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Home My WebLink About20093295.tiffRESOLUTION RE: APPROVE LEASE FOR PROPERTY LOCATED AT 320 MAPLE DRIVE, FREDERICK, COLORADO 80530, AND AUTHORIZE CHAIR TO SIGN - COMMUNITY DEVELOPMENT INSTITUTE HEAD START 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Community Development Institute Head Start, for property located at 320 Maple Drive, Frederick Colorado 80530, commencing January 1, 2010, and ending December 31, 2010, with further terms and conditions being as stated in said lease, and WHEREAS, after review, the Board deems it advisable to approve said lease, 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Community Development Institute Head Start, for property located at 320 Maple Drive, Frederick Colorado 80530, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said lease. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December, A.D., 2009. ATTEST: Weld County Clerk to the Bo BYE. Deli ty Clerk to th'Board APPROVED/AS TO FO EXCUSED unty Attorney Date of signature: 12'I"j Ice1 OARD OF COUNTY COMMISSIONERS LD C�/�iVTyZL( Ba a Kirkmeyer E J,ci Davidt. Long Co OA.DS 4 -is 2009-3295 PR0031 COMMUNITY DEVELOPMENT INSTITUTE HEAD START LEASE THIS LEASE is made and entered into this 1st day of January, 2010, by and between the Board of County Commissioners of Weld County, whose address is 915 10th Street, Greeley, CO 80631, herein called "Lessor" and the COMMUNITY DEVELOPMENT INSTITUTE HEAD START, a Colorado non-profit corporation, whose address is 10065 East Harvard Avenue, Suite 700, Denver, Colorado 80231, herein called "Lessee." WITNESSETH: WHEREAS, Lessor owns certain property located in Frederick, Colorado, upon which lies the Carbon Valley Library, the Frederick Municipal Park, and the Frederick Head Start facility, and WHEREAS, Lessor having acted as the Grantee on behalf of the Weld County Head Start Program, has now relinquished that role, and WHEREAS, during the period which Lessor acted as Grantee, Head Start operated a program in two buildings located on the premises described below, and known as the Frederick Head Start Program, and WHEREAS, Lessor and Lessee have determined that it is in the best interests of both parties that Lessee continue to utilize that Head Start facility located on property owned by Lessor, and described herein, NOW THEREFORE, the parties hereto agree as follows: 1. Premises: For and inconsideration of Rent (as defined below) and of the covenants and agreements herein contained, Lessor does hereby lease and demise the two buildings located on the premises situated in the Town of Frederick, County of Weld, State of Colorado, described as A parcel of land located in the East one-half of Section 31, Township 2 North, Range 67 West of the 6th P.M., Town of Frederick, Weld County, Colorado, also known as FRE 2MS-1-8 L8 BLK 1 MAPLEWOOD SUB -FILING #2, and commonly known as 320 Maple Drive, Frederick, Weld County, Colorado 80530, together with all improvements and personal property located therein and all appurtenances thereto. This lease does not include the building which is known as the Frederick Library, or the Frederick Park. Lessee shall have a shared access to and use of the parking lot adjacent to the buildings, recognizing that the residents of the Town of Frederick are also current users of said parking lot. There are no reserved parking spaces. 2. Term and Possession: The term of this Agreement shall be from January 1, 2010 ("Commencement Date"), through December 31, 2010, unless sooner terminated. according to the terms hereof ("the Term"). Lessor hereby grants to Lessee the right to extend the lease for additional periods of one (1) year, (each year an "Extension Term"). Unless notice of termination is given by either party at least sixty (60) days prior to the end of the then -current Term, this Agreement shall Page 1 of 6 ao�y-3a9s automatically renew into the successive Extension Term. Lessor shall deliver possession to Lessee on the Commencement. Lessee shall accept the Premises in its "as is" condition as of the Commencement Date. 3. Rent: Lessee shall pay Lessor as rent during the Term and any Extension Term or Terms thereafter, the amount of One Dollar ($1.00) 4. Use: The premises shall be occupied and used by Lessee for the purpose of conduction a Head Start Program and other activities related thereto, and for no other purpose. 5. Utilities and Services: Lessee shall contract for in its name and pay all charges or fees for use or consumption of all separately metered utilities provided to the Premises, including water, gas, electricity, telephone, trash and other utilities and services, together with any taxes thereon. Lessee shall provide janitorial services for the Premises if so desired. There are currently one water meter and one sewer meter which service the Leased Premises and the Frederick Library. Payment of the water bill shall be apportioned between Lessor and Lessee, with Lessee paying two thirds of the costs and Lessor paying one third of the costs of these services. Lessor shall receive the statement for the services, shall pay the vendors' bills and shall send an invoice to Lessee which shall be paid by Lessee to Lessor within fifteen days of the date of the date of the invoice. 6. Access and Alterations: Lessee may, but has no obligation to make repairs, additions or Alterations to the buildings as it deems necessary or proper for the safety, improvements or preservation thereof. Lessee shall make no material alterations in or additions to the Premises without written permission and consent of the Lessor, which consent shall not be unreasonably withheld. Any alterations undertaken at the request of Lessee shall be performed by Lessee or its agents, at Lessee's sole cost and expense. Removal of alterations undertaken at the request of Lessee shall be performed by Lessee or its agents, at Lessee's sole cost and expense. 7. Lessee Maintenance: Lessee agrees to keep said buildings in as good repair as they were found upon being occupied by the Lessee, subject to ordinary wear and tear. Lessee shall promptly give notice to Lessor of any damage in excess of normal wear and tear, and shall make, or have made at its direction all necessary repairs at Lessee's sole expense. 8. Lessee Maintenance. Lessee shall be responsible for all repairs necessary to structural components of the Premises, including, without limiting the generality of the foregoing, all heating, air conditioning, ventilating, electricity, hot and cold running water and sanitary and storm drainage services. 9. Lessee's Premises Insurance. Lessee agrees that it will keep the Premises insured, at a minimum, against loss or damage by fire, with extended coverage ("all risk") endorsement, vandalism, and malicious mischief coverage, in an amount not less than ninety percent (90%) of the fWl replacement value of the Premises as determined from time to time. Page 2 of 6 10. Lessee's Other Insurance. During the term of this Lease, Lessee, at its sole cost and expense, for the mutual benefit of Lessor and Lessee, shall carry and maintain the following type of insurance: (a) worker's compensation insurance insuring Lessee and Lessor from all claims for personal injury and death in such amounts as may from time to time be sufficient to pay the maximum accumulated award allowed by Colorado law; (b) personal property insurance for the benefit of Lessee covering Lessee's personal property situated within the Premises; (c) commercial general liability insurance written on an occurrence form, including blanket contractual liability coverage against claims for bodily injury, death and property damage occurring in or about the Premises, affording minimum single limit protection of One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) in the aggregate; and (d) all other insurance required for compliance with the Head Start Program. Lessee will, upon written request by Lessor, provide Lessor with a certificate of insurance properly executed by its insurance company evidencing such coverage. The Lessor will not be held liable for any loss of or damage to Lessee's personal property located on the Premises. The "Board of County Commissioners of Weld County" shall be an additional named insured on all general liability insurance policies obtained by Lessee. 11. Casualty to Premises. If the improvements or the Premises shall be damaged or destroyed by fire or other casualty so that the Premises shall be un-tenantable or unsuitable for the conduct of Lessee's program, this Lease shall terminate as of the occurrence of such damage or destruction. In the event that the improvements or the Premises shall be damaged by fire or other casualty but are still reasonably tenantable and fit for the continued conduct of Lessee's program, Lessee may, but shall not be required to, repair the damage and restore the same to substantially their condition immediately prior to the happening of such event. In the event that the Premises or improvements are not restored and repaired within thirty (30) days after the occurrence, or if it reasonably appears that said repairs and restoration cannot be effected within thirty (30) days of the date of the occurrence, Lessee may, at its option, terminate this Lease by written notice to Lessor, which termination shall be effective upon receipt by Lessor. 12. Taxes. The Premises are currently a tax-exempt property. If, due to Lessee's use of the Premises, the taxation status of the Premises changes, Lessee shall be responsible for paying, before delinquent, all property taxes levied against the Premises that are assessed or payable during the Term. Lessor shall not be liable for any taxes on Lessee's personal or other property located on or at the Premises. 13. Suitability. Lessor makes no warranty, express, implied, statutory, or by operation of law, as to the quality, fitness, or suitability for a particular purpose of the Premises or any component thereof for Lessee's intended use of the Premises as part of a Head Start Program, including, without limitation, appropriate zoning, licensures or other governmental approvals that may be required for the intended use. Lessee has been given the opportunity to inspect the Premises and make such other inquiries and investigations as it deemed necessary, and has determined to lease the Premises based on such inspection. Page 3 of 6 14. Off -Hour Use. Lessee shall have the right to use the Premises at all hours and on any day of the week as needed for all purposes related to the operation of a Head Start Program. 15. Right of Assignment by Lessor. Lessor may assign or otherwise convey its interest in the Property provided that the transferee agrees to assume all of Lessor's obligations stated herein. 16. Notices. Any notice which may or shall be given under the terms of this Lease shall be in writing and shall be either delivered in person or sent by United States registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: To Lessor: Weld County Monica Mika, Director of Administration 915 Tenth Street Greeley, Colorado 80631 To Lessee: CDI Serving Weld County -Head Start c/o/ Dr. Janet Flaugher P.O. Box 939 —Suite L-90 Greeley, Colorado 80632 A party may change such address from time to time by giving notice as provided above. Notice shall be deemed given when delivered (if delivered by hand) or when deposited in the United States mail, postage prepaid, as provided above (if sent by mail). 17. Miscellaneous: a. Lessor, the Weld County Board of Commissioners, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Lessee, its employees, volunteers, or agents while performing this Agreement. Lessee, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of Lessor, or its employees, volunteers, guest, invitees, or agents while performing functions as described in this Agreement. Lessor shall provide adequate liability and worker's compensation insurance for all of its employees, volunteers agents engaged in the performance of this Agreement, as required by the Colorado Worker's Compensation Act. b. This agreement between the parties does not confer responsibility or liability upon Lessor for the activities, content and programs performed in the leased premises by Lessee, nor does Lessor endorse any part of the program, processes or procedures of Lessee. c. No officer, member, or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. Page 4 of 6 d. Lessor and Lessee assure that no person shall, on the grounds of race, creed, color, sex, handicap, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the Agreement. e. No portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. £ No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraph, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. g. h. This Lease, together with the attachments, constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. There are no collateral understandings, agreements, commitments, representations, or warranties of any kind except those expressly set forth herein. This Lease shall be interpreted and construed under the substantive laws of the State of Colorado, excluding therefrom only its laws pertaining to choice of law. The provisions of this Lease shall apply to, bind and inure to the benefit of Lessor and Lessee, and their respective successors, legal representatives and assigns. No amendment to or modification of this Lease and no waiver of any provision hereof shall be effective unless it is in writing and signed by each party hereto. The captions in this Lease and in the attachments hereto are for convenience only and shall not be considered as part of or affect the construction or interpretation of any provision of this Lease. It is expressly understood and agreed that the enforcement of the terms and conditions of this Lease Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Lease shall give or allow any claim or right of action whatsoever by any other person not included in this Lease. It is the express intention of the undersigned parties that any person and/or entity other than the undersigned parties receiving services or benefits under this Lease shall be an incidental beneficiary only. Lessee shall be required to defend Lessor from all claims made against Lessor, its agents, employees and/or officers in the event that an action is filed against Lessor which arises from the actions and/or negligence of the Lessee. Lessee further agrees to pay all legal fees and costs incurred by Lessor in such actions. Page 5of6 k. The Weld County District/County Courts shall have exclusive jurisdiction over any litigation involving the parties to this lease and concerning the enforcement of any rights or responsibilities under this lease. 20. Termination for Convenience of Lessee: Lessee may terminate this lease at any time by giving written notice to Lessor of such termination within sixty calendar days of the date of the notice and specifying the effective date thereof. 22. Governmental Immunity: Nothing in this lease agreement shall be deemed a waiver of the Colorado Governmental Immunity Act therefore, no portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. IN WITNESS WHEREOF, the parties have entered into this Lease as of the date first written above. LESSOR: CLERK TO THE BOA COUNTY COMMISSI BY: Deputy Clerk to the Board Federal Tax Identification Number: 84-6000813 COUNTY OF WELD, STATE OF COLORADO, A BODY POLITIC AND CORPORATE OF THE STATE OF COLORADO BY: William F. Garcia, Chairman DEC 1 6 2009 LESSEE: COMMUNITY DEVELOPMENT INSTITUTE, HEAD START, A COLORADO NON-PROFIT CORPORATION BY: -63t) Page 6 of 6 acc9- 3295 Community Development Institute Head Start t National Interim Management Contract 10065 E. Harvard Avenue, Suite 700 Denver, CO 80231 (877) 789-4900 " Fax (720) 747-5148 December 17, 2009 Monica Mika, Director of Administration Weld County 915 Tenth Street Greeley, CO 80631 Dear Ms. Mika, Please find enclosed (2) original leases for property located at 320 Maple Drive. Please sign both leases and ensure that (1) original is returned to my attention at the address shown above. Please feel free to contact me with any questions at 720.248.2063. Your prompt attention to this matter is greatly appreciated. Best Regards, Lauri Gravelin Administrative Assistant LL I 6/3/04 Hello