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Town Council Resolution 64 1983TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 64 SERIES OF 1983 A RESOLUTION AUTHORIZING THE RENEWAL OF A SUBLEASE FOR OFFICE SPACE IN THE SNOWMASS CENTER BETWEEN THE TOWN OF SNOWMASS VILLAGE, COLORADO AND PARMELEE AND COMPANY, INC. WHEREAS, the Town of Snowmass Village and Parmelee and Company, Inc. have entered into negotiations for the renewal of a sublease of office space on the third floor of the Snowmass Center presently being used for Town administrative and police departments. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One. That the Sublease Agreements attached hereto and made a part hereof by this reference, between the Town of Snowmass Village, Colorado and Parmelee and Company, Inc. is hereby approved and the Mayor is authorized to execute the same on behalf of the Town. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado, on this 29th day of August, 1983, by a vote of 6 to 0 Councilmember Bedford was absent. TOWN OF SNOWMASS VILLAGE, COLORADO By:.- Jeffe Tippett, Mayor AT T: z�w 6avt-4"�� Susan Garrision, Town Clerk SUBLEASE THIS SUBLEASE dated this 1st day of September, 1983, between PARMELEE AND COMPANY, INC., a Colorado corporation, Box 5800, Snowmass Village, Colorado 81615 (hereinafter called the "Lessor"), and Town of Snowmass Village, Box 5010, Snowmass Village, Colorado 81615 (hereinafter called the "Lessee"). The Lessor hereby lets to the Lessee and Lessee hires from the Lessor the following described premises: approximately 869 square feet of office space located in Snowmass Center, Spaces 301 and 302 A,16 Kearns Road, Snowmass Village, Colorado (hereinafter called the "premises"), for a term commencing on the 1st day of September, 1983, and continuing until the 3rd day of April, 1989, and the Lessee hereby covenants, as follows: 1. Payment of Rent. To pay the rent as herein set forth to Lessor. 2. Repairs. At Lessee's expense, to keep the premises in good repair, ordinary wear and tear, repairs to the roof, exterior of the building and structural repairs excepted, unless such repairs are made necessary by the act or negligence of the Lessee and, at the expiration of the term, to remove its goods and effects and peaceably yield up the premises to the Lessor in as good a condition as when delivered to the Lessee, ordinary wear, damage by fire, the elements, act of the public enemy or casualty excepted, all notices to quit or vacate being hereby expressly waived, any law, usage or custom to the contrary notwithstanding. 3. Compliance With Regulations. To comply promptly with all laws, ordinances, requirements and regulations of the federal, state, county, munici- pal and other authorities, the fire insurance underwriters and any insurance organizations or associations, except that Lessee shall not be required to make any alterations to the exterior of the building or alterations of a structural nature. 4. Assignment. That the Lessee will not make or permit to be made any alterations or additions to the premises or assign, mortgage or pledge this Lease or sublet the whole or any part of the premises without the Lessor's written consent. Consent by the Lessor shall apply solely to the particular transaction consented to and shall not constitute a waiver by the Lessor of the provisions of this Lease. 5. Insurance. The Lessee will not leave the premises unoccupied during the term or, by any act of commission or omission, cause an increase in the rate of insurance or the cancellation of any insurance policy. Lessee shall purchase the following insurance: a. On account of bodily injuries to or death of one person, five hundred thousand dollars ($500,000.00). b. On account of bodily injuries to or death of more than one person as the result of any one accident or disaster, one million dollars ($1,000,000.00). C. On account of damage to property, two hundred fifty thousand dollars ($250,000.00). Lessee shall at all times during the term hereof keep in force at its own expense public liability insurance in the amounts indicated above, naming as insured both the Lessor and the Lessee. Lessee shall furnish to the landlord, within thirty (30) days after the Lessee receives notice of intention to deliver possession, copies of the policies or certificates of insurance evidencing coverages as indicated above. 6. Use. Lessee shall use the premises solely for Town of Snowmass Village Administrative and/or Police offices. 7. Rental. a. The Lessee shall pay to the Lessor as an annual rent for the term of this Lease an amount equal to the rent due from the Lessor pursuant to the Master Lease with the Snowmass Center Partnership, plus 10%, payable in equal monthly installments. Each payment shall be made on the first day of each calendar month during the term hereof. 8. Utilities. Lessee shall pay ninety percent (90%) of all utility bills accrued by Suites 301 and 302 representing the percentage of space occupied by the Lessee relative to the total amount of space contained in Suites 301 and 302. Lessee shall pay that portion of utilities including, but not limited to, water and sewer charges, trash removal charges, if any, electric and gas. 9. If Lessee fails to pay any rental installment by midnight of the fifth day following the day of the month such payment was due, Lessee shall add to that installment of rent an amount equal to four percent (4%) of that install- ment. If it is paid on the sixth day following the due date, the same sum shall be added for each day after the sixth day following the due date up to and including the day n which the installment is actually paid. Such amount shall N be deemed additional rental hereunder, and Lessee's failure to pay the same at the time the rental is paid shall mean that Lessee is still in default in the payment of the rent for that month. 10. Additional expenses. Lessee shall pay to the Lessor ninety percent (90%) of any additional expenses which the lessor incurs as a result of the Lessor's lease with Snowmass Center for the space known as Suites 301 and 302. 1.1. Sublease. This is a sublease, and the Lessor's interest in the premises is as a Lessee under a lease made with Snowmass Center dated April 3, 1979, a copy of which is attached hereto and incorporated herein by this refer- ence. This sublease is expressly made subject to all the terms and conditions of the underlying lease, and the Lessee agrees to use the premises in accordance with the terms of the underlying lease and not.do or omit to do anything which will breach any of the terms thereof. If the underlying lease is terminated, this sublease shall terminate simultaneously; and any unearned rent paid in advance shall be refunded to the Lessee, provided that such termination is not the result of a breach by Lessee of the within sublease. 12. The covenants and agreements contained herein are binding on the parties hereto and their respective successors, legal representatives and assigns. 13. The Sublease Agreement previously entered into by the parties on the 30th day of June, 1982, affecting the space described above is hereby canceled and terminated. Furthermore, PARMELEE received One Thousand Five Hundred Dollars ($1,500.00) on June 30, 1982, as a security deposit which shall be returned after the expiration of this Lease when PARMELEE RECEIVES HIS SECURITY DEPOSIT FROM THE Snowmass Center Partners. IN WITNESS WHEREOF, the parties have executed this Sublease on the day and year first above written. Byl TOWN OF SNOWMASS VILLAGE, COLORADO By: Jefferson ippett, Mayor 3 SUBLEASE THIS SUBLEASE dated this 1st day of September, 1983, between PARMELEE AND COMPANY, INC., a Colorado corporation, Box 5800, Snowmass Village, Colorado 81615 (hereinafter called the "Lessor"), and Town of Snowmass Village, Box 5010, Snowmass Village, Colorado 81615 (hereinafter called the "Lessee"). The Lessor hereby lets to the Lessee and Lessee hires from the Lessor the following described premises: approximately 380 square feet of office space located in Snowmass Center, Space 202 A, 16 Kearns Road, Snowmass Village, Colorado (hereinafter called the "premises"), for a term commencing on the 1st day of September, 1983, and continuing until the 30th day of April, 1989, and the Lessee hereby covenants, as follows: 1. Payment of Rent. To pay the rent as herein set forth to Lessor. 2. Repairs. At Lessee's expense, to keep the premises in good repair, ordinary wear and tear, repairs to the roof, exterior of the building and structural repairs excepted, unless such repairs are made necessary by the act or negligence of the Lessee and, at the expiration of the term, to remove its goods and effects and peaceably yield up the premises to the Lessor in as good a condition as when delivered to the Lessee, ordinary wear, damage by fire, the elements, act of the public enemy or casualty excepted, all notices to quit or vacate being hereby expressly waived, any law, usage or custom to the contrary notwithstanding. 3. Compliance With Re ulations. To comply promptly with all laws, ordinances, requirements and regulations of the federal, state, county, munici- pal and other authorities, the fire insurance underwriters and any insurance organizations or associations, except that Lessee shall not be required to make any alterations to the exterior of the building or alterations of a structural nature. 4. Assignment. That the Lessee will not make or permit to be made any alterations or additions to the premises or assign, mortgage or pledge this Lease or sublet the whole or any part of the premises without the Lessor's written consent. Consent by the Lessor shall apply solely to the particular transaction consented to and shall not constitute a waiver by the Lessor of the provisions of this Lease. 5. Insurance. The Lessee will not leave the premises unoccupied during the term or, by any act of commission or omission, cause an increase in the rate of insurance or the cancellation of any insurance policy. Lessee shall purchase the following insurance: a. On account of bodily injuries to or death of one person, five hundred thousand dollars ($500,000.00). b. On account of bodily injuries to or death of more than one person as the result of any one accident or disaster, one million dollars ($1,000,000.00). C. On account of damage to property, two hundred fifty thousand dollars ($250,000.00). Lessee shall at all times during the term hereof keep in force at its own expense public liability insurance in the amounts indicated above, naming as insured both the Lessor and the Lessee. Lessee shall furnish to the landlord, within thirty (30) days after the Lessee receives notice of intention to deliver possession, copies of the policies or certificates of insurance evidencing coverages as indicated above. 6. Use. Lessee shall use the premises solely for Town of Snowmass Village Administrative offices. 7. Rental. a. The Lessee shall pay to the Lessor as an annual rent for the term of this Lease an amount equal to the rent due from the Lessor pursuant to the Master Lease with the Snowmass Center Partnership, plus 10%, payable in equal monthly installments. Each payment shall be made on the first day of each calendar month during the term hereof. 8. Utilities. Lessee shall pay sixty percent (60%) of all utility bills accrued by Suite 202 representing the percentage of space occupied by the Lessee relative to the total amount of space contained in Suite 202. Lessee shall pay that portion of utilities including, but not limited to, water and sewer charges, trash removal charges, if any, electric and gas. 9. If Lessee fails to pay any rental installment by midnight of the fifth day following the day of the month such payment was due, Lessee shall add to that installment of rent an amount equal to four percent (4%) of that install- ment. If it is paid on the sixth day following the due date, the same sum shall be added for each day after the sixth day following the due date up to and including the day n which the installment is actually paid. Such amount shall 2 be deemed additional rental hereunder, and Lessee's failure to pay the same at the time the rental is paid shall mean that Lessee is still in default in the payment of the rent for that month. 10. Additional expenses. Lessee shall pay to the Lessor sixty percent (60%) of any additional expenses which the lessor incurs as a result of the Lessor's lease with Snowmass Center for the space known as Suite 202. 11. Sublease. This is a sublease, and the Lessor's interest in the premises is as a Lessee under a lease made with Snowmass Center dated April 3, 1979, a copy of which is attached hereto and incorporated herein by this refer- ence. This sublease is expressly made subject to all the terms and conditions of the underlying lease, and the Lessee agrees to use the premises in accordance with the terms of the underlying lease and not do or omit to do anything which will breach any of the terms thereof. If the underlying lease is terminated, this sublease shall terminate simultaneously; and any unearned rent paid in advance shall be refunded to the Lessee, provided that such termination is not the result of a breach by Lessee of the within sublease. 12. The covenants and agreements contained herein are binding on the parties hereto and their respective successors, legal representatives and assigns. 13. The Sublease Agreement previously entered into by the parties on the day of , 198_, affecting the space described above is hereby canceled and terminated. IN WITNESS WHEREOF, the parties have executed this Sublease on the day and year first above written. 1 AND COMPANY, INC. e Narmelee, Presiden TOWN OF SNOWMASS VILLAGE, COLORADO By. Jeffe son Tippett, Mayor 0 SUBLEASE THIS SUBLEASE dated this 1st day of September, 1983, between PARMELEE AND COMPANY, INC., a Colorado corporation, Box 5800, Snowmass Village, Colorado 81615 (hereinafter called the "Lessor"), and Town of Snowmass Village, Box 5010, Snowmass Village, Colorado 81615 (hereinafter called the "Lessee"). The Lessor hereby lets to the Lessee and Lessee hires from the Lessor the following described premises: approximately 224 square feet of office space located in Snowmass Center, Space 208 B, 16 Kearns Road, Snowmass Village, Colorado (hereinafter called the "premises"), for a term commencing on the 1st day of September, 1983, and continuing until the 19th day of September, 1989, and the Lessee hereby covenants, as follows: 1. Payment of Rent. To pay the rent as herein set forth to Lessor. 2. Repairs. At Lessee's expense, to keep the premises in good repair, ordinary wear and tear, repairs to the roof, exterior of the building and structural repairs excepted, unless such repairs are made necessary by the act or negligence of the Lessee and, at the expiration of the term, to remove its goods and effects and peaceably yield up the premises to the Lessor in as good a condition as when delivered to the Lessee, ordinary wear, damage by fire, the elements, act of the public enemy or casualty excepted, all notices to quit or vacate being hereby expressly waived, any law, usage or custom to the contrary notwithstanding. 3. Compliance With Regulations. To comply promptly with all laws, ordinances, requirements and regulations of the federal, state, county, munici- pal and other authorities, the fire insurance underwriters and any insurance organizations or associations, except that Lessee shall not be required to make any alterations to the exterior of the building or alterations of a structural nature. 4. Assignment. That the Lessee will not make or permit to be made any alterations or additions to the premises or assign, mortgage or pledge this Lease or sublet the whole or any part of the premises without the Lessor's written consent. Consent by the Lessor shall apply solely to the particular transaction consented to and shall not constitute a waiver by the Lessor of the provisions of this Lease. 5. Insurance. The Lessee will not leave the premises unoccupied during the term or, by any act of commission or omission, cause an increase in the rate of insurance or the cancellation of any insurance policy. Lessee shall purchase the following insurance: a. On account of bodily injuries to or death of one person, five hundred thousand dollars ($500,000.00). b. On account of bodily injuries to or death of more than one person as the result of any one accident or disaster, one million dollars ($1,000,000.00). C. On account of damage to property, two hundred fifty thousand dollars ($250,000.00). Lessee shall at all times during the term hereof keep in force at its own expense public liability insurance in the amounts indicated above, naming as insured both the Lessor and the Lessee. Lessee shall furnish to the landlord, within thirty (30) days after the Lessee receives notice of intention to deliver possession, copies of the policies or certificates of insurance evidencing coverages as indicated above. 6. Use. Lessee shall use the premises solely for Town of Snowmass Village Administrative offices. 7. Rental. a. The Lessee shall pay to the Lessor as an annual rent for the term of this Lease an amount equal to the rent due from the Lessor pursuant to the Master Lease with the Snowmass Center Partnership, plus 10%, payable in equal monthly installments. Each payment shall be made on the first day of each calendar month during the term hereof. 8. Utilities. Lessee shall pay twenty-five percent (25%) of all utility bills accrued by Suite 208 representing the percentage of space occupied by the Lessee relative to the total amount of space contained in Suite 208. Lessee shall pay that portion of utilities including, but not limited to, water and sewer charges, trash removal charges, if any, electric and gas. 9. If Lessee fails to pay any rental installment by midnight of the fifth day following the day of the month such payment was due, Lessee shall add to that installment of rent an amount equal to four percent (4%) of that install- ment. If it is paid on the sixth day following the due date, the same sum shall be added for each day after the sixth day following the due date up to and including the day n which the installment is actually paid. Such amount shall 1 be deemed additional rental hereunder, and Lessee's failure to pay the same at the time the rental is paid shall mean that Lessee is still in default in the payment of the rent for that month. 10. Additional expenses. Lessee shall pay to the Lessor twenty-five percent (25%) of any additional expenses which the lessor incurs as a result of the Lessor's lease with Snowmass Center for the space known as Suite 208. 11. Sublease. This is a sublease, and the Lessor's interest in the premises is as a Lessee under a lease made with Snowmass Center dated April 3, 1979, a copy of which is attached hereto and incorporated herein by this refer- ence. This sublease is expressly made subject to all the terms and conditions of the underlying lease, and the Lessee agrees to use the premises in accordance with the terms of the underlying lease and not do or omit to do anything which will breach any of the terms thereof. If the underlying lease is terminated, this sublease shall terminate simultaneously; and any unearned rent paid in advance shall be refunded to the Lessee, provided that such termination is not the result of a breach by Lessee of the within sublease. 12. The covenants and agreements contained herein are binding on the parties hereto and their respective successors, legal representatives and assigns. 13. The Sublease Agreement previously entered into by the parties on the day of , 198_, affecting the space described above is hereby canceled and terminated. IN WITNESS WHEREOF, the parties have executed this Sublease on the day and year first above written. PAR i r ;, By:rr J �� TOWN OF SNOWMASS VILLAGE, COLORADO By: def so' n Tippett, Mayor 3