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HomeMy WebLinkAboutbocc.con.068.2012 MAY-15-2012 TUE 05:26 PM YOUTH ZONE GLENWOOD SPGS FAX NO, 9709458924 P. 02 101��N CONTRACT#c ( a `/ UN's ( LEASE AGREEMENT BETWEEN YOUTHZONE ANDMPITKIN COUNTY,COLORADO Contract Number 068-12 Ledger Number 001.85.00540.84011 This lease agreement is nnide and entered into on the 1st day of January, 2012,by and between YouthZone, hereinafter jeferred 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 r,.snt 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 of the mutual covenants and promises contained herein, the parties agree as follows: 1) Term and Renewal of Aureemt,nt: The County/Lessor hereby leases and demises for the calendar year 2012 to YouthZcme 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 party no later than thirty(30) days. 2) No Waste or Damage Covenant: 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) Rama eg_te propemr_ 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$2,652,00; however,the County/Lessor shall provide an in-kind rent contribution of $2,652.00 to YouthZone annually for S-years. MAY-15-2012 TUE 05:26 PM 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 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 T..essee/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 o:('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 non-profit. 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: 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(nico.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: Piticin 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)Bindi.ng:Effect: This lease agreement shall be binding upon the parties hereto,their respective heirs, successors and assigns. MAY-15-2012 TUE 05:26 P11 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 v nants 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 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 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 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 necesi>ary. 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(AU 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 PI#101 Aspen, Colorado 81611 Fax (970)920-5285 j odi.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,As 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 expi 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 YouthZone 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 Pitldn 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. 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 Pitldn County Attorney's Office 485 Rio Grande Pl #1.01 530 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.►thZone 80:i School Street Glenwood Springs, CO 81602 Fax: (970)429-1.448 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. PITKIN COUNTY,COLORADO: cy.NancY Sundeen Date o Director of Health &Human Serviccil;, Pitkin County By Jodi Smith,Pitldn County Facilities Manager Date YOUTHZONE L, , , inn,,.e 1 I4 ate 15• YouthZonc lZ .t r0 ett ..