HomeMy WebLinkAbout20081756.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TRINITY
HOUSING CORPORATION
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 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, and
the Trinity Housing Corporation, commencing June 4, 2008, and ending September 19, 2008,with
further terms and conditions being as stated in said 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 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,and the Trinity Housing Corporation
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 23rd day of June, A.D., 2008, nunc pro tunc June 4, 2008.
'rte` BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 1414/
8Fi ( ;!F q,,,q�1 William H. Jerke, Chair
Weld County Clerk to th Bo'r 'L y " '
r't , ; EXCUSED
s Robert D. Masden Pro-Tem
Deputy Cler the Board u
Will .F. Garc a
David E. Long
y Attorney
Douglas Rademac er
Date of signature: 74Aziocs)
2008-1756
eel rip c \ HR0079
/7-2 by
Memorandum
vDate: June 23, 2008
To: William H. Jerke, Chair, Board of County Commissioners
From: Judy A. Griego, Director, Dept. of Human Services
COLORADO
Subject: Lease with Trinity Housing Corp.
till 9fria,[
Enclosed for Board approval is a Lease Agreement for space for use in the Migrant and
Seasonal Head Start Program. This lease was discussed at the June 16th Work Session.
The major provisions of the lease are:
1. The location is Island Grove Apartment at 119 14`h Avenue in Greeley, Colorado.
2. The terms of the lease June 4°i—September 19, 2008.
3. The cost of the lease is $250.00 per month and $100.00 in supplies.
If you have any questions, please contact me.
Filed: BM 06 08 07.doc
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2008-1756
LEASE AGREEMENT
THIS AGREEMENT,made and entered into this ,ana/ day of June 2008 by and between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld county Division of Human Services' Family Educational Network of
Weld County's Head Start Program hereinafter referred to as "Lessee" and the Trinity Housing
Corporation of Greeley, hereinafter referred to as the"Lessor".
WITNESSETH
WHEREAS,the Lessor owns the premises known as Island Grove Apartments, located at 119 14'h
Avenue, Greeley, Colorado, and
WHEREAS,the Lessor desires to lease one room of said building to the lessee for use in the Migrant
and Seasonal Head Start Program.
NOW,THEREFORE,In consideration of the mutual covenants contained herein,the parties hereto
agree as follows:
1. The Lesser shall have access to the area described above and agreed to by the Lessee,
between the hours of 6:00 a.m. and 4:00 p.m. Monday through Friday, and occasional
evenings. Lessee will provide to the Lessor a one (1) week advance notice of any needed
occasional evening usage.
2. Rent for said building space shall be in amount of$250.00, and supplies in the amount of
$100.00 per month payable the l" of every month. The amount covers the cost of rent,
utilities and supplies. The Lessee will submit a bill for the rental of one room to the Family
Educational Network of Weld County, PO Box 1805, Greeley, Colorado 80632, in October
2008 for three months rent, utilities and supplies.
3. The Lessee will provide the costs for the Lessee's telephone installation and service.
4. The Lessee shall provide janitorial services for the aforementioned building space.
5. The Lessee agrees to keep said building space in as good repair as it was found upon being
occupied by the Lessee. Lessee agrees to pay for all damage caused by the Lessee not
considered to be ordinary wear and tear.
6. The Lessor shall be responsible for all repairs necessary to the exterior and interior of the
building,including, but not limited to,any repairs to sewers, heating units,appliances wiring,
plumbing facilities,doors, windows,door locks, etc., unless caused by negligence on the part
of the Lessee.
7. The Lessor shall provide trash removal service.
8. The term of this Agreement shall be from June 4, 2008 through September 19, 2008.
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9. The Lessee agrees to maintain liability insurance and provide Lessor with proof of insurance
certificate.
10. The Lessor will not be held liable for any loss of or damage to Lessee's furniture or
equipment placed on the premises.
11. In Kind: Provision of the above outlined services at the designated costs represents an in kind
contribution of$1725.00 to the FENWC program in the services and amounts following;
$ 1125.00 Rent: S 175 Supplies; and $425 Time/Services .
12. Assurances:
a. The Lessor agrees that it is an independent contractor and that its officers,employees,
and clients do not become employees of Weld County, and therefore are not entitled
to any employee benefits as Weld County employees, as a result of the execution of
this Agreement.
b. FENWC,the Weld County Board of Commissioners, its officers and employees, shall
not be held liable for injuries or damages caused by any negligent ads or omissions of
the Lessor, its employees, volunteers, or agents while performing this Agreement.
The Lessor,its officers and employees,shall not be held liable for injuries or damages
caused by any negligent ads or omissions of FENWC, or its employees, volunteers,
or agents while performing functions as described in this Agreement. The 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. Likewise, FENWC, by and
through the Board of Weld County Commissioners, shall provide adequate liability
and workers' compensation insurance for all employees of FENWC engaged in the
performance of this Agreement.
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.
d. The Lessor understands that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Weld County Division of Human Services and
the results provided to the Weld County Board of Commissioners.
e. The Lessor and FENWC assure compliance with Title VI of the Civil Rights Act of
1986, and 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 approved Agreement.
f No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties of their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care with respect to
any persons not a party to this Agreement.
g. No portion of this Agreement shall deemed to created an obligation on the part of the
County of Weld, State of Colorado, to expend funds not otherwise appropriated in
each succeeding year.
13. SEVERABILITY:
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.
THE BOARD OF COUNTY COMMISSIONERS TRINITY HOUSING
OF WELD COUNTY,COLORADO CORPORATION
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A.„----, e--- G-_,-, Ick- 4.5C1W
William H. Jerke, Chairperson JUN 2 3 2008 ick Maxfie d, Agent
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' 'I CLERK TO THE BOARD
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Weld unty D partme I of Hu n Services
Judy ego, Di ector
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