HomeMy WebLinkAbout20082576.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR PARENT EDUCATION CENTER AND
AUTHORIZE CHAIR TO SIGN - COLORADO RECOVERY PROPERTIES, LTD. V
PARTNERSHIP
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 the Parent
Education Center 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
Colorado Recovery Properties, Ltd. V Partnership, commencing September 1, 2008, and ending
August 31, 2011, 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 for the Parent Education Center 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 Colorado Recovery Properties, Ltd. V
Partnership 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 24th day of September, A.D., 2008, nunc pro tunc September 1, 2008.
I�~%eBOARD OF COUNTY COMMISSIONERS
��� ) ELD COUNTY, COLORADO
ATTEST: �G ����/" 'I ,o c �a F USED
iam H. Jerke, Chair
Wele ounty Clerk to the Bo_rte vet \
CUSED
i I � 'VRobert . M- .en, ro-Tem
BY: I l t .,l L2a " AMAA
De. y Cler, o the Board
W m F. Garcia, A ng Chair Pro-Tem
AP V AST Gu go
vid E. Long
unty ttorney
Douglas ademacher
Date of signature: f0 310
2008-2576
HR0079
(16 : )`/oc( mac; ) io
MEMORANDUM
a
f ,�11 DATE: September 15, 2008
WIlD
TO: William H. Jerke, Chair, Board of County Commissioners
�•FROM: Judy A. Griego, Director, Hum en/ es Department
COLORADO i
SUBJECT: Lease Agreement b een th Weld C ty De artment of
Human Services and reeley Building
Enclosed for Board approval is a Lease Agreement between the Weld County Department of
Human Services and the Greeley Building. This Agreement was presented at the September 8,
2008, Board Work Session.
The major provisions of this Agreement are:
1. The Lease Agreement is for the Departments Parent Education Center that provides
supervised visitation.
2. The location of the space for lease is at 710 11th Avenue,Greeley,Colorado and consist of
Suites 201 and 202.
3. Fifteen (15) parking spaces are allocated for employees of the Department of Human
Services.
4. The monthly rent starts at$4,095.00 per month for the first year, $4,215.00 for the second
year, and $4,335.00 for the third year.
5. The term of this Lease Agreement is from September 1, 2008 through August 31, 2011.
If you have questions please give me a call at extension 6510.
Com.LA.GreeleyBu i Iding091508
2008-2576
LEASE
THIS LEASE, made and entered into this 1st day of September 2008 , by
and between Colorado Recovery Properties, Ltd . V Partnership, whose
address is P .D. Box 535 , Greeley, Colorado 80632 , hereinafter referred to
as "Lessor" , and the Board of County Commissioners , Weld County, State of
Colorado, by and on behalf of The Weld County Department of Social
Services, whose address is 915 Tenth Street , Greeley, Colorado 80631 ,
hereinafter referred to as "Lessee" .
WITNESSETH:
LEASED PREMISES
That in consideration of the payment of the rent and/or other
compensation and in the keeping and performance of the covenants and
agreements by Lessee, hereinafter set forth, Lessor hereby leases unto
Lessee the following described property:
Suites 201 and 202 of The Greeley Building located at 710 11th
Avenue, Greeley, Colorado 80631 . The space consists of 3 , 651 square feet .
Lessor agrees to provide to Lessee two chairs, one loveseat and one
coffee table for the reception area of the leased premises .
In addition, Lessee shall receive five ( 5 ) assigned parking spaces in
the north parking lot allocated solely for its employees . Lessee shall
have the right to use an additional eight ( 8 ) parking spaces on a non-
reserved basis .
Lessee will install at the leased premises and at Lessee' s cost,
dedicated telephone line and/or data connections, and any additional
communications link as Lessee may determine to be necessary. Lessee agrees
to purchase, install and maintain any LAN/WAN equipment required for
Lessee/County employees . Lessee will be responsible for any modifications
necessary for Lessee/County employees at the leased premises, to acquire
secure access for data/voice on the Weld County Network. Lessee may use
existing hole in Northeast corner of building to pull data connection from
roof. Lessee will be permitted to mount an antenna on the Northwest corner
of the building for data connectivity.
FINANCIAL OBLIGATIONS OF THE PARTIES
A . The above building space and parking spaces shall be leased to
the Lessee from October 1 , 2008 through September 30 , 2011 , at and for a
rental , for the full term aforesaid , of One Hundred Fifty One Thousand
Seven Hundred Forty and no/100 Dollars ( $151 , 740 . 00 ) . Said rent shall be
payable in monthly installments as follows :
Four Thousand Ninety Five & no/100 Dollars ( $4 , 095 ) per month for the
first twelve ( 12 ) months of the term;
Four Thousand Two Hundred Fifteen & no/100 Dollars ( $4 , 215 ) for the second
twelve ( 12 ) months of the term; and
IIV'slj,'T Thousand Three Hundred Thirty Five & no/100 Dollars ( $4 , 335 ) for the
and final twelve ( 12 ) months of the term .
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Each monthly installments shall be payable in advance, on or before the
first day of each calendar month during said term at the office of the
Lessor .
B. Lessor shall be responsible for the payment of all utilities ,
taxes, maintenance, insurance , janitorial and all other building operating
costs, based upon the total of said expenses from January 1 , 2007 , through
December 31 , 2007 . Lessee shall be responsible for its pro rata share of
any incremental increase above the amount accrued during the 2007 calendar
year . If there is no increase in real property taxes, utilities and or
insurance, there will be no additional expense billing . Lessee' s pro rata
share of excess expenses shall be determined by the application of a
fraction to the total excess expenses . Lessee ' s fraction will be
determined by the number of square feet leased by Lessee as the numerator
and the total number of leasable square feet in The Greeley Building as
the denominator .
C. Lessee shall be given a Five Thousand Dollar ( $5 , 000 . 00 ) Tenant
Improvement Allowance (TI ) . The TI may be used by Lessee either to improve
the leased space, to offset moving costs, or as a rent credit , at the sole
discretion of Lessee .
RIGHTS AND OBILGATIONS OF LESSEE
Lessee, in consideration of leasing of said property as aforesaid,
covenants and agrees as follows :
A. To pay the rent for the aforesaid property as hereinabove
provided;
B. To keep any improvements upon leased real property, and all
other property covered by this Lease in good repair and at the expense of
the Lessee and at the expiration of this Lease, to surrender and deliver
up said property in as good order and condition as when the same where
first provided, loss by fire , inevitable accident , or ordinary wear and
tear excepted :
C. To sublet no part of real property covered by this Lease, nor
assign this Lease or any interest herein, without the prior written
consent of the Lessor ;
D. To keep any real property covered by this Lease clean and in the
sanitary condition as required by the ordinances and the health and police
regulations of the local jurisdiction in which the property is located .
EARLY TERMINATION
A. Lessee shall be entitled to terminate this lease without penalty
at any time during the term of this lease upon providing Lessor with a one
hundred and twenty, ( 120 ) , day written notice of its intent to quit the
premises .
B. Lessor acknowledges that Lessee is a governmental entity, and as
such, may not receive the funding needed to pay the lease amount . In the
(N)I16fit that Lessee fails to receive adequate funding to maintain its
Tenant
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obligations under this Lease Agreement , Lessee shall be entitled to
terminate this lease upon providing Lessor with a sixty ( 60 ) day written
notice .
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands
and seals the day and year first written above .
,--(--c7.1;1::::*„, TENANT:
/' TJ r i! ' A
ATTEST: �, BOARD OF COUNTY COMMISSIONERS
OF WELD COU COLORADO
CLERK TO THE BOAR
COUNTY COMMISSION ^
\ ��9� William F. Garcia Chair Pro-Tem
By : £ySktotheBoard
09/24/2008
APPR D AS TO
We County Attorney
LESSOR : COLORAD C Y PROPERTIES, LTD. V PARTNERSHIP
By: k7'7
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M. T er Notes er
Thomas & Tyler, LLC (General Partner )
Greeley, Colorado
STATE OF COLORADO )
COUNTY OF WELD
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UBSCRIBED AND SWORN to before� me this • Ii day of
SC Rh 2008 , by V1, 1-q\e-ii ( 4JTC411n(1J •
WITNESS my hand and official seal .
Notary Public
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ADDENDUM TO LEASE
RULES AND REGULATIONS
Except as otherwise provided in any provision of the Lease the following
Rules and Regulations shall apply:
1 . The sidewalks, entrances, halls, corridors, elevators and stairways
of the building and Building Complex shall not be obstructed or used
as a waiting or lounging place by tenants, and their agents,
servants, employees, invitees, licensees and visitors . All entrance
doors leading from any leased premises to the hallways are to be kept
closed at all times .
2 . Landlord reserves the right to refuse admittance to the building
between the hours of 6: 00 p.m. and 8 : 00 a.m. Monday through Saturday,
and from 1 : 00 p.m. Saturday to 8 : 00 a.m. Monday to any person not
producing a key to its leased premises . In case of invasion, riot,
public excitement or other commotion, Landlord also reserves the
right to prevent access to the building during the continuance of
same. Landlord shall in no case be liable for damages for the
admission or exclusion of any person to or from the building .
3 . Landlord will furnish each tenant with two (2) keys to each door lock
on its leased premises, and Landlord may take a reasonable charge for
any additional keys requested by any tenant . No tenant shall alter
any lock, or install new or additional locks or bolts on any door
without the prior written approval of Landlord. In the event of such
alteration tenant shall supply Landlord with a key for any such lock
or bolt . Each tenant, upon the expiration or termination of its
tenancy, shall deliver to Landlord all keys in any such tenant ' s
possession for all locks and bolts in the building.
4 . In order that the building may be kept in a state of cleanliness,
each tenant shall, during the term of its lease, permit Landlord ' s
employees (or Landlord' s agent ' s employees) to take care of and clean
its leased premises . No tenant shall cause any unnecessary labor by
reason of such tenant ' s carelessness or indifference in the
preservation of good order and cleanliness of its leased premises .
Tenants will use reasonable efforts to see that (i) the windows are
closed, (ii) the doors are securely locked, and (iii) all water
faucets and other utilities are shut off (so as to prevent waste or
damage) each day before leaving its leased premises . In the event
tenants must dispose of crates, boxes, etc. , which will not fit into
office waste paper baskets, it will be the responsibility of such
tenant to dispose of same . In no event shall any tenant set such
items in public hallways or other areas of the building, excepting
such tenant ' s own leased premises, for disposal .
5 . All damage done to the building by the delivery or removal of
personal property, equipment, trade fixtures, merchandise and other
similar items, or by reason of their presence in the building, shall
be paid to Landlord, immediately upon demand, by such tenant by,
through, or under whom such damage was done. No iron safe or other
heavy or bulky object shall be delivered to or removed from the
building, except by experienced safe men, movers or riggers approved
in writing by the Landlord. There shall not be used in any space, or
in the public halls of the building, either by such tenant or by
jobbers or others, in the delivery or receipt of merchandise, any
hand trucks, except those equipped with rubber tires .
6. The walls, partitions, skylights, windows, doors and transoms that
reflect or admit light into passageways or into any other part of the
building shall not be covered or obstructed by any of the tenants,
without the prior written approval of Landlord.
7 . The toilet rooms, toilets, urinals, wash bowls and water apparatus
shall not be used for any purposes other than for those for which
they were constructed or installed, and no sweepings, rubbish,
chemicals, or other unsuitable substances shall be thrown or placed
therein. The expense of any breakage, stoppage or damage resulting
from violations of this rule shall be borne by such tenant by whom,
or by whose agents, employees, invitees, licensees or visitors, such
breakage, stoppage or damage shall have been caused.
8 . No sign, name, placard, advertisement or notice visible from the
exterior of any leased premises, shall be inscribed, painted or
affixed by a tenant on any part of the building or Building Complex
without the prior written approval of Landlord. All signs or
letterings on doors, or otherwise approved by Landlord shall be
inscribed, painted or affixed at the sole cost and expense of such
tenant, by a person approved by Landlord.
9 . Except as otherwise provided in a tenant ' s lease, no signaling,
telegraphic or telephonic instruments or devices, or other wires,
instruments or devices, shall be installed in connection with any
leased premises without the prior written approval of Landlord. Such
installations, and the boring or cutting for wires, shall be made at
the sole cost and expense of such tenant and under control and
direction of Landlord. Landlord retains, in all cases, the right to
require (i) the installation and use of such electrical protecting
devices that prevent the transmission of excessive currents of
electricity into or through the building, (ii) the changing of wires
and of their installation and arrangement underground or otherwise as
Landlord may direct, and (iii) compliance on the part of all using or
seeking access to such wires with such rules as Landlord may
• establish relating thereto. All such wires used by such tenants must
be clearly tagged at the distribution boards and junction boxes and
elsewhere in the building, with (i) the number of the leased premises
to which said wires lead, (ii) the purpose for which said wires are
used, and (iii) the name of the company operating same .
10 . Tenant, its agents, servants or employees, shall not, except as
otherwise permitted under its lease, (a) go on the roof of the
building, (b) use any additional method of heating or air
conditioning in its leased premises, (c) sweep or throw any dirt or
other substance from its leased premises into any of the halls,
corridors, elevators, or stairways of the building, (d) bring in or
keep in or about its leased premises any vehicles, bicycles or
animals of any kind, (e) install any radio or television antenna or
any other device or item on the roof, exterior walls, windows or
window sills of the building, (f) place objects against glass
partitions, doors or windows which would be unsightly from the
interior or exterior of the building, (g) use any leased premises :
(1) for lodging or sleeping, (2) for cooking (except that the use by
any tenant of equipment for brewing coffee, tea and similar beverages
shall be permitted as well as counter top microwave cooking, provided
that such use is in compliance with law) , (3) for any manufacturing,
storage or sale of merchandise or property of any kind; and (h) cause
or permit unusual or objectionable odor to be produced or permeate
from its leased premises, including, without limitation, duplicating
or printing equipment fumes . Tenant, its agents, servants and
employees, invitees, licensees, or visitors shall not permit the
operation of any musical or sound producing instruments or device
which may be heard outside leased premises or which may emit
electrical waves which will impair radio, television or other
electromagnetic spectrum broadcast or reception from or into the
building.
11 . Tenants shall not store or use in any leased premises any (a) ether,
naphtha, phosphorous, benzol, gasoline, benzine, petroleum, crude or
refined earth or coal oils, flashlight power, kerosene or camphene,
(b) any other flammable, combustible, explosive or illuminating
fluid, gas or material of any kind, and (c) any other fluid, gas or
material of any kind having an offensive odor, without the prior
written consent of Landlord.
12 . No canvassing, soliciting, distribution of hand bills or other
written material, or peddling shall be permitted in the building or
Building Complex, and tenants shall reasonably cooperate with
Landlord in prevention and elimination of same .
13 . Tenant shall give Landlord prompt notice of all accidents to or
defects in air conditioning equipment, plumbing, electrical
•
facilities or any part of appurtenances of leased premises .
14 . If any leased premises becomes infested with vermin, any tenant, at
its sole cost and expense, shall cause its premises to be
exterminated from time to time to the satisfaction of Landlord and
shall employ such exterminators as shall be approved by Landlord,
except in the event such infestation is due to Landlord' s culpable
negligence or willful misconduct .
15 . No curtains, blinds, shades, screens, awnings or other coverings or
projections of any nature shall be attached to or hung in, or used in
connection with any door, window or wall of any leased premises of
the building without the prior written consent of Landlord, which
consent shall not be unreasonably withheld or delayed.
16. Wherever the word "tenant" occurs, it is understood and agreed that
it shall also mean any tenant ' s associates, employees, agents and any
other person entering the building or leased premises under the
express or implied invitation of such tenant . Tenant shall cooperate
with Landlord to assure compliance by all such parties with rules and
regulations .
17 . Landlord reserves the right to make reasonable amendments,
modifications and additions to the rules and regulations heretofore
set forth, and to make additional reasonable rules and regulations,
as in Landlord' s reasonable judgment may from time to time be needed
for the safety, care, cleanliness and preservation of good order of
the building and Building Complex; provided that the same shall be
non-discriminatory and applied consistently to all tenants in the
building.
18 . A tenant shall not do anything in its leased premises, or bring or
keep anything herein, which will in any way increase or tend to
increase the risk of fire or rate of insurance, or which shall
conflict with the regulations of the fire department or the fire laws
or with any insurance policy on the Building Complex or any part
thereof, or with any rules or ordinances established by governmental
authority.
19 . Landlord shall have the right, exercisable without notice and without
liability to any tenant, to change the name of the building.
20 . A tenant shall not in any manner use the name of the building for any
purpose other than that of the business address of such tenant, or
use any picture or likeness of the building, in any letterheads,
envelopes, circulars, notices, advertisements, containers or wrapping
material, without Landlord' s express consent in writing.
21 . A tenant shall not overload any floor or part thereof in its leased
premises or other areas of the Building Complex, including any public
corridors or elevators therein bringing in or removing any large or
heavy articles, and Landlord may reasonably direct and control the
location of safes and all other heavy articles and reasonably require
supplementary supports at the tenant ' s expense of such material and
dimensions as Landlord may reasonably deem necessary to properly
distribute the weight .
22 . The utility closets, telephone closets, electrical closets, and other
such closets, rooms and areas shall be used only for the purposes and
in the manner designated by Landlord, and may not be used by any
tenants, or their contractors, agents, employees, or other parties,
without the prior written consent of Landlord, which consent shall
not be unreasonably withheld, conditioned or delayed.
23 . Landlord reserves the right to exclude or expel from the building or
Building Complex any person who, in the judgment of Landlord, is
intoxicated or under the influence of liquor or drugs, or who shall
in any manner do any act in violation of any of these Rules and
Regulations . Tenants shall not at any time manufacture, sell, use or
give away, any spirituous, fermented, intoxicating or alcoholic
liquors on any part of the Building Complex, nor permit any of the
same to occur (except in connection with occasional social or
business events conducted in its leased premises which do not violate
any laws nor bother or annoy any other tenants) .
24 . A tenant shall conduct no auction, fire or "going out of business"
sale or bankruptcy sale in or from its leased premises, and such
prohibition shall apply to such tenant ' s creditors .
25 . A tenant shall cooperate and comply with any reasonable safety or
security programs, including fire drills and air raid drills, and the
appointment of "fire wardens" developed by Landlord for the Property,
or required by law. Before leaving its premises unattended, a tenant
shall close and securely lock all doors or other means of entry to
the premises and shut off all lights and water faucets in the
premises (except heat to the extent necessary to prevent the freezing
or bursting of pipes) .
26. Only authorized employees or agents of a tenant having a right of
access to the roof of the building for the limited purpose of
installing, maintaining and operating an antenna, or antennas, shall
be permitted on the roof of the building. Any such tenant having an
authorized antenna on the roof of the building shall provide the
Landlord with a list of its employees and agents authorized, on
behalf of the tenant to enter onto the roof of the building to
install, maintain and operate the antenna. Anyone entering the roof
shall stay within designated walkways and shall not throw, drop or
allow foreign objects to be blown over the edge of the roof . Any and
all trash, paints, tools, or similar items shall be removed from the
roof and the area shall be left in a clean and neat condition.
27 . The interior of the building is a "non-smoking" environment .
Tenants, their agents, contractors, employees and invitees agree that
smoking will be permitted in the designated outside ground level
areas of Building Complex only.
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