HomeMy WebLinkAboutbocc.con.232.2002CONTRACT
ASPEN MAINTENANCE FACILITY LEASE AGREEMENT
This Lease Agreement is made— o3 ' , 2002, between the Roaring
Fork Transportation Authority ("RFTA") (" esseee"), a political subdivision of the State
of Colorado, and Pitkin County, Colorado, a home rule county, ("County" or "Lessor").
In consideration of the mutual promises herein contained, the parties agree as
follows:
I.
GRANT OF LEASE. DESCRIPTION OF PREMISES
The County, as Lessor, hereby grants to RFTA, as Lessee, the non-exclusive
right to use the "Aspen Maintenance Facility," located at 0051 Service Center Drive,
Aspen, Colorado, for the purpose of operating transit related activities such as bus
staging, bus repair and administration for the lease term.
11.
LEASE TERM
The lease granted hereby shall be for a period of one (1) year, commencing on the
date this agreement is duly executed by the Lessor. Thereafter, said lease shall be
automatically renewed and shall continue in full force and effect for successive one-year
periods unless otherwise terminated in accordance with the provisions of this agreement.
III.
CONSIDERATION
As consideration for this agreement the parties agree to provide the following:
2. RFTA shall at its own expense perform or provide the following services
a.
Maintain and repair the building and adjacent area.
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b.
Provide interior cleaning and trash removal.
c.
Perform exterior maintenance and repairs.
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d.
Provide snow removal.
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C.
Pay all utility costs associated with the building and grounds.
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Provide regional transit service connecting Aspen and Pitkin County to
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the remainder of the Roaring Fork Valley to the extent allowed within
RFTA's annual approved budget.Q
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g.
Keep in force property and liability insurance in an amount mutually
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agreed upon by the parties. In no event shall the insurance limits be
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than the maximum liability allowed by the Colorado
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Governmental Immunity Act.
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h.
Pay the annual payment on bonds issued and ad -ministered by Pitkin
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County for the benefit of the Roaring Fork Transit Agency, RFTA's
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predecessor, until no debt remains related to the purchase of the
property.
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3. Lessor shall have no obligation to performm or provide any duties of
maintenance or landscaping at the Aspen Maintenance Facility.
IV.
LIMITATION TO DESCRIBED PURPOSES
RFTA shall use the Leased Premises solely for the purposes of operating a transit
facility and administration of RFTA.
V.
INDEMNIFICATION AND LIABILITY INSURANCE
(a) RFTA shall defend, indemnify, and hold the Lessor harmless from any and all
claims, suits, costs and liability occasioned by the acts or neglects of RFTA, or its agents,
employees, or invitees, to the extent allowed by law. In this regard, RFTA shall procure,
at RFTA's own expense, public liability coverage for the benefit of RFTA and the Lessor
(naming the Lessor as co-insured) with limits of not less than those specified by Section
24-10-114, C.R.S., as may be amended. RFTA shall maintain such coverage in full force
and effect during the term of this agreement and shall furnish the Lessor with a copy of
such insurance policy or a certificate evidencing such coverage prior to, and as a
condition of, the use of the property in accordance with the terms of this agreement. All
insurance policies maintained pursuant to this paragraph shall contain an endorsement
substantially as follows:
"It is hereby understood and agreed that this insurance policy may not be
cancelled by the surety nor the intention not to renew be stated by surety
until thirty (30) days after receipt by the Lessor, by registered mail, of a
written notice of such intention to cancel or not to renew."
VI.
TERMINATION AND AUTOMATIC RENEWAL
(a) This agreement may be terminated upon sixty (60) days written notice of
termination; provided, however, that if notice of termination is given by the Lessor after
October 1 of any year, this agreement shall terminate on the next succeeding April 15.
(c) In the event of breach of any material provision, this agreement
may be terminated upon ten (10) days' written notice.
VII.
NO ASSIGNMENT EXCEPT EXISTING LEASE
RFTA shall not assign this lease or any rights granted pursuant to this
agreement without the prior written consent of the Lessor.
VIII.
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NOTICE
All notices required pursuant to this agreement shall be in writing and shall be
deemed to have been given if either delivered personally or mailed by certified or
registered mail to either party, at the address below or to such other address as either
party may so notify the other of in writing:
COUNTY:
Pitkin County Manager
530 E. Main
Aspen, CO 81611
LX.
BINDING EFFECT
RFTA:
Executive Director
51 Service Center Dr.
Aspen, CO 81611
This Lease Agreement shall be binding upon and shall inure to the benefit of the
Lessor and RFTA and their respective successors and assigns.
X.
MISCELLANEOUS PROVISIONS
1. This agreement contains the entire understanding of the parties hereto and may
be modified only by written agreement executed by each of the parties.
2. There shall be no third -party beneficiaries to this agreement.
3. This Agreement does not contain any multiple fiscal year financial obligations
by either party that extend beyond its current fiscal year. The financial obligations of
each party under this Agreement shall be subject to and limited by the appropriation of
sufficient funds therefore by its governing body. Funds to perform this agreement have
been budgeted, authorized and appropriated by the RFTA Board of Directors for the 2001
fiscal year. Nothing herein obligates either party to budget, authorize or appropriate
funds for any fiscal year.
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Signed this
day of /1 , 2002, at Aspen Colorado,
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ROARING FORK TRANSPORTATION
AUTHORITY (LESSEE):
By: ;IAA
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Chairman, Boar o rectors
PITKIN COUNTY
(LESSOR): .
By:
Hilary&ith, County Msnejer
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page: 61 of 76
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