08-01-1994 Helmut LilischkiesLEASE
THIS LEASE (the " LaIefcindividuall (tLessoofAugust, 1994,
is by and between HELMU T LILISCHKES an
"),and
Town of Avon--., ( "Lessee ").
For and in consideration of the covenants and agreements herein contained,
Lessor_ and Lessee hereby agree as-follows:
1. DEMISE OF PREMISES. Lessor hereby leases to Lessee, and Lessee hereby
leases from Lessor, the Yacant real property owned by Lessor known as Lot 61,
Block 2, Benchmark at.Beaver Cree.k, Town of Avon, County of Eagle, State of
Colorado (the "Premises ").
2. TERM.' The "Term" of this Agreement shall commence on the effective
date hereof, and shall terminate on July 31, 1995, unless sooner terminated as
provided herein.
3. RENT. In consideration of the Tease of the PremiseF as set forth
herein, Lessee agrees to pay Lessor as follows: $4,162.07 Annual Rent,
payable in 12 monthly installments of $346.83 each.
4. USE. Lessee shall. use and occupy the Premises only for the purpose
of vehicular parking for its employees, guests and buses. All such usage.shall
be subject to any reasonable rules and regulations that Lessor shall from time
to time adopt. Lessee shall not use or permit the Premises to be used for any
purposes other.than as set forth above or any use prohibited by any federal,
state, county or municipal law, ordinance, rule, regulation or 'code specifically
permitted by this Lease. Lessee shall use the-Premises only in a careful, safe
and proper manner. Lessee, at its sole expense, shall comply with all laws,
orders and regulations of all federal, state, county and municipal authorities,
and with any direction of any public officer or officers, pursuant to law, which
shall impose any violation, order or duty upon Lessor or Lessee with respect to
the Premises, or the use or occupation thereof. Lessee shall make no alterations,
additions or improvements to the Premises except that Lessee may, at its own
expense, plow snow from the Premises from time to time.
5. EMINENT DOMAIN.
(a) If so much of the Premises as shall render the Premises untenable
shall be taken by right of condemnation or eminent domain, then the term of this
Lease shall automatically terminate as of the date of such taking.
(b) In the event of termination of this Lease pursuant to this
paragraph-5, Lessee shall promptly surrender to Lessor the Premises and all
interest therein under this Lease, and Lessor may re -enter and take possession
of the Premises and remove Lessee therefrom.
6. ASSIGNMENT AND SUBLETTING. Lessee shall not assign, convey, mortgage,
hypothecate or encumber this Lease or any interest herein or sublet all or any
part of the Premises, or suffer or permit the Premises or any part thereof to
be used by anyone for any other than as provided herein.
1 ,
7. INJURY TO PERSON OR PROPERTY. Lessee covenants and agrees that Lessor,
its agents, servants and employees shall not at any time or to any extent
whatsoever be liable, responsible or in any way accountable for any loss,
injury, death or damage to persons or property or otherwise which at any time
may arise in connection with the Premises or be suffered or sustained by
Lessee, its agents, servants, representatives, members, guests, invitees or
employees, or by any purpose whatsoever, whether such loss, injury, death or
damage shall be caused by or in any way result from or arise out of any act,
omission or negligence -of Lessee, its agents, servants or employees or of any
visitor or use of any portion of the Premises or by the loss or destruction by
any person of any vehicle, personalty or valuables, or any other property kept
or stored on or about the Premises or by any other matter or thing unless
resulting solely from the negligence or misconduct of Lessor, its agents,
servants or employees.
8. END OF TERM. Upon the expiration or earlier termination of this Lease,
Lessee shall promptly quit and surrender to Lessor the Premises, in good order
with all vehicles and personalty removed. Lessee shall fully repair any damage
occasioned by the removal of any vehicles and /or personalty. All vehicles and
personalty not so removed shall conclusively be deemed to have been abandoned
and may be appropriated, sold, stored, destroyed, or otherwise disposed of by
Lessor without notice to Lessee or any other person and without obligation to
account therefore and Lessee shall pay Lessor all expenses incurred in connection
with the disposal of such property, including, but not limited to, the cost of
repairing any damage to the Premises caused by removal of such property.
Lessee's obligation to observe and perform this covenant shall survive the
expiration or other termination of this Lease: Either party shall have the
right to terminate this Lease with or without. cause at any time by giving the
other party ten days' prior written notice of termination.
9. NO REPRESENTATIONS BY LESSOR: ENTIRE AGREEMENT. Lessor and Lessor's
agents have made no representations, warranties, agreements or„ promises with
respect to the Premises, except such as are expressed herein. The entire
agreement of the parties is contained herein, and there are no promises,
agreements, representations, warranties, conditions or understandings, whether
oral or written, between them other than as are 'herein set forth.
10. MISCELLANEOUS.
(a) If any clause or provision of this Lease shall be held to be
invalid in whole or in part, then the remaining clauses and provisions, or
portions thereof, shall nevertheless be and remain in full force and effect.
(b) No amendment, alteration, modification of or addition to this
Lease shall be valid or binding unless expressed in writing and signed by the
parties to be bound thereby.
(c) The captions of each section are added as a matter of convenience
only and shall be considered of no effect in the construction of any provision
of this Lease.
_ I
(d) If any party hereto shall bring any suit or action against another
for relief, declaratory or otherwise, arising out of this Agreement, the pre-
vailing party shall have and recover against the other party, in addition to
all court costs and disbursements, such sum as the Court may adjudge to be a
reasonable attorney's fee.
(e) This Lease shall be governed by-and interpreted in accordance
with the laws of the State of Colorado.
(f) Any and all warranties, provisions, rights and obligations of the
parties herein described and agreed to be performed subsequent to the termination
of this Lease shall survive the termination of this lease.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of
the respective dates set forth below to become effective as of the day and year
first set forth above.
HELMUT LILISCHKIES,
an individual
Date:
Helmut Lilischkies, Lessor
Address:
Town of A - Lessee
Address: P.O. Box 975
Avon, Colorado 81620
LEASE
THIS LEASE (the "Lease "), made effective the 1st *day of August, 1993,
is by and between HELMUT LILISCHKIES, an individual ( "Lessor "), and
Town of Avon , ( "Lessee ").
For and in consideration of the covenants and agreements herein contained,
Lessor and Lessee hereby agree as-follows:
1. DEMISE OF PREMISES. Lessor hereby leases to Lessee, and Lessee hereby
leases from Lessor, the vacant real property owned by Lessor known as Lot 61,
Block 2, Benchmark at*Beaver Creek, Town of Avon, County of Eagle, State of
Colorado (the "Premises ").
2. TERM. The "Term" of this Agreement shall commence on the effective
date hereof, and shall terminate on July 31, 1994:, unless sooner terminated as
provided herein.
3. RENT. In consideration of the lease of the Premise- as set forth
herein, Lessee agrees to pay Lessor as follows: Ten monthly payments of $339.04
and two monthly payments of $339.05.
4. USE. Lessee shall use and occupy the Premises only for the purpose
of vehicular parking for its employees, guests and buses. All such usage shall
be subject to any reasonable rules and regulations that Lessor shall from time
to time adopt. Lessee shall not use or permit the Premises to be used for any
purposes other than as set forth above or any use prohibited by any federal,
state, county or municipal law, ordinance, rule, regulation or code specifically
permitted by this Lease. Lessee shall use the Premises only in a careful, safe
and proper manner. Lessee, at its sole expense, shall comply with all laws,
orders and regulations of all federal, state, county and municipal authorities,
and with any direction of any public officer or officers, pursuant to law, which
shall impose any violation, order or duty upon Lessor pr Lessee with respect to
the Premises, or the use or occupation thereof. Lessee shall make no alterations,
additions or improvements to the Premises except that Lessee may, at its own
expense, plow snow from the Premises from time to time.
5. EMINENT DOMAIN.
(a) If so much of the Premises as shall render the Premises untenable
shall be taken by right of condemnation or eminent domain, then the term of this
Lease shall automatically terminate as of the date of such taking.
(b) In the event of termination of this Lease pursuant to this
paragraph 5, Lessee shall promptly surrender to Lessor the Premises and all
interest therein under this Lease, and Lessor may re -enter and take possession
of the Premises and remove Lessee therefrom.
6. ASSIGNMENT AND SUBLETTING. Lessee shall not assign, convey, mortgage,
hypothecate or encumber this Lease or any interest herein or sublet all or any
part of the Premises, or suffer or permit the Premises or any part thereof to
be used by anyone for any other than as provided herein.
7. INJURY TO PERSON OR PROPERTY. Lessee covenants and agrees that Lessor,
its agents, servants and emp oyees s all not at any time or to any extent
whatsoever be liable, responsible or in any way accountable for any loss,
injury, death or damage to persons or property or otherwise which at any time
may arise in connection with the Premises or be suffered or sustained by
Lessee, its agents, servants, representatives, members, guests, invitees or
employees, or by any purpose whatsoever, whether such loss, injury, death or
damage shall be caused by or in any way result from or arise out of any act,
omission or negligence.of Lessee, its agents, servants or employees or of any
visitor or use of any portion of the Premises or by the loss or destruction by
any person of any vehicle, personalty or valuables, or any other property kept
or stored on or about the Premises or by any other matter or thing unless
resulting solely from the negligence or misconduct of Lessor, its agents,
servants or employees.
8. END OF TERM. Upon the expiration or earlier termination of this Lease,
Lessee shall promptly quit and surrender to Lessor the Premises, in good order
with all vehicles and personalty removed. Lessee shall fully repair any damage
occasioned by the removal.of any vehicles and /or personalty. All vehicles and
personalty not so removed shall conclusively be deemed to have been abandoned
and may be appropriated, sold, stored, destroyed, or otherwise disposed of by
Lessor without notice to Lessee or any other person and without obligation to
account therefore and Lessee shall pay Lessor all expenses incurred in connection
with the disposal of such property, including, but not limited to, the cost of
repairing any damage to the Premises caused by removal of such property.
Lessee's obligation to observe and perform this covenant shall survive the
expiration or other termination of this Lease: Either party shall have the
right to terminate this Lease with or without -cause at any time by giving the
other party ten days' prior written notice of termination.
9. NO REPRESENTATIONS BY LESSOR: ENTIRE AGREEMENT. Lessor and Lessor's
agents have made no representations, warranties, agreements or, promises with
respect to the Premises, except such as are expressed herein. The entire
agreement of the parties is contained herein, and there are no promises,
agreements, representations, warranties, conditions or understandings, whether
oral or written, between them other than as are herein set forth.
10. MISCELLANEOUS.
(a) If any clause or provision of this Lease shall be held to be
invalid in whole or in part, then the remaining clauses and provisions, or
portions thereof, shall nevertheless be and remain in full force and effect.
(b) No amendment, alteration, modification of or addition to this
Lease shall be valid or binding unless expressed in writing and signed by the
parties to be bound thereby.
(c) The captions of each section are added as a matter of convenience
only and shall be considered of no effect in the construction of any provision
of this Lease.
(d) If any party hereto shall bring any suit or action against another
for relief, declaratory or otherwise, arising out of this Agreement, the pre-
vailing party shall have and recover against the other party, in addition to
all court costs and disbursements, such sum as the Court may adjudge to be a
reasonable attorney's fee.
(e) This Lease shall be governed by and interpreted in accordance
with the laws of the State of Colorado.
(f) Any and all warranties, provisions, rights and obligations of the
parties herein described and agreed to be performed subsequent to the termination
of this Lease shall survive the termination of this lease.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of
the respective dates set forth below to become effective as of the day and year
first set forth above.
HELMUT LILISCHKIES,
an individual
Date:
Helmut Lilischkies, Lessor,
Address: 2575 Davos Trail
Vail, Colorado 81657
Town of A*o�Lessee
Address: P.O. Rnx q75
Avon, Colorado 81620