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HomeMy WebLinkAbout960823 RESOLUTION RE: APPROVE MODULAR CLASSROOM AGREEMENT BETWEEN FENWC AND MESA COUNTY VALLEY SCHOOL DISTRICT NO. 51 AND AUTHORIZE CHAIR 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 Modular Classroom Agreement 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 Services FENWC (Family Educational Network of Weld County), and Mesa County Valley School District No. 51, commencing November 21, 1995, and ending November 21, 2005, 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 Modular Classroom Agreement 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 Services FENWC (Family Educational Network of Weld County), and Mesa County Valley School District No. 51 be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 13th day of May, A.D., 1996, nunc pro tunc November 21, 1995. BOARD OF COUNTY COMMISSIONERS p�, WELD C OUNTY, COLORA O q ✓ LuAu arbar� J. Kirkmeyer, Ch it 1951 %tor:4iIintY '� Clerk to the Board ! /J ` / , u)rt n %eorge �. Baxter, Pro-Tem ® Deputy Cle to the Board YK� FXCl1SFD IlATF (1F SIANINf (AYF). Dale K. Hall AP D AS TO • Constance L. Harb ) , p ount orne j�/,I V N, L. -C,1'fb, ( K W. H. Webster 960823 Ca; i95 HR0067 MODULAR CLASSROOM AGREEMENT THIS MODULAR CLASSROOM AGREEMENT is made this 7 if day of November, 1995, by and between, MESA COUNTY VALLEY SCHOOL DISTRICT NO. 51, a Colorado public school district, whose address is 2115 Grand Avenue, Grand Junction, CO 81501, hereinafter referred to as the "District" and FAMILY EDUCATIONAL NETWORK OF WELD COUNTY, an agency of Weld County Colorado, whose address is 1551 North 17th Avenue, P.O. Box 1805, Greeley CO 80632, hereinafter referred to as the "FENWC." WHEREAS, the District owns and operates Clifton Elementary School located at 3276 F Road, Clifton, CO 81520, more specifically described as follows: The East 165 feet of the South 528 feet of the SW aSE 4 of Section 2, Township 1 South, Range 1 East of the Ute Meridian, and all that part of the West 264 feet of the SEISE 4 of Section 2, Township 1 South, Range 1 East of the Ute Meridian lying South of the Price Ditch, Mesa County, Colorado. and WHEREAS, FENWC operates summer educational programs for migrant children and wishes to obtain a site upon which to erect a classroom facility for such a program; and WHEREAS, the District is willing to allow FENWC to use a portion of its Clifton Elementary School site for such a purpose, in exchange for the right to use FENWC's building during the District's academic year for District early childhood development or similar programs, and other terms and conditions all as more fully set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the District and FENWC agree as follows: 1. Right to Place, Occupy and Use; Fee. (a) In consideration of Ten Dollars ($10.00) paid by the FENWC, the District's receipt of which is hereby acknowledged, the District hereby grants to FENWC the right erect and place a modular building on a portion of the Clifton Elementary School site together with nonexclusive rights to parking and access thereto as shown on Exhibit A hereto, said land and nonexclusive rights being referred to herein as the "Property." 960823 (b) FENWC agrees that upon delivery of possession to the Property, the FENWC will construct and place on the Property an unfurnished 48' x 60' "quad" modular classroom building (Modular Classroom) according to the general design shown on Exhibit B hereto. The Modular Classroom, as erected and placed on the Property, shall comply with all applicable state and federal laws, regulations and building codes pertaining to school buildings including, but without limitation, the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101, et seq., and Section 504 of the Rehabilitation Act of 1973, as amended from time to time, in which event FENWC shall be solely responsible for the cost of compliance. Subject to the terms and limitations of paragraph 6 FENWC will promptly commence and with due diligence complete any alterations of or improvements or additions to the Premises which are or become reasonably necessary to bring the Premises and Tenant's use thereof into compliance with the ADA. However, in the event the cost to FENWC of making such alterations, improvements or additions would exceed two thousand dollars ($2,000), or in the event the District refuses to consent to such alterations, improvements or additions, FENWC shall have the right to terminate this lease by giving thirty (30) days' written notice to the District. The following provisions shall apply to such construction: (i) All construction costs for the Modular Classroom, including the cost of required governmental tap fees, building permits and related fees, utility hookups (including the cost of extending and installing gas, water, gas, electric and telephone utilities and separate metering devices) and site preparation, shall be borne by FENWC. (ii) FENWC shall have right of access to, across and upon the Clifton Elementary School Campus as necessary to carry out construction activities upon the Property commencing upon the signing of this agreement, provided that such activities shall be scheduled and coordinated with the building principal so as to minimize interference with educational activities at the site. (iii) The Modular Classroom shall be substantially completed and ready for occupancy by the District on or before June 1, 1996, provided that FENWC will not be responsible for construction delays caused factors beyond its control. (c) During the term hereof the parties shall share the right to occupy the Modular Classroom as follows: 2 960823 (I) FENWC shall have preferential rights to use and occupy the Modular Classroom for the purposes authorized herein, subject to the District's obligations hereunder, from June 7th through August 30th. (ii) The District shall have preferential rights to use and occupy the Modular Classroom for the purposes authorized herein, subject to the FENWC's obligations hereunder, from September 20, through May 20th. (iii) At times other than mentioned in (i) and (ii), the parties will be allowed to jointly occupy the Modular Classroom for the purposes authorized herein, with District activities being given priority during the District's academic year and FENWC's activities being given priority at times other than during the District's academic year. 2. Term and Early Termination. The term of this Agreement shall commence on the date first above written, and end on the same date ten (10) years thereafter. However, this Agreement shall automatically be renewed for successive three year terms unless either party gives written notice on nonrenewal to the other party not less than six(6) months prior to the end of the initial and any subsequent term. The renewal terms shall be on the same terms and conditions as herein stated. This Agreement may be terminated prior to the end of the primary or any renewal term at the election of either party, without cause, upon delivering to the other a written notice thereof identifying an early termination date at least ninety (90) days from the delivery date. If the district elects early termination of this Agreement, without cause, or if the Agreement is terminated by FENWC due to a material breach and default of the District, the District shall pay or provide for the cost of removing from the Property the Modular Classroom and any alterations, additions and improvements to the Property provided by FENWC or by the District, as well as the cost of transporting the Modular Classroom and any such additions to another location in Mesa County identified by FENWC and shall be liable to FENWC for any damage to the Modular Classroom or additions occasioned by such removal and transportation. In the event the District elects early termination of this Agreement, or if the Agreement is terminated by FENWC due to a material breach and default of the District, FENWC shall not be liable to the District for Property restoration costs otherwise required hereunder of for the cost of removing alterations, additions and improvements made or added to the Modular Classroom by the District which are to be delivered to the District at termination. 3. Use limitations, Care. Use of the Property and the Modular Classroom will be primarily devoted to educational purposes by both parties. The district will 3 960823 restrict its educational programs to early childhood instruction and kindergarten, or to the educational programs of a charter school of the District, provided that the educational programs of such a charter school shall also be limited to early childhood instruction and kindergarten. FENWC will restrict its programs and activities to the early childhood education of migrant children. Both parties, during their respective periods of occupancy will be entitled to use the property for purposes ancillary to their stated educational missions and for such other lawful activities as may be incidental thereto and such as will not render the insurance on the premises void or increase the insurance risk. Specifically, but not by way of limitation, the District shall be permitted to use the room occasionally for school activities such as parent-teacher conferences, staff meetings and community gatherings subject to the District's facilities use policies. The parties will obtain any and all licenses and permits necessary for their intended use, and will comply with all governmental laws, ordinances and regulations applicable to the use of the Modular Classroom at their respective cost and expense. Without the consent of the other, neither party will without prior written consent of the other receive, store or otherwise handle any explosive or highly inflammable products, or hazardous material under or about the Property or the Modular Classroom, nor will they transport or permit the transportation of the same to the Property or Modular Classroom. The parties will take good care of the Property and the Modular Classroom and its fixtures during their respective periods of occupancy and will suffer no waste. Each party will repair and/or replace damage sustained to the Property or the Modular Classroom by reason of misuse, abuse or negligence of that party's employees or persons, including children, authorized to use the Property by that party. 4. Maintenance, Repair, Custodial and Off-Site Storage. The District will, unless herein specified to the contrary, provide all routine service and maintenance for the Modular Classroom, including, but not limited to, windows, glass and plate glass, doors, interior and exterior walls and finish work, floors and floor coverings, heating, electrical, mechanical, air conditioning systems, foundations, all structural aspects of the improvements, the roofs, plumbing work and fixtures, and keep them in good repair and in tenantable condition during the term of this Agreement, and at its own cost and expense provide labor to make all minor repairs and replacements and perform all servicing necessary for their preservation. The cost of materials necessary to make such minor repairs will be charged to and paid by FENWC, it being agreed that no such costs in excess of$100.00 shall be incurred by the District without FENWC 's prior approval. Labor and materials necessary to make major repairs, including those necessitated by vandalism, shall be paid for by FENWC, with the work performed or contracted by the District after receiving 4 960,3.^3 FENWC prior approval. The District shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by items set forth under the extended coverage provisions of the fire insurance policy on the Modular Classroom. All such repairs and replacements shall immediately become the property of the FENWC. The District will at all times be responsible for providing routine custodial service to the Property and the Modular Classroom, which will include trash removal, grounds care and snow removal. Such service will be at least equal to custodial services provided by the District to the other grounds and improvements at Clifton Elementary School. FENWC employees will be expected to maintain their work areas in the same manner and to the same degree of order and cleanliness as apply to the Clifton Elementary School staff. The District will share with FENWC the cost of constructing an on-site storage building for the storage of classroom equipment, furniture, supplies and materials belonging to the parties which must be stored during periods which a party is not occupying the Modular Classroom. 5. Ownership; Removal. (a) The Modular Classroom and all appurtenances and fixtures thereto shall be and at all times remain the personal property of the FENWC, and shall not be become part of the real estate. Except in the case of early termination by the District for reasons other than cause (which eventuality is provided for in paragraph 2), FENWC shall have ninety (90) days following expiration or termination of this Agreement to remove the Modular Classroom from the Clifton Elementary School site, at its own expense, and restore the Property to the condition existing prior to this Agreement, except that all underground utility lines extended to the Modular Classroom shall be left in place and stubbed off at or below grade. Should FENWC fail to remove the Modular Classroom within the time period so provided, the District will be entitled to pursue all remedies at law or equity, and in addition thereto may remove the Modular Building from the Property, restore the Property to the condition existing prior to this Agreement, move the Modular Classroom to another location and charge and collect from FENWC all reasonable costs, including storage costs, resulting thereby. (b) The District represents that it now has good title to the Clifton Elementary School site, free and clear of all liens and encumbrances, excepting only the zoning ordinances and other 5 960823 building and fire ordinances and governmental regulations relating to the use of the Property, and easements, restrictions and other conditions of record. The District represents and warrants that the District has full right and authority to enter into this Agreement, and during the term of this Agreement covenants and agrees to warrant and defend the FENWC in the quiet, peaceable enjoyment and possession of the Property. In the event of any dispute regarding ownership of the Property, the District shall immediately, upon request from and at no cost to the FENWC, furnish proof thereof by delivering to FENWC an ownership and encumbrance letter issued by a properly qualified title insurance company. (c) FENWC will, within the period prescribed herein, secure good title to the Modular Classroom free and clear of all liens and encumbrances, erect the Modular Classroom and place it upon the Property in conformity with all applicable laws, regulations and codes pertaining to or governing the design and construction of public school buildings in Colorado. Upon such erection and placement FENWC agrees to warrant and defend the District in the quiet, peaceable enjoyment and possession of the Modular Building. 6. Alterations. Neither party will make any significant alterations, additions or improvements to the Modular Classroom or the Property without prior written consent of the other party. Any alterations made by FENWC and approved by the District will be paid for solely by the FENWC. Any alterations made by the District and approved by FENWC will be paid for solely by the District. With respect to any such significant alterations, additions or improvements to the Modular Classroom or the Property, neither party will allow any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of the other in the Modular Building or the Property, as the case may be, including liens in favor of those who may furnish materials or perform labor upon the Modular Building or the Property. At the termination or expiration of this Agreement the District will deliver to FENWC all alterations, additions and improvements made to the Modular Classroom. All shelves, bins, machinery and trade fixtures installed by the District may be removed by the District at the termination of this Agreement if the District so elects, and shall be removed if required by FENWC. All such removals and restoration will be accomplished in a good workmanlike manner so as not to damage the primary structures or structural qualities of the Modular Classroom. At the termination or expiration of this Agreement, and except as otherwise provided in paragraph 2, FENWC will deliver to the District all alterations, additions and improvements of a permanent nature made to the Property. Any such alterations, additions and improvements made by FENWC of a movable or temporary nature may be removed, provided that such removal will be 6 960823 accomplished in a good workmanlike manner so as restore the Property to the condition required by other provisions of this Agreement. 7. Assignment and Subletting. Neither party shall assign or sublet its interest under this Agreement without the other party's express written consent, which consent will not be unreasonably withheld. Consent of FENWC shall not be required should the District assign or sublet its interest hereunder to a District charter school. 8. Insurance. The FENWC will maintain at its sole cost and expense standard fire and extended coverage insurance covering the Modular Classroom. Such insurance may be under the Weld County self-insurance program. If the Modular Classroom should be totally destroyed by fire, tornado or other casualty, FENWC shall give immediate written notice thereof to the District. Each party will, at their own cost and expense, carry insurance on the contents of the Modular Classroom according to their respective ownership interests. FENWC will carry public liability insurance on the premises at least comparable in coverage to that which the District carries on its own structures. The District shall be endorsed as an additional insured on such liability insurance. The parties will annually provide each other with evidence of such insurance and additional insured endorsement. 9. Utilities. During their respective periods of use, the parties shall pay for gas, electric and communication utilities. To the extent practical the Modular Classroom will be placed on separate gas and electric metering devices carried in the District's name and FENWC will reimburse the District upon presentation of statements evidencing FENWC's share of such utility costs. If separate metering devices are not practical, utility costs shall be apportioned on an equitable basis. The District shall pay water delivery charges. Each party shall arrange for and separately pay its own telephone installation costs and monthly use charges. 10. Employee Screening, Employee Conduct. All FENWC employees and volunteers engaged in one-on-one contact with children shall be subjected to screening procedures no less stringent than those applied to such employees and volunteers of the District. FENWC will ensure that its employees and volunteers serving at Clifton Elementary School conduct themselves at all times in accordance with standards of behavior and ethics applicable to District instructional staff, including but not limited to District standards pertaining to the use or abuse of drugs, alcohol and tobacco. 11. Applicable Law. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Agreement. Any provision of this Agreement, whether or not incorporated herein by reference, which provides for arbitration by any 7 96G.__(� ? extrajudicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Agreement to the extent that it is capable of execution. 12. Damage and Destruction. In the event the Modular Classroom is rendered untenantable or unfit for occupancy by fire or other casualty for a period of more that thirty (30) days, this Agreement will immediately terminate. In the event the Modular Classroom are damaged by fire or other casualty so that there is partial destruction of such premises or such damage as to render the Modular Classroom partially untenantable or partially unfit for occupancy for a period of more than thirty (30) days, either party may, within five (5) days of the running of such period, terminate this Agreement by giving written notice to the other party. Such termination shall be effective not less than fifteen (15) days from the date of mailing of the notice. 13. Fiscal Funding. The parties are political subdivisions of the state. For this reason it is understood and agreed that this Agreement is dependent upon the continuing availability of funds beyond the term of the parties' current fiscal period ending upon the next succeeding June 30, as financial obligations of the parties payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Further, the parties recognize that the act of appropriation is a legislative act, and the parties hereby covenant to take such reasonable action as is necessary under the laws applicable to them to timely and properly budget for, request of and seek and pursue appropriation of funding which will permit them to perform all obligations required under this Agreement during the period to which such appropriation shall apply. In the event there shall be no funds made available, this Agreement shall terminate at the end of the then current fiscal year. Each party shall give the other written notice of such nonavailability of funds at least forty-five (45) days prior to the effective date of such termination. Provided such notice is given, the termination will not be deemed a default by either party and the party giving notice will be without liability for damages, penalties or additional cost to the parties other than the obligation remove and restore the Modular Classroom and the Property as provided in paragraphs 5(a) and 6. 14. Complete Agreement, Additional and Related Agreements. This Agreement, including all exhibits, supersedes any and all prior written or oral agreements pertaining to the subject matter hereof, and there are no covenants, 8 90823 conditions or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract, executed and approved by the parties respective governing boards. . The parties specifically waive any claims they may have for negligent misrepresentations in the formation of this Agreement. The parties anticipate that they will enter into separate agreements regarding the construction of the Modular Classroom, through the District's Career Center, as well as for such supplementary items as food service and early childhood special education services. Such agreements will be separate and apart from this Agreement and shall in no way be deemed or construed to govern, alter, amend or serve as a contingency to the terms hereof. 15. Captions, Construction, and Lease Effect. The captions and headings used in this Agreement are for identification only, and shall be disregarded in any construction of the Agreement provisions. All of the terms of this Agreement shall inure to the benefit of and be binding upon the respective heirs, successors, and assigns of both the District and FENWC. If any portion, clause, paragraph, or section of this Agreement shall be determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then the remaining portions of this Agreement shall remain in full force and effect. 16. Notice. Any notice required or permitted by this Agreement may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in a United States Mail Depository with sufficient postage attached thereto: District: FENWC: Mesa County Valley School District Family Educational Network of Weld No. 51 County Attn: Birney L. Cox Attn: Tere Keller-Amaya Executive Director of Business Director, FENWC Services/CFO P.O. Box 1805 2115 Grand Avenue 1551 North 17th Avenue Grand Junction. Colorado 81501 Greeley, Colorado 80632 Notice of change of address shall be treated as any other notice. 17. Time of Essence, Default, Holding Over. Time is of the essence of this Agreement and in the event of the failure of either party to perform any material 9 23 term or condition hereof, including but not limited to terms pertaining to delivery of possession or services and payment, such party shall be in breach and default and the other party shall, in addition to all remedies provided by law and equity and by the terms of this Agreement, be entitled to declare the Agreement terminated by reason of such breach or default, and upon failure of the party in breach and default to correct the condition or cure the default within 30 days after receiving written notice of termination, which notice shall identify such term or condition, this Agreement shall terminate according to the process described in paragraphs 2 and 5(a). No waiver by a party of any violation or breach of any of the terms, provisions and covenants herein contained shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions and covenants herein contained. If, on account of any breach or default by a party hereto under the terms and conditions hereof, it shall become necessary or appropriate for the other party to employ or consult with an attorney concerning the enforcement or defense of its rights or remedies hereunder, the party breaching or in default hereunder shall pay all reasonable attorneys' fees so incurred by the other party. If FENWC shall fail to remove the Modular Classroom within the time provided following expiration or sooner termination of this Agreement, unless otherwise agreed in writing, the District may, in addition to all remedies provided by law and equity and by the terms of this Agreement, elect to treat such continued occupancy as a month-to-month tenancy at a rental of One Thousand Dollars ($1,000.00) per month. The District's acceptance of the payment of rental or other payments hereunder after the occurrence of an event of default shall not be construed as a waiver of such default unless the District so notifies FENWC in writing. However, FENWC shall not be liable for rent under this paragraph if FENWC's failure to remove the Modular Classroom or otherwise vacate the Property is due to the District's failure to timely vacate the Modular Classroom upon expiration or sooner termination of this Agreement or allow FENWC reasonable access to the Property for the purpose of removing the Modular Classroom. 18. Consent. Unless otherwise specifically provided, whenever consent or approval of a party is required under the terms of this Agreement, such consent or approval shall not be unreasonably withheld or delayed and shall be deemed to have been given if no response to a written request is received within 15 working days after the date of request was delivered to the other party. If either party withholds any consent or approval, such party shall on written request promptly deliver to the other party a written statement giving the reasons therefor. 10 96on.23 19. Liability Exposure. The parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the negligence of a subdivision of the State of Colorado and/or its employees is controlled and limited by the provisions of the Colorado Governmental Immunity Act, section 24-10-101, et seq., C.R.S. Any provision of this Agreement, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of the District to the above referenced statute. IN WITNESS WHEREOF, the parties hereto have executed this Modular Classroom Agreement on the day and year first above written. MESA COUNTY VALLEY SCHOOL Attest: DISTRICT NO. 51 By/ _767 A Ai'4/ ,7,,,in.v By , s __., Mary alenian, Board Secretary Debra D. Johns, President Board of Education [E/1, % FAMILY EDUCATIONAL NETWORK es J�t�/ ��'//��"" " OF WELD COUNTY, an agency of Weld xT County Colorado '1861 11‘k‘ %O .gh � U(,VIc Y�LLC. Y CLERK TO BOARD 05/13/96 Barbara J. Kirkmeyer , Chair Weld County Board of County AT` Si,: ^, TO MITI) Of [oRM Commissioners C6,....,. :. .._n S:Q h URES CNU WELD COUNTY DIVISION OF HUMAN SE yAcEs B W ter J. Speckman, Executive Cirector 11 960823 I. EXHIBIT A, PAGE 1 • .. -. . . _Finest • • • • O V . , ' .1 :74 & I •0:4 : • • d • >1 I • • ® Q, . L I - ..-. stevin Avtnw r - - - - . : I . *a , 4 'd • . .. 401 rypoie • xauud W I- ' ' . . . : • : Ii O ° on • ; — O CU . J CO — — — — N - 3 pcoel j CO 960823 EXHIBIT A, PAGE 2 FSNWG NEW UN IT — i co.Welt -T 24,no I G7,'•^444 uu �k -� • bKM+MEW. 6440044 -- F .•i I, if' ,ry` t_�f'F M q c. a5KoOM `b' • I / / I4 tT1i1s=.e IOW io'. Ill � I+_ __ ( � I , i f kif/ > [ �' ' — NEW 5' "ryc6 ------ % q 4�� ,, WY�IAI�T comt.WJIL I /_1 I / j ri L .d/ J\2q �arw Q r 4r•' — r c _ -� b -um; 1BMP 41. .5 i/ dYit laWN- -, a, UH4L pbrce --- - - -, ,• „9- a, °; ./ , 1 �.-. . ..NLAL '/ (-- 1 WWI'. :)IL-Er.. Foot- ,.,41 , , . .. uN • -- — -- s ,u,Lc,,,G. -? NI.-G.13--1\ '-.-f,A5 r,stE(L - - - - 4*--7------------ . 7 960823 ► r - r 4 Sr [ ' " ? 1a F ,ii - I, g r4 ( iE . i 960823 EXHIBIT B f,►., itirc I I ..It I CA r .1 `O a t0 _— I • —. _ `�I . T 1 19 0 b.• Eli ` C , it - t e it +_N.Vk I. .5 I 3 O ` p I Ni _. I r I F' ;0 n R I. - A A _ I LI 1 -- L.' y T, v li \a • i(_ p 11- [it � _1 t € Milt II f 9608^3 0,A,(e-rry; MEMORAnDU Weld County Board of Commissioners May 13, 1996 To Date COLORADO From alt Speckman, Exec. Director, Division of Human Services 1 \W\ sue}«tAgreement Between Mesa Valley School District 51 & FENWC Enclosed for Board approval is a ten (10)year site agreement between Mesa Valley School District 51 and the Weld County Division of Human Services, Family Educational Network of Weld County Migrant Head Start Program. The contract contains provisions for: • the time frame of occupancy for both programs, • termination requirements of the agreement, 90 day written notification, utility payment, each entity pays for utilities during the time the facility is used for agency functions,with the exception of water(the District takes responsibility for this payment, • insurance and liability responsibilities: FENWC takes responsibility for modular classrooms, each agency insures its own contents, • shared costs for the construction of a storage facility, • general maintenance and repair, is the responsibility of the District; major projects and repairs will be performed by the District with prior approval for reimbursement from FENWC. If further information is needed please contact Tere Keller-Amaya at extension 3342. 960823 Hello