TC Ord. No. 1991-06ORDINANCE NO. 91-6
AN ORDINANCE CONCLUDING A LEASEHOLD AGREEMENT
PURSUANT TO SECTION 14.9 (a) OF THE CHARTER OF
THE TOWN OF AVON
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. Approval of Lease. The leasehold agreement
between the Town and City Market, Inc., a copy of which is
attached hereto as Exhibit A is approved and concluded pursuant to
Section 14.9 (a) of the Charter of the Town of Avon.
Section 2. Effective date. This ordinance shall be effective
as of the date of said leasehold agreement.
INTRODUCED, PASSED ON FIRST READING,
this 22nd day of October, 1991 and a
ordinance shall be held at the reguL
of the Town of Avon, Colorado on the
7:30 P.M. in the Municipal Building
Colorado.
APPROVED AND ORDER POSTED,
public hearing on this
ar meeting of the Town council
12th day of November, 1991 at
of the Town of Avon,
Jerr Davi , Mayor
Attest:
Patty Ne hart, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this 1 2 day of I~c,vt r.~,i , 1991.
Attest:
Patty Ne hart, Town Clerk
-t Reyno :'cts, Mayor Pro-Tem
r.
Exhibit A
Su37=ASE AGR_DMETvT
Agreement o; Sublease, made the 27th day cr
February 19 90 bets=-n C."_Y MARKET, INC. ,
a Colorado cortoration, having its principal off_ce at Box
729, Grand Junct-Jo..^, Colorado, here_nafter _e- erred to as
Landlord, and TOWN OF AVON, a Tuniciz-al cor-crat,cn, having
its principal o=lice at P. 0. Box 975, Avon, Colorado,
hereinafter referred to as Ten=nt,
WITNESSETu, that the Landlord does hereby demise
and lease tc the Tenan" -he s^ace outl"hied on t e d=. W_nc
attached as F- ibit "A" being a portion of an addition to be
constructed onto the existing C.tJ Market bui d1:!Cj. located
in the Town of Avon, County of Eagle and State o= Colorado.
Said demised premises shall contain apprcxi.nately 5,000
square feet of floor space. The demised premises shall be
for the exclusi'Je use of the Tenant-, its agents, servants
and invitees for any lawful purpose, upon tcie following
terms, covenants and conditions:
1. TEPM. The term of this lease shall be five
(5) years commencing the date of delivery o= possess'_on.
2. RENT. The Tenant shall pay as rent the sum of
ONE H 7cDRF.D FIFTY-SIX THOUS:PND FOUR FiUNDRFD F GRTY DOLLAPS
($156,440), which shall be dire on the date of delivery o:
possession.
3. REPAIRS; R_`"YFDI_S OF TENANT FOR L3~~ ' S
NDLO . D
D_rAT:IT; 7m:-7 1 __~.T; L?T_L_ITI=S. T Tenant s al_ maize necessary
minor repairs to the interior o= the premises. The Landlor3
shall make all other repairs including struc-ural repairs
,
repairs to the exterior o' the -remises including the roc',
skylights, sidewalks and parking areas, and repairs to the
electrical, plumbinc, heating, air condition 4nc, sprinkler
and hot water systems. The Landlord shall- also make anv
repairs necessitated by water seepace or by other causes not
under the Tenant's control. The Landlord shall also make
any repairs or changes which may be necessary to make the
premises and the use herein conternDlated comply with appli-
cable laws, ordinances, orders or reCUl3tiOnS o-:-' any feder-
al, state, co ntv or municipal authority now or hereafter in
effect, and so long as the premises remain in good repair
and no negligence is committed by the Landlord, the Landlord
shall have no liability to Tenant for any injury cr damage
occurring on or about the premises. However, if the Land-
lord shall fail, within a reasonable time after recuest
therefor, to make such repairs or changes, or repairs
necessitated by fire or other casualty, or if such chances
or repairs are negligently made, then (a) the Landlord shall
be liable for any damages to property or loss thereby
sustained b-% the Tenant, and (b) the Ten-=:t may have such
repairs or chances made, or may have such repairs or oranges
which were negligently made corrected at the expense of the
Landlord. The Tenant, whenever the weather shall'- requ_;_-_,
shall neat the premises. The Tenant Shall pay all charges
for water, electricity and gas su-ppl_ed to the premises.
Meters shall be installed by the Landlord to measure the
Tenant's use e= such utilities.
4. aSSICNMENT 03 Si:3L~T^ING. The Tenant ma-_,.1
assig*: or sublet the da-miSed premises or any part therecf
for the purposes herein permitted or for ar.v other lawful
business not extra-hazardous on account of fire without
relieving the Tenant fro- the Oblications hereunder; provid-
ed, no such assignment or subletting shall alter any term
hereof.
5. DFSTR'JCTION BY FIRE OR OTHER CASH~LTy. If
during or prior to the terms hereby granted, the premises
shall be damaged or destroved by fire or other casualty, the
Landlord shall repair and restore the same at the Landlord's
expense and as promptly as possible. If such damage or
destruction: (a) shall be so extensive that the cost of
repair or restoration would be in excess of 750 of the value
of the demises premises when restored; and (b) shall occur
at a time when the unexpired term of this lease shall be
less than three years, this lease may terminate at the
option of the Tenant. If the Tenant shall not terminate
this lease, then the Landlord shall reoair or restore the
demised Uremzises at the Landlord's expense and as promptly
as possible, and the rent shall be abated in an amount
ccrrespcndi_1Cj wit th.e time during which and the e`:ter:t to
which the premises have been untenantable.
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6. RIGHT OF LANDLORD TO ENT7": The Landlord may
enter the demised premises duri-a all reasona' le business
hours to inspect the same or to exh_b_t the re _~~s to
prospective tenants.
7. QQIET FENJOYMENT. The Landlord warrants and
covenants that the premises may be used for the purpe=_es
herein contemplated throughout the term of this lease and
anv extensions thereof. The Tenant shall cuietly enjoy the
premises for the full term herein granted.
8. TITLE OF LANDLORD. The Landlord covenants and
warrants i t has full right and lawful authority to enter
into this lease for the full tern: herein granted and that it
is not in breach of anv term of the lease as to which it is
lessee and that during the term hereof it will fully and
promptly perform all the terms and conditions of said lease.
9. SLTBORDINATIGN. This lease shall be subject
and subordinate to the lien of any first mortgage now
against said premises or which may hereinafter be placed
against the demised premises, provided that, in the event of
termination of this lease, the unused portion of the prepaid
rent shall be returned to the tenant.
10. CHANGES AND ALTERATIONS The Tenant from
time to time, at its expense, may paint and decorate the
premises and make such nonstructural changes, alterations,
additions and improvements as will, in the -uduma nt of the
Tenant, better adapt the same for the our-cc-se of its
A _
business. The Tenant may make structural alterations or ad-
ditions only with the Landlord's approval, which apcroval
the Landlord will not unreascnably withhold or delay.
Tenant agrees to indemnify Landlord against any mechanic's
liens arising out of anv improvements mace hereunder.
11. SURRENDER. On the termination of the Ten-
ant's occupancy, the premises shall be surrendered in the
condition in which the Tenant is hereby required to maintain
the same.
12. REMOVAL OF TENANT'S F IXTUF - " The Tenant
shall have the privilege at any time on or before vacating
the premises o= removing any or all of its personal proper-
ty, equipment and fixtures, and shall repair any damage
thereby caused.
13. DEFAULT OF LANDLORD. If the Landlord shall
fail to carry out any obligation on the Landlord's part in
this lease contained, the Tenant may, after reasonable
notice or without notice if in the Tenant's judgment an
emergency shall exist, perform such obligation at the
expense of the Landlord.
14. NIOTICES. Anv notice or demand, which, under
the terms of this lease or by any statute or ordinance, must
or may be giver or made by a party hereto, shall be in
writing and may be given by certified or registered mail
sent to the other party at the address of its principal
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of=ice hereinabove mentioned, or to such other address as
such party may from time to time designate by notice.
15. F_RF INSU_r`NCE The Landlord will insure the
premises against fire loss by policies with extended cover-
ace; and the Tenant shall not be liacle for ,-jury to the
premises by fire or other casualty so covered by this type
of insurance, it being understood that in case of such
injury the Landlord shall look solely to the insure= for
reimbursement and not the Tenant, ez~cept in the case of the
necligert or intentional acts of the Tenant or its employees
to the extent the same are not barred by the Colorado
Governmental Immunity Act.
16. COMPLIANCE WITH LAWS. The Tenant s1h_al l
promptly execute and comDiv with all laws, ordinances,
regulations and requirements of any or all federal, state
and municipal authorities having jurisdiction over the
manner in which the Tenant's business is conducted.
17. NEW CONSTRUCT ON BY LANDLORD. The Landlord
shall begin promptly the work called for on the specifica-
tions attached as Exhibit "B" no later than. September 1,
1990, and shall complete same in a neat and workmanlike
manner and in comoliarce with said specifications. The
Tenant shall not be deemed to ha--e received actual pos-
session of the premises until- all such work has been satis-
factor-41 completed, anc the Landlord covenants that all
such work shall be carried out in accordance 4:~th the
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recu_rements, orders and limitations of all local, state or
federal departments or bureaus having jurisdiction therein,
and u-,= completion the premises shall be in compliance with
all covernmer.tal reGUirements for the use which the Tenant
may make of them. All permits and licenses and the neces-
sary insurance required in connection with the above work
are to be obtained and paid for by the Landlord.
18. WORK SPECIFICATIONS. The specifications and
drawing hereinbefore referred to have been initialed by the
parties for identification and are annexed to and hereby
made a part of this lease.
19. TAXES AND COMMON EXPENSES. Tenant will pay
its oro-rata share (based upon a scuare-feet allocation) of
parking lot maintenance and snow removal, and Tenant will
pay its pro-rata share of taxes if an exemption cannot be
obtained from Eagle Ccuntv.
20. NO ORAL MODIFICATION. This lease may not be
modified except by an instrument in writing, signed by the
parties hereto, their heirs, legal representatives, succes-
sors or assigns.
21. NO FORFEITURE. Breach of anv covenant of
this lease shall not entitle Landlord to a forfeiture of the
term hereof. However, in the event of any breach of any
covenant of this lease by a sublessee or assignee of Tenant,
Landlord may, after demand on Tenant to do se, enforce the
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terms hereof or evict such sublessee or assignee from the
premises.
22. SUCCESSORS BOUND. The covenants and agree-
ments contained in this lease shall inure to the benefit of
and be binding on the parties hereto, their heirs, legal
representatives, successors, or assigns.
IN WITNESS WHEREOF the parties hereto have execut-
ed this lease the day and year first above written.
A DES
Secretary
CITY MARK-T, INC.
By:
It President
TOWN OF AVON
B
_ ayor
Subscribed and sworn to before me this
day of m Q/i.c.h , 1990 , by 4Eo r~2~N~r P
as President, and AAt7;r vy F, t~,ei.~S iE
as Secretary of CITY MARKET, INC.
My commission exaires : / 2
Witness my hand and official seal.
Notary Public
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STATE OF COLORADO )
ss.
COUNTY OF )
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
ubscr_bed and sworn to before me this
11
day of 19 q
C by Allan R.
Nottingham, as Maj r, and Patricia J. Doyle, as Town Clerk,
of the TOWN OF AVON.
My commission expires:
6/a~ /q/
Witness my hand and official seal.
Inrv
Notiry Public
N2021990
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EXHIBIT A
18' k 32'
PRODUCE COOS
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FOYER
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WOMEN
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RESORT
A.SSCC.'A 90N
993sf
OFFI
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O
0
0 AVON RENTAL ADDITION
T #126
R A D O 2-27.4. 3.113 R VISED
3-1 90
3-20-10
EXHIBIT B
AVON RENTAL ADDITION FINISHES
EXTERIOR:
1. Painted block walls to match existing.
2. Double doors to be aluminum framed glass, Kawneer 190,
or equivalent, set in aluminum frames.
3. Windows to be Fixed Thermal Pane in aluminum frames.
4. Sidewalk and parking plan to be generated by architect.
INTERIOR: Offices, work areas and hallway;
1. Walls - painted gypsum board, painted exposed block.
Tenant selects paint color.
2. Ceilings - 2' x 4' acoustical ceiling panels in exposed
grid system at 9'.
3. Floors - Carpet by Armstrong, Commendation III, or
equivalent. Color - Selected by tenant.
4. Doors - Foyer: Aluminum framed glass, Kawneer 190, or
equivalent, set in aluminum frame.
Delivery: 3° x 7° Hollow Metal in H.M. Frame
Balance of interior doors: Hollow core wood set in
hollow metal frames.
All doors to be equipped with Schlaage locksets.
5. Drinking fountain: Oasis Simulated Semi-recessed, Model
ODP7SM.
6. Electrical baseboard heat as specified by Electrical
Engineer.
7. Lighting is 2' x 4' lay-in fluorescent light fixtures
as specified by Electrical Engineer.
8. Electrical outlets as shown on drawing, 4 duplexes per
20 amp circuit.
9. Circulation counter provided and installed by tenant.
10. Ventilation by attic exhaust with thermometer.
Continued
Exhibit B coi rued
Page 2
Restrooms:
1. Walls - Painted gypsum board.
Handicap stall to have grab bar.
2. Ceilings - 2' x 4' acoustical ceiling panels in exposed
grid system at 9'.
3. Floors - 12" x 12" 1/8" Vinyl Composition Tile as manufactured
by Armstrong, Excelon.
4. Doors - Hollow core wood set in hollow metal frames, with
passage door sets.
5. Fixtures - Mirror, towel dispenser, soap dispenser, Ekkay
#CR3-1721 sink and a B-288 stainless steel toilet tissue
dispenser in each compartment.
6. Hot water heater - 6 gallon mounted under counter of the
Men's vanity to supply both restrooms.
7. Water closets - Kohler Corwyn #K-4400-ET siphon-jet, elongated
bowl with back open front seat.
8. Urinal - Kohler Stanwell #K4970 T 18".
9. Toilet partitions are Bobrick 1041 series.
10. Electrical baseboard heat as sepcified by Electrical Engineer.
11. Lighting is 2' x 4' lay-in fluorescent light fixtures as
specified by Electrical Engineer.
NOTES:
Note 1 - Tenant may apply Landlord's cost of above finishes instead
as partial payment for upgrades, if Tenant gives Landlord
written notice of such upgrades by May 1, 1990, and if
Tenant consents to pay remaining cost of such upgrades.
Note 2 - Architect shall review options available for substituting
gas-fired heating system at cost similar to the electric
baseboard heat proposed.
Note 3 - Tenant shall provide exterior freestanding and/or building
signs to be installed on south side of building near entrance.
Landlord shall install spotlights for illumination of those
signs. Tenant's signs shall not reduce amount of signage
otherwise available to Landlord.
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE
12TH DAY OF November, 1991, AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 91-6, SERIES OF
1991:
AN ORDINANCE CONCLUDING A.LEASEHOLD AGREEMENT PURSUANT TO
SECTION 14.9 (a) OF THE CHARTER OF THE TOWN OF AVON.
A copy of said Ordinance is attached hereto, and is also on
file at the office of the Town Clerk, and may be inspected
during regular business hours.
Following this hearing the Council may consider final passage
of this Ordinance.
This notice is given and published by order of the Town
Council of the Town of Avon, Colorado.
Dated this 23rd day of October, 1991.
TOWN OF AVON, COLORADO Ix A, L'i~
BY:
Patty Ney art
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON OCTOBER 23, 1991:
THE AVON POST OFFICE IN THE MAIN LOBBY
THE CITY MARKET IN THE MAIN LOBBY
THE COASTAL MART, INC.; AND
THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY