IGA; Boulder County Regional Training Centers; lease agreement; Exp 8/1/2034 Contract Tracking IGA> Thank You Page I of 2
CXOULDER
ORK Servw' c Excellencefor an Inspired
OFFICE OF THE
CONDITIONAL CITY ATTORNEY
GCT 3 2010
Document Routing Cover Sheet
Please print and attach to your document. Td'
You can view the status of your contract using the Contract Tracking Status Page.
Routing Number 20161031-2393
Originating Dept Fire
Routing Contact Person Loren Scott Fuller Phone Number 303.441.3356
Project Manager/ Contract Loren Scott FUller Email fullerl@boulciercolorado.gov
Administrator
Counter Parties Boulder County Regional Training Centers
Contract Title / Type Lease Agreement
Number
Description Lease agreement between the City of Boulder and the Boulder County Regional Training Centers.
Purpose Is to obtain CMO signature as the Lessor per the agreement then push it forward for
council approval. This agreement and use of the Regional Training center has been in existence
since 2010 but was never brought before council or submitted for the appropriate signatures.
Action Items
Date Note
(1)
(2)
(3)
Expiration Date 01/08/2034
Amount Expense Type OUTGOING y
• Dept. Head Signatur
NOTE; Originati Departmen Identify a check mark all areas document needs to be routed.
J
• Purchasing
• Budget U —4 -- -_.- .
• Sales Tax G+
VCAO
� ( /�
v City Manager
4.)
V• Central Records
A link to the electronic copy of the document(s)will arrive via e-mail to the e-mail addresses on the routing form
https://work.bouldercolorado.gov/ContraetTracking/servlet/Controller 10/31/2016
LEASE AGREEMENT
(Fire Training Center—6055 Reservoir Road)
THIS LEASE AGREEMENT ("Agreement") is made between the City of Boulder, a
Colorado municipal corporation, (the "City" or "Lessor"), and the Boulder County Regional
Training Centers, a Colorado nonprofit corporation (the "Center" or"Lessee").
RECITALS
A. In 2001, the voters of Boulder County, a body politic and corporate of the State of
Colorado ("Boulder County") enacted a temporary county-wide sales and use tax of
0.05%, to be effective from January 1, 2002 to and including December 31, 2004, to be
used to acquire land, construct capital facilities, and acquire capital equipment for fire
training centers for firefighting response agencies.
B. In accordance with Boulder County Resolution No. 2001-109, Boulder County created a
special fund known as the Boulder County Fire Training Center Capital Fund ("Fund"),
into which it has placed and is currently placing the net proceeds of the sales and use tax.
C. By April 2008, Boulder County released to the City the amount of $4,022,240.00 (plus
interest) which the City used to partially fund and construct the facilities as shown on
Exhibit A (hereafter referred to as "Facilities) pursuant to the Intergovernmental
Agreement Concerning the Release of Sales Tax Funds for Fire Training Center recorded
at Reception No. 2904011 in the records of the Boulder County Clerk and Recorder on
January 09, 2008 ("Fire Training Center IGA").
D. In November 2006, the City's voters approved a temporary City sales tax to increase
funding for the Center. In effect, from January through December 2007, the tax collected
was $3,708,713.
E. Upon the Completion of the Facilities, the City and Boulder County executed and
recorded a thirty (30) year restrictive covenant to ensure that the improvement
constructed with the Fund will be used and maintained for fire training purposes. See
Exhibit D.
F. The City, the County, and various fire departments and emergency units in the County of
Boulder desire to utilize the Fire Training Center site constructed at 6055 Reservoir
Road, Boulder, CO for fire training purposes.
G. The City desires to lease the Center site to the Center for management purposes.
H. The Center desires to lease the Center from the City to manage the Facilities and handle
the scheduling of fire training activities by the City, Boulder County and various fire
departments and emergency units.
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1743697.3
AGREEMENT
NOW, THEREFORE, in consideration of the recitals, promises and covenants herein set
forth and other good and valuable consideration herein receipted for, the parties agree as follows:
1. Lease. The City leases to the Center the approximately 7.5-acre portion of the regional
fire training center site generally located at 6055 Reservoir Road, Boulder, CO, and
more particularly shown on Exhibit A, incorporated by this reference ("Property"). The
site includes an Administration Building, a three-story Bum Building and a Training
Tower.
2. Access to the Property.
2.1 Ingress/Egress. The City extends unto the Center a license to use the access road
through the Boulder Reservoir property for ingress and egress as shown on
Exhibit B, incorporated by this reference, as the "Access Road" for the term of
this Agreement.
2.2 Emergency Access. The City extends unto the Center a license to use the
emergency access road for emergency access onto Colorado Highway
119/Diagonal Highway as shown on the attached Exhibit B as "Hwy 119 Egress"
for the term of this Agreement, subject to the Memorandum of Understanding
dated June 2011 between Colorado Department of Transportation, Region 4, and
the Boulder County Sheriff's Office, Boulder Office of Emergency Management
& Boulder County Regional Fire Training Center Board of Directors ("MOU")
and such other requirements that may be a condition of access by the Colorado
Department of Transportation (CDOT).
3. Term. This Agreement shall be for a term of twenty (20) years commencing on
1 . 20 ("Effective Date"), and shall end on �, 20 24J, unless
s onb�er terminated as hereinafter provided.
4. Improvements and Ownership.
4.1 Center's Right to Construct. The Center shall have the right to construct upon the
Property, such improvements approved by the City Manager that the City
Manager and the Center deem reasonably necessary for the operation of the
Facilities. The Center shall be responsible for securing all necessary land use,
building permit, or any other approval necessary for the construction of the
improvements. During the term of this Agreement, the City shall not have any
right to remove or change the Facilities without the Center's approval, but rather,
all such rights shall be vested in the Center. Notwithstanding the foregoing, the
City shall have the responsibility for maintenance as set forth in Paragraph 5.1
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1743697.3
below. The Center shall ensure that all construction meets the City's code and
permitting requirements.
4.2 City Ownership of All Improvements. All improvements presently in place or to
be constructed in the future on the Property shall remain with the land on which
the improvements are located and shall be considered the property of the City.
4.3 City Approval. Any changes to the Property shall be subject to all regulatory
requirements of the City, including without limitation laws related to
environmental conditions, life safety codes, and zoning codes.
5. City Responsibilities.
5.1 Maintenance. The City is responsible for the maintenance and any repair of the
Facilities which cost $3,000.00 or greater. Notwithstanding the foregoing, repairs
resulting from the lack of maintenance by the Center will be the full responsibility
of the Center. The maintenance responsibilities of the Center are set forth in
Paragraph 6.1 below.
5.2 Utilities. The City shall pay all costs applicable to any utility services provided to
the Property.
5.3 Building System Component Replacement. The City shall have the responsibility
for replacement of building system components, like for like, in the
Administration Building at the end of their expected service life. The Center shall
not replace a component without prior approval by the City. The City's approval
of component replacement will be dependent upon a prior appropriation for that
purpose by the City Council.
6. Center Responsibilities.
6.1 Maintenance. The Center is responsible for maintenance, repairs, and operating
expenses of the Facilities which cost less than $3,000.00. Notwithstanding the
foregoing, the Center is responsible for all costs related to interior surface
refurbishments (such as carpet, tile, and paint) even if said costs are $3,000 or
more. See Exhibit C for a breakdown of responsibilities and estimated costs.
6.2 Cost Recovery. The Center is responsible for recovering expenses resulting from
a fire department or emergency unit which damages the Facilities during its use
thereof.
6.3 Authoritv. The Center shall have authority to prepare and adopt plans for the
development of the Facilities and to implement the same as a fire and emergency
unit training facility, to set policies and to impose reasonable rules and regulations
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1743697.3 i
I
for the use and maintenance thereof and to restrict the use thereof by any such fire
or emergency unit for noncompliance therewith and to do any and all other things
reasonably required to so function and operate.
6.4 Scheduling. The Center shall have control of scheduling any specific user's
requests. The Center shall develop standards for who can use the Facilities and
when.
6.5 Compensation. The Center agrees that it will develop a service fee that will be
charged to departments or units other than the City that use the Facilities.
6.6 Insurance. The Center agrees to procure and maintain in force during the terms of
this Agreement, at its own cost, the following minimum coverages:
(1) Professional Liability (errors and omissions)
a) Each Claim/Loss: $1,000,000
b) Aggregate: $1,000,000
(2) Coverage.
Insurance required by this Agreement shall be primary coverage, unless otherwise
specified, and shall specify that in the event of payment for any loss under the
coverage provided, the insurance company shall have no right of recovery against
City or its insurers. All policies of insurance under this Agreement shall be
provided by an insurance company or companies qualified to conduct business in
Colorado and shall have an AM Best rating of not less than A- VI. This insurance
shall be maintained in full force and effect during the term of this Agreement and
for the additional periods set forth herein and shall protect Lessee, its agents,
employees and representatives, from claims for damages for personal injury and
wrongful death and for damages to property arising in any manner from negligent
or wrongful acts or omissions of Lessee, their agents, employees, and
representatives in the performance of the services covered herein.
(3) Insurance Renewal.
The insurance policies noted above shall not be cancelled, materially changed, or
non-renewed with providing 45 days notice of cancellation or non-renewal is
provided to the City. The Center shall notify the City of any material reduction or
exhaustion of aggregate limits. Should the Center fail to immediately procure
other insurance, as specified, to substitute for any policy canceled before final
payment to the Center, City may procure such insurance and deduct its cost from
any sum due to the Center under this Agreement.
f
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1743697.3
(4) Certificates.
Certificates showing that the Center is carrying the above-described insurance,
and the status of the additional insureds, shall be furnished to the City prior to the
execution of this Agreement by the City. Certificates of insurance on all policies
shall give the City written notice of not less than 30 days prior to cancellation or
change in coverage. The Center shall forthwith obtain and submit proof of
substitute insurance in the event of expiration or cancellation of coverage.
(5) Non-Waiver.
The parties understand and agree that the parties are relying on, and do not waive
or intend to waive by any provision of this Agreement, the monetary limitations
(now $350,000 per person and $990,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity
Act, §24-10-101, et seq., C.R.S., as from time to time amended, or otherwise
available to the parties, their officers, their employees, or their volunteers.
7. Use of Center.
7.1 Fire Training Purposes. The use of the Facilities shall be limited to recognized
bona fide Fire Departments, law enforcement agencies, rescue and other
emergency units.
7.2 Permanent Office Space. The City of Boulder Fire Department shall have
permanent office space allocated within the Facilities in recognition of the City's
original capital participation and ongoing maintenance responsibilities for the
Center project.
7.3 Other Intermittent Uses. The Center shall use and permit the use of the Facilities
only as a necessary and integral part of a program for the training of firefighters,
or staging of firefighting and law enforcement resources in the event of
emergencies directly impacting local governmental jurisdictions within Boulder
County. However, to the extent that other intermittent uses are made of the
Property, usage fees shall be charged for those uses and then applied to a fire
fighting training program and/or maintenance of the Facilities. The Center agrees
that the City's annual contribution toward utilities, maintenances and repairs shall
serve as compensation for any intermittent City use of the Facilities.
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1743697.3
8. Default.
8.1 In the event any of the parties hereto shall commit a material breach or otherwise
fail or refuse to comply with any of the material terms and provisions of this
Agreement or any lease or other agreement executed pursuant to the terms hereof,
the party so injured thereby shall give written notice to the defaulting party,
specifying the breach or default and the defaulting party shall have a period of one
hundred twenty (120) days from and after the date of receipt of such written
notice within which to cure such default or breach.
8.2 In the event the defaulting party shall fail or refuse to cure such breach or default,
as above provided, then the injured party shall have the right, at its election, to
terminate all rights of the defaulting party, pursuant to this Agreement and all
accompanying agreements. Such termination shall become effective upon the
expiration of the time specified for so curing such breach or default.
8.3 If the default is the result of the City failing to comply with Sections 5.1, 5.2 or
5.3, the Center shall have the right to undertake such responsibility during the 120
days cure period to the extent necessary to manage and operate the Facilities or to
prevent damage to the Facilities. The City shall reimburse the Center for all such
costs and expenses within 30 days after expiration of the 120 days cure period.
9. Notice. Any notice required by this Agreement shall be in writing and shall be given by
hand delivery or by certified or registered mail, postage and fees prepaid, address to the
party to whom such notice is intended to be given at the address set forth below, or at
such other address as has been previously furnished in writing to the other party. Such
notice shall be deemed to have been given when deposited in the U.S. Mail:
TO THE CITY:
City of Boulder
Attn: City Manager
P.O. Box 791
Boulder, Colorado 80306
WITH A COPY TO:
City of Boulder Fire Department
Attn: Boulder Fire Chief
18053 ,d Street
Boulder, CO 80301
I
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1743697.3
TO THE CENTER
Boulder Regional Fire Training Centers
Attn: Chair of the Board
6055 Reservoir Road
Boulder, CO 80301
Notice given by hand-delivery shall be effective immediately.
10. No Assignment. Neither party can assign any rights hereunder without the consent of the
other party.
11. Bindina Effect. This Agreement shall be binding upon the parties and their successors in
interest.
12. No Third Party Beneficiaries. The covenants and agreements contained in this
Agreement are for the benefit of the Center and the City only, and do not create any
obligations or duties to persons not parties hereto,
13. Fire Training Center IGA. Nothing in this Agreement shall be construed to conflict with
the Fire Training Center IGA. To the extent that there is any conflict or ambiguity in this
Agreement, the parties agree that this Agreement will be read and interpreted to give full
force and effect to the Fire Training Center IGA.
14. Authority. The parties represent that the individuals signing this Agreement on their
behalf possess full power and authority from their respective governing boards in
compliance with Colorado law.
15. Waiver. No waiver of any right under this Agreement shall operate as, or be construed to
be, a waiver of any subsequent breach of the same or any other provision of this
Agreement.
16. Cooperation. Each party agrees to perform all other acts and execute and deliver all other
documents as may be necessary or appropriate to carry out the intent and purposes of this
Agreement.
17. Severability. Eachrovision of this Agreement shall be severable. If an
p gr y provision is
held invalid, contrary to, or in conflict with any law or regulation by a tribunal with
competent jurisdiction,the remainder of this Agreement shall remain in effect.
18. Annual Appropriation. The City's financial obligations under this Agreement in future
fiscal years are subject to annual appropriation in accordance with Colorado law.
This Agreement is effective on the date provided in Paragraph 3 above.
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1743697.3
LESSOR
CITY OF BOULDER, COLORADO
ByJ� c�u 5 0 t ✓
Jane S. Brautigam, City ager
ATTEST:
City Clerk
APPR VED AS TO FORM:
City Attomey's Office Date
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1743697.3
LESSEE
Boulder County Regional Training Centers,
a Colorado non-profit corporation
By:
Name: Bruce My t
Title: Chair of uIder County Regional
Fire Training Centers Board of Directors
STATE OF COLORADO )
)ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me a Notary Public this 3\S� day of
T k , 20 Ib, by Bruce Mygatt as Chair of the Board of Directors of the Boulder
County Regional Fire Training Centers, a Colorado non-profit corporation.
Witness my hand and official seal.
My Commission expires:A r_� s 7,L-
[SEAL]
Notary Public
SARAH R NO4 IN
NOTARYPUBLIC-STARMATECN COLORADO
My Identification 4 20124016967
Expires April 5,2020
Exhibits
A: Map of 7.5-acre Fire Training Center site property
B: Map of Fire Training Center and Vicinity, including ingress/egress easements
C: Responsibilities and Estimated Costs
D: Restrictive Covenant
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17436973
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D3I0712011 08:37 AM RF:$0.00 DF:$0.00
Boulder County Clerk,CO
For Adminstrative Pumose.¢Only
Grantor. City of Boulder
Grantee: County of Boulder
Address: 6055 Reservoir Road(Fire Training Center)
RESTRICTIVE COVENANT tt, `
This Covenant is made and entered into this ZrIday of V ns.�•C�,
2011,by and between the City of Boulder,a Colorado home rule City("City"),and the County of
Boulder, a body politic and corporate of the State of Colorado ("Boulder County").
Funds to be used for fire training purposes of$4,022,240.00,plus interest accrued on those funds
between March 31,2007 and the date of disbursement to the City,have been transferred to the City by
Boulder County.
These funds have been provided pursuant to terms of the Fire Training Tax ballot language that
restricts the use of the funds to capital construction projects for fire training purposes.
The City agrees that improvements constructed with Fire Training Tax funds will be used and
maintained for fire training purposes.
In the event that the improvements funded with the County money cease to be used or maintained
for fire training purposes,the County may elect to take possession of the improvements in their then
existing condition. However,the County shall not take possession before first providing the City with an
opportunity to make repayment to the County pursuant to the terms of the httergovernmental Agreement
between the City and County recorded at Reception#2904011 in the records of the Boulder County
Clerk and Recorder's Office. After such repayment is trade,the City may reoccupy and continue to
utilize the improvements.
This Covenant shall be a restriction of record on the improvements constructed on the City of
Boulder's property for a period of 30 years from the date of the execution of the Covenant.
CITY OF
FF--BOULDER COUN F$OULDER J
By:�—T �6 . 1nJit o�. �,.✓ By: 4-0- t..._
Jane S.Brautigam,City M ager ies,Chair,'
e Boulder County Commissioners
Att
ALk
Ben Pearlman
F%ty'CTe-rk't56 behalf oTffie
Director of Finance and Record
Approved as to form:
C;--� -- 0. 91
City Attorney
Date: 2 - 007-70/(
OFFICIAL. CENTRAL RECORDS COPY
20110210-6246
SACA0IALPHATRAD�x-RESTRICTIVE COVENANT 2010 119.doe