HomeMy WebLinkAbout20052034.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ROBERT W.
LUPPI, APC, RETIREMENT TRUST
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
Robert W. Luppi,Apc, Retirement Trust,commencing May 1,2005,and ending April 30,2006,with
further terms and conditions being as stated in said lease, 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 Robert W. Luppi, Apc,
Retirement Trust, 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
' -- wing vote on the 18th day of July, A.D., 2005.
t " �- /�`� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(i • dal /04
1 44 el. : at...` •
asesi,0000EXCUSED
r. William Ike, Chair`� 7M:. `I'Clerk to the Board
� ��AM� e, Pro-Tem
BY: / lilid 1C//214.2
Deputy Clerk the Board EXCUSED
Dav E. Long
AP V AS TO FO ' 9 ) II`Ir;.i �
Robbert D. Mas en
unty Attorney O
Glenn Vaa
Date of signature: _/c2. ODD
2005-2034
hr l7 t ,s (27S.) HR0076
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MEMORANDUM
a
fat; DATE: July 13, 2005
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IpTO: Board of County Commissioners
WI` �•
FROM: Walt Speckman, Executive Director S
COLORADO SUBJECT: Lease Agreement between FENWC and
Robert W. Luppi, APC, Retirement Trust
Presented for approval before the Weld County Board of County Commissioners is a Lease
Agreement between FENWC and Robert W. Luppi, APC, Retirement Trust hereinafter called
Landlord.
The Landlord agrees to lease Units 102 and 103, Olathe Professional Building, 308 Main Street,
Olathe, Colorado 81425 to FENWC in the amount of$750.00.
. The Landlord agrees to pay for electricity and gas for the common area of the building,
and trash services.
. The Landlord will provide janitorial services for the common area and the cleaning of the
floor mat in the common area.
. FENWC agrees to pay electric charges incurred for their own demised premises.
. FENWC agrees to provide janitorial services for units 102 and 103.
The term of this Agreement is from May 1, 2005 through April 30, 2006.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
2005-2034
LEASE AGREEMENT
1. THIS LEASE,dated this 31st day of May, 2005, is between ROBERT W. LUPPI,APC,
RETIREMENT TRUST, 22472 Manacor, Mission Viejo, California 92692, County of Orange, State of
California, hereinafter called "Landlord,"and THE COUNTY OF WELD, a political subdivision of THE
STATE OF COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, on behalf of the WELD COUNTY DIVISION OF HUMAN SERVICES FENWC, P.O. Box
1805, 1551 North 17th Avenue, Greeley,Colorado 80632, County of Weld, State of Colorado, hereinafter
called "Tenant." The Landlord does hereby demise and lease onto the Tenant the premises known and
described as:
Units 102 and 103,Olathe Professional Building, 308 Main Street,Olathe,Colorado 81425
in the County of Montrose, State of Colorado, beginning on May 1, 2005 and ending on April 30, 2006,
unless the term hereof shall be sooner terminated as hereinafter provided.
2. IN CONSIDERATION,of the rent and the performance of the covenants and provisions
herein, the Tenant agrees to pay to the Landlord as rent for the full term aforesaid, the total sum of
$575.00 per month,which said sum shall be due and payable in advance on the first day of each and every
calendar month.
3. SERVICES.
The Tenant and Landlord agree,during the period of this Lease:
(A)Tenant agrees to provide their own janitorial service for the demised premises. Landlord will
provide janitorial services for the common area and the cleaning of the floor mats in the common area
(B) Landlord agrees to provide and pay for electricity and gas for the common area of the
building. Landlord shall pay for the use of a refuse dumpster at the rear of the building. Tenant agrees to
pay electric charges incurred for their own demised premises.
4. CHARACTER OF OCCUPANCY.
Tenant agrees that:
(A) The demised premises shall be used to provide human services and related services, and
for any other purpose, in a careful, safe and proper manner, and that it will pay on
demand for any damage to the premises caused by the misuse of same by it, or its agents
or employees;
(B) It will not use or permit the demised premises to be used for any purposes prohibited by
the laws of the United States or the State of Colorado, or the ordinances of the City or
County in which the property is located;
(C) It will not use or keep any substance or material in or about the demised premises which
may vitiate or endanger the validity of the insurance on said building or increase the
hazard of the risk, or which may prove offensive or annoying to other tenants of the
building.
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(D) It will not permit any nuisance in the demised premises.
5. ALTERATIONS.
The Landlord shall have the right at any time to enter the demised premises to examine
and inspect the same, or to make such repairs, additions, or alterations as it may deem necessary or proper
for the safety, improvement or preservation thereof.
Tenant shall make no alterations in or additions to the demised premises without first
obtaining the written consent of Landlord. Tenant shall permit no liens to be attached to the property as a
result of any alterations. All additions or improvements made by the Tenant(except only moveable office
furniture)shall be deemed a part of the real estate and permanent structure thereon and shall remain upon
and be surrendered with said premises as a part thereof at the end of the said term, by lapse of time, or
otherwise.
6. SUBLETTING.
Tenant agrees that it will not sublet the demised premises, or any part thereof, nor assign this I ease, or
any interest therein,without first obtaining the written consent of the Landlord.
7. INSOLVENCY.
Any assignment for the benefit of creditors or by operation of law,shall not be effective to
transfer any rights hereunder to the said assignee without the written consent of the Landlord first having
been obtained.
It is further agreed between the parties hereto,that if Tenant shall be declared insolvent,or if any
assignment of Tenant's property shall be made for the benefit of creditors or otherwise, or if Tenant's
leasehold interest herein shall be levied upon under execution,or seized by virtue of any writ of any court
of law, or a Receiver be appointed for the property of Tenant, whether under the operation of State of
Federal statutes, then and in any such case, Landlord may, at its option, terminate this I Pace and retake
possession of said premises, without being guilty of any manner of trespass or forcible entry or detainer,
and without the same working any forfeiture of the obligations of Tenant hereunder.
In case the Tenant is adjudicated a bankrupt,or proceeds or is proceeded against under any State
of Federal laws, for relief of debtors, or in case of receiver is appointed to wind up and liquidate the
affairs of the Tenant, the Landlord, and its election, shall have a provable claim in bankruptcy or
receivership in an amount equal to at least the sum of the last three (3) monthly payments of the rental
provided for herein, which sum is fixed and liquidated by the parties hereto as the minimum amount of
the damages sustained by the Landlord as a result of the bankruptcy or receivership of the Tenant,and the
amount of said damages may be satisfied, at the election of the Landlord,out of any moneys or securities
deposited hereunder a security for the payment by the Tenant of the rent herein provided for.
8. BREACH.
At Landlord's option,it shall be deemed a breach of this Lease if Tenant defaults(a)in the
payment of the rent or any other monetary obligation herein; or(b) in the performance of any other term
or condition of this I Ease. Landlord may elect to cure such default and any expencec of curing may be
added to the rent and shall become immediately due and payable.
In the event that Landlord elects to declare a breach of this Lease, Landlord shall have the right to
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give Tenant five(5)days written notice requirement payment of the rent or compliance with other terms
or provisions of the I ease,or delivery of the possession of the premises. In the event any default remains
uncorrected after five (5) days written notice, the Landlord, at Landlord's option, may declare the term
ended, repossess the premises, expel the Tenant and those claiming through or under the Tenant and
remove the effects of the tenant, all without being deemed guilty in trespass or of a forcible entry and
detainer and without prejudice to any other remedies to which the Landlord may be entitled. If any time
this Lease is terminated under this paragraph, the Tenant agrees to peacefully surrender the premises to
the Landlord immediately upon termination, and if the Tenant remains in possession of the premises, the
Tenant shall be deemed guilty of unlawful detention of the premises. Landlord shall be entitled to recover
from the Tenant all damages by reason of Tenant's default, including but not limited to the costs to
recover and repossession the premises, the expenses of reletting, necessary renovation and alteration
expenses,attorney's fees,commissions and the rent for the balance of the term of this Lease.
9. PREMISES VACATED DURING TERM OF LEASE.
If the Tenant shall abandon or vacate said premises before the end of the term of this Lease,the
Landlord may,at its option,enter said premises,remove any signs of the Tenant therefrom, and re-let the
same, or any part thereof, as it may see fit, without thereby voiding or terminating this Lease, and for the
purposes of such re-letting, the Landlord is authorized to make any repairs, changes, alterations or
additions in or to said demised premises,as may,in the opinion of the Landlord,be necessary or desirable
for the purpose of such re-letting, or if a sufficient sum shall not be realized from such reletting (after
payment of all the costs and expenses and the collection of rent accruing therefrom),each month to equal
the monthly rental agreed to be paid by the Tenant under the provisions of this Iease, then the Tenant
agrees to pay such deficiency each month upon demand therefor.
10. REMOVAL OF TENANT'S PROPERTY.
If the Tenant shall fail to remove all effects from said premises upon the abandonment thereof or
upon the termination of this Lease for any cause whatsoever,the Landlord, at its option, may remove the
same in any manner that it shall choose, and store the said effects without liability to the Tenant for loss
thereof, and the Tenant agrees to pay the Landlord on demand, any and all expenses incurred in such
removal, including court costs and attorney's fees and storage charges on such effects for any length of
time the same shall be in Landlord's possession; or the Landlord, at its option, may sell said effects, or
any of the same, at private sale and without legal process, for such process as the Landlord may obtain,
and apply the proceeds of such sale upon any amounts due under this I Pace from the Tenant to the
Landlord and upon the expense incident to the removal so sale and said effects, rendering the surplus, if
any,to the Tenant.
1 J. LOSS OR DAMAGE TO TENANT'S PROPERTY.
All personal property of any kind or description whatsoever in the demised premises shall be at
the Tenant's sole risk, and the Landlord shall not be held liable for any damage down to or loss of such
personal property or for damage or loss suffered by the business or occupation of the Tenant arising from
any act or neglect of cotenants of other occupants of the building,or of their employees or the employees
of the Landlord or of other persons, or from bursting, overflowing or leaking of water, sewer or steam
pipes, or from heating or plumbing fixtures, or from electric wires, or from gases, or odors, or caused in
any other manner whatever,except in the case of willful neglect on the part of the Landlord.
12. SURRENDER OF POSSESSION.
The Tenant agrees to deliver up and surrender to the Landlord possession of said premises at the
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expiration or termination of this Lease, by lapse of time or otherwise, in as good repair as when the
Tenant obtained the same at the commencement of said term, excepting only ordinary wear and tear, or
damage by the elements (occurring without the fault of the Tenant or other persons permitted by the
Tenant to occupy or enter the demised premises or any part thereof); or by act of God,or by insurrection,
riot, invasion or commotion,or of military or usurped power.
13. FIRE CLAUSE.
If the demised premises or said building, shall be so damaged by fire or other catastrophe as to
render said premises wholly untenantable, and if such damage shall be so great that that a competent
architect selected by the Landlord, shall certified in writing into the Landlord and the Tenant that said
premises, with the exercise of reasonable diligence, cannot be made fit for occupancy within ninety (90)
days from the happening thereof,then this Irace shall cease and terminate from the date of the occurrence
of such damage, and the Tenant thereupon shall surrender to the Landlord said premises and all interest
therein, and the Landlord may reenter and take possession of said premises and remove the Tenant
therefrom. The Tenant shall pay rent,duly apportioned, up to the time of such termination of this Lease.
If, however,the damage shall be such that an architect so shall certify that said demised premises
can be made tenantable within such number of days from the happening of such damage by fire or other
catastrophe, then the Landlord shall repair the damage so done with all reasonable speed, and the rent
shall be abated only for the period during which the Tenant shall be deprived of the use of said premises
by reason of such damage and the repair thereof.
If said demised premises, without the fault of the Tenant, shall be slightly damaged by fire or
other catastrophe but not so as to render the same untenantable, the Landlord, after receiving notice in
writing of the occurrence of the injury, shall cause the same to be repaired with reasonable promptness;
but in such event,there shall be no abatement of the rent.
In case the building throughout be so injured or damaged, whether by fire or otherwise (though
said demised premises may not be affected)that the Landlord within sixty(60) days after the happening
of such injury, shall decide to reconstruct, rebuild, or raze said building, and shall enter into a legal and
binding contract therefore, then upon thirty (30) days' notice in writing to the effect given by the
Landlord to the Tenant, this Lease shall cease and terminate from the date of the occurrence of said
damage, and the Tenant shall pay the rent, properly apportioned, up to such date,and both parties hereto
shall be free and discharged of all further obligations hereunder.
In the event of a condemnation or other taking by any governmental agency, all proceeds shall be
paid to the Landlord hereunder,the Tenant waiving all right to any such payments.
14. INSURANCE.
Tenant shall,at Tenant's expense,obtain and keep in full force,fire and liability insurance as may
be reasonable required by the Landlord. Tenant shall provide copies of such insurance polices upon the
Landlord's request.
15. ACCEPTANCE OF PREMISES BY TENANT.
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The taking possession of said premises by the Tenant shall be conclusive evidence as against the
Tenant that said premises were in good and satisfactory condition when possession of the same was taken,
except for conditions that are specified in writing.
16. WAIVER.
No waiver of any breach of any one or more of the conditions or covenants of this Lease by the
Landlord shall be deemed to imply or constitute a waiver of any succeeding or other breach hereunder.
17. AMENDMENT OR MODIFICATION.
The Tenant acknowledges and agrees that it has not relied upon any statements, representations,
agreements or warranties, except such as are expressed herein, and that no amendment or modification of
this Lease shall be valid or binding unless expressed in writing and executed by the parties hereto in the
same manner as the execution of this I par.
18. PAYMENTS AFTER TERMINATION.
No payments of money by the Tenant to the Landlord after the termination of this Lease, in any
manner,or after the giving of any notice(other than a demand for the payment of money)by the Landlord
to the Tenant, shall reinstate, continue or extend the term of this Lease or affect any notice given to the
Tenant prior to the payment of such money, it being agreed that after the service of notice or the
commencement of a suit or after fmal judgment granting the Landlord possession of said premises, the
Landlord may receive and collect any sums of rent due, or any other sums of money due under the terms
of this Lease, and the payment of such sums of money whether as rent or otherwise, shall not waive said
notice,or in any manner affect any pending suit or any judgment theretofore obtained.
19. BOLDING AFTER TERMINATION.
It is mutually agreed that if after the expiration of this Lease the Tenant shall remain in
possession of said premise without a written agreement as to such holding, then such holding over shall
be deemed to a holding upon a tenancy from month to month at a monthly rental equivalent to the last
monthly payment provided herein,payable in advance on the same day of each month as above provided;
all other terms and conditions of this I Pace remaining the same.
20. RENEWAL.
Tenant shall have the right to renew the Lease for up to an additional two (2) year term by giving
Landlord two (2)months written notice prior to the expiration of this I ease. Landlord reserves the right
to adjust the rental amount for the renewal period.
21. ENTRY BY LANDLORD.
The Landlord shall, during normal business hours, have the right, by its officers or agents, to
enter the demised premises to inspect and examine the same, and to show the same to persons wishing to
lease them, may at any time within fifteen(15)days next preceding the termination of this tenancy, place
upon the doors and windows of the premises the notice "For Rent", which said notice shall not be
removed by the Tenant.
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22. ASSIGNMENT.
This Lease Agreement my be assigned by the Landlord without the permission of the Tenant.
23. RULES AND REGULATIONS.
It is further agreed that the following rules and regulations shall be and are hereby made a part of
this Lease, and the Tenant agrees that its employees and agents, or any others permitted by the Tenant to
occupy or enter said premises,will at all times abide by said rules and regulations and that a default in the
performance and observance thereof shall operate the same as any other defaults herein:
(A) The sidewalks, entries, passages and stairways shall not be obstructed by the Tenant, or
its agents,or used by them for any purpose other than ingress and egress to and from their
offices.
(B) Furniture,equipment or supplies shall be moved in or out of the building only through the
entries passages and stairways.
(C) No safe or article,the weight of which may constitute a hazard or damage to the building
or its equipment, shall be moved into the premises.
(D) Safes and other equipment, the weight of which is not excessive, shall be moved into,
from or about the building only during such hours and in such manner as shall be
prescribed by the Landlord, and the Landlord shall have the right to designate the
location of such articles in the space hereby demised.
(E) No additional lock or locks shall be placed by the Tenant on any door in the building
unless written consent to the Landlord fast being obtained. A reasonable number of keys
to the demised premises and to the restrooms will be furnished by the Landlord, and
neither the Tenant, its agents or employees, shall have any duplicate key made. At the
terminations of this tenancy, the Tenant shall promptly return all such keys to the
Landlord.
(F) No awnings or window coverings shall be attached to the premises without prior written
approval by the Landlord. Tenants shall pay for any damage caused by the Tenant to any
window coverings supplied by the Landlord.
(G) The Tenant, before closing and leaving the demised premises at any time, shall see that
all windows are closed, in order to avoid possible damage from fire,storm or freezing.
(H) Tenant acknowledges that the demised premises is a non-smoking building and agrees to
abide by such.
24. QUIET POSSESSION.
The Landlord shall warrant and defend the Tenant in the enjoyment and peaceful possession of
the premises during the term aforesaid.All terms,conditions and covenants to be observed and performed
by the parties hereto shall be applicable to and binding upon their heirs, personal representatives,
successor or assigns. If there are more than one entity or persons which are the Tenants under this Lease,
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all covenants and agreements herein to be observed and performed by the Tenant shall be joint and
several.
SHOULD ANY PROVESION OF THIS LEASE, violate any federal, state or local law or
ordinance,that provision shall be deemed amended to so comply with such law or ordinance, and shall be
construed in a manner so as to comply.
LANDLORD:
ROBERT W. LUPPI APC RETIREMENT
TRUST% i
By:
z. ����
Robert .Luppi,Tru ee
TENANT:
THE COUNTY OF WELD,a political subdivision of THE STAE OF COLOARDO,by and through the
BOARD OF COUN COMMISSIONERS OF WELD COUNTY,on behalf of the WELD COUNTY
DIVIONS OF SERVICES FENWC
By: /�/<'
M. J. Geile, ountyCo misioner Chairperson proieth
AI PEST=gtaki� :'i�`� UL 1 8 2005
21,
WELD COUNTY CLERK ST
,_t \ 1861 ( O a'
Deputy Clerk of the Board� :1- a.
UNq
WELD COUNTY DIVISION 0 !� u!'r RVICES
By: r
Walter J an, Executive Director
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