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Home My WebLink AboutC88-097 Nondisturbance Agreement with National Guardt.- �� `` -iC• -- �. -�� Dz'1-Az T.'1EH OF .! i!-t i -('; -ti t-� `t_i�..�Ci: 1--0 2 -'y � C88 -97 -17 NONDISTURBANCE AGREEMENT THIS AGREEMENT is made this Yday of August, 1988, between the County of Eagle, State of*Co!orado, a body politic and corporate acting by and through its Board of County Commissioners ( "Prime Lessor ") and the Colorado Department of Military Affairs for the use and benefit of the Colorado National Guard Division ( "Sublessee ") WITNESSETH I WHEREAS, Prime Lessor is the owner of the premises located between the towns of Eagle and Gypsum in the County of Eagle, State of Colorado, which premises are subject to a certain Lease (hereinafter "Prime Lease ") dated September 24, 1986 made to Mountain Flying Se ^ ✓iG�;s, Inc., a Colorado corporation ("MFS ") as Lessee; and WHEREAS, The Prime Lease has been assigned by MFS to Vail Beaver Creek Jet Center, Inc., a Delaware corporation ( "Sublessor "); and WHEREAS, Sublessor as lessor and Sublessee as lessee, are about to enter into a sublease of part of said premises, a copy of which is attached hereto as Exhibit A ( "Sublease "); and the parties hereto desire to' assure Sublessee's possession of the premises to be sublet under the said sublease upon the terms and conditions therein mentioned, irrespective of a termination of the Prime Lease; NOV,!, THEREFORE, in consideration, of the covenants hereinafter set forth, the parties hereto hereby covenant and agree as follows: 1. Prime Lessor consents to the execution and delivery of the sublease in the form attached as Exhibit A. 2. (A) If the current term of the Prime Lease, or any renewal thereof, shall terminate before the expiration of the term of the Sublease, including any renewal term of the Sublease, as the Sublease may be renewed'in accordance with the terms thereof for any reason' other than condemnation, fire or other damage, the Sublease, if then in existence, i. _ _.Ge = iiE T l� I L i TNR ' AFF r ? L'`; ��s n- - r shall continue as a lease between Prime Lessor as lessor, and Sublessee, as lessee, with the same force and effect as if Prime Lessor, as lessor, and Sublessee, as lessee, had entered into a -lease as of the date of the tel of the Prime Lease, containing the same terms, covenants and conditions as those contained-in the Sublease; including the rights of renewal thereof, for a term equal, to the unexpired term of the Sublease; provided, however, that no additional rentals shall be due from Sublessee. _ (6) The rights under the paragraph 2 shall inure to the beneT,t of only the Sublessee herein named and shall not pass to any assignee of the Sublease or any other party, other- than assignees designated in the Sublease. From and after such termination of the Prime Lease: attornme; ,t. (A) Subiessee vviii Gttorn to Prime Lessor, and Prime Lessor w Il accept s ;ci (B) Prime Lessor will have the same remedies by entry, action or otherwise or the nonperformance of any agreement contained in the Sublease for the commission of any waste or for any cause of forfeiture which Sublessor had or would have had if the Prime Lease had not been terminated. (C) From and after the time of such. attornment, Sublessee shall have* the same remedies against Prime Lessor for the breach of an agreement . contained in the Sublease as Sublessee might have had against Sublessor if the Prime Lease had not been terminated, except that Prime Lessor shall not be @ liable for any act or omission of Sublessor or (ii) subject to any offsets or defenses which Sublessee might have against Sublessor. de- re-kc () iI) 4. Any notice to be given hereunder shall be deemed given when mailed in a properly addressed envelope, postaga prepaid by United States certified mail, return receipt requested. Notices and communications to Prime Lessor and Sublessee shall be properly addressed as follows: :'! r I1iL 1 TAR"I" HFFH:rS )_Cry' EF•' CO r'=- F04 nr. • y If to Prime Lessor: The Board of County Commissioners County of Eagle, State of Colorado P.O. Box 850 Eagle, Colorado 81631 Attn: County Attorney If to Sublessee: The Adjutant General - Department of Military Affairs 300 Logan Street Denver, Colorado 80203 -4072 IN WITNESS WHEREOF, the parties hereto have duly executed this ' agreement the day and year first above written. County of Eagia, State of Colorado h;' and thror_rgh its Board of County Cotirnissionsrs The Colorado Departrne cf Milit ..r; By Al: By Gc B' Attorney General State of Colorado The undersigned hereby consents to the execution and delivery of the foregoing instrument and agrees that neither the execution of the same nor anything done pursuant to the provisions thereof shall be deemed or taken to modify the Prime Lease therein referred to: Dated: Attest If to Prime Lessor: The Board of County Commissioners County of Eagle, State of Colorado P.O. Box 850 Eagle, Colorado 81631 Attn: County Attorney If to Sublessee: The Adjutant General Department of Military Affairs 300 Logan Street Denver, Colorado 80203 -4072 IN WITNESS WHEREOF, the parties hereto have duly executed this agreement the day and year first above written. County of Eagle, State of Colorado by and through its Board of County Commissioners ThtColorado Departm of air By Governor State of Colorado WOO-011 nn WO General'Lega1 Servfcesy�;�� The undersigned hereby consents to the execution and delivery of the foregoing instrument and agrees that neither the execution of the same nor anything done pursuantto the provisions thereof shall be deemed or taken to modify the Prime Lease therein referred to: Dated: Vail Be er re�kAt Center, Inc. Attest -3-