HomeMy WebLinkAbout20023228 RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR TEMPORARY USE OF MIGRANT HEAD
START FACILITY IN GRAND JUNCTION, COLORADO, AND AUTHORIZE CHAIR TO
SIGN - LEARNING TREE CHILDREN'S CENTER
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 temporary use
of the Migrant Head Start facility in Grand Junction, Colorado, 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 Learning Tree Children's Center, commencing November 18, 2002, and ending January 31,
2003, 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 temporary use of the Migrant Head Start
facility in Grand Junction, Colorado, 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 Learning Tree
Children's Center 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.
2002-3228
HR0073
: t�
LEASE AGREEMENT FOR TEMPORARY USE OF MIGRANT HEAD START FACILITY IN
GRAND JUNCTION, COLORADO - LEARNING TREE CHILDREN'S CENTER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of December, A.D., 2002, nunc pro tunc November 18,
2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: g A,% EXCUSED
Glen aad, Chair
Weld County Clerk to ie O1; 0O)H-
1861
1♦� � �
Not�r�
David E. g, Pro-Tem
BY: rim/t , r• <<_l_
Deputy Clerk to the ‘.!/ °t
. J. eile a✓C
ED AS T •
EEXCUSED DATE OF SIGNING (AYE)
William H. Jerke
ou y Attor ey EXCUSED
1/7/Q3Robert D. Masden
Date of signature:
2002-3228
HR0073
LEASE AGREEMENT
THIS AGREEMENT, made and entered into this ,$t/ day of December, 2002 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 "Lessor" and the Learning Tree Children's Center, hereinafter referred to as the
Lessee".
WITNESSETH
WHEREAS, the lessor owns the premises known as the Family Educational Network of
Weld County, located at 3093 E1/4 Rd. Grand Junction, Colorado 81504, and
WHEREAS, the lessor desires to lease south building and materials and equipment to the
lessee for use as it's childcare center.
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 6:00 a.m. and 6:00 p.m. Monday through Friday, and
occasional evenings and weekends. Lessee will provide to the Lessor a one (1)
week advance notice of any needed occasional evening usage.
2. The Lessee will pay a deposit of$1,000.00 to Lessor.
3. Rent for said building space shall be in amount of$1,000.00, plus utilities payable
the 1st of every month. A prorated amount of$500.00 will be charged for the time
period November 18,through November 30,2002. The Lessee will submit payment
to the Family Educational Network of Weld County, PO Box 1805, Greeley,
Colorado 80632, by the 10th of the month for services provided during the preceding
month.
4. The Lessee will provide the costs for the Lessee's telephone installation and
service.
5. The Lessee agrees to keep said building 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 Lessee agrees to keep materials and equipment in as good repair as it was
found upon being occupied by the Lessee. Lessee agrees to pay for all damaged
and lost materials and equipment caused by the Lessee.
8. The Lessee shall provide trash removal service.
9. The term of this Agreement shall be from November 18, 2002,through January 31,
2003. This lease may be continued on a pro-rated month-to-month basis until such
time the Family Educational Network of Weld County, Migrant Head Start Program
is in need of the facility. The lessor will provide the lessee with one week advance
notice to vacate the premises.
10. The Lessee agrees to maintain liability insurance and provide Lessor with proof of
insurance certificate.
11. 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 the Weld County Division of Human Services
shall conduct monitoring and evaluation of the performance of this
Agreement 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 THE LEARNING TREE
OF WELD COUNTY, COLORADO HILDREN'S CEN ER
David E. Long, Chair Pr em (12/23/02) roy Fe IZI 6Z
ATTEST: ikyW
WELD COUNTY CLERK WELD COUNTY DIVISION
,s, OF HUMAN SERVICES
•
By: Deputy Clerk to the Board :' J Walter . p kman
Executive Director
S/4 e6ed `•LS9# :oz:o ZOO?I OI? !stseaSEOL6r S30IAM3S NWIfH :Aq luaS
•
MEMORANDUM
44-ift:4>4 DATE: December 23, 2002
TO: Weld County Board of County Commissl&o Is
IC FROM: Walt Speckman, Executive Director, Division of
COLORADO Human Services
SUBJECT: Lease Agreements
Presented before the Weld County Board of County Commissioners for approval are the
following lease agreements:
1) Between the Family Educational Network of Weld County and St. Peter's church
for the operation of a Head Start classroom by the Family Educational Network of
Weld County.
2) Between the Learning Tree and the Family Educational Network of Weld County
Migrant Head Start Program, for temporary use of the Migrant Head Start facility
in Grand Junction by the Learning Tree for child care services.
2002-3228
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