HomeMy WebLinkAboutC97-272 Eagle County Regional Transportation Authority09727203
BUSINESS LEASE
THIS LEASE is made this day of , between
Serthods, Inc., a Colorado corporation, (the Lessor) and the Eagle
County Regional Transportation Authority, of Eagle County,
Colorado, a body politic and corporate, acting by its Board of
County Commissioners (the Lessee).
I'N CONSIDERATION of the mutual promises set forth herein the
parties agrees:
PREMISES
The Lessor leases to the Lessee real property situated in the
County of Lake and State of Colorado commonly described as 611
Front Street, Leadville, Colorado, including all improvements
thereon ("Leaised Premises").
TERM
The Term of this Lease shall commence at 12:01 a.m. on November 1,
1997, and shall end at midnight on October 31, 2000, unless sooner
terminated in accordance with the terms hereof.
Lessee shall have two options to renew this Lease for a one year
period, exercisable by giving Lessor written notice of its exercise
not later than 60 days before the expiration of the original or a
renewal Term, provided that in no event shall the Term of this
Lease extend beyond October 31, 2002.
Holding over by Lessee with or without Lessor's consent after
termination of this Lease shall'be treated as a tenancy from month
to month at a monthly rental, payable in advance, of $1,250.00.
This provision shall not be construed as giving Lessee any right so
to hold over.
RENT
The Rent shall be $15,000.00 per year, payable in equal monthly
installments of $1,250.00, on the first day of the month, in
advance without further notice or demand.
LESSEE'S COVENANTS
LESSEE agrees:
1. To pay the rent as provided above.
2. To keep the improvements on the used Premises, including
all sewer connections, plumbing, wiring and glass, in good repair
,at the expense of the Lessee, reasonable wear and tear excepted.
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3. At the expiration of this Lease, to surrender and deliver
up the Leased Premises in as good order and condition as when the
same were entered upon; loss by fire, inevitable accident or
ordinary wear excepted.
4. To sublet no part of the Leased Premises, nor assign this
Lease or any interest in the lease, without the written consent of
the Lessor first being obtained.
5. To use the Leased Premises for no purpose prohibited by
the laws of the United States, or the State of Colorado, or the
ordinances of the Town of Leadville, Colorado, and for no improper
or questionable purpose whatsoever.
6. To keep the sidewalks in front of and around the Leased
Premises free from ice and snow, and the sidewalks and Leased
Premises free from all litter, dirt, debris and obstructions.
7. To keep the Leased Premises clean, and in the sanitary
condition required by the ordinances and the health and policy
regulations of the Town of Leadville, Colorado.
8. To neither permit nor suffer any disorderly conduct, noise
or nuisance whatever about the Leased Premises having a tendency to
annoy or disturb any persons occupying adjacent premises.
9. To permit the Lessor to place a "For Rent" sign of
reasonable characteristics on the Leased Premises at any time after
30 days before the end of the Term.
10. To permit the Lessor and his agents or employees, to
enter the Leased Premises at all reasonable and necessary times
with reasonable notice to Landlord to inspect the Leased Premises
and to make necessary repairs and improvements to them.
To allow the Lessor at any reasonable hour of the day to enter into
or on the Leased Premises and to go through and view the Leased
Premises.
11. To occupy the same for storage and maintenance of buses
and such other purposes as are related thereto.
UTILITIES
Lessor shall provide and timely pay for sewer and potable water
services required by Lessee at Lessor's sole expense.
Lessee shall provide
including but not
separately from sewer
its sole expense.
GABOMABUSBARMLSE
and pay for all other utilities it requires --
limited to trash (if billed by the Town
and water), gas, electricity, telephone -- at
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File 96-144
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LESSOR'S WARRANTY OF CONDITION
Lessor covenants and warrants that at the time of the signing of
this Lease and at the time of delivery of possession, the Leased
Premises are in a clean, safe and sanitary condition; in repair and
free from rodents, vermin, and toxic and other hazardous wastes or
materials; and in compliance -with applicable laws and regulations
of the United States, State of Colorado and Town of Leadville
relating to health and safety.
Lessor further covenants and warrants that there are no underground
storage tanks on the Leased Premises and to the best of his
knowledge there never have been any such tanks.
MAINTENANCE
Lessor shall maintain and keep in good repair at its sole cost and
expense the exterior of the building (excluding window cleaning),
the garage vehicle doors, the roof, the structural elements of the
building, and the building systems (electrical wiring, plumbing,
heating, and ventilation parts and equipment).
IMPROVEMENTS TO THE LEASED PREMISES
Lessee shall not have the right to make any alterations,
improvements, or additions to the Leased Premises without the prior
written consent of Lessor. Any alterations, improvements or
additions which are permanently afixed to the Leased Property such
that their removal would permanently and substantially damage the
Leased Premises shall become and remain the property of Lessor upon
the termination of this Lease.
Lessee may not erect any outdoor signs on the Leased Premises,
including on the exterior of the garage building, without the prior
written consent of Lessor, which consent shall not be unreasonably
withheld.
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Lessee is a government subdivision, exempt from real and personal
property taxes. Any taxes due on the Leased Premises or personal
property therein or thereon shall be timely paid by Lessor at its
sole expense.
INSURANCE
Lessee, at its sole cost, agrees to maintain in effect during
the Term of this Lease a policy or policies of insurance (including
GABOBWIABUSBARML.SE 3 File 96-144
self-insurance or government pool coverage) providing coverage
against damage to all improvements made by Lessee, which coverage
shall be in an amount equal and sufficient to cover the value of
such improvements and covering its personal property regularly kept
or stored on the Leased Premises.
NO ASSIGNMENT
Lessee shall not assign this Lease, or any interest in it, or
sublet the Leased Premises, or any part of the Leased Premises, or
any right or privilege to it, or allow any person other than Lessee
and Lessee's agents and employees to occupy or use the Leased
Premises without first obtaining Lessor's written consent.
Lessor's consent to one assignment, sublease, or use shall not be
a consent to any subsequent assignment or sublease, or occupancy or
use by another person. Any unauthorized assignment or sublease
shall be void.
OPTION TO PURCHASE
Lessor grants to Lessee an option to buy the Leased Premises
at any time Lessee may elect before October 31, 1999, at a price of
$260,000.00, provided Lessee shall have fully performed the Lease
and made all payments required up to that time. Lessor shall
credit against the purchase price $250.00 of each month's rent paid
by Lessee before closing. In the event of the exercise of this
option, Lessor agrees to convey the property to Lessee by warranty
deed free and clear of all encumbrances except current taxes and
assessments (prorated to date of closing). Nothing in this Lease,
however, shall be construed to prevent, prior to consummation of
the sale, Lessor's placing such deeds of trust on the Leased
Premises as he may see fit, provided that Lessor will protect and
defend Lessee and the Leased Premises against foreclosure or loss
by reason of any encumbrances created by or through the Lessor.
Lessor owns the property adjacent to the Leased Premises,
commonly described as 623 Front Street, Leadville, CO. This option
to purchase is transferrable by Lessee, at Lessee's sole option, to
that property.
In the event and on the Lessee's exercise of the option to
purchase the Leased Premises in the manner provided, a contract for
the sale and purchase thereof exists, the relationship of Lessor
and Lessee is automatically terminated, and the Lessee is in
possession of the Leased Premises as a vendee under an executory
contract, conditioned on Lessee's approval of the environmental
condition of and title to the property. Whenever Lessee shall
desire to exercise this option, it shall give Lessor written
notice. Lessor will, within reasonable time after receipt of such
notice and at its sole cost, deliver, or cause to be delivered, to
Lessee (a) a preliminary title report by a title company doing
G:\BOBWIMBUSBARMLSE 4 File 96-144
business in Colorado which is acceptable to Lessee, and (b) a
"phase I" environmental assessment performed by investigators
acceptable to Lessee in accordance with the standards of the
industry applicable to industrial properties. Defects in title, if
any, shown by such report shall be remedied by Lessor within thirty
(30) days of notice to him of such defects and he shall deliver to
Lessee at the time of closing and pay for an owner's policy of
title insurance issued by the company in the amount of the purchase
price subject only to encumbrance, exceptions, and reservations
mentioned in this Lease. Lessee shall have ninety (90) days after
receipt of the phase I report to conduct, review and approve any
soils tests and engineering reports it may elect to obtain on the
property. The purchase shall in any event be completed by
conveyance of the property and payment of the purchase price within
one hundred twenty (120) days from the delivery of notice of intent
to exercise this option, and if the notice is not given by Lessee
by October 31, 1999, then this option shall be null and void.
AMERICANS WITH DISABILITIES ACT
Anything else in this Lease to the contrary, this paragraph
will apply to all issues related to compliance with the Americans
with Disabilities Act, referred to as the ADA. In the event of any
conflict between the rest of the Lease and this paragraph, this
paragraph will control.
(a) Lessor represents and warrants that the Leased Premises
comply with the ADA requirements and regulations promulgated
pursuant to the ADA, referred to as the ADA Requirements.
(b) Any remodeling, construction, reconstruction,
installation of improvements or other work done to the Leased
Premises will be done in compliance with the ADA Requirements.
(c) In the event that a regulatory agency, private party,
organization or any other person or entity makes a claim under the
ADA against either (or both) parties, the party whose breach (or
alleged breach) of responsibility under this Lease gave rise to the
claim will promptly retain attorneys and other appropriate persons
to advise the parties regarding the claim, and will in good faith
and at that party's sole cost and expense take whatever actions are
necessary to bring the Leased Premises into compliance with ADA
Requirements. That party will defend, save and hold harmless the
other party from any and all expenses incurred in responding to the
claim, including without limitation the fees of attorneys and other
advisors, court costs, and costs incurred for bringing the Leased
Premises into compliance. If the claim relates to an aspect of the
Leased Premises as it existed at the time of the execution of the
Lease, as opposed to work performed by either party after the
execution of the lease, then Lessor will be deemed to be the party
whose breach of responsibility gave rise to the claim.
GABOBWIPSUSBARMLSE 5 File 96-144
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(d) Lessee will not change its use of the Leased Premises
without the Lessee's prior written consent. If the proposed change
in use would, in the good faith written opinion of Lessor's
advisors, trigger expenditures to comply with ADA Requirements not
applicable to the Lessee's then -current use of the Leased Premises,
Lessor may refuse the proposed change in use on the ground or
condition approval of the change in use on Lessee's agreement to
bear the expense of compliance with ADA Requirements triggered by
Lessee's proposed change in use. This subparagraph will also apply
to proposed assignments or subleases that would change the use of
the Leased Premises.
(e) Notwithstanding the above, neither party will be
responsible for any costs or expenses relating to practices of the
other that are deemed to be discriminatory under the ADA and that
relate solely to the conduct of that party (as opposed to physical
barriers), and each party will indemnify the other against costs or
expenses relating to the other party's conduct.
(f) Notwithstanding the above, Lessee will be solely
responsible for expenses necessary to comply with ADA Requirements
triggered solely by a disability of one or more of Lessee's
employees.
(g) Both parties covenant with one another to cooperate
reasonably to comply with ADA Requirements in the least expensive
reasonable manner, and to create as little disruption as possible
to the business operations of Lessor and Lessee.
(h) Noncompliance with the provisions of this paragraph,
after written notice to the noncomplying party and an opportunity
to cure within a reasonable period, will be an event of default
under the Lease. A reasonable period to cure means cure or
commencement of efforts, diligently pursued to completion to cure
within 10 days.
MISCELLANEOUS
The waiver of any provision hereof must be in writing executed by
the party granting the waiver and delivered to the other party. No
assent, expressed or implied, to any breach of any one or more of
the covenants or agreements of this lease shall be deemed or taken
to be a waiver of any succeeding or other breach.
In case the Leased Premises are left vacant and any part of the
rent therein reserved be unpaid, then the Lessor may, without being
obliged to do so, and without terminating this Lease, retake
possession of the Leased Premises and rent the same for whatever
rent and on such conditions as the Lessor may think best, making
changes and repairs as may be required, giving credit for the
amount of rent so received less all expenses of these changes and
GABOBWIMBUSBARN.ISE 6 File 96-144
repairs, and the Lessee shall be liable for the full balance of the
rent due under the lease until the expiration of the term of this
Lease.
If the rent above reserved, or any part, shall be in arrears, or if
default shall be made in any of the covenants or agreements
contained in this Lease, to be kept by the Lessee, it shall and may
be lawful for the Lessor to declare the term ended, and enter into
the Leased Premises, or any part, either with or without process of
law, to re-enter, and the Lessee or any person or persons occupying
the same, to expel, remove, and put out, using such force as may be
necessary, without being liable to prosecution or in damages, and
the same Leased Premises against to repossess and enjoy, as in the
first and former estate of the Lessors, immediately on the
termination of the Term, and if the Lessee shall remain in
possession of the same after the termination of the Lease, the
Lessee shall be deemed guilty of a forcible detainer of the Leased
Premises under the statute, waiving all notice, and shall be
subject to eviction and removal, forcibly or otherwise, with or
without process of law, as above.stated.
Notwithstanding any contrary provision herein, all of Lessee's
obligations under this Lease are subject to its making annual
appropriations for it.
Subject to the provisions herein about assignability, all the
covenants and agreements contained in this Lease shall extend to
and be binding on the heirs, legal representatives and assigns of
the respective parties to this lease.
THIS LEASE is made by and between the parties with the express
understanding and agreement that, in the event the Lessee becomes
insolvent or is declared bankrupt, then, in either event, the
Lessor may declare this Lease ended, and all rights to Lessee under
the Lease shall terminate and cease.
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GABOBWIMBUSBARNISE 7 File 96-144
IN WITNESS WHEREOF, the parties have set their hands and seals
the day and year first written above.
L '
C'
tK
ATTEST 04 00
By;
17A -
Clark of he Board of
County Commissioners
0
By
LESSEE:
EAGLE COUNTY REGIONAL
TRANSPORTATION AUTHORITY,
of
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through
Its BOARD OF COUNTY
CO ISSIONERS
LESSOR:
BERTHODS, INC.
, chairman
..
0AR01iWl!"11ll1SBARMISE $ Nile 96-144
