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Home My WebLink AboutC06-092 //6'7';Z-}'7 LEASE AMENDMENT THIS LEASE AMENDMENT is made and entercd into this ~ay of~ ,2006, between Eagle County, by and through its Board of County Commissioners (hereinafter refelTed 10 as "'Lalldlord") and Geno's Itlllilln Sandwiches, (hereillafter refelT ed to as "Tenant"), Landlord and Tenant have entered into a Lease Agreement datcd July 31, 2001 ("Original Lease") for the property deseribed as thc portion of Condominium 107, the northwest corner of the first floor of the Avon Commercia! Center building, located at 100 Wcst Beaver Creek Boulevard,Avon, Colorado, In eonsideration of the tenns and conditions of the Original Lease, the sufficiency of which is hereby acknowledgcd, Landlord and Tcnant agree that this Amcndment shaH replacc alld supersede the section of the Original Lease as statcdhereunder. ARTICLE II, Term, shall be delcted ill its entirety and replaced with the following effectivc March 1,2006: "ARTICLE II ill!!! The tenn of this Lcasc is one (1) ycar from March I. 200g,to Februarv 28. 20D? ARTICLE III RentandSccuritvDeposit L Tenant agrccs to pay Landlord a fixed minimum annual base rental for each Lease Year during the term of the l.ease, whieh rent is Twenty Three Dollars and One Cent ($23.01) persquarcfoo(, The patties agree lhatthe square footage of the rented space is Two J-Ju ndrcd Ninety Two (292) square feet, as prescribed in Exhibit "B" attached to the Original l.case. 2. The Tenant shall also pay thcirpwrated share of the Bui/ding's Common Area Maintenance ("CAM"). The initial monthly CAM payment shall be Two .I.:l)!!J.gred Nineteen Dollars and Eighty,,,Cents ($219.80) and shall be paid contemporaneously with the mOllthly Base Rent. CAM cxpcnses shall include, withoUl limilation, any special assessment for such services as: capital improvemcnt and struetural repail' costs, fire protectio n,streetandorsidewalk mainlenancc or repair, parking lot maintcnanee or repair, land scape maintenance or repair, sno\',. removal, trash removal, spccial distriet assessments, increased payments to Avon Commercial Owncrs Association ("COA "), increased paymcnts to Avon Center at Beaver Creek ("BOA"), and othereosts which may be imposed on Landlord, All reasonable CAM expense adjustments as determined by the Landlord pursuant to this Paragraph'l\vo shall bepresllmed to be correct and necessary. Untjl Tenanl is advised of any CAM adjustments 10 the requil'ed monthly payment Tenant's monthly CAM payment shall continue to be paid at the rate Slaledherein. 3. The anmlal Base Rent shall be Six Tho,!!~,iJ.nd Seven Hundred Sev~,nl.~en Dollars and Fortv-Eiuh1.!:::ents 1$6,717.48). Minimum base rental for the Leased Premises payable in twelve (12) monthly installments is Five Hundred Fifty Nine Dollars ang, Sey!;!).Jy-Nine Cents 1$559,29), This amount is an increase from the previous rental term and has been adjusted according to the current year's Consumer Pri ce Index-lJ.S. City Average, CPI-U, West Region as reported by the United States Government. Any subsequcnt cxtensions of this Jcase wiI!al~o be adjusted annuallyaeeording tothi, index. 4. The total monthly Lease payment, including both monthly Base Rent and CAM monthly payment shall be Seven Hundred Seventy Nine Dollars and Fiftv-Niue Cents ($779.591,and i,due and payabJc on lhe first day ofeaehcalenda rmonth during the term hereof without prior demand, commencing on March 1,2006. All payments shall be made in lawfnl money of the Unitcd State~ of America, at the of11ce of the Landlord, Eagle County Facilities lvlanagement, 500 Broadway, Eagle, Colorado, or via u.S.l'oslal Mail at Eagle County Facilities Management, 1',0. Box 850, Eagle, Colorado 8163 I. 5. Tenant has deposited with Landlord a, security for the faithlttl perfOlmanceofthe covenants and obligations eonlained herein an alllount of Seven H undred Twenty Dollars and Ninety-Two Cents ($720,92). All funds deposited with Landlord may be commingled with Landlord's Itmds and,hall not be construed to be he!d in trust for Tena nL Upon the termination of this Lease, Landlord shall have sixty(60)day~ to return Tenani's security deposit and unearnedpaJtofla~tmonth'srent,orpoliionthereof,andt(laecountfor any portions withheld." Landlord and Tenant agree that, except as expressly altered, modified and changed in thi, Amendment, all terms and provbions of the Original Lease and existing Amendments shall remain in full force and effect, and hereby are ratified and eonfirmed i n aIJ respects as oflhedate hel'eof. Landlord and Tenant agree that the increased relllal amounts shaIJ commence on March ], 2006 and that Tenant~hal1 continue to pay the current rental amouot~ until such timc. If any conl1ict exists between the provisions of this Amendment and the Original Lease and existing Amcndlllenl~, the provisions of this Amendment ,hall control. This Amendmcnt shall be binding on the parties hereto, thcirhcirs, ex ecutor"sueecssors,and aSSIgns. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year first above v,~'itten. LANDLORD: COUNTY OF EAGLE, STATE OF COLORADO By and !hrough its Boord of Count}' C9mmlsslOncn: ~of:l" ~" ~ / / ~ " _n " / / / ,- /.' BY~;:/c" "L~/"", :(./t:~?~^ Peter!' !{unyon,Chulrman ATTEST:, .... ----;4'" // '\---' ",c:.< <"J,,;, :.::,- By' ( - /L.4~I( d' . ..--/~_._,-.,./n;;>c>-\..._ '__ -'-- .__:,.m"'On 'n"_ "-.::_,_L'~-__ TeakJ.Simont II "",_ ::_.,'.;> Clerk to the Board of County Commissr6h~~~ TENANT: GENO'S ITALIAN SAND\VICHES //"/Y' By: ..- <\....(~::."".,,:-~.:..:~:,- Name: --"CeiL'<._,- M c-C:.-'..1-__~__, nu_\. / n__ Title: 0>-....... <__ < (", (- \ ,--,~---- ,-,--,--~------- G,'..LH,aSGi'NOS',(),"" 2006 L"_,, AJll<ndm<nU)OC I , EXHIBIT "A" i 36.0.' " '"" b 48" II II ^",:, /iY , I, iI 1,'/ , '" CONDOMINIUM t07 - , ~ DMV , ," (f070sq.ft.) 12..1' ".i; ",- , - - " " C - >~ , ljit: . 10.4' , ~ " (" 26..;r -J 9'~ " MY ,", 8.4' :'l;.:!.. ,I ~ ~ , Cf " (0) , "' '" '2 ~i I ~ ,'" !~.. , . . , , " r!. 1.!.6' "' , 0 14.~' ~I '" CI CL ~ CONDOMINIUM '07 . TOTAL AREA . ,I (5597sq_f1.) 20' tlI CONDOMINIUM 107 EAGLE COUNTY (J7ti7sq. (f,) -~~.. . 1/.6' . 11.0.' 208' Leased Prernises-ilt , . 0' ",;" '" '\5" ~ ~ "'h~ , 0 Ii;' P' 0 . , , tf~{> __all' V 6.7' 11.0.' 5.2' 1/,6' 71' ''', " , , , ;;,r, " " ,~ " , 'I) 'it" I.Y .. /i.I!' '-ro'