HomeMy WebLinkAbout20041817.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -SAINT 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 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, Head
Start Program, and the Archdiocese of Denver for the benefit of Saint Peter's Catholic Church,
commencing December 1, 2003,and ending November 30,2004,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 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, Head Start Program, and the
Archdiocese of Denverforthe benefit of Saint 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 7th day of July, A.D., 2004, nunc pro tunc December 1, 2003.
BOARD OF COUNTY COMMISSIONERS
1E,IL a�� �lia WEL C OUN COLO O
Iasi t � -��i Robert D. Masden, Chair
lerk to the Board n �
"mot
® • William H erke, Pro-Tem
,
Deputy Clerk to the Board _
M. . ile
APP AS TO
David . Long
my Attor ey
Glenn a
Date of signature: 1
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2004-1817
HR0075
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MEMORANDUM
rif DATE: June 24, 2004
' TO: Board of County Commissioners
w
`�co FROM: Walt Speckman, Executive Director
COLORADO SUBJECT: Lease Agreement
Enclosed for Board approval are three original Lease Agreements between the Family
Educational Network of Weld County Head Start Program and The Archdiocese of Denver for
the Benefit of St. Peter's Catholic Church.
FENWC agrees to pay St. Peter's Catholic Church, rent in the amount of$600.00 per month to
rent one classroom and one room used as an administrative office. This amount includes water,
sewer, trash removal, landscape maintenance, heat and electric.
FENWC also agrees to share the common area expenses (janitorial) in the amount of$300.00
per month for the term of this lease agreement.
The term of this Lease Agreement is from December 1, 2003, and ending November 30, 2004.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
2004-1817
LEASE AGREEMENT BETWEEN
WELD COUNTY DIVISION OF HUMAN SERVICES
FAMILY EDUCATIONAL NETWORK OF WELD COUNTY
AND
THE ARCHDIOCESE OF DENVER FOR THE BENEFIT OF
ST. PETER'S CATHOLIC CHURCH
This Lease made between and entered as of the I day of 3-cn ..t , 2004, by and
between the County of Weld, State of Colorado by and through the Weld County Division of
Human Services' Family Education Network of Weld County's Head Start Program hereinafter
referred to as "Lessee" and the Archdiocese of Denver for the benefit of St. Peter's Catholic
Church in Greeley, Colorado, hereinafter referred to as the"Lessor."
WHEREAS, the Lessor owns the premises know as St. Peter's School, located at 112 9t°
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. Peter's school building, located on the first floor of the building-one room
being a classroom, and one room used as an administrative office.
2. Term. The term of the Lease shall be for a period of one (1)year,
commencing as of December 1, 2003 through November 30, 2004. The parties
upon mutual agreement may renew the term for additional one-year periods, but
only upon the Lessee giving the Lessor 30-days notice prior to the end of the
initial term of its intention to renew the Lease.
3. Rent. Rent shall be in the amount of$7,200.00 per year, payable in full
upon Lease execution.
4. Common Area Expenses. In addition to payment of Rent, Lessee's share
of the common area expenses is hereby determined to be $3,600.00, for the
Term of the Lease, 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. Damages. The Lessee agrees to keep the Premises in as good repair as it
was found upon being occupied. 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 damages 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 utility, appliance wiring, plumbing facilities, doors, windows, door locks,
common areas, hallways, parking lot, sidewalks, walkways and landscaping,
excepting, however, Lessee's telephone and computer service and equipment.
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8. Utilities. Except as set forth above regarding Lessee's share of Common
Area Expenses, Lessor shall provide water, sewer, trash removal, landscape
maintenance, heat, and electric service without additional cost to Lessee.
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. Lessee shall use the premises for lawful purposes and
only for the purpose of operating a Head Start/Early Childhood Education 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 therefore are not entitled to any employee benefits as Weld County
employees, as a result of the execution of this Lease.
12. Liability. Lessee, the Weld County Board of Commissioners, its officers
and employees, shall not be held liable for injuries of damages caused by any
negligent acts of omission 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
omission of Lessee, or its employees, volunteers, or agents while performing
functions as described in this Lease. The Lessor shall provide adequate liability
and worker's compensation insurance for all of its employees, volunteers and
agents engaged in the performance of this Lease, 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 worker's
compensation insurance for all employees of Lessee engaged in the
performance of this Lease and other insurance more particularly described in
"Schedule A" attached hereto.
13. Conflict of Interest. 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 Lease 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 Lease and provide the results 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 shall be excluded from participation
in, be denied the benefits of, or be in otherwise subjected to discrimination under
the approved Lease.
16. Waiver. No portion of this Lease shall be deemed to constitute a waiver
of any immunities of the parties, their officers or employees may possess, nor
shall any portion of the Lease 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 Lease shall be deemed to have
created an obligation on the part of the County of Weld, State of Colorado, to
expend funds not otherwise appropriated 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 is not being conducted on the Premises,
then upon entry will be granted upon twenty-four(24) notice to the Lessee.
19. Severability. In any section, subsection, paragraph, sentence, clause, or
phrase of this Lease 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 Lease 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 of phrases might be declared to be unconstitutional or invalid.
20. Termination. This Lease may be terminated at any time by either party by
giving a thirty-day(30)written notice.
21. Entire Agreement. The foregoing constitutes the entire agreement between
the parties and may be modified only by a writing signed by both parties.
IN WITNESS WHEREOF, the parties hereunto have caused this Lease to be
duly executed as the day and year first herein above set forth above.
THE WELD COUNTY BOARD THE ARCHDIOCESE OF DENVER
OF COUNTY COMMISSIONERS A COLORADO CORPORATION SOLE
By: VirtOlv‘l/r----., By:
Jose H. attorney in fact for
Its: Robert D. Masden, Chair Charles J. Chaput, Archbishop
Address: JUL 0 7 7014 Address:
915 Tenth Street 1300 So. Steele Street
P.O. Box 758 Denver, CO 80210
Greeley, CO 80632
Reviewed and Acknowledged:
St. Peter Catholic Parish
Very Rev. Rocco Porter, V.F.
Pastor
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Schedule A
Insurance Requirements
INSURANCE. Lessee shall, during the entire term hereof, carry and maintain the following
insurance written as primary policies, exclusive of any coverage the Archdiocese and/or the Parish may
carry and in the amounts specified below, or at such other amounts as the Archdiocese shall, from time to
time, reasonably request, with insurance companies and in a form satisfactory to the Archdiocese. A
certificate of insurance pertaining to this provision shall be delivered to the Archdiocese. Such insurance
shall not be cancelable without 30 days' prior written notice thereof to the Archdiocese.
(i) Public Liability and Auto Liability Insurance. Lessee shall maintain public liability insurance in the
amount of not less than One Million Dollars ($1,000,000) per occurrence for the duration in which
Lessee uses the Premises. Lessee will name the Archdiocese and the Parish as an additional
insured on its public liability insurance policy for the duration of Lessee's using the Premises for
claims arising out of Lessee's operations or made by Lessee's employees, agents, participants,
guests, customers or invitees. Lessee will provide proof to the Archdiocese that the insurance
requirements have been met as outlined in this Agreement. If Lessee fails to fulfill the insurance
requirements contained in this Schedule A, then Lessee agrees to defend, hold harmless and
indemnify the Archdiocese and the Parish against and from any claim or cause of action arising
out of Lessee's operations or event or any claim or cause of action which is brought against the
Archdiocese by Lessee, its employees, agents, guests, participants, customers, and invitees
which is alleged against the Archdiocese and the Parish.
Fire damage insurance. Lessee shall maintain fire damage insurance(fire legal liability)for the
term of this Agreement. Lessee agrees to maintain fire damage coverage in the minimum amount
of$250,000.
(iii) Fire and extended coverage insurance. Lessee shall maintain fire and extended coverage
insurance covering all of Lessee's equipment, trade fixtures, appliances, furniture, furnishings and
personal property from time to time in, on or upon the leased Premises in an amount not less
than the full replacement cost without deduction for depreciation.
(iv) Worker's Compensation Insurance. As stated in the Lease, Lessee shall maintain workers
compensation insurance as required by law.
SEVERABILITY PROVISION. If any paragraph of this Schedule A is deemed or is determined to
be in conflict with local or state or national statutes, then the Archdiocese, the Parish, and Lessee agree
that the portion of this Schedule A which is in conflict with the statute will be stricken from this Schedule A
with the remainder remaining binding for all parties.
THE ARCHDIOCESE OF DENVER, THE WELD COUNTY BOARD OF
a corporati of ,pf the State of Colorado COU Y COMMISSION
Jose . Goute as attorney in fact
for Charles J. Chaput, Archbishop Its: Robert D. Masden, Chair
Dated: Dated: 07/07/2004
[State Date of Agreement(Understood to be date signed if left blank)]:
Insurance
5/27/2004
St. Peter - Greeley
Weld County
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