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HomeMy WebLinkAboutC01-295 Space Lease with Alpine Vending & Video/ ^� ^ SQACE 1 -E � TE * THIS 137ACE LEASE {hereinafter referred to as thc ^Lease"} is made this _gtt day of Novemb 2�01 ("Effective Date") by and between Board of County CommiEL_ionern having its principal place of business at hereinafter referred to as '/Lessor" and Alpine Vending & Videc, Inc., having its principal place of business at P.O. lox 133` Avon, Colorado 81620, hereinafter referred to as "Operator". In consideration of the termso covenants and conditions hereinafter set forth, Lessor hereby leases to Operator certain floor space in Lessor's promises as mutually agreed upon in the terms of this Lease, to have and to hold the same unto Operator during the term of this Lease in accordance with the following terms and provisions. 7p2rator shall use and occupy such floor space for the sole purpos�: of operating therein an automated teller machine (ATM) at the county terminal of the Eagle County Regional Pirport in Gypsum, CO. Lessor shall not have any other ATM or ATM Cash Back device located within the same building as the ATM during the term of this lease without written consent from Operator. 2. instalIaLion and Operation of th-_PIT01. T. Operator will install an ATM in the location mutually agreed upon as soon as practicable after signing of the Lease. Lessor will ogerate and maintain the ATM during the term of the lease. The expansion of the number of ATMs may occur with the consont of both parties. a} The Operator will provide a Triton 9600 Series ATM. Lessor shall make available to Operatcr to much of the space within each tuiIding in which Operator operates an ATM as is necessary to en orable customer to have acoss to the ATM and for maintenance ancf servicing of the ATM. b) The ATM shall be located in a conspicuous location that is mutually agreed upon between the Lessor and the Operator. W For the term of this Lease, Lessor grants to Operator and third party servicing agents unrestricted access to the ATMs and for related property within its facilities during hours of operation or, for purposes of sorviciogx during such pre-opening anz post-closing hours as are mutually agreed. Lessor further grants to Operator, for its use and the use of its employees, a2ents an6 customers, in common with other entitled to use same, a nonexclusive license over the talanoe of Lessor's business premises for the solo purpose of ingress and ogress to and from the building. The space in the tuilding, as provided by Lesser, shall comply with the Americans with Disabilities Act (ADP) accessibility guidelines for buildings and fa=ilities. 4. Maintena-ire and Service. ~ [ / �� a) Lessor, at its expense, shall be responsible f or electrJcal , s ervices for the ATM by providing a dedicat- ed 1161 amp line to each ATM and providing dedicated 6iall—up telephone circuit (s). b> Operator shall provide all cash services and first line maintenance (cash misfeeds) for each ATM. c) Operator shall supply, at no expense to Lessor, paper for transaction receipts, printer ribbons, and monthly reports showing transaction activity. 5. Risk of Loss. a) TI-e ATM shall remain the property of Operator. To) Eagle County af-Firms that the ATM machine is not construed to be a part of the building iof-astructuren is the sole property of the Operator, and isr therefore, not subject- to liens, attachments or other legal issues not directly associated to the Operator or the performance of the ATM. S. Taxes and Liens. a> Operator shall pay all personal property taxes or similar assessments directly relating to the ATM located in the building as the same become due. b) Lessor shall at all times keep each ATM free of all liens, and encumbrances. B. 9. Operator agrees to pay Lessor monthly rent during the ters of this Lease as followsg a) All transactions Carry a $2.50 surcharge. Operator will pay to Lessor t.25 per transaction after 2250 transactions per month as as payment for leased space. b) Operator reserves tine right to remove the ATPI, at their expense, should the transaction level fall below 201,71 transactions per month as averaged over six months. The term of the Lease will permit Operator at their expense, to place only that signa-ge which directly relates to the provision of ATM banking services at the E-agle County Regional on the exterior of the ATM. The Operator is permitted to pIace any appropriate advertising on the ATM receipts. The term of the Lease shall commence on the date above written, an� shall continue for three (2) years. This lease shall automaticaIIy renew for an additional period of tl-,ree (3) years upon expiration unless terminated by either party giving the other party written - ° ~ 10. Termination Upon Bankruptcy or Insolvency. 11. Lessor acknowledges that the ATM, certain service and trademarks, computer programs, procedures, forms and other related materials belong to and are trade secrets of third parties and shall not in any way reconfigure or reverse engineer such in any manner whatsoever. 12. Entire Anreement. 13. 14. This agreement and the exhibits attached hereto constitute the entire Agreement between Operator and Lessor with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. The Agreement may not be reIeasedn discharged, abandoned, changed or modified in any manner whatsoever. The failure of either Party to enforce at any time any provision of this Lease or to exercise any right herein provided shall not in any way be construed to be a waiver of such provision of the Lease or right in connection with any subsequent breach or default, and shall not in any way affect the validity of the Lease or any part hereof, or limit, prevent or impair the right of such Party subsequently to enforce such provision or exercise such right, Any notice required or permitted hereunder shall be in writing and may be given by personal service or by depositing same in the United States Certified mail, First class postage prepaid, to the address of the Party receiving notice as signature page of this Lease or as changed through written notice to the other party. � . , ° ~ - C 15. GoverniEE Law. This Agreement shall be construed in accordance with Colorado law, and venues for any action pertaining to the Lease shall be District Court, Eagle County. 16. Binding Effectz Successors and AjsiLnmjnts. 17. The Agreement is binding on the Parties and their respective successors and assigns. Lessor may not assign this Agreement without the prior written consent of Operator. Captions contained in this Lease are inserted only as a matter of convenience and in no way define, limit, or extend the scope or intent of this Lease or any provision thereof. 18. RelatioE1hip_2f the Par. ies. It is expressly understood and acknowledged that it is not the intention or purpose of this Lease to create» nor shall the same be construed as creating, any type of partnership, relationship or joint venture. 19. Compliance with W s. Each party will perform its obligations under this Lease in strict compliance with all applicable laws, orders or regulations of all appropriate jurisdictions. 20. Rinht To Cure. In the event of s default under any of the terms and conditions set forth in this Agreement, the non—defaulting party shall give written notice of the default. The defaulting party shall then have thirty (30) days to cure said default. In the unlikely event said default is not cured at the end of the thirty day periodv the non—defaulting party has the option to cancel this Agreement. 21. Quiet Enjoyment. Operator shall quietly enjoy the floor space mutually agreed upon during each term of this Lease without hindrance or molestation by anyone claiming by, through or under Lessor. Location/Mailing Address: Board NVaus tyCommissioners Po s it WAMP T, Dat 4: ro - Alpine Vending & Video, Inc. P.O. Box 133 Avonv Colorado 81620 I}ym Sionature Date: Z10z