HomeMy WebLinkAboutbocc.ord.003.2017 � ECEPTION#:636192,R: O0O,D: 11.00
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITION
COUNTY,COLORADO,AUTHORIZING A RESIDENTIAL LEASE OF TICE LAZY
GLEN OPEN SPACE
ORDINANCE NO. D%3- '9011
RECITALS:
1. Pursuant to 30-35-301 C.R.S.,the Board of County Commissioners("BOCC")of Home
Rule Counties is authorized to make and publish ordinances for carrying into effect or
discharging the powers and duties conferred upon such counties by law and as seems
necessary.
2. Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"),the BOCC is authorized to
take official action by Ordinance for certain matters where action is prescribed pursuant
to the Colorado Revised Statues as amended.
3. The Voters of Pitkin County and the Board of County Commissioners of Pitkin County
(BOCC)established an Open Space and Trails Fund for the purposes of acquiring,
preserving managing,and maintaining open space and trails assets and resources,and
established an Open Space and Trails Board of Trustees(OSTB)to guide the expenditure
of those funds.
4. The Open Space and Trails Program(05T)is charged with protecting agriculture,open
space,habitat,scenic view planes,water rights and river access.
5. An Agricultural Lease Bid Process was adopted by the OSTB on October 7,2014 to
implement the County's Procurement Code and guide OST staff in selecting appropriate
tenants to manage and lease OST agricultural properties.
6. The original purchase of Lazy Glen Open Space is comprised of 40.1 acres and includes a
residential apartment located within a barn. The property is in dm Snowmass Canyon
arca of the Roaring Fork Valley and was acquired by Pitkin County on March 27,2015,
and recorded at reception number 618508.
7. The Procurement Code requires BOCC approval pursuant to an Ordinance for the leasing
of any Pitkin County property for more than one year.
8. The Lazy Glen Open Space Management Plan was adopted March 5,2016 and identifies
10 irrigated acres,barn,and residential apartment to be made available for leasing by an
agriculniral producer.
9. A procurement selection team comprised of Open Space Department staff have
determined that a multi-year lease will best encourage wise stewardship of these
agricultural lands.
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10.On December 6,2016,the OSTB recommended that the BOCC approve the proposed
lessee for the Lazy Glen Open Space agricultural lease area.
I L The BOCC finds that adoption of this ordinance is in the best interest of the citizens of
Pitkin County.
NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Pitkin
County,Colorado that it hereby adopts an ordinance of the Board of County Commissioners of
Pitkin County,Colorado,authorizing a residential lease of the Lazy Glen Open Space to Shining
Mountain Farms,LLC,and authorize the Chair to sign the Ordinance and upon the satisfaction
of the County Attorney as to form,execute any other associated documents necessary to
complete this matter.
INTRODUCED AND FIRST READ ON THE 21m DAY OF DECEMBER,2016 AND SET
FOR SECOND READING AND PUBLIC HEARING ON THE 11Th DAY OF JANUARY,
2017.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 29TM DAY OF
DECEMBER, 2016.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE(www.oilkincountv.com)ON THE 29TH
DAY OF DECEMBER,2016.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 11TH DAY OF
JANUARY,2017.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 19TH DAY OF JANUARY,2017.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE 1www.oitkincountv.com)ON THE 13TH DAY OF JANUARY,2017.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
By I1 . r a.A' By: ✓
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J - a Jones GeorgeN ,. ,
D Ity County Cl
Date: iJrJ/i2
APPROVED AS TO FORM: MANAGER APPROVAL
JJoly,Count ey `ion Peacock, my Manager
Gary Tannenbaum,Director
Open Space and Trails
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ATTEST: BOARRDD OF COUNTY COMMISSIONERS
. ..h.g• Br ). . . A... '
]-..i.: loos 7 GeorleN .,., w.
D.; County CL
Date: 03/19
APPROVED AS TO FORM: MANAGER APPROVAL
r/ni
1" • ��(( �� 'IoP Manager
1
Guy Temenbaa,Director
Open Space and Trails
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CONTRACT /7
LEASE AGREEMENT
THIS LEASE AGREEMENT("Agreement")is made and entered into this 2"d day of
February 2017,by the Board of County Commissioners of Pitkin County, Colorado(hereinafter
called"Lessor"),and Cooper Means, 189 Meadowood Dr.,Aspen,Colorado 81611 thereinafter
called"Lessee"),
WITNESSETH:
I. Lease Covenant. In consideration of the payment of the rents and the keeping and
performing of the covenants and agreement hereinafter set forth by the Lessee,the Lessor
hereby leases to the Ieare the premises situated in Pitkin County,Colorado described as
follows(the"Premises"):99 North River Road,Snowmass,CO 81654.
2. Lease Term. The term of this Agreement shall commence on February 1,2016.and shall
expire on December 31,2027,(the"Primary Term")unless sooner terminated as
provided herein,subject to the terms and conditions of this Agreement. Unless
terminated as provided herein,Lessee shall have the right to renew the lease at the end of
the Primary Term for an additional one-year term, upon written agreement with Lessor.
3. Rent.
a. Rent for the Primary Term of this lease shall be paid in monthly installments of
$600.00 commencing on February 1,2016 and continuing on the first day of each
calendar month thereafter.
b. Lessee has paid a Security Deposit of$600.00.
c. It is agreed that in the event of any default in the payment of rent in excess of five(5)
days in any of the installments allowed in this Agreement,the whole of the rent
reserved for the then remaining period,shall,at the option of the Lessor, become due
and payable without any notice or demand from the Lessor.
d. Rent payments shall be made in the form of a personal check,cashier's check or
money order made out to Pitkin County and delivered or mailed to Lessor at the
address of: Pitkin County Open Space&Trails,806 West Hallam Street,Aspen,CO
81611.
e. If Lessee makes any payment to Lessor by a check which is later dishonored for any
reason,Lessor may,in addition to the other remedies available to it hereunder,require
that future rental payments be made by cashier's check or certified funds. Lessee
agrees to pay Lessor$35 for each instance that a check written to Pitkin County is
dishonored in addition to a late payment charge. Lessor,at its option,has the right to
terminate this Agreement upon receiving its first dishonored check from Lessee.
f. Commencing on the fust anniversary of the date of commencement of this Agreement
as determined in paragraph 2 and annually thereafter during the term of this
Agreement,rent shall be adjusted upward based on increases(if any)in the cost of
living during the preceding year using the Boulder-Denver-Greeley Consumer Price
Index for Urban Wage Earners and Clerical Workers(CPI-W)published by the
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United States Department of Labor,Bureau of Labor Statistics. The annual rent
increase shall be calculated by multiplying the percentage of increase in the cost of
living by the annual rent for the preceding year,PROVIDED HOWEVER THAT
THE ANNUAL RENT WILL INCREASE BY THE GREATER OF THE
CALCUATION AS SET FORTH HEREIN OR 2%BUT SHALL NOT EXCEED
4%.
g. Lessor shall within a reasonable period of time after obtaining the appropriate data
necessary for computing such increases, give Lessee notice of any increase so
determined.
i. If the publication of the Consumer Price Index as described in subsection g above
shall be discontinued,the parties hereto shall thereafter accept comparable
statistics on the cost of living for a comparable group or the average of all U.S.
cities,all items,as the same shall be computed and published by an agency of the
United States or by a responsible financial periodical of recognized authority then
to be selected by the parties hereto.
4. Late Charges. Lessee shall be assessed a late charge of$50 if rent has not been paid by
the close of business on the fifth day(5th)of the month.If the 5th falls on a Saturday,
Sunday or holiday,rent will considered late on the following business day. Lessor's
failure to collect any late charges that have accrued shall not be deemed to be a waiver of
these charges and Lessor shall be entitled to deduct all accrued and unpaid late charges
out of Lessee's Security Deposit upon termination of this Agreement. Late charges shall
accrue as provided hereunder in any case where the full rent,or any portion thereof,due
hereunder remains unpaid.Accordingly,partial payments of rent will not prevent the full
late charge from being applied to the amounts due.
5. Security Deposit.
a. The Lessee, as stated above,shall deposit with the Lessor the sum of$600.00 as
security for the faithful performance of the terms and obligations of the Lessee
provided for herein. This Security Deposit shall be held by Lessor,for the tens of
the lease. No interest shall be paid to Lessee on the Security Deposit. The
Lessor,at its option,may apply proceeds from the Security Deposit as partial or
full payment for any month's rent unpaid during the lease term,including late
charges, after written notice to Lessee. The Lessor further can apply any proceeds
from the Security Deposit to the repair of damage caused to the Premises stated
after written notice to Lessee. The Security Deposit shall not be deemed to be the
total amount for which the Lessee shall he responsible in the event of damage
caused by the Lessee. The Lessee shall be responsible and liable for damage
caused by pets,guests,tenants and any other invitees of the Lessee.
b. In the event that cause exists for retaining any portion of the Security Deposit,
Lessor not later than 60 days after the expiration or sooner termination hereof,
shall provide Lessee with payment of the unused portion of this deposit and an
accounting of deductions. Said sixty(60)day notice shall be deemed given upon
deposit in the mail,regular postage pm-paid addressed to Lessee at the address set
forth in this Agreement.This Security Deposit shall not be construed as liquidated
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damages and shall not impair or alter remedies otherwise available to Lessor
hereunder,or at law or in equity,including the right to proceed against the Lessee
for rent,damages or expenses not adequately covered by the deposit.In the event
Lessee unlawfully attempts to terminate this lease or abandons the Premises,
Lessor shall be entitled to retain the entire Security Deposit.
c. In the event of default and failure to cur;or if Lessee abandons the Premises,or
should Lessee be evicted,Lessor,in addition to any other remedies available to it,
may re-enter the Premises without any liability to Lessee therefore,and as agent
for 1 reset or otherwise,re-let the Premises.The proceeds of any re-letting shall
be applied fust to the cost and expenses, including reasonable attorney's fees,
incurred by Lessor in order to re-enter and re-let the Premises,and then to rent
liabilities,expenses and other obligations of Lessee accrued subsequent to the
date of re-entry.Lessee shall remain liable to Lessor for all rent,liabilities,
expenses and other obligations hereunder for which recovery is not made by
Lessor through re-letting as provided in paragraph 26 below.
d. The rights and remedies of Lessor provided for herein arc in addition to and not
an exclusion of any other remedies available to them at law or in equity.
6. Notice of Intent to Terminate at End of Lease Term. If Lessee does not wish to renew
this lease at the expiration of the term hereof,Lessee shall so notify Lessor of its intent to
vacate the Premises on the termination date at least 30 days prior to the termination date
of this Agreement.Lessor,in its sole discretion,may determine to renew the lease or
terminate it(or any reason,including but not limited to,termination by Lessor of
Lessee's Agricultural Lease as described in paragraph 27 below or Lessee's maintenance
of the premises as required in paragraphs B and 9 below. If Lessee does not renew for
another lease term and vacates the Premises at the end of the lease term without
providing such 30-day notice,Lessee agrees that as and for liquidated damages,Lessor
shall be entitled to retain Lessee's Security Deposit at the end of the lease term,plus
recover from Lessee any damages or cleaning charges incurred by Lessor as a result of
Lessee's vacation of the Premises.
Lessee understands and accepts that the lease of the Premises is contingent and dependent
upon continued employment within Pitkin County,Colorado. If during the initial term or
any subsequent term of this Lease Agreement,Lessee no longer is employed within
Pitkin County for any reason,this lease shall be considered cancelled by the parties and
Lessee shall leave the premises within sixty(60)days to the Lessor in a manner
consistent with the terms of this Agreement.
7. Inspection. Lessor or its agents shall have the right to inspect the premises at reasonable
times during the term of this lease upon giving reasonable notice to the Lessee of the
intent to inspect. The amount of time necessary for notice shall be governed by the
circumstances under which inspection is carried out.
8. Condition of the Premises. Lessee hereby acknowledges that Lessee has inspected the
Premises and fixtures and warrants that the same are in good condition and suitable for
the use intended at the time of taking possession of the Premises. Lessee further
acknowledges that there is no damage to the Premises,furniture or Crrtares at the
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commencement of this lease other than as specifically set forth in writing,signed by
the parties at the commencement of this lease initialed by Lessor and Lessee.Lessee,
at Lessee's own cost,agrees to maintain the Premises,together with all appurtenances
thereto,all fixtures and appliances,in accordance with paragraphs 9.0 and 9.1 below,and
shall at the expiration or sooner termination hereof deliver the same to Lessor in their
present condition and state of repair,reasonable wear and tear excepted.Lessee shall be
responsible for any damage to the Premises or any portion thereof,caused by the acts or
omissions of Lessee or Lessee's family,agents or guests. In the event of such damage,
Lessee shall deliver immediate notice thereof to Lessor. Lessor at its sole option,may
require Lessee to repair said damage at Lessee's own cost and expense,or Lessor may
repair such damage and charge the expense thereof to Lessee as additional rent
hereunder.
9. Maintenance of Premises.Lessee shall maintain the premises in a reasonably clean and
safe manner,including the following:
a. Keep the Premises reasonably clean,safe,and sanitary as permitted by the
condition of the Premises;
b. Dispose of ashes,garbage,rubbish,and other waste from the Premises in a clean,
safe,sanitary,and legally compliant manner,
c. Use in a reasonable manner all electrical,plumbing,sanitary,beating,ventilating,
air-conditioning(if any),and other facilities and appliances within the Premises;
d. Conduct himself or herself and require other persons upon or within the Premises
within the Lessee's control,to conduct themselves in a manner that docs not
disturb their neighbors'peaceful enjoyment of the neighbor's dwelling unit(s)or
Property;
e. Promptly notify the Lessor if the Premises is uninhabitable as defined in C.R.S.§
38-12-505 or if there is a condition that could result in the Premises becoming
uninhabitable if not remedied and;
f.
Lessee shall not knowingly,intentionally,deliberately,or negligently destroy,
deface,damage,impair,or remove any par of the Premises or knowingly permit
any person within his or her control to do so.
10.Use of the Premises. The Lessee shall use the Premises for residential and related
purposes only and shall permit no activity on the premises which will violate the laws of
the County of Pitkin.State of Colorado,or United States. This lease is also subject to all
agreements and protective covenants of record or off record,which covenants and
agreements shall not be violated by Lessee. Lessee shall not use nor permit the Premises
or any part of the Premises,to be used for any business purposes(except home office
uses without signs or client traffic)or unlawful purpose of any sort.
11.Number of Occupants. Lessee agrees that there will not be more than two(2)permanent
occupants of the Premises. Lessee shall be permitted occasional overnight guests,but at
no time shall other than the named Lessee hereunder permanently occupy the premises.
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12.Pets. Lessee shall be permitted to keep one(1)dog on the Premises,so long as said dog
is not damaging the Premises. In such event,the dog shall be removed,or the lease may
be terminated on 30 days' notice. Additionally,dogs must be leashed,cleaned up after
and make no excessive noise.
13.Sublease or Assignment.The Lessee shall not sublease or assign the Premises(or any
portion of said Premise)without the prior written consent of the Lessor,which consent
shall be given in Lessor's sole discretion,in the event Lessee,having obtained such
written agreement/consent of the Lessor,shall assign or sublease this lease agreement to
a nominee or some person,the Lessee shall guarantee the performance of the lease
obligations provided for the Lessee under this lease.
14. Utilities. Lessee shall,except as provided for herein,pay for all utilities,including
electric,gas,cable TV,telephone and trash removal in connection with the premises.
Lessee's failure to pay these utilities in a timely fashion shall be deed a default hereunder.
15.Noises. J eKea shall not permit loud noises, whatever the source,from the leased
premises to disturb the neighborhood.
16. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement,the substantially prevailing party,whether by final judgment
or out of court settlement,shall recover from the other patty all costs and expenses of
such action or suit including reasonable attorney's fees.
17. Alterations. The Lessee shall not make any alterations,additions,improvements or
repairs to the Premises(other than ordinary maintenance)without the prior written
consent of the Lessor,and all work,after any such consent shall be given,shall be done
in a satisfactory and workmanlike manner and with satisfactory materials,subject to the
written approval and physical inspection and supervision of the I Pccor. Any alterations,
additions or improvements,when made or attached to the Premises,shall belong to and
become the property of Lessor and shall be surrendered upon the expiration or sooner
termination of this lease. Lessee shah not permit any lien or other encumbrance to be
filed against the Premises in connection therewith,and shall indemnify Lessor against
such liens and encumbrances.
18.Misuse and Neglect or Injury to the Premises. •
a. The Lessee shall,at his own cost and expense,take good care of the Premises and
shall at his own cost and expense,make all repairs required to the ceilings,walls,
floors,windows, fixtures,paper,pipes,plumbing work and furniture,if the
premises are furnished,whenever such damage and injury shall result from the
Lessee's misuse or neglect;and,at the end or other expiration of the terms hereof,
the Lessee shall deliver up the premises in good order and condition,reasonable
wear and tear excepted.
b. All injury to the Premises,or to the fixtures,caused by moving any property of
the Lessee,in or out of the Premises,and all breakage or other injury done by the
J',see,or his family,agents,servants,or visitors,as well as any damage caused
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by the overflow or escape of water,gas electricity,or other substance,due to the
negligence of the Lessee,or the family, agents,servants,roommates or visitors of
the Lessee shall be repaired by the Lessor,at the expense of the Lessee. The costs
shall be determined on statements rendered by the Lessor to the Lessee and the
sum so determined shall be payable to the Lessor upon delivery of such
statements.
c. The Lessor shall not be liable for any damage to any property or person at any
time in the Premises from gases,or electricity,or from water,rain,or snow,
whether they may leak into,issue,or flow from any pan of the Premises,or from
pipe,or plumbing works,or from any other place or quarter,unless caused by the
Lessor's affirmative act of negligence,or an affirmative act of negligence by the
Lessor's agents or employees.The Lessee shall give to the Lessor prompt written
notice of any accident to,of defect in,the water pipes,warming apparatus or
electric wires,and the same shall be remedied by Lessor with due diligence,
subject to subparagraph 18(a)and(b)of this Agreement.
19.Applicable Law and Venue. This Agreement is to be construed according to the laws of
the State of Colorado. Jurisdiction for any disputes hereunder shall be in the couns in
and of Pitkin County and the State of Colorado.
20.Notice. Any notice required or permitted under this Agreement shall be in writing and
shall be hand-delivered or sent by registered or certified regular mail,postage pre-paid to
the addresses of the parties as follows. For the purpose of counting days for the notice
period,the period shall commence three days from the date of the postmark of the letter
as mailed. Each party by notice sent under this paragraph may change the address to
which future notices should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of
the sender. The address for the Lessor and the Lessee for notice are as follows:
To Lessor: To Lessee:
Board of County Commissioners of Shining Mountains Farm LLC
Pickin County,Colorado Ann:Cooper Means
123 Emma Road,Suite 106 186 Meadowood Dr.
Basalt, CO 81621 Aspen,CO 81611
With Copies to:
Pitkin County Attorney's Office
123 Emma Road,Suite 204
Basalt,CO 81621
Paul Holsinger
Agriculture and Conservation Easement Administrator
Pitkin County Open Space and Trails
806 West Hallam Street
Aspen, Colorado 81611
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21.Severability. If any provision of this lease shall be declared invalid or unenforceable, the
remainder of the lease shalt continue in full force and effect.
22.Quiet Enjoyment. Subject to the terms of this Agreement,and the faithful performance
of Lessee's obligations hereunder,Lessee shall have quiet enjoyment of the Premises
during the term hereof,provided however,that Lessor shall not be responsible far any
disturbances caused to!inset as a result of actions not directly attributable to Lessor,
including without limitation,maintenance and repair,traffic noises,construction noises
and other disturbances.
23. Joint and Severable Liability. In the event that more than one Lessee is obligated under
the terms of this lease,each such Lessee shall be jointly and severally liable for the
fulfillment of all of the obligations of this lease,including without limitation,the
payment of rent and the payment of the Lessees other financial obligations hereunder.
24. Casualty. In case of fire or other casualty,the Lessee shall give immediate notice to
Lessor.If the leased Premises are not livable as a result of fire,the elements or by any
other cause not resulting from Lessees'neglect or default,the obligation to pay rent shall
cease until the demised Premises shall be substantially repaired,whereupon the
obligation to pay rent shall resume to the same extent and at the sante rate as if the
damage had not occurred.However,the obligation to pay rent shall not cease nor shall
any reduction in the rental payment be made during the period that Lessee continues to
reside in the Premises. In no event,however,shall the provisions of this clause become
effective or be applicable if fire or other casualty or damage shaft be the result of
carelessness,negligence or improper licensees, invitees,sub lessees,assignees or
successors.In such case,the Lessee's liability for the payment of rent and the
performance of all the covenants and conditions and terms hereof on the Lessee's part to
be performed shall continue and the Lessee shall be liable to the Lessor for the damage
and loss suffered by Lessor,including all repairs and rebuilding expenses. Lessor shall
not be responsible for any loss or damage of Lessee's personal property.
25.Condemnation. In the event that the Premises are taken by an authority exercising the
power of eminent domain,this lease shall terminate as of the date possession shall be
taken by the condemner.Lessee waives all claims against Lessor or any condemning
authority by reason of the complete or partial taking of the Premises,or the remainder of
the Premises,and shall not be entitled to receive any part of any award that Lessor may
receive,hereby quitclaiming ail interact therein to Lessor,unless otherwise prescribed by
law.
26.Default and Termination. If them shall be a default in the performance of the payment of
rent or any part thereof for more than three(3)days after written notice of such default
from Lessor or Lessor's agent to Lessee this Agreement and all rights of Lessee
hereunder shall terminate.If there shall be a delinquency by Lessee in the performance of
any other covenant,agreement,condition.tele or regulation herein contained or hereafter
established for more than three(3)days after written notice of such default from Lessor
to lessee,Lessor,or Lessor's agent,at any time thereafter may terminate this Lease by
providing a notice to quit to Lessee,which notice to quit shall be effective upon delivery
to Lessee or upon posting on the front door of the Premises.In that case, this lease shall
terminate and all rights of Lessee hereunder shall terminate.Lessor may also terminale
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this lease for any substantial violation in accordance with the provisions of C.R.S. 13-40-
107.5.
3-0Q107.5.
The abandonment of the premises by the lessee as defined in C.R.S. §38-12-501,shall
constitute a default under this Agreement and all rights of Lessee shall there upon
terminate. Prior to expiration or termination,Lessor may inspect the premises as
provided in paragraph 7 above to determine compliance by Lessee with the terms of this
Agreement,including but not limited to condition of the Premises.
Upon termination of this Agreement,pursuant to the preceding subparagraph or
otherwise,Lessee shall peacefully surrender the leased Premises to Lessor,and Lessor
may.upon or al any time after such termination,without further notice,re-enter the
leased Premises and repossess it by force,summary proceedings,ejectment,or otherwise,
and may dispossess Lessee and remove Lessee and all other persons and property from
the leased Premises. Lessee shall be responsible for any and all costs and attomey's fees
incurred by Lessor in enforcing the provisions contained in this paragraph.At any time
after such termination,I e'sor may re-let the leased Premises or any part thereof,in the
name of the Lessor or otherwise for such term(which may be greater or less than the
period which would otherwise have constituted the balance of the term of this Lease)and
on such conditions as Lessor,at its discretion,may determine,and may collect and
receive the rents therefore. Lessor shall in no way he responsible for or liable for any
failure to re-let the leased Premises or any part thereof,or for any failure to collect any
rent due upon such re-letring.
No termination of this Lease shall relieve Lessee of Lessee's liability and obligations
under this Agreement,and such liability and obligations shall survive any such
termination.In the event of any such termination,whether or not the leased Premises or
any part thereof shall have been re-let,Lessee shall pay to Lessor the rent required to be
paid by Lessee up to the time of such termination,and thereafter Lessee,until the end of
what would have been the term of this Agreement in the absence of such termination,
shall be liable to Lessor for,and shall pay to Lessor,as and for liquidated and agreed
damages for Lessee's default:
a. The equivalent of the amount of rent which would be payable under this
Agreement by Lessee if this Agreement were still in full force and effect,
including charges for all utilities and services as provided in this Agreement.
b. The net proceeds of any re-letting effected pursuant to the provisions of the
preceding subparagraph,after deducting all of Lessor's reasonable expenses in
connection with such re-letting,including but not limited to all repossession costs,
brokerage commissions,legal expenses, attorneys'fees and expenses of
preparation for such re-letting.
27.Default of Agricultural Lease. The default,termination,or violation of the Agricultural
Land Lease for Lazy Glen Open Space,held by the Lessee,shall constitute a default of
this Agreement as described above in Section 26"Default and Termination'.
28.Additional Remedy Upon Default.If Lessee shall be in default hereunder as above
defined,Lessor may, at its option,cure such default on behalf of Lessee without the
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exercise of its rights as contained in paragraph 26 of this Agreement,in which event
Lessee shall reimburse Lessor for all sums paid to effect such curing,including
nonpayment of rent,together with interest at the rate of 18%per annum and reasonable
attorneys'fees incurred in collection shall be paid by Lessee to Lessor on demand and
shall be recoverable as additional mot.
29.Lessee's Property Remaining on Premises. In the event the term of this lease expires or
is otherwise terminated,or the Premises are abandoned bereuoder,and Lessor enters into
possession of the Premises and there is within the Premises furniture,furnishings,
fixtures,or other personal property of the Lessee,Lessor shall have the right and option
without liability to Lessor. 1)to store such property in a warehouse or other storage space
provided by Lessor or others at the reasonable storage expense of Lessee;or 2)to cause
such property to be sold at public or private sale with or without notice to Lessee,at
which sale Lessor may be purchaser, and to apply the proceeds of such sale first to the
reasonable incurred expenses of collection or sale and thereafter on any indebtedness due
by Lessee to Lessor,with any excess over the amounts required for such purposes
payable to Lessee,or(3)in the discretion of Lessor should such property be deemed by it
of small value,said property may be discarded or destroyed.For purposes of this
paragraph,an abandonment shall be determined consistent with C.R.S. § 38-12-510.
30.Holding Over. Upon the expiration or sooner termination hereof,Lessee shall
immediately and without notice from Lessor surrender possession of the Premises to
Lessor. In the event Lessee does not so vacate the Premises,Lessee's holding over shall
not be deemed a tenancy of any kind or nature whatsoever and I Pew shall be subject to
eviction proceedings without further notice.For purposes of such proceedings,Lessee
shall pay the fair rental value of the Premises for the period of such holding over. The
Lessee stipulates that such rental shall be that charged for the Premises for under this
lease,or that amount provided for in this lease,whichever is greater.Payments made by
Lessee(s)to Pitkin County during such holdover shall be credited to Lessee's obligation
to pay the fair rental value of the Premises,but shall not create any rights in tenancy,of
any kind or nature whatsoever,and Lessee shall remain subject to eviction without
further notice. If Lessee remains on the Premises,the tenancy so created shall be a
tenancy at will.
31.Indemnity. Lessee hereby agrees to and does indemnify and hold Lessor harmless from
and against any and all claims,demands,causes,judgments or liability for any losses or
damage to any property of,or any injury or death to,any persons in or about the Premises
during the term of this Agreement,including,but not limited to lessee,Lessee's family,
agents,servants,guests,licensees,or invitees;and further,Lessee shall indemnify Lessor
for any payments,expenses,costs or attorney fees incurred by Lessor as a result of such
losses,damages,injury or death.
32. Waiver. Failure of Lessor to declare any default immediately upon occurrence thereof
and any delay in taking any action in connection therewith shall not waive such default,
but Lessor shall have the right to declare any such default at any time.
33.Nondicerimination. Lessor shall not discriminate against any Lessee because of age,race,
color,religion,sex,creed,marital status,sexual orientation,public assistance status,
disability,handicap,or nationality or ancestry.
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34.Modification. This Agreement may not be modified except in writing signed by the
patties.
35.References. If Lessee provides any prospective Lessor with Lessor as a reference,or if
any new prospective Lessor of Lessee contacts Lessor for information regarding Lessee
as a Lessee,Lessor will provide all information requested by such new Lessor pertaining
to Lessee's rental history,including all information regarding timely payment of rent,
adherence by the Lessee to the rules and regulations,the condition of the Premises upon
Lessee's vacation thereof,and any other information deemed relevant to the inquiring
Lessor that Lessor does not believe constitutes confidential information.
36.Binding Effect. The terms and conditions of this lease shall extend to and be binding
upon the heirs,executors,legal representatives,surrecsors and assigns of the parties
hereto.
(Signature page follows)
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IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the date
first above written.
LESSOR: LESSEE:
Board of County Commissioners of Shining Mountains Farm LLC
Pitkin County,Colorado
PJA21(--; er/2117
George Newman, air 'Date Cooper Means Date
APPROVED AS TO FORM: ATTESTATION:
OP
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John Date Jean'tc Jones Date
jyt• : .unty Attorney
Mil 11111111111111 111111 11111111111
RECEPTIONS:636193,R: $0.00,D:$0.00 �p
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DOC CODE:LEASE
f3OAM tale:ail
Janice K.Vos Caudill,Pitkin Pg of 11,0211617 at onry,CO CONTRACT
LEASE AGREEMENT
THIS LEASE AGREEMENT("Agreement")is made and entered into this 2'd day of
February 2017,by the Board of County Commissioners of Pitkin County,Colorado(hereinafter
called"Lessor"),and Cooper Means, 189 Meadowood Dr.,Aspen,Colorado 81611 (hereinafter
called"Lessee"),
WITNESSETH:
I. Lease Covenant. In consideration of the payment of the rents and the keeping and
performing of the covenants and agreement hereinafter set forth by the Lessee,the Lessor
hereby leases to the Lessee the premises situated in Pitkin County,Colorado described as
follows(the"Premises"): 99 North River Road,Snowmass,CO 81654.
2. Lease Term. The term of this Agreement shall commence on February 1,2016,and shall
expire on December 31,2027,(the"Primary Term")unless sooner terminated as
provided herein,subject to the terms and conditions of this Agreement Unless
terminated as provided herein,Lessee shall have the right to renew the lease at the end of
the Primary Term for an additional one-year term,upon written agreement with Lessor.
3. Rent.
a. Rent for the Primary Tenn of this lease shall be paid in monthly installments of
$600.00 commencing on February I, 2016 and continuing on the first day of each
calendar month thereafter.
It Lessee has paid a Security Deposit of$600.00.
c. It is agreed that in the event of any default in the payment of rent in excess of five(5)
days in any of the installments allowed in this Agreement,the whole of the rent
reserved for the then remaining period,shall,at the option of the Lessor,become due
and payable without any notice or demand from the Lessor.
d. Rent payments shall be made in the form of a personal check,cashier's check or
money order made out to Pitkin County and delivered or mailed to Lessor at the
address of: Pitkin County Open Space&Trails,806 West Hallam Street,Aspen, CO
81611.
e. If Lessee makes any payment to Lessor by a check which is later dishonored for any
reason,Lessor may,in addition to the other remedies available to it hereunder,require
that future rental payments be made by cashier's check or certified funds Lessee
agrees to pay Lessor$35 for each instance that a check written to Pitkin County is
dishonored in addition to a late payment charge. Lessor, at its option,has the right to
terminate this Agreement upon receiving its first dishonored check from Lessee.
f. Commencing on the first anniversary of the date of commencement of this Agreement
as determined in paragraph 2 and annually thereafter during the term of this
Agreement,rent shall be adjusted upward bawd on increases(if any)in the cost of
living during the preceding year using the Boulder-Denver-Greeley Consumer Price
Index for Urban Wage Earners and Clerical Workers(CPI-W)published by the
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United States Department of Labor,Bureau of Labor Statistics. The annual rent
increase shall be calculated by multiplying the percentage of increase in the cost of
living by the annual rent for the preceding year,PROVIDED HOWEVER THAT
THE ANNUAL RENT WILL INCREASE BY THE GREATER OF THE
CALCUATION AS SET FORTH HEREIN OR 2%BUT SHALL NOT EXCEED
4%.
g. Lessor shall within a reasonable period of time after obtaining the appropriate data
necessary for computing such increases,give Lessee notice of any increase so
determined.
i. If the publication of the Consumer Price Index as described in subsection g above
shall be discontinued,the parties hereto shall thereafter accept comparable
statistics on the cost of living for a comparable group or the average of all U.S.
cities,all items,as the same shall be computed and published by an agency of the
United States or by a responsible financial periodical of recognized authority then
to be selected by the parties hereto.
4. Late Charges. Lessee shall be assessed a late charge of$50 if rent has not been paid by
the close of business on the fifth day(5th)of the month. If the 51"falls on a Saturday,
Sunday or holiday,rent will considered late on the following business day.Lessor's
failure to collect any late charges that have accrued shall not be deemed to be a waiver of
these charges and Lessor shall be entitled to deduct all accrued and unpaid late charges
out of Lessee's Security Deposit upon termination of this Agreement. Late charges shall
accrue as provided hereunder in any case where the full rent,or any portion thereof,due
hereunder remains unpaid.Accordingly,partial payments of rent will not prevent the full
late charge from being applied to the amounts due.
5. Security Deposit.
a. The Lessee,as stated above,shall deposit with the Lessor the sum of$600.00 as
security for the faithful performance of the terms and obligations of the Lessee
provided for herein. This Security Deposit shall be held by Lessor,for the term of
the lease. No interest shall he paid to lessee on the Security Deposit. The
Lessor,at its option,may apply proceeds from the Security Deposit as partial or
full payment for any month's rent unpaid during the lease term,including late
charges,after written notice to Lessee. The Lessor further can apply any proceeds
from the Security Deposit to the repair of damage caused to the Premises stated
after written notice to Lessee. The Security Deposit shall not be deemed to be the
total amount for which the Lessee shall be responsible in the event of damage
caused by the Lessee. The Lessee shall be responsible and liable for damage
caused by pets, guests,tenants and any other invitees of the Lessee.
h. In the event that cause exists for retaining any portion of the Security Deposit,
Lessor not later than 60 days after the expiration or sooner termination hereof,
shall provide Lessee with payment of the unused portion of this deposit and an
accounting of deductions.Said sixty(60)day notice shall be deemed given upon
deposit in the mail,regular postage pre-paid addressed to Lessee at the address set
forth in this Agreement.This Security Deposit shall not be construed as liquidated
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damages and shall not impair or alter remedies otherwise available to Lessor
hereunder,or at law or in equity,including the right to proceed against the Lessee
for rent,damages or expenses not adequately covered by the deposit.In the event
Lessee unlawfully attempts to terminate this lease or abandons the Premises.
Lessor shall he entitled to retain the entire Security Deposit.
c. In the event of default and failure to cure,or if Lessee abandons the Premises,or
should Lessee be evicted,Lessor,in addition to any other remedies available to it,
may re-enter the Premises without any liability to Lessee therefore,and as agent
for Lessee or otherwise,re-let the Premises.The proceeds of any re-letting shall
be applied first to the cost and expenses,including reasonable attorney's fees,
incurred by Lessor in order to re-enter and re-let the Premises,and then to rent
liabilities,expenses and other obligations of Lessee accrued subsequent to the
date of re-entry. Lessee shall remain liable to Lessor for all rent,liabilities,
expenses and other obligations hereunder for which recovery is not made by
Lessor through re-letting as provided in paragraph 26 below.
d. The rights and remedies of Lessor provided for herein am in addition to and not
an exclusion of any other remedies available to them at law or in equity.
6. Notice of Intent to Terminate at End of Lease Term. if Lessee does not wish to renew
this lease at the expiration of the term hereof,Lessee shall so notify Lessor of its intent to
vacate the Premises on the termination date at least 30 days prior to the termination date
of this Agreement.Lessor, in its sole discretion, may determine to renew the lease or
terminate it for any reason,including but not limited to,termination by Lessor of
Lessee's Agricultural Lease as described in paragraph 27 below or Lessee's maintenance
of the premises as required in paragraphs 8 and 9 below. If Lessee does not renew for
another lease term and vacates the Premises at the end of the lease term without
providing such 30-day notice,Lessee agrees that as and for liquidated damages,Lessor
shall be entitled to retain Lessee's Security Deposit at the end of the lease term,plus
recover from Lessee any damages or cleaning charges incurred by Lessor as a result of
Lessee's vacation of the Premises.
Lessee understands and accepts that the lease of the Premises is contingent and dependent
upon continued employment within Pitkin County,Colorado. If during the initial term or
any subsequent term of this Lease Agreement,Lessee no longer is employed within
Pitkin County for any reason,this lease shall be considered cancelled by the parties and
Lessee shall leave the premises within sixty(60)days to the Lessor in a manner
consistent with the terms of this Agreement.
7. Inspection. Lessor or its agents shall have the right to inspect the premises at reasonable
times during the term of this lease upon giving reasonable notice to the I essee of the
intcnt to inspect. The amount of time necessary for notice shall be governed by the
circumstances under which inspection is carried out.
8. Condition of the Premises. Lessee hereby acknowledges that Lessee has inspected the
Premises and fixtures and warrants that the same are in good condition and suitable for
the use intended at the time of taking possession of the Premises. Lessee further
acknowledges that there is no damage to the Premises,furniture or fixtures at the
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commencement of this lease other than as specifically set forth in writing,signed by
the parties at the commencement of this lease initialed by Lessor and Lessee.Lessee,
at lessee's own cost,agrees to maintain the Premises,together with all appurtenances
thereto,all fixtures and appliances,in accordance with paragraphs 9.0 and 9.1 below,and
shall at the expiration or sooner termination hereof deliver the same to Lessor in their
present condition and slate of repair,reasonable wear and tear excepted.Lessee shall be
responsible for any damage to the Premises or any portion thereof,caused by the acts or
omissions of Lessee or Lessee's family,agents or guests.In the event of such damage,
Lessee shall deliver immediate notice thereof to Lessor. Lessor at its sole option,may
require Lessee to repair said damage at Lessee's own cost and expense,or Lessor may
repair such damage and charge the expense thereof to Lessee as additional rent
hereunder.
9. Maintenance of Premises.Lessee shall maintain the premises in a reasonably clean and
safe manner,including the following:
a. Keep the Premises reasonably clean,safe,and sanitary as permitted by the
condition of the Premises;
b. Dispose of ashes,garbage,rubbish,and other waste from the Premises in a clean,
safe,sanitary,and legally compliant manner;
c. Use in a reasonable manner all electrical,plumbing,sanitary,heating,ventilating,
air-conditioning(if any),and other facilities and appliances within the Premises;
d. Conduct himself or herself and require other persons upon or within the Premises
within the Lessee's control, to conduct themselves in a manner that does not
disturb their neighbors'peaceful enjoyment of the neighbor's dwelling unit(s)or
properly;
e. Promptly notify the Lessor if the Premises is uninhabitable as defined in C.R.S.§
38-12-505 or if there is a condition that could result in the Premises becoming
uninhabitable if not remedied and;
!. Lessee shall not knowingly,intentionally,deliberately,or negligently destroy.
deface,damage,impair,or remove any part of the Premises or knowingly permit
any person within his or her control to do so.
10. Use of the Premises. The Lessee shall use the Premises for residential and related
purposes only and shall permit no activity on the premises which will violate the laws of
the County of Pitkin,State of Colorado,or United States. This lease is also subject to all
agreements and protective covenants of record or off record,which covenants and
agreements shall not be violated by Lessee. Lessee shall not use nor permit the Premises
or any part of the Premises,to be used for any business purposes(except home office
uses without signs or client traffic)or unlawful purpose of any sort
11.Number of Occupants. Lessee agrees that them will not be more than two(2)permanent
occupants of the Premises. Lessee shall be permitted occasional overnight guests,but at
no time shall other than the named Inset hereunder permanently occupy the premises.
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12. Pets. Lessee shall be permitted to keep one(1)dog on the Premises, so long as said dog
is not damaging the Premises. In such event,the dog shall be removed,or the lease may
be terminated on 30 days' notice. Additionally,dogs must be leashed,cleaned up after
and make no excessive noise.
13. Sublease or Assignment.The Lessee shall not sublease or assign the Premises(or any
portion of said Premise)without the prior written consent of the Lessor,which consent
shall be given in Lessor's sole discretion,in the event Lessee,having obtained such
written agreement/consent of the Lessor,shall assign or sublease this lease agreement to
a nominee or some person,the Lessee shall guarantee the performance of the lease
obligations provided for the Lessee under this lease.
14. Utilities. Lessee shall,except as provided for herein,pay for all utilities,including
electric,gas,cable TV.telephone and trash removal in connection with the premises.
Lessee's failure to pay these utilities in a timely fashion shall be deed a default hereunder.
15.Noises. lessee shall not permit loud noises,whatever the source,from the leased
premises to disturb the neighborhood.
t6. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement.the substantially prevailing party,whether by final judgment
or out of court settlement,shall recover from the other party all costs and expenses of
such action or suit including reasonable attorney's fees.
17. Alterations. The Lessee shall not make any alterations,additions, improvements or
repairs to the Premises(other than ordinary maintenance)without the prior written
consent of the Lessor,and all work,after any such consent shall be given,shall be done
in a satisfactory and workmanlike manner and with satisfactory materials,subject to the
written approval and physical inspection and supervision of the Lessor. Any alterations,
additions or improvements,when made or attached to the Premises,shall belong to and
become the property of Lessor and shall be surrendered upon the expiration or sooner
termination of this lease. Lessee shall not permit any lien or other encumbrance to be
filed against the Premises in connection therewith,and shall indemnify Lessor against
such liens and encumbrances.
18.Misuse and Neglect or Injury to the Premises.
a. The Lessee shall,at his own cost and expense,take good care of the Premises and
shall at his own cost and expense,make all repairs required to the ceilings,walls,
floors,windows,fixtures,paper,pipes,plumbing work and furniture,if the
premises are furnished,whenever such damage and injury shall result from the
Lessee's misuse or neglect;and,at the end or other expiration of the terms hereof,
the Lessee shall deliver up the premises in good order and condition,reasonable
wear and tear excepted.
b. All injury to the Premises,or to the fixtures,caused by moving any property of
the Lessee,in or out of the Premises,and all breakage or other injury done by the
Lessee,or his family, agents,servants,or visitors,as well as any damage caused
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by the overflow or escape of water,gas electricity,or other substance,due to the
negligence of the Lessee,or the family,agents,servants,roommates or visitors of
the Lessee shall be repaired by the Lessor,at the expense of the Lessee. The costs
shall be determined on statements rendered by the Lessor to the Lessee and the
sum so determined shall be payable to the Lessor upon delivery of such
statements.
c. The Lessor shall not be liable for any damage to any property or person at any
time in the Premises from gases,or electricity,or from water,rain,or snow,
whether they may leak into,issue,or flow from any part of the Premises,or from
pipe,or plumbing works,or from any other place or quarter,unless caused by the
Lessor's affirmative act of negligence,or an affirmative act of negligence by the
Lessor's agents or employees.The Lessee shall give to the Lessor prompt written
notice of any accident to,of defect in,the water pipes, warming apparatus or
electric wires,and the same shall be remedied by Lessor with due diligence,
subject to subparagraph 18(a)and(b)of this Agreement.
19. Applicable Law and Venue. This Agreement is to be construed according to the laws of
the State of Colorado. Jurisdiction for any disputes hereunder shall be in the courts in
and of Pitkin County and the State of Colorado.
20. Notice. Any notice required or permitted under this Agreement shall be in writing and
shall be hand-delivered or sent by registered or certified regular mail,postage pre-paid to
the addresses of the parties as follows. For the purpose of counting days for the notice
period,the period shall commence three days from the date of the postmark of the letter
as mailed. Each party by notice sent under this paragraph may change the address to
which future notices should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of
the sender. The address for the Lessor and the Lessee for notice are as follows:
To lessor: To Lessee:
Board of County Commissioners of Shining Mountains Farm LLC
Pitkin County,Colorado Attn:Cooper Means
123 Emma Road,Suite 106 186 Meadowood Dr.
Basalt,CO 81621 Aspen,CO 81611
With Copies to:
Pitkin County Attorney's Office
123 Emma Road,Suite 204
Basalt, CO 81621
Paul Holsinger
Agriculture and Conservation Easement Administrator
Pitkin County Open Space and Trails
806 West Hallam Street
Aspen,Colorado 81611
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21.Severability. If any provision of this lease shall be declared invalid or unenforceable,the
remainder of the lease shall continue in full force and effect.
22.Quiet Enjoyment. Subject to the terms of this Agreement,and the faithful performance
of Lessee's obligations hereunder, Lessee shall have quiet enjoyment of the Premises
during the term hereof,provided however,that Lessor shall not be responsible for any
disturbances caused to Lessee as a result of actions not directly attributable to Lessor,
including without limitation, maintenance and repair,traffic noises,construction noises
and other disturbances.
23. Joint and Severable Liability. In the event that more than one Lessee is obligated under
the terms of this lease,each such Lessee shall be jointly and severally liable for the
fulfillment of all of the obligations of this lease,including without limitation,the
payment of rent and the payment of the Lessee's other financial obligations hereunder.
24. Casualty. In case of fire or other casualty,the Lessee shall give immediate notice to
Lessor. If the leased Premises are not livable as a result of fire,the elements or by any
other cause not resulting from Lessees'neglect or default,the obligation to pay rent shall
cease until the demised Premises shall be substantially repaired,whereupon the
obligation to pay rent shall resume to the same extent and at the same rate as if the
damage had not occurred.However,the obligation to pay rent shall not cease nor shall
any Suction in the rental payment be made during the period that Lessee continues to
reside in the Premises. In no event,however,shall the provisions of this clause become
effective or be applicable if fire or other casualty or damage shall be the result of
carelessness,negligence or improper licensees,invitees,sub lessees,assignees or
successors. In such case,the Lessees liability[or the payment of rent and the
performance of all the covenants and conditions and terms hereof on the Lessees part to
he performed shall continue and the Lessee shall be liable to the Lessor for the damage
and loss suffered by Lessor,including all repairs and rebuilding expenses. Lessor shall
not he responsible for any loss or damage of Lessee's personal property.
25. Condemnation. In the event that the Premises are taken by an authority exercising the
power of eminent domain,this lease shall terminate as of the date possession shall be
taken by the condemner.Lessee waives all claims against Lessor or any condemning
authority by reason of the complete or partial taking of the Premises,or the remainder of
the Premises,and shall not be entitled to receive any part of any award that Lessor may
receive,hereby quitclaiming ail interest therein to Lessor, unless otherwise prescribed by
law.
26. Default and Termination. If there shall be a default in the performance of the payment of
rent or any part thereof for more than three(3)days after written notice of such default
from Lessor or Lessor's agent to Lessee this Agreement and all rights of Lessee
hereunder shall terminate.If there shall be a delinquency by Lessee in the performance of
any other covenant,agreement,condition, rule or regulation herein contained or hereafter
established for more than three(3)days after written notice of such default from Lessor
to Lessee,Lessor,or Lessor's agent,at any time thereafter may terminate this Lease by
providing a notice to quit to Lessee,which notice to quit shall be effective upon delivery
to Lessee or upon posting on the front door of the Premises. In that case,this lease shall
terminate and all rights of Lessee hereunder shall terminate. Lessor may also terminate
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this lease for any substantial violation in accordance with the provisions of C.R.S. 13-40-
107.5.
The abandonment of the premises by the Lessee as defined in C.R.S. § 38-12-501,shall
constitute a default under this Agreement and all rights of Lessee shall there upon
terminate. Prior to expiration or termination,Lessor may inspect the premises as
provided in paragraph 7 above to determine compliance by Lessee with the terms of this
Agreement, including but not limited to condition of the Premises.
Upon termination of this Agreement,pursuant to the preceding subparagraph or
otherwise,Lessee shall peacefully surrender the leased Premises to Lessor,and Lessor
may,upon or at any time after such termination,without further notice,re-enter the
leased Premises and repossess it by force,summary proceedings,ejectment,or otherwise,
and may dispossess Lessee and remove Lessee and all other persons and property from
the leased Premises. Lessee shall be responsible for any and all costs and attorney's fees
incurred by Lessor in enforcing the provisions contained in this paragraph.At any time
after such termination,Lessor may re-let the leased Premises or any part thereof,in the
name of the Lessor or otherwise for such tam(which may be greater or less than the
period which would otherwise have constituted the balance of the term of this Lease) and
on such conditions as Lessor,at its discretion,may determine, and may collect and
receive the rents therefore. Lessor shall in no way be responsible for or liable for any
failure to re-let the leased Premises or any part thereof,or for any failure to collect any
rent due upon such re-letting.
No termination of this Lease shall relieve Lessee of Lessee's liability and obligations
under this Agreement,and such liability and obligations shall survive any such
termination. In the event of any such termination,whether or not the leased Premises or
any part thereof shall have been re-let,Lessee shall pay to Lessor the rent required to be
paid by Lessee up to the time of such termination, and thereafter Lessee.until the end of
what would have been the term of this Agreement in the absence of such termination,
shall be liable to Lessor for,and shall pay to Lessor,as and for liquidated and agreed
damages for Lessee's default:
a. The equivalent of amount of rent which would be payable under this
Agreement by Lessee if this Agreement were still in full force and effect,
including charges for all utilities and services as provided in this Agreement.
b. The net proceeds of any re-letting effected pursuant to the provisions of the
preceding subparagraph, after deducting all of Lessor's reasonable expenses in
connection with such re-letting,including but not limited to all repossession costs,
brokerage commissions, legal expenses,attorneys' fees and expenses of
preparation for such re-letting.
27. Default of Agricultural Lease. The default,termination,or violation of the Agricultural
Land Lease for Lazy Glen Open Space,held by the Lessee,shall constitute a default of
this Agreement as described above in Section 26"Default and Termination".
28. Additional Remedy Upon Default. If Lessee shall be in default hereunder as above
defined,Lessor may.at its option,cure such default on behalf of Lessee without the
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exercise of its rights as contained in paragraph 26 of this Agreement,in which event
Lessee shall reimburse Lessor for all sums paid to effect such curing,including
nonpayment of rent,together with interest at the rate of 18%per annum and reasonable
attorneys'fees incurred in collection shall be paid by Lessee to Lessor on demand and
shall be recoverable as additional rent.
29.Lessee's Property Remaining on Premises. in the event the term of this lease expires or
is otherwise terminated,or the Premises are abandoned hereunder,and Lessor enters into
possession of the Premises and there is within the Premises furniture,furnishings,
fixtures,or other personal property of the Lessee,Lessor shall have the right and option
without liability to Lessor: I)to store such property in a warehouse or other storage space
provided by Lessor or others at the reasonable storage expense of Lessee;or 2)to cause
such properly to be sold at public or private sale with or without notice to Lessee,at
which sale Lessor may be purchaser,and to apply the proceeds of such sale first to the
reasonable incurred expenses of collection or sale and thereafter on any indebtedness due
by Lessee to Lessor,with any excess over the amounts required for such purposes
payable to Lessee,or(3)in the discretion of Lessor should such properly be deemed by it
of small value,said property may be discarded or destroyed. For purposes of this
paragraph,an abandonment shall be determined consistent with C.R.S. § 38-12-510.
30. Holding Over. Upon the expiration or sooner termination hereof,Lessee shall
immediately and without notice fmm Lessor surrender possession of the Premises to
Lessor. In the event Lessee docs not so vacate the Premises, Lessee's holding over shall
not be deemed a tenancy of any kind or nature whatsoever and Lessee shall be subject to
eviction proceedings without further notice. For purposes of such proceedings,Lessee
shall pay the fair rental value of the Premises for the period of such holding over. The
Lessee stipulates that such rental shall be that charged for the Premises for under this
lease,or that amount provided for in this lease,whichever is greater.Payments made by
Lessee(s)to Pitkin County during such holdover shall be credited to Lessee's obligation
to pay the fair rental value of the Premises,but shall not create any rights in tenancy,of
any kind or nature whatsoever,and Lessee shall remain subject to eviction without
further notice. If Lessee remains on the Premises,the tenancy so created shall be a
tenancy at will.
31.indemnity. Lesser hereby agrees to and docs indemnify and hold Lessor harmless from
and against any and all claims,demands,causes,judgments or liability for any losses or
damage to any property of,or any injury or death to,any persons in or about the Premises
during the term of this Agreement.including,but not limited to Lessee,Lessee's family,
agents,servants,guests,licensees,or invitees; and lumber,Lessee shall indemnify Lessor
for any payments,expenses,costs or attorney fees incurred by Lessor as a result of such
losses,damages,injury or death.
32.Waiver. Failure of Lessor to declare any default immediately upon occuimncc thereof
and any delay in taking any action in connection therewith shall not waive such default,
but Lessor shall have the right to declare any such default at any time.
33.Nondiscrimination. Lessor shall not discriminate against any Lessee because of age,race,
color,religion,sex,creed,marital status,sexual orientation,public assistance status.
disability,handicap,or nationality or ancestry.
RECEPTION#636193,02/16/2017 at 09:34:43 AM, Pgs 10 of 11,Janice K.Vos Caudill, Pitkin County,CO
34.Modification. This Agreement may not be modified except in writing signed by the
parties.
35. References. If Lessee provides any prospective Lassor with Lessor as a reference,or if
any new prospective Lessor of Lessee contacts Lessor for information regarding Lessee
as a Lessee,Lessor will provide all information requested by such new Lessor pertaining
to Lessee's rental history, including all information regarding timely payment of rent,
adherence by the Lessee to the roles and regulations,the condition of the Premises upon
Lessees vacation thereof,and any other information deemed relevant to the inquiring
Lessor that Lessor docs not believe constitutes confidential information.
36. Binding Effect. The terms and conditions of this lease shall extend to and be binding
upon the heirs,executors,legal representatives,successors and assigns of the parties
hereto.
(Signature page follows)
RECEPTION#636193,0 211 6/2 01 7 at 09:34:43 AM,Pgs 11 of 11,Janice K.Vos Caudill, Pitkin County, CO
IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the date
first above written.
LESSOR: LESSEE:
Board of County Commissioners of Shining Mountains Farm LLC
Pitkin County,Colorado
z/6f 1 1k/17
George Newman, .air Date Cooper Means Date
APPROVED AS TO FORM: ATTESTATION:
i I q
I f • F i /�/t�a� d 06/7�/7
John a Date Jean. te Jones Date
AO ' ounty Attorney