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Home My WebLink Aboutbocc.con.012.1986 � �'..Y�"�. . . . �-��r��:!' . . (�.•�, � • �,�, r a ^. ,. ,.- . ��.�.� ��3 +,�,,+ �r�{l� �.R4f N t.�.�x.�� "`"Yf�. , `�� '�. r . J`F"7>,�'�°J �� } . . x�p,.�fv��FrA'� :. ��,�, �,�'.. '�'�7(;,; s' �hy'+�.. : rR��`' 1 . ,.tT�, `��., � � a r a { �'K t ' f ' .n .�r, '� �r.��(�� . �. j!� f_ k, �:�.s��l;�� ... ' �.t. .-Mfr. '-��•M� . .. . .#..-J � . . . Y.+'e�+brr.- _ p,�,K 5� Rtg� 53`I `^, . ��;�3s�a 7�5 Hooa W A • ' _ � � m LICENSE AGREEMENT BETWEEN PITKIN COUNTY � � J � � � � � BOARD OF COUNTY COMMISSIONERS � r � ��::� O � _ �+ �D � 'Iti v N .�.._-- ,Q� � x N ASPEN CHILD CARE CENTER, INC. � ,.�' ` Fy N ' tV O o, o CA 12(86) ^ � z ;?; , THIS AGREEMENT made as of the date last below signed by f • ' and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, - � � ;� � COLORADO, (hereinafter "County") and Aspen Child Care Center, " . Inc., (hereinafter "Licensee'�), a Colorado corporation: >i W I T N E S S E T H : � WHEREAS, the Licensee is in need of spaca to provide � .. � child care services to residents of the Roaring Fork Valley for 5• �� the period of January 1, 1986 - December 31, 1986; and '� WHEREAS, the Licensee desires to use the facilities in the Pitkin County Community Center in connection with this ,� � 'r service; and WIiEREAS, Pitkin County; which owns and operates the :� Community Center, desires to facilitate the Licensee b licensin �.., Y 4 ..�,:: �:� the use of space to it iri the Community Center; .t,� • . NOW, THEREFORE, in consideration of the mutual terms, � conditions and covenants herein, the parties agree as follows: 1:: � ,,. r`. ; 1. The County does hereby grant to Licensee under the 3 " � terms and provisions of this License Agreement, the � � �� exclusive use of the area as shown on Exhibit "A" } :� � ;j attached hereto and made a part hereof by this refer- k' `+ ence. I,icensee also is qranted reasonable non-inter- ,;a fering use of the non-exclusive areas of the. Community ;j Center including restrooms, corridors, halls, entry- ;3 --��l ways and parking area. ` � 2. This License Agreement shall be for a term of one year, � � commencing on January 1, 1986, and terminating on � December 31, 1986. � 3. The fee for the use and occupancy of the described space herein shall be at $800.00 per month, or 9 ''i .� $9.600.0o for the entire license term. Payments shall 7 ;1 1 a � ,1 �( t.� ��-= _ �_.....A,�� , 'tt��,n , � �� . ' •�� :. ., q ' ' � � '�MD' '�� 4� f�p: 'L't i.t ( 'r' t'�Y Y+ � . ' �a �k.f�' a?t�4�`�'��1'} _,3� it�,f,,�y,+�'r�#^�"}� r •h"�..' �' ;� e',�/t., ��,��t�+ ��,��r `�r`7°* ��'�� ry �� -N,�{�gg' f 7 .�A,.c�1�t�. , :s'!? .�. . . . . . . �:k�;4-.. . , _ . . ,... ._.. ..... .v�.l��`�i . . �COK ?2� ?AGf 5�� be due monthly in advance of the ist of each month of the contract. Payments not received in the office of the County Finance Director by the fifth business day '"' of the month due shall accrue a late payment charge of � two percent (2�) of the unpaid balance, compounded i.; �, . _ " manthly. �i :r 4. The Lessee has paid a damage deposit in the amount of r�.. ;-� $800.00. This deposit is refundable sixty (60) days :y after vacation of the premises or the axpiration of . ,� this Agreement, whichever comes first, subject to , ,,� oPfset for damages. It is understood that the spac^ • � agreed upon for use has been turned over to the - r Licensee in clean, freshly painted, undamaged condi- • �� tion. It is agreed that the space be returned to the �_.•. ' � Community Center in the same condition at the end of � this Agreement, reasonable wear and tear excepted. Any • � �� damage to glass, walls, carpet, toilets, furniture or f;�. � ~ E an other j � y property of the County as a result of uses by ! , 'I � � ..i:.: i`� the Aspen Child Care Center will be the responsibility �� : [� of the Aspen Child Care Center. Damages to property � •'y shall be measured at tha replacement value. . , I' 4 y 5. The hours of operation will be from 7:30 a.m. - 5:30 � � p.m. with daily cleanup from 5:30 p.m, to 6:30 p.m. � , t The days of operation will be Mondays through Fridays, ��' twelve months of the year except holidays. Licensee � shall comply with all security regulations of the 9; ? Community Center in unlocking and locking the premises. � ; i+ 6. The numbers of children and staff in the premises will � � not exceed the limit allowable according to the ' __s •�' . authorized capacity by State regulations. � 7. The Licensee shall have sole use of the Solarium as identified in Exhibit "A." Reservation of, use of and payment for space not described in this Agreement shall be on the same basis as other community organizations. � 2 � .."ra�eV��" . `��f .. 1 �:F�'��' , � , r, -� �� '� i��r y. � Y,�� z . �y� •.�-� r a •1''�t,a��vy��li •. .. . '��"�e.>w�1�liihi...4��r.,. �:'. � )�L;�l1 . e4_ ,e !. TS?r.. , EOOH c_lGf� P1GFtleJ�U � ;'� ` 8. The Licensee shall be responsible for daily (or more frequently, as needed) cleaning of its exclusive spaces - and the removal of trash therefrom. All exclusive areas and non-exclusive areas used in connection with $.:• operations hereunder shall be kept at all times in a '�'" safe, clean, and orderly condition. � ' �� rt .-T; 9. The fenced yard adjacent to the entrance to the `� Community Center (see Exhibit "A") is designated for - -.;} the use of the Licensee and said yard area shall be � maintained by the County. Licensee shall report any ;� _ . � dangerous conditions in the yard or fence to County , ,� immediately. The County shall be responsible as time , S and manpower permit for snow removal from the walkway :�� to the Solarium (see E�chibit "A"). It is understood r that the timing of 'the snow removal will be in the :� County's sole discretion, fitting into the maintenance ,.� priorities of other critical buildings. If Licensee . ' r believes that snow and/or ice removal is at any time a ', ' rr,'� .�,.'. . F:�'.. safety hazard and the County has not by then been able ;� `� to remove the snow, the Licensee shall be responsible ��•`� "� for such removal at its own cost. �• .:� 10. Licensee covenants that at the expiration of this term �•' - ��* or at the earlier termination of this license, it will � quit and surrender all such premises in good state and `� condition, reasonable wear and tear, Acts of God and - �. '� other casualty (except casualty resulting from neglig- � ence of Licensee) excepted and Licensee shall at its � expense forthwith remove all equipment, trade fixtures �` . and personal property belonging to it and restore the • ;! County's property to its pre-license condition. The __ 'i County shall have the right on such termination, to , , � enter upon and take possession of such premises, with � or without process of law, without liability for trespass. F � 3 � { •�j;,.."_:r:'`i;��},,� . };!i!J'�• :. ��;�,� • ,,.'r:,,�.r , a'"_Kr..�� . �� . � ��-�, � � ' ' z: ��', r�._7. i Vj'e�j� rrs.�.};�d �r�4.�rti.... � 4f�"� + �,: ,�s� ? y,��;'��'S r ��. :.} :� ¢¢yy ^�_. � "� n'.�Fm4'a}Z`n�� '�. ��,�.'�;r ..� . . t � 1�..i � � " y��''�.:.'�R�a. �eY. . . . . _. ._.,... . a�.r'.- . �,:.. ± � � ecoEt �2�' P�c�5�? Should Licensee hold over the use of or continue to occupy any such premises after the termination or , cancellation of this License, such holding over sriall k ' be deemed merely a license from month-to-month upon a �� ' - monthly fee in an amount equal to the monthly fee �;, I required to be paid for the month next prior to such i ."'-- termination or cancellation, and otherwise �� (except for j:: , � i-: the term thereof) on the same conditions as herein or �"-.�` a � hereinafter provided. . , �' The County reserves the right, in its sole discretion, , • to make determinations as to the proper use and � . . E� continued use of the Community Center in the best � interests of the County as a whole. Licensee shall r� f # make no claim for damages arising from the County's i�.. � � decision to reallocate the use of exclusive or non- ii ;; exclusive spaces in the Community Center after the term ! �,` . � of this Agreement and/or its decision not to renew this ' . .�-L � Agreement or to alter the terms of any renewal Agree-- ;� ment. � � 11. The County shall provide usual and customary water, ,� electricity, trash removal (for the building) and snow '. i removal (except herein limited) structural maintenance t'� � . ' and repair. Licensee shall assume the cost of and , .. other utilities, including electrical circuitry and ;; ; � y. ' telephones it may install. Licensee sha11 pay any and all personal property taxes assessed ori the premises. 12. Licensee is granted use of the areas hereinabove '.' • ;-t . described for the purposes nonnally associated with the operation of a child care center. Licensee shall make ,.�„ - no other or different use of the premises (including, - not by way of limitation, other commercial use) without the prior written approval of the County. No improve- ments to or remodeling of the premises is permitted without the prior written approval of the County. 4 ,.,t.,A.. . . .�• iC;:P� � r-�=� r ,� , L�� • � ,+z'. , , {'jGY '?� J1�P S,.�t i.�� J s�!'� �y�er. ..,��J�, �� ,�.��"� }y:t q,,�' '.�Uy;b-��,.r r^a,�� i „c�t �r r �t E� '�S '�+�S�i't'"__'i�at �`w '�;� x�v,�''+°'�r� w` z'X�'�"4` �h'�;:3�^ �y,�1�`� P},��'9v, �r✓'�+dt••C,;. I�i"� a - ,,4�� rU.. � � v� �t ^r�r ta; � , a , . '�•� � 7��+�'4}',,.�:�t�... s.�. a.• � -.�.-. ..,.:��':•��-� . >... _.>.� a. "�,�r4� . � . . . . . _ .. .�� .,..< � �,�r�N �1��1,�,, P�GE��!(.� , 13. Licensee agrees that no signs or advertising displays shall be painted on or erected in any manner upon its premises without the prior written approval of the � ' Director of Housing and that signs identifying Lic- �...,.. - �`. `�' ensee's premises will conform to reasonable standards " ; i' `�3� , established by the Director with respect to type, siqn, ' design, condition and location. . . j . 'V�� 14. All notices required to be given to the County here- � :i.� under shall be in writing and shall be sent by certi- . ` fied mail. return receipt recruested, to the Direator of `� Housing, 0100 Lone Pine Road, Aspen, Colorado, 81611, • >;� with a copy to the Board of County Commissioners of � ��`�:� Pitkin County, Colorado, at 506 East Main Street, +`� Aspen, Colorado, 81611; all notices required to be ' ,j� given to Licensee hereunder shall be in writing and ,::.� shall be sent by certified mail, return receipt re- � , � ~':,;� quested, addressed tu the Director, Aspen Child Care, - - Community Center, 0100 Lone Pine Road, Aspen, Colorado, , 81611, provided that the parties, or either of them, �..� 4 , may designate in writing Erom time-to-time the addres- � � ses of substitute or supplementary persons in connec- s� ';� tion with said notices. The effective day of service � � of any such notice shall be the date such notice is r",��" deposited in the mail to Licensee or the Director and � ai Board of County Commissioners. 1 . . ,� 15. Licensee agrees to release, indemnify, save harmless and defend the County, its officers, agents and employ- � ees, from and against any and all loss of or damage to -; ^� property, or injuries to, or death of, any person or persons, including injury to the property and the ..... 1.h� officers, employees and aqents of the County, and from �� any and all claims,' damages, suits, costs, (including " cost of defense) , expenses, liability, actions or ''£:. ;,; proceedings of any kind or nature whatsoever, of or by ;•.�"� anyone whomsoever, in any way resulting from, arising �� ' 5 �,,, ::� i;?� ��2 . . ��` �t t,i�!.. • ' , �,&s�. .�� { i�_,4L`�r Z� ��I: '"t i�'�e{„4;t{-' � . �y�.p� '�� .�f: a�..}'�R.1�1r� � � . .:iL�Yli,eEf•s.u a �� 7ii.'.. i38i��-a.s.. . .. .�•� . � . ��4�, Yi. .. . �in��S 4�� Pr�1�J�� . out of, or alleqed to be in connection with any negli- , gent acts and omissions and wrongful conduct of offi- , cers, employees, agents, contractors and sub-contrac- � z;;': tors of Licensee; provided that this indemnity shall ��•�.' �� . not be conatrued to release Licensee from damages � �� . ` caused by the sole negligence of County, its agents, offiaers or employees. 16. Licensee agrees that at all times during the term ` � � :J k....' � hereof or_ any extension hereof, it shall procure and f,.*' ' maintain in force bodil.y injury and property damaqe ; { first party and liability insurance in amounts of at � 1 , t least $150,000 per person and $500,000 aggregate � � I �� combined property and bodily injury per incident for - its operations. All policies of insurance so maintain- ' ed, except Workmen's Compensation insurance, shall name the County of Pitkin, State of Colorado, as a co- insured thereunder. Licensee further agrees to provide , - certificates satisfactory to the County the kind and t:� . �,- amounts of said insurance coverages reflecting that the • ' • County of Pitkin, State of Colorado, is a co-insured „ thereunder. •� 17. As a conditioh of this Agreement, Licensee agrees for � . itself and for its officers, employees, permittees, � , licensees, and any other persons over whom it has ' control, to procure, maintain and comply with all �• � existing and future licenses, directives, conditions of :��, certificates, and rules and regulations necessary for �-: its operations hereunder as are adopted, promulqated, ordered or amended by the State of Colorado, or any of _ its agencies or political subdivisions including, ... :. .;. . � � without limitation, the reasonable rules and regula- • � tions of Pitkin County and the Director of Housing, all _ � as may affect Licensee and its operations and activi- ties in and at the Pitkin County Community Center. No person shall be denied the services of the Licensee or 6 �'t•�,: -�.- ., .`;': �.....�.�.... _ _ ..�: - . VH�§�.! .�� ' ��, .}��' , � . . . . F: ! � � ♦y' :xf�a��'.L'n.$��tF�Fk,='� 1�:�.� n . - V'�� ;iY�h y"i'- 4\� �� 4 Z r a�ll --�".L�3 �w�Tt r • i\_ . ' k� �i tt y, !I y� k t�.l� ")�. �f y� 4`.. .��.� M 4'�5�{�';x., ��'�'t, .��;{. t``{'T_ a• '� �.� ''� '� � r . �� . . � � . . :.��.�. . _ � ..._ '*.;�<„_. 'r.� . . . a eaoit )�� acE J4� otherwise discriminated against on the basis of race, color, religion or national origin. ; 18. In the event Licensee shall fail to parform, keep and �• �' observe any of the terms, covenants or conditions ', � ` �u - herein contained, on its part to be performed, the 'a , �; County shall give Licensee written notice to correct n� such condition or cure such default and, if any such � condition or default is not completely corrected or j �: � �:-:. � cured within three (3) days after this notice, the . ,,� t' � County shall then cancel and terminate this License �` _ , � Agreeraent by three (3) days written notice. In the . . devent Licensee has undertaken action to correct such � " � condition or cure such default, and, in the discretion 5 � � of the County, the same can be cured and the cure is � .. �a proceeding expeditiousl Count shall not cancel and ;, Y, Y terminate this license (except for non-payment of fees . ! � . ' :. , due) . ,.-i •;;,�„ � 19. Licensee may cancel this License Agreement in the event .� - of a breach by the County of any of the covenants or �. agreements contained and the failure of the County to �? remedy such breach for a period of fifteen (15) days } � . after mailing of said written notice of the existence j �. : . of such breach; provided, that if County has undertaken - � action to correct such condition or cure such default, - (��1 s i and same can be cured and is proceeding expeditiously ;�\ ; � „ � thereat, this Agzeement shall not be cancelled. ��.` i 20. If by reason of any cause (except negligence of Lic- ; i : ensee), Licensee's exclusive space is damaged to such ' an extent that such premises are untenable in whole or �'' .� in substantial part, then: (a) The County will make all reasonable efforts to , provide substitute facilities within the Com- • munity Center and such substitute facilities will � be made available to Licensee in accordance with i , I � � � .��. - . .� c,�.. . ' . ..,��e�'$ . ' . . � '��i.�l�: ' � f� 4� xfyl .�� A i��3 f i'�' ;q(��19ti)yy}r 6.�' �g��.,'�A�,�L�i�}4A,'� '�; 4 �a �tt , ��r '`� :� ��, }�, s , �_ �ry�3��-r '��;.. z,<u�'S ��' r .�x . .� � . . s�� • ' ' �OOK �G� it1GE)�-t_ { � the terms and conditions {including fees) provided , for herein. � (b) If the repairs and rebuilding necessary to restore !;<:.;• such premises to the condition existing prior to � --�- the occurrence o£ the damage-are in the reasonable �; ` .i 4 judgment of the County justified in the light of `: �s existing or contemplated construction programs, ' rj and can be completed within ninety (90) days from ?��' a5 �'.. . ;; the date on which the damage occurred, the County l� `'.. ,, �. . �.:?: :? . shall so notify Licensee in writing and shall � proceed promptly with suah repairs and rebuilding, .. � , and, if no substitute faailities are provided, the - • Tq 4 lease fee therefor shall be abated �ro rata for � . ' � �( the period from the date of the occurrence of such i 4 damage to the date substitute facilities are 5 provided or upon which said repairs and rebuilding r i . i are completed. • , �-� � (c) If such repairs and rebuilding are not, in the • � reasonable judgment of the County, justified in �r�'` � the light of existing or contemp2ated construction _ .j programs, or if they cannot, in the reasonable ' judgment of the County, be completed within said �t ninety (90) days, the County at its option, to be �' 1� evidenced by notice in writing to Licensee, may r.; i". �" either (1) proceed promptly with said repairs and a. £. �;.� rebuilding, in which event the said license fee ` .f . � shall be abated as aforesaid, or (2) terminate the ��' � use thereof, in which event the said license fee therefore shall be abated from and after the date " of the occurrence of the damage (or from and after ~ the decision to terminate, if substitute facili- �I' ties were providad) . 21. Licensee's assignment or transfer of any rights or promises granted under this Agreement shall ba made only upon the specific prior written permission of the 8 . �.,T_ . ��r�` .. . . �� ,i3�T�t.l.�.. . } ��tt f�.�"�� k� r:�,� }a ,i�v„y,,'� � y..F -�i •v,�..i-i `" � . � y x• �$ �al.' t i�^.'aY ��"i°"�rt � �1( ...Ur �q•� ,"k'.• &�'y�.. r�t .:t� � '7 � z � '�q��i}��'�g��'" �. 4.i�tgC� .$. -��4',.,;� �±,.�-��A �..`..n ,�slk� Ks�+i+ ! �j �,.v.5 a��, %`� _.., ., ._. . .. . .I'�':. .. . . . , ,.�.:,.�. ,� " . B00{t JG� PAGE�� ' County and accordance with the terms of this License Agreement. � �v. 22. No waiver of default by either party of any of the �'�"� terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be con- : strued, or operate as, a waiver of any subsequent �r.,;;. . • default of any of the terms, covenants or cohditions � ;; hereia contained, to be performed, kept and observed by the other party. 23. Any complaints received regarding operations of the Aspen Child Care Center will be brought promptly by the '�`�, . Director oP Housing to the Aspen Child Care Center, ?' " Inc. and promptly resolved to the satisfaction of the i � Housing Director. Failure to promptly resolve com- • , plaints is agreed to be grounds for termination of this License. �;,. . r tr: � ~ 24. This Agreement constitutes the full and complete "' agreement of the parties and supercedes or incorporates , any prior written and oral agreements of the parties. � In addition, the Licensee understands that no County official or employee, other than the Board of County � .," Commissioners acting as a body at a Board meeting, has ` �. '. . authority to enter into an agreement or to modify the 3 terms of this Agreement on behalf of the County. Any ? . �: such agreement or modification to this agreement must : ��:�..r be in writin and be executed b the " 5 y parties hereto. � 25. This Agreement shall be deemed to be made in and ;�, ;� construed in accordance with the laws of the State of ' :•,.'. .J -- Colorado. In the event of legal action to enforce any of the terms of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. { � � ! 9 � . ..yK;.� � ' . - '�- . �se�� -�,�� :}�`�'� �.-� '+�'�ev, _ . , . .'�. . ,. . � �. �•� � . �::.:ir'.�„n.>.... ..�1..� . .. .. x � ` �`�'�'!`.,�. 4� _ . . �� 522 PA��5�3 z y � IN WITNESS WHEREOF, the parties have executed these presents by their duly authorized officers on the day and year written. � LICENSOR: LICENSEE: 1 The Board of County � " ' Commissioners of Pitkin County, Colorado y� �, �: � � � - �� Pi c .n y ir� nity Ce Z�a� As en Child care Center »..� � _ � ,; � F.' �� ' �i �_, �' ATTEST: ATTEST: i�� . ,� �. f � `- � F'w /1/LN .��.�L - � � . � RECOMMENDED FOR APPROVAL: ;� � � � � � :� � '� ' r. � APPROVED AS TO FORM: . �, ,�`-. � ri / .��, / . . . o. / Gary E ry `�;�: Assist�nt ounty Attorney � i APPROVED AS TO BUDGET: `�?;, r � � � �� i �ti�- �� : j Tom Oken ; ' I Finance Director !� �� tiii` ...� . .. �. . � n,. .. . 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