HomeMy WebLinkAboutbocc.res.035.2014EMERGENCY RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO
SITTING AS TFIE BOARD OF THE ASPEN AMBULANCE DISTRICT
ADOPTING A LEASE AGREEMENT BETWEEN THE ASPEN AMBULANCE
DISTRICT AND THE ASPEN FIRE PROTECTION DISTRICT
RESOLUTION NO. CJ35 2014
The Aspen Ambulance District was formed in 1982 to provide ambulance and
emergency service to Pitkin County.
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.
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 _2(� DAY OFI (LYS ,l 2014 A D SET FOR CONFIRMATORY
PUBLIC HEARING ON THE q DAY OF lil- l 1 12014.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT
SUMMARY OF THE EMERGENCYVESOLUTION P LISI JED IN THE ASPEN
'TIMES WEEKLY ON THE I_ __ DAY OF Ccrt(ti, 2014.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE
RESOLUTION POSTED ON THE OFFICIAL PITKQ,4 COUNTY WEBSITE
www.aspenpitkin.com ON THE-�L�OLDAY OF Y kaA,c� 2014.
CONFIRMED AT A CONFIRMATORY PUBLIC HEARING ON 'THE �� DAY
OF )� i v 1 2014.
PUBLISHED BY TITLE AND SI ORT SUMMARY, AFTER CONFIRMATORY
PU*IC HEARING, IN THE ASPEN TIMES WEEKLY ON THE % 77� DAY OF
� ( V t 2014.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFI IAL PITKIN COUNTY
WEBSITE wwv.aspenpitkin.com ON THE DAY OF w, t 2014
ATTEST:
By
OF COUNTY COMMISSIONERS
By:Z
Jones
Robert A. Ittner, Jr., Chair
County Cler
Date:
APPROVED AS TO FORM:
MANAGER APPROVAL
ion Peacock, rounty Manager
a
LEASE AGREEMENT BETWEEN
AsUen Ambulance District AND Asnen Fire Protection District
This lease agreement is made and entered into on the �L6 6i 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:
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 P` 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
k,
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.
2
2
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 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 snail, postage prepaid, return receipt
requested addressed as follows:
3
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., 3`d Floor
Aspen, CO 81611
With a Conv To:
Karl .I. Hanlon
Karp Neu Hanlon, P.C.
201 14°i Street, Suite 200
P.O. Box 2030
Glenwood Springs, CO 81602
With a Coati 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
9
K IIHIHXB