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Home My WebLink AboutC04-210 Geno's Italian Sandwichesgoy-a~'~-yam LEASE AMENDMENT THIS LEASE AMENDMENT is made and entered into this-~ day of , 2004, between Eagle County, by and through its Board of County Commissione (hereinafter referred to as "Landlord") and Geno's Italian Sandwiches, (hereinafter referred to as "Tenant"). Landlord and Tenant have entered into a Lease Agreement dated July 31, 2001 ("Original Lease") for the property described as the portion of Condominium 107, the northwest corner of the first floor of the Avon Commercial Center building, located at 100 West Beaver Creek Boulevard, Avon, Colorado. In consideration of the terms and conditions of the Original Lease, the sufficiency of which is hereby acknowledged, Landlord and Tenant agree that this Amendment shall replace and supersede the section of the Original Lease as stated hereunder. ARTICLE II, Term, shall be deleted in its entirety and replaced with the following effective May 31, 2003: "ARTICLE II Term The term of this Lease is one (1) year from July 1, 2004 to June 30, 2005." 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 Two Dollars and Forty Cents ($22.40) per square foot. The parties agree that the square footage of the rented space is Two Hundred Ninety Two (292) square feet, as prescribed in Exhibit "B" attached to the Original Lease. 2. The Tenant shall also pay their prorated share of the Building's Common Area Maintenance ("CAM"). The initial monthly CAM payment shall be One Hundred Eighty Eight Dollars and Fifty-Five Cents ($188.55) 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 Six Thousand Four Hundred Twenty-Two Dollars and Forty-Three Cents ($6,540.84). Minimum base rental for the Leased Premises payable in twelve (12) monthly installments, is Five Hundred Forty-Five Dollars and Seven Cents ($545.07). This amount is an increase from the previous rental term and has been adjusted according to the current year's Consumer Price Index - U.S. City Average, CPI-U, West Region as reported by the United States Government. Any subsequent extensions of this lease will also be adjusted annually according to this index. 4. The total monthly Lease payment, including both monthly Base Rent and CAM monthly payment shall be Seven Hundred Thirty-Three Dollars and Sixty-Two Cents ($733.62), and is due and payable on the first day of each calendar month during the term hereof without prior demand, commencing on July 1, 2004. 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 has deposited with Landlord as security for the faithful performance of the covenants and obligations contained herein an amount of Seven Hundred Twenty Dollars and Ninety-Two Cents ($720.92). 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." Landlord and Tenant agree that, except as expressly altered, modified and changed in this Amendment, all terms and provisions of the Original Lease and existing Amendments shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. Landlord and Tenant agree that the increased rental amounts shall commence on June 1, 2004 and that Tenant shall continue to pay the current rental amounts until such time. If any conflict exists between the provisions of this Amendment and the Original Lease and existing Amendments, the provisions of this Amendment shall control. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year first above written. LANDLORD: COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners By: Chairm .~~u ~. p L' By: -~ :`p Teak J. tom ~' :; ~ ~~ ' Clerk to th oarci'ofounty Commissioners TENANT: GENO'S ITALIAN SANDWICHES By: ... Name: ~~--~. ~.L-~ v c..~_ Title: ~.~-- State of ~~~'~~ i7 County of - The foregoing instrument was acknowledged bAfOl~ ~-- me on this~_day of~uV~ 20~ by.~~ VV~ r C~ v~~ who is~"ErSprlaify j<no++•n to moor has produced as identificatloR Notary's Signature Y~~ C~~~,s.S:or~ szx~~(fs \2~~~2cx~ ~i G:\LEASESIGENOS\Geno 2004 Lease Amendment.DOC EXHIBIT "A" 36.0' h 5.3 hi 4.8• 2' ~+ ~..l.li.f ' ~ b 27' ~o CONDOMINIUM 107 1~ a -~ OMV >> 6• (1070 sq. ft.) 12.1 ' ~ ' ~~' as' ~ _ f- o e' _ W V v~ '~ v i~ 10.4' `z h cn .7' 26.3" ~ 1; ~ ,~ ~ ~ °j , 3.0' 26.3' 7~ 'S~ N.4' ,~ 'i Q ~. p- ip ~ o, ti ~ ~ ~, i '~ N i ~ 7~ 5~ ® ~' ~~ C. C. ;.~ 1,3.6' a 4' 14 i ~ ~ C.l.C.E: . coNDOMiNiUM ro7 a ~ j ~ =` TOTAL AREA (5597 sq. ft.) 2.O' ~~ CONDOM/NIUM 107 ~~ EAGLE COUNTY (3757 sq. ft.) -- ~- ar h 11.6' 11.0' 2.8' Leased Premises ~ w ~ ~ 6 0• . N ~ ~, N N ~ ~ O ~ ~O ~ N ~ ~O 11.0' S.2' 11.6" 7.1 ' 8.0' "~ ' ~ ~ ~ ~ 75'~ ~ o ~ ~. ~• ~~ ~ T V Op n V - 5' 6'0~ ^4.0' I ~, 14 /1 ~~~