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Home My WebLink Aboutbocc.packet.04092014.Aspen Ambulance Lease1 AGENDA ITEM SUMMARY REGULAR MEETING DATE: April 9, 2014 AGENDA ITEM TITLE: Emergency Resolution Adopting a Lease Agreement Between the Aspen Ambulance District and the Aspen Fire Protection District STAFF RESPONSIBLE: Jon Peacock ISSUE STATEMENT: The ambulance barn currently located on Aspen Valley Hospital grounds will be unusable for approximately seven months during the next phase of hospital construction. The attached lease gives the Ambulance District temporary use of a portion of the North 40 Fire Station during construction. BACKGROUND: Aspen Valley Hospital is commencing its next phase of construction. The current ambulance barn is located on Aspen Valley Hospital property that is leased to the County for purposes of providing facilities for the Ambulance District. Excavation work for hospital construction will make the current ambulance barn unusable for approximately seven months starting April 1, 2014. As part of this temporary placement, the Fire and Ambulance Districts have agreed upon areas of the facility that may accommodate ambulance operations and personnel and the spaces that will continue to house fire operations and personnel. To accommodate AFPD for sharing its space, Pitkin County and the Ambulance District proposes the following payments schematic to AFPD. 1.Facility Maintenance Fee $2,000/month Flat monthly rate for facility and increased use of the facility. 2.Utilities 50% expenses The Ambulance District will pay 50% of the facilities operating expenses, excluding all capital improvement expenses. Costs shall be shared as follows: a.Monthly expenses – following costs to be shared 50% between Ambulance and Fire District: i.Century Link, Comcast, Dreamtime Water, Elite Building Care, MRI, City of Aspen-Water, Holy Cross Energy, and SourceGas b.Quarterly/annual expenses The Ambulance District will pay 50% of the expenses incurred during its tenure at the North 40, beginning April 1, 2014. The following expenses shall be pro- rated on a monthly basis and costs shared 50%. i.ProGuard (quarterly), Aspen Sanitation (quarterly), Fire Sprinkler Services (annual), Elevator Inspection (annual), Otis Elevator (annual), and Tri-County Fire Protection (annual). 2 c. Seasonal Expenses The Ambulance District will pay 50% of seasonal operating expenses. i. Snow Removal (if needed), Ajax Landworks, and Aspen Lawn LINK TO STRATEGIC PLAN: Livable & Supportive Community: A sense of personal and community safety BUDGETARY IMPACT: ESTIMATED Summary of Expenses Expense Monthly7-month Total Facility Maintenance Expense $2,000$14,000 Utilities* $1,000 - $1,200$7,000 - $9,000 Total to AVFD ~$3,100~$22,000 *Based on AVFD’s 2012 and 2013 average operating expenses RECOMMENDED BOCC ACTION: Approve attached resolution authorizing signature of lease agreement ATTACHMENTS: Resolution & lease agreement 1 EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO SITTING AS THE BOARD OF THE ASPEN AMBULANCE DISTRICT ADOPTING A LEASE AGREEMENT BETWEEN THE ASPEN AMBULANCE DISTRICT AND THE ASPEN FIRE PROTECTION DISTRICT RESOLUTION NO. 2014 1. The Aspen Ambulance District was formed in 1982 to provide ambulance and emergency service to Pitkin County. 2. The Board of County Commissioners of Pitkin County is the governing board of the Aspen Ambulance District and as such, is able to perform any and all acts necessary for the governing and operation of the Ambulance District. 3. The Aspen Ambulance desires to enter into a lease agreement with the Aspen Fire Protection District to rent space designated on the attached drawing, Exhibit A, in the North 40 Fire Station Building. 4. The Board finds that adoption of this resolution is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this resolution to be effective immediately upon adoption. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Pitkin County, Colorado, sitting as the governing board for the Aspen Ambulance District hereby adopts the Lease Agreement between the Aspen Ambulance District and the Aspen Fire Protection District and authorizes the County Manager to execute the lease. INTRODUCED, READ AND ADOPTED AS AN EMERGENCY RESOLUTION ON THE ______ DAY OF _______________ 2014 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE _______DAY OF ____________, 2014. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE ___________ DAY OF ____________, 2014. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON THE ______DAY OF _______________ 2014. CONFIRMED AT A CONFIRMATORY PUBLIC HEARING ON THE ______ DAY OF _______________ 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY ON THE ______ DAY OF ______________, 2014. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON THE ______DAY OF_______________ 2014 2 ATTEST: BOARD OF COUNTY COMMISSIONERS By By: Jeanette Jones Robert A. Ittner, Jr., Chair Deputy County Clerk Date: APPROVED AS TO FORM: MANAGER APPROVAL John Ely, County Attorney Jon Peacock, County Manager 1 LEASE AGREEMENT BETWEEN Aspen Ambulance District AND Aspen Fire Protection District This lease agreement is made and entered into on the day of , 2014, by and between the Aspen Ambulance District, hereinafter referred to as “Lessee”, and the Aspen Fire Protection District in the State of Colorado hereinafter referred to as the " Lessor". Whereas, Aspen Ambulance District desires to rent space in the North 40 Fire Station Building, Aspen, CO (hereinafter “Facility”). Now therefore, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Term and Renewal of Agreement: The Lessor hereby leases from March 23, 2014 to November 1, 2014 to Lessee the area as designated on the attached drawing, Exhibit A (hereinafter “Leased Space”), in the North 40 Fire Station Building. Absent any termination for cause under paragraphs 12 or 13 of this Agreement, this Agreement shall be for a period of seven (7) months, 9 days. The parties may extend this lease upon written approval by both parties. 2. No Waste or Damage Covenant: During the period of this lease Agreement, Lessee shall maintain the Leased Space in good condition and repair. Lessee shall return the Leased Space to the Lessor in substantially the same condition received, normal wear excepted. 3. Damage to property: In the event of damage to any part of the building utilized exclusively by Lessee or caused by Lessee, 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 Lessor. Negotiation of remediation of each incident shall occur between Lessor and Lessee. Lessee shall provide Lessor a damage/security deposit of $5,000 for the performance of the terms, conditions and obligations of this Agreement. Lessee shall name Lessor as an additional insured on any policy Lessee carries which would cover damage to the facility by Lessee. 4. Payment: a. Facility Maintenance Fee: $2,000/month. Lessee shall pay Lessor a flat monthly rate of $2,000 for Leased Space and increased use of the Facility. Facility Maintenance Fee shall be due and paid on the 1st of the month. Prorated Facility Maintenance Fee, if applicable, will be computed by dividing the monthly fee by the number of days in the appropriate month and multiplying the quotient by the 2 number of days in the month Lessee is entitled to possession of the Premises. b. Utilities Share: 50% of expenses. Lessee shall pay 50% of the facility operating expenses, excluding all capital improvement expenses. Utilities share shall be paid within 30 days of Lessee receiving an invoice for utilities share. Upon request by the Lessee, Lessor shall provide a copy of any utility bill for which it seeks payment under this clause by Lessee. Utility Costs to be shared with Lessor paying 50% and Lessee paying 50% are as follows: a. Monthly expenses i. Century Link, Comcast, Dreamtime Water, Elite Building Care, MRI, City of Aspen-Water, Holy Cross Energy, and SourceGas. b. Quarterly/annual expenses The following expenses shall be pro-rated on a monthly basis: i. ProGuard (quarterly), Aspen Sanitation (quarterly), Fire Sprinkler Services (annual), Elevator Inspection (annual), Otis Elevator (annual), and Tri-County Fire Protection (annual). c. Seasonal Expenses i. Snow Removal (as necessary), Ajax Land works, and Aspen Lawn. 5. Governing Law: This Agreement has been entered into in Colorado, and the validity, interpretation and legal effect of this agreement shall be governed by the laws of the State of Colorado. Venue shall be the Pitkin County District Court. 6. Remodels to Premises: No remodeling or painting shall occur to Leased Space without the written consent of the 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’s cost unless the remodel is addressing a health or safety issue. Lessor must approve any credit of cost to amount owed by Lessee under this Agreement for remodeling before work commences. 7. Responsibilities: The Lessor is not responsible to move, build, haul, repair or dispose of office furnishings or equipment owned by the Lessee within Facility. In the event that the Lessor staff is asked to move, re-build, build, haul, repair or dispose of said office furnishings or equipment, the Lessee may be billed for work, including time, materials, travel time and landfill fees. 3 8. Building Concerns and Complaints: Building Concerns and Complaints: All calls about the physical operation of the building shall go directly to AFPD Station Keeper Paul Herr at 970 618 7466, if unavailable, send an email to Chief Rick Balentine at rick .balentine@aspenfire.com or call at 970 379 1758. . 9. Non-Assignment: This amended lease agreement and the rights arising under it shall not be assigned or transferred by Lessee. 10. Binding Effect: This lease agreement shall be binding upon the parties hereto, their respective heirs, successors and assigns. 11. Covenant of Non-Interference: Lessee agrees to undertake its activities in the leased premises in a manner which will not interfere with other tenants, and activities in the building. 12. Termination for Cause and Unsuitability: In the event that the Lessee 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 Lessor, or the building or leased premises become damaged or untenantable for any reason during the term hereof, the Lessor shall have the right to declare this lease terminated and require Lessee to vacate the premises, whereupon the parties shall have no further obligations hereunder. 13. 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. 14. Removal of Property: It shall be the responsibility of the Lessee at its own sole cost and expense, within five days after the expiration of this Agreement, to remove furnishings and equipment from the premises. Any equipment not removed within this period of time shall be conclusively deemed to be abandoned by Lessee and shall become the property of the Lessor. 15. 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. 16. 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: 4 To Lessor: Board of Aspen Fire Protection District c/o Chief Rick Balentine 420 E. Hopkins Ave. Aspen, CO 81611 To Lessee: Aspen Ambulance District Board Aspen Ambulance District 530 E. Main St., 3rd Floor Aspen, CO 81611 With a Copy To: Karl J. Hanlon Karp Neu Hanlon, P.C. 201 14th Street, Suite 200 P.O. Box 2030 Glenwood Springs, CO 81602 With a Copy To: Pitkin County Attorney’s Office 530 E. Main St., Ste. 302 Aspen, CO 81611 and Jim Richardson, Executive Director Aspen Ambulance District IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. ASPEN FIRE PROTECTION DISTRICT, COLORADO: By Title: Date ASPEN AMBULANCE DISTRICT By: Title: Date I-·---.: . %2 ' - 4 ' rx:xxxxxxxxx:xx:o EXHIBIT A Ii11 "" " " ' 11 & ' - F O O T MIN . I I ! l 11 l'I 11 11 11 11 11 11 i§ 01 5 T N I C E , . , , , , , . , ' R0 0 1 H S A S D R A H I !U O l ' l ! S 1./..-_&.4. - - - - - - - - - = = = = = = = = = = - = - - = = = = = = = = = = = = - - = = = = = = = = = ------- - I :!;:' :'' '· 11 11 11 11 11 P'OOTIM6 - :: 11"!-.---- rI --- - r1_=== = = = = = = --- - - - - - - --- · · - - •-- - - - - - - - - i - - · ---j -!li.: I 11 I ' A ·· , _ : , 0 • ·------- --======.; ==-.===r1;;;:' i fi Ml Cf