HomeMy WebLinkAboutbocc.ord.011.2012 CONTRACT#OGO.OGI-04 2
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO APPROVING THE
LEASE AGREEMENTS WITH THE COMMUNITY NON-PROFIT LESSEES
AND AUTHORIZING THE CHAIRMAN TO EXECUTE LEASE AGREEMENTS
FOR SPACE LOCATED AT THE MICHAEL W SCHULTZ
HEALTH AND HUMAN SERVICES BUILDING
ORDINANCE# 0 /1 -2012
1. The Board of County Commissioners of Pitkin County (the "County") is the owner of the
premises known as the Michael W. Schultz Health and Human Services Building (MIS),
located at 405 Castle Creek Road, Aspen, Colorado, more fully described as Aspen Valley
Hospital Subdivision Lot 1 Parcel A.
2. The County has provided space as an in-kind contribution to local non-profit entities on a
yearly lease basis since 1992. The County desires to continue this practice with multi-year
lease agreements.
3. The County will continue to provide in-kind contributions to Community Non-Profit Lessees
as described below, for five year terms, approved in the Pitkin County budget process
expenditure to Health and Human Services within Pitkin County Facilities operations budget.
4. It is in the best interest of both the County and Community Non-Profit lessees,to set forth the
terms for the operation of the Non-Profit agencies on the Premises, subject to certain
agreements by the County and the Community Non-Profit lessees.
5. The terms of the lease are set forth, and the Chair(or Chair's designee) shall be authorized to
sign a lease as approved by the County Attorney.
6. The County supports the Community Non-Profit Lessees for uses that have been established
since 1992 and desires to continue such use by accommodating their space needs to the
greatest extent possible. Lessees are as follows:
a. Aspen Counseling Center - office space of approximately 2,049sf @$25.75sf for an
in-kind contribution of$52,762.00 annually for a term of 5-years.
b. Alpine Legal Services - office space of approximately 330sf @ $25.75sf for an in-
kind contribution of$8,498.00 annually for a term of 5-years.
c. Aspen Valley Medical Foundation office space of approximately 1,159sf @ $25.75sf
for an in-kind contribution of$29,844.00 annually for a term of 5-years.
d. Community Health Services office space of approximately 2,313sf @ $25.75sf for an
in-kind contribution of$59,560.00 annually for a term of 5-years.
Ordinance #-, 11/ -2012
Page 2
e. Grand Junction Federal Credit Union office space of approximately 266sf @ $25.75sf
for an in-kind contribution of$6,850.00 annually for a term of 5-years.
f. RESPONSE office space of approximately 649sf @ $25.75sf for an in-kind
contribution of$1 6,712.00 annually for a term of 5-years.
g. The Right Door office space of approximately 418sf @ $25.75sf for an in-kind
contribution of$10,764.00 annually for a term of 5-years.
h. Valley Partnership for Drug Prevention office space of approximately 243sf @
$25.75sf for an in-kind contribution of$6,257.00 annually for a term of 5-years.
i. YouthZone office space of approximately 103sf @ $25.75sf for an in-kind
contribution of$2,652.00 annually for a term of 5-years.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado, that the Board hereby approves the lease agreements with Community
Non-Profit Lessees and authorizes the Chairman or the Chair's designee to execute the lease
agreements in their present form or in a substantially similar form approved by the County
Attorney.
IN ODUCED, FIRST READ,AND SET FOR PUBLIC HEARING ON THE 1/ DAY OF
pp, 2012.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON -47-7 , 2012.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTE
FF
ON THE OIC I&L PITKIN COUNTY WEBSITE(www.aspenpitkin.com ) ON THE I3
DAY OF4P4/1 2012.
AD9OFTED AFTER FINAL READING AND PUBLIC HEARING ON THE r."6 DAY OF
/' r."6 A /6 2012.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE (O DAY OF 2012.
Ordinance #-v/( -2012
Page 3
ATTES)': BOARD OF COUNTY COMMISSIONERS
By ' .f .i%/ By: I 4/�.a#A
Jeanettk Jones Michael M. Owsley, Chairman
Depute County Clerk
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, Courffy A• +rney Jon Peacock,County Manager
Facilities Manager
01-li I N
CONTRACT 1/06,5-- i-
U
s
LEASE AGREEMENT BETWEEN
ASPEN COUNSELING CENTER
AND PITKIN COUNTY, COLORADO
Contract Number 065-12 Ledger Number 001.85.00540.84001
This lease agreement is made and entered into on the 1st day of January, 2012,by and
between Aspen Counseling Center, hereinafter referred to as"Lessee/Agency", and the County
of Pitkin in the State of Colorado hereinafter referred to as the "County/Lessor".
Whereas, Aspen Counseling Center desires to rent an office space in the Michael W. Schultz
Health and Human Services Building, (hereinafter referred to as the Schultz Health and Human
Services Building) 0405 Castle Creek Road, Aspen, CO, more fully described as Aspen Valley
Hospital Sub Lot: 1 Parcel A Health&Human Services Bldg, of approximately 2,049 square
feet for 2012 and years thereafter.
Now therefore, in consideration of the mutual covenants and promises contained herein, the
parties agree as follows:
1) Term and Renewal of Agreement: The County/Lessor hereby leases and demises for the
calendar year 2012 to Aspen Counseling Center the area designated as Suite 9 in the Schultz
Health and Human Services Building. Absent any termination for cause under paragraph 16
of this Agreement, this Agreement shall be for a period of five(5) years unless either party
elects to terminate this Agreement by serving a written notice to terminate this Agreement on
the other party no later than thirty(30) days.
2) No Waste or Damage Covenant: During the period of this lease agreement Aspen Counseling
Center shall maintain these offices in good shape and repair and return them to the
County/Lessor in substantially the same condition received normal wear excepted.
3) Damage to property: In the event of damage to the lessee's offices or to any part of the
building, the lessee will be responsible for all repair costs. Assessment of damage and
assignment of entity to provide the repair shall be the responsibility of Pitkin County
Facilities. Negotiation of remediation of each incident shall occur with Pitkin County
Facilities.
4) Payment: The rent is $25.75 per square ft. per year for the space rented by Aspen Counseling
Center, totaling$52,762.00; however,the County/Lessor shall provide an in-kind rent
contribution of$52,762.00 to Aspen Counseling Center.
1
5) 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.
6) Remodels To Premises: No remodeling or painting is to be done to premises without the
written consent of the County/Lessor. This includes any alterations to the walls and ceilings to
accommodate phone and data lines, cable service, electrical outlets and light fixtures.
Remodels will be done at the Lessee/Agency's cost unless the remodel is addressing a health
or safety issue. County/Lessor must approve any credit of cost of remodeling before work
commences.
7) Responsibilities:
1.The Facilities Department of the County/Lessor, is NOT responsible to move,build, haul,
repair or dispose of office furnishings (including but not limited to bookshelves, desks,
appliances, cabinets, etc.) owned by nonprofits leasing space within the county buildings. In
the event that the facilities staff is asked to move, re-build,build,haul,repair or dispose of
said office furnishings the nonprofit may be billed for work, including time,materials, travel
time and landfill fees. The Facilities Department will be responsible for moving the nonprofit
in the event that the County/Lessor has a need for the office space occupied by the nonprofit.
2. The Facilities Department is responsible for carpets,building repairs, capital upgrades,
heating/cooling, plumbing, and electrical (infrastructure), internal painting on a set schedule,
daily trash removal and common area cleaning. Requests for additions to the infrastructure
such as new or relocated outlets,moving cables, etc. shall be evaluated by the Facilities
Manager on a case by case basis. Lessee/Agencies will be asked to pay for upgrades.
8) Building Concerns and Complaints: All calls about the physical operation of the building
shall go directly to Jodi Smith,Facilities Manager at 920-5396. If unavailable send an email
to facilities maintenance countyAco.pitkin.co.us.
9) Non-Assignment: This lease agreement and the rights arising under it shall not be assigned
or transferred by Aspen Counseling Center.
10)Occupancy Requirement: Pitkin County leases space in the Schultz Health&Human
Services Building to non-profit agencies that help further the community's access to health&
human services. In order to best meet community needs,the County holds the right to cancel
any lease agreement with a tenant that does not occupy their space and actively provide
services to the community on an ongoing basis. Any lease for office space that is not
actively used over the period of three months will be reviewed and the lease may be revoked
by the County.
11)Binding.Effect: This lease agreement shall be binding upon the parties hereto, their respective
heirs, successors and assigns.
2
12)Covenant of Non-Interference: Aspen Counseling Center agrees to undertake its activities in
the leased premises in a manner,which will not interfere with other tenants, and activities in
the building.
13)Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no
additional charge.
14)Phones and data: Aspen Counseling Center shall provide its own phone service and Internet
connections.
15)Use of Photocopier: The County/Lessor shall supply an operating photocopying machine and
copying paper for the use of tenants at a cost of$.02 per copy. This will be billed quarterly.
16)Termination for Cause and Unsuitability: In the event that the Lessee/Agency shall default by
failing to perform, keep and observe any of the terms, covenants or conditions herein
contained on its part to be performed, as determined by the County, or the building or leased
premises become damaged or untenantable for any reason during the term hereof, the
County/Lessor shall have the right to declare this lease terminated and require Aspen
Counseling Center to vacate the premises, whereupon the parties shall have no further
obligations hereunder.
17)Indemnification
Lessee/Agency shall indemnify, hold harmless and, not excluding the County/Lessor 's
right to participate, defend the County/Lessor and its officers, officials, agents, and employees
(hereinafter referred to as "County/Lessor") from and against any and all liabilities, claims,
actions, damages, losses, or expenses including without limitation reasonable attorneys' fees and
costs, (hereinafter referred to as "claims") for bodily injury or personal injury including death, or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in
part, by the negligent or willful acts or omissions of Lessee/Agency or any of its officers,
directors, agents, employees or contractors, arising out of or related to Lessee/Agency's
occupancy and use of the Leased Premises. It is the specific intention of the parties that the
County/Lessor shall, in all instances, except for claims arising solely from the negligent or
willful acts or omissions of the County/Lessor, be indemnified by Lessee/Agency from and
against any and all claims. It is agreed that Lessee/Agency will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable. In
consideration for the use and occupancy of the Leased Premises, the Lessee/Agency agrees to
waive all rights of Subrogation against the County/Lessor, its officers, officials, agents and
employees for losses arising from the use, occupancy or condition of the Leased Premises.
18) Insurance
A. Lessee/Agency shall procure and maintain for the duration of the Lease, insurance
against claims for injury to persons or damage to property which may arise from or in connection
with this Lease.
The insurance requirements herein are minimum requirements for this Lease and in no way limit
3
the indemnity covenants contained in this Lease. The County/Lessor in no way warrants that the
minimum limits contained herein are sufficient to protect the Lessee/Agency from liabilities that
might arise out of this Lease. Lessee/Agency is free to purchase such additional insurance as
Lessee/Agency determines necessary.
Additionally, the clause "other insurance provisions," in a policy in which the County of Pitkin
holds a Certificate, shall not apply to the County of Pitkin. The insurance companies issuing the
policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy. Any and all deductibles in the above-
described insurance policies shall be assumed by and be for the amount of, and at the sole expense
of the Lessee/Agency.
The following insurance coverage, at or above the limits indicated and including such endorsements
as are indicated by an"X", are required:
(1)Commercial General Liability-ISO 1998 Form or equivalent
County named additional insured
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Fire Damage Expense or Legal Liability $1,000,000.00
Comprehensive Form(All risks)to include(place X by applicable provisions):
X Premises/Operations
Underground,Explosion&Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Jodi Smith, Facilities Manager
485 Rio Grande P1#101
Aspen, Colorado 81611
Fax (970) 920-5285
jodi.smith@co.pitkin.co.us
B. To provide evidence of the required insurance coverages, copies of Certificates of
Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor(through
the County/Lessor Representative)no later than ten(10)calendar days prior to commencement of
operations affecting the County/Lessor. Failure to file or maintain acceptable Certificates of
Insurance with the County/Lessor 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
4
mailing),has been sent to the County/Lessor(through the County/Lessor's Risk Department). (For
purposes of this provision, "materially altered" shall mean a change affecting the coverages required
herein, including a change to policy limits as set out in the then-current policy declarations page).
C. Certificates of Insurance for all renewal policies shall be delivered to the
County/Lessor's Representative at least fifteen(15)days prior to a policy's expiration date except
for any policy expiring on the expiration date of this Agreement or thereafter.
D. The County/Lessor reserves the right to request and receive a copy of any policy and
any policy endorsement.
19) Termination: 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.
20) Removal of Property: It shall be the responsibility of the Aspen Counseling Center at its own
sole cost and expense,within five days after the expiration of this Agreement,to remove office
equipment from the premises. Any equipment not removed within this period of time shall be
conclusively deemed to be abandoned by Aspen Counseling Center and shall become the
property of the County/Lessor.
21) Attorney's Fees: In the event legal action is necessary to enforce any of the provisions of this
Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees.
22) Grant Award Contingency: The Aspen Counseling Center acknowledges that occupancy of the
premises is contingent upon satisfactory and timely compliance with the terms,obligations and
provisions set forth in the Grant Award Agreement and that the parties' rights and obligations
pursuant to this Lease Agreement will terminate automatically upon termination or cancellation
of the Grant Award Agreement between Pitkin County and the Aspen Counseling Center.
Termination of this Lease Agreement shall occur upon thirty(30)days written notice to the
address set forth below. Upon termination of this Lease Agreement, Lessee/Agency shall
vacate the premises. Lessee/Agency shall be responsible to County/Lessor for the cost of
repairs,legal fees, advertising and any other costs incurred in preparing the premises for re-
renting.
23)Notice: Any written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (1)hand delivery to the person at the address below; (2)
delivery by facsimile with confirmation of receipt to the fax number below; or(3)within three
(3)days of being sent certified, first class mail,postage prepaid,return receipt requested
addressed as follows:
To Landlord: With a Copy To:
Board of County Commissioners of Pitkin County John M. Ely, Esq.
C/O Facilities Manager Pitkin County Attorney's Office
485 Rio Grande P1#101 530 East Main, Suite 302
Aspen, Colorado 81611 Aspen, Colorado 81611
5
To Lessee/Agency: Sharon Raggio,CEO
Aspen Counseling Center
0405 Castle Creek Rd., Suite 9
Aspen, Colorado 81611
Fax: (970)920-5557
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the latest date written below.
PITKIN COUNTY, COLORADO:
By 011 . _ _ • • A (O •1 , C2_,
Nancy N. Sundeen Date
Director of Health&Human Services,Pitkin County
By (Q -13 )L
Jodi Smith,Pitkin County Facilities Manager Date
ASPEN C• SELING CAI TER
I
By: �� !..�L
Sharon Raggio, CEO lb • Date
Colorado West Regional Mental Health Center, Inc.
Aspen Counseling Center office
6
MAY-15-2012 TUE 05:26 PM YOUTH ZONE GLENWOOD SPGS FAX NO. 9709458924 P. 02
�
�,�I N CONTRACT#06 D.Q.
CouN T'
LEASE AGREEMENT BETWEEN
YOUTHZONE
AND jPITKIN COUNTY, COLORADO
Contract Number 068-12 Ledger Number 001.85.00540.84011
This lease agreement is made and entered into on the 1st day of January, 2012,by and
between YouthZone, hereinafter Veferred to as"Lessee/Agency", and the County of Pitkin in the
State of Colorado hereinafter referred to as the "County/Lessor".
Whereas, YouthZone desires to rent an office space in the Michael W. Schultz Health and
Human Services Building, (hereinafter referred to as the Schultz Health and Human Services
Building) 0405 Castle Creek Road, Aspen, CO, more fully described as Aspen Valley Hospital
Sub Lot: 1 Parcel A Health&Human Services Bldg, of approximately 103 square feet for 2012.
and years thereafter.
Now therefore, in consideration oldie mutual covenants and promises contained herein, the
parties agree as follows:
1) Term and Renewal of Agreem km : The County/Lessor hereby leases and demises for the
calendar. year 2012 to YouthZc:}ne the area designated as the first office on the right within
Suite 8 in the Schultz Health and Human Services Building. Absent any termination for cause
under paragraph 16 of this Agreement, this Agreement shall be for a period of five(5)years
unless either party elects to terminate this Agreement by serving a written notice to terminate
this Agreement on the other puty no later than thirty(30) days.
2) No Waste or Damage Covena4t: During the period of this lease agreement YouthZone shall
maintain these offices in good shape and repair and return them to the County/Lessor in
substantially the same condition received normal wear excepted.
3) Damage to property: In the event of damage to the lessee's offices or to any part of the
building,the lessee will be responsible for all repair costs. Assessment of damage and
assignment of entity to provide the repair shall be the responsibility of Pitkin County
Facilities. Negotiation of remodiation of each incident shall occur with Pitkin.County
Facilities.
4) Payment: The rent is$25.75 per square ft. per year for the space rented by Aspen Counseling
Center,totaling $2,652,00; however,the County/Lessor shall provide an in-kind rent
contribution of $2,652.00 to YouthZone annually for 5-years_
MAY-15-2012 TUE 05:26 P11 YOUTH ZONE GLENWOOD SPGS FAX NO. 9709458924 P. 03
5) Governing Law: This lease agreement has been entered into in the State of, Colorado, and the
validity, interpretation and effect of this agreement shall be governed by the laws of the
State of Colorado.
6) Remodels To Premises: No remodeling or painting is to be done to premises without the
written consent of the County/:lessor. This includes any alterations to the walls and ceilings to
accommodate phone and data I:ines, cable service, electrical outlets and light fixtures.
Remodels will be done at the Lessee/Agency's cost unless the remodel is addressing a health
or safety issue. County/Lessor must approve any credit of cost of remodeling before work
commences.
7) Responsibilities:
1. The Facilities Department of the County/Lessor is NOT responsible to move,build, haul,
repair or dispose of office furnishings(including but not limited to bookshelves, desks,
appliances, cabinets, etc.) owned by nonprofits leasing space within the county buildings. In
the event that the facilities staif is asked to move, re-build, build, haul, repair or dispose of
said office furnishings the nonprofit may be billed for work, including time, materials, travel
time and landfill fees. The Facilities Department will be responsible for moving the non-profit
in the event that the County/Lessor has a need for the office space occupied by the non-profit.
2. The Facilities Department is:responsible for carpets, building repairs, capital upgrades,
heating/cooling, plumbing, awl electrical (infrastructure), internal painting on a set schedule,
daily trash removal and common area cleaning. Requests for additions to the infrastructure
such as new or relocated outlets, moving cables, etc. shall be evaluated by the Facilities
Manager on a case by case baicis. Lessee/Agencies will be asked to pay for upgrades.
8) Building Concerns and Complaints:Building Concerns and Complaints: All calls about the
physical operation of the building shall go directly to Jodi Smith, Facilities Manager at 920-
5396. If unavailable send an email to facilities maintenance cou.nty(aco.pitkin.co.us.
9) Non-Assignment: This lease agreement and the rights arising under it shall not be assigned
or transferred by YouthZone.
10)Occupancy Requirement: Pitkin County leases space in the Schultz Health&Human
Services Building to non-profit agencies that help further the community's access to health&
human services. In order to best meet community needs,the County holds the right to cancel
any lease agreement with a tenant that does not occupy their space and actively provide
services to the community on an ongoing basis. Any lease for office space that is not
actively used over the period of three months will be reviewed and the lease may be revoked
by the County.
11)Bindinsi:Effect: This lease agreement shall be binding upon the parties hereto, their
respective heirs, successors and assigns.
MAY-15-2012 TUE 05:26 PM YOUTH ZONE GLENWOOD SPGS FAX NO. 9709458924 P. 04
12)Covenant of Non-Interference: YouthZone agrees to undertake its activities in the leased
premises in a manner,which will not interfere with other tenants, and activities in the
building.
13)Utilities: The County/Lessor;hall supply heating and electricity to the leased premises at no
additional charge.
14)Phones and data: YouthZone shall provide its own phone service and Internet connections.
15)Use of Photocopier: The County/Lessor shall supply an operating photocopying machine and
copying paper for the use of tr.;nants at a cost of$.02 per copy. This will be billed quarterly.
16)Termination for Cause and.Upsuitability: In the event that the Lessee/Agency shall default by
failing to perform, keep and observe any of the terms, covenants or conditions herein
contained on its part to be performed, as determined by the County, or the building or leased
premises become damaged or untenantable for any reason during the term hereof, the
County/Lessor shall have the right to declare this lease terminated and require YouthZone to
vacate the premises, whereupon the parties shall have no further obligations hereunder.
17)Indemnification
Lessee/Agency shall indemnify, hold harmless and, not excluding the County/Lessor's
right to participate, defend the County/Lessor and its officers, officials, agents, and employees
(hereinafter referred to as "County/Lessor")from and against any and all liabilities, claims,
actions, damages, losses, or expenses including without limitation reasonable attorneys'fees and
costs, (hereinafter referred to as "claims") for bodily injury or personal injury including death, or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in
part, by the negligent or willful ai::ts or omissions of Lessee/Agency or any of its officers,
directors, agents, employees or contractors, arising out of or related to Lessee/Agency's
occupancy and use of the Leased Premises. It is the specific intention of the parties that the
County/Lessor shall, in all instances, except for claims arising solely from.the negligent or
willful acts or omissions of the County/Lessor, be indemnified by Lessee/Agency from and
against any and all claims. It is agreed that Lessee/Agency will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable. In
consideration for the use and occupancy of the Leased Premises, the Lessee/Agency agrees to
waive all rights of subrogation against the County/Lessor, its officers, officials, agents and
employees for losses arising from the use, occupancy or condition of the Leased Premises.
18) Insurance
A. Lessee/Agency shall procure and maintain for the duration of the Lease, insurance
against claims for injury to persons or damage to property which may arise from or in connection
with this Lease.
The insurance requirements herei a are minimum requirements for this Lease and in no way limit
the indemnity covenants contained in this Lease. The County/Lessor in no way warrants that the
minimum limits contained herein are sufficient to protect the Lessee/Agency from liabilities that
MAY-15-2012 TUE 05:26 PM YOUTH ZONE GLENWOOD SPGS FAX NO. 9709458924 P. 05
might arise out of this Lease. Lessee/Agency is free to purchase such additional insurance as
Lessee/Agency determines necesisary.
Additionally, the clause "other insurance provisions," in a policy in which the County of Pitkin
holds a Certificate, shall not apply to the County of Pitkin. The insurance companies issuing the
policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy. Any and all deductibles in the above-
described insurance policies shall be assumed by and be for the amount of, and at the sole expense
of the Lessee/Agency.
The following insurance coverage, at or above the limits indicated and including such endorsements
as are indicated by an "X", are required:
(1)Commercial General Liability-ISO 1998 Form or equivalent
County named additional insured
Each Occurrence Limit $L000,000.00
General Aggregate;-Limit $2,000.000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Fire Damage Expense or Legal Liability $1,000,000.00
Comprehensive Form(All risks)to include(place X by applicable provisions):
X Premises/Operations
U i iderground,Explosion&Collapse Hazard
X Products/Completed Operations
_X Cd;untractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Jodi Smith,Facilities Manager
485 Rio Grande P1#101
Aspen, Colorado 81611
Fax(970)920-5285
jodi.smith@co.pitkin..co.us
B. To provide evidence of the required insurance coverages, copies of Certificates of
Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor(through
the County/Lessor Representative)no later than ten(10)calendar days prior to commencement of
operations affecting the County/Lessor. Failure to file or maintain acceptable Certificates of
Insurance with the County/Lessor 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/Lessor(through the County/Lessor's Risk Department). (For
MAY-15-2012 TUE 05:27 PM YOUTH ZONE GLENWOOD SPGS FAX NO. 9709458924 P. 06
purposes of this provision, "materially altered" shall mean a change affecting the coverages required
herein,including a change to policy limits as set out in the then-current policy declarations page).
C. Certificates of Insurance for all renewal policies shall be delivered to the
County/Lessor's Representative at least fifteen(15)days prior to a policy's expiration date except
for any policy expiring on the ex.pi ration date of this Agreement or thereafter.
D_ The County/Lessor reserves the right to request and receive a copy of any policy and
any policy endorsement.
19) Termination: 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.
20)Removal of Property: It shall be the responsibility of the YoutbZone at its own sole cost and
expense, within five days after the expiration of this Agreement,to remove office equipment
from the premises. Any equipment not removed within this period of time shall be conclusively
deemed to be abandoned by YouthZone and shall become the property of the County/Lessor.
21) Attorney's Fees: In the event legal action is necessary to enforce any of the provisions of this
Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees.
22)Grant Award Contingency: The YouthZone acknowledges that occupancy of the premises is
contingent upon satisfactory and timely compliance with the terms, obligations and provisions
set forth in the Grant Award Agreement and that the parties' rights and obligations pursuant to
this Lease Agreement will terminate automatically upon termination or cancellation of the Grant
Award Agreement between Pitkin County and the YouthZone_ Termination of this Lease
Agreement shall occur upon thirty(30)days written notice to the address set forth below. Upon
termination of this Lease Agreement,Lessee/Agency shall vacate the premises. LesseeJAgency
shall be responsible to County/Lessor for the cost of repairs,legal fees, advertising and any
other costs incurred in preparing the premises for re-renting.
23)Notice: Any written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (1)hand delivery to the person at the address below; (2)
delivery by facsimile with conlinmation of receipt to the fax number below; or(3)within three
(3)days of being sent certified„ first class mail, postage prepaid, return receipt requested
addressed as follows:
To Landlord: With a Copy To:
Board of County Commissioners of Pitkin County John M. Ely, Esq.
C/O Facilities Manager Pitkin County Attorney's Office
485 Rio Grande Pl #101 530 East Main, Suite 302
Aspen, Colorado 81611 Aspen, Colorado 81611
MAY-15-2012 TUE 05:27 PM YOUTH ZONE GLENWOOD SPGS FAX NO. 9709458924 P. 07
To Lessee/Agency: Debbie Wilde,Director
Yoa.I.thZone
80:1 School Street
Glenwood Springs, CO 81602
• Fax (970)429-1448
IN WITNESS WHEREOF, thy., parties hereto have caused this Agreement to be executed as of
the latest date written below.
PITKLN COUNTY,COLORADO:
By VV)�c'�P (.c \L ) � .� 5 - 2 -
Nancy Sundeen \ Date
Director of.Health &Human.Services,Pitkin County
By . (4— )112___
Jodi Smith,Pitkin County Facilities Manager Date
YOUTHZONE
, By:
- • L, Iry 1 v-e.)liPate ar 15
YouthZonc
CONTRACT Mc; l VflisKIN
CoJNT
LEASE-AGREEMENT BETWEEN
ASPEN COUNSELING CENTER
AND PITKIN COUNTY,COLORADO
Contract Number 065-12 Ledger Number 001.85.00540.84001
This lease agreement is made and entered into on the 1st day of January,2012,by and
between Aspen Counseling Center,hereinafter referred to as"Lessee/Agency",and the County
of Pitkin in the State of Colorado hereinafter referred to as the"County/Lessor".
Whereas,Aspen Counseling Center desires to rent an office space in the Michael W.Schultz
- Health and Human Services Building,(hereinafter referred to as the Schultz Health and Human
Services Building)0405 Castle Creek Road,Aspen,CO,more fully described as Aspen Valley
Hospital Sub Lot: 1 Parcel A Health&Human Services Bldg,of approximately 2,049 square
feet for 2012 and years thereafter.
- Now therefore,in consideration of the mutual covenants and promises contained herein,the -
parties agree as follows:
1) Term and Renewal of Agreement The County/Lessor hereby leases and demises for the
calendar year 2012 to Aspen Counseling Center the area designated as Suite 9 in the Schultz
Health and Human Services Building. Absent any termination for cause under paragraph 16
of this Agreement,this Agreement shall be for a period of five(5)years unless either party
elects to terminate this Agreement by serving a written notice to terminate this A greement on
the other party no later than thirty(30)days.
2) No Waste or Damage Covenant: During the period of this lease agreement Aspen Counseling
Center shall maintain these offices in good shape and repair and return them to the
County/Lessor in substantially the same condition received normal wear excepted.
3) Damage to property In the event of damage to the lessee's offices or to any part of the
building,the lessee will be responsible for all repair costs. Assessment of damage and
assignment of entity to provide the repair shall be the responsibility of Pitkin County
Facilities. Negotiation of remediation of each incident shall occur with Pitkin County
Facilities.
4) Payment: The rent is$25.75 per square ft.per year for the space rented by Aspen Counseling
Center,totaling$52,762.00;however,the County/Lessor shall provide an in-kind rent
contribution of$52,762.00 to Aspen Counseling Center.
1
S) veming 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.
6) Remodels To Premises: No remodeling or painting is to be done to premises without the
written consent of the County/Lessor. This includes any alterations to the walls and ceilings to
accommodate phone and data lines,cable service,electrical outlets and light fixtures.
Remodels will be done at the Lessee/Agency's cost unless the remodel is addressing a health
or safety issue. County/Lessor must approve any credit of cost of remodeling before work
commences.
7) Responsibilities:
1.The Facilities Department of the County/Lessor, is NOT responsible to move,build,haul,
repair or dispose of office furnishings(including but not limited to bookshelves,desks,
appliances,cabinets,etc.)owned by nonprofits leasing space within the county buildings. In
the event that the facilities staff is asked to move,re-build,build,haul,repair or dispose of
said office furnishings the nonprofit maybe billed for work,including time,materials,travel
time and landfill fees. The Facilities Department will be responsible for moving the nonprofit
in the-event that the County/Lessor has a need for the office space occupied by the nonprofit.
2.The Facilities Department is responsible for carpets,building repairs,capital upgrades,
heating/cooling,plumbing,and electrical(infrastructure),internal painting on a set schedule,
daily trash removal and common area cleaning. Requests for additions to the infrastructure
such as new or relocated outlets,moving cables,etc.shall be evaluated by the Facilities
Manager on a case by case basis. Lessee/Agencies will be asked to pay for upgrades.
8) Building Concerns and Complaints:All calls about the physical operation of the building
shall go directly to Jodi Smith,Facilities Manager at 920-5396. If unavailable send an email
to facilities maintenance countyeco.pitkin.co.us.
9) Non-Assignment: This lease agreement and the rights arising under it shall not be assigned
or transferred by Aspen Counseling Center.
10)Occupancy Requirement: Pitkin County leases space in the Schultz Health&Human
Services Building to non-profit agencies that help further the community's access to health&
human services. In order to best meet community needs,the County holds the right to cancel
any lease agreement with a tenant that does not occupy their space and actively provide
services to the community on an ongoing basis. Any lease for office space that is not ,
actively used over the period of three months will be reviewed and the lease may be revoked
by the County.
11)Binding Effect: This lease agreement shall be binding upon the parties hereto,their respective
heirs,successors and assigns.
2
12)Covenant of Non-Interference:Aspen Counseling Center agrees to undertake its activities in
the leased premises in a manner,which will not interfere with other tenants,and activities in
the building.
13)Utilities:The County/Lessor shall supply heating and electricity to the leased premises at no
additional charge.
14)Phones and data: Aspen Counseling Center shall provide its own phone service and Internet
connections.
15)Use of Photocopier:The County/Lessor shall supply an operating photocopying machine and
copying paper for the use of tenants at a cost of$.02 per copy.This will be billed quarterly.
16)Termination for Cause and Unsuitability:In the event that the Lessee/Agency shall default by
failing to perform, keep and observe any of the tents, covenants or conditions herein
contained on its part to be performed,as determined by the County,or the building or teased
premises become damaged or untenantable for any reason during the term hereof,-the
County/Lessor shall have the right to declare this lease terminated and require Aspen
Counseling Center to vacate the premises, whereupon the parties shall have no further
obligations hereunder. -
17)Indemnification -
Lessee/Agency shall indemnify, hold harmless and, not excluding the County/Lessor 's
right to participate, defend the County/Lessor and its officers, officials, agents, and employees
(hereinafter referred to as "County/Lessor") from and against any and all liabilities, claims,
actions,damages, losses,or expenses including without limitation reasonable attorneys'fees and
costs,(hereinafter referred to as"claims")for bodily injury or personal injury including death,or
loss or damage to tangible or intangible property caused,or alleged to be caused, in whole or in
part, by the negligent or willful acts or omissions of Lessee/Agency or any of its officers,
directors, agents, employees or contractors, arising out of or related to Lessee/Agency's
occupancy and use of the Leased Premises. It is the specific intention of the parties that the
County/Lessor shall, in all instances, except for claims arising solely from the negligent or
willful acts or omissions of the County/Lessor, be indemnified by Lessee/Agency from and
against any and all claims. It is agreed that Lessee/Agency will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable. In
consideration for the use and occupancy of the Leased Premises, the Lessee/Agency agrees to
waive all rights of subrogation against the County/Lessor, its officers, officials, agents and
employees for losses arising from the use,occupancy or condition of the Leased Premises.
18) Insurance
A. Lessee/Agency shall procure and maintain for the duration of the Lease,insurance
against claims for injury to persons or damage to property which may arise from or in connection
with this Lease.
The insurance requirements herein are minimum requirements for this Lease and in no way limit
•
3
•
the indemnity covenants contained in this Lease. The County/Lessor in no way warrants that the
minimum limits contained herein are sufficient to protect the Lessee/Agency from liabilities that
might arise out of this Lease. Lessee/Agency is free to purchase such additional insurance as
Lessee/Agency determines necessary.
Additionally, the clause "other insurance provisions," in a policy in which the County of Pitkin
holds a Certificate, shall not apply to the County of Pitkin. The insurance companies issuing the
policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy. Any and all deductibles in the above-
described insurance policies shall be assumed by and be for the amount of,and at the sole expense
of the Lessee/Agency.
The following insurance coverage,at or above the limits indicated and including such endorsements
as are indicated by an"X",are required:
(I)Commercial General Liability-ISO 1998 Form or equivalent
County named additional insured
Each Occurrence Limit $1.000.000.00
_ General Aggregate Limit $2.000,000.00
Products/Completed Operations Aggregate Limit 82.000.000.00
Fire Damage Expense or Legal Liability 81.000.000.00
Comprehensive Form(AIl risks)to include(place X by applicable provisions):
X Premises/Operations
Underground,Explosion&Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Jodi Smith,Facilities Manager
485 Rio Grande P1#101
Aspen,Colorado 81611
Fax(970)920-5285
jodi.smith@co.pitkin.co.us
B. To provide evidence of the required insurance coverages,copies of Certificates of
Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor(through
the County/Lessor Representative)no later than ten(10)calendar days prior to commencement of
operations affecting the County/Lessor. Failure to file or maintain acceptable Certificates of
Insurance with the County/Lessor 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
4
•
mailing),has been sent to the County/Lessor(through the County/Lessor's Risk Department). (For
purposes of this provision,"materially altered"shall mean a change affecting the coverages required
herein,including a change to policy limits as set out in the then-current policy declarations page).
C. Certificates of Insurance for all renewal policies shall be delivered to the
County/Lessor's Representative at least fifteen(15)days prior to a policy's expiration date except
for any policy expiring on the expiration date of this Agreement or thereafter.
D. The County/Lessor reserves the right to request and receive a copy of any policy and
any policy endorsement.
19) Termination: 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.
20) Removal of Property: It shall be the responsibility of the Aspen Counseling Center at its own
sole cost and expense,within five days after the expiration of this Agreement,to remove office
equipment from the premises. Any equipment not removed within this period of time shall be
conclusively deemed to be abandoned by Aspen Counseling Center and shall become the
property of the County/Lessor. -
21) Attorney's Fees: In the event legal action is necessary to enforce any of the provisions of this
Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees.
22) Grant Award Contingency:The Aspen Counseling Center acknowledges that occupancy of the
premises is contingent upon satisfactory and timely compliance with the terms,obligations and
provisions set forth in the Grant Award Agreement and that the parties'rights and obligations
pursuant to this Lease Agreement will terminate automatically upon termination or cancellation
of the Grant Award Agreement between Pitkin County and the Aspen Counseling Center.
Termination of this Lease Agreement shall occur upon thirty(30)days written notice to the
address set forth below. Upon termination of this Lease Agreement,Lessee/Agency shall
vacate the premises. Lessee/Agency shall be responsible to County/Isor for the cost of
repairs,legal fees,advertising and any other costs incurred in preparing the premises for re-
renting.
23)Notice: Any written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (1)hand delivery to the person at the address below;(2)
delivery by facsimile with confirmation of receipt to the fax number below;or(3)within three
•
(3)days of being sent certified,first class mail,postage prepaid,return receipt requested
addressed as follows:
To Landlord: With a Copy To:
Board of County Commissioners of Pitkin County John M.Ely,Esq.
C/O Facilities Manager Pitkin County Attorney's Office
485 Rio Grande PI#101 530 East Main,Suite 302
Aspen,Colorado 81611 Aspen,Colorado 81611
5
_ •a•••••■,•••,-•••••,,,•••,••.,....••■•*••••••4••••,*,.
•
To LesseeiAltenev: Sharon Raggio,CEO
Aspen Counseling Center
0405 Castle Creek Rd..Suite 9
Aspen,Colorado 81.611
Fax: (970)920-5557
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed• as of
the latest date wtitten below.
PITKIN COUNTY,COLORADO:
Nancy It Sundeen Date
Director of Health&Human Services,Pitkin county
)bdi Smith,Pitkin County Facilities Manager Date
ASPEN COM.ELING
By: fa* /
Sharon Raggio,CEO Date
Colorado West teeonall*ntal Health Center,Inc.
Aspen Courts-0E0g Center office
6
A`,°R°r CERTIFICATE OF LIABILITY INSURANCE to/18/20,2 0'10/1 2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WANED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Lockton Companies,LLC Denver CONTACT
8110 E.Union Avenue r.,$E I FAx
Suite 700 No,Exit WC,No):
Denver 80237 ADDRESS:
(303)414-6000 INSURERISI AFFORDING COVERAGE _ Nile*
INSURER A: Lloyds of London _
INSURED Colorado West Regional Mental Health,Inc. INSURER B: The Travelers Indemnity Company 25658
1321975 PO Box 40 INSURER C: T7a�mlers Property Casooky Co of America 25674
Glenwood Springs,CO 81602 -
INSURER 0:
INSURER E:
.INSURER F:
COVERAGES COLWE03 EB CERTIFICATE NUMBER: 10701752 REVISION NUMBER: XX XXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
}INTRR TYPE OF INSURANCE yyyD POLICY NUMBER POLICY EFF PO CYFJCP
LIMITS
A GENERAL.LIABILITY N N W110F5100201 10/18/2011 10/18/2/2011220 EACH OCCURRENCE $ 1.000,000
A X COMMERCIAL GENERAL LIABILITY Retro Date GL 10/18/2009 A�E 70 RENTED
REMISES(Ea occurrence) S 50,000
X I CLAIMS-MADE 0 OCCUR MED EXP(Any one person)_ $ 5,000
PERSONAL 8 ADV INJURY $ Included
—
GENERAL AGGREGATE s 6,000.000
GEN'L AGGREGATE LIMIT APPLIES PER: • PRODUCTS-COMP/OP AGG $ XXX3 CX _
POLICY 1-1 JECT LOC $
B AUTOMOBILE LIABILITY N N BA-7A398706-IND-11 10/I8/2011 10/18/2012 (CE 11746E LIMIT S 1,000,000
X ANY AUTO BODILY INJURY(Per person) S XXXXXXX
ALUL OWNED SCHEDULED BODILY INJURY(Per accident;S)(XXXXXX
X HIRED AUTOS X IAJUU OWNED PROPER DAMAGE $� r -
_ $XXXXXXX _
UMBRELLA LIAB OCCUR EACH OCCURRENCE $)000000C
EXCESS IIB CLAIMS-MADE NOT APPLICABLE AGGREGATE $XXXXXXX
DED I I RETENTION$ S
WORKERS COMPENSATION �y�C STANT�l. 0TH-
AND EMPLOYERS'LIABILITY YIN NOT APPLICABLE IrORY LIMnS I I ER
ANY PROPRIEYOR+PARTNEREEXECUi11.E f-1 N I A EL.EACRACCIceNr $ {XXX7
OFFICERMEMBER EXCLUDED? I 1 XXXXXXX
N4 T',�Wvw�vv
HYn d,.o5e under EL.DISEASB-FA EMPLOYEE $1�iV�VMV-VAXtXr
DESCRIPTION OF OPERATIONS below F L.DISEASE-POLICY UM1T t XXXXXXX
A PtatLiab. N N W110F5100201 10/18/2011 10/18/2012 SIM per Incident
Retro Date:10/18/7007 S3M Awe
Claims Made SO Deductible
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES,(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Property coverage-Insurer C. $17,762,955 Buildings;$3,451,524 BPP;$23,266,000 BIEE;$1,524,303 EDP;RC$2,500 Deductible.
•
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
10701752 AUTHORIZED REPRESENTATIVE
'For Information Only'
( 4ks 0 C
ACORD 25(2010/05) 01988 C426eVeS 0 ACORD CORPO TION.All rights reserved
The ACORD name and logo are registered marks of ACORD
r CONTRACT#Q4 2 z-
COU T
L
LEASE AGREEMENT BETWEEN
GRAND JUNCTION FEDERAL CREDIT UNION
AND PITKIN COUNTY, COLORADO
Contract Number 061-12 Ledger Number 001.85.00540.84025
This lease agreement is made and entered into on the 1st day of January, 2012, by and
between Grand Junction Federal Credit Union,hereinafter referred to as "Lessee/Agency", and
the County of Pitkin in the State of Colorado hereinafter referred to as the "County/Lessor".
Whereas, Grand Junction Federal Credit Union desires to rent an office space in the Michael W.
Schultz Health and Human Services Building, (hereinafter referred to as the Schultz Health and
Human Services Building) 0405 Castle Creek Road,Aspen, CO,more fully described as Aspen
Valley Hospital Sub Lot: 1 Parcel A Health&Human Services Bldg, of approximately 266
square feet for 2012 and years thereafter.
Now therefore, in consideration of the mutual covenants and promises contained herein,the
parties agree as follows:
1) Term and Renewal of Agreement: The County/Lessor hereby leases and demises for the
calendar year 2012 to Grand Junction Federal Credit Union the area designated as Suite 2 in
the Schultz Health and Human Services Building. Absent any termination for cause under
paragraph 16 of this Agreement,this Agreement shall be for a period of five(5)years unless
either party elects to terminate this Agreement by serving a written notice to terminate this
Agreement on the other party no later than thirty(30)days.
2) No Waste or Damage Covenant: During the period of this lease agreement Grand Junction
Federal Credit Union shall maintain these offices in good shape and repair and return them to
the County/Lessor in substantially the same condition received normal wear excepted.
3) Damage to property: In the event of damage to the lessee's offices or to any part of the
building,the lessee will be responsible for all repair costs. Assessment of damage and
assignment of entity to provide the repair shall be the responsibility of Pitkin County
Facilities. Negotiation of remediation of each incident shall occur with Pitkin County
Facilities.
4) Payment: The rent for 2012 is $25.75 per square ft.per year for the space rented by Grand
Junction Federal Credit Union,totaling $6,850.00; however, the County/Lessor shall provide
an in-kind rent contribution of$6,850.00 to Grand Junction Federal Credit Union.
1
5) 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.
6) Remodels To Premises: No remodeling or painting is to be done to premises without the
written consent of the County/Lessor. This includes any alterations to the walls and ceilings to
accommodate phone and data lines, cable service, electrical outlets and light fixtures.
Remodels will be done at the Lessee/Agency's cost unless the remodel is addressing a health
or safety issue. County/Lessor must approve any credit of cost of remodeling before work
commences.
7) Responsibilities:
1. The Facilities Department of the County/Lessor is NOT responsible to move, build, haul,
repair or dispose of office furnishings (including but not limited to bookshelves, desks,
appliances, cabinets, etc.) owned by nonprofits leasing space within the county buildings. In
the event that the facilities staff is asked to move, re-build, build,haul,repair or dispose of
said office furnishings the nonprofit may be billed for work, including time, materials,travel
time and landfill fees. The Facilities Department will be responsible for moving the nonprofit
in the event that the County/Lessor has a need for the office space occupied by the nonprofit.
2. The Facilities Department is responsible for carpets, building repairs, capital upgrades,
heating/cooling,plumbing, and electrical (infrastructure), internal painting on a set schedule,
daily trash removal and common area cleaning. Requests for additions to the infrastructure
such as new or relocated outlets, moving cables, etc. shall be evaluated by the Facilities
Manager on a case by case basis. Lessee/Agencies will be asked to pay for upgrades.
8) Building Concerns and Complaints: All calls about the physical operation of the building
shall go directly to Jodi Smith,Facilities Manager at 920-5396. If unavailable send an email
to facilities maintenance county(a,co.pitkin.co.us.
9) Non-Assignment: This lease agreement and the rights arising under it shall not be assigned
or transferred by Grand Junction Federal Credit Union.
10)Occupancy Requirement: Pitkin County leases space in the Schultz Health&Human
Services Building to non-profit agencies that help further the community's access to health&
human services. In order to best meet community needs,the County holds the right to cancel
any lease agreement with a tenant that does not occupy their space and actively provide
services to the community on an ongoing basis. Any lease for office space that is not
actively used over the period of three months will be reviewed and the lease may be revoked
by the County.
11)Binding Effect: This lease agreement shall be binding upon the parties hereto,their
respective heirs, successors and assigns.
2
12)Covenant of Non-Interference: Grand Junction Federal Credit Union agrees to undertake its
activities in the leased premises in a manner, which will not interfere with other tenants, and
activities in the building.
13)Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no
additional charge.
14)Phones and data: Grand Junction Federal Credit Union shall provide its own phone service
and Internet connections.
15)Use of Photocopier: The County/Lessor shall supply an operating photocopying machine and
copying paper for the use of tenants at a cost of$.02 per copy. This will be billed quarterly.
16)Termination for Cause and Unsuitability: In the event that the Lessee/Agency shall default by
failing to perform, keep and observe any of the terms, covenants or conditions herein
contained on its part to be performed, as determined by the County, or the building or leased
premises become damaged or untenantable for any reason during the term hereof,the
County/Lessor shall have the right to declare this lease terminated and require Grand
Junction Federal Credit Union to vacate the premises,whereupon the parties shall have no
further obligations hereunder.
17)Indemnification
Lessee/Agency shall indemnify,hold harmless and, not excluding the County/Lessor's
right to participate, defend the County/Lessor and its officers, officials, agents, and employees
(hereinafter referred to as "County/Lessor") from and against any and all liabilities, claims,
actions, damages, losses, or expenses including without limitation reasonable attorneys' fees and
costs, (hereinafter referred to as"claims") for bodily injury or personal injury including death, or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in
part, by the negligent or willful acts or omissions of Lessee/Agency or any of its officers,
directors, agents, employees or contractors, arising out of or related to Lessee/Agency's
occupancy and use of the Leased Premises. It is the specific intention of the parties that the
County/Lessor shall, in all instances, except for claims arising solely from the negligent or
willful acts or omissions of the County/Lessor, be indemnified by Lessee/Agency from and
against any and all claims. It is agreed that Lessee/Agency will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable. In
consideration for the use and occupancy of the Leased Premises,the Lessee/Agency agrees to
waive all rights of subrogation against the County/Lessor, its officers, officials, agents and
employees for losses arising from the use, occupancy or condition of the Leased Premises.
18) Insurance
A. Lessee/Agency shall procure and maintain for the duration of the Lease, insurance
against claims for injury to persons or damage to property which may arise from or in connection
with this Lease.
The insurance requirements herein are minimum requirements for this Lease and in no way limit
3
the indemnity covenants contained in this Lease. The County/Lessor in no way warrants that the
minimum limits contained herein are sufficient to protect the Lessee/Agency from liabilities that
might arise out of this Lease. Lessee/Agency is free to purchase such additional insurance as
Lessee/Agency determines necessary.
Additionally, the clause "other insurance provisions," in a policy in which the County of Pitkin
holds a Certificate, shall not apply to the County of Pitkin. The insurance companies issuing the
policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy. Any and all deductibles in the above-
described insurance policies shall be assumed by and be for the amount of, and at the sole expense
of the Lessee/Agency.
The following insurance coverage,at or above the limits indicated and including such endorsements
as are indicated by an"X",are required:
(1)Commercial General Liability-ISO 1998 Form or equivalent
County named additional insured
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Fire Damage Expense or Legal Liability $1,000,000.00
Comprehensive Form(All risks)to include(place X by applicable provisions):
X Premises/Operations
Underground,Explosion&Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Jodi Smith, Facilities Manager
485 Rio Grande P1#101
Aspen, Colorado 81611
Fax (970) 920-5285
jodi.smith@co.pitkin.co.us
B. To provide evidence of the required insurance coverages,copies of Certificates of ,
Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor(through
the County/Lessor Representative)no later than ten(10)calendar days prior to commencement of
operations affecting the County/Lessor. Failure to file or maintain acceptable Certificates of
Insurance with the County/Lessor 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
4
•
mailing),has been sent to the County/Lessor(through the County/Lessor's Risk Department). (For
purposes of this provision, "materially altered" shall mean a change affecting the coverages required
herein, including a change to policy limits as set out in the then-current policy declarations page).
C. Certificates of Insurance for all renewal policies shall be delivered to the
County/Lessor's Representative at least fifteen(15)days prior to a policy's expiration date except
for any policy expiring on the expiration date of this Agreement or thereafter.
D. The County/Lessor reserves the right to request and receive a copy of any policy and
any policy endorsement.
18)Termination: 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.
20)Removal of Property: It shall be the responsibility of the Grand Junction Federal Credit Union
at its own sole cost and expense,within five days after the expiration of this Agreement,to
remove office equipment from the premises. Any equipment not removed within this period of
time shall be conclusively deemed to be abandoned by Grand Junction Federal Credit Union
and shall become the property of the County/Lessor.
21)Attorney's Fees: In the event legal action is necessary to enforce any of the provisions of this
Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees.
22)Grant Award Contingency: The Grand Junction Federal Credit Union acknowledges that
occupancy of the premises is contingent upon satisfactory and timely compliance with the
terms,obligations and provisions set forth in the Grant Award Agreement and that the parties'
rights and obligations pursuant to this Lease Agreement will terminate automatically upon
termination or cancellation of the Grant Award Agreement between Pitkin County and the
Grand Junction Federal Credit Union. Termination of this Lease Agreement shall occur upon
thirty(30)days written notice to the address set forth below. Upon termination of this Lease
Agreement,Lessee/Agency shall vacate the premises. Lessee/Agency shall be responsible to
County/Lessor for the cost of repairs,legal fees,advertising and any other costs incurred in
preparing the premises for re-renting.
23)Notice: Any written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (1)hand delivery to the person at the address below; (2)
delivery by facsimile with confirmation of receipt to the fax number below;or(3)within three
(3)days of being sent certified, first class mail,postage prepaid,return receipt requested
addressed as follows:
To Landlord: With a Copy To:
Board of County Commissioners of Pitkin County John M. Ely,Esq.
C/O Facilities Manager Pitkin County Attorney's Office
485 Rio Grande P1#101 530 East Main, Suite 302
Aspen, Colorado 81611 Aspen, Colorado 81611
5
To Lessee/Agency: Judy Stratten, CEO
Grand Junction Federal Credit Union
10 Main Street
Grand Junction,CO 81501
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the latest date written below.
PIT COUNTY, COLORADO:
By CLAA.
Nancy N. Sundeen Date
Director of Health&Human Services,Pitkin County
By
Jodi Smith,Pitkin County Facilities Manager Date
'_• _'_ J TIOp, DE' • L CREDIT UNION
Jud 'tratten I Date
Grand Junction Federal Credit Union
6
CONTRACT#J62/'/-
'UK IN
Lid
•
LEASE AGREEMENT BETWEEN
ASPEN VALLEY MEDICAL FOUNDATION
AND PITKIN COUNTY, COLORADO
Contract Number 067-12 Ledger Number 001.85.00540.84249
This lease agreement is made and entered into on the 1st day of January, 2012,by and
between Aspen Valley Medical Foundation,hereinafter referred to as"Lessee/Agency", and the
County of Pitkin in the State of Colorado hereinafter referred to as the "County/Lessor".
Whereas,Aspen Valley Medical Foundation desires to rent an office space in the Michael W.
Schultz Health and Human Services Building, (hereinafter referred to as the Schultz Health and
Human Services Building) 0405 Castle Creek Road,Aspen, CO,more fully described as Aspen
Valley Hospital Sub Lot: 1 Parcel A Health& Human Services Bldg, of approximately 1,159
square feet for 2012 and years thereafter.
Now therefore, in consideration of the mutual covenants and promises contained herein, the
parties agree as follows:
1) Term and Renewal of Agreement: The County/Lessor hereby leases and demises for the
calendar year 2012 to Aspen Valley Medical Foundation the area designated as Suite 14 in the
Schultz Health and Human Services Building. Absent any termination for cause under
paragraph 16 of this Agreement, this Agreement shall be for a period of five(5)years unless
either party elects to terminate this Agreement by serving a written notice to terminate this
Agreement on the other party no later than thirty(30)days.
2) No Waste or Damage Covenant: During the period of this lease agreement Aspen Valley
Medical Foundation shall maintain these offices in good shape and repair and return them to
the County/Lessor in substantially the same condition received normal wear excepted.
3) Damage to property: In the event of damage to the lessee's offices or to any part of the
building,the lessee will be responsible for all repair costs. Assessment of damage and
assignment of entity to provide the repair shall be the responsibility of Pitkin County Facilities.
Negotiation of remediation of each incident shall occur with Pitkin County Facilities.
1
4) Payment: The rent is $25.75 per square ft. per year for the spaces rented by Aspen Valley
Medical Foundation$29,844.00 annually for a term of 5-years; however, the County/Lessor
shall provide an in-kind rent contribution of$29,844.00 to Aspen Valley Medical Foundation.
5) 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.
6) Remodels To Premises: No remodeling or painting is to be done to premises without the
written consent of the County/Lessor. This includes any alterations to the walls and ceilings to
accommodate phone and data lines, cable service, electrical outlets and light fixtures.
Remodels will be done at the Lessee/Agency's cost unless the remodel is addressing a health
or safety issue. County/Lessor must approve any credit of cost of remodeling before work
commences.
7) Responsibilities:
1.The Facilities Department of the County/Lessor, is NOT responsible to move,build,haul,
repair or dispose of office furnishings (including but not limited to bookshelves, desks,
appliances, cabinets, etc.) owned by nonprofits leasing space within the county buildings. In
the event that the facilities staff is asked to move,re-build, build, haul,repair or dispose of
said office furnishings the nonprofit may be billed for work, including time,materials,travel
time and landfill fees. The Facilities Department will be responsible for moving the nonprofit
in the event that the County/Lessor has a need for the office space occupied by the nonprofit.
2. The Facilities Department is responsible for carpets, building repairs, capital upgrades,
heating/cooling,plumbing, and electrical (infrastructure), internal painting on a set schedule,
daily trash removal and common area cleaning. Requests for additions to the infrastructure
such as new or relocated outlets, moving cables, etc. shall be evaluated by the Facilities
Manager on a case by case basis. Lessee/Agencies will be asked to pay for upgrades.
3. Additional responsibilities for the Aspen Homeless Shelter(AHS)space:
I. The Aspen Homeless Shelter(AHS) is responsible for the following:
a) Daily cleaning of the Day Center, including the kitchen area.
b) Daily cleaning of the Day Center restroom.
c) Food must be put away daily; in secure containers to avoid mouse &bug issues.
d) Food Service is limited to restrictions as provided by Environmental Health.
e) Guests are allowed access to building lobby upon opening. When the Day Center/Shelter
opens at 10:00 a.m.,guests are to stay in the Day Center during Center hours.
f) AHS staff and volunteers are allowed access to building 1/2 hr before business and
shall exit the building upon Evening Program closure(no after hours use). Exception:
Shelter Director and/or Management staff.
g) Washer and Dryer are provided and maintained by AHS; are not the responsibility of
County staff.
h) AHS shall provide cleaning supplies and a vacuum cleaner and maintain such
equipment in a safe manner.
2
i) AHS is responsible for cleaning furniture coverings, in an attempt to keep the room
clean and fresh.
j) If the Day Center is to be used outside of operating hours the Facilities Department
shall be notified within 48hrs to allow door schedule changes and notification to staff
and security services.
k) The Day Center staff agrees to escort agency clients who need to access the restrooms
in the main part of the building at all times. Also,the Day Center staff will not allow
people access to the main part of the building after hours.
II. The Facilities Department is responsible for:
a) Snow removal
b) Bi-annual carpet cleaning and spot cleaning as needed
c) Building repairs—doors, windows, noises,holes,pest control, etc.
d) Capital upgrades—painting,patching holes, carpet replacement,windows, etc.
e) Heating/cooling issues
f) Plumbing—clogs, drains, back-ups, leaks, fixtures, etc.
g) Electrical—outlets,moving cables, computer connections
h) Daily trash removal from Day Center, kitchen and bathrooms
i) Vacuuming Office spaces outside of Day Center room and kitchen
j) Daily cleaning of hallways, and entryways
k) Requests for additions to the infrastructure such as new or relocated outlets, moving
cables, etc. shall be evaluated by the Facilities Manager on a case by case basis.
8) Building Concerns and Complaints: All calls about the physical operation of the building
shall go directly to Jodi Smith, Facilities Manager at 920-5396. If unavailable send an email
to facilities_maintenance_county @co.pitkin.co.us.
9) Non-Assignment: This lease agreement and the rights arising under it shall not be assigned
or transferred by Aspen Valley Medical Foundation.
10)Occupancy Requirement: Pitkin County leases space in the Schultz Health&Human
Services Building to non-profit agencies that help further the community's access to health &
human services. In order to best meet community needs, the County holds the right to cancel
any lease agreement with a tenant that does not occupy their space and actively provide
services to the community on an ongoing basis. Any lease for office space that is not
actively used over the period of three months will be reviewed and the lease may be revoked
by the County.
11)Binding Effect: This lease agreement shall be binding upon the parties hereto,their
respective heirs, successors and assigns.
12)Covenant of Non-Interference: Aspen Valley Medical Foundation agrees to undertake its
activities in the leased premises in a manner,which will not interfere with other tenants, and
activities in the building.
3
13)Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no
additional charge.
14)Phones and data: Aspen Valley Medical Foundation shall provide its own phone service and
Internet connections.
15)Use of Photocopier: The County/Lessor shall supply an operating photocopying machine and
copying paper for the use of tenants at a cost of$.02 per copy. This will be billed quarterly.
16)Termination for Cause and Unsuitability: In the event that the Lessee/Agency shall default by
failing to perform, keep and observe any of the terms, covenants or conditions herein
contained on its part to be performed, as determined by the County, or the building or leased
premises become damaged or untenantable for any reason during the term hereof,the
County/Lessor shall have the right to declare this lease terminated and require Aspen Valley
Medical Foundation to vacate the premises,whereupon the parties shall have no further
obligations hereunder.
17)Indemnification
Lessee/Agency shall indemnify,hold harmless and,not excluding the County/Lessor's
right to participate, defend the County/Lessor and its officers, officials, agents, and employees
(hereinafter referred to as "County/Lessor")from and against any and all liabilities, claims,
actions, damages, losses, or expenses including without limitation reasonable attorneys'fees and
costs, (hereinafter referred to as"claims") for bodily injury or personal injury including death, or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in
part, by the negligent or willful acts or omissions of Lessee/Agency or any of its officers,
directors, agents, employees or contractors, arising out of or related to Lessee/Agency's
occupancy and use of the Leased Premises. It is the specific intention of the parties that the
County/Lessor shall, in all instances, except for claims arising solely from the negligent or
willful acts or omissions of the County/Lessor, be indemnified by Lessee/Agency from and
against any and all claims. It is agreed that Lessee/Agency will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable. In
consideration for the use and occupancy of the Leased Premises, the Lessee/Agency agrees to
waive all rights of subrogation against the County/Lessor, its officers, officials, agents and
employees for losses arising from the use, occupancy or condition of the Leased Premises.
18) Insurance
A. Lessee/Agency shall procure and maintain for the duration of the Lease, insurance
against claims for injury to persons or damage to property which may arise from or in connection
with this Lease.
The insurance requirements herein are minimum requirements for this Lease and in no way limit
the indemnity covenants contained in this Lease. The County/Lessor in no way warrants that the
minimum limits contained herein are sufficient to protect the Lessee/Agency from liabilities that
might arise out of this Lease. Lessee/Agency is free to purchase such additional insurance as
Lessee/Agency determines necessary.
4
Additionally, the clause "other insurance provisions," in a policy in which the County of Pitkin
holds a Certificate, shall not apply to the County of Pitkin. The insurance companies issuing the
policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy. Any and all deductibles in the above-
described insurance policies shall be assumed by and be for the amount of, and at the sole expense
of the Lessee/Agency.
The following insurance coverage,at or above the limits indicated and including such endorsements
as are indicated by an"X", are required:
(1)Commercial General Liability-ISO 1998 Form or equivalent
County named additional insured
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Fire Damage Expense or Legal Liability $1,000,000.00
Comprehensive Form(All risks)to include(place X by applicable provisions):
X Premises/Operations
Underground,Explosion&Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Jodi Smith, Facilities Manager
485 Rio Grande P1#101
Aspen,Colorado 81611
Fax(970) 920-5285
jodi.smith@co.pitkin.co.us
B. To provide evidence of the required insurance coverages, copies of Certificates of
Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor(through
the County/Lessor Representative)no later than ten(10)calendar days prior to commencement of
operations affecting the County/Lessor. Failure to file or maintain acceptable Certificates of
Insurance with the County/Lessor 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/Lessor(through the County/Lessor's Risk Department). (For
purposes of this provision, "materially altered" shall mean a change affecting the coverages required
herein, including a change to policy limits as set out in the then-current policy declarations page).
5
C. Certificates of Insurance for all renewal policies shall be delivered to the
County/Lessor's Representative at least fifteen(15)days prior to a policy's expiration date except
for any policy expiring on the expiration date of this Agreement or thereafter.
D. The County/Lessor reserves the right to request and receive a copy of any policy and
any policy endorsement.
19) Termination: 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.
20)Removal of Property: It shall be the responsibility of the Aspen Valley Medical Foundation at
its own sole cost and expense,within five days after the expiration of this Agreement,to remove
office equipment from the premises. Any equipment not removed within this period of time
shall be conclusively deemed to be abandoned by Aspen Valley Medical Foundation and shall
become the property of the County/Lessor.
21)Attorney's Fees: In the event legal action is necessary to enforce any of the provisions of this
Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees.
22)Grant Award Contingency: The Aspen Valley Medical Foundation acknowledges that
occupancy of the premises is contingent upon satisfactory and timely compliance with the
terms,obligations and provisions set forth in the Grant Award Agreement and that the parties'
rights and obligations pursuant to this Lease Agreement will terminate automatically upon
termination or cancellation of the Grant Award Agreement between Pitkin County and the
Aspen Valley Medical Foundation. Termination of this Lease Agreement shall occur upon
thirty(30)days written notice to the address set forth below. Upon termination of this Lease
Agreement,Lessee/Agency shall vacate the premises. Lessee/Agency shall be responsible to
County/Lessor for the cost of repairs, legal fees,advertising and any other costs incurred in
preparing the premises for re-renting.
23)Notice: Any written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (1)hand delivery to the person at the address below; (2)
delivery by facsimile with confirmation of receipt to the fax number below; or(3)within three
(3)days of being sent certified, first class mail,postage prepaid,return receipt requested
addressed as follows:
To Landlord: With a Copy To:
Board of County Commissioners of Pitkin County John M. Ely,Esq.
C/O Facilities Manager Pitkin County Attorney's Office
485 Rio Grande P1#101 530 East Main, Suite 302
Aspen, Colorado 81611 Aspen, Colorado 81611
6
To Lessee/Agency: Kris Marsh
President and CEO
Aspen Valley Medical Foundation
P.O. Box 1639
Aspen, CO 81612
Fax: (970)544-1562
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the
latest date written below.
PITKIc•-NCOUNTY, COLORADO:
By: tiC V■ / • A s -
Nancy N. Sundeen Date
Director of Health&Human Services,Pitkin County
By
Jodi Smith,Pitkin County Facilities Manager Date
ASPEN V' LE MED AL F►UNDATION
BY: ,/!.✓/1%., •_WA I �` — e
Kris marsh, Presi•e d CEO Date
Aspen Valley Medi k• undation
7
I) CONTRACT#g63 0 al-
4 , .of ult IN,L,
LEASE AGREEMENT BETWEEN
RESPONSE
AND PITKIN COUNTY,COLORADO
Contract Number 063-12 Ledger Number 001.85.00540.84011
This lease agreement is made and entered into on the 1st day of January, 2012, by and
between RESPONSE, hereinafter referred to as "Lessee/Agency", and the County of Pitkin in
the State of Colorado hereinafter referred to as the "County/Lessor".
Whereas, RESPONSE desires to rent an office space in the Michael W. Schultz Health and
Human Services Building, (hereinafter referred to as the Schultz Health and Human Services
Building) 0405 Castle Creek Road, Aspen, CO, more fully described as Aspen Valley Hospital
Sub Lot: 1 Parcel A Health&Human Services Bldg, of approximately 649 square feet for 2012
and years thereafter.
Now therefore, in consideration of the mutual covenants and promises contained herein,the
parties agree as follows:
1) Term and Renewal of Agreement: The County/Lessor hereby leases and demises for the
calendar year 2012 to RESPONSE the area designated as Suite 5 in the Schultz Health and
Human Services Building. Absent any termination for cause under paragraph 16 of this
Agreement, this Agreement shall be for a period of five (5)years unless either party elects to
terminate this Agreement by serving a written notice to terminate this Agreement on the other
party no later than thirty(30) days.
2) No Waste or Damage Covenant: During the period of this lease agreement RESPONSE shall
maintain these offices in good shape and repair and return them to the County/Lessor in
substantially the same condition received normal wear excepted.
3) Damage to property: In the event of damage to the lessee's offices or to any part of the
building,the lessee will be responsible for all repair costs. Assessment of damage and
assignment of entity to provide the repair shall be the responsibility of Pitkin County
Facilities. Negotiation of remediation of each incident shall occur with Pitkin County
Facilities.
4) Payment: The rent is $25.75 per square ft. per year for the space rented by RESPONSE,
totaling$16,712.00; however,the County/Lessor shall provide an in-kind rent contribution of
$16,712.00 to RESPONSE.
1
5) 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.
6) Remodels To Premises: No remodeling or painting is to be done to premises without the
written consent of the County/Lessor. This includes any alterations to the walls and ceilings to
accommodate phone and data lines, cable service, electrical outlets and light fixtures.
Remodels will be done at the Lessee/Agency's cost unless the remodel is addressing a health
or safety issue. County/Lessor must approve any credit of cost of remodeling before work
commences.
7) Responsibilities:
1. The Facilities Department of the County/Lessor is NOT responsible to move,build,haul,
repair or dispose of office furnishings (including but not limited to bookshelves, desks,
appliances, cabinets, etc.) owned by nonprofits leasing space within the county buildings. In
the event that the facilities staff is asked to move, re-build,build,haul,repair or dispose of
said office furnishings the nonprofit may be billed for work, including time,materials,travel
time and landfill fees. The Facilities Department will be responsible for moving the nonprofit
in the event that the County/Lessor has a need for the office space occupied by the nonprofit.
2. The Facilities Department is responsible for carpets,building repairs, capital upgrades,
heating/cooling,plumbing, and electrical (infrastructure), internal painting on a set schedule,
daily trash removal and common area cleaning. Requests for additions to the infrastructure
such as new or relocated outlets, moving cables, etc. shall be evaluated by the Facilities
Manager on a case by case basis. Lessee/Agencies will be asked to pay for upgrades.
8) Building Concerns and Complaints: All calls about the physical operation of the building
shall go directly to Jodi Smith, Facilities Manager at 920-5396. If unavailable send an email
to facilities_maintenance_countyco.pitkin.co.us.
9) Non-Assignment: This lease agreement and the rights arising under it shall not be assigned
or transferred by RESPONSE.
10)Occupancy Requirement: Pitkin County leases space in the Schultz Health&Human
Services Building to non-profit agencies that help further the community's access to health&
human services. In order to best meet community needs, the County holds the right to cancel
any lease agreement with a tenant that does not occupy their space and actively provide
services to the community on an ongoing basis. Any lease for office space that is not
actively used over the period of three months will be reviewed and the lease may be revoked
by the County.
11)Binding Effect: This lease agreement shall be binding upon the parties hereto,their
respective heirs, successors and assigns.
2
12)Covenant of Non-Interference: RESPONSE agrees to undertake its activities in the leased
premises in a manner, which will not interfere with other tenants, and activities in the
building.
13)Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no
additional charge.
14)Phones and data: RESPONSE shall provide its own phone service and Internet connections.
15)Use of Photocopier: The County/Lessor shall supply an operating photocopying machine and
copying paper for the use of tenants at a cost of$.02 per copy. This will be billed quarterly.
16)Termination for Cause and Unsuitability: In the event that the Lessee/Agency shall default by
failing to perform,keep and observe any of the terms, covenants or conditions herein
contained on its part to be performed, as determined by the County, or the building or leased
premises become damaged or untenantable for any reason during the term hereof,the
County/Lessor shall have the right to declare this lease terminated and require RESPONSE to
vacate the premises,whereupon the parties shall have no further obligations hereunder.
17)Indemnification
Lessee/Agency shall indemnify,hold harmless and, not excluding the County/Lessor 's
right to participate, defend the County/Lessor and its officers, officials, agents, and employees
(hereinafter referred to as"County/Lessor") from and against any and all liabilities, claims,
actions,damages, losses, or expenses including without limitation reasonable attorneys'fees and
costs,(hereinafter referred to as"claims") for bodily injury or personal injury including death, or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in
part, by the negligent or willful acts or omissions of Lessee/Agency or any of its officers,
directors, agents, employees or contractors, arising out of or related to Lessee/Agency's
occupancy and use of the Leased Premises. It is the specific intention of the parties that the
County/Lessor shall, in all instances, except for claims arising solely from the negligent or
willful acts or omissions of the County/Lessor, be indemnified by Lessee/Agency from and
against any and all claims. It is agreed that Lessee/Agency will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable. In
consideration for the use and occupancy of the Leased Premises, the Lessee/Agency agrees to
waive all rights of subrogation against the County/Lessor, its officers, officials, agents and
employees for losses arising from the use, occupancy or condition of the Leased Premises.
18) Insurance
A. Lessee/Agency shall procure and maintain for the duration of the Lease, insurance
against claims for injury to persons or damage to property which may arise from or in connection
with this Lease.
The insurance requirements herein are minimum requirements for this Lease and in no way limit
the indemnity covenants contained in this Lease. The County/Lessor in no way warrants that the
minimum limits contained herein are sufficient to protect the Lessee/Agency from liabilities that
3
might arise out of this Lease. Lessee/Agency is free to purchase such additional insurance as
Lessee/Agency determines necessary.
Additionally, the clause "other insurance provisions," in a policy in which the County of Pitkin
holds a Certificate, shall not apply to the County of Pitkin. The insurance companies issuing the
policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy. Any and all deductibles in the above-
described insurance policies shall be assumed by and be for the amount of, and at the sole expense
of the Lessee/Agency.
The following insurance coverage,at or above the limits indicated and including such endorsements
as are indicated by an"X", are required:
(1)Commercial General Liability-ISO 1998 Form or equivalent
County named additional insured
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Fire Damage Expense or Legal Liability $1,000,000.00
Comprehensive Form(All risks)to include(place X by applicable provisions):
X Premises/Operations
Underground,Explosion& Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Jodi Smith,Facilities Manager
485 Rio Grande P1#101
Aspen, Colorado 81611
Fax (970) 920-5285
jodi.smith @co.pitkin.co.us
B. To provide evidence of the required insurance coverages,copies of Certificates of
Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor(through
the County/Lessor Representative)no later than ten(10)calendar days prior to commencement of
operations affecting the County/Lessor. Failure to file or maintain acceptable Certificates of
Insurance with the County/Lessor 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/Lessor(through the County/Lessor's Risk Department). (For
4
purposes of this provision, "materially altered" shall mean a change affecting the coverages required
herein, including a change to policy limits as set out in the then-current policy declarations page).
C. Certificates of Insurance for all renewal policies shall be delivered to the
County/Lessor's Representative at least fifteen(15)days prior to a policy's expiration date except
for any policy expiring on the expiration date of this Agreement or thereafter.
D. The County/Lessor reserves the right to request and receive a copy of any policy and
any policy endorsement.
19) Termination: 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.
20)Removal of Property: It shall be the responsibility of the RESPONSE at its own sole cost and
expense,within five days after the expiration of this Agreement,to remove office equipment
from the premises. Any equipment not removed within this period of time shall be conclusively
deemed to be abandoned by RESPONSE and shall become the property of the County/Lessor.
21)Attorney's Fees: In the event legal action is necessary to enforce any of the provisions of this
Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees.
22)Grant Award Contingency: The RESPONSE acknowledges that occupancy of the premises is
contingent upon satisfactory and timely compliance with the terms,obligations and provisions
set forth in the Grant Award Agreement and that the parties' rights and obligations pursuant to
this Lease Agreement will terminate automatically upon termination or cancellation of the Grant
Award Agreement between Pitkin County and the RESPONSE. Termination of this Lease
Agreement shall occur upon thirty(30)days written notice to the address set forth below. Upon
termination of this Lease Agreement,Lessee/Agency shall vacate the premises. Lessee/Agency
shall be responsible to County/Lessor for the cost of repairs, legal fees,advertising and any
other costs incurred in preparing the premises for re-renting.
23)Notice: Any written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (1)hand delivery to the person at the address below; (2)
delivery by facsimile with confirmation of receipt to the fax number below; or(3)within three
(3)days of being sent certified, first class mail,postage prepaid,return receipt requested
addressed as follows:
To Landlord: With a Copy To:
Board of County Commissioners of Pitkin County John M. Ely,Esq.
C/O Facilities Manager Pitkin County Attorney's Office
485 Rio Grande PI#101 530 East Main, Suite 302
Aspen, Colorado 81611 Aspen, Colorado 81611
5
To Lessee/Agency: Lauren Mbereko
RESPONSE
P.O. Box 1340
Aspen, CO 81612
Fax: (970)920-5558
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the latest date written below.
PITKIN COUNTY, COLORADO:
By LOA r, [►.r AP /A' V " 2-"Z
Nancy N. Sundeen , - Date
Director of Health&Human Services,Pitkin County
By —` T zy -(7__
Jodi Smith,Pitkin County Facilities Manager Date
RESPONSE
By:_ 1�.[ 5))c))1,2_
Lauren ere o, Executive Director Date
RESPONSE
6
ilkIN
CONTRACT#2,L4.-„-.2k z
OUNT8
I
•
LEASE AGREEMENT BETWEEN
ALPINE LEGAL SERVICES
AND PITKIN COUNTY,COLORADO
Contract Number 066-12 Ledger Number 001.85.00540.84022
This lease agreement is made and entered into on the 1st day of January, 2012, by and
between Alpine Legal Services, hereinafter referred to as"Lessee/Agency", and the County of
Pitkin in the State of Colorado hereinafter referred to as the "County/Lessor".
Whereas, Alpine Legal Services desires to rent an office space in the Michael W. Schultz Health
and Human Services Building, (hereinafter referred to as the Schultz Health and Human Services
Building) 0405 Castle Creek Road, Aspen, CO, more fully described as Aspen Valley Hospital
Sub Lot: 1 Parcel A Health&Human Services Bldg, of approximately 330 square feet for 2012
and years thereafter.
Now therefore, in consideration of the mutual covenants and promises contained herein, the
parties agree as follows:
1) Term and Renewal of Agreement: The County/Lessor hereby leases and demises for the
calendar year 2012 to Alpine Legal Services the area designated as Suite 11 in the Schultz
Health and Human Services Building. Absent any termination for cause under paragraph 16
of this Agreement, this Agreement shall be for a period of five (5)years unless either party ,
elects to terminate this Agreement by serving a written notice to terminate this Agreement on
the other party no later than thirty(30) days.
2) No Waste or Damage Covenant: During the period of this lease agreement Alpine Legal
Services shall maintain these offices in good shape and repair and return them to the
County/Lessor in substantially the same condition received normal wear excepted.
3) Damage to property: In the event of damage to the lessee's offices or to any part of the
building,the lessee will be responsible for all repair costs. Assessment of damage and
assignment of entity to provide the repair shall be the responsibility of Pitkin County
Facilities. Negotiation of remediation of each incident shall occur with Pitkin County
Facilities.
4) Payment: The rent is $25.75 per square ft. per year for the space rented by Alpine Legal
Services,totaling$8,498.00; however, the County/Lessor shall provide an in-kind rent
contribution of$8,498.00 to Alpine Legal Services.
5) 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
6) Remodels To Premises: No remodeling or painting is to be done to premises without the
written consent of the County/Lessor. This includes any alterations to the walls and ceilings to
accommodate phone and data lines, cable service, electrical outlets and light fixtures.
Remodels will be done at the Lessee/Agency's cost unless the remodel is addressing a health
or safety issue. County/Lessor must approve any credit of cost of remodeling before work
commences.
7) Responsibilities:
1.The Facilities Department of the County/Lessor is NOT responsible to move,build, haul,
repair or dispose of office furnishings (including but not limited to bookshelves,desks,
appliances, cabinets, etc.)owned by nonprofits leasing space within the county buildings. In
the event that the facilities staff is asked to move,re-build,build,haul, repair or dispose of
said office furnishings the nonprofit may be billed for work, including time,materials,travel
time and landfill fees. The Facilities Department will be responsible for moving the nonprofit
in the event that the County/Lessor has a need for the office space occupied by the nonprofit.
2. The Facilities Department is responsible for carpets,building repairs, capital upgrades,
heating/cooling,plumbing, and electrical (infrastructure), internal painting on a set schedule,
daily trash removal and common area cleaning. Requests for additions to the infrastructure
such as new or relocated outlets, moving cables, etc. shall be evaluated by the Facilities
Manager on a case by case basis. Lessee/Agencies will be asked to pay for upgrades.
8) Building Concerns and Complaints: All calls about the physical operation of the building
shall go directly to Jodi Smith, Facilities Manager at 920-5396. If unavailable send an email
to facilities maintenance_county@co.pitkin.co.us.
9) Non-Assignment: This lease agreement and the rights arising under it shall not be assigned
or transferred by Alpine Legal Services.
10)Occupancy Requirement: Pitkin County leases space in the Schultz Health&Human
Services Building to non-profit agencies that help further the community's access to health&
human services. In order to best meet community needs,the County holds the right to cancel
any lease agreement with a tenant that does not occupy their space and actively provide
services to the community on an ongoing basis. Any lease for office space that is not
actively used over the period of three months will be reviewed and the lease may be revoked
by the County.
11)Binding Effect: This lease agreement shall be binding upon the parties hereto,their
respective heirs, successors and assigns.
12)Covenant of Non-Interference: Alpine Legal Services agrees to undertake its activities in the
leased premises in a manner,which will not interfere with other tenants, and activities in the
building.
2
13)Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no
additional charge.
14)Phones and data: Alpine Legal Services shall provide its own phone service and Internet
connections.
15)Use of Photocopier: The County/Lessor shall supply an operating photocopying machine and
copying paper for the use of tenants at a cost of$.02 per copy. This will be billed quarterly.
16)Termination for Cause and Unsuitability: In the event that the Lessee/Agency shall default by
failing to perform,keep and observe any of the terms, covenants or conditions herein
contained on its part to be performed, as determined by the County, or the building or leased
premises become damaged or untenantable for any reason during the term hereof,the
County/Lessor shall have the right to declare this lease terminated and require Alpine Legal
Services to vacate the premises,whereupon the parties shall have no further obligations
hereunder.
17)Indemnification
Lessee/Agency shall indemnify, hold harmless and,not excluding the County/Lessor's right
to participate, defend the County/Lessor and its officers, officials, agents, and employees
(hereinafter referred to as "County/Lessor") from and against any and all liabilities, claims,
actions, damages, losses, or expenses including without limitation reasonable attorneys'fees and
costs, (hereinafter referred to as"claims") for bodily injury or personal injury including death, or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in
part, by the negligent or willful acts or omissions of Lessee/Agency or any of its officers,
directors, agents, employees or contractors, arising out of or related to Lessee/Agency's
occupancy and use of the Leased Premises. It is the specific intention of the parties that the
County/Lessor shall, in all instances, except for claims arising solely from the negligent or
willful acts or omissions of the County/Lessor, be indemnified by Lessee/Agency from and
against any and all claims. It is agreed that Lessee/Agency will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable. In
consideration for the use and occupancy of the Leased Premises, the Lessee/Agency agrees to
waive all rights of subrogation against the County/Lessor, its officers, officials, agents and
employees for losses arising from the use, occupancy or condition of the Leased Premises.
18) Insurance
A. Lessee/Agency shall procure and maintain for the duration of the Lease, insurance
against claims for injury to persons or damage to property which may arise from or in connection
with this Lease.
The insurance requirements herein are minimum requirements for this Lease and in no way limit
the indemnity covenants contained in this Lease. The County/Lessor in no way warrants that the
minimum limits contained herein are sufficient to protect the Lessee/Agency from liabilities that
might arise out of this Lease. Lessee/Agency is free to purchase such additional insurance as
Lessee/Agency determines necessary.
3
Additionally, the clause "other insurance provisions," in a policy in which the County of Pitkin
holds a Certificate, shall not apply to the County of Pitkin. The insurance companies issuing the
policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy. Any and all deductibles in the above-
described insurance policies shall be assumed by and be for the amount of, and at the sole expense
of the Lessee/Agency.
The following insurance coverage,at or above the limits indicated and including such endorsements
as are indicated by an "X",are required:
(1) Commercial General Liability-ISO 1998 Form or equivalent
County named additional insured
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Fire Damage Expense or Legal Liability $1,000,000.00
Comprehensive Form(All risks)to include(place X by applicable provisions):
X Premises/Operations
Underground,Explosion&Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Jodi Smith,Facilities Manager
485 Rio Grande P1#101
Aspen, Colorado 81611
Fax(970) 920-5285
jodi.smith @co.pitkin.co.us
B. To provide evidence of the required insurance coverages, copies of Certificates of
Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor(through
the County/Lessor Representative)no later than ten(10)calendar days prior to commencement of
operations affecting the County/Lessor. Failure to file or maintain acceptable Certificates of
Insurance with the County/Lessor 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/Lessor(through the County/Lessor's Risk Department). (For
purposes of this provision, "materially altered" shall mean a change affecting the coverages required
herein, including a change to policy limits as set out in the then-current policy declarations page).
4
C. Certificates of Insurance for all renewal policies shall be delivered to the
County/Lessor's Representative at least fifteen(15)days prior to a policy's expiration date except
for any policy expiring on the expiration date of this Agreement or thereafter.
D. The County/Lessor reserves the right to request and receive a copy of any policy and
any policy endorsement.
19)Termination: 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.
20) Removal of Property: It shall be the responsibility of the Alpine Legal Services at its own sole
cost and expense,within five days after the expiration of this Agreement,to remove office
equipment from the premises. Any equipment not removed within this period of time shall be
conclusively deemed to be abandoned by Alpine Legal Services and shall become the property
of the County/Lessor.
21)Attorney's Fees: In the event legal action is necessary to enforce any of the provisions of this
Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees.
22)Grant Award Contingency: The Alpine Legal Services acknowledges that occupancy of the
premises is contingent upon satisfactory and timely compliance with the terms,obligations and
provisions set forth in the Grant Award Agreement and that the parties' rights and obligations
pursuant to this Lease Agreement will terminate automatically upon termination or cancellation
of the Grant Award Agreement between Pitkin County and the Alpine Legal Services.
Termination of this Lease Agreement shall occur upon thirty(30)days written notice to the
address set forth below. Upon termination of this Lease Agreement,Lessee/Agency shall
vacate the premises. Lessee/Agency shall be responsible to County/Lessor for the cost of
repairs, legal fees, advertising and any other costs incurred in preparing the premises for re-
renting.
23)Notice: Any written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (1)hand delivery to the person at the address below; (2)
delivery by facsimile with confirmation of receipt to the fax number below; or(3)within three
(3)days of being sent certified, first class mail,postage prepaid,return receipt requested
addressed as follows:
To Landlord: With a Copy To:
Board of County Commissioners of Pitkin County John M. Ely,Esq.
C/O Facilities Manager Pitkin County Attorney's Office
485 Rio Grande P1 #101 530 East Main, Suite 302
Aspen, Colorado 81611 Aspen, Colorado 81611
5
To Lessee/Agency: Jonathan Shamis,Executive Director
Alpine Legal Services
0405 Castle Creek Rd., Suite 11
Aspen, Colorado 81611
Fax: (970)920-5558
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the latest date written below.
PITKIN COUNTY, COLORADO:
By ZZ LZ
Nancy N. Sundeen Date
Director of Health&Human Services,Pitkin County
-
By CZ_
Jodi Smith,Pitkin Coun Facilities Manager Date
ALPINE L ;�SERVI• '
By '� l ���.1_ � /5 AL
��.1
Job :,it.ams. , Ex- Di -- or Date
.;104.44;777:. ervices
6
CONTRACT# /y
x
LEASE AGREEMENT BETWEEN
VALLEY PARTNERSHIP FOR DRUG PREVENTION
AND PITKIN COUNTY, COLORADO
Contract Number 062-12 Ledger Number 001.85.00540.84002
This lease agreement is made and entered into on the 1st day of January, 2012,by and
between Valley Partnership for Drug Prevention,hereinafter referred to as "Lessee/Agency", and
the County of Pitkin in the State of Colorado hereinafter referred to as the "County/Lessor".
Whereas,Valley Partnership for Drug Prevention desires to rent an office space in the Michael
W. Schultz Health and Human Services Building, (hereinafter referred to as the Schultz Health
and Human Services Building) 0405 Castle Creek Road,Aspen, CO,more fully described as
Aspen Valley Hospital Sub Lot: 1 Parcel A Health&Human Services Bldg, of approximately
243 square feet for 2012 and years thereafter.
Now therefore, in consideration of the mutual covenants and promises contained herein, the
parties agree as follows:
1) Term and Renewal of Agreement: The County/Lessor hereby leases and demises for the
calendar year 2012 to Valley Partnership for Drug Prevention the area designated as Suite 4 in
the Schultz Health and Human Services Building. Absent any termination for cause under
paragraph 16 of this Agreement, this Agreement shall be for a period of five(5)years unless
either party elects to terminate this Agreement by serving a written notice to terminate this
Agreement on the other party no later than thirty(30)days.
2) No Waste or Damage Covenant: During the period of this lease agreement Valley Partnership
for Drug Prevention shall maintain these offices in good shape and repair and return them to
the County/Lessor in substantially the same condition received normal wear excepted.
3) Damage to property: In the event of damage to the lessee's offices or to any part of the
building,the lessee will be responsible for all repair costs. Assessment of damage and
assignment of entity to provide the repair shall be the responsibility of Pitkin County
Facilities. Negotiation of remediation of each incident shall occur with Pitkin County
Facilities.
4) Payment: The rent is $25.75 per square ft. per year for the space rented by Valley Partnership
for Drug Prevention,totaling $6,257.00; however,the County/Lessor shall provide an in-kind
rent contribution of$6,257.00 to Valley Partnership for Drug Prevention.
1
5) 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.
6) Remodels To Premises: No remodeling or painting is to be done to premises without the
written consent of the County/Lessor. This includes any alterations to the walls and ceilings to
accommodate phone and data lines, cable service, electrical outlets and light fixtures.
Remodels will be done at the Lessee/Agency's cost unless the remodel is addressing a health
or safety issue. County/Lessor must approve any credit of cost of remodeling before work
commences.
7) Responsibilities:
1.The Facilities Department of the County/Lessor is NOT responsible to move, build,haul,
repair or dispose of office furnishings (including but not limited to bookshelves, desks,
appliances, cabinets, etc.) owned by nonprofits leasing space within the county buildings. In
the event that the facilities staff is asked to move, re-build, build,haul, repair or dispose of
said office furnishings the nonprofit may be billed for work, including time,materials,travel
time and landfill fees. The Facilities Department will be responsible for moving the nonprofit
in the event that the County/Lessor has a need for the office space occupied by the nonprofit.
2. The Facilities Department is responsible for carpets,building repairs, capital upgrades,
heating/cooling,plumbing, and electrical (infrastructure), internal painting on a set schedule,
daily trash removal and common area cleaning. Requests for additions to the infrastructure
such as new or relocated outlets,moving cables, etc. shall be evaluated by the Facilities
Manager on a case by case basis. Lessee/Agencies will be asked to pay for upgrades.
8) Building Concerns and Complaints: All calls about the physical operation of the building
shall go directly to Jodi Smith,Facilities Manager at 920-5396. If unavailable send an email
to facilities maintenance county @co.pitkin.co.us.
9) Non-Assignment: This lease agreement and the rights arising under it shall not be assigned
or transferred by Valley Partnership for Drug Prevention.
10)Occupancy Requirement: Pitkin County leases space in the Schultz Health&Human
Services Building to non-profit agencies that help further the community's access to health&
human services. In order to best meet community needs, the County holds the right to cancel
any lease agreement with a tenant that does not occupy their space and actively provide
services to the community on an ongoing basis. Any lease for office space that is not
actively used over the period of three months will be reviewed and the lease may be revoked
by the County.
11)Binding Effect: This lease agreement shall be binding upon the parties hereto,their
respective heirs, successors and assigns.
2
12)Covenant of Non-Interference: Valley Partnership for Drug Prevention agrees to undertake
its activities in the leased premises in a manner, which will not interfere with other tenants,
and activities in the building.
13)Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no
additional charge.
14)Phones and data: Valley Partnership for Drug Prevention shall provide its own phone service
and Internet connections.
15)Use of Photocopier: The County/Lessor shall supply an operating photocopying machine and
copying paper for the use of tenants at a cost of$.02 per copy. This will be billed quarterly.
16)Termination for Cause and Unsuitability: In the event that the Lessee/Agency shall default by
failing to perform,keep and observe any of the terms, covenants or conditions herein
contained on its part to be performed, as determined by the County, or the building or leased
premises become damaged or untenantable for any reason during the term hereof,the
County/Lessor shall have the right to declare this lease terminated and require Valley
Partnership for Drug Prevention to vacate the premises,whereupon the parties shall have no
further obligations hereunder.
17) Indemnification
Lessee/Agency shall indemnify, hold harmless and, not excluding the County/Lessor's
right to participate, defend the County/Lessor and its officers, officials, agents, and employees
(hereinafter referred to as "County/Lessor")from and against any and all liabilities, claims,
actions, damages, losses, or expenses including without limitation reasonable attorneys'fees and
costs, (hereinafter referred to as "claims") for bodily injury or personal injury including death, or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in
part, by the negligent or willful acts or omissions of Lessee/Agency or any of its officers,
directors, agents, employees or contractors, arising out of or related to Lessee/Agency's
occupancy and use of the Leased Premises. It is the specific intention of the parties that the
County/Lessor shall, in all instances, except for claims arising solely from the negligent or
willful acts or omissions of the County/Lessor, be indemnified by Lessee/Agency from and
against any and all claims. It is agreed that Lessee/Agency will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable. In
consideration for the use and occupancy of the Leased Premises, the Lessee/Agency agrees to
waive all rights of subrogation against the County/Lessor, its officers, officials, agents and
employees for losses arising from the use, occupancy or condition of the Leased Premises.
18) Insurance
A. Lessee/Agency shall procure and maintain for the duration of the Lease, insurance
against claims for injury to persons or damage to property which may arise from or in connection
with this Lease.
The insurance requirements herein are minimum requirements for this Lease and in no way limit
3
the indemnity covenants contained in this Lease. The County/Lessor in no way warrants that the
minimum limits contained herein are sufficient to protect the Lessee/Agency from liabilities that
might arise out of this Lease. Lessee/Agency is free to purchase such additional insurance as
Lessee/Agency determines necessary.
Additionally, the clause "other insurance provisions," in a policy in which the County of Pitkin
holds a Certificate, shall not apply to the County of Pitkin. The insurance companies issuing the
policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy. Any and all deductibles in the above-
described insurance policies shall be assumed by and be for the amount of, and at the sole expense
of the Lessee/Agency.
The following insurance coverage,at or above the limits indicated and including such endorsements
as are indicated by an "X",are required:
(1)Commercial General Liability-ISO 1998 Form or equivalent
County named additional insured
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Fire Damage Expense or Legal Liability $1,000,000.00
Comprehensive Form(All risks)to include(place X by applicable provisions):
X Premises/Operations
Underground,Explosion&Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Jodi Smith, Facilities Manager
485 Rio Grande P1#101
Aspen, Colorado 81611
Fax (970)920-5285
jodi.smith @co.pitkin.co.us
B. To provide evidence of the required insurance coverages,copies of Certificates of
Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor(through
the County/Lessor Representative)no later than ten(10)calendar days prior to commencement of
operations affecting the County/Lessor. Failure to file or maintain acceptable Certificates of
Insurance with the County/Lessor 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
4
mailing),has been sent to the County/Lessor(through the County/Lessor's Risk Department). (For
purposes of this provision, "materially altered" shall mean a change affecting the coverages required
herein, including a change to policy limits as set out in the then-current policy declarations page).
C. Certificates of Insurance for all renewal policies shall be delivered to the
County/Lessor's Representative at least fifteen(15)days prior to a policy's expiration date except
for any policy expiring on the expiration date of this Agreement or thereafter.
D. The County/Lessor reserves the right to request and receive a copy of any policy and
any policy endorsement.
19)Termination: 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.
20)Removal of Property: It shall be the responsibility of the Valley Partnership for Drug
Prevention at its own sole cost and expense,within five days after the expiration of this
Agreement,to remove office equipment from the premises. Any equipment not removed within
this period of time shall be conclusively deemed to be abandoned by Valley Partnership for
Drug Prevention and shall become the property of the County/Lessor.
21)Attorney's Fees: In the event legal action is necessary to enforce any of the provisions of this
Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees.
22)Grant Award Contingency: The Valley Partnership for Drug Prevention acknowledges that
occupancy of the premises is contingent upon satisfactory and timely compliance with the
terms,obligations and provisions set forth in the Grant Award Agreement and that the parties'
rights and obligations pursuant to this Lease Agreement will terminate automatically upon
termination or cancellation of the Grant Award Agreement between Pitkin County and the
Valley Partnership for Drug Prevention. Termination of this Lease Agreement shall occur upon
thirty(30)days written notice to the address set forth below. Upon termination of this Lease
Agreement,Lessee/Agency shall vacate the premises. Lessee/Agency shall be responsible to
County/Lessor for the cost of repairs,legal fees, advertising and any other costs incurred in
preparing the premises for re-renting.
23)Notice: Any written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (1)hand delivery to the person at the address below; (2)
delivery by facsimile with confirmation of receipt to the fax number below; or(3)within three
(3)days of being sent certified,first class mail,postage prepaid,return receipt requested
addressed as follows:
To Landlord: With a Copy To:
Board of County Commissioners of Pitkin County John M. Ely,Esq.
CIO Facilities Manager Pitkin County Attorney's Office
485 Rio Grande PI #101 530 East Main, Suite 302
Aspen, Colorado 81611 Aspen, Colorado 81611
5
To Lessee/Agency: Mike Connolly
Executive Director
Valley Partnership for Drug Prevention
0405 Castle Creek Rd., Suite 4
Aspen, CO 81611
Fax: (970)952-5021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the latest date written below.
PITKIN COUNTY,COLORADO:
By ( s - Z 2 - Z..._
Nancy N. Sundeen Date
Director of Health&Human Services,Pitkin County
By Am IL
Jodi S n i itkin Co'ilities Manager Date
VALLEY PARTNERSHIP FOR DRUG P VENTION
By A' '�---/ "72
Mike Connolly, Executive Director Date
Valley Partnership for Drug Prevention
6
illCONTRACT#06 !` ,-
. u
LEASE AGREEMENT BETWEEN
COMMUNITY HEALTH SERVICES
AND PITKIN COUNTY,COLORADO
Contract Number 064-12 Ledger Number 001.85.00540.84003
This lease agreement is made and entered into on the 1st day of January, 2012, by and
between Community Health Services,hereinafter referred to as "Lessee/Agency", and the
County of Pitkin in the State of Colorado hereinafter referred to as the "County/Lessor".
Whereas, Community Health Services desires to rent an office space in the Michael W. Schultz
Health and Human Services Building, (hereinafter referred to as the Schultz Health and Human
Services Building) 0405 Castle Creek Road, Aspen, CO,more fully described as Aspen Valley
Hospital Sub Lot: 1 Parcel A Health&Human Services Bldg, of approximately 2,313 square
feet for 2012 and years thereafter.
Now therefore, in consideration of the mutual covenants and promises contained herein, the
parties agree as follows:
1) Term and Renewal of Agreement: The County/Lessor hereby leases and demises for the
calendar year 2012 to Community Health Services the area designated as Suite 6 in the
Schultz Health and Human Services Building. Absent any termination for cause under
paragraph 16 of this Agreement, this Agreement shall be for a period of five(5)years unless
either party elects to terminate this Agreement by serving a written notice to terminate this
Agreement on the other party no later than thirty (30) days.
2) No Waste or Damage Covenant: During the period of this lease agreement Community Health
Services shall maintain these offices in good shape and repair and return them to the
County/Lessor in substantially the same condition received normal wear excepted.
3) Damage to property: In the event of damage to the lessee's offices or to any part of the
building,the lessee will be responsible for all repair costs. Assessment of damage and
assignment of entity to provide the repair shall be the responsibility of Pitkin County
Facilities. Negotiation of remediation of each incident shall occur with Pitkin County
Facilities.
4) Payment: The rent is $25.75 per square ft. per year for the space rented by Community Health
Services,totaling$59,560.00; however,the County/Lessor shall provide an in-kind rent
contribution of$59,560.00 to Community Health Services.
1
5) 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.
6) Remodels To Premises: No remodeling or painting is to be done to premises without the
written consent of the County/Lessor. This includes any alterations to the walls and ceilings to
accommodate phone and data lines, cable service, electrical outlets and light fixtures.
Remodels will be done at the Lessee/Agency's cost unless the remodel is addressing a health
or safety issue. County/Lessor must approve any credit of cost of remodeling before work
commences.
7) Responsibilities:
1. The Facilities Department of the County/Lessor is NOT responsible to move,build, haul,
repair or dispose of office furnishings (including but not limited to bookshelves, desks,
appliances, cabinets, etc.) owned by nonprofits leasing space within the county buildings. In
the event that the facilities staff is asked to move,re-build, build,haul, repair or dispose of
said office furnishings the nonprofit may be billed for work, including time, materials,travel
time and landfill fees. The Facilities Department will be responsible for moving the non-profit
in the event that the County/Lessor has a need for the office space occupied by the nonprofit.
2. The Facilities Department is responsible for carpets,building repairs, capital upgrades,
heating/cooling,plumbing, and electrical (infrastructure), internal painting on a set schedule,
daily trash removal and common area cleaning. Requests for additions to the infrastructure
such as new or relocated outlets, moving cables, etc. shall be evaluated by the Facilities
Manager on a case by case basis. Lessee/Agencies will be asked to pay for upgrades.
5) Building Concerns and Complaints: Building Concerns and Complaints: All calls about the
physical operation of the building shall go directly to Jodi Smith,Facilities Manager at 920-
5396. If unavailable send an email to facilities maintenance county(c�co.pitkin.co.us.
6)
7) Non-Assignment: This lease agreement and the rights arising under it shall not be assigned
or transferred by Community Health Services.
8) Occupancy Requirement: Pitkin County leases space in the Schultz Health&Human
Services Building to non-profit agencies that help further the community's access to health&
human services. In order to best meet community needs,the County holds the right to cancel
any lease agreement with a tenant that does not occupy their space and actively provide
services to the community on an ongoing basis. Any lease for office space that is not
actively used over the period of three months will be reviewed and the lease may be revoked
by the County.
9) Binding Effect: This lease agreement shall be binding upon the parties hereto,their
respective heirs, successors and assigns.
2
10)Covenant of Non-Interference: Community Health Services agrees to undertake its activities
in the leased premises in a manner, which will not interfere with other tenants, and activities
in the building.
11)Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no
additional charge.
12)Phones and data: Community Health Services shall provide its own phone service and
Internet connections.
13)Use of Photocopier: The County/Lessor shall supply an operating photocopying machine and
copying paper for the use of tenants at a cost of$.02 per copy. This will be billed quarterly.
14)Termination for Cause and Unsuitability: In the event that the Lessee/Agency shall default by
failing to perform,keep and observe any of the terms, covenants or conditions herein
contained on its part to be performed, as determined by the County,or the building or leased
premises become damaged or untenantable for any reason during the term hereof,the
County/Lessor shall have the right to declare this lease terminated and require Community
Health Services to vacate the premises,whereupon the parties shall have no further
obligations hereunder.
15)Indemnification
Lessee/Agency shall indemnify, hold harmless and, not excluding the County/Lessor's
right to participate, defend the County/Lessor and its officers, officials, agents, and employees
(hereinafter referred to as "County/Lessor")from and against any and all liabilities, claims,
actions, damages, losses, or expenses including without limitation reasonable attorneys'fees and
costs, (hereinafter referred to as"claims") for bodily injury or personal injury including death, or
Ioss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in
part, by the negligent or willful acts or omissions of Lessee/Agency or any of its officers,
directors, agents, employees or contractors, arising out of or related to Lessee/Agency's
occupancy and use of the Leased Premises. It is the specific intention of the parties that the
County/Lessor shall, in all instances, except for claims arising solely from the negligent or
willful acts or omissions of the County/Lessor, be indemnified by Lessee/Agency from and
against any and all claims. It is agreed that Lessee/Agency will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable. In
consideration for the use and occupancy of the Leased Premises, the Lessee/Agency agrees to
waive all rights of subrogation against the County/Lessor, its officers, officials, agents and
employees for losses arising from the use, occupancy or condition of the Leased Premises.
18) Insurance
A. Lessee/Agency shall procure and maintain for the duration of the Lease, insurance
against claims for injury to persons or damage to property which may arise from or in connection
with this Lease.
The insurance requirements herein are minimum requirements for this Lease and in no way limit
3
•
the indemnity covenants contained in this Lease. The County/Lessor in no way warrants that the
minimum limits contained herein are sufficient to protect the Lessee/Agency from liabilities that
might arise out of this Lease. Lessee/Agency is free to purchase such additional insurance as
Lessee/Agency determines necessary.
Additionally, the clause "other insurance provisions," in a policy in which the County of Pitkin
holds a Certificate, shall not apply to the County of Pitkin. The insurance companies issuing the
policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy. Any and all deductibles in the above-
described insurance policies shall be assumed by and be for the amount of, and at the sole expense
of the Lessee/Agency.
The following insurance coverage,at or above the limits indicated and including such endorsements
as are indicated by an"X",are required:
(1)Commercial General Liability-ISO 1998 Form or equivalent
County named additional insured
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Fire Damage Expense or Legal Liability $1,000,000.00
Comprehensive Form(All risks)to include(place X by applicable provisions):
X Premises/Operations
Underground,Explosion&Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Jodi Smith, Facilities Manager
485 Rio Grande P1#101
Aspen, Colorado 81611
Fax (970) 920-5285
jodi.smith@co.pitkin.co.us
B. To provide evidence of the required insurance coverages, copies of Certificates of
Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor(through
the County/Lessor Representative)no later than ten(10)calendar days prior to commencement of
operations affecting the County/Lessor. Failure to file or maintain acceptable Certificates of
Insurance with the County/Lessor 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
4
mailing),has been sent to the County/Lessor(through the County/Lessor's Risk Department). (For
purposes of this provision, "materially altered" shall mean a change affecting the coverages required
herein, including a change to policy limits as set out in the then-current policy declarations page).
C. Certificates of Insurance for all renewal policies shall be delivered to the
County/Lessor's Representative at least fifteen(15)days prior to a policy's expiration date except
for any policy expiring on the expiration date of this Agreement or thereafter.
D. The County/Lessor reserves the right to request and receive a copy of any policy and
any policy endorsement.
19) Termination: 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.
20) Removal of Property: It shall be the responsibility of the Community Health Services at its
own sole cost and expense,within five days after the expiration of this Agreement,to remove
office equipment from the premises. Any equipment not removed within this period of time
shall be conclusively deemed to be abandoned by Community Health Services and shall become
the property of the County/Lessor.
21)Attorney's Fees: In the event legal action is necessary to enforce any of the provisions of this
Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees.
22)Grant Award Contingency: The Community Health Services acknowledges that occupancy of
the premises is contingent upon satisfactory and timely compliance with the terms,obligations
and provisions set forth in the Grant Award Agreement and that the parties' rights and
obligations pursuant to this Lease Agreement will terminate automatically upon termination or
cancellation of the Grant Award Agreement between Pitkin County and the Community Health
Services. Termination of this Lease Agreement shall occur upon thirty(30)days written notice
to the address set forth below. Upon termination of this Lease Agreement,Lessee/Agency shall
vacate the premises. Lessee/Agency shall be responsible to County/Lessor for the cost of repairs,
legal fees,advertising and any other costs incurred in preparing the premises for re-renting.
23)Notice: Any written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (1)hand delivery to the person at the address below; (2)
delivery by facsimile with confirmation of receipt to the fax number below; or(3)within three
(3)days of being sent certified, first class mail,postage prepaid,return receipt requested
addressed as follows:
To Landlord: With a Copy To:
Board of County Commissioners of Pitkin County John M. Ely, Esq.
C/O Facilities Manager Pitkin County Attorney's Office
485 Rio Grande PI#101 530 East Main, Suite 302
Aspen, Colorado 81611 Aspen, Colorado 81611
5
To Lessee/Agency: Liz Stark
Community Health Services
0405 Castle Creek Rd., Suite 6
Aspen, CO 81611
Fax: (970)920-5419
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the latest date written below.
PITKIN COUNTY,COLORADO:
By c )tk _,A, 1Z
Nancy N. Sundeen Date
Director of Health&Human Services,Pitkin County
By -- I?
Jodi Smith,Pitkin County 'aci ities Manager Date
CO TY I e _ SERV„ ES
Bye )p -( ?/
de
Liz Stark, •u I is Health Director Date
Community Health Services
6
CONTRACT# 6.0 9-
OUN
LEASE AGREEMENT BETWEEN
THE RIGHT DOOR
AND PITKIN COUNTY, COLORADO
Contract Number 060-12 Ledger Number 001.85.00540.84060
This lease agreement is made and entered into on the 1st day of January, 2012, by and
between The Right Door, hereinafter referred to as "Lessee/Agency", and the County of Pitkin in
the State of Colorado hereinafter referred to as the "County/Lessor".
Whereas, The Right Door desires to rent an office space in the Michael W. Schultz Health and
Human Services Building, (hereinafter referred to as the Schultz Health and Human Services
Building) 0405 Castle Creek Road,Aspen, CO, more fully described as Aspen Valley Hospital
Sub Lot: 1 Parcel A Health&Human Services Bldg, of approximately 418 square feet for 2012
and years thereafter.
Now therefore, in consideration of the mutual covenants and promises contained herein,the
parties agree as follows:
1) Term and Renewal of Agreement: The County/Lessor hereby leases and demises for the
calendar year 2012 to The Right Door the area designated as Suite 1 in the Schultz Health and
Human Services Building. Absent any termination for cause under paragraph 16 of this
Agreement,this Agreement shall be for a period of five (5) years unless either party elects to
terminate this Agreement by serving a written notice to terminate this Agreement on the other
party no later than thirty(30)days.
2) No Waste or Damage Covenant: During the period of this lease agreement The Right Door
shall maintain these offices in good shape and repair and return them to the County/Lessor in
substantially the same condition received normal wear excepted.
3) Damage to property: In the event of damage to the lessee's offices or to any part of the
building,the lessee will be responsible for all repair costs. Assessment of damage and
assignment of entity to provide the repair shall be the responsibility of Pitkin County
Facilities. Negotiation of remediation of each incident shall occur with Pitkin County
Facilities.
4) Payment: The rent is $25.75 per square ft. per year for the space rented by The Right Door,
totaling $10,764.00; however,the County/Lessor shall provide an in-kind rent contribution of
$10,764.00 to The Right Door.
1
5) 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.
6) Remodels To Premises: No remodeling or painting is to be done to premises without the
written consent of the County/Lessor. This includes any alterations to the walls and ceilings to
accommodate phone and data lines, cable service, electrical outlets and light fixtures.
Remodels will be done at the Lessee/Agency's cost unless the remodel is addressing a health
or safety issue. County/Lessor must approve any credit of cost of remodeling before work
commences.
7) Responsibilities:
1.The Facilities Department of the County/Lessor is NOT responsible to move,build, haul,
repair or dispose of office furnishings (including but not limited to bookshelves, desks,
appliances, cabinets, etc.) owned by nonprofits leasing space within the county buildings. In
the event that the facilities staff is asked to move,re-build, build, haul, repair or dispose of
said office furnishings the nonprofit may be billed for work, including time, materials,travel
time and landfill fees. The Facilities Department will be responsible for moving the nonprofit
in the event that the County/Lessor has a need for the office space occupied by the nonprofit.
2. The Facilities Department is responsible for carpets,building repairs, capital upgrades,
heating/cooling,plumbing, and electrical (infrastructure), internal painting on a set schedule,
daily trash removal and common area cleaning. Requests for additions to the infrastructure
such as new or relocated outlets, moving cables, etc. shall be evaluated by the Facilities
Manager on a case by case basis. Lessee/Agencies will be asked to pay for upgrades.
8) Building Concerns and Complaints: All calls about the physical operation of the building
shall go directly to Jodi Smith, Facilities Manager at 920-5396. If unavailable send an email
to facilities maintenance county(a,co.pitkin.co.us.
9) Non-Assignment: This lease agreement and the rights arising under it shall not be assigned
or transferred by The Right Door.
10)Occupancy Requirement: Pitkin County leases space in the Schultz Health&Human
Services Building to non-profit agencies that help further the community's access to health&
human services. In order to best meet community needs,the County holds the right to cancel
any lease agreement with a tenant that does not occupy their space and actively provide
services to the community on an ongoing basis. Any lease for office space that is not
actively used over the period of three months will be reviewed and the lease may be revoked
by the County.
11)Binding Effect: This lease agreement shall be binding upon the parties hereto,their
respective heirs, successors and assigns.
2
12)Covenant of Non-Interference: The Right Door agrees to undertake its activities in the leased
premises in a manner,which will not interfere with other tenants, and activities in the
building.
13)Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no
additional charge.
14)Phones and data: The Right Door shall provide its own phone service and Internet
connections.
15)Use of Photocopier: The County/Lessor shall supply an operating photocopying machine and
copying paper for the use of tenants at a cost of$.02 per copy. This will be billed quarterly.
16)Termination for Cause and Unsuitability: In the event that the Lessee/Agency shall default by
failing to perform,keep and observe any of the terms, covenants or conditions herein
contained on its part to be performed, as determined by the County, or the building or leased
premises become damaged or untenantable for any reason during the term hereof,the
County/Lessor shall have the right to declare this lease terminated and require The Right
Door to vacate the premises,whereupon the parties shall have no further obligations
hereunder.
17) Indemnification
Lessee/Agency shall indemnify, hold harmless and, not excluding the County/Lessor's
right to participate, defend the County/Lessor and its officers, officials, agents, and employees
(hereinafter referred to as "County/Lessor") from and against any and all liabilities, claims,
actions, damages, losses, or expenses including without limitation reasonable attorneys' fees and
costs, (hereinafter referred to as "claims") for bodily injury or personal injury including death, or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in
part,by the negligent or willful acts or omissions of Lessee/Agency or any of its officers,
directors, agents, employees or contractors, arising out of or related to Lessee/Agency's
occupancy and use of the Leased Premises. It is the specific intention of the parties that the
County/Lessor shall, in all instances, except for claims arising solely from the negligent or
willful acts or omissions of the County/Lessor, be indemnified by Lessee/Agency from and
against any and all claims. It is agreed that Lessee/Agency will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable. In
consideration for the use and occupancy of the Leased Premises,the Lessee/Agency agrees to
waive all rights of subrogation against the County/Lessor, its officers, officials, agents and
employees for losses arising from the use, occupancy or condition of the Leased Premises.
18) Insurance
A. Lessee/Agency shall procure and maintain for the duration of the Lease, insurance
against claims for injury to persons or damage to property which may arise from or in connection
with this Lease.
The insurance requirements herein are minimum requirements for this Lease and in no way limit
3
the indemnity covenants contained in this Lease. The County/Lessor in no way warrants that the
minimum limits contained herein are sufficient to protect the Lessee/Agency from liabilities that
might arise out of this Lease. Lessee/Agency is free to purchase such additional insurance as
Lessee/Agency determines necessary.
Additionally, the clause "other insurance provisions," in a policy in which the County of Pitkin
holds a Certificate, shall not apply to the County of Pitkin. The insurance companies issuing the
policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy. Any and all deductibles in the above-
described insurance policies shall be assumed by and be for the amount of, and at the sole expense
of the Lessee/Agency.
The following insurance coverage, at or above the limits indicated and including such endorsements
as are indicated by an"X", are required:
(1)Commercial General Liability-ISO 1998 Form or equivalent
County named additional insured
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Fire Damage Expense or Legal Liability $1,000,000.00
Comprehensive Form(All risks)to include(place X by applicable provisions):
X Premises/Operations
Underground,Explosion&Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Jodi Smith,Facilities Manager
485 Rio Grande P1#101
Aspen, Colorado 81611
Fax (970) 920-5285
jodi.smith @co.pitkin.co.us
B. To provide evidence of the required insurance coverages,copies of Certificates of
Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor(through
the County/Lessor Representative)no later than ten(10)calendar days prior to commencement of
operations affecting the County/Lessor. Failure to file or maintain acceptable Certificates of
Insurance with the County/Lessor 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
4
mailing),has been sent to the County/Lessor(through the County/Lessor's Risk Department). (For
purposes of this provision, "materially altered" shall mean a change affecting the coverages required
herein, including a change to policy limits as set out in the then-current policy declarations page).
C. Certificates of Insurance for all renewal policies shall be delivered to the
County/Lessor's Representative at least fifteen(15)days prior to a policy's expiration date except
for any policy expiring on the expiration date of this Agreement or thereafter.
D. The County/Lessor reserves the right to request and receive a copy of any policy and
any policy endorsement.
19) Termination: 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.
20) Removal of Property: It shall be the responsibility of the The Right Door at its own sole cost
and expense,within five days after the expiration of this Agreement,to remove office
equipment from the premises. Any equipment not removed within this period of time shall be
conclusively deemed to be abandoned by The Right Door and shall become the property of the
County/Lessor.
21)Attorney's Fees: In the event legal action is necessary to enforce any of the provisions of this
Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees.
22)Grant Award Contingency: The Right Door acknowledges that occupancy of the premises is
contingent upon satisfactory and timely compliance with the terms,obligations and provisions
set forth in the Grant Award Agreement and that the parties' rights and obligations pursuant to
this Lease Agreement will terminate automatically upon termination or cancellation of the Grant
Award Agreement between Pitkin County and the The Right Door. Termination of this Lease
Agreement shall occur upon thirty(30)days written notice to the address set forth below. Upon
termination of this Lease Agreement,Lessee/Agency shall vacate the premises. Lessee/Agency
shall be responsible to County/Lessor for the cost of repairs, legal fees,advertising and any
other costs incurred in preparing the premises for re-renting.
23)Notice: Any written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (1)hand delivery to the person at the address below; (2)
delivery by facsimile with confirmation of receipt to the fax number below;or(3)within three
(3)days of being sent certified,first class mail,postage prepaid,return receipt requested
addressed as follows:
To Landlord: With a Copy To:
Board of County Commissioners of Pitkin County John M. Ely, Esq.
C/O Facilities Manager Pitkin County Attorney's Office
485 Rio Grande PI#101 530 East Main, Suite 302
Aspen, Colorado 81611 Aspen, Colorado 81611
5
To Lessee/Agency: Mike Campbell, Board President
The Right Door
0405 Castle Creek Rd., Suite 1
Aspen,CO 81611
Fax: (970)920-7540
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the latest date written below.
PITKIN COUNTY, COLORADO:
�= ' . � �� S ' ZZ- � �-._.
By
Nancy N. Sundeen Date
Director of Health&Human Services,Pitkin County
"...
By
•
Jodi Smith,Pitkin County Facilities Manager Date
THE RIGHT OOR
By: 16.1
Mike ampbell, Board President Date
The Right Door
6