HomeMy WebLinkAbout961157.tiff RESOLUTION
RE: APPROVE PROPERTY LEASE BETWEEN FENWC AND SJB CHILD
DEVELOPMENT CENTERS, INC. 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 Property Lease 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 Human Services Division, Family Educational Network of
Weld County, and SJB Child Development Centers, Inc., commencing June 3, 1996, and
ending July 19, 1996, 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 Property Lease 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 Human Services Division, Family Educational Network of Weld County, and SJB
Child Development Centers, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 1st day of July, A.D., 1996, nunc pro tunc June 3, 1996.
BOARD OF COUNTY COMMISSIONERS
lowamsgen� WEEDS COUNTY,/COLO DO
IS L s._, . . , Wiwi,'
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�a ` Barbara J. Kirkmeyer, Chair
r861 4t_ac* i' In my Clerk to the Board
%� �yi I c r e Baxter, Pro- m
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����SDe ut Cler o the Board % C l
Dale K. Hall
APP D AS TO FOR : Fxni 1sFn
Constance /L. Harbyrt{�
oun y ttorney / 1(// /!9 ? h
W. H. WeFister---
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PROPERTY LEASE
THIS INDENTURE, made this 31st day of May, 1996, 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 Education
Network of Weld County, hereinafter referred to as the Sub-
Lessee, and SJB Child Development Centers, Inc. , the Lessee,
and approved by the Lessor, Grace Baptist Church,
WITNESSETH, that, in consideration of the payment of the
weekly rent to the Lessee, and the keeping and performance of
the covenants and agreements by the said Sub-Lessee
hereinafter set forth, the said Lessee hereby leases unto the
said Sub-Lessee the following described premises situate in
the County of Weld, in the State of Colorado, to wit:
1 . 2000 Clubhouse Drive, Greeley, Weld County, Colorado.
Lease includes the outlined rooms in the attached plot
description, identified thereupon as rooms one ( 1) , two (2) ,
three (3 ) , four (4) and five (5 ) , together with the rooms
identified as the library, kitchen, study, and all adjacent
halls and restrooms, having a total of 3040 square feet,
together with the exterior areas, including the playground
and grass areas, the parking areas, together with area on the
premises for a maximum 4 ' X 4 ' signage.
2. TO HAVE AND TO HOLD the same with all the appurtenances
unto the said Sub-Lessor for a period of eight weeks,
commencing at eight o ' clock A.M. on the third day of June
through 6 : 00 P.M. July 26, for a weekly rental of $500 . 00,
not to exceed a total of $4000 . 00, payable to SJB Child
Development Centers, Inc. (Lessee) for a total of 3040
square feet, (rooms 1, 2, 3, 4, 5, study, library, and kitchen
use as agreed upon with Lessee, ) and occasional evening use
/ as pre-arranged with Grace Baptist Church staff. Rent to
include space, utilities, furniture, classroom equipment,
playground equipment, refrigerator-freezer, trash removal,
telephone line 3 (330-7255) and existing telephone equipment
use. Lessee will submit a bill for rent and janitorial
services to Sub-Lessee by the 5th of each month. Janitorial
services will be billed at a rate of $10 per hour, not to
exceed 20 hours per week, and Sub-Lessee will be responsible
for any repairs or maintenance necessary as a result of use
of premises during Sub-Lessee' s operating hours, that
exceeds normal wear and tear conditions. A damage deposit in
the amount of $1000 will be billed by Lessee to Sub-Lessee
with the first billing form. Said damage deposit will be
refunded at the end of the stated term upon inspection of
premises resulting in no excess wear and tear conditions.
3 . And the said Sub-Lessee, in consideration of the leasing
of said premises as aforesaid, covenants and agrees as
follows, to wit:
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To pay rent for said premises as hereinabove provided,
to keep the improvements upon said premises, and at the
expiration of this Lease to surrender and deliver up said
premises in as good order and condition as when the same were
entered upon, loss by fire, inevitable accident or ordinary
wear excepted; to sublet no part of the said premises, nor
assign this Lease, or any interest herein, without the
written consent of the Lessor and Lessee first being
obtained; to use said premises for no purpose prohibited by
the laws of the United States, or the State of Colorado, or
the ordinances of the said City of Greeley; to keep the
sidewalks in front of and around said premises free from
litter, dirt, debris, and obstructions; to keep said premises
clean, and in the sanitary condition required by the
ordinances and the health and police regulations of the said
City of Greeley; to neither permit nor suffer any disorderly
conduct about said premises; to allow said Lessor and Lessee
at any reasonable hour of the day to enter into or upon and
go through and view premises; and to occupy the same as a
migrant child care center.
IT IS AGREED that all assessments for water and sewer
rents that may be levied against said premises during the
continuance of this Lease shall be paid by the said Lessor,
and that all charges for heating and lighting the said
premises shall be paid by the said Lessor as the same become
due and payable, and that all charges for property insurance
and repairs be paid by said Lessor, and that in case said
premises shall become untenable on account of damage by fire,
flood, or act of God, this lease may be thereupon terminated
by the said Sub-Lessee.
IT IS FURTHER AGREED that the Sub-Lessee shall maintain
liability insurance and shall list Lessor and Lessee as
additional named insureds on the liability policy and shall
provide the Lessor and Lessee evidence of coverage within 5
days of the signed lease agreement.
IT IS FURTHER AGREED that the Lessor may use the space
leased by Sub-Lessee for church related services on Sundays
at no cost to the Lessor. Use by the Lessor of leased space
will warrant leaving all areas in a clean condition before
Sub-Lessee is scheduled to resume use, and the same will be
true for the Sub-Lessee.
4. ASSURANCES:
Lessee and Lessor agree that they are independent of
Weld County and that their 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.
Weld County, the Board of County Commissioners of Weld
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County, its officers and employees, shall not be held liable
for injuries or damages caused by any negligent acts or
omissions of Lessor or Lessee, or their employees,
volunteers, or agents while performing functions as described
in this Agreement. Lessor and Lessee 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.
Lessor and Lessee 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. Sub-Lessee, by and through the Board of County
Commissioners shall provide adequate liability and Workman' s
Compensation Insurance for all its employees, volunteers, and
agents engaged in the performance of this agreement.
Lessor and Lessee understand that monitoring and
evaluation of the performance of this Agreement shall be
conducted by the Board of County Commissioners of Weld
County.
Lessor, Lessee, and Sub-Lessee 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.
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.
5 . 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 or phrase 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.
6 . 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
above.
7 . IT IS MUTUALLY AGREED that this lease will begin on
June 3, 1996, with a minimum term of four weeks, and expire
no later than August 3, 1996 .
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IN WITNESS WHEREOF, the parties hereto have executed
this Lease Agreement on the day, month, and year first above
written.
(14.4d (23 •
Charles D. Fisher, LY%airperson Sandra J. righ -President
Grace Baptist Chyarch Board SJB Child Dev. Centers, Inc.
E tosame'er s.: A 7Zu • C 0/ArI6,
Nvo aA % County : •ard o /Commissioners
0/ 7PM11=ra Kirkmeyer, Chairperson
Tic N. al
Tevb •' GifLfGl/
U w� I a . .
� polle_E d Coun ;i lerk to the Boa d
We Minty Division of Human Services
Wa ter J. Speckman, Director
961157
mEmoRAnDum
IlDBarbara J. Kirkmeyer, Chairperson
To Board of Countyy Commissioners DBLe June 26, 1996
COLORADO From Walter J. Speckman, Executive Director, Human Services Ua —
Lease Agreement between the Family Educational Network of Weld
Subject:
County and ABC Preschool
Enclosed for Board approval is the Lease Agreement between the Family Educational Network of
Weld County's(FENWC)Head Start Program and ABC Preschool.
The Agreement is to provide FENWC with classroom and playground facilities and custodial services
for children enrolled in the Head Start Extension Program.
The term of this Agreement is from June 3, 1996 through July 19, 1996.
If you have any questions, please call me at 353-3800, extension 3317.
961157
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