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HomeMy WebLinkAboutC06-326 HEALTH AND HUMAN SERVICES EDWARDS ANNEX SUBLEASE AGREEMENT BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND EAGLE RIVER YOUTH COALITION THIS SUBLEASE is made and entered into this 31 st day of October, 2006, 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 Eagle River Youth Coalition, a Colorado non-profit corporation (hereinafter "Sublessee"). RECITALS WHEREAS, on August 8, 2006, 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 Sub lessee; 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 of ER WSD; and WHEREAS, ER WSD consents to the County entering into this Sublease Agreement with Sublessee. AGREEMENT NOW THEREFORE, based upon and in consideration of the recitals, promises and covenants set forth herein, County and Sublessee do hereby agree as follows: 1. DEMISE. County hereby leases to Sublessee a portion of the Property designated as Room 103B 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, 2007 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 Sublessor for a renewal ofthis Sublease Agreement. Such request shall be made at least three (3) months prior to the expiration of the current term. Upon expiration or termination of this Sublease Agreement for any reason, Sublessee shall promptly surrender possession of the Leased Premises to Sublessor. 3. RENT. Sublessee agrees to pay County as rent for the Leased Premises the sum of $125 per month beginning January 1,2007, payable in advance. 4. ENCUMBRANCE OF SUBLESSEE'S LEASEHOLD INTEREST. Sublessee shall not encumber by mortgage, deed of trust or other instrument, its leasehold interest and estate in the Leased Premises as security for any indebtedness of Sublessee. 5. NO ASSIGNMENTS OR OTHER SUBLEASE. Sublessee shall not sell or assign this Sublease Agreement or any part hereof, or any interest therein. Nor shall Sublessee re-sublet the subleased premises in whole or in part. This Sublease Agreement shall not be assigned by operation oflaw. Any attempt to sell, assign or sublease shall be sufficient grounds for dispossession and such assignment, sale or lease shall be void. 6. REPAIRS AND MAINTENANCE. Sublessee accepts the Leased Premises in its existing, as-is condition. The Sublessee shall keep the Leased Premises and any buildings or improvements thereon in good condition and repair. In the event the Leased Premises are not maintained as set forth above, County may elect to terminate this Sublease Agreement or alternatively may elect to perform any work and make all repairs it deems necessary and shall submit a statement for such repairs, maintenance and work to Sublessee for immediate payment which they agree to pay. The Sublessee shall be solely responsible for interior maintenance such as paint and carpet cleaning and day to day maintenance, including but not limited to replacement of light bulbs. County shall be responsible for the cost of trash or refuse removal and snow removal from the Property. County shall also be responsible for procuring and administering janitorial services for the Leased Premises. Such cleaning and maintenance costs shall be prorated based on actual cleaning expenses for the Leased Premises and Sublessee shall promptly reimburse the County for such cleaning and maintenance costs 7. UTILITIES. Sublessee shall be responsible for all utilities including water, electrical and heating to the Leased Premises. Sublessee shall also be solely responsible for telephone installation and service, computer lines and changing of any interior locks. 8. IMPROVEMENTS. Prior to making any alterations, improvements or changes to the Leased Premises, Sublessee shall obtain the prior written consent of County and shall also receive all necessary permits associated with such improvements. Notwithstanding the foregoing, Sublessee shall not be allowed to tear down or remove any walls on the Leased Premises. 9. SUBLESSOR TO ENTER. Sublessee shall permit County, and its respective agents at all reasonable times to enter upon the Leased Premises to view the condition of the Leased Premises and any improvements for the purpose of inspection or the making 2 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 the Leased 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 County 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. (t) 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. n. 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 employees to ensure the maintenance ofthese high standards of customer service and professionalism, the performance of such obligation to be determined at the sole discretion of County. In the event that County finds these standards of customer service are not being met by the Sublessee, County may terminate this Agreement, in whole or in part, upon providing thirty (30) days' written notice to Sublessee. 12. INDEMNIFICATION. Sublessee agrees that its use ofthe Leased Premises is at its own and sole risk. Sublessee hereby releases County from liability for any costs, losses or damages of any nature whatsoever which Sublessee may suffer as a result of its use of the Leased Premises, except for willful misconduct of County. County shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by Sublessee or by any person who may at any time be using or occupying or visiting the Leased Premises or be in, on or about the same, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Sublessee or any occupant, visitor, or user of any portion of the Leased Premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth, and Sublessee shall indemnify County against the foregoing including but not limited to, all claims, liability, loss or damage whatsoever to any person on account of any such loss, injury, death or damage. Sublessee hereby waives all claims against County for damages to the Leased Premises and any buildings and improvements that are now on or hereafter placed or built on the Leased Premises and to the property of Sublessee in, on, or about the Leased Premises and for iiYuries to persons or property in or about the Leased Premises, from any cause arising at any time. In the event County should be made a party to any litigation commenced by or against Sublessee, Sublessee shall fully protect and hold County harmless and pay all costs, expenses and reasonable attorney fees incurred or paid by County in connection with litigation, to the extent allowed by law. Sublessee shall further indemnify County against all costs and expenses including attorney fees in discharging the Leased Premises from any charge, lien or encumbrance or in obtaining possession after default of Sublessee or the termination of this Sublease Agreement. 13. SURRENDER. At the termination of this Sublease Agreement, Sublessee shall surrender the Leased Premises and shall remove all improvements installed thereon and thereto and shall restore the premises to its original condition, excepting tear as be in accordance with the covenants contained herein. To the extent that any damage is caused to the Property by such removal, Sublessee shall repair such damage. 14. NOTICES. All notices, demands, or other writings in this Agreement provided to be given, made or sent shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, certified and postage prepaid and addressed as follows: 4 SUBLESSOR: Eagle County County Attorney P.O. Box 850 Eagle, CO 81631 SUBLESSEE: Eagle River Youth Coalition Cristina Gair, Executive Director P.O. Box 4613 Edwards, CO 81632 Phone: (970) 926-3250 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) Compliance 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 shaH 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 ofSuhlessee, 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 obligations of any incurred by Sublessee, and at all times promptly and fully to 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 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 party shall be entitled to recover from the other party as part ofthe prevailing party's costs, reasonable attorney fees, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 18. REMEDIES CUMULATIVE. All remedies hereinbefore and hereafter conferred on County shall be deemed cumulative, and no one remedy shall be exclusive of the other or of any other remedy conferred by law. 19. INSURANCE. Sublessee shall at its expense maintain in effect throughout the term ofthis Sublease Agreement general liability (including personal injury) insurance. Sublessee shall maintain such coverage in the minimum amounts of$150,OOO per person, and $600,000 per occurrence. Such policy shall name County as an additional insured and shall be written in a form satisfactory to County. Sublessee shall deliver certificates of insurance to County upon County's request. Such policy must provide for twenty (20) days notice before the policy in question shall be altered or cancelled. 20. NOTICE OF DEFAULT. Sublessee shall not be deemed to be in default hereunder unless County shall first give to Sublessee ten (10) days written notice default, and Sublessee fails to cure such default within such ten (l0) day period. 21. TERMINATION. This Sublease Agreement may be terminated upon the occurrence of any of the following: (a) Default of Sublessee in the performance of its obligations hereunder; (b) Written notification by either party that this Sublease Agreement will terminate for any reason whatsoever, with or without cause, specitying the date of termination. Said termination date shall be no sooner than thirty (30) days from the date of notification. Upon the conclusion of this Sublease Agreement pursuant to this Section 21 or pursuant to expiration of the stated term, Sublessee shall peaceably surrender the Leased to and upon or at any time after any such expiration, may, peaceably reenter the Leased Premises and take control of the same. No such termination of this Sublease Agreement shall relieve Sublessee's liability and obligations under this Sublease Agreement. 22. WAIVER. One or more of any covenant or condition by County not as a subsequent breach of the same or any other covenant or condition, and the consent or approval to or act Sublessee requiring County's consent or approval not consem or to or of any similar act by Agreement shall be effective unless it is in writing and signed by County. 6 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, that despite ERWSD's best efforts to odors are occasionally an inherent part of normal operations of a wastewater treatment plant. agrees to efforts to disseminate informatioo to all occupants of the Leased wastewater treatment plant and occmrences afImnative desire to enter into occurrences. event the public overtly criticize ERWSD as 10 agrees 10 cooperate with ERWSD in making any public ERWSD deems necessary. 28. ADDmONAL INDEMNIFICATION. indemnification and insurance requirements or incurred by emission of odors from ERWSD's or 7 IN WITNESS WHEREOF the parties have executed this Sublease Agreement on the day first written above. SUBLESSOR: ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS SUBLESSEE: EAGLE RIVER YOUTH COALITION, a Colorado nonprofit Corporation 8 CONSENT AND APPROVAL Eagle River Water & Sanitation District, a quasi-municipal corporation, hereby consents to and approves the Sublease from County of Eagle, State of Colorado to The Eagle River Youth Coalition. EAGLE RIVER WATER & SANIT A nON DISTRICT Dennis Gelvin, General Manager STATE OF COLORADO) )ss. COUNTY OF ) The foregoing Consent and Approval was acknowledged before me this day 2006, by DENNIS GELVIN as General Manager of Eagle River Water & Sanitation District. Witness my hand and official seal. Notary Public My commission expires: 9 EXHIBIT A A tract of land 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 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 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. 1 HHS Edwards Annex MAIN ENTRANCE 32' 7' 32' ROOM 107 ROOM 100 ROOM 105 135' "<, 135' 13.5' COpy ROOM & WORK ROOM ROOM 1 04 0,5' MEN'S RESTROOM , , 13.5' WOMEN'S RESTROOM 6,5' 13.5' 135' 13.5' 135' S T o R A G E ROOM 101 7' 3,5' 13.5' 135' STORAGE ROOM 103 ROOM 102 UNAVAILABLE