HomeMy WebLinkAbout920683.tiff RESOLUTION
RE: APPROVE AGREEMENT WITH WELD COUNTY SCHOOL DISTRICT RE-7 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 an agreement for lease of
property between the County of Weld and Weld County School District RE-7,
commencing August 1, 1992, and ending August 1, 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 agreement for lease of property between the County of
Weld and Weld County School District RE-7 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 27th day of July, A.D. , 1992.
P! <� BOARD OF COUNTY COMMISSIONERS
ATTEST: A ;4u' 1G; • .1�( WELD COUNTY, COLORADO
Weld County Clerk to the Board
e ge Ken dy, Chairman
BY: .11-El-to,-aU(.y-o,�Yv
Deputy Clerto the Board Constance L. Harbert, Pro-Tem
APPROVED A 0 FORM: Z'1 /t%y` y�
C. W. Kir y �/
County Attorney Gor /. a y
W. . lebster 1/1-)44044
920683
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AGREEMENT
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THIS AGREEMENT, is made and entered into this R / day of/4, 1992,
by and between the County of Weld, the State of Colorado, by and through the
County Commissioners of Weld County, whose address is 915 10 Street, Greeley,
Colorado, 80631, hereinafter referred to as "County", and Weld County School
District RE-7, whose current address is 510 Clark Street, Kersey, Colorado,
80644, hereinafter referred to as "School District".
WITNESSETH:
WHEREAS, School District owns certain improved real estate in Kersey, Weld
County, Colorado, used as an elementary school facility, hereinafter referred to
as "property", and
WHEREAS, County wishes to use the property for pre-school and Headstart
programs, and
WHEREAS, in order for County to use said property for Headstart and pre-
school programs two additional classrooms must be constructed, and
WHEREAS, County is agreeable to paying rent in advance totalling $70,000.00
for said additional classrooms and School District is agreeable to pay any
additional costs of construction. Said classrooms are hereinafter referred to
as "classrooms."
NOW, THEREFORE, in consideration of the County's $70,000.00 advance rent
payment towards the construction of the two additional classrooms, the School
District and County expressly agree upon:
1. USE OF CLASSROOMS: County hereby agrees to use the
classrooms specifically for the purpose of providing a
pre-school and/or Headstart or their successor program.
School District has right of use of classrooms when not
in use by County.
2. TERM: Initial term of this Agreement is from August 1,
1992, to August 1, 1993. Unless one or both parties
have given notice to one or the other no later than
February 1, 1993, to the effect that the Agreement will
be terminated as of August 1, 1993, the Agreement term
will automatically be renewed for an additional one-year
term, upon the same provisions as this Agreement, and
the Agreement will be extended for additional one year
renewal terms thereafter in the absence of a similar
notice by either part to the other declaring the
termination of the Lease as of the end of the current
renewal year.
3. RENT: County agrees to pay and School District agrees
to accept $70, 000.00 for the first twenty years of rent
for the two classrooms. In the event that the Agreement
is terminated prior to August 1, 2012, for any reason,
920683
School District shall refund the pro-rata share of the
pre-paid rent at a minimum pay back rate of $3,500.00
annually for the remaining years of the twenty year
period.
4. ADDITIONAL COSTS: As additional rent, County shall pay
all utility bills associated with the two classrooms,
including gas, electricity, telephone, water, and sewer.
In addition, the County shall pay associated costs of
maintaining the classrooms in good condition, including
all janitorial work, necessary clean up, minor repairs,
and insurance. Costs for items contained in this
paragraph shall be paid monthly by County, and the
method of cost allocation shall be negotiated annually
by both parties.
5. HAZARD INSURANCE: Effective as of the date of this
agreement, the School District shall insure the
classrooms against fires and perils covered by a
standard extended coverage endorsement. The School
District shall pay all premiums of said insurance. Said
insurance shall not cover personal property owned by the
County. The County shall pay for and provide fire and
peril insurance for said personal property.
6. LIABILITY INSURANCE: The School District shall keep in
full force and effect throughout the initial term of the
agreement and throughout every renewal term a policy of
liability insurance for said property.
7. INDEMNIFICATION OF LESSOR: The County agrees to
indemnify and save, hold harmless, and defend School
District against and from any and all claims by any
person arising, directly or indirectly, from the use of
the property and classrooms by the County. This is
intended to include claims by any employees or agents of
the County, its contractors, licensees, invitees, or any
other person, for injury, loss of life, destruction of
property, or any other injury, and is intended that this
paragraph shall apply not only to the County's
activities but to the condition of the property and
classrooms arising for any other cause directly or
indirectly related to the exercise by the County of its
rights under this Agreement. The county shall be
required to pay any such claim or to defend it, at the
County's expense, employing counsel reasonably
satisfactory to the School District. The County shall
reimburse the School District for any attorney's fees or
other costs which the School District incurs in
defending any such claim and if any judgment is
recovered against the School District, or if the School
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District makes any payment to discharge any such claim after first
having given reasonable notice to the County of intention to do so,
they the County shall be required to reimburse the School District
for any such payment, together with interest at the legal rate.
8. ASSIGNMENT AND SUBLEASING: The County shall not assign
this agreement without the express written consent of
the School District.
9. ALTERATIONS TO PROPERTY: The County shall have no right
to alter, modify, or add to the building on the property
without the express written permission of the School
District.
10. TERMINATION AND SURRENDER: County shall surrender
possession of the property upon the termination of the
Agreement or upon the termination of any renewal term if
not further renewed. The County also covenants and
agrees that if the County violates and fails to perform
any of the covenants or agreements contained in this
Agreement for 30 days after notice of the same, then in
any of those events the County's right of possession
hereunder shall terminate, at the option of the School
District, and in that case the School District shall
become entitled to the possession of the property and
classrooms and may repossess the same as of the School
District's former estate, and may remove the County. At
the time County surrenders possession or is removed,
either because of termination of the Agreement or for
any other reason, the property and classrooms shall be
in its present condition, ordinary wear and tear
excepted, and all repair and replacement obligations
shall be satisfied. At the time of surrender of
possession, the County shall have the right to remove
all fixtures and equipment installed and/or purchased by
the County to the extent that such removal can be
accomplished without damage to the property and
classrooms.
11. NONDISCRIMINATION: The County and School District
covenant that they will not discriminate upon the basis
of race, color, religion, sex, national origin, or
handicap in the use and/or occupancy of the property and
classrooms. The County, the State of Colorado, and the
United States shall be considered beneficiaries of and
entitled to enforce this covenant.
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12. COVENANT OF QUIET ENJOYMENT: The School District hereby
represents that it has the full right and power to enter
into this Agreement and hereby covenants that the County
shall have quiet possession throughout the term of this
Agreement so long as the County complies with its
obligations hereunder.
13. MISCELLANEOUS;
A. Time is of the essence in all provisions of
this Agreement.
B. Colorado law will be referred in the
interpretation and construction of the
Agreement and the resolution of all
disputes hereunder.
C. This Agreement is binding upon and will
inure to the benefit of the parties hereto,
their successors and assigns.
D. The provisions of this Agreement may be
amended only in writing signed by both
parties.
E. If any party breaches this Agreement or
violates the covenants set forth above,
that party shall be responsible for the
attorneys' fees and court costs incurred by
the other party as a result.
F. Any notice permitted or required by this
Agreement can be given by personal service
of a written notice upon the party to whom
the notice is given or by mailing the
written notice by certified mail, postage
prepaid, return-receipt-requested to the
party. Any mailing must be to the
following addresses (which can be changed
if written notice of the change is given to
the other party) :
County: Board of County Commissioners of Weld
County, Colorado, 915 10 Street,
Greeley, CO 80631
School District: Superintendent, Weld County
School District RE-7, 510 Clark Street,
Kersey, CO 80644
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G. If any paragraph, sentence, clause, or
phrase of this Agreement is for any reason
held or decided to be unconstitutional,
such decisions shall not change the
validity of the remaining portions.
Parties hereto hereby declare that they
would have entered into this Agreement
irrespect of the fact that any one or more
paragraphs, sentences, clauses, or phrases
might be declared to be unconstitutional or
invalid.
H. This Agreement and any and all attachments
hereto shall constitute the entire
agreement by the parties hereto.
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SIGNED this �j / day of4t, 1992.
COUNTY: Waat COUNTY OF WELD, STATE OF COLORADO, by
1G and through the Board of County
ATTEST: / Commissioners of Weld County.
tn, 4116 „iv
„ � - -? BY: i
George Kenned , Ch rman 05/2 /9.�
SCHOOL DISTRICT: WELD COUNTY SCHOOL DISTRICT RE-7
BY: kS1�t /// XUi'il4,0.P'1Li
SUBSCRIBED AND SWORN TO before me this hl,Z y day of ,2I192, by
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WITNESS my hand and official seal.
Notary Public
My commission expires:
MY COMMJSSION EXPIRES JUNE 8, 3994
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