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HomeMy WebLinkAboutC08-139LEASE AGREEMENT THIS Lease Amendment is made and entered into this ~ day of July, 2007, between Eagle County, by and through its Board of County Commissioners (hereinafter 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 Elder Modular Building located on the south side of the exhibit hall at the Eagle County Fairgrounds, Eagle, Colorado (hereinafter referred to as either the "Facility"); and 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 unless and until such time as those portions of the Facility are needed for use by Eagle County. The portions of the Facility to be made available more accurately shown on the attached Exhibit "A" and incorporated herein; and WHEREAS, Lessee is desirous of utilizing portions of the Facility, on anon-exclusive use basis pursuant to the terms and conditions of this Agreement in order to provide support groups for the community; and 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 Section 1.01 Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor approximately 1008 square feet of the Facility, as more particularly identified and shown on the attached Exhibit "A" (hereinafter referred to as the "Leased Premises"). Article II. Term Section 2.01 The term of this Lease shall continue month to month, with the exception of the month(s) that the premises is utilized for the Eagle County Fair and Rodeo, without further notice until terminated by either party giving thirty (30) days notice to the other. Lessee acknowledges that the Leased Premises will not be available for its use and that the term of the Lease will not include the month(s) that the space will be utilized by Eagle County to accommodate the Eagle County Fair and Rodeo. For any other interruptions in the Lessee's use of the Facility, the County will make a reasonable effort to give notice. Furthermore, the parties recognize that County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. Article III. Rent Section 3.01 Lessee agrees to pay Lessor a fixed amount of $30.OO~Thirty Dollars per month payable in advance on the first day of each and every calendar month during the term of this lease, except during the Eagle County Fair and Rodeo, when the Leased Premises will not be available for Lessee's use. In the event that during any given month, the Leased Premises are not available for a period of time during that month, the Rent will be prorated in accordance with the actual number of days the Leased Premises were actually available for Lessee's use. Article IV. Insurance Section 4.01 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 any one person injured or killed, and not less than $500,000 for any one 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 Section 5.01 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 Section 6.01 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. Section 6.02 Lessee shall permit no waste, damage or injury to the Leased Premises. Lessee shall be responsible for the cost of any such repairs which become necessary or desirable by reason of any act or the negligence of Lessee, its agents, servants, employees or invitees. Lessee shall reimburse Lessor for any costs incurred to repair the Lease Premises as a result of any act or negligence of Lessee, its agents, servants, employees or invitees. Lessee shall pay to Lessor the costs thereof with interest at 18% per annum from the date the cost of such repairs become due and owing. Article VII. Prohibited Uses Section 7.01 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. Section 7.02 Lessee 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 Lessees in said Facility. Section 7.03 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. Section 7.04 Lessee shall not operate other types of businesses other than that business identified herein. Section 7.05 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. Section 7.06 No storage of any items, garbage, chairs, tables, etc. maybe 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 Facilities Section 8.01 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. Section 8.02 The Leased Premises may be used by Lessee solely for the purposes of conducting A.A. meetings. Meeting times should be coordinated with the Facilities Management Department schedule. Section 8.03 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 sole discretion. Section 8.03 Lessee may use the kitchen facilities adjacent to the Leased Premises during its meetings. Section 8.04 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. Section 8.05 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. Section 8.06 Lessor hereby grants to Lessee, its agents, customers and invitees, the nonexclusive right during the term of this Lease and any extension thereof to use the parking provided. Article IX. Assignment and Subletting Section 9.01 Lessee shall not assign this Agreement or 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 Section 10.01 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 Section 11.01 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 Section 12.01 This Agreement maybe 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. LESSOR: ATTEST: ~ COUNTY OF EAGLE, STATE OF COLORADO ~.r'"'~, v and Through~Qard,~f~unty Commissioners By: ~ ft' ~' ' - ?`,- G~~~ , Te ~ Simonton e ~ ', Chairman ; Clerk to the Board Eagle County Board of C my Commissioners LESSEE: By. ~ir f' ~YI~~S c'~ ~-cc ~~' ~ rT Name: Title: STATE OF COLORADO) COUNTY OF ~C~e ss. The foregoing instrument was acknowled ed before me this day of 200j1, by ~-y C~(~i2.n b~c Witness my hand and official seal. My commission expires: ~ ~ 3 ~ ~ ~ ~.-L,(~ tart' Public ~;,., ~ ~ p ._ ., 3= ~ ~ ~ ' aa. e ~ ' ~ 'c:''', . a ' n~F~~:'