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HomeMy WebLinkAboutC06-048 LEASE AGREEMENT THIS Lease Amendment is made and entered into day of '\b/ttk~te:t~I~, 2006 between Eagle County, by and through its Board of County Commissioned (hereinaft# referred to as "Lessor") and the Friends of Eagle A.A., a Colorado non-profit corporation (hereinafter referred to as "Lessee"). WITNESSETH: WHEREAS, Eagle County owns property commonly known as the modular building (hereinafter referred to as "Facility") located at the Eagle County Fairgrounds on the south side of the exhibit hall Eagle, Colorado. WHEREAS, Eagle County is desirous of making certain portions of the Facility available for use by non-profit organizations benefiting the citizens of Eagle County until such time as those portions of the Facility are converted to use by Eagle County. The portions of the Facility to be made available more accurately shown on the attached Exhibit "A" and incorporated herein. WHEREAS, Lessee is desirous of utilizing portions of the Facility on a non-exclusive use basis pursuant to the terms and conditions of this Agreement for the Friends of Eagle A.A. which provides support groups for the community. NOW, THEREFORE, in consideration of the terms and covenants stated herein, including the renal amount, the sufficiency of which is hereby acknowledged, Lessor and Lessee agree as follows: ARTICLE I Leased Premises Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, the "Leased Premises", described as approximately 1008 square feet of space located in the 1983 "Elder" modular building, as more particularly identified and shown on the attached Exhibit "A". ARTICLE II Term The term of this Lease shall continue month to month without further notice until terminated by either party giving thirty (10) days notice to the other. Holdover provisions are described in Article XIV. ARTICLE In Rent Lessee agrees to pay Lessor a fixed amount of$30.00 (Thirty Dollars) per month payable in advance on the first day of each and every calendar month during the term of this lease, except for one month during the Eagle County Fair and Rodeo. The month of exemption will be at the Lessor's discretion. The rent for a fractional month during the term of this lease shall be prorated if the Lease does not commence on the first day of a calendar month. ARTICLE IV Insurance Lessee agrees at Lessee's own expense to maintain in full force during the Lease Term comprehensive general liability and property insurance for the benefit of its members and the Lessor, which will cover Lessee and Lessor against liability for injury to persons and/or property, and death of any person or persons occurring in or about the Leased Premises. Each policy shall be approved as to form by Lessor. The liability under such insurance shall not be less than $1,000,000 for anyone person injured or killed, and not less than $500,000 for anyone accident and not less than $500,000 property damage. The policies shall name as insured parties Lessee and Lessor and any persons, firms or corporations designated by Lessor. A copy of the policy or a certificate of insurance shall be delivered to Lessor. ARTICLE V Indemnification Lessee acknowledges that it uses the Leased Premises at its own, sole risk. Lessee hereby releases Lessor from liability for any costs, losses or damages of any nature whatsoever which Lessee may suffer as a result of its use of the Leased Premises, except for the willful misconduct of Lessor. Additionally, Lessee will indemnify Lessor and save Lessor harmless from and against any and all liability for any costs, losses or damages of any nature whatsoever suffered or alleged to be suffered by any third party (including Lessee's members, directors, officers, employees and agents) as a result of Lessee's use of the Lease Premises. In case Lessor shall be made a party to any litigation commenced by or against Lessee, then Lessee shall fully protect and hold Lessor harmless and pay all costs, expense, and reasonable attorney's fees, incurred or paid by Lessor in connection with such litigation, to the extent allowed by law. ARTICLE VI Utilities. Maintenance and Repairs 1. Rent includes all utilities, and common area operation and maintenance fees. Lessee agrees that it will not install any equipment or in any way increase the amount of utilities usually furnished or supplied for use of the Leased Premises as general office space. 2. Lessor shall cause the foundations, sub-floor, exterior walls and roof of the building to be kept in good repair, except that Lessor shall not be responsible for any such repairs which become necessary or desirable by reason of the act or negligence of Lessee, its agents, servants, employees or invitees. The costs of repair shall be additional rent for the month next following such repair. 3. Except as provided in item (2) of this section, Lessee shall keep the Leased Premises and all equipment, facilities and fixtures therein contained in good order, and in a clean, sanitary and safe condition. Lessee shall permit no waste, damage or injury to the Leased Premises. If Lessee refuses or neglects to commence repairs within ten (10) days after written demand, or adequately to complete such repairs within a reasonable time thereafter, Lessor may, in addition to any other remedy it may have, make the repairs without liability to Lessee for any loss or damage that may occur to Lessee's stock or business by reason thereof, and if Lessor makes such repairs, Lessee shall pay to Lessor or demand as additional rent the cost thereof with interest at 18% per annum from the date of payment by Lessor until paid by Lessee. ARTICLE VII Prohibited Uses 1. Lessee will not use, occupy, or permit the Leased Premises or any part thereof to be used or occupied for any unlawful or illegal business, use or purposes deemed by Lessor 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, County of Eagle, Town of Eagle, or other municipal, governmental, or lawful authority whatsoever having jurisdiction. 2. Lessee shall not perform any act or carryon any practices which may injure the Facility of which the Leased Premises form a part or be a nuisance or menace to other Lessees in said Facility. 3. Lessee shall not do or permit anything to be done in or about the Leased Premises or bring or keep anything therein which will in any way increase the rate of fire insurance upon the building wherein the Leased Premises are situated. Lessee shall, at Lessee's sold cost and expense, 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. 4. Lessee shall not operate other types of businesses other than that business identified herein. 5. No hazardous substances or materials are allowed on the Premises. Hazardous substances or materials are those which are identified by State of Colorado or Federal law or regulation as any substance with a hazardous materials classification greater than one (1) for heath, fire or reactivity and/or any specific hazard designation. 6. No storage of any items, garbage, chairs, tables, etc. may be placed outside of the Leased Premises, e.g. on sidewalks, in common areas, on parking surfaces, etc. ARTICLE VIII Use of Leased Premises and Common Use Areas and FaciItiies 1. This Lease does not grant unto Lessee an exclusive use of the Leased Premises. The Leased Premises are used by the Lessor; and they may also be leased or otherwise provided for use to other organizations by and at the sold discretion of the Lessor but not to the exclusion of the Lessee. 2. The Leased Premises may be used by Lessee solely for the purposes of conducting A.A. meetings. Those meetings may be held only during the hours Mondav 8:00 p.m. - 9:00 p.m., Wednesday 11:30 a.m. -1:30 p.m., Thursdav 7:30 p.m. - 8:30 p.m., Saturday 8:30 a.m. - 9:30 a.m., provided that the schedule may be changed by the County upon notice. 3. Lessee may leave its furniture in the Leased Premises during periods when it is not holding meetings. Lessee may hang pictures and posters on the wall of the Leased Premises which are not offensive to Lessor, to be determined by Lessor's sold discretion. 4. Lessee may use the kitchen facilities adjacent to the Leased Premises during its meetings. 5. Lessee shall be responsible for cleaning the Leased Premises after each meeting, and may place refuse from Leased Premises in Lessor's dumpster. However Lessee (and its employees, agents and clients) may not use Lessor's dumpster for personal refuse disposal. 6. All facilities furnished in the Building and designated for the general common use which facilities include, but are not limited to, corridors, stairs, loading platforms, washrooms, shelters, ramps, landscaped areas and similar facilities, shall at all times be subject to the exclusive control of management of Lessor, and Lessor shall have the right from time to time to change the area, level, location and arrangement of such things as in Lessor's sold discretion may be necessary regarding such facilities; and to make all rules and regulations pertaining to and necessary for the proper operation and maintenance of the common facilities. 7. Lessor hereby grants to Lessee, its agents, customers and invitees, the nonexclusive right for and during the term of this Lease and any extension thereof to use the parking provided. ARTICLE IX Assi2nment and Sublettin2 Lessee shall not assign this Agreement nor any interest herein, or permit the use of the Leased Premises by any person or persons other than Lessee, or sublet the Premises in whole or in part without Lessor's prior written consent which may be withheld at Lessor's sole discretion. ARTICLE X Access to Premises Lessor and Lessor'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. Lessor agrees to provide Lessee with reasonable notice whenever Lessor deems necessary to enter upon the Premises and agrees to protect the privacy rights and confidential information concerning Lessee's clients. ARTICLE XI Default Delinquency by Lessee in the performance of or compliance with any of the obligations of Lessee contained in this Agreement, for a period of ten (10) days after written notice thereof from Lessor, shall constitute a default of this Agreement by Lessee. ARTICLE XII Termination 1. This Agreement may be terminated upon the occurrence of any of the following: A. Default of the Lessee in performance of its obligation hereunder; B. Written notification by either party that this Agreement will terminate for any reason whatsoever, with or without cause, specifying the date of termination. Said termination date shall be no sooner than ten (10) days from the date of notification. 2. Upon the conclusion of this Agreement pursuant to this Article or pursuant to expiration of the stated term, Lessee shall peacefully surrender the Leased Premises to Lessor, and Lessor upon or at any time after any such expiration, may without further notice, peaceably reenter the Leased Premises and take control of the same. 3. No such termination of this Agreement shall relieve Lessee's liability and obligations under this agreement. ARTICLE XIII Waiver One or more waivers of any covenant or condition by Lessor 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 Lessor to or of any act by Lessee requiring Lessor's consent or approval shall not be deemed to waive or render unnecessary Lessor's consent or approval to or any subsequent similar act by Lessee. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by Lessor. ARTICLE XIV Hold Over Lessee acknowledges the terms of this Agreement. However if Lessee should remain in possession of the premises after the expiration of the Agreement term for whatever reason and without executing a new Agreement, then such holding over shall be construed as a tenancy from month to month, subject to all the condition, provisions and obligations of this Agreement insofar as the same are applicable to a month to month tenancy. ARTICLE XV 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. Lessor Lessee Eagle County Friends of A.A. c/o Eagle County Facilities Management Attn: Tom Ehrenberg Attn: Helen Migchelbrink P.O. Box 1955 500 Broadway Eagle, CO 81631 P.O. Box 850 (970) 328-7800 Eagle, CO 81631 2. Every notice shall be deemed to have been given at the time it shall be deposited in the United States mail in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. ARTICLE XVI Attorney's Fees and Waiver of Ri2ht to Jury In the event of any litigation or other action or proceeding between the parties hereto arising out of the performance of 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. Lessor and Lessee expressly waive any right which either may have to trail 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 XVII Entire A2reement, Amendments This Agreement, with attachments, 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 XII 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 be 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. The Lessee for itself, its personal representatives, successors in interest, and assigns, as part of the considerations hereof, does hereby covenant and agree that no person on the sole grounds of race, religion, national origin, gender, age, military status, marital status, or physical or mental disability shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of the Leased Premises. 6. No agent, employee, or volunteer of Lessee shall be deemed an agent, employee or volunteer of the Lessor. Likewise, no agent, employee or volunteer of the Lessor shall be deemed an agent, employee or volunteer of the Lessee. 7. Lessee acknowledges that the Leased Premises is not secure from entry by users of other space in the same building. //REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANKJ/ IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. LESSOR: ATTEST: By: A Eagle County Board of County Commissioners LESSEE: By: Name: Title: STATE OF COLORADO) ss. COUNTY The foregoing instrument was acknowledged day of 2006, by Witness my hand and official seal. My commission expires: K!fvl BALZARINI NOTARY PUBLIC OF COLORADO My Commission Expires 04/07/2009 G:\LEASES\2006 AA Lease Agreement.DOC /' / ( r, ,.,.- - - ~ EXHIBIT "A" - , L!. .. ~ '"' :; ~" .... 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