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HomeMy WebLinkAbout20030592 RESOLUTION RE: APPROVE LEASE AGREEMENT FOR WELD COUNTY LEARNING LAB AND AUTHORIZE CHAIR TO SIGN -AIMS COMMUNITY COLLEGE 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 Weld County Learning Lab 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, Employment Services Division, and Aims Community College, commencing January 1, 2003, and ending December 31, 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 the Weld County Learning Lab 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, Employment Services Division, and Aims Community College 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 5th day of March, A.D., 2003, nunc pro tunc. BOARD OF COUNTY COMMISSIONERS W COUNTY, COLORADO ATTEST: gall i� �Y k, �V� � Da id E. Long Chair Weld County Clerk to the x _� eC ' R bert D. sden, Pro-Tem BY: • -- - Deputy Clerk to the Bo 1...j.-<" M. J. eile APPR S TO EXCUSED Willia , Jerke ---1.------------- ' J ty Attorney ,t,4 Glenn Vaad Date of signature: 3'4 2003-0592 (/(2, /X-.'(-�ecu,) HR0074 LEASE AGREEMENT BETWEEN WELD COUNTY DIVISION OF HUMAN SERVICES' EMPLOYMENT SERVICES OF WELD COUNTY AND AIMS COMMUNITY COLLEGE This lease is made and entered into this '5d-day of March ,2003,by and between Aims Community College,hereinafter referred to as `Lessee' and the Board of County Commissioners of Weld County, Colorado, on behalf of the Weld County Division of Human Services' Employment Services of Weld County,hereinafter referred to as `Lessor'. WHEREAS, the lessor owns the premises known as Weld County Learning Lab, located at 1555 North 17th Avenue, Greeley, Colorado, and; WHEREAS,the lessor desires to lease two rooms of said building to the lessee for use in the General Equivalency Diploma(GED) and English as a Second Language (ESL)Programs. 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 classrooms for two classes, one in the morning and the other in the afternoon, in the Learning Lab located on the first floor of the building. 2. Term. The term of the lease shall be for a period of one(1)year, commencing January 2003,through December 31,2003. The parties, on mutual agreement,may renew the term for additional one- year periods,but only upon the Lessee giving the Lessor thirty(30) day's notice of its intention to renew the lease prior to the end of the current term. 3. Rent. Rent shall be in the amount of One Thousand Dollars($1,000.00) per month,payable in quarterly payments. 4. Common Area. Lessee shall have access to the common areas in the Learning Lab. 5. Modifications. The Lessor shall, at its' own expense,provide access to telephone, copier,resource materials, television and other classroom accessories. 6. Damage. The Lessee agrees to keep said building space in as good repair as it was found upon occupation by 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 damages caused by the Lessee which are not considered ordinary wear and tear. 7. Utilities. Lessor shall provide water, sewer,trash removal, landscape maintenance,heat and electrical service. Lease Agreement Between Weld County Division of Page 2 Human Services' Employment Services of Weld County and Aims Community College 8. 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. 9. Use of Property Lessee shall use the premises for lawful purposes and only for the purpose of operating classroom activities. 10. Limitations. The Lessee 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. 11. Liability. Lessee, Aims Community College, 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 held 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 Lessee shall provide adequate liability and worker's compensation insurance for all of its employees,volunteers or agents engaged in the performance of the is agreement, as required by the Colorado Worker's Compensation Act. Likewise, Lessee,by and through Aims Community College, shall provide adequate liability and workers' compensation insurance for all employees of Lessee engaged in the performance of this agreement. 12. Conflict of Interest. No officer,member or employee of Weld County and no member of their governing bodies shall have pecuniary interest, direct or indirect, in the approved agreement or the proceeds thereof 13. Contract Supervision. The Lessee understands that the Weld County Division of Human Services shall conduct monitoring and evaluation of the performance of this agreement with the results provided to the Weld County Board of Commissioners. 14. Discrimination. The Lessor and Lessee assure compliance with Title VI of the Civil Rights Act of 1986, 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. Lease Agreement Between Weld County Division of Page 3 Human Services' Employment Services of Weld County and Aims Community College 15. 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 of this party to this agreement. 16. 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. 17. Severability. If any term or condition of this agreement will be held to be invalid, illegal, or unenforceable,this agreement will be construed and enforced without such provision to the extent that this agreement is then capable of execution within the original intent of the parties hereto. 18. Termination. Notwithstanding the provisions of paragraph 2, concerning the Term of this Lease Agreement,this agreement may be terminated at any time by either party giving a thirty(30) day notice and is subject to funding. 19. 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 Agreement to be duly executed as of the day and year first herein above set forth. THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS AIMS COMMUNITY COLLEGE • 7/6 David . Long C.air co.) Carol Hoglund, Vi e President, Administrativ ervices aa Attest: Clerk to the '.a k �O — �p IB6 1:, ,-%°r ti.A Deputy Clerk to �eh /{{t .2O0 -o 5la MEMORANDUM r-st6- DATE: February 28, 2003 ITO: David E. Long, Chair VC� FROM: Walt Speckman, Human Services COLORADO SUBJECT: Agreement with Aims Community College Enclosed for Board approval is an Agreement with Aims Community College for the continuation of the General Education Equivalency Diploma (GED) and English as a Second Language (ESL) Programs being held at Employment Services of Weld County. The Agreement identifies the terms and conditions for leased space for the classes. The Agreement is for one year and Aims Community College will provide$1,000 per month to help cover the costs of the classes. If you have any questions please feel free to telephone me at 353-3800 ext 3400. 2003-0592 Hello