HomeMy WebLinkAboutC87-039 Echo Ranch LeaseC"i
LEASE BETWEEN
THE COUNTY OF EAGLE
AND C87-39-80
ECHO RANCH, INC.
This Lease made this day of February, 1987,
between the County of Eagle, by and through its Board of
County Commissioners, hereinafter called the Lessor, and Echo
Ranch, Inc., a Colorado not-for-profit corporation, hereinafter
called Lessee.
1. DEMISE.
The Lessor leases to the Lessee the premises in the
County of Eagle, and State of Colorado, as shown on the
attached Exhibit A. The Lessor shall obtain a legal descrip-
tion which when obtained shall become a part of and be attached
to this Lease.
2. TERM.
To have and to hold the premises for the term of
fifty (50) years from the 1st day of October, 1986.
3. RENT.
The Lessee agrees to pay the Lessor as rent for the
premises the sum of One Dollar ($1.00) yearly, payable in
advance at the office of the County,Treasurer, of the County
of Eagle, State of Colorado, or such other office as the
Lessor may designate in writing, on the first day of September
in each and every year during the said term, the first payment
to be made on or before the 1st day of December, 1986.
4. BUILDING IMPROVEMENTS.
The Lessee shall at its own cost make improvements
to and maintain the building located on the premises for use
as a group home for troubled youth, and shall complete the
said improvements in all respects fit for immediate occupancy
on or before the 1st day of October, 1987, unless prevented by
accident or unavoidable causes.
5. ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST.
Lessee shall not encumber by mortgage or deed of
trust, or other instrument, its leasehold interest and estate
in the demised premises, together with all buildings and
improvements placed by Lessee thereon, as security for any
indebtedness of Lessee.
6. ASSIGNMENTS.
The Lessee shall not assign this Lease, except with
Lessor's written consent, and the assignee shall in the
instrument of assignment expressly assume the Lessee's coven-
ants and obligations hereunder, and unless the instrument of
assignment shall be legal and sufficient for that purpose, and
shall have been first submitted to and left with Lessor for a
period of ten (10) days before the delivery thereto to the
Assignee, it being hereby expressly agreed that any assignment
which shall be made or attempted to be made in breach of the
Lessee's covenants herein contained shall be void and of no
effect. No assignment shall be allowed except to another
non-profit corporation or governmental entity, and only for
the operation of a group home.
7. DAMAGE OR DESTRUCTION.
In case of damage or destruction by fire or other-
wise, the Lessee shall repair, restore, or rebuild the buil-
dings and improvements on the premises, in accordance with
plans and specifications to be approved by the Lessor, with
all reasonable dispatch, and in any event within twenty-four
(24) months from the time of such damage or destruction;
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provided, that in case of any such damage or destruction the
Lessor shall apply any insurance or rebuilding under plans and
specifications approved by the Lessor; and provided further
that all insurance money recovered and not paid to the Lessor
shall first be so applied; and provided also that in case the
Lessee shall not so repair, restore, or rebuild within twenty-
four (24) months, then such insurance money recovered by the
Lessor may be retained by it as liquidated damages for the
breach of the Lessee's covenant to repair, restore or rebuild.
8. REPAIRS.
The Lessee shall keep the building, and all other
buildings and erections which may at any time during the said
term be erected upon the premises, and the drains and appur-
tenances in good condition and repair.
9. LESSOR TO ENTER.
The Lessee shall permit the Lessor and his agents at
all reasonable times to enter upon the premises to view the
condition of the premises and buildings.
10. UNLAWFUL USE.
The Lessee shall not make or suffer any use of
occupancy of the premises contrary to any law or ordinance now
or hereafter in force.
11. INDEMNITY.
The Lessee shall indemnify the Lessor against all
costs and expenses, including counsel fees, lawfully and
reasonably incurred in or about the premises, or in the
defense of any action or proceeding, or in discharging the
premises from any charge, lien or encumbrance, or in obtaining
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possession after default of the Lessee or the termination of
this Lease.
12. SURRENDER.
At the termination of this Lease the Lessee.shall
surrender the premises with all buildings erected thereon and
additions thereto, and all landlord's fixtures affixed thereto
of the said term in such repair and condition, excepting
normal wear and tear, as shall be in accordance with the
covenants herein contained.
13. QUIET POSSESSION.
The Lessor shall warrant and defend the Lessee in
the enjoyment and peaceful possession of the premises during
the said term.
14. LESSEE ASSIGNING SHALL BE DISCHARGED.
Upon any assignment of this Lease by way of sale
made by the Lessee in conformity with the terms of this Lease,
the Lessee making such assignment shall be free from all
further obligations hereunder.
15. RESTRICTION.
The Lessee agrees to use the demised property only
for purposes of a group home for troubled youth, and for no
other purpose whatsoever.
16. ABANDONMENT OF PREMISES.
Lessee shall not vacate or abandon the premises at
any time during the term hereof; if Lessee shall abandon,
vacate or surrender the demised premises, or be dispossessed
by process of law or otherwise, any personal property belong-
ing to Lessee and left on the premises shall be deemed to be
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abandoned, at the option of the Lessor, except such property
as may be encumbered to Lessor.
17. SUBLETTING AND ASSIGNMENT.
Lessee may sublet the premises in whole or in part
without Lessor's consent, but the making of any such sublease
shall not release Lessee from, or otherwise affect in any
manner, any of Lessee's obligations hereunder. Lessee shall
not assign or transfer this Lease, or any interest herein,
without the prior written consent of Lessor, and a consent to
an assignment shall not be deemed to be a consent to any
subsequent assignment. Any such assignment without such
consent shall be void, and shall, at the option of Lessor,
terminate this Lease. Neither this Lease nor the leasehold
estate of Lessee nor any interest of Lessee hereunder in the
demised premises or any buildings or improvements thereon
shall be subject to involuntary assignment, transfer, or sale,
or to assignment, transfer or sale by operation of law in any
manner whatsoever, and any such attempted involuntary assign-
ment, transfer, or sale shall be void and of no effect and
shall, at the option of Lessor, terminate this Lease.
18. NOTICES.
All notices, demands, or other writings in this
Lease provided to be given or made or sent, or which may be
given or made or sent, by either party hereto to the other,
shall be deemed to have been fully given or made or sent when
made in writing and deposited in the United States mail,
certified and postage prepaid, and addressed as follows:
To Lessor: Eagle County Board of Commissioners
Attn: County Attorney
P.O. Box 850
Eagle, Colorado 81631
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To Lessee: Echo Ranch, Inc.
P.O. Box 1567
Avon, Colorado 81620
The address to which any notice, demand or other
writing may be given or made or sent to any party as above
provided, may be changed by written notice given by such party
as above provided.
19. MISCELLANEOUS PROVISIONS
(a) Cooperation. Lessee agrees to cooperate to the
maximum extent possible, without hindering its own operation,
with the Eagle Valley High School Chapter of Future Farmers of
America.
(b) Compliance with Law. Lessee agrees to observe
all applicable law and regulations, local, State or Federal,
on the demised property. Lessee further agrees not to
discriminate in admission to its programs based on race,
religion, sex, or national origin.
(c) Preference for Eagle County Residents. Lessee
agrees, to the maximum extent reasonable, to give preference
in all admissions to Eagle County residents.
(d) Airport Operations. Lessee understands that
the leased premises adjoins County Airport property, and that
airport operations may cause certain dust, dirt, noise, or
vibrations; Lessee waives any right to make any claim because
of airport or aircraft activities.
Lessee further agrees, if necessary, to cooperate
with Lessor if changes in boundaries are necessary for airport
purposes, so long as the main house shall remain available for
Lessee's use for the purpose hereinbefore set forth.
20. TAXES
(a) As additional rental hereunder, Lessee shall
pay and discharge as they become due, promptly and before
delinquency, all taxes, assessments, rates, charges, license
fees, municipal liens, levies, excises or imports, whether
general or special, ordinary or extraordinary, of every name,
nature and kind, which may be levied, assessed, charged, or
imposed, or which may become a lien or charge on or against
the land hereby demised, or any part thereof, the leasehold of
the Lessee herein, the premises described herein, any building
or buildings, or any other improvements now or hereinafter
thereon excepting any building or improvement erected by
Lessor, or on or against Lessor by reason of its ownership of
the fee underlying the Lease.
(b) Specifically and without in any way limiting
the generality of the foregoing, Lessee shall pay all special
assessments and levies or charges made by any municipal or
political subdivision for local improvements, and shall pay
the same in cash as they shall fall due and before they shall
become delinquent and as required by the act and proceedings
under which any such assessments or levies or charges are made
by any municipal or political subdivision. If the right is
given to pay either in one sum or installments, Lessee may
elect either mode of payment and its election shall be binding
on Lessor. If, by making any such election to pay in install-
ments, any of such installments shall be payable after the
termination of this Lease or any extended term thereof, such
unpaid installments shall be prorated as of the date of
termination, and amounts payable after such date shall be paid
by Lessor. All of the taxes and charges under this Section 20
shall be prorated at the commencement and expiration of the
term hereof.
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(c) Lessee shall obtain and deliver to Lessor
receipts or duplicate receipts for all taxes, assessments, and
other items required hereunder to be paid by Lessee, promptly
on payment thereof.
21. CONSTRUCTION OF IMPROVEMENTS, AND/OR ADDITIONAL
STRUCTURES
(a) Plans and specifications. On or before Decem-
ber 1, 1986, Lessee shall, at Lessee's sole expense, prepare
plans and specifications for the improvements to be made to
the building on the premises which shall provide for a group
home facility. In the event any additional structure is
proposed to be erected by Lessee, Lessee shall, at Lessee's
sole expense, submit a proposal, complete with fully detailed
plans and specifications to Lessor for written approval or any
revisions required by Lessor. Lessor shall not unreasonably
withhold such approval, and in the event of disapproval,
Lessor shall give to Lessee an itemized statement of reasons
therefor within twenty (20) days after the same are submitted
to Lessor. Lessee shall not have the right to erect any
structure or lights which in any way interfere with operations
from or into the Eagle County Airport.
(b) Alterations, improvements, and chancres
permitted. Lessee shall have the right to make such
alterations, improvements, and changes to any building which
may from time to time be on the premises as Lessee may deem
necessary, or to replace any such building with a new one of
at least equal value, provided that prior to making any
structural alterations, improvements, or changes, or to
replacing any such building, Lessee shall obtain Lessor's
written approval of plans and specifications therefor, which
approval Lessor shall not unreasonably withhold, provided that
the value of the building shall not be diminished and the
structural integrity of the building shall not be adversely
affected by any such alterations, improvements, or changes, or
that any proposed new building is at least equal in value to
the one which it is to replace, as the case may be. In the
event of disapproval, Lessor shall give to Lessee an itemized
statement of reasons therefor. Prior to commencing any work
that will cost in excess of Ten Thousand Dollars ($10,000.00),
Lessee shale furnish Lessor, on demand, with a good and
sufficient surety bond, insuring the completion of such work
and the payment of all bills therefor.
(d) Disposition of new improvements. Any new
building constructed by Lessee on the premises, and all
alterations, improvements, changes or additions made in or to
such premises, shall be the property of Lessor, and Lessee
shall have only a leasehold interest therein, subject to the
terms hereof.
22. UTILITIES.
Lessee shall fully and promptly pay for all water,
gas, heat, light, power, telephone service, and other public
utilities of every kind furnished to the premises throughout
the term hereof, and all other costs and expenses of every
kind whatsoever of or in connection with the use, operation,
and maintenance of the premises and all activities conducted
thereon, and Lessor shall have no responsibility of any kind
for any thereof.
23. LIENS.
(a) Lessee shall have the duty to keep the premises
free of liens. Lessee shall keep all of the premises and
every part thereof, and all buildings and other improvements
at any time located thereon, free and clear of any and all
mechanics', materialsmen's, and other liens for or arising out
of or in connection with work or labor done, services
performed, or materials or appliances used or furnished for or
in connection with any operations of Lessee, any alteration,
improvements, or repairs or additions which Lessee may make or
permit or cause to be made, or any work or construction, by,
for or permitted by Lessee on or about the premises, or any
obligations of any kind incurred by Lessee, and at all times
promptly and fully to pay and discharge any and all claims on
which any such lien may or could be based, and to indemnify
Lessor and all of the premises and all buildings and improve-
ments thereon against all such liens and claims of liens, and
suits or other proceedings pertaining thereto. Lessee shall
give Lessor written notice no less than forty-five (45) day
sin advance of the commencement of any construction, altera-
tion, addition, improvement, or repair estimated to cost in
excess of Ten Thousand Dollars ($10,000.00), in order that the
Lessor may post appropriate notices of Lessor's non -responsi-
bility.
(b) Contesting liens. If Lessee desires to contest
any such lien, it shall notify Lessor if its intention to do
so within ten (10) days after the filing of such lien. In
such case, and provided that Lessee shall on demand protect
Lessor by a good and sufficient surety bond against any such
lien and any cost, liability, or damage arising out of such
contest, Lessee shall not be in default hereunder until thirty
(30) days after the final determination of the validity
thereof, within which time Lessee shall satisfy and discharge
such lien to the extent held valid; but the satisfaction and
discharge of any such lien shall not, in any case, be delayed
until execution is had on any judgment rendered thereon, and
such delay shall be a default of Lessee hereunder. In the
event of any such contest, Lessee shall protect and indemnify
Lessor against all loss, expense, and damage resulting
therefrom.
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24. INDEMNIFICATION OF LESSOR.
Lessor shall not be liable for any loss, injury,
death, or damage to persons or property which at anytime may
be suffered or sustained by Lessee or by any person who may at
any time be using or occupying or visiting the demised
premises or be in, on or about the same, 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 or of any occupant, subtenant, visitor, or user of
any portion of the premises, or shall result from or be caused
by any other matter or thing whether of the same kind as or of
a different kind that the matters or things above set forth,
and Lessee shall indemnify Lessor against all claims,
liability, loss or damage whatsoever on account of any such
loss, injury, death, or damage. Lessee hereby waives all
claims against Lessor for damages to the building and
improvements that are now on or hereafter placed or built on
the premises and to the property of Lessee in, on, or about
the premises, and for injuries to persons or property in or
about the premises, from any cause arising at any time. The
two preceding sentences shall not apply to loss, injury,
death, or damage arising by reason of the negligence or
misconduct of Lessor, its agents, or employees.
25. ATTORNEYS' FEES.
If any action at law or inequity shall be brought to
recover any rent under this Lease, or for or on account of any
breach of, or to enforce or interpret any of the covenants,
terms, or conditions of this Lease, or for the recovery of the
possession of the demised premises, the prevailing party shall
be entitled to recover from the other party as part of the
prevailing party's costs reasonable attorneys' fees, the
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amount of which shall be fixed by the court and shall be made
a part of any judgment or decree rendered.
26. REDELIVERY OF PREMISES.
Lessee shall pay the rent and all other sums
required to be paid by Lessee hereunder in the amounts, at the
times, and in the manner herein provided, and shall keep and
perform all the terms and conditions hereof on its part to be
kept and performed, and, at the expiration or sooner
termination of this Lease, peaceably and quietly quit and
surrender to Lessor the premises in good order and condition
subject to the other provisions of this Lease. In the event
of the non-performance by Lessee of any of the covenants of
Lessee undertaken herein, this Lease may be terminated as
herein provided.
27. REMEDIES CUMULATIVE.
All remedies hereinbefore and hereafter conferred on
Lessor shall be deemed cumulative, and no one exclusive of the
other or of any other remedy conferred by law.
28. INSURANCE.
(a) Insurance coverage of the premises. Lessee
shall, at all times during the term of this Lease and at
Lessee's sole expense, keep all improvements which are now or
hereafter a part of the premises insured against loss or
damage by fire and the extended coverage hazards for one
hundred percent (1000) of the full replacement value of such
improvements, with loss payable to Lessor and Lessee as their
interest may appear. Any loss adjustment shall require the
written consent of both Lessor and Lessee.
(b) Personal Injury Liability Insurance. Lessee
shall maintain in effect throughout the term of this Lease
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personal injury liability insurance covering the premises and
its appurtenances, the sidewalks fronting thereon, and the
operations of Lessee, in the minimum amount of Four Hundred
Thousand Dollars ($400,000.00), for injury to or death of any
number of persons in one occurrence, and property damage
liability insurance in the amount of Four Hundred Thousand
Dollars ($400,000.00). Such insurance shall specifically
insure Lessee against all liability assumed by it hereunder,
as well as liability imposed by law, and shall insure both
Lessor and Lessee, but shall be so endorsed as to create the
same liability on the part of the insurer as though separate
policies had been written for Lessor and Lessee.
(c) Lessor's right to pay premiums on behalf of
Lessee. All of the policies of insurance referred to in this
section shall be written in a form satisfactory to Lessor and
by insurance companies satisfactory to Lessor, and shall be
submitted to the Eagle County Attorney for his approval.
Lessee shall pay all°of the premiums therefor and deliver such
policies, or certificates thereof, to Lessor, and in the event
of the failure of Lessee either to effect such insurance in
the names herein called for, or to pay the premiums therefor,
or to deliver such policies or certificates thereof to Lessor,
Lessor shall be entitled, but shall have no obligations, to
effect such insurance and pay the premiums therefor, which
premiums shall be repayable to Lessor with the next install-
ment or rental, and failure to repay the same shall carry with
it the same consequence as failure to pay any installment of
rental. Each insurer mentioned in this section shall agree,
by endorsement on the policy or policies issued by it, or by
independent instrument furnished to Lessor, that it will give
to Lessor at least twenty (20) days' written notice before the
policy or policies in question shall be altered or cancelled.
Lessor agrees that it will not unreasonably withhold its
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approval as to the form or to the insurance companies selected
by Lessee.
(d) Definition of Full Replacement Value. The term
"full replacement value" of improvements as used herein, shall
mean the actual replacement cost thereof from time to time,
less exclusions provided in the normal fire insurance policy.
In the event either party believes that the full replacement
value (that is to say, the then replacement cost less exclu-
sions) has increased or decreased, it shall have the right,
but except as provided below, only at intervals of not less
than five (5) years, to have such full replacement value
redetermined by the fire insurance company which is then
carrying the largest amount of fire insurance carried on the
demised premises (hereinafter referred to as "impartial
appraiser"). The party desiring to have the full replacement
value so redetermined by such impartial appraiser shall
forthwith on submission of such determination to such impar-
tial appraiser give written notice thereof to the other party
hereto. The determination of such impartial appraiser shall
be final and binding on the parties hereto, and Lessee shall
forthwith increase (or may decrease) the amount of the insur-
ance carried pursuant to this section as the case may be, to
the amount so determined by the impartial appraiser. Such
determination shall be binding for a period of five (5) years,
and until superseded by agreement between the parties hereto
or by a subsequent redetermination by an impartial appraiser.
Each party shall pay one-half of the fee, if any, of the
impartial appraiser. If during any such five-year period
Lessee shall have made improvements to the premises, Lessor
may have such full replacement value redetermined at any time
after such improvements are made, regardless of when the full
replacement value was last determined.
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(e) Adjustment of Coverage. In the event that
either party shall at any time deem the limits of the personal
injury or property damage or public liability insurance then
carried to be either excessive or insufficient, the parties
shall endeavor to agree on the property and reasonable limits
for such insurance limits thus agreed on until further change
pursuant to the provision of this section; but, of the parties
shall be unable to agree thereon, the property and reasonable
limits for such insurance then to be carried shall be deter-
mined by an impartial third person selected by the parties or
their successors on application by either party, made after
fifteen (15) days' written notice to the other party of the
time and place of such application; and the decision of such
impartial third person as to the proper and reasonable limits
for such insurance then to be carried, shall be binding on the
parties and such insurance shall be carried with the limits as
thus determined until such limits shall against be changed
pursuant to the provisions of this section. In setting any
limits, the requirements of Colorado statutes as they relate
to County's liability shall be considered. The expenses of
such determination shall be borne equally by the parties.
(f) Blanket Insurance Policies. Notwithstanding
anything to the contrary contained in this section, Lessee's
obligations to carry the insurance provided for herein may be
brought within the coverage of a so-called blanket policy or
policies of insurance carried and maintained by Lessee;
provided, however, that the coverage afforded Lessor will not
be reduced or diminished or otherwise be different from that
which would exist under a separate policy,meeting all other
requirements of this Lease by reason of the use of such
blanket policy of insurance, and provided further that the
requirements for the foregoing Paragraph (e) of this section
are otherwise satisfied.
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(g) Cost of Insurance Deemed Additional Rental.
The cost of insurance required to be carried by Lessee in this
section shall be deemed to be additional rental hereunder.
29. NOTICE OF DEFAULT.
Lessee shall not be deemed to be in default here-
under in the payment of rent or the payment of any other
moneys as herein required, or in the furnishing of any bond or
insurance policy when required herein, unless Lessor shall
first give to Lessee thirty (30) days' written notice of such
default and Lessee fails to cure such default within such
thirty (30) days.
Except as to the provisions or events referred to in
the preceding sentence of this section, Lessee shall not be
deemed to be in default hereunder unless Lessor shall first
give to Lessee sixty (60) days' written notice of such
default, and Lessee fails to cure such default within such
sixty (60) day period, or if the default is of such a nature
that it cannot be cured within sixty (60) days, Lessee fails
to commence to cure such default within such period of fifty
(50) days or fails thereafter to proceed to the curing of such
default with all reasonable diligence.
30. DEFAULT.
In the event of any breach of this Lease by Lessee,
Lessor, in addition to the other rights or remedies it may
have, shall have the immediate right of re-entry and may
remove all persons and property from the premises; such
property may be removed and stored in a public warehouse or
elsewhere at th cost of and for the account of Lessee. Should
Lessor elect to re-enter as herein provided, or should it take
possession pursuant to legal proceedings or pursuant to any
notice provided for by law, Lessor may either terminate this
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Lease, or it may from time to time, without terminating this
Lease, re -let the demised premises or any part hereof for such
term or terms (which may be for a term extending beyond the
term of this Lease) and at such rental or rentals and on such
other terms and conditions as Lessor in the sole discretion of
Lessor may deem advisable, with the right to make alterations
and repairs to the demised premises. On each such re -letting
(a) Lessee shall be immediately liable to pay to Lessor, in
addition to any indebtedness other than rent due hereunder,
the expenses of such re -letting and of such alterations and
repairs, incurred by Lessor; or (b) at the option of Lessor,
rents received by such Lessor from such re -letting shall be
applied, first to the payment of any indebtedness, other than
rent due hereunder form Lessee to Lessor; second, to the
payment of any expenses of such re -letting and of such altera-
tions and repairs; third, to the payment of rent due and
unpaid hereunder; and the residue, if any, shall be held by
Lessor and applied in payment of future rent as the same may
become due and payable hereunder. No such re-entry or taking
possession of the demised premises by Lessor shall be con-
strued as an election on the part of Lessor to terminate this
Lease unless a written notice of such intention is given to
Lessee, or unless the termination thereof is decreed by a
court of competent jurisdiction. Notwithstanding any such
re -letting without termination, Lessor may at any time there-
after elect to terminate this Lease for such previous breach.
Should Lessor at any time terminate this Lease for any breach,
in addition to any other remedy it may have, Lessor may
recover from Lessee all damages incurred by reason of such
breach, including the cost of recovering the premises, and
including the worth at the time of such determination of the
excess, if any, of the amount of rent and charges equivalent
to rent reserved in this Lease for the remainder of the stated
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C C,
term.over the then reasonable rental value of the premises for
the remainder of the stated term, all of which amount shall be
immediately due and payable from Lessee to Lessor.
31. LESSOR'S RIGHT TO PERFORM.
In the event that Lessee, by failing or neglecting
to do or perform any act or thing herein provided by it to be
done or performed, shall be in default hereunder, and such
failure shall continue for a period of sixty (60) days after
written notice from Lessor specifying the nature of the act or
thing to be done or performed, then Lessor may, but shall not
be required to, do or perform or cause to be done or performed
such act or thing (entering on the demised premises for -such
purposes, if Lessor shall so elect), and Lessor shall not be
or be held liable or in any way responsible for any loss,
inconvenience, annoyance, or damage resulting to Lessee on
account thereof, and Lessee shall repay to Lessor on demand
the entire expense thereof, including compensation to the
agents and employees of Lessor. Any act or thing done by
Lessor pursuant to the provisions of this section shall not be
or be construed as a waiver of any such default by Lessee, or
as a waiver of any covenant, term, or condition herein con-
tained or the performance thereof, or of any other right or
remedy of Lessor hereunder or otherwise. All amounts payable
by Lessee to Lessor under any of the provisions of this Lease
provided, shall bear interest from the date they become due
until paid at the rate of twelve percent (120) per annum,
compounded annually.
32. TERMINATION.
Lessee shall have the right, by written notice to
Lessor given at least sixty (60) days in advance of said
proposed termination, to terminate this Lease.
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The Lease shall automatically terminate if the group
home is not in operation by September 1, 1987.
33. WAIVER.
The waiver of Lessor of, or the failure of Lessor to
take action with respect to any breach of any term, covenant,
or condition herein contained, shall not be deemed to be a
waiver of such term, covenant, or condition, or subsequent
breach of the same, or any other term, covenant, or condition
therein contained. The subsequent acceptance of rent here-
under by Lessor shall not be deemed to be a waiver of any
preceding breach by Lessee of any term, covenant, or condition
of this Lease, other than the failure of Lessee to pay the
particular rental so accepted, regardless of Lessor's know-
ledge of such preceding breach at the time of acceptance of
such rent.
34. SURRENDER OF LEASE.
The voluntary or other surrender of this Lease by
Lessee, or a mutual cancellation thereof, shall not work a
merger, and shall, at the option of Le ,dor, terminate all or
any existing subleases or subtenan ay, at the option
of Lessor, operate as an assignme'' any or all such
subleases or subtenancies. `, ~
35. DISPOSITION.
On termination of this Lease for any cause, Lessor
shall become the owner of any building or improvements on the
demised premises, and if such building extends onto other
property owned by the then Lessee hereunder, such Lessee shall
convey to Lessor, on such termination, an undivided interest
as tenant in common in all of the property covered by such
building which bears the same proportion to the whole as the
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area of the demised premises bears to the total area covered
by such building, and Lessor shall convey to Lessee an undiv-
ided interest as tenant in common in the demised premises
which bears the same relation to the whole thereof as the area
covered by such building not included in the demised premises
bears to the whole area covered by such building.
36. PARTIES BOUND.
The covenants and conditions herein contained shall,
subject to the provision as to assignment, transfer, and
subletting, apply to and bind the heirs, successors, execu-
tors, administrators, and assigns of all of the parties
hereto; and all of the parties hereto shall be jointly and
severally liable hereunder.
37. TIME OF THE ESSENCE.
Time is of the essence of this Lease, and of each
and every covenant, term, condition and provision hereof.
IN WITNESS WHEREOF, the parties have executed this Lease
this 2Ald day of -Febr-r-y, 1987.
MiR rc.th
L 1CI 1S UU l.i1C DUdi U U
County Commissioners
(SEAL)
LESSOR:
EAGLE COUNTY, by and through
its Board of Commissioners
Es
(Additional Signature Following Page)
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ATTEST:
Aecretary 610
(SEAL)
LESSEE:
ECHO RANCH, INC.
1 14
By:
President
