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HomeMy WebLinkAboutC88-059 Mountain States Telephone and TelegraphECG CODE LEASE ID LEASE AGREEMENT BETWEEN OFFICE OF THE SHERIFF EAGLE COUNTY COLORADO �m and,, THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY "LANDLORD" INDEX Article 1. Description of Premises Article 2. Lease Term Article 3. Rent and Security Deposit Article 4. Operating Expenses Article 5. Completion of Premises Article 6. Services Furnished by Landlord Article 7. Use Article 8. Quiet Enjoyment Article 9. Assignment and Sublet Article 10. Maintenance, Repairs, and Alterations Article 11. Liens Article 12. Tenant Insurance and Indemnity Article 13. Damage to Property Article 14. Insurance, Casualty and Restoration of the Premises Article 15. Condemnation Article 16. Surrender of Premises Article 17. Default by Tenant Article 18. Early Termination Article 19. Hold Over Article 20. Signs Article 21. Notices Article 22. Miscellaneous Provisions Exhibit A Site Plan and /or Floor Plan Exhibit B Lease Addendum - Acceptance of Premises Exhibit C Cleaning Specifications Exhibit D Rules and Regulations Exhibit E Workletter (2E52h /I GENERIC FORM) 220409 C88 -59 -05 Uri- 041::!) APR Ewalo u ``t Page 1 1 1 2 4 4 5 5 5 5 6 7 7 7 8 8 9 11 11 11 11 12 LEASE AGREEMENT'> : This agreement, made this f, rGt day of Mav 14 between The Mountain States Telephone and Telegraph Companys ' d88 , Y andOw' l�yzv _pFFTCF OF TT-TF' RHF;RTFF FACTF 0 1�TTY COLORADO as Tenant; WITNESSETH: That in consideration of the mutual agreements herein contained the parties hereto do hereby covenant to and with each other as follows: Article 1. Description of Premises 1.1 Landlord does hereby lease to Tenant the following described real property including improvements thereon and appurtenances thereto (including any parking and any common areas) in the City Of Avon County of Eagle State Of Color do described as: A part of the N.E. 1/4 of Section 17, T5S, R81W , 6 PM. The portable building on the _east side of the main building is the lease property, together with the right of ingress /egress. Eagle -Vai 1 commonly known as Lin hg TT S. Hwy. 6 & 24,/ more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. Article 2. Lease Term j"., 2.1 Initial Term. The initial term of this Lease shall commence on -Maw 19 gg_, and shall terminate on - pe mb r '�] , 1988 , unless sooner terminated pursuant to the terms of this Lease. 2.2 Renewal Option. XC[ Applicable o Not Applicable Provided the Tenant is not in default under the terms and conditions of this Lease, it shall have the right to renew this Lease for one additional period of one ( 1) year(s) under the same terms and conditions (excepting the provisions of this paragraph) as stated herein providing Tenant gives Landlord notice in writing of Tenant's intention to exercise this option at leastsixt 60 calendar days prior to the expiration of this lease. Base rent during the renewal term shall be $30.00 per month Article 3. Rent and Security Devosit 3.1 Base Rent. Tenant agrees to pay to Landlord rent for the premises, in advance, without demand, deduction or set off, for the entire term hereof at the rate of Thirty and no /100--------- - - - - -- doilars ($ 30.00 ) per month. One such monthly installment shall be due and payable on the date hereof and a like monthly installment shall be due and payable on or before the first day of each calendar month succeeding the commencement date recited above during the hereby demised term, except that the rental payment for any fractional calendar month -1- t 2 S S 2 A/ 2 G E N E R I C r n aw % at the commencem.r or end of the lease period shall be prorated) ,armed on the actual number of days in that month. Payments post marked after the first day of each month herein sal include a late charge of 5% of the monthly amount then due o � 00„ whichever is less. All rents shall be paid without demand or notice to Landlord or his authorized agent, at the following address: Mountain Bell, C/0 Manager -Real Estate, Room 1550, 1005 17th St., Denver, CO 80202 or at such other places as may be designated by Landlord from time to time. 3.2 Security Deposit, o Applicable )WNot Applicable In addition, Tenant agrees to deposit with Landlord on the date hereof the sum of dollars ($ ), which sum shall be held by Landlord, without interest, as security for the performance of Tenant's obligations under this Lease, it being expressly understood and agreed that such deposit is not an advance rental deposit or a measure of Landlord's damages in case of Tenant's default. Upon the occurrence of any default by Tenant, Landlord may without prejudice to any other remedy use such fund to the extent necessary to make good any arrears payments due Landlord hereunder, and any other liability caused by such default; and Tenant shall pay to Landlord on demand the amount so applied in order to restore the security deposit to its original amount. Any remaining balance of such deposit shall be returned to Tenant at such time after termination of this Lease that all of Tenant's obligations under this Lease have been fulfilled. 3.3 Amounts received simultaneous with the execution hereof are as follows: Rent for the period from .May. 1, 1988, to May 31, 1988 $ 30.00 Security Deposit . . . . . . . . . . . . . . . . . . . . . .$ - - Operating Expenses . . . . . . . . . . . . . . . . . . . . .$ - - Other . . . . . . . . . . . . . . ... . . . . . . . . . . . $ - - TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . $ 30.00 Article 4. Operating Expenses o Applicable XffNot Applicable "Operating Expenses" shall mean all operating expenses of any kind or nature with respect to the Building incurred in connection with the operation of the Building including, but not limited to: 4.1 Janitorial services. 4.2 General maintenance and repair of the Building, including the heating and air conditioning systems and structural components of the Buildings. -2- (2552A/] GENERIC FORM) �$° 4:3 Utilities. Ten . �c shall pay for all Mater, gas; heat, light, power, telephone, sewer, sprinkler charges and other utilities and services used on or from the premises, together with any taxes, k� surcharges or the like pertaining thereto and any maintenance F tg, for utilities and shall furnish all electric light bulbs and t f any such services are not separately metered to Tenant, Tenant s6ll'-'�pay a reasonable proportion as determined by Landlord of all cha , In �?t1 tt metered. Landlord shall in no event be liable for any interrupti�ii �� =v.�.i failure of utility services on the premises. 4.4 Common Area Maintenance. Landlord reserves the right to perform the paving and landscape maintenance, exterior painting and common sewage line plumbing and Tenant shall be liable for its reasonable proportionate share of the expense of the care for the grounds around the building, as may be determined by Landlord in its sole discretion. 4.5 Tax Increase. Landlord agrees to 'pay before they become delinquent all taxes, assessments and governmental charges of any kind and nature whatsoever ( "Taxes ") lawfully assessed against the building. Tenant shall pay its pro -rata share of all Taxes assessed upon the Building and the Land upon which the Building is situated which are in excess of the Taxes assessed for the tax year in which the commencement date of this Lease occurs. Tenant shall pay its pro -rata share of all assessments subsequently made upon the Building and the Land upon which the Building is situated. 4.6 Adjustments to Rent; Pro -Rata Definition. Tenant's pro -rata share is defined as the ratio of the square footage of the Premises to the total rentable square footage of the Building, and is percent subject to increase or decrease due to an increase or decrease in the square footage of the Premises. 4.7 Operating Costs. In addition to Base Rent, Tenant hereby agrees, commencing with the Lease Commencement Date and each year during the Primary Lease Term (and any extension thereof), including the first year, to pay its pro -rata share of Operating Costs. Tenants shall pay an Estimated Operating cost of per month for the first lease year. 4.8 Actual Operating Costs. Within 90 days after the close of each Lease Year during the term hereof, Landlord shall deliver to Tenant a written statement setting forth the Actual Operating Costs during the preceding Lease Year. If such costs for any Lease Year exceed the Estimated Operating Costs paid by Tenant to Landlord for such Lease Year, Tenant shall pay its pro -rata share of such excess within 30 days after receipt of such statement. If the statement shows such costs to be less than the Estimated Operating Costs then Tenant's pro -rata share of the difference shall be paid to Tenant within 30 days following the date of such statement. 4.9 Adjustment for Estimated Operating Costs. Within 90 days after the close of each Lease Year during the term hereof, Landlord shall furnish Tenant a written statement setting forth the Estimated Operating Costs for such Lease Year, and a statement showing one twelfth (1/12) of the -3- (2852hlA GENERIC FORM) amount, by whic r -the Estimated Operating Cos .' exceed the Actual Operating Costs for the Base Year. Tenant shall pay its pro -rata share of such increase monthly. Article S. Completion of Premises Applicable &Not Applicable 5.1 Work Letter. The premises will be substantially complete-,.- .in.-- accordance .. with the work letter, Exhibit E attached. Article 6. Services Furnished by Landlord A P R, e 6.1 Landlord, without charge, except as provided in Article kr!h;trJ$fi -L`- nit accordance with Landlord's reasonable prudent judgment agrees: A. To provide adequate facilities for all hot and cold water, electricity, gas, and sanitary and storm sewer for the leased premises. B. To furnish to public areas of the building heated or cooled air as applicable, electrical current, janitorial services and maintenance to the extent Landlord reasonably deems necessary; C. Furnish during ordinary business hours (7:00 A.M. to 6:00 P.M., Monday through Friday) such heated or cooled air to the premises as may be reasonably required for the comfortable use and occupancy of the premises, and, with respect to cooled air, provided it is used only for standard office use; D. To provide janitorial services in accordance with those cleaning specifications set forth on Exhibit "C" attached hereto. 6.2. The Tenant agrees that Landlord shall not be liable for failure to supply any such heating, air conditioning, electrical, janitorial, lighting or other services during any period When Landlord uses reasonable diligence to supply these services, it being understood that Landlord may discontinue, reduce or curtail such services at such times as it may be necessary by reason of accident, repairs, alterations, improvements, strikes, riots, acts of God, application of laws or rules, or due to any other happening beyond the reasonable control of Landlord. In the event of any such interruption, reduction or discontinuance, Landlord shall not be liable for damages to person or property as a result thereof, nor shall the occurrence of any such event in any way be construed as an eviction of Tenant, or cause or permit an abatement or reduction or setoff of rent, unless such interruption, reduction or discontinuance renders the premises untenantable and continues for a period of ten (10) consecutive days after Landlord receives notice from Tenant, in which event Tenant's rental obligations shall abate until such time as the premises are rendered tenantable; provided, however, that if the interruption, reduction or discontinuance is a result of any misconduct or negligent acts on the part of Tenant or due to Tenant's failure to comply with the provisions hereof, Tenant's rent shall not abate. 6.3 Tenant agrees to promptly notify the Landlord of any accidents or defects in the premises of which Tenant becomes aware, including defects in pipes, electrical wiring and HVAC equipment. -4- ( 28S2n/S GENERIC FORM) Article 7. Use ' s p P oi'�eu 7.1 Use. The remises are to be used for the operation of g eneral Al D Z) and for no other pur without prior written consent of Landlord. Tenant shall,'p nant's , in .:r ex expense, comply with all laws rules regulations, re uiremen TT& ordinances enacted or imposed by any governmental unit having jurisdiction over the Building, Premises, Landlord or Tenant. 7.2 Uses Prohibited. Tenant shall not use any portion of the premises for purposes other than those specified hereinabove, and no use shall be made or permitted to be made upon, the premises, nor acts done, which will increase or cause cancellation of existing insurance upon the property. Tenant shall not permit any sale by auction on the premises, nor bring or allow the placement of any hazardous chemical or explosives upon the property. 7.3 Building Rules and Regulations. Tenant shall obey all rules and regulations of the building as imposed by Landlord and set forth in Exhibit "D" and incorporated as a part of this Lease. Landlord shall have the right to make changes or additions to such rules and regulations provided such changes or additions, except those affecting the safety and operation of the Building or Premises, do not unreasonably affect Tenant's use of the premises. Article 8. Quiet E- oyment 8.1 Quiet Enjoyment. Upon payment by the Tenant of the rents herein provided, and upon the observance and performance of all the covenants, terms and conditions on Tenant's part to be observed and performed, Tenant shall peaceable and quietly hold and enjoy the leased premises for the term hereby demised without hindrance or interruption by Landlord, subject, nevertheless, to the terms and conditions of this lease. Article 9. Assignment and Sublet 9.1 Assignment and Subletting. Tenant shall not assign this lease or sublet any portion of the premises without the express written consent of the Landlord. Any such assignment or subletting without consent shall be void and, at the option of the Landlord, may terminate this lease. Article 10. Maintenance, Repairs, and Alterations 10.1 Tenant agrees to maintain in a neat, clean and sanitary condition and keep in good repair the interior of the leased premises. Such maintenance and repair shall be at the sole cost of Tenant and shall include, but not be limited to, the maintenance and repair of floor coverings, ceilings, walls, front and rear doors, and all glass on the leased premises. If Tenant fails to maintain or keep the leased premises in good repair and such failure continues for five (5) days after written notice from Landlord, Landlord may perform any such required maintenance and repairs and the cost thereof shall be assessed MIM (28SZh/6 GENERIC FORM) as additional r,'payable by Tenant within ten r0) days of receipt of an invoice from Landlord. 10.2 Tenant agrees to permit Landlord at any time after reas b.le .no.tic,e (except in the case of an emergency) to enter the premise�![�. . the same and to perform such cleaning, maintenance, janitorial serv'ces, repairs, additions or alterations as Landlord may deem nesan proper for the safety, y im rovement or preservation of the premises or of other portions of the building. Any such re -enter at'ns constitute an eviction or entitle Tenant to an abatement of rent. Further, Landlord shall at all times have the right to make alterations or changes in other portions of the building as Landlord may, from time to time, deem necessary and desirable so long as such alterations and changes do not unreasonably interfere with Tenant's use and occupancy of the premises. 10.3 Landlord shall maintain in good order, condition and repair all other portions of the building not the obligation of Tenant or any other tenant in the building. 10.4 Tenant agrees not to make any alterations in or additions to the premises, including installation of any equipment or machinery which requires modification to an existing electrical outlet without in each instance first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld. All alterations which Tenant is permitted to make shall be performed in a good and workmanlike manner using good materials and equipment. All repairs, maintenance and alterations permitted by Landlord shall be done at Tenant's expense by contractors authorized by Landlord. Further, Landlord shall have the right to post notices in the premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. Alterations, repairs and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay or impose any additional expense upon Landlord in the maintenance or operation of the building. 10.5 Except as otherwise set forth in the Lease, Landlord shall have no obligation for the repair or replacement of any portion of the interior of the premises which is damaged or wears out during the term hereof regardless of the cause therefore, including, but not limited to, carpeting, drapes, window coverings, wall coverings, painting or any of Tenant's property or betterments in the premises. Article 11. Liens 11.1 Mechanics' Liens. Tenant shall not cause liens of any kind to be filed or placed against the Premises or the Building. If any liens are filed, with or without Tenant's knowledge, and such liens are the result of any act or directive of Tenant, its agents or employees, Tenant shall immediately, at Tenant's sole cost and expense, take whatever action necessary to cause such lien to be satisfied and discharged. Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including (2E52h/7 GENERIC FORM) r, Q`' attorney's fees, on account of any claims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished to Tenant or persons claiming under Tenant. Article 12. Tenant Insurance and Indemnity 12.1 Tenant shall obtain and maintain throughout the term of the Lease a comprehen- sive genera liability policy, including protection against death, personal injury and property damage, issued by an insurance company qualified to do business in the state where the Premises are located, or a qualified Colorado governmental insurance pool, with a single limit of not less than Four Hundred Thousand Dollars ($400,000.00). All such policies shall name Landlord as an additional insured. Each such policy shall provide that it may not be cancelled or modified without at least twenty (20) days prior written notice to Landlord. Tenant shall deliver, from time to time, certificates evidencing that such insurance is in force and effect. Article 13. Damage to Property 13.1 Tenant shall neither hold nor attempt to hold Landlord liable for any injury or damage, either proximate or remote, caused by fire, water, steam, or any repairs, alterations, injury, accident, or any other cause to the premises or to any furniture, fixtures, Tenant's improvements or other personal property of Tenant kept or stored in the premises, or in other parts of the building not herein demised, whether by reason of negligence or default of the owners or occupants thereof, or any other person or otherwise, and all property of Tenant kept or stored in the building or the premises shall be at the sole risk of Tenant. Tenant shall obtain and maintain throughout the term of this Lease "all risk" property insurance on and for the full cost of replacement of all Tenant's property and betterments in the premises, including, without limitation, all furniture, fixtures and personal property. Article 14. Insurance, Casualty and Restoration of the Premises 14.1 Landlord shall maintain "all- risk" property insurance with replacement cost coverage on the shell and core of the building and the common areas in the building, all in such amounts, from such companies, and on such terms and conditions (including a deductible) as Landlord deems appropriate, form time to time. 14.2 If the leased premises or the building are destroyed or damaged by fire, earthquake or other casualty to the extent that they are untenantable in whole or in part, then Landlord may, at Landlord's option, proceed with -7- reasonable dili nce to rebuild and restore the eased premises, or such part thereof as may be destroyed or damaged, provided that tw�-thi -n -sixty,r (60) days after such damage or destruction Landlord shall, Vi,r irri>g„3 notify Tenant of Landlord's intention to do so, and during thF erigd of such rebuilding and restoration, the rent shall be abated Alr hi ratio as the square footage in the portion of the le sed remises rendered untenantable shall bear to the total square f dt -Q- 0!Wbt 6 ant leased premises. If Landlord shall reasonably determine that such destruction or damage cannot be repaired within one hundred eighty (180) days, it shall so notify Tenant within sixty (60) days. In such event, either Landlord or Tenant may within twenty (20) days after such notice, terminate this Lease. If neither party terminates this Lease during that twenty (20) day period, this Lease shall remain in effect and Landlord shall diligently proceed to repair or reconstruct the leased premises and rent shall abate as set forth above. 14.3 Landlord and Tenant hereby waive any and all rights of recovery against the other, their officers, agents, and employees occurring out of the use and occupancy of the premises for loss or damage to their respective real or personal property. Each of the parties shall, upon obtaining the policies of insurance required by this Lease, notify the insurance carrier that the foregoing waiver is contained in this Lease and shall require such carrier to include an appropriate waiver of subrogation provision in the policies. Article 15. Condemnation 15.1 Condemnation. If any part of the premises shall be taken or condemned for public use, and a part thereof remains which is susceptible of occupation hereunder, this lease shall, as to the part taken, terminate as of the date the condemnor acquires possession, and thereafter Tenant shall be required to pay such proportion of the rent for the remaining term as the value of the premises remaining bears to the total value of the premises at the date of condemnation; provided however, that Landlord may, at his option, terminate this Lease as of the date the condemnor acquires possession. In the event that the demised premises are condemned in whole, or that such portion is condemned that the remainder is not susceptible for use hereunder, this lease shall terminate upon the date upon which the condemnor acquires possession. All sums which may be payable on account of any condemnation shall belong to the Landlord, and Tenant shall not be entitled to any part thereof, provided however, that Tenant shall be entitled to retain any amount awarded to him for his trade fixtures or moving expenses. Article 16. Surrender of Premises 16.1 Surrender and Notice. Upon the expiration or other termination of the term of this Lease, Tenant shall promptly quit and surrender to Landlord the Premises broom clean, in good order and condition, ordinary wear and tear and loss by fire or other casualty excepted, and Tenant shall remove all of its movable furniture and other effects and such Alterations as Landlord shall require Tenant to remove pursuant to Article 10 hereof. In the event Tenant fails to vacate the Premises on a timely basis as required, Tenant shall be responsible to Landlord for all costs incurred by Landlord as a result of such failure, including, but not limited to, any amounts required to be paid to third parties who were to have occupied the Premises. -8- <2t52h/9 GENERIC FORM) 16.2 Trade Fixtures . ` °Any and all the term hereof shall belong the Tenant. Tenant may, upon fixtures, but shall repair or to the premises occasioned by improvements made O' premises during to the Landlord, except trade fixtures of termination hereof, remove all his trade pay for all repairs necessary for damages removal. 16.3 Locks. No additional lock or locks shall be placed by Te o and° door in the Building, unless written consent of Landlord shall fiist have been obtained. At the termination of this tenancy, Tes promptly return to Landlord all keys to offices, toilet rooms, au Article 17. Default by Tenant 17.1 Each one of the following events shall be an "Event of Default ": A. Any failure by Tenant to pay the rent or any other monetary sums due hereunder on the date such sums are due which continues for more than five (5) days after written notice to Tenant; B. Tenant shall permanently abandon the premises, which shall be defined for purposes of this Lease to be vacating the premises for more than thirty (30) consecutive days; C. The assignment, transfer, mortgaging or encumbering of this Lease or the subletting of the premises without obtaining Landlord's prior written consent, except as authorized in paragraph 9.1; D. Any voluntary or involuntary petition or similar pleading under any section(s) of any bankruptcy act filed by or against Tenant; or any proceeding in any court instituted to declare Tenant insolvent or unable to pay Tenant's debts, which has not been dismissed within sixty (60) days from the date of filing. E. If Tenant shall fail to perform any of the other agreements, terms, covenants, or conditions hereof on Tenant's part that are to be performed and such nonperformance shall continue for a period of thirty (30) days after written notice thereof by Landlord to Tenant, or if such performance cannot be reasonably had within such thirty (30) day period, Tenant shall not in good faith have commenced its performance within the thirty (30) day period and shall not diligently proceed therefore with the completion. 17.2 Remedies of Landlord If any one or more Event of Default should occur, Landlord shall have the right at Landlord's election, then or at any time thereafter, either: 1. (a) Without demand or notice, to reenter and take possession of the premises and expel Tenant without being deemed guilty of any manner of trespass and without prejudice to any remedies hereunder. Should Landlord elect to reenter, Landlord may, from time to time, without terminating this Lease, relet the premises or any part thereof, for such term and on such conditions as Landlord, in its sole business judgment, may determine and Landlord may collect the rents therefor. Landlord shall use reasonable efforts (2852hi10 GENERIC IGRMI to -') e the premises after all over space available for leasing in the building has been let, but Landlord shall not have any duty to lease the premises b�rttle =hen + current market rental rate for comparable buildings and shall in no way be liable for any failure tR 4 premises, or to collect any rent due upon such reletting. No such reentry by Landlord shall be co election on Landlord's part to terminate thisl�i a 0imless r° � a written notice of such intention be given to Tenant, which notice may be given at any time. (b) If Landlord elects to take possession of the premises without terminating the Lease, Tenant shall pay to Landlord (i) the rent and other sums as herein provided, which would be payable hereunder if such repossession had not occurred, less (ii) the net proceeds, if any, of any reletting of the premises after deducting all of Landlord's expenses incurred in connection with such reletting. Tenant shall pay such amounts to Landlord monthly on the days on which the rent and all other amounts owing hereunder would have been payable if possession had not been retaken; or 2. To give Tenant written notice of intention to terminate this Lease, and, on the date specified in such notice, Tenant's right to possession of the premises shall cease and the Lease shall be terminated, except as to Tenant's liability hereunder. In the event this Lease is terminated, Tenant shall remain liable to Landlord for damages in an amount equal to the rent and other sums which would have been owing by Tenant hereunder for the balance of the term had this Lease not been terminated less the net proceeds, if any, of any reletting of the premises by Landlord subsequent to such termination, after deducting all Landlord's expenses in connection with such reletting. Landlord shall be entitled to collect such damages from Tenant monthly on the days on which the rent and other amounts would have been payable hereunder if this Lease had not been terminated. Alternatively, at Landlord's option, Landlord shall be entitled to recover from Tenant an amount equal to the worth at the time of termination of the excess, if any, of the amount of rent reserved in this Lease for the balance of the term hereof over the then Reasonable Rental Value of the premises for the same period plus all amounts incurred by Landlord in order to obtain possession of the premises and relet the same, including attorneys' fees, reletting expenses, alterations and repair costs, brokerage commissions and all other like amounts. It is agreed that the "Reasonable Rental Value" shall be the amount of rental which Landlord can obtain as rent for the remaining balance of the term. 17.3 Cumulative Remedies. Suit(s) for the recovery of the rents and other damages set forth herein may be brought by .Landlord, from time to time, at Landlord's election, and nothing herein shall be deemed to require Landlord to await the date this Lease would have expired. Each right and remedy provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity, -10- (28S2hZI1 GENERIC FORM) 11.4 No Waiver. No fa`_ lure of Landlord or Tenant to insist upon the strict performance of any term or condition hereof or to exercise any remedy for a breach thereof and no acceptance of full or partial rent during any such breach shall constitute a waiver of any breach or of such term or condition. No term or condition hereof to be performed by Tenant or Landlord and no breach thereof shall be waived or wodified cept, by �__ written instrument executed by the waiving party.; Article 18. Early Termination a Applicable a Not Applicable AFIR " 18.1 Early Termination. Landlord shall have the right to to ' • tt }s agreement at any time during the term hereof upon the determination of the following: In the event Landlord's equipment forecasters or planning group identify that the floor space occupied by any Tenant is required for Landlord's regulated customer growth during Tenant's occupancy hereof. Landlord shall provide at least three (3) months prior notice to Tenant of such occurrence and the date of termination. Article 19. Hold Over 19.1 Holding Over. Should tenant hold over after the expiration or termination of this lease, Tenant shall become a tenant from month to month and the parties hereto shall abide by each of the provisions herein as may be applicable to such month -to -month tenancy. Any such holdover shall not constitute an extension of this Lease. Unless prior permission is granted by Landlord, during such holding over Tenant shall pay rental at 200% of the monthly rate in effect immediately prior to such expiration or termination. Such tenancy shall continue until terminated by Landlord or Tenant sending notice of termination to the other party at least one (1) month prior to the date of termination of the month -to -month tenancy. Article 20. Signs 20.1 Signs. Tenant shall have the right to install signs and symbols upon the premises only when first approved in writing by Landlord and subject to any applicable governmental requirements. Tenant shall remove all such signs upon the termination of this Lease. Such installations and removals shall be made in such manner as to avoid injury or defacement of the building and other improvements, and Tenant shall repair any injury or defacement, including without limitation discoloration, caused by such installation or removal. Any signage shall be submitted to Mountain Bell for approval on a scaled drawing which identifies both location and method of attachment. Article 21. Notices 21.1 Notices. Any notice which either party may or is required to give, shall be in writing and shall be deemed duly served when delivered personally or 3 days after deposit in the U.S. Mail, Postage Prepaid, Certified or registered addressed to Landlord and Tenant at the addresses shown below, or at such other places as may be designated by the parties from time to time: Mountain Bell Manager -Real Estate 1005 17th Street, Room 1550 Denver, Colorado 80202 -1 1 - Tenant P.O. Box 359 Article 22. Miscellany 's Provisions , 22.1 Time is of the essence hereof. 22.2 Attorneys' Fees. In any action brought pursuant to theErms end provisions of this Lease, the prevailing party in such action shall be entitled to recover from the other party its reasonable attornel fe y 22.3 Severability. If any clause or provision of this Leasellal ## invalid or unenforceable under present or future laws effective during the term of this Lease, then, and in such event, it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby, and it is also the intention of the parties of this Lease that in lieu of each clause or provision of this Lease that is illegal, invalid or unenforceable that there be added as a part of this Lease a clause or provision similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible which would be legal, valid and enforceable. 22.4 Applicable Law. This Agreement shall be construed according to the laws of the State of Colorado , 22.5 Acceptance. Tenant agrees to accept the premises in its current as -is condition, except as expressly provided in Exhibit B hereto (Acceptance of Condition of Lease Premises). Taking possession of the premises or any portion thereof by Tenant shall be conclusive evidence that such premises was in the condition agreed upon between Tenant and Landlord. 22.6 Joint and Several Liability. If there are more than one entity or person which or who are the Tenant under this Lease, the obligations imposed upon Tenant under this Lease shall be joint and several. 22.7 Broker's Indemnification. As part of the consideration for the granting of this Lease, the Tenant represents and warrants to the Landlord that no broker or agent negotiated or was instrumental in negotiating or consummating this Lease except the broker of record, and Tenant agrees to indemnify Landlord against any other loss, expense or cost, or liability, incurred by Landlord as a result of a claim by any broker or finder claiming through Tenant. 22.8 Authority. Tenant and the party executing this Lease on behalf of Tenant represent to Landlord that such party is authorized to do so by requisite action of the board of directors or partners, as the case may be, and agree upon request to deliver to Landlord a resolution or similar document to that effect. 22.9 Furnishings. o Applicable Xb Not Applicable Landlord agrees to provide the furnishings as detailed on and at costs set forth on Exhibit "F" attached hereto and made a part hereof. Rental costs as described in Exhibit "F" shall be due monthly per Article 3. Tenant shall be responsible for having the furniture fully insured for not less than its replacement value during the term of this Lease and any hold over term. -12- (2852h/I3 GENERIC FORM) J o 22.10 Additional Provi ;ns. a 22.11 Entire Agreement. This Lease and all exhibits set forth all the covenants, promises, agreements, conditions and understanding between the Landlord and Tenant concerning the premises, and there are no covenants, promises, agreements, conditions or understanding, either oral or written, between them other than as set forth herein. 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. IN WITNESS WHEREOF, the parties hereunto set their hand and seals as of the day and year first above written. r C._ ,BOARD OF COUNTY COMMISSIONERS tee% .� J v 1. 11 . LAIVDL_0kD . THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY BY: 'N�� I TITLE: MANAGER —REAL ESTATE TENANT )Ss. COUNTY OF TENANT The foregoing statement was acknowledged before me this of 19 S', by .� -13- (2E5Ih/14 GENERIC FORM) eks