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HomeMy WebLinkAboutC08-223MODULAR BUILDING LEASE AGREEMENT BETWEEN GRACIOUS SAVIOR LUTHERAN CHURCH AND EAGLE COUNTY THIS LEASE AGREEMENT (Lease), by and between the GRACIOUS SAVIOR LUTHERAN CHURCH (Lessor) and EAGLE COUNTY (Lessee), concerns the real property located at 33520 U.S. Highway 6, Edwards, Colorado, 81632. Lessor and Lessee may be referred to herein, collectively, as the "Parties," and individually, as a "Party." WHEREIN IT IS MUTUALLY AGREED as follows: 1. PROPERTY SUBJECT TO LEASE AGREEMENT. The premises shall consist of three 64' x 24' double wide modular buildings (totaling 4,608 sq. ft. of space) located on Lessor's real property at 33520 U.S. Highway 6, Edwards, Colorado (the "Property"), the circumscribed area of the Property, the shared use of the church parking lot on the Property as well as the occasional use, with the prior approval of Lessor, of the church sanctuary for large meetings or gatherings (collectively, the "Premises"). The Premises are depicted graphically on the attached EXHIBIT A. 2. TERM OF THE LEASE AGREEMENT. This Lease shall be for a period of three years commencing on August 1, 2008 at 12:01 a.m., and terminating on July 31, 2011 at 12:00 midnight. After the expiration of the initial three year period, this Lease shall automatically renew for additional two-year terms up to and until July 31, 2014 unless one Party notifies the other Party in writing thirty (30) days in advance of the expiration of the existing term. 3. RENT. Rent shall be $90,000 for the period August 1, 2008 through July 31, 2011. Rent shall be paid on the first of each month at a rate of $7,500 per month. If the Lease is renewed for additional two year terms after the initial term, the amount of annual rent shall be increased each year by a factor of 3%. 4. USE OF THE PREMISES. After obtaining all necessary governmental and entity approvals, the Lessee shall be entitled to use the Premises as a preschool center and offices for the Health and Human Services Department of Eagle County. The operation and use of the Premises by Lessee shall not conflict with the laws of the United States, the State of Colorado, the zoning and other applicable ordinances of Eagle County. Any other use will require prior written approval by the Lessor. The Lessee shall be responsible under all conditions to obtain and renew all Eagle County use permits for the Premises as necessary. 5. RENOVATIONS OF THE PREMISES. The Lessee has permission to make renovations at the Lessee's expense with prior approval of the Lessor. The Lessee shall be responsible for paying for any such work which is performed upon the Premises and agrees to indemnify and hold Lessor harmless from any claims or mechanic's liens which may be asserted as a result of such work. There will be no other renovation of the Premises without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. 6. UTILITIES. Lessor agrees to provide all utility services required for the use of the Premises, including water, sewer, trash collection, electricity, and any and all other direct costs required by the Lessee's use of the Premises. The Lessor agrees to provide all necessary snow removal from the parking lot and the sidewalk adjacent to the parking lot. The Lessee agrees to provide snow removal from the paths to and around the modular buildings. Electricity to the buildings is metered separately and payment will be the responsibility of the Lessee. Costs of water, sewer, trash collection and snow removal from the parking lot and the sidewalk adjacent to the parking lot will be paid by the Lessor. 7. MAINTENANCE. Lessee shall have the obligation to maintain and repair the interior of the Premises and to keep the Premises in good and sanitary order and condition, all at Lessee's own expense. Lessor shall have the obligation of maintaining the exterior walls, roofs, windows, doors, mechanical systems, sidewalks, parking areas, landscaping and access ways in a clean, safe condition, at Lessor's own expense. Lessee will notify the Lessor of any potential problems or concerns with the roof, foundation, and mechanical systems, which are the responsibility of the Lessor. 8. PARKING. The Lessee and the customers of the preschool will have shared access with Lessor to the parking lot on the Premises subject to such reasonable restrictions as Lessor may impose from time to time. 9. INSPECTIONS. The Lessor will have the right to inspect the Premises at any time during normal working hours of the school day and at any other time upon 24 hours prior notification to the Lessee. 10. LESSEE TO INDEMNIFY LESSOR AGAINST NEGLIGENCE. To the extent permitted by law, the Lessee shall keep, save and hold harmless the Lessor from all damages and liabilities arising from or out of occupancy by or under the Lessee's agents and caused by Lessee's negligence, and from any loss or damage arising from any failure on the Lessee's part to comply with any of the covenants, terms and conditions contained in this Lease. 11. INSURANCE REQUIREMENTS. Lessee shall maintain in effect during the term of this lease, general comprehensive liability insurance, for an amount of not less than $1,000,000 coverage. Lessor will not insure Lessee's personal property or equipment. Lessee shall be responsible for any personal property or equipment contained within the Premises. Lessee will maintain in effect during the term of this Lease suitable all-risk policies of fire, casualty, and property damage insurance in the nature and amounts as may be required by Lessor. Lessor shall be named as a loss payee under such policies. Lessee shall provide the Lessor with a Certificate of Insurance concerning these required coverages at the beginning of each annual term of the Lease. Failure to provide proof of insurance coverage aforementioned for the duration of this Lease will be cause for cancellation of this Lease. 12. ASSIGNMENT AND SUB-LEASE. The Lessee shall not assign this Lease or any interest therein or attempt to enter into any type of sub-lease arrangement or transfer any other right or privilege appurtenant to this Lease without obtaining the prior written approval of the Lessor. 13. TERMINATION OF LEASE. In case said Premises at any time during the term thereof shall become untenantable on account of damage by fire, flood, destruction, or Act of God, then this lease may be terminated by Lessee without further liability thereunder. 14. SIGNS. Lessee shall be permitted, but not required, to affix, display, and maintain, at Lessee's expense, on the exterior of the leased buildings or on the Lessor's land, signs advertising to the general public of Lessee's location therein as allowed by Eagle County codes, subject to Lessor's approval, which will not be unreasonably withheld. 15. COMPLIANCE WITH LAW. Lessee shall, at Lessee's expense, comply with all requirements of all County, State, and Federal authorities now in effect and which may herein under be in effect pertaining to said Premises. 16. SURRENDER OF THE PREMISES. Lessee shall, at the expiration of this Lease, surrender and deliver said Premises in good order and condition as when the same were entered upon including approved renovations; loss by fire, inevitable accident or ordinary wear and tear excepted. Equipment or fixtures placed on Premises by Lessee shall remain property of Lessee and be removed from Premises at expiration of Lease so long as removal does not damage the Premises. All structural modifications shall become part of the Premises. 17. DEFAULT. Lessee agrees to observe and perform conditions and agreements herein set forth to be observed and performed by the Lessee, and further agrees that if default be made by Lessee in the payment of said rent, or any part thereof, or if Lessee shall fail to observe or perform any of said conditions or agreements and such default shall continue for a period of thirty (30) days after Lessee receives written notice thereof from Lessor, then and in that event it shall be lawful for Lessor, and its election to terminate this Lease and to re-enter and repossess itself of said premises. Notice shall be deemed given when mailed certified postage prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail. 18. ALTERNATIVE DISPUTE RESOLUTION. Other than with respect to Lessee's obligation to pay rent and perform its other obligations and covenants as set forth in this Lease, the Parties shall use their best efforts to settle any dispute or claim arising under or related to this Agreement through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party's written request therefore. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Eagle County. 19. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. 20. VENUE. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado District Court in and for Eagle County, Colorado. 3 21. AMENDMENT OF LEASE. This Lease maybe amended by an agreement of both parties at any time during the term of this Lease. This Lease may be modified or amended in whole or in part, but any amendment or modification shall be in writing and signed by both parties. 22. TABOR COMPLIANCE. Notwithstanding anything to the contrary contained in this Lease including the Term defined in ¶2 of this Lease, Lessee shall have no obligations under this Lease after, nor shall any payments be made to Lessor in respect of any period after December 31 of each fiscal year, without an appropriation therefore by Lessee in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 23. CONTACT INFORMATION. Any notice and all communications required under this Agreement shall be given in writing by personal delivery, fax or mail to the appropriate party at the following addresses: Lessee: Tom Johnson Public Works Director Eagle County P.O. Box 850 590 Broadway Eagle, CO 81631 970-328-8882 (Phone) 970-328-8899 (Fax) tom.iohnson(a~eaglecounty.us Lessor: Gracious Savior Lutheran Church Pastor Jason Haynes P.O. Box 250 33520 US Highway 6 Edwards, CO 81632 970-926-3550 (Phone) 970-471-8270 (Cell) 970-926-5682 (Fax) jhaynes@gracioussavior.org (Email) Notices shall be deemed given on the date of delivery or three days after the postmarked date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 24. SEVERABILITY. If any portion of this Lease is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Lease shall be construed and enforced as if such invalid provision had never been inserted into this Lease. 4 All terms, covenants, and agreements contained in this Lease shall extend to and be binding upon the successors and assignees of the respective parties hereto. s~~~ ~'~ IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed and sealed o , 2008. GRACIOUS SAVIOR LUTHERAN CHURCH, a Colorado nonprofit corporation By Philip Eyri resi nt 33520 U.S. Highw 6 Edwards, Colorado 81637 970-926-3550 ATTE T: Secretary STATE OF COLORADO ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me on u~ C 2008, by l ~-i~Q ,C~/ ~ ~C , as President ,and attested to by , as Secretary of the Gracious Savi r Lutheran Chy~y~yyards, Colorado. Witness my hand and official seal. N . ~'~°`"' ~ Notary Public ~~9;,,,. ,~~~~.F My Commission expires: w~ OF COQ ~-` 5 IN WITNESS WHEREOF, COUNTY and LEASOR have executed this Agreement this ~~ day of 2008. AT EST: BY:C~~~ Clerk to the Board of County Commissioners STATE OF COUNTY OF ~_ _~ ~, SS. `~- COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY CO O B -- Peter Runyon, Chair 1 i L' ~'t"! The ~~regoing instrument was acknowledged before me by ;'~"~ _ - this ,~ ~ day of ~ ~ >!,t-' , 2008. My coissi n .fix ire$: ~- ' ~~ ~- C: ~,~ Notary Publ' c ' NANCY R. WRIGHT NOTARY PUBLIC STATE OF COLORADO ~.. My Commission Expires 12/18/2010 6