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HomeMy WebLinkAboutbocc.con.066.2002 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 License/Use d 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): YouthZone Aspen and Basalt Offices 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 and Rec er fo Scanning/Archiving Date: 0/02 Authorized 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. CONTRAC 4 d 4 Z 02— LEASE AGREEMENT BETWEEN YOUTHZONE ASPEN AND BASALT OFFICES, 2002 AND PITKIN COUNTY, COLORADO This lease agreement is made and entered into on the 1 st day of January, 2002, by and between YouthZone Aspen and Basalt Offices, hereafter referred to as YouthZone Aspen and Basalt Offices 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, YouthZone Aspen and Basalt Offices desires to rent an office space in the Pitkin County Courthouse approximately 100 feet at$16/sq ft per year totaling$1,600 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 YouthZone Aspen and Basalt Offices that area designated Suite 203 in the Pitkin County Courthouse. Said space shall be available at 8:00 a.m., Monday, January 1, 2002. YouthZone Aspen and Basalt Offices 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 YouthZone Aspen and Basalt Offices 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 YouthZone Aspen and Basalt Offices is $1,600; however,the County/Lessor shall provide an in-kind rent contribution of$1,600 to YouthZone Aspen and Basalt Offices. 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. 6) Non-Assignment: This lease agreement and the rights arising under it shall not be assigned or transferred by YouthZone Aspen and Basalt Offices. - 1 - 7) Binding Effect: This lease agreement shall be binding upon the parties hereto, their respective heirs, successors and assigns. 8) Phones: Annual phone and fax bills are$900 - $1,000;the County/Lessor shall provide this amount as an in-kind contribution. 9) Covenant of Non-Interference: YouthZone Aspen and Basalt Offices agrees to undertake its activities in the leased premises in a manner, which will not interfere with other tenants, and activities in the building. 10)Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no additional charge. 11)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 YouthZone Aspen and Basalt Offices 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 County/Lessor and others as specified, from claims for bodily injuries, death, personal injury or property damage, - 2 - 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 endorse- ments 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 Products/Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form(All risks)to include (place X by applicable provisions): X Premises/Operations Underground, Explosion& Collapse Hazard 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 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: - 3 - (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 YouthZone Aspen and Basalt Offices 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 YouthZone Aspen and Basalt Offices 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) Grant Award Contingency: YouthZone Aspen and Basalt Offices 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 Lease Agreement will terminate automatically upon termination or cancellation of the Grant Award Agreement between Pitkin County and YouthZone Aspen and Basalt Offices. Termination of this Lease Agreement shall occur upon thirty (30) days written notice to the address set forth below. Upon termination of this Lease Agreement, Lessee/Agency shall vacate the premises. Lessee/Agency shall be responsible to Lessor/County for the cost of repairs, legal fees, advertising and any other costs incurred in preparing the premises for re-renting 18) 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) - 4 - 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: 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: Debbie Wilde Executive Director YouthZone 803 School Street Glenwood Springs, CO 81601 Fax: (970) 945-8924 - 5 - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. PIT YN COUNTY: f ByJ Nancy N. Sundeen Date Director of Health&Human Services APPROVED AS TO FORM: John Ely 7 Date Co ttorney istin ewkes Da Risk Manager YO Y U Ij Debbie Wilde. Date Executive Director, YouthZone Mailing Address: 803 School Street Glenwood Springs,CO 81601 ATTEST: STATE OF COLORADO ) ss. COUNTY OFArL P-tc, ) K The foregoing was acknowledged before me this a6-day of'-e-btu-s,,*�,2002,by agent YouthZone Witness my hand and official seal. Nota ublic 4pK Address My Commission expires: � m 6yUo c� iL.n so, �� ew f D -ly"-.200 a - 6 -