HomeMy WebLinkAboutbocc.con.008.2010CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND
CONTRACT#
9: 1 1
ORIGINATING DEPARTMENT/DIVISION: Facilities /Public Works
CONTACT PERSON: Jodi Smith PHONE #: x5396
PROJECT NAME: Public Works Cabin Lease Agreement
FOR SCANNING/ARCHIVING
❑ BOCC AGENDA ITEM �STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (per Revised Procurement Code 7/2005)
❑ Over $50,000 (Requires County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
�None DInformal ❑Formal ❑Sole Source ❑Emergency �State Bid ❑
�Compliance with House Bills 06-1343 and 07-1073 - Immigration Form (Under $10,00Q Letters of Engagement, etc
�DOLLAR AMOiJNT: $10,H00 revenue
✓ CHECK CONTRACT TYPE:
(,�pl. Z$
BUDGET LINE ITEM/LEDGER NUMBER: 99�.'L8.00496.65200
(for county employees)
iental Agreement (Requires BOCC Action)
�, Equipment, Supplies
(e.g. revenue)
Ageements (Requires BOCC Action)
;e OrdedContract Amendment
CONTRACTOR: Christopher Bull COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor)
Contract Execution Date:3/26/1 � Contract End Date: 3/26/11
Automatic Renewal: ❑Yes �No Term of Contract:
S� OP
�V
-��`-� All Contracts should be proofed for the following:
✓ �No Pages Missing n/ ��
✓ QIf a Page is Left Intentionally Blank -Note on Page ��y
✓ �Page numbered consecutively
✓ �All Signatures Affixed
✓ �All Dates Filled In
✓ �All Other Blanks Filled In
✓ ❑All Exhibits Attached
✓❑HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract
✓ �All Legal Descriptions Attached (if applicable)
✓❑Notice of Awazd/Notice to Proceed Attached (if applicable)
✓ ❑Warranty (if applicable)
✓ ❑Special Instructions for Finance Department:
✓�Sent to Clerk and Recorder for Scanning/Archiving
✓�Authorized Staff Person's Name: Jodi Smith
BY CHECHING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
PITKIN COUNTY CONTRACT # 08 -2010
4 -
Vamp
PUBLIC WORKS CABIN
LEASE AGREEMENT
Contract #08 -2010
THIS AGREEMENT is made this 26th day of March, 2010 by and between Pitkin County,
Colorado, a Home Rule County, existing under and by virtue of the laws of the State of
Colorado, (hereinafter "Pitkin County ") and Christopher Bull, (hereinafter "Tenant ")
In consideration of the payment of the rent and performance of the promises set forth below,
Pitkin County does hereby lease to the Tenant the following described residential use area,
being a part of that larger parcel, in the Town of Aspen, Pitkin County, Colorado, located at 72
Service Center Dr, Aspen, Colorado, hereto, hereinafter referred to as "the premises" or
"residential use area ", which premises are to be used only as a private residence to house
persons employed in Pitkin County and members of their families, and for no other purpose
whatsoever.
IT IS MUTALLY AGREED BY THE PARTIES AS FOLLOWS:
1. LEASE OF PREMISES. Pitkin County hereby leases to Tenant the
premises, which include the residential building and use of the property including Parcel A for a
term commencing March 26, 2010, and expiring March 31, 2011, subject to the terms and
conditions of this agreement and further subject to the Exhibits as made a part hereof by
incorporation and reference. Tenant shall, at the expiation or termination of this lease surrender
the premises in as good condition as when Tenant entered the premises, ordinary wear
excepted.
2. EMPLOYMENT. Tenant agrees that he /she must remain employed in Pitkin
County through the duration of this agreement, as a condition of this lease. In the event of
termination of such employment, Tenant shall surrender his or her right to use and occupy these
premises within thirty (30) days.
3. RENT. The Tenant shall pay to Pitkin County as rent for the premises a total
sum of $900.00 per month.
3.1 In addition to rent, Tenant shall pay for all utilities, including but not limited to:
1
Pitkin County Facilities Management, 485 Rio Grande Place, Unit tot, Aspen, CO 8t6ii
97 - 539 6 , 970-920-5285 Fax or email: jodis @co.pitkin.co.us
PTTKIN COUNTY CONTRACC x o8-2010
Water, Telephone, Electric, Refuse Pickup, Gas, Cable and Sewer and must put a11 utilities in
his/her name within 5 days of occupying the premise.
3.2 Monthly rental payments shall be due and payable on or before the first
� of each month of the lease term in the form of a personal check, cashier's check or
money order. All rent due for the residence is to be delivered to the Pitkin Countv
Facilities. 485 Rio Grande Place #101, Aspen. Colorado 81611, at the date and time
specified above.
33 If Tenant makes any payment to Pitkin County by check which is later
dishonored for any reason, Pitkin County may, in addition to the other remedies available to it
hereunder, require that future rental payments be paid by cashier's check or certified funds.
Tenant agrees to pay Pitkin County $40.00 for each instance that a check given to Pitkin County
is dishonored. If Pitkin County receives more than one bad check from Tenant during the term
of this lease, Pitkin County, at its option, shall have the right to terminate this lease.
3.4 Pitkin County acknowledges that these premises are listed as deed resUicted
Category 3- One Bedroom at 900 squaze feet.
4. LATE CHARGES. Tenant shall be assessed a late charge of $25.00 if Tenant
has not Paid rent by the FIFTH (5` day of the month. In addition, a further late charge of
$5.00 per day will be assessed for every additional day it is late beyond the 5` day of the
month.
5. SECURITY DEPOSIT. Tenant has, on execution hereof, paid Pitkin County
$900.00 dollazs as security for the faithful performance of the terms, conditions and obligation
herein. Security deposits shall not be considered as pre-payment of any rent or for
payment of a last month's rent. This sum may be co-mingled by Pitkin County with other
funds to the extent allowed by law, and shall not be construed as being held in trust for the
Tenant. No interest shall be paid to Tenant on the security deposit. Pitkin County may apply
this deposit toward unpaid rent, damages, cleaning (at a charge of no less than $25.00 per hour
on cleaning and up to $300.00 for cleaning floors) or other expenses or obligations of or
chargeable to Tenant hereunder. Security deposit may also be applied to any unpaid
miscellaneous fees that were due from the Tenant when incurred. This security deposit shall
not be construed as liquidated damages and shall not impair or alter remedies otherwise
available to Pitkin County hereunder, or at law or in equity, including the right to proceed
against the Tenant for rent, damages or expenses not adequately covered by the security deposit.
In the event the Tenant unlawfully attempts to terminate this lease or abandons the premises,
Pitkin County, under the law, shall be entitled to retain the entire security deposit.
6. DEFAULT. Failure of Tenant to comply with any of the terms of this agreement or
perform any obligations hereunder shall constitute default.
6.1 In the event of failure by Tenant to perform any obligation hereunder, Pitkin
County shall deliver to Tenant notice in writing specifying such default. Tenant shall have
2
Pitkin County Facilities Management, 48g Rio Grande Place, IInit ioi, Aspen, CO 8i6ti
97o 970-920 Fau or email: jodis@co.pitkin.co.us
�
PTTHIN COUN'IY CON7'RACT a o8-zoio
thirty (30) days from the date of such notice (whether served by delivery or posting in
accordance with C.R.S. §13-40-108) to cure such default. In the event such default is not so
cured, Pitkin County may terminate this lease and pursue any remedies available to it by law.
6.2 In the event of default and failure to cure as described above, or if Tenant
abandons the premises, or should Tenant be evicted Pitkin County, in addition to any other
remedies available to it, may re-enter the premises and re-let the premises. Tenant shall remain
liable to Pitkin County for all rent, liabilities, expenses and other obligations hereunder for
which recovery is not made by Pitkin County through re-letting as provided in this
subparagraph.
6.3 The rights and remedies of Pitkin County provided for herein are in addition to
and not in exclusion of any other remedies available to Pitkin County at law or in equity.
7. PROPERTY MANAGEMENT DUTIES. Tenant shall be responsible for
maintaining residential grounds and premises in a good condition. Duties sha11 include, but not
be limited to: cutting grass, controlling weeds and watering vegetation to maintain a pleasing
landscape; trash/debris removal; and identifying necessary repairs and maintenance of premises.
Tenant shall collect bids for services or materials for necessary repairs. County shall pay for all
materials necessary for repair and maintenance of property with prior approval. In the event of
an emergency repair situation, the County waives the prior approval requirement and authorizes
Tenant to proceed with emergency repairs. Cost far snow removal shall be paid by the County.
8. PETS ON PREMISES. Tenant shall not be permitted to house any dogs or
cats, unless the animal is trained and certified to assist a handicapped or disabled tenant. Other
animals or birds of any kind shall not be taken into or kept on the premises without written
consent of Pitkin County Facilities Manager. Tenant shall be liable for the cost of repair of the
damages resulting or inflicted by an animal harbored or kept on the premises, whether or not
permission has been granted by Pitkin County. Violation of this provision shall constitute a
default by Tenant which shall be dealt with in accordance with the provisions of Paragraphs
5.1, 5.2 and 53 above. Additionally, Tenant will be assessed a fine of $25.00 per day until it is
proven to Pitkin County that the animal(s) is no longer on the premises.
9. USE OF PREMISES. Tenant agrees to use the premises for residential and
related purposes, and to use the premises for no purposes prohibited by the laws of the United
States, or the State of Colorado, or of the ordinances of Pitkin County.
9.1 Pitkin County reserves the right to change the use of the premises currenUy
designated for residential use, if applicable and deemed necessary for the public benefit. In the
event that the status of use of the premises is changed from residential to another use and this
lease expires or is othenvise terminated and Tenant is displaced due to a Government action,
tenant would not be allowed preference in the Housing Authority wait-list purchase or rental
process. Pitkin County shall notify Tenant sixty (60) days in advance of such change of use.
9.2 Pitkin County reserves the right to change the use of the balance of the property
not currently designated for residential use, which change of use may include construction,
3
Pitkin County Facilities Management, 48g Rio Grande Place, Unit ioi, Aspen, CQ Si6i1
970 97� Fvc or email: jodis@co.pitldn.w.us
PTTKIN COUN'I'Y CONTRACT x o8-2oio
demolition, landscaping, etc. Pitkin County shall notify Tenant thirty (30) days in advance of
such change of use of the balance of the property.
10. RENTER'S INSURANCE. Tenant agrees to purchase Renter's Insurance
sufficient to cover Tenant's personal and valuable effects. Tenant shall provide proof of such
insurance coverage to Pitkin County Facilities Manager within 30 days of occupancy.
11. CONDITION OF PREMISES. Tenant accepts the premises in their present
condition and state of repair without any warranties or representations by Pitkin County.
Tenant shall, at his own cost and expense, take good caze of the premises, including interior
walls, flooring, fixtures, windows, appliances and fiuniture, and shall at the expiration ar
sooner termination hereof deliver the same to Pitkin County in their present condition and state
of repair, reasonable wear and tear excepted. Tenant shall be responsible for any damage to the
premises or any portion thereof, caused by the acts or omissions of Tenant, ar Tenant's family,
agents or guests. Damages shall include but not be limited to, the following: heavy marks,
dents, bums or gouges in the walls, woodwork, counters, fireplace, cabinets, tile or woodwork,
floors, and those arising by virtue of misuse of appliances. In the event of such damage, Tenant
shall deliver immediate notice thereof to Pitkin County. Pitkin County may, at its sole option,
require Tenant to repair said damage at TenanYs own cost and expense, or Pitkin County may
repair such damage and chazge the expense thereof to Tenant as additional rent hereunder.
12. ENTRY AND INSPECTION. Pitkin County may at reasonable times and
upon 24 hours notice enter into the premises for purposes of inspection and repair. In addition,
Pitkin County may, at reasonable times and upon reasonable notice, show the premises to
prospective purchasers or other interested parties during the term hereo£ This right of
inspection shall not be construed to create any obligation upon Pitkin County for the
maintenance of premises.
13. ASSIGNMENT AND SUBLETTING. Tenant shall not assign, sublease,
mortgage, pledge or oYherwise hypothecate all or any part of this lease without the prior written
consent of Pitkin County Facilities Manager, which consent may be withheld or granted in
Pitkin County's sole and unqualified discretion. Tenant shall not receive rent or any other
payment of any kind or nature whatsoever from guests or other persons using the premises.
This restriction shall apply to any transaction which gives, or is intended to give, some person
or entiTy other than Tenant any right to use or possess the premises.
14. ALTERATION5. Tenant shall not make any alterations, additions,
improvements or repairs to the premises (other than ordinary maintenance) without the prior
written consent of Pitkin County Facilities Manager. Any alterations, additions or
improvements, when made or attached to the premises, shall belong to and becomes the
property of Pitkin County and shall be surrendered upon the expiration or sooner termination of
this lease. Notwithstanding the foregoing, Pitkin County may require Tenant to remove all or
any part of such alterations, additions or improvements as the condition existing at the
commencement hereof, ordinary wear and tear is excepted. Any alterations, improvements or
repairs shall be made in a sarisfactory and workmanlike manner. Tenant shal] not permit any
4
Pitldn County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO 8i6ii
470 97� Fax or email: jodis@co.pitkin.co.us
PITKIN COUNTY CONTRACI' # o8-zOio
lien or other encumbrance to be filed against the premises in connection therewith, and shall
indemnify Pitkin County against such liens and encumbrances.
14.1 Pitkin County may, at its sole discretion, request that the Tenant consider
making alterations or improvements to the property as a plan of an overall remodeling andJor
demolition project. If the Tenant agrees to conduct said work for the County, the Tenant and
Pitkin CounTy shall enter into a separate agreement far the work, which may include the
reduction of rental payments based upon the services performed.
15. TENANT'S PROPERTY REMA[NING ON PREMISES, In the
event the term of this lease expires or is otherwise terminated, or the premises are abandoned
hereunder, and Pitkin County enters into possession of the premises and there is within the
premises furniture, furnishings, fixtures, or other personal property of the Tenant, Pitkin County
shall have the right and option without liability to Tenant to (1) store such property in a
warehouse or other storage space provided by Pitkin County or others, with storage expenses to
be paid by Tenant, or (2) to cause such property to be sold at public or private sale with or
without notice to Tenant, at which sale Pitkin County may be purchaser, and to apply the
proceeds of such sale first to the reasonable incurred expenses of collection or sale and
thereafter on any indebtedness due by Tenant to Pitkin County, with any excess over the
amounts required for such purposes payable to Tenant, or (3) in the discretion of Pitkin County
should such property be deemed to be of small value, said property may be discazded or
destroyed.
16. REIMBURSEMENT. If Tenant shall fail to perform an obligation of this
lease, Pitkin County may, if Pitkin County so elects, perform such obligations and chazge the
expense thereof to Tenant as additional rent hereunder,
17. SEVERABLE. If any provision of this lease shall be declared invalid or
unenforceable, the remainder of the lease shall continue in full force and effect.
18 VERIFICATION AND DOCUMENTATION FOR TENANT,
OUALIFICATION Prior to occupancy and prior to completion of Lease Agreement, Tenant
may be requested to furnish to Pitkin County any verification necessary ar deemed appropriate by
Pitkin County to verify TenanPs employment for the purpose of Tenant qualifying for tenancy as
an employee in Pitkin County.
19. ATTORNEY'S FEES. In the even that this L,ease Agreement sha11 become
the subject of litigation, the Tenant and Pitkin County agree that the Court shall awazd the
prevailing reasonable attorney's fees as part of and cost to which said pariy becomes entitled to
recover under the Court's judgement.
20. CASUALTY. In case of fire or other casualty, Tenant shall give immediate
notice to Pitkin County. If the leased premises are not able to be lived in as a result of fire, the
elements or by any other cause not resulting from Tenant's neglect or default, the obligation to
pay rent shall cease until the demised premises shall be substantially repaired, whereupon the
5
Pitkin County Facilities Management, 48g Rio Grande Place, Unit ioi, Aspen, CO 8i6ii
970 970 Fax or email: jodis@co.pitkin.co.us
PTI'KIN COUN'lY CONTRACT n o82010
obligation to pay rent shall resume to the same extent and at the same rate as if the damage had
not occurred; however, the obligation to pay rent shall not cease nor shall any reduction in the
rental payment be made during the period that Tenant continues to reside in the premises. In no
event, however, shall the provisions of this clause become effective or be applicable if fire or
other casualty or damage shall be the result of carelessness, negligence or improper actions by
Tenant, licensees, invitees, subtenants, assignees or successors. In such case, the TenanYs
liability for the payment of rent and performance of all the covenants and conditions and terms
hereof on the TenanYs part to be performed shall continue and the Tenant shall be liable to
Pitkin County for the damage and loss suffered by Pitkin County, including all repairs and
rebuilding expenses.
21. CONDEMNATION. In the event that the premises are taken by an authority
exercising the power of eminent domain, this lease shall terminate as of the date possession
shall be taken by the condemnor. Tenant waives all claims against Pitkin County ar any
condemning authority by reason of the complete or partial taking of the premises, or the
remainder of the premises, and shall not be entitled to receive any part of any awazd that Pitkin
County may receive, hereby quitclaiming all interest therein to Pitkin Counfy, unless otherwise
prescribed by law.
22. HOLDING OVER. Upon the expiration or sooner termination hereof, Tenant
shall immediately and without notice from Pitkin County surrender possession of the premises
to Pitkin County. In the event Tenant does not so vacate the premises, his holding over shall
not be deemed a tenancy of any kind or nature whatsoever and Tenant shall be subject to
evicrion proceedings without further notice. For purposes of such proceedings, Tenant shall
pay the fair rental value of the premises for the period of such holding over. The Parties
stipulate that such rental shall be that charged for the most recent rent of this premises under
this lease. Payments made by Tenant to Pitkin County during such hold over shall be credited
against Tenant's obligation to pay the fair rental value of the premises, but shall not create any
rights in tenancy, of any kind or nature whatsoever, and Tenant shall remain subject to eviction
without further notice.
TenanYs occupancy shall be on the terms specified in the notice, plus such terms and conditions
of this lease that do not conflict with such notice, but there shall be no renewal of this lease by
operation of law.
23. SUBORDINATION. This lease is and shall remain subject and subordinate to
all mortgages or deeds of trust now or hereafter affecting the premises or the building in which
the premises are located. Although the subordination provision of this section shall be deemed
automatic, Tenant shail within five days after demand execute any and an instruments requested
by Pitkin County to evidence such subordination. Should Tenant fail to do so, Tenant hereby
inevocably appoints Pitkin County as Tenant's attorney-in-fact to execute those instruments for
and on behalf of Tenant.
24. INDEMNIFICATION. Tenant shall indemnify and hold Pitkin County
harmless from all claims, liabilities, and demands of any kind or nature whatsoever azising in
connection with TenanPs use and occupancy of the premises, and shall reimburse Pitkin County
6
Pitkin County Facilities Management, 485 Rio Grande Place, Unit ioi, Aspen, CO 8i6ii
970 97o-q2o-5285 Faac or email: jodis@co.pitkin.co.us
PITKIN COUN'17
CONTRACT x o8-2oio
for all costs and expenses, including reasonable attorney's fees incurred by Pitkin County by
virtue of such claims, demands or liability.
25. WAIVER. Failure of Pitkin County to declare any default immediately upon
occurrence thereof and any delay in taking any action in connection therewith shall not waive
such default, but Pitkin County shall have the right to declare any such default at any time.
26. NONDISCRIMINATION. Pitkin County shall not discriminate against any
tenant because of age, race, color, religion, sex, creed, marital status, public assistance status,
disability, handicap, nationality or ancestry.
27. MISCELLANEOUS. This lease may not be modified except in writing and
signed by the parties. This lease shall be binding upon the heirs, successors, and assigns of the
parties hereto. This lease shall be construed in accordance with the laws of the State of
Colorado; jurisdiction for any disputes hereunder shall be in the courts in and of Pitkin County
and the State of Colorado.
Dated this 26th day of March 2010.
TENANT:
_.
��_
�,. „ � _".�
Christopher Bull, Fleet Manager
Print Name
Home Phone: � '�` � ' �� � L `
Work Phone:
Drivers Lic:
S.S.#:
;�n`-`{ 33�25`� �
In case of Emergency, contact:
f�► ._FTi9L�l
Phone:
PITHIN COUNTY:
--.-��' — •
Jodi Smith, Facilities Manager
Pitkin County Public Works
970.920.5396 M-T 7-Spm
� � � �� 970.6183717 Ce1124/7
Request for repairs go to:
htto•//wo ko ders/xmweb
7
Pitkin County Facilities Management, q85 Rio Grande Place, Unit ioi, Aspen, W 8i6u
97 97 Fax or email: jodis@co.pitkin.co.us