HomeMy WebLinkAbout20091808.tiffRESOLUTION
RE: APPROVE FIRST AMENDMENT TO LEASE AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a First Amendment to Lease between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Administrative Services, and the Colorado Department of
Military and Veterans Affairs, commencing upon full execution, with further terms and conditions
being as stated in said amendment; said property being located at 330 Park Avenue, Fort Lupton,
Colorado 80621, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the First Amendment to Lease between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Administrative Services, and the Colorado Department of Military and Veterans
Affairs be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of A! - rt,_A.D., 2009.
ATTEST: 124,1
Weld County Clerk to the Boar
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BY
Depu y Cle , to the Board
APPROVED AS TO F9.RM:
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Date of signature. ' ( la lucl
QRD O OUNTY COMMISSIONERS
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Se P. Conway
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David E. Long
2009-1808
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STATE OF COLORADO
DEPARTMENT OF PERSONNEL AND ADMINISTRATION
OFFICE OF THE STATE ARCHITECT
REAL ESTATE PROGRAMS
STANDARD
LEASE AMENDMENT [IMPROVED REAL PROPERTY]
LANDLORD
TENANT
LOCATION
Weld County Board of County Commissioners
The State of Colorado, acting by and through the
Department of Military and Veterans Affairs
330 Park Avenue, Ft. Lupton, CO 80621
Form — Amendment to Improved Real Property Lease
Rev. 2/2008
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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, made and entered into this day of 2009,
for the purpose of amending that certain lease having Contract Routing No. 09 OAA 00060 and C. E. No.
OAA 09000000036, (the "Lease") dated November 20, 2008, by and between Weld County Board of
County Commissioners, a Political Subdivision, as "Landlord", and THE STATE OF COLORADO,
acting by and through the DEPARTMENT OF Military and Veterans Affairs, as "Tenant", relating to the
leasing of a portion of the building located at 330 Park Avenue, Ft. Lupton, CO 80621 (the "Building"),
comprised of seven thousand (7,000) rentable square feet.
WHEREAS, the Tenant and Landlord have agreed to add renewal options to the Lease; and
WHEREAS, as to Tenant, authority exists in the Law and Funds have been budgeted, appropriated
and otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in Fund Number 100, G/B/L Account Number 1A9, Contract Encumbrance Number — PO OAA
09000000036.
NOW, THEREFORE, Landlord and Tenant in consideration of the mutual promises contained herein,
hereto agree to amend the Lease as follows:
Article 29 (B) is added to the Lease as follows:
Tenant shall have the option to extend the term of this Lease for three (3) consecutive additional
periods (each a "Renewal Term") of one (1) year 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 Terms except: (i) there shall be no Renewal Term beyond the
Renewal Terms described above, and the Full Service Gross Rental Rate shall be 90% of the then
fair market Full Service Gross Rental Rate for renewing tenants in comparable office buildings in
the Fort Lupton, CO submarket.
The fair market Full Service Gross Rental Rate shall be inclusive of all applicable market
concessions, tenant improvement allowances and transaction expenses normally incurred by a
landlord for renewing tenants in comparable office buildings in the Fort Lupton, CO submarket.
The parties agree to execute a written amendment to the Lease confirming the renewal terms.
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 2009 or the date signed by the State
Controller or his designee, whichever is later. In accordance with the requirements of 24-30-202 (1)
C.R.S., as amended, this Amendment to Lease shall not be deemed valid until it has been approved by
the State Controller, or such assistant as he may designate.
Form — Amendment to Improved Real Property Lease Page 1 of 2
Rev. 2/2008
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year
first above written.
CORPORATIONS:
(A corporate attestati
ATTEST (Seal)
By:
(Corporate Secreta
Town/City/County Clerk)
(place corporate seal here, if av
If LANDLORD is signing in their indivi • ua apacity,
attach Landlord affidavit verifying legal status
pursuant to C.R.S. §24-76.5-101.
STATE OF COLORADO
Bill Ritter, Jr., Governor
DEPARTMENT OF PERSONNEL & ADMINISTRATION
Office of State Architect, Real Estate Programs
For the Executive Director
By: $ido%r /1"445 -
Date:
APPROVED:
DEPARTMENT OF LAW
John Suthers, Colorado Attorney General
ATTORNEY GENERAL (or authorized Delegate)
By: k-,
ii
LANDLORD:
Weld County Board of County Commissioners
Authorize Signatory
TENANT:
STATE OF COLORADO
Bill Ritter, Jr., Governor
The Department of Military & Veterans Affairs
By: /L /7a440
Date:
Executive Director
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APPROVALS
ALL CONTRACTS MUST BE APPROVED BY THE STATE
CONTROLLER:
Date:
Form — Amendment to Improved Real Property Lease
Rev. 2/2008
CRS 24-30-202 requires that the State Controller approve
all State contracts. This contract is not valid until the
State Controller, or such assistant as he may delegate,
has signed it. The Landlord is not authorized to begin
performance until the contract is signed and dated below.
If performance begins prior to the date below, the State of
Colorado may not be obligated to pay for the good and/or
services provided.
APPROVED:
STATE OF COLORADO
Bill Ritter, Jr., Governor
STATE CONTROLLER'S OFFICE
State Controller (or authorized Delegate)
By:
Date:
Page 2 of 2
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Elizabeth Strong
From: Esther Gesick
Sent: Wednesday, July 29, 2009 11:43 AM
To: Elizabeth Strong
Subject: FW: Ft Lupton Lease Amendment (UNCLASSIFIED)
Attachments: Ft Lupton Lease Amendment 1.pdf
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, CO 80631
(970)356-4000 X4226
(970)352-0242 (fax)
Original Message
From: Monica Mika
Sent: Wednesday, July 29, 2009 11:19 AM
To: Esther Gesick
Cc: Stephanie Arries; Bruce Barker
Subject: FW: Ft Lupton Lease Amendment (UNCLASSIFIED)
Please put this revised lease agreement for the agenda on Monday. Thanks
Original Message
From: Mayard, Brian L LTC NGCO[mailto:brian.mayard@us.army.mil]
Sent: Wednesday, July 29, 2009 11:05 AM
To: Monica Mika
Subject: RE: Ft Lupton Lease Amendment (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Monica,
I have attached the form approved by the state. If you can get the county
signature, I will work on the state signatures.
Original Message
From: Monica Mika [mailto:mmika@co.weld.co.us]
Sent: Tuesday, July 28, 2009 1:55 PM
To: Mayard, Brian L LTC NGCO
Subject: RE: Ft Lupton Lease Amendment (UNCLASSIFIED)
Brian,
Here is the most current version that I have. I have not given this to the
BOCC as I am not sure if this version you have approved. Will you please
review this one more time before I forward this to the BOCC.
Thanks,
Monica
Original Message
From: Mayard, Brian L LTC NGCO [mailto:brian.mayard@us.army.mil]
Sent: Wednesday, July 22, 2009 3:59 PM
To: Monica Mika
Subject: RE: Ft Lupton Lease Amendment (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Monica,
Just checking on the status of the Lease Amendment.
Original Message
From: Mayard, Brian L LTC NGCO
Sent: Thursday, June 18, 2009 4:38 PM
To: 'Monica Mika'
Subject: FW: Ft Lupton Lease Amendment (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Monica,
It has been a while but this is the state approved Fort Lupton Lease
Amendment to add a provision for renewal options. Could you get the required
signatures and copies back to me? I do have a runner at my disposal who
could drive up to Fort Lupton and bring the documents back to me.
You had also asked about recoupping a partial months rent. Janet, the lady
who sent this, said she needed an invoice to pay the partial months rent.
Does that ring a bell?
Original Message
From: Janet Jones [mailto:janet.jones@dmva.state.co.us]
Sent: Thursday, June 18, 2009 12:12 PM
To: Mayard, Brian L LTC NGCO
Subject: Ft Lupton Lease Amendment
Brian,
Attached is the Amendment for the Ft Lupton Armory Lease. Please have the
landlord print, make 5 additional copies, have the Authorized Agent for the
Board sign ALL 6 copies, and return ALL 6 originals to me.
If you have any questions, please let me know.
Thanks,
Janet Jones, Director
Purchasing and Contracts
CO Dept of Military and Veterans Affairs
6848 S. Revere Parkway
Centennial, CO 80112
(720) 250-1541 (phone)
(720) 250-1549 (fax)
lanet.iones@dmva.state.co.us
I'd rather be hated for who I am, than loved for who I am not.
-Unknown
Classification:
Caveats: NONE
Classification:
Caveats: NONE
Classification:
Caveats: NONE
UNCLASSIFIED
UNCLASSIFIED
UNCLASSIFIED
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