HomeMy WebLinkAbout20041488.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR MIGRANT HEAD START PROGRAM AND
AUTHORIZE CHAIR TO SIGN - DOWN RIVER PROPERTIES
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 Migrant 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, Head Start,and
the Down River Properties,commencing May 1,2004,and ending April 30,2005, with further terms
and conditions being as stated in said lease, and
WHEREAS, after review, the Board deems it advisable to approve said lease, 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 Migrant 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, Head Start,and the Down River Properties be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 24th day of May, A.D., 2004, nunc pro tunc May 1, 2004.
BOARD OF COUNTY COMMISSIONERS
W Dsd TY, COLORADO
1"—� -EL Robert Robert D. Masden, Chair
t erk to the Board
lam William H. rke, Pro-Tem
rk to the Board
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CU'Ng M. eile
AP AS TO •
Davi . Lon
ounty Attorne
enn Vaa
Date of signature: ,I 7'r e
2004-1488
HR0075
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MEMORANDUM
44a
}tDATE: May 13, 2004
WilkTO: Board of County Commissioners
FROM: Walt Speckman, Executive Director` OJT,
COLORADO SUBJECT: Lease Agreement
Enclosed for Board approval are three original Lease Agreements between the Family
Educational Network of Weld County's Migrant/Seasonal Head Start Program on the Western
Slope and Down River Properties.
FENWC wishes to lease office space from Down River Properties for two units in the Olathe
Professional Building, at 308 Main Street, Olathe, CO 81425, in the amount of$550.00 per
month. FENWC agree to pay electricity.
The term of this Agreement is from May 1, 4004, and ending April 30, 2005.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
2004-1488
LEASE AGREEMENT
1. THIS LEASE,dated this /0 day of 2004,is between DOWN RIVER
PROPERTIES, a Limited Liability Company, 605 N. 1st S eet, Montrose, Colorado 81401, County of
Montrose, State of Colorado, 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 unto 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, 2004, and ending on April 30, 2005,
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$550 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 agrees, during the period of this Lease:
(A) To heat the demised premises whenever necessary during reasonable business hours
or customary heating season.
(B) To provide janitor service for the demised premises.
(C) To cause to be supplied, during ordinary business hours, a reasonable amount of
electric current for lighting said premises and public halls and customary equipment,during
the time and in the manner customary in said building. Tenant agrees to pay electric charges
incurred herein.
4. CHARACTER OF OCCUPANCY.
Tenant agrees that:
(A) The demised premises shall be used to provide medical 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
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hazard of the risk, or which may prove offensive or annoying to other tenants of the
building;
(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 movable 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 Lease,
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 or Federal
statutes, then and in any such case,Landlord may, at its option, terminate this Lease 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 or
Federal laws, for relief of debtors, or in case a receiver is appointed to wind up and liquidate the affairs of
the Tenant, the Landlord, at 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 as
security for the payment by the Tenant of the rent herein provided for.
8. BREACH.
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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
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of this Lease. Landlord may elect to cure such default and any expenses of curing maybe 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
give Tenant five (5) days written notice requiring payment of the rent or compliance with other terms or
provisions of the Lease, 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 cost to recover and repossess 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
purpose 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, and 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 Lease,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 Lease from the Tenant to the Landlord and upon the
expense incident to the removal and sale of said effects,rendering the surplus, if any, to the Tenant.
11. 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 done 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 or 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.
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12. SURRENDER OF POSSESSION.
The Tenant agrees to deliver up and surrender to the Landlord possession of said premises at the
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 a competent architect selected
by the Landlord,shall certify in writing to 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 Lease 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 therefor, then upon thirty (30) days' notice in writing to that 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 reasonably required by the Landlord. Tenant shall provide copies of such insurance policies upon the
Landlord's request.
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15. ACCEPTANCE OF PREMISES BY TENANT.
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 Lease.
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 final 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. HOLDING AFTER TERMINATION.
It is mutually agreed that if after the expiration of this Lease the Tenant shall remain in possession
of said premises without a written agreement as to such holding,then such holding over shall be deemed to
be 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 Lease remaining the same.
20. RENEWAL.
Tenant shall have the right to renew this Lease for up to an additional two (2) year term by giving
Landlord two(2)months written notice prior to the expiration of this Lease. 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, and 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 may 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 danger 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 of the Landlord first 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 termination
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. Tenant 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, successors
or assigns. If there are more than one entity or persons which are the Tenants under this Lease,all covenants
and agreements herein to be observed and performed by the Tenant shall be joint and several.
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SHOULD ANY PROVISION 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: TENANT:
DOWN RIVER PROPERTIES, THE COUNTY OF WELD, a political
a Limited Liability Company 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
By: By:
Eric M. Simon, Member Robert D. Masden 05/24/2004
Title: Chair
STATE OF COLORADO )
CO ROSE )
Subscribed/A worn to before me this /'.1' day of ,2004 by Eric M. Simon,
ethbeipbsoyRivkr perties, a Limited Liability Company. WitneS's my hand and official seal. My
orr}misstAs1N1res : J )
SEAL) " Notary Public
STATE OF COLORADO )
COUNTY OF MONTROSE )
Subscribed and sworn to before me this t141 : day of 1Ul(1,_-( , 2004, by
MyAr�on behalf of THE COUNTY OF WELD, a political subdivision of THE
STATE OF COLO d through the BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY,on beh �iRwp OUNTY DIVISION OF HUMAN SERVICES FENWC. Witness my
hand and officia e y conitnisin expires: J ciArni A.( SEA ) i H:?-�''J;?; r J Notary Public
DownRiverProp WeldCo Cease{Clnt-D)
DRD/pjs:05-05-04
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