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Home My WebLink AboutC04-211 Maria Ramos LEASE THIS LEASE is made and entered into this ~~day of ~ rL L-~~i.,~~ , 2004, between Eagle Count , by and throu its Board of County Commissione (hereinafter referred to as Y ~ ("Landlord's and Maria Ramos (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, by this lease made and effective the first day of July, 2004, Tenant hereby lease` certain Premises, hereinafter referred to as "Leased Premises," a portion of Condominium Space 107, as fully described in Article I, Leased Premises, for a term of one year, ending July 31, 2005, 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 July 1, 2004 to July 31, 2005. ARTICLE III Rent and Security Deuosit 1. Tenant agrees to pay Landlord a fixed minimum annual base rental for the Lease Year during the term of the Lease, which rent is Twenty Two Dollars and Forty Cents ($22.40) 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 Twenty- Two Dollars and Sixty-Nine Cents ($322.69) 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 ("C(~A"), increased payments to Avon Center at Beaver Creek ("HOA"), and other costs which maybe 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 Pleven Thousand Two Hundred Dollars and No Cents ($11,200,00). Minimum base rental for the Leased Premises, payable in twelve (12) monthly installments, is Nine Hundred Thirty-Three Dollars and Thirty-Three Cents ($933.33). 4. The total monthly Lease payment, including both monthly Base Rent and CAM monthly payment shall be One Thousand Two Hundred Fifty-Six Dollars and Two Cents ($1256.02), 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. Prior to occupying the Leased Premises, Tenant shall.deposit with Landlord as security for the faithful performance of the covenants and obligations contained herein, the amount of One Thousand Two Hundred Fifty-Six Dollars and Two Cents ($1256.02). All funds deposited with Landlord maybe 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, 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 (15) 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 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 acxcident 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. Prior to occupying the Leased Premises, 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 therefore, 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. Tenant agrees that it will at all times during the Lease Term maintain in full force and effect any required 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 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 thereof when 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 of the 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 maybe conducted on the Premises without Landlord's consent. 3. Tenant shall not operate any other types of businesses other than a clothing, shoe, and book sale business and any other uses would require the written permission of the Landlord. 4 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 a part 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 often (10) days written notice to Landlord of the need thereof. 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 maybe 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 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 maybe 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 6 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 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 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 automatically terminate on the date specified in Landlord's three (3) day notice for payment of rent or surrender of possession of the 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 l .b. 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 maybe 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 pursuant 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 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 Quiet Enjoyment 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, 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 attorn to such mortgagee. ARTICLE XX Estouuel 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 maybe relied upon by any prospective purchaser, mortgagee, or assignee of any mortgagee of the Leased Premises of the Building. 10 ARTICLE XXI Waiver One or more waivers of any covenant or condition by Landlord ,hall 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 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 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 Maria Ramos c/o Eagle County Facilities Management ~ ~~ r> -,> e attn: Rich Cunningham ~ U ,, ( t 500 Broadway _ .~'),l~ ~ ~ P.O. Box 850 ,C` ~ ; .~ - ~ ~,~ ,~-~ - <~1 ~E~~e~ Eagle, CO 81631 ~ 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. 11 ARTICLE XXIV Attorney's Fees & Waiver of Right to Jury In the event of any litigation or other action or proceeding between the parties ~Zereto 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 tY~i s 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 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 of the 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. 12 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 maybe 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. 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 of race, color, religion, national origin, gender, age, military status, martial status, or physical or mental disability shall be excluded from participation in, denied the benefits of, or otherwise subjected 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 13 discriminatory prices for each product or service, provided that the Tenant maybe 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. . ..,, --y.,,~ ~, ' '~ -. ` .. 4~. ~. e ~ ".. Clerk to rd of County Co issioners LANDLORD: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF~OUNTY COMMISSIONERS Tom C. Stone, Chairman TENANT: Maria Ramos STATE OF COLORADO ) . ) ss: County of ~~ ) ~ ;1 .; On this 1 ~_ day of ~~'~~r~~ , 2004, came before me, a notary public, ~ f+-~-h, u L C3 ~ ~cv~n..~- ,known to me to be Maria Ramos who acknowledged to me that she ex cuted the foregoing document. R.~ ~R My commission expires: ~ -G`i ~.~~<, ~ `` ` ~- ~~ ,, '_°~ ~ ~2 "a° .. (~4 Notary Public . ^``F .;~. ~~~ .~ G:~BRYAN~misc~ramos lease.DOC ~ .' 14 ' AVON ANNEX • 36.0' h 5.3 "i 4.8' ~~ sr 6.8' fJ.S' ~~.,• . `~ z' l.'LC.E. ~ 'ti Z ,. ~ CONDOMIN/UM 107 ; ~ w (1070 sq. ft) 72. f C'<?N as' ~. ~ - v ~ oa• , r,, v '~ ~ ~ ~ ~ ~ ° 10 4' ° y c"n . .7' 26.3' s] ~ o a? _, , i o 3.0' 26.3' .r~ ~.s• H. 4 " ~ ~ ~ CF I ~ ~ o , v- ~ ,~ ~ ~ ' , ~ ~ N~ 1 ~ ' I r ~' N M ® • n. 13.6 " `~ ' 1 14. f' ~ ~ C.'/.G'E: CONDOM/N/UM 107 r°0., , ;o TOTAL AREA ~ I (5597 sq. R.) 2.0' --- ----- - -- - - - - ®--- - - ~~ CONDOM/N/UM 107 EAGLE COUNTY (375T sq. ft.) ~-- as' ~n 11.6' ~D 11.0' 2.8' V v, ~v o, `~ O ' 6 O N ~1 N N p ~' ~Oq~ ~ ~ ~/ • 3 ~. ti ~-.aa ~ 1' . `m h W 11.0 5.2' ' 11.6 7.1 ~ 8.0 "~ ; ;,~ ;~ ~ 75'~ ~ o ~. ~ ~ EXHIBIT ~ s ~ `~ ' 7 5' '~~ '~ I lIN 14(l~ •,