HomeMy WebLinkAbout930606.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT BETWEEN FAMILY EDUCATIONAL NETWORK OF WELD COUNTY
AND THE WATTENBERG COMMUNITY BUILDING BOARD 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 Family
Educational Network of Weld County and the Wattenberg Community Building Board,
commencing July 1, 1993, and ending October 1, 1993, with further terms and
conditions being as stated in said lease, and
WHEREAS, after review, the Board deems it advisable to approve said lease,
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 Family Educational Network of
Weld County and the Wattenberg Community Building Board be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said lease.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 14th day of July, A.D. , 1993, nunc pro tunc
July 1, 1993. /I}
dl BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED DATE OF SIGNING (AYE)
Constance� L./IHar�bert, Chairman
_} __
BY: �1.P I 6 i d� �E kL 1/4 -' y�� 1 £WPQilvil
Deputy Clerk to the Board W. TTTIII Webster, em 1
APPRO TO FORM:
Pro r
j / eorge l Baxter
ounty Attorney 1, D;1� K. Hall
L,
arbara J. Kirkmeyet 6
930606
LEASE AGREEMENT
WATTENBURG COMMUNITY BUILDING
THIS AGREEMENT, made and entered into this 30th day of June, 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 Count's Migrant Head Start Program,
hereinafter referred to as "Lessee." and the Wattenburg Community Building Board,
hereinafter referred to as "Lessor."
WHEREAS, the Lessor owns the premises located in the City of Wattenburg,
County of Weld, in the State of Colorado, to wit: Wattenburg Community Building,
Grace Avenue and Weld County Road 6, Wattenburg, Colorado, 80621.
WHEREAS, the Lessor desires to lease the entire portion of said building,
and
WHEREAS, the Lessee desires to lease this portion of the aforementioned
premises for use in the Migrant 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.
2. The rent for said premises shall be in the amount of $2,700.00 per
month. The rent amount shall include gas, light, water, and trash.
Rental payments are due to the Lessor on the 1st day of each and
every month of the term hereof. Rental payments required under this
Agreement shall be paid to the Lessor at 1945 Mary Avenue, Fort
Lupton, Colorado, 80621.
3. A security deposit in the amount of $2,700.00 in advance shall
become part of this Agreement. The security deposit shall be
retained to cover any damages to the premises other than normal wear
and tear, with the balance to be returned to the Lessee within 30
days, in accordance with Colorado law, provided the Lessee has not
violated any provision of this Agreement. The term "normal wear and
tear" means that deterioration which occurs, based upon the use for
which the rental unit is intended, without negligence, carelessness,
accidents, or abuse of the premises or equipment of chattels by the
Lessee or others.
4. No sign, advertisement of notice shall be inscribed, painted or
affixed on any part of the outside or inside of the Building, except
on the glass of the windows or doors.
5. No additiL__al locks shall be placed upon _ay doors of said room
without consent of the Lessor first and endorsed upon this lease:
and the Lessee will not permit any duplicate keys to be made (all
keys to be furnished by the Lessor) . Upon the termination of the
Agreement, Lessee will surrender all keys of premises and building
to Lessor.
6. The Lessee shall provide janitorial services for the aforementioned
building space .
7. In case of emergency, Lessee will immediately contact the Board
President. Any such incurred will be the responsibility of the
Lessor.
8. The Lessee shall provide the costs for the Lessee's telephone
installation and service.
9. The premises leased shall not be used for the purpose of overnight
sleeping, nor shall it be used by Lessee outside of designated
hours. The designated hours shall be 6:00 a.m. to 6:00 p.m. and for
family functions with prior approval from the Wattenburg Community
Building Board.
10. The Lessee shall not sublet the premises or any part thereof and
shall not assign, transfer, pledge, mortgage or otherwise encumber
this Agreement or any portion of the terms thereof, without the
previous written consent in each instance of Lessor, and Lessee
shall furnish to the Lessor a copy of such proposed instrument.
11. Lessee shall not permit any mechanic's lien to be placed upon the
building.
12. Lessee agrees to maintain liability insurance coverage, and to cover
any loss or damages to this property or any loss caused by personal
injury accident or death.
13. Lessor shall not be liable for any loss of property or any
accidental damages to the person or property of the Lessee in or
about the building or the premises, or from pipes or plumbing work
of the same, fire, smoke or from theft. Lessee covenants and agrees
that he will protect and save and keep the Lessor forever harmless
and indemnified against and from any penalty or damages or charges
imposed for any violation of any laws or ordinances, whether
occasioned by the Lessee or those holding by the Lessee. Lessee
will at all times protect, indemnify, and save and keep harmless the
Lessor against and from any and all loss, cost, damage or expense
arising our of or from any accident, injury or other occurrence on
and about the premises.
14. Lessee will, at the termination of this Agreement by lapse, yield
immediate possession to Lessor and failing so to do, will pay as
liquidated damages, for the whole time such possession is withheld,
the sum of $100.00 per day; rent receipt, security deposit or any
part thereof may not be used in place of hold over penalty.
15. The term of this Agreement shall be from July 1, 1993 through
October 1, 1993.
93C:f16
12. Assurances:
a. The Wattenburg Community Building Board 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. FENWC, the Weld County Board of Commissioners, its officers and
employees, shall not be held liable for injuries or damages caused
by any negligent acts or omissions of the Wattenburg Community
Building Board, its employees, volunteers, or agents while
performing this Agreement. The Wattenburg Community Building Board,
its officers and employees, shall not be held liable for injuries or
damages caused by any negligent acts or omissions of FENWC, or its
employees, volunteers, or agents while performing functions as
described in this Agreement. The Wattenburg Community Building
Board shall provide adequate liability and worker's compensation
insurance for all of its employees, volunteers agents engaged in the
performance of this Agreement, as required by the Colorado Worker's
Compensation Act. Likewise, FENWC, by and through the Board of Weld
County Commissioners, shall provide adequate liability and workers'
compensation insurance for all employees of FENWC 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. The Wattenburg Community Building Board understands that monitoring
and evaluation of the performance of this Agreement shall be
conducted by the Weld County Division of Human Resources and the
results provided to the Weld County Board of Commissioners.
e. The Wattenburg Community Building Board 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, handicap, or
national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under the
approved Agreement.
93C ,
IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be
duly executed as of the day and year first hereinabove set forth.
WELD COUNTY BOARD OF COMMISSIONERS WATTENBURG COMMUNITY BUILDING BOARD
77 .Gt.P� acv L�^
onstance L. liar ert, Chairman 01/19/93 - rank Hernan ez, President of he Board
WELD CO TY
IVISION OF HUMAN RESOURCES
' r Executive Director
J 1 '�
TEST: 1(' ' ,;
WELD COUNTY CLERK TO THE BOA
f
/By: / I /J..{fy_� ��z.4 -ezu-
Deputy Clerk to the Btard
ATTESTING TO DOPED OF COUNTY.
CO;MIS3IUIILR S:GNPd U(ES ONLY
9u1.rat'r
��asrd
ce
mEmORAnDUm
Whit Board of County Commissioners
ToConstance L . Harbert , Chairp®sson July 14 , 1993 ],1n
COLORADO From Walter J . Speckman , Executive Director, Human Resources
Subject: Lease Agreement between FENWC and Wattenburg Community
Building
Enclosed for Board approval is a Lease Agreement between the Family Educational
Network of Weld County and the Wattenburg Community Building.
The Wattenburg Community Building agrees to rent it's Community Building, Grace
Avenue and Weld County Road 6 in Wattenburg in the amount of $2,700.00 per month
which includes gas, light, water, and trash. FENWC is also required to pay a
security deposit in the amount of $2,700.00.
The term of this Agreement is from July 1, 1993 through October 1, 1993.
If you have any questions, please telephone Tere Keller-Amaya, at 356-0600.
930606
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