HomeMy WebLinkAboutbocc.con.063.2002 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
Originating Department/Division: Health & Human Services
Contact Person: Connie Overton
Phone #: X5766
Check Contract Type:
Services
Maintenance CONTRACT-
License/Use
X_Lease
Construction
Purchase
Employment
Intergovernmental Agreement (Requires BOCC Action)
Non-Profit
Quasi-Public
Grant Agreements (Requires BOCC Action)
Other
Signatures Required:
Under 25K—Department Head
25-50K—Department Head (if appropriate), Section Leader
Over 50 K—Department Head (if appropriate), Section Leader, County Manager
Contractor/Business (Complete Name): Roaring Fork Employees Credit Union
Contract Start Date: _January 1, 2002_ Contract End Date: _December 31, 2002_
Automatic Renewal (Y/N): N
All Contracts should be proofed for the following:
• No Pages Missing
• If a Page is Left Intentionally Blank—Note on Page
• Page numbered consecutively
• All Signatures Affixed
• All Dates Filled In
• All Other Blanks Filled In
• All Exhibits Attached
• All Legal Descriptions Attached (if appropriate)
• Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk a=I.--
r for Scanning/Archiving
.D _4/30/02
Aut orized Staff Person
Signature of authorized staff person indicate that document has been proofed and ready for scanning.
Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage
schedule.
GONTRAG-r�D&,� - o�
LEASE AGREEMENT BETWEEN
ROARING FORK EMPLOYEES CREDIT UNION
AND PITKIN COUNTY, COLORADO
This lease agreement is made and entered into on the 1 st day of January, 2002, by
and between Roaring Fork Employees Credit Union, hereafter referred to as Roaring
Fork Employees Credit Union or"Lessee/Agency", and the County of Pitkin in the State
of Colorado hereinafter referred to as the "County/Lessor".
Whereas, from January 1, 2002 - December 31, 2002, Roaring Fork Employees Credit
Union desires to rent an office space in the Schultz Health and Human Services Building
approximately 172 sq feet at $16/sq ft per year totaling $2,752 for one year. This lease is
not renewable without written consent of both parties. Failure to vacate the premises as
of January 1, 2003 will not operate as a renewal of this lease.
Now therefore, in consideration of the mutual covenants and promises contained herein,
the parties agree as follows:
1) Period of Operation: The County/Lessor hereby leases and demises for the
calendar year 2002 to Roaring Fork Employees Credit Union that area designated
Suite 2 in the Schultz Building. Said space shall be available at 8:00 a.m.,
Monday, January 1, 2002. Roaring Fork Employees Credit Union will be
prepared to vacate the office by 5:00 p.m. on Monday, December 31, 2002, unless
a new lease has been signed.
2) No Waste or Damage Covenant: During the period of this lease agreement
Roaring Fork Employees Credit Union shall maintain this office in good shape
and repair and return it to the County/Lessor in substantially the same condition
received normal wear excepted. The County/Lessor shall provide regular office
cleaning Monday - Thursday.
3) Payment: The rent for the entire term for the space rented by Roaring Fork
Employees Credit Union is $2,752; however,the County/Lessor shall provide an
in-kind rent contribution of$2,752 to Roaring Fork Employees Credit Union.
4) 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.
5) Remodels To Premises: No remodeling is to be done to premises without the
written consent of the County/Lessor. 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.
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6) Non-Assignment: This lease agreement and the rights arising under it shall not be
assigned or transferred by Roaring Fork Employees Credit Union.
7) Binding Effect: This lease agreement shall be binding upon the parties hereto,
their respective heirs, successors and assigns.
8) Covenant of Non-Interference: The Roaring Fork Employees Credit Union 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/Lessor 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/Lessor shall have the right to declare this lease terminated and require
Roaring Fork Employees Credit Union to vacate the premises, whereupon the
parties shall have no further obligations hereunder.
12) Indemnification:
A. The Lessee/Agency (including, by definition here and hereinafter, its
officials, employees, agents and representatives, subcontractors and suppliers),
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 of or in
connection with any negligent act, intentional act, error or omission by the
Lessee/Agency, and for any consequential liability alleged to accrue against the
County/Lessor on account of the Lessee/Agency'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/Lessor or its employees.
B. The Lessee/Agency 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
A. In whole or in part, the Lessee/Agency shall secure and maintain for the
term of its contractual relationship with the County/Lessor such insurance policies,
from companies licensed in the State of Colorado, as will protect itself, the
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County/Lessor and others as specified, from claims for bodily injuries, death,
personal injury or property damage, which may arise out of or result from the
Lessee/Agency 's acts, errors or omissions. The following insurance coverage, at
or above the limits indicated and including such endorsements as are indicated by
an "X", are required:
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 j7p
Products/Completed Operations Aggregate Limit $2,000,000.00;0 a5o�ooa�'
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:
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/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
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 Lessee/Agency shall file
with the County/Lessor's Risk Department (and promptly update, as necessary) a
certified statement as to claims pending against the required coverages, reserves
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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:
(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
Lessee/Agency.
(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/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.
E. The County/Lessor 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 the Roaring Fork Employees
Credit Union 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 Roaring Fork
Employees Credit Union and shall become the property of the County/Lessor.
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:
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a. To Pitkin County:
Nancy Sundeen
Director
Pitkin County Health&Human Services
0405 Castle Creek Road, Suite 7
Aspen, CO 81611
Fax: (970) 920-5558
with copies to:
Pitkin County Attorney's Office
530 East Main, Suite 302
Aspen, CO 81611
Fax: (970) 920-5198
b. To Lessee/Agency:
Temple Glassier
Roaring Fork Employees Credit Union
0405 Castle Creek Road, Suite 2
Aspen, CO 81611
Fax: (970) 920-5558
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the latest date written below.
PITKIN COUNTY, COLORADO
By_ Z
Nancy N. Sundee Date J"
Director of Health& Human Services
APPROVED AS TO FORM: -
John Ely, Date
Counq' rney
APPROVED AS TO FORM:
Krist' Jewkes -4m� +al� Date
Risk Management U
ROARING FORK EMPLOYEES CREDIT UNION
Temple assier Date
Board Chair,
Roaring Fork,Employees Credit Union
Mailing Address:
0405 Castle Creek Road, Suite 2
Aspen,CO 81611
ATTEST:
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing was acknowledged before me this (C1 day of �2 ' ,2002,by
, agent Roaring Fork Employees Credit Union.
Witness my hand and official seal. JA- t�j
N�QtM 7(--�Pubk£'�+e�'IC.e
Add
jess J
My Commission expires:
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