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Home My WebLink About20051890.tiff RESOLUTION RE: APPROVE LEASE AGREEMENT FOR HEAD START PROGRAM AND AUTHORIZE CHAIR TO SIGN -SALVATION ARMY OF GREELEY 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 Head Start Program 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 Salvation Army of Greeley, commencing June 30, 2005, and ending June 29, 2006, 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 Head Start Program 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 Salvation Army of Greeley 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 29th day of June, A.D., 2005. BOARD OF COUNTY COMMISSIONERS C...Nt d /�. WELD COUNTY, COLORADO Isei . William H. rke, Chair C 4 -County Clerk to the Board /�® �� Aza P La !` M. J. II d I'r�'T C7� Deputy Clerk to the Board �1 !( Dav Lor ED AS TC�E M \\*.D--------1 Robe D. Masden Co nt rney e2dA___ Glenn Vaa Date of signature: 21-/ .2—e2.5" 2005-1890 i /71 -t-<r HR0076 0 7-/V--0,5- _ MEMORANDUM ofittivn6 DATE: June 27 2005 ' TO: Board of County Commissioners "Nip L FROM: Walt Speckman, Executive Director COLORADO SUBJECT: Lease Agreement between FENWC and Salvation Army 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 the Salvation Army of Greeley, hereinafter referred to as the"Lessor*. The Lessee shall pay the Lessor for rent of building space $1,500.00. This amount covers the cost of rent, utilities and supplies. The Lessor owns the premises known as the Salvation Army Child Care Facility, located at 1119 6'", Greeley. The Lessor agrees to provide janitorial and trash services. The Lessor also agrees to be responsible for the routine repairs necessary to the exterior and interior of the building. The Lessee agrees to pay$1,500.00 to the Lessor for rent of building space and to keep building space in as good repair as it was found. The Lessee agrees to pay for all damage caused by the Lessee not considered to be ordinary wear and tear. The Lessee also shall have access to the area described above and agreed between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday, and occasional evenings. The term of this Agreement shall be from June 30, 1005 through June 29, 2006. If you have any questions please contact Janet Flaugher, Director, ©353-3800, ext. 3340. 2005-1890 LEASE AGREEMENT THIS AGREEMENT, made and entered into this day of June, 2005 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 Salvation Army of Greeley, hereinafter referred to as the "Lessor". WITNESSETH WHEREAS, the Lessor owns the premises known as The Salvation Army Child Care Facility, located at 1119 6th, 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 7:00 a.m. 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 $1,150.00, payable the 15th of every month. The amount covers the cost of rent, utilities and supplies. The Lessee will submit a monthly bill by the 1st of every month for the rental of one preschool classroom to the Family Educational Network of Weld County, PO Box 1805, Greeley, Colorado 80632. 3. Should the Lessee require telephone installation and service, the Lessee shall pay costs for the Lessee's installation and service upon approval of Lessor. 4. The Lessor 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 routine 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 June 30, 2005 through June 29, 2006. 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. The Lessee agrees that it will not sublet the premises or any part thereof, nor assign this lease, or any interest therein, without first obtaining the written consent of the Lessor, which consent shall not be unreasonably withheld. 12. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows: Lessor: The Salvation Army 1119 6th Street Greeley, CO 80632 Lessee: Weld County Division of Human Services P.O. Box 1805 Greeley, CO 80632 13. 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 SALVATION ARMY OF WELD COUNTY, COLORADO William H. Jerke, Chairperson JUN 2 9 2005 ATTEST: ,jet/ 'l/uui( 44 l'e% '. WELD COUNTY CLERK TO THE BOA ' ct 01)1 l? 1861 ;.Ir-;• By: /T./A .�/ ��uty Clerk to he Board ,�® ,�= it THE SALVATION ARMY INTERMOUNTAIN DIVISION J 0 6 WE COUNTY DIVISION OF HUMAN SERVICES SIGNED Walter J. Speckman, Executive Director NOTED REC0MD❑ APPROVED Hello