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Home My WebLink Aboutbocc.con.083.1982 -_____ .__ „�, _ ,.�..___.__ _ � • . r�d k". � � r � , ��a+'�� ,� �� „;.-�.c y� ��1� � � .. .. .�C^.�,.+i�.��.�.5.�.9r!1-._'..�bn.« h...c..:.'t�a..�'i,'..t�.'�:�1��L't'.'.�:��R"a�`!�...`��ls:d.^��t�.��'�'s�r7A,�3�'9` :��'�tlin+�d"i!'�X:'4.t�-' 4:;' � � . �,. . __ .MN 11 pj�.i ' L�AS� AGRE�MCNT ��" CA 83(82) "'.� THIS AGREEMENT made and entered into this 13th day of December -f 19 82 , by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, (hereinafter "Lessor") and Aspen MenCal Healtlt Clinic hereinafter "Lessee") : - ��:. 3: � W I T N E S S E T H: WHEREAS, the Lessor has constructed the Pitkin County Co�nunity �' Center and Lessee, a public service organization, wishes to lease office �. .:c,; ��. space in the Center under the terms and conditions hereinafter specified �^�; NOtJ, THEREP'ORE, in consideration of the mutual benefits to be derived �� herefrom, it is agreed Uy the parties hereto as follows: � i<i c.. �:..: ;�r. 1. The Lessor does hereby grant to Lessee under the terms and �i �; �+�.'- provisions of this Lease Agreement, the exclusive use of the following � µs. �' described area (s) of the Pitkin County Community Center: a�! �: ,:�;� Rooms 105 through 110; Room 117 ,r�. � ��' to be shared with Cl�S; AMEIC will �±�:�� pay 1/4 of the room rental on Room 117 �� 7�` .i'•' � ._ � - �'� ..;.;� Provided, however, that the Lessor may designate a different office space 'i '? than that herein let and request that the Lessee move tq said different space, so Zong as the size of the space is �roughly equivalent. �'r In the event of such a move, a1T other terms and conditions of this ;t.. � Agreement shall remain in full force and effect. 2. This Lease Agreement shall be for a term of one year �, commencing on January 1 ,19 83 , and terminating on December 31st , 19 83 . 3. The rental for the office space herein let shall be valued ;;i°;; r�.�r;' . at $658.83 1/3 per month, or $7,9Q6.00 €or the entire �, .:, �'�. term of this tenancy. In lieu of payment of this amount..to the Lessor, l��{ � . fyy;�y'��. i 17� " the Lessee, shall, as consideration for this Lease Agreement, pzovide :�3< 't:+� j the commimity health services to Pitkin County described in Che ��; 1983 Co:lorado �aest P.epional With the Lessor. ,,: Mental Health Contract .�... � t :�:.i�`• - ---_ ....i _.,__� _. . .:i;1:�'Sr7��k. , ' • � 4{ j!(4�.,.'�:. . �.. � �°�'`�a ,. .. � .� � , �— (�py,c� y{�- ��y.� �[ �'Ni-�,a��r� �� `4'��'"'h�ndP,��'1!�3;.V�'.��" ' .i' . 3� L ia�4�..�i�, , . --�'_�,.....+.-Yt SSa nin.��i,�_n f.a�..,a.. a� �l: nl :o..... ..i:r. �i s_��.,t y x:so` .'r„n 6. ��7•�• ` r,_ f�'i:. ��, � 4. The Lessor shall supply, and assume the cost of y water, electricity, trash removal and snow removal, provided �x however, that Lessee shall assume the cost of any and all electrical circuitry, telephone and teletype apparatus it may install. Lessee �� shall pay any and all personal property taxes assessed on the t'�a; , ;i?.; ^� premises except those attributable to improvements made by the �� t. CounCy (which cost the Lessor shall assume). �,.� r;: 5. Lessee is granted use of the areas hereinabove described f;� T` for the purposes normally associated with the operation of an �F:, %�:. + n�� office by a public services organization. Lessee shall make no �; t�r. other oz different use of the premises (including, not by way of � limitation, commercial use) without the prior written approval of `•t the Lessor. �`; ,;- i�: 6. Lessee is granted reasonable use of the non-exclusive :�'. "� areas of the Community Center including public rest xooms, corridors, �, � ha11s, entry-ways, 'parl;ing area and public meetinp, rooms ; the parties ' �a `4,. shall mutually agree in advance as to what is a zeasonable requested �=: use of those areas desi�nated as public tneeting spaces. �'�r.?�� 7. Lessor a rees to rovide, on a dail basis, routine � E.. & P Y 5,,�:i .t r 4; custodial care of the exclusive and non-exclusive spaces of the � premises including when appropriate, but not by way of limitation, � ,, sweeping and trash collect,ion. �; 8. Lessee agrees that no signs or advertising displays « sha11 be painted on or erected in any manner upon its premises without the prior written approval of the Director of the Co�unity Center and that signs identifying Lessee will conform to reasonable standartls=estatilished by L-he Director with respect to type, sign, ?::-r;- �*� desif;n, condition and location. ;-�:. 9. If by reason of any cause Lessee's exclusive ox non- �^_ , � ��:..,: "t.=;.�';;. exclusive spaces are damaged to such an extent that such premises �,_��.•,� ��;;;;. are untenable in whole or in substantial part, then: '' � ��:; (a) The Lessor will make all reasonable ef£orts to provide t�. substitute facilities within the Cotmnunity CenCer and t?` . such substitute facilities will be made available to �, Lessee in accordance with the rental provided for �� '; herein. � �� F i 1 1 �=a` � - G .m...._.._.._.,__�.___.. ...__._,.._._... . .. ::�T�"p q��-;. � � ' t t'f��,�'� � . . . . �rk;�� .:'iR�`:...,-.�;�Y rwVi".�".•��. C��a`�.�.A...a�5��,�'��'?�':C`3=,��..��:�a��"�S.�,aa+«� ��iw..:f�� _ '•'h i,� .�� :fk:lv��'V � .,.��, y �'`IS..(.. nf?:�•�: i .y (b) If the repairs and rebuilding necessary to restore such premises to the condition existing prior to the occurrence of the damage are in the 4ia:ay . reasonable judgment of the Lessor }ustified in [�.: the light of existing or contemplated construction ��''' �. programs, and can be completed within ninety (90) days from the date on which the damage occurred, the ` Lessor shall so notify Lessee in writing and shall � �- .. �; proceed promptly with such repairs and rebuilding, � and, in such event the rental therefore shall be � abated pzo rata for the period from the date of � the occurrence of such damage to the date upon which �. ; said repairs and rebuilding are completed. � . ,'• (c) If such repairs and rebuilding are not, in the G� �? �: .: � reasonable judgment of the Lessor, justified in the :� � light of existing or contemplated construction :? `; , c,.,.�.' programs, or if they cannot, in the reasonable ` judgment of the Lessor, be completed within said ��: E. . Rt ninety (90) days, the Lessor at its option, to be evidenced by notice in writing to Lessee, may �'' I�'�;: _ either (1) proceed promptly with said repairs and rebuilding, in which event the said rental shall be abated as aforesaid, or (2) terminate the letting ��;, ;`,:°$`.` � thereof, in which event the said rent therefore j:�±,�;:<, .�. . shall be abated from and after the date of the i�;�z i�� occurrence of the damage. 10. Lessee covenants that at the expiration of the term hereof or at the earlier termination of the letting thereof, N, '?" t;;�`':.;,_", it will quit and surrender all such premises in good state and t:�'• �.?� condiCion, reasonable wear and tear, Acts of God and other casualty w��. excepted and Lessee shall at its expense forthwith remove thezefrom K� � all equipment, trade fixtures and personal property belonging to it. �,. �. The Lessor shall have the right on such termination, to enter upon � . e and take possession of such premises, with or without process of � e law, without liability for trespass. - 3 - � �::,'' _..._._�_ �___�_.��.�_- . tt'4��!. � . ;.l ` . .,�,�.,., � �tR , a r:^�x �- 1 t.. �*G'i. ,��t�r-f'••,. .�'�+i5 ��it ��.'��Y�;,. :s u . �fi`�J��^"?C�s�J%dti t*r.l; f)r^7.:�Tu"; " V7• is"f'. .'��.,k' �.�;�; � r_��a i:;i'. ,. �::; �`� r:. ;� Should Lessee hold over the use of or continue to �::d k�;� occupy any such premises after the termination or cancellation k;.? �:�:.. ;�<;i of the letting hereof, such holding over shall be deemed merely y'�,"r-:3 a tenancy from month-to-month upon a monthly rental in an amount `*`' �' ✓'� S�: equal to the monthly rental required to be paid for the month `; �.� �: next prior to such termination or cancellation, and otherwise , �� i (except for the term thereof} on the same conditions as herein F�°` � or hereinafter provided. 5� � ''-� 11. All notices required to be qiven to the Lessor �` hereunder shall be in writing and shall be sent by certified �. mail, return receipt requested, to the Director of the Community ` Center, 0100 Lone Pine Road , Aspen, Colorado 81611, with a �' copy to the Board of County Commissioners of Pitkin County, k.:•• ` �. � Colorado at 506 East Main Street, Aspen, Colorado 81611; all � notices required to be given to Lessee hereunder shall be in `�•�� writing and shall be sent by certified mail, return receipt - ii � � �,=� requested, addressed to n��'Jorie Raphael, P.O. Box 2330, i a: � � Aspen, CO 81612 , provided that the parties, � ' �'; ��. • or either of them, may designate in writing frorn time-to-time the �. •� Y addresses of substitute or supplementary persons in connection ; � � ; with said notices. The effec.tive day of service of any such +!� notice shall be the date such notice is deposited in the mail to Lessee or the Director and Board of County Commissioners. ", �` . ; 12. Lessee agrees to xelease and to indemnify and save harmless the Lessor, its officers, agents and employees, from and against any and all loss of or damage to property, or injuries to, �: or death of, any person or persons, including property and �� ;s:; officers, employees and agents of the Lessor, and from any and all claims, damages, suits, costs, expenses, liability, actions '��`.s � �;.i_ t:."�''. or proceedings oE any kind or nature whatsoever, of or by anyone �r. 3 '` �� . whomsoever, in any way resulting £rom, or arising out of, the �� negliqent acts and omissions and wrongful conduct of officers, � . employees, agents, contractors and sub-contractors of Lessee. f � � �, � � � � ( - 4 - , �r.,;��., � . _. i __ __ _ i.`�C' y -:,':?;F?rt', . ct. � . .'s��. �M. ..;... .. ,�,... . ,..� ._. ,,; r� . . . _.. _ .. .. . _ .. �.:?R..s�?�:�e#'��'�t�f ?i�,tig t^...!p �. - :' ' . . -„�'C��'D.�YLi:.!'�ikvs^S`•�'if's"Z��f"�'�'�.�1�„ i � .: � - . r[..;,: . � 1 �`i. ;'i A;' =r;:� 13. Lessee agrees that at all times during the term �I hereof or any extension hereof, it shall maintain in force such !',;� F_� bodily injury and property damage insurance that it is required �; to have for its operations. All policies of insurance so main- w�� tained, except Workmen's Compensation insurance, shall name the `` � �: f.�'';'. ,,, �,, i.� County of Pitkin, State of Colorado, as a co-insured thereunder. �"' 9:: ,6,a.: . r � Lessee further agrees to provide certificates satisfactory to ' �:: the Lessor of the kind and amounts of said insurance coveraqes reflecting that the County of Pitkin, State of Colorado, is a co-insured thereunder. � ` � 14. As a condition of this Agreement, Lessee agrees to cause its officers, employees, permittees, licensees, and any other persons over whom it has control to obey and comply �" with all existing and future 1aws, and all lawful directives, ' conditions of certificates, and rules and regulations adopted, �', 4 promulaated, or ordered by the State of Colorado, or any of its ? .�r�'� acencies or political subdivisons including, but not by way - of limitation, the reasonable rules and regulations of Pitkin ! r<: , . . ,� County and the Director of the Community Center, all as may �� affect Lessee and its operations and activities in and at the Pitkin County Community Center. � . , 15. In the event Lessee shall file a voluntary petition � � in bankruptcy or that proceedings in bankruptcy shall be insti- � tuted against it and Lessee thereafter is adjudicated bankrupt `' d . pursuant to such proceedings, or that the Court shall take jurisdiction of Lessee and its assets pursuant to proceedings '�i` . f;: brought under the provisions of any Federal reorganization act, �` ,�� :� or that a receiver of Lessee's assets shall be appointed, or �; t;' that Lessee shall be divested of its estate herein by other �"� operation of law, or that Lessee shall fail to perform, keep and �`';�, : :a:':::"` observe any of the terms, covenants or conditions herein contained, ;j on its part to be performed, the Lessor may give Lessee written ;; � ;j notice to correct such condition or cure such default and, if any � ' such condition or default slaall� continue for ten (10) days after � ! �, .R� ,J� - 5 - I � ['�-. � �.� .,�.w� . ____... , :!�., � �;�_�[�1. ' :::�t�,��. '=V a �j t �� 2��t`PCLc��•d'7lF��F+M ,�i_�l.�3'�''�.13�i'*� ��35� �d.N'_��,�@� ?.= ��,,��+<..r i,.i, �� _:.T'.:�)�k;q W�':.��u,. . R1��MF'_=_6_-�'��-..__�..��.��'4d1� �-��p'�' a`�!`� ��.. �s,�s.a+ti.',-.s l. • . ' ��t'r. �A.... . • ~� �� .� the receipt of such notice by Lessee, the Lessor may, after the F! receipt of suth notice by Lessee, the Lessor may, after the lapse of said period and prior to the correction or curing of such � condition or default, Cerntinate this Lease Agreement by ten (LO) �-' !� days written notice. In the event Lessee has undertaken action � to correct such condition or cure such default, and the same can be e� � cured, and is proceeding expeditiously thereat, this Lease Agreement � f � �,`. A� sha1Z not be cancelled (except for non-payment of rentals due). �- 16. Lessee may cancel this Lease Agreement in the event � '%� of a breach by the Lessor of any of the covenants or agreements contained and the failure of the Lessor to remedy such breach for ,� a period of fifteen (15) days after receipt of said written j:'� notice of the existence of such breach. Provided, that,if Lessor has � ` undertaken action to correct such condition or cure such default, and same can be cured and is proceeding expeditiously thereat, �. this Lease Agreement shall not be cancelled. ` 17. Lessee understands and agrees that the assignment ,� or transfer of any rights or promises granted �der this Agreement �� i:7 shall be made only upon the specific written permission of the , �� Lessor and accordance with the terms of this Lease Agreement. 18. No waiver of default by either party of any of , ; 4: the terms,covenants or conditions hereof to be performed, kept , � and observed by the other party shall be construed, or operate � as, a waiver of any subsequent default of any of the terms, ' '''�. covenants or conditons herein contained, to be performed, kept � and observed by the other party. �` `t 19. This Agreement, shall be deemed to be made in and t construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOr, the parties have executed these pre- � sents by their duly authorized officers on the day and year "` first above written. .. �� "r,. - �� LESSEE: LESSOR: �.; The Board of County Cornmissioners of Pitkin County, Colorado, �, • � + 1s � „ . _ - �;�_>, ,,..: �;'�; + - Attest: Attest: r' ,r co�..A:��--:t�.�:_� � - --�-- - � � Approved as to form: �/ � � � ; .'�.:;��::;?^- �