HomeMy WebLinkAbout20082643.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR IMPROVED REAL PROPERTY AND AUTHORIZE
CHAIR TO SIGN-COLORADO DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
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 Improved Real
Property 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, 6848 South Revere Parkway, Centennial,
Colorado 80112, commencing October 15, 2008, and ending March 31, 2011, with further terms
and conditions being as stated in said lease agreement; said property being located at 330 Park
Avenue, Fort Lupton, Colorado 80621, 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 Improved Real Property 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 lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of October, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
/� WELD COUNTY, COLORADO
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ATTEST: I y� ♦ ` y.
William H. Jerke, Chair
Weld County Clerk to the .
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De.0 y Clerwto the Board
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David E. Long Jy
ounty Attorney Snet *)da 4
Date of signature:
(` Douglas Rademacher
2008-2643
PR0030
STATE OF COLORADO
DEPARTMENT OF PERSONNEL AND ADMINISTRATION
OFFICE OF THE STATE ARCHITECT
REAL ESTATE PROGRAMS
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STANDARD
LEASE AGREEMENT [IMPROVED REAL PROPERTY]
LANDLORD Weld County Board of County Commissioners
TENANT State of Colorado, Department of Military and Veterans
Affairs
LOCATION 330 Park Avenue, Ft. Lupton, CO 80621
Form-Improved Real Property Lease(LF) I
Rev.2/2008
)oo -)L43
STATE OF COLORADO
DEPARTMENT OF PERSONNEL AND ADMINISTRATION
OFFICE OF THE STATE ARCHITECT
REAL ESTATE PROGRAMS
STANDARD LEASE AGREEMENT [IMPROVED REAL PROPERTY]
TABLE OF CONTENTS
ITEM PAGE
1. PREMISES, TERM, RENT 1
2. SERVICES 2
3. INTERRUPTION OF SERVICES 3
4. WORK REQUIREMENTS 3
5. LANDLORD'S REPRESENTATIONS 3
6. LANDLORD'S OWNERSHIP 3
7. LEASE ASSIGNMENT 3
8. EMINENT DOMAIN, TERMINATION OF LEASE 4
9. DAMAGE AND DESTRUCTION 4
10. HOLDING OVER 4
11. FISCAL FUNDING 4
12. FEDERAL FUNDING 5
13. NOTICE 5
14. CONSENT 5
15. TENANT'S TAX EXEMPT STATUS 5
16. TENANT LIABILITY EXPOSURE 5
17. SECURITY DEPOSIT 6
18. INSURANCE 6
19. CONVEYANCE OF THE PREMISES,ASSUMPTION OF LEASE,
ATTORNMENT AND NON-DISTURBANCE 6
20. COLLOCATION 7
21. CONTROLLER'S APPROVAL 7
22. INDEPENDENT CONTRACTOR 7
23. NO VIOLATION OF LAW 7
24. CHOICE OF LAW 7
25. LANDLORDNENDOR OFFSETS NOTICE 8
26. EMPLOYEE FINANCIAL INTEREST 8
27. BROKER REPRESENTATION 8
28. COMPLETE AGREEMENT 8
29. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT 8
30. ADDITIONAL PROVISIONS 8
31. SIGNATURES 9
EXHIBITS:
Exhibit A—Premises
Exhibit B—Tenant Improvements
Exhibit C—Notice of Assignment of Lease Form
Form—Improved Real Property Lease(LF) II
Rev.2/2008
LEASE AGREEMENT
[Improved Real Property]
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 form must be in bold type. All deletions must be shown by strike-through.
THIS LEASE AGREEMENT ("Lease") made and entered into this day of , 2008,
by and between Weld County Board of County Commissioners, a Political Subdivision, whose
address or principal place of business is 915 10th Street, Greeley, CO 80631, hereinafter referred to as
"Landlord", and THE STATE OF COLORADO, acting by and through the DEPARTMENT OF Military
and Veterans Affairs, whose address is 6848 South Revere Parkway, Centennial, CO 80112,
hereinafter referred to as "Tenant".
WITNESSETH:
WHEREAS, the Landlord is willing to lease the Premises, defined herein, and the Tenant desires
to lease the Premises pursuant to the terms of this 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, appropriation code 1A9 Contract Encumbrance Number PO-OAA 09000000036.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto
agree as follows:
1. PREMISES, TERM, RENT.
(A) Landlord hereby leases and demises unto Tenant the Premises, hereinafter referred to as
"Premises"within the building located at 330 Park Avenue, Ft. Lupton, CO 80621, hereinafter referred
to as"Building" (including land, improvements and other rights appurtenant thereto). The Premises,
known and described as 330 Park Avenue, Ft. Lupton, CO 80621, includes approximately seven
thousand (7,000) square feet of rentable floor area; the Premises being as shown on the plat attached
hereto, made a part hereof and marked"Exhibit A".
(B)TO HAVE AND TO HOLD the same, together with all appurtenances, unto Tenant, for the
term beginning the later of October 15, 2008 or the date the Colorado State Controller approves the
Lease ("Commencement Date"), and ending March 31, 2011, at and for a monthly rental for the full term
as shown below:
APPROXIMATED
FISCAL YEAR ANNUALIZED
TERM DATE(S) TERM RENT MONTHLY RENT SQ. FOOT COST
Commencement Date-
06/30/09 To be determined $2,625.00 $4.50
07/01/09-06/30/10 $31,500.00 $2,625.00 $4.50
07101/10-03/31/11 $23,625.00 $2,625.00 $4.50
The Premises is to be used and occupied as administrative and general office space. Payment shall
be made on the first of each month during the term hereof, to the Landlord at:
Weld County Accounting Department
P.O. Box 758
Greeley,CO 80632
or at such place as Landlord 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 12, Federal Funding, herein.
Form—Improved Real Property Lease(SF) Page 1 of 9
Rev.3/2008
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 day that exist prior to the first day of the succeeding month, with a similar
adjustment being made at the termination of the Lease.
2. SERVICES.
(A) Landlord Provided Services: Landlord shall provide to Tenant during the occupancy of said
Premises, as a part of the rental consideration, the following services comparable to those provided by other
office buildings of similar quality, size, age and location, in the Fort Lupton, Colorado office submarket. The
services shall include but not necessarily be limited to the following:
1) Services to Building and Premises.
a. Heat, ventilation and cooling as required for the comfortable use and occupancy of the Premises
during normal business hours. Landlord shall at all time be responsible for heat, ventilating and
air conditioning (HVAC)services in quantities and distributions sufficient for Tenant's use of the
Premises, including rebalancing of the HVAC distribution system as necessary, and also
including service, repair and/or replacement of equipment, parts and accessories for the HVAC
units and systems serving the Premises;
b. Electric power as supplied by the local utility company. The Tenant shall be provided with a
direct meter for their electrical, natural gas and water usage. The invoice for this service will be
sent directly to the Tenant for payment. Tenant shall be entitled to its pro rata share of the Base
Building's electrical capacity;
c. Domestic running water and sewer connections in washrooms sufficient for the normal use
thereof by occupants in the Building; and
d. Access to and egress from the Building.
2) Maintenance, Repair and Replacement. Landlord shall operate, maintain, repair and replace
the systems, facilities and equipment necessary for the proper operation of the Building and for provision of
Landlord's services under Article 2. (A) 1)above and shall maintain and repair the foundations, structure and roof
of the Building and repair damage to the Building which Landlord is obligated to insure against under this Lease
(except as provided for in Article 2(B) c. below).
3) Additional Services.
a. Maintenance of parking lot and/or structure, maintenance of the external lighting devices for the
Building parking lot and/or structure. Maintenance, repair and replacement of Tenant
Improvements for damage caused by shifting or leaking of the foundation or of any other
structural aspect or system of the Building.
b. Landlord shall have the right to enter the Premises at reasonable times and off-duty hours for the
purpose of making necessary inspections, repairs or maintenance.
(B) Tenant Provided Services: Tenant shall provide:
a. Janitorial services ;
b. Replacement of Building Standard fluorescent tubes, light bulbs and ballasts as required from
time to time as a result of normal usage;
c. Minor maintenance and repair to PORTION of any building system that does not exceed $5,000
/occurrence. Any repair and/or replacement costing more that$5,000 shall be the responsibility
of the Landlord;
Form—Improved Real Property Lease(LF) Page 2 of 9
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d. Snow removal, sidewalk repair and maintenance, landscape maintenance and trash, removal
services;
e. Heat, ventilation and cooling utility costs;
f. Electric power utility costs. The Tenant shall be provided with a direct meter for their electrical,
natural gas and water usage. The invoice for this service will be sent directly from the utility
provider to the Tenant for payment;
g. Domestic running water costs;
h. Telephone and telecommunications services.
3. 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, Tenant 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 Tenant. If such interruption continues for a period of ninety(90)consecutive
days, Tenant shall have the option to cancel and terminate this Lease without penalty.
4. WORK REQUIREMENTS. All tenant finish alterations in the Premises, now and hereafter undertaken,
shall be designed and constructed in accordance with the technical design specifications of the Uniform Federal
Accessibility Standards, latest edition. Prior to the Premises being occupied by Tenant, Landlord agrees to the
tenant improvements described in Exhibit B, attached hereto and made apart hereof. These improvements will
be at no cost to the Landlord.
5. LANDLORD'S REPRESENTATIONS.
(A) Landlord 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
improvements for this Lease, Landlord agrees to fully cooperate with Tenant in the Tenant's exercise of its duties
and responsibilities in accordance with Section V of Part B of Regulation 8.
(B)Tenant understands and acknowledges that the Premises does not meet the requirements of the
Americans with Disability Act("ADA Requirements"), because the building has limited ingress and egress
accessibility in and throughout the structure. As a result, Tenant accepts the Premises "as is"with respect to its
level of compliance with ADA Requirements, waives any right to require Landlord to bring the Premises into
compliance with ADA Requirements, and agrees to indemnify, defend, and hold harmless Landlord from any
liability incurred by Landlord due to the lack of compliance of Premises with ADA Requirements.
6. LANDLORD'S OWNERSHIP. Landlord warrants and represents itself to be the owner of, or the
authorized representative or agent of the owner of, the Premises in the form and manner as stated herein, and
during the term of this Lease covenants and agrees to warrant and defend Tenant in the quiet, peaceable
enjoyment and possession of the Premises. In the event of any dispute regarding Landlord's ownership, Landlord
shall immediately, upon request from and at no cost to Tenant, furnish proof thereof by delivering to Tenant an
"Ownership and Encumbrance Letter" issued by a properly qualified title insurance company.
Form—Improved Real Property Lease(LF) Page 3 of 9
Rev.2/2008
7. LEASE ASSIGNMENT. Tenant shall not assign this Lease and shall not sublet the Premises, except to
a desirable tenant for a similar use and purpose, and will not permit the use of said Premises to anyone, other
than Tenant, its agents or employees, without the prior written consent of Landlord, which consent shall not be
unreasonably withheld or delayed.
8. EMINENT DOMAIN, TERMINATION OF LEASE. If the 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 Landlord and Tenant, as their interests
appear.
9. DAMAGE AND DESTRUCTION. In the event the Premises are rendered untenantable or unfit for
Tenant's purposes by fire or other casualty, this Lease will immediately terminate and no rent shall accrue to
Landlord from the date of such fire or casualty. In the event the Premises are damaged by fire or other casualty
so that there is partial destruction of such Premises or such damage as to render the Premises partially
untenantable or partially unfit for Tenants 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.
10. HOLDING OVER. If Tenant shall fail to vacate the Premises upon expiration or sooner termination of
this Lease, Tenant shall be a month-to-month Tenant and subject to all the laws of the State of Colorado
applicable to such tenancy. The rent to be paid by Tenant during such continued occupancy shall be the same
being paid by Tenant as of the date of expiration or sooner termination. Landlord and Tenant each hereby agree
to give the other party at least thirty(30) days written notice prior to termination of this holdover tenancy.
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 Tenant hereby covenants to take such
action as is necessary under the laws applicable to the Tenant to timely and properly budget for, request of and
seek and pursue appropriation of funds of the General Assembly of the State of Colorado which will permit
Tenant 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 Tenant.
(B)To make certain the understanding of the parties because this Lease will extend beyond the current
fiscal year, Tenant and Landlord understand and intend that the obligation of the Tenant to pay the monthly rental
hereunder constitutes a current expense of the Tenant payable exclusively from Tenant'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 applicable to the State concerning
the creation of indebtedness. Neither the Tenant, nor the Landlord 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, Tenant 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 Tenant's control, Tenant'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 Tenant, Tenant will not
Form—Improved Real Property Lease(LF) Page 4 of 9
Rev.2/2008
then be obligated to make the payments remaining beyond Tenant's then current fiscal period. In such event,
Tenant shall notify Landlord of such non-allocation of funds by sending written notice thereof to the Landlord 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 Tenant of any other charges, liabilities, costs, guarantees,
waivers, and any awards thereon of any kind pursuant to this Lease against Tenant are contingent upon funds for
such purpose(s) being appropriated, budgeted and otherwise made available through the said State of Colorado
legislative process.
12. 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
Tenant at the end of any month provided a ninety(90) day advance notice of termination is given to the Landlord
in writing.
13. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by
registered or certified mail, return 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:
Landlord: Tenant:
Weld County Board of County Commissioners Department of Military&Veterans Affairs
915 10th Street 6848 South Revere Pkwy
Greeley, CO 80632 Centennial, CO 80112
With a copy to:
Office of the State Architect
Real Estate Programs
1313 Sherman Street, Suite 319
Denver, CO 80203
Notice of change of address shall be treated as any other notice.
14. CONSENT. Unless otherwise specifically provided, whenever consent or approval of Landlord or
Tenant 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 thirty(30)days of the date the
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.
15. TENANT'S TAX EXEMPT STATUS. The Parties acknowledge CRS 39-3-124(1)(b), effective
January 1, 2009, provides that if the state Tenant enters into a lease or is already in a lease on or after January 1,
2009, the lease or rental agreement is exempt from the levy and collection of property tax. The Tenant shall file a
copy of the Lease with the County Assessor's office. The Tenant shall notify the County Assessor's office in the
event the Lease is terminated prior to the term stated in the Lease.
16. 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 or the Landlord, its
departments 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 the state's tort laws, together
Form—Improved Real Property Lease(LF) Page 5 of 9
Rev.2/2008
with the Eleventh Amendment of the U.S. Constitution, and State Employee Qualified Immunity. . 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 Landlord or Tenant to the above cited laws.
17. SECURITY DEPOSIT. Tenant shall not be required to remit a security deposit to Landlord.
18. INSURANCE.
(A) Landlord's and Tenant'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 Parties to this
Agreement on an occurrence basis against claims for bodily injury, property damage and personal injury
liability with minimum limits as follows:
$1,000,000 each occurrence,
$2,000,000 general aggregate,
$2,000,000 products and completed operations aggregate.
(2) Workers' Compensation coverage for employees of the Landlord and the, Tenant, the employees
of their contractors or assigns as required by law and employer's liability insurance.
(B) Tenant 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
Tenant shall have the right to provide such insurance under a self-insurance program, or, at any time during the
term of this Agreement, to provide such insurance through an insurance company.
(C) Landlord shall, at its sole cost and expense, obtain Property Insurance covering the Building,
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 and Include an agreed value provision. The policy shall also include a rental loss extension.
(D) GENERAL LIABILITY, PROPERTY AND WORKERS' COMPENSATION. The Landlord and
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. All 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 contain a Waiver of Subrogation on behalf of the parties to this Lease.
19. 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 13 of this Lease in a form substantially in
conformity with that described in Exhibit C. 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 and a document constituting the Assignment of the Lease, whether it
be an assignment and assumption of Lease, deed or other evidence of the Assignment of the Lease.
(B) If Landlord fails to provide the Tenant the notice of Assignment of the Lease, provided for in
paragraph (A) herein, and Tenant receives written notice from a third-party representing to be the New Landlord
under a transaction constituting an Assignment of Lease, and the New Landlord provides Tenant the evidence of
transfer provided for in paragraph (A), Tenant shall provide the Landlord written notice by certified mail to the
Landlord at the address provided for in Article 13, as previously modified by the Landlord in writing, of the New
Form—Improved Real Property Lease(LF) Page 6 of 9
Rev.2/2008
Landlord's claim of Assignment of Lease and right to the rent. If the Landlord does not contest the New
Landlord's claim of Assignment of Lease and right to the rent in writing to Tenant within ten (10)days from the
date of Tenant's written Notice to the Landlord, the Tenant may recognize the New Landlord as the Landlord
under the Lease and the New Landlord's right to the rent payment and shall thereafter pay the monthly rent and
other obligations under the Lease to the New Landlord and the Landlord shall have waived any further rights
under the Lease and shall be barred from further right to receive rent.
(C) The New Landlord's title, right and interest in the Premises, whether by deed, foreclosure, deed
in lieu of foreclosure or assignment of the Lease, shall be subject to the Lease and the non-disturbance of
Tenant's possession of the Premises in accordance with the terms of the Lease for so long as Tenant shall not
be in default and the Tenant shall recognize the New Landlord as the Landlord under the Lease. Tenant's
attornment to the New Landlord shall not waive any rights of the Tenant against the prior Landlord. All payments
previously made by the Tenant to the prior Landlord and all other previous actions taken by the Tenant under the
Lease shall be considered to have discharged those obligations of Tenant under the Lease. The New Landlord's
acceptance of the rent payment provided for in the Lease shall constitute the New Landlord's assumption of the
Lease and the Landlord's obligations there under.
20. COLLOCATION. In the event the State of Colorado builds, leases, or otherwise acquires a building for
the purpose of collocating State agencies in one area, or designates an existing State-owned building for such
collocation of Tenant, this Lease may be terminated by the Tenant upon giving written notice to the Landlord not
less than sixty(60)days prior to the anticipated termination date.
21. CONTROLLER'S APPROVAL. In accordance with the requirements of§24-30-202 (1) C.R.S., as
amended, this Lease shall not be deemed valid until it has been approved by the State Controller, or such
assistant as he may designate.
22. INDEPENDENT CONTRACTOR. 4 CCR 801-2. The Landlord shall perform its duties hereunder as
an independent contractor and not as an employee. Neither the Landlord nor any agent or employee of the
Landlord shall be or shall be deemed to be an agent or employee of the State. Landlord shall pay when due all
required employment taxes and income tax and local head tax on any monies paid by the State pursuant to this
Lease. Landlord acknowledges that the Landlord and its employees are not entitled to unemployment insurance
benefits unless the Landlord or third party provides such coverage and that the State does not pay for or
otherwise provide such coverage. Landlord shall not have authorization, express or implied, to bind the State to
any agreements, liability, or understanding except as expressly set forth herein. Landlord shall provide and keep
in force Workers' Compensation (and provide proof of such insurance when requested by the State)and
unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the
acts of the Landlord, its employees and agents.
23. NO VIOLATION OF LAW. CRS §18-8-301, et seq. and CRS §18-8-401, et seq. 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.
24. CHOICE OF 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. Any 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. 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.
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25. LANDLORDNENDOR 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.
26. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and CRS 24-50-507. The signatories aver
that to their knowledge, no State employee has any personal or beneficial interest whatsoever in the service or
property described herein.
27. 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 affect
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.
28. 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 Landlord and the Tenant. 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.
29. ADDITIONAL PROVISIONS:
(A) ALTERATIONS. During the Lease Term, Tenant will not make or allow to be made any
alterations, additions or improvements to the Premises or any part of the Premises, or attach any fixtures or
equipment to the Premises, without first obtaining Landlord's written consent, which consent shall not be
unreasonably withheld or delayed. Landlord's consent to such alterations, additions, or improvements or
Landlord's approval of the plans, specifications, and working drawings for such alterations, additions, or
improvements will create no responsibility or liability on the part of Landlord for the completeness, design
sufficiency, or compliance with all laws, rules, and regulations of governmental agencies or authorities with
respect to such alterations, additions, or improvements.-
Form—Improved Real Property Lease(LF) Page 8 of 9
Rev.2/2008
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first above written.
CORPORATIONS: LANDLORD:
(A corporate attestation is required, C.R.S.§ ) Weld County Board of County Commissioners
ATTEST(Seal)
By:
By:
(Corporate Secretary or Equivalent, or Authorized Signatory
Town/City/County Clerk)
William H. Jerke Chair
(place corporate seal here, if available) Name (Print) Title (Print)
If LANDLORD is signing in their individual capacity,
attach Landlord affidavit verifying legal status pursuant
to C.R.S.§24-76.5-101.
STATE OF COLORADO TENANT:
Bill Ritter,Jr.,Governor STATE OF COLORADO
DEPARTMENT OF PERSONNEL&ADMINISTRATION Bill Ritter,Jr., Governor
Office of State Architect, Real Estate Programs Department of Military&Veterans Affairs
For the Executive Director p
By: a By: dal 9° /, 6'd24-
Executive Director
Date: l 1 (/ ca- Date: .2230/ ..aooFi
APPROVALS
APPROVED: ALL CONTRACTS MUST BE APPROVED BY THE STATE
STATE OF COLORADO CONTROLLER:
Bill Ritter,Jr., Governor
DEPARTMENT OF PERSONNEL&ADMINISTRATION CRS 24-30-202 requires that the State Controller approve all
For the Executive Director State contracts. This contract is not valid until the State
Controller,or such assistant as he may delegate,has signed
By: it. The Landlord is not authorized to begin performance until
State Risk Manager the contract is signed and dated below. If performance
begins prior to the date below,the State of Colorado may not
Date: be obligated to pay for the good and/or services provided.
APPROVED: APPROVED:
DEPARTMENT OF LAW STATE OF COLORADO
John Suthers,Colorado Attorney General Bill Ritter,Jr., Governor
ATTORNEY GENERAL(or authorized Delegate) STATE CONTROLLER'S OFFICE
State Controller(or authorizfi Delegate)
Date: Date: I ( D ( O Sk
Form-Improved Real Property Lease(LF) Page 9 of 9
Rev.2/2008
EXHIBIT A
PREMISES
The real estate and improvements located at the address stated in Paragraph 1, above.
Form—Improved Real Property Lease(LF) Page A-1
Rev.2/2008
EXHIBIT B
TENANT IMPROVEMENTS
Tenant Improvements may include the removal of non-load bearing walls and the addition of non-load
bearing walls.A general list of these improvements will be provided the Landlord as soon as it is available.
The specifications and the architectural drawings for these tenant improvements will be provided the
Landlord in accordance with Article 30 (A)above prior to any work commencing.
Form—Improved Real Property Lease(LF) Page B-1
Rev.2/2008
EXHIBIT C
NOTICE OF ASSIGNMENT OF LEASE
ASSUMPTION OF LEASE BY NEW LANDLORD
Date:
[Tenant]
Department of Military&Veterans Affairs [Tenant's Address for Notice
6848 South Revere Pkwy (See Art. 13 of Lease)]
Centennial, CO 80112, Tenant
Re: Lease for: , dated [Lease Address
(See Art. 1 of Lease]
, Landlord [Landlord]
Dear Tenant:
Pursuant to Article 13 of the above referenced Lease, Tenant is hereby notified that on
[date], the Lease was assigned to:
[Name/Address of New Landlord], the"New Landlord."
The New Landlord's W-9 is attached.
Evidence of the transaction constituting the Assignment of Lease is by[mark as is appropriate]:
Assignment and Assumption of Lease; _Deed [Type of Deed]; Other [Specify}
; dated, which document is attached and made part hereof.
Tenant's rental obligations after (date) should be paid to the New Landlord at:
The signatory below affirms the information provided in this Notice is true and acknowledges the New
Landlord has assumed the obligations of the Landlord under the Lease.
By:
LANDLORD
By:
NEW LANDLORD
Enclosures
Form—Improved Real Property Lease(LF) Page C-1
Rev.2/2008
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