LDMNA

Lower Des Montes Neighborhood Association

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[ Documents of Interest: ]
AGREEMENT
ARROYO SECO

This Lease Agreement (hereinafter "Lease") is hereby made by and between the Taos County (hereinafter "County"), and the Taos MunicipaJ Schools (hereinafter "Schools").

WHEREAS, Taos County has received a HUD grant to assist in the development of local community centers; and
WHEREAS, Taos County has determined that certain Taos Municipal School property(ies) may be available for such community purpose(s); and
WHEREAS, the Taos Municipal Schools, acting through it's Board of Education, has determined that certain school properties are vacant and available for community center uses;
NOW, THEREFORE, IT IS HEREBY MUTUALL y AGREED, that:

                     1. Scope & Purpose: The County desires to lease, from the Schools, the Arroyo Seco Elementary School property, located in Arroyo Seco,. New Mexico, for the purpose(s) of serving as the Arroyo Seco Community Center (hereinafter "Center"), which Center shall be administered by a County recognized community association (hereinafter "Association") to be designated by the County and operated under a sublease agreement. The purpose of use is solely for the community. "'
                    2. Term: The term of this Lease shall be for Twenty-Five (25) and One-half (25, Y2) years, effective January 1, 1998 and continuing until June 30, 2023. This facility will become available only after the District has occupied the new Arroyos Del Norte Elementary School.
                    3. Extension: This lease may be extended, by mutual consent of the parties, for an additional Twenty-Five (25) years, upon such terms and conditions as may be acceptable to both parties. Such extension shall be in writing and shall be executed prior to the termination date and appended to the Lease.
                    4. Consideration: In consideration of this lease, the County will pay, to the Schools, the sum of $25,000.00, from the HUD Communities Centers Grant. In the event that the County is able to secure additional funding for these centers, the parties shall renegotiate the consideration to be paid for the remainder of the existing term.
                     5. Permitted Uses: The premise(s) shall be used for the stated purpose(s) in Paragraph No. 1       above and no illegal act(s) will be knowingly done, or allowed to be done, on the premise(s).
                     6. Utilities: The school shall not be responsible for any utility installation and/or maintenance charge(s)) {including electircal) gas) telephone, etc.). .The Association and/or the County   shall be responsible for payment of all monthly utility charge(s).
                    7.   Alterations/Improvements: The County may, with the prior permission of the Schools, which permission shall not be unreasonably withheld, make any alteration(s), modification(s),     and/or improvement(s) to said premises, so long as all changes are in accordance with   applicable building codes and all local, state and federal requirements. Said alterations/impro1iements, including permits, permit fees, utilities, etc. shall be at the sole   cost of the Associaton and the Association shall not allow, permit, or otherwise incur a lien of any sort or kind to be filed against said property. Said alterations/improvements, if of a permanent nature shall become a part of the premises and all title and right(s) to said alterations/improvements shall vest to the District. If not of a permanent nature, said alteration/improvement may be removed by the      County or Association upon termination of this Lease so long as the premise(s) can be restored to its (their) original condition, excepting normal wear and tear.
                     8.   Maintenance: The County shall. at its sole expense, keep and maintain the premises and all            improvements thereon in a reasonable state of repair and preservation, and shall not suffer or permit any continuing nuisance thereon, provided, however, that the schools shall be responsible for the first $25,000.00 of Major Maintenance Costs for the premises, which shall mean maintenance costs for the repair or replacement of the roof, boiler, heating/cooling system, and structural portions of the premises.
                   9. Security: The responsibility for providing security of the Center rests with the County and the Association will maintain the necessary property insurance and/or protective measures to protect the property, both real and personal against third-party claims.
                 10. Insurance: The County shall cause to be maintained property and liability insurance, naming both the County andand the Schools as co-insureds, and in an amount sufficient to satisfy the provisions and limitations of the New Mexico Tort Claims Act and subject to increases l!nder the provisions and limitations of the Tort Claims Act.
                 11. Inasmuch as both parties are governmentall entities of New Mexico, as between the parties, each shall be responsible for the act(s) or omission(s) of their employees or officers for liability arising from personal injury or damage to persons or -property occasioned by said entity's employee or officer, subject in all cases to the immunities and limitations of the' New Mexico Tort Claims Act (41-1-1 et seq., N.M.S.A. 1997 as amended).
                   Each party shall be solely responsible for fiscal or other sanctions levied by any state or federal government enitity or court as a result of its own violation or alleged violation of requirement(s) applicable to the performance of this agreement.
EXHIBIT 4, Page 2
                    12. Assignment/Subcontracting: Neither the County, nor the Association, shall assign, transfer ,
subcontract, or otherwise affect any interest in this Lease wihtout the written approval of the Schools, which approval shall not be unreasonably withheld.
                  13. Non-Discrimination: The Association shall not discriminate, in volation of any local, state or federal law, with respect to those person(s) who are using the Center.
                  14. Breach: In the event that any of the party(ies) fails to comply with any term, condition or obligation required under this Lease, the non-defaulting/non-breaching party may consider the other to have breached the Lease and may either declare the Lease voidable and terminate the Lease as provided below, or may negotiate a cure of the breach or default on such terms and conditions as may be acceptable to parties.
                  15. Termnination: This Lease may be terminated, by any of the parties, by providing written notice, to the other parties, at least ninety (90) calendar days prior to the effective date of termination. Termination shall be by written notice which shall be delivered or mailed (certified mail, return receipt) to the other party. If notice is by mail, notice (i.e., the effective date of termination) will be deemed to be effective three (3) calendar days from the date of the postmark. If notice is hand-delivered, termination is effective as of the time of delivery to said party's office. Termination shall not affect or negate any obligation(s) already incurred by any party .
                  16. Notice: All notices, relating to this Lease, shall be in writing and shall be delivered to the following addresses. Each party is responsible for updating the mailing address at such time
as their respective address may change.

County: Schools:

Taos County                                                                                                  Taos Municipal Schools
Attn: Chief Executive Officer                                                                       Attn: Superintendent
105 Albright St. Suite A                                                                               213 Paseo del Canon
Taos, NM 87571                                                                                          Taos, NM 87571
                  17. Binding Effect: This Lease shall be binding upon the parties, their heirs, successor(s)-in- interest(s) or other lawful claimant(s).
                  18. Scope of Agreement: This Lease incorporates all the agreements and understandings between the parites. No prior agreement(s) or understanding(s), verbal or otherwise, shall be valid or enforceable unless embodied and attached to this Lease.
                  19. Applicable Law: This Lease shall be governed by the Laws of the Slate of New Mexico and all other applicable federal, state and/or local laws, ordinances, regulations or orders.
                  20. Judicial Enforcement: Any legal proceeding, arising out of this lease, shall be brought before the Eighth Judicial District Court, Taos County, State of New Mexico.

EXHIBIT 4, Page 3
21. Severability: In the event that a court of competent jurisidiction finds that any term or provision of this Lease is void, voidable or otherwise unenforceable, all other terms and provisions shall remain intact and enforceable where not otherwise inconsistent with the Court's findings.

22. Amendment: This Lease shall not be altered, changed, modified, amended, except by instrument, in writing, executed by both parties and appended hereto.

23. Taos County will commit to work and secure funding from the Legislature, in collaboration with Taos Municipal Schools, for site work to the entrance at Arroyos Del None Elementary School.

TAOS COUNTY TAOS MUNICIPAL SCHOOLS

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

SAMUEL O. MONTOYA ANDRES I. GALLEGOS
CHIEF EXECUTIVE OFFICER SUPERINTENDENT

Dennis Mazanares
County Attorney

EXHIBIT 4, Page 4

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