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HomeMy WebLinkAboutbocc.con.070.21 - BOCCLEASE AGREEMENT THIS LEASE AGREEMENT (“Agreement”) is made and entered into this 4th day of March 2021, by the Board of County Commissioners of Pitkin County, Colorado (hereinafter called "Lessor"), and Two Roots Farm, 100 Sopris Creek Road Basalt, Colorado 81621 (hereinafter called "Lessee"), WITNESSETH: 1.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”): 100 Sopris Creek Road, Basalt, Colorado 81621. 2.Lease Term. The term of this Agreement shall commence on March 1, 2021, and shall expire on February 28, 2022, (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 term as long as the Lessee also holds the Agricultural Land Lease, recorded May, 7, 2018 at reception number 647149. 3.Rent. a.Rent for the Primary Term of this lease shall be paid in monthly installments of $700.00 commencing on March 1, 2021 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, bank transfer, or money order made out to Pitkin County and delivered or mailed to Lessor at the address of: Pitkin County Open Space & Trails, 530 East Main Street, Suite 202, 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 second 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 may be adjusted upward based on increases (if any) in the cost of living during the preceding year using the Boulder-Denver-Greeley Consumer Price Contract No. 070.2021 - BOCC Modification Attached as Contract No. 288-2022 Index for Urban Wage Earners and Clerical Workers (CPI-W) published by the 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 term 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 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 outside of reasonable wear on the building and premises overtime. 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 pre-paid addressed to Lessee at the address set forth in this Agreement. This Security Deposit shall not be construed as liquidated 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 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 are 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 within the Lessee’s control, 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 (at least 24 hours) 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 fixtures at the 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, 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 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 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 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. 12. Pets. Lessee shall be permitted to keep two (2) dogs on the Premises, so long as said dogs are not damaging the Premises. In such event, the dog shall be removed, or the lease may be terminated on 60 days’ notice. Additionally, dogs must be 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 unreasonable loud noises 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 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 due to actions of the Lessee 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. Any repairs to damage or wear cause by the Lessor, acts of God, or due to contractors hired by Lessor will be the responsibility of the Lessor. 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 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 by fair market bids and delivered 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 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 Two Roots Farm Pitkin County, Colorado Attn: Harper Kaufman Pitkin County Attorney’s Office 1611 Emma Road 530 East Main Street, Suite 301 Basalt, CO 81621 Aspen, CO 81611 With Copies to: Paul Holsinger Agriculture and Conservation Easement Administrator Pitkin County Open Space and Trails 530 East Main Street, Suite 202 Aspen, Colorado 81611 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 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 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. 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 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 thirty (30) 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 thirty (30) 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 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 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 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. 27. Default of Agricultural Lease. The default, termination, or violation of the Agricultural Land Lease for Emma 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 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 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: 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 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. 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. 31. 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. The Lessee shall be given reasonable notices of any default and given a minimum of 30 days to remedy the default before Lessor takes further action. 32. 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. 33. Modification. This Agreement may not be modified except in writing signed by the parties. 34. 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. 35. 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) Contract No. 288 - 2022 Julia Ely,Patti Clapper, ChairOct-25-2022