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HomeMy WebLinkAboutC01-262 Commercial Lease with Ron Beck - ECRTACOMMERCIAL LEASE THIS LEASE, is made and entered into this :Z4P day of August, 2001, by and between Ron E. Beck, (hereinafter referred to as "Lessor ") and Eagle County Regional Transportation Authority, of Eagle County, Colorado, a body politic and corporate, acting by its Board of County Commissioners (hereinafter Referred to as "Lessee "). PREMISES In consideration of payment of the rent and the performance of the covenants and agreements by the Lessee set forth herein, the Lessor does hereby lease to the Lessee the following described premises Situated in Lake County, in the State of Colorado; the address of which is 601 S. US HWY 24, Leadville, Colorado 80461( approximately 4200 sq. ft. garage, a.k.a. 611 Front Street ) Said premises, with all the appurtenances, are leased to the Lessee from September 1st, 2001 thru August 31st, 2002, unless terminated sooner in accordance with terms hereof. Lessee shall have five options to renew this lease for a one year period, exercisable by giving Lessor Written notice of its exercise not later than 60 days before the expiration of the original or a renewal Term, provided that in no event shall the Term of this Lease extend beyond August 31st, 2007. Holding over by Lessee with or without Lessor's consent after the Term of the Lease has expired shall Be treated as a tenancy from month to month at a monthly rental rate equal to the expiring Term's Monthly rate, payable in advance. This provision shall not be construed as giving Lessee any right to hold RENT The Rent shall be $1,500.00 per month, payable on the first day of the month, in advance without fur- ther notice or demand, the Rent for the five options to renew shall be; September 1st, 2002 thru August 31st, 2003, $1,600.00 per month, September 1st, 2003 thru August 31st, 2004,$:1,700.00 per month, September 1st, 2004 thru August 31st, 2005,$J,800.00 per month, September 1st, 2005 thru August 31st, 2006, $1,900.00 per month, September 1st, 2006 thru August 31st, 2007, $2,000.00 per month. LESSEE'S COVENANTS LESSEE agrees: 1. To pay the rent as provided above. 2. To keep the improvements on the Leased Premises, including all sewer connections, plumbing, wir- ing and glass, in good repair at the expense of the Lessee, reasonable wear and tear excepted. 3. At the expiration of this Lease, to surrender and deliver up the Leased Premises in as good order and condition as when the same were entered upon; loss by fire, inevitable accident or ordinary wear excepted. 4. To sublet no part of the Leased Premises, nor assign this Lease or any interest in the Lease, without the written consent of the Lessor first being obtained. 5. To use the Leased Premises for no purpose prohibited by the laws of the United States, or the State of Colorado, or the ordinances of the City of Leadville, Colorado, and for no improper or questionable purpose whatsoever. R E Beck and Eagle County Transportation Authority Lease page J. of 4 6. To keep the sidewalks in front of and around the Leased Premises free from ice and snow, and the sidewalks and Leased Premises free from all litter, dirt, debris and obstructions. 7. To keep the Leased Premises clean, and in sanitary condition as required by the ordinances and the health and policy regulations of the City of Leadville, Colorado. 8. To neither permit nor suffer any disorderly conduct, noise or nuisance whatsoever about the Leased Premises having a tendency to annoy or disturb any persons occupying adjacent premises. 9. To permit the Lessor and his agents or employees, to enter the Leased Premises at all reasonable and necessary times with reasonable notice to Lessee to inspect the Leased Premises and to make necessary repairs and improvements to them. 10. To occupy the Premises for storage and maintenance of Eagle County Transportation Authority Buses and such other purposes as are related thereto. 11. Not to change the use of the Leased Premises, without prior written consent of the Lessor. 12. To be responsible and pay for any and all damages to the Leased Premises caused by the Lessee and its agents or employees. 13. To obtain and maintain in effect during the Term of this Lease a policy or policies of insurance pro- viding coverage against damage to the Leased Premises, including but not limited to fire, casualty theft and liability, the liability policy shall name the Lessor as additional insured. 14. To neither hold, nor attempt to hold, the Lessor, its agents, contractors and employees, liable for any Injury, damage claims or to person or property occasioned by any accident, condition or casualty to, upon, or about the premises including, but not limited to, defective wiring, the breaking or stopping of the plumbing or sewage upon the premises, unless such accident, condition or casualty is directly caused by the negligent, intentional or reckless acts or omission of the Lessor. Notwithstanding any duty the Lessor may have hereunder to repair or maintain the premises, in the event that the im- provements upon the premises are damaged by the negligent, reckless or intentional act or omis- sion of the Lessee shall hold Lessor, Lessor's agents and their respective successors and assigns, harmless and indemnified from all injury, loss, claims business, which occasioned by an act or omis- sion of Lessee, its employees, agents, invitees, licensees or contractors. The Lessor is not responsi- ble for any damage or destruction to the Lessee's personal property. 15. In the event any payment required hereunder is not made within ten (10) days after the payment is due, a late charge in the amount of five percent (5 %) of the payment will be paid by the Lessee. 16. If the Rent above reserved, or any part, shall be in the arrears, or if default shall be made in any of the covenants or agreements contained in this Lease, to be kept by the Lessee, it shall and may be lawful for the Lessor to declare the Term ended, and enter into the Leased Premises, or any part, either with or without process of law, to re- enter, and the Lessee or any person or persons occupying the same, to expel, remove, and put out, using such force as may be necessary, without being liable to prosecution or in damages, and the same Leased Premises against to repossess and enjoy, as in the first and former estate of the Lessors, immediately on the termination of the Term, and if the Lessee shall remain in possession of the same after the termination of the Lease, the Lessee shall be deemed guilty of a forcible detainer of the Leased Premises under the statute, waiving all notice, and shall be subject to eviction and removal, forcibly or otherwise, with or without process of law, as above stated. 17. The Lessee shall provide and pay for the gas, electric, trash removal and phone. LESSOR'S COVENANTS LESSOR agrees: 1. The Lessor shall provide and pay for the water and sewer. 2. To maintain and keep in good repair at its sole cost and expense the exterior of the building (excluding window cleaning), the garage vehicle doors, the roof, the structural elements of the build- ing, and the buildings systems (electrical wiring, plumbing, heating, and ventilation parts and equip- ment). R E Beck and Eagle County Transportation Authority Lease page 2 of 4 R E 6 C Lessor covenants and warrants that at the time of the signing of this Lease and at the time of delivery of possession, the Leased Premises are in a clean, safe and sanitary condition; in repair and free from ro- dents, vermin, and toxic and other hazardous wastes or materials; and in compliance with applicable laws and regulations of the United States, State of Colorado and the City of Leadville relating to health an safety. Lessor further covenants and warrants that there are no underground storage tanks on the Leased Premises and to the best of his knowledge there never have been any such tanks. MISCELLANEOUS Lesse shall not have the right to make any alterations, improvements, or additions to the Leased Prem- ises without the prior written consent of Lessor. Any alterations, improvements or additions which are permanently affixed to the Leased Property such that their removal would permanently and substantially damage the Leased Premises shall become and remain the property of Lessor upon the termination of this Lease. Lessee may not erect any outdoor signs on the Leased Premises, including on the exterior of the garage building, without the prior written consent of Lessor, which consent shall not be unreasonably withheld. The waiver of any provision hereof must be in writing executed by the party granting the waiver and deliv- ered to the other party. No assent, expressed or implied, to any breach of any one or more of the cove- nants or agreements of this Lease shall be deemed or taken to be a waiver of any succeeding or other breach. In case the Leased Premises are left vacant and any part of the rent therein reserved be unpaid, then the Lessor may, without being obliged to do so, and without terminating this Lease, retake possession of the Leased Premises and rent the same for whatever rent and on such conditions as the Lessor may think best, making changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of these changes and repairs, and the Lessee shall be liable for the full balance of the rent due under the Lease until the expiration to the Term of this Lease. Subject to the provisions herein about assignability, all the covenants and agreements contained in this Lease shall extend to and be binding on the heirs, legal representatives and assigns of the respective parties to this Lease. Lessor represents and warrants that the Leased Premises comply with the ADA requirements and regu- lations promulgated pursuant to the ADA, referred to as the ADA Requirements. Any remodeling, construction, reconstruction, installation of improvements or other work done to the Leased Premises will be done in compliance with the ADA Requirements. Notwithstanding anything to the contrary contained in the terms attached hereto, Lessee shall have no obligations under this agreement, nor shall any payment be made to Lessor in respect of any period af- ter August 31, 2002, during the term of this agreement, without appropriation therefor by the Lessee in accordance with a budget adopted by the Board of County Commissioners in compliance with the provi- sions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R. S. ; 29-1 -101 et aeq.. ) and the Tabor Amendment (Constitution, Article X, Section 20) THIS LEASE is made by and between the parties with the express understanding and agreement that, in the event the Lessee becomes insolvent or is declared bankrupt, then in either event, the Lessor may declare this Lease ended, and all rights to Lessee under the Lease shall terminate and cease. R E Beck and Eagle County Transportation Authority Lease page 3 of 4 } IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Eagl C unty Regional Transportation Authority ( Lessee) Ron E. Beck ( Lessor ) Attest: R E Beck and Eagle County Transportation Authority Lease page 4 of 4 R'�_P