HomeMy WebLinkAboutC06-249
EDWARDS ANNEX BUILDING LEASE
This lease is entered into this day 2006, by and between EAGLE RIVER
WATER & SANIT A nON DISTRICT, a quasi-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 as 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 1,2006 and expiring on August 31,2007. 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, 2007, 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 $2000.00 on or before the first day of each month beginning
September 1,2006.
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 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%
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 the 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 anyone 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. In the event
subleasing is approved by the District, Lessee agrees that the total of sublease rents
per month shall not exceed the total monthly rent paid the District as provided for in
Paragraph 2 above.
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.
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12. Attorney's 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 under this Lease shall be provided to the following:
Marian Phelps
Eagle River Water & Sanitation District
846 Forest Road
Vail, CO 81657
Eagle County Government
P.O. 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. Acknowledgement and Support of Lessor's Adioining Uses. 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 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 Information. In addition to the general indemnification and insurance
provided under Section 8 of this Lease, to the extent allowable by law 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.
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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 & SANIT A TlON
DISTRICT
Attest:
STATE OF COLORADO)
) ss.
COUNTY OF EAGLE )
The foregoing Lease was acknowledged before me this day of ,
2006, by Dennis Gelvin as General Manager of the Eagle River Water & Sanitation District.
Witness my official seal.
Notary Public
My commission expires:
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EXHIBIT A
A tract ofland located in the Southwest Y4 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 Y4 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 N 00 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, 43.564 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 Y4 of Section 31; thence
along the said west line N 00 degrees 10'23" E' 18.00 feet to the True Point of
Beginning. The above described tract contains 3.14 acres.
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