HomeMy WebLinkAbout20240124.tiffRESOLUTION
RE: APPROVE AMENDMENT #2 TO LEASE AGREEMENT FOR IMPROVED REAL
PROPERTY FOR OFFICE SPACE FOR OFFICE OF STATE PUBLIC DEFENDER
(822 7TH STREET, SUITE 300, GREELEY) 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 Amendment #2 to the Lease Agreement
for Improved Real Property for Office Space for the Office of State Public Defender
(822 7th Street, Suite 300, Greeley) between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Facilities
Department, and the Colorado Department of Personnel and Administration, Office of State
Architect Real Estate Programs, commencing February 1, 2024, and ending March 31, 2024, with
further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #2 to the Lease Agreement for Improved Real Property
for Office Space for the Office of State Public Defender (822 7th Street, Suite 300, Greeley)
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Facilities Department, and the Colorado
Department of Personnel and Administration, Office of State Architect Real Estate Programs, be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
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2024-0124
PR0038
AMENDMENT #2 TO LEASE AGREEMENT FOR IMPROVED REAL PROPERTY FOR OFFICE
SPACE FOR OFFICE OF STATE PUBLIC DEFENDER (822 7TH STREET, SUITE 300,
GREELEY)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of January, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C RA
ATTEST: did:64.A J < ;vk
Weld County Clerk to the Board
BY: OttiZHVI • ikki teirrAL
Deputy Clerk to the Board
APED OM:
County torney
Date of signature: 1x251241
Kevin Ross, Chair
1.
erry L. Buuck/Pro-Tem
TiA(
Mike Freeman
t K. James
2024-0124
PR0038
Cuncivoth I
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Public Defenders Chase building lease extension
DEPARTMENT: Facilities DATE: 1-7-2024
PERSON REQUESTING: Curtis Naibauer
Brief description of the problem/issue:
The State public defender has asked for an additional lease extension for the 3r° floor office space that they
currently occupy in the Chase Building. This lease would be through March 31, 2024.
What options exist for the Board?
1. Approve the lease extension.
2. Deny the lease extension.
Consequences:
Impacts:
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Recommendation:
The Facilities department recommends placing the lease extension on the agenda for approval.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro -Tern
Mike Freeman rnf
Scott K. James
Kevin D. Ross , Chair hl`
Lori Saine
2024-0124
PR 603
January 7, 2024
FACILITIES DEPARTMENT
PHONE: (970) 400-2020
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
To: Board of County Commissioners
From: Curtis Naibauer
Subject: Public Defender Lease Extension
The Public Defender is a current tenant at the Weld County building located at 822 7th Street. The lease
expires January 31, 2024. The Public Defender has requested a lease extension from February 1, 2024,
through March 31, 2024. The monthly rental rate will be $24,845.88.
The lease amendment also includes ability for Weld County to access to make inspections, repairs, or
alterations in preparation for follow-on use of the suite.
The Facilities Department is recommending the lease extension.
If you have any questions, please contact me at extension 2027.
Sincerely,
Curtis Naibauer
Interim Director
STATE OF COLORADO
DEPARTMENT OF PERSONNEL AND ADMINISTRATION
OFFICE OF THE STATE ARCHITECT
REAL ESTATE PROGRAMS
STANDARD
LEASE AMENDMENT [IMPROVED REAL PROPERTY]
LANDLORD
TENANT
LOCATION
County of Weld
Office of the State Public Defender
Suite 300, 822 7th Street, Greeley, CO 80631
Form — Amendment to Improved Real Property Lease
Rev. 1/2019
SECOND AMENDMENT TO LEASE
The printed portions of this form, except bold additions, have been
approved by the State of Colorado Attorney General
THIS SECOND AMENDMENT TO LEASE, made and entered into this Ilk" day of January,
2024, for the purpose of amending that certain lease dated June 13, 2016, (the "Lease"), as amended by
the First Amendment to Lease dated September 25, 2023 by and between County of Weld, as
"Landlord", and THE STATE OF COLORADO, acting by and through the Office of the State Public
Defender, as "Tenant, relating to the leasing of a portion of the building located at 822 7t5 Street, Greeley,
CO 80631 (the "Building"), comprised of Eighteen Thousand Three Hundred Ninety -Three (18,393)
rentable square feet.
WHEREAS, as to Tenant, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for payment in
Fund Number 100, G/B/L Account Number JCA-005; and
WHEREAS, by this Second Amendment to Lease, the Parties agree to amend the Lease to 1)
extend the term of the Lease commencing February 01, 2024 through March 31, 2024; 2) stipulate
the Monthly Rent for the extended term; and 3) otherwise amend and clarify the Lease; and
WHEREAS, the Tenant is paying 100% of the monthly rental amounts due; and
WHEREAS, the Lease, the First Amendment to Lease, and this Second Amendment to Lease are
hereinafter collectively referred to as the "Lease"; and
NOW, THEREFORE, Landlord and Tenant in consideration of the mutual promises contained herein,
hereto agree to amend the Lease as follows:
1. Article 1, PREMISES, TERM, RENT shall be amended by adding the following:
(E) TO HAVE AND TO HOLD the same, together with all appurtenances, unto Tenant, for the
term beginning February 01, 2024 ("Commencement Date"), and ending March 31, 2024, at and for
a monthly rental (the "Monthly Rent") for the full term as shown below:
18,393 SF
TERM DATES
NEGOTIATED
ANNUAL
RENT/RSF
EST.
PROPERTY
TAXES
ADJUSTED
ANNUAL
RATE/
RSF
MONTHLY
RENT
TERM
RENT
02/01/24 - 03/31/24
$16.21
$0.00
$16.21
$24,845.88
$49,691.76
2. Article 27, ADDITIONAL PROVISIONS Sections (F) Tenant's Cabling and (G) Landlord's
Access shall be preserved as amended in the First Amendment to Lease.
3. Order of Precedence. The provisions of the Lease shall govern the relationship of the State
and Landlord. In the event of conflicts or inconsistencies between the Lease and the Second
Amendment such conflicts or inconsistencies shall be resolved by reference to the documents in
the following order of priority:
i. The provisions of the Second Amendment to Lease,
ii. The provisions of the First Amendment to Lease,
iii. The provisions of the main body of the Lease,
Form — Amendment to Improved Real Property Lease Page 1 of 3
Rev. 1/2019
�p ��D/o2L
Except as modified by the provisions of this Second Amendment to Lease, all other terms and
conditions in the Lease are hereby ratified and confirmed and remain in full force and effect.
Form - Amendment to Improved Real Property Lease Page 2 of 3
Rev. 112019
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Lease
agreement on the day and year first above written.
LANDLORD:
Board of County C Goners
Weld Coun olorado
Kevin D. Ross, Chair
Attest: / )
By:
Deputy C ,' t the B
Date: JAN 1 7 2024
TENANT
STATE OF COLORADO
Jared S. Pdis, Governor
Office of the State Public Defender
By:
Colorado State Public Defender
Date: 1 /18/24
Form - Amendment to Improved Real Property Lease Page 3 vt 3
Rev. 1/2019
do .0.2 a/OV
ontract
Entity Information
Entity Name* Entity ID*
OFFICE OF THE STATE PUBLIC @00028879
DEFENDER
Contract Name"
LEASE AGREEMENT EXTENSION
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
7743
Contract Lead *
SGEESAMAN
Contract Lead Email
sgeesaman@co.weld.co.0
s;Iredfern@weldgov.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description"
822 7TH STREET SUITE# 300 LEASE AGREEMENT EXTENSION FEBRUARY 1, 2024- MARCH 31, 2024
$24,845.88 A MONTH.
Contract Description 2
Contract Type*
LEASE
Amount*
$24,845.88
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
BUILDINGS AND
GROUNDS
Department Email
CM-
BuildingGrounds@weldgo
v.com
Department Head Email
CM-BuildingGrounds-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
Requested BOCC Agenda Due Date
Date* 01/18/2024
01/22/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date *
04/01/2024
Committed Delivery Date
Renewal Date
Expiration Date*
04/01/2024
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
CURTIS NAIBAUER CHRIS D'OVIDIO BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
01/09/2024 01/10/2024 01/11/2024
Final Approval
BOCC Approved Tyler Ref #
AG 011724
BOCC Signed Date Originator
SGEESAMAN
BOCC Agenda Date
01/17/2024
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