HomeMy WebLinkAboutORDINANCE 13-09C 0
ORDINANCE NO.13-09
WHEREAS,the Town of Estes Park and the Estes Valley Fire Protection District
have agreed in the Intergovernmental Agreement between the entities to lease the
Dannels Fire Station and the fire training area from the Town to the District;and
WHEREAS,Section 31-15-713(1)(c)C.R.S.provides that the lease of any real
estate,together with any facility thereon,owned by the Town for a period of more than
one year shall be approved by ordinance.
NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO,as follows:
1.The Lease for the Dannels Fire Station and the fire training area between the
Town and the Estes Valley Fire Protection District,a copy of which is
attached hereto and incorporated herein by this reference,is hereby
approved.The officials of the Town of Estes Park are hereby authorized to
execute the Lease.
WHEREAS,it is necessary to have the effective date of the Lease as January 1,
2010,and therefore the immediate passage of this Ordinance is necessary for the
preservation of the health,safety,and welfare of the citizens of the Town,and therefore
this Ordinance shall take effect and be in force immediately after its passage,adoption,
and signature of the Mayor or the Mayor Pro Tem.
INTRODUCED,READ,AND PASSED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK on this ‘R day of c-t&,2009.
,TOWN OF ESTES PARK,COLORADO
•,%o•
aN (j dCc
Mayor
Co OVp %?JAflES1.;’
cc041,
Town Clerk
C C,
I hereby certify that the above ordinance was introduced and read at a meeting of the
Board of Trustees on the day of
______________________
2009,and
published in a newspaper of general publication in the Town of Estes Park,Colorado on
the 11’day of Oc.cap.sa 2009.
0 0
LEASE AGREEMENT ‘‘U
THIS LEASE AGREEMENT is effective the I”day ofJanuan-.2010,between the
TO\VN OF ESTES PARK,COLORADO (the “Town”)and the ESTES VALLEY FIRE
PROTECTION DISTRICT (the “District”).
1.LEASE OF PREMISES.
The Town does hereby lease to the District,the Dannels Fire Station and the Estes Park
Fire Training Area located in the Town of Esres Park,Colorado (the “premises”)more fully
described as follows:
See Exhibit A
2.USE
The District shall,during the term of this Lease including any renewal or extension
thereof,occupy and maintain the premises as a fire station and fire training area.The District
shall not construct any additional structures on the premises without the specific written
permission of die Town.
3.DISTRICT RESPONSIBILITIES
The District covenants and agrees as follows:
a.To maintain and repair the premises and keep same in good order and repair and
at the expiration of this Lease,to surrender said premises in as good order and
condition as of the effective date of this Lease,less ordinary wear and tear.
Maintenance and repair includes,but is not limited to,the interior and exterior of
the structure,the irrigation system and landscaping,the roof,and the parking lot.
b.To keep the premises clean,free of debris,and orderly and to obey all ordinances,
regulations and statutes of the Town,Lanmer County,the State of Colorado,and
the United States.
c.To be responsible for and pay for the remedying of any and all damage done to
the premises of whatsoever nature.In die event the premises are not left in a
clean and orderly condition or damage has occurred,the expense of cleaning
and/or repair or damage shall be that of the District.
0 0
d.‘To use the premises only for a fire station,District office,and fire training area.
There shall be no commercial activity on the premises that is not accessory to the
above uses.
e.Not to alter the premises in any manner except with the Town’s written consent.
Any improvements to the premises shall remain with the property as permanent
additions upon termination of this Lease.
f.To maintain and repair all mechanical and electrical systems on the premises.
g.To allow the Town to have free access to said premises at all reasonable times for
the purpose of examining and inspecting the condition of the same or exercising
any right reserved to the Town on the terms and conditions of this Lease.
h.To be responsible for payment of all utilities for the premises.
4.TERM
The term of this lease shall be for a ten (10)year period commencing on the first day of
January 2010 and ending on the 31st day of December 2020.The District shall have the option
to extend this lease for two (2)additional five (5)year periods.The District shall give the Town
written notice of its intent to extend this lease at lease six (6)months prior to the end of the base
term,or any extended term,such notice to be in writing and delivered to the Town at the
address specified in Paragraph 11 hereof In the event that this lease is extended for an
additional period,all terms and conditions of this lease shall remain in force and effect.
5.RENT
There shall be no rent payable for leasing of the premises.
6.INSURANCE
a.The District shall provide the Town with certificates of liability insurance for
comprehensive general liability and comprehensive automobile liability insurance
in an amount of no less than One Hundred Fifty Thousand Dollars ($150,000)
per person,and Six Hundred Thousand Dollars ($600,000)per occurrence,and
Fifty Thousand Dollars ($50,000)property damage,naming the Town as
additional insured on the policy or policies.The District may satisfy this
requirement by obtaining appropriate endorsement to any umbrella policy or
liability insurance the District may maintain.The District may provide for the
insurance set forth partially or wholly by means of a self insurance pool.
0 0
b.The District shall provide the Town with a certificate of property insurance in an
amount no less than the full replacement value of the fire station building
including all fixtures on the premises.The Town shall be named as an Additional
Insured on the policy.The District may provide for the insurance set forth
partially or wholly by means of a self insurance pool.
c.In the event that the liability limits of the Colorado Governmental Immunit Act
are increased over the current limits of One l-lundred Fifty Thousand Dollars
($150,000)per person,and Six Hundred Thousand Dollars ($600,000)per
occurrence,the District shall be obligated to increase its general and automobile
liability insurance in an amount equal to or greater than the limits of the Colorado
Governmental Immunity Act.
7.GOVERNMENTAL IMMUNITY
The parties understand and agree that the parties are relying on,and do not waive or intend to
waive,by any provision of this Lease,the monetary limitations (presently SI 50,000 per person
and 5600,000 per occurrence)or any rights,immunities and protections provided by the
Colorado Governmental Immunity Act,Section 24-10-101,et se9.C.R.S.,as from time to time
amended or otherwise available to die parties or any of their officers,agents or employees.
8.INDEMNITY
To the extent lawfully allowed,the District agrees to indemnify,protect and save
harmless the Town from any and all claims,demands and liabtht-v for any loss,damage or injury,
including death,or other like or different casualh’to persons and property used by and growing
out of,or happening in connection with the District’s use and occupancy of de premises,and
any equipment located or to be located thereon,due to the negligence of the District,its agents,
senatits,or employees.Said indemnification shall include all reasonable attorney’s fees and court
costs incurred by the Town for the defense of all claims,damages,and liabffiues that are subject
to the District’s indemnification obligation.
9.CONDITION OF SITE
During the term of this lease and any Renewal Term,the District shall be responsible for
any and all damages to the premises caused by or attributed to any actions by the District or its
users.
10.TERMINATION
Upon termination of this lease,the District shall be entitled to remove all of its personal
property without damaging the Town’s underlying property and/or structure.
3
0 0
11.NOTICES
All notices required or permitted hereunder shall be in writing and shall be deemed given
if personally delivered or mailed,certified or registered mail,return receipt requested,or sent by
overnight carrier to the following addresses:
If to the Town,to:
Town of Estes Park
Attn:Town Administrator
PC Box 1200
Estes Park,CO 80517
If to the District,to:
Estes Valley Fire Protection District
Atm:Board President
Estes Park,CO 80517
Or if a more current address,or name,has been given to the other parry in writing,to
such other address,or name.
12.WAIVER
Failure or delay on the pan of the Town to exercise any tight,power or privilege
hereunder shall not operate as a waiver thereof.
13.DEFAULT
If either pam’is in default of any of its obligations hereunder and such default shall
continue for a period of more than thirty (30)days after written notice thereof,either party may
terminate this Lease Agreement for said default.
14.ASSIGNMENT
The District shall not assign its rights under this Lease Agreement or any interest herein,
or sublet the whole or any portion of the leased area,without the prior written consent of the
Town.
4
C C
15.ENTIRE AGREEMENT
The Lease Agreement consdwtes the endre agreement of the pardes hereto with respect
to die subject matter hereof and supersedes all prior offers,negodadons,and agreements,
whether written or oral,between the pardes hereto with respect to the subject matter hereof.
16.MISCELLANEOUS PROVISIONS
a.The District agrees that it shall not,by any act or omission,cause a default in any
of the terms or condidons of the Special Use Permit between the United States
Department of die Interior and the Town effecdveJuly 15,1995 which would
result in the revocafion of the Special Use Permit.In the event that the Special
Use Permit is revoked,this Lease shall automatically terminate and the Town shall
have no liabilin-to the District for the termination of the Special Use Permit.In
said event,the District agrees to cooperate with the Town to allow possession of
the premises by the United States.
b.The Town shall be entitled to access the Dannels Fire Station for use by the
Town of its Redundant Emergency Dispatch Center located in the station.The
District shall provide the Town with means of access to the station for use of the
Center.
TOWN:
TOWN OF ESTI3S R\IUK
(icá
By:Mayor
Tc Clerk,
5
0
STATE 01-COLORADO
COUNTY OF LUUMER
)ss.
)
0
The foregoing instrument was acknowledged before me this 8th’day of
2009,bvE1-Pin1thamMai’et of the Town of Estes Park.
‘,Ur&Lj.e.-ntcç ravi
WITNESS my hand and official seal.
m
)
)ss.
)
STATE OF COLORADO
COUNTY OF L\RIMER
The foregoing instrument was
2009,by tLJtALA
DISTRICT:
ESTES VALLEY FIRE PROThCFION
DISTRICT -
By:Board President
acknowledged before me this
_______
day of
WITNESS my hand and official seal.
My commission expires:
N ‘in-Public
My commission expires:I Icit 2o LI
NotarJPublic
Board President of the Esres Valley Fire Protecflon Disthct.
6
0 0
EXHIBIT A
DANNELS FIRE STATION
LEGAL DESCRIPTION:
An casement for the USC of the Town of Estes Park,said easement located in the E 1/z of the W
½of Section 30,TSN,R72W of the 6th P.M.,Larimer County,Colorado king North of the
northerly right-of-way line of U.S.Highway No.36 and being more particularly described as
follows:
COMMENCING at the Northeast corner of said Section 30;thence South along the East line
of said Section 30,2647.66 feet to the E ½corner of the aforementioned Section 30;
thence N 63°35’40”W 3427.54 feet to the Northeast corner of said easement and die TRUE
POINT OF BEG INNING;
thence S 14°52’OO”W 295.00 feet to the northerly tight-of-way of said U.S.Highway 36;
thence along said northerly tight-of-way N 81°38’06”\V 185.00 feet;
thence leaving said right-of-way N 18°09’OO’W 139.83 feet;
thence N 14°52’OO”E 198.70 feet;
thence S 75°08’OO”E 260.00 feet to the 1RUE POINT OF BEGINNING,said easement
containing 1.739 acres more or less.
ESTES PARK FIRE TRAINING AREA
That portion of the Northeast corner of Lot 2,Elm Road Second Addition,to the Town of
Estes Park,Larimer County,State of Colorado,Used and occupied by the Estes Park Volunteer
Fire Department for training activities including non-exclusive use of the current access across
the northern portion of Lot 2.
7