HomeMy WebLinkAbout20222179.tiffCortvuCi- 1 bif-OgS
June 12, 2023
FACILITIES DEPARTMENT
PHONE: (970) 400-2020
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
To: Board of County Commissioners
From: Toby Taylor
Subject: 822 7th Street Lease Agreement Renewal — Brix — (2022-2179)
Brix Brewery LLC has requested to renew the lease of 1,300 SF of sidewalk space at the property located
at 822 7th Street, Greeley. The renewal lease amount is for $2,410.20 per year or $200.85 per month from
June 1, 2023, to May 31, 2024. There is a renewal option for an additional one-year increment for
$2,482.51.
The Facilities Department is recommending this lease renewal.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
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222 -2(19
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AMENDMENT TO LEASE AGREEMENT
Patio Space at 822 8th Street, Greeley, Colorado
THIS AMENDMENT TO LEASE AGREEMENT is made and entered into this ftrday
of June, 2023, by and between the COUNTY OF WELD, a political subdivision of the STATE
OF COLORADO, by and through the Board of County Commissioners of the County of Weld,
whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, hereinafter referred to
herein as "Landlord," and Brix Brewery, LLC DBA Tightknit Brewing Company, referred to
herein as "Tenant." The Landlord and the Tenant may be referred to collectively herein as, "the
Parties."
WITNESSETH:
WHEREAS, the Parties entered into a Lease Agreement for the following described
premises on July 27, 2022, referred to in the Office of the Clerk to the Board of County
Commissioners as "2022-2179" ("Lease Agreement"), and
WHEREAS, the leased premises is described as follows:
The premises situated in the County of Weld and in the State of Colorado, to -wit: 216
square feet of patio space on the Chase Plaza located at 822 8th Street, Greeley, Colorado, located .
on the west side of the Brix Taphouse and Brewery, hereinafter referred to as "the Premises,"
and
WHEREAS, said Lease Agreement was for the period from June 1, 2022, to and until
May 30, 2023, and
WHEREAS, the Tenant desires to extend the Lease Agreement, pursuant to Section A.,
thereof, for the rate set forth below for the period from May 31, 2023, to and until May 31, 2024,
according to the terms set forth herein and in the Lease Agreement.
NOW, THEREFORE, the Parties hereby amend the Lease Agreement as follows:
Amend the "TO HAVE AND TO HOLD" paragraph on Page 1 of the Lease Agreement
to read as follows:
TO HAVE AND TO HOLD the same with the appurtenances unto Tenant at and for a
rental of Two -Thousand Four -Hundred Ten and 20/100 Dollars ($2,410.20) per year or Two -
Hundred and 85/100 Dollars ($200.85) per month beginning May 31, 2023, and ending May 31,
2024, 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." The rental may be paid by Tenant to Landlord
monthly at the rate of $200.85 per month.
Page 1 of 2 Pages
Amend Paragraph A. on Page 2 of the Lease Agreement to read as follows:
Furthermore, the parties hereto agree as follows:
A. The term of this Lease Agreement shall be from the date of signature by both Parties
hereunder to and until May 31, 2024. Tenant has the option to renew this Lease
Agreement for one (1) additional year beginning June 1, 2024, to and until May 31, 2025,
for an annual rental rate of Two -Thousand Four -Hundred Eighty -Two and 51/100 Dollars
($2,482.51) or Two -Hundred Six and 87/100 Dollars ($206.87) per month. To exercise
this option, Tenant must inform Landlord in writing at the address listed above no later
than March 1, 2024.
All of the remaining provisions of the Lease Agreement, including the Exhibits thereto,
shall remain the same.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first written above.
LANDLORD:
ATTEST: dV(a1% v• Je'ok
Clerk to the Board
By:
Deputy Cl
COUNTY OF WELD, a political
subdivision of the STATE OF
COLORADO, by and through the Board of
County Commissioners of
the County of Weld
Mike Freeman, Chair
JUN 1 9 2023
NANT:
BRIX BRE Y, L
B
Page 2 of 2 Pages
. Jorgenson
anaging Member
°*20 -x/7?
EXHIBIT A
Contract Form
New Contract Request
Entity Information
Entity Name*
BRIX BREWERY LLC
Entity ID*
AO0045841
Contract Name.
PATIO SPACE LEASE AMENDMENT 12022-21 79)
Contract Status
CTB REVIEW
New Entity?
Contract ID
7085
Contract Lead
SGEESAMAN
Contract Lead Email
sgeesaman22co.weld.co.us;I
redfe rn ciwe l d gov. co rn
Contract Description*
AMENDMENT TO PATIO SPACE LEASE AGREEMENT AT 822 7TH STREET
Contract Description 2
Contract Type*
AMENDMENT
Amount.
$2,410.20
Renewable"
YES
Automatic Renewal
Grant
IGA
Parent Contract ID
Requires Board Approval
YES
Department Project #
Department Requested BOCC Agenda Due Date
BUILDINGS AND GROUNDS Date* 06 17'2023
06.'21;2023
Department Email
CM-
BuildingGroundsWweldgov.c
om
Department Head Email
GM-BuildingGrounds-
DeptHeado'weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEYSOWELDG
OV.COM
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
Review Date*
05'01x2024
Renewal Date*
06 03 2024
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Committed Delivery Date Expiration Date
Contact Type Contact Email Contact Phone i Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TOBY TAYLOR
DH Approved Date
06;14/2023
Final Approval,
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
06,'19!2023
Originator
SGEESAMAN
Finance Approver
CHRIS D'OVIDIO
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
06x14 2023 06;'14,2023
Tyler Ref It
AG 061923
RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR PATIO SPACE (822 7TH STREET, GREELEY)
AND AUTHORIZE CHAIR 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 June 1, 2022, and ending May 30,
2023, 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 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 be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of July, A.D., 2022, nunc pro tunc June 1, 2022.
BOARD OF COUNTY COMMISSIONERS
WELDDCOUNTY, COLORADO
ATTEST: dot/O�.
Weld County Clerk to the Board
County orney
Date of signature: ¶(73/22
Scff 'K. James, Chair
Miky.F respman, Pro-Te
cc: EG&T/S6)
/2z
2022-2179
BG0024
July 18, 2022
Conkvaci-0*-O5-0
FACILITIES DEPARTMENT
PHONE: (970) 400-2020
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
To: Board of County Commissioners
From: Toby Taylor
Subject: 822 7th Street Lease Agreement - Brix
Brix Brewery LLC has requested a lease of 1,300 SF of sidewalk space at the property located at 822 7th
Street, Greeley. The lease amount is for $2,340.00 per year or $195.00 per month from June 1, 2022 to
May 30, 2023. There is a renewal option for an additional one-year increment for $2,410.20.
The Facilities Department is recommending this lease agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2022-2179
scioul
LEASE AGREEMENT
Patio Space at 822 7th Street, Greeley, Colorado
THIS LEASE AGREEMENT is made and entered into this Z1"day of J LAIAJ
2022,
by and between the COUNTY OF WELD, a political subdivision of the STATE OF
COLORADO, 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 DBA 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 Three Hundred Forty Dollars ($2,340.00) per year or One -Hundred
Ninety -Five Dollars ($195.00) per month beginning June 1, 2022, and ending May 30, 2023,
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 Director of Facilities, Toby Taylor. 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
,20 02.2 _Al 79
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, 2023. Tenant has the option to renew this Lease for one (1) additional year
beginning June 1, 2023, to run to and until May 31, 2024, for an annual rental rate of Two
Thousand Four Hundred Ten dollars and Twenty Cents ($2,410.20) or Two Hundred Dollars and
Eighty -Five Cents ($200.85) per month. To exercise this option, Tenant must inform Landlord in
writing at the address listed above no later than March 1, 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.
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
ATTEST: didikl XiM'eik.
Clerk to the Board
By:
tt K. James, Chair
JUL 2 7 2022
TENANT:
BRIX BREWERY, LLC DBA TIGHTKNIT
BREWING COMPANY
lip . Jorgen
anaging Me
aoa.2-ai 79
EXHIBIT A
Contract Form
New Contract Request
Entity Information
Entity Name
BRIX BREWERY LLC
Entity ID"
0,20045841
New Entity?
Contract Name*
PATIO SPACE LEASE AGREEMENT
Contract Status
CTB REVIEW
Contract Description x
LEASE AGREEMENT FOR PATIO SPACE 822 7TH STREET
Contract Description 2
Contract Type
LEASE
Amount
62,340.00
Renewable'
YES
Automatic Renewal
Grant
IGA
Contract ID
6150
Contract Lead
SGEESAMAN
Contract Lead Email
sgeesaman,Lco.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Department Requested BOCC Agenda Due Date
BUILDINGS AND GROUNDS Date. 07;23: 2022
07:'27,+2022
Department Email
CM-
BuildingGrounds zweldgov.c
0111
Department Head Email
CM-BuildingGrounds-
DeptHeadAweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATT0 RNEY:AWELDG
DV.CO,M
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?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date
Review Date
05'01:2023
Renewal Date
06 01:2023
Termination Notice Period
Committed Delivery Date Expiration Date
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TO)BY TAYLOR
DH Approved Date
07/20:2022
Final Approval
10CC Approved
00CC Signed Date
00CC Agenda Date
07,27, 2022
Originator
SGEESAMAN
Finance Approver
CHRIS D O VIDIO
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
07;'21 2022 07 21:'2022
Tyler Ref #
AG 072722
Hello