HomeMy WebLinkAbout20023227 RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR HEAD START CLASSROOM AND
AUTHORIZE CHAIR TO SIGN - ST. PETER'S CATHOLIC CHURCH
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 Head Start
Classroom 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 St. Peter's Catholic Church, commencing
December 1, 2002, and ending November 30, 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 Head Start Classroom 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 St. Peter's Catholic Church 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 23rd day of December, A.D., 2002, nunc pro tunc December 1,
2002.
BOARD OF COUNTY COMMISSIONERS
pp WELD COUNTY, COLORADO
ATTEST: ,a EXCUSED
�
IS L eiV`'-'ti Gle. i Vaad, Chair
Weld County Clerk to Sc?
r3 RP A
David E. ng, Pro-Tem
BY: •
Deputy Clerk to the Bo
M. J. Geile 4 -, vG
R ED AS T M: EXCUSED DATE OF SIGNING (AYE)
William H. Jerke
ou t ney EXCUSED
Robert D. Masden
Date of signature: ( 7
2002-3227
HR0073
l C. , !'jJ
LEASE AGREEMENT
BETWEEN
WELD COUNTY DIVISION OF HUMANS SERVICES
FAMILY EDUCATIONAL NETWORK OF WELD COUNTY
AND
ST. PETER'S CATHOLIC CHURCH
This lease made between and entered into this f I day of December, 2002, by and between the County
of Weld, State of Colorado,by and through the Weld County Board of County Commissioners 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 St Peters Catholic Church of Greeley, Colorado
(Denver Archdioceses),hereinafter referred to as the"Lessor".
WHEREAS,the lessor owns the premises known as St. Peters School, located at 112 9th Avenue,
Greeley, Colorado, and;
WHEREAS, the lessor desires to lease two rooms 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. Premises. The lessee hereby leases from the lessor two rooms in the St. Peters School located on
the first floor of the building. One room being a classroom and one room an administrative office.
2. Term. The term of the lease shall be for a period of one(1) year, commencing December 1, 2002
through November 30, 2003. the parties on mutual agreement may renew the term for additional
one-year periods,but only upon the lessee giving the lessor 30 day's notice prior to the end of the
term of its intention to renew the lease.
3. Rent. Rent shall be in the amount of$7,200.00 payable in total in advance.
4. Common Area Expenses. Lessee's share of the common area expenses is hereby determined to
be$3,600.00, which amount shall be payable at the time lessee occupies the premises.
5. Modifications. The lessee shall at its' own expense install such equipment as may be necessary
for telephone and computer service.
6. Damage. The lessee agrees to keep said building space in as good repair as it was found upon
being occupied by the lessee. Lessee shall not commit any damage or destruction to the premises
it occupies or to any part of the building. Lessee agrees to promptly pay for all damage caused by
the lessee not considered ordinary wear and tear.
7. Maintenance. The lessor shall be responsible for maintenance necessary to the exterior and
interior of the building, the roof, the structural components of the building and building systems,
including, but not limited to, any repairs to sewers, heating unity, appliance wiring, plumbing
facilities, doors, windows, door locks, common areas, hallways,parking lot, sidewalks, walkways
and landscaping.
8. Utilities. Lessor shall provide water, sewer, trash removal, landscape maintenance, heat, and
electric service.
9. Lessee's Property. Lessor shall not be responsible for the damage or destruction of lessee's
property,unless caused by the negligence of the lessor.
10. Use of Property. Lessor shall use the premises for lawful purposes and only for the purpose of
operating a Head Start/Early Childhood Educational facility.
11. Limitations. The lessor agrees that it is an independent contractor and that its officers,
employees, and clients do not become employees of Weld County, and there for are not entitled to
any employee benefits as Weld County employees,as a result of the execution of this agreement.
12. Liability. Lessee, the Weld County Board of Commissioners, its officers and employees, shall
not be held liable for injuries or damages caused by any negligent acts of omissions of the lessor,
its employees, volunteers, or agents while performing this agreement. The lessor, its officers and
employees, shall not be heal liable for injuries or damages caused by any negligent acts of
omissions of lessee, 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, lessee, by
and through the Board of Weld County Commissioners, shall provide adequate liability and
workers' compensation insurance for all employees of lessee engaged in the performance of this
agreement.
13. Conflict of Interest. No officer, member, or employee of the 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.
14. Contract Supervision. 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 County Commissioners.
15. Discrimination. The lessor and lessee 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.
16. Waiver. No portion of this agreement shall be deemed to constitute a waiver of any immunities
of the parties, 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.
17. Budget Limitations. No portion of this agreement shall be deemed to have created an obligation
on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriate in
each succeeding year.
18. Keys and Inspection. Lessor shall provide a separate lock and separate key for the premises
leased to the lessee and it is lessee's responsibility to lock the premises when not occupied. The
lessor or its' designated representatives shall be allowed entry to inspect the premises during
normal business hours and if business in not being conducted on the premises, then upon twenty-
four(24)hour notice to the lessee.
19. Severability. In 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.
20. Termination. This agreement may be terminated at any time by either party giving a thirty(30)
day notice and is subject to available funding.
IN WITNESS WEREOF, the parties hereunto have caused this Agreement to be duly executed as
of the day and year first herein above set forth.
WELD COUNTY BOARD OF ST.PETER'S CATHOLIC
COU COMMISSIONERS CHURCH
& .�C3CGZf-r
David E. Long, Chair Pro- Father Rocco Porter,Administrator
(12/23/2002)
WELD COUNTY DIVISION OF
HUMAN SERVICES
Walter . .ect .n,Ex u 've ii -c
ATTEST: �� `' /44/�),
WELD COUNTY CLERK TOT. B `'
1861 x( 0 iv
By: 1t 4jt►�`r •�
Deputy Clerk to the :AfW
•
MEMORANDUM
a tiOtali DATE: December 23, 2002
' TO: Weld County Board of County Commissioners
C• 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.
2002-3227
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