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Home My WebLink AboutC10-039 Hillcara Lease AgreementLEASE AGREEMENT This Lease Agreement (hereinafter referred to as the "Agreement") is made and entered into this . ~ day of ~~ i , ' ~~ -~ , 2010 between Eagle County, State of Colorado, a body corporate and politic, by and thro its Board of County Commissioners (hereinafter referred to as "Tenant") and Hillcara, LLC, a Colorado limited liability company (hereinafter referred to as "Landlord"). WITNESSETH: WHEREAS, Landlord owns a vacant lot located at 882 Chambers Road, Eagle, Colorado (hereinafter referred to as "the Leased Premises''); WHEREAS, Tenant is desirous of leasing the Leased Premises for the term specified hereunder to allow for the parking and storage relating to the construction of the Eagle County Justice Center expansion; WHEREAS, Landlord is willing to lease the Leased Premises pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the terms and covenants stated herein, including the rental amount, the sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: ARTICLE I Leased Premises Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, the Leased Premises described as a vacant lot located at 882 Chambers Road in Eagle, Colorado. ARTICLE II Term The term of this Lease is from the execution of the same by the Parties through December 31, 2010. ARTICLE III Rent Tenant agrees to pay Landlord a fixed amount of Fifteen Thousand Dollars ($15,000.00) as the full and complete rental amount for the term of this Agreement. Tenant agrees to make such payment no later that thirty (30) days of the execution of this Agreement by both parties. ARTICLE IV Indemnification and Hold Harmless To the extent permitted by law, the Tenant does forever release and hold harmless the Landlord from all claims, liabilities, damages, losses, or expenses on account of damage to property, bodily injury, or death resulting from Tenants use and occupation of the Lease Premises. To the extent permitted by law, the Tenant shall indemnify, defend and hold the Landlord harmless from and against any and all claims arising from the Tenant's use of the Leased Premises or from the conduct of any activity, program or thing that may be permitted or suffered by the Tenant in or about the Leased Premises, except that neither the Tenant, the Board of County Commissioners, its agents, its employees or assigns will be liable under this paragraph for any claims, loss, damage, cost, charge or expense arising out of any negligent act by the Landlord or any of its officers, agents or employees during the performance of this Agreement. The parties agree that nothing contained herein waives or is intended to waive any protections that may be applicable to the Tenant under the Governmental Immunity Act, X24-10-101 et. Seq., C.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws. ARTICLE V Repairs, Alterations and Improvements 1. During the terms of this Agreement, Tenant shall keep the Leased Premises, except for structural portions, in good order, condition and repair. Tenant shall be responsible for all snow removal, necessary security, and weed control. 2. All reasonable alterations, improvements, and/or additions to the Leased Premises will only be done at Tenant's expense after obtaining Landlord's written consent. All alterations, improvements, and/or additions, including those temporary in nature, will be the responsibility of Tenant. At the expiration or termination of this Lease, Tenant shall ensure that all such improvements are removed and the Leased Premises are restored to its condition prior to this lease term. 3. At the expiration of the lease term, Tenant shall remove all of its movable trade fixtures which shall not be the property of Landlord under the foregoing provisions of this paragraph. Tenant's obligations to perform the covenants contained in this Paragraph of this Agreement shall survive the expiration or other termination of this Agreement. 4. Tenant acknowledges that it is accepting the Leased Premises as is, where is, and with all faults currently existing. Landlord makes to representations as to the condition of the property for a particular lease and is only required to make the property available to Tenant for the term set forth herein. ARTICLE VI Assignment and Subletting Tenant shall be allowing access to the Leased Premises by various contractors. The parties acknowledge and agree that Tenant may collect a fee from these contractors to offset the cost of this Agreement if the Tenant so chooses. Any and all fees collected by the Tenant shall be the sole and exclusive property of Tenant. Except as expressly set forth herein, Tenant shall not assign this Agreement nor any interest herein, or sublet the Premises in whole or in part without Landlord's prior written consent, which will not be unreasonably withheld. ARTICLE VII Access to Premises Landlord and Landlord'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. Landlord agrees to provide Tenant with reasonable notice whenever Landlord deems necessary to enter upon the Premises. ARTICLE V[II Default Delinquency by either party in the performance of or compliance with any of the obligations contained in this Agreement, for a period of five (5) days after written notice thereof from the other party, shall constitute a default of this Agreement. In the event of default, the non-defaulting party shall have all remedies available at law of equity. ARTICLE IX Termination 1. This Agreement maybe terminated upon the default of either party in performance of its obligations hereunder after the required notice in Article IX hereof. 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 Landlord upon or at any time after any such expiration, may, without further notice, peaceably reenter the Leased Premises and take control of the same. ARTICLE X ~Vaivcr 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 Aln-eement shall be effective unless it is in writing and signed by Landlord. ARTICLE XI Notices 1. 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. Tenant Landlord Eagle County Hillcara, LLC c/o Eagle County Facilities Management attn: Bob Gallegos attn: Rick Ullom P.O. Box 821 500 Broadway Vail, Colorado 81658 P.O. Box 850 Tel 970 926-3737 Eagle, CO 81631 Tel 970 328-8700 2. Every notice shall be deemed to have been given three (3) days following deposit in the United States mail, fist class postage prepaid. Nothing contained herein shall be construed to preclude personal service of any notice. ARTICLE XII 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 XIII Entire Agreement, Amendments This Agreement 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 XIV 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. 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. TENANT: COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners Sara J. Fisher, Chairman ~.,. • ~ ~.ct,~ c~;,. ATTEST: ` ~° ~,~ ., ~~, ~/'. ~ ~ ~ -~/ -_a to 't p By. ~_ ~ ~ l_ C L l_~ . ~ ~ _--~r l~ ~~:-~~ *~ Teak J. Simonton °otoq~oo ,' Clerk to the Board of County Commissioners LANDLORD: Hillca LLC ~-'~~ By: ~ ~i ~. ~~ ATTEST: By: G:\B RYAN\misc\gal legos2 lease. DOC