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HomeMy WebLinkAboutC93-024 Lease with WECMRD for New Fairgrounds - Exhibit A not attachedLEASE -' C93 -24 -04 EAGLE COUNTY TO WESTERN EAGLE COUNTY METROPOLITAN RECREATION DISTRICT THIS LEASE AGREEMENT is made and entered into this s2- day of 1993, by and between the Board of County Commissioners of EaglofCounty, State of Colorado, with its principal office located at 500 Broadway, Eagle, Colorado (hereinafter referred to as the "LESSOR ") and The Western Eagle County Metropolitan Recreation District (hereinafter "LESSEE"). W I T N E S S E T H For and in consideration of the payment of the rentals and perfor- mance of the covenants and agreements hereinafter contained, LESSOR hereby leases unto LESSEE and LESSEE hereby rents from LESSOR the following described real property (hereinafter called the "Real Property ") situate in Eagle County, Colorado, to wit: Approximately 22 acres located at the property known as the "New Fairgrounds" near the Town of Eagle, as more particularly described in the attached Exhibit "A" LESSEE leases the Real Property from LESSOR for the purpose of providing recreational activities and all other purposes in which the District may legally engage. TO HAVE AND TO HOLD the same for and during a term of Twenty -One (21) years. Said term shall commence on the date of this Lease and shall end on September 30, 2013. The parties agree that this lease may be renewed for an additional term of twenty (20) years, subject to agreement on an acceptable rent. ARTICLE I RENT Section 1 . LESSEE agrees to pay LESSOR a fixed rent for the Real Property at the rate of One Dollar ($1.00) per year, payable in advance. Receipt of the prepaid rent for the entire term is hereby acknowledged. Section 2 . The above stated rent does not include utilities. ARTICLE II USE OF REAL PROPERTY Section 1 . LESSEE may construct on the Real Property (in phases) a recreation complex, including one or more softball fields, a soccer field, an administration building, other recreation facilities, ancil- lary and support facilities, and parking. Said construction is more particularly described in Article III below. Section 2 . The recreational playing fields shall be available for use by the general public. Access to the fields and other facilities, and to all leagues and teams using the fields and facilities, shall be open to all residents of Eagle County. Section 3 . LESSEE may use Subject Property for other uses as consented to in writing by LESSOR. Section 4 . LESSOR reserves the right to further develop or improve the remainder of the New Fairgrounds as it sees fit, regardless of the desires or view of LESSEE, and without interference or hindrance. Section 5 . LESSEE acknowledges the uses put to the properties ad- jacent to Subject Property by other tenants of LESSOR, and waives any claim or objection it may have now or in the future regarding such use. Section 6 . LESSEE shall keep the Real Property and all equipment, facilities and fixtures therein contained in good order, and in a clean, sanitary, safe, and aesthetically pleasing condition, permitting no waste, damage or injury to the Real Property. Section 7 . Should LESSEE refuse or neglect to commence needed repairs within ten (10) days after written demand, or adequately to complete such repairs within a reasonable time thereafter, LESSOR may, in addition to any other remedy it may have, make the repairs without liability to LESSEE for any loss or damage that may occur to LESSEE's stock or business by reason thereof, and if LESSOR makes such repairs, LESSEE shall pay to LESSOR on demand the cost thereof as additional rent. ARTICLE III IMPROVEMENTS TO SUBJECT PROPERTY Section 1 . LESSEE shall construct, at its sole cost and expense, public recreation facilities as generally depicted in the attached Exhibit "B ". All buildings shall be of permanent construction and shall be consistent with design, materials and landscaping specifica- tions approved by LESSOR prior to construction. Section 2 . LESSEE contemplates constructing the facilities in phases. Phase I shall consist of one or more softball fields and related amenities, such as spectator seating, safety fencing, a public toilet facility, snack bar, and a parking area designed to accommodate approximately 50 passenger vehicles per playing field. Outdoor light- ing for the playing fields is planned and is further provided for in Article IV below. Section 3 . Fences for Phase I or aluminized casting. The parking inch (1 of crushed aggregate, and shall be a hardened surface meeting shall be chain link with galvanized area shall be surfaced with one walkways between playing areas ADA guidelines. Section 4 . A trash enclosure shall be constructed, with access for trash removal equipment. Section 5 . LESSEE shall submit to LESSOR for its approval a landscaping plan for each phase of the project. Said approval shall not be unreasonablv withheld. Section 6 Every aspect of the project shall provide access for the disabled in accordance with ADA guidelines. Section 7 LESSEE shall commence construction of the improvements within five (5) years, or LESSOR may terminate the lease upon ten (10) days' written notice. LESSEE may elect to terminate the lease upon written notice at any time prior to the commencement of construction. #88 -146 -3- 2/18/93 C 11 C ARTICLE IV EXTERIOR LIGHTING Lighting for the playing fields shall be designed such that the focus of illumination remains on the playing areas, and spill and glare beyond playing areas are reduced to a minimum. LESSEE shall provide a copy of its lighting plan to LESSOR for approval prior to installation. Said approval shall not be unreasonably withheld. Uses of new lighting technology shall be implemented where possible. ARTICLE V SIGNS & ALTERATIONS Section 1 . LESSEE may erect the following signs: Scoreboards, bulletin boards, and signs providing information related to recrea- tional activities or use of facilities; directional and traffic control signs; and tournament banners. LESSEE may also erect an entrance sign, the style of which shall be approved by the LESSOR prior to construc- tion. All signs must be of a professional quality and follow guide- lines in the Eagle County Land Use Regulations. LESSEE shall not erect or install any other exterior signs or window placards without LESSOR's prior written consent. LESSOR may remove any sign or advertising or display device erected or maintained in violation of the foregoing provisions, and the cost of such removal shall be paid by LESSEE as additional rent. Section 2 . LESSEE shall not make any repairs, alterations.or additions to the Real Property - or make any exterior decoration.or painting - without first procuring LESSOR's written consent. ARTICLE VI ACCESS TO PROPERTY Section 1 . LESSOR shall provide to LESSEE an adequate legal easement from Fairgrounds road to the Real Property. In the event the existing road does not conform to the desired easement, or is inade- quate for public use, LESSEE shall construct or upgrade (as applicable) a road with two ten -foot (10 lanes, with two -foot (2 shoulders. Maximum grades shall not exceed six percent (6%). The project road shall be surfaced with three - inches (3 of crushed aggregate. #88 -146 -4- 2/18/93 C,; C Section 2 . Maintenance of said road shall be the responsibility of the LESSEE, except that LESSEE may enter into agreements with future beneficiaries of the road to share the cost of maintenance, with LESSOR's written consent. Section 4 . LESSOR and LESSEE shall each grant to the other addi- tional easements as required to serve the needs of the parties. ARTICLE VII WATER Section 1 . LESSOR shall provide irrigation water for irrigation. LESSEE shall be responsibility for obtaining water for purposes other than irrigation. Section 2 . LESSEE shall relocate any existing irrigation ditch which serves other properties which is affected by construction of the facilities. ARTICLE VIII RIGHT OF INGRESS AND EGRESS Section 1 . LESSEE shall have at all times the full and free right of ingress to and egress from the Subject Property and facilities constructed thereon. Such right shall extend to persons or organiza- tions furnishing services to LESSEE, including vehicles and machinery. Section 2 . LESSOR and LESSOR's authorized representatives shall at all times have the right to enter upon and inspect the Real Property. ARTICLE IX LESSEE'S LIABILITY INSURANCE Section 1 . During the term of this Lease, LESSEE shall, at its own cost and expense, keep in force, for the protection of LESSOR and LESSEE, general public liability and property damage insurance against claims for bodily injury or death or property damage occurring in, on or upon the Real Property, in limits not less than the limits estab- lished by the State of Colorado Governmental Immunity Act (C.R.S. 24- 10 -109), as such may be amended from time to time. If higher limits shall at any time be customary to protect against possible tort liabil- ity, such higher limits shall be carried. The policy or policies, or duly executed certificate or certificates for the same, together with satisfactory evidence of the payment of the premium thereon, shall be #88 -146 -5 - 2/18/93 deposited with LESSOR at the commencement of the term and renewals thereof not less than thirty (30) days prior to the expiration of the term of such coverage, and shall contain, in addition to the matters customarily set forth in such a certificate under standard insurance industry practices, an undertaking by the insurer to give LESSOR not less than ten (10) days' written notice of any cancellation or change in scope or amount of coverage of such policy. If LESSEE fails to comply with such requirement, LESSOR may obtain such insurance and keep the same in effect, and LESSEE shall pay the LESSOR the premium cost thereof upon demand as additional rent. Section 2 . LESSEE shall obtain insurance sufficient to cover its interests in any buildings, facilities, and personal property it may locate on the Real Property. Section 3 . Without LESSOR's prior written consent, LESSEE shall not carry any stock of goods or do anything in, on, or about the Real Property which will in any way tend to increase insurance rates or invalidate any policy on the Real Property, or on the Buildings in which the same are located or carried, or concerning the operation of the premises. If LESSEE installs any electrical equipment that over- loads the power lines to the Real Property, LESSEE shall at its own expense, make whatever changes are necessary to comply with the requirements of insurance underwriters and insurance rating bureaus and governmental authorities having jurisdiction. ARTICLE X ASSIGNMENT & SUBLETTING Section 1 . LESSEE shall not assign or in any manner transfer this Lease or any interest therein, nor sublet the Real Property or any part or parts thereof, nor permit occupancy by anyone with, through or under it, without previous written consent of LESSOR. Consent by LESSOR to one or more assignments of this Lease or to one or more sublettings of the Real Property shall not operate as a waiver of LESSOR's rights under this Article to any subsequent assignment or subletting, nor release LESSEE or any guarantor of LESSEE of any of its obligations under this Lease or be construed or taken as a waiver of any of LESSOR's rights or remedies hereunder. Section 2 . Neither this Lease nor any interest therein, nor any estate thereby created, shall pass to any trustee or receiver in bankruptcy, or any assignee for the benefit of creditors, or by opera- tion of law. #88 -146 -6- 2/18/93 Section 3 . Notwithstanding Section 1, LESSEE may permit temporary occupancy of its facilities located upon the Real Property for periods of 72 hours or less for use consistent with LESSEE's normal activities, without written approval of LESSOR. ARTICLE XI SURRENDER OF POSSESSION Section 1 . In the event LESSOR acquiesces to LESSEE's remaining in possession of the Real Property after the expiration of the tenancy created hereunder, and without the execution of a new lease, LESSEE shall be deemed to be occupying the Real Property as a month -to -month tenant, at a rental to be negotiated no later than thirty days prior to the end of the term, subject to all the other conditions, provisions and obligations of this Lease insofar as the same are applicable to a month -to -month tenancy. Section 2 . On the expiration or other termination of this lease, LESSEE's right to use of the Subject Property and facilities shall cease, and LESSEE shall vacate the premises without unreasonable delay. Section 3 . Ownership of all improvements and facilities and other property bought, installed or erected by LESSEE in, on or about the Subject Property, including, but not limited to, underground storage tanks, pipes, pumps, wires, poles, heating and air conditioning equip- ment, shall pass to LESSOR upon conclusion of the lease term, or any renewal thereof as may be provided herein; EXCEPT that LESSEE may remove any and all lighting, lighting standards, fencing, goals, backstops, batting cages, scoreboards, and seating. LESSEE shall own any such property removed and shall leave the premises in good repair in the event of such removal. Any and all personal property not removed by LESSEE within a thirty -day period after the expiration of this lease shall thereupon become a part of the land on which it is located, and title thereto shall also pass to LESSOR. ARTICLE XII REMEDIES Section 1 . Upon breach of the terms of this Lease Agreement, LESSOR may give notice to LESSEE, stating that the term of this Lease shall expire not less than three (3) months after the giving of such notice. If such notice shall be given, the term of this Lease shall expire on the date so stated. #88 -146 -7- 2/18/93 Notwithstanding any such termination, LESSEE shall remain liable to LESSOR as hereinafter provided. Section 2 . Upon any termination of this Lease, LESSOR may re -enter the Real Property with or without process of law using such force as may be necessary, and remove all persons and personal property there- from or may, at LESSOR's option, change the locks or otherwise refuse LESSEE access to or possession of the Real Property except for purposes of LESSEE's removal of its personal property therefrom, and LESSOR shall not be liable for damages or otherwise by reason of any of its acts in accordance herewith. Notwithstanding such termination by LESSOR, the liability of LESSEE for the rents and charges provided for herein shall not be diminished or extinguished for the balance of the term of this Lease. And it is further understood that LESSEE will pay, in addition, sums as the court may adjudge reasonable as attorneys' fees in any suit or action instituted by LESSOR to enforce the provisi- ons of this Lease, or the collection of the rent due LESSOR hereunder provided LESSOR prevails in such suit or action. Any property belong- ing to LESSEE or any person holding by, through or under LESSEE, or otherwise found upon the Real Property may be removed therefrom and stored in any public warehouse at the cost of and for the account of LESSEE. Section 3 . Notwithstanding any termination of this Lease or re- entry into the Real Property by the LESSOR, LESSEE shall remain liable to LESSOR for damages for breach of LESSEE's covenants under this Lease in an amount equal to the rent which would be payable hereunder for the balance of the term hereof if this Lease had not been terminated or such re -entry made, plus all costs and expenses incurred by LESSOR in connection with re-entry and the repair, renovation, brokers commis- sions, counsel fees and other charges incurred in connection with a reletting of the Real Property, less the net rents, if any, of any such reletting; and excess rents of such reletting shall be the property of the LESSOR. #88 -146 -8- 2/18/93 ARTICLE XIII SUBORDINATION LESSEE agrees that this Lease is, and shall be, subordinate to any bona fide mortgage, deed of trust, or any other encumbrance for secur- ity which has been or which hereafter may be placed upon the Real Property, and to renewals, modifications, consolidations, replacements, and extensions thereof. Notwithstanding the foregoing, LESSEE agrees to execute any documents in addition to this Lease which may be re- quired to effectuate such subordination. ARTICLE XIV Section 1 . Whenever under this Lease provision is made for LESSEE securing the consent or approval by LESSOR, such consent or approval shall be in writing and shall not be unreasonably withheld, save that LESSOR's right to withhold consent or approval to the assignment of this Lease or subletting of the Real Property shall remain unqualified. Section 2 . Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the rela- tionship of principal and agent or of partnership or of joint venture between the parties hereto. Section 3 . The rights herein contracted for shall inure solely to the benefit of the parties to this Lease, and nothing herein shall be construed to grant a cause of action to non - parties claiming as third - party beneficiaries or otherwise. Section 4 . All the covenants, conditions and provisions of this Lease shall extend to and bind the legal representatives, successors and assigns of the respective parties hereto. Section 5 . All amendments to this Lease shall be made in writing by mutual agreement of the parties, and no oral amendments shall be of any force or effect whatsoever. Section 6 The reserved to each of any other right or every other remedy statute. No delay either party shall strued as a waiver more waivers of any party shall not be various rights and remedies herein contained and the parties shall not be considered as exclusive of remedy of such party, but shall be in addition to now or hereafter existing at law, in equity or by or omission of the right to exercise any power by impair any such right or power, or shall be con - of any default or as acquiescence therein. One or covenant, term or condition of this Lease by either construed by the other party as a waiver of a #88 -146 -9- 2/18/93 subsequent breach of the same covenant, term or condition. The consent or approval by either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 7 . This Lease shall be construed under the laws of the State of Colorado. Any covenant, condition or provision contained herein which is held to be invalid by any court of competent jurisdic- tion shall be considered deleted from this Lease, which shall in no way affect any other part of this Lease so long as such deletion does not materially prejudice either party in their respective rights and obligations under this Lease. Section 8 . The headings of the several articles and sections contained herein are for convenience only and do not define, limit or construe the contents of such articles and sections. All negotiations, considerations, representations and understandings between the parties are incorporated herein and may be modified or altered only by agree- ment in writing between the parties. Section 9 . LESSEE agrees to keep the noise in the Real Property within reasonable levels so as not to disturb the neighborhood or LESSOR's other tenants. ARTICLE XV NOTICES LESSEE: Western Eagle County Metropolitan Recreation District LESSOR: Eagle County Attorney's Office 500 Broadway P.O. Box 850 Eagle, Colorado 81631 #88 -146 -10- 2/18/93 ARTICLE XVI COOPERATION Section 1 . Provided adequate capacity exists, LESSEE shall allow LESSOR the use of any utility provided by LESSEE, without cost. Section 2 . The parties agree to cooperate in the adoption and application of future regulations pertaining to the Subject Property. Section 3 . The parties shall cooperate in granting any easements over the Subject Property as required to serve the needs of the parties. ARTICLE XVII TIME OF THE ESSENCE It is specifically understood and agreed that time of the payment of each and every installment of rent and performance of each and every of the terms, covenants and conditions hereof is of the essence of this Lease. IN WITNESS WHEREOF, LESSOR and LESSEE have executed this Lease the day and year first above written. LESSOR: ATTEST: �' ` A " O COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: &L, ( H"'A' Jerk to Vie Board of County Commissioners ATTEST: By: Z2�� Georg A. Gates, Chairman LESSEE: WESTERN EAGLE COUNTY METROPOLITAN RECREATION DISTRICT By: a Q c ; �� . Lcx - Qyy-\ By: . /�l�e Secretary Chris Williams, President (Acknowledgements Follow) #88 -146 -11- 2/18/93 STATE OF COLORADO ) ss County of Eagle ) The foregoing was ac 1993, by ledged before me this day of MY 'commission expires: No ary Public STATE OF COLORADO ) ss County of Eagle ) The foregoing was acknowledged before me this 0 3 r j day of �eh r��+ •� 1993, by (.j P2 My commission expires: 1o'� 7 fi c/I0 SLl1 l Notary Pub #c {