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Home My WebLink AboutECAT C04-340 Alpine Video and Vending60 4 - 840 40 SPACE LEASE THIS SPACE LEASE (hereinafter referred to as the "Lease") is made this 9th day of November _9 2004 ("Effective Date") by and between Eagle County Air Terminal Corp. having its principal place of business at 500 Broadway, Eanle, Colorado 81631 —9 hereinafter referred to as "Lessor" and Alpine Vending & Video, Inc., having its principal place of business at P.O. Box 133, Avon, Colorado 81620, hereinafter referred to as "Operator". In consideration of the terms, covenants and conditions hereinafter set forth, Lessor hereby leases to Operator certain floor space in Lessor's premises 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. 1. Use. Operator shall use and occupy such floor space for the sole purpose of operating therein an automated teller machine (ATM). 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. Installation and Operation of the ATM. Operator will install an ATM in the location mutually agreed upon as soon as practicable after signing of the Lease. Lessor will operate and maintain the ATM during the term of the lease. The expansion of the number of ATMs may occur with the consent of both parties. 3. ATM Space. a) Lessor shall make available to Operator so much of the space within each building in which Operator operates an ATM as is necessary to enable customers to have access to the ATM and for maintenance and servicing of the ATM. b) The ATM shall be located so that there is an unrestricted view of the ATM from the front'entrance of the Building. c) 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 servicing, during such pre —opening and post —closing hours as are mutually agreed. Lessor further grants to Operator, for its use and the use of its employees, agents and customers, in common with other entitled to use same, a nonexclusive license over the balance of Lessor's business premises for the sole purpose of ingress and egress to and from the building. The space in the building, as provided by Lessor, shall comply with the Americans with Disabilities Act (ADA) accessibility guidelines for buildings and facilities. 4. Maintenance and Service. a) Lessor, at its expense, shall be responsible for electrical services for the ATM by providing a dedicated 110 amp line to each ATM and providing dedicated dial —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 L J M showing transaction activity. 5. Title: Risk of Loss. a) The ATM shall remain the property of Operator. b) Lessor agrees to execute and deliver to Operator documentation to evidence and put third parties on notice of Operator's interest in each ATM. 6. 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 and hereby waives any and all claims or liens, including statutory landlord liens, that it may impose itself on any ATM. 7. Rent. Operator agrees to pay Lessor monthly rent during the term of this Lease as follows: a) All transactions carry a $3.00 surcharge. Operator will pay to Lessor $.25 Qer surcharged transaction as payment for leased space. b) Operator reserves the 'right to remove the ATM, at their expense, should the transaction level fall below 200 transactions per month as averaged over six months. 6. Si gnage. The term of the Lease will permit Operator at their expense, to place signage on the exterior and interior of each building in which an ATM is operated which prominently advertises the ATM. Lessor will permit Operator to place any advertising or signage it chooses on any ATM or ATM receipts, subject to approval by Lessor. 13. Term. The term of the Lease shall commence on the date above written, and shall continue for five (5) years. This lease shall automatically renew for an additional period of five (5) years upon expiration unless terminated by either party giving the other party written notice of intent not to renew at least ninety (90) days prior to the expiration date of the original term or any renewal thereof. 10. Termination Upon Bankruptcy or Insolvency. In the event that (a) a Party shall become insolvent, (b) a Party shall make an assignment of its property for the benefit of creditors or shall seek liquidation or reorganization under any insolvency or bankruptcy law; (c) a petition is filed by or against a Party under any provision of the United States Bankruptcy Code which is not dismissed or stayed within sixty (60) days after its filing; or (d) a receiver of trustee for a Party shall not have been discharged within sixty (60) days from the date of appointment, then the other Party may immediately terminate this Agreement and pursue all other available remedies at law or in equity. aq awes aye. 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'saanpaao..Ad 'sweaaoad aye. Ao Aue jo saay40 o4 aansOTas!Tp pue 'xo4-eAadp Off. anTen ;eaaa jo aae yatyM s4axaas apeaq axe autoaauOA aye. W44 saapaTMoulae aossal-asuadxa Tetquegsgns 4e sat4aed pa1.44 ao aogeaadp Aq padOTanap 'paaTnbae uaaq aney yatyM sTetaa4ew pa4eTaa Aa440 pue swaoj 'saanpaaoad 'sweaaoad aa4ndwoa jo gAL*d ut sjsTsuoa Wld ayl -s 4axaag a peal - T T construed as creating, any type of partnership, relationship or ,joint venture. 19. Compliance with Laws. Each party will perform its obligations under this Lease in strict compliance with all applicable laws, orders or regulations of all appropriate jurisdictions. 20. Right To Cure. In the event of a 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 period, 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. 22. Termination. The County may terminate this agreement at any time for its convenience upon providing thirty (30) days written notice to Operator. Location/Mailing Address. _Eagle County Air Term. Corp. Alpine Vending & Video, Inc. 500 Broadway P.O. Pox 133 Eagle, Colorado 81631 Avon, Colorado 81620 By: By: � Signature: 1 _ Signature �uar �r (i Cam/ rice —4( C-4 Print Name: Position:vW�a 1 Date: �.o2/oi Date: DISTRIBUTION Orieinais to: t. C tract Book 2. r / 3. 4. 74 tow ffiam�t C .iYs to: r\2"o OFFICE OFTHE COUNTYATTORNEY (970) 328-8685 FAX: (970) 328-8699 wwweaglecountyus EAGLE. COUNTY October 28, 2004 Alpine Vending & Video, Inc P.O. Box 133 Avon, CO 81620 To Whom It May Concern: ,-Me Enclosed for your records is an original space lease agreement between Eagle County Air Terminal and Alpine Vending & Video, Inc. regarding floor space for the operation of an automated teller machine. Please do not hesitate to contact me if you have any questions. DF:pn Enclosures Very truly yours, Debbie Faber Assistant County Attorney Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850