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Home My WebLink About20241782.tiffRESOLUTION RE: APPROVE LEASE AGREEMENT FOR PATIO SPACE (822 7TH STREET, GREELEY) AND AUTHORIZE CHAIR PRO-TEM TO SIGN - BRIX BREWERY, LLC, DBA TIGHTKNIT BREWING COMPANY 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 for Patio Space (822 7th Street, 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 Brix Brewery, LLC, dba Tightknit Brewing Company, commencing upon full execution of signatures, and ending May 31, 2025, with further terms and conditions being as stated in said lease agreement, and WHEREAS, after review, the Board deems it advisable to approve said lease 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 for Patio Space (822 7th Street, 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 Brix Brewery, LLC, dba Tightknit Brewing Company, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is, authorized to sign said lease agreement. 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., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: t�..•nJ � `�� Weld County Clerk to the Board Deputy Clerk to the Boa Coun y Attorney n 15 Date of signature: I �Z,L Lori Saine cc:B.6(O1) 08/15/24 2024-1782 PR0038 LEASE AGREEMENT Patio Space at 822 7th Street, Greeley, Colorado THIS LEASE AGREEMENT is made and entered into this I St of IAA 2024, by and between the COUNTY OF WELD, a political subdivision of the STATE COLORFCDO, by and through the Board of County Commissioners of the County of Weld, whose address is 1150 "O" Street, Greeley, Colorado 80632, hereinafter referred to herein as "Landlord," and Brix Brewery, LLC OBA Tightknit Brewing Company, referred to herein as "Tenant." WITNESSETH: That in consideration of the payment of the rent and the keeping and performance by Tenant of the covenants set forth in this Lease Agreement, Landlord hereby leases unto Tenant the following described premises, situated in the County of Weld and in the State of Colorado, to -wit: 1,300 square feet of patio space on the Chase Plaza located at 822 7th Street, Greeley, Colorado, located on the west side of the Brix Taphouse and Brewery, hereinafter referred to as "the Premises." TO HAVE AND TO HOLD the same with the appurtenances unto Tenant at and for a rental of Two Thousand Four Hundred Ten Dollars and Twenty Cents ($2410.20) per year or Two - Hundred Dollars and Eighty -Five Cents ($200.85) per month beginning June 1, 2024, and ending May 30, 2025, with the option to renew for one (1) additional year as detailed below. A diagram of the Premises is shown on the attached Exhibit A. Tenant, in consideration of the leasing of the Premises, covenants and agrees as follows: 1. Tenant shall use ordinary care when using the Premises. Tenant may erect around the exterior boundary of the Premises, at Tenant's sole cost, a tubular metal fence approved by the Weld County Interim Director of Facilities, Curtis Naibauer. Upon termination of this Lease, Tenant shall remove the fence and repair any holes in the patio pavement caused by their installation. 2. Tenant may include the Premises as part of its liquor licensed premises for the Brix Taphouse and Brewery. 3. Tenant shall keep the Premises clean and in a sanitary condition. 4. Tenant shall not assign or transfer this Lease, any interest therein or claim thereunder, without the prior written approval of Landlord. 5. Tenant shall obtain and maintain at all times during the tenancy of this Lease commercial general liability insurance in an amount of not less than Two Million and no/I 00 Dollars ($2,000,000.00), naming the Board of County Commissioners of Weld County, its o2ow-i782 Employees and Officers," as Additional Named Insureds. At the start of the tenancy of this Lease, Tenant shall provide to Landlord a current Certificate of Insurance which evidences such insurance and lists the Additional Named Insureds. Furthermore, the parties hereto agree as follows: A. The term of this Lease shall be from the date of signature by both parties hereunder to and until May 31, 2025. Tenant has the option to renew this Lease for one (1) additional year beginning June I, 2025, to run to and until May 31, 2026, for an annual rental rate of Two Thousand Four Hundred Eighty -Two and Fifty -One Cents ($2,482.51) or Two Hundred Six Dollars and Eighty -Eight Cents ($206.88) per month. To exercise this option, Tenant must inform Landlord in writing at the address listed above no later than March I, 2023. B. Either Landlord or Tenant may terminate this Lease at any time during the term hereof for any reason by notifying the other Party in writing of such intent to terminate at least sixty (60) days prior to the intended date of termination. C. Tenant is leasing the Premises "as is." D. If any provision of this Lease, or any application thereof to any person, shall be invalid or unenforceable to any extent, the remainder of this Lease, and the application thereof to other persons or circumstances, shall not be impaired, and shall be enforced to the fullest extent permitted by law. E. This Lease, including any attachments and documents specifically incorporated herein by reference, contains the entire Lease between the parties. All prior negotiations between the parties are merged in this Lease, and there are no understandings or agreements other than those incorporated herein. This Lease may not be modified except by written instrument signed by both parties. F. It is expressly understood and agreed that the enforcement of the terms and conditions of this Lease, and all rights of action relating to such enforcement, shall be strictly reserved to both parties and nothing in this Lease shall give or allow any claim or right of action whatsoever by any other person not included in this Lease. It is the express intention of both parties that any person or entity other than the undersigned parties receiving services or benefits under this Lease shall be an incidental beneficiary only. G. Landlord and Tenant agree to comply with the applicable provisions of all federal, state, or local laws or ordinances and all lawful orders, rules, and regulations issued thereunder; and any provisions, representations or agreements, or contractual clauses required thereby to be included or incorporated by reference or operation of law in this Agreement. H. No portion of this Lease 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 Lease be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Lease. I. Neither the Tenant nor the Landlord shall be liable for any delay in, or failure of performance of, any covenant or promise contained in this Agreement, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to extent that, such delay or failure is caused by "force majeure." As used in this Lease, "force majeure" means acts of God, acts of the public enemy, unusually severe weather, fires, floods, epidemics, quarantines, strikes, labor disputes and freight embargoes, to the extent such events were not the result of, or were not aggravated by, the acts or omissions of the non -performing or delayed party. J. This Lease shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. K. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Lease. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Tenant agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day and year first written above. ATTEST: X:11,04 Clerk to the Board B LANDLORD: COUNTY OF WELD, a political subdivision of the STATE OF COLORADO, by and through the Board of County Commissioners of the County of Weld Perry .: uck, Chair Pro—Tem JUL 0 12024 TENANT: BRIX BREWERY, LLC DBA TIGHTKNIT BREWING COMPANY adati-i7/z.. C t4-4; E lMN4fJN EXHIBIT A BRIXBRE-01 CERTIFICATE OF LIABILITY INSURANCE AGALLEGOS DATE (MM/DDIYYYY) 6/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PFS Insurance Group 4848 Thompson Parkway Suite 200 Johnstown, CO 80534 CONTACT PFS Insurance NAME: PHONE 970 635-9400 I F°''t ) Talc, No, Ext): ( ) (ac, No):(970 635-9401 Mass: info@mypfsinsurance.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Employers Mutual Casualty Company 21415 INSURED Brix Brewery, LLC dba Tightknit Brewing Co. 813 8th Street Greeley, CO 80631 INSURER B : Property and Casualty Insurance Company of Hartford 34690 INSURER C. INSURER D : INSURER E : INSURER F : REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'LW LTR TYPE OF INSURANCE ADD- WO INSD WVD POLICY NUMBER POLICY EFF IMM/DDIYYYYI POLICY AY"' IMM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X BBB2036 10/15/2023 10/15/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) 500,000 $ MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ IS LOC OTHER: PRODUCTS - COMP/OP AGG $ 2,000,000 LIQUOR LIABILIT $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTEO�S ONLY AUTOS ONLY SCHEDULED AUTOpSWN COMBINED SINGLE LIMIT (Ea accidnt) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ GOUGE $ UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTION $ B WORKERS COMPENSATION WPM LIABILITY OFFICER/MEMBER/EXCLUDED?ECUTIVE YIN (Mandatory in NH) Eyes, describe under DESCRIPTION OF OPERATIONS below N/A 34WECBBOMNP 10/15/2023 10/15/2024 X I STATUTE I I EORH E. L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) If required by written contract, the Certificate Holder is included es Additional Insured for ongoing operations under General Liability. CANCELLATION Weld County Facilities Department P SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1105 H Street P.O. Box 758 AUTHORIZED REPRESENTATIVE Greeley, CO 80632 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* Entity ID* Q New Entity? BRIX BREWERY LLC @00045841 Contract Name* Contract ID Parent Contract ID PATIO LEASE AGREMENT 8456 Contract Status Contract Lead" Requires Board Approval CTB REVIEW CNAIBAUER YES Contract Lead Email Department Project # cnaibauer@weld.gov Contract Description * NEW LEASE FOR PATIO SPACE SOUTH OF THE CHASE ANNEX FOR BRIX BREWERY. Contract Description 2 Contract Type* LEASE Amount* $2,410.00 Renewable* YES Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 05/30/2024 GROUNDS 06/03/2024 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 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 Contact Info Review Date * 06/02/2025 Renewal Date* 06/02/2025 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 07/01/2024 Approval Process Department Head CURTIS NAIBAUER DH Approved Date 07/01/2024 Final Approval BOCC Approved YES BOCC Signed Date 07/01/2024 BOCC Agenda Date 07/01/2024 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 07/01/2024 07/01/2024 Tyler Ref # 2024-1782 Originator CNAIBAUER Hello