Pco70-10-11 - Post-Closing Occupancy Agreement

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The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
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(PCO70-10-11) (Mandatory 1-12)
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THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
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OTHER COUNSEL BEFORE SIGNING.
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POST-CLOSING OCCUPANCY AGREEMENT
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(Seller Rent-Back Agreement)
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Note: This form is to be used only for short-term residential occupancy for a term not to exceed 30 days. A residential lease
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shall be used for a term longer than 30 days.
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1.
This Post-Closing Occupancy Agreement (Agreement) is entered into between
(Seller),
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and
(Buyer), relating to the occupancy of the following legally described real estate in the
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County of
, Colorado:
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known as No.
CO
(Property).
Street Address
City
State
Zip
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Buyer and Seller entered into that certain Contract to Buy and Sell Real Estate dated __________________, and any
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amendments (Contract). All terms of the Contract are incorporated herein by reference. In the event of any conflict between
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this Agreement and the Contract, this Agreement shall control, subject to subsequent amendments to the Contract or this
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Agreement.
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3.
Seller shall retain possession of the Property from date of Closing to ________ days subsequent to Closing as set forth in
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the Contract (Term).
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4.
During the Term of this Agreement, Seller shall, at Seller's sole expense, keep the improvements and any personal
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property on the Property and owned by Buyer in the same condition and repair, normal wear and tear excepted, as of Closing,
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except as set forth in § 5. Unless such services are provided by a third party (e.g., homeowner’s association), Seller also shall
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maintain the landscaping and mow the lawn as previously maintained. Seller shall provide timely notice to Buyer of any
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improvement requiring maintenance or repair.
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5.
Buyer shall, at Buyer’s sole expense, maintain and repair the heating and cooling systems including ventilation and ducts,
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plumbing, electrical wiring, roof and structural components of the Property and all appliances in the Property owned by Buyer,
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and the lawn sprinkler system, if any. Seller shall be responsible for any misuse, waste, neglect or damage to the Property or
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personal property on the Property caused by Seller or Seller’s family or visitors.
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6.
Upon reasonable prior notice to Seller, Buyer shall have access to the Property at all reasonable times and Buyer, or
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Buyer’s designee, may enter the Property without interference or disturbing Seller’s possession of the Property. Buyer shall
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have the right, but not the obligation, to restore the Property and any items of personal property owned by Buyer to the same
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condition of repair and cleanliness as existed at the date of this Agreement, or Closing, whichever shall be later, and, in such
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event, Seller shall pay Buyer, in addition to the rent, the costs of such repair or replacement.
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7.
Rent shall be at the rate of $____________ per day for the Term of the occupancy, payable in advance at Closing and
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delivery of deed. Should Seller vacate earlier, the unearned rent
Shall
Shall Not be refunded to Seller.
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8.
Should Seller not timely surrender possession of the Property to Buyer, Seller shall be subject to eviction and shall be
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additionally liable to Buyer for payment of $____________ per day from and after the Term, until possession is delivered to
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Buyer.
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9.
Water and sewer charges incurred during Seller’s occupancy shall be paid by
Seller
Buyer.
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10. Electric and gas service incurred during Seller’s occupancy shall be paid by
Seller
Buyer. Arrangements for the
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final reading and payments for said utilities and services shall be made by both parties.
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PCO70-10-11. POST-CLOSING OCCUPANCY AGREEMENT
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