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HomeMy WebLinkAboutAuthorization (copy of lease)CCiAMERCUL REAL ESTATE LEASE This Lease Agreement (this "L.,) is made effective as of November 20th, 2021 by and between James Raid - ServiceMaster, ("Landlord"), and Frank McSwain.—McSwain Construction, LLC ("Tenant"). The parties agree as follows. rnv�Ini .ISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant the commercial unit (the "Premises") located at 7094 Highway 82, Glenwood Springs CO 81,601. •t 11 1 1111 i I I.♦U �:.a-9 W� SMOKING. Smoking inside the commercial unit is prohibited. RENEWAL PERMS. The lease terms during any such renewal term shall be the same as those contained 'in this Lease. After the initial 24 months, if the Landlord decides to increase. the rent, the landlord will give the Tenant 30 days notice, of any such increase. If Tenant decides not to renew the lease, the Landlord -may list the property for sale or rent and Tenant agrees to accommodate the showing of the property. The Tenant will have the option to renew this lease if all conditions of this lease have ^een met and all lease payments have been made in a timelv manner. LEASE PAYIV7�NT8: %nam shall pay to Landlord monthly payments of $2,500 per month payable in advance on.the -1 st day deach calendar month due at the signing of the lease. Lease payments shall be made to the Landlord atP.O. Box 41.41 Eagle, CC 81631. A $10 per dary late fee will be assessed it rer is not jreceivedby the 10th of each calendar month. $25 will be charged if a check or deposit is returned by the bank for any reason.. POSSESSION. Tenant shall be entitled to possession 11120/21 at no charge forNovember and shall oit.to Landlord on the last day of the term of this Lease, unless otherwise agreed by both yield posse sic piesm wrttm$. USE OF PREiVIISF.SIA LACES. Tenant shall occupy and use the Premises as a commercial unit Tenant shall notify Landlord of.any anticipated extended absence Wim the ses for anvmprohibited by ur& not later an the first day of the extended absence• Tenant v+ri11 plot use the premi , purposes9 which said laws. of the "United Stateises s or the State of. Colorado or the ordinances whatser. Tennant also agrees that aremt no are located, and for no improperor questionable purposes • _,. _r _.....,,woe anti ensures that i one wilt lives m* ur�.i consent take any AI,'tERATION5 & �RI3ITIQNS. Tenarn shall not, withollatioons, in oz aboirt the 1?remises. Tenant installations, alterations, improvements, additions or utility ' gs or structures shall make no change or alteration to the exterior of e�Premis� which shall not , nor to any of �unreasonmably be located in the Proj� without Landlords prior written w'thheld. If Landlord A 11 give its consent, the consent,shall be deemed conditioned upon Tthereof to t nate govemmental agencies, the Tfurn�sht of all conditions of said �coulmg a permit to do so from app pwork and ihe , the term t Utility installationf shall :,andlord prior to the commencement of the, anner. use in this compliance by heating and permit in:a prompt.and �cpeciitious m tams, space heaters, air conditionmg> mean, air lines, power Panels, electrical distribution systems, or all of said alterations, improvements, plumbing. Landlord may require that Tenant remove any awned by Tenairt, � � expiration.of the term, and restore the additions or utility installations, p� require Tenant to provide Landlord, at Tenant's sole cost premises to their prior condition, Landlord may e4 equal to one and one-hW W�2) t'mes the and expense, a lien and complet'on bond in any amount eq for mechanics and material estimated cost of such improvements, do insum Landlord against any liability. ons p�emems, approval of Landlord, Landlord may require that Tenant mens liens and to insure completion of work- men ork. Should Tenant make any alterations additions or, utility installations without the Arlo app remove any or all of the same. REMOVAL OF TENNANT IlVg"ROVEMENTS. On the last day of the term hereof or on any sooner -e mmanom Tenant shall surrender the Premises to Landlord in the same condition received, ordinary near ana tear executed, clean and free of debris. Upon termination of the Lease term, all Landlord and Tenant installed tenant improvements shall become a part of therPrem,ises, which Tenant shall not remove unless said improvements are Tenant's trade fixtures, furnishing and equipment, in which case Tenant shall repair any damage to the Premises occasioned by the installation and removal of its trade fudures. Tenant shall leave power and telephone panels, electrical, telephone and television distribution systems, lighting fixtures, heating and air conditioning systems, plumbing *in good operating condition. 3EIl1ioIIR5EMEN'T. Landlord shall. reunbnrse Tenant for the expenses of any repairs or emergency work performed which the Tenant may require to make which are occasioned by the acts or negligence of Landlord, its agents, employees, invitees or licensees and Tenant shall reimburse Landlord for any expenses of any repair which Landlord may be required to make which the acts or negligence occasions of Tenant; its agent, employees, invitees or licensees; provided,.however, that the responsible party must be given -notice of the maintenance or repair item and a reasonable tine'to repair. the same before the :iher narty shall be entitled to verform the necessary maintenance or --repair. PROPERTY INSURANCE. Tenant sha11 az Tenant's expense obtain and keep in force during the term'oftbis Lease a, policy ofFirelnsurance covering PM or damage to the Premises, its tenant improvements, furniture, fixtures and equipment,& Inventory in the Premises, with the extent of at least 8Q%m of their insurable value the proceeds of which will, so long;as the Lease is in.effect, be used for the repair or repiace�ment of the properties so insured: Itis understood that the Landlord shall have no interest -3 such insurance and will sign all documents necessary and proper in connection with the settlement of env claim or loss by Tenant. Landlord shall be a named additional insured& y'TON APPRO'VA1,S. Tenant shall not erect or install any other exterior or interior window or door signs, advertising media„ window or door lettering, or placards therein inferred to as Signs) without Landlord's written consent. Tenant agrees to in at least one exterior Sign that shall be m strict conformance with landlord's. sign criteria as to design, material, colors, location, size and style of atterinst. The cost shall .be the: Tenant's sole expense. Tenant shall not install any exterior. lighting! ake any changes to the exterior of the Premises without Landlord's seeoration; painting, awning,or m written consent, ptpvidahowever, that Tenant shall have the right to install. a reasonable number of exterior Eights sufficient to provide security for Tenant and his employees. Under no circumstances shall Tenant place any Sign, on any tgof of the Premises or project. There shall be no newspaper sales dLIMISM or other vending.machines on the exterior of the Premises, unless approved in writing by roved said newspaper sale dispensers, Landlord may revoke such Landlord_ In the event Landlord has app. upprovai at any time, without prior_ notice to Tenant. All Signs must comply with the rules and regulations �i tfie jurisdiction in which the Premises resides, the county of Summit or the P.U.D regulations. DEFAULTS. Tenant shall be in default of this Lease, ir security dfails to o 00 �1 be forfeited. obligation r term by which Tenant is bound If Tenant defaults, ranCOseposit m c ureany fin al obligation Subject to any governing provisions of law to the contrary,. if or other obligation within 30 days) after written notice of such default is provided by wiibin .1 o days (. any session of the Premises without further notice (to the extent Laudlordto Tenant Landlord may take pos emitted by law), grid without prejudicing Landlord's rights to damages. In the alternative, Landlord to Tenanfs may elect to cure any default and the financial obligations cost of such action shall be added unasonable attorney fees under this Lease. Tenant shat[ d b reason�of Tenaages�nt's defaults, All sums of money or charges and expenses) suffered by Lan Y required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". ant contains the entire agreement of the EN,TME AGREEMENTlAMENDMENT. This Lease Agreem ent whether oral or written. This Parti es and there are no other promises or conditions in any other agreem ed byme Park' obligated under the Lesse may be modified or amended in writing, if the writing is sign amendment. . `E��12ABII.1fiY. If any laortion of this Lease shall be held to be iirvaiid or unenforceable for any ��ason. the remaining provisions shall continue to be valid and enforceable, if a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be writteq construed, and enforced as so 1vnited. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of 'olorado. ADDI'T'IONAL PROVISIONS, REPAIRS/iVSA�11`LNAN�E. Tenant -shall Keep improvements upon the premises in goo_ repair, and at the expiration of this lease surrender the premises in as good a condition as when the Tenant entered the premises. Tenant shall keep all exterior premises free from all Inter, dirt, debris and obstructions. UTILITIES. Tenant shaIl pay gas, electric, &telephone and snow removal. Landlord pays far office trash, water, association fees, and property. taxes. INSPEG"TION. Tenant agrees to Landlord's option to inspect the property during the term of chis lease with reasonable notice.. DEPOSIT. The�security deposit in the amount of $2,540 shall be returned to the Tenant, or written accounting made therefore, fisting the. exact reasons for the retention of any portion of the deposit, �rithiia sixty (34) days, after terininatian bf the tease, or surrender and acceptance of the premises. AYPRUVALS. Aixy changes andlor additions to the premises, interior or exterior, must be ;npraved by the Landlord prior to any work being started. Landlord shall not paint, paper or make iterations to the premises without the prior written consent of the Landlord. SURRENDER DR PROPERTY. Upon surrender of the premises at lease end, the tenant shall hSVe �1e professionally cleaned or may have the optica of deducting the cleaning fee from the security deposit LANDLORD: :aures DATE: ti zo �2 t Landlord allows tenant to sublet space DATE: 11.20.21 with Landlord's prior written�_c, t