HomeMy WebLinkAboutbocc.con.233.2002CONTRACT
RUBEY PARK TRANSIT FACILITY LEASE AGREEMENT
This Lease Agreement is made 2002, between the Roaring
Fork Transportation Authority ("RFTA") ssee"), a political subdivision of the State
of Colorado, and the City of Aspen, Colora o, a home -rule city ("City" or "Aspen" or
"Lessor").
In consideration of the mutual promises herein contained, the parties agree as
follows:
z.
GRANT OF LEASE: DESCRIPTION OF PREMISES
The City, as Lessor, hereby grants to RFTA, as Lessee, the non-exclusive right to
use the "Rubey Park Transit Facility," located at 450 East Durant, Aspen, Colorado, for
the purpose of operating transit related activities such as bus staging, ticket sales, public
information and administration for the lease term.
IT.
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.
CONSTRUCTION OF IMPROVEMENTS
The parties acknowledge and agree that the existing improvements at the Rubey
Park Transit Facility consist of a public building used to sell tickets, dispense = C! 0
information, operate administrative offices, as well as provide public toilet facilities.
When RFTA and the City agree that remodeling or improvements are to be constructed at
the Rubey Park Transit Facility, such remodeling or construction shall occur with RFTA
being responsible for 50% of the total cost and the City being responsible for 50% of the
costs. No improvements shall be constructed by RFTA without prior written consent of affi it
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CONSIDERATION UJ 0 >
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As consideration for this agreement the parties agree to provide the following: Ul uur- 16
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6. RFTA shall at its own expense perform or provide the following services —Wo U)"
a. Maintain and repair the public building and adjacent area.
b. Provide interior cleaning and trash removal.
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c. Provide snow removal in areas other than the sidewalks and parking
lot.
d. Pay all utility costs associated with the public building and grounds.
e. Provide regional transit service connecting Aspen to the remainder of
the Roaring Fork Valley to the extent allowed within RFTA's annual
approved budget.
f. Keep in force property damage and liability insurance in an amount
mutually agreed upon by the parties. In no event shall the insurance
limits be less than the maximum liability allowed by the Colorado
Governmental Immunity Act.
7. City shall at its own expense perform or provide the following services:
a. Provide trash removal from the exterior trash receptacles.
b. Provide snow removal from the parking lot and sidewalks adjacent to
Rubey Park.
c. Maintain landscaping within Rubey Park.
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V.
LIMITATION TO DESCRIBED PURPOSES
RFTA shall use the Leased Premises solely for the purposes of operating a transit
facility.
V1.
INDEMNIFICATION AND LIABILITY INSURANCE
(a) RFTA shall defend, indemnify, and hold the City 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 fall 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."
V11.
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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.
(e) In the event of breach of any material provision, this agreement
may be terminated upon ten (10) days' written notice.
VIII.
NO ASSIGNMENT
RFTA shall not assign this lease or any rights granted pursuant to this agreement
without the prior written consent of the Lessor.
IX.
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:
CITY:
Aspen City Manager
Pitkin County
130 South Galena
Aspen, Colorado 81611
RFTA:
Executive Director
51 Service Center Drive
Aspen, Colorado 81611
X.
BINDING EFFECT
This Lease Agreement shall be binding upon and shall inure to the benefit of the
City and RFTA and their respective successors and assigns.
XI.
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
111 11111111XIfII1IPopIItl1111IXAu1NA1llllt� 476197
111
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.
Signed this day of 1Z,4,d
2002, at Aspen Colorado.
ROARING FORK TRANSPORTATION
AUTHORITY (LESSEFE):
By:
Chairman, Board of Directors
CITY OF ASPEN
(LESSOR):
By:
Steve Barwick, City Manager
°:s'n'•.,.
CARBONDALE APARTMENT BUILDING LEASE AGREEMENT
This Lease Agreement is made —-1 5 , 2002, between the Roaring
Fork Transportation Authority ("RFTA") (" essee"), a political subdivision of the State
of Colorado, and the City of Aspen, Colorado, a home -rule city, ("City") and Pitkin
County ("County"), a home rule county, (jointly, "Lessor").
In consideration of the mutual promises herein contained, the parties agree as
follows:
L
GRANT OF LEASE: DESCRIPTION OF PREMISES
The City and County, as Lessor, hereby grants to RFTA, as Lessee, the non-
exclusive right to use the "Carbondale Apartment Building," located at Lot B, First
Amendment to the Piffer Subdivision Exemption Recorded as Reception No. 429639
with the Garfield County Clerk and Recorder, 1048 Main Street, Carbondale, Colorado,
for the purpose of providing housing for RFTA employees or RFTA member government
employees.
II.
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 other -wise terminated in accordance with the provisions of this agreement.
Ill.
CONSIDERATION
As consideration for this agreement the parties agree to provide the following:
8. RFTA shall at its own expense perform or provide the following services
a. Maintain and repair the building and adjacent areas.
b. Provide exterior and interior maintenance and trash removal.
c. Provide snow removal.
d. Pay all utility costs associated with the building and grounds.
e. Keep in force property damage and liability insurance in an amount
mutually agreed upon by the parties. In no event shall the insurance
limits be less than the maximum liability allowed by the Colorado
Governmental Immunity Act.
f Manage rental services including sub -leasing to RFTA employees, or
leasing to other RFTA member government employees if RFTA is
unable to fill the units with tenants working directly for RFTA.
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9. Lessor shall have no obligation to perform or provide any duties of tenant
management, maintenance or landscaping at the Carbondale Apartments.
IV.
LIMITATION TO DESCRIBED PURPOSES
RFTA shall use the Leased Premises solely for the purposes of providing housing
for RFTA employees, or employees of RFTA member governments.
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.
(f) In the event of breach of any material provision, this agreement
may be terminated upon ten (10) days' written notice.
VII.
NO ASSIGNMENT EXCEPT FOR EMPLOYEE HOUSING
4. RFTA shall not assign this lease or any rights granted pursuant to this
agreement except for subleasing to individual employees of RFTA or employees of a
RFTA member government.
11111111111111111111111 Jill 11111111111111111111 Jill 1111 476197 11
VIII.
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:
CITY:
Aspen City Manager
Pitkin County
130 South Galena
Aspen, CO 81611
COUNTY:
Pitkin County Manager
530 E. Main
Aspen, CO 81611
IX.
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.
CONSTRUCTION OF IMPROVEMENTS
When remodeling or major improvements improvements to the facility are
needed, the lessee must receive prior written consent from the lessor. All costs of
remodeling or major improvements will be borne by the lessee.
X1.
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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H Rest of page is blank, signature page follows H
, day of
2002, at Aspen Colorado,
ROARING FORK TRANSPORTATION
AUTHORITY (LESSEE):
BY:
Chairman,BoNdofrectors
CITY OF ASPEN
(LESSOR):
By: . V
Steve Barwick, City Manager
PITKIN COUNTY
(LESSOR):
By:
Hilary.Smith, Cety Manager
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12/18/2002 09:15A
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