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Home My WebLink About20110212.tiff RESOLUTION RE: APPROVE SECOND AMENDMENT TO LEASE AND AUTHORIZE CHAIR TO SIGN 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 the Second Amendment to the Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance and Administration, and the Colorado Department of Military and Veterans Affairs, commencing upon full execution, and ending March 31, 2012, with further terms and conditions being as stated in said amendment; said property being located at 330 Park Avenue, Fort Lupton, Colorado 80621, and WHEREAS,after review,the Board deems it advisable to approve said amendment, 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 Second Amendment to the Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance and Administration, and the Colorado Department of Military and Veterans Affairs be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of January, A.D., 2011. - BOARD OF COUNTY COMMISSIONERS sql E ll,f '�_ WELD COUNTY, COLO ADO ATTEST: • 1861 s r ara Kirkmeyer, hair Weld County Clerk to the ark ` 60. % A sean P. ay, Pro-Tem BY: Deputy Clerk to the Board am F. G&cla APPR D AS T (-4\..)(-4\..) COL avid E. Long unty t ney r — D uglas ademacher Date of signature: c,2/, U o vii s v� tc Sati��Sow 1 - - II 2011-0212 PR0032 STATE OF COLORADO DEPARTMENT OF PERSONNEL AND ADMINISTRATION OFFICE OF THE STATE ARCHITECT REAL ESTATE PROGRAMS pF• CO\ O C/3 KThry STANDARD LEASE AMENDMENT[IMPROVED REAL PROPERTY] LANDLORD Weld County Board of County Commissioners TENANT The State of Colorado, acting by and through the Department of Military and Veterans Affairs LOCATION 330 Park Avenue, Ft. Lupton, CO 80621 Form—Amendment to Improved Real Property Lease I Rev.2/2008 INSTRUCTIONS: 1) This Amendment to Lease Agreement [Improved Real Property] is designed for use by state agencies to amend an existing lease for space in buildings and other improved real property prepared on an State Controller approved lease form with a revision date of 8/2007 or later, when the parties are specified as the "Landlord" and "Tenant". This Amendment may be used for leases prepared on a form prior to the referenced revision date, except the draft must replace the term "Landlord"with "Lessor"and the term "Tenant"with "Lessee". 2) If at any time a user of this form determines that a certain provision should not be included, simply strike through the provision following the paragraph number and title. That way a later reviewer of the lease can immediately determine if and where the lease differs from the standard form, and subsequent paragraphs need not be renumbered to preserve sequential numbering. Each strike through should be initialed by the person signing the agreement of behalf of each party Additions to the form should be indicated in bold type. 3) Don't forget to check the page numbers in the body of the Amendment and any attached Exhibits to accommodate spacing changes. Exhibits should be numbered separately from the Amendment. For example, the first page of Exhibit A to the Amendment, would be numbered "A—1". 4) If you have questions or need assistance in using this form, call Real Estate Programs at 303-866-4759. Form—Amendment to Improved Real Property Lease ii Rev.2/2008 SECOND AMENDMENT TO LEASE The printed portions of this form,except bold additions,have been approved by the State of Colorado Attorney General THIS SECOND AMENDMENT TO LEASE, made and entered into this /% day of OAA' , 20 I/ , for the purpose of amending that certain lease having Contract Routing No. 09 OAA 00060 and C. E. No. PO OAA 09000000036, (the "Lease") dated November 20, 2008, by and between Weld County Board of County Commissioners, a Political Subdivision, as "Landlord", and THE STATE OF COLORADO, acting by and through the DEPARTMENT OF Military and Veterans Affairs, as "Tenant", relating to the leasing of a portion of the building located at 330 Park Avenue, Ft. Lupton, CO 80621 (the"Building"), comprised of seven thousand (7,000) rentable square feet. WHEREAS, as to Tenant, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 100, G/B/L Account Number 1A1, Contract Encumbrance Number — PO OAA 11000000040 or in the Account(s) reflected on the attached COFRS printout.. WHEREAS, The Lessee and the Lessor have agreed to exercise the option to extend the lease for an additional one(1)year period, until March 31, 2012. All terms and conditions of the Lease shall remain in effect during the Renewal Term. NOW, THEREFORE, Landlord and Tenant in consideration of the mutual promises contained herein, hereto agree to amend the Lease as follows: 1. Article 1(b) Premises, Term, Rent. The term of the Lease is extended from April 1, 2011 through March 31, 2012,for a montly base rent during the term as follows: APPROXIMATED FISCAL YEAR ANNUALIZED TERM DATES(S) TERM RENT MONTHLY RENT SQ. FOOT COST Commencement Date— 03/31/2012 To be determined $2,625.00 $4.50 Except as modified by the provisions of this Second Amendment to Lease, all other terms and conditions in the Lease are hereby ratified and confirmed and remain in full force and effect. In the event of any conflict, inconsistency, variance or contradiction between the provisions of this Second Amendment to Lease and any of the provisions of the Lease, the provisions of this Second Amendment to Lease shall in all respects supersede, govern and control. The effective date of this Second Amendment to Lease is February 28, 2011 or the date signed by the State Controller or his designee, whichever is later. In accordance with the requirements of 24-30-202 (1) C.R.S., as amended, this Amendment to Lease shall not be deemed valid until it has been approved by the State Controller, or such assistant as he may designate. Form—Amendment to Improved Real Property Lease Page 1 of 2 Rev.2/2008 IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. CORPORATIONS: LANDLORD: (A corporate attestatiequired,C. ATTEST(Seal) Weld County Boardfm County Commissioners y Deputy C'rk to the.I�� r y /// e tU.e Autho z, �' zed Si Si gnat ry JAN 1 7 2011 (place corporate seal here,if ava ® b ° vSCI Barbara Kirkmeyer Chair Ql`t1 \ Name(Print) Title (Print) If LANDLORD is signing in their individual capacity, attach Landlord affidavit verifying legal status pursuant to C.R.S.§24-76.5-101. STATE OF COLORADO TENANT: John W. Hickenlooper, Governor STATE OF COLORADO DEPARTMENT OF PERSONNEL&ADMINISTRATION John W. Hickenlooper,Governor Office of State Architect, Real Estate Programs The Department of Military and Veterans Affairs For the Executive Director Acting by and through By: By: Michael T. Hunt for the Executive Director D' � att�e/:� e Date: i2 APPROVALS et ALL CONTRACTS MUST BE APPROVED BY THE STATE �LT ,.h CONTROLLER: /4 , 4 3,, i',-c> CRS 24-30-202 requires that the State Controller approve all State contracts. Thls contract is not valid until the State Controller,or such assistant as he may delegate, irr,_>(.-^ has signed it. The Landlord is not authorized to begin � �j1 performance until the contract is signed and dated , below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the �� good and/or services provided. APPROVED: -/ . APPROVED: DEPARTMENT OF LAW - STATE OF COLORADO John Suthers, Colorado Attorney General David J.McDermott, CPA ATTORNEY GENERAL(or authorized Delegate) STATE CONTROLLER'S OFFICE State Controller(or authorized Delegate) By: By: Date: Date: Form-Amendment to Improved Real Property Lease Page 2 of 2 Rev.2/2008 O? // oaia T0.- , o: ti Esther Gesick ice. �l4 "2, 6 rnirn JL� From: Monica Mika (G. rn , to 111 ku. ktkrici 4 LA i .^•-. Sent: Tuesday, January 11, 2011 11:02 AM To: Esther Gesick Subject: FW: Ft Lupton Lease Amendment(UNCLASSIFIED) This is the address for the signed agreements. Thanks. From: Janet Jones Jmailto:Janet.Jones@dmva.state.co.usl Sent: Tuesday, January 11, 2011 10:59 AM To: Monica Mika Subject: RE: Ft Lupton Lease Amendment(UNCLASSIFIED) Monica, Please send six (6) originals to my attention at the address below. Thanks for your assistance. Janet Jones, Director Purchasing and Contracts Office Department of Military and Veterans Affairs 6868 S. Revere Pkwy., Ste 153 Centennial, CO 80112 (720) 250-1541 Office (720) 250-1549 Fax Janet.jones@dmva.state.co.us I'd rather be hated for who I am, than loved for who I am not. -- Unknown Be who you are and say what you feel because those who mind don't matter and those who matter don't mind. -- - Dr. Seuss From: Monica Mika Jmailto:mmika@co.weld.co.usl Sent: Monday, January 10, 2011 4:17 PM To: Janet Jones Subject: RE: Ft Lupton Lease Amendment (UNCLASSIFIED) This will be on our agenda for next Monday. Can you please tell me where to send the copies? Thanks From: Janet Jones Jmailto:Janet.Jones@dmva.state.co.usl Sent: Friday, January 07, 2011 11:35 AM To: Monica Mika Subject: RE: Ft Lupton Lease Amendment (UNCLASSIFIED) Ms. Mika, 1 2011-0212 Attached is the second amendment to the lease for the Ft Lupton facility located on Park Avenue. Please review and provide me with any comments and/or changes. Thank you, Janet Jones, Director Purchasing and Contracts Office Department of Military and Veterans Affairs 6868 S. Revere Pkwy., Ste 153 Centennial, CO 80112 (720) 250-1541 Office (720) 250-1549 Fax Janet.jones@dmva.state.co.us I'd rather be hated for who I am, than loved for who I am not. -- Unknown Be who you are and say what you feel because those who mind don't matter and those who matter don't mind. -- - Dr. Seuss From: Monica Mika Jmailto:mmika@co.weld.co.usl Sent: Thursday, December 09, 2010 10:58 AM To: Brian Mayard Cc: Janet Jones Subject: RE: Ft Lupton Lease Amendment (UNCLASSIFIED) My number is 970 356 4000 x 4210, and we will be happy to work with you guys. From: Mayard, Brian L LTC NGCO Jmailto:brian.mavard@us.army.mill Sent: Thursday, December 09, 2010 7:43 AM To: Monica Mika Cc: Janet Jones Subject: FW: Ft Lupton Lease Amendment (UNCLASSIFIED)My Classification: UNCLASSIFIED Caveats: FOUO Monica, We are requesting a one year extension on our lease. Ms. Jones needs to know the cost. Is your phone number still 970-336-7205, x4210? Original Message From: Janet Jones [mailto:Janet.Jones@dmva.state.co.usl Sent: Wednesday, December 08,2010 2:20 PM To: Mayard, Brian L LTC NGCO Subject: Ft Lupton Lease Amendment Brian, 2 Attached is a draft of the second amendment for the Ft Lupton Lease. Unfortunately, I do not have the contact information for Monica Mika in order to determine the lease amount for the extension. If you could forward this draft to her,and provide me with her information, I will work with her on determining the new lease amount. Thanks! Janet Jones, Director Purchasing and Contracts Office Department of Military and Veterans Affairs 6868 S. Revere Pkwy., Ste 153 Centennial,CO 80112 (720)250-1541 Office (720)250-1549 Fax Janet.jones(&,dmva.state.co.us I'd rather be hated for who I am,than loved for who I am not. --Unknown Be who you are and say what you feel because those who mind don't matter and those who matter don't mind. ---Dr. Seuss Classification: UNCLASSIFIED Caveats: FOUO 3 Janet Jones, Director Purchasing and Contracts Office Department of Military and Veteran Affairs 6868 S Revere Pkwy., Ste 153 Centennial CO 80112 Re: Ft Lupton Lease Amendment Dear Janet, I have included six original agreements for you as requested. After they have been signed please return one original to our office. If you should have any questions please contact our office. Thank you, Tonya Disney Clerk to the Board of Commissioners 915 10th Street P.O. Box 758 Greeley CO 80632 970-336-7215 Tonya Disney From: Tonya Disney Sent: Tuesday, January 18, 2011 1:26 PM To: Monica Mika Subject: Ft Lupton Lease Amendment Monica, Esther asked that I email you when I have sent the above mentioned amendment out. I am sending six originals out today in the mail with a request that one original be returned to our office. Thank you, Tonya Disney Deputy Clerk to the Board Weld County, Colorado 915 10th St Greeley, CO 80631 Phone: 970-336-7215 x 5226 1 Donna Bechler From: Janet Jones [Janet.Jones@dmva.state.co.us] Sent: Wednesday, November 02, 2011 8:41 AM To: Donna Bechler Subject: RE: Fort Lupton Lease Amendment Attachments: FW: ; Ft Lupton Lease Ms. Bechler, Shortly after receiving the signed agreements from the Weld County Commissioners, the Department of Military and Veterans Affairs (DMVA) contacted Ms. Mika and discussed using the "hold-over" option in the current lease agreement. The "hold-over" option allows the State to continue with the lease on a month-to-month basis, using the current terms in the lease as written. DMVA explained to Ms. Mika that the new Readiness Center was due to open in June, therefore the need for another lease for an additional 3-months seemed somewhat absurd for the short time period. Ms. Mika agreed, and asked that DMVA provide a letter stating the intent to exercise the "hold-over" option. I have attached a copy of the emails and letters to Ms. Mika,dated January 25, 2011 and June 30, 2011. The National Guard has since vacated and facility and the keys were turned in on 31 August 2011. I hope this helps in completing your files and closing out any issues surrounding this lease. Please let me know if I can be of further assistance. Thank You, Janet Jones, Director Purchasing and Contracts Office Department of Military and Veterans Affairs 6868 S. Revere Pkwy., Ste 153 Centennial, CO 80112 (720) 250-1541 Office (720) 250-1549 Fax Janetiones@dmva.state.co.us us I'd rather be hated for who I am, than loved for who I am not. -- Unknown Be who you are and say what you feel because those who mind don't matter and those who matter don't mind. --- Dr. Seuss From: Donna Bechler fmailto:dbechler@co.weld.co.usl Sent:Tuesday, November 01, 2011 12:28 PM To:Janet Jones Subject: Fort Lupton Lease Amendment Ms.Jones, On January 17, 2011, the Board of Weld County Commissioners approved the second amendment to the lease with Fort Lupton. At that time, we sent you 6 (six)original agreements, and 1 (one) signed agreement was to returned to our 1 office. We have not received a signed agreement at this time. I will attach a copy of the document to this e-mail in case you need to look at it. Could you please send a copy of the signed agreement to the address listed below. Thank you for your prompt attention to this matter. Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 es F. =PII W E00IC'cU NTT u_ 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. 2 Donna Bechler From: Janet Jones [IMCEAEX-_O=DMVA_OU=EXCHANGE+20ADMINISTRATIVE+20GROUP+20+ 28FYDI BOH F23SPDLT+29_C N=REC I P I E NTS_C N=JANET+20JONES@dmva.state.co.us] Sent: Tuesday, January 25, 2011 9:11 AM To: Monica Mika Cc: Brian Mayard Subject: FW: Attachments: 20110125110841327.0f Monica, Per out discussion last week, attached is the letter exercising the "Hold Over" provision and our notice to vacate. Please let me know if you have any questions or need to discuss further. Thanks again! Janet Jones, Director Purchasing and Contracts Office Department of Military and Veterans Affairs 6868 S. Revere Pkwy., Ste 153 Centennial, CO 80112 (720) 250-1541 Office (720) 250-1549 Fax Janet.iones@dmva.state.co.us I'd rather be hated for who I am, than loved for who I am not. -- Unknown Be who you are and say what you feel because those who mind don't matter and those who matter don't mind. --- Dr. Seuss Original Message From: purchasingcopier@dmva.state.co.us fmailto:purchasingcopier@dmva.state.co.usl Sent: Tuesday, January 25, 2011 9:09 AM To: Janet Jones Subject: This E-mail was sent from "Ricoh2550" (Aficio MP 2550). Scan Date: 01.25.2011 11:08:41 (-0500) Queries to: purchasingcopier@dmva.state.co.us 1 Donna Bechler From: Janet Jones [IMCEAEX- o=DMVA_OU=EXCHANGE+20ADMINISTRATIVE+20GROUP+20+ 28FYDI BO H F23S PDLT+29_CN=RECI PI ENTS_C N=JANET+20JONES@dmva.state.co.us] Sent: Thursday, June 30, 2011 5:02 PM To: Monica Mika Cc: Brian Mayard; Doble, Brian K 2LT NGCO (brian.doble@us.army.mil) Subject: Ft Lupton Lease Attachments: Ft Lupton Extension Letter 2.pdf Monica, I was informed today that there are some scheduling delays with the new facility that will not allow the COARNG to vacate the leased property by 31 July 2011. Please accept the attached letter as notification of the intent to exercise the "hold over" clause for an additional month. If you have any questions, please let me know. Thank you, Janet Jones, Director Purchasing and Contracts Office Department of Military and Veterans Affairs 6868 S. Revere Pkwy., Ste 153 Centennial, CO 80112 (720) 250-1541 Office (720) 250-1549 Fax Janet.jones@dmva.state.co.us I'd rather be hated for who I am, than loved for who I am not. -- Unknown Be who you are and say what you feel because those who mind don't matter and those who matter don't mind. --- Dr. Seuss 1 STATE OF COLORADO DEPARTMENT OF MILITARY AND VETERANS AFFAIRS 6848 South Revere Parkway wcrtt Centennial,Colorado 80112 ;r�''4 '�e'a Phone(720)250-1541 ( s•11-- �{ Fax(720)250-1549 x 1 ��.y�►,, \Y� �,]br June 30, 2011 John W.Hickenlooper Governor Major General Weld County Board of County Commissioners H.Michael Edwards Attn: Monica Mika The Adjutant General 915 10th Street Greeley, CO 80632 Re: Lease Agreement dated November 20, 2008 (Contract Routing No. 09 OAA 00060), for the property located at 330 Park Avenue, Ft Lupton, CO 80621 Dear Ms. Mika: The State of Colorado, Department of Military and Veterans Affairs hereby respectfully requests an additional extension to the"Hold Over" provision of the above stated lease. The current"Hold Over" will continue for an additional month from 31 July 2011 and will terminate on 31 August 2011. All terms of the Lease Agreement will remain as stated. This letter also serves as the required 30-day notice that the Department intends to vacate the premises, located at 330 Park Avenue, Ft Lupton, CO 80621, on or before 31 August 2011. On behalf of the Department, I want to express our appreciation for the cooperative relationship between the Department and the Weld County Board of County Commissioners. If you have any questions, please contact me at (303) 720-250-1541. Sincerely, AunetJanek Janet Jones Director, Purchasing and Contracts cc: LTC Brian Mayard file Hello