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HomeMy WebLinkAboutC93-025 Lease with Eagle Valley Library,~ C93-25-70 LEASE A6RE8~1'1' BETW$8N EAGLE COOli'1'Y ~ STATB OF COLORADO AID THE EAGLE VALLEY LIBRARY DISTRICT THIS LEASE AGREEMENT is made and entered into this ~~ day of , 1993, by and between the Board of County Commissioner of Eagle County, State of Colorado with its principal office located at 551 Broadway, Eagle, Colorado (hereinafter referred to as the "Lessor") and the Eagle Valley Library District, a Special District of Eagle County, by and through its duly appointed Board of Trustees (hereinafter referred to as "Lessee") . WIT~T888ET8 For and in consideration of the payment of the rentals and performance of the covenants and agreements hereinafter contained, Lessor hereby leases unto Lessee and Lessee hereby rents from Lessor the following described premises (hereinafter called the "Leased Premises") situated in Eagle County, Colorado, to wit: The Mayor's addition to Eagle Block 24, Lots 1-4 Located at 601 Capital Street, Eagle Colorado Also referred to as the Capital Street Annex. TO HAVE AND TO HOLD the same for and during a term of one (1) year, together with renewed or extended terms as hereinafter provided. Said term shall commence on the date of this Lease and shall end on December 31, 1993. Lessee shall have the option to extend this Lease for a term of one (1) year, (not to exceed four (4j years) upon the a terms and conditions as are provided herein including escala ions of fixed minimum rent as provided herein below. The option hall be exercised by Lessee giving written notice as provided in icle XV hereof on or before sixty (60) days prior to the date of commencement of any such option term. It shall be a condition of exercise of the foregoing option that at the~time of exercise of such option, Lessee shall not be in default in the performance of any term, condition, provision or agreement of this Lease. ~tl AItTICLB I SENT Lessee leases the above-described premises from Lessor for the purpose of accommodating the Eagle Valley Library District. Section 1. Lessee agrees to pay Lessor, at Eagle County Treasurer's office, a fixed minimum rent for the Leased Premises at the monthly rate of $ $500.00 ($6,000.00 per year) payable in advance in equal installments each on the first day of each and every calendar month during the term of this Lease. Fixed minimum rent for a fractional month during the term of this Lease shall be prorated if the Lease does not commence on the first day of a calendar month. Annual rent adjustments shall be based upon the published Consumer Price Index (CPI) for Denver. However, notwithstanding the above, in no event shall the fixed minimum rent for any part of the term of this Lease be less than the fixed minimum rent first set forth above. Section 2. The above stated rent includes common area operation and maintenance fees. The above stated rent does not include utilities, insurance or cleaning. It is the understanding of the parties that the Lessor shall submit a monthly invoice indicating the cost for said services. Said invoice shall be paid by the Lessee on a date subsequently agreed to by the parties. Section 3. The parties agree that as of June 24, 1993, the Lessee shall be permitted to hire its own cleaning service provided said service is previously approved of by the Buildings and Grounds Supervisor or an appropriate designee. IIpon approval, said cleaning service shall be required to maintain the premises in a clean and orderly manner to the satisfaction of the Buildings and Grounds Supervisor or an appropriate designee. In the event that the property is not cleaned and maintained in a fashion suitable to said Supervisor or designee, and upon five days written notice by the Lessor, the Lessor shall have the right to terminate this arrangement and reinstate the cleaning service as previously provided by the Lessor at the expense of the Lessee. Section 4. It is the understanding of the parties that the Lessee shall be permitted to use the current telephone system located in the building for a reasonable period, not to exceed six (6) months. The Lessor agrees to send a monthly invoice to the Lessee to cover the use of said telephone system. Said invoice shall be paid for by the Lessee on a date subsequently agreed to by the parties. 2 ARTICLE II REPAIRS Section 1. Lessor shall cause the foundations, sub-floor, exterior walls (except plate glass or other breakable materials used in structural portions) and roof of the Building to be kept in good repair, except that Lessor shall not be responsible for any such repairs which become necessary or desirable by reason of the act or negligence of Lessee, its agents, servants, employees or invitees. Section 2. Lessee shall keep the Leased Premises and all equipment, facilities and fixtures therein contained in good order, and in a clean, sanitary and safe condition. Lessee shall permit no waste, damage, or injury to the, Leased Premises. If Lessee refuses or neglects to commence 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 or d~ mum fromdtheodate of payment by Lessor until interest at 18$ per paid by Lessee. Section 3. Lessee shall, at its own cost and expense, replace with glass of the same quality any damaged or broken glass, including plate glass or glass or other breakable materials used in structural portions, and any interior and exterior windows and doors in the Leased Premises. Lessee shall maintain during the term of this Lease a policy insuring both Lessor and Lessee against damage to the Leased Premises and shall deposit such policies, or certificate evidencing their existence, together with evidence of the payment of the premiums thereon, w30 da s s rior to the commencement of the term and at least thirty ( ) Y P expiration of each such policy. At Lessor's option, Lessor may obtain such insurance and keep the same in force and effect, and Lessee shall pay Lessor upon demand from time to time the premium cost thereof. ARTICLE III INSTALLATION, SI(~T8 AND ALTBRATIONB Section 1. Lessee shall not erect or install any exterior or interior window or door signs, advertising media or window or door 3 lettering or placards without Lessor's prior written consent. Said signs shall comply with all applicable ordinances, regulations and covenants applicable to the Leased Premises. Lessee shall not install any exterior lighting or plumbing fixtures, shades or awnings, or make any exterior decoration or painting, or make any changes to the Leased Premises building front without Lessor's prior written consent. IIse of roof is reserved to Lessor. 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 for the month next following such removal. Section 2. Lessee shall not make any repairs, alterations or additions to the Leased Premises without first procuring Lessor's written consent and delivering to Lessor the plans and specifications and copies of the proposed contracts and necessary permits, and shall furnish indemnification against liens, costs, damages and expenses as may be required by Lessor. All alterations, additions, improvements and fixtures, other than trade fixtures, which may be installed by either of the parties hereto upon the Leased Premises and which in any manner are attached to the floors, walls or ceilings, at the termination of this Lease shall become the property of Lessor, unless Lessor requests their removal, and shall remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury; any linoleum or other floor covering of similar character which may be cemented or otherwise adhesively affixed to the floor shall likewise become the property of Lessor, all without compensation or credit to Lessee. Section 3. If Lessee desires or is required by law to install wheelchair access to Leased Premises, then such cost of construction, including materials, labor, design and all costs associated with such access shall be paid by Lessee. ARTICLE IV LESSEE'S LIABILITY INSURANCE 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 Leased Premises, in the limits of not less than $150,000 for bodily. injury or death to any number of persons arising out of one accident or disaster, or for damage to property, and $600,000 per occurrence. If higher limits shall at 4 any time be customary to protect against possible tort liability, such higher limits shall be carried. Said insurance shall norior subject to cancellation except after at least ten (10) days p written notice to Lessor, and 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 deposited with Lessor at the coiomencement 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 mayllb a 1 the Lesso the premium cosththe eof uP of demand as Lessee sha p y additional rent. ARTICLE O DAMAQE BY FIRE OR OTSER CABIIALTY: FIRE IEBIIRA~iCE Section 1. In case the Building in which the Leased Premises are located shall be partially or totally destroyed by fire or other casualty insurable under standard fire and extended coverage insurance so as to become partially or totally untenable, the same shall be repaired as speedily as possible without expenses to Lessee, unless the Lessor shall elect at its sole option not to rebuild, and a just and proportionate part of the rent shall be abated until so repaired. Should the Lessor elect not to rebuild, this Lease shall be terminated as of the date of the casualty. Section 2. If such damage or destruction occurs and this Lease is not so terminated, this Lease shall remain in full force and effect and the parties waive the provisions of any law to the contrary. Lessee shall in the event of any such damage or destruction, unless this Lease shall be terminated as provided in Section 1, forthwith replace or fully repair all exterior signs, trade fixtures, equipment, display cases and other installations originally installed by the Lessee. Lessor shall have no interest in the proceeds of any insurance carried by Lessee on Lessee's interest in this Lease and Lessee shall have no interest in the proceeds or any insurance carried by the Lessor. Section 3. Lessee agrees during any period of reconstruction, restoration or repair of the Leased Premises and/or of the building in which located, to continue the operation of its business in the 5 Leased Premises to the extent reasonably practicable from the -- standpoint of good business. Fixed minimum rent shall be abated proportionately during any period in which, by reason of any such damage or destruction, there is a substantial interference with the operation of the business of Lessee in the Leased Premises, having regard to the extent to which Lessee may be required to discontinue its business in the Leased Premises, and such abatement shall continue for the period commencing with such destruction or damage and ending with the completion by the Lessor of such work or repair and/or reconstruction. Nothing in this paragraph shall affect or be construed to abate or diminish additional rent or other charges hereunder. ection 4. Lessor shall at all times during the term of this Lease maintain in effect a policy or policies of insurance covering the Building in which the Leased Premises are located, but not Lessee's trade fixtures, merchandise inventory, or other items used in Lessee's trade or business during the term of this Lease, providing protection against fire and extended coverage perils, and as deemed adequate by Lessor. Lessor's obligation 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 Lessor, provided that the coverage afforded will not be reduced or diminished by reason of the use of such blanket policy of insurance. Section 5. Lessee shall maintain in effect with a responsible insurance company or companies, policies of insurance covering Lessee's trade fixtures, furniture, furnishings and equipment providing protection to the extent Lessee deems adequate against the casualties specified under standard insurance industry practice as within the classification of "Fire and Extended Coverage." Section 6. Without Lessor's prior written consent, Lessee shall not carry any stock of goods or do anything in or about the Leased Premises which will in any way tend to increase insurance rates or invalidate any policy on the Leased Premises or the Building in which the same are located or carried on the operation of the premises. If Lessor shall consent to such use, Lessee agrees to pay as additional rental any increase in premiums for insurance against loss by fire or extended coverage risks resulting from the business carried on in the Leased Premises by Lessee. If Lessee installs any electrical equipment that overloads the power lines to the Building, 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. 6 ARTICLE VI ABSI~IldE~I'1' i SIIgLETTIMG Section 1. Lessee shall not assign or in any manner transfer this Lease or any interest therein, nor sublet the Leased Premises 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 Leased Premises 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 operation of law. ARTICLE VII ACCESS TO PREI~ISEB Lessor and Lessor's authorized representatives shall have the right to enter upon the Leased Premises. Lessor will give Lessee reasonable notice of intent to enter premises. ARTICLE VIII ~EDIES 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) days after the giving of such notice. If such notice shall be given, the term of this Lease shall expire on the date so stated. Notwithstanding any such termination, Lessee shall remain liable to Lessor as hereinafter provided. Section 2. Re-entry. IIpon any termination of the estate as aforesaid, Lessor may re-enter the Leased Premises with or without process of law using such force as may be necessary, and remove all persons and chattels therefrom or may, at Lessor's option, change 7 the locks or otherwise refuse Lessee access to or possession of the Leased Premises 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 provisions of this Lease, or the collection of the rent due Lessor hereunder provided Lessor prevails in such suit or action. Any property belonging to Lessee or any person holding by, through or under Lessee, or otherwise found upon the Leased Premises 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 Leased Premises 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 commissions, counsel fees and other charges incurred in connection with a reletting of the Leased Premises, less the net rents, if any, of any such reletting; and excess rents of such reletting shall be the property of the Lessor. Section 4. Lessee agrees that, in case any rent or other charges payable hereunder shall not be paid upon the date when the same shall become due, Lessee shall pay to Lessor a collection fee of fifty dollars ($50.00) and a late payment charge at the rate of 18~ per annum from the due date to the date of payment. ARTICLE IB SURRENDER OF PO88ESSION In the event Lessee remains in possession of the Leased Premises after the expiration of the tenancy created hereunder, and without the execution of a new lease, it shall be deemed to be occupying the Leased Premises as a Lessee from month to month, at twice the fixed minimum rent, subject to all the other conditions, provisions and obligations of this Lease insofar as the same are applicable to a month-to-month tenancy. 8 ARTIC7~$ Z BIIBORDI~IATIO~T Lessee agrees that this Lease is, and shall be, subordinate to any bona fide mortgage, deed of trust, or any other encumbrance for security which has been or which hereafter may be placed upon the Leased Premises, 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 required to effectuate such subordination. ARTICL$ ZI 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 Leased Premises 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 relationship of principal and agent or of partnership or of joint venture between the parties hereto. Section 3. The various rights and remedies herein contained and reserved to each of the parties shall not be considered as exclusive of any other right or remedy of such party, but shall be construed as cumulative and shall be in addition to every other remedy now or hereafter existing at law, in equity or by statute. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or shall be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this Lease by either party shall not be construed by the other party as a waiver of a 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 4. The headings of the several articles and sections contained herein are for convenience only and do not define, limit 9 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 agreement in writing between the parties. Section 5. Lessee agrees to keep the noise and odors in the Leased Premises within reasonable levels so as not to disturb Lessor's other Lessees. Lessor shall be the final authority with regard to the noise and/or odor level and shall have the right at any time to require the Lessee to decrease said level so as to reach a point satisfactory to Lessor. Noise and odor levels shall not be subject to arbitration but shall be solely within the discretion of Lessor. Control of these levels is especially important during normal business hours. ARTICLE %II NOTICES Lessee: Eagle Valley Library District Post Office box 240 Eagle, Colorado 81631 Lessor: Eagle County Attorney's Office 550 Broadway Eagle, Colorado 81631 ARTICLE %III COMPLIANCE WITH EAGLE COIINTY SMORE FREE COIII~ITY HIIILDING GIIIDELINES Lessee agrees to comply with the Smoke Free Eagle County Building Guidelines. In furtherance thereof, Lessee agrees not to allow smoking in the Leased Premises by any person employed, associated with or served by Lessee. ARTICLE %IV 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. 10 IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease the day and year first above written. LESSOR: ~4,,.- ~G COUNTY OF EAGLE, STATE OF COLORADO ~~ ~'"t ~~•~ By and Through its Board of wt . County Commissioners e ~ ~'OLOA~~ ,X.~„L1.. ~ia~. /~~ ~ ~ ~ B • ~~~, ~,~!-, ~» ~ eorge Gates, Chairman LESSEE: The Eagle Valley Library District By. .C/ • irpe , on STATE OF COLORADO ~ ss County of Eagle ) e foregoing was acknowledged afore me this ~~ day of ~, r , 1993 , by U ~a F r Qr • My commission expires: ~ • ._ ... -._..~.. .__. Notary lic - .. ~ 11