HomeMy WebLinkAbout20082804.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CATHOLIC
CHARITIES AND COMMUNITY SERVICES FARM LABOR 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, and Catholic Charities and Community Services
Farm Labor Housing Corporation,commencing October 1,2008,and ending September 30, 2013,
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 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,and Catholic Charities and Community Services Farm Labor 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 20th day of October, A.D., 2008, nunc pro tunc October 1, 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /cc, �we
,
161 F - William H. Jerke, Chair
Weld County Clerk tAd.�„
° EXCUSED
Robert q. 29i, Pro-Tem
BY:
Deputy Cler o the Board
Willi Garcia
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APP AS 4'v1 F _);
David E. Long
ounty Attorney
ouglas emach�
Date of signature:
/ 2008-2804
HR0079
H-SC ) //-Dq-c
MEMORANDUM
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f, DATE: September 16, 2008
WIlD�"� TO: William H. Jerke, Chair,Board of County Co iss ners
O FROM: Judy A. Griego,Director,Hum ices
COLORADO RE: Agreements between the Weld County Department of
Human Services and Various Providers
Enclosed for Board approval are Agreements between the Weld County Department of Human
Services and the various providers of: Transitions Psychology Group, LLC, and Catholic
Charities and Community Services Farm Labor Housing Corporation. These Agreements were
presented at the Board's September 8, 2008, Work Session.
The major provisions of these Agreements are:
Contractor&
No. Term Type of Service Contract Amount
1 Transitions Psychology Group,LLC Vocational Assessments, $95.00-$1,500.00
Individual, family and
July 1, 2008—June 30, 2009 group counseling; life Max. $120,000.00
skill coaching
2 Catholic Charities and Community Lease property at
Services Farm Labor Housing 2500 1st Avenue, $750.00 per Month
Corporation Building CC, Greeley
For Head Start Program
October 1,2008—September 30,2013
If you have questions, please give me a call at extension 6510.
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2008-2804
LEASE AGREEMENT
THIS LEASE AGREEMENT (this "Lease"or"Agreement"),made and entered into this
day of October, 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 Department of
Human Services' Family Educational Network of Weld County's Head Start Program hereinafter
referred to as "Tenant" or "FENWC", and the Catholic Charties and Community Services Farm
Labor Housing Corporation, a Colorado nonprofit corporation, hereinafter referred to as the
"Landlord" or"CCFLH".
WITNESSETH
WHEREAS,Landlord owns the property known as 25001s` Avenue,Building CC,Greeley,
Colorado 80631 (the "Premises") and depicted on Exhibit A, attached hereto; and
WHEREAS, the Landlord desires to lease to Tenant, and Tenant desires to lease from
Landlord, the Premises for use in the Head Start Program, subject to the terms hereof.
NOW, THEREFORE, the parties hereto agree as follows:
1. Premises. For and in consideration of Rent (as defined below) and of the covenants and
agreements herein contained, Landlord does hereby lease and demise unto Tenant, the
Premises, together with all improvements and personal property located thereon and all
appurtenances thereto.
2. Term and Possession. The term of this Agreement shall be from October 1, 2008
("Commencement Date")through September 30,2013,unless sooner terminated or extended
according to the terms hereof(the "Term"). Landlord hereby grants to Tenant the right to
extend this Lease for additional periods of one (1) year each (each, 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 Lease shall automatically renew into the successive Extension
Term. Landlord will deliver possession of the property to Tenant on the Commencement
Date. Tenant will accept the Premises in its"as is"condition as of the Commencement Date.
3. Rent. Tenant shall pay Landlord as rent during the Term the amount of Seven Hundred and
Fifty Dollars ($750) per month, in advance, on the P day of each month ("Rent"). Rent
payments should be sent to Landlord at the address specified in the notice provision. Rental
for any portion of a month shall be prorated on a per diem basis.
4. Use. The Premises may be occupied and used by Tenant for the purpose of conducting a
Head Start Program and other activities related thereto, and for no other purposes.
5. Utilities and Services. Tenant 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
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water, gas, electricity, telephone, and other utilities and services, together with any taxes
thereon. Tenant shall provide janitorial services for the Premises,if so desired. Tenant shall
have access to trash facilities located on Landlord's adjacent property. Landlord shall collect
from Tenant Fifty Dollars ($50.00) per month, payable with monthly Rent, for a portion of
the trash removal service charge.
6. Access and Alterations. Landlord shall have the right to enter the Premises to examine and
inspect the same,or to make such repairs,additions,or alterations,as it may deem necessary
or proper for the safety, improvements or preservation thereof; provided, however, that
Landlord shall provide 24 hours notice to Tenant prior to entry, except in the event of an
emergency or with the prior approval of Tenant. Tenant shall make no material alterations in
or additions to the Premises without written permission and consent of the Landlord,which
consent shall not be unreasonably withheld. Any alterations undertaken at the request of
Tenant shall be performed by Landlord or its agents, at Tenant's sole cost and expense.
Removal of alterations undertaken at the request of Tenant shall be performed by Landlord or
its agents, at Tenant's sole cost and expense.
7. Tenant Maintenance. Tenant agrees to keep said building space in as good repair as it was
found upon being occupied by the Tenant. Tenant agrees to pay for all damage caused by the
Tenant, its agents, guests and invitees, not considered to be ordinary wear and tear. Tenant
shall promptly give notice to Landlord of any damage and have Landlord make all necessary
repairs at Tenant's sole expense,if such damage is solely due to Tenant's use of the Premises.
If Tenant fails to notify Landlord of damage caused by it and such damage is discovered by
Landlord, Landlord shall provide written notice to Tenant of said needed repairs and then
Landlord, at its option, may make such repairs or replacements, and Tenant shall pay the
reasonable cost thereof to Landlord within thirty(30) days of demand.
8. Landlord Maintenance. Landlord 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, unless caused by negligence on the part of the Tenant.
9. Landlord Insurance. Landlord 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 full
replacement value of the Premises as determined from time to time.
10. Tenant's Insurance. During the term of this Lease, Tenant, at its sole cost and expense, for
the mutual benefit of Landlord and Tenant, shall carry and maintain the following type of
insurance: (a)worker's compensation insurance insuring Tenant 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 Tenant covering Tenant's personal property situated within the Premises;(c)commercial
general liability insurance written on an occurrence form, including blanket contractual
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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. Tenant
will, upon written request by Landlord, provide Landlord with a certificate of insurance
properly executed by its insurance company evidencing such coverage. The Landlord will
not be held liable for any loss of or damage to Tenant's personal property located on the
Premises except as caused by the gross negligence or omission of Landlord.
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 untenantable or unsuitable for the conduct
of Tenant's program, this Lease shall terminate as of the occurrence of such damage or
destruction, and all rents and other charges shall be adjusted and prorated. 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 Tenant's program,Landlord shall,
with all reasonable diligence, 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,Tenant may, at its option, terminate this Lease by written
notice to Landlord, which termination shall be effective upon receipt by Landlord.
12. Taxes. The Premises are currently a tax-exempt property. If, due to Tenant's use of the
Premises,the taxation status of the Premises changes,Tenant shall be responsible for paying
before delinquent all property taxes levied against the Premises that are assessed or payable
during the Term. Landlord shall not be liable for any taxes on Tenant's personal or other
property located on or at the Premises.
13. Default by Landlord. In the event that Landlord fails to perform any term of this Lease on
the part of Landlord to be performed, Tenant shall provide written notice of such default to
Landlord. Landlord will have thirty(30) days after the date of receiving such notice to cure
the default (or in the event such default is of such a character as to require more than thirty
(30) days to cure, Landlord shall commence to cure such default within thirty(30)days and
proceed with such cure with reasonable diligence). If Landlord fails to cure such default
within the applicable cure period,Tenant may perform such covenant or agreement for or on
behalf of Landlord. Any amount advanced by Tenant on Landlord's behalf must be repaid by
Landlord to Tenant on demand. If Landlord fails to repay any such amount upon demand,
Tenant may,without forfeiture of its rights herein, deduct the same from the next installment
or installments of Rent to accrue under this Lease.
14. Default by Tenant. In the event Tenant shall default in any of the terms and provisions of
this Lease, Landlord shall forward written notice of such default to Tenant, and Tenant will
have thirty(30)days after the date of receiving such notice to cure the default,or fifteen(15)
days in the case of a monetary default. If a default is of such a character as to require more
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than thirty (30) days to cure, Tenant will commence to cure such default within thirty(30)
days and proceed with reasonable diligence. If Tenant fails to cure a default within the cure
period,Landlord may: (i)cure such default, and the cost and expense thereof will be deemed
to be additional rent to be paid by Tenant on the next date when Rent is due, or (ii) at its
option, terminate this Lease.
15. Suitability. Landlord 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 Tenant'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. Tenant 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.
16. Off-Hour Use. Landlord shall have the right to use the Premises during non-operational
hours as needed without charge. Landlord will provide to Tenant a minimum of one (1)
week advance notice of any needed occasional off-hour usage. Off-hour usage by Landlord
shall be solely for the purposes of: (i) community meetings, training events, and similar
community oriented activities; and (ii) child care associated with any of these activities.
Landlord shall be responsible for any maintenance and janitorial services required as a result
of Landlord's off-hour use of the Premises.
17. Right of Assignment by Landlord. Landlord may assign or otherwise convey its interest in
the Property provided that the transferee agrees to assume all of Landlord's obligations stated
herein.
18. 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 Landlord: CCFLH
4045 Pecos Street
Denver, CO 80211
Attn: Chuck Sullivan
To Tenant: FENWC
P.O. Box 1805
Greeley, CO 80632
Attn: Dr. Janet Flaugher
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).
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19. Miscellaneous:
a. Tenant, 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 Landlord,
its employees,volunteers,or agents while performing this Agreement. Landlord,its officers
and employees, shall not be held liable for injuries or damages caused by any negligent acts
or omissions of FENWC, or its employees, volunteers, guest, invitees, or agents while
performing functions as described in this Agreement. Landlord 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 FENWC and CCFLH does not confer responsibility or liability upon
CCFLH for the activities, content and programs performed in the leased premises by
FENWC, nor does CCFLH endorse any part of the program, processes or procedures of
FENWC.
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. Landlord and FENWC 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 shall be deemed to constitute a waiver of any immunities the
parties or 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.
f. 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.
g. 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.
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
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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
Landlord and Tenant, 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, except by a legal
proceeding for interpleader, joiner, or similar action. 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.
20. Termination for Convenience of Tenant: Tenant may terminate this lease at any time by
giving written notice to Landlord of such termination within sixty calendar days of the
date of the notice and specifying the effective date thereof. If the lease is terminated by
Tenant during the course of one month, Tenant will pay to the Landlord a pro-rata sum for
the partial month during which Tenant occupies the leased premises.
21. Funds Limitation: Weld County is a Colorado public entity and all financial obligations
extending beyond the current fiscal year are subject to funds being budgeted and
appropriated therefore. In the event sufficient funds are not appropriated, budgeted or
made available for Tenant to meet its obligation under this lease, Tenant may unilaterally
terminate the Lease by giving written notice to Landlord by the last day of the eleventh
month of the fiscal year, in which case the lease will terminate on the first day of the first
month of the next fiscal year. (For example, notice of termination by November 1 of
2008, would terminate the Lease on the first day of January 1, 2009. Tenant agrees to
provide Landlord with as much advance notice of termination as possible.
22. Governmental Immunity: Nothing in this lease agreement shall be deemed a waiver of
the Colorado Governmental Immunity Act
IN WITNESS WHEREOF, the parties have entered into this Lease as of the date first
written above.
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Tenant: Landlord:
THE BOARD OF COUNTY CATHOLIC CHARITIES AND
COMMISSIONERS OF WELD COUNTY, COMMUNITY SERVICES FARM LABOR
COLORADO HOUSINGc
By: �l ,��G� By:
Its: Chair Its: f a✓ii✓t 4 erceee_
Print: William H. Jerke Print: fi`e,.jc.. ire-t;,/,'
" 1,42 4/ 2 0 2008
ATTEST: ,,,a
WELD COUNTY CLERK TO THE OARD '
By: *Deputy Cler the Board -�-
Weld ty Dep rtment f Hum n Services
Judy G g , Dire or
7
acre Re°
Exhibit A
Depiction of the Premises
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