HomeMy WebLinkAboutbocc.ord.029.2006AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, AUTHORIZING THE SETTLEMENT OF BOCC V. VRANY AND
EXECUTION OF A PROPERTY MANAGEMENT AGREEMENT FOR A PORTION OF
THE AIRPORT RANCH PARCEL.
ORDINANCE 921i_-2006
RECITALS
A. Pitkin County is currently engaged in unlawful detainer litigation with Lada Vrany over
the Airport Ranch Parcel. The litigation is pending in Pitkin County Court as Case No. 05 C
165.
B . The parties have reached agreement in principle on a settlement that will allow the
litigation to be dismissed. The key component of the settlement is execution of a Property
Management Agreement with Mr. Vrany with salient features as described below. Mr. Vrany
shall be permitted to reside in his current residence and shall have use of that structure and the
neighboring garage /workshop. He shall be responsible for keeping the premises clean and
orderly, and for contacting a designated County official at the Airport in the event that he learns
of any suspicious activity or emergencies on the premises. The Agreement specifically prohibits
any subleasing of the premises with the exception of a caregiver who would be allowed to reside
in the house with Mr. Vrany upon the County's written consent. In exchange for Mr. Vrany's
services the County will provide a stipend matching his monthly social security payment, and
shall be responsible for certain utility payments and reasonable snow removal. The Agreement
also provides for a one -time payment of $10,000 for improvements that Mr. Vrany has made to
the property, and delineates further responsibilities and obligations of the parties with regard to
the premises and other County property. The Agreement will also contain certain other terms
approved by the County Attorney's Office. Upon completion of the conveyance, the litigation
will be dismissed with prejudice and the parties will be responsible for their own costs and
attorneys' fees.
C. This Ordinance is required by the Pitkin County Home Rule Charter in order to effectuate
a lease of County -owned interests in real property.
D. The Board finds that approval of this Emergency Ordinance is appropriate due to the
need to expeditiously resolve the Vrany litigation and other pending litigation relating to the
Airport Ranch Parcel, and to expedite ongoing work to address code violations on the Airport
Ranch.
NOW THEREFORE, be it resolved by the Board of County Commissioners of Pitkin
County Colorado, as follows:
1. Authorization to Execute Agreement. The Board authorizes the chair to execute an
agreement or agreements, in a form approved by the County Attorney, that includes the
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provisions set forth above. The County Attorney's approval as to form shall be a condition
precedent to the Chair's authorization to execute the agreement or agreements.
INTRODUCED AND ADOPTED ON THE I I" DAY OF OCTOBER 2006 AND
SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON THE 25
DAY OF OCTOBER 2006.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY
ON THE 15 DAY OF OCTOBER 2006.
CONFIRMED AT PUBLIC HEARING ON THE // DAY OF OCTOBER 2006.
PUBLISHED AFTER CONFIRMATORY READING AND PUBLIC HEARING IN
THE ASPEN TIMES WEEKLY ON THE 9;7� DAY OF NOVEMBER 2006.
THIS ORDINANCE IS EFFECTIVE OCTOBER 11, 2006.
ATTEST:
Jones
Clerk
APPROVED AS TO FORM:
Christopher G. Seldip
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Michael Ireland
Chair i
Date:
Hilary Fl er
County ag er
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PROPERTY MANAGEMENT AGREEMENT
THIS AGREEMENT is made this ��day of ��64Y' 2006, between the
Board of County Commissioners of Pitkin County (the "County "), whose address is 530 East
Main, Aspen, CO 81611 and Lady Vrany (the "Lessee ").
In consideration of the payment of the fees and the performance of the mutual promises
by Lessee and County set forth below, Lessee does hereby agree to perform the services
enumerated herein on the Premises owned by County situated in the County of Pitkin, in the
State of Colorado as depicted on the attached Exhibit A, and more specifically described as:
Parcel of land located in the southwest comer of the property known as "Airport Ranch ",
situated in Township 9S, Range 85W, Section 34, including exclusive use of one residence and
one garage /office and non - exclusive use of an access driveway from Owl Creek Road to the
residence and garage/office, as depicted on Exhibit A within the yellow box ( "Premises ").
The parties hereto acknowledge that this Agreement is a year -to -year arrangement and
that either party can terminate this Agreement by written notice to the other party served no less
than 90 (ninety) days before the date specified in the Notice for termination of the Agreement.
Address for service of Notice on the Lessee is: Lada Vrany, PO Box 658, Aspen, Colorado
81602 and Mara M Kleinschmidt, PO Box 1050, Eagle CO. 81631. Address for service of
Notice on the County is: Director of Aviation, Aspen/Pitkin County Airport, 0233 E. Airport
Rd., Aspen, Colorado 81611. To the extent that such notice results in a termination of the
Agreement prior to the last calendar day of the month, any fees due for such month under this
Agreement shall be prorated accordingly.
NOW THEREFORE, in consideration of the covenants and promises contained herein,
the parties agree as follows:
1. Monthly Pronertv Management Fee: County shall pay Lessee a monthly fee of
s gSy. °= to perform the responsibilities outlined in paragraph 2 of this agreement. Such
payment shall be made to Lessee on or before the 15`" of the following month in which Lessee's
services are rendered, commencing " 15, 2006.
2. Duties of Lessee. Lessee shall keep the improvements upon the Premises in
good repair, all at Lessee's expense, and at the expiration of this Agreement shaylll surrender the
premises in as good a condition as when the Lessee entered the premises, loss by fire and
ordinary wear excepted. County agrees to maintain the drinking water filtration system on the
Premises at its expenses. Lessee shall keep the entire exterior Premises in a clean, sanitary, and
orderly condition, and free from all litter, dirt, debris, obstructions and hazardous materials or
conditions; and shall keep any septic system, grease trap and ash pit in a clean and sanitary
condition in full compliance with applicable laws. Lessee agrees to provide continuous security
of the Premises, and to immediately report any suspicious or unapproved activities on the
Premises immediately by telephone to County.
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3. Subletting Except as provided in subsection 3(a) below, Lessee shall not
sublet any part of the Premises, and shall not assign the lease or any interest therein. Any
existing subleases, whether verbal or in writing, shall be terminated as of the date of this
Agreement, although notices can not be given until the effective date of this Agreement. Lessee
shall not be fiscally responsible for said terminations in any way, but shall cooperate fully.
(a) Housemate Caregiver Allowed Unon Countv Consent. Upon the prior
written consent of the County Manager, Lessee may elect to have one individual reside with him
as a housemate in the residence located on the Premises. Lessee shall provide the County with a
complete set of any and all terms of any and all leases and/or other agreements Lessee proposes
with any such individual, and the County shall also have an opportunity to interview any such
individual prior to granting or withholding its consent under this subparagraph. The County may
withhold or grant such consent in its sole and absolute discretion, but such consent shall not be
unreasonably withheld. Nothing herein shall be construed to create a fiduciary relationship of
any kind between the County and Lessee.
4. Use of Premises. Lessee shall have exclusive use of the existing residence
and the out - building described above and non - exclusive use of the access driveway. County
reserves the right to enter onto and gain possession of the remainder of the premises, the entire
Airport Ranch parcel and all other existing structures, and to remove all other existing structures,
litter, dirt, debris and obstructions. Lessee shall be permitted to use the Premises only as a
residence and to use the Premises for no purposes prohibited by the laws of the United States or
the State of Colorado, or of the ordinances of the County in which said Premises are located, and
for no improper or questionable purposes whatsoever, and to occupy the same only as a private
residence. Lessee shall not permit any sign or card to be placed on the Premises, shall not utilize
the premises for rooming or boardinghouse purposes, shall not permit any room in said house to
be used for cooking or light housekeeping purposes, except the kitchen, and shall not make any
alterations or change in, upon or about the premises without first obtaining the written consent of
the County. Lessee shall be entitled to keep cats as pets on the Premises.
5. Indemnification of the Countv. Lessee shall neither hold nor attempt to hold
the County liable for any injury or damage to himself or the premises, including without
limitation that occasioned by defective wiring or by the breaking or stopping of the plumbing or
sewage upon the premises, whether the breaking or stoppage results from freezing or otherwise,
from damage to the property or injuries to persons occasioned wholly or in part by or resulting
from any acts or omissions by the Lessee or the Lessee's agents, guests, licenses, invitees,
assignees or successors or for any cause or reason whatsoever arising out of or by reason of the
occupancy of the Lessee.
6. Loss or Damage to Lessee's Pronertv: Identification of Items Not Confined to
Buildings All personal property of any kind or description whatsoever shall be confined to
the above - referenced residence and garage /office located on the leased premises and shall be
allowed on the Premises only at the Lessee's sole risk, and the County shall not be liable for any
damage done to or loss of such personal property whatsoever, including, without limitation,
damage or loss of any and all kinds suffered by the Lessee arising out of any neglectful acts of
others on the premises or having to do with any failure, malfunction or other problems relative to
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any of the physical facilities, residences, or improvements on the premises. All personal
property not confined within the buildings on the Premises shall be considered abandoned and
shall be subject to immediate removal by the County, subject to the remaining provisions of this
paragraph. Within thirty (30) days of the date of this Agreement, any personal property not
amenable to confinement within the buildings shall be individually identified in a spreadsheet
that provides a particularized description of each such article of personal property, serial
numbers if applicable, and any other relevant identifying information. The spreadsheet shall
further identify the proposed location on the premises where Lessee wishes to store each such
article. The County shall have the right to allow or disallow storage of such items in its sole and
absolute discretion. Disallowed items shall be confined to the residence or garage /office, or
removed from the premises, within then (10) days notice of a disallowance by the County,
weather permitting. Any items not identified on the spreadsheet shall be deemed abandoned as
provided for above.
7. Riehtto Enter. Lessee agrees that the County has the right to enter upon
any portion of the premises at any reasonable hour or at any time in the event of an emergency.
Lessee waives any claims that may arise under the United States or Colorado Constitutions, or
under Colorado, local or any other applicable law that may arise out of County's exercise of its
rights under this Agreement. Notice of entry shall be given when reasonably possible.
8. Defaults
8.1 Lessee's Default. Each of the following events shall be deemed an "event
of default" or a "default" hereunder if not cured within ten days of the time notice is given to
Lessee of said default in accordance with Paragraph 16.
a. Any violation of any one of Lessee's agreements, obligations, or
covenants hereunder, including but not limited to any subleasing or assignment of Lessee's
interest in the premises.
b. Seizure of this Agreement or the Premises by execution or other process of
law directed against Lessee and not discharged within ten days.
C. Lessee shall not at any time, knowingly suffer or knowingly permit any
illegal activity on or use of the Premises by Lessee, his agents, guests, licensees, invitees,
assignees or successors.
8.2 Property Left on Premises. Any property of Lessee allowed on the
Premises pursuant to 16 (or of anyone claiming under, by or through Lessee)
which is left on the Premises more than 15 days after expiration of the term of the
Agreement or termination of possessory rights hereunder shall be conclusively
deemed abandoned; and County may keep, use, remove, store, sell, destroy,
discard, or otherwise deal with it in County's absolute discretion without liability
of any sort to Lessee or anyone claiming under, by or through Lessee.
8.3 PROPERTY TO BE ACOUIRED BY COUNTY., Certain property
subject to identification in Paragraph 6 hereof shall be acquired by the County for which a
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PROPERTY MANAGEMENT AGREEMENT
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separate bill of sale and compensation of $10,000.00 from the County to Lessee shall be made no
later than 4 X-ey 3 / . 2006. Certain of said property is of historical significance and other
is as permanent improvements to the property made at the Lessee's prior sole expense.
MUTUAL COVENANTS AND RESTRICTIONS
IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LESSOR AND
LESSEE AS FOLLOWS:
9. , Lessee shall at no time represent himself as an appointee arld/or representative for
Pitkin County or the County's interests concerning real estate, water rights, water management
or any other matter to any third parties or to any State and/or Federal governmental agencies.
10. Lessee is prohibited from altering, touching or attempting to manage in any way
any of the County ditches, ditch structures, ditch water, or headgates, unless approved in advance
by County.
11. County as the owner of the Premises shall manage and maintain the Premises and
surrounding Airport Ranch property at its sole discretion. Lessee is prohibited from making any
land management decisions or taking any land management actions, including, but not limited to,
weed control, drainage and irrigation. Further, Lessee shall make no land use decisions or land
maintenance decisions. Lessee shall at no time represent himself as an appointee and /or
representative for Pitkin County or the County's interests concerning land management, land use
or land maintenance of the Premises or any of the surrounding Airport Ranch property.
12. In consideration of the mutual covenants contained herein, Lessee for himself and
all of his heirs, representatives, agents, successors, executors, administrators, attorneys, insurers,
personal representatives and assigns, now fully and forever releases and discharges the County
including without limitation its elected and unelected officials, officers, directors, agents,
employees, managing employees, supervisors, representatives, successors, assigns, heirs,
personal representatives, executors, administrators, attorneys, servants and insurers, from any
and all claims, whether known or unknown as of the date of this Agreement, including but not
limited to claims under the United States Constitution, the Colorado Constitution, 42 U,S.C. §
1983, 42 U.S.C. § 1988, contract, promissory reliance or estoppel, restitution, personal injury
and tortious conduct, demands, damages, costs, liabilities, losses of services, losses, expenses,
legal expenses and attorneys fees, compensations, reimbursements, actions, rights and causes of
action of whatsoever kind and nature, resulting from or in any way arising or growing out of,
resulting or which may result from the Lessee's association, interaction, or relationship of any
kind with the County, including each and every actual or potential claim or demand, whether
under the law of Colorado or any other state, as well as under federal law, for the reimbursement
of any attorney's fees, any expenses or any costs, regardless of the theory upon which such claim
might be brought.
13. All charges for utilities serving said premises shall be paid for by the County,
except for: (1) cable, satellite or other television, (2) internet access and (3) telephone service, all
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of which shall be paid for by Lessee. The County shall also provide reasonable and necessary
snow removal for the Premises.
14. No assent, express or implied, to any breach of any one or more of the agreements
hereof shall be deemed or taken to be a waiver of any succeeding or other breach.
15. This Agreement may be executed by facsimile and in counterparts as necessary.
16. This Agreement is to be construed according to Colorado law.
17. In the event notice is required by the terms of this lease, it shall be deemed sufficient
to place the notice in the United States mail, certified, return receipt requested, addressed to
the party being notified, and for purposes of counting days for the notice period, the period shall
commence three days from the date of the postmark of the letter as mailed. The address for the
County and the Lessee for notice are as follows:
County:
Pitkin County Board of
County Commissioners
530 East Main Street, 3` Floor
Aspen, CO 81602
Lessee:
Lada Vrany
PO Box 658
Aspen, CO 81602
Mara M Kleinschmidt
PO Box 1050
Eagle, CO. 81631
18. Lessee acknowledges that any permission that might have been granted to Lessee
in the past regarding use of the Premises or any and all other County property or properties is
hereby revolted and any pre - existing tenancy or tenancies hereby terminated. Lessee's use of the
Premises from the date of this Agreement forward shall be considered as a new term and shall be
governed exclusively by the terms of this Agreement. The parties acknowledge that no other
written or oral agreements exist between them with regard to Lessee's use of the premises and
that this is a fully- integrated Agreement.
19. Lessee agrees that the County shall have authority to enter onto the Premises at all
reasonable times to study, analyze and determine whether violations of any state, local, or federal
laws exist on the Premises, and agrees that he shall fully cooperate with the County in this
regard. Should any such violations be found to exist on the Premises, the parties agree that the
County shall have sole and absolute discretion regarding how to address such violations. County
shall have no obligation to Lessee to take any action concerning such violations. Lessee
acknowledges and agrees that the County makes no warranties regarding the condition of the
Premises and specifically disclaims any and all implied warranties that might otherwise exist.
20. Should a violation of any stale, local, or federal law exist on the Property, and
should the County, in its sole and absolute discretion, conclude for cost or any other reason that
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PROPERTY MANAGEMENT AGREEMENT
LADA VRANY
addressing such a violation requires the termination of this Agreement, this Agreement shall
terminate upon thirty (30) days prior written notice to Lessee. Lessee agrees that he shall
promptly obey any and all order or orders issued by any court or any state, local, or federal
agency that requires vacation of the Premises due to the existence of such a violation or
violations.
21. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are
subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide
the services set forth herein.
22. The terms and conditions of this Agreement shall extend to and be binding upon
the heirs, executors, legal representatives, successors and assigns of the parties hereto. Pitkin
County shall record this Agreement in the Pitkin County Clerk and Recorder's real property
records.
above written.
LESSOR:
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
PITKIN COUNTY BOARD OF COUNTY
COMMISSIONERS
Michael C Ireland, Chair
RECOMMENDED FOR APPROVAL:
J�1'nes E 6 6d J
Director; Pitkin County Airport
LESSEE:
John Ely
County Attorney
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PROPERTY MANAGEMENT AGREEMENT
THIS AGREEMENT is made this _d day of 0444! / 2006, between the
Board of County Commissioners of Pitkin County (the "County "), whose address is 530 East
Main, Aspen, CO 81611 and Lady Vrany (the "Lessee ").
In consideration of the payment of the fees and the performance of the mutual promises
by Lessee and County set forth below, Lessee does hereby agree to perform the services
enumerated herein on the Premises owned by County situated in the County of Pitkin, in the
State of Colorado as depicted on the attached Exhibit A, and more specifically described as:
Parcel of land located in the southwest corner of the property known as "Airport Ranch ",
situated in Township 9S, Range 85W, Section 34, including exclusive use of one residence and
one garage/office and non - exclusive use of an access driveway from Owl Creek Road to the
residence and garage /office, as depicted on Exhibit A within the yellow box ( "Premises'.
The parties hereto acknowledge that this Agreement is a year -to -year arrangement and
that either party can terminate this Agreement by written notice to the other party served no less
than 90 (ninety) days before the date specified in the Notice for termination of the Agreement.
Address for service of Notice on the Lessee is: Lada Vrany, PO Box 658, Aspen, Colorado
81602 and Mara M Kleinschmidt, PO Box 1050, Eagle CO. 81631. Address for service of
Notice on the County is: Director of Aviation, Aspen/Pitkin County Airport, 0233 E. Airport
Rd., Aspen, Colorado 81611. To the extent that such notice results in a termination of the
Agreement prior to the last calendar day of the month, any fees due for such month under this
Agreement shall be prorated accordingly.
NOW THEREFORE, in consideration of the covenants and promises contained herein,
the parties agree as follows:
1. Monthly Pronertv Management Fee: County shall pay Lessee a monthly fee of
s °o to perform the responsibilities outlined in paragraph 2 of this agreement. Such
payment shall be made to Lessee on or before the 15`" of the following month in which Lessee's
services are rendered, commencing 15, 2006.
2. Duties of Lessee. Lessee shall keep the improvements upon the Premises in
good repair, all at Lessee's expense, and at the expiration of this Agreement shall surrender the
premises in as good a condition as when the Lessee entered the premises, loss by fire and
ordinary wear excepted. County agrees to maintain the drinking water filtration system on the
Premises at its expenses. Lessee shall keep the entire exterior Premises in a clean, sanitary, and
orderly condition, and free from all litter, dirt, debris, obstructions and hazardous materials or
conditions; and shall keep any septic system, grease trap and ash pit in a clean and sanitary
condition in full compliance with applicable laws. Lessee agrees to provide continuous security
of the Premises, and to immediately report any suspicious or unapproved activities on the
Premises immediately by telephone to County.
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PROPERTY MANAGEMENT AGREEMENT
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3. Subletting Except as provided in subsection 3(a) below, Lessee shall not
sublet any part of the Premises, and shall not assign the lease or any interest therein. Any
existing subleases, whether verbal or in writing, shall be terminated as of the date of this
Agreement, although notices can not be given until the effective date of this Agreement. Lessee
shall not be fiscally responsible for said terminations in any way, but shall cooperate fully.
(a) Housemate Caregiver Allowed Unon Countv Consent. Upon the prior
written consent of the County Manager, Lessee may elect to have one individual reside with him
as a housemate in the residence located on the Premises. Lessee shall provide the County with a
complete set of any and all terms of any and all leases and/or other agreements Lessee proposes
with any such individual, and the County shall also have an opportunity to interview any such
individual prior to granting or withholding its consent under this subparagraph. The County may
withhold or grant such consent in its sole and absolute discretion, but such consent shall not be
unreasonably withheld. Nothing herein shall be construed to create a fiduciary relationship of
any kind between the County and Lessee.
4. Use of Premises. Lessee shall have exclusive use of the existing residence
and the out - building described above and non - exclusive use of the access driveway. County
reserves the right to enter onto and gain possession of the remainder of the premises, the entire
Airport Ranch parcel and all other existing structures, and to remove all other existing structures,
litter, dirt, debris and obstructions. Lessee shall be permitted to use the Premises only as a
residence and to use the Premises for no purposes prohibited by the laws of the United States or
the State of Colorado, or of the ordinances of the County in which said Premises are located, and
for no improper or questionable purposes whatsoever, and to occupy the same only as a private
residence. Lessee shall not permit any sign or card to be placed on the Premises, shall not utilize
the premises for rooming or boardinghouse purposes, shall not permit any room in said house to
be used for cooking or light housekeeping purposes, except the kitchen, and shall not make any
alterations or change in, upon or about the premises without first obtaining the written consent of
the County. Lessee shall be entitled to keep cats as pets on the Premises.
5. Indemnification of the Countv. Lessee shall neither hold nor attempt to hold
the County liable for any injury or damage to himself or the premises, including without
limitation that occasioned by defective wiring or by the breaking or stopping of the plumbing or
sewage upon the premises, whether the breaking or stoppage results from freezing or otherwise,
from damage to the property or injuries to persons occasioned wholly or in part by or resulting
from any acts or omissions by the Lessee or the Lessee's agents, guests, licenses, invitees,
assignees or successors or for any cause or reason whatsoever arising out of or by reason of the
occupancy of the Lessee.
6. Loss or Damage to Lessee's Prooertv: Identification of Items Not Confined to
Buildings All personal property of any kind or description whatsoever shall be confined to
the above - referenced residence and garageloffice located on the leased premises and shall be
allowed on the Premises only at the Lessee's sole risk, and the County shall not be liable for any
damage done to or loss of such personal property whatsoever, including, without limitation,
damage or loss of any and all kinds suffered by the Lessee arising out of any neglectful acts of
others on the premises or having to do with any failure, malfunction or other problems relative to
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PROPERTY MANAGEMENT AGREEMENT
LADA VRANY
any of the physical facilities, residences, or improvements on the premises. All personal
property not confined within the buildings on the Premises shall be considered abandoned and
shall be subject to immediate removal by the County, subject to the remaining provisions of this
paragraph. Within thirty (30) days of the date of this Agreement, any personal property not
amenable to confinement within the buildings shall be individually identified in a spreadsheet
that provides a particularized description of each such article of personal property, serial
numbers if applicable, and any other relevant identifying information. The spreadsheet shall
further identify the proposed location on the premises where Lessee wishes to store each such
article. The County shall have the right to allow or disallow storage of such items in its sole and
absolute discretion. Disallowed items shall be confined to the residence or garage/office, or
removed from the premises, within then (10) days notice of a disallowance by the County,
weather permitting. Any items not identified on the spreadsheet shall be deemed abandoned as
provided for above.
7. Right to Enter. Lessee agrees that the County has the right to enter upon
any portion of the premises at any reasonable hour or at any time in the event of an emergency.
Lessee waives any claims that may arise under the United States or Colorado Constitutions, or
under Colorado, local or any other applicable law that may arise out of County's exercise of its
rights under this Agreement. Notice of entry shall be given when reasonably possible.
8. De ts.
8.1 Lessee's Default. Each of the following events shall be deemed an "event
of default" or a "default" hereunder if not cured within ten days of the time notice is given to
Lessee of said default in accordance with Paragraph 16.
a. Any violation of any one of Lessee's agreements, obligations, or
covenants hereunder, including but not limited to any subleasing or assignment of Lessee's
interest in the premises.
b. Seizure of this Agreement or the Premises by execution or other process of
law directed against Lessee and not discharged within ten days.
C. Lessee shall not at any time, knowingly suffer or knowingly permit any
illegal activity on or use of the Premises by Lessee, his agents, guests, licensees, invitees,
assignees or successors.
8.2 PTODerty Left on Premises. Any property of Lessee alloyed on the
Premises pursuant to 16 (or of anyone claiming under, by or through Lessee)
which is left on the Premises more than 15 days after expiration of the term of the
Agreement or termination of possessory rights hereunder shall be conclusively
deemed abandoned; and County may keep, use, remove, store, sell, destroy,
discard, or otherwise deal with it in County's absolute discretion without liability
of any sort to Lessee or anyone claiming under, by or through Lessee.
8.3 PROPERTY TO BE ACOUIRED BY COUNTY. Certain property
subject to identification in Paragraph 6 hereof shall be acquired by the County for which a
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PROPERTY MANAGEMENT AGREEMENT
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separate bill of sale and compensation of $10,000.00 from the County to Lessee shall be made no
later than ,pk/ /er- 3 / . 2006. Certain of said property is of historical significance and other
is as permanent improvements to the property made at the Lessee's prior sole expense.
MUTUAL COVENANTS AND RESTRICTIONS
IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LESSOR AND
LESSEE AS FOLLOWS:
9. Lessee shall at no time represent himself as an appointee and/or representative for
Pitkin County or the County's interests concerning real estate, water rights, water management
or any other matter to any third parties or to any State and/or Federal governmental agencies.
10. Lessee is prohibited from altering, touching or attempting to manage in any way
any of the County ditches, ditch structures, ditch water, or headgates, unless approved in advance
by County.
11. County as the owner of the Premises shall manage and maintain the Premises and
surrounding Airport Ranch property at its sole discretion. Lessee is prohibited from making any
land management decisions or taking any land management actions, including, but not limited to,
weed control, drainage and irrigation. Further, Lessee shall make no land use decisions or land
maintenance decisions. Lessee shall at no time represent himself as an appointee and /or
representative for Pitkin County or the County's interests concerning land management, land use
or land maintenance of the Premises or any of the surrounding Airport Ranch property.
12. In consideration of the mutual covenants contained herein, Lessee for himself and
all of his heirs, representatives, agents, successors, executors, administrators, attorneys, insurers,
personal representatives and assigns, now fully and forever releases and discharges the County
including without limitation its elected and unelected officials, officers, directors, agents,
employees, managing employees, supervisors, representatives, successors, assigns, heirs,
personal representatives, executors, administrators, attorneys, servants and insurers, from any
and all claims, whether known or unknown as of the date of this Agreement, including but not
limited to claims under the United States Constitution, the Colorado Constitution, 42 U.S.C. §
1983, 42 U.S.C. § 1988, contract, promissory reliance or estoppel, restitution, personal injury
and tortious conduct, demands, damages, costs, liabilities, losses of services, losses, expenses,
legal expenses and attorneys fees, compensations, reimbursements, actions, rights and causes of
action of whatsoever kind and nature, resulting from or in any way arising or growing out of,
resulting or which may result from the Lessee's association, interaction, or relationship of any
kind with the County, including each and every actual or potential claim or demand, whether
under the law of Colorado or any other state, as well as under federal law, for the reimbursement
of any attorney's fees, any expenses or any costs, regardless of the theory upon which such claim
might be brought.
13. All charges for utilities serving said premises shall be paid for by the County,
except for: (1) cable, satellite or other television, (2) internet access and (3) telephone service, all
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PROPERTY MANAGEMENT AGREEMENT
LADA VRANY
of which shall be paid for by Lessee. The County shall also provide reasonable and necessary
snow removal for the Premises.
14. No assent, express or implied, to any breach of any one or more of the agreements
hereof shall be deemed or taken to be a waiver of any succeeding or other breach.
15. This Agreement may be executed by facsimile and in counterparts as necessary.
16. This Agreement is to be construed according to Colorado law.
17. In the event notice is required by the terms of this lease, it shall be deemed sufficient
to place the notice in the United States mail, certified, return receipt requested, addressed to
the party being notified, and for purposes of counting days for the notice period, the period shall
commence three days from the date of the postmark of the letter as mailed. The address for the
County and the Lessee for notice are as follows:
County:
Pitkin County Board of
County Commissioners
530 East Main Street, 3` Floor
Aspen, CO 81602
Lessee:
Lada Vrany
PO Box 658
Aspen, CO 81602
Mara M Kleinschmidt
PO Box 1050
Eagle, CO. 81631
18. Lessee acknowledges that any permission that might have been granted to Lessee
in the past regarding use of the Premises or any and all other County property or properties is
hereby revoked and any pre - existing tenancy or tenancies hereby terminated. Lessee's use of the
Premises from the date of this Agreement forward shall be considered as a new term and shall be
governed exclusively by the terms of this Agreement. The parties acknowledge that no other
written or oral agreements exist between them with regard to Lessee's use of the premises and
that this is a fully- integrated Agreement.
19. Lessee agrees that the County shall have authority to enter onto the Premises at all
reasonable times to study, analyze and determine whether violations of any state, local, or federal
laws exist on the Premises, and agrees that he shall fully cooperate with the County in this
regard. Should any such violations be found to exist on the Premises, the parties agree that the
County shall have sole and absolute discretion regarding how to address such violations. County
shall have no obligation to Lessee to take any action concerning such violations. Lessee
acknowledges and agrees that the County makes no warranties regarding the condition of the
Premises and specifically disclaims any and all implied warranties that might otherwise exist.
20. Should a violation of any state, local, or federal law exist on the Property, and
should the County, in its sole and absolute discretion, conclude for cost or any other reason that
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PROPERTY MANAGEMENT AGREEMENT
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addressing such a violation requires the termination of this Agreement, this Agreement shall
terminate upon thirty (30) days prior written notice to Lessee. Lessee agrees that he shall
promptly obey any and all order or orders issued by any court or any state, local, or federal
agency that requires vacation of the Premises due to the existence of such a violation or
violations.
21. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are
subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide
the services set forth herein.
22. The terms and conditions of this Agreement shall extend to and be binding upon
the heirs, executors, legal representatives, successors and assigns of the parties hereto. Pitkin
County shall record this Agreement in the Pitkin County Clerk and Recorder's real property
records.
above written.
LESSOR:
PITKIN COUNTY BOARD OF COUNTY
W ��,V /
By: �� Ob
Michael C Ireland, Chair
10113 7--29M
J
es
Di itkin County Airport
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
LESSEE:
John Ely
County Attorney
IIIIII VIIIIIIIII 2
0/ 0
//20
0612:23F
0
Page 6 of 6
RECEPTION #: 545303,12127/2007 at
03:44:52 PM,
1 OF 16, R $0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, AUTHORIZING THE SETTLEMENT OF BOCC V. VRANY AND
EXECUTION OF A PROPERTY MANAGEMENT AGREEMENT FOR A PORTION OF
THE AIRPORT RANCH PARCEL.
ORDINANCE #
RECITALS
A. Pitkin County is currently engaged in unlawful detainer litigation with Lada Vrany over
the Airport Ranch Parcel. The litigation is pending in Pitkin County Court as Case No. 05 C
165.
ap B . The parties have reached agreement in principle on a settlement that will allow the
litigation to be dismissed. The key component of the settlement is execution of a Property
Management Agreement with Mr. Vrany with salient features as described below. Mr. Vrany
shall be permitted to reside in his current residence and shall have use of that structure and the
neighboring garage /workshop. He shall be responsible for keeping the premises clean and
orderly, and for contacting a designated County official at the Airport in the event that he learns
of any suspicious activity or emergencies on the premises. The Agreement specifically prohibits
any subleasing of the premises with the exception of a caregiver who would be allowed to reside
in the house with Mr. Vrany upon the County's written consent. In exchange for Mr. Vrany's
services the County will provide a stipend matching his monthly social security payment, and
shall be responsible for certain utility payments and reasonable snow removal. The Agreement
also provides for a one -time payment of $10,000 for improvements that Mr. Vrany has made to
the property, and delineates further responsibilities and obligations of the parties with regard to
the premises and other County property. The Agreement will also contain certain other terms
approved by the County Attorney's Office. Upon completion of the conveyance, the litigation
will be dismissed with prejudice and the parties will be responsible for their own costs and
attorneys' fees.
C. This Ordinance is required by the Pitkin County Home Rule Charter in order to effectuate
a lease of County -owned interests in real property.
D. The Board finds that approval of this Emergency Ordinance is appropriate due to the
need to expeditiously resolve the Vrany litigation and other pending litigation relating to the
Airport Ranch Parcel, and to expedite ongoing work to address code violations on the Airport
Ranch.
NOW THEREFORE, be it resolved by the Board of County Commissioners of Pitkin
County Colorado, as follows:
1. Authorization to Execute Agreement. The Board authorizes the chair to execute an
agreement or agreements, in a form approved by the County Attorney, that includes the
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provisions set forth above. The County Attorney's approval as to form shall be a condition
precedent to the Chair's authorization to execute the agreement or agreements.
INTRODUCED AND ADOPTED ON THE I I DAY OF OCTOBER 2006 AND
SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON THE 25
DAY OF OCTOBER 2006.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY
ON THE 15 DAY OF OCTOBER 2006.
CONFIRMED AT PUBLIC HEARING ON THE � DAY OF OCTOBER 2006.
PUBLISHED AFTER CONFIRMATORY READING AND PUBLIC HEARING IN
THE ASPEN TIMES WEEKLY ON THE 9,�a DAY OF NOVEMBER 2006.
THIS ORDINANCE IS EFFECTIVE OCTOBER 11, 2006.
ATTEST:
J0 nette Jones U
D uty Clerk
APPROVED AS TO FORM:
C riistopher G. Neldi n
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
/W G�
Michael Ireland
Chair K
Date: /O ' 1 -
Hilary Fl er
County ager
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 10/12 00 12:091
1
PROPERTY MANAGEMENT AGREEMENT
THIS AGREEMENT is made this g- day of 2006, between the
Board of County Commissioners of Pitkin County (the "County "), whose address is 530 East
Main, Aspen, CO 81611 and Lady Vrany (the "Lessee ").
In consideration of the payment of the fees and the performance of the mutual promises
by Lessee and County set forth below, Lessee does hereby agree to perform the services
enumerated herein on the Premises owned by County situated in the County of Pitkin, in the
State of Colorado as depicted on the attached Exhibit A, and more specifically described as:
Parcel of land located in the southwest coiner of the property known as "Airport Ranch",
situated in Township 9S, Range 85W, Section 34, including exclusive use of one residence and
one garage /office and non - exclusive use of an access driveway from Owl Creek Road to the
residence and garage /office, as depicted on Exhibit A within the yellow box ( "Premises ").
The parties hereto acknowledge that this Agreement is a year -to -year arrangement and
that either party can terminate this Agreement by written notice to the other party served no less
than 90 (ninety) days before the date specified in the Notice for termination of the Agreement.
Address for service of Notice on the Lessee is: Lada Vrany, PO Box 658, Aspen, Colorado
81602 and Mara M Kieinschmidt, PO Box 1050, Eagle CO. 81631. Address for service of
Notice on the County is: Director of Aviation, Aspen/Pitkin County Airport, 0233 E. Airport
Rd., Aspen, Colorado 81611. To the extent that such notice results in a termination of the
Agreement prior to the last calendar day of the month, any fees due for such month under this
Agreement shall be prorated accordingly.
NOW THEREFORE, in consideration of the covenants and promises contained herein,
the parties agree as follows:
1. Monthlv Property Management Fee: County shall pay Lessee a monthly fee of
$ to perform the responsibilities outlined in paragraph 2 of this agreement. Such
payment shall be made to Lessee on or before the 15 of the following month in which Lessee's
services are rendered, commencing 1. 5, 2006.
2. Duties of Lessee. Lessee shall keep the improvements upon the Premises in
good repair, all at Lessee's expense, and at the expiration of this Agreement shall surrender the
premises in as good a condition as when the Lessee entered the premises, loss by fire and
ordinary wear excepted. County agrees to maintain the drinking water filtration system on the
Premises at its expenses. Lessee shall keep the entire exterior Premises in a clean, sanitary, and
orderly condition, and free from all litter, dirt, debris, obstructions and hazardous materials or
conditions; and shall keep any septic system, grease trap and ash pit in a clean and sanitary
condition in full compliance with applicable laws. Lessee agrees to provide continuous security
of the Premises, and to immediately report any suspicious or unapproved activities on the
Premises immediately by telephone to County.
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LADA VRANY
3. Subletting. Except as provided in subsection 3(a) below, Lessee shall not
sublet any part of the Premises, and shall not assign the lease or any interest therein. Any
existing subleases, whether verbal or in writing, shall be terminated as of the date of this
Agreement, although notices can not be given until the effective date of this Agreement. Lessee
shall not be fiscally responsible for said terminations in any way, but shall cooperate fully.
(a) Housemate Caregiver Allowed Upon Countv Consent. Upon the prior
written consent of the County Manager, Lessee may elect to have one individual reside with him
as a housemate in the residence located on the Premises. Lessee shall provide the County with a
complete set of any and all terms of any and all leases and/or other agreements Lessee proposes
with any such individual, and the County shall also have an opportunity to interview any such
individual prior to granting or withholding its consent under this subparagraph. The County may
withhold or grant such consent in its sole and absolute discretion, but such consent shall not be
unreasonably withheld. Nothing herein shall be construed to create a fiduciary relationship of
any kind between the County and Lessee.
4. Use of Premises. Lessee shall have exclusive use of the existing residence
and the out - building described above and non - exclusive use of the access driveway. County
reserves the right to enter onto and gain possession of the remainder of the premises, the entire
Airport Ranch parcel and all other existing structures, and to remove all other existing structures,
litter, dirt, debris and obstructions. Lessee shall be permitted to use the Premises only as a
residence and to use the Premises for no purposes prohibited by the laws of the United States or
the State of Colorado, or of the ordinances of the County in which said Premises are located, and
for no improper or questionable purposes whatsoever, and to occupy the same only as a private
residence. Lessee shall not permit any sign or card to be placed on the Premises, shall not utilize
the premises for rooming or boardinghouse purposes, shall not permit any room in said house to
be used for cooking or light housekeeping purposes, except the kitchen, and shall not make any
alterations or change in, upon or about the premises without first obtaining the written consent of
the County. Lessee shall be entitled to keep cats as pets on the Premises.
5. Indemnification of the County. Lessee shall neither hold nor attempt to hold
the County liable for any injury or damage to himself or the premises, including without
limitation that occasioned by defective wiring or by the breaking or stopping of the plumbing or
sewage upon the premises, whether the breaking or stoppage results from freezing or otherwise,
from damage to the property or injuries to persons occasioned wholly or in part by or resulting
from any acts or omissions by the Lessee or the Lessee's agents, guests, licenses, invitees,
assignees or successors or for any cause or reason whatsoever arising out of or by reason of the
occupancy of the Lessee.
6. Loss or Damaae to Lessee's Property; Identification of Items Not Confined to,
Buildings. All personal property of any kind or description whatsoever shall be confined to
the above - referenced residence and garage /office located on the leased premises and shall be
allowed on the Premises only at the Lessee's sole risk, and the County shall not be liable for any
damage done to or loss of such personal property whatsoever, including, without limitation,
damage or loss of any and all kinds suffered by the Lessee arising out of any neglectful acts of
others on the premises or having to do with any failure, malfunction or other problems relative to
Page 2 of 6
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PROPERTY MANAGEMENT AGREEMENT
LADA VRANY
any of the physical facilities, residences, or improvements on the premises. All personal
property not confined within the buildings on the Premises shall be considered abandoned and
shall be subject to immediate removal by the County, subject to the remaining provisions of this
paragraph. Within thirty (30) days of the date of this Agreement, any personal property not
amenable to confinement within the buildings shall be individually identified in a spreadsheet
that provides a particularized description of each such article of personal property, serial
numbers if applicable, and any other relevant identifying information. The spreadsheet shall
further identify the proposed location on the premises where Lessee wishes to store each such
article. The County shall have the right to allow or disallow storage of such items in its sole and
absolute discretion. Disallowed items shall be confined to the residence or garage /office, or
removed from the premises, within then (10) days notice of a disallowance by the County,
weather permitting. Any items not identified on the spreadsheet shall be deemed abandoned as
provided for above.
7. Right to Enter. Lessee agrees that the County has the right to enter upon
any portion of the premises at any reasonable hour or at any time in the event of an emergency.
Lessee waives any claims that may arise under the United States or Colorado Constitutions, or
under Colorado, local or any other applicable law that may arise out of County's exercise of its
rights under this Agreement. Notice of entry shall be given when reasonably possible.
8. Defaults.
8.1 Lessee's Default. Each of the following events shall be deemed an "event
of default" or a "default" hereunder if not cured within ten days of the time notice is given to
Lessee of said default in accordance with Paragraph 16.
a. Any violation of any one of Lessee's agreements, obligations, or
covenants hereunder, including but not limited to any subleasing or assignment of Lessee's
interest in the premises.
b. Seizure of this Agreement or the Premises by execution or other process of
law directed against Lessee and not discharged within ten days.
C. Lessee shall not at any time, knowingly suffer or knowingly permit any
illegal activity on or use of the Premises by Lessee, his agents, guests, licensees, invitees,
assignees or successors.
8.2 Property Left on Premises. Any property of Lessee allowed on the
Premises pursuant to ¶ 6 (or of anyone claiming under, by or through Lessee)
which is left on the Premises more than 15 days after expiration of the term of the
Agreement or termination of possessory rights hereunder shall be conclusively
deemed abandoned; and County may keep, use, remove, store, sell, destroy,
discard, or otherwise deal with it in County's absolute discretion without liability
of any sort to Lessee or anyone claiming under, by or through Lessee.
8.3 PROPERTY TO BE ACQUIRED BY COUNTY, Certain property
subject to identification in Paragraph 6 hereof shall be acquired by the County for which a
Page 3 of 6
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PROPERTY MANAGEMENT AGREEMENT
LADA VRANY
separate bill of sale and compensation of $10,000.00 from the County to Lessee shall be made no
later than 6,�-e 3 / , 2006. Certain of said property is of historical significance and other
is as permanent improvements to the property made at the Lessee's prior sole expense.
MUTUAL COVENANTS AND RESTRICTIONS
IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LESSOR AND
LESSEE AS FOLLOWS:
9. Lessee shall at no time represent himself as an appointee and/or representative for
Pitkin County or the County's interests concerning real estate, water rights, water management
or any other matter to any third parties or to any State and /or Federal governmental agencies.
10. Lessee is prohibited from altering, touching or attempting to manage in any way
any of the County ditches, ditch structures, ditch water, or headgates, unless approved in advance
by County.
11. County as the owner of the Premises shall manage and maintain the Premises and
surrounding Airport Ranch property at its sole discretion. Lessee is prohibited from making any
land management decisions or taking any land management actions, including, but not limited to,
weed control, drainage and irrigation. Further, Lessee shall make no land use decisions or land
maintenance decisions. Lessee shall at no time represent himself as an appointee and /or
representative for Pitkin County or the County's interests concerning land management, land use
or land maintenance of the Premises or any of the surrounding Airport Ranch property.
12. In consideration of the mutual covenants contained herein, Lessee for himself and
all of his heirs, representatives, agents, successors, executors, administrators, attorneys, insurers,
personal representatives and assigns, now fully and forever releases and discharges the County
including without limitation its elected and unelected officials, officers, directors, agents,
employees, managing employees, supervisors, representatives, successors, assigns, heirs,
personal representatives, executors, administrators, attorneys, servants and insurers, from any
and all claims, whether known or unknown as of the date of this Agreement, including but not
limited to claims under the United States Constitution, the Colorado Constitution, 42 U.S.C. §
1983, 42 U.S.C. § 1988, contract, promissory reliance or estoppel, restitution, personal injury
and tortious conduct, demands, damages, costs, liabilities, losses of services, losses, expenses,
legal expenses and attorneys fees, compensations, reimbursements, actions, rights and causes of
action of whatsoever kind and nature, resulting from or in any way arising or growing out of,
resulting or which may result from the Lessee's association, interaction, or relationship of any
kind with the County, including each and every actual or potential claim or demand, whether
under the law of Colorado or any other state, as well as under federal law, for the reimbursement
of any attorney's fees, any expenses or any costs, regardless of the theory upon which such claim
might be brought.
13. All charges for utilities serving said premises shall be paid for by the County,
except for: (1) cable, satellite or other television, (2) internet access and (3) telephone service, all
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LADA VRANY
of which shall be paid for by Lessee. The County shall also provide reasonable and necessary
snow removal for the Premises.
14. No assent, express or implied, to any breach of any one or more of the agreements
hereof shall be deemed or taken to be a waiver of any succeeding or other breach.
15. This Agreement may be executed by facsimile and in counterparts as necessary.
16. This Agreement is to be construed according to Colorado law.
17. In the event notice is required by the terms of this lease, it shall be deemed sufficient
to place the notice in the United States mail, certified, return receipt requested, addressed to
the party being notified, and for purposes of counting days for the notice period, the period shall
commence three days from the date of the postmark of the letter as hailed. The address for the
County and the Lessee for notice are as follows:
County:
Pitkin County Board of
County Commissioners
530 East Main Street, 3` Floor
Aspen, CO 81602
Lessee:
Lada Vrany
PO Box 658
Aspen, CO 81602
Mara M Kleinschmidt
PO Box 1050
Eagle, CO. 81631
18. Lessee acknowledges that any permission that might have been granted to Lessee
in the past regarding use of the Premises or any and all other County property or properties is
hereby revolted and any pre - existing tenancy or tenancies hereby terminated. Lessee's use of the
Premises from the date of this Agreement forward shall be considered as a new term and shall be
governed exclusively by the terms of this Agreement. The parties acknowledge that no other
written or oral agreements exist between them with regard to Lessee's use of the premises and
that this is a fully- integrated Agreement.
19. Lessee agrees that the County shall have authority to enter onto the Premises at all
reasonable times to study, analyze and determine whether violations of any state, local, or federal
laws exist on the Premises, and agrees that he shall fully cooperate with the County in this
regard. Should any such violations be found to exist on the Premises, the parties agree that the
County shall have sole and absolute discretion regarding how to address such violations. County
shall have no obligation to Lessee to take any action concerning such violations. Lessee
acknowledges and agrees that the County makes no warranties regarding the condition of the
Premises and specifically disclaims any and all implied warranties that might otherwise exist.
20. Should a violation of any state, local, or federal law exist on the Property, and
should the County, in its sole and absolute discretion, conclude for cost or any other reason that
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addressing such a violation requires the termination of this Agreement, this Agreement shall
terminate upon thirty (30) days prior written notice to Lessee. Lessee agrees that he shall
promptly obey any and all order or orders issued by any court or any state, local, or federal
agency that requires vacation of the Premises due to the existence of such a violation or
violations.
21. Current Year Obligations. The parties aelmowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are
subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide
the services set forth herein.
22. The terms and conditions of this Agreement shall extend to and be binding upon
the heirs, executors, legal representatives, successors and assigns of the parties hereto. Pitkin
County shall record this Agreement in the Pitkin County Clerk and Recorder's real property
records.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
above written.
LESSOR:
PITKIN COUNTY BOARD OF COUNTY
COMMISSIONERS
By:
Michael C Ireland, Chair
RECOMMENDED FOR APPROVAL
J ' es E*ood
D�tor, Yitkin County Airport
LESSEE:
John Ely 1
County Attorney
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Page 6 of 6
•
iN
1
_
q
fix
PROPERTY MANAGEMENT AGREEMENT
THIS AGREEMENT is made this ��day of &OGbBAr-' 2006, between the
Board of County Commissioners of Pitkin County (the "County "), whose address is 530 East
Main, Aspen, CO 81611 and Lady Vrany (the "Lessee ").
In consideration of the payment of the fees and the performance of the mutual promises
by Lessee and County set forth below, Lessee does hereby agree to perform the services
enumerated herein on the Premises owned by County situated in the County of Pitkin, in the
State of Colorado as depicted on the attached Exhibit A, and more specifically described as:
Parcel of land located in the southwest corner of the property known as "Airport Ranch ",
situated in Township 9S, Range 85W, Section 34, including exclusive use of one residence and
one garage /office and non - exclusive use of an access driveway from Owl Creek Road to the
residence and garage /office, as depicted on Exhibit A within the yellow box ( "Premises ").
The parties hereto acknowledge that this Agreement is a year -to -year arrangement and
that either party can terminate this Agreement by written notice to the other party served no less
than 90 (ninety) days before the date specified in the Notice for termination of the Agreement.
Address for service of Notice on the Lessee is: Lada Vrany, PO Box 658, Aspen, Colorado
81602 and Mara M Kleinschmidt, PO Box 1050, Eagle CO. 81631. Address for service of
Notice on the County is: Director of Aviation, Aspen/Pitkin County Airport, 0233 E. Airport
Rd., Aspen, Colorado 81611. To the extent that such notice results in a termination of the
Agreement prior to the last calendar day of the month, any fees due for such month under this
Agreement shall be prorated accordingly.
NOW THEREFORE, in consideration of the covenants and promises contained herein,
the parties agree as follows:
1. Monthlv Property Management Fee: County shall pay Lessee a monthly fee of
$ 9 to perform the responsibilities outlined in paragraph 2 of this agreement. Such
payment shall be made to Lessee on or before the 15 " of the following month in which Lessee's
services are rendered, commencing A) - 2006.
2. Duties of Lessee. Lessee shall keep the improvements upon the Premises in
good repair, all at Lessee's expense, and at the expiration of this Agreement shall surrender the
premises in as good a condition as when the Lessee entered the premises, loss by fire and
ordinary wear excepted. County agrees to maintain the drinking water filtration system on the
Premises at its expenses. Lessee shall keep the entire exterior Premises in a clean, sanitary, and
orderly condition, and free from all litter, dirt, debris, obstructions and hazardous materials or
conditions; and shall keep any septic system, grease trap and ash pit in a clean and sanitary
condition in full compliance with applicable laws. Lessee agrees to provide continuous security
of the Premises, and to immediately report any suspicious or unapproved activities on the
Premises immediately by telephone to County.
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LADA VRANY
3. Subletting. Except as provided in subsection 3(a) below, Lessee shall not
sublet any part of the Premises, and shall not assign the lease or any interest therein. Any
existing subleases, whether verbal or in writing, shall be terminated as of the date of this
Agreement, although notices can not be given until the effective date of this Agreement. Lessee
shall not be fiscally responsible for said terminations in any way, but shall cooperate fully.
(a) Housemate Caregiver Allowed Unon Countv Consent. Upon the prior
written consent of the County Manager, Lessee may elect to have one individual reside with him
as a housemate in the residence located on the Premises. Lessee shall provide the County with a
complete set of any and all terms of any and all leases and/or other agreements Lessee proposes
with any such individual, and the County shall also have an opportunity to interview any such
individual prior to granting or withholding its consent under this subparagraph. The County may
withhold or grant such consent in its sole and absolute discretion, but such consent shall not be
unreasonably withheld. Nothing herein shall be construed to create a fiduciary relationship of
any kind between the County and Lessee.
4. Use of Premises. Lessee shall have exclusive use of the existing residence
and the out - building described above and non - exclusive use of the access driveway. County
reserves the right to enter onto and gain possession of the remainder of the premises, the entire
Airport Ranch parcel and all other existing structures, and to remove all other existing structures,
litter, dirt, debris and obstructions. Lessee shall be permitted to use the Premises only as a
residence and to use the Premises for no purposes prohibited by the laws of the United States or
the State of Colorado, or of the ordinances of the County in which said Premises are located, and
for no improper or questionable purposes whatsoever, and to occupy the same only as a private
residence. Lessee shall not permit any sign or card to be placed on the Premises, shall not utilize
the premises for rooming or boardinghouse purposes, shall not permit any room in said house to
be used for cooking or light housekeeping purposes, except the kitchen, and shall not make any
alterations or change in, upon or about the premises without first obtaining the written consent of
the County. Lessee shall be entitled to keep cats as pets on the Premises.
5. Indemnification of the County. Lessee shall neither hold nor attempt to hold
the County liable for any injury or damage to himself or the premises, including without
limitation that occasioned by defective wiring or by the breaking or stopping of the plumbing or
sewage upon the premises, whether the breaking or stoppage results from freezing or otherwise,
from damage to the property or injuries to persons occasioned wholly or in part by or resulting
from any acts or omissions by the Lessee or the Lessee's agents, guests, licenses, invitees,
assignees or successors or for any cause or reason whatsoever arising out of or by reason of the
occupancy of the Lessee.
6. Loss or Damage to Lessee's Proverty. Identification of Items Not Confined to,
Buildings. All personal property of any kind or description whatsoever shall be confined to
the above - referenced residence and garage /office located on the leased premises and shall be
allowed on the Premises only at the Lessee's sole risk, and the County shall not be liable for any
damage done to or loss of such personal property whatsoever, including, without limitation,
damage or loss of any and all kinds suffered by the Lessee arising out of any neglectful acts of
others on the premises or having to do with any failure, malfunction or other problems relative to
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any of the physical facilities, residences, or improvements on the premises. All personal
property not confined within the buildings on the Premises shall be considered abandoned and
shall be subject to immediate removal by the County, subject to the remaining provisions of this
paragraph. Within thirty (30) days of the date of this Agreement, any personal property not
amenable to confinement within the buildings shall be individually identified in a spreadsheet
that provides a particularized description of each such article of personal property, serial
numbers if applicable, and any other relevant identifying information. The spreadsheet shall
further identify the proposed location on the premises where Lessee wishes to store each such
article. The County shall have the right to allow or disallow storage of such items in its sole and
absolute discretion. Disallowed items shall be confined to the residence or garage /office, or
removed from the premises, within then (10) days notice of a disallowance by the County,
weather permitting. Any items not identified on the spreadsheet shall be deemed abandoned as
provided for above.
7. Right to Enter. Lessee agrees that the County has the right to enter upon
any portion of the premises at any reasonable hour or at any time in the event of an emergency.
Lessee waives any claims that may arise under the United States or Colorado Constitutions, or
under Colorado, local or any other applicable law that may arise out of County's exercise of its
rights under this Agreement. Notice of entry shall be given when reasonably possible.
8. Defaults.
8.1 Lessee's Default. Each of the following events shall be deemed an "event
of default" or a "default" hereunder if not cured within ten days of the time notice is given to
Lessee of said default in accordance with Paragraph 16.
a. Any violation of any one of Lessee's agreements, obligations, or
covenants hereunder, including but not limited to any subleasing or assignment of Lessee's
interest in the premises.
b. Seizure of this Agreement or the Premises by execution or other process of
law directed against Lessee and not discharged within ten days.
C. Lessee shall not at any time, knowingly suffer or knowingly permit any
illegal activity on or use of the Premises by Lessee, his agents, guests, licensees, invitees,
assignees or successors.
8.2 Property Left on Premises. Any property of Lessee allowed on the
Premises pursuant to 16 (or of anyone claiming under, by or through Lessee)
which is left on the Premises more than 15 days after expiration of the term of the
Agreement or termination of possessory rights hereunder shall be conclusively
deemed abandoned; and County may keep, use, remove, store, sell, destroy,
discard, or otherwise deal with it in County's absolute discretion without liability
of any sort to Lessee or anyone claiming under, by or through Lessee.
8.3 PROPERTY TO BE ACQUIRED BY COUNTY., Certain property
subject to identification in Paragraph 6 hereof shall be acquired by the County for which a
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separate bill of sale and compensation of $10,000.00 from the County to Lessee shall be made no
later than _6ca-et- 3 / , 2006. Certain of said property is of historical significance and other
is as permanent improvements to the property made at the Lessee's prior sole expense.
MUTUAL COVENANTS AND RESTRICTIONS
IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LESSOR AND
LESSEE AS FOLLOWS:
9. Lessee shall at no time represent himself as an appointee and/or representative for
Pitkin County or the County's interests concerning real estate, water rights, water management
or any other matter to any third parties or to any State and /or Federal governmental agencies.
10. Lessee is prohibited from altering, touching or attempting to manage in any way
any of the County ditches, ditch structures, ditch water, or headgates, unless approved in advance
by County.
11. County as the owner of the Premises shall manage and maintain the Premises and
surrounding Airport Ranch property at its sole discretion. Lessee is prohibited from making any
land management decisions or taking any land management actions, including, but not limited to,
weed control, drainage and irrigation. Further, Lessee shall make no land use decisions or land
maintenance decisions. Lessee shall at no time represent himself as an appointee and /or
representative for Pitkin County or the County's interests concerning land management, land use
or land maintenance of the Premises or any of the surrounding Airport Ranch property.
12. In consideration of the mutual covenants contained herein, Lessee for himself and
all of his heirs, representatives, agents, successors, executors, administrators, attorneys, insurers,
personal representatives and assigns, now fully and forever releases and discharges the County
including without limitation its elected and unelected officials, officers, directors, agents,
employees, managing employees, supervisors, representatives, successors, assigns, heirs,
personal representatives, executors, administrators, attorneys, servants and insurers, from any
and all claims, whether known or unknown as of the date of this Agreement, including but not
limited to claims under the United States Constitution, the Colorado Constitution, 42 U.S.C. §
1983, 42 U.S.C. § 1988, contract, promissory reliance or estoppel, restitution, personal injury
and tortious conduct, demands, damages, costs, liabilities, losses of services, losses, expenses,
legal expenses and attorneys fees, compensations, reimbursements, actions, rights and causes of
action of whatsoever kind and nature, resulting from or in any way arising or growing out of,
resulting or which may result from the Lessee's association, interaction, or relationship of any
kind with the County, including each and every actual or potential claim or demand, whether
under the law of Colorado or any other state, as well as under federal law, for the reimbursement
of any attorney's fees, any expenses or any costs, regardless of the theory upon which such claim
might be brought.
13. All charges for utilities serving said premises shall be paid for by the County,
except for: (1) cable, satellite or other television, (2) internet access and (3) telephone service, all
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of which shall be paid for by Lessee. The County shall also provide reasonable and necessary
snow removal for the Premises.
14. No assent, express or implied, to any breach of any one or more of the agreements
hereof shall be deemed or taken to be a waiver of any succeeding or other breach.
15. This Agreement may be executed by facsimile and in counterparts as necessary.
16. This Agreement is to be construed according to Colorado law,
17. In the event notice is required by the terms of this lease, it shall be deemed sufficient
to place the notice in the United States mail, certified, return receipt requested, addressed to
the party being notified, and for purposes of counting days for the notice period, the period shall
commence three days from the date of the postmark of the letter as mailed. The address for the
County and the Lessee for notice are as follows:
County:
Pitkin County Board of
County Commissioners
530 East Main Street, 3�d Floor
Aspen, CO 81602
Lessee:
Lada V rany
PO Box 658
Aspen, CO 81602
Mara M Kleinschmidt
PO Box 1050
Eagle, CO. 81631
18. Lessee acknowledges that any permission that might have been granted to Lessee
in the past regarding use of the Premises or any and all other County property or properties is
hereby revoked and any pre - existing tenancy or tenancies hereby terminated. Lessee's use of the
Premises from the date of this Agreement forward shall be considered as a new term and shall be
governed exclusively by the terms of this Agreement. The parties acknowledge that no other
written or oral agreements exist between them with regard to Lessee's use of the premises and
that this is a fully- integrated Agreement.
19. Lessee agrees that the County shall have authority to enter onto the Premises at all
reasonable times to study, analyze and determine whether violations of any state, local, or federal
laws exist on the Premises, and agrees that he shall fully cooperate with the County in this
regard. Should any such violations be found to exist on the Premises, the parties agree that the
County shall have sole and absolute discretion regarding how to address such violations. County
shall have no obligation to Lessee to take any action concerning such violations. Lessee
acknowledges and agrees that the County makes no warranties regarding the condition of the
Premises and specifically disclaims any and all implied warranties that might otherwise exist.
20. Should a violation of any state, local, or federal law exist on the Property, and
should the County, in its sole and absolute discretion, conclude for cost or any other reason that
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addressing such a violation requires the termination of this Agreement, this Agreement shall
terminate upon thirty (30) days prior written notice to Lessee. Lessee agrees that he shall
promptly obey any and all order or orders issued by any court or any state, local, or federal
agency that requires vacation of the Premises due to the existence of such a violation or
violations.
21. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are
subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide
the services set forth herein.
22. The terms and conditions of this Agreement shall extend to and be binding upon
the heirs, executors, legal representatives, successors and assigns of the parties hereto. Pitkin
County shall record this Agreement in the Pitkin County Clerk and Recorder's real property
records.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
above written.
LESSOR:
PITKIN COUNTY BOARD OF COUNTY
COMMISSIONERS
By:
Michael C Ireland, Chair
RECOMMENDED FOR APPROVAL:
LESSEE:
t es E ood_,
c itkin County Airport
John Ely
County Attorney
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