HomeMy WebLinkAboutbocc.ord.002.2002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE CHAIRMAN
TO EXECUTE A LEASE AGREEMENT BETWEEN LITTLE FEET,LTD. AND
PITKIN COUNTY
ORDINANCE #003-2002
1. Pitkin County (the "County") is the owner of the premises known as the Lower
Floor,North Wing of the Schultz Health and Human Services Building (the "Premises").
2. Little Feet, Ltd., ("Little Feet") a Colorado not-for-profit childcare provider, has
operated a licensed daycare facility on the Premises since February 15, 1992. The current
sublease between Aspen Valley Hospital and Little Feet expires February 15, 2002.
3. The County shall provide an in-kind rent contribution to Little Feet, Inc. for the
term of the lease, approved in the Pitkin County budget process as expenditure to Health and
Human Services contracts and leases and revenue for Pitkin County Building Operations.
4. It is in the best interest of both the County and the Little Feet, Ltd., to set forth the
terms for the operation of the daycare facility on the Premises, subject to certain agreements by
the County and the Little Feet.
5. The terms of the lease are set forth, and the Chair (or Chair's designee) shall be
authorized to sign a lease in substantially the form, as approved by the County Attorney.
NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin
County, Colorado that the Board of County Commissioners does hereby authorize the Chair to
execute the Lease Agreement.
INTRODUCED,FIRST READ, AND SET FOR PUBLIC HEARING ON THE 9T"
DAY OF JANUARY, 2002.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON THE 12T" DAY OF JANUARY 2002.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE
DAY OF JANUARY, 2002. —
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE -Im t'�DAY OF FEBRUARY,2002.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS
Ordinance,W-
Page 2
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jea ette Jones Patti Clapper
117uty Clerk Chair
Date:
APPROVED AS TO FORM:
John El Hilary� tcher Smith
County Attorney County Manager
C:\home\janea\ords\Lease,Use,Other Agreement Ords\LittleFeet.doc
LEASE AGREEMENT BETWEEN
LITTLE FEET,LTD.
AND PITKIN COUNTY, COLORADO
This lease agreement is made and entered into on the 5 f day of L
, 2002, by and
between Little Feet, LTD, a Colorado not-for-profit childcare provider here' after r erred to as Little
Feet, and the County of Pitkin in the State of Colorado,hereinafter referred to as the "County".
Whereas, the County does hereby rent and lease to Little Feet, the following described space,
called the "premises", to wit: Lower Floor, North Wing of the Schultz Health and Human Services
Building approximately 4,048 square feet at $16/square foot per year totaling $64,768.00 per year, for a
term commencing on February 15, 2002 and ending on February 14, 2003. This lease is not renewable
without written consent of both parties. Failure to vacate the premises as of February 14, 2003, will not
operate as a renewal of this lease.
Whereas, Little Feet is licensed by State of Colorado to operate a daycare facility which shall be
open to the general public with thirty-three (33) spaces available, eight (8) for infants, and twenty (25) for
toddlers/preschoolers. Normal hours of operation shall be from 7:00 a.m. to 6:00 p.m., Monday through
Friday (except Holidays). Little Feet shall not discriminate against applicants because of their race, color,
creed or financial status. Admitants shall be selected based upon a two-tier priority system as follows:
First priority shall go to children of employed applicants who reside or work in Castle
Creek or Maroon Creek Valley.
Second priority shall go to children of Pitkin County Government employees and children
of employed applicants residing or working in Pitkin County.
A minimum of seven (7) spaces shall be allotted for low-income (up to 300% of current Federal
Poverty Level) applicants, on a first-come, first-qualified basis.
Rates for admitants shall be based on a sliding fee scale in accordance with income qualification
standards established by Lessee and approved by Kids First. The rate schedule shall be reviewed on an
annual basis and may be modified upon consent of Kids First.
Now therefore, in consideration of the mutual covenants and promises contained herein, the parties
agree as follows:
1. Period of Operation: The County hereby leases and demises for a one-year term, the
premises in the Schultz Building. Said space shall be available at 7:00a.m on Friday, February 15,
2002 and Little Feet will be prepared to vacate the office by 6:00 p.m. on Monday, February 14,
2003, unless a new lease has been signed.
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2. No Waste or Damage Covenant: During the period of this lease agreement Little Feet shall
maintain the premises in good shape and repair and return it to the County in substantially the
same condition received normal wear excepted.
3. Remodels To Premises: No remodeling is to be done to premises without the written
consent of the County. Remodels will be done at Little Feet's cost unless the remodel is
addressing a health or safety issue. County must approve any credit of cost of remodeling before
work commences.
4. Payment: The rent for the entire term for the space rented by Little Feet is $64,768.00;
however, the County shall provide an in-kind rent contribution of$64,768.00 to Little Feet.
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. Non-Assignment: This lease agreement and the rights arising under it shall not be assigned
or transferred by Little Feet.
7. Miscellaneous Services: All other services, including copier, fax machine, etc, but not
including telephone service, will be charged to Little Feet at the rate determined for all tenants of
the building. Little Feet shall be responsible for providing and maintaining its own telephone
service and phones shall be billed to Little Feet.
8. Covenant of Non-Interference: Little Feet agrees to undertake its activities in the leased
premises in a manner, which will not interfere with other tenants, and activities in the building.
9. Utilities: The County shall supply heating and electricity to the leased premises at no
additional charge.
10. Termination for Unsuitability: In the event the building or leased premises become
damaged or untenantable for any reason during the term hereof, the County shall have the right to
declare this lease terminated and require Little Feet to vacate the premises, whereupon the parties
shall have no further obligations hereunder.
11. Repairs and Maintenance: Maintenance and repair shall be the responsibility of the
County, as well as annual carpet cleaning and annual window cleaning.
12. Indemnification:
A. Little Feet shall and hereby does release, discharge, indemnify and hold harmless the County
of Pitkin and its officials, employees, agents and representatives from and against liability for any
claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation
and defense), fees (including reasonable attorney and expert witness fees) or compensation in any
form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out
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of or in connection with any negligent act, intentional act, error or omission by the Contractor, and
for any consequential liability alleged to accrue against the County on account of the Contractor's
acts, errors or omissions; provided, however, that such indemnity shall not be construed as an
indemnity for bodily injury or property damage arising from the sole negligence of the County or its
employees.
B. Little Feet further shall investigate, process, respond to, adjust, provide defense for and
defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall
bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless,
false or fraudulent.
13. Insurance Requirements:
A. In whole or in part, Little Feet shall secure and maintain for the term of its contractual
relationship with the County, such insurance policies, from companies licensed in the State of
Colorado, as will protect itself, the County (with the County named as additional insured) and
others as specified, from claims for bodily injuries, death, personal injury or property damage,
which may arise out of or result from Little Feet's acts, errors, or omissions. The following
insurance coverage, at or about the limits indicated and including such endorsements as are
indicated by an "X", are required:
(1) Statutory Workers' Compensation: Colorado statutory minimums
(2) 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 Lim $2,000,000.00
Comprehensive Form(All 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
(3) Business Auto Coverage:
Combined Single Limit Liability(each accident)
Coverage to include (place X by applicable provisions):
_Any Auto
_All Owned Autos
Hired Autos
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_Non-Owned Autos
Garage Liability
(4)Special Coverages(check as appropriate and insert amount):
(1) Performance Bond
Labor and Material
Payment Bond
(2)Professional Errors and Omissions
(3)Aircraft Liability
(4) Owner's Protective
(5)Builder's Risk amount of project
(6)Boiler and Machinery
(7)Loss of Use Insurance
(8)Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or
Fidelity Bond
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Pitkin County Risk Management
C/o Kris Jewkes
530 E Main, Ste 202
Aspen CO 81611
B. To provide evidence of the required insurance coverages, copies of Certificates of Insurance
in a form acceptable to the County shall be filed with the County (through the County
Representative) no later than ten(10) calendar days prior to commencement of operations affecting
the County. Failure to file or maintain acceptable Certificates of Insurance with the County is
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
(through the County's Risk Department). (For 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).
Simultaneously with the Certificates of Insurance, the Contractor shall file with the County's Risk
Department (and promptly update, as necessary) a certified statement as to claims pending against
the required coverages, reserves established on account of such claims, defense costs expended and
amounts remaining on policy limits.
C. In addition, these Certificates of Insurance shall contain the following clauses:
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(1) 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.
(2) 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.
(3) 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 Contractor.
(4) Location of operations shall be: "all operations and locations at which work for the referenced
Project is being done."
D. Certificates of Insurance for all renewal policies shall be delivered to the County's
Representative at least fifteen (15) days prior to a policy's expiration date except for any policy
expiring on the expiration date of this Agreement or thereafter.
E. The County reserves the right to request and receive a copy of any policy and any policy
endorsement.
14. 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.
15. Removal of Property: It shall be the responsibility of Little Feet at its own sole cost and
expense, within five days after the expiration of this Agreement, to remove office and operating
equipment and furniture from the premises. Any equipment and furniture not removed within this
period of time shall be conclusively deemed to be abandoned by Little Feet and shall become the
property of the County.
16. 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.
17. 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:
a. To Pitkin County:
Nan Sundeen
Director of Health and Human Services
0405 Castle Creek Road, Suite 7
Aspen, Colorado 81611
(970) 920-5558
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with copies to:
Pitkin County Attorney's Office
530 E. Main, Suite 302
Aspen, Colorado 81611
Fax: (970) 920-5198
b. To Director/Little Feet:
Jeanette Heyworth
0405 Castle Creek Road, Suite 1
Aspen, Colorado 81611
Fax: (970) 920-5558
WHEREFORE, the parties have herein set their hands and affixed their seals the day and date
indicated below. I
SIGNED this f day of CD��1, _, 200�
PITKIN COUNTY LITTLE FEET,LTD.
Nancy N. Sunde& Jeanette Heyworth
Director of Health& Human Services Director
APPROVED AS TO FORM:
John M. unty Attorney Oistin Management
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