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HomeMy WebLinkAboutC16-126 Eagle Valley Child CareFIRST AMENDMENT TO LEASE AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND EAGLE VALLEY CHILD CARE ASSOCIATION This First Amendment ( "First Amendment ") is made and entered into the Z�­ day of cnwCL , 2016between Eagle County, Colorado by and through its Board of County Cornmissione s (hereinafter referred to as "Landlord" or "County ") and the Eagle Valley Child Care Association, a Colorado non-profit corporation (hereinafter referred to as "Tenant "). RECITALS WHEREAS, Landlord and Tenant entered into a lease agreement ( "Agreement ") dated the 23 "' day of August, 2011 for the ground floor of the Miller Ranch Child Care and Community Center; and WHEREAS, Landlord and Tenant desire to amend the Agreement to reflect the inclusion of certain outside space in the Leased Premises and to clarify certain fees for 2016. NOW, THEREFORE, in consideration of the terms and covenants stated herein and as set forth in the Agreement, Landlord and Tenant agree as follows: FIRST AMENDMENT Article T Leased Premises is here by deleted and replaced with the following: "Landlord hereby leases to Tenant, and Tenant hereby rents from the Landlord, the "Leased Premises" described as approximately 7,711 square feet of space located on the ground floor of the Miller Ranch Child Care and Community Center and the fenced in playground area outside the Miller Ranch Community Center. The Leased Premises shall be used as an early childhood care center and related outdoor play area. The interior space of the Leases Premises is depicted on Exhibit A and the outdoor space of the Leased Premises is depicted on Exhibit A -I." 2. Article VI Utilities and Operational Expenses, paragraph I is hereby amended by to read as follows: C16 -126 OW ; n j,AS TO F �M "Tenant shall pay Landlord on the first day of each month a flat fee for certain utilities and operational expenses as more fully set forth herein. The monthly fee during the first lease year (2011) shall be $1,310.65 per month. See Exhibit B which is attached hereto and incorporated herein and reflects the flat fee due each month. For the 2016 . lease year the flat fee shall be seven thousand dollars ($7,000) annually or five hundred eighty -three dollars and thirty three cents ($5$3.33) each month. In the event the flat fee is not received by Landlord by the fifth day of each month, then Tenant shall. be responsible for past due interest which shall mean interest accruing at 1.5% per annum commencing on the fifth day of each month until all amounts due and owing are paid to the Landlord. 3. Article VI Utilities and Operation Expenses, paragraph 2 is hereby amended by the addition of the following sentence: "Tenant shall not be responsible for payment of the flat fee for the period from July, 2014 through December, 2015." 4. Article VI Utilities and Operation Expenses, paragraph 3, 5, 6, 7, S and 10 shall not apply during the 2016 lease year. 5. Article VIII Operation and Use of the Leased Premises is hereby amended by the addition of paragraph 11 as follows: "1 I. The parties acknowledge and agree that Landlord is the owner of all playground equipment currently located within the Leased Premises as depicted in Exhibit A -I (hereinafter the "Playground Equipment ".) The Playground Equipment may not be removed without the prior written consent of County and the Playground Equipment shall remain Landlord's property. Notwithstanding the foregoing, Tenant will be solely responsible for all routine maintenance and regulatory compliance of the Playground Equipment and any costs and expenses associated therewith during the term of the Lease Agreement and any amendments thereto. In the event Tenant desires to replace the Playground Equipment, Tenant shall submit a proposal setting forth details concerning the proposed playground equipment to Landlord including assurance to Landlord that the proposed equipment will be paid for in full and will not cause the Leased Premises to be subject to any liens or encumbrances. Landlord may consider and determine whether to grant the request in its sole discretion and nothing herein shall be considered pre - approval by Landlord of such a request. In the event the existing Playground Equipment remains at the expiration or earlier termination of the Lease Agreement, the same shall not be removed and shall remain the property of Landlord. Upon approval by Landlord, Tenant may install any replacement playground equipment at the Leased Premises in accordance with the approved plans. Playground equipment funded and installed by Tenant shall be the property of Tenant and the same shall be removed upon termination or expiration. of this Agreement and any injury or damage to the Leased Premises caused by such removal shall be addressed as set forth in Article 1X, paragraph 5 hereof. Notwithstanding the foregoing, nothing herein shall obligate the Tenant to remove playground surfacing materials that may have been installed by Tenant in the outdoor area of the Leased Premises (Exhibit A -l) upon termination or expiration of this Agreement. Nothing herein shall obligate Landlord to pay for any upkeep, maintenance, repair, replacement or additions to the existing Playground Equipment or any replacement playground equipment." 6. Capitalized terms in this First Amendment will have the same meanings as in the Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 7. Except as expressly provided in this First Amendment, the Agreement is in full force and effect and unmodified. [Signature Page Follows] IN WITNESS WHEREOF the parties hereto have executed this First Amendment to be effective as of the date above written. ATTEST: By: f Teak 3, Simonton Clerk to the Board State of Colorado County of Eagle LANDLORD: COUNTY OF EAGLE, STATE OF COLORADO by and through its Board opnty Commissioners By: Vocoa�`$ .aU ) )5S. ) , Chairman A u?I" - ILL P- yis...r TENANT: EAGLE VALLEY CHILD CARE ASSOCIATION By: d Name: s i. ro i P-r Title T - 6 Qa , The fQregoing instrument was acknowledged before me this day of M4-YZC# 2016 by as (r'L s c .t of Eagle Valley Child Care Association. 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