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HomeMy WebLinkAboutC98-296 Blue Lake Owners Association_amendment 1AMENDMENT NUMBER ONE TO LEASE AGREEMENT BETWEEN BLUE LAKE OWNERS ASSOCIATION AND EAGLE COUNTY, COLORADO THIS Amendment Number One is made and entered into thise--- day of fd, 1998, by and between Blue Lake Owners Association, a Colorado non profit core ration ("Landlord") and Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners ("Tenant"). WHEREAS, Landlord and Tenant entered into a Lease Agreement dated October 21, 1996, ("Lease Agreement") for the lease of certain space located within the Blue Lake Office Building, shown as Lot 4 on the attached Exhibit B, in the Blue Lake Community Center ("Community Center") identified as 0189 J.W. Drive, Carbondale, Eagle County, to house the clerk and courtroom for the Eagle County Court and for purposes of conducting public meetings of the Eagle County Planning Commission; and WHEREAS, new space located within the Community Center Building, shown as Lot 3 on the attached Exhibit B ("Community Center Building") at the Blue Lake Community Center, Carbondale, Eagle County, Colorado ("New Space") has become available for lease which Tenant would like to lease from Landlord in lieu of the original space; and WHEREAS, the Lease Agreement Term expires December 16, 1998; and WHEREAS, Tenant wants to extend its occupancy of space in the Blue Lake Subdivision; and WHEREAS, in order for the Tenant to lease this New Space, Landlord is required to obtain approval pursuant to applicable Eagle County Land Use Regulations of an amended final plat for the purpose of decreasing the amount of open space associated with the Blue Lake Community Center by adding parking space, thereby bringing the approved plat into conformance with the actual land uses at the Community Center. NOW, THEREFORE, in consideration of their mutual promises herein, the parties agree: I. The Lease Agreement is amended in the following particulars, and hereafter the terms "Lease," "Agreement" and "Lease Agreement" shail mean and refer to the Original Lease as hereby amended: GABOMATEMPHOMBLUELAKE.LSE 1 File No. 96-193 ^1 10�_ 1. Article I.A is added, as follows: ARTICLE I.A. SUBSTITUTED PREMISES Upon the approval of the am(nded final plat and within sixty days thereafter, Tenant shall move to the New Space and vacate the existing Premises, and thereupon "Premises" shall mean and refer to the New Space, as follows: A. The exclusive use and possession of the Office Space and the proposed storage closet (discussed at Article VII) as shown on the Exhibit A attached hereto and incorporated herein by this reference. B. The non-exclusive use and possession of the Meeting Room as shown on Exhibit A, attached hereto and incorporated herein by this reference, and as more particularly described in Article IV. C. The non-exclusive use and possession of the Common Areas, consisting of the bathrooms, stairways and entryways in the Community Center Building, as shown on Exhibit A attached hereto, and the walks and parking lot adjacent to the Blue Lake Office building to the north and adjacent to the Community Center Building to the west, within the Blue Lake Community Center. Tenant shall deliver to Landlord the former premises in good order, reasonable wear and tear allowed. Tenant shall remove the sign from the exterior of the Blue Lake office building and erect it on or adjacent to the Community Building in a location acceptable to Landlord. 2. Article II of the Original Lease ("Term") is amended by the following: The initial Term of this Lease Agreement is extended, to expire on midnight, December 31, 2000. At Tenant's sole option, Tenant may renew the Lease Agreement for three one-year renewal terms, not to exceed a total of three such renewals, by giving notice in writing to Landlord of its intent to exercise the renewal privilege at least ninety (90) days prior to the expiration of the original or any renewal Term. 3. Article III of the Original Lease ("Rent") is amended by the following: Upon the commencement of Tenant's occupancy of the New Space: G:IBOBWIPITEMPHOLDIBLUELAKE.LSE 2 File No. 96-193 11061 r4W4.1 1. The base rent shall become $19,200 per year, payable in 12 equal installments of $1,600.00 per month; the annual base rent shall be increased by 3% over the prior year's base rent each renewal year of the Term; 2. Tenant shall pay for all trash removal, telephone, gas and electricity which is(are) separately supplied or separately me tered to the Leased Premises. The shared utilities charges consisting of gas, water, sewer, electric and pesticide control which constitute additional rent shall be those related to the Community Center Building, and Tenant shall pay 50% of those charges. 3. The real estate taxes which constitute additional rent shall be those for the Community Center Building. 4. Article IV ("Non -Exclusive Use of Common Areas and Meeting Room; Limited Use of Meeting Room") is amended to delete the first, second, third, fourth and eighth (all un- numbered) paragraphs and to add the following: Tenant shall have the exclusive right to use the Meeting Room/Courtroom portion of the Premises every weekday (Monday through Friday) from 8:00 a.m. through 6 p.m. for Court or other public event/meeting purposes and for access to the office spaces in the Premises; subject to the rights of Blue Lake Preschool to access the washer/dryer adjacent to the Leased Premises, and it shall be Tenant's responsibility to arrange any desired use schedule for the washer/dryer with the Blue Lake Preschool. Tenant shall have the right at all times to store the court's Bench in the Meeting Room/Courtroom portion of the Premises; Landlord may move the bench temporarily for other events to a comer of the room, but shall take reasonable care to avoid use of or damage to the Bench. Landlord shall have no liability for any loss or damage to any items stored in the meeting room overnight. Tenant understands that the meeting room may be used overnight and on weekends or between court sessions and that furniture left out at the end of the business day may be moved by other users. It will be Tenant's responsibility to configure the furniture at its next court session or event. Tenant shall have the exclusive right to use a corner of the Meeting Room/Courtroom for storage of stackable or folding chairs and tables used for Court and other meetings. If Tenant occupies the New Space and elects to construct a storage closet in accordance with paragraph 7 of this Amendment, it shall upon completion of construction have the exclusive use of that storage closet, which shall be in substitution for the right of open storage in the Meeting Room/Courtroom. The design and construction of the storage closet is to be approved by Landlord. At Landlord's request the meeting room shall be GABOMATEMPHOLDIBLUELAKE.LSE 3 File No. 96-193 ^%. restored to its original condition before construction of the closet upon the termination of the Lease. Tenant's right to use the Meeting Room/Courtroom portion of the Premises includes the non-exclusive right to use the bulletin boards therein for public announcements. . Tenant shall have the nonexclusive use of the stairways, building entryways, downstairs restrooms and the parking lots in and adjacent to the Community Center. Tenant's use of the parking lots shall be limited to parking needs related to the Court offices, court proceedings, and public meetings, and shall be shared with other Blue Lake tenants and visitors on a first -come, first -served basis. 5. The text of Article V ("Quiet Enjoyment") is deleted and replaced by the following: Landlord covenants that it will not permit any activity over which it has control to occur in the Meeting Room or Common Areas which would inhibit Tenant's ability to operate its offices, hold court proceedings or hold public meetings under the terms of this Lease Agreement; provided, however, that, if Tenant moves to the New Space, Tenant acknowledges that the floor above the Premises is used for a daycare center during weekdays. Landlord shall deliver the New Space to Tenant for its occupancy in a broom clean condition, empty of all furniture. 6. Article VI ("Cleaning") is amended to delete item (a) in its first paragraph, and to add the following: Tenant covenants that it will exercise the highest duty of care to maintain the Leased Premises in a clean condition and to provide for sufficient trash and garbage service. Tenant shall schedule regular weekly cleaning of the Leased Premises including the restrooms, at the Tenant's expense. Landlord shall be responsible for the clean up from any short term rentals Tenant shall not permit any noxious or offensive odors to exist in or around the Leased Premises. A breach of this obligation by the Tenant shall constitute a material breach of this Lease. 7. Article VIII ("Maintenance And Repairs') is amended to add the following: Tenant may designate up to two (2) parking spaces, of a size to conform to applicable G:IBOBWIPITEMPHOLDIBLUELAKE.LSE 4 File No. 96-193 laws, for handicapped parking in the parking lot located on the south side of the Community Building, marked as "ADA" on the attached Exhibit B. Tenant shall at its own expense install and maintain signs designating such space(s) as being for handicapped parking and appropriately paint the pavement to designate the size and restriction. 8. Article IX ("Alterations") is amended to add the following: If Tenant occupies the New Space: 1. At its option and its expense, Tenant may remodel the office space in the Premises, as shown on Exhibit A and divide it into two offices; Landlord hereby consents to such improvements. At Landlord's request, Tenant will restore the office space to its original condition upon termination of the Lease. 9. Article XXIV is added as follows: ARTICLE XXIV LANDLORD TO OBTAIN LAND USE APPROVALS Landlord has submitted an application and the required fee to Eagle County in order to obtain approval for an amended final plat, allowing for parking on the south side of the community center building, and shall cooperate in the processing of this application. Tenant shall pay any additional expenses required in order to process the application, including any surveying expenses, or additional fees required by Eagle County. 10. Article XXV is added as follows: ARTICLE XXV TENANT PARTICIPATION IN IMPROVEMENTS As part of the consideration for the amended lease, Tenant agrees to make the following improvements to the common areas surrounding the community center building: 1. Prior to Tenants moving to the New Space, the paved area south of the community center building shall be improved. Tenant shall (a) remove the existing 3 foot high chain link fence crossing this area and fill any holes after removal; (b) stripe the lotto designate parking spaces and appropriate handicapped and no parking spaces by the entrance; (c) install boulders or other appropriate safety barriers along the edge of the parking area adjacent to the pond; and (d) make any other improvements that may be required by Eagle County as GABOBWIMEMPHOLDIBLUELAKE.LSE D File No. 96-193 .-. 000%, part of the amended plat approval process. 2. Prior to Tenants moving to the New Space, Tenant shall install signs on the north and south side of the building directing those using the court/county facilities to the south parking area and entrance. Tenant shall also install sign(s) for handicapped space(s). By July 1, 1999, and at Landlord's option, a pedestrian path shall be installed between the community center building and the Blue Lake office, allowing passage from the existing north parking lot to the new south parking lot. The path shall be designed and installed by Tenant and shall be 4 feet wide, asphalt or concrete, with steps and metal railings meeting code on the hillside near its terminus at the south parking lot. Any existing sprinklers affected by this construction will be moved and properly re -installed, and two 4 inch diameter pvc "sleeves" will be placed under the path during construction at locations designated by Landlord. The first $2,000 of expense for the above improvements shall be shared equally by Landlord and Tenant. Any costs above $2,000 shall be the responsibility of the Tenant. Design of the signs and other improvements shall be approved by Landlord. Snow removal from the parking lot described above shall be the responsibility of the Tenant. II. All terms and conditions of the Original Lease which are not hereby expressly amended shall remain in full force and effect. III. If there is a conflict between a provision in the Original Lease and a provision in this Amendment, the provisions of this Amendment shall control. IN WITNESS WHEREOF, the parties hereto have signed this document the year and date first set forth above. "LANDLORD" BLUE LAKE OWNERS ASSOCIATION By: Peter Delany, Preside G:\BOMIP\TEMPHOLD\BLUELAKE.LSE 6 File No. 96-193 "TENANT" COUNTY OF EAGLE, STATE OF COLORADO of `"`�F� By and Through its BOARD OF COUNTY ATTEST: y �, z COMMISSIONERS J By: Clerk to the Board of James . 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