HomeMy WebLinkAbout920962.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT BETWEEN FENWC'S HEAD START PROGRAM AND TRINITY
HOUSING CORPORATION OF GREELEY AND AUTHORIZE CHAIRMAN TO SIGN
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
Family Education Network of Weld County's (FENWC) Head Start Program and Trinity
Housing Corporation of Greeley, commencing October 1, 1992, and ending May 31,
1993, with the further terms and conditions being as stated in said agreement,
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 Family Education Network
of Weld County's (FENWC) Head Start Program and Trinity Housing Corporation of
Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 5th day of October, A.D. , 1992, nunc pro
tunc October 1, 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ( / ,� WELD COUNTY, COLORADO
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Weld County Clerk to the Board
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41
G rge Kennedy, C airman
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BY: a 4.,4--.1_ � ( 2_ EXCUSED
Deputy Clerk to the Bow Constance L.. Harbert, Pro-Tem
APPROVED AS TO FORM: f; k, /
C. W. Ki by
,/ w County Attorney Gor 4
W. H. Webster
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LEASE AGREEMENT
THIS AGREEMENT, made and entered into this lq day of
September 1992, 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 Resources'
Family Educational Network of Weld County's Head Start Program,
hereinafter referred to as "Lessee" and the Trinity Housing
Corporation of Greeley, hereinafter referred to as the "Lessor."
WITNESSETH
WHEREAS, the lessor owns the premises known as Island Grove
Apartments, located at 119 14th Avenue, Greeley, Colorado, and
WHEREAS, the Lessor desires to lease one room 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. The Lessee shall have access to the area described above
and agreed to by the Lessor, between the hours of 7:30
a.m. and 5:00 p.m. Monday through Friday, and occasional
evenings. Lessee will provide to the Lessor a one (1)
week advance notice of any needed occasional evening
usage.
2. Rent for said building space shall be in the amount of
$150.00 per month, payable the 1st of every month. The
amount covers the cost of rent and utilities. The Lessor
will submit a bill for the rental of one room to the
Family Educational Network of Weld County P.O. Box 1805,
Greeley, Colorado 80632, by the 10th of the month for
services provided during the preceding month.
3. The Lessee will provide the costs for the Lessee's
telephone installation and service.
4. The Lessee shall provide janitorial services for the
aforementioned building space.
5. The Lessee agrees to keep said building space in as good
repair as it was found upon being occupied by the Lessee.
Lessee agrees to pay for all damage caused by the Lessee
not considered to be ordinary wear and tear.
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6. The Lessor shall be responsible for all repairs necessary
to the exterior and interior of the building, including,
but not limited to, any repairs to sewers, heating units,
appliances, wiring, plumbing facilities, doors, windows,
door locks, etc. , unless caused by negligence on the part
of the Lessee.
7. The Lessor shall provide trash removal service.
8. The term of this Agreement shall be from October 1, 1992
through May 31, 1993.
9. The Lessee agrees to maintain liability insurance and
provide Lessor with proof of insurance certificate.
10. The Lessor will not be held liable for any loss of or
damage to Lessee's furniture or equipment placed on the
premises.
11. Assurances:
a. Trinity Housing Corporation 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.
b. Weld County, the Board of County Commissioners of Weld
County, its officers and employees, shall not be held
liable for injuries or damages caused by any negligent
acts or omissions of Trinity Housing Corporation or
its employees, volunteers, or agents while performing
functions as described in this Agreement. Trinity
Housing Corporation shall indemnify, defend and hold
harmless Weld County, the Board of County
Commissioners of Weld County, its officers and
employees for any loss occasioned as a result of the
performance of this Agreement by its employees,
volunteers, clients and agents.
Trinity Housing Corporation shall not be held liable
for injuries or damages caused by any negligent acts
or omissions of Weld County, the Board of County
Commissioners of Weld County, its employees,
volunteers, or agents while performing this
Agreement this Agreement. Trinity Housing Corporation
shall provide Worker's Compensation Insurance for all
employees of Trinity Housing Corporation engaged in
the performance of this Agreement, likewise, FENWC, by
and through the Board of County Commissioners shall
provide adequate liability and Worker's Compensation
Insurance for all its employees, volunteers and agents
engaged in the performance of this Agreement.
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c. 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 Agreement or the proceeds thereof.
d. Trinity Housing Corporation understands that
monitoring and evaluation of the performance of this
Agreement shall be conducted by the Weld County Board
of County Commissioners of Weld County.
e. Trinity Housing Corporation and FENWC 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 or national origin, be
excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under
the approved Agreement.
f. No portion of this 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 with respect to any persons not a party
to this Agreement.
g. No portion of this Agreement shall be deemed to create
an obligation on the part of the County of Weld, State
of Colorado, to expend funds not otherwise
appropriated in each succeeding year.
12. Severability:
If any section, subsection, paragraph, sentence, clause,
or phrase of this Agreement 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 Agreement and each and every section, subsection,
paragraph, sentence, clause, and thereof irrespective of
the fact that any one or more sections, subsections,
paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
13. Entire Agreement:
This Agreement constitutes the entire understanding
between the parties hereto with respect to the subject
matter hereof, and may not be changed or modified except
as stated in Paragraph 14 herein.
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14. This Agreement, may be amended or terminated upon thirty
(30) days written notice to either party. This Agreement
will be terminated immediately upon the loss of fundings
to the Head Start Preschool Program.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease Agreement on the day, month, and year first above written.
WELD COUNTY BOARD OF COMMISSIONERS TRINITJ7I0N
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orge K ne y, Chairman /Oki/ }.- Stewart M. Abbot,MD President
ATTEST: WELD COUNTY DIVISION OF
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Weld County Clerk to the Board
Tt' ruti Lve S. S Dpirecekman
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By: __GZh - 1-',F,;.,� rr�
Deputy Clerk/ to the Board
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M �� ' mEmORAnDUM
Wino. Board of County Commissioners
To _ George Kennedy, hairman Date __S_eptemher 11, L49'
COLORADO From . Walter U. Speckman, Executive pi rector,__Human Resources
subject: Purchase of Service Anreement between FENWC and Trinity Housing _
Corporation
Enclosed for Board approval is a Purchase of Service Agreement between FENWC and
Trinity Housing Corporation.
Trinity Housing Corporation agrees to rent building space at $150.00 per month
for a Head Start classroom which includes: trash removal., repairs to the
exterior and interior of the building, including, but not limited to, any repairs
to sewers, heating units, appliances, wiring, plumbing facilities, doors,
windows, door locks, etc. , unless caused by negligence on the part of the Lessee
Trinity Housing Corporation agrees to bill Family Educational Network by the 10th
of the month for services provided during the preceding month.
FENWC agrees to provide telephone installation and service, janitorial services,
liability insurance and replace any damage to furniture and or equipment which
belongs to Trinity Housing Corporation.
The term of this Agreement is October 1, 1992 through May 31, 1993.
September 25, 1992
TO: Clerk to the Board
FR: Susan Talmadge
RE: Purchase of Services meant between FEWt
and Tritnity.Bouaing Corporation
Enclosed for Board approval are three (3) copies
et the above mentioned Agreement. Please return
tiro -(2) copies once they have been signed,
it you have any questions, pleas feel tree to.
.telephone Tere Keller-Amaya at J56-4$oi9.`
920962
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