HomeMy WebLinkAbout20252698.tiffResolution
Approve Right -of -Entry Agreement for Formerly Used Defense Sites Program at
Former F.E. Warren Air Force Base, Atlas 'E' Missile Site #12, and Authorize Chair
to Sign — U.S. Department of the Army, Army Corps of Engineers
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 Right -of -Entry Agreement for the
Formerly Used Defense Sites Program at the Former F.E. Warren Air Force Base,
Atlas 'E' Missile Site #12, 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 U.S. Department of the Army, Army Corps of Engineers,
commencing upon full execution of signatures, and ending July 12, 2030, 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 Right -of -Entry Agreement for the Formerly Used Defense Sites
Program at the Former F.E. Warren Air Force Base, Atlas 'E' Missile Site #12, 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
U.S. Department of the Army, Army Corps of Engineers, 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 Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 29th day of September, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
Cc. exyc eO l ME3),
CAcee./ KM�
\b \ aa\a s
2025-2697
BG0027
eonh-1 c+-, qq5to
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT is dated this _25#19 day of
September, 2025, and is 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
"O" Street, Greeley, Colorado 80631, hereinafter referred to as "County" or "Landlord," and
McAdams Law Office, LLC, a Colorado limited liability company, whose address is 822 7th
Street, Suite 530, Greeley, Colorado 80631, hereinafter referred to as "Tenant." Landlord and
Tenant are referred to collectively herein as "the Parties."
WITNESSETH:
WHEREAS, on August 1, 2022, the Parties executed a Lease Agreement ("Lease
Agreement") for the property known as 822 7th Street, Suite 530, Greeley, Colorado 80631, for
a tenancy and occupation from August 1, 2022, to and until July 31, 2025, and
WHEREAS, the Parties now desire to extend the term of the Lease Agreement from
August 1, 2025, to and until July 31, 2030, according to the schedule and with the rent payments
set forth in the attached "Schedule 5," and pursuant to the same terms and covenants set forth in
the Lease Agreement, with amendment to Sections 1.1.6, 8.1, 8.3, and Schedule 5.
NOW, THEREFORE, inconsideration of the terms and covenants set forth in the Lease
Agreement and this First Amendment to Lease Agreement, the Parties agree to substitute the
following Sections 1.1.6, 8.1, and 8.3, and the attached Schedule 5, for those set forth in the
Lease Agreement:
1.1.6 "LEASE COMMENCEMENT DATE" shall be the 1st day of August,
2025. "Lease Expiration Date" shall be the 31st day of July, 2030. "Lease Term" shall
mean the twelve (12) month period between Lease Commencement Date and Lease
Expiration Date. The Prior Lease shall remain in effect until the Lease
Commencement Date described in this section 1. 1.6.
8.1 TERMINATION BY LANDLORD. If the Building is made substantially
untenantable, or if Tenant's use and occupancy of the Leased Premises are substantially
interfered with, due to damage to the common areas of the Building, or the Leased
Premises are made wholly or partially untenantable by fire or other casualty, Landlord
may, by notice to Tenant within one -hundred twenty (120) days after the damage,
terminate this lease, and Rent shall be abated from the time the fire or other casualty
occurred.
8.3 TERMINATION BY TENANT. If the Landlord does not terminate this
Lease as provided above, and Landlord fails within one -hundred twenty (120) days
after the date of such casualty to restore the damaged Common Areas or the Leased
Page 1 of 2 Pages
2025-2698
Bc-1 OU f
Premises to enable Tenant to reoccupy and use the leased Premises in the manner
contemplated by this Lease, Tenant shall have the right to terminate this Lease by
giving Landlord prior notice within five (5) days after the end of such one -hundred
twenty (120) day period; provided that the time for Landlord to perform shall be
extended by any delay caused by or attributable to Unavoidable Delay (as defined in
section 13.10 of this Lease). If Landlord determines that it will be unable to restore
such damaged areas within such one such one -hundred twenty (120) day period,
Landlord shall have the right to cease its performance and provide Tenant with written
notice (the "Extension Notice") of such inability. The Extension Notice shall set forth
the date on which Landlord reasonably believes that such damaged areas will be
restored. Upon receipt of the Extension Notice, Tenant shall have the right to terminate
this Lease by providing notice of termination to Landlord within five (5) days after the
date of delivery of the Extension Notice. In the event that Tenant does not terminate
this Lease within such five (5) day period, the timc for the Landlord to restore such
damaged areas shall be extended to be the date set forth in Landlords Extension Notice
or amended Extension Notice as the case may be.
All of the other terms and covenants set forth in the Lease Agreement shall remain the
same.
THIS FIRST AMENDMENT TO LEASE AGREEMENT is signed by the Parties on the
date set forth above.
ATTEST: ..dr
CLERK TO THE BOARD
By:
Deputy Clerk to the B
LANDLORD:
COUNTY OF WELD, by and through i
of County Commissioners
By.
Perry L.(j3uck, Chair
TENANT:
MCADAMS LAW OFFICES LLC
Page 2 of 2 Pages
Z02S-2(og�
SCHEDULE 5 - GROSS RENT
PSF Annual Monthly
Gross Gross Gross
Rent Rent Rent
INITIAL PERIOD
08/01/202.5 - 07/31/2026 $15.50 $42,144.50 $3,512.04
08/01/202.6 - 07/31/2027 15.97 43,408.84 3,617.40
08/01/2027 - 07/31/2028 16.44 44,711.10 3,725.93
08/01/2028 - 07/31/2029 16.94 46,052.43 3,837.70
08/01/2029 - 07/31/2030 17.45 47,434.01 3,952.83
OPTION PERIOD: Tenant may have the right to exercise an additional five-year option term to
extend the Lease upon mutual agreement of both Landlord and Tenant ("Option Term"). Gross
Rent shall be payable monthly during the Option Term according to the following schedule:
PSF Annual Monthly
Gross Gross Gross
Rent Rent Rent
OPTION TERM
08/01/2031 - 07/31/2032 $17.97 $48,857.03 $4,071.42
08/01/2032 - 07/31/2033 18.51 50,322.74 4,193.56
08/01/2033 - 07/31/2034 19.06 51,832.42 4,319.37
08/01/2034 - 07/31/2035 19.63 53,387.39 4,448.95
08/01/2035 - 07/31/2036 20.22 54,989.01 4,582.42
Contract Form
Entity Information
Entity Name* Entity ID*
MCADAMS LAW OFFICE @00045448
Contract Name*
MCADAMS LAW OFFICE LEASE AGREEMENT
Contract Status
CTB REVIEW
Contract Description*
LEASE FOR MCADAMS LAW OFFICES
Contract Description 2
O New Entity?
Contract ID
9956
Contract Lead"
CNAIBAUER
Contract Lead Email
cnaibauer@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Type* Department Requested BOCC Agenda Due Date
LEASE BUILDINGS AND Date* 09/27/2025
GROUNDS 10/01/2025
Amount*
$42,144.50 Department Email Will a work session with BOCC be required?*
CM- NO
Renewable * BuildingGrounds@weld.go
YES Does Contract require Purchasing Dept. to be
included?
Automatic Renewal
Grant
IGA
Department Head Email
CM-BuildingGrounds-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@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
Termination Notice Period
Contact Information
Review Date*
05/01/2030
Renewal Date*
07/31/2030
Committed Delivery Date Expiration Date
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
CONSENT 09/26/2025
Approval Process
Department Head Finance Approver Legal Counsel
CURTIS NAIBAUER CONSENT CONSENT
DH Approved Date Finance Approved Date Legal Counsel Approved Date
09/26/2025 09/26/2025 09/26/2025
Final Approval
BOCC Approved Tyler Ref #
AG 092925
BOCC Signed Date Originator
CNAIBAUER
BOCC Agenda Date
09/29/2025
Hello