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Home My WebLink AboutC11-154 Crown Mountain Park and Recreation District Agreement LEASE AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CROWN MOUNTAIN PARK AND RECREATION DISTRICT This Lease Agreement (hereinafter referred to as the "Agreement ") between Eagle County, Colorado, by and through its Board of County Commissioners (hereinafter referred to as the "County ") and the Crown Mountain Park and Recreation District, a quasi - municipal corporation and a political subdivision of the State of Colorado acting by and through its Board of Directors (hereinafter referred to as the "District ") shall be retroactive to and effective as of May 4, 2010. RECITALS: WHEREAS, Eagle County owns property commonly known as the Mt. Sopris Tree Farm in Basalt, Colorado consisting of approximately 132 acres (hereinafter referred to as the "Tree Farm Property "); and WHEREAS, the District leases certain portions of the Property from the County pursuant to a Lease Agreement executed on March 10, 2005; and WHEREAS, Eagle County owns a shed located on the Tree Farm Property (hereinafter referred to as the "Leased Premises "); and WHEREAS, the District desires to lease from the County the Leased Premises to be used as a maintenance shed for the purpose of storing vehicles, equipment and tools and also to be used as a staff office; and NOW, THEREFORE, in consideration of the terms and covenants stated herein, including the rental amount, the sufficiency of which is hereby acknowledged, the County and the District agree as follows: SECTION ONE RECITALS INCORPORATED The parties agree that the recitals set forth above are true and accurate. The recitals are hereby incorporated into this Agreement as if fully set forth herein. SECTION TWO LEASED PREMISES The County hereby leases to District, and District hereby leases from the County, the Leased Premises, consisting of a maintenance shed as shown in the attached Exhibit "A" and incorporated herein. 1 SECTION THREE TERM 3.01 The term of this Agreement is for five (5) years commencing from May 4, 2010 and continuing for five (5) years, unless earlier terminated in accordance with the provisions of this Agreement. 3.02 Title to all improvements and fixtures shall vest in County upon the expiration or earlier termination of this Agreement. SECTION FOUR RENT The District agrees to pay County a fixed amount of One Dollar ($1.00) per year for the term of this Agreement. By executing below, County acknowledges receipt of this rental sum paid in full, in advance, for the entire five (5) year term. SECTION FIVE USE The District agrees to use the Leased Premises as a maintenance shed for the purpose of storing vehicles, equipment and tools and also to be used as a staff office. SECTION SIX IMPROVEMENTS 6.01 The District may make improvements to the Leased Premises as it may deem necessary and appropriate, provided it first obtains the County's written consent thereto, which consent the County may refuse in its sole discretion. The District acknowledges that it will be required to obtain all necessary permits and approvals from the appropriate governmental authority before commencing any construction. Moreover, the District acknowledges it shall be responsible for any and all costs associated with such improvements. 6.02 All work performed shall conform to all applicable statutes, ordinances, building codes, and applicable regulations. SECTION SEVEN MAINTENANCE AND UTILITIES 7.01 The District shall be responsible for providing utilities and services to the Leased Premises including but not limited to, trash removal, water, sewer, general lighting, electrical power, telephone, and heating at the District's expense. The District agrees that County shall not be liable for failure to supply any utility services or for damages to persons 2 or property for any discontinuance of such services. 7.02 The District shall keep the Leased Premises and all equipment and fixtures therein contained in good order, and in a clean, sanitary, safe and aesthetically pleasing condition, permitting no waste or injury /damages to the Leased Premises. 7.03 District accepts the Leased Premises in its existing, as -is condition, and District is solely responsible for the Leased Premises being in a condition suitable for District's operations. SECTION EIGHT INSURANCE/DESTRUCTION TO IMPROVEMENTS The District shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise in connection with the District's operation and use of the Leased Premises. All insurance policies shall name the County as an additional insured and copies of such policies shall be provided to County upon request. The bodily and personal injury limits of such policies shall be no less than the statutory limitations as defined in the Colorado Governmental Immunity Act, Section 24 -10 -114, C.R.S., with an amount of $500,000 per occurrence and $1,000,000, in the aggregate, or such other amounts as provided by law. If the improvements or any portion thereof is destroyed or damaged by fire or otherwise to an extent which renders it unusable, the District shall rebuild or repair any portions of the building structure destroyed or damaged. County shall not be liable for any loss or injury to improvements on the Leased Premises by theft or burglary. SECTION NINE LIABILITY AND INDEMNIFICATION To the extent permitted by law, the District shall indemnify, defend and hold the County harmless from and against any and all claims arising from the District's use of the Leased Premises and associated facilities or from conduct of any activity, program or thing that may be permitted or suffered by the County in or about the Leased Premises, except that neither the District, its agents nor its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any negligent act by the County 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 District or County under the Governmental Immunity Act, C.R.S. §24 -10 -101 et seq., 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. No approvals granted hereunder shall subject the County to any liability from the District or third parties and all activities conducted by the District on the Leased Premises shall be the sole and exclusive responsibility of the District. 3 SECTION TEN ASSIGNMENT AND SUBLETTING The District shall not assign this Agreement nor any interest herein, or permit the use of the Leased Premises by any person or persons other than the District. Moreover, the District shall not sublet the Leased Premises in whole or in part. SECTION ELEVEN ACCESS TO LEASED PREMISES The County and County's authorized representative(s) 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 Leased Premises (if it so chooses) and for any lawful purpose. The County agrees to provide the District with reasonable notice whenever practicable as the County deems it necessary to enter upon the Leased Premises. SECTION TWELVE TERMINATION 12.01 This Agreement may be terminated by the County at any time with or without cause upon providing the District with sixty (60) days written notice. In the event that this Agreement is terminated by the County for its convenience, County shall pay to District a prorated amount of the costs of the Improvements relative to the unexpired portion of the original lease term. In the event that this Agreement is terminated by the County for cause, including but not limited to any violation by District of the terms or conditions of this Agreement, County shall not be required to make any payment to District for the costs of the Improvements. Further, upon the natural expiration of the original lease term set forth in Section 3.01, County shall not be required to make any payment to District for the costs of the Improvements. 12.02 Title to all improvements and fixtures located upon the Leased Premises shall pass to County free and clear of any liens or encumbrances upon the expiration or earlier termination of this Agreement. Upon the termination of this Agreement pursuant to this Section 12 or pursuant to expiration of the stated term, the District shall peacefully surrender the Leased Premises to the County, and County upon or at any time after any such termination or expiration, may, without further notice, peaceably reenter the Leased Premises and take control of the same. 4 SECTION THIRTEEN NOTICE 13.01 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. County District County Administrator Ross Stepp 500 Broadway 20 Eagle County Drive P 0 Box 850 Suite F Eagle, CO 81631 El Jebel, CO 81632 Tel. 970.328.8700 Tel. 970.963.6030 13.02 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. SECTION FOURTEEN ATTORNEY FEES AND 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 fees and costs incurred. The County and the District 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. SECTION FIFTEEN MISCELLANEOUS PROVISIONS 15.01 If any portion of this Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 15.02 This Agreement and all agreements herein contained shall bind the parties hereto and their heirs, personal representatives, successors and assigns. 15.03 This Agreement shall be constructed in accordance with the laws of the State of 5 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 15.04 The signatories below hereby represent and warrant that they have full authority to enter into this Agreement on behalf of the respective corporations. 15.05 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 from time to time by a written agreement duly authorized by all the parties to this Agreement. 15.06 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 15.07 The District shall have at all times the full and free right of ingress to and egress from the Leased Premises and the facility constructed thereon. Such right shall extend to persons or organizations furnishing services to the District, including vehicles and machinery. 15.08 The financial obligations of the County and the District hereunder shall be subject to and contingent upon future budgeting and appropriation for the same in accordance with Colorado law. //REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // 6 IN W ESS WHEREOF, the parties have executed this Agreement on the / Thday of 2011. COUNTY OF EAGLE, STATE OF COLORADO By and its Board of County Commissioners mvir By: f ► Jon .. ey, Chairman ATTEST: wtrikte 4,. j or N4 By: - iiiripr : y , ' Teak Simonton, Cler to the Bo. ;, * County Commissioners CROWN MOUNTAIN PARK AND RECREATION DISTRICT By: Title: ATTEST: By: Title: 7 a 5 . III . , '' tsil v48 . .. ! . gg g • i ''.4 Xi . .. 8 , .. . . . - I grAOrr g - ....„ ----- 7 .y , .`i , 4fitt, - . .,.. i.. CO Cl_ C 8 CO ti .4.-8 C ° ' * 2 --, , . •. , - „, - • • IN W ESS WHEREOF, the parties have executed this Agreement on the / day of 2011. COUNTY OF EAGLE, STATE OF COLORADO By and its Board of County Commissioners —mug B y : Jon .. ey, Chairman ATTEST: i By: 4 - Teak Simonton, Cler to the Boa County Commissioners CROWN MOUNTAIN PARK AND RECREATION DISTRICT By: 7 Title: cz ATTEST: By: Title: 7