HomeMy WebLinkAboutbocc.ord.016.1998111111 INN III IIN IIIIII NIIII IIIII III IIIN IIII NN
435642 09/17/1999 12:55P ORDINANC DAVIS SILVI
1 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO APPROVING A TWO-YEAR
COMMERCIAL LEASE WITH RIVER VIEW PLAZA L.L.C., ROARING FORK
PROFESSIONAL CENTER L.L.C, LESSORS AND PITKIN COUNTY AS
LESSEE FOR RIVER VIEW PLAZA CONDOMINIUMS UNITS 124,125 AND
128 FOR THE PURPOSE OF OPERATING SATELLITE OFFICES
ORDINANCE #98- t (P
1. The Board of County Commissioners ("the County") has determined that
there is a need for a satellite office in the mid -valley area.
2. The County and River View Plaza L.L.C. and Roaring Fork Professional
Center L.L.C. desire to enter into a Commercial Lease Agreement for two years in order
maintain a satellite office in Basalt, Colorado.
3. The Board is agreeable to lease the condominium units under the terms
and conditions set forth in the Commercial Lease Agreement attached hereto as Exhibit
A.
NOW THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Pitkin County Colorado, that the Board does hereby approve and adopt
the two-year Commercial Lease Agreement in substantially the form attached hereto as
Exhibit A and any other documents necessary to finalize the agreement and authorizes the
Chairman to execute such Commercial Lease Agreement on behalf of the entire Board
subject to approval by the County Attorney's Office.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON
THE 22ND DAY OF APRIL, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON THE 18TH DAY OF APRIL, 1998.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 13TH DAY OF MAY, 1998.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 23RD DAY OF MAY, 1998.
Ordinance #98-
Page 2
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435642 09/17/169S 12:55P ORDINANC DAVIS SILVI
2 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
ATTEST:
COMMISSIONERS
Deputy Clerk
APPROVED AS TO FORM:
John Ely
County -Attorney
1/ord/dvoffice.ord
BOARD OF COUNTY
OF PITKIN COUNTY, COLORADO
Dorothea Farris
Chairman
Date: .5 - 6 - 1S
uzanne Kon an
County Manager
CONTRAC # _ c7
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� " COMMERCIAL LEASE
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eI•�o v This lease is made between River View Plaza, LLC, a Colorado limited liability company, as Lessor,
ellmmz Roaring Fork Professional Center, LLC, a Colorado limited liability company and Pitkin County Government,
•moa f- as Lessee. Lessee hereby offers to lease from Lessor the premises situated in the City of Basalt, County of Pitkin,
omm a. State of Colorado, described as Units 124 and 128, (1,194 square feet, 7% of total building square dotage)
=o m River View Plaza Condominiums, upon the following TERMS and CONDITIONS:
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awn z 1 Term and Rent. Lessor demises the above premises for a term of twenty -tour (24) months or sooner as
N m provided herein at the annual rental of $13,532.00 for the first eight months commencing May 1, 1998 (payable
Elow' e • in equal monthly installments of $1,691.50 plus Double Net Expenses. Rent shall increase for the second twelve
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� o (months) by 3.0% per annum thereafter. First Month's Rent, Security Deposit and Last Month's Rent due
and payable on or before May 1, 1998. All rental payments shall he made to Lessor, C/O Glenn Ault, P.O.
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m Box 127, Basalt, Colorado 81621. The lease commencement date shall he May 1, 1998 and the date upon which
e9 rent shall commence to accrue shall he May 1, 1998 and the lease termination date shall he December 31, 2000
=mica a Lessor will texture and paint existing walls and install carpet.
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=6 o 2. Use. Lessee shall use and occupy the premises for office space. The premises shall he used for no other
er « purpose. Lessor represents that the premises may lawfully he used for such purpose.
3. Repairs. Lessee acknowledges that the premises are in good order and repair, unless otherwise indicated
herein. Landlord shall keep the common areas, roof, exterior walls, plumbing, electrical, heating, and other
mechanical installations of the Building in proper repair, provided that Tenant shall give Landlord prior written
notice of the necessity of such repairs. If any repair is required by reason of Tenant's negligence or the
negligence of any of Tenant's agents, employees, customers, or other persons using the Premises with Tenant's
consent, then Landlord may make such repair and add the cost of the repair to the next rental installment
thereafter due. Tenant shall keep the interior of the Premises in good order making all repairs at Tenant's sole
cost and expense and using materials and labor of a kind and quality equal to the original work.
4. Ordinances and Statute'. Lessee shall comply with all statutes, ordinances and requirements of all
municipal, state and federal authorities now in tierce, or which may hereafter he in torce, pertaining to the
premises, occasioned by or affecting the use thereof by Lessee.
5. Double Net Expenses. Lessee shall pay, on a monthly basis, commencing May 1, 1998 a prorata share based
upon Lessee's square dotage of all expenses attributable to the Premises and the condominium in which the
Premises are located, which shall he all of the tollowing: huilding insurance, liability insurance, HVAC, all
utilities, janitorial, irrigation and landscaping, sewer and water, snow removal, trash removal, maintenance,
management and security. Lessee will he killed monthly for its share of these expenses with an annual adjustment
being made in accordance with the provisions of paragraph 23 below. Certain of the expenses shall he allocated
to Lessee based upon the relationship between the square footage of the Premises and the square footage of all of
the space located in the condominium in which the Premises are located and which are occupied, i.e., HVAC,
utilities, snow removal, etc. Certain of the expenses will he killed to Lessee based upon Lessee's prorata share
calculated using the square footage of the Premises in relationship to the total square footage of the condominium
in which the Premises are located, i.e., insurance.
6. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable
times and upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time
within sixty (60) days prior to the expiration of this lease, to place upon the premises any usual "To Let" or "For
Lease" signs, and permit persons desiring to lease the same to inspect the premises thereafter.
7. Possession. If lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall
not he liable tier any damage caused thereby, nor shall this lease he void or voidable, hut Lessee shall not he liable
of any rent until possession is delivered. Lessee may terminate this lease if possession is not delivered within live
(5) days of the commencement of the term hereof.
8. Eminganiandp. If the premises or any part thereof or any estate therein, or any other part of the huilding
materially affecting Lessee's use of the premises, shall he taken by eminent domain, this lease shall terminate on
the date when title vests pursuant. to such taking. The rent, and any additional rent, shall he apportioned as of the
termination date, and any rent paid for any period beyond that date shall he repaid to Lessee. Lessee shall not be
entitled to any part of the award for such taking or any payment in lieu thereof, but Lessee may tile a claim for
any taking of fixtures and improvements owned by Lessee, and for moving expenses.
APPROVED BY
ORDINANCE
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10. Lessor's Remedies on Default. If Lessee defaults in the payment of rent, or any additional rent, or defaults
in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such
default and if Lessee does not cure any such default within ten days, after the giving of such notice (or if such
other default is of such nature that it cannot he completely cured within such period, if Lessee does not commence
such curing within such ten days and thereafter proceed with reasonable diligence and in good faith to cure such
default), then Lessor may terminate this lease on not less than ten days' notice to Lessee. On the date specified in
such notice the term of this lease shall terminate, and Lessee shall then quit and surrender the premises to Lessor,
hut Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminated by Lessor,
Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or
other occupants and their effects. No failure to enforce any term shall he deemed a waiver. In the event of any
uncured default under the Lease, the Lessee's rights in connection with the lease Option to Purchase referred to in
paragraph I above shall he immediately null and void.
ttti0) m 11. Security Deposit. Lessee shall deposit with Lessor on or before May 1, 1998 $1,691.50 as security for the
a a performance of Lessee's obligations under this lease, including without limitation the surrender of possession of
� m the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default of Lessee,
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Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on
m or hand at all times during the term of this lease.
• 12. Attorney's Fees. In case suit should he brought for recovery of premises, or for any sum due hereunder, or
because of any act which may arise out of the possession of the premises, by either party, the reviling party shall
he entitled to all costs incurred in connection with such action, including a reasonable attorney's fee.
13. Notices. Any notice which either party may or is required to give, shall he given by mailing the same,
postage prepaid, to Lessee at the premises, or Lessor at the address shown below, or at such other places as may
he designated by the parties from time to time.
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14. Heirs, Assigns, Successors. This lease is binding upon the inures to the benefit of the heirs, assigns and
successors in interest to the parties.
15. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may he modified
only by a writing signed by both parties. The following Exhibits, if any, have been made a part of this lease
before the parties' execution hereof:
16. Insurance, Prior to the commencement of the term hereof, and from time to time thereafter as required by
Lessor, Lessee shall provide Lessor with a certificate of insurance or other evidence of comprehensive liability
insurance coverage, relative to Lessee's occupancy of the Premises, with a reasonable combined single limit to be
determined by Lessor in an amount not to exceed $1,000,000.00. Lessee shall maintain such liability insurance in
force throughout the term of this Lease. Such insurance shall name Lessor d all agents, and mortgagees of
Lessor as additional insureds Lessor shall maintain a
comprehensive insurance policy with respect to the Building including liability coverage, Toss of rents, fire
insurance for the replacement cost of the Building during the term of the Lease and such other coverages as
Lessor's mortgagee, (if any) may reasonably require. Such policy shall he with a company and contain limits and
coverages as are satisfactory to the holder of any first mortgage on the Building. Lessee shall pay Lessee's
Percentage of the premiums for such insurance which accrue during the term of this Lease. If Lessee shall store
any solvents or other materials on the Premises or engage in any other activity on the Premises which results in a
surcharge to Lessor's insurance premium by the carrier, then Lessee shall reimburse Lessor for the entire amount
of such surcharge. Likewise, if another lessee in the Building shall engage in similar activity which results in an
insurance surcharge, such surcharge shall not he included in the premium to he paid by Lessee.
17. Alterations and Improvements. Prior to Lessee commencing the construction of any alterations or
improvements to the Premises, the Lessee shall he obligated to submit plans and specifications in reasonable detail
to the Lessor and to ohtain the Lessor's consent to such alterations and improvements, which consent shall not be
unreasonably withheld. Once Lessor's consent has been obtained, Lessee shall be given possession of the
Premises which may occur prior to the lease commencement date of May 1, 1998. All alterations or
improvements must he made by licensed contractors after they have obtained a building permit from the Town of
Basalt. All such alterations and improvements shall remain upon the Premises at the expiration of earlier
termination of this Lease and shall become the property of the Lessor. Lessee agrees to indemnify Lessor to the
full extent allowed by law from any claim of nature whatsoever which may he made against Lessor by virtue of
the Lessee's construction of alterations or improvements to the Premises, including, although not limited to, any
claims for mechanics' liens. The statutory notice required by Colorado revised Statute 38-22-105(2), as amended,
shall be posted on the front door and window of the premises prior to any construction commencing.
18. Risk of Loss, Landlord shall not he held responsible for and is hereby relieved from all liability by reason
of any injury or damage to any person or property in or upon the Premises, unless such injury or damage is
caused by or the result of the negligence of Landlord or its agents. Tenant shall indemnify the Landlord and hold
Landlord harmless from and against any and all claims, liabilities, and expenses arising out of or in connection
with the use of the Premises by Tenant.
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19. Covenant of Lessee. Lessee covenants and agrees that Lessee shall:
a.) Comply with any state or federal statute or local ordinance or regulation applicable to Lessee or its
use of the Premises;
b.) Keep and maintain the Premises in a clean, orderly, and sanitary condition;
c.) Conduct its business upon the Premises in a manner that is not harmful to the improvements or
disturbing to other lessees or occupants of the Building; and,
d.) Not commit or suffer to be committed any waste upon the Premises or any nuisance.
20. Signs. Lessee shall not alter the exterior of the Premises and shall not install or affix any sign without
obtaining the prior express written consent of Lessor and in complying in all respects with the standards set for
such signs by Lessor.
21. Damage to Premises. If the Premises shall he damaged by fire or other casualty but not rendered untenable,
in whole, or in part, Lessor shall promptly, at its sole cost and expense cause such damage to he repaired and the
rent shall not he abated. If, by reason of such occurrence, the Premises shall be untenable only in part, the Lessor
shall promptly at its sole cost and expense, cause the damage to he repaired and the rent, during the period of
repair shall he abated proportionately as to the proportion of the Premises rendered untenahle. If the Premises
shall be rendered wholly untenahle by reason of such occurrence, Lessor shall promptly at its sole cost and
expense, cause such damage to he repaired and the rent, during the period of repair, shall he abated in whole. If
the Premises shall he rendered wholly untenable after the commencement of the last year of the term of this Lease,
then Lessor may terminate this Lease by notice to Lessee in writing, within thirty (30) days of the event rendering
the Premises wholly untenable. However, such termination shall not affect any rights theretotore accrued to
Lessor.under this Lease because of prior defaults of Lessee.
22. Encumbrance of Leasehold. Lessee shall not assign, create a security interest in, pledge, or otherwise
encumber this Lease, in whole or in part or sublet in whole or in part any of the Premises, without the prior
express written consent of Lessor. In the event of any such assignment, subletting or encumbrance, Lessee shall
nevertheless remain liable for the performance of all the terms, conditions, and covenants of this Lease.
23. Subordination. This Lease shall he subject and subordinate at all times to the lien of any mortgages or deeds
of trust now or hereafter placed on the Building, (including the parcel of land on which the Building is located)
provided however, that in each such case the holder of the mortgage or the trustee of the deed of trust shall agree
that this Lease shall not be divested or in any way affected by tbreclosure or other default proceedings under such
mortgage or deed of trust, so long as Lessee shall not he in default under the terms of this Lease.
24. Estimated Payments. On or before May 1, 1998 and at the lease termination date of each year during the
term of the Lease, Lessor shall provide Lessee with a statement of all of such charges during the preceding
calendar year. If such statement indicates that Lessee has made estimated payments during such year in excess of
the actual amount due, Lessor shall credit Lessee with any overpayment against the next monthly rent otherwise
due. If such amount exceeds the remaining rent due under the Lease then Lessor shall immediately pay Lessee
any difference. In the event such statement indicates that the actual amount due from Lessee exceeds the estimated
payments made by 1 eqqe.. during the preceding year, Lessee shall pay such amount within fifteen (15) business
days after notice from Lessor.
Signed this
day of
The undersigned, for a valuable consideration, hereby
guarantees to the Lessor the full and complete performance
of all of the Lessee's obligations pursuant to the within
Lease.
Signed:
G4Signed:
Pitkin Couhty Go
APPROVED BY BOC
ON �7 ' l
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Roaring Fork Professional Center, LLC, Lessor
By: Temple Glasier By: Norman Clasen, Manager