HomeMy WebLinkAbout940062.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT BETWEEN FENWC'S HEAD START PROGRAM AND TRINITY
HOUSING CORPORATION 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 Educational Network of Weld County's Head Start Program and Trinity
Housing Corporation, commencing October 1, 1993, and ending June 15, 1994, 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 Family Educational Network
of Weld County's Head Start Program and Trinity Housing Corporation 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 10th day of January, A.D. , 1994, nunc pro
tunc October 1, 1993.
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/ I / , 11 I /1 n BOARD OF COUNTY COMMISSIONERS
ATTEST: 111 WELD COUNTY, COLORADO
, vc� .�.'Z A
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Weld County Clerk to the Board `f Ji a7
/// R Webster, hairman
BY: 41 41/40-///!A7- r it_/-
Deputy
Deputy Clerk to the $oaxi Dal K. Hall, Pr� ,ei //Tem
APPROVED AS TO FORM: c� r CY
/George ,L. Baxter
County Atto ney Constance L. Harber/An Barbara J. Kirk eyer
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LEASE AGREEMENT
THIS AGREEMENT, made and entered into this /lef day of December 1993, 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 1, 1993 through June 15,
1994.
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9. The Lessee agre& to maintain liability insurance .nd 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.
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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 C.RPGR&ION
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!' / i r/ /j ) / ) i/, •r �j�
W.H.H. Webster, Chairmen VVVal/lai Thomas E. C .1. , r=side
T Nun-head V Fie,/
ATTEST: / 9 ,1 /// WELD COUNTY DIVISION OF
• a2/7 HUMAN RESO CES
Weld County Clerk to the Board
17W ter J. Speckman
//qdi et //// 6 xecutive Director
eputy Cler to the Bo yd\
940062
lM `l
' 6, MEMORAf1DUfn
aAlm
Wilk Board of County Commissioners
To W.H. Webster, Chairman Date January 10, 1991
COLORADO From Walter J. Speckman, Executive Director, Human Resources k,� Q k
subject: Purchase of Service Aareement hetwean FFNWC and Trinity Housing
Corporation
Enclosed for Board approval is a Purchase of Service Agreement between the Family
Educational Network of Weld County (FENWC) and Trinity Housing Corporation
(Lessor) .
FENWC agrees to rent a room from the Lessor located at the Island Grove
Apartments, 1190 14th Avenue, in the amount of $150.00 per month, payable on the
1st of every month. The amount covers the rent and utilities/trash.
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 ont he part of the Lessee.
The Lessor agrees to submit a bill for the rental of one room to the FENWC
Program, by the 10th of each month.
The term of this Agreement shall be from October 1, 1993 through June 15, 1994.
If you have any questions, please telephone Tere Keller-Amaya at 353-3800.
940062
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