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Home My WebLink AboutC88-015 Lease with Metcalf ArchaeologistsC88 -15 -27 L TY. K E �/� L�.'�. PAGE..1�.C2_.. F i9 26 4 46 PM '89 LEASE OF,, PROPERTY THIS LEASE MADE this 1V / W day c 1988, between the County of Eagle, by and County Commissioners (hereinafter called Metcalf Archaeologists Consultants, Inc. "the Lessee "). WITNESSETH: )f F,_ 6-vWV through its Board of "the Lessor "), and (hereinafter called 1. DEMISE. The Lessor does hereby 'Lease to the Lessee approximately 0. 176 acres of property located at the Eagle County Fair- grounds as depicted on Exhibit A attached hereto and made a part hereof by this reference (hereinafter "the Premises "). Lessee agrees to use the premises for an archaeological laboratory. Said laboratory shall be open from time to time to interested groups and members of the public. 2. TERM. The term of this Lease shall be for three (3) years commencing on December 1, 1987, and terminating December 1, 1990. Said Lease shall be subject to termination by the Lessor pursuant to sixty days' written notice to the Lessee. 3. LESSEE'S SERVICE TO BE PROVIDED. In exchange for use of the premises, Lessee agrees to perform caretaker's duties at the Eagle County Fairgrounds. Specifically, Lessee or his employee shall: 1) Allow public access to the Fairgrounds from 7 a.m. to 10 p.m. each day. From 10 p.m. to 7 a.m., the main gate shall remain locked, unless a special event is being held. 2) Check and secure the back gate, exhibit hall, extension office restrooms, shower hut, food booth, and crows nest at all times when not in authorized use. 3) Notify unusual or suspicious activity to the proper authority. 4. BUILDING IMPROVEMENTS. The Lessee shall at his own cost make improvements to and maintain the buildings located on the premises. It is antici- pated that Lessee shall position a mobile home on the Premis- es. The Lessee shall not undertake any other improvements without the written consent of the Lessor. Lessee is solely responsible for providing landscaping as may be required by Special Use Permit. 5. USE OF PREMISES. Lessee may use the Premises for an archaeological lab and employee housing. Such use is subject to the following conditions: 1) There shall be no outside storage. 2) There shall be public access to the laboratory. Such access shall meet any and all state and local 6� requirements. Lessee shall notify the County of its hours of business. 3) Lessee's building shall be moved onto the property by November 30, 1987. 4) Signage for Lessee's business is subject to approval by the appropriate local governmental authority and subject to the approval of the Board of County Commissioners, as Lessor. 6. 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. Nor shall the Lessee allow any mechanic's or other lien to attach to the property. 7. ASSIGNMENTS AND SUB - LEASES. 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. The Lessor shall have no obligation to approve any assignment. The Lessee shall make no sublease of the property without the consent of the Lessor. 8. ACTIVITIES CONTRARY TO LAW. The Lessee shall not engage in, allow, or permit any activity on the leased premises which is contrary to any ordinance, resolution, or law of the County, this state, or the United States Government, including all zoning and build- ing regulations. tZ 9. REPAIRS. N The Lessee shall keep the building, and all other build - ings and erections which may at any time during the said term be erected upon the premises, and the drains and appurtenances in good condition and repair. 10. 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. 11. 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. -3- 12. 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 possession after default of the Lessee or the termination of this Lease. 13. SURRENDER. At the termination of this Lease the Lessee shall surren- der the premises with all buildings erected thereon and additions thereto, and all Lessor's fixtures affixed thereto of the said term in such repair and condition as shall be in accordance with the covenants herein contained. The Lessee shall promptly remove its mobile home and all personal property from the premises upon termination of this Lease. 14. UTILITIES. Lessee shall fully and promptly pay for all gas, heat, light, power, telephone services, water and sewer, and other public utilities furnished to the premises throughout the term of the Lease, and all other costs and expenses of every kind whatsoever of, or in connection with the use, operation, and Ca maintenance of the premises and all activities conducted thereon, and Lessor shall have no responsibility of any kind for any thereof. 15. INDEMNIFICATION OF LESSOR. Lessor shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by Lessee or by any person who may at any time be using or occupying or visiting the demised prem- ises 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 -4- 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, liabil- ity, 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 preced- ing sentences shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of Lessor, its agents, or employees. 16. INSURANCE. The Lessee shall purchase and maintain during the term of this Agreement insurance in the following types and coverages, protecting it from claims which may arise out of or result from the Lessee's operations under this Lease, whether such operations be by it or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 1) Workmen's Compensation shall be carried, includ- ing coverage for disability, for all persons performing services under this Agreement. 2) General Liability coverage shall be carried in the minimum amount of $400,000 for coverage of claims for damages arising from the performance of services under this Lease, including but not limited to personal injury or death, property damage, and other damages imposed by law upon the Lessee, its subcontractors, agents or employees. -5- 3) Certificates of Insurance acceptable to the County Attorney shall be filed with the County Attorney's Office prior to commencement of the work. These Certifi- cates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days' prior written notice has been given the County. 17. 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 amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 18. 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 cl 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. 19. 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. 20. 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 the 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 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 discre- tion 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 altera- tions and repairs, incurred by Lessor; or (b) at the option of 0 Lessor, rents received by such Lessor from such re- letting C1 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 alterations 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 -7- � c 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 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. 21. 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 ^a severally liable hereunder. 22. Persons performing services required under Para- graph 3 are employees of Lessee and not Lessor, for all purposes. IN WITNESS WHEREOF, the parties have executed this Lease this 16th day of February , 1988. LESSOR: �' *Ti-4 EAGLE COUNTY, by and through its Board of Commissioners • TEST: R By: ��i Clerk �to the and of Georg Gates, Chairman County Commissioners ATTEST: 7W_6_Se�creta STATE OF COLORADO ss County of Eagle LESSEE: METCALF ARCHAEOLOGISTS CONSUL- TANTS, INC. By: zz'z�_ D z �__ � Michael Metcalf, Pr sident Zh)e foregoing was acknowledged before me this day of , 1988, by Michael Metcalf and as President and Secretary respectively of Metcalf Archaeologists Consultants, Inc. My commission expires 1�� Rcyar# Public First E9nk of�l itxi►r , Eagle, CoW��1631. C� FA,RGROUNOS I ENT '?ANcE Lease form Eagle County to _ Metcalfe Archaeologists Consultants, Inc. EXHIBIT A FAIRGRoUnds Parking