HomeMy WebLinkAboutbocc.con.amended.064.2012A Ordinance #-OG I -2013
Page CONTRACT. th v- t - /t
AMENDING ORDINANCE NO. 011-2012 OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
APPROVING THE
LEASE AGREEMENTS WITH THE COMMUNITY NON-PROFIT LESSEES
AND AUTHORIZING THE CHAIRMAN TO EXECUTE LEASE
AGREEMENTS FOR SPACE LOCATED AT THE MICHAEL W SCHULTZ
HEALTH AND HUMAN SERVICES BUILDING
ORDINANCE# ea 9 2013
1. The Board of County Commissioners of Pitkin County (the "County") is the owner of
the premises known as the Michael W. Schultz Health and Human Services Building
(HHS), located at 405 Castle Creek Road, Aspen, Colorado, more fully described as Aspen
Valley Hospital Subdivision Lot 1 Parcel A.
2. The County has provided space as an in-kind contribution to local non-profit entities on
a yearly lease basis since 1992. The County desires to continue this practice with multi-
year lease agreements.
3. The County will continue to provide in-kind contributions to Community Non-Profit
Lessees as described below, for four- (4-) year terms, approved in the Pitkin County budget
process expenditure to Health and Human Services within Pitkin . County Facilities
operations budget.
4. It is in the best interest of both the County and Community Non-Profit lessees, to set forth
the terms for the operation of the Non-Profit agencies on the Premises, subject to certain
agreements by the County and the Community Non-Profit lessees.
5. The terms of the lease are set forth, and the Chair (or Chair's designee) shall be authorized
to sign a lease as approved by the county Attorney.
6. The County supports the Community Non-Profit Lessees for uses that have been
established since 1992 and desires to continue such use by accommodating their space
needs to the greatest extent possible.
7. This Amending Ordinance addresses the termination of one (1) Community Non-Profit
Lease by mutual consent effective December 31, 2012, and amends five (5) other
Community Non-Profit Leases due to space reconfigurations effective January 1, 2013.
Ordinance ti-0 -2013
Page
The terminated lease is as follows:
The Right Door office space of approximately 418 sq. 11. @$25.75/sq. ft. for an in-kind
contribution of$10,784.00 annually for the remaining term of four (4) years, effective
December 31, 2012.
8. The Amended Leases, effective January 1, 2013, are as follows:
a. Aspen Counseling Center office space of approximately 2,712.00 sq. ft. @ $25.75/sq.
ft. for an in-kind contribution annually of$69,834.00 for the remaining term of four (4)
years;
b. Community Health Services office space of approximately 2,214.72 sq. ft. rr
$25.75/sq. ft. for an in-kind contribution annually of$57,029.04 for the remaining term
• of four(4) years;
c. Response office space of approximately 418,27 sq. ft. @ $25.75 sq. ft for an in-kind
contribution annually of$10,770.45 for the remaining term of four (4) years;
d. YouthZone office space of approximately 143.75 sq. ft. a $25.75 sq. ft. for an in-kind
contribution annually of$3,01.56 for the remaining term of four(4) years; and
e. Aspen Valley Medical Foundation (dba Aspen Valley Foundation) office space of
approximately 1,298.50 sq. ft. @ $25.75/sq. ft. for an in-kind contribution annually of
$33,436.38 for the remaining term of four(4) years.
Drawings of specific allocated spaces for the above-described Amended Leases are attached to
each Amended Lease as an Exhibit A. In all other respects the Leases covered under Ordinance
No. 011-2012 are in full force and effect and remain unchanged by the Amendment.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Pitkin County, Colorado, that the Board hereby approves the termination of the above-
mentioned lease (Section 7) and approves the five amended lease agreements (Section 8a,
b, c, d, and e) with Community Non-Profit Lessees and authorizes the Chainuan or the Chair's
designee to execute the amended lease agreements(Attachment B) in their present form or in a
substantially similar form approved by the County Attorney.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 8a'DAY
OF MAY, 2013.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON 3-- 9 ,
2013.
Ordinance #-OOq -2013
Page
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PgKIN COUNTY WEBSITE (www.aspenpitkin.com ) ON THE
/0- DAY OF , 2013.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE "t DAY
OF , 2013.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE 4a 7//1f e-5
, 2013. //Z /4
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ATTE T: BOA'14 OF COUNTY CO MISSIONERS
B �j / GLb By ._ L
Jean: e Jones / George N' : ; Chairm. •
Dep y County Clerk /� 1
Date: 6
APPROVED AS TO FORM: MANA ER APPROVAL
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sirtrultrty Attorney Jon Pe ek, County Manager
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Jodi Smith, Facilities Manager
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‘90TKIN CONTRACT
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AMENDED LEASE AGREEMENT (No. 064-12) BETWEEN
COMMUNITY HEALTH SERVICES
AND PITKIN COUNTY, COLORADO
Contract Number 064-12A Ledger Number 001.85.00540.84003
This amended lease agreement is made and entered into on the 1st day of January, 2013,
by and between Community Health Services, hereinafter referred to as "Lessee/Agency", and the
County of Pitkin in the State of Colorado hereinafter referred to as the "County/Lessor".
Whereas, Community Health Services desires to rent an office space in the Michael W. Schultz
Health and Human Services Building, (hereinafter referred to as the Schultz Health and Human
Services Building) 0405 Castle Creek Road, Aspen, CO, more fully described as Aspen Valley
Hospital Sub Lot: 1 Parcel A Health & Human Services Bldg, of approximately 2,214.72 square
feet for 2013 and years thereafter.
Now therefore, in consideration of the mutual covenants and promises contained herein,the
parties agree as follows:
1) Term and Renewal of Agreement: The County/Lessor hereby leases and demises for the
calendar year 2013 to Community Health Services the area as designated on the attached
drawing, Exhibit A, in the Schultz Health and Human Services Building. Absent any
termination for cause under paragraph 16 of this Amended Agreement, this Amended
Agreement shall be for a period of four(4) years unless either party elects to terminate this
Amended Agreement by serving a written notice to terminate this Agreement on the other
party no later than thirty (30) days.
2) No Waste or Damage Covenant: During the period of this lease agreement Community Health
Services shall maintain these offices in good shape and repair and return them to the
County/Lessor in substantially the same condition received normal wear excepted.
3) Damage to property: In the event of damage to the lessee's offices or to any part of the
building, the lessee will be responsible for all repair costs. Assessment of damage and
assignment of entity to provide the repair shall be the responsibility of Pitkin County
Facilities. Negotiation of remediation of each incident shall occur with Pitkin County
Facilities.
4) Payment: The rent is $25.75 per square ft. per year for the space rented by Community Health
Services, totaling $57,029.04; however, the County/Lessor shall provide an in-kind rent
contribution of$57,029.04 to Community Health Services.
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5) Governing Law: This amended 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) Remodels To Premises: No remodeling or painting is to be done to premises without the
written consent of the County/Lessor. This includes any alterations to the walls and ceilings to
accommodate phone and data lines, cable service, electrical outlets and light fixtures.
Remodels will be done at the Lessee/Agency's cost unless the remodel is addressing a health
or safety issue. County/Lessor must approve any credit of cost of remodeling before work
commences.
7) Responsibilities:
1. The Facilities Department of the County/Lessor is NOT responsible to move, build, haul,
repair or dispose of office furnishings (including but not limited to bookshelves, desks,
appliances, cabinets, etc.) owned by nonprofits leasing space within the county buildings. In
the event that the facilities staff is asked to move, re-build, build, haul, repair or dispose of
said office furnishings the nonprofit may be billed for work, including time, materials, travel
time and landfill fees. The Facilities Department will be responsible for moving the non-profit
in the event that the County/Lessor has a need for the office space occupied by the nonprofit.
2. The Facilities Department is responsible for carpets, building repairs, capital upgrades,
heating/cooling, plumbing, and electrical (infrastructure), internal painting on a set schedule,
daily trash removal and common area cleaning. Requests for additions to the infrastructure
such as new or relocated outlets, moving cables, etc. shall be evaluated by the Facilities
Manager on a case by case basis. Lessee/Agencies will be asked to pay for upgrades.
8) Building Concerns and Complaints: Building Concerns and Complaints: All calls about the
physical operation of the building shall go directly to Jodi Smith, Facilities Manager,
at 920-5396. If unavailable send an email to facilities maintenance county@co.pitkin.co.us.
9) Non-Assignment: This amended lease agreement and the rights arising under it shall not be
assigned or transferred by Community Health Services.
10) Occupancy Requirement: Pitkin County leases space in the Schultz Health& Human
Services Building to non-profit agencies that help further the community's access to health&
human services. In order to best meet community needs, the County holds the right to cancel
any lease agreement with a tenant that does not occupy their space and actively provide
services to the community on an ongoing basis. Any lease for office space that is not
actively used over the period of three months will be reviewed and the lease may be revoked
by the County.
11) Binding Effect: This amended lease agreement shall be binding upon the parties hereto,
their respective heirs, successors and assigns.
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12) Covenant of Non-Interference: Community Health Services agrees to undertake its activities
in the leased premises in a manner, which will not interfere with other tenants, and activities
in the building.
13) Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no
additional charge.
14) Phones and data: Community Health Services shall provide its own phone service and
Internet connections.
15) Use of Photocopier: The County/Lessor shall supply an operating photocopying machine
and copying paper for the use of tenants at a cost of$.02 per copy. This will be billed
quarterly.
16) Termination for Cause and Unsuitability: In the event that the Lessee/Agency shall default
by failing to perform, keep and observe any of the terms, covenants or conditions herein
contained on its part to be performed, as determined by the County, or the building or leased
premises become damaged or untenantable for any reason during the term hereof, the
County/Lessor shall have the right to declare this lease terminated and require Community
Health Services to vacate the premises, whereupon the parties shall have no further
obligations hereunder.
17) Indemnification
Lessee/Agency shall indemnify, hold harmless and, not excluding the County/Lessor 's
right to participate, defend the County/Lessor and its officers, officials, agents, and employees
(hereinafter referred to as "County/Lessor") from and against any and all liabilities, claims,
actions, damages, losses, or expenses including without limitation reasonable attorneys' fees and
costs, (hereinafter referred to as "claims") for bodily injury or personal injury including death, or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in
part, by the negligent or willful acts or omissions of Lessee/Agency or any of its officers,
directors, agents, employees or contractors, arising out of or related to Lessee/Agency's
occupancy and use of the Leased Premises. It is the specific intention of the parties that the
County/Lessor shall, in all instances, except for claims arising solely from the negligent or
willful acts or omissions of the County/Lessor, be indemnified by Lessee/Agency from and
against any and all claims. It is agreed that Lessee/Agency will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable. In
consideration for the use and occupancy of the Leased Premises, the Lessee/Agency agrees to
waive all rights of subrogation against the County/Lessor, its officers, officials, agents and.
employees for losses arising from the use, occupancy or condition of the Leased Premises.
18) Insurance
A. Lessee/Agency shall procure and maintain for the duration of the Amended Lease,
insurance against claims for injury to persons or damage to property which may arise from or in
connection with this Amended Lease.
The insurance requirements herein are minimum requirements for this Lease and in no way limit
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the indemnity covenants contained in this Amended Lease..The County/Lessor in no way
warrants that the minimum limits contained herein are sufficient to protect the Lessee/Agency
from liabilities that might arise out of this Amended Lease. Lessee/Agency is free to purchase
such additional insurance as Lessee/Agency determines necessary.
Additionally, 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. 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. 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 Lessee/Agency.
The following insurance coverage, at or above the limits indicated and including such endorsements
as are indicated by an "X",are required:
(1) Commercial General Liability- ISO 1998 Form or equivalent
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County named additional insured .
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Fire Damage Expense or Legal Liability $1,000,000.00
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
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Jodi Smith, Facilities Manager
485 Rio Grande P1 #101
Aspen, Colorado 81611
Fax (970) 920-5285
jodi.smith@co.pitkin.co.us
B. To provide evidence of the required insurance coverages, copies of Certificates of
Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor(through
the County/Lessor Representative)no later than ten(10)calendar days prior to commencement of
operations affecting the County/Lessor. Failure to file or maintain acceptable Certificates of
Insurance with the County/Lessor 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/Lessor(through the County/Lessor's Risk Department). (For
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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).
C. Certificates of Insurance for all renewal policies shall be delivered to the
County/Lessor'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.
D. The County/Lessor reserves the right to request and receive a copy of any policy and
any policy endorsement.
19) Termination: This agreement may be terminated at any time for any cause by either party by
30 day written notice to thesther party at the addresses set forth below.
20) Removal of Property: It shall be the responsibility of the Community Health Services at its
own sole cost and expense,within five days after the expiration of this Agreement,to remove
office equipment from the premises. Any equipment not removed within this period of time
shall be conclusively deemed to be abandoned by Community.Health Services and shall become
the property of the County/Lessor.
21) 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.
22) Grant Award Contingency: The Community Health Services acknowledges that occupancy of
the premises is contingent upon satisfactory and timely compliance with the terms, obligations
and provisions set forth in the Grant Award Agreement and that the parties' rights and
obligations pursuant to this Amended Lease Agreement will terminate automatically upon
termination or cancellation of the Grant Award Agreement between Pitkin County and the
Community Health Services. Termination of this Amended Lease Agreement shall occur upon
thirty(30) days written notice to the address set forth below. Upon termination of this Amended
Lease Agreement, Lessee/Agency shall vacate the premises. Lessee/Agency shall be responsible
to County/Lessor for the cost of repairs, legal fees, advertising and any other costs incurred in
preparing the premises for re-renting.
23) 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:
To Landlord: With a Copy To:
Board of County Commissioners of Pitkin County John M. Ely, Esq.
C/O Facilities Manager Pitkin County Attorney's Office
485 Rio Grande P1#101 530 East Main, Suite 302
Aspen, Colorado 81611 Aspen, Colorado 81611
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To Lessee/Agency: Liz Stark
Community Health Services
0405 Castle Creek Rd., Suite 6
Aspen,CO 81611
Fax: (970) 920-5419
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the latest date written below.
PITK(IN COUNTY,COLORADO:
By 1 UA,C.C.I V l SO (7) lz-cl.(13
Nancy N. Sundeen l Date
Director of Health&Human Services, Pitkin County
By q' g0 ) l3
Jodi Smith, Pitkin County Facilities Manager - Date
CO I TY i TH RVICES
By: ( tia 1/-61
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Liz S arkaisl�lic Health Director Date
Community Health Services
6
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EXHIBIT A
MICHAEL W. SCHULTZ •
HEALTH AND HUMAN SERVICES BLDG.
' SECOND FLOOR, -
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