HomeMy WebLinkAboutC04-275 Eagle River Water and Sanitation DistrictGoy-~~~ - ~~.
LEASE
Between Eagle River Water & Sanitation District and Eagle County
This Lease is entered into this 31st day of August, 2004, by and between EAGLE RIVER
WATER & SANITATION DISTRICT, aquasi- municipal corporation ("Lessor") and EAGLE
COUNTY GOVERNMENT ("Lessee"), collectively referred to as "Parties."
WHEREAS, Lessor is the owner of certain real property in Eagle County, Colorado more
particularly described in Exhibit A, which is attached hereto and incorporated by this reference
("Property"); and
WHEREAS, Lessee is in need of a site for a public use facility and desires to lease the Property
from Lessor; and
WHEREAS, Lessor is a Colorado special district that provides public sewer service within Eagle
County, Colorado. The Property is adjacent to Lessor's wastewater treatment plant, and Lessor
intends to use the Property in the future as part of its provision of service. At the present time,
however, Lessor is willing to assist Lessee, provided that it is clearly understood that Lessor will
use the Property at some time in the future; and
WHEREAS, Lessor desires to lease Property to Lessee, and Lessee desires to lease Property
from Lessor pursuant to the terms and conditions of this Lease.
NOW, THEREFORE, in consideration of the terms and conditions of this Lease, the sufficiency
of which are mutually acknowledged, Parties agree as follows:
1. Lease Term. Lessor shall lease Property to Lessee for a term of one year beginning on
September 1, 2004 and expiring on August 31, 2005. Notwithstanding the aforementioned term,
any continuation of the Lease into a subsequent calendar year shall be subject to annual
appropriation by Lessee, and termination without penalty if the necessary appropriation is not
made. Lessee may terminate this Lease at any time by providing Lessor with 30 days written
notice of its intent to so terminate. In the event Lessee shall terminate this Lease prior to August
31, 2005, Lessee shall pay only for actual use. After the initial lease term, Lessee may make
written request to Lessor for a renewal of this Lease. Such request must be made at least three
months prior to the expiration of the current term. Upon expiration or termination of this Lease
for any reason, Lessee shall promptly surrender possession of the Property to Lessor.
2. Rent. Lessee shall pay Lessor rent during the term of this Lease, in monthly
installments of $1000.00 on or before the first day of each month beginning September 1, 2004.
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3. Lessee's Use of Property. Lessee shall have the right to possess and use the Property for
the operation of a public use facility. Lessee may improve the Property as Lessee deems
necessary for operation of its facility, including grading, landscaping, and gravel parking areas
and driveways. Lessee shall be solely responsible for obtaining and maintaining necessary
permits from Eagle County and other governing bodies for the operation of its facility. If at any
time during the term hereof Eagle County, Colorado gives notice to Lessor that Lessee's use of
the Property is a violation of zoning regulations, Lessee shall request relief from such zoning
regulation from Eagle County. If such relief is not granted, this Lease will terminate 30 days
after the date of Eagle County's notice to Lessor of a zoning violation. If the Property is used for
any purpose other than that stated above without Lessor's written consent, Lessor may terminate
this Lease at its sole option upon 30 days written notice.
4. Maintenance and Repair. During the term of this Lease, Lessee shall be solely
responsible for all maintenance and repairs on any improvements or equipment located on the
Property including landscape maintenance.
5. No Encumbrance. Lessee shall keep the Property free and clear of any and all liens or
encumbrances, including mechanics' liens and liens of contractors, subcontractors or
materialmen.
6. Utilities. Lessee shall be solely responsible for all utility connections, and shall timely
pay any and all utilities necessary and owing as a result of Lessee's use of the Property.
7. Taxes. Lessee shall be solely responsible for any and all property taxes assessed against
the Property because of Lessee's use of the Property. If Lessee fails to pay any properly assessed
taxes, Lessor may at its sole discretion make such payment. In such event, Lessee shall be
responsible to reimburse Lessor plus interest at 18% per annum.
8. Indemnification and Insurance. To the extent allowable by law, Lessee agrees to
indemnify and hold Lessor harmless against any and all claims, loss, damage or liability resulting
from Lessee's use of Property, including any attorneys fees or legal costs incurred by Lessor in
defending itself against such claims. Lessee shall carry liability insurance in minimal amounts of
$150,000 per person, and $600,000 per occurrence. At request of Lessor, Lessee shall provide
evidence of such insurance.
9. Default. Should Lessee default under any obligation incurred under this Lease, Lessor
shall notify Lessee in writing of the event of default. From the date of receiving such notice,
Lessee shall have 30 days within which to cure the event of default. If the default is not cured,
Lessor may exercise any one or all of the following options:
a. Bring and maintain an action for specific performance, damages, or both.
b. Re-enter and take possession of Property, and remove all improvements and
equipment.
c. Declare the Lease terminated.
10. No Sublease. Lessee shall not sublease this Lease or otherwise permit any other user to
occupy the Property without the prior written consent of Lessor.
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11. Eminent Domain. In the event the Property is lawfully condemned by any public
authority, this Lease shall be considered terminated and any compensation awarded shall be the
property of Lessor. No damages shall be paid to Lessee as a result of such condemnation and
resulting termination.
12. Attorneys' Fees. In the event of any legal proceeding to enforce any provision of this
Lease, the prevailing Party shall be entitled to the recovery of all reasonably incurred legal fees
and costs, including attorney fees.
13. Holding Over. In the event Lessee holds over, remains in possession of Property at the
end of the lease term or after termination, such holding over shall not be considered a renewal or
extension of this Lease, and Lessor shall be entitled to payment of twice the amount of rent as
provided under this Lease for the duration of the hold over.
14. Notices. Any notices provided under this Lease shall be provided to the following:
Eagle River Water & Sanitation District
846 Forest Road
Vail, Colorado 81657
Eagle County Government
PO Box 850
Eagle, CO 81631
15. Easements. This Lease, and Lessee's use of Property, shall be expressly subject to any
and all existing easements over and across the Property.
16. Entire Agreement. This Lease constitutes the entire understanding of Parties, and
supersedes all prior understandings, discussions or agreements of Parties.
17. Modification or Amendment. This Lease shall not be modified or amended unless in
writing executed by both Parties.
18. Acknowledgment and Support of Lessor's Adjoining. Lessee expressly
acknowledges that Lessor uses adjoining property as a wastewater treatment plant, and
recognizes that despite Lessor's best efforts to minimize the emission of any odors, such odors
are occasionally an inherent part of normal operations of a wastewater treatment plant. Lessee
agrees to make reasonable efforts to disseminate information to all occupants of its facility
regarding the potential for the emission of odors from Lessor's wastewater treatment plant and
Lessee's express acceptance of such occurrences and affirmative desire to enter into this Lease
fully aware of those occurrences. In the event any members of the public overtly criticize Lessor
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for such odors as the odors relate to Lessee's facility, Lessee agrees to cooperate with Lessor in
making any public statements Lessor deems necessary.
19. Additional Indemnification. In addition to the general indemnification and insurance
provided under Section 8 of this Lease, to the extent allowable bylaw Lessee agrees to
indemnify and hold Lessor harmless against any and all claims, loss, damage, or liability brought
or incurred occupants of the public use facility, or related persons, resulting from any emission
of odors from Lessor's wastewater treatment plant, as relates to use of the leased property for a
public use facility.
IN WITNESS WHEREOF, the Lessor and Lessee have affixed their signatures and
seals to this Lease effective the date first above written.
EAGLE RIVER WATER & SANITATION
DISTRICT
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By z~-
ATTEST:
By
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing Lease was acknowledged before me this day of
,2004, by DENNIS GELVIN as General Manager of Eagle River Water & Sanitation District.
Witness my hand and official seal.
Notary Public
My commission expires:
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EAGLE COUNTY GOVERNMENT
By ..
ATTEST:
By
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STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing Lease was acknowledged before me this 24th day of August ,2004, by
as
Witness my hand and official seal.
of Eagle County Government.
Notary Public
My commission expires:
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EXHIBIT A
A tract of land located in the Southwest 1/4 of Section 31, Township 4 South, Range
82 West of the 6th P.M., of Eagle County, Colorado, being more particularly
described as follows:
A part of Parcel A of the Eagle Crest Filing No. 1 amended map, a subdivision on
record with the Eagle County Clerk & Recorder being further described as follows:
Considering the west line of the Southwest 1/4 of said Section 31 as bearing N 00
degrees 10' 23" E and with all bearings contained herein relative thereto:
Commencing at the Southwest corner of said Section 31; thence, along the said
west line N 00 degrees 10'23" E, 645.00 feet to the True Point of Beginning.
Thence, 436.22 feet along the arc of anon-tangent curve to the left, with a central
angle of 10 degrees 13"11"radius of 2445.61 feet, and whose long chord bears
N78 degrees 21'23" E, 43.5.64 feet; thence, along an existing fence line N 73
degrees 15' 18" E, 398.00 feet to the east line of the said parcel A of the Eagle
Crest Filing No.1 subdivision; thence along the said east line S 25 degrees 34'06"
W 442.14 feet; thence, along the south line of said parcel N 73 degrees 52'54" W,
642.29 feet to the aforesaid west line of the Southwest 1/4 of Section 31; thence
along the said west line N 00 degrees 10'23" E' 18.00 feet tot he True Point of
Beginning. The above described tract contains 3.14 acres.
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