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Home My WebLink AboutC06-293 Eagle Valley Humane Society Lease Agreement LEASE AGREEMENT THIS Agreement is made and entered into this day of , 2006 between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as "Landlord") and the Eagle Valley Humane Society, a Colorado non-profit corporation (hereinafter referred to as "Tenant"), WITNESSETH: WHEREAS, Eagle County owns property commonly knovm as the Eagle County Animal Shelter in Eagle, Colorado ("'FacWty"), WHEREAS, Eagle County Animal Services Department currently occupies the Facility for the operation of the Eagle County Animal Shelter, WHEREAS, Eag1e~ County is currently willing to make certain portions of the Facility available for use by non-profit organizations benefiting t.~e citizens of Eagle County until such time as those portions of the Facility are converted to use by Eagle County. WHEREAS, Tenant is desirous of utilizing portions of the Facility, pursuant to the tenns and conditions of this Agreement, f()r office space. WHEREAS, Landlord and Tenant acknowledge that space within the Facility has been and is currently available to accommodate Tenant, but that it is not anticipated such space will remain indefinitely available, as the needs of Eagle County continue to grow. WHEREAS, the operations within the Facility create the potential for liability, and therefore, this Agreement is necessary to define the particular space occupied by each entity and the scope of Landlord and Tenant's rights and responsibilities. ~ow, THEREFORE, in consideration of the terms and covenants stated herem, including the rental amount, the sufficiency of which is hereby acknowledged, Landlord fu'1d Tenant agree as follows: ARTICLE I I&.ased Premises Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, the "Leased Premises", described as a portion of the Facility Building consisting of the space currently used as the Humane Society oftlce as well as areas designated for public and volunteer access as more fully depicted as the areas in yellow on the attached floor plan labeled as Exhibit "A" and incorporated herein. Access to the non-publ1c portions of the Facility depicted as the areas in orange on the attached floor plan labeled as Exhibit "B" wm not be allowed without prior approval of Landlord. ARTICLE II vi- /1-' 61 l 900l-sa -gO III d ~~HgO }J=111::JHl::; T'JIi\lII\I\1 V'" I ~\1 ), I ~Jn(\'l ::n'1"'=1 7,,!?7Q7("()JR Terms The term of this Lease is for one (1) years from September 1, 2006 to August 31, 2007 unless terminated earlier as specified in Article XII hereunder. This Agreement may be renewed for four (4) additional tCm1S by mutual written agreement of the parties. ARTICLE III &!!! Tenant agrees to pay Landlord a tixed amount of One (I) Dollar as the fuB rental amount for the term of this Agreement. By executing below, Landlord acknowledges receIpt of this rental sum. ARTICLE IV Insurance Tenant agrees at Tenan.t's own expense to maintain in full force during the Lea'Se Term comprehensive general liability and property insurance for the benefit of its members and the Landlord, which \vill cover Tenant and Landlord against liability for injury to persons andlor property, and death of any person or persons occurring in or about the Leased Premises, Each policy shaH be approved as to fonn by Landlord, The liability under such insurance shall not be less than $150,000 t~}[ anyone person injured or killed, and not less than $600,000 for anyone accident and not than $50,000 property damage. The policies shall na..11e as insured parties Tenant and Landlord and any persons, tinns or corporations designated by Landlord. A copy of the policy or a certificate of insurance shall be delivered to Landlord. ARTICLE V Indemnification Tenant acknowledges that it uses the Leased Premises at its own; sole risk Tenant hereby releases Landlord from liability for any costs, losses or damages of any nature whatsoever which Tenant may suffer as a result of its use of the Leased Premises, except for the willful misconduct of Landlord, Additionally, Tenant will indemnify Landlord and save Landlord harmless from and against any and allliabiHty for any costs, losses or damages of any nature whatsoever suffered or alleged to be suffered by any third party (including Tenant's members, directors, officers, employees and agents) as a result of Tenant's use of the Lease Premises. In case Landlord shall be made a party to any litigation commenced by or against Tenant, then Tenant shall fully protect and hold Landlord harmless and pay aU costs, expense, and reasonable attorney's tees, incurred or paid by Landlord in connection with such litigation, to extent allowed by law. ARTICLE VI Utilities 1. Landlord shall provide utHities it deems appropriate to the Leased Premises including electricity and heat With regard to all utilities, it is mutually agreed that landlord shaU not be liable in damages or otherwise for any interruption or failure thereof. vJ It, 618 ':lOOl"~~-gOIlI H IHSfO ~3113HS W!^JINV V Ai I N\;l A I W1()") :n<)\i'" 7;,;,7071:'(,111 2. Tenant agrees that the Leased Premises is solely to be used for the operation of the Eagle Valley Humane Society and not to be used in any manner that would increase the amount of util1ties usually furnished or supplied for the use of the Leased Premises as an Animal Shelter. ARTICLE vn Prohibited Uses Tenant will not use, occupy, or pennit the Leased Premises or dny part thereof to be used or occupied for any unlawful or illegal business, use, or purposes deemed by Landlord to be disreputable, or hazardous, nor in such manner as to constitute a nuisance of any kind, nor tor 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 havingjurisdiction. 2 Tenant 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 tenants in said Facility. Tenant shall at all times be respectful of the other occupants of the Facility. 3, Tenant agrees to adhere to the general direction of Eagle County Animal Services Department with regard to its occupation of the Leased Premises to ensure that Tenant's operation does not reasonably interfere with the operations of the Facility by Eagle County. Such general direction to include, but not limited to, hours of operation., number of employees and volunteers at the Facility, interaction with animals at the Facility, etc. 4. Tenant shall not do or pennit anythmg 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. Tenant shaH, at Tenant's sole cost and expense, comply with any and all requirements pertaining to the Leased Premises of any insurance company necessary tor the maintenance of reasonable fire and public liability insurance covering the Leased Premises. 5. Tenant shall not operate any other types of businesses other than that business identified herein. 6. 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 or any substance or materials identified by a Material Safety Data Sheet (MSDS) indicating a health, fire or reactivity rating of one (l ). ARTICLE VIII Repairs, Alterations and Improvements u4- J~I 900l-r; , -90 lUG 9l6P:;O ),Elll=JHS lVl^JII>J\;i \:{!^il~Pd 11 !\In,.v"'] :rln\-f:] 7-h+'7Cl'7:"f'ti::< Tenant shall keep the Leased Premises, except for structural porilous, in good order, condition and repair. 2. All reasonable alterations, improvements, and/or additions to the Leased Premises by Tenant will only be done at Tenant's expense after obtaining Landlord' 3 written consent 3. Unless othcf\.\lise agreed by Landlord. all alteration~, improvements, partitions, flooring, carpeting or fixtures, including but not limited to light fixtures, electrical fixtures, and plumbing fixtures, and other changes to the Leased Premises which may be made or installed by either of the parties hereto and which in any manner are attached to the floors, walls, windows, or ceilings are to become, at the option of Landlord, th~ property of Landlord upon the ternlination this Agreement, however such termination shall occur, and shall remain upon and be surrendered with the Leased Premises without reimbursement by Landlord to Tenant for the cost of any such alterations, nnprovements or changes. If Landlord elects that allY of the alterations, improvements or changes be removed by Tenant upon termination of this Agreement, Tenant shall remove the same prior to the terminaticn hereof and shall repair any damages caused by such removaL 4. At the expiration of the lease term, Tenant shall remove aU of its movable trade fixtures which shan not be the property of Landlord under the foregoing provisions of this paragraph, Tenant's obligations to perform the covenants contained in this Paragraph of this Agreement shall survive the expiration or other termination of this Agreement. ARTICLE IX Assifmment and Subleftinsz Tenant shall not assign this Agreement nor any interest herein, or permit the use of the Leased Premises by any person or persons other than Tenant, or sublet the Premises in whole or in part without Landlord's prior written consent which may be withheld at Landlord's sole discretion. ARTICLE X Access to Premises Landlord and Landlord's authorized representative shall have the right to enter upon the Leased Premises at all times to inspect the same to make repairs, additions or alterations to the Premises and for any lawful purpose. ARTICLE XI Default Delinquency by Tenant in the perfonnance of or compliance with any of the obligations of Tenant contained in this Agreement, for a period of ten (l0) days after written notice thereof from Landlord, shall constitute a default of this Agreement by Tenant. ARTICLE XII vA- ~{1.1 6/ ~ 900l-g ~ -gO III ~;C.()C;gO ,=!3113hS l\if'\!INV \filll~\;f .t I WYY, ::n').",:; 7f1ir707CYt /P Termination 1. This Agreement may be terminated upon the occurrence of any of the following: a Default of the Tenant in performance of its obligations hereunder; b. Written notification by either pany that this Agreement will terminate for any reason whatsoever, with or without cause, specifying the date of termination. Said temlination date shall be no sooner than five (5) 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, Tenant shall peacefully surrender the Leased Premises to Landlord, and Landlord upon or at any time after any such expiration, may, without fur"..her notice. peaceably reenter the Leased Premises and take control of the same. 3, No such termination of this Agreement shan relieve Tenant's liability and obligations under this Agreement ARTICLE XIII Waim One or more waivers of any covenant or condition by Landlord shall not be construed as a waiver of a subsequent breach of the same or any other covenant or condition, and the C011sent or approval by Landlord to or of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or of any subsequent similar act by Tenant. No waiver of any provision of this Agreement shall be effective unless itis in writing and signed by Landlord. ARTICLE XIV Hold Over Tenant acknowledges that the term of this Agreement expires on August 31, 2007 and agrees to vacate the premises on or before said date. However, if Tenant 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 aU the conditions, provisions and obligations of this Agreement insofar as the same are applicable to a month to month tenancy. ARTICLE XV Notic~ 1, All notices to be given with respect to this Agreement shall be in writing. Each notice shall be personally delivered or 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, tAl 1(]1 6J 9 900l-,;l-9owd SVllgO }j:J Il'lh'< 'WIIIJIM\f W:Ailr..IW 1 I ~i(lfV''\ :nC\\..!"'::J LandlordILessor Eagle County; c/o Eagle County Animal Services Department Attn: Natalie Duck 500 Broadway P.O. Box 850 Eagle, CO 8163 ] Tel (970) 328-3647 Tenant/Lessee Eagle Valley Humane Society P.O. Box 4105 Eagle, CO 81631 Tel (970) 328-7387 2. Every notice shall be deemed to have been given at the time it vv-as delivered or three (3) days following deposit in the United States mail in the manner prescribed herein. ARTICLE X'1 Attorney's Fees & Waiver of~ht to JUry In event any litigation or other action or proceeding between the parties hereto arising out of the performance or nonperfonnance of this Agreement, or entorcement of any rights or remedies hereunder, induding any indemnities herein contained, the prevailing party shall be entitled in such litigation, action or proceeding tfJ also recover as part of any judgment, award or other relief, its reasonable attorney's fees and costs incurred. Landlord and Tenant expressly waive any right which either may have to tnal 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 Al!reement, Amendments This Agreement, with attachments, constitutes the entire agreement of the p<iJ"1ies 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 XVIII 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. W. ,,(t.I fill 900z-cn.go LUO 617lG gO i:Elll::jH" lV INI ~I'd 'tIiAi!~I\-I 111\1(jr\'-'~ ::nC',h':J 7+,....707("()j~ 3 This Agreement shall be construed in accordance with the laws of the State of Colorado. The parties stipulate and consent to the exclusive jurisdiction arld venue of the District Court, Eagle County, Colorado, in any civil action ""hieh 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 ofthe respective corporations. 5, The Tenant for itself: its personal representatives, successors in interest, and assigns, as part oftbe consideration hereot: does hereby covenant and agree that no person on the sole grounds of race, color, religion, national origin, gender, age, military status, martial status. or physical or mental disability shall be excluded from participation in, denied the benefits ot~ or otherwise subjected to discrimination in the use of the Leased Premises. 6. Ko agent, employee or volunteer of Tenant shall be deemed an agent, employee or volunteer of the Landlord. Likewise, no agent, employee or volunteer of La."ldlord shall be deemed an agent, employee or volunteer of the Tenant. 7. Tenant acknowledges that the Leased Premises is not secure from entry by users of other space in the same building. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year tirst above \....rltten. LANDLORD: COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners By: Teak J. Clerk to the Board of County Commission 6;i1 900l-S; ~ -gO 1lI ~9S1:<;;O "1:Hll=JHS lVll\I!NV \fiNI\lV 11 ~lnn., :::!'1r,\V:) 7-,",h707("(1 Jf:, STATE OF COLORADO) C01NTY OF EAGLE) S5. Name: Title: me this Witness my hand and official seal. My commission expires: 6 900<'>9 , -90 lUG OD ,O:ZO }Fl i l=lH" 1\111"1 I\11d \:IWI'J\-I j !\lnr\'-", '=nn\.J~ day of td. "~t COMJERCIAL GENERAL UA8IUTY SCHEDULE OF CLASSIFICATIONS AND RATES Named lneurect 5ag::Le Va1.I.ey ~ Soc,icey . No. location Address (Premises you own, renter occupy); 1400 Pakgrooads Rd Bldg. No. Eagle co 81631 Coda No. 41668 au.~ Premium is: lil Adjustable (See Premium Audit~1 Rat tHotA~j Fufty Earned When Written Miflimum Pr9mium location Address {Premisea yooown,renter occupy}: lW Poley NlD.abet. 2108521632 Effective Date: 01lO4l2OO6 County, Borough or Parish 100 AI Ottler Ratege.t &di $ 8.000 AdwncePremWm: $ 800,00 Premitlm Base Bldg. No. &gIe 0081631 Code No. Classification 42039 Dog " ca~ ~ 1at= I:c in ~l",d by ~_t:: Fully Premium is: (81m Premium Sese 3 Ramp<< Baeh Ad~Premium: Rat !Hot Ad~* Fully Earned Wher1 Written Minimum Premium loco No. LocationAddrus{Premises youown.rentoroceupy): Bldg. No. Code No. Classification Premium is: Adjustable CSee Pren'lNm ~Corddcns) o Flat fNotAdjulstablo>~ o Earned When Written tJ Minimum Premium o Premittm Be_ Rate Advance PfemWm: County, Borough Of Perish AI Other , 100.000 3OOro County, Borough 01' Pwlsh MOther $ $ Raring Terr. Prod.-C.Ops $lNCL $ , RamgTwr. 02 Prod.-C. Ops $INCL . R~n9Terr. Prod.-C.Ops . $ See Schedule of C1essification$ end RatM (1FG-G-0003) for additional tocatJon$ you own. rent or QCCupy anc! applicable daMifications and rates and premiums. IFG-G"()()()2-Dl 0503 Cd ~i:ln :2T 9OBC' ~ '..tdtf 'm XY.::i Page 20f2 ~ .... . poncy Number: 210B521632 COMMERctAl. GENERAL UABIUTY "CaIpanits . DECLARATIONS Named Insured: Effective Date: &,Ie Valley Hmaaae Society 01~ Item 1. UMITS OF INSURANCE $2,000.000 G8n4N'aI Aggregate Limit {Other Than Products - Completed Operations} $lNiCL. IN GEN. AGO. Products . ~ Ope!"Blions ~ Limit $11XXJ$XKJ P....onaI and AdvertIsing Injury Umit $1.000,000 Each Occurrence Unlit $100,()OO O~ To Pntmises ~ To You limit (Any One P.ftnlsesc) $SJm Madif;af ExpOnH limit iAny One Person) Re-rw to individllat poficy forms and/or endorsements for varioue ~ sublimtts, If appIic-tW. Item 2- AUOfTPERfOO (If - ; 00 Annually o Semi-Annually o Ouarterly o Monthly Item 3. FORM{S) AND ENOORSEMENT{$J made a P8I101thisDOlic\<tlt1imeofiesuo: See listingofFQrme and Endorsements OFa.,-o15o) Item 4. COMPosITe RATE o Ifbox is d1ecIced. He Compo..tite Rate Endorsement e,ro.J..0152J for~ danifteMion, ratM and PI'emims. lfbox;$ noteh8oked.see page 2ofthes:e OecI8t.du,..for~ ctassificAoos. r&tss .and . Item 5. RETROACTIVE DATE (CG 00 02 onM ; Coverbge A of this lmunmee does not apply to "bodily Injury" or -property ctem.ve.""ich 00CUf'S before the Retroaetive o.te. if env. lIhown here: ffntw 0.. 01' "ffwle' If no Aar.......tiw 0........ Item 8. PREMIUMS * 1,100.00 TOTa' Coverage Pert AdvancePremiucn $ Covereg. Part Minin1umPremium Cif~~ 1'\csc noeJa-..... - fMIt crt tIx> ,., ~;' ..... c 0-4-'.1IIe __ of... i-.r _die pc&g,- pIIbl IFG-G..oOO2-Dl0503 Page 1012 Id WdJr :ZT 908C ~ '..ldtJ 'OH X1:J.:l : ~.:l