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Home My WebLink About920943.tiff RESOLUTION RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN - ALTERNATIVE HOMES FOR YOUTH 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 and Alternative Homes for Youth, commencing November 1, 1992, and ending October 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 County of Weld and Alternative Homes for Youth 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 28th day of September, A.D. , 1992. �� BOARD OF COUNTY COMMISSIONERS f/ ///ATTEST: i(r) /0/ WELD OUNTY, COLORADO Weld County Clerk to the Board G r e Ke edy, Chairman -U//: lrk ar BY: (//'ti,lu rum--tY��c.= Deputy Clerk o the Board=� Constance L. Harbert, Pro-Tem APPROVED AS TO ORM: 27//-c \ C. W. Kirley, 1/4 County Attorney Gordon E. �4 aa'� tu- /iL W. H. Webster 920943 S See Ito Gc- ` vJ) K/✓r, .C H 'UQ S LEASE AGREEMENT THI HIEASE AGREEMENT, made and entered into this 28- day of , 1992, by and between the County of Weld, the State of Colorado, by .and through the Board of County Commissioners of Weld County, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as "Lessor", and Alternative Homes for Youth, a Colorado non-profit corporation, whose current address is 3000 Youngfield Street, Suite 157, Lakewood, Colorado 80215, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor owns certain improved real estate in Greeley, Weld County, Colorado, commonly known as 1709 7th Avenue, Greeley, Colorado 80631, more particularly described as Lots 5 - 6, Block 5, Arlington Heights Subdivision, Greeley, Colorado, County of Weld, hereinafter referred to as "Property", and WHEREAS, Lessee wishes to use the property for a youth group home within the County of Weld. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Lessor hereby leases unto the Lessee all of the improved "Property" including any and all improvements. THE ABOVE STATED GRANT OF LEASEHOLD ESTATE is subject to the following terms and conditions which the parties hereto expressly agree upon: 1. USE OF PROPERTY: The Lessee hereby agrees to use the Property specifically for the purpose of providing a youth group home, youth shelter, or residential child care facility, and is expressly prohibited from using the Property for any other purpose. 2. TERM: Initial term of this Lease Agreement is from November 1, 1992 to October 31, 1993. Unless one or both parties have given notice to one or the other no later than July 1, 1993, to the effect that the Lease Agreement will be terminated as of October 31, 1993, the Lease term will automatically be renewed for an additional one-year term, upon the same provisions as this Lease Agreement, and the Lease will be extended for additional one year renewal terms thereafter in the absence of a similar notice by either party to the other declaring the termination of the Lease as of the end of the current renewal year. If the Lessee violates the terms of this Lease Agreement, the Lessor may thereafter terminate the Lease at any time upon 30-days written notice to the Lessee. 920943 Lease - Alternative Homes for Youth Page 2 of 5 Pages 3. RENT; OPTION TO PURCHASE: The cash rent which the Lessee agrees to pay and the Lessor agrees to accept is $1.00 per year. The rental payment shall be due on November 1, 1992, and on November 1, of each succeeding year if this Lease Agreement is renewed as provided for in Paragraph 2 above. 4. OPTION TO PURCHASE: Lessee shall have the option of purchasing the Property on October 31, 2003, if this Lease Agreement is renewed annually and continuously as provided for in Paragraph 2 above and is not terminated or surrendered as provided for in Paragraph 12, below. Said option maybe exercised by Lessee in writing delivered to Lessor no later than August 31, 2003. If the Lessee exercises said option, the property will be conveyed by special warranty deed, free and clear of all encumbrances and Lessee shall be required to provide any and all title insurance necessary for said transaction. 5. UTILITIES AND MAINTENANCE: Lessee shall pay all utility bills associated with the Property, including gas, electricity, telephone, water, and sewer. Additionally, Lessee shall bear the entire cost of maintaining the Property in good condition, including all janitorial work on the inside of the building and any necessary clean up and minor repairs on the outside thereof. Major repairs and replacements, including, but not limited to, the plumbing, heating, electrical components of the building, exceeding $500.00 per item, shall be Lessor's responsibility. Lessor agrees to make, in a timely manner, all necessary repairs and improvements exceeding $500.00 per item which are necessary to meet local, state, and federal laws. 6. HAZARD INSURANCE: Effective as of the date of this Lease Agreement, the Lessor shall insure the improvements on the Property against fires and perils covered by a standard extended coverage endorsement. The Lessor shall pay all premiums of said insurance. Said insurance shall not cover personal property owned by the Lessee. The Lessee shall pay for and provide fire and peril insurance for said personal property. 7. LIABILITY INSURANCE: The Lessee shall keep in full force and effect throughout the initial term of the Lease and throughout every renewal term a policy of liability insurance, naming the Lessor as an additional named insured. The coverage shall be no less than $500,000.00 for any claim. 940343 Lease - Alternative Homes for Youth Page 3 of 5 Pages 8. INDEMNIFICATION OF LESSOR: The Lessee agrees to indemnify and save, hold harmless, and defend Lessor against and from any and all claims by any person arising, directly or indirectly, from the use of the property by Lessee. This is intended to include claims by any employees or agents of the Lessee, 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 Lessee's activities but to the condition of the property arising for any other cause directly or indirectly related to the exercise by the Lessee of its rights under this Lease, except for those repairs and improvements that are the responsibility of the Lessor as noted in Paragraph 5 above. The Lessee shall be required to pay any such claim or to defend it, at he Lessee's expense, employing counsel reasonably satisfactory to the Lessor. The Lessee shall reimburse the Lessor for any attorney's fees or other costs which the Lessor incurs in defending any such claim and if any judgment is recovered against the Lessor, or if the Lessor makes any payment to discharge any such claim after first having given reasonable notice to the Lessee of intention to do so, then the Lessee shall be required to reimburse the Lessor for any such payment, together with interest at the legal rate. Provisions of this Paragraph shall also apply to the use of the property and any activities thereon as the result of any subleases. 9. ASSIGNMENT AND SUBLEASING: The Lessee shall not assign this Lease Agreement without the express written consent of the Lessor. The Lessee may not sublease the Property or any part thereof without having first obtained the express written consent of the Lessor, and shall not receive any and all rents from said subleases without any additional compensation to the Lessor. 10. DAMAGE TO PROPERTY: If the Property is damaged by fire or otherwise to such an extent to be unfit for occupancy by the Lessee, the Lessee and the Lessor shall be released from all further obligations under this Lease Agreement. 11. ALTERATIONS TO PROPERTY: The Lessee shall have no right to alter, modify or add to the building on the Property without the express written permission of the Lessor. 12. TERMINATION AND SURRENDER: Lessee shall surrender possession of the Property upon the termination of this Lease unless the Lessee has exercised the option to purchase specified in Paragraph 4, above. The Lessee covenants and agrees that if the Lessee violates and fails to perform any of the covenants or agreements contained in this Lease Agreement for thirty days after notice procured the same, then in any of those events the Lessee's right of possession hereunder shall terminate, at the option of the Lessor, and in that case the Lessor shall become entitled to the possession of the Property and may repossess the same as of the Lessor's former estate, and may remove the Lessee. The Lessor also has the right, without having possession of the Property and/or terminating this Lease Agreement, to sue for and recover all rents and other uses 9al3943 Lease - Alternative Homes for Youth Page 4 of 5 Pages including damages at any time and from time to time during the term of this Lease Agreement. At the time Lessee surrenders possession or is removed, either because of termination of the Lease or for any other reason, the Property shall be in its present condition, ordinary wear and tear excepted, and all repair and replacement obligations under Paragraph 3 shall be satisfied. At the time of surrender of possession, the Lessee shall have the right to remove all fixtures and equipment installed/and or purchased by the Lessee to the extent that such removal can be accomplished without damage to the Property. 13. NONDISCRIMINATION: The Lessee covenants that it will not discriminate upon the basis of race, color, religion, sex, national origin, or handicap in the use and/or occupancy of the Property. The Lessor, the State of Colorado, and the United States shall be considered beneficiaries of and entitled to enforce this covenant. 14. COVENANT OF QUIET ENJOYMENT: The Lessor hereby represents that it has the full right and power to enter into this Lease Agreement and hereby covenants that the Lessee shall have quiet possession throughout the term of this Lease so long as the Lessee complies with its obligations hereunder. 15. MISCELLANEOUS: A. Time is of the essence in all provisions of this Lease Agreement. B. Colorado law will be referred in the interpretation and construction of the Lease Agreement and the resolution of all disputes hereunder. C. This Lease Agreement is binding upon and will inure to the benefit of the parties hereto, their successors and assigns. D. The provisions of this Lease Agreement may be amended only in writing signed by both parties. E. Whenever Lessor and Lessee are unable to agree on any question arising under this Lease Agreement, the dispute shall be submitted to the American Arbitration Association for arbitration and determination, and its decision shall be final and conclusive on the parties. The loser of any such arbitration shall be responsible for the costs of such arbitration. F. Any notice permitted or required by this Lease 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 920943 Lease - Alternative Homes for Youth Page 5 of 5 Pages addresses (which can be changed if written notice of the change is given to the other party) : LESSOR: Board of County Commissioners of Weld County, Colorado, 915 10th Street, Greeley, CO 80631 LESSEE: 3000 Youngfield Street, Suite 157, Lakewood, CO 80215. G. If any paragraph, sentence, clause, or phrase of this Lease Agreement is for any reason held or decided to be invalid or unconstitutional, such decisions shall not change the validity of the remaining portions. Parties hereto hereby declare that they would have entered into this Lease Agreement irrespective of the fact that any one or more paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. SIGNED this day of n .) , 1992. /nJ // LESSOR: ATTEST:/V �ll� COUNTY OF WELD, STATE OF COLORADO, by and through the Board of County Commissioners of Weld County Weld County Clerk to the Board 4" �� By: iK � By: i//%%t � om George Kennedy, Chairman Deputy Clerk to the Board LESSEE: Alternative Homes for Youth By: ��-U , 1 SUBSCRIBED AND SWORN TO before me this 02/day of CC/ .c, 1992. WITNESS by hand and official seal. No�� P l C My Comission expires: My Commission Expires January 10.1995 920343 Hello