HomeMy WebLinkAboutbocc.con.010.2006 CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
Originating Department/Division:.
Contact Person:
Project Name/z~57
[] BOCC AGENDA ITEM
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Contract #:
~o~ ~$
Phone #: p~PO ~ ~//
[~STAFF AUTHORIZED SIGNATURE
(per Revised Procurement Code 7/2005)
Check procurement type:
[~None [~Informal [--]Formal I--]Sole Source [--]Emergency [~State Bid []
Check Contract Type:
Dollar Amount: $
LedgerNumber /11, ~, ~O~/~b' ~Y,~'O0
[--]Services/Maintenance
[--]License/Use
[~Lease
[--]Construction
[]Goods, Equipment, Supplies
[--]Grant Agreements (Requires BOCC Action)
[]Change Order/Contract Amendment
[]Other
[--]Employment (for county employees)
["~Intergoverumental Agreement (Requires BOCC Action)
[~Non Profit
[-]Quasi-Public
Contractor/Business (Complete Name):
Contract Execution Date:
Automatic Renewal (Y[~N~)
Contract End Date:
Term of Contract:
year(s)
All Con. tracts should be proofed for the following: /
[~lq0 Pages Missing Dates Filled In
~t~ a Page is Left Intentionally Other Blanks Filled In
Blank -Note on Page '[~AI1 Exhibits Attached
[~lPage numbered consecutively c~All Legal Descriptions Attached (if appropriate)
[~11 Signatures Affixed [~]Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk and Recorder for Scanning/Archiving
[~]Authorized Staff Person' s Name: ~~~'~d a~x:vqg4-~
Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule.
PUBLIC WORKS LEASE AGREEMENT
CONTRACT
THIS
Colorado, a Home Rule Co
(hereinafter "Pitldn County")
is made this 1st day of January, 2006, by and between Pitkin County,
existing under and by virtue of the laws of the State of Colorado,
Durgy, (hereinafter "Tenant").
In consideration
County does hereb3
parcel described in
hereto, hereinafter referred to ~
as a private
other purpose whatsoever.
payment of the rent and performance of the promises set forth below, Pitkin
e Tenant the following described residential use area, being a part of that larger
in the town of Aspen, 76 Service Center Road, Aspen CO 81611 attached
"the premises" or "residential use area", which premises are to be used only
persons employed in Pitkin County and members of their families, and for no
BY THE PARTIES AS FOLLOWS:
1. LEASE
the residential building and
expiring December 31,
Exhibits as made a part
term if mutually agreed upon
surrender the premises in as
Pitkin County hereby leases to Tenant the premises, which include
of the property including Parcel A for a term commencing January 1, 2006, and
subject to the terms and conditions of this Agreement and further subject to the
f by incorporation and reference. Said term may be renewed for another six-month
both parties in writing. Tenant shall, at the expiration or termination of this lease,
as when Tenant entered the premises, ordinary wear excepted.
County through the duration ~
termination of
of these premises within sixty
Tenant agrees that he/she must remain employed in Pitkin
' this Agreement, as a condition of this lease. In the event of
Tenant shall surrender his or her right to use and occupancy
days.
3. RENT.
per month.
, to Pitkin COunty as rent for the premises a total sum of $663.00
3.1
Water, Telephone, Electric,
Tenant shall pay for all utilities, including but not limited to:
Gas, and Sewer.
3.2
month of the lease term in the
the residence is
Colorado 81611, at the date
check which is later
available to it hereunder,
Tenant agrees to pay Pitkin
dishonored.
Pitkin County, at its
shall be due and payable on or before the f'wst day of each
personal check, cashier's check or money order. All rent due for
to the Pitkin County Public Works Office, 76 Service Center Road, Aspen,
specified above. If Tenant makes any payment to Pitldn County by
for any reason, Pitkin County may, in addition to the other remedies
future rental payments be paid by cashier's check or certified funds.
$25.00 for each instance that a check given to Pitkin County is
more than one bad check from Tenant during the term of this lease,
ght to terminate this lease.
3.3 Pitkin
that these premises are not deed-restricted affordable housing.
4. LATE
Paid rent by the FIFTH ~
assessed for every additional
Tenant shall be assessed a late charge of $25.00 if Tenant has not
of the month. In addition, a further late charge of $5.00 per day will be
, it is late beyond the 5th day of the month.
5. SECURITY Tenant has, on execution hereof, paid Pitldn County a $650.00
fee as security For the of the terms, conditions and obligation herein. Security
deposits shall not as pre-payment of any rent or for payment of a last month's rent.
This sum may be co-mingled lc , Pitkin County with other funds to the extent allowed by law, and shall not
be construed as being held in for the Tenant. No interest shall be paid to Tenant on the security
deposit. Pitkin County may unpaid rent, damages, cleaning (at a charge of no less
than $25.00 per hour on clean
of or chargeable to Tenant he
fees that were due from the
liquidated damages and shall
or at law or in equity, includi
adequately covered by the sec
lease or abandons the premise
deposit.
6. DEFAULT. Faih
or perform any obligations hei
6.1 In the event
deliver to Tenant notice in wr
County may terminate this leg
6.2 In the event
premises, or should Tenant be
re-enter the premises and
liabilities, expenses and othe~
through re-letting as provided
6.3 The rights and
exclusion of any other remedie
7. PROPERTY 1~
Maintaining residential grounc
be limited to: cutting grass, c,
trash/debris removal; and iden
bids for services or materials
oversee contractor work, and
enforcement. County shall pa:
approval. In the event of an e
and authorizes Tenant to proce
7.1 Tenant unde
needed basis, not on a full-tim
performed as a condition ol
Compensation Insurance or me
incurred during the performan
from all claims, liabilities, m
Tenant's performance of prope
8. PETS ON P
unless the animal is trained an~
of any kind shall not be take:
Tenant shall be liable for the ¢
kept on the premises, whethe~
provision shall constitute a de
of Paragraphs 5.1, 5.2 and 5.3 ~
is proven to Pitldn County that
9. USE OF PI
purposes, and to use the premi
of Colorado, or of the ordinanc
ng and up to $300.00 for cleaning of carpet) or other expenses or obligations
reunder. Security deposit may also be applied to any unpaid miscellaneous
Tenant when incurred. This security deposit shall not be construed as
lot impair or alter remedies otherwise available to Pitkin County hereunder,
tg the right to proceed against the Tenant for rent, damages or expenses not
urity deposit. In the event the Tenant unlawfully attempts to terminate this
Pitkin County, under the law, shall be entitled to retain the entire security
: of Tenant to comply with any of the terms of this agreement
',under shall constitute default.
~f failure by Tenant to perform any obligation hereunder, Pitkin County shall
ting specifying such default. In the event such default is not so cured, Pitkin
and pursue any remedies available to it by law.
f default and failure to cure as described above, or if Tenant abandons the
evicted Pitkin County, in addition to any other remedies available to it, may
et the premises. Tenant shall remain liable to Pitkin County for all rent,
obligations hereunder for which recovery is not made by Pitkin County
n this subparagraph.
remedies of Pitkin County provided for herein are in addition to and not in
s available to Pitkin County at law or in equity.
ANAGEMENT DUTIES. Tenant shall be responsible for
s and premises in a good condition. Duties shall include, but not
)ntrolling weeds and watering vegetation to maintain a pleasing landscape;
tifying necessary repairs and maintenance of premises. Tenant shall collect
Or necessary repairs, obtain Pitkin County approval to proceed with repairs,
revent damage to the property by restricting trespass and performing parking
for all materials necessary for repair and maintenance of property with prior
nergency repair situation, the County waives the prior approval requirement
~d with emergency repairs.
:stands that these property management duties shall be provided on an as-
or specific part-time basis and shall be timely, consistently and responsibly
this lease. Tenant shall not be insured by Pitkin County Workers'
lical insurance during the performance of said duties. In the event of injury
:e of these duties, Tenant shall indemnify and hold Pitkin County harmless
d demands of any kind or nature whatsoever arising in connection with
'ty management duties
REMISES. Tenant shall not be permitted to house any dogs or cats,
certified to assist a handicapped or disabled tenant. Other animals or birds
into or kept on the premises without written consent of Pitkin County .
)st of repair of the damages resulting or inflicted by an animal harbored or
or not permission has been granted by Pitkin County. Violation of this
fault by Tenant which shall be dealt with in accordance with the provisions
tbove. Additionally, Tenant will be assessed a fine of $25.00 per day until it
the animal(s) is no longer on the premises.
tEMISES. Tenant agrees to use the premises for residential and related
;es for no purposes prohibited by the laws of the United States, or the State
,'s of Pitkin County.
9.1 Pitidn Count
residential use, if applicable al
of the premises is changed ftc
and Tenant is displaced due
Housing Authority wait-list pt
advance of such change of use
9.2 Pitkin Cou
currently designated for msi
landscaping, etc. Pitkin Coun~
balance of the property.
10. RENTER'S
cover Tenant's personal and ~
Pitkin County prior to occupar
11. CONDITII3
and state of repair without an
cost and expense, take good
windows, appliances and fumi
to Pitkin County in their pres{
shall be responsible for any da
of Tenant, or Tenant's family,
heavy marks, dents, bums ¢
woodwork floors, and those ar
shall deliver immediate notic~
Tenant to repair said damage:
and charge the expense thereot
12. ENTRY A
hours notice enter into the pre~
at reasonable times and upon
interested parties during the t
obligation upon Pitkin County
13. ASSIGNM
pledge or otherwise hypothec:
County, which consent may I
Tenant shall not receive rent ¢
persons using the premises. TI
some person or entity other tha
14. ALTERA~I
repairs to the premises (othe~
County. Any alterations, addil
to and become the property ~
termination of this lease. Not~
or any pan of such alterations.
hereof, ordinary wear and tea
satisfactory and workmanlike
against the premises in conn
encumbrances.
14.1 Pitldn Co~
alterations or improvements
the Tenant agrees to conduct
reserves the right to change the use of the premises currently designated for
~d deemed necessary for the public benefit. In the event that the status of use
m residential to another use and this lease expires or is otherwise terminated
to a Government action, Tenant would not be allowed preference in the
rchase or rental process. Pitkin County shall notify Tenant sixty (60) days in
~ty reserves the right to change the use of the balance of the property not
lential use, which change of use may include construction, demolition,
shall notify Tenant thirty (30) days in advance of such change of use of the
NSURANCE. Tenant agrees to purchase Renter's Insurance sufficient to
aluable effects. Tenant shall provide proof of such insurance coverage to
cy.
N OF PREMISES· Tenant accepts the promises in their present condition
~ warranties or representations by Pitkin County. Tenant shall, at his own
care of the premises, including interior walls, floor coverings, fixtures,
.ure, and shall at the expiration or sooner termination hereof deliver the same
nt condition and state of repair, reasonable wear and tear excepted. Tenant
mage to the premises or any portion thereof, caused by the acts or omissions
~gents or guests. Damages shall include but not be limited to, the following:
r gouges in the walls, woodwork, counters, fireplace, cabinets, tile or
sing by virtue of misuse of appliances. In the event of such damage, Tenant
: thereof to Pitkin County. Pitldn County may, at its sole option, require
~t Tenant's own cost and expense, or Pitkin County may repair such damage
to Tenant as additional rent hereunder.
qD INSPECTION. Pitkin County may at reasonable times and upon 24
nises for purposes of inspection and repair. In addition, Pitkin County may,
reasonable notice, show the premises to prospective purchasers or other
~rm hereof. This right of inspection shall not be construed to create any
For the maintenance of premises.
ENT AND SUBLETTING. Tenant shall not assign, sublease, mortgage,
rte all or any part of this lease without the prior written consent of Pitkin
,e withheld or granted in Pitkin County's sole and unqualified discretion.
r any other payment of any kind or nature whatsoever from guests or other
ds restriction shall apply to any transaction that gives, or is intended to give,
a Tenant any right to use or possess the premises.
IONS. Tenant shall not make any alterations, additions, improvements or
than ordinary maintenance) without the prior written consent of Pitkin
ions or improvements, when made or attached to the premises, shall belong
,f Pitkin County and shall be surrendered upon the expiration or sooner
Athstanding the foregoing, Pitkin County may require Tenant to remove all
additions or improvements as the condition existing at the commencement
· excepted. Any alterations, improvements or repairs shall be made in a
nanner. Tenant shall not permit any lien or other encumbrance to be filed
:tion therewith, and shall indemnify Pitkin County against such liens and
~ty may, at its sole discretion, request that the Tenant consider making
the property as a pan of an overall remodeling and/or demolition project. If
.aid work for the County, the Tenant and Pitkin County shall enter into a
separate agreement for the ~
services performed.
15. TENANT'~
lease expires or is otherwise t¢
into possession of the premis,
personal property of the Tena~
to (1) store such property in a
storage expenses to be paid by
or without notice to Tenant, ~
such sale first to the reasonabl
due by Tenant to Pitkin Coun
Tenant, or (3) in the discretior
property may be discarded or {
16. REIMBU~
County may, if Pitkin County
as additional rent hereunder.
17. SEVERABi
the remainder of the lease shal
18 VERIFIC~
Prior to occupancy and prior
Pitkin County any verificatic
employment for the purpose ol
19. ATTORNI~
of litigation, the Tenant and
reasonable attorney's fees as
Court's judgement.
20. QUIET EN
of Tenant's obligations bere~
hereof.
20.1 Tenant Ack
acknowledges that the reduced
understands that heavy truck tr
that the truck and equipment tr
quiet enjoyment of the Premis~
hereunder related to truck and,
six herein.
21. CASUALT
Pitkin County. If the leased p
other cause not resulting from
demised premises shall be sub
same extent and at the same r~
shall not cease nor shall any
continues to reside in the pre
effective or be applicable if fir
or improper actions by Tenam
Tenant's liability for the paym
hereof on the Tenant's part to
for the damage and loss suffere
ork, which may include the reduction of rental payments based upon the
PROPERTY REMAINING ON PREMISES. In the event the term of this
rminated, or the premises are abandoned hereunder, and Pittdn County enters
~s and there is within the premises furniture, furnishings, fixtures, or other
~t. Pitkin County shall have the right and option without liability to Tenant
warehouse or other storage space provided by Pitkin County or others, with
Tenant, or (2) to cause such property to be sold at public or private sale with
t which sale Pitkin County may be purchaser, and to apply the proceeds of
e incurred expenses of collection or sale and thereafter on any indebtedness
:y, with any excess over the amounts required for such purposes payable to
of Pitkin County should such property be deemed to be of small value, said
estroyed.
;EMENT. _If Tenant shall fail to perform an obligation of this lease, Pitkin
~o elects, perform such obligations and charge the expense thereof to Tenant
,E. If any provision of this lease shall be declared invalid or unenforceable,
continue in full force and effect.
~TION AND DOCUMENTATION FOR TENANT OUALWICATION
!o completion of Lease Agreement, Tenant may be requested to furnish to
n necessary or deemed appropriate by Pitldn County to verify Tenant's
Tenant qualifying for tenancy as an employee in Pitkin County.
¥'S FEES. In the even that this Lease Agreement shall become the subject
]'itkin County agree that the Court shall award the substantially prevailing
)art of and cost to which said party becomes entitled to recover under the
OYMENT. Subject to the terms of this lease and the faithful performance
ider. Tenant shall have quiet enjoyment of the premises during the term
~wledge of County's Disclosure of Adjacent Use. Tenant hereby
lease rate hereunder is based in part upon the location of the Premises and
~ffic occurs on the County's property adjacent to the Premises. Tenant agrees
tffic and use will not form the basis for any claim by Tenant that his/her
s is disturbed by such activity. Tenant hereby waives any claim for damages
:quipment traffic other than the right of termination referenced in paragraph
{. In case of fire or other casualty, Tenant shall give immediate notice to
emises are not able to be lived in as a result of fire, the elements or by any
Tenant's neglect or default, the obligation to pay rent shall cease until the
;tantially repaired, whereupon the obligation to pay rent shall resume to the
~te as if the damage had not occurred. However, the obligation to pay rent
reduction in the rental payment be made during the period that Tenant
uises. In no event, however, shall the provisions of this clause become
~ or other casualty or damage shall be the result of carelessness, negligence
, licensees, invitees, subtenants, assignees or successors. In such case, the
~nt of rent and performance of all the covenants and conditions and terms
~e performed shall continue and the Tenant shall be liable to Pitkin County
:1 by Pitkin County, including all repairs and rebuilding expenses.
22. CONDEMI~
domain takes the premises, t
condemnor. Tenant waives al
complete or partial taking of
receive any part of any awart
Pitkin County, unless otherwis
23. HOLDING
immediately and without notic
In the event Tenant does not s
kind or nature whatsoever an~
purposes of such proceedings,
holding over. The Parties sti]
premises under this lease. P~
credited against Tenant's obliI
rights in tenancy, of any kind
further notice.
Tenant's occupancy shall be
lease that do not conflict with
24. SUBORDI~
mortgages or deeds of trust nc
are located. Although the sub
within five days after demand
subordination. Should Tenant
attorney-in-fact to execute tho:
25. INDEMNI[
all claims, liabilities, and demi
and occupancy of the premis~
reasonable attorney's fees incu
26. WAIVER.
thereof and any d~ ~in
County shall have the right to
27. NONDIS~
because of age, race, color, tel
nationality or ancestry.
28. MISCELL,
the parties. This lease shall b~
lease shall be construed in acc
hereunder shall be in the court
Dated this /
'ATION. In the event that an authority exercising the power of eminent
Ms lease shall terminate as of the date possession shall be taken by the
claims against Pitkin County or any condemning authority by reason of the
:he premises, or the remainder of the premises, and shall not be entitled to
that Pitkin County may receive, hereby quitclaiming all interest therein to
: prescribed by law.
OVER. Upon the expiration or sooner termination hereof, Tenant shall
e from Pitkin County surrender possession of the premises to Pitldn County.
) vacate the premises, his holding over shall not be deemed a tenancy of any
Tenant shall be subject to eviction proceedings without further notice. For
Tenant shall pay the fair rental value of the premises for the period of such
~ulate that such rental shall be that charged for the most recent rent of this
Lyments made by Tenant to Pitkin County during such hold over shall be
:ation to pay the fair rental value of the premises, but shall not create any
or nature whatsoever, and Tenant shall remain subject to eviction without
n the terms specified in the notice, plus such terms and conditions of this
uch notice, but there shall be no renewal of this lease by operation of law.
ATION. This lease is and shall remain subject and subordinate to all
.w or hereafter affecting the premises or the building in which the premises
)rdination provision of this section shall be deemed automatic, Tenant shall
~xecute any and all instruments requested by Pitkin County to evidence such
fail to do so, Tenant hereby irrevocably appoints Pitkin County as Tenant's
e instruments for and on behalf of Tenant.
ICATION. Tenant shall indemnify and hold Pitkin County harmless from
nds of any kind or nature whatsoever arising in connection with Tenant's use
s, and shall reimburse Pitkin County for all costs and expenses, including
red by Pitkin County by virtue of such claims, demands or liability.
~allure of Pitkin County to declare any default immediately upon occurrence
any action in connection therewith shall not waive such default, but Pitkin
[eclare any such default at any time.
2RIMINATION. Pitkin County shall not discriminate against any tenant
ion, sex, creed, marital status, public assistance status, disability, handicap,
NEOUS. This lease may not be modified except in writing and signed by
binding upon the heirs, successors, and assigns of the parties hereto. This
)rdance with the laws of the State of Colorado; jurisdiction for any disputes
in and of Pitkin County and the State of Colorado.
day of :006.
§igfi~tt~re
Print Name
Home Phone: 4~' 75/!
Work Phone: 4~9~,.~-~
Drivers Lic:
In case of ~Emergency, contact
Phone ~: 7~ ~'~-/-'/~'/~
~mp~Glass~r 61'1
Pitkin County Public~o~s
TENANT:
Signature
Print Name
Home Phone:
Work Phone:
S.S.#:
Name:
Phone #:
APp ,. ~R~~~RM:
John Ely JJ
Pit~ffl~y Attorney