HomeMy WebLinkAbout20100664.tiff RESOLUTION
RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES—GREELEY PLAZA,
LLC
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 of County Commissioners of Weld County, State of Colorado, at a
duly and lawfully called regular meeting held on the 5th day of April, 2010, at which meeting there
were present the following members: Chair Douglas Rademacher, and Commissioners
Sean P. Conway, William F. Garcia, Barbara Kirkmeyer, David E. Long, and
WHEREAS, notice of such meeting and an opportunity to be present has been given to the
taxpayer and the Assessor of said County,with said Assessor, Christopher Woodruff, being present,
and taxpayer Greeley, Plaza, LLC, not being present, and
WHEREAS, the Board of County Commissioners have carefully considered the attached
petition, and are fully advised in relation thereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Board concurs with the recommendation of the Assessor and the petition
be and hereby is, approved, and an abatement or refund be allowed as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$214,119.00 $17,188.55 2009
et: OaSe4.3or- App 3 �/ /0 20A8 664
TAX ABATEMENT PETITION — GREELEY PLAZA, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of April, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
‘11fr E %' WELD COUNTY, OLORADO
' n /�
ATTEST: e, . � 4�/SL'y^E'c Ate
o gla ademach= , Chair
Weld County Clerk to the •- a+ Nc. "
Barbara Kirkmeyer, ro-Tem
BY: C�
Dept Clerk the Board
Sean P. Convey
AP" S E■ OFe'M: (21_,‘
�
Willi araa
o vy Attorney ,C
I 1 David E. Long
''Date of signature: Lil i`�110
2010-0664
AS0075
/f ( /
PETITION FOR ABATEMENT OR REFUND OF TAXES 00
County: Weld Date Received 01/470/40 5
(Use Assessor's or Commissioners'Date Stamp)
'Lal°AP'' 2i Fi# 4: i 8
Section I: Petitioner,please complete Section I only.
Date: 01 22 2010
Month Day Year
Greeley Plaza LLC JAN 2 8 2010
Petitioner's Name:
Petitioner's Mailing Address: 15475 Gleneagle Dr '.�1
Colorado Springs Colorado 80921 •7/EEL,D COUNTY ASSESSOR
City or Town State Zip Code GREELEY, COLORADO
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
0961-05-3-15-022 822 7th Street,Greeley,Co
ak/o9yC, / v�
Petitioner states that the taxes assessed against the above property for the property tax year 2009 are
incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax.
Attach additional sheets if necessary.)
The Assessor's Office did not receive a lease for the State of Colorado(acting through the Office of the State
Public Defender)for an additional 12,578 sq ft of leased area from the State of Colorado Real Estate Specialist
until after the 2009 tax bills had been mailed. This area is exempt per House Bill 08-1395
Petitioner's estimate of value: $ ( )
Value Year
Petitioner requests an abatement or refund of the appropriate taxes.
I declare,under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits
tatements,has been prepared or examined by me,and to the best of my knowledge,information and belief,is
�tru tarred,and complete) ,,//
, (91 2;) u' 4f/ (b-zt i t) Daytime Phone Number f )
Petitioner's 5i nature
By Daytime Phone Number( )
Agent's Signature'
'Letter of agency must be attached when petition is submitted by an agent.
If the board of county commissioners,pursuant to section 39-10.114(1),or the property tax administrator,
pursuant to section 39.2.116,denies the petition for refund or abatement of taxes in whole or in part,the
petitioner may appeal to the board of assessment appeals pursuant to the provisions of section 39.2.125
within thirty days of the entry of any such decision,§39-10.114.5(1),C.R.S.
Section II: Assessor's Recommendation
(For Assessor's Use Only)
Tax Year 2009
Actual Assessed Tax
Original $6,532,563 $1,894,446 $152,081.85
Corrected $5,794,218 $1,680,327 $134,893.30
Abate/Rgfund $ 738,345 $ 214,119 $ 17,188.55
Q Assessor recommends approval as outlined above.
No protest was filed for the year: (If a protest was filed,please attach a copy of the NOD.)
O Assessor recommends denial for the following reason(s):
C 21/
Assessor's or Deputy Assessor's i re
15-DPT-AR No.920-66/06
2010-0664
• FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund filed pursuant to section 39-10-114 shall be acted upon pursuant to the provisions of this section by the
board of county commissioners or the assessor,as appropriate,within six months of the date of filing such petition,§39-1-113(1.7),C.R.S.
Section III: Written Mutual Agreement of Assessor and Petitioner
(Only for abatements up to$1,000)
The commissioners of County authorize the assessor by Resolution No.
to review petitions for abatement or refund and to settle by written mutual agreement any such petition for
abatement or refund in an amount of one thousand dollars or less per tract,parcel,or lot of land or per schedule
of personal property,in accordance with§39-1-113(1.5),C.R.S.
The assessor and petitioner mutually agree to the values and tax abatementlrefund of:
Tax Year
Actual Assessed Tax
Original
Corrected
Abate/Refund
Note:The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent lax payments,if
applicable. Please contact the county treasurer for full payment information.
Petitioner's Signature Date
Assessor's or Deputy Assessor's Signature Date
Section Iv: Decision of the County Commissioners
(Must be completed if Section III does not apply)
WHEREAS,The County Commissioners of County,State of Colorado,at a duly lawfully
called regular meeting held on / / ,at which meeting there were present the follow members:
Month Day Year
with notice of such meeting and an opportunity to be present having been given to e taxpayer and the Assessor
of said County and Assessor eing present—not present)and
Name
petitioner (being present-- present),and WHEREAS,The said
Name
County Commissioners have carefully considered the within pet' n,and are fully advised in relation thereto,
NOW BE IT RESOLVED,That the Board(agrees--does n gree)with the recommendation of the assessor
and the petition be(approved--approved in part--den' `))with an abatement/refund as follows:
Year Assessed Value Taxes Ab /Refund \ itee_ M h",,,/I K {`
Chairperson of the Boa of County Commissioners'Signature
County Clerk and Ex-officio Clerk of the Board of County Commissioners
in and for the aforementio d county,do hereby certify that the above and foregoing order is truly copied from the
record of the proceedi of the Board of County Commissioners.
IN WITNESS W REOF,I have hereunto set my hand and affixed the seal of said County
this day of
Month Year
County Clerk's or Deputy County Clerk's Signature
N e: Abatements greater than$1,000 per schedule,per year,must be submitted in duplicate to the Property Tax Administrator for review.
Section V: Action of the Property Tax Administrator
(For all abatements greater than$1,000)
e action of he Board of County Commissioners,relative to the within petition,is hereby
Lisa.. -•ed ❑Approved in part$ O Denitpd for the Ilgwing reason(s):
Secretary's Signature operty Tax Administrator's •n. re Date
15- T- No.920-66/06
01/29/2010
Re: Petition for abatement
Greeley Plaza LLC(JP Morgan Chase Bank—downtown Tower bldg)
822 7th Street
Greeley,Co
Attn: Chris
Our office had not receive a lease for area leased by the State of Colorado acting through the Office of
the State Public Defender for an additional 12,578 sq ft in the subject building until after tax bills had
been sent. This petition for abatement is to correct the amount of exempt area.
Attached: Petition for abatement for 2009
House Bill 08-1395
Original lease dated 07/05/2002
Lease amendments dated 05/20/2008&08/01/2008
Thanks for your help,
Chuck
#3676
RECEIVED
JAN 28 2010
WELD COUNTY AS.StSSOR
GREELEY, COLORADO
•
NOTE: This bill has been prepared for the signature of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet,the legislative
history,or the Session Laws.
HOUSE BILL 08-1395
BY REPRESENTATIVE(S)Marostica,Carroll T.,Ferrandino,Gardner B.,
Gardner C., Hodge, Kerr J., King, Looper, Lundberg, Marshall, Massey,
May M., McFadyen, McNulty, Mitchell V., Riesberg, Roberts, Rose,
Sonnenberg, Stephens, Summers, Swaim, Vaad, White, Witwer,
Garza-Hicks, Stafford, and Soper;
also SENATOR(S)Windels,Bacon,Perry,Gibbs,Mitchell S.,Schultheis,
Tupa, and Ward.
CONCERNING A PROPERTY TAX EXEMPTION FOR CERTAIN PROPERTY LEASED
BY GOVERNMENTAL ENTITIES THAT USE THE PROPERTY FOR
GOVERNMENTAL PURPOSES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 39-3-124(1),Colorado Revised Statutes,is amended
to read:
39-3-124. Property used by governmental entity - installment
sales or lease agreement-lease-purchase or leveraged lease agreement
-exemption. (1)(a) Property,real and personal,which THAT is used by the
state or any of its political subdivisions pursuant to the provisions of any
installment sales agreement, lease-purchase agreement, or any other
agreement whereby the state or such political subdivision shall be entitled
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
to acquire title to such property at the end of the agreement term without
cost or for only nominal consideration shall be exempt from the levy and
collection of property tax.
(b) (I) ON AND AFTER JANUARY 1, 2009, THE PART OF REAL
PROPERTY THAT IS USED BY THE STATE, A POLITICAL SUBDIVISION, OR A
STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION PURSUANT TO THE
PROVISIONS OF ANY LEASE OR RENTAL AGREEMENT FOR AT LEAST A
ONE-YEAR TERM, WITH OR WITHOUT AN OPTION TO PURCHASE, AND
PURSUANT TO WHICH THE SUBJECT REAL PROPERTY IS USED FOR PURPOSES
OF THE STATE, POLITICAL SUBDIVISION, OR INSTITUTION OF HIGHER
EDUCATION, AS APPLICABLE, SHALL BE EXEMPT FROM THE LEVY AND
COLLECTION OF PROPERTY TAX. IF THE STATE OR ANY POLITICAL
SUBDIVISION OR STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION
ENTERS INTO A LEASE OR RENTAL AGREEMENT OR IS ALREADY IN A LEASE OR
RENTAL AGREEMENT ON OR AFTER JANUARY 1,2009,AND IS EXEMPT FROM
THE LEVY AND COLLECTION OF PROPERTY TAX PURSUANT TO THIS SECTION,
THE STATE,POLITICAL SUBDIVISION,OR STATE-SUPPORTED INSTITUTION OF
HIGHER EDUCATION, AS APPLICABLE, SHALL FILE A COPY OF THE LEASE OR
RENTAL AGREEMENT WITH THE COUNTY ASSESSOR'S OFFICE. THE STATE OR
A POLITICAL SUBDIVISION OR INSTITUTION OF HIGHER EDUCATION SHALL
NOTIFY THE COUNTY ASSESSOR'S OFFICE IN THE EVENT THAT THE LEASE OR
RENTAL AGREEMENT IS TERMINATED PRIOR TO THE TERM STATED IN SUCH
LEASE OR RENTAL AGREEMENT. NOTHING IN THIS PARAGRAPH(b) SHALL
AFFECT PROPERTY TAX EXEMPTIONS ALLOWED PURSUANT TO SECTION
8-82-104, 22-32-127, 29-4-227, 30-11-104.2, 31-15-802, OR 43-1-214,
C.R.S.
(II) FOR PURPOSES OF THIS PARAGRAPH (b), "STATE-SUPPORTED
INSTITUTION OF HIGHER EDUCATION"INCLUDES,BUT NEED NOT BE LIMITED
TO,ALL POSTSECONDARY INSTITUTIONS IN THE STATE SUPPORTED IN WHOLE
OR IN PART BY STATE FUNDS,INCLUDING JUNIOR COLLEGES AND COMMUNITY
COLLEGES,EXTENSION PROGRAMS OF THE STATE-SUPPORTED UNIVERSITIES
AND COLLEGES, LOCAL DISTRICT COLLEGES, AREA VOCATIONAL SCHOOLS,
AND THE INSTITUTIONS GOVERNED BY THE REGENTS OF THE UNIVERSITY OF
COLORADO.
SECTION 2. Effective date. This act shall take effect at 12:01
a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a
PAGE 2-HOUSE BILL 08-1395
1 *
referendum petition pursuant to article V, section 1 (3) of the state
constitution, (August 6, 2008, if adjournment sine die is on May 7, 2008);
except that, if a referendum petition is filed against this act or an item,
section, or part of this act within such period,then the act, item, section, or
part, if approved by the people, shall take effect on the date of the official
declaration of the vote thereon by proclamation of the governor.
Andrew Romanoff Teter C. Groff
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
Marilyn Eddins Karen Goldman
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED
Bill Ritter, Jr.
GOVERNOR OF THE STATE OF COLORADO
PAGE 3-HOUSE BILL 08-1395
07 /05/ZOOZ,
LEASE AGREEMENT Sj 16 (
The printed portions of this form,except bold additions,have been reviewed
by the State of Colorado Attorney General and approved by the State Controller.
All additions to this low must be in bold type. All deletions must be shown by strike-through.
THIS LEASE AGREEMENT,made and entered into this 5th day of July, 2002, by and between GREELEY
LINCOLN PARK PROPERTIES, LLC, whose address or principal place of business is P.O. Box 535,
Greeley, CO 80632-0535, hereinafter referred to as"Lessor", and THE STATE OF COLORADO, acting
by and through the Office of the State Public Defender, hereinafter referred to as"Lessee".
WITNESSETH:
WHEREAS, as to Lessee, 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,appropriation code 005.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree
as follows:
1. PREMISES, TERM, RENT. (A) Lessor hereby leases and demises unto Lessee the premises,
hereinafter referred to as "Premises" within the building located at 822 7th St., Greeley, CO 80631,
hereinafter referred to as "Building" (including land, improvements, and other rights appurtenant thereto)
which Is a part of the Project. "Project"shall mean the Building, common areas, other areas and
appurtenances, plus the real property, as described in "Exhibit A" attached, on which the same Is
situated. The Premises, known and described as Suite 250, includes approximately Eight Thousand
One Hundred Sixty One (8,161) square feet of rentable floor area; being as shown on the plat attached
hereto, made a part hereof and marked"Exhibit B".
(8) TO HAVE AND TO HOLD the same, together with all appurtenances, unto Lessee, for the
term beginning October 1, 2002, and ending September 30, 2112, at and for a monthly rental for the full
term as shown below:
APPROXIMATED
ANNUALIZED
TERM DATES TERM RENT MONTHLY RENT SO. FOOT COST
10/1/2002-6/30/2003 $40,689 $4,521 I month $6.65/ref
7/1/2003-6/30/2004 $56,268 $4,6891 month $6.891 rsf
7/1/2004-6/30/2005 $95,892 $7,991 /month $11.751 ref
7/1/2005-6/3012006 $98,748 $8,229/month $12.10/ref
7/1/2006-6130/2007 $101,688 $8,474/month $12.46/ref
7/112007-6/30/2008 $104,700 $8,725/month $12.83/ref
7/1/2008 -6/30/2009 $107,808 $8,9841 month $13.21 /ref
7/1/2009-6/30/2010 $111,072 $9,2561 month $13.61 /ref
7/1/2010-6/30/2011 $114,420 $9,535/month $14.02/ref
7/1/2011 -6/30/2012 $117,840 $9,820/month $14.44/ref
7/1/2012-9/30/2012 $30,339 $10,113/month $14.87/ref
Rev.7-98 Page 1 of 17
Form AC-395-53-01-0018•L
The Premises is to be used and occupied as office space. Payment shall be made on the first of each
month during the term hereof,to the Lessor at
Greeley Lincoln Park Properties, LLC
do Thomas and Tyler, LLC
P.O.Box 535
Greeley,CO 80632-0535
or at such place as Lessor from time to time designates by notice as provided herein, subject to the
limitations and conditions set forth in article 11, Fiscal Funding and article 14, Federal Funding, herein.
2. SERVICES BY LESSOR. Lessor shall provide to Lessee during the occupancy of said Premises,
as a part of the rental consideration, the following:
(A) The Lessor shall provide the following utility services:
a. Air Conditioning and heat for normal purposes only,to provide in Lessor's
judgment, comfortable occupancy Monday through Friday from 7:00 a.m. to 8:00 p.m., Saturday,
8:00 a.m. to 1:00 p.m., and Sundays and Holidays excepted. In the event Lessee does request
after-hours air conditioning, heating,electrical/lighting,such services shall be available at the rate
charged by Lessor for such services from time to time.
b. Electric power furnished by Lessor is intended to be that consumed in
normal office use for the lighting,heating ventilating,air conditioning and small office machines.
c. Water for drinking, lavatory and toilet purposes from the regular Building
supply (at the prevailing temperature) through fixtures Installed by Lessor, (or by Lessee with
Lessor's written consent).
d. In the event that Lessee has unusual needs with regard to the services to
be provided by Lessor that would cause utilization to exceed that required for normal office use as
specified, including but not limited to, any unusual utility usage or installation, Lessee shall
immediately notify Lessor in writing of same. Lessor, at its option, may (i) cause same to be
separately metered at Lessee's expense including the expense of installation of such meters or(ii)
equitably estimate the cost thereof to be charged directly to Lessee at the rate charged by Lessor
for such services in the Building from time to time. The charge shall be payable as additional rent.
If Lessee fails to give Lessor written notice of L 's unusual needs for services, Lessor may
back-charge Lessee for an equitable amount to compensate Lessor for such extra usage.
(B) The Lessor shall provide the following janitorial and maintenance services:
a. Lessor shall supply public rest room supplies, public and demised area
lamp replacement, window washing with reasonable frequency, and janitorial services to the
Common Areas and Premises which shall include the vacuuming of carpeted areas twice per week
and the emptying of wastepaper baskets daily,during weekdays.
b. Lessor agrees to maintain the exterior and interior of the Building to
include lawn and shrub care, snow removal, maintenance of the structure, roof, floor and latent
defects,mechanical and electrical equipment,architectural finish,and so on,excluding only those
items specifically excepted elsewhere in this lease.
(C) Lessor does not warrant that any of the utility, janitorial or maintenance services
will be free from interruption to the extent that such interruption is beyond the reasonable control
of Lessor, or the result of an emergency. Upon reasonable advance notice to Lessee, except in
the case of an emergency, any of the utility,janitorial or maintenance services may be suspended
or limited by reason of accident or of necessary repairs,alterations or improvements,or by strikes
Rev.7-96 Page 2 of 17
Form AC395.53-01-0016-L
or lockouts,or by reason of operation of law, or causes beyond the reasonable control of Lessor.
Any such interruption or discontinuance of such services shall not be deemed a disturbance of
Lessee's use and possession of the Premises, or render Lessor liable to Lessee for damages,
abatement of rent or otherwise, or relieve Lessee from performance of Lessee's obligations under
this lease. However, Lessor shall use Its best efforts to maintain such services and to cause such
services to be restored promptly when interrupted.
3. WORK REQUIREMENTS. AU tenant finish alterations in the Premises, now and hereafter
the Uniform Federal Accessibility Standards, latest edition. Prior to the Premises being occupied by
Loscoo, Lector agrees to:
(A) IMPROVEMENTS TO PREMISES. The Work Letter Agreement, executed
simultaneously with this lease, describes the improvements to be constructed by Lessor in the
Premises and the expenses to be incurred as between Lessor and Lessee for their construction.
(B) COMMENCEMENT OF POSSESSION. If the Premises are not Substantially
Complete (as defined in the Work Letter Agreement), by the scheduled Lease Commencement
Date, subject only to Items which do not materially affect the use thereof, then the Lease
Commencement Date shall be extended to the date on which Lessor shall notify L that the
Premises are Substantially Complete. If Lessor fails to cause the Premises to be Substantially
Complete at the time of the scheduled Lease Commencement Date,(a)neither Lessor nor Lassoes
agents,officers,employees or contractors shall be liable for any damage,loss,liability or expense
caused thereby,(b)nor shall this Lease become void or voidable unless such failure continues for
more than fifteen (15) days after such scheduled Lease Commencement Date, in which case,
Lessee shall have the right to terminate this Lease upon fifteen (15) days' prior written notice to
Lessor; provided that the time for Lessor to perform shall be extended by Unavoidable Delay (as
defined herein below). Prior to occupying the Premises, Lessee shall execute and deliver to
Lessor a letter acknowledging the Lease Commencement Date and certifying that the Leasehold
Improvements are Substantially Complete and that Lessee has examined and accepted the
Premises. Lessee hereby authorizes any agent of Lessee who receives the keys to the Premises
on behalf of Lessee to execute and deliver such letter in Lessee's name. If Lessee fails to deliver
such letter, Lessee shall conclusively be deemed to have made such acknowledgment and
certification by accepting the keys to the Premises. UNAVOIDABLE DELAY shall mean any and all
delay beyond Lessor's reasonable control, including without limitation, Lessee Delay;
governmental restrictions, regulations, controls, preemptions or delays; orders of civil, military or
naval authorities; strikes, labor disputes, lock-outs, shortages of labor or materials or reasonable
substitutes therefor; delays caused by manufacturers and suppliers of goods and materials; Acts
of God; fire, earthquake, floods, explosions or other casualties; extreme weather conditions or
other actions of the elements; enemy action, civil commotion, riot or insurrection. LESSEE DELAY
shall mean any and all delay caused by any act or omission attributable to Lessee, or any of
Lessee's agents,contractors,servants,employees,or licensees.
4. LESSOR'S REPRESENTATIONS. (A) Lessor represents that either. (1) no"asbestos response
action", pursuant to that portion of the Colorado Air Quality Control Commission, Regulation 8 entitled
Emission Standards for Asbestos, hereafter referred to as"Regulation 8", is contemplated as a part of the
tenant finish for this lease; or(2) in the event that an "asbestos response action" is contemplated as a
part of the tenant finish for this lease, Lessor agrees to fully cooperate with Lessee in the Lessee's
exercise of its duties and responsibilities in accordance with Section V of Part B of Regulation 8.
(B) Lessor, in Lessor's sole opinion, represents that with respect to this lease and the Lessee's
Premises,the Building meets the requirements of the Americans with Disabilities Act.
5. MAINTENANCE OF PREMISES. Lessor shall, unless herein specified to the contrary, maintain
the Premises in good repair and in tenantable condition during the term of this lease, except in the event
of damage arising from an act or the negligence of Lessee, its agents or employees. Lessor shall have
Rev.7.98 Page 3 of 17
Form AC-395-53-01.0016.1
the right to enter the Premises at reasonable times for the purpose of making necessary inspections and
repairs or maintenance.
6. LESSOR'S OWNERSHIP. Lessor warrants and represents himself to be the owner of, or the
authorized representative or agent of the owner of, the leased Premises In the form and manner as stated
herein, and during the term of this lease covenants and agrees to warrant and defend Lessee In the quiet,
peaceable enjoyment and possession of the leased Premises. In the event of any dispute regarding
Lessor's ownership, Lessor shall immediately, upon request from and at no cost to Lessee, furnish proof
thereof by delivering to Lessee an"Ownership and Encumbrance Letter"issued by a properly qualified title
insurance company.
7. LEASE ASSIGNMENT. Lessee shall not assign this lease and shall not sublet the demised
Premises, except to a desirable lessee for a similar use and purpose, and will not permit the use of said
Premises to anyone, other than Lessee, its agents or employees, without the prior written consent of
Lessor,which consent shall not be unreasonably withheld or delayed.
8. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of this lease. My provision of
this lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision In whole or in part shall be valid or enforceable or
available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this lease to the extent
that this agreement is capable of execution.
9. EMINENT DOMAIN,TERMINATION OF LEASE. If the leased Premises shall be taken by right of
eminent domain, in whole or in part, then this lease, at the option of either party, shall forthwith cease and
terminate and the current rent shall be properly apportioned to the date of such taking; and in such event
the entire damages which may be awarded for such taking shall be apportioned between Lessor and
Lessee, as their interests appear.
10. DAMAGE AND DESTRUCTION. In the event the leased Premises are rendered untenantable or
unfit for Lessee's purposes by fire or other casualty,this lease will immediately terminate and no rent shall
accrue to Lessor from the date of such fire or casualty. In the event the leased Premises are damaged by
fire or other casualty so that there is partial destruction of such Premises or such damage as to render the
leased Premises partially untenantable or partially unfit for Lessee's purposes, either party may,within five
(5) days of such occurrence, terminate this lease by giving written notice to the other party. Such
termination shall be effective not less than fifteen (15) days from the date of mailing of the notice. Rent
shall be apportioned to the effective date of termination.
11. FISCAL FUNDING. (A) As prescribed by State of Colorado Fiscal Rules, it is understood and
agreed this lease is dependent upon the continuing availability of funds beyond the term of the State's
current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of
Colorado payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available. Further, the parties recognize that the act of
appropriation is a legislative act, and the Lessee hereby covenants to take such action as is necessary
under the laws applicable to the Lessee to timely and properly budget for, request of and seek and pursue
appropriation of funds of the Legislature of the State of Colorado which will permit Lessee to make all
payments required under this lease during the period to which such appropriation shall apply. In the event
there shall be no funds made available, this lease shall terminate at the end of the then current fiscal year,
with no penalty or additional cost as a result thereof to the Lessee.
(B) To make certain the understanding of the parties because this lease will extend beyond the
current fiscal year, Lessee and Lessor understand and intend that the obligation of the Lessee to pay the
monthly rental hereunder constitutes a current expense of the Lessee payable exclusively from Lessee's
funds and shall not in any way be construed to be a general obligation indebtedness of the State of
Colorado or any agency or department thereof within the meaning of any provision of Sections 1,2,3,4, or
5 of Article XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement
Rev.7-98 Page 4 of 17
Form AC-395.53-x1.0018-L
applicable to the State concerning the creation of indebtedness. Neither the Lessee, nor the Lessor on its
behalf, has pledged the full faith and credit of the State, or any agency or department thereof to the
payment of the charges hereunder, and this lease shall not directly or contingently obligate the State or
any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the
payment of the annual rental charges.
(C)With such limitations in mind, Lessee contracts to lease the Premises herein before described
and has reason to believe that sufficient funds will be available for the full term of this lease. Where, for
reasons beyond Lessee's control, Lessee's funding entity does not allocate funds for any fiscal period
beyond the one in which this lease is entered into, or does not allocate funds to continue this lease from
the then current fiscal period, such failure to obtain funds not resulting from any act or failure to act on the
part of Lessee, Lessee will not then be obligated to make the payments remaining beyond Lessee's then
current fiscal period. In such event, Lessee shall notify Lessor of such non allocation of funds by sending
written notice thereof to the Lessor forty-five(45)days prior to the effective date of termination.
(D) The parties hereto further understand and agree that the only funds that have or may be so
appropriated and available for payment under this lease in any one particular fiscal year are for the
purpose and in an amount sufficient only to pay the rental charges provided for in article 1 above.
Therefore, notwithstanding anything herein to the contrary, the payment by the Lessee of any other
charges, liabilities, costs, guarantees, waivers, and any awards thereon of any kind pursuant to this lease
against Lessee are contingent upon funds for such purpose(s) being appropriated, budgeted and
otherwise made available through the said State of Colorado legislative process.
12. COMPLETE AGREEMENT. This lease, including all exhibits, supersedes any and all prior written
or oral agreements and there are no covenants, conditions or agreements between the parties except as
set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have
any force or effect whatsoever unless embodied herein in writing. No subsequent novation, renewal,
addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written
contract executed and approved pursuant to the State Fiscal Rules.
13. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this
lease are for identification only, and shall be disregarded in any construction of the lease provisions. All of
the terms of this lease shall Inure to the benefit of and be binding upon the respective heirs, successors,
and assigns of both the Lessor and the Lessee. If any provision of this lease shall be determined to be
invalid, illegal, or without force by a court of law or rendered so by legislative act then the remaining
provisions of this lease shall remain in full force and effect.
14. FEDERAL FUNDING. In the event that any or all funds for payment of this lease are provided by
the Federal Government, this lease is subject to and contingent upon the continuing availability of Federal
funds for the purposes hereof, and if such funds are not made available this lease may be unilaterally
terminated by the Lessee at the end of any month provided a ninety (90) day advance notice of
termination is given to the Lessor in writing.
15. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee
has any personal or beneficial Interest whatsoever in the service or property described herein.
16. NO VIOLATION OF LAW. The signatories hereto aver that they are familiar with §18-8-301, et
seq., (Bribery and Corrupt Influences) and §18-8-401, et seq., (Abuse of Public Office), C.R.S., as
amended,and that no violation of such provisions Is present.
17. NOTICE. Any notice required or permitted by this lease may be delivered in person or sent by
registered or certified mail, retum receipt requested, to the party at the address as hereinafter provided,
and If sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage
attached thereto:
Rev.7.98 Page 5 of 17
Form AC-395-53-01-0016-L
Lessor. Lessee:
Greeley Lincoln Park Properties, LLC Attn: Rob Calkins
c/o Thomas and Tyler,LLC Colorado Public Defender
P.O.Box 535 110-16th Street, Suite 800
Greeley,CO 80632-0535 Denver,CO 80202
Notice of change of address shall be treated as any other notice.
18, HOLDING OVER. If Lessee shall fail to vacate the Premises upon expiration or sooner
termination of this lease, Lessee shall be a month-to-month Lessee and subject to all the laws of the State
of Colorado applicable to such tenancy. The rent to be paid by Lessee during such continued occupancy
shall be the same being paid by Lessee as of the date of expiration or sooner termination. Lessor and
Lessee each hereby agree to give the other party at least thirty(30)days written notice prior to termination
of this holdover tenancy.
19. CONSENT. Unless otherwise specifically provided, whenever consent or approval of Lessor or
Lessee is required under the terms of this lease, such consent or approval shall not be unreasonably
withheld or delayed and shall be deemed to have been given if no response is received within 30 days of
the date of request was made. If either party withholds any consent or approval, such party shall on
written request deliver to the other party a written statement giving the reasons therefore.
20. LESSEE LIABILITY EXPOSURE. Notwithstanding any other provision of this lease to the
contrary, no term or condition of this lease shall be construed or interpreted as a waiver of any provision of
the Colorado Governmental Immunity Act,§24-10-101 et seq., C.R.S.,as now or hereafter amended. The
parties hereto understand and agree that liability for claims for injuries to persons or property arising out of
the negligence of the State of Colorado, its departments, Institutions, agencies, boards, officials and
employees is controlled and limited by the provisions of§24-10-101, et seq., C.R.S., as now or hereafter
amended and §24-30-1501, et seq., C.R.S., as now or hereafter amended. Any provision of this lease,
whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as
to limit any liability of the Lessee to the above cited laws.
21. SECURITY DEPOSIT. Lessee shall not be required to remit a security deposit to Lessor.
22. INTERRUPTION OF SERVICES. Notwithstanding anything in this lease to the contrary, if there is
an interruption in essential services to the Premises (including, but not limited to HVAC, electrical service,
elevator service), and such interruption continues for a period of five(5)consecutive days, Lessee shall be
entitled to an abatement of rent for the period that such services are not provided to the extent that such
interruption interferes with the use of the Premises by the Lessee. If such interruption continues for a
period of ninety(90)days, Lessee shall have the option to cancel and terminate this lease without penalty.
23. LESSEE'S TAX EXEMPT STATUS. If because of Lessee's tax exempt status the Building is able
to reduce its tax liability (hereinafter"Building Taxes"), then Lessee's rental obligation shall be decreased
by the amount of the reduction in Building Taxes on a monthly prorata basis.
24. LESSEE'S INSURANCE. Lessee shall at its sole cost and expense, obtain insurance on its
inventory, equipment, and all other personal property located on the leased Premises against loss
resulting from fire or other casualty. The Lessee shall have the right to provide such insurance under a
self insurance program, or, at any time during the term of this lease, to provide such insurance through an
insurance company. With respect to general liability,the Lessor recognizes that the Lessee is self insured
for general liability in accordance with the provisions of the Colorado Govemmental Immunity Act and the
Colorado Risk Management Act, §24-30-1501, et seq.,C.R.S.,as amended.
25. BROKER REPRESENTATION: Lessor and Lessee acknowledge that is
acting-as-a-Landlord Agont on boh3if of Lessor in this transaction and is acting
in consideration of -acting as a Tenant Agent on behalf of the State of Colorado in
Rev.7-98 Page 6 of 17
Form AC-395-53-01-0016•L
thie transaction, will receivo a leasing commicsion by eeparate agreement with
26. LESSORNENDOR OFFSETS NOTICE. Pursuant to §24-30-202.4 C.R.S., the state controller
may withhold debts owed to state agencies under the vendor offset intercept system for. (a) unpaid child
support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges
specified in Article 21, Title 39, C.R.S., (c) unpaid loans due to the student loan division of the department
of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and
(e)other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing
as a result of final agency determination or reduced to judgment as certified by the controller.
27. ADDITIONAL PROVISIONS.
(A) PARKING. Lessee shall be allocated parking as described in "Exhibit C" attached
and shall observe, perform and abide by the applicable rules and regulations described therein.
(B) RULES AND REGULATIONS. Lessee shall observe, perform and abide by all the
rules and regulations promulgated by Lessor from time to time on a reasonable basis for the
benefit of the Project and its lessees. "Exhibit D" attached sets forth Lessor's Rules and
Regulations in effect on the date hereof.
(C) ADDITIONAL RENT; EXCESS OPERATING COSTS.
(a) Definitions.
i. "Lessee's Pro Rata Share" shall mean the ratio that Lessee's
rentable floor area of Eight Thousand One Hundred Sixty One(8,161)square feet bears to the total
rentable area of the Building of One Hundred Nineteen Thousand One Hundred Fifty Nine(119,159)
square feet,or approximately Six&851100 percent(6.85%);
ii. "Operating Costs for Real Estate Taxes", as said term Is used here,
shall consist of all real estate taxes and assessments and special assessments imposed upon the
Building or the Project by any governmental bodies or authorities, and all charges specifically
imposed in lieu of such taxes, which shall be computed on the accrual basis. The term "taxes"
shall not include: state, local or federal personal and corporate Income and inheritance taxes,
franchise, succession and transfer taxes; interest on taxes and penalties resulting from failure to
pay real estate taxes; and ad valorem taxes on Lessor's personal furniture and furnishings;
iii. "Operating Costs for Utility Charges", as said term is used here,
shall consist of all charges for electricity for the Building or the Project, of all charges for natural
gas for the Building or the Project,and of all charges for water,sewer and storm drainage for the
Building or the Project,all of which shall be computed on the accrual basis;
iv. "Excess Operating Costs" shall mean the difference between
Lessor's annual Operating Costs (as defined hereinabove) and the Operating Costs for the
calendar year 2002.
(b) PAYMENT OF EXCESS OPERATING COSTS.
I. Beginning July 1,2004, Lessee shall pay Lessee's Pro Rata Share of
any Excess Operating Costs for Real Estate Taxes for each calendar year which falls(in whole or
in part) during the Lease Term (prorated for any partial calendar year at the beginning or end of
the Lease Term);
ii. Beginning July 1,2004, Lessee shall pay Lessee's Pro Rata Share of
any Excess Operating Costs for Utility Charges for each calendar year which falls (in whole or in
Rev.7-98 Page 7 of 17
Form AC-395.5301-0016-L
........ .. .. ..
part)during the Lease Term (prorated for any partial calendar year at the beginning or end of the
Lease Term).
(C) NOTICE OF ACTUAL OPERATING COSTS.
i. As soon as possible each year, Lessor shall compute the actual
Operating Costs for Real Estate Taxes for the prior year, and shall give notice thereof to Lessee.
Within thirty (30) days after receipt of such notice, Lessee shall pay Lessee's Pro Rata Share of
any Excess Operating Costs for Real Estate Taxes for the prior calendar year (prorated for any
partial calendar year prior to or at the beginning or end of the Lease or Renewal Term).
ii. As soon as possible each year, Lessor shall compute the actual
Operating Costs for Utility Charges for the prior calendar year, and shall give notice thereof to
Lessee. Within thirty (30) days after receipt of such notice, Lessee shall pay any deficiency in
Lessee's Pro Rata Share of any Excess Operating Costs for Utility Charges for the prior calendar
year (prorated for any partial calendar year prior to or at the beginning or end of the Lease or
Renewal Term).
Lessee may be billed for Lessee's Pro Rats Share of any Excess
Operating Costs after the expiration or termination of this Lease or termination of Lessee's right to
possession of the Premises, and Lessee's obligation to pay such sums shall survive the
expiration or termination of this Lease or termination of Lessee's right to possession of the
Premises. Lessee shall have the right to audit the Lessor's books and records relating to
Operating Costs for a period of one (1) year following the Operating Costs assessment for the
previous year, and if such Operating Costs were overstated by more than 2%shall be entitled to a
refund for the overpayment and reimbursement of its reasonable costs and expenses in
conducting the audit.
Rev.7-98 Page 8 of 17
Form AC395S301.0016-L
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first
above written.
LESSOR:
GREELEY LINCOLN PARK PROPERTIES, LLC,
a Colorado limited liability company
By: Thomas&Tyler, LLC,
a Colorado limited liability compan
(Manager)
By:
M.Tyler Notestine, M- a•r
LESSEE:
THE STATE OF DO,act] g b nd through the Office of the State Public Defender
Davas. n
Colorado State bli Defender
Rev.7-96 Page 9 of 17
Form AC-395-53-01-0016.1
EXHIBIT A
LEGAL DESCRIPTION
The Premises are located In the Building which is a part of the Project located on land having the
following legal description:
Parcel 1:
Lots 1 through 26, Block 44, City of Greeley, together with the North-South alley adjacent to Lots
12 through 23 and the East-West alley adjacent to Lots 9 through 12, Lots 17 and 18, and Lots 23
through 26, Block 44, City of Greeley, County of Weld, State of Colorado.
Parcel 2:
Lots 9 and 10, the North 1/2 of Lots 11 and 12, Lots 13 through 20, also South 1/2 of vacant alley
adjacent to Lots 13 through 19,except the East 5 feet adjacent to Lot 19, except the West 8.65
feet of the South 1/2 of Lot 13, all in Block 37,City of Greeley, County of Weld, State of Colorado.
(for informational purposes only) 822 7'"St.,Greeley,Colorado
Rev.7.98 Page 10 of 17
Form AC-395.53-01.0018-L
EXHIBIT B
SPACE PLAN OF PREMISES
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EXHIBIT C
PARKING
"Project Parking Facilities", as said term is used here, includes those parking spaces located within the
Project and those municipal permit parking spaces purchased by Lessor from the City of Greeley and
which are located within a one and one-half(1-1/2)block radius of the Project.
Lessor hereby grants to Lessee a license to the use during the term of this lease, at no additional cost to
Lessee, of twelve(12) parking spaces in the Project Parking Facilities, of which not fewer than twelve(12)
shall be located within the Project.
Lessor hereby grants to Lessee a license to the use of ten (10)additional parking spaces("Additional Fee
Spaces")in the Project Parking Facilities. Lessee's license to the use of any or all of these Additional Fee
Spaces shall continue only through the period that they are held continuously by Lessee and not
relinquished to Lessor.
Additional Fee Spaces shall be charged at the rate charged by Lessor from time to time; however,
Lessor's rate for Additional Fee Spaces will not exceed Lessor's cost to purchase municipal permit parking
spaces from the City of Greeley.
The following rules and regulations shall apply regarding the Project Parking Facilities:
(a) Lessee agrees not to overburden the Project Parking Facilities and agrees to
cooperate with Lessor and other lessees in the use of Project Parking Facilities. Parking,for a lessee and
its employees and visitors, on those parking spaces located within the Project shall be on a "first come,
first served," unassigned basis, with Lessor and other lessees at the Project, and their employees and
visitors, and other persons to whom Lessor shall grant the right or who shall otherwise have the right to
use the same, all subject to these rules and regulations, as the same may be reasonably amended or
supplemented, and applied on a non-discriminatory basis. Notwithstanding the foregoing to the contrary,
Lessor reserves the right to assign specific spaces located within the Project, and to reserve spaces for
visitors, small cars, handicapped individuals, and other lessees,visitors of lessees or other persons, and a
lessee and its employees and visitors shall not park in any such assigned or reserved spaces. Lessor
may restrict or prohibit full size vans and other large vehicles. Lessor may set aside a portion of the
parking areas near the Building entrance for parking by visitors of the lessees. Lessor may, in its
reasonable discretion, change the location and nature of the parking spaces available to Lessee, provided
that after such change, there shall be available to Lessee approximately the same number of spaces as
available before such change.
(b) Access to the Project Parking Facilities may be controlled by a cardkey system;
cars must be parked entirely within the stall lines, and only small cars may be parked in areas reserved for
small cars; all directional signs and arrows must be observed; the speed limit shall be five miles per hour,
spaces reserved for handicapped parking must be used only by vehicles properly designated; every
parker is required to park and lock his own car, washing, waxing, cleaning or servicing of any vehicle is
prohibited; parking spaces may be used only for parking automobiles; parking is prohibited in areas: (i)not
striped or designated for parking, (ii) aisles, (iii)where "no parking" signs are posted, (iv) on ramps, and
(v) loading areas and other specially designated areas. Delivery trucks and vehicles shall use only those
areas designated therefor.
(c) In case of any violation of these provisions, Lessor may refuse to permit the
violator to park or to take such other steps necessary, Including but not limited to policing and towing,
without liability whatsoever, at such violator's risk and expense. Lessor reserves the right to close all or a
portion of the parking areas or facilities in order to make repairs or perform maintenance services, or to
alter, modify, re-stripe or renovate the same, or if required by casualty, strike, condemnation, act of God,
law or governmental requirement, or any other reason beyond Lessor's reasonable control. In the event
access is denied for any reason, any monthly parking charges shall be abated to the extent access is
denied, as Lessee's sole recourse. Lessee acknowledges that such parking areas or facilities located
within the Project may be operated by an independent contractor not affiliated with Lessor, and Lessee
Rev.7-99 Page 12 of 17
Form AC•39553-01-0015-L
acknowledges that in such event, Lessor shall have no liability for claims arising through acts or omissions
of such independent contractor, if such contractor is reputable.
Rev.7.98 Page 13 of 17
Form AC-395-53.01A016-L
EXHIBIT D
RULES AND REGULATIONS
Except as otherwise provided in any provision of this lease the following Rules and Regulations
shall apply:
1, On a continuous basis, Lessee will make reasonable efforts to advise its invitees and
visitors that access to its premises is through Lessee's main stairwell entrance located on the west (9th
Avenue) side of the Building. On a continuous basis, Lessee will make reasonable efforts to discourage
the use by its invitees and visitors of the Building's main elevator foyer entrance located on the north part
of the east(plaza)side of the Building. The sidewalks,entrances, halls, corridors,elevators and stairways
of the Building and Project shall not be obstructed or used as a waiting or lounging place by lessees, and
their agents, servants, employees, invitees, licensees and visitors. All entrance doors leading from any
leased premises to the hallways are to be kept closed at all times. This provision specifically excepts and
does not apply to any handicapped person who may need access through the Building's main elevator.
2. Lessor reserves the right to refuse admittance to the Building between the hours of 6:00
p.m. and 8:00 a.m. Monday through Saturday, and from 1:00 p.m. Saturday to 8:00 a.m. Monday to any
person not producing a key to its leased premises. In case of invasion, riot, public excitement or other
commotion, Lessor also reserves the right to prevent access to the Building during the continuance of
same. Lessor shall in no case be liable for damages for the admission or exclusion of any person to or
from the Building.
3. Lessor will furnish each lessee with two(2)keys to each door lock on its leased premises,
and Lessor may take a reasonable charge for any additional keys requested by any lessee. No lessee
shall alter any lock, or install new or additional locks or bolts on any door without the prior written approval
of Lessor. In the event of such alteration lessee shall supply Lessor with a key for any such lock or bolt.
Each lessee, upon the expiration or termination of its tenancy, shall deliver to Lessor all keys in any such
lessee's possession for all locks and bolts in the Building.
4. In order that the Building may be kept in a state of cleanliness, each lessee shall, during
the term of each respective lease, permit Lessor's employees (or Lessor's agents employees) to take
care of and clean its leased premises. No lessee shall cause any unnecessary labor by reason of such
lessee's carelessness or indifference in the preservation of good order and cleanliness of its leased
premises. Lessees will use reasonable efforts to see that (i) the windows are closed, (ii) the doors are
securely locked, and (iii) all water faucets and other utilities are shut off (so as to prevent waste or
damage) each day before leaving its leased premises. In the event lessees must dispose of crates,
boxes, etc., which will not fit into office waste paper baskets, it will be the responsibility of such lessee to
dispose of same. In no event shall any lessee set such items in public hallways or other areas of the
Building, excepting such lessee's own leased premises,for disposal.
5. All damage done to the Building by the delivery or removal of personal property,
equipment, trade fixtures, merchandise and other similar Items, or by reason of their presence in the
Building, shall be paid to Lessor, Immediately upon demand, by such lessee by, through, or under whom
such damage was done. No iron safe or other heavy or bulky object shall be delivered to or removed from
the Building, except by experienced safe men, movers or riggers approved in writing by the Lessor. There
shall not be used in any space, or in the public halls of the Building, either by such lessee or by jobbers or
others, in the delivery or receipt of merchandise, any hand trucks, except those equipped with rubber tires.
6. The walls, partitions, skylights, windows, doors and transoms that reflect or admit light
into passageways or into any other part of the Building shall not be covered or obstructed by any of the
lessees.
7. The toilet rooms, toilets, urinals, wash bowls and water apparatus shall not be used for
any purposes other than for those for which they were constructed or installed, and no sweepings,
rubbish,chemicals, or other unsuitable substances shall be thrown or placed therein. The expense of any
breakage, stoppage or damage resulting from violations of this rule shall be borne by such lessee by
Rev.7.98 Page 14 of 17
Form AC-395-53-01-0018-L
whom, or by whose agents, employees, invitees, licensees or visitors, such breakage, stoppage or
damage shall have been caused.
8. No sign, name, placard, advertisement or notice visible from the exterior of any leased
premises, shall be Inscribed, painted or affixed by a lessee on any part of the Building or Project without
the prior written approval of Lessor. All signs or letterings on doors, or otherwise approved by Lessor shall
be inscribed, painted or affixed at the sole cost and expense of such lessee, by a person approved by
Lessor. A directory containing the names of all lessees in the Building shall be provided by Lessor at an
appropriate place in the main level foyer of the Building.
9. Except as otherwise provided in a lessee's lease, no signaling, telegraphic or telephonic
instruments or devices, or other wires, instruments or devices, shall be installed in connection with any
leased premises without the prior approval of Lessor. Such installations, and the boring or cutting for
wires, shall be made at the sole cost and expense of such lessee and under control and direction of
Lessor. Lessor retains, in all cases, the right to require (i) the installation and use of such electrical
protecting devices that prevent the transmission of excessive currents of electricity into or through the
Building, (ii) the changing of wires and of their installation and arrangement underground or otherwise as
Lessor may direct, and (iii)compliance on the part of all using or seeking access to such wires with such
rules as Lessor may establish relating thereto. All such wires used by such lessees must be clearly
tagged at the distribution boards and junction boxes and elsewhere in the Budding,with (i)the number of
the leased premises to which said wires lead, (ii) the purpose for which said wires are used, and (iii) the
name of the company operating same.
10. Lessee, its agents, servants or employees,shall not, except as otherwise permitted under
its lease, (a) go on the roof of the Building, (b) use any additional method of heating or air conditioning in
its leased premises, (c) sweep or throw any dirt or other substance from its leased premises into any of
the halls, corridors, elevators, or stairways of the Building, (d) bring in or keep in or about its leased
premises any vehicles, bicycles or animals of any kind, (e) install any radio or television antenna or any
other device or item on the roof, exterior walls, windows or window sills of the Building, (f) place objects
against glass partitions, doors or windows which would be unsightly from the interior or exterior of the
Building, (g) use any leased premises: (1)for lodging or sleeping, (2) for cooking (except that the use by
any lessee of equipment for brewing coffee, tea and similar beverages shall be permitted as well as
counter top microwave cooking, provided that such use is in compliance with law), (3) for any
manufacturing, storage or sale of merchandise or property of any kind; and (h)cause or permit unusual or
objectionable odor to be produced or permeate from its leased premises, including, without limitation,
duplicating or printing equipment fumes. Lessee, its agents, servants and employees, invitees, licensees,
or visitors shall not permit the operation of any musical or sound producing instruments or device which
may be heard outside leased premises, Building, or which may emit electrical waves which will impair
radio or television broadcast or reception from or into the Building.
11. Lessees shall not store or use in any leased premises any (a) ether, naphtha,
phosphorous, benzol, gasoline, benzine, petroleum, crude or refined earth or coal oils, flashlight power,
kerosene or camphene, (b) any other flammable, combustible, explosive or illuminating fluid, gas or
material of any kind, and (c) any other fluid, gas or material of any kind having an offensive odor, without
the prior written consent of Lessor.
12. No canvassing, soliciting, distribution of hand bills or other written material, or peddling
shall be permitted in the Building or the Project, and lessees shall reasonably cooperate with Lessor in
prevention and elimination of same.
13. Lessee shall give Lessor prompt notice of all accidents to or defects in air conditioning
equipment, plumbing, electrical facilities or any part of appurtenances of leased premises.
14. If any leased premises becomes infested with vermin, any lessee, at its sole cost and
expense, shall cause its premises to be exterminated from time to time to the satisfaction of Lessor and
shall employ such exterminators as shall be approved by Lessor, except in the event such infestation Is
due to Lessor's culpable negligence or willful misconduct.
Rev.7-95 Page 15 of 17
Form AC395-53-01-0016-L
15. No curtains, blinds, shades, screens, awnings or other coverings or projections of any
nature shall be attached to or hung in, or used in connection with any door, window or wall of any leased
premises of the Building without the prior written consent of the Lessor, which consent shall not be
unreasonably withheld or delayed.
16. Wherever the word "lessee" occurs, it is understood and agreed that it shall also mean
any lessee's associates, employees, agents and any other person entering the Building or leased
premises under the express or Implied invitation of such lessee. Lessee shall cooperate with Lessor to
assure compliance by all such parties with rules and regulations.
17. Lessor reserves the right to make reasonable amendments, modifications and additions
to the rules and regulations heretofore set forth, and to make additional reasonable rules and regulations,
as in Lessor's reasonable judgment may from time to time be needed for the safety,care, cleanliness and
preservation of good order of the Building; provided that the same shall be non-discriminatory and applied
consistently to all lessees in the Building.
18. A lessee shall not do anything in its leased premises, or bring or keep anything herein,
which will in any way increase or tend to increase the risk of fire or rate of insurance,or which shall conflict
with the regulations of the fire department or the fire laws or with any Insurance policy on the Building or
any part thereof,or with any rules or ordinances established by Municipal Authority.
19. Lessor shall have the right, exercisable without notice and without liability to any lessee, to
change the name of the Building.
20. A lessee shall not in any manner use the name of the Project for any purpose other than
that of the business address of such lessee, or use any picture or likeness of the Project, in any
letterheads, envelopes, circulars, notices, advertisements, containers or wrapping material, without
Lessor's express consent in writing.
21. A lessee shall not overload any floor or part thereof in its leased premises or other areas
of the Building, including any public corridors or elevators therein bringing in or removing any large or
heavy articles, and Lessor may reasonably direct and control the location of safes and all other heavy
articles and reasonably require supplementary supports at the lessee's expense of such material and
dimensions as Lessor may reasonably deem necessary to properly distribute the weight.
22. The utility closets, telephone closets,electrical closets, and other such closets, rooms and
areas shall be used only for the purposes and in the manner designated by Lessor, and may not be used
by any lessees, or their contractors, agents, employees, or other parties, without Lessor's prior written
consent,which consent shall not be unreasonably withheld,conditioned or delayed.
23. Lessor reserves the right to exclude or expel from the Project any person who, in the
judgment of Lessor, is intoxicated or under the influence of liquor or drugs, or who shall in any manner do
any act In violation of any of these Rules and Regulations. Lessees shall not at any time manufacture,
sell, use or give away, any spirituous, fermented, intoxicating or alcoholic liquors on the Property, nor
permit any of the same to occur (except in connection with occasional social or business events
conducted in its premises which do not violate any laws nor bother or annoy any other lessees).
24. A lessee shall conduct no auction, fire or"going out of business" sale or bankruptcy sale
in or from its premises,and such prohibition shall apply to such lessee's creditors.
25. A lessee shall cooperate and comply with any reasonable safety or security programs,
including fire drills and air raid drills, and the appointment of"fire wardens" developed by Lessor for the
Property, or required by law. Before leaving Its premises unattended, a lessee shall close and securely
lock all doors or other means of entry to the premises and shut off all lights and water faucets in the
premises(except heat to the extent necessary to prevent the freezing or bursting of pipes).
28. Only authorized employees or agents of a lessee having a right of access to the roof of
the Building for the limited purpose of installing, maintaining and operating an antenna, or antenna, shall
be permitted on the roof of the Building. Any such lessee having an authorized antenna on the roof of the
Rev.7-98 Pege 16 of 17
Form AC•395-53-01-8016-L
Building shall provide the Lessor with a list of its employees and agents authorized,on behalf of the lessee
to enter onto the roof of the Building to install, maintain and operate the antenna. The Building manager
and the Building security personnel will maintain custody of the access key to the door providing access to
the roof of the Building. Authorized individuals shall be entitled to access to the roof during normal
business hours for all routine matters relating to installation, maintenance or operation of the antenna.
Access to the roof during non-business hours shall only be available in case of an emergency. Anyone
entering the roof shall stay within designated walkways and shall not throw, drop or allow foreign objects to
be blown over the edge of the root Any and all trash, paints, tools, or similar items shall be removed from
the roof and the area shall be left in a clean and neat condition.
27. The interior of the Building is a "non-smoking" environment. Lessees, their agents,
contractors, employees and invitees agree that smoking will be permitted in the outside plaza level areas
of Building Complex only.
Rev.7-98 Page 17 of 17
Form AC-395-53-01-0o16-L
WORK LETTER AGREEMENT
This Work Latter Agreement is entered into on this 5th day of July, 2002, by and between
GREELEY LINCOLN PARK PROPERTIES, LLC, P.O. Box 535, Greeley, Colorado 80632, (hereinafter
referred to as "Landlord"), and THE STATE OF COLORADO, acting by and through the Office of the State
Public Defender, (hereinafter referred to as "Tenant").
WITNESSETH:
Tenant and Landlord are executing, simultaneously with this Work Letter Agreement, a lease
agreement (the "Lease Agreement") relating to certain premises of that building located at 822 7th
Street, Greeley, Colorado (hereinafter referred to as "Leased Premises").
In consideration of the mutual covenants hereinafter contained, Landlord and Tenant mutually
agree as follows:
1. Definitions. The terms defined in this paragraph, for purposes of this Work Letter
Agreement, shall have the meanings specified herein.
1.1 Leasehold Improvements means all improvements to be constructed and installed
in the Leased Premises by the Landlord in accordance with the Construction Documents and in
accordance with the terms and conditions of this Work Letter Agreement.
1.2 Substantial Completion means that those Leasehold Improvements installed by
Landlord have been substantially completed according to the Construction Documents, except for items
which will not materially affect the use of the Leased Premises and which customarily are deemed to be
"punch list work".
1.3 final Costs means Landlord's actual total costs for performing the work to
design, construct and install the Leasehold Improvements installed by Landlord, including any and all
hard and soft costs, including the fees of any consultants, architects and engineers, construction
management fees, inspection fees, permits and taxes incurred in the performance of the construction
and installation of the Leasehold Improvements.
1.4 Tenant's Share, means that Initial portion of the Final Costs up to Twenty Five
Thousand & no/100 Dollars ($25,000.00), which amount shall be paid for by the Tenant.
1.5 Construction Allowance means that portion of the Final Costs,if any, exceeding
Twenty Five Thousand & no/100 Dollars ($25,000.00), which shall be paid for by the Landlord.
2. Construction Documents.
2.1 Tenant and Landlord have prepared and mutually approved, a space plan for the
Leased Premises, a copy of which is attached hereto as Schedule 1 (the "Space Plan").
2.2 Tenant and Landlord have prepared and mutually approved, all drawings, plans
and specifications (the "Construction Documents") necessary to construct the Leasehold Improvements
installed by Landlord.
3. Leasehold Improvements.
Page 1 of 5
1
3.1 Landlord estimates the cost of construction (the "Estimate") of the Leasehold
Improvements installed by Landlord according to the Construction Documents at approximately Twenty
Five Thousand &no/100 Dollars ($25,000.00). This Estimate represents Landlord's good faith estimate
of the cost of completing said Leasehold Improvements. Landlord shall have no liability if the Final Costs
are greater than the Estimate except to the extent they exceed Tenant's Share.
3.2 The following provisions shall apply to the construction of the Leasehold
Improvements installed by Landlord:
(a) All work involved in the completion of the Leasehold Improvements
installed by Landlord shall be carried out by Landlord and its agents and contractors under the sole
discretion of Landlord. Tenant shall cooperate, with Landlord and its agents and contractors to promote
the efficient and expeditious completion of said Leasehold Improvements;
(b) Landlord's contractor and authorized representative with respect to the
performance of the work related to the design, construction and installation of the Leasehold
Improvements installed by Landlord shall be Thomas and Tyler, LLC, the authorized agent and
representative of which shall be M. Tyler Notestine;
(c) Landlord agrees to construct said Leasehold Improvements in accordance
with the Construction Documents and will to utilize the quality of materials and finishing specified
therein;
(dl If Tenant requests any changes in the Leasehold Improvements installed
by Landlord, Tenant shall give Landlord notice of such requested change and each such change must
receive the prior written approval of Landlord, and Tenant shall bear the cost resulting from such
changes, to the extent that it is in excess of the Construction Allowance.
4. Completion of Improvements.
4.1 Landlord will make reasonable efforts to achieve Substantial Completion by
September 1, 2002. In the event of any delay in Substantial Completion including unavoidable delay
and excluding Tenant Delay (as defined below) then Tenant's rental obligation for the Leased Premises
will be abated for the period of such delay.
4.2 Tenant's rental obligation for the Leased Premises shall not be abated for any
delay in Substantial Completion attributable to Tenant Delay, including without limitation:
(a) Tenant's request for any changes in the Leasehold Improvements from
the work es reflected in the Construction Documents;
(b) Tenant's failure to furnish promptly,information or approvals concerning
Tenant's requirements pertaining to construction of the Leasehold Improvements or any other
information necessary or useful to prepare the initial drawings, plans and specifications which are to
comprise the Construction Documents;
(c) Tenant's failure to approve the initial drawings, plans and specifications,
which are to comprise the Construction Documents as provided in paragraph 2 herein.
5. Payments.
5.1 Within thirty (30) business days after Substantial Completion, Landlord shall
submit a statement of Final Costs (the "Statement")to the Tenant. Within thirty (30) business days of
Page 2 of 5
receipt of the Statement, Tenant shall approve the Final Costs. However, if Tenant requires additional
information regarding the Final Costs, Landlord shall promptly supply same and Tenant shall have five(5)
business days after receipt of such information to approve Final Costs.
5.2 Within thirty(30) business days after approval of Final Costs,Tenant shall pay to
Landlord that portion of Final Costs equivalent to Tenant's Share or, at its option, may elect to the
amortization of any portion thereof over the term of the Lease (or any shorter period as may be desired)
using a discount rate of eight percent (8.0%). However, the unamortized balance of Final Costs still
owed to Landlord, if any, at such time that Tenant vacates the Leased Premises shall be immediately
due and payable in full.
6. Miscellaneous Provisions. Landlord and Tenant further agree as follows:
6.1 Except as may be provided in the Lease Agreement and as herein expressly set
forth with respect to the Leasehold Improvements, Landlord has no agreement with Tenant and has no
obligation to do any work with respect to the Leased Premises. Any other work in the Leased Premises
which may be permitted by Landlord pursuant to the terms and conditions of the Lease Agreement,shall
be done at Tenant's sole cost and expense and in accordance with the terms and conditions of the Lease
Agreement.
6.2 This Work Letter Agreement shalt not be deemed applicable to any additional
space added to the Leased Premises described herein,whether by the exercise of any options under the
Lease Agreement or otherwise. The construction of any additions or improvements to the Leased
Premises not contemplated by this Work Letter Agreement shall be effected pursuant to a separate work
letter agreement, in the form then being used by Landlord and specifically addressing the allocations of
costs relating to such construction.
6.3 Any person signing this Work Letter Agreement on behalf of Tenant warrants and
represents he/she has authority to do so.
6.4 This Work Letter Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, legal representatives, successors and assigns.
Page 3 of 5
IN WITNESS WHEREOF, Landlord and Tenant have executed this Work Letter Agreement the day
and year first above written.
LANDLORD:
GREELEY LINCOLN PARK PROPERTIES, LLC,
a Colorado limited liability company
By: Thomas&Tyler, LLC,
a Colorado limited liability •mpany
(Manager)
�1/
M.T eP otest e, anager
TENANT:
THE STATE OF C• ORAD•, cting b nd rough the Office of the State Public Defender
By
David S. Kaplan
Colorado State Pu• is s:fender
Page 4 of 5
SCHEDULE 1
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STATE OF COLORADO
DEPARTMENT OF PERSONNEL AND ADMINISTRATION
OFFICE OF THE STATE ARCHITECT
REAL ESTATE PROGRAMS
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STANDARD
LEASE AMENDMENT[IMPROVED REAL PROPERTY]
SUCCESSOR LESSOR Greeley Plaza,LLC
LESSEE The State of Colorado, actin( by and through the Office of the
State Public Defender
LOCATION 822 7th Street, Greeley.CO 80631
Form—Amendment to Improved Real Property Lease
FIRST AMENDMENT TO LEASE
The printed portions of this form,except bold additions,have been
approved by the State of Colorado Attorney General
THIS FIRST AMENDMENT TO LEASE (this "First Amendment"), made and entered into
this 20th day of May ,, 2008 by and between Greeley Plaza, LLC, as "Successor Lessor", and The
State of Colorado, acting by and through the Office of the State Public Defender, as "Lessee" for
the purpose of amending that certain lease (the "Lease") dated July 5, 2002, by and between Uncoin
Park Properties, LLC, a Colorado limited liability company, as "Lessor" and Lessee, relating to the
leasing of a portion of the building located at 822 7th Street, Greeley, CO, Colorado 80631 (the
"Building"), comprised of eight thousand one hundred sixty-one (8,161) rentable square feet. The
location of the Building and the boundaries of the Premises are more specifically described and
shown in the Lease.
WHEREAS, Lessee wishes to expand the existing Premises and Successor Lessor is willing to
expand the Premises pursuant to the terms of this First Amendment to Lease; and
WHEREAS, as to Lessee, 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 JCA-005; and
WHEREAS, by this First Amendment to Lease, Lessor and Lessee wish to acknowledge that
Lessor conveyed the Building to the Successor Lessor by Assignment and Assumption of Lease
("Assignment and Assumption") dated January 8, 2008 ("date of attomment") a copy of which is
attached hereto and made a part hereof as Exhibit A.
WHEREAS, the Lease and this First Amendment to Lease are hereinafter sometimes collectively
referred to as the"Lease"; and
NOW, THEREFORE, Lessor and Lessee in consideration of the mutual promises contained herein,
hereto agree to amend the Lease as follows:
1. Pursuant to the terms and conditions of the Lease, Lessee hereby acknowledges said
conveyance and assignment from Lessor to Successor Lessor pursuant to the Assignment and
Assumption and Lessee further acknowledges attomment of the Lease with Successor Lessor as
Lessor pursuant thereto.
Further, Successor Lessor makes a covenant of non-disturbance to Lessee as follows:
(a) nothing in this agreement shall be construed as a waiver of any rights of the
Lessee against the Lessor;
(b) all payments previously made by the Lessee to the Lessor and all other previous
actions taken by the Lessee under the Lease, shall be considered to have discharged those
obligations of Lessee under the Lease as of the date of attornment; and
(c) Notwithstanding any default of Lessor under the Lease, if any, Lessee shall have
the right to remain in possession of the Premises in accordance with the terms of the Lease for so
long as Lessee shall not be in default under the Lease.
2. Amend ARTICLE 1 PREMISES, TERM, RENT by the addition to the Expansion
Premises of suite #390, comprised of two thousand eight hundred sixty-seven (2,867) rentable
square feet ("Expansion Premises"), shown on the floor plan attached hereto, made a part hereof
and marked "Exhibit B", for the term beginning the later of three business days following
Form-Amendment to Improved Real Property Lease Page 1 of 8
Substantial Completion of"Lessee Improvements" (as such term is defined in Exhibit C) or July 1,
2008 ("Commencement Date"), and ending September 30, 2012 concurrent with the Lease at and
for a monthly rental for the full term as shown below:
APPROXIMATED
ANNUAL RENT!
TERM DATE(S) TERM RENT MONTHLY RENT SQ. FOOT COST
Commencement Date
-06130/9 $37,873.07 $3,156.09 $13.21
07/01/09-06130/10 $39,019.87 $3,251.66 $13.61
07/01/10-06/30/11 $40,195.34 $3,349.61 $14.02
07/01/11 -06/30/12 $41,399.48 $3,449.96 $14.44
07/01/12-09/30/12 $10,658.07 $3,552.69 $14.87
'As defined in the existing lease agreement, the Tenant shall be additionally responsible for the costs
associated with Additional Rent; Excess Operating Costs during the lease term.
The above monthly rental is in addition to the monthly rental payable from Lessee to Lessor for
Suite 250.
if the term herein commences on a day other than the first day of a calendar month,then Tenant
shall pay to Landlord the rental for the number of days that exist prior to the first day of the
succeeding month,with a similar adjustment being made at the termination of the Lease.
PARKING: As part of the additional rental consideration for the expansion premises, the tenant is
provided with the following parking requirements in addition to those provided in the Lease: Four
(4) additional parking spaces will be provided to Lessee at no additional cost to Lessee and four (4)
"additional tee" parking spaces will be made available upon the request of Lessee. (See Exhibit C of
existing lease).
Payment of RENT shall be made on the first of each month during the term hereof,to the
Successor Lessor at:
Bethesda Real Estate Company
15475 Gleneagle Drive
Colorado Springs, CO 80921
OPTION TO RENEW: So long as Tenant is not in default under the Lease, Tenant shall have the
option to extend the term of the Lease for two (2) consecutive additional period(s) (each a
"Renewal Term") of five(5) or ten (10) years each. In order to exercise each option for a Renewal
Term, Tenant shall give written notice of such exercise to Landlord not later than six (6) months
prior to the end of the then effective term. All terms and conditions of this Lease shall remain in
effect during the Renewal Term(s) except: (I) Article 3 of the Lease (Work Requirements) of the
Lease shall not be applicable; (II) there shall be no Renewal Term beyond the two (2) Renewal
Term(s) described above, and the Rental Rate shall be at 100%of the then fair market Rental Rate
for comparably classed office buildings in the Greeley submarket.
The fair market Rental Rate shall be inclusive of all applicable market concessions, tenant
improvement allowances and transaction expenses normally incurred by a Landlord for
comparable office buildings in the Greeley submarket. The parties agree to execute a written
amendment to the Lease confirming the renewal term(s).
CONTINUOUS RIGHT OF FIRST OPPORTUNITY: During Tenant's initial term and any Renewal
Terms,Tenant shall have the Continuous Right of First Opportunity to lease vacant space on the 1st
Form-Amendment to Improved Real Property Lease Page 2 of 13
Floor, 2n° Floor and 3'° Floor ("Opportunity Space") as it becomes available from time to time. The
Continuous Right of First Opportunity shall activate when Tenant sends to Landlord a written notice
that it desires to expand ("Opportunity Notice"). During the six (6) month period following
Landlord's receipt of the Opportunity Notice, Landlord shall inform Tenant in writing of any
Opportunity Space,the date on which it will become available and the terms under which Landlord is
willing to lease such space. Thereafter,Tenant shall have ten (10) business days in which to notify
Landlord in writing of Its intention to exercise the Continuous Right of First Opportunity to lease
such Opportunity Space as described in Landlord's notice. In the event Landlord's notice Is rejected
hereunder by Tenant, the Continuous Right of First Opportunity may be reinstated by Tenant
following a minimum of three (3) months. Any Opportunity Space leased shall be coterminous with
this lease term and become a part of the Lease.
CON77NU0US RIGHT 01 FIRST REFUSAL: During the initial lease term and any Renewal Term,
Tenant shall have the Continuous Right of First Refusal to lease any vacant space on the 1st floor,
2nd floor and 3`d Floor of the Building as it becomes available from time to time. The Continuous
Right of First Refusal space shall be based upon the amount of space an interested third party
desires to lease. The fair market Rental Rate for such Continuous Right of First Refusal space
shall be at the then current fair market Rental Rate, inclusive of a new operating expense base
year and to include all applicable market concessions, tenant improvement allowances, and
transaction expenses normally Incurred by tenants for comparable office space transactions in the
Greeley office market, unless exercised during the initial twenty-four(24) months of the amended
lease term.
If Tenant exercises the Continuous Right of First Refusal during the initial twenty-four(24) month
period of the initial lease term,terms and conditions will be identical to those in the existing Lease
with the exception of the tenant improvement allowance,which shall be pro-rated based upon the
amount of lease term remaining. However, any space leased shall run coterminous with the
primary lease term and become a part of the Lease.
Landlord shall advise Tenant In writing of the portion of the Continuous Right of First Refusal
space which Landlord has received and/or made a bona fide offer to a third party. Thereafter,
Tenant shall have five (5) business days In which to notify Landlord in writing of its Intention to
exercise the Continuous Right of First Refusal to lease such space desired by said third party.
In the event Tenant rejects the Continuous Right of First Refusal and Landlord's offer is rejected
by a third party hereunder, the Continuous Right of First Refusal shall be reinstated. Any
Continuous Right of First Refusal space leased shalt be coterminous with this lease term and
become a part of the Lease.
3. Add new paragraph to ARTICLE 3. WORK REQUIREMENTS, as follows:
Prior to the Expansion Premises being occupied by Lessee, Successor Lessor agrees to perform
turnkey construction of the Lessee Improvements to the Expansion Premises identified and
described in Exhibit C, attached hereto and made a part hereof.
Anticipated Tenant Improvements include the following: All costs for Tenant Improvements shall be borne
by the Landlord, which shall include, but not be limited to hard and soft construction; architectural,
construction and MEP drawings and fees; electrical; mechanical alterations; construction management
and other items generally considered Tenant Improvements. Tenant shall be responsible for their own
voice and/or data requirements.
4. Add new paragraph to ARTICLE 4. LESSOR'S REPRESENTATIONS, as follows:
Tenant will not be responsible for capital improvements to bring Building into compliance with the ADA.
Form—Amendment to Improved Real Property Lease Page 3 of 8
•
5. Amend ARTICLE 17 NOTICE by revising Notice addresses as follows:
For Notices:
Lessor: Greeley Plaza, LLC
Bethesda Real Estate Company
15475 Gleneagle Drive
Colorado Springs, CO 80921
Lessee: Attn: Chief Officer for Administration &Operations
Office of the State Public Defender
1290 Broadway, Suite 900
Denver, CO 80203
6. Delete ARTICLE 23 and replace with new ARTICLE 23 TENANT'S TAX EXEMPT
STATUS. The Tenant's possessory interest in the real property created by this Lease may be
exempt from levy and collection of real property tax or may reduce Landlord's real property tax
obligation. If because of Tenant's leasehold interest and/or tax exempt status the Landlord is able
to reduce its tax liability on the Premises (hereinafter"Building Taxes"),then Tenant's rental
obligation shall be decreased by the amount of the reduction in Building Taxes on a monthly
prorated basis. Landlord agrees to cooperate with Tenant to apply for any required reassessment
of the Building or Premises in order for the Landlord to realize a real property tax reduction or for
Tenant to obtain a real property tax exemption.
7. Delete ARTICLE 24 and replace with new ARTICLE 24 INSURANCE.
(A) Landlord Insurance. Landlord and Landlord's contractors shall carry and
maintain the following insurance coverage with respect to the Premises during the term of this
Lease:
1) Commercial General Liability insurance covering operations by, or on behalf of,the
Landlord on an occurrence basis against claims for bodily injury, property damage and personal
injury liability with minimum limits of(a)$1,000,000 each occurrence; (b) $2,000,000 general
aggregate; (c)$2,000,000 products and completed operations aggregate.
2) Property Insurance covering the Building, including the Premises, its equipment,
and Landlord's Interest in improvements and betterments on an "All Risk" basis, including where
appropriate the perils of Flood and Earthquake. Coverage shall be written with a Replacement
Cost valuation.
3) Workers'Compensation Coverage for employees of the Landlord as required by
law and employer's liability insurance.
Alt policies will be written with carriers approved to do business in the State of Colorado,with an
A.M. Best Rating of at least A- VII and will be provided to Lessee upon request.
(B) Tenant Insurance. Tenant shall at its sole cost and expense, obtain insurance on its
inventory,equipment, and all other personal property located on the Premises against loss resulting from
fire or other casualty. The Tenant shall have the right to provide such insurance under a self-insurance
program, or, at any time during the term of this Lease, to provide such insurance through an insurance
company. With respect to general liability,the Landlord recognizes that the Tenant Is self insured for
general liability in accordance with the provisions of the Colorado Governmental Immunity Act and the
Colorado Risk Management Act, §24-30-1501, et seq., C.R.S., as amended.
8. Insert New ARTICLE 25 BROKER REPRESENTATION as follows: In regards to this
First Amendment, Lessor and Lessee acknowledge that T. Drew Notestine of Thomas &Tyler, LLC
Form—Amendment to Improved Real Properly Lease Page 4 of B
is acting as a Lessor Agent on behalf of Lessor in this transaction and Lessee is acting without a
Lessee Agent on behalf of Lessee in this transaction.
9. Delete ARTICLE 26 and insert new ARTICLE 26 LANDLORD/VENDOR OFFSETS
NOTICE. CRS §24-30-202.4.The State Controller may withhold debts owed to State agencies under
the vendor offset intercept system for: (a)unpaid child support debt or child support arrearages; (b)unpaid
balance of tax, accrued interest,or other charges specified in Article 21,Title 39, C.R.S., (c)unpaid loans
due to the student loan division of the Department of Higher Education; (d) owed amounts required to be
paid to the unemployment compensation fund; and (e)other unpaid debts owing to the State or any
agency thereof, the amount of which is found to be owing as a result of final agency determination or
reduced to judgment as certified by the State Controller,
10. Amend ARTICLE 27 Additional Provisions by revising as follows:
(a) Definitions.
I. "Lessee's Pro Rata Share"shall mean the ratio that Lessee's rentable floor area of
eleven thousand twenty-eight(11,028)square feet bears to the total rentable area of
the building of one hundred nineteen thousand one hundred fifty-nine(119,159)square
feet,or approximately nine and 25/100 percent(9.25%).
(b) Payment of Operating Costs.
iii. Tenant requires the following as It relates to Landlord's method of handling Taxes
& Operating Expenses:
a. There shall be a non-cumulative 10 percent cap per year on all controllable
operating expenses.
b. Consistency shall be used with all methods in calculating the Taxes&
Operating Expenses.
c. Generally accepted accounting principles shall be consistently applied in
calculating the Taxes & Operating Expenses.
d. The real estate taxes for all or any portion of any expense year(including the
Base Year)shall be adjusted by Landlord to reflect full assessment of an office
building at a minimum of ninety-five percent(95%)occupancy.
e. The variable components of operating expenses for all or any portion of any
expense year(Including the Base Year)shall be adjusted by Landlord to reflect
a minimum of ninety-five percent (95%)occupancy.
11. Insert with new ARTICLE 28 CONVEYANCE OF THE PREMISES, ASSUMPTION OF
LEASE, ATTORNMENT AND NON-DISTURBANCE.
(A) If the Landlord assigns this Lease or if the Premises are sold,transferred or conveyed,
(transaction constituting the"Assignment of the Lease"),within ten (10)days of the Assignment of the
Lease, the Landlord shall provide Tenant notice thereof pursuant to Article 17 of this Lease in a form
substantially in conformity with that described in Exhibit D. Said notice shall include the name and
address of New Landlord (any assignee of this Lease, or any purchaser of the Premises, or any
other successor owner or assignee of Landlord through foreclosure or deed in lieu of foreclosure
(the"New Landlord")),the New Landlord's Social Security or Federal Employer's Identification Number
Form—Amendment to Improved Real Property Lease Page 5 of 8
enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any
provision rendered null and void by the operation of this provision will not invalidate the remainder of this
Lease to the extent that this agreement is capable of execution. The Landlord shall strictly adhere to all
applicable federal and State laws, rules, and regulations that have been or may hereafter be established,
including those dealing with discrimination and unfair employment practice, in performing its obligations
under the Lease.
15. Add new ARTICLE 32 EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and CRS
2450-507. The signatories aver that to their knowledge, no State employee has any personal or
beneficial interest whatsoever in the service or property described herein.
Except as modified by the provisions of this First 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 First
Amendment to Lease and any of the provisions of the Lease, the provisions of this First Amendment to
Lease shall in all respects supersede, govern and control.
The effective date of this First Amendment to Lease is May 20th, 2008 or the latest date that Lessor or
Lessee has executed this First Amendment.
[Signatures appear on next page]
Form—Amendment to improved Real Property Lease Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year
first above written.
CORPORATIONS: SUCCESSOR LESSOR:
(A corporate attestation is requir: ) Greeley Plaza, LLC
ATTEST(Seal) � ES TA j: , BY: BETHESDA REAL ESTATE COMPANY,
O?p - •._ Cr",, a Co ado corporation, as Manag
By: Lam• — .
(Corporate Secretary or E•f :lan , ' : B '
Town/City/County Clerk) %`.. t f.f Dana L. Rasic, President
,,yam •,• COO 'c
(place corporate seal here, . .'::bie);..••'
If SUCCESSOR LESSOR is signing in their individual
capacity,attach Successor-Lessor affidavit verifying By
legal status pursuant to C.R.S.§24-76.5-101.
Date: May 27. 2OO8
8419841133889
Federal Tax Identification Number
LESSEE:
STATE OF COLORADO
Bill Ritter,Jr.,Governor
Acting by and through the
Office of the State Public Defender
By:
e CA-7)
•
Chief Officer for Admiaistrstion 8 Operations
.Ear
Douglas K.Wilson
Colorado State Public Defender
Date: May 20,2008
Form—Amendment to Improved Real Property Lease Page 8 of 8
EXHIBIT A
ASSIGNMENT AND ASSUMPTION OF LEASE
(AS FOLLOWS BEGINNING ON NEXT PAGE)
Exhibit A• 1
ASSIGNMENT AND ASSUMPTION 01?
LEASES ANDCURUTY DEPOSITS
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
GREELEY LINCOLN PARK PROPERTIES, LLC, a Colorado limited liability company,
COLORADO RECOVERY PROPERTIES, LTD. HI PARTNERSHIP, a Colorado limited
partnership, and ROBERT G. TOINTON, an individual, as tenants in common (collectively,
"Assignor"), hereby assigns and transfers to GREELEY PLAZA, LLC, a Colorado limited
liability company ("Assignee"), all of Assignor's right, title and interest in and to the leases and
security deposits set forth on Schedule "2" attached hereto and incorporated herein by this
refe once (collectively, the "Leases"), pertaining to the property described on Schedule 9"
attached hereto and incorporated herein by this reference (the "Property"), pursuant to that
certain Agreement of Purchase and Sale ("Agreement") executed between Assignor, as Seller,
and Assignee,as Buyer.
NOW, THEREFORE, Assignor hereby assigns, sells, transfers, sets over and delivers to
Assignee all of Assignor's estate, right, title and interest in and to the Leases, and Assignee
hereby accepts the Leases. Except as expressly provided in Sections 9 and 11 of the Agreement,
Assignee accepts the Leases in their current "AS-IS/WH KRE-IS" condition "WITH ALL
FAULTS" as of the Closing Date (as defined in the Agreement). Concurrently herewith
Assignor has delivered to Assignee originals and/or copies of the Lease.
Assignee hereby assumes the performance of all of the terms, covenants and conditions
imposed upon Assignor under the Leases scenting or arising on or after the Closing Date,
including, without limitation,the obligation to complete, at Assignee's expense, all uncompleted
tenant improvements and related build-out required under any Lease to the extent identified on
attached Schedule"1".
Assignee hereby agrees to indemnify, defend (with counsel reasonably acceptable to
Assignor) and hold harmless Assignor from and against any claims (including reasonable
attorneys' fees and costs, and court costs) arising from or related to Assignee's failure to perform
its obligations under the Leases accruing or arising after the Closing Date, including Assignee's
obligations with respect to the security deposits assigned to Assignee hereunder.
Assignor hereby agrees to indemnify, defend (with counsel reasonably acceptable to
Assignee) and hold harmless Assignee from and against any claims (including reasonable
attorneys' fees and costs,and court costs) arising from or related to Assignor's failure to perform
its obligations under the Leases accruing or arising on or before the Closing Date, including
Assignor's obligations with respect to the security deposits assigned to Assignee hereunder.
•
In the event of the bringing of any action or suit by a party hereto against another party
hereto by reason of any breach of any of the covenants,conditions, agreements or provisions on
the part of the other party arising out of this assignment, then in that event the prevailing party
shall be entitled to have and recover of and from the other party all costs and expenses of the
SACurro talents A•E31Hathesde 02106\Oroolay BultdmlAaipmeni and Astwrption of L ii,and Security Depmlts•Yltkit Page 1
•
action or suit,including reasonable attorneys' fees and costs, and court costs, and including post-
judgment costs of collection and expenses of appeal.
This assignment shall be binding upon and inure to the benefit of the successors,assigns,
personal representatives,heirs and legatees of the respective parties hereto.
This assignment shall be governed by, interpreted under, and construed and enforced in
accordance with,the laws of the State of Colorado.
This assignment may be executed in one or more counterparts, each of which shall be an
original, and all of which when taken together shall constitute one and the same instrument.
In the event a dispute,arises over an alleged breach of this instrument, the parties hereto
shall use their best efforts to settle such dispute. To this effect, they shall consult and negotiate
with each other in good faith and, recognizing their mutual interest, attempt to reach a just and
equitable solution satisfactory to both parties, If they do not reach such solution within 30 days,
the dispute shall be settled by binding arbitration administered by Judicial Arbitration and
Mediation Services in Denver, Colorado,in accordance with its commercial arbitration rules and
mediation procedures, and judgment on the award rendered by the Arbitrator(s) may be entered
in any court having jurisdiction thereof. All fees and expenses of the arbitration and mediation
shall be borne'by the parties equally. However, each party shall bear the expense of its own
counsel, experts, witnesses, preparation, and presentation of proofs. However, the prevailing
party shall be entitled to an award of reasonable attorneys' fees in addition to any'other remedy
or relief that the arbitrator deems just and equitable pursuant to the American Arbitration
Association rules,
[Remainder of page intentionally left blank]
BAcam.ncu.,,u A.B BeNhota 021O41Qrooley Buildin<1Aiii&mcr and Autrinplica Of Luau sad Security Deposits-YJ.doo Page 2
IN WHEREOF, Assignor and Assignee executed and delivered this assignment as of
this day of January,2008.
"ASSIGNOR": GREELEY LINCOLN PARK PROPERTIES,LLC,
a Colorado limited liability company
By: Thomas and Tyler Limited Liability Company,
a Colorado limited liability comp
•
Its: Manager
Y:
M.Tyler Not esti ger
COLORADO RECOVERY.PROPERTIES,LTD.III
• PARTNERSHIP,a Colorado limited partnership
By: Tyler and Tyler,Inc.,
a Colorado oorporation
Its: er
By..
.. 1
•
ROBERT .TO t TON
"ASSIGNEE:" GREELEY PLAZA,LLC,
a Colorado limited liability company
By: BIESDA REAL ESTATE COMPANY,
a Colorado corporation, as Manager
By:
Name: Dana L,Rasic
Title: President
•
s: (Olents A4Motiutda 02406NOrooley Bnitdins'Astip unt and Assemplion of Let es mid stoutly napalm-v3aoo Page 3
SCHEDULE"1"
DESCRIPTION OF PROPERTY
Parcel 1
Lots 1 through 26,Block 44. •
City of Greeley,together with the North-South alley adjacent to Lots 12 through 23 and the East-
West alley adjacent to Lots 9 through 12,Lots 17 and 18,and Lots 23 through 26,Block 44,
City of Greeley
County of Weld
State of Colorado
Parcel 2
Lots 9 and 10,the North 1/2 of Lots 11 and 12,Lots 13 through 20,
also South 1/2 of vacant alley adjacent to Lots 13 through 19,
except the East 5 feet adjacent to Lot 19,
.except the West 8.65 feet of the South 1/2 of Lot 13,
all in Block 37,
in the City of Greeley,
County of Weld
State of Colorado
Also described as follows:
Parcel 1:
Lots 1 though 26,Block 44
City of Greeley,together with the North-South alley adjacent to Lots 12 through 23 andthe Bast-
West alley adjacent to Lots 9 through 12, Lots 17 and 18, and Lots 23.through 26, Block 44,
City of Greeley
• County of Weld
State of Colorado
Parcel 2
Lots 9 and 10,the North 1/2 of Lots 11 and 12,all of Lots 13 through 20,
also South 1/2 of vacant alley adjacent to Lots 13 through 19,
except the East 5 feet adjacent to Lot 19,and
except the West 8.65 feet of the South 1/2 of Lot 13
all in Block 37
in the City of Greeley, according to the Plat thereof recorded September 1970 in Map Book 2,
County of Weld
State of Colorado
IMOtirrenkkaltiois A481Both cid 01a0ti1A+eeky Bnildluelfail.Uwtatt and ANWnpS{on atLumr end 8aauity Dopodh'V340o Page 4
CHASEPLIU4 /822??4 St, Greeley, CO 80631 SCHEDULE-r-us7 OF
Tenant Security Deposit Ledger - as of January 2008 LEASES&SECDEPOSITS
Butte LSE
:..:... .:.. ..:.::............. .....:.... .........:. .TENANT DATE............,.:.....:.. ..:.....:...:..:..,.._:.. ....:... .....:. ,: . .,:.:.8AL..... ,..:.
Main BANK ONE-MAIN 12/27/99
009
MARILYN MUSGRAVE 3129/07
200
2nd SSA OFFC H RNG&APPEAL 9111/03
210
COLO LIVESTOCK ASSOC 3/1/02
220114
ALLIANCE PHARMAC.GRP LLC 9/27/06 2,819.00
250
CO STATE PUB.DEFEN DER 7/6102
270
HOUTCHENS DANIEL&G.. LLO 6/22102
3001#10/annex main level
BANNER HEALTH SYSTEM 3/30/01
380
STANLEY C PEEK 7130/04
360
CO DIV VOCATIONAL REHAB 10/27/06
606
6Th VERIZON ,,WIRELESS 1113/06
WI
NATL ONION ASSOC 1/10/00
816/680/660
KU NC 1/1/01
- 520-B
MARIA B FOSTER 1/26106 426.00
620-C
KEN DYER 4119/07 299.00
640
MELVIN DINNER PC 6111104
660
UPSTATE CO ECON DEV 2/29/00
6001610/6201830/740
8m LEXTRON INC 8/11103
700
7th PI-IELPS-TOINTON INC 1/27/00
760
NCMPR 8/1106 600.00
760
WIIWER OLDENBERG ETAL 3/22/06
Annx annexll
Main ROCKY MOUNTAIN SER 1/20/O0 1.100.00
#3
BREAD BOARD LLC 1/27/06
#5
GREELEY POLICE SUBSTN JJ06
114 SYNGISTIC LLC 1/27/06 660.00
rooftop 3121194
Root 9 NEWS
rooftop
Roof CRICKET COLORADO 6/30/01
rooftop
Root WHATWIRE LLC 113106
east("H"permit)parking lot
CITY OF G REELEY 219/00
. �......::.::i:JiiiEr:.p..:.. +i:•�o-•,:,;; +.nyFJ:E•:..4+:i'°i'i°i!{t{i{!f3ta{}!ii"'
`:'::6i •:: 3 ::::}:i:i: !i:!!!}..... :?ii`i{::�:.�:i�'9: .: . . . : :n:.≥f..i...:... ..i !:md:- ra@ , :U:k•:. :.>ar. • •• '1l
mil{ i!i�!}.rn .4,:.:.:::�sl; .:.:.::.�:+J}:�!/}1:1111,: .:�il:i,: o-e n;?:}.:.S.....:.I. ::e•: :.. .,. u: S::..i •i.nf• !.u•.:: >o>.i: .ii
�i!;}r!!!.:::,: �:., ....:.::. �y!}� :�� .: i :.:. . . .1,:= a.:. :. .t:. : 6.198.00 If
.:;n ;,n•;.;.,+;:;,•:, v.}.(:p }:�!!!A}..:: :;:.::{�+✓4 . ':.,�y,!.�y� '� .. ..:.,.rf-r}.:,. . }::.:.1.4,'. 3 : .1.:•l}aa.:. q:::}.ia.�f !:c rr:.
.o:S;., S.+..::,: ..:..n..{. ;•:.:...., n.n t.P.,!. : ,. t��.. .,c..,.!.,. :.,..P }• ::. :, 't.+ni::L'i,:.• .. nl:}::air'i:!!; ;i�:p:::4i';•1:.,}.r:a. ..c+�..�:rvi} .d•=:i:�!4ayy.:}.::::r.:{s•:�::: ,:.!}:::n}+i ,?:3v:::s:}',:I;ii"sS,.., •;:;:;b{:. .�'.}.::;.:•; ,u.:..... :...: .:•....:.:... .:. ..:.
:}:.:::i:i Vii+?f:3'� }:;.�F(.}iv.:.:•:;.•:1..:.....,3...1..}. I............ •:.'i!!:iii@ag::::::�o-.;.:.r.:.nx.re::.:.:
EXHIBIT B
EXPANSION PREMISES
(AS FOLLOWS BEGINNING ON NEXT PAGE)
Exhibit B- 1
- I
I!
II
II
II
Ii l'
II
II
II
II
II
II
I'
II
,Sur ? l a:.^_naEc _..,•..:_,( . ,, 1
Lessor's Authorized Representative shall be:
Greeley Plaza, LLC
Dana L. Rasic
Carlyn Sieck
15475 Gleneagle Drive
Colorado Springs, CO 80921
Either Lessee or Lessor may change its Authorized Representative by written notice to the other
given in accordance with the notice requirements of this Lease.
(C) Field Change Orders. If Lessee requests any change to Lessee Improvements, then Lessee
shall submit a written request to Lessor ("Lessee's Request"). After receiving Lessee's Request,
Lessor shall cause its architect to prepare such plans and specifications to incorporate Lessee's
Request into the Lessee improvements (at Lessee's cost) and a proposed field change order
("FCO") as soon as reasonably possible thereafter. The FCO shall set forth all charges and
credits resulting from Lessee's Request (the "Stipulated Sum"). The Stipulated Sum shall be
formulated using the actual cost of the design work and the cost of the work from the
subcontractors less any savings attributable to changing the work specified on Exhibit E. Lessor
shall not proceed with any work that is the subject of a Lessee's Request and detailed in a
proposed FCO until Lessee has approved the FCO in writing. The Lessee shall have five (5)
business days after receipt of an FCC (or a revised FCO, as applicable) to approve or provide
written comments or objections thereto to Lessor. Any such approval shall not be unreasonably
withheld, conditioned or delayed. Lessee shall be responsible for any and all delays in
construction caused by Lessee's approved FCO provided that Lessor shall use commercially
reasonable efforts and diligently pursue the completion of the work associated with such FCC.
Each FC0 approved by Lessee will be the sole responsibility of Lessee and shall be due and
payable by Lessee within ninety (90) days from the date of receipt by Lessee of Lessor's invoice
for such costs, which shall only be issued following Substantial Completion (defined below) of
construction of the Lessee Improvements or completion of the work associated with such FCO,
whichever is later.
(D) Substantial completion of Lessee Improvements shall occur upon the following: (I)
Lessor's Architect deems the Premises substantially complete and in conformance with the
Lessee Improvements as described in Exhibit E; (ii) Lessor has obtained all required approvals, if
any, for Lessee's occupancy from all state, county and/or municipal agencies; (iii) Lessee has
provided written acceptance of the condition of the Premises subject to the"Punch List" as herein
after described; and (iv) all systems and services to be furnished by the Lessor pursuant to the
terms and conditions of the Lease are in operation, ("Substantial Completion"). Such acceptance
shall not be unreasonably withheld, conditioned or delayed. Upon Substantial Completion Lessor
shall provide Lessee written notice of Substantial Completion.
Punch list: Within three (3) business days after Lessee's receipt of Lessor's notification of
Substantial Completion, Lessee and Lessor shall perform an inspection of the Premises and shall
jointly prepare a written punch list of deficient items, undiscovered defects or additional work, if
any ("Punch List"). Completion of the final Punch List shall be subject to Lessee's approval. In
the event Lessor does not complete all Punch List items within thirty (30) days of the date the
Punch List is prepared (except for those Punch List items that cannot reasonably be completed
within thirty (30) days, provided Lessor commences construction of Punch List items and
diligently pursues the same to completion).
(E) Notwithstanding any other provision of this Lease, if Substantial Completion has not
occurred within one hundred twenty (120) days from the date this Lease is fully executed, then
Lessee may terminate this Lease without penalty; however, if Lessor is delayed by Lessee's acts
Form- Improved Real Propem Lease t LF) Page C 2
Rev.8'2007
or failure to act or requests for change orders, or for delays due to an occurrence of an event of
force majeure, casualties, acts of God, strikes, shortages of labor or materials or other causes
beyond the reasonable control of Lessor (collectively, "Excused Delays"), then the above-referred
to one hundred twenty (120) day period for Lessor's performance of Substantial Completion of the
Premises shall be automatically extended for the same amount of time Lessor is delayed
Lessor acknowledges and agrees that Lessee, its agents, employees, and contractors shall be
granted access to the Premises in coordination with Lessor's contractors during the construction
and installation of Lessee Improvements for the sole purpose of wiring the telephone and
computer systems; installing card reader system and other security devices; and installing
conference rooms audio/visual systems and installing furniture systems, if applicable.
Notwithstanding the foregoing, Lessor may withdraw such permission to enter the Premises prior
to the Substantial Completion date at any time that Lessor reasonably determines that such entry
by Lessee is causing a dangerous situation for Lessor, Lessee or their respective contractors or
employees, or if Lessor reasonably determines that such entry by Lessee is hampering or
otherwise preventing Lessor from proceeding with the completion of the Lessee Improvements.
All terms of this Lease, except the obligation to pay rent, shall apply and be in effect on and after
the day that Lessee is given access to the Premises including Article 24(B) Tenant Insurance. If
Lessee enters the Expansion Premises prior to delivery from Lessor, then the insurance
obligations of Lessee in the Lease shall apply to the Expansion Premises as If the Expansion
Premises were a part of the Premises. Lessee agrees to cause its contractor to obtain, prior to the
commencement of any work, "builders all risk" insurance and workers compensation insurance.
Form-Improved Real Property Lease(LF) Page C-3
Rev 8/_047
EXHIBIT E
LESSEE IMPROVEMENT PLANS
Landlord shall turnkey the construction for the premises per mutually-approved space
plan ("Lessee Improvement Plans"), attached here as Exhibit E. Anticipated tenant
improvements include the following:
All costs for tenant improvements shall be borne by landlord, which shalt include, but not
be limited to hard and soft construction; architectural, construction and MEP drawings and fees;
electrical; mechanical alterations; construction management and other items generally
considered tenant improvements. Tenant shall be responsible for their own voice and/or data
requirements.
(AS FOLLOWS BEGINNING ON NEXT PAGE)
og f o l 12008
•
8) ib1
ci
SECOND AMENDMENT TO LEASE Zre(°7
The printed portions of this form,except bold additions,have been 1 55 O O.
approved by the State of Colorado Attorney General
125'7846
THIS SECOND AMENDMENT TO LEASE(this "SECOND Amendment"),made and entered into
this 1" day of August, 2008 by and between Greeley Plaza, LLC, as "Lessor", and The State of
Colorado, acting by and through the Office of the State Public Defender, as "Lessee" for the
purpose of amending that certain lease (the "Lease") dated July 5, 2002, as amended in the first
instance on the 20'a of May, 2008, and as currently held by and between Lincoln Park Properties,
LLC, a Colorado limited liability company, as "Lessor" and Lessee, relating to the leasing of a
portion of the building located at 822 7th Street, Greeley, CO, Colorado 80631 (the "Building").
The location of the Building and the boundaries of the Premises are more specifically described
and shown in the Lease.
WHEREAS, Lessee wishes to expand the existing Premises and Lessor is willing to expand the
Premises pursuant to the terms of this SECOND Amendment to Lease; and
WHEREAS, both Lessor and Lessee agree that the Lessee's occupancy and acceptance of the
expansion premises and commencement of this Second Amendment to the Lease Is subject to the
early termination of an existing, currently active lease for the "Expansion Premises" (known as
Suite 220) as currently held by and between Alliance Pharmaceutical, LLC and Lessor; both Lessor
and Lessee agree that the Lessee's occupancy and acceptance of the Expansion Premises and
commencement of this Second Amendment to the Lease is subject to the mutual acceptance of early
termination by the Lessor and by Alliance Pharmaceutical, LLC of their currently active, held lease
for the Expansion Premises; both Lessor and Lessee agree that the Lessee's occupancy and
acceptance of the expansion premises and commencement of this Second Amendment to the Lease
is subject to the surrender of the Expansion Premises by Alliance Pharmaceutical, LLC in good
repair and in a clean and sanitary condition prior to commencement of this Second Amendment to
the Lease.
WHEREAS, Lessor hereby agrees that Lessor shall cause to occur its own acceptance and mutual
agreement with Alliance Pharmaceutical, LLC for the early termination of the Lease currently active,
existing and held by and between the Lessor and Alliance Pharmaceutical, LLC for the Expansion
Premises; Lessor hereby agrees that Lessor shall cause to occur the surrender of the Expansion
premised by Alliance Pharmaceutical, LLC in good repair and in a clean and sanitary condition;
Lessor shall cause these developments to occur in order to ensure Lessee's timely occupancy and
acceptance of the expansion premises and commencement of this Second Amendment to the Lease.
WHEREAS, as to Lessee, 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, GIRL Account Number JCA-005; and
WHEREAS, the Lease and this SECOND Amendment to Lease are hereinafter sometimes
collectively referred to as the"Lease"; and
Form-Amendment to Improved Real Property Lease Page 2 of 8
{
•
NOW, THEREFORE, Lessor and Lessee in consideration of the mutual promises contained herein,
hereto agree to amend the Lease as follows:
1. Amend ARTICLE 1 PREMISES, TERM, RENT by the addition to the Expansion Premises of
SUITE#220, comprised of one thousand five hundred fifty (1.550) rentable square feet("Expansion
Premises"),shown on the floor plan attached hereto, made a part hereof and marked "Exhibit A",for
the term beginning the later of three business days following Substantial Completion of "Lessee
Improvements" (as such term is defined in Exhibit C)or November 1,2008 ("Commencement Date"),
and ending September 30, 2012 concurrent with the Lease at and for a monthly rental for the full
term as shown below:
APPROXIMATED
ANNUAL RENT/
TERM DATE(S) TERM RENT MONTHLY SQ. FOOT COST
RENT
Commencement Date
-06/30/09 $13,650.33 $1,706.29 $13.21
07101/09 -06/30/10 $21,095.50 $1,757.96 $13.61
07/01/10 -06/30/11 $21,731.00 $1,810.92 $14.02
07/01/11 -06/30/12 $22,382.00 $1,865.17 $14.44
07101/12 -09/30/12 $5,762.13 $1,920.71 $14.87
`As defined in the existing lease agreement, the Lessee shall be additionally responsible for the costs
associated with Additional Rent; Excess Operating Costs during the lease term.
The above monthly rental is in addition to the monthly rental payable from Lessee to Lessor for
combined Suite 250-290 and Suite 390
ff the term herein commences on a day other than the first day of a calendar month, then Lessee
shall pay to Lessor the rental for the number of days that exist prior to the first day of the
succeeding month,with a similar adjustment being made at the termination of the Lease.
PARKING: As part of the additional rental consideration for the expansion premises, the Lessee is
provided with the following parking requirements in addition to those provided in the Lease:Two(2)
additional parking spaces will be provided to Lessee at no additional cost to Lessee and Two (2)
"additional fee" parking spaces will be made available upon the request of Lessee. (See Exhibit C of
existing lease).
Payment of RENT shall be made on the first of each month during the term hereof, to the
Successor Lessor at:
Bethesda Real Estate Company
15475 Gleneagle Drive
Colorado Springs, CO 80921
2 Add new paragraph to ARTICLE 3.WORK REQUIREMENTS, as follows:
Prior to the Expansion Premises being occupied by Lessee, Successor Lessor agrees to perform
turnkey construction of the Lessee Improvements to the Expansion Premises identified and
described in Exhibit C, attached hereto and made a part hereof.
Anticipated Tenant Improvements include the following: All costs for Tenant Improvements shall be borne by
the Lessor, which shall include, but not be limited to hard and soft construction; architectural, construction
Form-Amendment to Improved Real Property Lease Page 3 of 8
and MEP drawings and fees; electrical; mechanical alterations; construction management and other items
generally considered Tenant Improvements. Lessee shall be responsible for their own voice and/or data
requirements and any cabinetry that may be required.
3. Add new paragraph to ARTICLE 4. LESSOR'S REPRESENTATIONS, as follows:
Lessee will not be responsible for capital improvements to bring Building into compliance with the ADA.
4. Insert New ARTICLE 25 BROKER REPRESENTATION as follows: In regards to
this Second AMENDMENT, Lessor and Lessee acknowledge that T. Drew Notestine of Thomas &
Tyler, LLC is acting as a Lessor Agent on behalf of Lessor in this transaction and Lessee is
acting without a Lessee Agent on behalf of Lessee in this transaction.
5. Amend ARTICLE 27 Additional Provisions by revising as follows:
(a) Definitions.
i. "Lessee's Pro Rata Share" shall mean the ratio that Lessee's rentable floor area of
twelve thousand five hundred seventy-eight (12,576) square feet bears to the total
rentable area of the building of one hundred nineteen thousand one hundred fifty-nine
(119,159)square feet,or approximately ten and 56/100 percent(10.56%).
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 August 1", 2008 or the latest date that
Lessor or Lessee has executed this SECOND AMENDMENT.
[Signatures appear on next page]
Form•Amendment to Improved Real Property Lease Page 4 of 8
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first
above written.
CORPORATIONS: SUCCESSOR LESSOR:
(A corporate attestation is required, C.R.S. § _) Greeley Plaza, LLC
ATTEST(Seal)
(Corporate Secretary or Equtval t, or By:
Town/City/County Clerk)
(place corporate seal here,if available)
if SUCCESSOR LESSOR Is signing in their individual
capacity,attach Successor-Lessor affidavit verifying
legal status pursuant to C.R.S. §24.75.5-101. By.
Date: y( (Do
841133889
Federal Tax Identification Number
LESSEE:
STATE OF COLORADO
Bill Ritter,Jr., Governor
Acting by and through the
Office of the State Public Defender
By: 01)14
s FC. son
Coloro State Public Defender
Date: August 1, 2008
it
Form-Amendment to Improved Real Property Leese Page 5 of
EXHIBIT A
EXPANSION PREMISES
(AS FOLLOWS BEGINNING ON NEXT PAGE)
Exhibit B-1
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EXHIBIT B
EXPANSION PREMISES LESSEE IMPROVEMENTS
(A) Construction by Lessor. Lessor, at Lessor's sole cost and expense, shall provide Lessee
leasehold improvements (the "Lessee Improvements"), as identified on the space plans dated
August 1, 2008, attached hereto as ("Exhibit C") (the "Lessee Improvement Plans"). Lessor agrees
to incur all costs sufficient to build out the Premises turn-key which shall include, but not be
limited to, hard and soft construction costs; building standard window blinds; architectural,
construction and MEP drawings; space planning; electrical wiring; mechanical alterations;
construction management; and other items generally considered Lessee Improvements, to be
provided by Lessor and built out pursuant to this Exhibit B. As part of such costs, Lessee may
work with space planners/designers employed by Lessor. Lessor shall use its best efforts to
complete construction of the Lessee Improvements and cause the Commencement Date of the
SECOND AMENDMENT to commence by November 1, 2008.
Parties acknowledge the Lessor and Lessee have mutually selected an architect satisfactory to the
parties ("Lessor's Architect"). If, at any time, it becomes necessary to engage a new architect,
Lessor shall first obtain Lessee's approval, which approval shall not be unreasonably withheld.
Lessor shall ensure that full architectural, mechanical, electrical, and engineering drawings and
construction documents are produced for Lessee Improvements, which shall be submitted to the
Lessee for its approval. At a minimum, Lessor will impose those building construction standards
mandated by local building code. Lessee shall have ten (10) business days from receipt of Lessee
Improvements and specifications for the construction of Lessee Improvements to approve the
plans and specifications or provide written comments or objections thereto. Any such approval
shall not be unreasonably withheld, conditioned, or delayed.
Lessor shall be responsible for contracting for the work, approved in writing by the Lessee and
managing the contractor's performance. All contractors and subcontractors shall be required to
procure and maintain insurance against such risks, in such amounts, and with such companies as
Lessor may reasonably require. All work shall be performed in a good and workmanlike manner
free of defects, shall strictly conform to the Lessee Improvements and comply with law, including
the Americans with Disabilities Act.
Lessor shall provide all utilities, including electrical, HVAC, water, etc., during the construction of
the Lessee Improvements at no cost to Lessee.
(B) Lessee's and Lessor's Authorized Representatives. In connection with the requirements of
this Exhibit B, Lessor and Lessee agree that Lessee and Lessor shall act only through its
respective authorized representative ("Lessee's Authorized Representative" and "Lessor's
Authorized Representative") for all Inquiries, requests, instructions, correspondence, approvals or
communications with respect to said Lessee Improvements. Lessor may only rely on all approvals,
requests, instructions or other information obtained from Lessee's Authorized Representative and
Lessee may only rely on all approvals, requests, Instructions or other information obtained from
Lessor's Authorized Representative.
Lessee's Authorized Representative shall be:
Douglas D.Tracey
Chief Officer for Administration & Operations
OFFICE OF THE STATE PUBLIC DEFENDER
1290 Broadway, Suite 900
Denver, CO 80203
Ph: (303) 764-1400
E-mail: douglas.traceveetate.co.us
Fort"-Improved Real Ropeny Lease(LF) Page C-7
Rev.812007
Lessor's Authorized Representative shall be:
Greeley Plaza, LLC
Dana L. Basic
Carlyn Sled(
15475 Gleneagie Drive
Colorado Springs, CO 80921
Either Lessee or Lessor may change its Authorized Representative by written notice to the other
given in accordance with the notice requirements of this Lease.
(C) Field Change Orders. If Lessee requests any change to Lessee Improvements, then Lessee
shall submit a written request to Lessor ("Lessee's Request"). After receiving Lessee's Request,
Lessor shall cause its architect to prepare such plans and specifications to incorporate Lessee's
Request Into the Lessee Improvements (at Lessee's cost) and a proposed field change order
("FCO") as soon as reasonably possible thereafter.The FCO shall set forth all charges and credits
resulting from Lessee's Request (the "Stipulated Sum"). The Stipulated Sum shall be formulated
using the actual cost of the design work and the cost of the work from the subcontractors less
any savings attributable to changing the work specified on Exhibit C. Lessor shall not proceed with
any work that is the subject of a Lessee's Request and detailed in a proposed FCO until Lessee
has approved the FCO in writing. The Lessee shall have five (5) business days after receipt of an
FCO (or a revised FCO, as applicable) to approve or provide written comments or objections
thereto to Lessor. Any such approval shall not be unreasonably withheld, conditioned or delayed.
Lessee shall be responsible for any and all delays in construction caused by Lessee's approved
FCO provided that Lessor shall use commercially reasonable efforts and diligently pursue the
completion of the work associated with such FCO. Each FCO approved by Lessee will be the sole
days from the
responsibility of Lessee and shall be due and payable by Lessee within ninety (90) y
date of receipt by Lessee of Lessor's Invoice for such costs, which shall only be Issued following
Substantial Completion (defined below) of construction of the Lessee Improvements or
completion of the work associated with such FCO, whichever is later.
(D) Substantial completion of Lessee Improvements shall occur upon the following: (i) Lessor's
Architect deems the Premises substantially complete and in conformance with the Lessee
Improvements as described In Exhibit C; (II) Lessor has obtained all required approvals, if any, for
Lessee's occupancy from all state, county and/or munidpal agencies; (Ili) Lessee has provided
written acceptance of the condition of the Premises subject to the "Punch Ust" as herein after
described; and (iv) all systems and services to be furnished by the Lessor pursuant to the terms
and conditions of the Lease are in operation, ("Substantial Completion"). Such acceptance shall not
be unreasonably withheld, conditioned or delayed. Upon Substantial Completion Lessor shall
provide Lessee written notice of Substantial Completion.
Punch list: Within three (3) business days after Lessee's receipt of Lessor's notification of
Substantial Completion, Lessee and Lessor shall perform an inspection of the Premises and shall
jointly prepare a written punch list of deficient items, undiscovered defects or additional work, If
any ("Punch Ust"). Completion of the final Punch Ust shall be subject to Lessee's approval. In the
event Lessor does not complete all Punch List items within thirty (30) days of the date the Punch
Ust is prepared (except for those Punch Ust Items that cannot reasonably be completed within
thirty (30) days, provided Lessor commences construction of Punch List items and diligently
pursues the same to completion).
(E) Notwithstanding any other provision of this Lease, if Substantial Completion has not occurred
within one hundred twenty (120) days from the date this Lease is fully executed, then Lessee
may terminate this Lease without penalty; however, if Lessor is delayed by Lessee's acts
Form.Improved Real Property Lease(LF) Page C-8
Rev.82007
.
or failure to act or requests for change orders, or for delays due to an occurrence of an event of
force majeure, casualties, acts of God, strikes, shortages of labor or materials or other causes
beyond the reasonable control of Lessor(collectively, "Excused Delays"), then the above-referred to
one hundred twenty (120) day period for Lessor's performance of Substantial Completion of the
Premises shall be automatically extended for the same amount of time Lessor is delayed.
Lessor acknowledges and agrees that Lessee, its agents, employees, and contractors shall be
granted access to the Premises in coordination with Lessor's contractors during the construction
and installation of Lessee Improvements for the sole purpose of wiring the telephone and
computer systems; installing card reader system and other security devices; and installing
conference rooms audio/visual systems and installing furniture systems, If applicable.
Notwithstanding the foregoing, Lessor may withdraw such permission to enter the Premises prior to
the Substantial Completion date at any time that Lessor reasonably determines that such entry by
Lessee Is causing a dangerous situation for Lessor, Lessee or their respective contractors or
employees, or if Lessor reasonably determines that such entry by Lessee is hampering or
otherwise preventing Lessor from proceeding with the completion of the Lessee Improvements.
All terms of this Lease, except the obligation to pay rent, shall apply and be in effect on and after
the day that Lessee is given access to the Premises including Article 24(B) Tenant Insurance. If
Lessee enters the Expansion Premises prior to delivery from Lessor, then the Insurance
obligations of I Pcsee in the Lease shall apply to the Expansion Premises as if the Expansion
Premises were a part of the Premises. Lessee agrees to cause its contractor to obtain, prior to the
commencement of any work, "builders all risk" Insurance and workers compensation insurance.
Form•Improved RS Property Lase(ice} PageC.9
Rev.8/2007
. •
EXHIBIT C
LESSEE IMPROVEMENT PLANS
Lessor shall turnkey the construction for the premises per mutually-approved space plan
("Lessee Improvement Plans"), attached here as Exhibit C. Anticipated tenant improvements include
the following:
All costs for tenant improvements shall be borne by Lessor, which shall include, but not be
limited to hard and soft construction; architectural, construction and MEP drawings and fees;
electrical; mechanical alterations; construction management and other items generally considered
tenant improvements. Lessee shall be responsible for their own voice and/or data requirements and
any cabinetry that may be required.
Lessor agrees to complete at its sole cost and effort the following tenant improvements prior
to commencement of this Second Amendment to the lease:
• Within Suite 220:
o As shown in the plan, Lessor shall build a floor to ceiling demising wall to
create a conference room that will contain the large open area that begins at
the current entry to the SUITE and will be closed off just beyond the
beginning of the existing shelved nook that is adjacent to the open area and the
3 existing window offices.
o As shown in the plan, Lessor shall also remove existing built-in
workstations/partial-wall partitions that are currently situated within that large
open area.
o As shown in the plan, Lessor shall additionally remove shelving from the nook
that is adjacent to the three existing enclosed perimeter window offices.
o Lessor shall ensure and make modifications to ensure adequate electrical,
lighting, sprinkler and HVAC systems are in place to meet code and
commercially reasonable Lessee requirements.
o Lessor shall paint the entirety of SUITE 220 and shall re-carpet as needed in
relation to irreparable damage or inconsistencies of quality caused by the
necessary removal of existing structures in Suite 220, and may patch carpet
with the prior approval of the Lessee in each instance of patching. Lessor
shall thoroughly shampoo-clean all existing carpets that will remain.
• In order to conjoin SUITE 250-290 to SUITE 220:
o As shown in the plan, Lessor shall create a door way similar to those existing
within the suites in the demising wall that exists between SUITE 250-290 and
SUITE 220 that will in effect connect SUITE 250-290 to SUITE 220.
o As shown in the plan, within SUITE 250-290, Lessor shall remove doorway
and curtain wall above doorway that currently exists as the entry to an
office/storage room at the end of the hallway within SUITE 250-290 adjacent
to the conjoining opening that will be created in the demising wall between
SUITE 250-290 and SUITE 220. This entry wall to the office/storage room
shall be removed in its entirety to the ceiling and to the width of the existing
hallway within SUITE 250-290 and shall be finished in the same manner as
the existing hallway. Lessor shall build a new entrance with no door, with a
curtain wall above existing doorway heights to said storage room/office that is
similar to existing entry wall/door to enter onto the newly extended conjoining
hallway between SUITE 250-290 and SUITE 220. Lessor shall build two
closets within this storage room: one client clothes closet including clothing
bars and shelves as similar to that recently built in Suite 390, and one supply
closet with shelves also built as similar to that recently built in suite 390.
Lessor shall finish all drywall and all openings that are created to effect a
seamless transition between SUITE 250-290 and SUITE 220 to replicate
current finishes in the suites.
o Lessor shall ensure and make modifications to ensure adequate electrical,
lighting, sprinkler and HVAC systems are in place to meet code and
commercially reasonable Lessee requirements associated with modification
made herein to join SUITE 250-290 to SUITE 220.
o Lessor shall also paint and replace/repair carpet within SUITE 250-290 as
needed and directly associated with/necessitated by the modifications made to
reconfigure the storage room/office entry in SUITE 250-290 and as needed to
conjoin the SUITE 250-290 and SUITE 220 as one suite.
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This is certified as a true
ocny of the fully executed
co'ict. The amo imbranoe NON-DISTURBANCE AGREEMENT
r..:Lrabar and 001111.0 eillOunt
r - correct. state Lease I.D. No#
Contract Routing No. 08 IHA 00616
MANS FIRST AMENDMENT TO LEASE
, 'the printed portions of this form,except bold additions,have been
CD �`( approved by the State of Colorado Attorney General
THIS FIRST AMENDMENT TO LEASE, made and entered into this�j day of114L42008, by
and between Greeley Plaza, LLC, a Colorado limited liability company, as "Successor Lessor", and
The State of Colorado, acting by and through the Department of Human Services, for the use and
benefit of the Division of Vocational Rehabilitation, as "Lessee", for the purpose of amending that
certain lease having Contract Routing No, 07-IHA-00428 and C. E. No. IHA-REHB0501558, (the"Lease")
dated, by and between Greeley Lincoln Park Properties, LLC, a Colorado limited liability company,
as "Lessor", and Lessee relating to the leasing of a portion of the building (the "Building"), located at
822 7th Street, Greeley, Colorado 80631, The Premises area under the Lease is known as Suite 350,
containing approximately one thousand four hundred fifty (1,450) square'feet of rentable floor
area. The location of the Building and the boundaries of the Premises are more specifically
described and shown In the Lease.
WHEREAS, the Lease and this First Amendment to Lease are hereinafter sometimes collectively
referred to as the"Lease"; and
WHEREAS, as to Lessee, authority exists in the Law and Funds haste been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for payment
in Fund Number -, Gil_ Account Number , Contract Encumbrance Number C-
or in the Account(s) reflected on the attached COFRS printout; and
WHEREAS, by this First Amendment to Lease, Lessor and Lessee wish to acknowledge that
Lessor conveyed the Building to the Successor Lessor by Special Warranty Deed and Assignment
and Assumption of Leases and Security Deposits dated January 8, 2008, a copy of which Is
attached hereto and made a part hereof as Exhibit A("date of attornment").
NOW, THEREFORE, Lessor and Lessee in consideration of the mutual promises contained herein,
hereby agree to amend the Lease as follows:
1. Pursuant to the terms and conditions of the Lease, Lessee hereby acknowledges said
conveyance and assignment from Lessor to Successor Lessor and acknowledges attornment of
the Lease with Successor Lessor as lessor.
Further, Successor Lessor makes a covenant of non-disturbance to Lessee as follows;
(a) nothing in this agreement shall be construed as a waiver of any rights of the
Lessee against the Lessor;
(b) all payments previously made by the Lessee to the Lessor and ail other previous
actions taken by the Lessee under the Lease, shall be considered to have discharged
those obligations of Lessee under the Lease as of the date of attornment; and
(c) Notwithstanding any default of Lessor under the Lease, Lessee shall have the right
to remain in possession of the Premises in accordance with the terms of the Lease for so
long as Lessee shall not be in default under the Lease.
Rev 2/2008 Page of 3
Abstract State of Colorado
Organization DHS>Vocational Rehabilitation(IHA) File Id: 1910
Location Colorado>Weld Status: Active
File Name: - Type: Expense-Lease
Address: 822 7th Street Subtype: Office
Suite: 350 Size/Alt Size: 1,450 SF/-SF
City State Postal: Greeley,CO 80631 Commencement: 11/01/2006
Country: United States Expiration Date: 05/31/2010
Expense Type Expense Frequency Straight Line Amount Term Start Term End
Link Type Company Contact Phone Fax
Lessee Department of Human Services - - -
Lessor GreeleyPlaza,LLC - - -
Notice Lessee Copy To Department of Human Services Bradford Membel 303-866-7290 303-866-7215
Notice Lessee Copy To Department of Human Services Kelley Waite 303-866-7209 -
REP Office of the State Architect Mike Karbach 303-866-4564 -
Key Date Type Key Date Alert Date Key Date Status Key Date Comment
Base Rent Expense Change 11/01/2006 05/17/2006 Completed -
Expense-Lease Commencement 11/01/2006 10/02/2006 Completed -
Extension Option Notice End 02/28/2010 02/28/2009 Inactive -
Renewal Option Notice End 02/28/2010 02/28/2009 Inactive -
Expense-Lease Expiration 05/31/2010 05/31/2009 Inactive -
Expense Type Frequency Amount Start Date End Date Paid Next Next Amount
Base Rent Monthly $ 1,494.77 11/01/2006 06/30/2007 - -
Base Rent Monthly $ 1524.98 07/01/2007 06/30/2008 - -
Base Rent Monthly $ 1,563.82 07/01/2008 06/30/2009 11/01/2008 1,563.82
Base Rent Monthly $ 1,576.77 07/01/2009 05/31/2010 - -
Expense Type Expense Comment
Base Rent -
Expense Metrics Frequency Amount Annualized PSF Adj Amount Adj Annualized PSF
Base Rent Monthly $ 1,563.82 12.94 $ 1,563.82 12.94
Expense By Year FY-2 FY-1 FYO FY1 FY2 FY3 FY4 FY5+
Base Rent $ 11,958.16 18,299.76 18,765.84 17,344.47 0.00 0.00 0.00 0.00
Expense Remaining FY0 FY1 FY2 FY3 FY4 FY5+ Total
Base Rent $ 12,510.56 17,344.47 0.00 0.00 0.00 0.00 29,855.03
Expense Item Responsibility Comment
Clause Type Comment
Assignment/Subletting Lease Article 7:Lessee may assign or sublet premises with the prior written consent of Lessor.Proposed Tenant's use must be
similar
Holdover Lease Article 19:The rent to be paid by Lessee during such continued occupancy shall be 100%.Lessor and Lessee will give
30 days written notice prior to termination of holdover.
Parking Article 30(C): 5 parking passes for Lessee's employees
!
10/9/2008 4:50:00 PM Page 1 of 2
•
Abstract
State of Colorado
Option Type Comment
Cancellation Option Lessee has the right to terminate lease with prior written notice to Lessor without penalty,based on:
a.Fiscal Funding provision,with 45 days written notice before the end of fiscal year(Lease Art.11);
b.Federal Funding provision,at the end of any month with 90 days advance notice(Lease Art.14);
c.Collocation provision,wflh 60 days prior notice to the anticipated termination date,(Lease Art.24).
Extension Option Article 30(A):Lessee may extend fora period of up to six months with notice at least 90 days prior to the termination of Lease
Inactive Notice End:02282010 Alert Date:02/28/2009
Renewal Option Article 30(B):one period of 60 additional months with 90 days prior notice;rent at prevailing market rate
Inactive Notice End:02/28/2010 Alert Date:02/28/2009
Log Date Comment
12/01/2006 New Lease for substitute space in Building with cancellation of existing lease on commencement date.
04/21/2006 New 5-year Lease.
Document Name Comment Date
Amendment 1 Stipulates new ownership at 118108 03/31/2008
Lease - 10/27/2006
Notice of Landord Change - 01/08/2008
10/9/2008 4:50:00 PM Page 2 of 2
Abstract State of Colorado
Organization Judicial>JCA Public Defender File Id: 8020
Location Colorado>Weld Status: Active
File Name: - Type: Expense-Lease
Address: 822 7th Street Subtype: Office
Suite: 220,250,390 Size/Alt Size: 12,578 SF/-SF
City State Postal: Greeley,CO 80631 Commencement: 10/01/2002
Country: United States Expiration Date: 09/30/2012
Expense Type Expense Frequency Straight Line Amount Term Start Term End
Link Type Company Contact Phone Email
Lessee Office of the State Public Defender - - -
Lessor Greeley Plaza,LLC - - -
Key Date Type Key Date Alert Date Key Date Status Key Date Comment
Base Rent Expense Change 10/01/2002 08/17/2002 Completed -
Expense-Lease Commencement 10/01/2002 09/01/2002 Completed -
Base Rent Expense Change 07/01/2003 05/17/2003 Completed -
Base Rent Expense Change 07/01/2004 05/17/2004 Completed -
Base Rent Expense Change 07/01/2005 05/17/2005 Completed -
Base Rent Expense Change 07/01/2006 05/17/2006 Completed -
Base Rent Expense Change 07/01/2007 05/17/2007 Completed -
Base Rent Expense Change 07/01/2008 05/17/2008 Completed -
Base Rent Expense Change 07/01/2008 05/17/2008 Completed -
Base Rent Expense Change 07/01/2010 05/17/2010 nactive -
Base Rent Expense Change 07/01/2010 05/17/2010 nactive -
Base Rent Expense Change 07/01/2010 05/17/2010 nactive -
j Base Rent Expense Change 07/01/2011 05/17/2011 nactive -
Base Rent Expense Change 07/01/2011 05/17/2011 nactive -
Base Rent Expense Change 07/01/2011 05/17/2011 nactive -
Base Rent Expense Change 07/01/2012 05/17/2012 nactive -
Base Rent Expense Change 07/01/2012 05/17/2012 nactive -
Expense-Lease Expiration 09/30/2012 10/01/2011 nactive -
Expense Type Frequency Amount Start Date End Date Paid Next Next Amount
Base Rent Monthly $ 4,521.00 10/01/2002 06/30/2003 - -
Base Rent Monthly $ 4,689.00 07/01/2003 06/30/2004 - -
Base Rent Monthly $ 7,991.00 07/01/2004 06/30/2005 - -
Base Rent Monthly $ 8,229.00 07/01/2005 06/30/2006 - -
Base Rent Monthly $ 8,474.00 07/01/2006 06/30/2007 - -
Base Rent Monthly $ 8,725.00 07/01/2007 06/30/2008 - -
Base Rent Monthly $ 3,156.09 07/01/2008 06/30/2009 - -
Base Rent Monthly $ 8,984.00 07/01/2008 06/30/2009 - -
Base Rent Monthly $ 1,706.29 11/01/2008 06/30/2009 - -
Base Rent Monthly $ 1,757.96 07/01/2009 06/30/2010 02/01/2010 1,757.96
Base Rent Monthly $ 3,251.66 07/01/2009 06/30/2010 02/01/2010 3,251.66
Base Rent Monthly $ 9,256.00 07/01/2009 06/30/2010 02/01/2010 9,256.00
Base Rent Monthly $ 1,810.92 07/01/2010 06/30/2011 - -
Base Rent Monthly $ 3,349.61 07/01/2010 06/30/2011 - -
Base Rent Monthly $ 9,535.00 07/01/2010 06/30/2011 - -
Base Rent Monthly $ 3,449.96 07/01/2011 06/30/2012 - -
Base Rent Monthly $ 9,820.00 07/01/2011 06/30/2012 - -
Base Rent Monthly $ 1,920.71 07/01/2011 09/30/2012 - -
Base Rent Monthly $ 3,552.69 07/01/2012 09/30/2012 - -
Base Rent Monthly $ 10,113.00 07/01/2012 09/30/2012 - -
Expense Type Expense Comment
Base Rent -
Base Rent Suite 390 only
Base Rent For Suite 220 only
Expense Metrics Frequency Amount Annualized Per UOM Adj Amount Adj Annualized PSF
Base Rent Monthly $ 9,256.00 13.61 $ 9,256.00 13.61
Base Rent Monthly $ 3,251.66 13.61 $ 3,251.66 13.61
Base Rent Monthly $ 1,757.96 13.61 $ 1,757.96 13.61
2010-01-19 8:58:20 AM Page 1 of 2
•
Abstract State of Colorado
Expense By Year FY-2 FY-1 FY0 FY1 FY2 FY3 FY4 FY5+
Base Rent $ 104,700.00 107,808.00 111,072.00 114,420.00 117,840.00 30,339.00 0.00 0.00
Base Rent $ 0.00 37,873.08 39,019.92 40,195.32 41,399.52 10,658.07 0.00 0.00
Base Rent $ 0.00 13,650.32 21,095.52 21,731.04 23,048.52 5,762.13 0.00 0.00
Expense Remaining FY0 FY1 FY2 FY3 FY4 FY5+ Total
Base Rent $ 46,280.00 114,420.00 117,840.00 30,339.00 0.00 0.00 308,879.00
Base Rent $ 16,258.30 40,195.32 41,399.52 10,658.07 0.00 0.00 108,511.21
Base Rent $ 8,789.80 21,731.04 23,048.52 5,762.13 0.00 0.00 59,331.49
Expense Item Responsibility Comment
Clause Type Category Comment
Assignment/Subletting - Lease Article 7:Lessee may assign or sublet premises with the prior written consent of Lessor.
Proposed Tenant's use must be similar
Holdover - Lease Article 18:The rent to be paid by Lessee during such continued occupancy shall be 100%.
Lessor and Lessee will give 30 days written notice prior to termination of holdover.
Parking - Exhibit C Amendment 1 and 2:At no additional cost to Tenant 18 parking spaces.16 additional spaces
may be obtained for an additional fee
Option Type Category Comment
Cancellation Option Lessee has the right to terminate lease with prior written notice to Lessor without penalty,based on:
a.Fiscal Funding provision,with 45 days written notice before the end of fiscal year(Lease Art.11);
b.Federal Funding provision,at the end of any month with 90 days advance notice(Lease Art.14);
c.Added in the First Amendment Collocation provision,with 60 days prior notice to the anticipated
termination date
,i R of First Offer - Amendment 1:Any vacant space on the 1st,2nd,3rd floor
Log Date Log Type Comment
Document Name Doc Type Comment Date
Lease,First and Second Amend General - 08/01/2008
2010-01-19 8:58:20 AM Page 2 of 2
WELD COUNTY ASSESSOR
• y PROPERTY PROFILE
A^counr#:R2810986 Parcel#:096105315022
Local#: MH Seq#: MH Space:
Appr Y$ar:2010 Levy:80.278 #of Bldgs:2 Create On:09/16/1986
Tax Dist:2689 Map#: LEA: GRLY11 Active On: 1/27/2010
Assign To: CCJ Initials: CCJ Acct Type:Commercial InactiveOn:
New Growth:0 Last Updated: 1/27/2010
Owner's Name and Address: Property Address:
GREELEY PLAZA LLC Street: 822 7 ST 750
City: GREELEY
15475 GLENEAGLE DR
COLORADO SPRINGS CO 80921
Business:JP Morgan Chase Bank/Lextron/Banner Health
Sales Summary
Sale Date Sale Price Deed Type Reception# Book Page# Grantor
1/8/2008 $9,950,000 SWD 3528172 GREELEY LINCOLN PK PROP LLC 35.32
12/27/1999 $3,500,000 SWD 2741589 GREELEY NATIONAL BANK
Legal Description
GR 4832 L8 TO 26 BLK44 TOGETHER WITH VAC N-S ALLEY ADJ TO LOTS 12 THRU 23&E-W VAC ALLEY ADJ TO LOTS 9 THRU 12 LOTS 17
&18&LOTS 23 THRU 26
Subdivision Name:
GREELEY CITY
Block Lot Tract Section Township Range
44 8 05 05 65
Land Valuation Summary
Abst Square Unit of Number Value Actual Assmt *Assessed
Land Type Ag Code Code Feet Measure Of Units Per Unit Value Percent Value
Commercial 2120 38,496 Square Feet 38496 $4 $153,984.00 0.29 $44,660
Exempt 9129 14,912 Square Feet 14912 $4 $59,648.00 0.29 $17,300
Land Subtotal: 53408 $213,632.00 $61,960
Thursday, January 28, 2010 Page 1 of 5
WELD COUNTY ASSESSOR
Ancount#: R2810986 PROPERTY PROFILE Parcel
l Local#: MH Seq#: MH Space:
Buildings Valuation Summary
Abst Assmt 'Assessed
Bldg# Property Type Code Occupancy Actual Value Percent Value
1 Commercial 2220 344-Office Building $3,745,664 0.29 $1,086,242
1 Commercial 2230 304- Bank $1,135,050 0.29 $329,164
1 Commercial 9229 344-Office Building $794,535 0.29 $230,415
2 Commercial 2220 344-Office Building $759,520 0.29 $220,261
Improvements Subtotal: $6,434,768 $1,866,083
Total Property Value $6,648,400 $1,928,043
*Approximate Assessed Value
Thursday, January 28, 2010 Page 2 of 5
WELD COUNTY ASSESSOR
Account#: R2810986 PROPERTY PROFILE Parcel
► Local#: MH Seq#: MH Space:
Building#: 1 Condo SF Condo% Land: Condo% Bldg: Unit Type: Landscaping$:
Property Type: Commercial 0 1 $0.00
Quality: Average Nbhd: 6907 Occupancy: Bank
Condition: CM-Typical Nbhd Ext: 00 Occupancy: Office Building
Perimeter: 714 Nbhd Adj: 1 Occupancy: Office Building
Percent Comp: 100.00%
Individual Built As Detail
Built As: Office Building Year Built: 1974
Construction Type: B Year Remodeled:
HVAC: Hot Chilled Water % Remodeled:
Interior Finish: Adj Year Blt: 1974
Roof Cover: Effective Age: 34
Built As SF: 90448 Mh Make:
#of Baths: Tag Length/Width: X
#of Bdrms: Tag Length/Width: X
#of Stories: 8 Mh Skirting LF:
Story Height: 10 MH Skirting Type:
Sprinkler SF: Diameter:
Capacity: Height:
Built As: Bank Year Built: 1974
Construction Type: B Year Remodeled:
HVAC: Hot Chilled Water % Remodeled:
Interior Finish: Adj Year BIt: 1974
Roof Cover: Effective Age: 34
Built As SF: 23720 Mh Make:
#of Baths: Tag Length/Width: X
#of Bdrms: Tag Length/Width: X
#of Stories: 8 Mh Skirting LF:
Story Height: 16 MH Skirting Type:
Sprinkler SF: Diameter:
Capacity: Height:
Building Details
Bldg#: 1 Units Units Price RCN Actual
Value
8th flr boiler room 2531 $0.00 $0.00 $0.00
4th flr mechanical floor 8918 $0.00 $0.00 $0.00
Thursday. January 28, 2010 Page 3 of 5
WELD COUNTY ASSESSOR
Account#: R2810986 PROPERTY PROFILE Parcel#:096105315022
r Local#: MH Seq#: MH Space:
Value Details
RCN Cost/SF: $142.83 Design Adj %: 0 Func Obs%: 0
Total RCN: $16,306,615.00 Exterior Adj %: 0 Econ Obs%: 0
Phys Depr%: 0.34 Interior Adj %: 0 Other Obs%: 0
Phys Depr$: 5544249 Amateur Adj%: 0
RCNLD $: $10,762,366.00 RCNLD Cost/S $94.27 Market/SF: $0.00
Thursday, January 28, 2010 Page 4 of 5
WELD COUNTY ASSESSOR
•
Account#: R2810986 PROPERTY PROFILE Parcel
Local#: MH Seq#: MH Space:
Building#: 2 Condo SF Condo% Land: Condo% Bldg: Unit Type: Landscaping $:
Property Type: Commercial 0 1 $0.00
Quality: Average Nbhd: 6907 Occupancy: Office Building
Condition: CM-Typical Nbhd Ext: 00
Perimeter: 476 Nbhd Adj: 1
Percent Comp: 100.00%
Individual Built As Detail
Built As: Office Building Year Built: 1974
Construction Type: C Year Remodeled:
HVAC: Hot Chilled Water % Remodeled:
Interior Finish: Adj Year Bit: 1974
Roof Cover: Effective Age: 34
Built As SF: 18800 Mh Make:
#of Baths: Tag LengthlWidth: X
#of Bdrms: Tag Length/Width: X
#of Stories: 2 Mh Skirting LF:
Story Height: 10 MH Skirting Type:
Sprinkler SF: Diameter:
Capacity: Height:
Building Details
Value Details
RCN Cost/SF: $99.07 Design Adj %: 0 Func Obs%: 0
Total RCN: $1,862,516.00 Exterior Adj %: 0 Econ Obs %: 0
Phys Depr%: 0.43 Interior Adj%: 0 Other Obs%: 0
Phys Depr$: 800882 Amateur Adj%: 0
RCNLD $: $1,061,634.00 RCNLD Cost/S $56.47 Market/SF: $0.00
Thursday, January 28, 2010 Page 5 of 5
Account Notes Account#: R2810986
Entry Date Office Note Bldg Category
1/1/1989 A 1990 CORRECTION PER ABATEMENT APPROVED BY C.B.O.E AND STATE AGEN
1/1/1989 A CSS AGEN
1/1/1989 A CORRECTED ASSESSMENT 00890 AGEN
1/1/1989 A THE VALUE FOR 1989 WAS DERIVED FROM INCOME ESTIMATES AND DECLINING MKT
1/1/1989 A ECONOMY FOR AN OVER BUILT STRUCTURE SUCH AS THIS. 4-7-89 MFS/MS MKT
1/1/1989 A BLDG PERMIT 890154 FINISH OPEN SPACE OF 3 FLOOR 3/23/89$10,000 001 MKT
1/1/1989 A BLDG PERMIT 890630 FINISH TENNANT SPACE 7 FLOOR 9/12/89$90,000 001 MKT
1/1/1989 A BLDG PERMIT 910698 INTERIOR REMODEL BANK AREA 6/18/91 $158,000 DS 001 MKT
1/1/1989 A BLDG PERMIT 92040012 4/2/92$4787 TENANT FINISH GNB PLAZA SUITE 8 DS 001 MKT
1/1/1989 A BLDG PERMIT 92020112 2/20/92$22,875 INTERIOR REMODEL 7 FLOOR.DS 001 MKT
1/1/1989 A BLDG PERMIT 911293 9/27/91 $2,200 REMODEL BANK OFFICE. DS 001 MKT
1/1/1989 A 1993 CBOE ADJUSTMENT AV BLD 001 AND 002 PER APPROVAL CBOE DWS/CSS 001 MKT
1/1/1989 A BLDG PERMIT 9210063 10/9/92 OFFICE INTERIOR REMODEL$6,000. DS 001 MKT
1/1/1989 A ACCOUNTING.DS 001 MKT
1/1/1989 A BILL OF SALE&CANCELLATION OF LEASES BY AFFILIATED BANKS BLDG CO TO 002 AGEN
1/1/1989 A GREELEY NATIONAL BANK 6/11/91 1301-2252958. TLF 002 AGEN
1/1/1989 A BLDG PERMIT 93110068 11/09/93$4,000 REMODEL OFFICE SPACE#500 KURTZ 001 MKT
12/2/1997 A BLDG PERMIT 97100154 10/29/97$94,500 REMODEL INTERIOR APPR
1/29/1998 A CHANGED MAILING ADDRESS PER FAX FROM ERNST&YOUNG DATED 01/27/98 ADM
W/AGENT AUTH. KRD
4/19/2000 A SURVEY 02-16.00 REC 2750020.CMH ADM
5/15/2000 A CHANGED MAILING ADDRESS PER TY NOTESTINES ON 05-12-2000.TLB ADM
1/27/2010 A Received a State of Colorado lease for an additional 12,578 sf after tax bills had been APPR
mailed. The total exempt area which is leased by the State of Colorado Is now14,028 sf all
in bldg#1 the tower(14%of bldg#1 is exempt-12%including both bldgs) Contact for
owner is Carlyn Sieck at 719-481-5485. Contact for the State of Colorado is Brandon Ates
303-866-5458.
1/1/1989 A CORRECTED ASSESSMENT#890-93 001 TRES
5/4/2001 A Chgd mailing addr to Greeley PO per notification from THOMAS&TYLER LLC.jwe ADM
7/30/2007 A 2007-CHANGED TA FROM 0615 TO 2689 TO REMOVE GURA AND ADD DDA PER JSW. ADM
JAV
3/9/2009 A For 2009. The State of Colorado leases Suite#350 of the subject bldg or 1,450 sq ft. This APPR
area is exempt along with a portion of the land. CCJ
6/4/1996 A 6/4/96 CHANGED NAME AND ADDRESS TO BANK ONE MAH ADM
Thursday, January 28, 2010 Page 1
Entry Date Office Note Bldg Category
6/16/1999 A 99 Protest Bldg 1 gross sf 117,414 sf.by floor: 1 23,720 sf,2 24,180 sf,3 22,135 sf,4 8918 APPR
sf,512,145 sf,6 11,897 sf 7 11,888 of 8 2,531 sf. Net rentable total 102,201 sf. By floor 1
22,131 sf,219,420 sf,3 23,584 sf,4 0 sf,5 12,344 sf,6 12,291 sf,7 12,431 sf
Thursday, January 28, 2010 Page 2
•
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6
cif(4. „IV t CLERK TO THE BOARD
PHONE (970)336-7215, EXT. 4225
FAX: (970) 352-0242
P.O. BOX 758
GREELEY, COLORADO 80632
•
COLORADO
February 12, 2010
Greeley Plaza, LLC
15475 Gleneagle Drive
Colorado Springs, CO 80921
RE: SCHEDULE NUMBER: R2810986
Dear Property Owners:
This is to advise you that the Weld County Board of Commissioners will hear your petition for
abatement or refund of taxes on the property described as: 822 7th Street, Greeley, Colorado.
The meeting is scheduled for April 5, 2010, at 9:00 a.m., in the First Floor Meeting Room, Weld
County Centennial Center, 915 10th Street, Greeley, Colorado.
The Assessor is recommending that the Board approve your petition. You are not required to be
present at this hearing, however, this is your opportunity to have your position heard,especially if
your position is opposed to the Assessor's recommendation. If you intend to submit any
documentation in support of your position for this hearing, all such documentation must be
submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least
seven calendar days prior to the meeting date in order for it to be considered at the scheduled
hearing.
If you have any questions concerning this matter, please do not hesitate to contact Esther Gesick
at (970) 336-7215, extension 4226.
Sincerely,
Esther E. Gesick
Deputy Clerk to the Board
cc: Assessor
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