HomeMy WebLinkAbout20013298 RESOLUTION
RE: APPROVE COMMERCIAL LEASE AND AUTHORIZE CHAIR TO SIGN -THE BROWN
FAMILY 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 Commercial Lease 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 Brown Family Trust, commencing December 15, 2001, and ending
July 1, 2002, 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 Commercial Lease 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 Brown
Family Trust 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 3rd day of December, A.D., 2001.
BOARD O COUNTY COMMISSIONERS
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Weld County Clerk to t . 422
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obert D. Masden
Date of signature: '/-5
2001-3298
de Mt HR0072
6 MEMORANDUM
TO: Weld County Board of County Commissioners ,` e
FROM: Walter J. Speckman, Executive Director, '` �x\.'
Q Division of Human Services
COLORADO• DATE December 3, 2001
SUBJECT: Various Purchase of Service Agreements for the
Division of Human Services, Family Educational
Network of Weld County Head Start Program
Presented for approval before the Weld County Board of County Commissioners are
various Purchase of Service Agreements.
1. With School District RE-3J, for the implementation of the Colorado Preschool
Program, and the provision of educational services to children with disabilities.
2. With North Range Behavioral Health Services for mental health services and
programming.
3. The Brown Family Trust for a lease agreement in Ft. Lupton to provide an additional
classroom.
COMMERCIAL LEASE
This lease made between AND entered into this, v day of December, 2001, 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, herein called Lessee,and The Brown Family
Trust, herein called Lessor.
Lessee hereby offers to lease from Lessor the premises situated in the City of Ft. Lupton,
County of Weld, State of Colorado, described as Lot 9, Block 4, Philpott's Addition,
commonly known as 980 Park, Ft. Lupton, Colorado upon, the following TERMS and
CONDITIONS:
1. Terms and Rent. Lessor demises the above premises for a term of 8 months,commencing
December 15, 2001, and terminating on July 1, 2002, or sooner as provided herein, at the
monthly rental of Eight Hundred Dollars ($800.00) payable in advance of the first day of
each month for that month's rental, during the term of this lease. All rental payments shall
be made to Lessor, at 832 White Elm Drive,Loveland, CO 80538.
2. Use. Lessee shall use and occupy the premises for a Head Start Classroom. The premises
shall be used for no other purpose. Lessor represents that the premises may lawfully be used
for such purpose.
3. Care and Maintenance of Premises. Lessee acknowledges that the premises are in good
order and repair, unless otherwise indicated herein. Lessee shall, at his own expense and at
all times, maintain the premises in good and safe condition,including plate glass, electrical
wiring, plumbing and heating installations and any other system or equipment upon the
premises, and shall surrender the same at termination hereof, in as good condition as
received,normal wear and tear expected. Lessee shall be responsible for all repairs required,
excepting the roof, exterior walls, structural foundations, and water heater. Further,Lessee
shall not take the refrigerator, stove, or burglar alarm upon vacating the premises. Lessor is
representing these items in good working order and in safe condition.
4. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make
any alterations, additions, or improvements, in, to or about the premises.
5. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and
requirements of all municipal, state and federal authorities now in force, or which may
hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof
by Lessee
6. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the
premises without prior written consent of the Lessor,which shall not be reasonably withheld.
Any such assignment or subletting without consent shall be void and, at the option of the
Lessor, may terminate this lease. Lessor shall not sell the property during the term of this
lease unless such sale is made subject to this lease and does not alter the material terms of
this lease in any way.
2001-3298
7. Utilities. All applications/connections for necessary utility service on the demise premises
shall be made in the name of Lessee only,and Lessee shall be solely liable for utility charges
as they become due,including sewer, water, gas electricity, & telephone services.
8. Entry and Inspection. Lessee shall permit Lessor or Lessor's agent to enter upon the
premises at reasonable times and upon reasonable notice, for the purpose of inspecting the
same,and will permit Lessor at any time within sixty(60)days prior to the expiration of this
lease to place on the premises any usual "To Let" or "For Lease" signs, and permit persons
desiring to lease the same to inspect the premises thereafter.
9. Possession. If Lessor is unable to deliver possession of the premises at the commencement
hereof,Lessor shall not be liable for any damage caused thereby,nor shall this lease be void
or voidable, but Lessee shall not be liable for any rent until possession is delivered. Lessee
may terminate this lease if possession is not delivered within 30 days of the commencement
of the term hereof.
10. Insurance. Lessee, at his expense, shall maintain plate glass and public liability insurance
including bodily injury and property damage insuring Lessee and Lessor with minimum
coverage as follows:
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional
insured. The Certificate shall provide a ten-day written notice to Lessor in the event of
cancellation or material change of coverage. To the maximum extent permitted by insurance
policies which may be owned by Lessor or Lessee,Lessee and Lessor,for the benefit of each
other, waive any and all rights of subrogation which might otherwise exist.
11. Eminent Domain. If the premises or any part thereof or any estate therein,or any other part
of the building materially affecting Lessee's use of the premise, shall be taken by eminent
domain, this lease shall terminate of the date when title vests pursuant to such taking. The
rent,and any additional rent shall be apportioned as of the termination date,and any rent paid
for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any
part of the award for such taking or any payments in lieu thereof,but Lessee may file a claim
for any taking of fixtures and improvements owned by Lessee, and for moving expenses.
12. Destruction of Premises. In the event of a partial destruction of the premises during the
term hereof, from any cause, Lessor shall forthwith repair the same, provided that such
repairs can be made within sixty(60)days under existing governmental laws and regulations,
but such partial destruction shall not terminate this lease,except that Lessee shall be entitled
to a proportionate reduction of rent while such repairs are being made, based upon the extent
to which the making of such repairs shall interfere with the business of Lessee on the
premises. If such repairs cannot be made within said sixty (60) days, Lessor, at his option,
may make the same within a reasonable time, this lease continuing in effect with the rent
proportionately abated as aforesaid, and in the event that Lessor shall not elect to make such
repairs which cannot be made within sixty (60) days, this lease may be terminated at the
option of either party. In the event that the building in which the demised premises may be
situated is destroyed to an extent not less than one-third of the replacement costs thereof,
Lessor may elect to terminate this lease whether the demise premises be injured or not. A
total destruction of the building in which the premises may be situated shall terminate this
lease.
13. Lessor's Remedies on Default. If Lessee defaults in the payment of rent,or any additional
rent,or defaults in the performance of any of the other covenants or conditions hereof,Lessor
may give Lessee notice of such default and if Lessee does not cure any such fault within 45
days, after the giving of such notice (or if such other default is of such nature that it cannot
be completely cured within such period, if Lessee does not commence such curing within
such 45 days and thereafter proceed with reasonable diligence and in good faith to cure such
default),then Lessor may terminate this lease on not less than 60 days' notice to Lessee. On
the date specified in such notice the term of this lease shall terminate, and Lessee shall then
quit and surrender the premises to Lessor, but Lessee shall remain liable as hereinafter
provided. If this lease shall have been so terminated by Lessor, Lessor may at any time
thereafter resume possession of the premises by any lawful means and remove Lessee or
other occupants and their effects. No failure to enforce any term shall be deemed a waiver.
14. Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of
Eight Hundred Dollars ($800.00) as security deposit for the performance of Lessee's
obligations under this lease,including without limitation the surrender of possession of the
premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any
default of Lessee,Lessee shall on demand deposit with Lessor the amount so applied so that
the Lessor shall have the full deposit on hand at all times during the term of this lease.
15. Option to Renew. Provided that Lessee is not in default in the performance of this lease,
Lessee shall have the option to renew the lease for an additional term of 12 months
commencing at the expiration of the initial lease term. All of the terms and conditions of the
lease shall apply during the renewal term. The option shall be exercised by written notice
given to Lessor not less than 45 days prior to the expiration of the initial lease term. If notice
is not given in the manner provided herein within the time specified,this option shall expire.
16. Termination. This agreement may be terminated at any time by either party giving a thirty
(30) day notice and is subject to Lessee being able to retain funding.
17. Attorney's Fees. In case suit should be brought for recovery of the premises,or for any sum
due hereunder, or because of any act which may arise out of the possession of the premises,
by either party, the prevailing party shall be entitled to all costs in connection with such
action, including a reasonable attorney's fee.
18. Notices. Any notice which either party may,or is required to give,shall be given by mailing
the same, postage prepaid, to Lessee at the premises, or Lessor at the address first written,
or at such other places as may be designated by parties from time to time.
19. Heirs,Assigns,Successors. This lease is binding upon and inures to the benefit of the heirs,
assigns and successors in interest to the parties.
20. Subordination. This lease is and shall be subordinated to all existing and future liens and
encumbrances against the property.
21. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that
enforcement of the terms and conditions of the Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the Contracting Parties, and nothing
contained in this Agreement shall give or allow any claim or right of action whatsoever by
any other person or entity not a party to this Agreement. It is the express intention of the
Contracting Parties that any person or entity other than the undersigned parties receiving
services or benefits under this Agreement shall be deemed an incidental beneficiary only.
22. No Waiver of Immunity. No portion of the Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Agreement. The parties hereto
acknowledge and agree that no part of the Agreement is intended to circumvent or replace
such immunities.
23. 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.
WELD COUNTY BOARD OF THE BROWN FAMILY TRUST
COUNTY COMMISSIONERS
M. J. Geile, Chairperson (/2/e3,22c6,) resentative
WELD COUNTY DIVISION OF
HUMAN SERVICES
Walte p kman, Executive Director
ATTEST: � �• �• :�i lG �
WELD COUNTY CLE T� -��'
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