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Home My WebLink About940846.tiff RESOLUTION RE: APPROVE LEASE AGREEMENT BETWEEN FENWC 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 County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Family Educational Network of Weld County (FENWC) , and Trinity Housing Corporation of Greeley, commencing October 3, 1994, and ending June 15, 1995, with 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 County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Family Educational Network of Weld County (FENWC), 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 WELD vote on the 12th day of September, A.D. , 1994. ��IT iu BOARD OF COUNTY COMMISSIONERS ATTEST• WELD COUNTY, C ORADO Weld County Clerk to the Board ///� W. H. e s er, C airman BY: /�,�� .,C��ti,q �� / Deputy Cl rk to the oar-\ Daly K. Hall, Pr Te APPROV AS TO FORM: e2� /� 7 . Bax:r ZLl� i?/� County Attorney Constance L. Harbe 1,{ � eat , arbara J. Kirk eyer 940846 HRGY)(n.2 ee . /J5(Fc.vwc)) 7- //l//7-1 LEASE AGREEMENT THIS AGREEMENT, made and entered into this ) tday of September 1994, 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. 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 3, 1994 through June 15, 1995. 940R46 9. The Lessee agre. 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. 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. 940845 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. 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 funding 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 TRINITY HOUSING CORPORATION ()-:(tiAtc4 0 , 7 /44cKd W. . Webster, Chairman c,09 Amy /Thomaa E. Cole, Pr s}dcnt /27/-'"- C ATTES yy WELD COUNTY DIVISION OF V /� HUMAN RESOURCES Weld County Clerk to the B and Walt r . Speckman �--Exe utive Director By: D ty Cle to the oard 940S46 MEMORAnDU Wliii� Board of County Commissioners 7o W.H. Webster, Chairperson Date September 12. 1994 COLORADO From Walter alter J. Speckman, Executive Director. Human Services '/(// - Sbject: Purchase of Service Agreement between FENWC & Trinity Housinso Corporation Enclosed for Board approval is a Purchase of Service Agreement between FENWC and Trinity Housing Corporation also referred to as Lessor. ▪ The Lessor owns the premises known as Island Grove Apartments, located at 119 14th Avenue, Greeley, Colorado. ▪ The Lessor agrees to lease one room of the building to FENWC in the amount of $150.00 per month payable the 1st of each month. ▪ The Lessor agrees to bill FENWC for the rental of one room. ▪ FENWC will have access to the one room between the hours 7:30 a.m. and 5:00 p.m. , Monday through Friday, and occasional evenings. • FENWC will provide to the Lessor a one (1) week advance notice of any needed occasional evening usage. The term of this Agreement shall be from September 26, 1994, through June 15, 1995. If you have any questions, please call Tere Keller-Amaya at 353-3800. 940846 Hello