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Home My WebLink About20121612.tiff RESOLUTION RE: APPROVE ASSIGNMENT AND ACCEPTANCE OF LEASE FOR PROPERTY LOCATED AT 320 MAPLE DRIVE, FREDERICK, COLORADO 80530, AND AUTHORIZE CHAIR TO SIGN - COMMUNITY DEVELOPMENT INSTITUTE HEAD START WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Lease for Property located at 320 Maple Drive, Frederick, Colorado 80530, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Community Development Institute Head Start, commencing July 1, 2012, with further terms and conditions being as stated in said assignment and acceptance of lease, and WHEREAS, after review, the Board deems it advisable to approve said assignment and acceptance of lease, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Lease for Property located at 320 Maple Drive, Frederick, Colorado 80530 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Community Development Institute Head Start be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said assignment and acceptance of lease. _3 0,13 C jSlye. mw1/4d �' (,'4 I CU( 45 _9 afill3 2012-1612 PR0033 ASSIGNMENT AND ACCEPTANCE OF LEASE FOR PROPERTY LOCATED AT 320 MAPLE DRIVE,FREDERICK, COLORADO 80530-COMMUNITY DEVELOPMENT INSTITUTE HEAD START PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 27th day of June,A.D.,2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: . �\ Sean P.C C• - ,Chair Jl Weld County Clerk to the Board Il.z dli. F.'Garci ro-Te BY: Deputy C rk to a Boar• 161 l([ 4O'r•-ra Kirkmeyer APP T FORM: / \ ® >. A=vid E.Long , ou Attorney Dougl ademache Date of signature: °7-/9-/ 2012-1612 PR0033 ASSIGNMENT AND ACCEPTANCE OF LEASE THIS ASSIGNMENT AND ACCEPTANCE OF LEASE is entered into this day of June, 2012, by and between the Community Development Institute Head Start, a Colorado non- profit corporation, whose address is 10065 East Harvard Avenue, Suite 700, Denver, Colorado 80231 ("CDI"); the Rocky Mountain Service Employment Redevelopment, a Colorado non- profit corporation, whose address is 3555 Pecos Street, Denver, Colorado 80211 ("RMSER"); and the Board of County Commissioners of Weld County, Colorado, a political subdivision of the State of Colorado, whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632 ("the Board"). WITNESSETH: WHEREAS, pursuant to the COMMUNITY DEVELOPMENT INSTITUTE HEAD START LEASE dated January 1, 2010, CDI leased from the Board, a parcel of land located in the East one-half of Section 31, Township 2 North, Range 67 West of the 6`h P.M., Town of Frederick, Weld County, Colorado, also known as FRE 2MS-1-8 L8 BLK 1 MAPLEWOOD SUB-FILING #2, and commonly known as 320 Maple Drive, Frederick, Weld County, Colorado 80530 ("the Property"), for a term of one (1) year, beginning January 1, 2010, renewable automatically annually unless terminated upon written notice being given at least sixty(60) days prior to the end of the current term, a copy of which is attached ("the Lease"), and WHEREAS, RMSER is taking over the administration of the Migrant Head Start Program in Weld County beginning July 1, 2012, and desires to continue to use the Property for such administration under the current terms of the Lease, and WHEREAS, CDI desires to assign the Lease to RMSER, effective July 1, 2012, and WHEREAS, RMSER desires to accept such assignment and all of the rights and responsibilities contained therein, and WHERAS, the Board desires to approve such assignment. NOW, THEREFORE, for and in consideration of the sum of$1.00, CDI hereby assigns all of its rights under the Lease, commencing July 1, 2012, and RMSER hereby accepts such assignment and all of the rights and responsibilities contained therein. FURTHERMORE, the Board hereby approves such assignment. 1 ROCKY MOUNTAIN S.E.RJJOBS FOR PROG NC. a Co n attic i • By: Title: Execu i Officer COMMUNITY DEVELOPMENT INSTITUTE HEAD START, a Colorado Non-Profit Corporation By: Title: 3 Assignment and Acceptance of Lease 320 Maple Drive,Frederick,Colorado 01431585 ROCKY MOUNTAIN S.E.R./JOBS FOR PROGRESS, INC., a Colorado nonprofit corporation By: Title: COMMUNITY DEVELOPMENT INSTITUTE HEAD START, a Colorado Non-Profit Corporation By: I C.+t.±A 577Yu � Title: '‘U-(CO) LA(� CO I,-lac tit 3 Assignment and Acceptance of Lease 320 Maple Drive, Frederick,Colorado 01431585.2 ATTEST: -iG*A• BOARD OF COUNTY COMMISSIONERS OF CLERK TO HE BOARD OF WELD COUNTY, a political subdivision of the COUNTY COMMISSIONERS State of Colorado By: Deput oard Sean P. Conway, Chairman a bfi1 ti Off h\:\>- 3 c2D/o7—i6% Signed this day of June, 2012. COMMUNITY DEVELOPMENT INSTITUTE HEAD START, a Colorado Non-Profit Corporation By: Title: STATE OF COLORADO ) County of Weld ) ss. The foregoing instrument was acknowledged before me this day of June, by , as of Community Development Institute Head Start, a Colorado non-profit corporation. Witness my hand and official seal this day of , A.D., My commission expires: ROCKY MOUNTAIN SERVICE EMPLOYMENT REDEVELOPMENT, a Colorado Non-Profit Corporation By: Title: STATE OF COLORADO County of Weld ) ss. The foregoing instrument was acknowledged before me this day of June, by , as of Rocky Mountain Service Employment Redevelopment, a Colorado non-profit corporation. Witness my hand and official seal this day of , A.D., My commission expires: 2 h 4. Donna Bechler From: Lisa Matter[Lisa.Matter@moyewhite.com] Sent: Friday, February 01, 2013 11:07 AM To: Burke, Treasa J.; Donna Bechler Subject: RE: Unsigned document Donna- We've asked our client send us another original of this document. Once I receive it I will send it to you. Thanks, Lisa From: Burke, Treasa J. [mailto:Treasa.Burke©faegrebd.com] Sent: Tuesday, January 29, 2013 2:28 PM To: 'Donna Bechler' Cc: Lisa Matter Subject: RE: Unsigned document Hi Donna, Attached is an electronic version of the signed signature page from RMSER. Lisa Matter at the Moye White law firm represented Rocky Mountain SER in that transaction and would probably be of more assistance in tracking down an original signature page for you than I could provide. I've copied Lisa on this email to loop her in. Best, Treasa From: Donna Bechler Jmailto:dbechler@co.weld.co.usl Sent: Tuesday, January 29, 2013 9:07 AM To: Burke, Treasa J. Subject: Unsigned document Treasa, In November I sent you an e-mail regarding the Assignment and Acceptance of Lease for property located at 320 Maple Drive, Frederick,Colorado between Weld County, Community Development Institute Head Start and Rocky Mountain Service Employment Redevelopment. I am enclosing a copy of the document, as well as several e-mails we've received from you. On July 9, 2012,you sent us the signature page from Community Development Institute Head Start and stated a signature page would be coming from Rocky Mountain SER directly. We still have not received the signature page from them. Could you please check and see if that page has been signed, and if so, send us an original signature page for our records. Your help in getting the signature page is greatly appreciated. Donna Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 1 FaegreBD.com FAEGRE BAKER USA' UK CHINA CYSNIELS Treasa J.Burke —�� Faegre Baker Daniels LLP LAssociate i6._ •• ells Fargo Center.1700 Lincoln Street treasa.burke@FaegreBD.com Denver.Colorado 80203-4532 Direct+1 303 607 3825 a r Phone+1 303 607 3500 JulV _;Li i, Fax+1 303 607 3600 July 9, 2012 Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 Greeley, CO 80632 Re: Fredrick Sublease Agreement Dear Bruce: Enclosed please find one original signature page from each of Community Development Institute Head Start and Weld County related to the Assignment and Acceptance of Lease for the Frederick, Colorado location. I understand that the Rocky Mountain SER signature page will be coming to you directly. It was a pleasure working with you on this transaction. Please let me know if you have any questions or concerns. Very truly yours, Treasa J. Burke BURTJ:barla Enclosures tb.us.8943684.01 Debbie Heffel From: Bruce Barker Sent: Monday, June 25, 2012 1:55 PM To: CTB Cc: Monica Mika Subject: Please Put on Agenda Attachments: ASSIGNMENT OF LEASE CDI to RMSER.docx; Page# 1-16.tif For Wednesday, 6/27/12. The two groups are getting signatures and will have them to us this week. The other attached document is the original lease, which should be attached. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 r G : v 3 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2012-1612 1 Donna Bechler From: Esther Gesick Sent: Monday, July 09, 2012 12:07 PM To: Burke, Treasa J.; Bruce Barker Cc: 'Lisa Matter'; CTB Subject: RE: Frederick Sublease Agreement Treasa, Please send one original signature page to my attention at the address below. I will have Chair Conway sign the County page and send three originals to your attention. Thank you for the clarification. Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street'P.O. Box 758'Greeley, CO 80632 tel: (970)336-7215 X4226 r f tJ 4� r Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Burke, Treasa J. [mailto:Treasa.Burke@faegrebd.com] Sent: Monday, July 09, 2012 12:02 PM To: Esther Gesick; Bruce Barker Cc: 'Lisa Matter'; CTB Subject: RE: Frederick Sublease Agreement Hi Esther, That document was designed to be signed in counterparts. If you can please have the county execute and circulate electronic copies, we will make sure that the town receives original counterparts for its file. Also, to the extent you could have three originals executed that would be helpful. Should we send our original page to your attention? Regards, Treasa Treasa J. Burke Associate treasa.burke@FaegreBD.com Direct: +1 303 607 3825 FaegreBD.com Download vCard FAEGRE BAKER DANIELS LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver,CO 80203-4532,USA 1 From: Esther Gesick [mailto:egesick©co.weld.co.us] Sent: Monday, July 09, 2012 11:04 AM To: Bruce Barker; Burke, Treasa J. Cc: 'Lisa Matter'; CTB Subject: RE: Frederick Sublease Agreement Treasa, We were instructed that CDI and RMSER were obtaining signatures and would provide our office with two originals for Commissioner Conway to sign within the week; however, we have not received anything. Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 0 Street)P.O. Box 758/Greeley, CO 80632 tel: (970)336-7215 X4226 1 ti rim— I. - 1'- Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker Sent: Monday, July 09, 2012 9:15 AM To: Burke, Treasa J. Cc: 'Lisa Matter'; CTB Subject: RE: Frederick Sublease Agreement With this reply I will ask our clerks to send to you a copy of the signed document. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "0" Street Greeley, CO 80632 (970) 356-4000, ext.4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Burke, Treasa J. [mailto:Treasa.Burke©faegrebd.com] Sent: Monday, July 09, 2012 9:11 AM To: Bruce Barker 2 Cc: 'Lisa Matter' Subject: Frederick Sublease Agreement Hi Bruce, We were hoping to check on the status of the county's signature page for the Frederick Sublease from CDI HS to RMSER. Any updates you have would be greatly appreciated. Regards, Treasa Treasa J. Burke Associate treasa.burke@FaegreBD.com Direct: +1 303 607 3825 FaegreBD.com Download vCard FAEGRE BAKER DANIELS LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver,CO 80203-4532,USA 3 RESOLUTION RE: APPROVE LEASE FOR PROPERTY LOCATED AT 320 MAPLE DRIVE, FREDERICK, COLORADO 80530,AND AUTHORIZE CHAIR TO SIGN-COMMUNITY DEVELOPMENT INSTITUTE HEAD START WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Community Development Institute Head Start, for property located at 320 Maple Drive, Frederick Colorado 80530, commencing January 1, 2010, and ending December 31, 2010, with further terms and conditions being as stated in said lease, and WHEREAS, after review, the Board deems it advisable to approve said lease, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Community Development Institute Head Start, for property located at 320 Maple Drive, Frederick Colorado 80530, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said lease. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December, A.D., 2009. 4 E O RD OF COUNTY LCCOMMIISSIONERS L2471TY2ATTEST: finatalt , (4?-2 liam Garcia, Chair Weld County Clerk to the Boyd V"Y 1, p Douglas ademacher, Pro-Tem Dep ty Clerk to th(Board \ l(' Sean Conway �— APPROVED/AS TO FO EXCUSED Ba Kirkmeyer unty Attorney <A (I / David E. Long Date of signature: I"I 11;e1 2009-3295 PR0031 CO C'ACsia. , C.7)J CIS o, /171,0 COMMUNITY DEVELOPMENT INSTITUTE HEAD START LEASE THIS LEASE is made and entered into this 1st day of January, 2010, by and between the Board of County Commissioners of Weld County, whose address is 915 10th Street, Greeley, CO 80631, herein called "Lessor" and the COMMUNITY DEVELOPMENT INSTITUTE HEAD START, a Colorado non-profit corporation, whose address is 10065 East Harvard Avenue, Suite 700, Denver, Colorado 80231, herein called "Lessee." WITNESSETH: WHEREAS, Lessor owns certain property located in Frederick,Colorado, upon which lies the Carbon Valley Library,the Frederick Municipal Park,and the Frederick Head Start facility,and WHEREAS, Lessor having acted as the Grantee on behalf of the Weld County Head Start Program, has now relinquished that role, and WHEREAS,during the period which Lessor acted as Grantee,Head Start operated a program in two buildings located on the premises described below, and known as the Frederick Head Start Program, and WHEREAS,Lessor and Lessee have determined that it is in the best interests of both parties that Lessee continue to utilize that Head Start facility located on property owned by Lessor, and described herein, NOW THEREFORE,the parties hereto agree as follows: 1. Premises: For and inconsideration of Rent (as defined below) and of the covenants and agreements herein contained,Lessor does hereby lease and demise the two buildings located on the premises situated in the Town of Frederick, County of Weld, State of Colorado, described as A parcel of land located in the East one-half of Section 31, Township 2 North, Range 67 West of the 6th P.M., Town of Frederick, Weld County, Colorado, also known as FRE 2MS-1-8 L8 BLK 1 MAPLEWOOD SUB-FILING #2, and commonly known as 320 Maple Drive, Frederick, Weld County,Colorado 80530,together with all improvements and personal property located therein and all appurtenances thereto. This lease does not include the building which is known as the Frederick Library, or the Frederick Park. Lessee shall have a shared access to and use of the parking lot adjacent to the buildings, recognizing that the residents of the Town of Frederick are also current users of said parking lot. There are no reserved parking spaces. 2. Term and Possession: The term of this Agreement shall be from January 1, 2010 ("Commencement Date"),through December 31,2010, unless sooner terminated. according to the terms hereof("the Term").Lessor hereby grants to Lessee the right to extend the lease for additional periods of one (1)year,(each year an"Extension Term"). Unless notice of termination is given by either party at least sixty (60) days prior to the end of the then-current Term,this Agreement shall Page 1 of 6 aQ,y-3 a95 automatically renew into the successive Extension Term.Lessor shall deliver possession to Lessee on the Commencement. Lessee shall accept the Premises in its "as is" condition as of the Commencement Date. 3. Rent: Lessee shall pay Lessor as rent during the Term and any Extension Term or Terms thereafter, the amount of One Dollar($1.00) 4. Use: The premises shall be occupied and used by Lessee for the purpose of conduction a Head Start Program and other activities related thereto, and for no other purpose. 5. Utilities and Services: Lessee shall contract for in its name and pay all charges or fees for use or consumption of all separately metered utilities provided to the Premises, including water, gas, electricity,telephone,trash and other utilities and services,together with any taxes thereon.Lessee shall provide janitorial services for the Premises if so desired. There are currently one water meter and one sewer meter which service the Leased Premises and the Frederick Library. Payment of the water bill shall be apportioned between Lessor and Lessee,with Lessee paying two thirds of the costs and Lessor paying one third of the costs of these services.Lessor shall receive the statement for the services, shall pay the vendors' bills and shall send an invoice to Lessee which shall be paid by Lessee to Lessor within fifteen days of the date of the date of the invoice. 6. Access and Alterations: Lessee may, but has no obligation to make repairs, additions or Alterations to the buildings as it deems necessary or proper for the safety, improvements or preservation thereof. Lessee shall make no material alterations in or additions to the Premises without written permission and consent of the Lessor, which consent shall not be unreasonably withheld. Any alterations undertaken at the request of Lessee shall be performed by Lessee or its agents,at Lessee's sole cost and expense.Removal of alterations undertaken at the request of Lessee shall be performed by Lessee or its agents, at Lessee's sole cost and expense. 7. Lessee Maintenance: Lessee agrees to keep said buildings in as good repair as they were found upon being occupied by the Lessee,subject to ordinary wear and tear. Lessee shall promptly give notice to Lessor of any damage in excess of normal wear and tear,and shall make,or have made at its direction all necessary repairs at Lessee's sole expense. 8. Lessee Maintenance. Lessee shall be responsible for all repairs necessary to structural components of the Premises,including,without limiting the generality of the foregoing,all heating, air conditioning,ventilating,electricity,hot and cold running water and sanitary and storm drainage services. 9. Lessee's Premises Insurance. Lessee agrees that it will keep the Premises insured, at a minimum, against loss or damage by tire, with extended coverage ("all risk") endorsement, vandalism,and malicious mischief coverage,in an amount not less than ninety percent(90%)of the fWl replacement value of the Premises as determined from time to time. Page 2 of 6 10. Lessee's Other Insurance. During the term of this Lease, Lessee, at its sole cost and expense,for the mutual benefit of Lessor and Lessee,shall carry and maintain the following type of insurance: (a) worker's compensation insurance insuring Lessee and Lessor from all claims for personal injury and death in such amounts as may from time to time be sufficient to pay the maximum accumulated award allowed by Colorado law; (b) personal property insurance for the benefit of Lessee covering Lessee's personal property situated within the Premises;(c)commercial general liability insurance written on an occurrence form, including blanket contractual liability coverage against claims for bodily injury, death and property damage occurring in or about the Premises, affording minimum single limit protection of One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars($2,000,000.00) in the aggregate;and (d) all other insurance required for compliance with the Head Start Program. Lessee will, upon written request by Lessor, provide Lessor with a certificate of insurance properly executed by its insurance company evidencing such coverage. The Lessor will not be held liable for any loss of or damage to Lessee's personal property located on the Premises. The"Board of County Commissioners of Weld County" shall be an additional named insured on all general liability insurance policies obtained by Lessee. 11. Casualty to Premises. If the improvements or the Premises shall be damaged or destroyed by fire or other casualty so that the Premises shall be un-tenantable or unsuitable for the conduct of Lessee's program,this Lease shall terminate as of the occurrence of such damage or destruction. In the event that the improvements or the Premises shall be damaged by fire or other casualty but are still reasonably tenantable and fit for the continued conduct of Lessee's program, Lessee may, but shall not be required to, repair the damage and restore the same to substantially their condition immediately prior to the happening of such event.In the event that the Premises or improvements are not restored and repaired within thirty(30)days after the occurrence,or if it reasonably appears that said repairs and restoration cannot be effected within thirty(30)days of the date of the occurrence, Lessee may,at its option,terminate this Lease by written notice to Lessor,which termination shall be effective upon receipt by Lessor. 12. Taxes. The Premises are currently a tax-exempt property. If, due to Lessee's use of the Premises,the taxation status of the Premises changes,Lessee shall be responsible for paying,before delinquent, all property taxes levied against the Premises that are assessed or payable during the Term.Lessor shall not be liable for any taxes on Lessee's personal or other property located on or at the Premises. 13. Suitability. Lessor makes no warranty,express,implied,statutory,or by operation of law,as to the quality,fitness,or suitability for a particular purpose of the Premises or any component thereof for Lessee's intended use of the Premises as part of a Head Start Program, including, without limitation,appropriate zoning, licensures or other governmental approvals that may be required for the intended use. Lessee has been given the opportunity to inspect the Premises and make such other inquiries and investigations as it deemed necessary,and has determined to lease the Premises based on such inspection. Page 3 of 6 14. Off-Hour Use. Lessee shall have the right to use the Premises at all hours and on any day of the week as needed for all purposes related to the operation of a Head Start Program. 15. Right of Assignment by Lessor. Lessor may assign or otherwise convey its interest in the Property provided that the transferee agrees to assume all of Lessor's obligations stated herein. 16. Notices. Any notice which may or shall be given under the terms of this Lease shall be in writing and shall be either delivered in person or sent by United States registered or certified mail, return receipt requested,postage prepaid, and addressed as follows: To Lessor: Weld County Monica Mika, Director of Administration 915 Tenth Street Greeley, Colorado 80631 To Lessee: CDI Serving Weld County-Head Start c/o/Dr. Janet Flaugher P.O. Box 939 —Suite L-90 Greeley, Colorado 80632 A party may change such address from time to time by giving notice as provided above. Notice shall be deemed given when delivered(if delivered by hand)or when deposited in the United States mail, postage prepaid, as provided above (if sent by mail). 17. Miscellaneous: a. Lessor,the Weld County Board of Commissioners,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Lessee,its employees,volunteers,or agents while performing this Agreement. Lessee, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of Lessor, or its employees, volunteers, guest, invitees,or agents while performing functions as described in this Agreement. Lessor shall provide adequate liability and worker's compensation insurance for all of its employees,volunteers agents engaged in the performance of this Agreement,as required by the Colorado Worker's Compensation Act. b. This agreement between the parties does not confer responsibility or liability upon Lessor for the activities,content and programs performed in the leased premises by Lessee,nor does Lessor endorse any part of the program,processes or procedures of Lessee. c. No officer,member,or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof Page 4 of 6 d. Lessor and Lessee assure that no person shall, on the grounds of race, creed, color, sex, handicap, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the Agreement. e. No portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. f. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. g. If any section,subsection,paragraph,sentence,clause,or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions.The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraph,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. h. This Lease,together with the attachments,constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. There are no collateral understandings,agreements,commitments,representations,or warranties of any kind except those expressly set forth herein.This Lease shall be interpreted and construed under the substantive laws of the State of Colorado, excluding therefrom only its laws pertaining to choice of law.The provisions of this Lease shall apply to,bind and inure to the benefit of Lessor and Lessee, and their respective successors, legal representatives and assigns. No amendment to or modification of this Lease and no waiver of any provision hereof shall be effective unless it is in writing and signed by each party hereto. The captions in this Lease and in the attachments hereto are for convenience only and shall not be considered as part of or affect the construction or interpretation of any provision of this Lease. It is expressly understood and agreed that the enforcement of the terms and conditions of this Lease Agreement, and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Lease shall give or allow any claim or right of action whatsoever by any other person not included in this Lease. It is the express intention of the undersigned parties that any person and/or entity other than the undersigned parties receiving services or benefits under this Lease shall be an incidental beneficiary only. j. Lessee shall be required to defend Lessor from all claims made against Lessor, its agents, employees and/or officers in the event that an action is filed against Lessor which arises from the actions and/or negligence of the Lessee.Lessee further agrees to pay all legal fees and costs incurred by Lessor in such actions. Page 5 of 6 k. The Weld County District/County Courts shall have exclusive jurisdiction over any litigation involving the parties to this lease and concerning the enforcement of any rights or responsibilities under this lease. 20. Termination for Convenience of Lessee: Lessee may terminate this lease at any time by giving written notice to Lessor of such termination within sixty calendar days of the date of the notice and specifying the effective date thereof. 22. Governmental Immunity: Nothing in this lease agreement shall be deemed a waiver of the Colorado Governmental Immunity Act therefore, no portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. IN WITNESS WHEREOF, the parties have entered into this Lease as of the date first written above. LESSOR: ATTEST: ja.teliI 1EL2 COUNTY OF WELD, STATE OF v COLORADO, A BODY POLITIC AND • CLERK TO THE BOA '"?. �� CORPORATE OF THE STATE OF COUNTY COMMISSI #E' . .,�� J COLORADO elt BY: � ��i °� BY: Az? Deputy Clerk to the Board William F. Garcia, Chairman DEC 1 6 2009 Federal Tax Identification Number: 84-6000813 LESSEE: COMMUNITY DEVELOPMENT INSTITUTE, HEAD START, A COLORADO NON-PROFIT CORPORATION BY: f il 1 v unuo¢.w_xxu�...n.nN D Page 6 of 6 goo'q- Community Development Institute t Head Start National Interim Management Contract 10065 E. Harvard Avenue, Suite 700 Denver, CO 80231 (877) 789-4900 • Fax (720) 747-5148 December 17, 2009 Monica Mika, Director of Administration Weld County 915 Tenth Street Greeley, CO 80631 Dear Ms. Mika, Please find enclosed (2) original leases for property located at 320 Maple Drive. Please sign both leases and ensure that (1)original is returned to my attention at the address shown above. Please feel free to contact me with any questions at 720.248.2063. Your prompt attention to this matter is greatly appreciated. Best Regards, I ')�„c \ Lauri Gravelin • Administrative Assistant iYla; _ ``,1- -Po 6/3/04 Hello