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Home My WebLink AboutC07-335 Eagle Valley Humane Society Lease AgreementLEASE AGREEMENT This Agreement is made this day of2007 by Eagle County, a political subdivision of the State of Colorado ("Landlord"), and the Eagle Valley Humane Society, a Colorado non-profit corporation ("Tenant"), WITNESSETH: WHEREAS, Eagle County owns and maintains a facility ("Facility") in Eagle, Colorado known as the Eagle County Animal Shelter in Eagle, ("AS"); and WHEREAS, Eagle County's Animal Services Department currently occupies the Facility for the operation of the Eagle County Animal Shelter; and WHEREAS, Eagle County is willing to make a portion of the Facility available for use by Tenant in accordance with the terms and conditions hereinafter set forth; and WHEREAS, Tenant wishes to utilize a portion of the Facility in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of foregoing premises and the following promises, Landlord and Tenant agree as follows: ARTICLE I Leased Premises/Access A. Tenant Office. Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, that portion of the Facility designated as 'Tenant Office" on the layout drawing attached as Exhibit A hereto and made a part hereof by this reference ("Leased Premises"). B. Public Areas. Tenant's employees, volunteers, guests and other representatives will have access to and the right to be present in the portion of the Facility designated as "Public" on Exhibit A ("Public Areas") during normal office hours of the AS. C. Tenant's employees, volunteers, guests and other representative will have no access to and no right to be present at any time in the portion of the Facility designated on Exhibit A as "Non -Public." D. Tenant's Executive Director and Administrative Assistant, and only such persons, shall have after-hours access to the Non -Public Areas and Tenant Office. E. Keys to the Public area of Facility will be available to AS employees and other authorized County employees or representatives and copies of such keys will be provided to Tenant's Executive Director and Administrative Assistant. Keys to the Tenant office will be provided only to such Executive Director and Administrative Assistant and Eagle County maintenance and emergency response personnel. Tenant shall not make copies of any keys to the Facility or the Leased Premises (Tenant office) or loan any such keys to any person not authorized by this Agreement to possess such keys. ARTICLE II Terms The term of this Lease is for one (1) year from December 1, 2007 to November 30, 2008 ("Lease Term") unless terminated earlier as specified in Article XII hereunder. This Agreement may be renewed for additional, consecutive one (1) year terms by written agreement of the parties. ARTICLE III Rent Tenant agrees to pay Landlord a fixed amount of One (1) Dollar as the full rental amount for the term of this Agreement. By executing below, Landlord acknowledges receipt of this rental sum. ARTICLE IV Insurance Tenant agrees at Tenant's expense to maintain in full force during the Lease Term comprehensive general liability and property insurance for the benefit of its members and the Landlord. Such insurance must insure Tenant and Landlord against liability for injury to persons and/or property, and death of any person or persons occurring in or about the Leased Premises, including the area surrounding the Facility and the Public Areas of the AS. Each policy shall be approved as to form by Landlord. The liability under such insurance shall not be less than $150,000 for any one person injured or killed, and not less than $600,000 for any one accident and not less than $50,000 property damage. The policies shall name as insured parties Tenant and Landlord and any persons, firms 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 and Public Areas 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 hold Landlord 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 Tenant's members, directors, officers, employees, guests and agents) as a result of Tenant's use of the Leased Premises, the Public Areas or the area surrounding the AS. 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 all costs, expense, and reasonable attorney's fees, incurred or paid by Landlord in connection with such litigation, to the extent allowed by law. ARTICLE VI Utilities 1. Landlord shall provide utilities it deems appropriate to the Leased Premises including telephone connections, electricity and heat, provided that Tenant shall be responsible for arranging and paying for phone lines to the Tenant office. With regard to all utilities, it is mutually agreed that Landlord shall not be liable in damages or otherwise for any interruption or failure thereof. 2. Tenant agrees that the Leased Premises are solely to be used for the operation of the Tenant and not to be used in any manner that would increase the amount of utilities usually furnished or supplied for the use of the Leased Premises as an Animal Shelter. ARTICLE VII Prohibited Uses 1. Tenant will not use, occupy, or permit the Leased Premises or Public Areas or any part thereof to be used or occupied for any unlawful or illegal business, use, or other purposes deemed by Landlord 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. Tenant shall not perform any act or carry on any practices which may injure the Facility of which the Leased Premises form a part or be a nuisance or menace to other occupants of the 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 or use of the Public Areas 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. In particular, Tenant agrees and understands that it's rights under this Agreement and continued tenancy under this Agreement are governed by and contingent upon its continuing compliance, in the sole obligations to perform the covenants contained in this Paragraph of this Agreement shall survive the expiration or other termination of this Agreement. ARTICLE IX Assignment and Subletting 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 performance of or compliance with any of the obligations of Tenant contained in this Agreement, for a period of ten (10) days after written notice thereof from Landlord, shall constitute a default of this Agreement by Tenant. ARTICLE X11 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. Determination by the County Manager that Tenant is not in compliance with the agreement contained in Exhibit B. C. 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 fifteen (15) 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 return any and all keys previously provided to Tenant or its employees. Landlord upon or at any time after any such expiration or termination, may, without further notice, peaceably reenter the Leased Premises and take control of the same. 3. No such termination of this Agreement shall relieve Tenant's liability and obligations under this Agreement. ARTICLE XIII Waiver 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 consent 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 it is in writing and signed by Landlord. ARTICLE XIV Hold Over Tenant acknowledges that the term of this Agreement expires on October 31, 2008 and agrees to vacate the premises on or before said date or the date of expiration of any additional term. 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 all the conditions, 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 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. Landlord/Lessor Eagle County; c/o Eagle County Animal Services Department Attn: Natalie Duck 500 Broadway P.O. Box 850 Eagle, CO 81631 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 was delivered or three (3) days following deposit in the United States mail in the manner prescribed herein. ARTICLE XVI Attorney's Fees & Waiver of Right to Jury In the event of any litigation or other action or proceeding between the parties hereto arising out of the performance or 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. Landlord and Tenant expressly waive any right which either may have to trial 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 Agreement, 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 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. 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 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 Tenant for itself, its personal representatives, successors in interest, and assigns, as part of the consideration hereof, 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 of, or otherwise subjected to discrimination in the use of the Leased Premises. 6. No agent, employee or volunteer of Tenant shall be deemed an agent, employee or volunteer of the Landlord. Likewise, no agent, employee or volunteer of Landlord 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 first above written. LANDLORD: COUNTY OF EAGLE, STATE OF COLORADO By an Through its Board of County Commissioners 'A� 0 Menconi, Chairman ATTEST: CG� By: �} < Teak J. Sim=Board Clerk to the of County C ers TENANT: STATE OF COLORADO) ss. COUNTY OF EAGLE) EAGLE VALLEY HUMANE SOCIETY By: Name: (2r// Title: �Srje H .T The foregoing instrument was acknowledged before me this day of , 2007, by UO', I h Q rn Lo p k1�- Witness my hand and official seal. My commission expires: / 0 —,;, 5-- a 6 /j XL�, Notary Public Policy Number: 21013521632 0 IF6tcrnponies COMMERCIAL GENERAL LIABILITY DECLARATIONS Named lnsur Effective Date: Eagle Voey� .mane society `07AK/2006 Item 1 LIMITS OF INSURANCE $2,000.000 General Aggregate Limit (Other Than Products - Complete Operations) -%NCL IIsi GF -N. AGG. Products - Completed Operations Aggregate Limit $1,0wpw Personal and Advertising Injury Limit $1000,000 Each Occurrence Limit $100,000 Damage To Premises Rented To You limit (Any One Premise ) $5,000Medical Expense Limit (Any One Person) Refer to individual policy forms andfor endorsements for various oovwage sublimits,�f applicable. item AUDIT PERIOD (if Applicable): Annually ❑ Semi -Annually 0 Quarterly Monthly Item 3. FORM(S) AND EN %EMENT(Sl_made a pertofthi of issue. See Listing of Forms and Endorsements (IFG-1-0150) Item 4. COMPOSITE RATE I] If box is checked, see Composite Rate Endorsement (IFG-1-0152) for applicable classification, rates and Premiums. If box is not chocked, sea page 2 of these Declarations for appffoable classifications. rates and premiums, )tern 5. RETROACTIVE DATE (CG 00 02 only) Coverage A of this Insurance does not apply to "bodily injury" or 'property damage"which occurs before the Retroactive Date, if any, shown here: (Enter bete or 'Nuns" If no Retraectivo rjate apApes, Item 6. PREMIUMS 11100.00 T0121Coverage Part Advance Premium $ Coverage Part Minimum Premium (ifs pplicable) T6es Docluetiom are pen of the Do&cy 0-Aarniom con the taming esus of tlM Ieaucsd sad the Potici' PerkA f Wtf/ /GC�i cIC� Qw tr.44c cc, Ze , l 4 IFG-G-0002-DL 0503 Td WdOT :4T 73E g3 '-Citi Page 1 of� ON XkJd : wo0 JA IFG-G-0002-DL 0503 Ed WdOT:ET 900E 90 'adH : 'ON Xdd Page 2 of 2 : WObd Policy Number; 21OB521632 COMMERCIAL GENERAL LIABILITY SCHEDULE OF CLASSIFICATIONS AND RATES Named Insured: Effective Date: 07/04!2006 Eagle Valley Rufta!is sooioey Loc. No. LocationAddress (Premises you own, rentor occupy): County, 1400 Fairgrounds Rd Borough or Rating Tarr. Parish Bldg. No, Eagle CO 81631 i Coda No. Classification 41668 c1up9 - civic eervice or sQ4ial - laving h ildiWe Qr rsn se5 owned or leased Not -For -Profit onjy - incquQlAg PracuFrts and o- omr�12t d ?eraticrs, These to tie General r,regate Lamit. - Products -c=c etepP Operations are sub;ect Premium is: Adjustable tree Premium Base All Other Prod.-C.Ops Premium AuditGond(tions! ❑ Flat [Not Adjustable) 1W Rats Per P.ach $ 8.000 $INCL $ 800.00 $ ❑ Fully Earned When Written n� a Advance Premium: ❑ Minimum Premium Loc. No. ! Location, Address (Premises you own, rent or occupy): County, 1400 Fairgrounds Rd Borough or Rating Tarr. Parish Bldg. No. Eagle CU 81631 02 Code No. Classification 42039 coG i cat sh.cws later to be scheduled by endorsement Fully Premium is: I Adjustable (see Premium Base All Other Prod,-C.Ops Pre niurn Audltconditions) �—'� 3 Rate Pex Bach $ 100.000 4INCL Flat /Not Adjustable) ❑ Fully Earned When. Written Advance Premium: $ 300.00 $ ❑ Minimum Premium Loc.No,(Promises you own, rent or occupy): County, -ccationAcdress Borough or Rating Tarr, Parlsh ` Bldg, No. I Code No. Classification Premium is: El Adjustable (see Premium Base All Other Prod: C.Ops Premium Au(jitconditlons) Hate $ ❑ Flat (NotAdjustablo) ❑ Fully Earned When Written Advance Premium: $ $ ❑ Minimum Premium ❑ See Schedule of Classifications and Rates (IFG-G-0003) for additional locations you own, rent or ,.,...-4 ar,r.l nahlw rls Rmfir:ations and rates and premiums. IFG-G-0002-DL 0503 Ed WdOT:ET 900E 90 'adH : 'ON Xdd Page 2 of 2 : WObd Page 1 of 1 William toper From: "Rick Scalpello" <scalpello@attglobal.net> t � To: 'Vail Farmers' Market Family" <vail@rockymountainmarkets.com> Sent: Wednesday, June 14, 2006 12:05 AM Attach: tent k)cation master - 06 18 dist.pdf, vfm vendor map. pdf Subject: Vail Farmers' Market Tent Assignments for Sunday, June 18 Hi All, The first Vail Farmers' Market & Art Show of the 2006 season is this Sunday, June 18 Standard reminders: - Call me immediately if you didn't get a space assignment and you will be participa - Except for the area in front of Crossroads, all traffic on Meadow Drive is to go i - Large trucks and vehicles with trailers are to arrive between 7:30 & 8:00am and be - All others are to arrive after 8:00am, but early enough to be parked in the Vail V - When you arrive, unload your stuff at your tent location, PARK and only then setup - While we've had limited wind gusts, they can arrive unexpectedly so all tents are - Clean up your area before departing and take your trash with you. Don't put it int - If you will be delayed in arriving, call Marty, the Market Manager. 970-390-3093 - If you sell out early, put up a sign that you've "sold out" and enjoy the rest of - At the end of the day, break down your area BEFORE you get your vehicle so you can - If you can, help your neighbors. Next week, they might help you. These rules are intended to make everyone's life easier. With 100 tents, someone is Email or call me if you have any questions and let me know if this note came through rick 970-479-1711 6/20/2006 occupy P IFG-G-0002-DL 0503 Page 2 of 2 Jf 6 Policy Number; 21OB521632 COMMERCIAL GENERAL LIABILITY SCHEDULE OF CLASSIFICATIONS AND RATES Named Insured: Effective Date: 07/04/2006 Eagle valley i,Scntane Sooioey Loc. No. Location Address (Premises you own, rentor occupy): County, 1400 Fairgrounds Rd Borough or Rating To". Parish Bldg, No. Eagle CO 81631 132i Code No. Classification 41668 Clubs -civic eervice or spcial lrlvinq bt,ildi�g s QQr vD nes okmed o lease3 - xot-For-Pro£3 only - inolucxuq Pracu�ta aad o- .np12t? rations hese Products-C� ete Opera =a are suPoct to Elie General Ata Lisp. Premium is: { j Adjustable (See Premium Base All Other Prod. -C, Ops ........................................ Premium AUditCond(tlons) ❑ 100 Rate Per Each $ 8.000 ' $INCL Flat (NotAdjcatable► ❑ Fully Earned When Written _a Advance Premium: 9 800.00 $ El Minimum Premium Loc. No. ! Location Address (Premises you own, rent or occupy): County, 1400 Fairgroands Rd Borough or Rating Torr. 9 Parish Bldg. No. Eagle 0081631 02 Code No. Classification 42039 Dog & cat Shows later to be ¢chedu_wd by endorsement Fully Premium is: Adjustable (see Premium Base . _._::...... ..::;... -._. _............ . All Other Prod.-C.Ops Premium AuditConditions) 10Flat ' 3 Rata per Each $ 100.000 sllvCL Not Adjustable! advance Premium: $ 30004 $ ❑ Fully Earned Whw. Written ❑ Minimum Premium Loc. No. Location Address (Premises you own, rent or occupy): ggrough or I Rating Tarr. Parish Bldg. No. Code No. Classification Premium is: ❑ Adjustable (see Premium Base All Other ! Prod: C.Ops Premium AuditCorw ftlonW Hate $ $ ❑ Flat INotAdjustabio) ❑ Fully Earned When Written Advance Premium: $ s ❑ Minimum Premium ❑ See Schedule of Classifications and Rates i1FG-G-0003) for additional locations you own, rent or and a plicable classifications and rates and premiums. occupy P IFG-G-0002-DL 0503 Page 2 of 2 Jf 6 ISSUE FOR PERMIT Co. 17.1 !,p EXHIBIT "A" Green Area Off Limits Y :0 > : + I ; ! �� i tj T' 0 I li Co. 17.1 !,p EXHIBIT "A" Green Area Off Limits Y