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HomeMy WebLinkAbout20253115 Cinrva&i-Dal 009(1 LEASE AGREEMENT THIS LEASE AGREEMENT("Lease")is made and entered into this I"nay of Novembev ,2025,by and between the County of Weld,a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners,whose address is 1150 0 Street,Greeley,Colorado 80631,hereinafter referred to as"County,"and the City of Greeley,a Colorado home rule municipality,whose address is 1000 10th Street,Greeley,Colorado 80631,hereinafter referred to as"City." County and City may be referred to herein individually as"Party"or collectively as"Parties." WHEREAS,County owns a building located at 822 7th Street in Greeley,Colorado (the"Chase Building"),and WHEREAS,City desires to lease from County,and County wishes to lease to City, portions of the Chase Building,pursuant to the terms and conditions contained herein. WITNESSETH: NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the Parties hereto agree as follows: 1. Leased Premises. County hereby leases to City,and City hereby leases from County,the following described premises: (a) All office(s) located in Suite 760 of the Chase Bank Building located at 822 7th Street, Greeley, Colorado, containing approximately 4,645 Rentable Square Feet, hereinafter referred to as"Leased Premises,"and depicted in Exhibit A.Common areas within the Chase Building may be used by City without charge. (b) Together with the right to use in common with County,its employees,invitees,and customers,and County's other tenants and their employees,invitees,and customers,the parking areas provided by County,its successors,or assigns,in the designated areas for the parking of automobiles,which are contiguous to the building in which the Leased Premises is located; provided that County retains the right to make reasonable rules and regulations with reference to the use of said parking area,including the right to provide for certain reserved parking as,from time to time,determined by County,and particularly provided that employees,agents,and principals of City shall park in designated areas so as to assure County's other tenants and County's customers and visitors convenient and proximate parking contiguous to the building or buildings in which its tenants are located. (c) City acknowledges that City staff members have inspected the Leased Premises and hereby City accepts same in"as is"condition,and County has made no warranties and/or representations regarding the condition of the Leased Premises. Page 1 of 10 Pages 2025-3115 I VI"l i3C-r 00 Z1 2. Term. The term of this Lease shall be for one year commencing on January 1,2026,and terminating on December 31,2026. This Lease will renew automatically for successive one-year terms. Either Party may terminate this Lease at any time for any reason by providing to the other Party written notice of such termination delivered at least 180 days prior to the desired termination date. 3. Rental. City hereby agrees to pay to County as yearly rental for the Leased Premises the sum of $1.00 paid at the time of City's signing of this Lease. 4. Security Deposit. No security deposit shall be charged to City during the term of this Lease. 5. Use of Leased Premises. (a) City shall use said Leased Premises for office use and for no other purpose whatsoever. (b) City shall comply with all present and future laws or ordinances applicable to the Leased Premises and shall not commit or suffer waste on the Leased Premises,or use or permit anything on the Leased Premises which may be illegal,or constitute a private or public nuisance, or conflict with or invalidate or increase the cost of any of County's fire and extended coverage insurance,or which may be dangerous to persons or the property of County or other tenants of County's building, their agents, servants, employees, and customers. Notwithstanding the foregoing,City's effecting an increase in the cost of any of County's fire and extended insurance is curable by City's payment of such increase in cost. 6. Repairs,Maintenance,and Changes by City. (a) County shall make all necessary repairs to the interior of the Leased Premises, including window and plate glass and the fixtures and equipment therein or used in connection therewith,including the maintenance of all fixtures and equipment located within the Leased Premises,which repairs shall be in quality and class equal to the original work,in order to maintain said Leased Premises,fixtures,and equipment in good condition and repair;provided,however, that City shall be responsible for any painting,carpeting,or any repair necessitated by City's neglect or omission. If City fails to perform its obligations of maintenance or repair hereunder, County is authorized to come onto the Leased Premises,make such repairs,and upon billing to City by County,City shall reimburse County for the costs of such repairs. Upon termination of this Lease,City shall remove all property of City from the Leased Premises,except plumbing and other fixtures and leasehold improvements which may have been installed by City and except as otherwise provided in this Lease,and surrender the Leased Premises to County"broom clean"in as good order and condition as they were upon City commencing business,or were placed by City Page 2 of 10 Pages thereafter,ordinary wear and tear and damage by fire excepted. Any property left on the Leased Premises after the expiration or other termination of this Lease may be disposed of by County in any manner and without any liability to City. (b) City shall not make any changes,alteration,additions,or improvements to the Leased Premises without the written consent of County. Any changes,alteration,additions,or improvements to the Leased Premises requested by City with the consent of County shall be paid for in total by City. (c) County shall maintain the plumbing and heating lines;however,all repairs to the plumbing and heating lines necessitated by the action of City or City's agents or employees shall be at the expense of City. 7. Utilities. All electric light,heat,power,sewerage,water,fuel,and other utility service charges and assessments shall be paid by City for the benefit of the Leased Premises,according to the chart set forth in the attached Exhibit"B." 8. Custodial Services. (a) City agrees to keep all rubbish and garbage in containers while on the Leased Premises and shall dispose of all of such rubbish and garbage in the dumpster or other containers provided by County. (b) City shall allow custodial services within the Leased Premises as furnished by County. (c) All custodial services for the Leased Premises rendered by County shall be paid by City according to the charts set forth in the attached Exhibit"B." 9. Damage to Property or Leased Premises. (a) County and its agents shall not be liable in damages,for any damage to the City,or for the loss of or damage to any property of City,caused by theft or from any other cause whatsoever,whether similar or dissimilar to the foregoing. County shall not be liable for any injury or damage to persons or property,or loss or interruption to business resulting from fire, explosion,falling plaster,steam,gas,electricity,water,rain,snow,or leaks from any part of the building,or from the pipes,appliances,or plumbing works,or from the roof,street,or subsurface, or from any other place,or by dampness,or by any cause of whatsoever nature;nor shall County be liable for any damage caused by other tenants or persons in said building,or caused by operations in construction of any private or public or quasi-public work. None of the limitations of the liability of County or its agents provided for in this subsection(a)shall apply if such loss, injury,or damages are proximately caused by the gross negligence or breach by County,its agents, employees,or independent contractor. Page 3 of 10 Pages (b) City shall be liable for any damage to the Chase Building or property therein which maybe caused by its act or negligence,or the negligent acts of his agents or employees,and County may,at its option,repair such damage,and City shall thereupon reimburse and compensate County within five(5)days after rendition of a statement by County,for the total cost of such repair and damage. 10. Liability Insurance,Building Insurance,Waiver of Subrogation. (a) City shall,during the entire term of this Lease and any renewal hereof,keep in full force and effect a policy of public liability and property damage insurance with respect to the Leased Premises and the personal property therein. (b) County,at its sole cost and expense,agrees to keep the building and improvements (including the Leased Premises)insured against loss or damage by fire or other casualty insurable under standard fire and extended coverage insurance in an amount equal to the full current replacement cost of said building(s). 11. Damage or Destruction to Leased Premises. If the Leased Premises,or any portion thereof,shall be damaged during the term by fire or any casualty insurable under the standard fire and extended coverage insurance policies,but are not wholly untenantable,County shall repair and/or rebuild the same as promptly as possible, provided that the proceeds from County's insurance policies are available to County.County shall not be required to repair or rebuild any fixtures, installations,improvements, or leasehold improvements made to the interior of the Leased Premises by City,nor City's signs.Such repairs and/or replacements are to be made by the City at their sole cost. In such event,this Lease shall not terminate. County's obligation to repair shall be subject to any delays from labor troubles, material shortages,insurance claim negotiations,or any other causes,whether similar or dissimilar to the foregoing,beyond County's control. 12. No Subletting and/or Assignment. City shall not sublet any portion of the Leased Premises,nor assign this Lease in whole,or in part. 13. Signs. County shall install and maintain a sign in the lobby of the Chase Building that identifies City offices located in Suite 760. City is allowed to install and maintain signage it deems appropriate within the Leased Premises. Page 4 of 10 Pages 14. Quiet Enjoyment. County covenants and agrees with City that upon City paying the said rent,utilities,and for custodial services,and performing all the covenants and conditions aforesaid on City's part to be observed and performed,City shall and may peaceably and quietly have,hold,and enjoy the Leased Premises for the term aforesaid. 15. Notices. All notices to be given under this Lease shall be in writing and shall either be served personally or sent by certified mail,with return receipt requested. All notices mailed as herein provided shall be deemed received two(2)days after mailing.Notices to County or City shall be sent to the respective address set forth in the preamble hereof or such other address as the Party may specify in written notice to the other Party. 16. Inspection. City shall permit County,its agents,employees,and contractors to enter all parts of the Leased Premises at reasonable times to inspect the same and to enforce or carry out any provisions of this Lease. 17. Non-Waiver. Either Parry's failure to insist upon strict performance of any covenant of this Lease or to exercise any option or right herein contained shall not be a waiver or relinquishment for the future of such covenant,right,or option,but the same shall remain in full force and effect. 18. Captions. The captions and headings herein are for convenience and reference only and should not be used in interpreting any provision of this Lease. 19. Applicable Law,Survivability,and Time of the Essence. This Lease shall be governed by and construed under the laws of the State of Colorado.If any provision of this Lease,or portion thereof,or the application thereof to any person or circumstance shall,to any extent,be invalid or unenforceable,the remainder of this Lease shall not be affected thereby,and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. Time is of the essence in this Lease. Page 5 of 10 Pages 20. Force Majeure. The time within which the Parties shall be required to perform any act or acts under this Lease,including performance of County's and City's work described herein,shall be extended to the extent that the performance of such act or acts shall be delayed by acts of God,fire,windstorm, flood, explosion, collapse of structures, riot,war, labor disputes, delays or restrictions by governmental bodies,inability to obtain or use necessary materials,or any cause beyond the reasonable control of such Party,other than lack of monies or inability to procure monies to fulfill its commitment or obligation under this Lease;provided,however,that the Party entitled to such extension hereunder shall give prompt notice to the other Party of the occurrence causing such delay. 21. Amendments in Writing. This Lease and the Exhibit attached hereto and forming a part hereof set forth all the covenants,promises, agreements, conditions,and understandings between County and City concerning the Leased Premises,and there are no covenants,promises,agreements,conditions,or understandings,oral or written regarding the lease of the Leased Premises between them other than those that are herein set forth.Except as herein otherwise provided,no subsequent alteration, amendment,change,or addition to this Lease shall be binding upon County and City unless reduced to writing and signed by both Parties. 22. Authority. The Parties warrant and represent to each other that their respective executions of this Lease have been duly authorized by their respective governing bodies. 23. Copies. This Lease shall be executed in multiple copies,any one of which may be considered and used as an original. 24. Miscellaneous. The Chase Building is exempt from the restrictions set forth in C.R.S.§18-12-105.3(1)(b), by virtue of the ordinance contained in Weld County Code Section 2-2-65. 25. Fiber Optic. For telecommunications and network access,City shall install connections to its network through newly installed conduit to the Leased Premises as depicted in Exhibit C. When the City vacates the Leased premises,the City shall remove access to the City's network and thereafter ownership of the vault shall transfer to the County to use the vault and conduit for County's purposes. County shall thereafter maintain the vault and conduit at its sole cost and expense.County's use of the vault and conduit shall be subject to City's use and design standards and requirements for third party use of City's right-of-way,including coordination and relocation when necessary for a public project. Page 6 of 10 Pages Docusign Envelope ID:E7591BDD-29ED-4C49-AACF-OACB413CC44C IN WITNESS WHEREOF, the Parties have hereto executed this instrument on the day 1 and year first written above. CITY OF GREELEY: APPROVED AS TO SUBSTANCE: c—DocuSigned by: woo Lb1, ! —"—B8 FD0744BA543F_. City Manager APPROVED AS TO AVAILABILITY OF FUNDS: ("Signed by: 1 QUAAA,A. Perlis '-08CD302CB6A04B8... Director of Finance APPROVED AS TO LEGAL FORM: —LLSigned by: AA Iwf, it& FA2A4OFE4BA34FA... City Attorney COUNTY: ATTEST: ei....A", ,, ; °;4. COUNTY OF WELD, a political WELD COUNTY Clerk to the Board subdivision of the STATE OF COLORADO • By: /4)/(41CUA aket1))71 By� �, (Deputy) Clerk to the BoarF La Perry L. uck, Chair elkoard of County Commissioner of Weld ir 3xx�r unty, Colorado NOV 1 7 2025 is7 N- Page 7 of 10 Pages Z075-3t15 Exhibit " A " Common Area Other Tenant City of Greeley BI C1 Dr E Fi rirwo / tlf ..•••-1...\ L. -J . r . .., ‘ N L. _ J .......\ 0 Q Q 1 - it 2 - - t - - - a _ _ _ _ � r : I o71/ R • �ls ___j • / ...„ • dir . .. tch / tail .: � I _ _ Iill a ( 7T51 L _ J jIa 1 je � : r - T _ I tA r u in if IFF , NI „ F • / I ✓ 7 . i X Ile . A \ , N1 pal i 1I C+ tTllUi • 1 - J I _ � � I � } I �r � bra I 1� 11 � . 70 : l — - • ` a + ' L J O / O 6 . 07 sSrc i s f1 � ' y '� � - � „ - - , �� 1o91 IC i ��" ' " 1 - - - - - eem%1e ' 1 • I I O \ , � ; , 11P , : 1 � I °, I , , %. I ' 0' 33+ ' r ram , I p rtiv , • 1 — r IC• 1 T r I • II 1 � , 1 � I I �1 g +Ir Al "Mir c ,A } . ;� , . I I 1 . . 1 ii _ � F III , /. I : . ? � � tr , 3 V v ` _ • 3 . 77 , Y� ' ate — SjI ' } fI _ L git r � I I 1 i I f - 1 I .i r 1 r / I nI n `� LJ LJ L 1... J • K M1 , / 01 I R PA • ! 4 _al ° I i � - fit • - ' i/ 41 Me - . il 1 1 1 Ir. Y I I 1 fir - i ; • \ lu ' . r ^ r. A ' '/± ' r - , • Y � L , � ' 7. . r me Z � 1 . � ! r - 4 1-- r r1 I ' Ii I J r1` " s I ( � 1 1 L 1 1 • / 1 1 — ' 4 • ' - . . I 1 L _ _ _ L OF : E L E " E E iYF . CE i 1:41.0 "le a a 0 0 I ! . 01:311 a‘ 1 it • gil co 0 Li ggr Q Li i• F 1.: li r - , . taw - - - . . . _ _ . . - - - - - • -A - - _ _ _ _ . - - _ - - - ' : - - - Page 8 of 10 Pages Exhibit " B " Cost for Utilities and Custodial 1 / 1 / 2026 - 1 / 1 / 2027 - 1 / 1 / 2028 - 1 / 1 / 2029 - 1 / 1 / 2030 - 12 / 31 / 2026 12 / 31 / 2027 12 / 31 / 2028 12 / 31 / 2029 12 / 31 / 2030 Utilities $ 1 , 372 . 18 $ 1 , 440 . 79 $ 1 , 512 . 83 $ 1 , 588 . 47 $ 1 , 667 . 89 Custodial $ 577 . 76 $ 595 . 09 $ 612 . 95 $ 631 . 33 $ 650 . 27 Total Monthly $ 1 , 949 . 94 $ 2 , 035 . 88 $ 2 , 125 . 77 $ 2 , 219 . 80 $ 2 , 318 . 17 Total Annually $ 23 , 399 . 28 $ 24 , 430 . 58 $ 25 , 509 . 29 $ 26 , 637 . 65 $ 27 , 818 . 01 1 / 1 / 2031 - 1 / 1 / 2032 - 1 / 1 / 2033 - 1 / 1 / 2034 - 1 / 1 / 2035 - 12 / 31 / 2031 12 / 31 / 2032 12 / 31 / 2033 12 / 31 / 2034 12 / 31 / 2035 Utilities $ 1 , 751 . 29 $ 1 , 750 . 24 $ 1 , 837 . 75 $ 1 , 929 . 64 $ 2 , 026 . 12 Custodial $ 669 . 78 $ 689 . 88 $ 710 . 57 $ 731 . 89 $ 753 . 85 Total Monthly $ 2 , 318 . 17 _ $ 2 , 440 . 11 r $ 2 , 548 . 32 _ $ 2 , 661 . 53 v $ 2 , 779 . 97 Total Annually $ 27 , 818 . 01 $ 29 , 281 . 36 1 $ 301 579 . 86 $ 311 938 . 32 $ 33 , 359 . 58 If the Lease Agreement continues past 12 / 31 / 2035 , the City of Greeley and Weld County agree to negotiate a new Exhibit " A " to include similar escalations to adequately cover rising costs of utilities and custodial services . Page 9 of 10 Pages Exhibit " C~ " _ r - Ai .., . Once at !VIDE, utihze NEllCityvault - . existin corn fiber to would be nth hoar , relinquished to county when I • vacated by city fit I * ' *- Ae ....z. , .. a. ... .. „ . _ IP 11, Ito ' latkit Or III ill/ ily otor , te i ilt- 4, . /r .k .„01 r 4. 1- ' - n sm. 7.: • •••••••.' •-•••••n••• • morr• 44 en ago. 4 irtirm• fraseprossipail iw a D 0111 eel 11110* IP I j . "lie t :: III 4 z> "ItLI i • • Pe i • • . 11 Y ft =• * . 14 11. rl. � . 4 is • Ott ail . 41 • let et • t IS 4 3J. r ell • 8thOmind '4'k Page 10 of 10 Pages tract • Entity Information Entity Name* Entity ID* Q New Entity? CITY OF GREELEY @00001551 Contract Name* Contract ID Parent Contract ID CHASE BUILDING 7TH FLOOR LEASE 10094 Contract Status Contract Lead* Requires Board Approval CTB REVIEW CNAIBAUER YES Contract Lead Email Department Project# cnaibauer@weld.gov Contract Description* LEASE AGREEMENT FOR THE 7TH FLOOR OF THE CHASE BUILDING Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date LEASE BUILDINGS AND Date* 1 1/13/2025 GROUNDS 1 1/1 7/2025 Amount* $23,399.28 Department Email Will a work session with BOCC be required?* CM- NO Renewable" BuildingGrounds@weld.go YES Does Contract require Purchasing Dept.to be Automatic Renewal included? Department Head Email CM-BuildingGrounds- Grant DeptHead@weld.gov County Attorney IGA GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY@WEL D.GOV 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 Review Date* Renewal Date* 11/02/2026 01/01/2027 Termination Notice Period Committed Delivery Date Expiration Date Contact Information 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 PATRICK O'NEILL RUSTY WILLIAMS BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 11/12/2025 11/12/2025 11/12/2025 Final Approval BOCC Approved Tyler Ref# AG 111725 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 11/17/2025 Hello