The URL can be used to link to this page

Browse Search

Home My WebLink About20080513.tiff RESOLUTION RE: APPROVE FIRST AMENDMENT TO LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - FORT LUPTON FIRE PROTECTION DISTRICT 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 the First Amendment to 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 Weld County Paramedic Service, and the Fort Lupton Fire Protection District, commencing January 1, 2008, with further terms and conditions being as stated in said amendment, 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 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 Weld County Paramedic Service, and the Fort Lupton Fire Protection District 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 11th day of February, A.D., 2008, nunc pro tunc January 1, 2008. BOARD OF COUNTY COMMISSIONERS grx'1''1 WELD COUNTY, COLORADO ATTEST: � � 1 �—/ .. , m H. � Jerke, Chair Weld County Clerk to the Board a n -y3 X r [ 71 j ; s � ��'�Robe,rtd�. M sd n, ro-Tem BY: ��1 : � �j De ty Cle to the Board Willi F. Garcia (�D F M: A cv�, C O /David E. Long ounty Attorney o� si"- ougla Radema her l�Date of signature: l 2008-0513 AM0019 /0 : &li '. Pc. PhD 66`)5) .m.3/.2i FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN FORT LUPTON FIRE PROTECTION DISTRICT AND WELD COUNTY PARAMEDIC SERVICE THIS FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN FORT LUPTON FIRE PROTECTION DISTRICT AND WELD COUNTY PARAMEDIC SERVICE (this "Amendment") is made and entered into as of the signature dates set forth below, to be effective as of the 1"day of January, 2008 (the"Effective Date"), by and between Fort Lupton Fire Protection District ("FPD") and the Board of County Commissioners for the County of Weld, State of Colorado on behalf of the Weld County Paramedic Services ("WCPS"). WITNESSETH: WHEREAS, FPD and WCPS are parties to that certain Lease Agreement between Fort Lupton Fire Protection District and Weld County Paramedic Service dated August 31, 2005 ("the Agreement"), pursuant to which the WCPS agreed to lease space from FPD at Station #2 located in Fort Lupton, as more particularly described therein; and WHEREAS, the parties desire to amend the Agreement to include costs of providing satellite dishes and additional costs of providing water, in accordance with the terms and conditions hereof. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the receipt and sufficiency of which are hereby acknowledged, it is understood and agreed upon by the parties hereto as follows: 1. Amendment by Addition of a paragraph to Section 7. A third paragraph shall be added to Section 7, to read as follows: "There are currently two (2) video Dish receivers installed at Fire Station#2 to provide dish satellite service for the WCPS employees. Because those satellite dish receivers are attached to the facility, FPD is billed by Dish Network for the service. The cost per month is $5.00 per receiver. WCPS agrees to reimburse FPD at the rate of$10.00 per month commencing January 1, 2008, in addition to the Rental amount,for the use of the satellite receivers." 2. Amendment of the third paragraph of Section 8. The third paragraph of Section 8 is deleted, and replaced by the following: "Additionally, FPD purchases bottled water for the facilities at Station#2, currently supplied by Deep Rock Water. WCPS agrees to pay$60.00 per quarter(at the beginning of January, April, July, and October) in addition to the Rental amount specified in paragraph 3 for Deep Rock water available to WCPS employees." 2008-0513 3. Amendment to Section 22. Section 22 is amended to read: "This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach." 4. Agreement Effective. Except as otherwise expressly provided herein, all terms and conditions of the Agreement shall remain unmodified and in full force and effect. 5. Precedence of Amendment. In the event of a conflict between the terms and conditions of this Amendment and the terms and conditions of the Agreement, the terms and conditions of this Amendment shall govern and control. 6. Capitalized Terms. All capitalized terms used in this Amendment and not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement. 7. Incorporation. This Amendment shall be attached to, and made a part of, the Agreement. 8. Counterparts. This Amendment may be executed in one or more copies or counterparts, each of which when signed shall be an original, but all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Amendment, individually or by signature of their duly authorized representative, as of the signature dates set forth below, to be effective as of the Effective Date. BOARD OF COUNTY COMMISSIONER FOR THE COUNTY OF WELD, ?1 p II q •. t 1d ��'fit/C!/ STATE OF COLORADO 1861 By: William H. Jerke, Chair aoe FEB 1 1 2008 uty rk to the Bo rd FORT LUPTON FIRE PROTECTION r, DISTRICT By: 4/11 -11-`-4-124-' John R. Dent, P.C. ATTORNEY AT LAW 332 Denver Avenue Fort Lupton, Colorado 80621 Tel: 303-857-4667 Fax: 303-857-2467 dentlaw@gwest.net February 4, 2008 D8 © U Ms. Cyndy L. Giauque FE80 s Weld County Attorneys Office t� / WELDd' P.O. Box 758 A7 ORtiEYOUr v mod' Greeley, Colorado 80632 > orFtcF RE: First Amendment to Lease Agreement Between Fort Lupton Fire and Weld County Paramedics Dear Cyndy: Enclosed with this letter find two copies of the First Amendment to Lease Agreement drafted by yourself relative to the existing lease with the Fort Lupton Fire Protection District and the Weld County Paramedic Service. There is one original signed copy of the First Amendment enclosed and a photo copy. Please obtain the Commissioners' signature and return a signed copy to our office. I enclose a return envelope for your use in providing a signed copy to me. Thanks for your help. Sincere0y, (,. John R. Dent JRD: ig Enclosures: First Amendment to Lease with Paramedics (2 copies) cc: Phil Tiffany Hello