HomeMy WebLinkAboutbocc.con.065.2012 ./t1
CO U N rf it'
CONTRACT#06,
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.
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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 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.
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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
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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
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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
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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 r v Qo (A. to .13 • �Z
Nancy N. Sundeen Date
Director of Health&Human Services,Pitkin County
By _ ) (i9 H3" )Z
Jodi Smith,Pitkin County Facilities Manager Date
ASPEN C• SELING C TER
By:
Sharon Raggio, CEO lb • Date
Colorado West Regional Mental Health Center, Inc.
Aspen Counseling Center office
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