties  the prevailing party's reasonably  mediator/attorneys' fees and  costs incurred in any such action, in addition to any other relief to which the prevailing  party is or may be entitled

 4.6  SEVERABILITY

Each provision of this Lease shall be interpreted in such manner as to be valid under applicable  law;  however if any provision of this Lease is deemed  to be invalid or prohibited under applicable  law, then such provision  shall be ineffective only to the extent of such invalidity or prohibition without invalidating or prohibiting the remainder of such provision or the remaining provisions of this Lease.

 4.7  GOVERNING LAW

This Lease shall be deemed to have been made in the State of Idaho and its validity, construction, breach, performance, and operation shall be governed by the laws of the State of Idaho applicable to contracts made and to be performed in the State of Idaho.

 4.8  BINDING EFFECT

The covenants and conditions contained in this Lease shall apply to and be binding upon the parties hereto and their respective heirs, representatives, successors, and permitted assigns.

 4.9  TIME OF ESSENCE

Time is of the essence of this Lease, and of the performance of each and every term and provision hereof.

 4.10  TITLES AND HEADINGS

Titles and headings of paragraphs of this Lease are for convenience and reference only, and shall not affect the construction of any term or provision hereof.

 4.11 SUBORDINATION

Tenant acknowledges that this Lease, and all rights  of Tenant  under  this Lease, are subject  and  subordinate to the lien of any and  all mortgages,  deeds  of trust,  and  other  security  instruments executed  by  Landlord  which  may  now  or  hereafter  affect the Premises,  or any part  of  the Premises,  and to any  and  all renewals,  modifications, and/or extensions  of any  such  mortgages,  deeds of  trust,  and security instruments. Tenant shall, on demand and without expense to Landlord, execute, acknowledge, and deliver to Landlord any and all instruments which may be necessary or proper to subordinate this Lease and any rights of Tenant hereunder to the lien of any such mortgage, deed of trust, or security instrument.  Should Tenant fail at any time to execute, acknowledge, and deliver any such subordination instrument, Landlord may, in addition to any and all other remedies available to Landlord  in consequence  thereof, execute, acknowledge, and deliver such subordination instrument as Tenant's attorney-in-fact and in Tenant's name.  Tenant hereby irrevocably makes, constitutes, and appoints Landlord  (including  Landlord's employees, agents, representatives, successors, and assigns)  as Tenant's attorney-in-fact for such purpose

4.12 REMEDIES CUMULATIVE

All rights and remedies of Landlord under this Lease shall be cumulative and shall not be mutually exclusive.

 4.13 COUNTERPARTS

This Lease may be executed in any number of counterparts, each of which shall be deemed  an original, but all of which shall constitute one and the same instrument.  The signature pages may be detached from each counterpart and combined into one instrument. This Lease may be signed and delivered by electronic transmission which shall be effective as an original.

 4.14 APARTMENT HANDBOOK

By executing this Lease, Tenant acknowledges receipt of the Apartment Handbook applicable to the Premises attached hereto (the "Apartment Handbook"). Tenant agrees to review the Apartment Handbook and become familiar with its terms and provisions. Tenant acknowledges that the Apartment Handbook constitutes a part of this Lease and is incorporated herein by this reference, and Tenant agrees to comply with the terms and provisions of the Apartment Handbook at all times. To the extent that the terms of the Apartment Handbook conflict with the terms of this Lease, the terms of this Lease shall govern and be controlling.

 4.15 ENTIRE AGREEMENT

This Lease, including the Apartment Handbook constitute the entire agreement between Landlord  and Tenant with respect to the subject matter thereof, all prior negotiations, understandings,  representations, warranties, and agreements being merged therein. This  Lease  may  only be amended by a  written instrument signed by Landlord  and Tenant.

By initialing below, you acknowledge and agree to the terms in Section 4.

5. General Information

5.1 MOVE IN/MOVE OUT INSPECTIONS

At time of Move-in Tenant will perform an inspection of apartment. At that time Tenant shall complete and sign an Apartment Condition Checklist noting any existing damages or problems as of move in date and deliver the checklist to management via dropbox in door of office within one week of move-in date.. This is Tenant’s assurance that Tenant will not be held responsible for any pre-existing damage. Major problems noted will be addressed by the Landlord in a timely manner. Upon move out, Tenant is expected to clean and restore Premises to the condition existing at the commencement of lease as evidenced by the Move-In portion of the Apartment Condition Checklist, normal wear and tear excepted. Soilage, stains and scratches are not normal wear and tear.

 It is Tenant’s obligation to remove personal  property at the end of the lease term or earlier termination of your  Apartment Lease Agreement.  Failure or neglect, for any reason, to remove all personal property or personal  property of others  left in the Premises, shall result in forfeiture of the deserted property.  Landlord shall have no responsibility to store or protect that property and may sell or dispose of it as the Landlord  shall determine, without notice or payment unless any landlord-tenant act prohibits such disposition or requires the Landlord  to comply with any specific procedure.

 5.2  SECURITY DEPOSIT

The Security Deposit is due at the date of your submission of signed Lease. Only Tenants who have submitted a signed lease and Security Deposit will be considered for contracted  tenancy. Only after Landlord confirms availability and approves Tenant for tenancy is the Security Deposit cashed/ deposited into Landlord banking institution. Thereafter, a signed  copy of the Lease is sent to Tenant.  Upon move out, Security Deposit will be subject to terms of your Apartment Lease Agreement and the following provisions:

• A written notice to vacate must be delivered  to Management at least 30 days prior to intended day of vacating. Full payment for all outstanding charges, including rent in full, must accompany the notice.

• There is no damage to the Premises beyond ordinary wear and tear.

• The entire  Premises, including all appliances, fixtures, floor coverings, and  private spaces,  must  be clean. (A more detailed  list of all requirements will be provided  to you when the Landlord  receives your notice to vacate).

• All keys are returned to the Landlord.

• A Self Addressed Stamped Envelope (SASE) withTenant’s forwarding address is left with Landlord

 5.3  KEYS

You will be issued a set of all necessary keys. Lost keys will be replaced at a charge of '$25.00 per key.  Keys duplicated by Tenant will not be accepted by Landlord and will be subject to the $25 charge per key.,.

Tenant may not alter any lock or install any new lock on any door without the prior written consent of the Landlord. For safety purposes, keys to all locks installed by you, if any, must be on file with the Landlord at all times.

5.4  MAIL

A mailbox and mailbox key will be provided to you at check-in. Please use your full name, address, apartment number, and zip code as your mailing address.  This full address should also be used as a return address on your mail. There is a letter drop  located near the mailboxes for your convenience.

 5.5  UTILITIES

Campus Park pays for all Utilities except electricity.  WAHOO!  Tenant will be required to show proof of hookup with Rocky Mountain Power before gaining occupancy. Non-payment of utility bills, which may cause service to be disconnected will be considered to be a violation of your Apartment Lease Agreement.

 5.6  IN UNIT WASHERS OR DRYERS

Two bedroom apts have a place for a small washer and dryer.  Anyone who installs such must notify management and will be charged a fee of $20/month.  Tenants must remove the appliances upon vacating and may not pass them on to a new tenant.  Removal fees apply forappliances left on premises.

5.7   RENT PAYMENTS 

Your rent is due on or before the first day of each month. Please make all checks or money orders payable to Squaw Peak Properties, LLC.  All payments  shall be delivered  to the Landlord  as detailed  in the Apartment Lease Agreement. A charge, as specified in your Apartment Lease Agreement, will be assessed on all NSF checks and payments returned, and on all late rent payments.

5.8  RENTERS INSURANCE AND LIABILITY

It is recommended that Tenants obtain apartment resident's insurance, which includes liability coverage. Generally speaking, such policies indemnify renters against loss of personal property by theft, fire, or natural disaster, as well as personal liability.  In the case of a renter with a Campus Park approved ESA, renter’s insurance is required.  Said policy must cover liability for damage caused to people or property by the ESA and proof of such must be provided to Campus Park. 

 5.9  IN CASE OF FIRE

 If you have occasion to use a fire extinguisher, report incident  to the Landlord immediately. The following general guidelines  should be adhered  to in case of a fire emergency.

• Use nearest phone and dial 911. Ask for the fire department and provide complete information  (e.g., name, address, etc.).

• Notify the Landlord immediately. Prevention is the best form of fire protection.

• Remember to turn off irons, heating pads, electric blankets, stove burners, curling irons, etc.

• Take care in the use and disposal of cleaning materials.

• Do not allow grease build up in your ovens, on stovetop, or range hood. (Grease fires are the most common household fire).

• Do not place furniture or other items against any type of heater.

• Test all smoke detectors regularly.

5.10   SECUR ITY HINTS

• Don't hide an extra key outside the Premises or loan keys

• Do not allow anyone to enter your apartment unless you have verified that he or she is authorized to enter.
• Develop a close relationship with your neighbors so that you can look out for each other.

• Notify the Landlord of any unlawful entries, thefts, illegal (or potentially illegal) conduct, and other suspicious  situations.

 5.11  GUESTS

You are welcome to have visitors temporarily.  A temporary stay does not exceed a period of 3) days and does not happen on a recurring basis. Exceptions to this requirement can be made by obtaining prior written approval of the Landlord.  Occupancy by persons other than those identified in your  Apartment Lease Agreement, or for longer periods  is grounds for termination and eviction. You are responsible for the conduct  of your guests and visitors at all times, and conduct by such persons  which disturbs  the quiet  use and  enjoyment  of the complex by other tenants  or violates the terms of your Apartment Lease Agreement  can be grounds for eviction. Visitors must use a visitor parking pass obtained from Landlord.

5.12  DISTURBANCES

You have the right to expect that your neighbors will not disturb your quiet and orderly home, and they have the right to expect the same from you. The Premises have been built with the best possible sound proofing but even with such provisions  for quiet, all construction materials still require that you, as Tenant, think of other people when you play the radio, stereo, television, entertain guests, and engage in other activities. We encourage good relations among Tenants and  expect that you do  nothing  in or about  the complex  which will interfere  with  the rights, comfort, or convenience of other  residents.  Loud music and I or bass vibrations or loud sounds of any kind are prohibited so as to allow for comfortable accommodation of all tenants. Complaints from neighbors will be followed with one, and only one, warning before the offender’s deposit is forfeited and eviction notice follows at the full discretion of Landlord.

 5.13  ACTIONS

Use of or threat to use a deadly weapon,  assault,  threat  to do bodily  harm,  or any arson-related offense will be grounds for immediate eviction and involvement of local law enforcement. A display of firearms in or around your apartment or the complex is strictly prohibited.

 5.14  MAINTENANCE REQUESTS & EMERGENCIES

Maintenance issue are often less serious when they are dealt with promptly. We urge you to notify the Landlord as soon as possible when you have any maintenance items, especially anything involving water leaks, or possible damage to people or premises. Maintenance requests can be made by e-mail.  If you have a maintenance emergency (e.g., no heat, burst pipes, etc.), please call management at any time. If General Management is not available then call On Site management. Calling at NON OFFICE HOURS COULD BE CONSIDERED A NUISANCE. If your maintenance issue is not an emergency, please confine your requests to daytime hours.  In general, the upkeep of the Premises is your responsibility, while repairs to the apartment building are the responsibility of the Landlord.  If repairs are due  to normal  wear and  tear, there will be no charge to you. However, if repairs are needed as a result of your conduct, or that of your guests or invitees, you will be charged for all labor and materials necessary and you will be expected  to pay for those charges within 20 days unless other arrangements have been made with the Landlord.

 5.15  EXTERMINATING

Please call immediately if you notice any pests (bugs, spiders, ants etc). There will be no charge for extermination service unless the pests are present as a result of your conduct. If your neighbors have pests, the Landlord may need to also exterminate your apartment unit as a preventative measure.

5.16  GARBAGE REMOVAL

For your convenience, trash receptacles are located on Premises. Place all trash in plastic bags or other secure containers and place inside the designated trash receptacles.  Cardboard boxes must be broken down (flat) and placed in designated receptacle separate from the regular dumpster. Do not set garbage outside you door and allow to leak on cement.

 5.17  SNOW REMOVAL

During the winter months, snow will be plowed in the parking lot. All Tenants who own motor vehicles must cooperate  with this effort, and are expected to move their vehicles when snow removal equipment arrives as requested  by Landlord/management.

5.18  PARKING & VEHICLES

Ample parking is provided for each apartment and is available to Tenants with Campus Park Parking stickers.  Overnight visitors/guests must acquire a temporary parking pass so as to avoid towing.  You may park only in designated parking  areas,  as other areas are reserved to provide adequate  fire lanes, handicapped convenience, or to facilitate trash removal. Vehicles parked in restricted areas may be towed at owner's expense. Some additional parking lot regulations are as follows:

• All vehicles must display valid Campus Park Sticker.

• All vehicles must be operable and be properly licensed or shall be removed at the owner's expense.

• Washing vehicles is not permitted within the complex. Mechanical work, oil changes, and all other repair work is strictly prohibited.

• Trailers, campers, boats, and other recreational vehicles may not be stored in parking lot without the prior written approval.

• Motorcycles, motorized scooters, minibikes, must be parked in designated areas only.

• Bicycles are not to be ridden on the sidewalks or lawn and must be parked in bike rack(s) when not in use.

• For safety reasons, bicycles, big wheels, and the like are not to be ridden in the parking lot, except when going to or from the Premises to an area outside the complex.

5.19  EXTERIOR PROPERTY

Plants and landscaped areas  are a vital and  valuable  part of the complex. You are liable for damages, if you or any of your family, visitors, or guests mutilate, deface, or otherwise cause damage to the landscaping. The landscaping of all buildings should  be kept clear of personal  property other than bicycles. No signs, advertisements, notices, or other lettering  may be exhibited, inscribed, painted, or affixed by you on any part of the outside or inside of your apartment or the apartment building. No awnings or other projections may be attached  to or protrude beyond the outside walls of any buildings unless placed there by Landlord. No radio or television aerials or wires, and no satellite dishes, may be erected  in or about or attached  to any part of the Premises or the apartment building absent  the Landlord's prior  written  consent. Tenant shall  not allow anything whatsoever to fall from the windows, doors, or balconies of your apartment, nor should  you sweep or throw from your apartment any dirt or other substance into corridors, halls, ventilators, or elsewhere in the apartment building. No clothing, rugs, or other items may be hung  on or over patio fences or balcony railings. No swing sets or clotheslines  may be erected  or installed. Wading pools or temporary pools may be utilized  only when they are promptly  drained  and stored  after each use. No wading  pool or temporary pool may be left unattended for any period  of time. Expenses incurred by the Landlord  as a result of mistreatment of the Premises or common areas through neglect or willful abuse by you or any of your family, visitors, or guests will be payable by you upon Landlord's demand.

5.20  COMMON AREAS

A parent or a responsible adult must supervise children in common areas of the complex. Supervision requires that the parent or responsible adult be physically and mentally present at ALL times. Parents shall be responsible for safety of children and any willful damage to common areas caused by their children or other family members, visitors, or guests. Parents are responsible for the conduct of their children, their guests' children, and their children's  friends. Please do not allow children  to leave bicycles, tricycles, skates, skateboards, or toys in hallways or on sidewalks, stairways, or other common areas.

5.21  LAUNDRY

Coin-operated laundry facilities will be available to Tenants. The Landlord  is not responsible for any loss or damage or theft caused  by or within use of any such facility. The Landlord  reserves the right to prohibit  the use of any laundry facilities to any person who fails to comply with normal precautions and/or posted policies.

 5.22  DECORATIONS

Decorating  walls in the Premises  may be accomplished  through the use of wall hangings, artwork and pictures etc  Screws in walls are provided for wall hangings. Tenant may not use glue, tape, putty, or any other "sticky" substance to hang decorations as such substances will severely damage the walls when removed. 

Painting, wallpapering, and the use of contact paper and similar substances  are not permitted at any time. Puncture or damage to walls of any kind will be charged at a minimum of $25 per alteration.

 5.23 PERIODIC INSPECTIONS

Periodic inspection  of your  apartment is necessary  to ensure  an  adequate preventative maintenance program, as  well as decent,  safe, and sanitary  housing  in general. Inspection  of the complex and  each apartment may also be necessary  by insurance agents, appraisers, loan officers, or potential  buyers  in  the general  course  of business.  You have authorized the entry  into the Premises, with reasonable notice if possible, for the purpose of inspection  and  maintenance by signing  your  Apartment Lease Agreement.  Please refer to your  Apartment Lease Agreement  for specific provisions pertaining to such inspections and access.

6. Lease Acceptance

6.1   ENTIRE AGREEMENT

This Lease, including the attached "Apartment Handbook” constitutes the entire agreement between Landlord and Tenant with respect to the subject matter thereof, all prior negotiations, understandings, representations, warranties, and agreements being merged  therein.  This Lease may only be amended by a written instrument signed by Landlord and Tenant.

6.2    ACCEPTANCE OF  LEASE

This is a legally binding document. By typing your name, you are consenting to use electronic means to (i) sign this contract (ii) accept lease agreement  and addenda. You will receive a printed  contract for your records.