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Home My WebLink AboutC08-192LEASE AGREEMENT THIS Lease Agreement is made and entered into this' day of ~r 2008, between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as "Lessor") and the Narcotics Anonymous., 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 $30.00 (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. may be 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 N.A. meetings. Those meetings may be held only during the hours: - Friday evenings 7:30 - 9: 30 p.m. This schedule may only be changed upon notice to the County, at the County's sole discretion. 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 12.02 Upon the conclusion of this Agreement pursuant to this Article or pursuant to expiration of the stated term, Lessee shall peacefully surrender the Leased Premises to Lessor, and Lessor upon or at any time after any such expiration, may without further notice, peaceably reenter the Leased Premises and take control of the same. Section 12.03 No such termination of this Agreement shall relieve Lessee's liability and obligations under this agreement. Article XIII. Waiver Section 13.01 One or more waivers of any covenant or condition by Lessor 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 Lessor to or of any act by Lessee requiring Lessor's consent or approval shall not be deemed to waive or render unnecessary Lessor's consent or approval to or any subsequent similar act by Lessee. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by Lessor. Article XIV. Notices Section 14.01 All notices to be given with respect to this Agreement shall be in writing. Each notice shall be 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. Lessor Eagle County Government c/o Facilities Management Attn: Tom Johnson P.O. Box 850 Eagle, CO 81631 970-328-8882 Lessee Narcotics Anonymous (NA) Attn: Tanaee Marie Rae Mickley P.O. Box 395 Gypsum, CO 81637 970-524-7696 (home) 970-306-2340 Section 14.02 Every notice shall be deemed to have been given at the time it shall be deposited in the United States mail in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. Article XV. Attorney's Fees and Waiver of Right to Jury Section 15.01 In the event of any litigation or other action or proceeding between the parties hereto arising out of the performance of 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. Lessor and Lessee expressly waive any right which either may have to trail 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 XVI. Entire Agreement, Amendments Section 16.01 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 XVII. Miscellaneous Provisions Section 17.01 If any portion of this Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. Section 17.02 This Agreement and all agreements herein contained shall bind the parties hereto and their heirs, personal representatives, successors and assigns. Section 17.03 This Agreement shall be construed in accordance with the laws of the State of Colorado. The parties stipulate and consent to be the exclusive jurisdiction and venue of the District Court, Eagle County, Colorado, in any civil action which might arise under this Agreement. Section 17.04 The signatories below hereby represent and warrant that they have full authority to enter into this Agreement on behalf of the respective corporations. Section 17.05 The Lessee for itself, its personal representatives, successors in interest, and assigns, as part of the considerations hereof, does hereby covenant and agree that no person on the sole grounds of race, religion, national origin, gender, age, military status, marital 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. Section 17.06 No agent, employee, or volunteer of Lessee shall be deemed an agent, employee or volunteer of the Lessor. Likewise, no agent, employee or volunteer of the Lessor shall be deemed an agent, employee or volunteer of the Lessee. Section 17.07 Lessee acknowledges that the Leased Premises is not secure from entry by users of other space in the same building. //REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK // ,_ ~, 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 o~~~~ y and Through i and ty Commissioners $ _ --x Teak Si onton rfltoa-°p* eter Runyon, Chairman Clerk to the Board Eagle County Board of County Commissioners LESSEE: Title: STATE OF COLORADO) ss. COUNTY OF Ctl' The foregoing instrument was acknowledged before me this ~~ day of 200, by a. n C~ ~ Witness my hand and official seal. z_ ~~- No Public 6 /~ ``ate\~\~~ e / ' p'!~ Jd~'e' My commission expires: "/ ~ 3 0~-~ I (~ .,` ', `~''q ~. - - ~cR . Expires • ""~~ t ~~ < ' ~ +: ~ e EXHIBIT "A" _ u_ y _ / ~~~~ r \' ~a! ~,~S~AI~~i. ,. r ~ L r . ~ A~ ~ ~ EAGLE m ~~ ,~~ d r y M NJr ti FAIRGROUNDS MAF