HomeMy WebLinkAboutresolution.council.036-14 RESOLUTION #36
(Series of 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ACADEMY SPORTS TURF AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
Wagner Park Field Renovation, between the City of Aspen and Academy Sports
Turf, a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for Wagner Park Field Renovation, between the City of Aspen and Academy
Sports Turf, a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager to execute said agreement on behalf of the City
of Aspen.
INTRODUCED, READ AND ADOPTED by the--C�*ty Council of the City of
Aspen on the 24th day of March 2014.
St ven Skadron, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, March 24, 2014.
Kathry '` . Koch, City Clerk
The City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009
PROFESSIONAL SERVICES
City of Aspen Project No.: 2014-025.
AGREEMENT made as of 24h day of March, in the year 2014.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Parks Department
130 South Galena Street Total: $477,852.00
Aspen,Colorado 81611
Phone: (970)920-5055
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
Academy orts Turf until it has been approved by the City
y p
c%Todd Smith Council of the City of Aspen.
3740 South Jason Street City Council Approval:
Englewood,Colorado 80110
Phone: 303-789-3172 Date: March 24, 2014
Resolution No.:# (n 4Yi t /
For the Following Project:
Wagner Park Field Renovation
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit 13: Fee Schedule.
Agreement Professional Services Page 0
The City and Professional agree as set forth below.
1. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
September 4, 2014_. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having
jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely,the City shall review the
matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assij4natifily. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract.The City shall not be obligated to pay or be liable for payment of any sums
due which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall_determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement shall
become the property of the City. Notwithstanding the above, Professional shall not be relieved of
any liability to the City for damages sustained by the City by virtue of any breach of this
Agreement Professional Services Page 1
Agreement by the Professional, and the City may withhold any payments to the Professional for the
purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers'compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and shall
assume full responsibility for payment of all federal, state and local taxes or contributions imposed
or required under unemployment insurance, social security and income tax law, with respect to
Professional and/or Professional's employees engaged in the performance of the services agreed to
herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever,which arise out of or are in any manner connected with this contract, if such injury, loss,
or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by,the act,
omission, error, professional error, mistake, negligence, or other fault of the Professional, any
subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor of
the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense
for and defend against, any such liability, claims or demands at the sole expense of the Professional,
or at the option of the City, agrees to pay the City or reimburse the City for the defense costs
incurred by the City in connection with, any such liability, claims, or demands. If it is determined by
the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused
in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the
City shall reimburse the Professional for the portion of the judgment attributable to such act,
omission,or other fault of the City, its officers,or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional
Agreement Professional Services Page 2
shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant
to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Workers'Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE
MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
Agreement Professional Services Page 3
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The
certificate shall identify this contract and shall provide that the coverages afforded under the
policies shall not be canceled,_terminated or materially changed until at least thirty (30) days
prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
Agreement Professional Services Page 4
12. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or
indulgence.
15. Execution of Agreement b�. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence)to execute the same.
16. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
Agreement Professional Services Page 5
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment_in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails
to confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
Agreement Professional Services Page 6
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an
illegal alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
Agreement Professional Services Page 7
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
Agreement Professional Services Page 8
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials,this Agreement in three copies each of which shall be deemed an original on the
date first written above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
[Signature] [Signature]
BY: Mf:� tr1 t�(i j ( By: �, "t �r i i r_ Y
[Name] [Name]
Title: �' �/� .(,Z Title: Gf-o
Date: 74 7'� Date: / t,4,cc i* l y 2A� Y
Approved as to form:
✓Cty Att orney's Office
Agreement Professional Services Page 9
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Scope of Work will include:
• Professional Engineering Services including civil design for:
• Field drainage pipe infrastructure within Wagner Park;
• Field drainage pipe connections to greater City of Aspen storm water
infrastructure;
• Drainage Report identifying impacts and compatibility of field drainage to greater
City of Aspen storm water infrastructure. The Drainage Report shall comply with
the requirements of the City of Aspen's URMP (urban runoff management plan).
Impervious area is not increasing.
• Field grading design to tie into existing perimeter site grades of park without
disturbance to existing pedestrian walks or trees;
• Athletic Playing Field Renovation including:
• Coordinate and pay necessary City project review and use fees with City of Aspen
Community Development and Engineering Department project requirements;
• Establishment of a Construction Management Plan in coordination with City staff
to allow efficient construction in downtown Aspen while minimizing impacts to
adjacent pedestrian and vehicular traffic patterns;
• Removal and disposal of existing turfgrass thatch;
• Improve field grades for a more consistent playing surface without completely
destroying existing turfgrass root profile;
• Import and place sandy-loam topsoil for enhancement of field playing surface and
long term plant heath of turfgrass;
• Fine grade field surface as necessary to achieve improved field playing surface;
• Overseed graded field area as necessary to achieve consistent turfgrass coverage;
• Improve the porosity, percolation, and drainage within the root zone to allow
excess water movement through the root zone and eliminate pooling surface water
to limit compaction and minimize necessary turf recovery time associated with
special event use on the playing field surface.
• Installation of playing field drainage pipe infrastructure;
• Installation of playing field special event power conduit infrastructure including:
o Electrical conduit and special event `plug-in' components within Wagner Park as
identified on provided electrical drawings;
o Proposed upgraded electrical transformer at southeast corner of Wagner Park as
identified on provided electrical drawings;
o Construction of small building intended to house special event power components
is currently NIC (not in contract).
• Removal of existing field irrigation system as necessary;
• Reuse of existing Maxicom irrigation controller;
• Relocation of existing Maxicom irrigation controller from northeast corner of the
park to the southeast corner of the field;
• Installation of valve-in-head field irrigation system;
• Establishment Plan to ensure consistent turfgrass coverage at Wagner Park sufficient to
support public special event use by June 8, 2015.
Agreement Professional Services Page 10
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City of Aspen !March 3, 201
130 S Galena Si
Aspen, CO 81611
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L Meetings with City of Aspen Engineering to confirno design requirements,
2. Use the City's drainage criteria A URIViP to calculate historic and developed flosws for the site.
3. Prepare a drainage letter with results and findings and submit to the City.
�!. Prepare a final drainage plan showing details of on-site drainage infrastructure and connection
to City main.
S. Prepare calculations for Quil<DRAIN System piping and flows.
6. Prepare technical specifications and construction notes for site improvements.
7. Site visits during drainage installation to assist with construction issues and conformance with
design.
8. Prepare a grading design to tie into existing perimeter areas without disturbance of those areas.
9. Prepare the State of Colorado SWMP and the City Construction Management Plan.
Athletic Piaying Field 6lenovat
1. Coordinate and pay project review and use fees per cost proposal sheet.
2. Implementation of the State SWMP and City Construction Management Plan—this assumed the
City plan is 95%the same as the State SWMP requirements. We can talk through the details
when you wish.
3. Fraise rnow and haul spoils to fee-free location cieterryflned by City within a 30 minute haul.
/. Import and install approximately 278 cubic yards of soil and laser grade to improve existing low-
spots on field of play without destroying existing turfgrass root profile.
5. Install QuikDRAIN system to improve(see attached brochure with descriptions)
6. Haul drain spoils to a fee-free location determined by City within a 30 minute haul.
7. Install new valve-in-head irrigation system including moving the Maxicom controller per the
Preliminary Irrigation drawings provided in Addendum#1.
8. Install perimeter electrical conduits, pull boxes, and stainless in-grade boxes with 'plug-in'
components(no wire, panels,above-ground fixtures, panel, or building) per the 4-page BOER
drawings dated 11-27-13. It appears the new transformer should be by the City and not the
contractor.
9. Perform GreenWAY system to improve (see attached brochure with descriptions)
10. Provide Establishment Plan to Owner to ensure consistent turfgrass coverage.
11. No taxes other than specified on the Fee Proposal Form
Cost information is provided on the City's cost proposal form enclosed.
i nc.}Ir nrrcxx:(,{ c�it?r<.icic?F,0. 1(� (�i it>rr ;; 3(1 7f><,> ;.10 F(1:': ')0';.7b?,t 90
SEIVERAL DESCRIPTION DE THE QW1KDRAIN' SYSTEM
The ClwiRDRAIK1—System provides drainage Drainage Schematic Showing Matrix
so intense that surplus water bypasses the
soil-The intense matrix of sand-filled trenches
literally pulls water er off the surface and moves
it directly into the root zone where excess
water is pulled through the sand slits into
the piped subdrains and eventually into the
.xa- les,.rs
storm drainage system.
A.The QwikDRAIN"'Sysrem:s a vertical bypass
drainage system comprised of a matrix of closely =rah, Rev"Wriarnlzing 50,01-r-5 Turf jup i mane
spaced.interconnected narrow slot drainage ��
trenches.Two types of drainage trenches are "
used in the matron sub-drains and top-drains.
B.Top-drains are trenches 1.75 inches wide by
eight 181 Inches deep on 20-centers,filled ■„��...,
entirely with a medium-coarse washed sand. 7°�4 w•*'t -
C. Sub-drains are trenches 3 inches wide by>12 inches
deep with 2"narrow slotted pipes at the bottom of s,
1 the trench and filled with mecium-coarse washecl
sand.
D. The GwiI:DRAIN"System consists of a matrix of top-
drains on 20"centers crossed at approximately 60-90
degree angles to the sub-drains at jE centers)cen-
ters may vary depending on drainage requirements)
terminating at the main collector)perimeter)drain.
Spacing Of the sub-drains can be modified to accom-
modate any drainage requirement.
E. All equipment utilized to install the system is equipped
with turf-type flotation tires to minimize rutting and
Compaction of existing surfaces. All trenching equip-
ment is capable of trenching and removing the spoils
simultaneously to ensure minimal contamination of
the drainage system.
Cutaway section of TopDrsain Matrix F The CrwikDRAIN"'System is installed only by
pre-qualified contractors.
Certified Contractor or Agent ":'• "
FOR FURTHER INFORMATION:
Email inro0greenoneindustnes.com -
Web:W gwllcoralnsystetns.Com A pnWilliwil:dW
Phone:303-795-9631;
Toll Free:1.388.567-6872
Fax:303-795.9443 W
2667 Bitterroot Place
Highlands Ranch,CO 80129
OM4 DRAIN'is a trademark of GroenONE'Ind
;
QW kDRAIN" FOR 60LF
7HEN PL9VARILITY AND SAFETY COUNT DELMERING EFFICIENCY IMTH STATE OF THE ART
The concept was developed over 20 TECHNOLO"
years ago Today this type of drain
system is used throughout the world.
Until recently,it was only installed by Benefits
proprietary equipment and patented .a•- Promotes rapid surface drainage
processes making the system some-
what limited in it's use in the U.S. ":" { Improved safety
Today OwikDRAIN•'is helping make Increased utilization of facilities
high performance turf drainage 1 r ^' �� r --j Increased revenues
more cost effective by employing
stare of-[hear[technology that — r "l` Improved irrigation system efficiency
ensures the cleanest,most effective - [iqg,° Ability to leach salts
drainage system in the world. Drier top layer that resist compaction
Y HE ANSWER Improved growing conditions
TO SUSTAINABILITY Permit flatter playing surfaces
-F%ATURAL TURF Owl:installation time
rZapid field drainage is critical.Slow
• Minimal surface disruption
or inadequate drainage leads to • Resume play almost immediately
cancelled names,poor playing condi- - New construction or retrofit
[ions.and ultimately is the leading
cause of athletic field failure.Today,[he OvvikDRAIN System is the most cost effective solution to the sustarnabllity of
Athletic Fields under the most demanding conditions at a fraction the cost of other Field Systems. The process of instal-
lation delivers long lasting system integrityyou can specify with confidence. Installs in nays.heals in weeks and lasts for
years.Accept no substitutes. FAIRWAY APPUCAnON
r:
TOLERANCE GREATILY ENHANCES THE VVEAR
OTURF ATLETIC FIELDS
F NATURAL COST EFFECTIVE, HIGH _
EFFICIENCY DRAINAGE
i MADE AFFORDABLE
D
LAST STEP TOPORAIN INSTALLATION
EXCELLENT OPTION
FOR RECLAIMED
DAY I
4'Fr?ST STEP-SUPZRAIN INSTALLATION& WATER FACILITIES
wEnlai�arion�
V
REVOLUTIONIZING SPORTS TURF
may,• t�'�'yl � �,.� ���a.
• .1 �;�:�`�y� SY;,x1p.�+cJy}.%,mow �� d�k�
E s t G iep—nGNE;�d.�wt.d..
SYSTEM PROCESS
1, Froise 1'of thotch with Field Top Molrer
TURF RENOVATIONS MADE SIMPLE machine
2. Topdress I'of coarse to medium grade 1
GJverutilization and poorly built sports sand(or a sand/organic blend)
turf fields continue to be o major 3. Deep Tine/Fracture aerate with d
area of concern and an expensive A rlvator •+' "1'"
problem fa overcome across the entire 4. Recycle-Dress
country.GreenONE brings cutting r
5. Korn drag
edge technology to the turf industry
tihat is unparalleled and changes b. Overseed .k
the perception that renovation is
inconvenient and costly. SYSTEM BENEFITS
The Greer-WAY System is a six step
renovation process that will change the
soil structure In a matter of days without Completely level the o
extended loss of play. The performance Drastically relieve sal!compaction
of our advanced equipment will create Restore the soil profile to rivot that of o
significant changes in the soil profile such newly constructed field
Gs Increased porosity and percolation Increase porosity,percolation and
and the turf is kept intact throughout the drainage of field
entire process.The GreenWAY System will Salvage and enhance original turf
orovicie five ysors worth of topdressing Five years'worth of topdressing and
zind Caroling in as few as 3 days, aerating provided in a matter of days
A
•c
SYSTEM FEATURES
.ix Step Svsfem
System is ideal for sports turf and golf
course applications
Minimized loss of field use
Provide the turf manager the ability
to better tolerate field wear and grow
healthy turf on a safe and playable
surface
Green WAY Is half the cost of
traditional turf renovation methods
1
Week Of 3-Mar 10-Mar 17-Mar 31-Mar 7-Apr 14-Apr 21-Apr 28-Apr 7-Jul 14-Jul 21-Jul 28-Jul 4-Aug 11-Aug 18-Aug 25-Aug
Item
IRFQStep I Due 3rd
Interviews(if any) X
Award Contract X
!City Council Approval of Contract X
'Begin Civil Design&Meet w/City Engrg X
Submit to City Engineering X
City Engineering Review X X
Design Revisions(if any)&final Submittal X
!Begin Permit Process X
!Implement Construction Mgmt Plan
'Fraise mow entire sod area
Import soil,fill low areas, and laser grade
iQuikDRAIN collector pipes to 30"min.
Install irrigation piping to 18" &24"depth
;,Install electical conduits to 24"deep
(;Install Quicl<DRAIN laterals to 12"deep
GreenWAY 1"topdress&fracturing
GreenWAY recycling,drag, &overseed
"Provide Establishment Plan to Owner
Clean-up and Demobilization
draft simplifieri schedule 3-3-14
.e�+[1i.rr+L1�J.1
SrVar;+VRr
Exhibit B
ENGINEERING / CONSTR UCTION SER VICES
FEE PROPOSAL FORM
Wagner Park Field Renovation Project
City Project Number: 2014-025
The,follotiving bid labulation is for engineering/construction services associated ivith the
ifhagner Park Field Renovation Project as outlined in the RFP.
The Offeror shall complete the following fee proposal form:
Item Estimated Unit Estimated
No. Description and Price Quantity Price Cost
L-1 Mobilization at a lump 1 LS $ 'Z3 ASO $ 2-3 5
sum price
L-2 Professional Engineering
Services including civil
design at a lump 1 LS $ 2 $ )b, 612
sum price:
t
• Field drainage pipe infrastructure within Wagner Park;
• Field drainage pipe connections to greater City of Aspen storm water
infrastructure;
• Drainage Report identifying impacts and compatibility of field drainage to
greater City of Aspen storm water infrastructure. The Drainage Report
shall comply with the requirements of the City of Aspen's URMP (urban
runoff management plan). Impervious area is not increasing.
• Field grading design to tie into existing perimeter site grades of park
without disturbance to existing pedestrian walks or trees;
• Construction Observation
L-3 Athletic Playing Field
Renovation at a lump
sum price including: 1 LS $ f $
• Coordinate and pay necessary City project review and use fees with City
of Aspen Community Development and Engineering Department project
requirements;
• Establishment of a Construction Management Plan in coordination with
City staff to allow efficient construction in downtown Aspen while
minimizing impacts to adjacent pedestrian and vehicular traffic patterns;
• Removal and disposal of existing turfgrass thatch;
• Improve field grades for a more consistent playing surface without
completely destroying existing turfgrass root profile;
• Import and place sandy-loam topsoil for enhancement of field playing
surface and long term plant heath of turfgrass;
2
I
o Fine grade field surface as necessary to achieve improved field playing
surface;
o Overseed graded field area as necessary to achieve consistent turfgrass
coverage;
o Improve the porosity, percolation, and drainage within the root zone to
allow excess water movement through the root zone and eliminate pooling
surface water to limit compaction and minimize necessary turf recovery
time associated with special event use on the playing field surface.
L-4 Installation of playing field
drainage pipe infrastructure
at a lump sum price 1 LS $ IISGIO
L-5 Installation of playing field
special event power conduit
infrastructure at a lump sum
price including: 1 LS $ 4`) , $
• Electrical conduit and special event `plug-in' components within Wagner
Park as identified on provided electrical drawings;
• Proposed upgraded electrical transformer at southeast corner of Wagner
Park as identified on provided electrical drawings;
L-6 Removal of existing field
irrigation system as necessary
at a lump sum price: I LS $ 2,0M $ 2.1 E t
o Reuse of existing Maxicom irrigation controller;
o Relocation of existing Maxicom irrigation controller from northeast corner
of the park to the southeast corner of the field;
L-7 Installation of valve-in-head
field irrigation system at a
lump sum price 1 LS $ $
L-8 Construction Coordination 1 LS $x_2.40 $
w/City Staff for permitting
and Construction Management
Plan at the lump sum price
L-9 Permit Fees and Use Tax 1 Allow $11,800.00 $11,800.00
L-10 Construction Overhead 1 LS $ )_y, AQ)o $ 29
at the lump sum
price
Total work scope fee Schedule:
In Figures: 4 1(, (3162. i
In Words: wJR NNNNA) 52VE NIY'" _ 1J _z Dollars and ZLPD Cents
2
r�
DRAFT 1 <�
LEASE AGREEMENT
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES
SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
THIS LEASE AGREEMENT (hereinafter "Lease") is made and entered into this day
of _May_, by and between MT Hightower LLC, (hereinafter "Landlord") whose address is
0898 Highway 133, Carbondale, CO 81623 and_City,open whose address is_130 S.
Galena Street, Aspen, CO 81611 (hereinafter"Tenant").
WITNESSETH
1. LEASED PREMISES. Inconsideration of the mutual covenants and agreements set forth
herein, Landlord does hereby lease to Tenant and Tenant does hereby lease from the Landlord, the
property known as SW corner unit containing 1,900 square feet more or less, located at _2185 S
10th Street, Rifle, CO 81650_under the following terms and conditions.
2. INITIAL TERM. The initial term of this Lease shall be for a period of gpproximatel y twelve
(12)months,to commence on_May 21, 2014 , and to end on May 31, 2015.
3. RENEWAL OPTION: Lessee, at Lessee's option, may renew this lease for two (2) additional
terms of up to one (1)year each subject to annual increases in the base rent in an amount equal to
three(3)percent of the Gross Rent for the preceding year. In order to exercise the option to renew,
the Lessee must give written notice of Lessee's intent to exercise to the Lessor, which notice must
be received by Lessor at least ninety (90)days prior to expiration of the current term of this lease.
3. GROSS RENT. Tenant shall pay to the Landlord, as rent for the Leased premises, payable to
MT Hightower LLC, in advance without demand and without deduction,the total sum
Nineteen Thousand Seven Hundred Seventy Eight Dollars and Sixty Three Cents ($19,778.63) in
equal monthly installments in the amount of One Thousand Six Hundred Dollars ($_1,600.00 )
commencing on July 1, 2014. Upon Lease execution, Tenant shall make payment to Landlord of the
partial month and first full month rent for the period of May 21, 2014 through June 30, 2014 in the
amount of Two Thousand One Hundred Seventy Eight Dollars and Sixty Three Cents ($ 2,178.63)
and the last month's rent in the amount of One Thousand Six Hundred Dollars($1,600.00), plus a
Security Deposit as referenced in Item 6 below. In addition to Tenant's rent, Tenant shall also pay
for its' use of water, sewer,trash, gas, and electric for the Leased Premises.
4. ADDITIONAL RENT.
A. If said monthly payments are not paid on or before the 10th day of each month, Tenant
shall pay a late charge of 5% of the monthly payment in addition to the monthly
payment provided herein.
Landlord/ 4' Tenant rV
B. In the event all or part of the combined rent as described in Paragraph 1 of this Article IV
is delinquent beyond the 30th day of the month in which it is due,the delinquent amount
(plus the related late payment additional rent) shall bear interest at the rate of one and
one-half percent(1.5%)per month.
C. If Tenant's check is returned due to insufficient funds,Tenant will be charged a$50.00
returned check fee. In addition,if the returned check causes the rent to be paid after the
tenth(10th)day of the month,Tenant will also be charged a late fee in accordance with
Paragraph A above.
D. If Tenant's delinquency in rent payment requires issuance of a Three Day Notice to Quit,
Tenant shall be charged$50 per issuance.
Landlord need not give any notice to be entitled to these payments, and such additional rents shall
in no way be construed to limit Landlord's remedies in the event of such default, which remedies
shall in all cases hereunder be deemed to be cumulative.
5. TENANT DEFAULT CONSEQUENCES. In the event Tenant defaults on any of his
obligations under the Lease, including the failure to pay rent when due, Tenant agrees to pay any
and all costs of collection, including any court costs and reasonable attorney's fees.
6. SECURITY DEPOSIT. Upon Tenant's signing of this Lease, Tenant shall deliver to Landlord
the Security Deposit in the amount of One Thousand Six Hundred Dollars ($1,600.00),to be
held by Landlord without interest as security for the performance by Tenant of Tenant's covenants
and obligations under this Lease, it being expressly understood that such deposit is not an advance
payment of rental or a measure of Landlord's damages in case of default by Tenant. If any time
during the term of this Lease any of the rental herein reserved shall be overdue and unpaid, or any
other sum payable by Tenant to Landlord hereunder shall be overdue and unpaid,then Landlord
may at the option of Landlord(but Landlord shall not be required to) appropriate and,apply any
portion of the Security Deposit to the payment of any such overdue rental or other sum. In the
event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this
Lease to be kept and performed by Tenant, then Landlord at its option may appropriate and apply
the Security Deposit, or so much thereof as may be necessary, to compensate Landlord for loss or
damage sustained or suffered by Landlord due to such breach on the part of Tenant. Should the
Security Deposit or any portion thereof be appropriated and applied by Landlord for the payment of
overdue rental or other sums due and payable to Landlord by Tenant hereunder, or for a breach on
the part of Tenant,the Tenant shall,within five days after the written demand of Landlord,
forthwith remit to Landlord a sufficient amount in cash to restore the Security Deposit to the
original sum deposited. Landlord shall have the right to commingle the Security Deposit with other
funds of Landlord. Subject to Tenant compliance with all of the terms, conditions and covenants of
this Lease and the prompt payment of all amounts due, and all other sums payable by Tenant to
Landlord hereunder,the Security Deposit shall be returned to tenant in full within thirty(30) days
after the expiration or termination of this Lease.
7. TENANT'S USE AND CARE OF LEASED PREMISES
2
A. Tenant shall utilize the Leased Premises for the purpose of cleaning and storage of
floor coverings and related equipment, and for no other use without Landlord's prior
written consent. Landlord expressly reserves the right to withhold its consent to any
change of use or purpose in its sole and unrestricted discretion.
B. Tenant will not use, occupy, or permit the Leased Premises or any part thereof to be
used or occupied for any unlawful or illegal business, use, or purposes deemed by the
Landlord to be disreputable, or hazardous, nor in such manner as to constitute a
nuisance of any kind, nor for any purpose or in any way in violation of any present or
future laws, rules, requirements, orders, directions, ordinances or regulations of the
United States of America, State of Colorado, County of Garfield, City of Rifle, or
other municipal, governmental, or lawful authority whatsoever. Tenant shall not
perform any act or carry on any practices which may injure the Building of which the
Leased Premises form a part or disturb or be a nuisance to or endanger other tenants or
customers of the Building. Tenant shall not cause or permit any noxious or offensive
odors or sounds to exist in or around the Leased Premises.
C. Tenant shall not do or permit anything to be done in or about the Leased Premises or
bring or keep anything therein which will in any way increase the rate of fire insurance
upon the Building wherein the Leased Premises are situated. Tenant shall, at its sole
cost and expense, comply with any and all requirements of any insurance company
necessary for the maintenance of reasonable fire and public liability insurance
covering the Building and/or the Leased Premises. Tenant shall promptly comply with
all laws, rules, ordinances, orders, directions, regulations and requirements of federal,
state, county and municipal authorities, now in force or which may hereafter be in
force, which shall impose any duty upon Landlord or Tenant with respect to the use,
occupation, cleanliness, safety or alteration of the Leased Premises, including the
installation of such additional facilities as may be required for the conduct and
continuance of Tenant's business on the Leased Premises, all at Tenant's sole cost and
expense. No fire, auction, going out of business or bankruptcy sales may be conducted
on the Leased Premises without Landlord's prior written consent.
D. Tenant shall at all times and at its expense keep the Leased Premises and every aspect
thereof in a good, safe, clean and attractive condition, free from dirt, rubbish, snow, ice,
obstructions, and unsightly or hazardous conditions. Tenant shall not use any electrical
equipment, which, in the Landlord's reasonable opinion, will overload the wiring
installations or interfere with the reasonable use thereof by the Landlord. In addition,
Tenant will not assign this Lease nor sublet the Leased Premises nor any part thereof
without the prior written consent of the Landlord thereto and endorsed in writing and
signed by both parties.
8. SURRENDER. Tenant agrees to and shall, on expiration or sooner termination of this Lease or
any extended term hereof, promptly surrender and deliver the Leased premises to the Landlord
without demand thereof and in good condition, except for ordinary wear and tear.
Landlord shall have the right to show Tenant's office during the ninety (90) day period prior to
Term expiration or ten (10) days after notice to vacate is received, whichever occurs first. Tenant
. 3 A-
�
se
shall not remove any of its property from the except during Premises
Landlord's normal termination
working hours. In
without prior written approval of the Landlord, p
the event Landlord consents to Tenant's removal of personal lord property of
result hhereofanincluding but not
normal business hours, any expenses incurred by Land
ity,utilities, and the like, shall be paid by the Tenant.
limited to expenses for personnel, secur
in
9. NOTICES. Wherever any notice is required or permitted
sted herein below, or to Ssuclh other
writing, directed to the respective parties at their addresses u
address as Landlord or Tenant may hereafter specify by written notice to the other.
LANDLORD: 089f 133133
Carbondale CO 81623
TENANT: 130 S. Galena Street
Aspen CO 81611
10. REPAIRS,MAINTENANCE,ALTERATIONS AND IMPROVEMENTS
A. Landlord's Covenants. Landlord shall keep in good order, condition and repair, the
foundation, structure, sidewalks, parking lot, exterior walls and windows (except the
interior faces thereof and the interior of all windows and doors within the Leased
Premises), downspouts, gutters and roof of the Building. The Landlord shall also
maintain the building's mechanical systems including heating, air conditioning,
plumbing, and facilities outside the Leased Premises and outside other leasable
spaces in the Building. The Landlord haacts o not b be required to gmake employees,
occasioned by the negligence or willful
contractors, subtenants, licensees, invitees or customers, which repairs shall be made
by Tenant. Landlord shall make necessary t as repairs
to the need thereof.ble Land lord also
after receipt of written notice from Ten
agrees to maintain in a good and attractive condition the common stairways,
hallways and public restrooms in the Building, and the patio areas of the Building,
and to remove ice and snow there from as necessary. Provided, that if such
maintenance is necessitated by the negligence or willful act of Tenant (or another
Building tenant) or such tenant's emaint maintenance be performed tbyathe
licensees, invitees or customers, such
responsible tenant at its cost.
B. Tenant's Covenants. Throughout the entire term of this Lease, Tenant agrees to
keep and maintain the Leased Premises and each and every aspect thereof, including
without limitation non-structural elements, including interior walls, floors, ceilings,
utility systems and components, glass, windows, doors, fixtures, leasehold
improvements, equipment and other personalty, in a clean, safe and attractive
condition and in good working order and repair, at Tenant's sole cost and expense.
Tenant agrees that any repairs or replacements to or of properties of y i original
or upon the Leased Premises shall be at least equal i quality y to
4
Properties repaired or replaced. In the event Tenant fails or refuses to perform any of
such covenants within the 20 day period following written notice of the need
therefore from Landlord to Tenant, Tenant shall be in default under this Lease, and
Landlord shall have the right, but never the obligation, to accomplish such
maintenance or repair and to add the cost thereof as additional rent to the next
installment of fixed minimum rent which becomes due hereunder. Upon the
expiration or other termination of this Lease, Tenant shall deliver up the Leased
Premises to Landlord in good order and condition, wear and tear from the reasonable
use thereof excepted.
11. TENANT ALTERATIONS, IMPROVEMENTS OR ADDITIONS. Tenant shall not make
any alterations, improvements, and/or additions to the Leased Premises or the exterior of the
Building or the surrounding property without first obtaining Landlord's written consent to the plans,
specifications and working drawings therefore. Landlord's approval shall create no responsibility
or liability on the part of Landlord for the completeness or design sufficiency of such plans,
specifications or drawings or for the compliance thereof with all laws, rules and regulations of
governmental authorities. All approved changes shall be accomplished by Tenant in a good and
workmanlike manner, in compliance with all governmental requirements, and at Tenant's sole cost
and expense, and Tenant expressly agrees to keep Landlord's property free of mechanic's liens and
other claims in connection therewith.
12. LANDLORD NOT LIABLE FOR DAMAGES. Landlord shall not be liable to Tenant or
to any other person whatsoever for any damages arising from the breakage, leakage, overrunning,
obstruction, interruption, failure or discontinuance of all or any part of any utility or utility system
in or about the Leased Premises or the Building, or from water being upon or coming through the
roof or vents, due to causes other than the gross negligence or willful misconduct of Landlord, nor
for any damages arising from any acts or neglect of co-tenants or other occupants of the Building or
of adjacent property, or the public. As used herein, the term "damages"shall include lost profits.
13. ACCESS TO PREMISES. Landlord and its authorized representatives shall have the right
to enter upon the Leased Premises at all reasonable hours (and in emergencies, at all times) to
inspect the same, to make repairs, additions or alterations to the Leased Premises and/or the
adjoining premises or the Building, and for any other lawful purpose. Except in emergencies,
Landlord agrees to provide Tenant with reasonable notice whenever it deems it necessary to enter
upon the Leased Premises. For a period commencing ninety(90) days prior to the end of the Lease
term, Landlord may have reasonable access to the Leased Premises for the purpose of exhibiting the
same to prospective tenants and to post"For Lease"signs upon the Leased Premises.
14. ASSIGNMENT AND SUBLETTING. Tenant shall not assign or in any manner transfer
or encumber this Lease or any estate or interest therein, or sublet the Leased Premises or any part
thereof, or grant any license, concession or other right to occupy any portion of the Leased Premises
without the prior written consent of Landlord
15. DAMAGE OR DESTRUCTION. In case the Leased Premises shall be partially or totally
destroyed by fire or other casualty insured under the Landlord's fire and extended coverage risk
5 0J
insurance,the same shall be repaired as speedily as possible at the expense of Landlord, unless
Landlord shall elect not to rebuild as hereinafter provided.
A. If fifty percent or more of the Building shall be damaged or destroyed, or if the
third
Building is damaged or destroyed to the extent of
e es shall be
percent of the replacement cost thereof, or in the event the Leased Premises
partially or totally destroyed by a cause or casualty other
therm those any such recent,by
Landlord's fire and extended coverage risk
Landlord may, if it so elects, rebuild or put the Building o fit for
�damageltor may within
occupancy within a reasonable time after such destruction
60 days after such occurrence give Tenant l writing i
of the date of such occurrence. If Landlord elects to repair rebuild the Building,
ive Tenant notice of its intention
shall, within sixty (60) days after such occurrence, g
ess
to repair and then proceed with reasonable speed
ease shamake su hn fplirs. Unland
Landlord elects to terminate this Lease, this
effect, and rentals shall continue to be paid as provided in Paragraph 3 of this Lease.
B. Tenant agrees that during any period of reconstruction or repair of the Leased
Premises or the Building it will continue then operation�u Du ring s the business
period from the
Leased Premises to the extent reasonably p b
occurrence of the casualty until Landlord's as may be are completed, the fixed
fair and reasonable under
minimum rental shall be reduced to such extent y
the circumstances. However, there shall be no abatement of the other charges or be
additional rental provided for herein, and under no circumstances shall Tenant be ent t ed
entitled to compensation for lost profits. Finally, in no
to any rent abatement if the fire or other ant or Tenant's agents, olffocer carelessness,directors,
negligence or improper conduct of Ten Tenant's
employees, invitees, customers, licensees or subtenants. In such case,
liability for the payment of rent and the performance for all damage and loss lsuffered
shall continue and Tenant shall be liable to Landlord
by Landlord in connection therewith.
the
C. Landlord agrees that if the Leased Premises are so damaged by.a cause
or its agents,
carelessness, negligence or other improper conduct of the
endd
employees, invitees or customers as to be unusable to a usable conditiontwithin
purposes, and if the Leased Premises cannot be restored
sixty (60) days following the date the damage occurred, then Tenant shall have the
right to terminate the Lease by giving written notice to Landlord effective the date of
be
- the occurrence. If Landlord and Tenant cannot agree en they hall select indepe dent
accomplished within said sixty (60) day period,t e Y
local contractor to make the determination, which determination shall be binding on
hin ten (10) days
the parties. Tenant's notice of termination must Tenant or termination by
following the mutual determination by Landlord
ice
the independent contractor, as the case may waived it not ght to terminatetthe
of termination,then Tenant shall be deem ed to have
Lease under this provision.
6
16. SIGNAGE. Any sign or door lettering is to be designed, produced and installed by Tenant
(or Tenant's agent), at the sole expense of Tenant. All exterior signs and lettering must receive the
prior written consent of Landlord (or Landlord's agent).
17. GOVERNING LAW AND JURISDICTION. The laws of the State of Colorado shall
govern the interpretation, validity, performance and enforcement of this Lease. Tenant understands
and agrees that the Federal and State courts located in the State of Colorado shall have subject
matter jurisdiction to entertain any action brought to enforce this Lease and, by execution hereof,
voluntarily submits to the personal jurisdiction of such courts.
18. INSURANCE. Tenant shall carry, at its sole option and expense, any and all desired
insurance, insuring Tenant's interests in its' improvements, personal effects, and other property
owned, Leased, held, or possessed by Tenant and contained therein.
19. ENTIRE AGREEMENT. This agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, executors, administrators, legal representatives,
successors, and assigns when permitted by this agreement. This agreement shall be construed under
and in accordance with the laws of the State of Colorado. This agreement constitutes the sole and
only agreement of the parties thereto and supersedes any prior understanding or written or oral
agreements between the parties respecting the subject matter within it.
In Witness Whereof, the undersigned Landlord and Tenant hereto execute this agreement on the
date first above written.
Landlord: MT HIGHTOWER LLC
By:
Tenant: CITY OF ASPEN
By:
7