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HomeMy WebLinkAboutC16-096 Horn Ranch Parking LeasePROPERTY MGMT.NO. 10 10 51 PROJECT NO: NRH -240 -E LOCATION: US Hwy 6. MP 155.9 LEASE AGREEMENT (Vacant Land) THIS LEASE AGREEMENT made and entered into this day of 1" .. , 20 1 G, by and between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT, hereinafter referred to as "Lessor", and Eagle County, a body politic of the State of Colorado, hereinafter referred to as "Lessee ". WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. PREMISES. Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred to as "Premises" located adjacent to US Highway No. 6 at approximate milepost 155.9, situated in Survey Tract 52 being in Section 18 Township 4 South, Range 83 West of the 6th Principal Meridian, Eagle County. Colorado. The Premises, being a portion of Existing right of way on Project No. NRH- 240 -E, contains a land area of 1000 square feet, more or less. The leased Premises are described in Exhibit "A" and depicted on Exhibit "B ", which Exhibits are attached hereto and made a part hereof. +, 2. 20 .x ; TERM. The initial term of this Lease shall begin on ' I i , 201 and end on r` ^yak 33 , with the option to extend the term of this Lease for four (4) additional five (5) years periods, each commencing when the prior term expires, subject to the cancellation and termination provisions herein. 3. RENT. Lessee shall pay $250.00 for the entire term and subsequent renewal terms herein. Payments shall be made payable to the Colorado Department of Transportation at: Colo. Dept. of Transportation c/o Accounting Receipts & Deposits 4201 East Arkansas Ave., Rm. 212 Denver, CO 80222 or at such place as Lessor from time to time designates by notice as provided herein. In the event Lessor has not received the rental installment hereunder on or before the fifteenth (10th) day of the month when due, a late charge of five percent (5 %) of the total installment will be assessed to the Lessee for that month and each succeeding month the payment is not received on or before the 15th day of that month. In the event the Lessee for a rental installment tenders a check, and it is returned to Lessor for insufficient funds, Lessee agrees to pay administrative charges to Lessor of Twenty Dollars ($20.00). Both Lessor and Lessee agree that acceptance by the Lessor of the late payment does not waive Lessor's right to declare Lessee in default of this Lease Agreement. 4. USE. It is understood and agreed that the Lessee intends to use the Premises for Parking for the general Public utilizing adjoining and nearby Public land recreation areas and for no other uses. The Premises may not be used for any other purpose without the specific prior written permission of the Lessor. Any other use of the Premises shall constitute a material breach of this Lease and may cause this Lease to terminate immediately at the Lessor's option. 5. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments, C16 -096 insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements, and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises shall be borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair and in tenable condition free of trash and debris during the term of this lease. Lessor shall have the right to enter the Premises at any time for the purpose of making necessary inspections. 6. HOLD HARMLESS. To the extent permitted by law, the Lessee shall save, indemnify and hold harmless the Lessor and FHWA for any liability for damage or loss to persons or property resulting from Lessee's occupancy or use of the Premises. 7. OWNERSHIP. The State of Colorado is the owner or the Premises. Lessor warrants and represents himself to be the authorized agent of the State of Colorado for the purposes of granting this Lease. 8. LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised Premises without specific written permission of the Lessor and will not permit the use of said Premises to anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor. 9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of this Lease, whether or not incorporated herein by reference, which provides for arbitration by any extra- judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent that this agreement is capable of execution. 10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of the term of this Lease, or any extension thereof, Lessor has the right to cancel the lease without liability by giving the Lessee 90-day written notice of its intention to cancel the Lease. The notice shall be hand delivered, posted on the Premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified Mail, return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor 90-day written notice of their intent to do so. 11. COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 12. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this Lease are for identification only, and shall be disregarded in any construction of the lease provisions. All of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs, successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then the remaining provisions of this Lease shall remain in full force and effect. 13. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 2 14. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with 18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18- 8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached thereto: LESSOR: LESSEE: Colo. Dept. of Transportation Eagle County Property Management Manager Attn: County Manager 15285 S. Golden Rd., Bldg. 47 PO Box 850 Golden, Colorado 80401 500 Broadway Eagle, Colorado 81631 Notice of change of address shall be treated as any other notice. The Lessee warrants that the address listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of any changes in that address within ten (10) days of such change. 16. HOLDING OVER. If the Lessor allows the Lessee to occupy or use the Premises after the expiration or sooner termination of this Lease, the Lessee becomes a Holdover Tenant and shall be a month -to -month Lessee subject to all the laws of the State of Colorado applicable to such tenancy. The rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of the date of expiration or sooner termination. Lessor and Lessee each hereby agree to give the other party at least thirty (30) days written notice prior to termination of this holdover tenancy. 17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee. 18. HAZARDOUS MATERIALS. To the extent permitted by law, the Lessee agrees to defend, indemnify and hold harmless the Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages, claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the presence, disposal, release or clean -up of any contaminants, hazardous materials or pollutants on, over, under, from or affecting the property subject to this Lease, which contaminants or hazardous materials the Lessee or its employees, agents, contractors or officials has caused to be located, disposed, or released on the property. The Lessee shall also be responsible for all damages, claims and liability to the soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or property damage related to such contaminants or hazardous materials. 19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or improvements of any kind shall be erected or moved upon the Premises by the Lessee without the express written prior permission of the Lessor. Any such structure or improvement erected or moved upon the Premises without the express written consent of the Lessor may be immediately removed by the Lessor at the expense of the Lessee. Further, any structures, improvements or items of any kind remaining on the Premises at the termination of the Lease will be considered abandoned by the Lessee and may be immediately removed by Lessor at the Lessee's expense. 3 20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the partners, heirs, executors, administrators, and successors of the respective parties hereto. 21. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of 10 days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms, agreements or conditions contained herein or in regulations to be observed or performed by Lessee and such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other rights and remedies given hereunder or by law, do any of the following: (a) Lessor shall have the right, so long as such default continues, to give notice of termination to Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such notice) this Lease shall terminate. (b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter, re -enter the Premises and remove there from all persons and property and again repossess and enjoy the Premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's default or of such termination. (c) The amount of damages which Lessor may recover in event of such termination shall include, without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by Lessee to Lessor hereunder, as of the time of termination, together with interest thereon as provided in this Lease, (2) all legal expenses and other related costs incurred by Lessor following Lessee's default including reasonable attorneys' fees incurred in collecting any amount owed hereunder (3) any damages to the property beyond its present condition. (d) Upon the Lessee's failure to remove its personal property from the Premises after the expiration of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon Lessee, remove, sell or dispose of any and all personal property located on the Premises. Lessee waives all claims for damages that may be caused by Lessor's removal of property as herein provided. 22. INSURANCE. (Revised 2006 per State Controller Requirements) (a) The Lessee shall obtain and maintain, at all times during the duration of this Lease, insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for them on the Premises to obtain like coverage. The following insurance requirements must be in effect during the entire term of the Lease. Lessee shall, at it sole cost and expense, obtain insurance on its inventory, equipment and all other personal property located on the Premises against loss resulting from fire, theft or other casualty. (b) Workers' Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all employees acting within the course and scope of their employment and work on the activities authorized by this Lease in Paragraph 4. (c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: 1. $1,000,000 each occurrence; 2. $2,000,000 general aggregate; 3. $50,000 any one fire. 4 If any aggregate limit is reduced below, $1,000,000 because of claims made or paid, the Lessee, or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision. (d) If any operations are anticipated that might in any way result in the creation of a pollution exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of $1,000,000 Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an Additional Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an extended reporting period of at least two year following finalization of the Lease. (e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include CDOT as an Additional Insured. (f) CDOT shall be named as Additional Insured on the Commercial General Liability Insurance policy. Coverage required by the Lease will be primary over any insurance or self - insurance program carried by the State of Colorado. (g) The Insurance shall include provisions preventing cancellation or non - renewal without at least 30 days prior notice to CDOT by certified mail to the address contained in this document. (h) The insurance policies related to the Lease shall include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers. (i) All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to CDOT. 0) In order for this lease to be executed, the Lessee, or as applicable, their Contractor, shall provide certificates showing insurance coverage required by this Lease to CDOT prior to the execution of this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing renewals thereof. At any time during the term of this Lease, CDOT may request in writing, and the Lessee or Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance with the provisions of this section. Insurance coverage must be in effect or this lease is in default. (k) Notwithstanding subsection (a.) of this section, if the Lessee is a "public entity" within the meaning of the Colorado Governmental Immunity Act CRS 24 -10 -101, et seq., as amended ( "Act'), the Lessee shall at all times during the term of this Lease maintain only such liability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the Act. Upon request by CDOT, the Lessee shall show proof of such insurance satisfactory to CDOT. Public entity Lessees are not required to name CDOT as an Additional Insured. (1) If the Lessee engages a Contractor to act independently from the Lessee on the Premises, that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on their Commercial General Liability, and Umbrella or Excess Liability policies. 23. ADDITIONAL PROVISIONS. (a) Lessee shall not use the Premises nor allow any other party to use the Premises for any purpose not specifically authorized by this Lease or for any purpose prohibited by any entity 5 or jurisdiction having authority over the uses conducted on the Premises, including, but not limited to, the State of Colorado and Eagle County. (b) Lessee shall ensure that Lessee's use and occupancy of the Premises shall not interfere with Lessor's use of the adjoining State highway right -of -way or with the installation, operation, maintenance and repair of any utilities, drainage or irrigation facilities located on, above, over, under, through, across or adjacent to the Premises. (c) This Lease does not obligate Lessee make any modifications or alterations to the Premises; however, this Lease does obligate Lessee to, and Lessee does agree to, keep the Premises clean and safe, in good order and repair, and in a condition reasonably comparable to or better than the condition in existence as of the day and year first above written. (d) Lessee shall not modify or alter the Premises without Lessor's prior written approval. Prior to requesting Lessor's approval of any modifications or alterations to the Premises, Lessee shall submit to Lessor a site plan and /or construction drawings depicting and describing all proposed modifications and /or alterations. Any approval(s) given by Lessor shall be subject to and contingent upon full and complete compliance by Lessee of any and all conditions and /or stipulations required by Lessor. Lessee agrees that any approvals given by Lessor shall not operate to transfer any liabilities or responsibilities to Lessor; all modifications and alterations to the Premises shall be at Lessee's sole and absolute risk. In all circumstances, Lessee's work and act of modifying or altering the Premises shall be performed with the highest standard of care to ensure such work and act shall not cause damage to the Premises, to Lessor's adjacent highways, to any utility, to any irrigation facility, to any trees or to the property of any other party. Lessee's work and act of modifying or altering the Premises shall be subject to Lessee obtaining all appropriate permits from any authority having jurisdiction to approve such work. Further, to the extent permitted by law, Lessee shall and agrees to save, indemnify and hold Lessor harmless from any liability for damage or loss to persons or property resulting from this Lease. In the event Lessee engages a contractor to perform any work upon the Premises, such contractor shall be required to save, indemnify and hold Lessor harmless for any liability for damage or loss to persons or property resulting from activities from such work and shall name Lessor as an additional insured party on its insurance policy. Proof of the contractor's insurance must be provided to Lessor prior to any work being conducted on the Premises. (e) Lessor has entered this Agreement and has agreed to Lease the Premises to Lessee based upon representations made by Lessee that Lessee's intended use of the Premises is in the overall public interest for social, environmental, and economic purposes. (f) It is understood that the Lessee intends to construct a parking facility in the future based upon the design depicted in the site sketch attached as Exhibit C attached hereto and incorporated herein by reference. In accordance with Paragraph 19 of this lease agreement, CDOT hereby authorizes the construction of the proposed improvements depicted in Exhibit C. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK on IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. ATTEST: t v Title:�l -tiL'. STATE OF COLORADO Eagle County, State of Colorado, By and Through Its Board of County Commissioners By; cvtIAL ) ss COUNTY OF EAGLE ) t— The foregoing instrument was subscribed and sworn to before me this day of R.vug , 20 LC. _, by AT Cl��nL' NK`1as _C� iX and attested to by W as of Eagle County, a body politic of the State of Colorado. Witness my hand and official seal. My commission expires v G 17 �PNpRE6y O Address: NoQr,'�Y a0 I1 Chief Clerk 69--- No ary Public �'7S-0 F_A(, L 24 C'0 emu i LESSOR: COLORADO DEPARTMENT OF TRANSPORTATION Chief Engineer EXHIBIT "A" PARKING LOT LEASE PREMISES March 20, 2015 A Parking Lot Lease located in Tract 52, Section 18, T4S, R83W of the 6th P.M., Eagle County, State of Colorado, described as follows: COMMENCING at found 3 " Colorado Department of Transportation control point 1559, mile post 155.9 as shown on Land Survey Plat Book 1 Page 463 recorded in the records of the Eagle County Engineering Department from which point No. 21 a found 3" Colorado Department of Transportation right of way monument for ROW Project 11805 bears South 42 degrees 34 minutes 28 seconds West, 352.64 feet (Basis of Bearing); thence South 28 degrees 21 minutes 06 seconds East, 45.29 feet to the TRUE POINT OF BEGINNING "POB ". Thence South 50 degrees 50 minutes 07 seconds West, 22.36 feet; Thence South 12 degrees 35 minutes 59 seconds East, 50.00 feet; Thence North 50 degrees 50 minutes 07 seconds East, 22.36 feet; Thence North 12 degrees 35 minutes 59 seconds West, 50.00 feet to the POINT OF BEGINING. Area = 1000.000 square feet, more or less. N Z � � =vim off= m��� Z ;a D O OC;ug � p -( O Or C/fW� to N C j O� L Z C 3: N n J s ,,IIww V• O f; P 6 1 4 3 lei I � i i i 0 D n o 0 - ► II II W ��C0IIW -C7f N CD CID -4 V v ON N 0 k1 V v� CO) allo � N J ot- - - S _ /V T_ �� z�N 0 o v =vo n �W c � A�-1 D r C r. Z C x A D 'O D � r 0 0 ca 0 0 ao� gg�,c�o m m mg=— HORN RANCH PARKING LOT EASEMENT PARTS OF TRACT 51 SECTION 17, T4S, R83W EAGLE COUNTY, COLORADO NO. DATE REVISION EAGLE COUNTY ENGINEERING DEPARTMENT P.O. BOX 850, 500 BROADWAY EAGLE, CO 81831 970 3283580 FAX 970 328 -6789 BBUED: 0610-16 DMV t NW CHEMM COUNN •I7 c D_ 1.L•__ A- A /rivi ct(4) w j us to , f-i P Ics5.9 Exhibit °C" _ _ _ -_' l.c ��••- ,4�rra -wee ��" � P i •I7 c D_ 1.L•__ A- A /rivi ct(4) w