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HomeMy WebLinkAboutbocc.con.062.2001 CONTRACT" �`a�l LEASE AGREEMENT BETWEEN THE CITY OF ASPEN D.B.A. KIDS FIRST: CHILD CARE RESOURCE CENTER AND PITKIN COUNTY COLORADO This lease agreement is made and entered into on the 1st day of January, 2001, by and between the City of Aspen d.b.a. Kids First, Child Care Resource Center, hereinafter referred to as Kids First, and the County of Pitkin in the State of Colorado hereinafter referred to as the "County". Whereas, from January 1, 2001- December 31, 2001, Kids First desires to rent an office space in the Health and Human Services building approximately 150 sq feet at $16.00/sq ft per year totaling $2400.00 for one year. This lease is not renewable without written consent of both parties. Failure to vacate the premises as of January 1, 2002 will not operate as a renewal of this lease. Whereas, Kids First is providing access to childcare information and resources and promoting the availability of quality, affordable childcare services for all residents and visitors of the Roaring Fork Valley by providing support services to parents, children, employers and child care providers. Whereas, the County wishes to support the City's efforts in this area by offering the Kids First an in-kind contribution rent of one year. Now therefore, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Period of Operation: The County hereby leases and demises for the calendar year 2001 to Kids First that area designated Suite 3B in the Schultz Building. Said space shall be available at 8:00 a.m., Saturday, January 1, 2001. Kids First will be prepared to vacate the office by 5:00 p.m. on Friday, December 31, 2001, unless a new lease has been signed. 2. Repairs and Maintenance: During the period of this lease agreement Kids First shall maintain this office in good shape and repair and return it to the County in substantially the same condition received normal wear excepted. The County shall provide regular office cleaning Monday - Thursday. 3. Payment: The rent for the entire term for the space rented by Kids First is $2,400.00, however, the County shall provide this amount as an in-kind contribution. 4. Governing Law: This lease agreement has been entered into in the State of Colorado, and the validity, interpretation and legal effect of this agreement shall be governed by the laws of the State of Colorado. 1 5. Remodels To Premises: No remodeling is to be done to premises without the written consent of the County. Remodels will be done at the agency's cost unless the remodel is addressing a health or safety issue. County must approve any credit of cost of remodeling before work commences. 6. Non-Assignment: This lease agreement and the rights arising under it shall not be assigned or transferred by Kids First. 7. Binding Effect: This lease agreement shall be binding upon the parties hereto, their respective heirs, successors and assigns. 8. Miscellaneous Services: - All other services, copier, etc, will be charged to Kids First at the rate determined for all tenants of the building. Phones are billed to the City of Aspen. 9. Kids First agrees to undertake its activities in the leased premises in a manner which will not interfere with other tenants and activities in the building. 10. The County shall supply heating and electricity to the leased premises at no additional charge. 11. In the event the building or leased premises become damaged or untenantable for any reason during the term hereof, the County shall have the right to declare this lease terminated and require Kids First to vacate the premises, whereupon the parties shall have no further obligations hereunder. 12. Maintenance and cleaning shall be the responsibility of the County with general office cleaning (vacuuming and trash removal) Sunday - Thursday evening, annual carpet cleaning and annual window cleaning. 13. In whole or in part, Kid's First shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County (with the County named as additional insured) and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from Kid's First's acts, errors, or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: (1) Statutory Worker's Compensation: Colorado statutory minimums (2) Commercial General Liability: ISO 1996 Form or equivalent Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $22000,000 Comprehensive Form (All Risks) to include: _X_Premi ses/Operations Underground, Explosion, & Collapse Hazard _X_Products/Completed Operations 2 _X_Contractual Liability Independent Contractors and Subcontractors _X_Broad Form Property Damage _X_Personal Injury 14. To provide evidence of the required insurance coverages, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County (through the Project Manager) no later than ten (10) calendar days prior to commencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract and grounds for rescission or termination. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County(through the Project Manager). (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein, including a change to policy limits as set out in the then-current policy declarations page). 15. This agreement may be terminated at any time for any cause by either party by 30 day written notice to the other party at the addresses set forth below. 16. It shall be the responsibility of Kids First at its own sole cost and expense, within five days after the expiration of this Agreement, to remove said vehicles from the premises. Any vehicles not removed within this period of time shall be conclusively deemed to be abandoned by Kids First and shall become the property of the County. 3 WHEREFORE,the parties have herein set their hands and affixed their seals the day and date indicated below. SIGNED this day of � _,2001. RECOMMENDED FOR PPROVAL: PITKIN COUNTY,COLORADO By: Nancy N. Sunde Hilary Flet r Smith Director of Human Services County Manager APPROVED AS TO FORM: —� John Ely CITY O SPE D.B.A. KIDS FIRST - County Attorne By: T —,v-0, Steve ick (date) Debe MacDonald Nelson By: '-�� Finance Director Shirley Ritter (date) Director, Kids First: Child Care Resource Center Mailing Address: 0405 Castle Creek Road, # 3 ATTEST: Aspen, CO 81611 STATE OF COLORADO ) )ss. COUNTY OF ( ! ' ) The foregoing was acknowledged before me this 0�3day of 12001 , by agent for Kids First: Child Care Resource Center. l Witness my hand and official seal. Nota P}}bl* ' AddreLa My Commission expires: „'��auunru, �N BLUAI ��iii -4-44 W OF '� •" pU84�G . arum )f,jmjS I0N EXPIRES: arrr 4,2002 4