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02-27-1990 City Market LeaseSUBLEASE AGREEMENT Agreement of Sublease, made the 27th day of February , 1990 , between CITY MARKET, INC., a Colorado corporation, having its principal office at Box 729, Grand junction, Colorado, hereinafter referred to as Landlord, and TOWN OF AVON, a municipal corporation, having its principal office at P. 0. Box 975, Avon, Colorado, hereinafter referred to as Tenant, WITNESSETH, that the Landlord does hereby demise and lease to the Tenant the space outlined on the drawing attached as Exhibit "A" being a portion of an addition to be constructed onto the existing City Market building located in the Town of Avon, County of Eagle and State of Colorado. Said demised premises shall contain. approximately 5,000 square feet of door space. The demised premises shall be for the exclusive use of the Tenant, its agents, servants and invitees for any lawful purpose, upon the following terms, covenants and conditions: 1. TERM. The term of this lease shall be five (5) years commencing the date of delivery of possession. 2. PENT. The Tenant shall pay as rent the sum of ONE HUNDRED FIFTY -SIX THOUSAND FOUR HUNDRED FORTY DOLLARS ($156,440), which shall be due on the date of delivery of possession. 3. REPAIRS; REMEDIES OF TENANT FOR LANDLORD'S DEFAULT; HEAT; UTILITIES. The Tenant shall make necessary A� minor repairs to the interior of the premises. The Landior3 shall make all other repairs including structural repairs, repairs to the exterior of the premises including the roof, skylights, sidewalks and parking areas, and repairs to the electrical, plumbing, heating, air conditioning, sprinkler and hot water systems. The Landlord shall also make any repairs necessitated by water seepage 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 contemplated comply with appli- cable laws, ordinances, orders or regulations of any feder- al, state, county or municipal authorit,T now or hereafter in effect, and so long as the premises remain in good repair and no negligence is co= itted by the Landlord, the Landlord shall have no liability to Tenant for any injury or damage occurring on or about the premises. However, if the Land- lord shall fail, within a reasonable time after request therefor, to make such repairs or changes, or repairs necessitated by fire or other casualty, or if such changes or repairs are negligently made, then (a) the Landlord shall be liable for any damages to property or loss thereby sustained by the Tenant, and (b) the Tenant may have such repairs or changes made, or may have such repairs or changes which were negligently made corrected at the expense of the Landlord. The Tenant, whenever the weather shall require, shall heat the premises. The Tenant shall pay all charges - 2 - ,J for water, electricity and gas supplied to the premises. Meters shall be installed by the Landlord to measure the Tenant's use o= such utilities. 4. ASSIGNMENT OR SUBLETTING. The Tenant may assign or sublet the demised premises or any part thereof fcr the purposes herein permitted or for any other lawful business not extra - hazardous on account of fire without relieving the Tenant from the obli —=tions hereunder; provid- ed, no such assignment or subletting shall alter any term hereof. 5. DESTRUCTION BY FIRE OR OTHER CASUALTY. If during or prior to the terms hereby granted, the premises shall be damaged or destroyed 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 repair or restore the demised premises at the Landlord's expense and as promptly as possible, and the rent shall be abated in an amount corresponding with the time during which and the extent to which the premises have been untenantable. - 3 - r-e 6. RIGHT OF LANDLORD TO ENTER. The Landlord may enter the demised premises during all reasonable business hours to inspect the same or to exhibit the premises to prospective tenants. 7. QUIET ENJOYMENT. The Landlord warrants and covenants that the premises may be used for the purposes herein contemplated throughout the term of this lease and any extensions thereof. The Tenant shall quietly enjoy the premises for the full term herein granted. 8. TITLE OF LANDLORD. The Landlord covenants and warrants it has full right and lawful authority to enter into this lease for the full term herein granted and that it is not in breach of any term of the lease as to which it is lessee and that during the term herecf it will fully and promptly perform all the terms and conditions of said lease. 9. SUBORDINATION. 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 judgment of the Tenant, better adapt the same for the purpose of its - 4 - business. The Tenant may make structural alterations or ad- ditions only with the Landlord's approval, which approval the Landlord will not unreasonably withhold or delay. Tenant agrees to indemnify Landlord against any mechanic's liens arising out of any improvements made 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 T` -TURFS . The Tenant shall have the privilege at any time on or before vacating the premises of 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. NOTICES. Anv notice or demand, which, under the terms of this lease or by any statute or ordinance, must or may be given 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 - 5 - r office hereinabove mentioned, or to such other address as such party may from time to time designate by notice. 15. FIRE INSURANCE. The Landlord will insure the premises against fire loss by policies with extended cover- age; and the Tenant shall not be liable for injury 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 insurer for reimbursement and not the Tenant, e::cept in the case of the negligent or intentional acts of the Tenant or its employees to the extent the same are not barred by the Colorado Governmental Immunity Act. 16. CONPLIAYCE• WITH LAWS, The Tenant shall promptly execute and comply 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 CONSTRUCTION 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 compliance with said specifications. The Tenant shall not be deemed to have received actual -,)os- session of the premises until all such work has been satis- factorily completed, and the Landlord covenants that all such work shall be carried out in accordance with the - 6 - requirements, orders and limitations of all local, state or federal departments or bureaus having jurisdiction therein, and upon completion the premises shall be in compliance with all governmental requirements 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 pro -rata share (based upon a square -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 County. 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 any 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 so, enforce the - 7 - terms hereof or evict such sublessee or assignee from the premises. 22. SUCCESSORS BOU1D. 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 E S - : J� J Secretar- TE CJ Town Clerk STATE OF COLORADO ) ss. COUNTY OF ) CITY MARKET, INC. i4ll D° President TOWN OF AVON B_V Mayor Subscribed and sworn to before me this 7 day of Ii7CtiL -�� 19 �, C� by as President, and A,,l Tlye;./ci T'le as Secretary of CITY MARKET, INC. My commission expires: /'�:? -01._3 �5j-)- Witness my hand and official seal. Notary Public STATE OF COLOPADO ) ) ss. COUNTY OF EAGLE ) Pu scribed and sworn to before me this Z day of 19_x, by Allan R. NottingiTam, as Major, and Patricia J. Doyle, as Town Clerk, of the TOWN OF AVON. N2021990 My commission expires: Witness my hand and official seal. Zla# Not ry Public N i Z O � � Z F W r� V' N N of u 0 O Ci o O of a � MEN ni r� I'li QQ � WOMEN W ao OFFICE D 18' x 32' PRODOCE COOLER OFFICE 0 T #126 RADO J USP.ARY 3,512sf 5 CIRCULATION COUNTER db < IJ �— n- rOYER CFFICE � a 3 STORAGE ,rF!CC I n RESORT 4SSCC!.4 ?,ON 993 s EXHIBIT A O O �� AVON RENTAL A.DDIT& 2 -27. 9C 3,113 sf R�StG 3- -2G -9G 1 r=te: 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 c �inued 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.