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HomeMy WebLinkAboutbocc.con.006.2005 CHECK LIST FOR CONTRACTS SUBMITTED TO CLI~RK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: Community Relations/Health & Human Services Contact Person: Susan Berdahl/Nan Sundeen Phone #: Susan: 920-5766 X Check Contract Type: BOCC AGENDA ITEM (BOCC signature required) STAFF AUTHORIZED SIGNATURE (as per Procurement Code) Dollar Amount: $4,788.00 Services Maintenance License/Use X Lease Construction Purchase Employment Intergovernmental Agreement (Requires BOCC Action) Non Profit ___Quasi-Public Grant Agreements (Requires BOCC Action) Other STAFF AUTHORIZED SIGNATURE Signatures Required: Under 25K - Department Head 25-50K - Department Head (if appropriate), Section Leader Over 50 K - Department Head (if appropriate), Section Leader, County Manager Contractor/Business (Complete Name): Roaring Fork Employees Credit Union Contract Start Date: 01/01/05 Contract End Date: 12/31/05 Automatic Renewal (Y/N): Y All Contracts should be proofed for the following: · No Pages Missing · If a Page is Left Intentionally Blank - Note on Page · Page numbered consecutively · All Signatures Affixed · All Dates Filled In · All Other Blanks Filled In · All Exhibits Attached · All Legal Descriptions Attached (if appropriate) · Notice of Award/Proceed Attached (if appropriate) Sent tgeClerk and Recorder for Scarmi. 'ng/.Arc~ving Signature of authorized staff person indicate that document has been proofed and ready for scanning. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. pcj mj \ww\g\scannning\county contracts~narrative\checklistshcct CONTRACT # ~fl..~¢.7_~.°o3''' STAFF AUTHORIZED SIGNATURE LEASE AGREEMENT BETWEEN THE COUNTY OF PIKTIN~ STATE OF COLORADO AND ROARING FORK EMPLOYEES CREDIT UNION This lease agreement, hereinafter the "Lease", is made and entered into on the 1st day of January, 2005, by and between the County of Pitkin, State of Colorado as "Lessor" and Roaring Fork Employees Credit Union as "Lessee". Whereas, Lessee offers to lease from Lessor the premises situated in the Schultz Health and Human Services Building, designated as the reception area in the lobby and the room directly behind it consisting of approximately 266 sq feet for 2005 and the years thereafter, hereinafter the "Premises," upon the following TERMS AND CONDITIONS: 1) Term~ Rent and Renewal Agreement: The County/Lessor hereby leases the reception area in the lobby and the room behind it, totaling 266 square feet, for calendar year 2005. Absent any termination for cause under paragraphs 7 and 9 of this Agreement, this Agreement shall automatically renew for a twelve (12)-month period and for similar, 12- month terms unless either party elects to terminate this Agreement by serving a written notice to terminate this Agreement on the other party no later than thirty (30) days prior to the expiration of the original term or any one year renewal term. 2) Use: Lessee shall use and occupy the premises for office space. The premises shall be used for no other purpose. Lessor represents that the premises may lawfully be used for such purposes. 3) Payment: The rent, which includes utilities, fOr 2005 is $18/sq ft. per year for the space rented by the Lessee, totaling $4,788.00. The County/Lessor agrees to provide an in-kind rent contribution of $4,788.00 to Roaring Fork Employee Credit Union in exchange for Lessee providing receptionist assistance to the public in terms of helping them find their way as they seek to locate the various agencies in the building. Lessee and Lessor will review this arrangement of providing receptionist assistance on Mamh 29, 2005. Should either party not wish to continue the receptionist assistance relationship, in-kind rent will be waived and rent will be assessed at $399.00 per month for the remainder of the lease. Rent will be paid quarterly, in the mount of $1,197.00. Any increase or change in rent in subsequent years will be submitted in writing to Lessee/Agency no later than November 15. 4) Repairs: Lessee acknowledges that the premises are in good order and repair, unless otherwise indicted herein. Landlord shall keep the common areas, roof, exterior walls, plumbing, electrical, heating, and other mechanical installations of the Building in proper repair, provided that Lessee shall give Lessor prior written notice of the necessity of such repairs. If any repair is required by reason of Lessee's negligence or the negligence of any of Lessee's agents, employees, customers, or other persons using the Premises with Lessee's consent, then Lessor may make such repair and add the cost of the repair to the next rental installment thereafter due. Lessee shall keep the interior of the Premises in good order making all repairs at Lessee's sole cost and expense and using materials and 9- labor of a kind and quality equal to the original work. No credit of cost shall be made except upon written approval by Lessor prior to commencement of any work. Lessee shall return the Premises upon expiration of this Lease to the Lessor in substantially the same condition received, normal wear excepted. The Lessor shall provide regular office cleaning Monday - Thursday. 5) Ordinances and Statutes: Lessee shall comply with all statutes, ordinances and requirements of all municipal, county, state and federal authorities now in force, or which may hereafter be in force, pertaining to the Premises, occasioned by or affecting the use thereof by Lessee. 6) Entry and Inspection: Lessee shall permit Lessor or Lessor's agents to enter upon the Premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same. 7) Lessor's Remedies on Default: If Lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within ten days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Lessee does not commence such curing within such ten days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this lease on not less than ten days' notice to Lessee. On the date specified in such notice the term of this lease shall terminate, and Lessee shall then quit and surrender the premises to Lessor, but Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. 8) Security Deposit: Lessee has paid a security deposit in the amount of $234.00 in 2003 as security for the performance of Lessee's obligations under this lease, including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. 9) Termination for Cause and Unsuitabili ,ty: In the event that the Lessee/Agency shall default by failing to perform, keep and observe any of the terms, covenants or conditions herein contained on its part to be performed, as determined by the County, or the building or leased premises become damaged or untenantable for any reason during the term hereof, the County/Lessor shall have the right to declare this lease terminated and require Roaring Fork Employees Credit Union to vacate the premises, whereupon the parties shall have no further obligations hereunder. 10) Attorney's Fees: In case suit should be brought for recovery of premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the 2 premises, by either party, the reviling party shall be entitled to ali costs incurred in connection with such action, including a reasonable attorney's fee. 11) Notices: Any notice which either party may or is required to give, shall be given by mailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address shown below, or at such other places as may be designated by the parties from time to time. a. To Lessor: Nancy Sundeen Director Pitkin County Community Relations 530 East Main Street Aspen, CO 81611 Fax: (970) 920-5198 To Lessee: Lynn Dunlop Roaring Fork Employees Credit Union 0405 Castle Creek Road, Suite 2 Aspen, CO 81611 Fax: (970) 920-5558 12) Heirs~ Assigns. Successors: This lease is binding upon the inures to the benefit of the heirs, assigns and successors in interest to the parties. 13) Phones: Lessee will make a quarterly payment to the Lessor for use of phones. This payment will include: (1) Predetermined monthly fee for phone usage, charged per phone. (2) Predetermined monthly fee for capital recovery of phone system, charged per phone. (3) Monthly fee for any additional Qwest phone lines not part of the system, if any. (4) Monthly charge for long distance usage (based on actual usage per assigned long distance code). Pitkin County will provide Roaring Fork Employee Credit Union with per-phone amounts and access to reporting on long distance usage. 14) Utilities: Lessor shall supply heating and electricity to the leased premises at no additional charge. 15) Postage: Lessee has access to the Lessor's postage machine and will be billed semi- annually for the amount of postage used by Lessee. Payment is to be made to Pitkin County Treasurer upon receipt of each invoice for postage used. 3 16) Use of Photocopier: The County/Lessor shall supply an operating photocopying machine and copying paper for the use of tenants at a cost of $.015 per copy. This will be billed quarterly. 17) Indemnification. A. The Lessee (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Lessee, and for any consequential liability alleged to accrue against the Lessor on account of the Lessee's acts, errors or omissions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the Lessor or its employees. B. The Lessee further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 18)Insurance: A. In whole or in part, the Lessee shall secure and maintain for the term of its contractual relationship with the Lessor such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the Lessor and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Lessee's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: Commercial General Liability - ISO 1998 Form or equivalent County named Additional Insured Each Occurrence Limit $1,000,000.00 General Aggregate Limit $2,000,000.00 Products/Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form (All risks) to include (place X by applicable provisions): X Premises/Operations Underground, Explosion & Collapse Hazard X Products/Completed Operations 4 X X X X Contractual Liability Independent Contractors and Subcontractors Broad Form Property Damage Personal Injury EVIDENCE OF INSURANCE SHOULD BE SENT TO: Pitkin County Community Relations c/o Susan Berdahl 0405 Castle Creek Road, Suite 7 Aspen CO 81611 B. To provide evidence of the required insurance coverages, copies of Certificates of Insurance and upon request, the insurance policy, in a form acceptable to the Lessor, shall be filed with the Lessor (through the Lessor Representative) no later than ten (10) calendar days prior to commencement of operations affecting the Lessor. Failure to file or maintain acceptable Certificates of Insurance with the Lessor is agreed to be a material breach of any contract and grounds for rescission or termination. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the Lessor (through the Lessor's Risk Department). (For purposes of this provision, "materially altered" shall mean a change affecting the coverages required herein, including a change to policy limits as set out in the then-current policy declarations page). Simultaneously with the Certificates of Insurance, the Lessee shall file with the Lessor's Risk Department (and promptly update, as necessary) a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. C. In addition, these Certificates of Insurance shall contain the following clauses: (1) The clause "other insurance provisions," in a policy in wh/ch the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. (2) The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. (3) Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Lessee. (4) Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." D. Certificates of Insurance for all renewal policies shall be delivered to the Lessor's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Agreement or thereafter. E. The Lessor reserves the right to request and receive a copy of any policy and any policy endorsement. 19) Alterations and Improvements: No alterations or improvements shall be made to the Premises without the prior written consent of Lessor. Any such alterations or improvements for which consent has been obtained shall be made at Lessee's sole cost unless such alteration or improvement is made to address a health or safety issue. Lessor must approve any credit of cost of alterations before work commences. All such alterations and improvements shall remain upon the Premises at the expiration or earlier termination of this Lease and shall become the property of the Lessor. 20) Covenant of Lessee: Lessee covenants and agrees that Lessee shall: a.) Comply with any state or federal statute or local ordinance or regulation applicable to Lessee or its use of the Premises; b.) Keep and maintain the Premises in a clean, orderly, and sanitary condition; c.) Conduct its business upon the Premises in a manner that is not harmful to the improvements or disturbing to other lessees or occupants of the Building; and, d.) Not commit or suffer to be comxnitted any waste upon the Premises or any nuisance. 21) Signs: Lessee shall not alter the exterior of the Premises and shall not install or affix any sign without obtaining the prior express written consent of Lessor and in complying in all respects with the standards set for such signs by Lessor. 22) Damage to Premises: If the Premises shall be damaged by fire or other casualty but not rendered untenable, in whole, or in part, Lessor shall promptly, at its sole cost and expense cause such damage to he repaired and the rent shall not be abated. If, by reason of such occurrence, the Premises shall be untenable only in part, the Lessor shall promptly at its sole cost and expense, cause the damage to be repaired and the rent, during the period of repair shall be abated proportionately as to the proportion of the Premises rendered untenable. If the Premises shall be rendered wholly untenable by reason of such occurrence, Lessor shall promptly at its sole cost and expense, cause such damage to be repaired and the rent, during the period of repair, shall be abated in whole. If the Premises shall he rendered wholly untenable after the commencement of the last year of the term of this Lease, then Lessor may terminate this Lease by notice to Lessee 6 in writing, within thirty (30) days of the event rendering the Premises wholly untenable. However, such termination shall not affect any rights theretofore accrued to Lessor under this Lease because of prior defaults of Lessee. 23) Encumbrance of Leasehold. Lessee shall not assign, create a security interest in, pledge, or otherwise encumber this Lease, in whole or in part or sublet in whole or in part any of the Premises, without the prior express written consent of Lessor. In the event of any such assignment, subletting or encumbrance, Lessee shall nevertheless remain liable for the performance of all the terms, conditions, and covenants of this Lease. 24) Termination: This Lease may be terminated at any time for any cause by either party by 30 day written notice to the other party at the addresses set forth below. 25) Removal of Property: It shall be the responsibility of the Lessee at its own sole cost and expense, within five days after the expiration of this Lease, to remove office equipment from the premises. Any equipment not removed within this period of time shall be conclusively deemed to be abandoned by Lessee and shall become the property of the Lessor. 26) Entire Agreement: The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. The following Exhibits, if any, have been made a part of this lease before the parties' execution hereof: Signed this ]/~ day of ~-d~/,t~, 200 ~ . The undersigned, for a valuable consideration, hereby guarantees to the Lessor the full and complete performance of all of the Lessee's obligations pursuant to the written Lease. PITKIN COUNTY, COLORADO, LESSOR ROARING FORK EMPLOYEES CREDIT UNION, LESSEE Nancy 1;q'~ ~m~deen - --Date ']~g]t;~ Ly~/m Dunlop Date Director of Community Relations Director, Roaring Fork Employees Credit Union Mailing Address: 0405 Castle Creek Road, Suite 2 Aspen, Colorado 81611