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HomeMy WebLinkAboutC03-353 The Hertz Corporation t, (3, 03 -:3 5 3 -1l' LEASE This Lease Agreement (l1erein~eferred to as "Lease and/or Agreement'') made and entered into this~y of' ~~~003 between Eagle County, State of Colorado, a body politic organized and existing pursuant to the laws of the State of Colorado (hereinafter referred to as "Landlord") and The Hertz Corporation, a Delaware corporation organized and existing under the laws of the State of Delaware (hereinafter referred to as ''Tenant'') whose address is 225 Brae Boulevard, Parkridge, New Jersey 07656. WITNESSETH: WHEREAS, the Landlord now owns and controls and operates the Eagle County Airport, (hereinafter referred to as "Airport") located between the Towns of Eagle and Gypsum in the County of Eagle, State of Colorado; and WHEREAS, the Tenant desires to lease and use a portion of certain land for new rental motor-vehicle deliveries and the parking and storing of overflow rental motor vehicles; and WHEREAS, the Landlord desires to lease to Tenant a portion of the land and grant to Tenant the non-exclusive right to use a portion the land as more fully described herein. NOW, THEREFORE, for and in consideration of the rents or sums of money hereinafter agreed to be paid by the Tenant and if the covenants upon the part of the Tenant to be kept and performed hereinafter expressed, Landlord hereby demises and leases unto Tenant, a portion of that certain parcel ofland lying and being situated in Eagle County, Colorado and being more particularly described in Exhibit "A" attached hereto (hereinafter referred to as the "Leased PremisesIRental Space" or separately "Leased Premises" or "Rental Space"). 1. Rental SDace. Approximately 1.8078 acres, more or less, of paved parcel ofland located at 1633 Cooley Mesa Road, Gypsum, Colorado as highlighted in Exhibit "A." The Square footage of the Leased Premises is 78,750 (plus or minus) square feet. 2. Initial Lease Term. The Initial Lease Terms are as follows: a. The Lease hereby granted shall become effective November 1.. 2003 and shall continue in effect up to and including April 15, 2004 (hereinafter referred to as "Initial Lease Term''). b. At the end of the Initial Lease Term, the Tenant has the option to extend the Lease on a month by month basis after the Initial Lease Term has ended at a rate of $833.33 per month by sending written notice to the Landlord of its intention to extend the Lease, at least ten days prior to the end of the Initial Lease Term. Landlord may terminate such month to month tenancy at any time after the Initial Lease Term by sending the Tenant thirty (30) days prior written notice of its intent to terminate. 3. Rent. The rental fee shall be $.0635 per square foot. Therefore, rent for the Initial Lease Term shall be $5,000.63 and shall be payable on or before November ~ 2003. 4. Use of Premises. The Rental Space may be used for the parking and storing of new and overflow rental motor vehicles and for no other purposes. If the aforesaid use by the Tenant is ever prohibited or substantially impaired by law or by restrictions or other instruments of record, Tenant shall have the immediate right to terminate this Lease. (A) Possession and Use. The Landlord shall give possession of the Leased PremisesIRental Space to the Tenant for the Initial Lease Term,' The Tenant shall take possession of and use the Leased PremisesIRental Space for the purposes stated above. Tenant shall comply with all laws and ordinances and regulations applicable to its use of the Leased PremisesIRental Space. Tenant shall have reasonable ingress and egress to the Leased PremisesIRental Space as disclosed on Exhibit "A" attached hereto. 5. Condition of Premises: Tenant stipulates that it has examined the Leased PremisesIRental Space including the grounds, and that they are at the time of this Lease in good order and repair and in safe and clean condition. Furthermore, Tenant shall maintain the Leased PremisesIRental Space in good condition and in all respects satisfactory to Landlord during the continuance of this Lease. 6. Sublettinl!. Tenant shall not assign or sublet the Leased Premises/Rental Space in whole or in part or grant any concession or license to the Leased PremisesIRental Space. An assignment subletting concession or license on assignment or subletting by operation oflaw shall be void and shall at Landlord's option terminate this Agreement. 7. Real Estate Taxes. The Tenant shall pay all real estate taxes and assessments on the land during the Initial Lease Term. 8. Ouiet Enjovment. The Landlord has the right to enter into this Lease. If the Tenant complies with this Lease, the Landlord must provide the Tenant with undisturbed possession of the Leased PremisesIRental Space. 9. Alterations. The Tenant may not make any changes or additions to the Leased PremisesIRental Space without the Landlord's written consent not to be unreasonably withheld. Any changes or additions made without the Landlord's written consent shall be promptly removed by Tenant. 10. Tenant's Oblil!ations. Tenant shall: 2 (A) Keep the Leased PremisesIRental Space in clean and sanitary condition, including snow removal; and (B) Properly dispose of rubbish, garbage and waste in a clean and sanitary manner and at reasonable and regular intervals; and (C) Not intentionally or negligently destroy, deface, damage, impair or remove any part of the Leased PremisesIRental Space, its appurtenances, facilities, equipment, nor to permit any invitees, licensees, or other persons acting under Tenant's control to do so; and (0) Not permit a nuisance or commit waste; and (E) Make all repairs to the Leased Premises/Rental Space which are not the responsibility of the Landlord; and (F) Not keep or have on the Leased PremisesIRental Space any article or thing of a dangerous, inflammable or explosive character that might increase the chance of eruption of fire on the rental space or ordinarily would be considered hazardous or extra hazardous by any reasonable insurance company; and (G) Not conduct any fueling or vehicle maintenance operations on the Leased PremisesIRental Space. 11. Landlord's Oblil!ations. Landlord shall make required repairs to the Leased PremisesIRental Space, except those necessitated by the negligence or willful conduct of Tenant and those under Tenant's control. 12. Sins. The Tenant may place any sign at the entrance on or about the Leased PremisesIRental Space so long as it conforms to the applicable municipal and county ordinances and regulations and state and federal law . 13. Access to Rental SDace. The Landlord shall have access to the Rental Space at reasonable times and upon notice to the Tenant to: (A) Inspect the Rental Space; (B) Make necessary repairs, alterations or improvements; (C) Supply services; and (0) Show it to prospective buyers, mortgagees, lenders, contractors or msurers. 14. Fire and Other Casualtv. Either party may cancel this Lease if the Leased PremisesIRental Space is materially damaged by fire or other casualty. 3 15. Insurance. Tenant shall obtain and maintain in effect during the term of this Agreement and any extension, commercial general liability insurance and comprehensive public liability insurance covering claims for personal and bodily injury, property damage occurring on and or about the rental space with the limit of at least $1,000,000.00 combined single limit per occurrence. The parties agree that the Tenant may self insure. A certificate of insurance evidencing the coverage to be maintained hereunder by the Tenant shall be delivered to the Landlord at the time this Lease is executed. Such liability insurance shall name the Landlord as an additional insured. Failure to obtain and/or maintain such insurance shall be a default under the terms of this Lease. 16. Indemnification. Tenant shall indemnify and hold harmless the Landlord, its Board of County Commissioners and the individual members thereof, its commissioners, agencies, departments, officers, agents, employees, servants or its successors from any and all fines, demands, losses, liabilities, claims, damages and judgments including attorney's fees together with all costs and expenses incident thereto which may accrue against, be charged to, or be recoverable from the Landlord, its Board of County Commissioners and its individual members thereof, its commissioners, agencies, departments, officers, agents, employees or servants and its successors as a result of the willful or negligent acts, errors, or omissions of Ten ant, its employees or agents in connection with Tenant's use and occupancy of the Leased Premises and the Rental Space except to the extent such injury or damage results from the willful acts of the Landlord or any of the Landlord's representatives. Additionally, the parties mutually agree that no Commissioner or officer or employee of the Landlord nor any officer, manager, member, agent or employee of the Tenant shall be held personally liable under this Agreement or because of its enforcement or attempted enforcement. The parties further agree that this clause shall not waive the benefits or provisions of Colorado Revised Statute 24-10-114 or any similar provision oflaw. 17. Environmental. (A) Landlord agrees that Tenant shall have no liability or responsibility for any condition (including any environmental condition or contamination) existing in, on or under the Rental Space prior to October 1, 2003 of this Lease. Hazardous substances shall mean those materials defined as hazardous materials, hazardous waste or hazardous substances under CERCLA P.L. 96-510, as amended, or any other local, state or federal law . (B) Tenant agrees to indemnify, defend, protect and hold Landlord harmless from any liability incurred by Landlord occurring by reason of the existence of hazardous substances on the Rental Space arising out of the acts of Tenant, its employees, customers, agents, or licensees. 4 19. Surrender of the Premises. At the expiration of the term of the Lease as the same may be extended, Tenant will quit and surrender the Leased PremisesIRental Space to Landlord. In the event that the Tenant fails to surrender the Leased PremisesIRental Space as provided herein, Tenant shall pay Landlord rent of$I,OOO.OO per month. 20. Requirements UDon Termination of Lease. Upon termination of the Lease, the Tenant shall clean the Leased Premises/Rental Space and return the same to Landlord in its initial condition, except for reasonable wear and tear. 21. Default. The Tenant promises and agrees that if default be made in the performance under any of the conditions under this Lease that this Lease may be forthwith terminated at the election of the Landlord and the Tenant will surrender and deliver up possession of the Leased PremisesIRental Space to the Landlord within three business days of receiving written notice from the Landlord stating the breach of the conditions of this Lease. In the event that it shall become necessary for the Landlord to employ an attorney to enforce any of the provisions hereof, or to enforce the collection of any amounts due under the terms of this Lease Landlord shall be entitled to recover all costs, including reasonable attorney's fees. 22. Notices. Any notices provided for herein shall be in writing and shall be delivered in person or mailed by certified or registered mail, return receipt requested, postage prepaid, to the party for whom intended at the address set forth below. The Hertz Corporation 24890 e. 78th Avenue Denver, CO 80249-6391 Attention: Jackie Agan, Director, Properties County of Eagle, State of Colorado Attention: Jack Ingstad, County Administrator P.O. Box 850 Eagle, CO 81631 With a copy to: Eagle County Attorney P.O. Box 850 500 Broadway Eagle, Colorado 81631 Either party may change its address by written notice to the other party. Notices are deemed to have been given effective as of the date of delivery if personally delivered, and as of the third day after mailing, if mailed. 5 23. Duty to Obtain Required Permits. Tenant shall at its sole expense, obtain and maintain in good standing all proper and necessary permits and licenses necessary to carry out and perform its obligations under this Agreement. 24. No Private Cause of Action. The rights herein contracted for shall inure solely for the benefit of the parties to this Agreement, and nothing herein shall be construed to grant a cause of action to non-parties claiming as third party beneficiaries or otherwise. 25. No Waiver. The failure of the Landlord to insist in anyone or more instances upon a strict compliance of any of the obligations, covenants and agreements herein contained or the failure of the Landlord and anyone or more instances to exercising the option, privilege or right herein contained shall in no way be construed to constitute a waiver or relinquishment or release of such obligation, covenant or agreement and no forbearance by the Landlord or any default hereunder shall in any manner be construed as constituting a waiver of such default by the Landlord. 26. Amendments. All amendments to this Agreement must be made in writing by mutual agreement of the parties and no oral amendments shall be of any force or effect whatsoever. 27. Entire Al!reement. This Agreement supercedes all previous communications, negotiations and/or contracts pertaining to the respective parties hereto, if any, either verbal or written and the same not contained herein are hereby withdrawn and annulled. 28. Governinl! Law. The laws of the State of Colorado shall be controlling and any action between the parties hereunder shall be brought in the County of Eagle, State of Colorado. 29. Bindinl! Effect. The covenants and conditions herein contained shall apply and bind their heirs, legal representatives, assigns of the parties hereto and all covenants are to be construed as conditions of this Lease. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the year and date first above written. 6 TENANT: THE HERTZ CORPORATION BY.~ Name: (.... '&tV Title: vP APPROVED AS TO FORM: By: ~ Eagle County Attorney's Office G:\WM\Hertz Lease.doc 7 ''/'