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HomeMy WebLinkAbout20232784.tiffRESOLUTION RE: APPROVE AMENDMENT #1 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 #1 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 September 18, 2023, and ending January 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 #1 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. cc: 86(c*►/sc,) 12 /2I /23 2023-2784 PR0038 AMENDMENT #1 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 25th day of September, A.D., 2023, nunc pro tunc September 18, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY( Jiwii • jxJ tcu ; UL Deputy Clerk to the Board Coun y Attorney Date of signature: 01' Z Mik reeman, Chair Perry L. B • , ro-Tem ott K. James 2023-2784 PR0038 ConlvaCA-11-1395 September 5, 2023 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: Toby Taylor 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 September 17, 2023. The Public Defender has requested a lease extension from September 18, 2023, through January 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 2023. Sincerely, Toby Taylor Director 2023-2784 q/25 PIZCO3� 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 FIRST AMENDMENT TO LEASE The printed portions of this form, except bold additions, have been approved by the State of Colorado Attorney General THIS FIRST AMENDMENT TO LEASE, made and entered into this Z5'H'i day of September, 2023, for the purpose of amending that certain lease dated June 13, 2016, (the "Lease"), 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 7th 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 First Amendment to Lease, the Parties agree to amend the Lease to 1) extend the term of the Lease commencing September 18, 2023 through January 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 and this First 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: (D) TO HAVE AND TO HOLD the same, together with all appurtenances, unto Tenant, for the term beginning September 18, 2023 ("Commencement Date"), and ending January 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 09/18/23 - 01/31/24 $16.21 $0.00 $16.21 $24,845.88 $110,150.06 2. Article 27, ADDITIONAL PROVISIONS shall be amended by adding the following: (F) Tenant's Cabling. Tenant will remove its low voltage data cabling upon expiration of the Lease. (G) Landord Access for End -of -Term Refinish. Landlord and its contractors shall have, upon one (1) business day of prior notice to Tenant, the right to enter the Premises to make any and all inspections, repairs or alterations to the Premises that the Landlord deems necessary. Form —Amendment to Improved Real Property Lease Page 1 of 3 Rev. 1/2019 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 First Amendment such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. The provisions of the First Amendment to Lease, ii. The provisions of the main body of the Lease, Except as modified by the provisions of this First 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. 1/2019 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Lease agreement on the day and year first above written. LANDLORD: County of Weld By: TS), )` Authorized Signatory Mike Freeman BOCC Chair Date: Name (Print) Title (Print) SEP 2 5 2323 Forth —Amendment to Improved Real Property Lease Page 3 of 3 Rev. 112019 TENANT STATE OF COLORADO Jared S. Polis, Governor Office of tt,e State Public Defender By: Colorado State Public Defender CI 1.914/90;3 Entity Information Entity Name* Entity ID* OFFICE OF THE STATE PUBLIC @00028879 DEFENDER Contract Name * LEASE AGREEMENT EXTENSION 822 7TH STREET SUITE #300 Contract Status CTB REVIEW Q New Entity? Contract ID 7395 Contract Lead * SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;Iredfern@weldgov.com Contract Description * LEASE EXTENSION FOR 822 7TH STREET SUITE #300 MONTHLY RATE 24,845.88 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 Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 09/23/2023 09/27/2023 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 01/15/2024 Committed Delivery Date Renewal Date Expiration Date* 01/31/2024 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 TOBY TAYLOR CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/20/2023 09/20/2023 09/21/2023 Final Approval BOCC Approved Tyler Ref # AG 092523 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 09/25/2023 Hello