The URL can be used to link to this page

Home My WebLink Aboutbocc.con.070.1978 .�„w .�_._. _ �;: _ � f�R , �,. •. ,, . .. . • ,, :ii. . �}j:. ��t� ' � "" 5UBLEASING AGREEMENT • �; '.s; � �o �-7�� y, ;� This Agreement made this �� day of n�''t , *`� 1978, by and between THE BOARD OF COUNTY COMMISSIONERS OF �,, PzTKIN COUNTY, COLORADO (hereinafter "Sublessor") and SNOWMASS i;� �� RESORT ASSOCIATION, INC. (hereinafter called "Sublessee") . _'�''"`"� W 2 T N E S S E T H: f;. :f �;� • WHEREAS, the Sublessor has, by separate agreement, arranged �+,^ - �' for the leasing of a certain vehicle from Northglenn Leasing, �� Inc., under the terms and conditions of a certain contract k:; �f:• �'� dated July 1, 1978, and #;: ,j5� WHEREAS, the Sublessor wishes to sublease the same to the .,�� ^Y Sublessee under the terms and conditions hereinafter specified, '� NOW, THEREE'ORE, in consideration of the mutual benefits tri'. ;� to be derived herefrom, it is agreed by the parties as follows: s,�. 1. Vehicle Subleased. The Sublessor does hereby sublet � ..Y� to Sublessee the following described vehicle presently located in Pitkin County: 1978 Dodge B300 15 passenger Van, Serial # B 36BFBK147170; to include 360 C1D 8-cylinder engine, auto- matic transmission, power brakes, power steering, dual outside �� mirrors, 8.00 x 16,5E 8 stud disc 10 PR black radial highway ' � tread tires, 7700 lb. GVW pkg., saddle trim set, and auxiliary `y heater. 2. Term and Rentals. This Sublease shall be for a term of ,. ' ;�' thi.rty (30) consecutive months, beginning on the date of execution. •�: f,, Sublessee shall pay to Sublessor the sum of $314.�6 pes month, � which payments are to be made in advance and without deduction, � setoff or counterclaim, on the first day of each month to the �� a� Pitkin County Transportation Department at 506 East Main Street, � 3sv Aspen, Colorado. Any payments not received within 15 days of � �� due date shall be subject to a late charqe of 5$ of the total � payment due. ��, In addition to the rental payments herein required, � . , <'� � Sublessee shall escrow with Sublessor a deposit in the amount of ;� � $300.00 as security against any and all damages or loss that :y{ � may accrue to Sublessor by reason o£ any failure of the Sublessee '� !� ,;�yt f: �-{ %A to comply with the terms of this Agreement. ? �J ;n - `� `f1. ��,.�;�"� r,� ts-;-r.: -_ �..�..,...��.-..�.�_�., _ -_ ' V 7 . � . t. ��'�'S,�i: . . . . . ' .� �.� J �. .. . � . . . � � .... -. .�. ..:..... .-.... ,.. .... .......:: �,- . . . ,';.. �.... ..,. -� �, �j'. . �"�i' �: � k � 3. Maintenance and Repairs. Sublessee shall keep and ;<, ; � �'r£? maintain the vehicle in good operating condition and undertake any � •�; � maintenance required to insure full validation of the manufacturer's � ;!:_ ;�3� warranty. Sublessee shall be responsible for the cost of all xr ��',>'-� gasoline, oi1 required between changes, and all washing, �� polishing and storage, co the extent necessary to maintain the �'; �� vehicle in qood condition. Sublessee shall maintain proper } "� oil, battery and cooling levels and protection against freezing � :,� of the radiator and engine. Sublessee will not alter or adjust �� ;,-�; the Odometer, Emission Control Equipment or, any items that �� may nullify the manufacturer's warranty on the vehicle. Sub- . �� lessee will pay for all maintenance not covered by the manu- :� . ��;� facturer's warranty. 'f� i�� 4. Insurance. Sublessee agrees, at its cost and during `�� the full term of the Agreement, to insure the vehicle against � E loss and liability in an amount and by companies satisfactory to 'x" th�Pitkin County Director of Finance. Svblessor shall be named �'� as an additional insured and loss payee on such polioy, which shall, in addition, be endorsed to protect Sublessor and '�< Sublessee as their interests appear. ;� Sublessee, its agents or employees, shall comply with • all terms and conditions of said insurance policy, including �s the immediate reporting of accidents, and do all things necessary � x ;,��, or psoper to protect or preserve the Sublessor's rights as a :� ,� named insured. ,_� Any insurance required hereby shall be endorsed to ,�;' provide that the Insurer will notify Sublessor immediately in 'i - the event the insurance should be materially altered or cancelled, and Sublessor may (but shall not be obligated to) secure � necessary insurance protection at Sublessee's expense. � 5. Taxes, Licensing, Registration. Sublessee shall pay � the costs of licensing and registration of the vehicle, and any � and all costs and/or assessments, fees and charges imposed on � ,i � or in connection with the vehicle subleased pursuant to this '�# � Agreement, � F yt a T � �� -2- � ?=i =i ;i:'., . � ��a<_ �..�[�.H.Y�.. . . 1,..l. � __., ��;�*-. ` ' :�:;:' . : _ . . . „. . � .. . . . . . ___ � ai• +'�t�. ) � . a FS 6. Li.mitations on Use. Sublessee hereby warrants that � the vehicle covered by the provisions of this Agreement will be � used primarily for aqricultural, business or commercial purposes � or foz a Government or Governmental agency or instrumentality or for an organization. Sublessee shall permit only safe, careful, licensed and authorized drivers to opera�e the vehicle. Sublessee agrees upon written complaint from Suhlessor, specifying '� any excessive collision claims or an indication of any other � � incompetence by or of any driver, that Sublessee will immediately 'L take such action as is necessary to correct these conditions. �'-� The vehicle shall not be used for hire and vehiale use shall, � :;;'. except with written permission of 5ublessor, be confined to the 4i United States and Canada. Sublessee sha11 not permit any Y��-: vehicle to be used in violation of any federal, state or �: :"� municipal statutes, laws, ordinances, rules or regulations ,t,� or contrary to the provisions of any applicable insurance ''� policy and Sublessee shall indemnify and hold Sublessor harmless �: �; from any and all fines, forfeitures, damages or penalties �y �� resultinq from violation of such laws, ordinances, rules or ,51:t ,�.�,� regulations. � 7. Indemnity. Sublessee shall defend, indemnify and ;� hold harmless Sublessor and the officers and employees of � ;�:� � y Sublessor from and against any damage, loss, theft, or destruction k of any vehicl.e, and against all losses. liabilities, damages, �� - � ,yX injuries, claims, demands, costs and expenses of every kind � • � and nature whether or not covered by insurance, including legal � �- (�� fees and disbursements, arising out of and in connection with r� the use� condition or operation of this vehicle duzing the �: u: lease term. �'x �� S. Sublessee's Dama es. Sublessor shall not be responsible �� rf to Sublessee or to its agents, servants or employees, for the � w,� time lost in the repairinq or replacing of the vehicle, nor for '�• ��1 4� any loss, injury or damage arising out of or relating to � � � Sublessor's failure to deliver the vehicle pursuant hereto by ; :� � �i —3— _ �r :a ;;' -� .. ='�a:''.;i;i�� _ I 4 wid/' �*3'r7M ��fJ ` . Si��:r. ',:2;; i�'s.,— ' � __...: . ._.. - ,��. ��: i, �k��'� � �� ,� � � reason of strikes or other causes beyond the control of Sublessor, '� � nor for any other losses or damages sustained by Sublessee � hereunder, except as specifically provided in Sublessor's undertaking � � _ in this Agreement. It is expressly understood that Sublessor ; assumes no liability or responsibility for any acts or omissions of Sublessee or of Sublessee's agents or employees, or for any property of Sublessee, its agents or employees, or any other person's property damages, lost or stolen in or from the vehicles. � k 10. Default. Time is of the essence of this Agreement and in the event that Sublessee fails to pay in full on the date due any rental payment due hereunder, or defaults in the per- � formance of any of the other terms, conditions, and covenants � contained herein, or in the event of Sublessee's Yiankruptcy or � insolvency, or if the leased vehicle be levied upon or encumbered � in any way, or i£ at any time, in the exclusive judgement o£ t" Sublessor, its rights in the leased vehicle it� any way shall be � :� prejudiced or rendered insecure, Sublessor shall have the right to �� L take immediate possession of the vehicle wherever found, with or "' without process of law, and to terminate the lease with the � �3 t:� respect to such vehicle, and Sublessee expressly authorizes �:;, �:. Sublessor and its agents to enter on any premises where the � ' vehicle may be found for the purpose of repossessing such '��0. �"s ca.: i:ti' vehicle and expressly waives any further interest in the vehicle _; ;'i and any right of action arising out of such entry and repossession. `� Sublessor shall not be liable in damages for any termination ��; r;., + pursuant to this paragraph. Sublessee shall, however, upon a f�` termination pursuant to this paragraph be immediately responsible for the payment of all amounts due under the lease aqreement through the date of termination, for the loss (if any) resulting from the sale of the vehicle (with the gain, if any, to be t.i. applied by Sublessor to the payment of amounts due under this paragraph), for liquidated damages of One Hundred Dollars ($100.00) to compensate the Sublessor for the i,nconvenience -4- I �y�=x''�`+��' S.i�•.�.+;e�;;< � _ ,_,..,.,.., E:;::w�j�=• - >.�:�,i�•;';a „'�b, ,. - +-R'� , ��..2 Yt�1 V �'��.� �'.�. 1 .� .i ;� and expense o£ the default termination, and, in addition to � °::i � `� the above, for any specitic damages Sublessor may have sustained :� ?; ,��;� as a result of Sublessee's default including, but not limited � . � �a to, out of pocket costs of repossession and attorney's fees. IE � `=� � � Sublessee fails to accept delivery of any vehicle ordered � ?] hereunder, Sublessor may retain the security deposit as liquidated £ � 4 damages. <::: 10. Purchase on Termination. At the end of the term of � this Sublease Agreement, if the Sublessee shall have made all payments required hereunder and shall not otherwise be in _ default hereof, Sublessor shall convey the vehicle which is the C subject of this Agreement to Sublessee without additional � �4 consideration. � ,� 11. General and Miscellaneous. This instrument constitutes �. the entire Agreement between the parties hereto and shall be `� � s.� binding on their heirs, executors, administrators and their ;� z�: legal representative, successors and assigns. Sublessee authorizes `� �:� Sublessor to apply to the payment of any sums due Sublessor �<; :�_ hereunder as rent or otherwise, any security deposit or other ;} sum of money belonging to Sublessee, which may come into Sublessor's possession. This Agreement may not be amended or =* altered in any manner except in writing signed by both parties. la No forebearance to exercise any rights or privileges under this Agreement or waiver of any breach oE any of its terms shall be `� construed as a waiver of any such terms, rights or privileges, but the same shall continue and remain in full force and effect the same as if no such forbearance or waiver had occurred. - Neither this Agreement nor any interest herein may be assigned by Sublessee without the prior consent of Sublessor thereto in writing. This Sublease or its interest or any rent due or to become due may, however, be assigned by Sublessor without consent of Sublessee, but subject to the rights of Sublessee hereunder. This Agreement shall be interpreted under and governed by the law of the State of Colorado. If any provision _5_ £r:cn�F?�c•;i�-- . . . .. . �. . . y��y:: _.__��, .,.�._....._�__ `�si'c'�-x,': - �_ �1 a•� . ' , ., r' ,_ : , _ _ . . . �. �......... .,.. .-..r.:.... .Y... . :..:. . ,:. � .. ..-. .... ......._. .., .._�, n. .� ' .} : Q:• }. . . . . . . . . . . . . � �. . :$ . � - . � . � � .. . - . . ; . . . � � ' - . � R . . . . . . .. . ; hereof or �he application of any provision to any person or circumstanaes is held invalid or unenforceable, the remainder hereof and the application of such provision to other persons � or circumstances shall remain valid and enforceable. Any notice given by one party to the othex under this Agreement shall be given in writing at the address of the other party as may have been furnished in writinq for such purpose. � IN WYTNESS WHEREOF, the parties hereto have executed this � Agreement as oP the day and year first above written. � � �'�j� TIiE BOARD OF COUNTY COMMISSIONERS ti : ��s ' OF PITKSN COUNTY, COLORADO C,:��i1,• Yi �� „ � By � � r '.,�,: f,�,�j.f��;(,�; Robert W. Chil , Chairman � Deputy,_;C3:erk:anc� Recorder � � � •- r:, j r,":;"�. . . SNOWMASS RES(JRT ASSOCIATION, INC. ATTEST:` � � . By (G-.�.�- �� APPROVED AS TO FORM: �� County AtEo�Y ' . _6_ n I. _ _ � � . . , � � s� �, � _...__ , :....:.... . . . , , . _ • aF ��.��