HomeMy WebLinkAboutC17-163 Hy Mountain Transportation dba High Mountain TaxiLEASE This Lease Agreement (hereinafter referred to as "Lease" and/or "Agreement") made this 05/22/2017 , between Eagle County, State of Colorado, a body corporate and politic, organized and existing pursuant to the laws of the State of Colorado ("Landlord") and Hy Mountain Transportation, Inc., a Colorado corporation d/b/a High Mountain Taxi, Inc. ("Tenant"). WITNESSETH• WHEREAS, Landlord owns, controls and operates the Eagle County Regional Airport, ("Airport") located in the County of Eagle, State of Colorado; and WHEREAS, the Tenant desires to lease and use a portion of certain land at the Airport for storage of up to 19 motor vehicles; and WHEREAS, Landlord desires to lease to Tenant a portion of the land and grant to Tenant the non-exclusive right to use a portion of the land as more fully described herein. NOW, THEREFORE, in consideration of the rents or sums of money to be paid as set forth herein and the covenants upon the part of the Tenant to be kept and performed as hereinafter expressed, the parties agree as follows: 1. Rental Space. Landlord hereby demises and leases unto Tenant a portion of that certain parcel of land lying and being situated in Eagle County, Colorado and being more particularly described in Exhibit "A" attached hereto and incorporated herein by reference ("Leased Premises/Rental Space" or separately "Leased Premises" or "Rental Space"). The Rental Space consists of ten (10) vehicle spaces, which is approximately 3,800 square feet more or less, located at the Airport as highlighted in Exhibit "A." The Rental Space is subject to relocation at the discretion of Landlord. Landlord will make reasonable effort to provide 72 hours' notice when relocation of some or all Rental Space is required. Landlord's notice to Tenant may be less than 72 hours depending on purpose of Rental Space relocation. 2. Rent. The rental fee for the Lease Term shall be $150.00 per month ($15.00 per vehicle). The rental fee for the Lease Term is $1,050.00 and shall be paid in full on or before June 15, 2017. 3. Lease Term. Unless earlier terminated as set forth herein, the Lease Term shall be effective May 1, 2017 and shall continue in effect up to and including November 30, 2017 (hereinafter referred to as the "Lease Term"). 4. Use of Premises. The Rental Space may be used for the parking and storing of up to ten (10) motor vehicles and for no other purposes. If the aforesaid use by Tenant is ever prohibited or substantially impaired by law or by restriction by Landlord or other instruments of record, Tenant shall have the immediate right to terminate this Lease. C17-163 (a) Possession and Use. Landlord shall give possession of the Leased Premises/Rental Space to Tenant for the Lease Term. Tenant shall Make possession of and use the Leased Premises/Rental Space for the purposes stated above. Tenant shall comply with all laws and ordinances and regulations as may be amended applicable to its use of the Leased Promises/Rental Space. Tenant shall have reasonable ingress and egress to the Leased Promises/Rental Space as shown on Exhibit "A" attached hereto. S. Condition of Premises. Tenant stipulates that it has examined the Leased Premises/Rental Space including the grounds and that they are at the time of entering into this Lease in good order and repair and in safe and clean condition. Further, Tenant shall maintain the Leased Promises/Rental Space in good condition and in all respects satisfactory to Landlord during the continuance of this Lease. 6. Subletting. Tenant shall not assign or sublet the Leased Premises/Rental Space in whole or in part or grant any concession or license to the Leased Premises/Rental Space. Any such assignment, subletting, concession or license shall be void and shall, at Landlord's option, terminate this Lease. 7. Real Estate Taxes. Tenant shall pay all associated real property taxes and assessments on the Leased Premises during the Lease Term. 8. Quiet Enjoyment. Landlord has the right to enter into this Lease. If Tenant complies with this Lease, Landlord must provide Tenant with undisturbed possession of the Leased Promises/Rental Space subject to the terms and conditions of this Lease. 9. Alterations. Tenant may not make any changes or additions to the Leased Premises/Rental Space without Landlord's prior written consent which Landlord may withhold in its sole discretion. Any changes or additions made without Landlord's prior written consent shall be promptly removed by Tenant. 10. Tenant's Qbll2ations. Tenant shall: (a) Keep the Leased Premises/Rental Space in clean and sanitary condition, including snow removal; (b) Properly dispose of rubbish, garbage and waste in a clean and sanitary manner and at reasonable and regular intervals; (c) Not intentionally or negligently destroy, deface, damage, impair or remove any part of the Leased Premises/Rental Space, its appurtenances, facilities, equipment, nor to permit any invitees, licensees, or other persons acting under Tenant's control to do so; (d) Not permit a nuisance or commit waste; 2 (e) Make all repairs to the Leased Premises/Rental Space that are not the responsibility of Landlord; (f) Not keep or have on the Leased Premises/Rental Space any article or thing of a dangerous, flammable or explosive character that might increase the chance of eruption of fire on the rental space or ordinarily would be considered hazardous or extra hazardous by any reasonable insurance company; and (g) Not conduct any fueling or vehicle maintenance operations on the Leased Premises/Rental Space. 11. Suns. Tenant may not place any signage at the entrance on or about the Leased Premises/Rental Space. 12. Access to Rental Spa . Landlord shall have access to the Leased Premises/Rental Space at reasonable times upon notice to Tenant to: (a) Inspect the Leased Premises/Rental Space; (b) Make necessary repairs, alterations or improvements; (c) Supply services; and (d) Show the Leased Premises/Rental Space to prospective buyers, mortgagees, lenders, contractors or insurers. 13. Fire and Other Casualty. Either party hereto may cancel this Lease if the Leased Premises/Rental Space is materially damaged by fire or other casualty. 14. Insurance. Tenant shall obtain and maintain in effect during the Lease Term and any extension, either through self- insurance or through an insurance carrier with an "A.M. Best" rating of not less than A -VII and duly authorized and licensed to do business in Colorado with the following: (a) Workers' Compensation insurance as required by law. (b). Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. (c) Commercial General Liability coverage for claims relating to personal and bodily injury, premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. (d) At its expense, Tenant shall maintain insurance on all inventory, vehicles, or other personal property stored or used on the Leased Premises/Rental Space 3 from and against loss of damage by vandalism, malicious mischief, fire, snow, hail, or other damage caused by acts of god or third parties. The Parties agree that Landlord shall not be responsible for and Tenant hereby waives and releases Landlord from any and all claims or damage caused by third parties or acts of god. A certificate of insurance evidencing the coverage to be maintained hereunder by Tenant shall be delivered to Landlord at the time this Lease is executed. Such liability insurance shall name Landlord as an additional insured. Failure to obtain and/or maintain such insurance shall be a default under the terms of this Lease. 15. Indemnification. Tenant shall indemnify and hold harmless Landlord, its Board of County Commissioners and the Eagle County Air Terminal Corporation and the individual members thereof, their commissioners, agencies, departments, officers, agents, employees, servants or its successors from any and all fines, demands, losses, liabilities, claims, damages and judgments including attorney's fees together with all costs and expenses incident thereto which may accrue against, be charged to, or be recoverable from Landlord, its Board of County Commissioners, and their individual members, their commissioners, agencies, departments, officers, agents, employees or servants and its successors as a result of the negligent acts, errors, or omissions of Tenant, its employees or agents in connection with Tenant's use and occupancy of the Leased Premises/Rental Space except to the extent such injury or damage results from the negligent acts of Landlord or any of Landlord's representatives. Additionally, the parties mutually agree that no Commissioner or officer or employee of Landlord nor any officer, manager, member, agent or employee of Tenant shall be held personally liable under this Lease or because of its enforcement or attempted enforcement. The parties further agree that this clause shall not waive the benefits or provisions of Colorado Revised Statute 24-10-101 et seq. or any similar provision of law. This paragraph shall survive expiration or termination hereof. 16. Environmental. Tenant agrees to indemnify, defend, protect and hold Landlord harmless from any liability incurred by Landlord occurring by reason of the existence of hazardous substances on the Leased Premises/Rental Space arising out of the acts of Tenant, its employees, customers, agents, or licensees. Hazardous substances shall mean those materials defined as hazardous materials, hazardous waste or hazardous substances under CERCLA P.L. 96-510, as amended, or any other local, state or federal law. 17. Surrender of the Premises. At the expiration or earlier termination of this Lease, Tenant will quit and surrender the Leased Premises/Rental Space to Landlord. In the event that Tenant fails to surrender the Leased Premises/Rental Space and remains in possession of the Leased Premises/Rental Space without the permission of Landlord or without a valid extension, Tenant shall pay Landlord a flat rate rent of $1,000.00 per month and such continued occupancy shall be considered a month-to-month tenancy. 18. Termination and Requirements Upon Termination of Lease. Notwithstanding anything contained herein to the contrary, Landlord may terminate this Lease at any time during the Lease Term by sending Tenant thirty (30) days prior written 4 notice of its intent to terminate. In the event of such early termination, Tenant shall only be responsible for rent for such time it actually occupied the Rental Space. Upon termination of the Lease, Tenant shall clean the Leased Premises/Rental Space and return the same to Landlord in its initial condition, except for reasonable wear and tear. 19. Default. Tenant promises and agrees that if default be made in the performance under any of the conditions under this Lease that this Lease may be forthwith terminated at the election of Landlord and Tenant will surrender and deliver up possession of the Leased Premises/Rental Space to Landlord within three business days of receiving written notice from Landlord stating the breach of the conditions of this Lease. In the event that it shall become necessary for Landlord to employ an attorney to enforce any of the provisions hereof, or to enforce the collection of any amounts due under the terms of this Lease, Landlord shall be entitled to recover all costs, including reasonable attorney's fees. Such costs shall be required to be paid to cure any outstanding default. 20. Notices. Any notices provided for herein shall be in writing and shall be delivered in person or mailed by certified or registered mail, return receipt requested, postage prepaid, to the party for whom intended at the address set forth below. Hy Mountain Transportation, Inc. d/b/a High Mountain Taxi, Inc. Attention Todd Gardner 214E Aspen Airport Business Center Aspen, CO 81611 Phone (970) 925-4475 Fax (970) 925-9409 County of Eagle, State of Colorado Attention: Aviation Director P.D. Box 850 Eagle, CO 81631 Phone (970) 328-2680 Fax (970) 328-2687 With a copy to: Eagle County Attorney P.D. Box 850 500 Broadway Eagle, Colorado 81631 Either party hereto may change its address by written notice to the other party. Notices are deemed to have been given effective as of the date of delivery if personally delivered, and as of the third day after mailing, if mailed. k 21. Duty to Obtain Required Permits. Tenant shall at its sole expense, obtain and maintain in goad standing all proper and necessary permits and licenses necessary to carry out and perform its obligations under this Lease. 22. No Private Cause of Action. The rights herein contracted for shall inure solely for the benefit of the parties to this Lease, and nothing herein shall be construed to grant a cause of action to non-parties claiming as third party beneficiaries or otherwise. 23. No Waiver. The failure of Landlord to insist in any one or more instances upon a strict compliance of any of the obligations, covenants and agreements herein contained or the failure of Landlord and any one or more instances to exercising the option, privilege or right herein contained shall in no way be construed to constitute a waiver or relinquishment or release of such obligation, covenant or agreement and no forbearance by Landlord or any default hereunder shall in any manner be construed as constituting a waiver of such default by Landlord. 24. Amendments. All amendments to this Lease must be made in writing by mutual agreement of the parties and no oral amendments shall be of any force or effect whatsoever. 25. Entire Agreement. This Lease supersedes all previous communications, negotiations and/or contracts pertaining to the respective parties hereto, if any, either verbal or written and the same not contained herein are hereby withdrawn and annulled. 26. Governing Law. The laws of the State of Colorado shall be controlling and any action between the parties hereunder shall be brought in the County of Eagle, State of Colorado. 27. Binding Effect. The covenants and conditions herein contained shall apply and bind their heirs, legal representatives, assigns of the parties hereto and all covenants are to be construed as conditions of this Lease. 11 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 11 C7 IN WITNESS WHEREOF, the parties hereto have executed this Lease on the year and date first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Thm_ e$„ Its COUNTY MANAGER Y• Bryan Treu, County Manager TENANT: Hy Mountain Transportation, Inc. d/b/a High Mountain Taxi, Inc. By: Signature Prim Name: Todd Gardner 7 0 0 � Q r Client#: 171803 HYMOUNTR ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE [MMIDDIYYyyj 1 4/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Propel Insurance CONTACT NAME: Sofia JanjgaVa mac° Ne, E.,a : 800 499-0933 IFAX 866 577-1326 NI). Portland Commercial Insurance E-MAIL ADDRESS:olia.anIaVa praPetnsurance.com 805 SW Broadway, Suite 2300 Portland, OR 97205-3363 INSURERS) AFFORDING COVERAGE MAIC N INSURER A: American Service Insurance Comp 42897 INSURED Hy -Mountain Transportation, Inc. Dba: High Mountain Taxi 214B AABC INSURER B : I HSV RER C INSURER D $2,000,000 Aspen, CO 81611 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L�R TYPE OF INSURANCE HDDL SR SBD POLICY NUMBER M/DD POLICY EFF Y EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GL26559P2017 0510112017 0510112018 EEACCHq�,OECCTURRENCE PREMIES S&E E'D'. MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AGG s2,000,000 $100,000 $5,000 $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: X1 POLICY F-1 ECT LDC OTHER: $2,000,000 $2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED x SCHEDULED AUTOS AUTOS NUTOS NED HIRED AUTOS AUTOS CA14886P2016 5101/2017 05/01/201 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE Pereccidenl 1,500,000 $ $ $ $ UMBRELLA LUIB EXCESS LIAR HCLAIMS-MADE OCCUR EACH OCCURRENCE AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETORIPARTNERJEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below $ NIA PER OTH- TAT E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and Volunteers. Additional Insured applies per attached Auto and General Liability endorsement forms. CERTIFICATE HOLDER CANCELLATION Eagle County PO Box 850 Eagle, CO 81631 ACORD 25 (2414)01} 1 of 1 #S26860641M2685627 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL26559P2017 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): EAGLE COUNTY PO BOX 850, EAGLE, CO 82631 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement applicable Limits of Declarations. shall not increase the Insurance shown in the CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: CA14886P2016 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HY-MOUNTAIN TRANSPORTATION, INC. DBA: HIGH MOUNTAIN TAXI Endorsement Effective Date: 05-01-2017 SCHEDULE Name Of Person(s) Or Organization(s): EAGLE COUNTY ATTORNEY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1