HomeMy WebLinkAboutC01-227 Lease with Moon Beam dba Travel Vaila s
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LEASE
THIS LEASE is made and entered into this=- �-ttay of k_) c , 2001, between
Eagle County, by and through its Board of County Commissioners , reinafter referred to as
"Landlord ")and Moon Beam, LLC, d/b /a Travel Vail, (hereinafter referred to as "Tenant ").
WITNESSETH:
WHEREAS, by this lease made and effective the 1" day of August, 2001, Tenant hereby
leases certain Premises, hereinafter referred to as "Lease Premises ", a portion of Condominium
Space 107, as fully described in Article I, Leased Premises, for a term of one year, ending June 26,
2002, unless sooner terminated or extended as provided herein; and
NOW, THEREFORE, Landlord and Tenant hereby agree as follows:
ARTICLE I
Leased Premises
Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, the "Leased
Premises ", described as approximately 500 square feet on the southwest corner of Condominium
107, first floor of the Avon Commercial Center Building ( "Avon Center "), located at 100 West
Beaver Creek Boulevard, Avon, Colorado, and more fully depicted on the attached floor plan labeled
as Exhibit "A" and incorporated herein. Such Leased Premises shall include any current permanent
fixtures, e.g. sinks, plumbing, electrical and mechanical fixtures.
ARTICLE II
Term
The term of this Lease is one (1) year from August 1, 2001 to July 31, 2002.
ARTICLE III
Rent and Security Deposit
1. Tenant agrees to pay Landlord a fixed minimum annual base rental for each Lease
Year during the term of the Lease, which rent is Twenty One Dollars and Fifty Cents
($21.50) per square foot. For the purposes of determining Tenant's base rent and prorated
share of Common Area Maintenance costs, the parties agree that the square footage of the
rented space shall be Five Hundred (500) square feet.
2. The Tenant shall also pay their prorated share of the Building's Common Area
Maintenance ( "CAM "). The initial monthly CAM payment shall be Three Hundred Thirty-
Eight Dollars and Forty Six Cents ($338.46) and shall be paid contemporaneously with the
monthly Base Rent. CAM expenses shall include, without limitation, any special assessment
for such services as: capital improvement and structural repair costs, fire protection, street
and or sidewalk maintenance or repair, parking lot maintenance or repair, landscape
maintenance or repair, snow removal, trash removal, special district assessments, increased
payments to Avon Commercial Owners Association ( "COA "), increased payments to Avon
Center at Beaver Creek ( "HOA "), and other costs which may be imposed on Landlord.
All reasonable CAM expense adjustments as determined by the Landlord pursuant to this
Paragraph Two shall be presumed to be correct and necessary. Until Tenant is advised of
any CAM adjustments to the required monthly payment, Tenant's monthly CAM payment
shall continue to be paid at the rate stated herein.
3. The annual Base Rent shall be Ten Thousand Seven Hundred Fifty Dollars and No
Cents ($10,750.00). Minimum base rental for the Leased Premises payable in twelve (12)
monthly installments, is Eight Hundred Ninety Five Dollars and Eighty -Four Cents
($895.84).
4. The total monthly Lease payment, including both monthly Base Rent and CAM
monthly payment shall be One Thousand Two Hundred Thirty-Four Dollars. and Thirty
Cents ($1234.30), and is due and payable on the first day of each calendar month during the
term hereof without prior demand, commencing on August 1, 2001. All payments shall be
made in lawful money of the United States of America, at the office of the Landlord, Eagle
County Facilities Management, 500 Broadway, Eagle, Colorado, or via U.S. Postal Mail at
Eagle County Facilities Management, P.O.Box 850, Eagle, Colorado 81631.
5. Tenant shall deposit with Landlord as security for the faithful performance of the
covenants and obligations contained herein, last month's rent in the amount of One Thousand
Two Hundred Thirty -Four Dollars and Thirty Cents ($1234.30). All funds deposited with
Landlord may be commingled with Landlord's funds and shall not be construed to be held
in trust for Tenant. Upon the termination of this Lease, Landlord shall have sixty (60) days
to return Tenant's security deposit and unearned part of last month's rent, or portion thereof,
and to account for any portions withheld.
ARTICLE IV
Penalties for Late Payment of Rent
1. If Tenant fails to pay monthly installments of the fixed minimum base rent per
Article III, paragraph 3, or the CAM payment per Article III, paragraph 2, by the fifteenth
(15th) day of the month in which it is due, Tenant shall add five percent (5 %) of the
combined rental amount to that monthly installment as additional rent, which additional
amount shall be automatically due.
2. Landlord need not give any notice to be entitled to this payment, and such additional
rentals or penalties shall in no manner be construed to limit Landlord's remedies in the event
of such default, which remedies shall in all cases hereunder be deemed to be cumulative.
3. In the event that all or part of the rent as described in Paragraph 4 of Article III is
delinquent beyond the fifteenth (15th) day of the month in which it is due, the delinquent
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amount shall bear interest at the rate of one and one -half percent (1.5 %) per month.
ARTICLE V
Insurance
1. Tenant agrees at Tenant's own expense to maintain in full force during the Lease
Term comprehensive policies, including property damage, which will cover Tenant and
Landlord against liability for injury to persons and/or property, and death of any person or
persons occurring in or about the Premises. Each policy shall be approved as to form by
Landlord. The liability under such insurance shall not be less than $1,000,000 for any one
person injured or killed, and not less than $500,000 for any one accident and not less than
$100,000 property damage. If in the considered opinion of Landlord's insurance advisor the
amount of such coverage is not adequate, Tenant agrees to increase that coverage to such
reasonable amounts that Landlord's advisors shall deem adequate. The policies shall name
as insured parties Tenant and Landlord and any persons, firms or corporations designated by
Landlord, and shall contain a clause that the insurer will not cancel or change the insurance
without first giving Landlord fifteen (15) days' prior written notice. A copy of the policy or
a certificate of insurance shall be delivered to Landlord. If Tenant fails to comply with this
paragraph, Landlord shall have the right to obtain the said insurance and pay the premiums
therefor, and, in such event, the entire amount of such premium shall be immediately paid
by Tenant to Landlord. Tenant acknowledges that Landlord is a governmental entity.
2. Tenant agrees that it will at all times during the Lease Term maintain in full force and
effect on all of Tenant's furniture, fixtures, and equipment in the Leased Premises a policy
or policies of fire insurance with the standard extended coverage endorsement attached to the
extent of at least eighty percent (80 %) of their insurable value, the proceeds of which will,
so long as this Lease is in effect, be used for the repair or replacement of fixtures and
equipment so insured. It is understood that Landlord shall have interest in the insurance
upon Tenant's equipment and fixtures, and will sign all documents necessary or proper in
connection with the settlement of any claim or loss by Tenant.
3. Landlord shall pay the cost of fire, casualty, liability and extended coverage insurance
covering the Leased Premises against loss or damage by fire and by other risks now or
hereafter embraced by "extended coverage," so called, in an amount of the full insurable
value of the Leased Premises (both the exclusive and nonexclusive premises.)
4. Workmen's compensation insurance insuring Tenant from all claims for personal
injury and death in such amounts as may, from time to time, be sufficient to pay the
maximum accumulated award allowed by Colorado Law.
ARTICLE VI
Utilities
1. Tenant shall pay his pro rata share for gas and electric utilities which are billed
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separately by Landlord. Landlord shall supply water, sewer and trash disposal which costs
shall be incorporated into Tenant's monthly CAM costs. Tenant shall pay for all utility
services not specified as part of this Agreement, e.g. telephone, cable, etc. for Leased
Premises.
2. With regard to all utilities, it is mutually agreed that Landlord shall not be liable in
damages or otherwise for any interruption or failure thereofwhen such interruption or failure
is not due to the negligence or intentional action of Landlord.
3. Tenant further agrees that Tenant will not install any equipment which will exceed
or overload the capacity of any utilities facility or in any way increase the amount of utilities
usually furnished or supplied for use of the Premises as general office space. If any
equipment installed by Tenant shall require additional utility facilities, the same shall be
installed and maintained at Tenant's expense in accordance with the plans and specifications
which have been received prior written approval by Landlord.
4. If regulations in effect in the Town of Avon require the installation of fire sprinklers
in the Leased Premises, Landlord shall be responsible for the cost of installation, excluding
any specific requirements for the Tenant's business needs. Such specific requirements shall
be borne by the Tenant.,
ARTICLE VII
Taxes
Tenant is required to pay any and all taxes levied upon the Leased Premises.
ARTICLE VIII
Prohibited Uses
1. Tenant will not use, occupy, or permit the Leased Premises or any part thereof to be
used or occupied for any unlawful or illegal business, use, or purposes deemed by Landlord
to be disreputable, or hazardous, nor in such manner as to constitute a nuisance of any kind,
nor for any purpose or in any way in violation of any present or future laws, rules,
requirements, orders, directions, ordinances or regulations of the United States of America,
State of Colorado, County of Eagle, Town of Avon, or other municipal, governmental, or
lawful authority whatsoever having jurisdiction and the rules and regulations ofthe COA and
HOA.
2. Tenant shall not do or permit anything to be done in or about the Premises or bring
or keep anything therein which will in any way increase the rate of fire insurance upon the
building wherein the Premises are situated. Tenant shall, at Tenant's sole cost and expense,
comply with any and all requirements pertaining to the Premises of any insurance company
necessary for the maintenance of reasonable fire and public liability insurance covering the
Leased Premises. Tenant shall promptly comply with all laws, ordinances, orders, and
regulations affecting the Premises and the cleanliness, safety, and use of the same, including
installation of additional facilities as required for the conduct and continuance of Tenant's
business on the Leased Premises. No auction for fire or bankruptcy sales may be conducted
on the Premises without Landlord's consent.
3. Tenant shall not operate any other types of businesses other than a travel agency
business as is now currently occupying the Leased Premises.
4. No hazardous substances or materials are allowed on the Premises. Hazardous
substances or materials are those which are identified by State of Colorado or Federal law
or regulation or any substance or materials identified by a Material Safety Data Sheet
(MSDS) indicating a health, fire or reactivity rating of one (1).
5. No storage of any items, garbage, chairs, tables, signs, etc. may be placed outside of
the Leased Premises, e.g. on sidewalks, in common areas, on parking surfaces, etc.
ARTICLE IX
Nuisance and Cleanliness
1. Landlord covenants that Tenant will exercise the highest duty of care to maintain the
Leased Premises in a clean and safe condition as prescribed by appropriate health standards.
2. Tenant shall not permit any noxious or offensive odors to exist in or around the
Leased Premises. A breach of this obligation by Tenant shall constitute a material breach
of this Lease.
3. Tenant shall not perform any act or carry on any practices which may injure the
Building of which the Leased Premises form a part or be a nuisance or menace to other
tenants in said Building. A breach of any of the terms or conditions contained in this Article
IX shall constitute a material breach of this Lease.
ARTICLE X
Repairs, Alterations and Improvements
1. Landlord shall keep in good order, condition, and repair, exterior walls (except the
interior faces thereof), down spouts, gutters for the Leased Premises, electrical systems, the
plumbing and sewage system inside the building of which the Leased Premises form a part
of Landlord's premises (but excluding the exterior and interior of all windows, doors, plate
glass in showcases, and store fronts, electrical systems, the plumbing and sewage system
outside the building of which the Leased Premises form apart of the Avon Center and repairs
required by any casualty or acts of God except as otherwise covered by ARTICLE XV
hereof), except for reasonable use and wear, and any damage, caused by any act or
negligence of Tenant, Tenant's agents, employees, invitees, lessees or contractors; provided,
however, that there shall be no obligation to do so until after the expiration of ten (10) days
written notice to Landlord of the need thereof.
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2. Tenant shall at all times keep the exclusive Premises (including maintenance of
exterior entrances, all glass and show window moldings) and all partitions, doors, door jams,
door closers, door hardware fixtures, equipment and appurtenances thereof (including
electrical lighting, heating, plumbing and plumbing fixtures and any air conditioning system,
including accessories under the control of Tenant) in good order, condition and repair,
including replacements (including reasonable periodic painting as determined by Landlord),
damage by unavoidable casualty excepted, except for structural portions, by reason of
Tenant's negligent acts or omission to act. Landlord may add the reasonable cost of such
repairs in the next installment of rent which shall thereafter become due.
3. All reasonable alterations, improvements, and/or additions to the Leased Premises
by Tenant will only be done at Tenant's expense after obtaining Landlord's written consent.
4. Unless otherwise agreed by Landlord, all alterations, improvements, partitions,
flooring, carpeting or fixtures, including but not limited to light fixtures, electrical fixtures,
and plumbing fixtures, and other changes to the Leased Premises which may be made or
installed by either of the parties hereto and which in any manner are attached to the floors,
walls, windows, or ceilings are to become, at the option of Landlord, the property of
Landlord upon the termination of this Lease, however such termination shall occur, and shall
remain upon and be surrendered with the Leased Premises without reimbursement by
Landlord to Tenant for the cost of any such alterations, improvements or changes. If
Landlord elects that any of the alterations, improvements or changes be removed by Tenant
upon termination of this Lease, Tenant shall remove the same prior to the termination hereof
and shall repair any damages caused by such removal.
At the expiration of the lease term, Tenant shall remove all of its movable trade fixtures
which shall not be the property of Landlord under the foregoing provisions of this
paragraph. Tenant's obligations to perform the covenants contained in this Paragraph of
this Lease shall survive the expiration or other termination of this Lease.
5. Tenant shall not install, attach or erect any signage, displays, or advertising media
not in compliance with applicable COA, HOA and Town of Avon regulations.
ARTICLE XI
Indemnification
Tenant will indemnify Landlord and save Landlord harmless from and against any and all
claims, actions or damages or liability or expense in the loss of life, personal injury, and/or damage
to property arising from or out of any occurrence in, upon, or at the Leased Premises, or the
occupancy or use by Tenant of the Leased Premises or any part thereof, or occasioned wholly or in
part by any act or omission of Tenant, Tenant's agents, contractors, servants, lessees or
concessionaires, to the extent allowed by law. In case Landlord shall, without fault on Landlord's
part, be made a party to any litigation commenced by or against Tenant, then Tenant shall fully
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protect and hold Landlord harmless and pay all costs, expense, and reasonable attorney's fees,
incurred or paid by Landlord in connection with such litigation, to the extent allowed by law. Tenant
shall also pay all costs, expenses, and reasonable attorney's fees that may be incurred or paid by
Landlord in enforcing the covenants and agreements in this Lease, so long as Landlord prevails in
such litigation. Landlord shall pay all costs, expenses and reasonable attorney's fees incurred or paid
by Tenant if Tenant prevails in any litigation against the Landlord under this Lease.
ARTICLE XII
Assignment and Subletting
1. Tenant shall not assign this Lease nor any interest herein, or mortgage or hypothecate
this Lease or any interest herein, or permit the use of the Leased Premises by any person or
persons other than Tenant, or sublet the Premises in whole or in part without Landlord's prior
written consent which consent shall not be unreasonably withheld.
2. If Tenant shall purport to assign this Lease or sublet all or any portion of the Leased
Premises or permit any person or persons other than Tenant to occupy the Premises,
Landlord may collect rent from the person or persons then occupying the Premises and apply
the net amount collected to the rent reserved herein, but no such collection shall be deemed
a waiver of this Article XII or the acceptance by Landlord of such purported assignees of
Tenant or occupant, or release of Tenant of the further performance of Tenant of covenants
on the part of Tenant herein contained. In the event of assignment or sublease, Tenant shall
remain liable under this Lease.
3. If Tenant terminates its business operation, Tenant may assign Leased Premises to
another party only upon written request of assignment and consent by Landlord as described
in Paragraphs 1 and 2 above.
ARTICLE XIII
Access to Premises
Landlord and Landlord's authorized representative shall have the right to enter upon the
Leased Premises at all reasonable hours (and in emergencies, at all times) to inspect the same, to
make repairs, additions or alterations to the Premises and for any lawful purpose. Landlord agrees
to provide Tenant with reasonable notice whenever Landlord deems necessary to enter upon the
Premises and agrees to protect the privacy rights and confidential information concerning Tenant's
clients.
ARTICLE XIV
Damage or Destruction
1. In case the Premises shall be partially or totally destroyed by fire or other casualty
insurable under the full standard extended risk insurance as to become partially or totally
untenantable, the same shall be repaired as speedily as possible at the expense of Landlord,
unless Landlord shall elect not to rebuild as hereinafter provided, and (should that be a
substantial interference with Tenant's business) a just and proportionate part of the fixed rent
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shall be abated until so repaired.
2. If more than fifty percent (50 %) of the building in which the Premises are located
shall be destroyed or so damaged by fire, or other casualty insurable under full standard
extended risk insurance, as to become wholly untenantable, or if the building in which the
Premises are located is destroyed to the extent of less than thirty three and one -third percent
(33 1/3 %) of the replacement cost thereof, or in the event the Premises shall be partially or
totally destroyed by a cause or casualty other than those covered by fire and extended
coverage risk insurance, or, for such casualty, Landlord shall decide not to rebuild the
building, then in any such event, Landlord may, if Landlord so elects, rebuild or put said
building in good condition and fit for occupancy within a reasonable time after such
destruction or damage, or may give notice in writing terminating this Lease as of a date not
later than sixty (60) days after any such damage or destruction. If Landlord elects to repair
or rebuild said building, Landlord shall, within sixty (60) days after such damage, give
Tenant notice of Landlord's intention to repair and then proceed with reasonable speed to
make such repairs. Unless Landlord elects to terminate this Lease, this Lease shall remain
in full force and effect and the parties waive the provisions of any law to the contrary. Rent
shall be abated until the Building is repaired and Tenant may occupy.
3. In the event fifty percent (50 %) or more of the Building containing the Leased
Premises shall be damaged or destroyed, Landlord shall have the right, exercisable within
sixty (60) days thereafter, to terminate this Lease, notwithstanding that the Leased Premises
may have sustained little or no damage. Any such termination shall be effective ten (10)
days following notification to Tenant by Landlord of Landlord's election to terminate. Rent
shall be abated from the time of damage or destruction until termination under this provision.
ARTICLE XV
Default
1. The occurrence of any of the following shall constitute an event of default:
a. Delinquency by Tenant in payment of any rent or late fees under this Lease
for a period of fifteen (15) days from the date such rent became due and payable.
b. Delinquency by Tenant in the performance of or compliance with any of the
other obligations of Tenant contained in this Lease, for a period of twenty (20) days
after written notice thereof from Landlord to Tenant.
C. Filing by or against Tenant in any court pursuant to any statute either of the
United States or of any state, of a petition or bankruptcy or insolvency, or for
reorganization, or for the appointment of a receiver or trustee, of all or a portion of
Tenant's property, if within ninety (90) days after the commencement of any such
proceedings involving Tenant such petition shall not have been dismissed.
2. In the event of default in nonpayment of rent as defined in Article III, this Lease shall
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automatically terminate on the date specified in Landlord's three (3) day notice for payment
ofrent or surrender ofpossession ofthe Premises under Section 13- 40- 104(d) (1997 C.R.S.),
if Tenant fails to pay such rent as demanded in said notice. To avoid potential forfeiture on
account of clerical error or oversight, Landlord requires Tenant to deliver any such notice to
the Eagle County Attorney in Eagle, Colorado, to permit Tenant to arrange for payment of
such rent within said three (3) day period. In the event of a default by Tenant under the
provisions of Paragraphs Lb. and l.c. above, this Lease shall automatically terminate on the
date specified in Landlord's three (3) day notice thereof under Section 13- 40- 104(c) (1997
C.R.S.).
3. Upon the expiration of this Lease pursuant to the preceding subparagraph, Tenant
shall peacefully surrender the Leased Premises to Landlord, and Landlord upon or at any
time after any such expiration, may, without further notice, peaceably reenter the Leased
Premises and repossess it, summary proceedings, ejectment or otherwise, and must
dispossess Tenant and remove Tenant and all other persons and property from the Leased
Premises, and may have, hold and enjoy the Leased Premises and the right to receive all
rental income therefrom.
4. At any time after such expiration, Landlord may relet the Leased Premises or any part
thereof, in the name of Landlord or otherwise for such term (which may be greater or less
than the period which would otherwise have constituted the balance of the term of this Lease)
and on such conditions as Landlord, in Landlord's discretion, may determine, and may
collect and receive the rents therefor. Landlord shall in no way be responsible or liable for
any failure to collect any rent due upon such reletting.
5. No such termination of this Lease shall relieve Tenant's liability and obligations
under this Lease, and such liability and obligations shall service any such termination. In the
event of any such termination, Tenant shall pay to Landlord the rent required to be paid by
Tenant up to the time of such termination, and thereafter Tenant, until the end of what would
have been the term of this Lease in the absence of such termination, shall be liable to
Landlord for, and shall pay to Landlord as and for liquidated and agreed damages for
Tenant's default of the following:
a. The equivalent of the amount of the rent which would be payable under this
Lease by Tenant if the Lease were still in effect, less
b. The net proceeds of any reletting effected pursuan t to the provisions of the
preceding paragraph, after deducting all of Landlord's expenses in connection with
such reletting, including, without limitation, all reasonable repossession costs,
brokerage commission, legal expenses, attorney's fees, costs and expenses of
preparation for such reletting.
ARTICLE XVI
Abandonment
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1. Tenant shall not vacate or abandon the Premises at any time during the term of this
Lease. Abandonment shall be deemed to have occurred if Tenant is absent from the
Premises for more than twenty (20) days without having paid a monthly installment of the
rent per Article III. If Tenant should violate this prohibition or be dispossessed of the
Premises involuntarily, by operation of law or otherwise, any personal property belonging
to Tenant left on the Premises shall be deemed to be abandoned, at Landlord's option, or
Landlord may store such property in Tenant's name and at Tenant's expense without notice
to Tenant.
2. Upon abandonment of the Leased Premises, Landlord, at Landlord's election, may
reenter and relet the Leased Premises to the benefit of Tenant without effecting a termination
of the Lease and apply any rent received as a result of that reletting, the amounts due
Landlord from Tenant under the Lease. In the alternative, Landlord upon abandonment of
the Leased Premises may treat the Lease as being terminated.
3. The rights and remedies of Landlord under this Article XVI are in addition to and not
exclusive of any other right or remedy of Landlord herein given or which may be permitted
by law.
4. Lawful termination of this Lease under other provisions in this Lease shall not be
deemed abandonment.
ARTICLE XVII
Covenant of Ouiet Enjoy men
So long as Tenant is not in default hereunder during the base term hereof and any renewal
or extension hereof, Landlord covenants that Tenant shall peaceably and quietly occupy and enjoy
the Leased Premises subject to the terms hereof. Landlord warrants and agrees to defend the title
to the Leased Premises, and further warrants that Landlord has full authority to execute this Lease.
ARTICLE XVIII
Accord and Satisfaction
No payment by Tenant or receipt by Landlord of a lesser amount than the rent herein
provided shall be deemed to be other than on account of the earliest rent due and payable hereunder,
nor shall the endorsement or statement accompanying any check or payment as rent be deemed an
accord and satisfaction, and Landlord may accept any such check or payment without a prejudice
to Landlord trying to recover the balance of such rent or pursue any other remedy provided in this
Lease.
ARTICLE XIX
Subordination
Tenant agrees that this Lease shall be subordinate to any mortgage or deeds of trust that are
now or hereafter may be placed upon said Leased Premises and to any and all advances made or to
be made thereunder and to the interest thereon and all renewals, replacements and extensions thereof,
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provided the mortgagee or beneficiary named in said mortgages or deeds of trust shall agree to
recognize the Lease of Tenant in the event of foreclosure if Tenant is not in default and shall attom
to such mortgagee.
ARTICLE XX
Estoppel Certificates
Tenant agrees at any time and from time to time, upon no less than ten (10) days prior request
by Landlord, to execute, acknowledge and deliver to Landlord a statement in writing certifying that
this Lease is unmodified and in full force and effect (or, if there have been modifications, that the
same is in full force and effect as modified and stating the modifications), and the dates to which the
fixed rent and other charges have been paid in advance, if any, and confirming Tenant's acceptance
of the Premises, the commencement of the Lease Term, and the rent provided under the Lease, it
being intended that such statement delivered pursuant to this paragraph may be relied upon by any
prospective purchaser, mortgagee, or assignee of any mortgagee of the Leased Premises of the
Building.
ARTICLE XXI
Waiver
One or more waivers of any covenant or condition by Landlord shall not be construed as a
waiver of a subsequent breach of the same or any other covenant or condition, and the consent or
approval by Landlord to or of any act by Tenant requiring Landlord's consent or approval shall not
be deemed to waive or render unnecessary Landlord's consent or approval to or of any subsequent
similar act by Tenant. The subsequent acceptance of rent hereunder by Landlord shall not constitute
a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease other
than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's
knowledge of such preceding breach at the time of acceptance of such rent. No waiver of any
provision of this Lease shall be effective unless it is in writing and signed by Landlord.
ARTICLE XXII
Hold Over
If Tenant should remain in possession of the premises after the expiration of the Lease Term
and without executing a new lease, or without exercising its option to renew, then such holding over
shall be construed as a tenancy from month to month, subject to all the conditions, provisions and
obligations of this Lease insofar as the same are applicable to a month to month tenancy. Tenant
agrees that in the event of such holding over, base rent shall automatically be increased by ten
percent (10 %) for the next year, which additional amount shall be due and payable at the time of the
next monthly rent payment.
ARTICLE XXIII
Notices
1. All notices to be given with respect to this Lease shall be in writing. Each notice
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shall be sent by registered or certified mail, postage prepaid and return receipt requested, to
the party to be notified at the following address or at such other address as either party may
from time to time designate in writing.
Landlord /Lessor Tenant/Lessee
Eagle County Moon Beam LLC d/b /a Travel Vail
c/o Eagle County Facilities Management c/o Laura Sellards
attn: Rich Cunningham 100 W. Beaver Creek Blvd., Suite 105
500 Broadway P.O. Box 4406
P.O. Box 850
Eagle, CO 81631
Avon, Colorado 81620
2. Every notice shall be deemed to have been given at the time it shall be deposited in
the United States mail in the manner prescribed herein. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for personal
service of a summons or other legal process.
ARTICLE XXIV
Attorney's Fees & Waiver of Right to Jury
In the event of any litigation or other action or proceeding between the parties hereto arising
out of the performance or nonperformance of this Lease, or enforcement of any rights or remedies
hereunder, including any indemnities herein contained, the prevailing party shall be entitled in such
litigation, action or proceeding to also recover as part of any judgment, award or other relief, its
reasonable attorney's fees and costs incurred. Landlord and Tenant expressly waive any right which
either may have to trial by jury of any dispute arising under this Lease relating to the issues of
termination of this Lease and rights to possession of the Premises.
ARTICLE XXV
Lien on Tenant's Improvements and Personal Property
1. Landlord shall have a first lien, to the extent allowed by law, paramount to all others
on every right and interest of Tenant in and to this Lease, and on any building or
improvement on or hereafter placed on the Leased Premises, and on any furnishings,
equipment, fixtures, or other personal property of any kind belonging to Tenant, or
the equity of Tenant therein, on the Leased Premises. Such lien is granted for the
purpose of securing the payment of rents, taxes, assessments, charges, liens,
penalties, and damages herein covenanted to be paid by Tenant, and for the purpose
of securing the performance of all of Tenant's obligations under this Lease. Such
lien shall be in addition to all rights of Landlord given under statutes of this State,
which are now or shall hereinafter be in effect.
2. Tenant shall pay or cause to be paid all costs of work done by it or caused to be done
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by it in or to the Leased Premises and Tenant shall keep the Leased Premises free and
clear of all mechanic's liens and other liens on account of work done for Tenant or
persons claiming under it. Should any liens be filed or recorded against the Premises
or any action affecting the title thereto be commenced, Tenant shall give Landlord
written notice thereof. Tenant shall cause such liens to be removed of record within
five (5) days after the filing of the liens, except that if Tenant shall desire to contest
any claim of lien, it shall furnish Landlord with security satisfactory to Landlord of
at least one hundred fifty percent (150 %) of the amount of the claim, plus estimated
costs and interest. If a final judgment establishing the validity or existence of a lien
for any amount is entered, Tenant shall pay and satisfy the same at once.
3. At least thirty (30) days prior to the commencement of any work in or to the Leased
Premises, by or for Tenant or anyone claiming under Tenant, Tenant shall notify
Landlord of the proposed work and the names and addresses ofthe persons supplying
labor and materials for the proposed work so that Landlord may avail itself of the
provisions of statutes such as C.R.S. 38 -22- 105(2). During and prior to any such
work on the Leased Premises, Landlord and its agents shall have the right to enter
and inspect the Leased Premises at all reasonable times, and shall have the right to
post and keep posted thereon notices such as those provided for by § 38 -22- 105(2)
or to take any further action which Landlord may deem to be proper for the
protection of Landlord's interest in Leased Premises.
ARTICLE XXVI
Entire Agreement, Amendments
This Lease Agreement reflects the entire agreement of the parties with respect to the subject matter
hereof and supersedes all prior oral or written statements, understandings or correspondence, if any,
with respect thereto. This Lease Agreement may be amended only by one or more Lease
Amendments executed in the same manner as this Lease Agreement.
ARTICLE XXVII
Miscellaneous Provisions
1. If any portion of this Lease shall be declared invalid or unenforceable, the remainder
of the Lease shall continue in full force and effect.
2. Where necessary to carry out the meaning hereof, the singular shall mean the plural,
the plural the singular, and any gender shall apply to all genders.
3. This Lease with attachments constitutes the total understanding of the parties with
respect to the subject matter hereof and no modification thereof may be made except by a
writing signed by both of the parties.
4. This Lease and all agreements herein contained shall bind the parties hereto and their
heirs, personal representatives, successors and assigns.
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5. Each term and each provision of this Lease shall be construed as, and shall have the
same force and effect as though made in the form of a covenant.
6. This Lease shall be construed in accordance with the laws of the State of Colorado.
The parties stipulate and consent to the exclusive jurisdiction and venue of the District Court,
Eagle County, Colorado, in any civil action which might arise under this Lease.
7. Time is of the essence for the performance of any obligation contained in this Lease
8. The signatories below hereby represent and warrant that they have full authority to
enter into this Lease on behalf of the respective corporations.
9. The Tenant for itself, its personal representatives, successors in interest, and assigns,
as part of the consideration hereof, does hereby covenant and agree that:
a. No person on the sole grounds ofrace, color, religion, national origin, gender,
age, military status, sexual orientation, martial status, or physical or mental
disability shall be excluded from participation in, denied the benefits of, or
otherwise subj ected to discrimination in hiring or the use of Leased Premises.
b. Tenant shall furnish its accommodations and/or service on a fair, equal and
not unjust discriminatory basis to all users thereof, and it shall charge fair,
reasonable and not unjust discriminatory prices for each product or service,
provided that the Tenant may be allowed to make reasonable, and non-
discriminatory discounts, rebates or other similar types of price reductions to
purchasers.
10. Tenant, its employees and customers may park in the underground parking garage
facility in any unassigned parking spaces and on any other parking spaces above ground in
common areas.
11. Tenant agrees to abide by the rules as defined in Exhibit "C ", which are attached
hereto and incorporated herein.
12. Eagle County does not waive its statutory rights to governmental immunity.
IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first
above written.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its Board of County Commissioners
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G: \Leases \Travel Vail \Trvl Vail lease.wpd
ATE
TENANT:
MOON BEAM LLC d/b /a Travel Vail
BY: =`A ,Lee c11 e
Name: L.-R c 2,q � 8A.,M _
Title:
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