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Home My WebLink About20112554.tiff RESOLUTION RE: APPROVE AMENDMENT TO LEASE AGREEMENT FOR THE GREELEY BUILDING AND AUTHORIZE CHAIR TO SIGN - COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSHIP 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 an Amendment to the Lease Agreement for The Greeley Building 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 Human Services, and Colorado Recovery Properties, Ltd. V Partnership, commencing October 1, 2011, and ending September 30, 2014, with further terms and conditions being as stated in said amendment, and WHEREAS, a hearing before the Board was held on the 21st day of September, 2011, at which time the Board deemed it advisable to continue said matter to September 28, 2011, in order to allow Judy Griego, Director, Department of Human Services,adequate time to renegotiate the lease agreement. WHEREAS, after review on September 28, 2011, the Board deems it advisable to approve the renegotiated 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 renegotiated Amendment to the Lease Agreement for The Greeley Building 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 Human Services, and Colorado Recovery Properties, Ltd. V Partnership, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said renegotiated amendment. 3orict) --0 CUSavv CC: Ns6 l 2011-2554 0 3-\\ /� 02 � i/ HR0082 HR0082 AMENDMENT TO LEASE AGREEMENT FOR THE GREELEY BUILDING - COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSHIP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of September, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CCOR[ADO ATTEST: ,a�F' (46iU ` ,iA ,/GiK �y a�_ Barbara Kirkmeyer Chair Weld County Clerk to the Board _- ' P" I . /_ , Seal . C. • a Pro-Tem BY: .vL./ . ii v C Deputy CI k to the Bo• illi F. Garcia APP D • i � � j,,„ e David E. Long ounty Attorney ougl Rademac er Date of signature: /0 ' ;1- /7 2011-2554 HR0082 MEMORANDUM 1861 - 2011 DATE: September 27, 2011 WELD co NTY TO: Barbara Kirkmeyer, Chair, Board of Commissioners FROM: Judy A. Griego, Director, Human Servi s ep m� SUBJECT: Amendment to the Lease Agreement between the Weld County Department of Human Services' and Colorado Recovery Properties, Ltd., V. Partnership Enclosed for Board approval is an Amendment to the Lease Agreement between the Department and Colorado Recovery Properties, Ltd., V. Partnership. This Lease Agreement Amendment was reviewed under a Pass-Around Memorandum dated September 8, 2011, and was presented at the September 21, 2011, Board meeting and continued for placement on a future Board Agenda. A new Pass-Around Memorandum dated September 23, 2011, was reviewed by the Board. This Amendment to the September 1, 2010, Lease Agreement is for the rental of office space and parking spaces at the Greeley Building located at 710 11th Avenue, Greeley, Colorado, used by the Parent Education Center. The Parent Education Center will continue the operations to conduct supervised visitation. This Amendment is to extend the current Lease Agreement dated September 1, 2010, for the period of October 1, 2011 through September 30, 2014, for a total of$131,436.00. We will continue to pay $3,651.00 per month for this period,which is the same amount we are currently paying. If you have any questions, give me a call at extension 6510. AMENDMENT TO LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, STATE OF COLORADO BY AND ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSHIP This Amendment, made and entered into the-9 7 day of September, 2011, by and between the County Commissioners, Weld County, State of Colorado, by and on behalf of the Weld County Department of Human Services, hereinafter referred to as "Lessee," and Colorado Recovery Properties, Ltd. V Partnership hereinafter referred to as "Lessor." WITNESSETH WHEREAS, the parties originally entered into a Lease on September 1, 2008, for office space and parking spaces at the Greeley Building located at 710 11th Avenue, Greeley Colorado, 80631; and WHEREAS, the Lease was subsequently modified by the Amendment To Lease Agreement Between the Board of County Commissioners, Weld County, State of Colorado, By And On Behalf Of The Weld County Department of Human Services And Colorado Recovery Properties, Ltd. V Partnership, dated September 1, 2010; and WHEREAS, the parties desire to extend the term of their current Lease agreement, as previously amended, by and through this Amendment; and WHEREAS, the Weld County Department of Human Services has currently budgeted and otherwise made available funds through the current fiscal year; and WHEREAS, the Lessor acknowledges that the Lessee is a governmental entity, and as such, may not receive the funding needed in subsequent fiscal years to pay the lease amount, in which case Lessee would be compelled to terminate this lease early pursuant to the terms of the Lease agreement. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: I. FINANCIAL OBLIGATIONS OF THE PARTIES The following Lessee financial obligations shall supplement the terms set forth in the Lease agreement: A. The building space and parking spaces specified in the Lease agreement shall be leased to the Lessee from October 1, 2011, through September 30, 2014, at and for a rental, for the full term aforesaid, of One-Hundred and Thirty-One Thousand Four-Hundred and Thirty- Six and no/100 Dollars ($131,436.00). Said rent shall be payable in monthly installments as follows: "V\ • 1. Three-Thousand Six-Hundred and Fifty-One and no/100 Dollars ($3,651.00)per month for the period from October 1, 2011, until September 30, 2012. 2. Three-Thousand Six-Hundred and Fifty-One and no/100 Dollars ($3,651.00)per month for the period from October I, 2012, until September 30, 2013. 3. Three-Thousand Six-Hundred and Fifty-One and no/100 Dollars ($3,651.00)per month for the period from October 1, 2013, until September 30, 2014. B. Each monthly installment shall be payable in advance on or before the first day of each calendar month during said term at the office of the Lessor. II. INTEGRATION This Amendment, together with the original Lease agreement and the Amendment dated September 1, 2010, constitute the entire understanding among the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in the Lease agreement. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day and year first written above. LESSEE: ATTEST: • BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO7 CLERK TO THE BOARD nFt a.vr,_ 2 COUNTY COMMISSION D'" '$.gs �.ti,� _ C --zc-� Barbara Kirkmeyer, Chair �r- By: c (Deputy) Cler�o the Board EP 2 3 2011 APP 'FORM: FORM: j eld County Attorney LESSOR: COLORADO RECO ERY PROPERTIES, LTD. V PARTNERSHIP By 474J lir M. Tyler Notestine, Date Thomas & Tyler, LLC (General Partner) Greeley, Colorado 2 ac/i- d55) STATE OF COLORADO ) COUNTY OF Weld County ) SUBSCRIBED ND SWORN to before me this 1 day of 2011, by M . Ty te r WITNESS my hand and official seal. P I' FIG ( ° \res: Notary Public�yy TT r: C) QUO silt g;a Fw.MC° 3 OIcy V sca-kJ AMENDMENT TO LEASE AGREEMENT BETWEEN THE OARD OF COUNTY COMMISSIONERS, WELD COUNTY, STATE OF COLORADO BY A ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSHIP This endment, made and entered into the day of August 2011, by and between the County Co missioners, Weld County, State of Colorado, by and on behalf of the Weld County Departm nt of Human Services, hereinafter referred to as "Lessee," and Colorado Recovery Propert s, Ltd. V Partnership hereinafter referred to as "Lessor." WITNESSETH WHEREAS, the arties originally entered into a Lease on September 1, 2008, for office space and parking spaces t the Greeley Building located at 710 11`h Avenue, Greeley Colorado, 80631; and WHEREAS, the Leas was subsequently modified by the Amendment To Lease Agreement Between the Boar f County Commissioners, Weld County, State of Colorado, By And On Behalf Of The Weld Co my Department of Human Services And Colorado Recovery Properties, Ltd. V Partnership, dat September 1, 2010; and WHEREAS, the parties desire extend the term of their current Lease agreement, as previously amended, by and through thi mendment; and WHEREAS, the Weld County Depa ent of Human Services has currently budgeted and otherwise made available funds through th current fiscal year; and WHEREAS, the Lessor acknowledges that e Lessee is a governmental entity, and as such, may not receive the funding needed in subsequ t fiscal years to pay the lease amount, in which case Lessee would be compelled to terminate thl lease early pursuant to the terms of the Lease agreement. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: I. FINANCIAL OBLIGATIONS OF THE PARTIES The following Lessee financial obligations shall supplement the t s set forth in the Lease agreement: A. The building space and parking spaces specified in the Lease agreement all be leased to the Lessee from October 1, 2011, through September 30, 2014, at and for a ental, for the full term aforesaid, of One-Hundred and Thirty-Four Thousand Seven-Hundr d and Thirty-Six and no/100 Dollars ($134,736.00). Said rent shall be payable in mo hly installments as follows: cRo ft-0)55'1 Old 'erkd Three-Thousand Six-Hundred and Fifty-One and no/100 Dollars ($3,651.00) per month for the period from October 1, 2011, until September 30, 2012. 2. Three-Thousand Seven-Hundred and Forty-Two and no/100 Dollars ($3,742.00) per onth for the period from October 1, 2012, until September 30, 2013. 3. Thr -thousand Eight-Hundred and Thirty-Five and no/100 Dollars ($3,835.00) per mont for the period from October 1, 2013, until September 30, 2014. B. Each monthl installment shall be payable in advance on or before the first day of each calendar month uring said term at the office of the Lessor. II. INTEGRATION This Amendment, toge er with the original Lease agreement and the Amendment dated September 1, 2010, constitute th entire understanding among the parties with respect to the subject matter hereof, and may not e changed or modified except as stated in the Lease agreement. IN WITNESS WHEREOF, the p ies hereto have hereunder set their hands and seals the day and year first written above. LESSEE: ATTEST: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO CLERK TO THE BOARD OF COUNTY COMMISSIONERS Barbar Kirkmeyer, Chair By: (Deputy) Clerk to the Board APPROVED AS TO FORM: Weld County Attorney LESSOR: COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSH By: ) e/ Al M. Tyler Notestine, Date Thomas & Tyler, LLC (General Partner) 2 : Ol- asst' Id V r Ytt Q • p� Gr ley, Colorado = v t. STAT F COLORADO sr COUNTY Weld County ) 4 'A � ,0 e� �� SUBSCRI D.AND WORN.to before me this g day of ItA S� 2011, by WITNESS my h and official seal. vetl/ ieica_ �`p Notary Public My commission expires: 3 Hello