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Home My WebLink Aboutbocc.con.041.1981 ;: . ___ ... , �.�: t; . E�, �< �,� p' � F'r'i . . F�� '.`�S"wuu i�"'�i.'�ii�`�.;fa.`�.e.�:im.�4�cn'a1S-:c��f��. ......��.a,_i.x�..'.�rc.�vri:l�'ti ��a.�'�'4��eG._{�...,.�?j -r;.�.r-��:::ci:::�Yrl:...,,,� ��.� n RECORDED AT 9:30 A.M. 9 JUNE, 1981 LORETTA BANNER, RECORDER �'��'!�x�,�j'� �'Sr:....': ry �� 't.,., . _ t.-r,.,+-.'.' �;Hl��::.,'.:. . •�- i�i�3S8 V LEASE AGREEMENT fl�OK�O� Pt;�[�� CA 41(81) THIS AGREEMENT made and entered into this 26TH day of MAY , ' _,._._�.._. ' ' � � �r9$1,'by 'ari3 'betwe2n-THFs-B4ARD_QF.(.O.UNTY_GOMMISSIONERS OF PITKIN COUNTY�, . COLORADO, hereinafter referred to as "Lessor" and the REDSTONE HISTORICAL SOCIETY, hereinafter referred to as "Lessee": ' S WITNESSETH: ' WHEREAS, Lessor is the owner of certain real property located within Redstone Colorado, more particulary described as Lots 1-9, Block 2 i Kistler Subdivision, � Redstone, Colorado; and � , WHEREAS, the Lessee has acquired and placed on said real property, !' a structure to be used and occupied for museum purposes; and WHEREAS, the Lessor and Lessee wish to enter into this agreement � �� for the continued use of the real property for the operation of a t;il public museum, all as hereinafter provided, � � �;,r�j NOW, THERk'�FORE, in consideration of the sum of One Dollar ($1.00) � 1 and other good and valuable consideration, the receipt and adequacy of ��:'� i� �` which is hereby acknowledged, the Lessor does hereby grant a nonexclusive ��3 lease to Lessee of so much of the above described real property necessary for, and for the installing, constructing, reconstructing, repairing, maintaining and operating an historical museum, (and providing reasonable �: access thereto) under the following terms and conditions: • -,- � l. This agreement shall be for a term of one (1) year and shall .• � be automatically renewable for an unlimited number of like terms, unless and until it shall be terminated as hereinafter provided; � 2. Lessor agrees to waive any and all interest in any improvements � installed or constructed by Lessee pursuant to this lease; i'� provided, however, that in the event of termination of this lease, Lessee shall remove all said improvements and return the real I 1 property to its condition prior. to the installation and � construction of the same (reasonable wear and tear excepted) . � i 3. Lessee agrees to maintain its improvements in a clean, orderly and safe condition; and to remove snow from those areas which are � provided by Lessee for use by the public. i 4. Lessee agrees to install at its expense, any improvements and/or � utilities necessary to serve the mususn (other than those in place on the date of this agreement). No improvements shall ;r; _ 1 _ �.. , . s:, '�..''';wy.;i; �',''�'`c,a c. :� � �{ a . . .:�4; ,� - I .hn'v. ;�' , . � pt � 7'�� ' k i� ': 1 ; �{ . �� '.�M3�S'�rfGt`�1�'tt':W�t]hYi.YfG4�eaNtS'di<:c�.lf. _..... ..,.._.�e.f.•�.F�r,:fS'w:�NJ`r.'1'FibK!�11^:i�l"rC.^....'��'•^"`r�d.4!?S"•Y�+...'�':_.a._c__-.^.+�ensw--i �' . .. ��5•p)E�{:; �� 7 7� 1��....'?. �c�c4�� ,.;��5�6 ��:�:::::. �� `�'��`. . � be constructed or installed without the prior written �{ �-, approval of the County Manager. ...__..__._ . _...._......._.....__...5. __i7esso-r•-is--gran•ted.uneanditional..ri.ght..o�.entXv to_.the_ ` _ ...._..T_�......._.__....:_�_:.._.._.. premises for the purpose of inspecting the improvements � and to insure compliance with the conditions of this agreement. 6. Lessee agrees to release, 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 � employees or agents of the Lessor, and shall defend, indemnify and save hazmless the Lessor, its officers, agents and � . �: employees from any and all claims, damages, suits, costs, expense, , liability, actions or proceedings of any kind or nature what- �. soever, of or by anyone whomsoever, in any way resulting from, • � or arising out of, directly or indirectly, its operations in � ,� connection herewith, or its use or occupancy of any portion o£ �,.��'- the real property, and inciludinq acts and omissions of officers, � #t:,i ;. employees, representatives, suppliers, invitees, contractors i� �.�"�' ; �.;. and agents of the Lessee; PROVIDED, however, that the Lessee � �';`: need not release, indemniEy or save harmless the Lessor, its � � officers, agents and employees from damages resulting from � � � the sole negligence of the Lessor's officers, agents and employees. 7. Lessor may terminate this agreement on thirty (30) days written _ notice thereof, under the following circumstances: (a) In the event Lessee sha11 cease to exist, or use the �t premises exclusively for an historical museum; or should exclude the public from access to said museum. (b) In the event Lessee sha12 breach any terms of this agreement and, after three (3) days notice thereof, fails � to remedy any such breach of the terms hereof. (c) In the event that Lessor shall determine to put the � � real property to a use inconsistent with Lessee's ' use of the premises. (d) In the event the Lessor shall in its soZe and exclusive � f discretion,with or without cause, determine to terminate ,� this agreement. .- _ Z _ ,�" - , . �?�;,,,•:...: . . *��'��f y,.:.�;;;:,: _._._ ^ ,., .� �; : ,� � f�� §;�� , ,,; . �� - .� ..� �.� ...__,..._._ ..__�__._�._-y _..._. � ...._._.---•._.___. . .... __..._..--.. , _.._ .__�.._...__ -- . . _. _...----.....� _.._. ...._.�...____..._. �sa. �'� �' ��,� ;:' ;L'QOl(°d�U� �Ff�U�?J.S�:1 „s`?'S. .: �;.� . `a 8. Lessee agrees to pay promptly all taxes, excises, license ( �s� ..._._..._�;�._....._.._._.._._____.____......fees..,and._.=.nexmi.�•-f�e�s.-c-f._whatever .natu��.,__�P-R-]i.aahle__.�o-�-s�s•____.____� �Y7 operation hereunder, and to take out and keep current all �`` licenses, municipal, state or £ederal, required for the k;� conduct of its museum hereunder and further agrees not to • t: permit any of said taxes, excises or license fees to become _ '�; ' delinquent. 9. Lessee agrees not to permit any mechanic's or materialman`s � or any other lien to become attached or be foreclosed upon the Fr i propertg hereinabove described, or any part or parcel thereof, i � by reason of any work or labor performed or materials furnished F . %�'i? � by any mechanic or materialman. Failure to remove any liens ` = or make any payments called for herein shall not be deemed a �" breach of this agreement if the Lessee wishes to, in good �'; . y� faith, protest or challenge the validity of the charge or debt E-`. � and, provided, further, that it pursue its challenge or protest in a timely manner and indemnify the Lessor against , �' .-'; i �3` any loss by reason thereof. i , � �% 10. Lessee agrees not to use or permit the premises to be used for � �4��:�,�� any purpose prohibited by the laws of the United States or t 1 '° the State of Colorado or the Charter or resolutions of the i f:� County of Pitkin. � - 11. All notices required to be given to the Lessor hereunder shall ��, be delivered to or given by certified mail, return receipt w � requested, to the Pitkin County Manager, 906 E. Main :; Street, Aspen, Colorado 81611; all notices required to be ` +� , given to the Lessee hereunder shall be delivered to or � ''' sent by certified mail, return receipt requested, to the Lessee k at the address shown on the signature page attached hereto; PROVIDED, however, that either party hereto may designate in j writing from time to time the addresses of substitute or 1 , supplementary persons within the State of Colorado to receive � }.. i such notices. The effective date of service of any such notice shall be the date such notice is mailed. � i 12. No waiver of default by the Lessor of any of the terms, � '�: 1 � covenants or conditions hereof to be performed, kept and i observed by the Lessee shall be construed as, or operate as, _ 3 _ . . � ��M::;��"��-1 � _ _ _ . ,;��y� ,�:; ' , K T ��p. ��,'a-��53�a�. _ � . , j('M ��ay . . . . . . . ... . . . l•J�'II'�5�q�k_ .�..�w�R!^56f^'li'9LFM..'�rSY^- 6�. -.°n �. roV .��. .^Ii+��is✓'Nw�..r..rr-r�+w�Y*-r..•...•..�i...-...�.�.��....�...w..�� .�. . ., �4 y��,r .•�i ' �,�� . �a; saoK409 �nc�558 �' '�: �y�< � ,•",�>�;;K_ -- —L-�s'sarzrF— of the terms, covenants or conditions herein contained to be performed, kept and observed by the Lessee. � 13. The premises may not be sublet, in whole or part, and the " ;i Lessee shall not assign this Agreement without prior written f� �. ' consent of the County, which consent may be withheld with or �� ; ,� - without cause, at the sole and absolute discretion of the f Lessor. � IN WITNESS WHEREOF the parties hereto have executed this agreement 1 � on the day and year above first written. s t � LESSOR �' BOARD .OF COUNTY COMMISSIONERS � ATTES� PITKIN C TY, COLORADO ` By: " ` �/��i� � Lewis Scanlan °RObert W. Child Deputy Clerk and Recorder Chairman � � LESSEE ' �� ATTEST TAE RE STONE HISTORICA S �TY � #' � � '" By. lJ�,-"� - _ � � . ��.• , �,. .!� �, _ _ . 63� 5/ �;,.. � ��.i : �d�ress G�+ i� ... i X ''' /Cl/��f�� l_�.�(�� j.b.� i v - � a..v C t � � � �,(1 i,fJ, ��, � .. . � �1 '_ 1J�'4 '. �. � � � a � e _ � ! � { � { 1 — 4 — ; _ , . , . _ ,...._ - __ _ ,, . ._ } , �.:.;'_"?pw y ....;�'-:n;�.;'-q t''f- . -1