No preview available
HomeMy WebLinkAboutC05-352 Western Eagle County Metropolitan Recreation District ",-V...;r ~,J~<::X ~"""' HEALTH AND HUMAN SERVICES EDWARDS ANNEX SUBLEASE AGREEMENT BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND WESTERN EAGLE COUNTY METROPOLITAN RECREATION DISTRICT THIS SUBLEASE is made and entered into this 6th day of December, 2005, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners (hereinafter "Sublessor" or "County") and Mountain Valley Developmental Services, a Colorado non-profit corporation (hereinafter "Sublessee"). RECITALS WHEREAS, on September 6, 2005, the County and Eagle River Water & Sanitation District (hereinafter "ER WSD") entered into a Lease Agreement (hereinafter "Lease Agreement") whereby the County leased from ER WSD certain real property in Eagle County, Colorado, more particularly described in Exhibit "A" attached hereto and incorporated by this reference (hereinafter "Property"); and WHEREAS, the County now desires to enter into a Sublease Agreement with Sublessee; and WHEREAS, pursuant to Paragraph 10 of the Lease Agreement, County shall not sublease or otherwise permit any other user to occupy the Property without the prior written consent ofERWSD; and WHEREAS, ERWSD consents to the County entering into this Sublease Agreement with Sublessee. AGREEMENT NOW THEREFORE, based upon and in consideration ofthe recitals, promises and covenants set forth herein, County and Sublessee do hereby agree as follows: 1. DEMISE. County hereby leases to Sublessee a portion ofthe Property designated as Room 103 and highlighted on the map attached hereto as Exhibit "B" and incorporated by reference (hereinafter "Leased Premises"). 2. TERM. The term of this Sublease Agreement shall commence on the day and year first above written and expire on August 31, 2006 unless earlier terminated as provided herein. Notwithstanding the aforementioned term, County may terminate this Sublease Agreement, at any time, with or without cause, upon thirty (30) days written notice to Sublessee. After the initial lease term, Sublessee may make written request to of such repairs, replacements or additions to, on or about the premises or building as County deems necessary or desirable. Sublesee shall have no cause of action against County by reason of such entry. 10. UNLAWFUL USE. (a) Sublessee shall not use, occupy, or permit theLeased Premises or any part thereof to be used or occupied for any unlawful or illegal business, use, or purposes deemed by County to be disreputable or hazardous, nor in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any present or future laws, rules, requirements, orders, directions, ordinances or regulations of the United States of America, state of Colorado, Eagle eounty or other municipal, governmental or lawful authority whatsoever having jurisdiction. (b) Sublessee shall not do or permit anything to be done in or about the Leased Premises or bring or keep anything thereon which will in any way increase the rate of fire insurance upon the Leased Premises. Sublessee at its sole expense shall comply with any and all requirements pertaining to the Leased Premises of any insurance company necessary for the maintenance of reasonable fire and public liability insurance covering the Leased Premises. (c) Sublessee shall use the Leased Premises for its offices alone and for no other purpose. (d) No hazardous substances or materials are allowed on the Leased Premises. (e) No storage of any items, garbage, chairs, tables, etc. . . . may be placed outside of the building and on the Leased Premises. (f) No animals or pets are permitted on the Leased Premises. (g) Due to fire risk, no candles are permitted on the Leased Premises. (h) Smoking is prohibited on the Leased Premises. (i) Use of the outside doors to the Leased Premises is prohibited except for use as emergency exits. (j) In the event that combination locks are used on the two (2) exterior doors to the trailer, Sublessee shall keep the combination code confidential and only release such code to authorized users of the Leased Premises. 11. CUSTOMER SERVICE. In rendering its services, Sublessee shall comply with the highest standards of customer service to the public. Sublessee shall, as part of its training program, reflect these values and train each employee prior to them providing services on the Leased Premises. Sublessee shall maintain a close check over its 3 SUBLESSOR: Eagle eounty County Attorney P.O. Box 850 Eagle, CO 81631 SUBLESSEE: Western Eagle County Metropolitan Recreation District Attn: Steve Russell P.O. Box 246 Eagle, CO 81631 Phone: (970) 328-6909 The address to which any notice, demand or other writing may be given or made or sent to any party as above provided, may be changed by written notice given by such party as provided above. 15. MISCELLANEOUS PROVISIONS. (a) eompliance with Law. Sublessee agrees to observe all applicable laws and regulations, local, state or federal on the Leased Premises. Sublessee agrees not to discriminate based on race, religion, sex or national origin. (b) Sublessee Certification. Sublessee certifies that it has carefully read and understood every word of this Sublease Agreement and by signing this Sublease Agreement agrees to faithfully comply with its provisions. (c) All the recitals are hereby incorporated as set forth in the body of this Sublease Agreement. 16. LIENS. Sublessee shall have the duty to keep the Leased Premises free of liens. Sublessee shall keep all of the Leased Premises and every part thereof, and all buildings and other improvements at any time located thereon, free and clear of any and all mechanics', materialmens' and other liens for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of Sublessee, any alteration, improvements or repairs or additions which Sublessee may make or permit or cause to be made, or any work or construction by, for or permitted by Sublessee on or about the Leased Premises or any obligations of any kind incurred by Sublessee, and at all times promptly and fully to pay and discharge any and all claims on which any such lien mayor could be based, and to indemnify County and the Leased Premises against all such liens and claims of liens and suits or other proceedings pertaining thereto. In the event of any work by Sublessee, County may post appropriate notices of non-responsibility. 17. ATTORNEY'S FEES. If any action at law or in equity shall be brought to recover any rent under this Sublease Agreement or for or on account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this Sublease Agreement or for the recovery of the possession of the Leased Premises, the prevailing 5 . . . 23. PARTIES BOUND. The covenants and conditions herein contained shall, apply to and bind the heirs, successors, executors, administrators, and assigns of all of the parties hereto. 24. EFFECT OF OTHER REPRESENTATIONS. No representations or promises shall be binding upon the parties to this Sublease Agreement except those promises and representations contained herein or in some future writing executed by the parties. 25. SECTION HEADINGS. Section headings in this Sublease Agreement are intended for convenience only and shall not be taken into consideration in the construction or interpretation of this Sublease Agreement or any of its provisions. 26. APPLICABLE LAW. This Sublease Agreement shall be construed and interpreted in accordance with the laws of the State of Colorado and venue for any action hereunder shall be in the courts of Eagle County. 27. ACKNOWLEDGMENT AND SUPPORT OF ERWSD'S ADJOINING USES. Sublessee expressly acknowledges that ERWSD uses adjoining property as a wastewater treatment plant, and recognizes that despite ERWSD'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. Sublessee agrees to make reasonable efforts to disseminate information to all occupants of the Leased Premises regarding the potential for the emission of odors from ERWSD's wastewater treatment plant and Sublessee's express acceptance of such occurrences and affIrmative desire to enter into this Sublease Agreement fully aware of those occurrences. In the event any members of the public overtly criticize ERWSD for such odors as the odors relate to Sublessee's Leased Premises, Sublessee agrees to cooperate with ERWSD in making any public statements ER WSD deems necessary. 28. ADDITIONAL INDEMNIFICATION. In addition to the general indemnification and insurance requirements provided under Sections 12 and 19 of this Sublease Agreement, to the extent allowable by law, Sublessee agrees to indemnify and hold County and ERWSD harmless against any and all claims, loss, damage, or liability brought or incurred by occupants of the Property, or related persons, resulting from any emission of odors from ER WSD' s wastewater treatment plant. 7 J,:, . . . EXHIBIT A A tract of land located in the Southwest ~ 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 ~ follows: Considering the west line of the Southwest ~ of said Section 31 as bearing N 00 degrees 10' 23" E and with all bearings contained herein relative thereto: Commencing at the Southwest comer of said Section 31; thence, along the said west line NOD degrees 10'23" E, 645.00 feet to the True Point of Beginning. Thence, 436.22 feet along the arc of a non-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 ~ 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. J:\CONTRACTS\2004 contracts\EWSD Lea$8 (2).doc 6