HomeMy WebLinkAbout20092780.tiffRESOLUTION
RE: APPROVE LEASE AGREEMENT FOR THE GREELEY BUILDING AND AUTHORIZE
CHAIR TO SIGN - COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSHIP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Lease Agreement for The Greeley
Building between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, Family
Educational Network of Weld County (FENWC), and Colorado Recovery Properties, Ltd.
V Partnership, commencing December 1, 2009, and ending November 30, 2014, with further terms
and conditions being as stated in said lease agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Lease Agreement for The Greeley Building between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
the Department of Human Services, Family Educational Network of Weld County (FENWC), and
Colorado Recovery Properties, Ltd. V Partnership be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of October, A.D., 2009.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
illiamF. Garcia, Chair
Weld County Clerk to th
•
BY:
ern, P. Conway
to the Board
APPROVED AS T9 -FORM
G�
uCfy Attorney
Date of signature: Uppq
Dougla
ademach
r, Pro-Tem
EXCUSED
Krbara Kirkmeyer /
David E. Long
2009-2780
N s 3 A5 D / HR0080
1 1 t4 (a-7 (6`7
MEMORANDUM
DATE: October 15, 2009
' TO: William F. Garcia, Chair, Board of County Commissioners
WI`p FROM Judy A Griego, Director, Human Services Depa ent
• QtAt
COLORADO RE:
Lease Agreement between the Weld County Department of
Human Services' Family Educational Network and Colorado
Recovery Properties, Ltd., V Partnership (Greeley Building)
Enclosed for Board approval is a Lease Agreement between the Weld County Department of
Human Services' Family Educational Network and Colorado Recovery Properties, Ltd., V
Partnership (Greeley Building). This Agreement was presented at the Board's September 22
2009, Work Session.
The major provisions of this Agreement are:
1. The Lease Agreement is for the Department's Family Educational Network.
2. The location of the space for lease is at 710 11th Avenue, Greeley, Colorado and consists of
Suites L-75 combined with L-90 and Suites L-80 combined with L-85 for a total of 2,697
square feet.
3. Nine (9) parking spaces are allocated for employees of the Department of Human Services.
4. Total rent for the term mentioned will be $183,000.00.
5. The term of this Lease Agreement is from December 1, 2009 through November 30, 2014.
if you have questions please give me a call at extension 6510.
2009-2780
LEASE
THIS LEASE, made and entered into this 1st day of December, 2009, by and between
Colorado Recovery Properties, Ltd. V Partnership, whose address is P.O. Box 535, Greeley,
Colorado 80632, hereinafter referred to as "Lessor", and the Weld Board of County Commissioners,
Weld County, State of Colorado, by and on behalf of The Weld County Department of Human
Services' Family Educational Network of Weld County Head Start, whose address is 915 Tenth
Street, Greeley, Colorado 80631, hereinafter referred to as "Lessee".
WITNESSETH:
LEASED PREMISES
That in consideration of the payment of the rent and/or other compensation and in the
keeping and performance of the covenants and agreements by Lessee hereinafter set forth, Lessor
hereby leases unto Lessee the following described property:
Suites L-75 combined with L-90 and Suites L-80 combined with L-85 of The Greeley
Building located at 710 11th Avenue, Greeley, Colorado 80631. The total space consists of 2,697
square feet.
In addition, Lessee shall receive nine (9) assigned parking spaces in the north parking lot
allocated solely for its employees. Lessee shall have the right to use an additional five (5) parking
spaces on a non -reserved basis.
Lessee will install at the leased premises and at Lessee's cost, dedicated telephone line
and/or data connections, and any additional communications link as Lessee may determine to be
necessary. Lessee agrees to purchase, install and maintain any LAN/WAN equipment required for
Lessee/Head Start employees. Lessee will be. responsible for any modifications necessary for
Lessee/Head Start employees at the leased premises, to acquire secure access for data/voice on the
Weld County or other governmental entity's network. Lessee may use existing hole in Northwest
corner of building to pull data connection from roof. Lessee will be permitted to mount an antenna
in the Northwest corner of the building for data connectivity.
OBLIGATIONS OF THE PARTIES
A. Lessor shall lease to Lessee the above -described building space and parking spaces
from December 1, 2009 through November 30, 2014, (subject to the limitations set forth below), at
and for a rental, for the full term aforesaid, of One Hundred Eighty Three Thousand One Hundred
& No/100 Dollars ($183,100.00). Said rent shall be payable in monthly installments as follows:
Two Thousand Nine Hundred Sixty -Five & No/100 Dollars ($2,965.00) per month for the first
Twenty (20) months of the term; Three Thousand Fifty & No/100 Dollars ($3,050.00) for the next
Twenty (20) months of the term; and Three Thousand One Hundred Forty & No/100 Dollars
($3,140.00) for the final Twenty (20) months of the term. Each monthly installment shall be
payable in advance, on or before the first day of each calendar month during said term at the office
of the Lessor.
B. Lessor shall be responsible for the payment of all utilities, taxes, maintenance,
insurance, janitorial and all other building operating costs, based upon the total of said expenses
from January 1, 2009, through December 31, 2009. Lessee shall be responsible for its pro rata share
of any incremental increase above the amount accrued during the 2009 calendar year. If there is no
increase in real property taxes, utilities and or insurance, there will be no additional expense billing.
Lessee's pro rata share of excess expenses shall be determined by the application of a fraction to the
total excess expenses. Lessee's fraction will be determined by the number of square feet leased by
Lessee as the numerator and the total number of leasable square feet in The Greeley Building as the
denominator.
C. Lessor shall make the necessary Tenant Improvements to the property to meet the
specific space needs of the Head Start offices up to a maximum cost of Eighteen Thousand and
Five Hundred & No/100 Dollars ($18,500.00). All costs in excess of Eighteen Thousand and Five
Hundred & No/100 Dollars ($18,500.00) shall be paid by Lessee. Plans for the Tenant
Improvements are attached hereto and made a part hereof as Exhibit 1. Tenant Improvements shall
include the following:
1. Construction of a hallway between Suite L-75 and Suite L-95 to combine the two
office suites;
2. Modification of the size of two existing office rooms (i.e., office #7 and office #8)
in Suite L-90 to meet specification of Lessee;
3. Construction of a wall in the reception room of Suite L-90 to create a "resource
room" separated from a "family area/parent work station";
4. Creation of a doorway between Suite L-85 and the office immediately to the east
(currently used as a small massage treatment room) thereby creating a "client intake office"
accessible from either Suite L-85 or Suite L-80;
5. Expansion of Suite L-85 to the west into what is currently an unfinished
storage/maintenance shop space thereby enlarging the area by approximately one hundred
and sixty-five (165) square feet;
6. Install all electrical and HVAC modifications required by Lessee;
7. Installation of new carpet throughout the leased premises;
8. Painting of all walls throughout the leased premises.
RIGHTS AND OBT.IGATIONS OF LESSFF
Lessee, in consideration of leasing of said property as aforesaid, covenants and agrees as
follows:
A. To pay the rent for the aforesaid property as hereinabove provided;
B. To keep any improvements upon leased real property, and all other property covered
by this Lease in good repair and at the expense of the Lessee and at the expiration of this Lease, to
surrender and deliver up said property in as good order and condition as when the same where
first provided, loss by fire, inevitable accident, or ordinary wear and tear excepted;
C. To keep any real property covered by this Lease clean and in a sanitary condition as
required by the ordinances and the health and police regulations of the local jurisdiction in which
the property is located.
FART N TERMINATION
A. Lessee shall be entitled to terminate this lease without penalty at any time during the
term of this lease upon providing Lessor with a one hundred and twenty, (120), day written notice
of its intent to quit the premises.
B. Lessor acknowledges that Lessee is a governmental entity, and as such, may not
receive the funding needed to pay the lease amount. In the event Lessee fails to receive adequate
funding to maintain its obligations under this Lease Agreement, Lessee shall be entitled to
terminate this lease upon providing Lessor with a sixty (60) day written notice.
ASSIONMFNT OF I.FASF
This Lease may be assigned to a third party governmental entity by Lessee without the
express written consent of Lessor.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first written above.
LESSEE:
ATTEST:
CLERK TO THE BO
COUNTY COMMISS
By:
(Deputy) Cler'to the Board
A JPROV?D AS • FORM:
W ounty Attorney
LESSOR:
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
Willi Garcia, Chair
COLORADO RECOVERY PROPERTIES. LTD. V PARTNERSHIP
By:
M. Tyler Nofestine,
Thomas & Tyler, LLC (General Partner)
STATE OF COLORADO )
)
COUNTY OF WELD
OCT 1 9 2009
SUBSCRIBED AND SWORN to before me this g day of Oth kir
2009. by P'1 • Tyl Cr No•ks-h.hC.
WITNESS my hand and official seal.
Notary Public
My commission expires: I// 4 %3o f 0
ADDENDUM TO LEASE
RULES AND REGULATIONS
Except as otherwise provided in any provision of the Lease the
following Rules and Regulations shall apply:
1. The sidewalks, entrances, halls, corridors, elevators and
stairways of the building and Building Complex shall not be
obstructed or used as a waiting or lounging place by
tenants, 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.
2. Landlord 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, Landlord also reserves the right to prevent
access to the building during the continuance of same.
Landlord shall in no case be liable for damages for the
admission or exclusion of any person to or from the
building.
3. Landlord will furnish each tenant with two (2) keys to each
door lock on its leased premises, and Landlord may take a
reasonable charge for any additional keys requested by any
tenant. No tenant shall alter any lock, or install new or
additional locks or bolts on any door without the prior
written approval of Landlord. In the event of such
alteration tenant shall supply Landlord with a key for any
such lock or bolt. Each tenant, upon the expiration or
termination of its tenancy, shall deliver to Landlord all
keys in any such tenant'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 tenant shall, during the term of its
lease, permit Landlord's employees (or Landlord's agent's
employees) to take care of and clean its leased premises.
No tenant shall cause any unnecessary labor by reason of
such tenant's carelessness or indifference in the
preservation of good order and cleanliness of its leased
premises. Tenants 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 tenants must
dispose of crates, boxes, etc., which will not fit into
office waste paper baskets, it will be the responsibility of
such tenant to dispose of same. In no event shall any
tenant set such items in public hallways or other areas of
the building, excepting such tenant'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 Landlord, immediately upon
demand, by such tenant 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 Landlord. There shall not be used in any
space, or in the public halls of the building, either by
such tenant 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 tenants, without the prior written
approval of Landlord.
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 tenant by
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 tenant on any part of the building
or Building Complex without the prior written approval of
Landlord. All signs or letterings on doors, or otherwise
approved by Landlord shall be inscribed, painted or affixed
at the sole cost and expense of such tenant, by a person
approved by Landlord.
9. Except as otherwise provided in a tenant'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
written approval of Landlord. Such installations, and the
boring or cutting for wires, shall be made at the sole cost
and expense of such tenant and under control and direction
of Landlord. Landlord 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
Landlord may direct, and (iii) compliance on the part of all
using or seeking access to such wires with such rules as
Landlord may establish relating thereto. All such wires
used by such tenants must be clearly tagged at the
distribution boards and junction boxes and elsewhere in the
building, 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. Tenant, 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 tenant 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.
Tenant, 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 or which may emit
electrical waves which will impair radio, television or
other electromagnetic spectrum broadcast or reception from
or into the building.
11. Tenants 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 Landlord.
12. No canvassing, soliciting, distribution of hand bills or
other written material, or peddling shall be permitted in
the building or Building Complex, and tenants shall
reasonably cooperate with Landlord in prevention and
elimination of same.
13. Tenant shall give Landlord 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
tenant, at its sole cost and expense, shall cause its
premises to be exterminated from time to time to the
satisfaction of Landlord and shall employ such exterminators
as shall be approved by Landlord, except in the event such
infestation is due to Landlord's culpable negligence or
willful misconduct.
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 Landlord, which consent shall not
be unreasonably withheld or delayed.
16. Wherever the word "tenant" occurs, it is understood and
agreed that it shall also mean any tenant's associates,
employees, agents and any other person entering the building
or leased premises under the express or implied invitation
of such tenant. Tenant shall cooperate with Landlord to
assure compliance by all such parties with rules and
regulations.
17. Landlord 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 Landlord's reasonable judgment
may from time to time be needed for the safety, care,
cleanliness and preservation of good order of the building
and Building Complex; provided that the same shall be non-
discriminatory and applied consistently to all tenants in
the building.
18. A tenant 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 Complex or any part thereof, or with
any rules or ordinances established by governmental
authority.
19. Landlord shall have the right, exercisable without notice
and without liability to any tenant, to change the name of
the building.
20. A tenant shall not in any manner use the name of the
building for any purpose other than that of the business
address of such tenant, or use any picture or likeness of
the building, in any letterheads, envelopes, circulars,
notices, advertisements, containers or wrapping material,
without Landlord's express consent in writing.
21. A tenant shall not overload any floor or part thereof in its
leased premises or other areas of the Building Complex,
including any public corridors or elevators therein bringing
in or removing any large or heavy articles, and Landlord may
reasonably direct and control the location of safes and all
other heavy articles and reasonably require supplementary
supports at the tenant's expense of such material and
dimensions as Landlord 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 Landlord,
and may not be used by any tenants, or their contractors,
agents, employees, or other parties, without the prior
written consent of Landlord, which consent shall not be
unreasonably withheld, conditioned or delayed.
23. Landlord reserves the right to exclude or expel from the
building or Building Complex any person who, in the judgment
of Landlord, 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. Tenants shall not at
any time manufacture, sell, use or give away, any
spirituous, fermented, intoxicating or alcoholic liquors on
any part of the Building Complex, nor permit any of the same
to occur (except in connection with occasional social or
business events conducted in its leased premises which do
not violate any laws nor bother or annoy any other tenants).
24. A tenant shall conduct no auction, fire or "going out of
business" sale or bankruptcy sale in or from its leased
premises, and such prohibition shall apply to such tenant's
creditors.
25. A tenant 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 Landlord for the Property, or required by law. Before
leaving its premises unattended, a tenant 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).
26. Only authorized employees or agents of a tenant having a
right of access to the roof of the building for the limited
purpose of installing, maintaining and operating an antenna,
or antennas, shall be permitted on the roof of the building.
Any such tenant having an authorized antenna on the roof of
the building shall provide the Landlord with a list of its
employees and agents authorized, on behalf of the tenant to
enter onto the roof of the building to install, maintain and
operate the antenna. 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 roof.
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.
Tenants, their agents, contractors, employees and invitees
agree that smoking will be permitted in the designated
outside ground level areas of Building Complex only.
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