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HomeMy WebLinkAboutC03-285 Hillcara, LLCC v 3-~ ~s- I .~ LEASE AGREEMENT This Lease Agreem nt (h einafter referred to as the "Agreement") is made and entered into this ~ day of ~ ~ ; 2003 between Eagle County, State of Colorado, a body corporate and politic, by d through its Board of County Commissioners (hereinafter referred to as "Tenant") and Hillcara, LLC, a Colorado limited liability company (hereinafter referred to as "Landlord"). WITNES5ETH: WHEREAS, Landlord owns a vacant lot located at 882 Chambers Road, Eagle, Colorado (hereinafter referred to as "the Leased Premises"); WHEREAS, Tenant is desirous of leasing the Leased Premises for the term specified hereunder to allow for the parking of media vehicles and use by members of the press; WHEREAS, Landlord is willing to lease the Leased Premises pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the terms and covenants stated herein, including the rental amount, the sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: ARTICLE I Leased Premises Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, the Leased Premises described as a vacant lot located at 882 Chambers Road in Eagle, Colorado. ARTICLE II Term The term of this Lease is from September 26, 2003 through November 30, 2003. ARTICLE III Rent Tenant agrees to pay Landlord a fixed amount of Ten Thousand Dollars ($10,000.00) as the full and complete rental amount for the term of this Agreement. Tenant agrees to make such payment no later that thirty (30) days of the execution of this Agreement by both parties. '' • ARTICLE IV Insurance Tenant agrees to maintain in full force during the term of this Agreement comprehensive general liability insurance of One Millions Dollars ($1,000,000.00) for its benefit and the Landlord, which will cover Tenant and Landlord against liability for injury to persons and/or property, and death of any person or persons occurring in or about the Leased Premises. A copy of the certificate of participation and the certificate of insurance is attached. ARTICLE V Indemnification To the extent permitted by law, the Tenant shall indemnify, defend and hold the Landlord harmless from and against any and all claims arising from the Tenant's use of the Leased Premises or from the conduct of any activity, program or thing that maybe permitted or suffered by the Tenant in or about the Leased Premises, except that neither the Tenant, the Board of County Commissioners, its agents, its employees or assigns will be liable under this paragraph for any claims, loss, damage, cost, charge or expense arising out of any negligent act by the Landlord or any of its officers, agents or employees during the performance of this Agreement. The parties agree that nothing contained herein waives or is intended to waive any protections that maybe applicable to the Tenant under the Governmental Immunity Act, §24-10-101 et. Seq., C.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided bylaw, and subject to any applicable provisions of the Colorado Constitution and applicable laws. Moreover, the Tenant will provide to Landlord a check in the amount of $5.000.00 as a security deposit to cover the cost of any damage that may happen to the Leased Premises during the times the Leased Premises are used by Tenant. The security deposit shall be due and payable within seven (?) days from the execution of this Agreement by both parties. The security deposit shall be returned to Tenant within fifteen (15) days of termination or expiration of this lease agreement. In the event Landlord withholds any portion of the security deposit, Landlord shall within fifteen (15) days of termination or expiration of this lease agreement provide a written accounting listing the exact reasons for the retention of any portion of the security deposit together with the balance of the deposit. ARTICLE VI Reuairs, Alterations and Improvements 1. During the terms of this Agreement, Tenant shall keep the Leased Premises, except for structural portions, in good order, condition and repair. 2. All reasonable alterations, improvements, and/or additions to the Leased Premises will only be done at Tenant's expense after obtaining Landlord's written consent. Those platforms and other structures utilized by the press that are to be temporary in nature will not require Landlord's written consent. However, all alterations, improvements, and/or additions, including those temporary in nature, will be the responsibility of Tenant. At the expiration or • • termination of this Lease, Tenant shall ensure that all such improvements are removed and the Leased Premises are restored to its condition prior to this lease term. 3. At the expiration of the lease term, Tenant shall remove all of its movable trade fixtures which shall not be the property of Landlord under the foregoing provisions of this paragraph. Tenant's obligations to perform the covenants contained in this Paragraph of this Agreement shall survive the expiration or other termination of this Agreement. 4. Tenant acknowledges that it is accepting the Leased Premises As is, where is, and with all faults currently existing. Landlord makes no representations as to the condition of the property for a particular lease and is only required to make the property available to Tenant for the term set forth herein. ARTICLE VII Assignment and Subletting Tenant shall be allowing access to the Leased Premises to members of the press for the parking of media vehicles and for other coverage of local court proceedings. The parties acknowledge and agree that Tenant may collect a fee from these press members to offset the cost of this Agreement. Any and all fees collected by the Tenant shall be the sole and exclusive property of Tenant. Except as expressly set forth herein, Tenant shall not assign this Agreement nor any interest herein, or sublet the Premises in whole or in part without Landlord's prior written consent, which will not be unreasonably withheld. ARTICLE VIII Access to Premises Landlord and Landlord's authorized representative shall have the right to enter upon the Leased Premises at all reasonable hours (and in emergencies, at all times) to inspect the same, to make repairs, additions or alterations to the Premises and for any lawful purpose. Landlord agrees to provide Tenant with reasonable notice whenever Landlord deems necessary to enter upon the Premises. ARTICLE IX Default Delinquency by either party in the performance of or compliance with any of the obligations contained in this Agreement, for a period of five (5) days after written notice thereof from the other party, shall constitute a default of this Agreement. In the event of default, the non-defaulting party shall have all remedies available at law or equity. ARTICLE X Termination 1. This Agreement may be terminated upon the default of either party in performance of its obligations hereunder after the required notice in Article IX hereof. • • 2. This Agreement maybe terminated if the preliminary hearing in the Kobe Bryant case scheduled for October 9, 2003 is vacated, continued, or otherwise rescheduled to a time outside of this Lease Term. If the preliminary hearing occurs at any time during this Lease Term, Tennant agrees to pay the entire sum set forth herein. If the preliminary hearing is vacated, continued, or otherwise rescheduled to a time outside of this Lease Term, Tenant shall be responsible for the prorated payment of the actual term of occupation. Such pro-rated payment shall be at a rate of $160.00 per day. Landlord agrees to reimburse Tenant for that unused term of occupation. 3. Upon the conclusion of this Agreement pursuant to this Article or pursuant to expiration of the stated term, Tenant shall peacefully surrender the Leased Premises to Landlord, and Landlord upon or at any time after any such expiration, may, without further notice, peaceably reenter the Leased Premises and take control of the same. ARTICLE XI Waiver One or more waivers of any covenant or condition by Landlord shall not be construed as a waiver of a subsequent breach of the same or any other covenant or condition, and the consent or approval by Landlord to or of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or of any subsequent similar act by Tenant. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by Landlord. ARTICLE XII Notices 1. All notices to be given with respect to this Agreement shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid and return receipt requested, to the party to be notified at the following address or at such other address as either party may from time to time designate in writing. Tenant Landlord Eagle County Hillcara, LLC c/o Eagle County Facilities Management attn: Bob Gallegos attn: Rich Cunningham P.O. Box 821 500 Broadway Vail, Colorado 81658 P.O. Box 850 Te1970 926-3737 Eagle, CO 81631 Te1970 328-8700 2. Every notice shall be deemed to have been given three (3) days following deposit in the United States mail, fist class postage prepaid. Nothing contained herein shall be construed to preclude personal service of any notice. • ARTICLE XIII Attorney's Fees & Waiver of Right to Jury In the event of any litigation or other action or proceeding between the parties hereto arising out of the performance or nonperformance of this Agreement, or enforcement of any rights or remedies hereunder, including any indemnities herein contained, the prevailing party shall be entitled in such litigation, action or proceeding to also recover as part of any judgment, award or other relief, its reasonable attorney's fees and costs incurred. Landlord and Tenant expressly waive any right which either may have to trial by jury of any dispute arising under this Agreement relating to the issues of termination of this Agreement and rights to possession of the Premises. ARTICLE XIV Entire Agreement, Amendments This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral or written statements, understandings or correspondence, if any, with respect thereto. This Agreement may be amended only by one or more Amendments executed in the same manner as this Agreement. ARTICLE XV Miscellaneous Provisions 1. If any portion of this Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 2. This Agreement and all agreements herein contained shall bind the parties hereto and their heirs, personal representatives, successors and assigns. 3. This Agreement shall be construed in accordance with the laws of the State of Colorado. The parties stipulate and consent to the exclusive jurisdiction and venue of the District Court, Eagle County, Colorado, in any civil action which might arise under this Agreement. 4. The signatories below hereby represent and warrant that they have full authority to enter into this Agreement on behalf of the respective corporations. 5. No agent, employee or volunteer of Tenant shall be deemed an agent, employee or volunteer of the Landlord. Likewise, no agent, employee or volunteer of Landlord shall be deemed an agent, employee or volunteer of the Tenant. 1,, ~ 7 ' R • IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. TENANT: COUNTY OF EAGLE, STATE OF COLORADO By and Through i Board of County Commissioners By: Michael L. Gallagher, ai ATTEST: - o~ ~~~ B `- ~ ~ Teak J. Simonton * ~ Clerk to the Board of County Commissioners c°~O~A°° LANDLORD: Hillcar By: ATTEST: . By: G:\BRYAN\misc\gallegos lease.DOC Cert~cate of Particzpation Colorado Counties Casualty and Property Pool (CAPP) For the Coverage Period January 1, 2003 through December 31, 2003 EAGLE COUNTY Colorado Counties Casualty and Property Pool (CAPP} hereby certifies that Eagle County is a participating Member of,CAPP for the period beginning January 1, 2003 through December 31, 2003. The coverages, conditions of membership, and other provisions applicable to members of CAPP are as described in CAPP's Bylaws and Intergovernmental Agreement and in the applicable excess policies, Policy Statements and endorsements thereto, copies of which have been or will be provided to Eagle County. The types and monetary limits of the coverages provided to Eagle County through membership in CAPP, in consideration of the payment of its contributions, are limited, as of the date of this certificate, to those which are shown below. The scope, terms, conditions, and limitations of coverages are governed by the aforementioned agreement and policies. I. The types of coverages, subject to the limit on CAPP's liability in Section II below, are as follows: A. Property (including EDP, mobile equipment, and auto physical damage) B. Liability 1. Bodily Injury, Property Damage (General Liability, Auto Liability) 2. Wrongful Acts committed in the conduct of duties (Public Entity Management Liability) 3. Bodily Injury, Property Damage, Personal Injury (Law Enforcement Liability) 4. Errors or omissions in the administration of an insured's employee benefits (Employee Benefits Liability) 5. Injury resulting from healthcare professional services rendered by EMTs (Emergency Medical Professional Liability) C. Crime 1. Monies and Securities (inside) 2. Monies and Securities (outside) 3. Employee Fidelity D. Boiler and Machinery II. CAPP Retention, Aggregate Limits, and Member Deductibles For the coverages described in Section I, CAPP shall be liable only for payment of the self-insured retention and only to a total annual aggregate amount for members of CAPP as a whole of the amount of the CAPP loss fund for the coverage period. CAPP's per claim/occurrence retention are limited to the following for the foregoing coverages: A. $150,000 per claim/occurrenceprnperty B. $250,000 per claimJoccurrence liability (per coverage line) C. $150,000 per claim occurrence crime D. $5,000 per loss boiler and machinery ~. ~ .. • ~r -. ~~ In addition, there is a maintenance deductible of $500, which applies to each of the County's first party claims/occurrences/losses. Payment of the deductible reduces the amount otherwise payable under the applicable LAPP retention. Pertaining to all liability losses, CAPP has purchased an aggregate retention protection of $4 million. Coverages in excess of the foregoing retention are provided only by the excess insurers in applicable excess policies, and are payable only by those excess insurers. The limits of coverage provided by the excess insurers are as follows: A. Liability From $250,000 per claim/occurrence to $3 million per claim/occurrence except for auto which isnon-aggregated, subject to the following: All liability coverages are provided on a claims-made coverage form except for automobile liability, which is on an occurrence form. In no event shall the maximum per claim/occurrence payment exceed the following for general liability, auto liability, public entity management liability, law enforcement liability, employee benefits liability or medical professional liability claims subject to the Governmental Immunity Act: $150,000 per person and $600,000 per occurrence. Additional limits, sublimity and aggregates apply as provided in the applicable excess policies. B. Crime None C. Boiler and Machinery From $5,000 to the cost of repair/replacement for each actual loss sustained up to $50 million. Additional limits, sublimits and aggregates apply as provided in the applicable excess policies. D. Property From $150,000 to $50 million each occurrence. "All Risk" basis with sublimits of $1 million newly acquired property, $5 million new construction each occurrence and $500,000 unscheduled locations. Sublirnits of $1 million for property in Flood Zone A and $10 million for property in Flood Zones B, D and X500. Newly acquired property must be reported within 60 days. Additional limits, sublimits and aggregates apply as provided in the applicable excess policies. The excess insurer for the coverage period is St. Paul Fire and Marine Insurance Co. Information concerning the CAPP loss fund for the coverage period may be obtained by contacting CAPP through its Administrator, County Technical Services, Inc. (CTSI). Colorado Counties Casualty and Property Pool By: len E. apman, TSI Executive Director December 9, 2002 .-, s_~a.rsh USA Inc. 7/30/03 10:06 PAGE 212 RightFAX _-_~ J .~ ~ - ~ _ ~ CERTIFICATE Ntl»lUt R ~'J'C r 1:: ~ ~ kl f~ ~LF~ k '4 ~ ~ 1- l , . . O .~ i.r l E:S R.+d , PRODUCER THIS GE R'I IFICiili 15 iS511[:U AS A 41A7TER OF INFl1ubIA11C1iJ ihJl'i FtJ (1 t:GHI iRS " MAR:iI'I U.:'A IN(` ' IHUSF. PItUdIDED tN INE NU RIUHTS UPUW 1HE t:ER"IIFIGATE NCriUER OTNEk INJW , . :iTREC ~ UITE 29UO 9225 9711 I PODGY. TFIIS CERTFICATE DOES NOT AEAEND, E%TENU OR ALTER THE GOVERAQE DENVER, i'U 00'~'U: -'.ib:J~} AFFORDED DYTHE POLICIES DESCRIIIED HEREIN. COP1tPAN1ES AFFORDING COVERAGE COLIPANY I r4XY. -EAI.iLE-92345- A COLORADO COUNTIES CASUALTY & PROPERTY POOL @ISUitEU CCAAPMIV EAGLE COUNTY 6 St. Paul Fire & hAarine Insurance Canpany clo COLORADO COUNTIES CASUALTY & PROPERTY PC)C)L ~tnAP,wv 17QQ [3ROADWAY :iUITE 15'12 C NIA DENVER, CO t10 x10 1:171AP ANY I) C;GV~:Pta~caE;,' lllis uzN(ihcxtte au{at:r:it:dC:i anti t rplDCes ()ny predial~ly issut~! uer(ifioatt; for the pailry petitxi noted l~rdotiY. 9 7W^. 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