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HomeMy WebLinkAboutTHE LYRIC CINEMA CAFE - PDP - PDP160008 - SUBMITTAL DOCUMENTS - ROUND 1 - (5)6. Entire Agreement This Lease contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Lease. This Lease supersedes any prior written or oral agreements between the parties. 7. Severability If any provision of this Lease will be held invalid or unenforceable for any reason, the remaining provisions will 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 will be deemed to be written, construed, and enforced as so limited. 8. Amendment This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. 9. Waiver of Contractual Rights The failure of either party to enforce any provision of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. 10. Assignment Neither party may assign or transfer this Lease without the prior written consent of the non -assigning party. LESSOR Date: Scott Melbye, President/Owner Ken's Muffler Shop Inc. LESSEE Glozer LLC. 0 , �1) ff` CO This Parking Space Lease Agreement ("the Lease") is made and entered into on September 16, 2015 by and between Ken's Muffler Shop Inc. of 1219 N. College Ave, Fort Collins, Colorado, 80524 (the "Lessor") and Glozer LLC of 1209 N. College Ave, Fort Collins, Colorado, 80524 (the "Lessee'), Collectively known as the "Parties." The Parties hereby agree as follows: Terms and Conditions 1. Term Lessor hereby leases to Lessee the parking space located at Ken's Muffler, 1219 N. College Ave. Fort Collins, Colorado 80524 and designated as 16 parking spaces. The lease will start on January 01, 2017 and will continue as a month -to -month tenancy until such time as it is terminated by either party and under the following conditions: a. Parking spaces are available to Lessee from 6 PM to 4 AM. Any vehicles still remaining on the lot at 4 AM are subject to tow at Lessors discretion. b. Lessor has first right to all parking spaces. Le. If Lessor has a vehicle on the lot at 6 PM, Lessor is under no obligation to move said vehicle. c. If Lessor has an event and needs use of the parking lot it will not be available to Lessee until that event is concluded. Such events happen 2 to 3 times a year and Lessor will give Lessee as much advance notice as possible. d. There may be extended hours available to lessee over the weekends and during holidays at Lessors discretion. 2. Rent Lessee agrees to pay $100.00 as rent in advance on the 4" of each month to Lessor by mail or in person at the respective address as noted above. Upon receiving any payment of parking space rent in cash, Lessor agrees to issue a receipt stating the name of Lessor, the amount of rent paid, the designation of parking spaces and the period for which said rent is paid. 3. Liability Lessor shall not be responsible for damage or loss to possessions or items left in Lessees vehicles. Lessor shall not be responsible for damage to Lessees vehicles, whether or not such damage is caused by other vehicle(s) or person(s) in the parking lot and surrounding area. Lessor may, at Lessors sole discretion, provide parking lot attendants. In the event that Lessor provides such attendants, any use of such attendant by Lessee to park or drive Lessees vehicles shall be at Lessees request, direction and sole risk of any resulting loss and Lessee shall indemnify Lessor for any loss/expense from such use. 4. Termination Either party may terminate this Lease by providing 30 days written notice to the other party. Any such notice shall be directed to a party the party's address as listed in this Lease. , S. Governing Law This Agreement shall be governed by the laws of Colorado in the County of Larimer