HomeMy WebLinkAbout20073833.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TRINITY
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, Family Educational Network of Weld County, and
the Trinity Housing Corporation,commencing September 12,2007,and ending June 12,2008,with
further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said 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, Family Educational Network of Weld County,and the Trinity 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of December, A.D., 2007, nunc pro tunc September 12, 2007.
�- BOARD OF COUNTY COMMISSIONERS
Eased` WELD COUNTY, COLORADO
ATTEST: f 7 4/ ,ff f � ', �1 EXCUSED
186V 4/',David E. Long, Chair
Weld County Clerk to th co
� � ' William H. Jerke, Pro-Tem
BY:� tVLF f
De ty Cleo the Board EXCUSED
Wi • m F. Garcia
AP PyS RM:
Robe D. Masden
ou y Attorney
Dougla Rademach r
Date of signature: _ i iaaloct
2007-3833
Y O H S (D H R0078
( • 9 � e/ - 3)-g
MEMORANDUM
a
fDATE: December 10, 2007
TO: Board of County Commissioners J
"iliti-k FROM: Walt Speckman, Executive Director ���� jc
COLORADO SUBJECT: Lease Agreement between FENWC and Trinity Housing
Corporation of Greeley
Presented for approval before the Weld County Board of County Commissioners is a Lease
Agreement between FENWC hereinafter referred to as"Lessee" and Trinity Housing
Corporation of Greeley hereinafter referred to as "Lessor".
The Lessor agrees to lease one room to Lessee at the Island Grove Apartments, located at 119
14th Avenue, Greeley Colorado.
Rent for said building space shall be in the amount of$250.00, and supplies in the amount of
$100.00 per month. The amount covers the cost of rent, utilities, trash removal and supplies.
The Lessee agrees to the following:
Provide the costs for the Lessee's telephone installation and service.
. Provide janitorial services for the aforementioned building space.
. Agrees to keep said building space in as good repair as it was found.
. Be responsible for all repairs necessary to the exterior and interior of the
building, including, but not limited to, any repairs to sewers, heating units, etc.
The term of this Agreement shall be from September 12, 2007 through June 12, 2008.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
2007-3833
LEASE AGREEMENT
THIS AGREEMENT,made and entered into this 17" day of September 2007 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 Division of Human Services'Family Educational Network of
Weld County's Head Start Program hereinafter referred to as "Lessee" and the Trinity Housing
Corporation of Greeley,hereinafter referred to as the"Lessor".
WITNESSETH
WHEREAS,the Lessor owns the premises known as Island Grove Apartments,located at 119 14th
Avenue, Greeley, Colorado,and
WHEREAS,the Lessor desires to lease one room of said building to the lessee for use in the Head
Start Program.
NOW,THEREFORE,In consideration of the mutual covenants contained herein,the parties hereto
agree as follows:
1. The Lessee shall have access to the area described above and agreed to by the Lessee,
between the hours of 7:30 am. and 5:00 p.m. Monday through Friday, and occasional
evenings. Lessee will provide to the Lessor a one (1) week advance notice of any needed
occasional evening usage.
2. Rent for said building space shall be in amount of$250.00, and supplies in the amount of
$100.00 per month payable the r of every month. The amount covers the cost of rent,
utilities and supplies. The Lessee will submit a bill for the rental of one room to the Family
Educational Network of Weld County,PO Box 1805,Greeley,Colorado 80632,in December
2007 for three months rent,utilities and supplies,and again in January 2008 for the balance
of the year.
3. The Lessee will provide the costs for the Lessee's telephone installation and service.
4. The Lessee shall provide janitorial services for the aforementioned building space.
5. The Lessee agrees to keep said building space in as good repair as it was found upon being
occupied by the Lessee. Lessee agrees to pay for all damage caused by the Lessee not
considered to be ordinary wear and tear.
6. The Lessor shall be responsible for all repairs necessary to the exterior and interior of the
building,including,but not limited to,any repairs to sewers,heating units,appliances wiring,
plumbing facilities,doors,windows,door locks,etc.,unless caused by negligence on the part
of the Lessee.
7. The Lessor shall provide trash removal service.
8. The term of this Agreement shall be from September 12,2007 through June 12,2008.
&C07- 3833
9. The Lessee agrees to maintain liability insurance and provide Lessor with proof of insurance
certificate.
10. The Lessor will not be held liable for any loss of or damage to Lessee's furniture or
equipment placed on the premises.
11. In Kind: Provision of the above outlined services at the designated costs represents an in
kind contribution of $ 1725.00 to the FENWC program in the services and amounts
following; $1,125.00 Rent; S175.00 Supplies;and 5425.00 Time/Services .
12. Assurances:
a. The Lessor agrees that it is an independent contractor and that its officers,employees,
and clients do not become employees of Weld County,and therefore are not entitled
to any employee benefits as Weld County employees,as a result of the execution of
this Agreement.
b. FENWC, 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 Lessor, its employees,volunteers,or agents while performing this
Agreement. The Lessor, 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, or agents while performing functions as described in this
Agreement. The Lessor 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. Likewise,
FENWC,by and through the Board of Weld County Commissioners, shall provide
adequate liability and workers'compensation insurance for all employees of FENWC
engaged in the performance of this Agreement.
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. The Lessor understands that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Weld County Division of Human Services and
the results provided to the Weld County Board of Commissioners.
e. The Lessor and FENWC assure compliance with Title VI of the Civil Rights Act of
1986,and 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 approved Agreement.
f. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties of 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.
•
g. No portion of this Agreement shall deemed to created an obligation on the part of the
County of Weld, State of Colorado,to expend funds not otherwise appropriated in
each succeeding year.
13. SEVERABILITY:
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.
THE BOARD OF COUNTY COMMISSIONERS TRINITY HOUSING
OF WELD COUNTY,COLORADO CORPORATION
G--1 ` 7-7,,, , 4-
William H. Jerke, Chairperson Pro-Tem Dick M field,Agent
12/26/2007
/ `—'
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ATTEST: / �� "*r1�f u 'WE COUNTY CLERK TO THE
By:. Q 11 r^ lam fir.,
Cl to the Bo ® :
Wel ty Division of Human Services
Walter J. Speckman,Executive Director
&CC 2-3cE3
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