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Home My WebLink About20072445.tiff RESOLUTION RE: APPROVE LEASE AGREEMENT FOR VACANT LAND AND AUTHORIZE CHAIR TO SIGN 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 Vacant Land 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 Public Works, and the Colorado Department of Transportation (CDOT), commencing August 1, 2007 and ending August 1, 2012, 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 Vacant Land 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 Public Works, and the Colorado Department of Transportation (CDOT) 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 6th day of August, A.D., 2007, nunc pro tunc August 1, 2007. R:a -.., BOARD OF COUNTY COMMISSIONERS �,� . -5 �. ; W COU TY, CO ORADO ATTEST: -o'er' ` - , ' _f vid E. Long, Chair Weld County Clerk to the B t$Y*;t:-. ..1..-, . +� t„ tip , XCUSED BY: to VI . ' William H. J6 6,9- m De ty Cl to the Boaryll C Wil • m F. Garcia (� APPROVED AS,TO RM: \14 UL---Y Robert D. Masden ounty ttorney — ,>, / Q� vc4.>{— 6 f�C IL Dougla Rademache Date of signature: 0( 2007-2445 EG0056 MEMORANDUM VI D' TO: Clerk to the Board DATE: 7/27/2007 C. COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Agenda Item Lease Agreement with the State of Colorado,Department of Transportation for the property located on the SE corner of SH 14 and SH 392 in Briggsdale. The appropriate documentation is attached. M:\Francie\Agend-Leon.doc - n 1177,2 C ic T t%) N J 2007-2445 PROPERTY MGMT. NO. PROJECT NO. PARCEL NO. PROPERTY LOCATION LEASE AGREEMENT (Vacant Land) THIS LEASE AGREEMENT, made and entered into this I'r day of itc � 2007, by and between WELD COUNTY , whose address or principal place of business is 1111 H STREET PO BOX 758 GREELEY,CO 80632-0758,hereinafter referred to as"Lessor',and THE STATE OF COLORADO,acting by and through the DEPARTMENT OF TRANSPORTATION hereinafter referred to as "Lessee". W ITN ESSETH: WHEREAS, as to Lessee, 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 NOW, THEREFORE, in consideration of the mutual promises contained herein,the parties hereto agree as follows: 1. PREMISES, TERM, RENT. (A) Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred to as"Premises"located at the SE corner of State Highway 14 and State Highway 392 in Briggsdale. The Premises, known and described as (see attached legal), includes approximately 45.394 square feet of land; the leased 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 Lessee,for the term beginning August 1, 2007, and ending August 1, 2012, at and for a yearly rental of$ 1.00 . The Premises is to be used and occupied as maintenance vehicle parking and road materials storage space. Payment shall be made on or before the first day of the lease for the full term of the lease hereof, to the Lessor at: 915 10th Street Greeley, Colorado 80631 Or at such place as Lessor from time to time designates by notice as provided herein,subject to the limitations and conditions set forth in article 7, Fiscal Funding and article 10, Federal Funding herein. 2. MAINTENANCE OF PREMISES. Lessor shall, unless herein specified to the contrary, maintain the Premises in good repair and in tenantable condition during the term of this lease, except in the event of damage arising from an act or the negligence of Lessee, its agents or employees. Lessor shall have the right to enter the Premises at reasonable times for the purpose of making necessary inspections and repairs or maintenance. 3. LESSOR'S OWNERSHIP. Lessor warrants and represents himself to be the owner of, or the authorized representative or agent of the owner of, the leased Premises in the form and manner as stated herein, and during the term of this lease covenants and agrees to warrant and defend Lessee in the quiet, peaceable enjoyment and possession of the leased Premises. In the event of any dispute regarding Lessor's Rev.4/98 Page 1 of 5 o?©0 9- 07 56 ownership, Lessor shall immediately, upon request from and at no cost to Lessee, furnish proof thereof by delivering to Lessee an "Ownership and Encumbrance Letter" issued by a properly qualified title insurance company. 4. LEASE ASSIGNMENT. Lessee shall not assign this lease and shall not sublet the demised 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 Lessee, its agents or employees, without the prior written consent of Lessor. 5. APPLICABLE 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 compliant, 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. 6. 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 Lessee hereby covenants to take such action as is necessary under the laws applicable to the Lessee to timely and properly budget for,request of and seek and pursue appropriation of funds of the Legislature of the State of Colorado which will permit Lessee 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 Lessee. (B) To make certain the understanding of the parties because this lease will extend beyond the current fiscal year, Lessee and Lessor understand and intent that the obligation of the Lessee to pay the monthly rental hereunder constitutes a current expense of the Lessee payable exclusively from Lessee'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 Lessee, nor the Lessor 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 limitation in mind, Lessee 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 Lessee's control,Lessee'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 Lessee,Lessee will not then be obligated to make the payments remaining beyond Lessee's then current fiscal period. In such event, Lessee shall notify Lessor of such non-allocation of funds by sending written notice thereof to the Lessor 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 Lessee of any other charges,liabilities,costs,guarantees, waivers,and any awards thereon of any kind pursuant to this lease against Lessee are contingent upon funds Rev.4/98 Page 2 of 5 for such purpose(s) being appropriated, budgeted and otherwise made available through the said State of Colorado legislature process. 7. 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. 8. 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 Lessor and the Lessee. 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. 9. 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 Lessee at the end of any month provided a ninety(90)day advance notice of termination is given to the Lessor in writing. 10. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 11. NO VIOLATION OF LAW. 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. 12. CHIEF ENGINEER'S APPROVAL. This lease shall not be deemed valid until it has been approved by the Chief Engineer, or such assistant as he may designate. 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: LESSOR: Weld County Colorado LESSEE: Colorado Department of Transportation 915 10th Street State of Colorado Greeley, CO 80631 1420 2nd Street Greeley, CO 80631 Notice of change of address shall be treated as any other notice. 14. HOLDING OVER. If Lessee shall fail to vacate the Premises upon expiration or sooner termination of this lease, Lessee shall be a month-to-month Lessee and subject to all the laws of the State of Colorado applicable to such tenancy. The rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of the date of expiration or sooner termination. Lessor and Lessee each hereby agree to give the other party at least thirty(30)days written notice prior to termination of this holdover tenancy. Rev.4/98 Page 3 of 5 15. LESSEE 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 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. 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 Lessee to the above cited laws. 16. SECURITY DEPOSIT. Lessee shall not be required to remit a security deposit to Lessor. 17. LESSEE'S INSURANCE. Lessee 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 Lessee 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 Lessor recognizes that the Lessee 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. 18. LESSORNENDOR OFFSETS NOTICE. Pursuant to 24-30-202.4 C.R.S., (as amended), 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 judgement as certified by the controller. 19. ADDITIONAL PROVISIONS. Rev.4/98 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. LESSOR: ATTEST: litid E L/ COUNTY OF WELD,A BODY CLERK TO THE BOAR OFf4471 `� ORPORATE AND POLITIC OF THE COUNTY COMMISSONERS OF AT OF COLORADO THE COUNTY OF WELD ( I&&i •lic? ByArek y: e .. Deputy •rk to the Board �/t(Ii I David E. Long, Chair, :O RD OF COUNTY COMMISSO :'S OF THE COUNTY OF WE 0',/06/2007 STATE OF COLORADO ) tle N COUNTY OF WELD :g�P••"""' !Y7'-.: The foregoing instrument 's subscjj�ed acid ; orn to before me this6th day of August ,2007 by. David E. Long, Chair, BOA': I OF COUNTY C i MMISSIONERS OF THE COUNTY OF WELD 1„.04,PUBLI ° QF COL ,,. Witness my hand and official se- My commission expires R$'rnmmissiop Expires May 15.2°10. Notary_ublic Address q/ /OA_ SY oe P� Ce z1)G�/ LESSEE: ATTEST: STATE OF COLORADO Bill Ritter Jr., Governor Acting by and through The De ment of Trans ortation i By 60 By t4Yt.Q.�LI-(rrn _' DO LAS W. BENNETT Pamela Hutton Chi Clerk for Project Development Chief Engineer Rev.4/98 Page 5 of 5 aa'7-0794/5' EXI-IIBIT - A A PARCEL OF LAND, LOCATED IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 8 NORTH, RANGE 62 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF RECORDED EXEMPTION NO. 0545-28-2-RE 971, LOT B, AS FOUND IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION #2085834, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 28; THENCE N89'40'52"E ALONG THE NORTH SECTION LINE OF SAID SECTION 28, A DISTANCE OF 734.69 FEET, TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF THE ABANDONED UNION PACIFIC RAILROAD, AND ALSO BEING THE POINT OF BEGINNING; THENCE N89'40'52"E ALONG THE NORTH LINE OF SAID SECTION 28, TO THE EASTERLY RIGHT OF WAY OF SAID RAILROAD, A DISTANCE OF 250.15 FEET; THENCE S1'40'09"W ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAILROAD, A DISTANCE OF 186.22 FEET; THENCE N88'11'26"W, A DISTANCE OF 250.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD, SAID POINT ALSO BEING A POINT ON THE EASTERLY RIGHT OF WAY LINE OF HIGHWAY 392; THENCE N1'40'09"E ALONG SAID WESTERLY LINE, A DISTANCE OF 176.93 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 45,394 SQUARE FEET MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY COLORADO AND IS RASED ON INFORMATION OBTAINED FROM RECORDED EXEMPTION NO. 1467-13-1-RE 1627. �p\11111111///q0 FOR AND BEHALF OF WELD COUNTY\ 23520 07 Z LEON W. SIEVERS PLS 23520 O ,,. 1st 6, WELD COUNTY V I PUBLIC WORKS DEPARTMENT WELD COUNTY DRAWN: DRH SHEET ^/ BRIGGSDALE GRADER STATION DATE:: 5/24/0TCOLORADO EXHIBIT 1 OF 2 • BRIGGSDALE GRADER STATION NORTHWEST QUARTER SECTION 28,-TOWNSHIP 8 NORTH-RANGE 62 WEST NORTHWEST CORNER 528-raN-RB2W HWY 14 NORTH ONE QUARTER528-T8N-RB2- N89'40'5 E :"4•'S - S 734.69' 250.15 POINT OF BECINNI '. 3 g'o n AREA 45394 SQ. PT. 9 b. N O' OWNER: i WELD COUNTY RECEPTION Na 2085834 NW1/4 SEC. 28 TBN, 86.9W. 6TH P.Y. N:;1 • 5•W 250.00 RECORDED EXEMPTION NO. CA 0545-28-2-RE 871 Cl M 30.0 30.MAX ACCESS •• fbLu11T N uP A ZOMB MC.NO.ELHSSIT) 60.0 EXISTING RO.W. 11111 D111111I1111 11j `OJ;Nf�` 0:0II: %///,,/15 23520 i I /111111111111\11 1/4250.0 ABANDONED UNION PACIFIC RAILROAD... . NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY, (11; 11/:L.......) 1100 50 0 100 WELD COUNTY SCALE: I"=100' WI`,aC PUBLIC WORKS DEPARTMENT COUNTY WELD DRAWN: ORH SHEET BRIGGSDALE STATION COLORADO DATE: I 5/25/07 EXHIBIT MAP SCALE: I--ADO' 2 of 2 Hello