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HomeMy WebLinkAboutC79-12 Lease with Town of VailC'ASE AGREEMENT ).E . THIS LEASE is made and entered into this _--day of 1979, by and between the TOWN OF VATLt STATE, OF COLORADO, a municipal corporation by and through it's Town Council hereinafter referred -to as the "Lessor" and the COUNTY OF EAGLE, STATE OF COLORADO, a body corporate and politic, by and through it's Board of County Commissioners, hereinafter referred to as the "Lessee". WITNESSETH: WHEREAS, the Lessor and Lessee have the legal authority pursuant to the provisions of Part 2, Article 1, Title 29, C.R.S. 1973, as amended, and Section 30-11-101 C.R.S. 1973, as amended, to enter into an Inter -Governmental Contract for the purpose of providing a function, service or facility lawfully authorized from one governmental entity to another governmental entity; and, WHEREAS, the Lessor is duly authorized by law to administer and govern certain real property hereinafter described; and, WHEREAS, Lessor is willing to lease to Lessee the above - referenced property with certain improvements located thereon i.e. the shop building, lunch room, cinder room, and pump, together with such rights.and privileges as are set forth in this lease agreement; and, WHEREAS, the Lessee is desirous of leasing said property and the improvements thereon for the purpose of operating and maintain- ing a County Maintenance Facility site for certain County vehicles, machinery and, equipment and a County Car Pound. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein,. -the parties hereto agree hereby as follows: SECTION ONE PREMISES Lessor grants to Lessee the exclusive use of certain parcel of real property known as the old Vail shop, hereinafter referred to as the "Premises", and more particularly described as follows, to Wit: Tract C, Vail Village Second Piliing. Containing .726 acres, Lease Agreement Town of Vail and the County Page 2 more or less, situate in the Town of Vail, County of Eagle, State k of Colorado, along with certain improvements located,thereon, to wit: The shop building, lunch room, cinder room and pump hereinafter referred to as "Improvements." Lessee shall use said premises and the improvements thereon for the purpose of operating and maintaining a maintenance facility site for County vehicles, machinery and equipment; -A County Car Pound during the winter months; County employee housing as provided herein- below; and purposes reasonably incidental thereto. Lessee expressly covenants to use the premises and improvements solely for County purposes. Any change in purpose shall be only with the consent of the Lessor and upon the terms descj•ibed by the Lessor. SECTION TWO RIGHT OF INGRESS AND EGRESS Lessee shall have at all times the full and free right of ingress to and egress from the premises and improvements referred to herein for Lessee, it's employees, agents, and/or servants. Such rights shall also extend to persons or organizations supplying materials or furnishing services to Lessee, to include vehicles, machinery, and equipment reasonably required by such persons or organizations SECTION THREE RENT Subject to earlier termination as hereinafter provided, the initial. term of this agreement shall be the period commencing on November 15,1979, and ending on November 1980; Subject, however, to an option hereby granted by Lessor to Lessee to renew this lease agreement for an additional term I of one year under the same terms and conditions and subject to the same rental, fees, and charges provided herein for the initial term. Lessee shall notify Lessor in writing of Lessee's intention to exercise Lease Agreement Town of Vail and the County Page 3 the renewal option riot less thaa sixty (00) days before the -' expiration of the term hereof. SECTION FOUR RENTAL AND CHARGES Lessee agrees to pay Lessor for the use of the.premises, facilities, rights and privileges granted hereunder rentals and charges according -to the following schedule: For the exclusive use of the premises and the improvements located thereon, Lessee hereby convenants and agrees to pay Lessor as rent for said premises and improvements, the sum of -Fifteen Thousand Dollars ($15,000.00) per year which said sum shall be paid in equal annual installments, the first annual installment to be paid upon the initial use and occupancy of Lessee of said premises and im- provements. Any subsequent annual installments shall be due and payable on the anniversary of the initial payment each and every year hereinafter. SECTION FIVE UTILITIES Lessee shall provide and promptly pay, at it's sole expense, any charges for sewer, water, gas, electricity, telephone and all other charges for utilities used by Lessee on or in connection with such improvements and premises. 1 SECTION SIX MAINTENANCE AND INSPECTIONS Lessee shall keep and maintain the leased premises and all improvements of any kind thereon in good and substantial repair and condition, including the exterior condition thereof, and shall make all necessary repairs and alterations thereto. Lessee shall provide proper containers for trash and garbage and shall keep the leased premises free and clear of rubbish, debris, and litter at all times. Lessor shall at all times during ordinary business hours have the right to enter upon and inspect the premises. Such inspection shall be made only at a mutually agreeable time. Lease Agreement Town.of Vail and the County Page 4 SECTION SEVEN RULES AND REGULATIONS Lessee agrees to observe and obey reasonable rules and regulations with respect to the use of the premises, including. rules and regulations imposed by the Lessor, the State of Colorado, and/or the United States Government. SECTION EIGHT INSURANCE Lessee shall keep the premises herein leased together with any and all improvements placed thereon continuously insured against loss or damage by reason of fire, the elements, the public enemy, or other casualty. Lessee shall maintain liability insurance for the protection of the Lessee, it's Commissioners, officers, servants and employees, insuring Lessee against liability for damages because of personal injury, bodily injury, death or damage to property, including loss of use thereof, and occuring on or any way related to the premises leased or occasioned by reason of the operations of the Lessee. Lessor shall be furnished upon written request with copies of all insurance policies obtained by Lessee in compliance with this requirement. Lessee agrees to notify Lessor in writing as to any amendment to or cancellation of such policy. SECTION NINE INDEMNIFICATION OF LESSOR Lessee agrees to indemnify and hold harmless Lessor against all liability for injuries to persons or damage to property caused by Lessee's negligent use or occupancy of the leased premises; provided, however, that Lessee shall not be liable for any injury, damage, or loss occasioned by the negligence of the Lessor or it's agents or employees; and provided further that Lessor shall give to Lessee prompt and timely notice of any claim made or suit instituted which in amy way directly or indirectly, contingently or otherwise, effects or might effect Lessee, and Lessee shall, have the right to compromise and defend the same to the extent of it's own interest. Lease Agreement Town of Vail and the County Page 3 SECTION TETE' TERMINATION This lease agreement may be terminated for any reason by either respective party upon the giving of ninety (90) days prior written notice of such termination to the other respective party. In the absence of such notice of termination, this lease agreement shall remain in effect until expiration date. SECTION ELEVEN ALTERATIONS Lessee may, at it's sole expense, make such exterior and/or interior alterations in the improvements as it shall desire, but shall first obtain the written consent of the Lessor, which shall not be unreasonably withheld. SECTION TWELVE SURRENDER OF POSSESSION On the expiration or termination of this lease, Lessee's rights to use of the premises, facilities and services described herein shall cease, and Lessee shall vacate the premises without unreasonable delay. The Lessee shall be responsible to put the premises and improve- ments back to their original condition. Alterations constructed by the Lessee with permission from the Lessor shall not be removed or restored to the original condition unless the terms of permission for the alterations so required. Depreciation and wear from ordinary use for the purpose of which the premises were let need not be restored, but any repair for which the Lessee is responsible shall be completed to the latest practical date prior to such surrender. SECTION THIRTEEN ASSIGNMENT AND.SUBLETTING Lessee.shall not at any time assign, sublet, or sell it's rights under this agreement or any part thereof without the written consent of the Lessor. Lease Agreement.ry Town of Vail and the County Page 6 SECTION FOURTEEN COST OF LITIGATION Lessee covenants and agrees to and with the Lessor that in case the Lessor shall, without any default on it's part, be made a party to any litigation commenced by or against the said Lessee with respect to the premises or improvements thereon, then Lessee shall and will pay all costs in connection with such litigation and that said Lessee shall pay all costs and reasonable attorney's fees which may be incurred by said Lessor in enforcing the covenants and agreements of this lease. SECTION FIFTEEN CONVERSION INTO APARTMENTS Lessee may, upon written consent of the Lessor and approval by the appropriate town, state and/or federal agencies including the Town of Vail Community Development Department, convert the top floor of the shop building located upon the premises into a maximum of two (2) apartment units for the sole purpose of providing housing for County or Town personnel who are working upon the premises. Lessee agrees that should it not be using either of said apartment units to provide housing for County Personnel working on the premises, they will so notify the Town of Vail, which may then use said units to house Town of Vail Personnel. SECTION SIXTEEN ADDITIONAL CONDITIONS A. Lessee convenants and agrees that the Lessee will save harmless said Lessor at all times during the continuation of this lease from all damages, claims, fines, penalties, costs and expenses whatsoever which may result from any workmans compensation claim. B. Whenever any notice or payment is required by this lease to be made, given or transmitted to the parties hereto, unless otherwise specified herein, such notice or payment shall be deemed to have been givers upon the mailing of said notice or payment by United States Certified, Firsts -Class Mail, postage prepaid, and addressed to the parties at the respective n­�11 w Lease Agreement Page 7 Town of Vail and the County addresses as shall appear herein or upon a change of address pursuant to this notice provision. C. All covenants, conditions and provisions in this lease agreement shall extend to and bind the legal representatives,., successors, and assigns of the respective parties hereto. D. This agreement shall be construed under the laws of -the State of Colorado. Any covenant, condition, or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this agreement, but such deletion shall in no affect any other covenant, condition, or provision herein. 'contained so long as such deletion does not materially prejudice Lessor or Lessee in their respective rights and obligations contained in the valid covenants, conditions, or provisions of this agreement. I E. All amendments to this lease must be made in writing by mutual agreement of the parties and.no oral amendments shall be of any force or effect whatever. IN WITNESS THEREOF, the parties have hereonto sot their hands and affixed their seals, in counterpart, on the dates indicated to be effective the day and year first above written, pursuant to a resolution or ordinance as appropriate, of their respective governing bodies duly entered on the minutes thereof. ATTEST: By Town Clerk TOWN OF VAIL By and through its TOWN COUNCIL By M-yoar 10 Address:. Telephone Number: COUNTY OF EAGLE, STATE OF COLORADO By and through its 13OARDZQ�COUNTY COMMISSIONERS By. Chairman Lease Agreement Town of Vail and the County ATTEST: By lerk of Board f f Co Commissioners County commissioners 0 Page 8 Address:.,&� PS -6 0 Telephone Number:—