HomeMy WebLinkAbout20232615.tiffRESOLUTION
RE: APPROVE COMMERCIAL REAL ESTATE LEASE AGREEMENT FOR OFFICE SPACE
(810 9TH STREET, SUITES 150 AND 200, GREELEY) FOR CHILD WELFARE FAMILY
SUPPORT AND VISITATION CENTER (FSVC), AND AUTHORIZE CHAIR TO SIGN -
BUCKINGHAM GORDON, LLC
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 Commercial Real Estate Lease
Agreement for Office Space (810 9th Street, Suites 150 and 200, Greeley) for the Child Welfare
Family Support and Visitation Center (FSVC) between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department of
Human Services, and Buckingham Gordon, LLC, commencing November 1, 2023, and ending
October 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 Commercial Real Estate Lease Agreement for Office Space
(810 9th Street, Suites 150 and 200, Greeley) for the Child Welfare Family Support and Visitation
Center (FSVC) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Human Services, and
Buckingham Gordon, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 11th day of September, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d4a44) w
Weld County Clerk to the Board
1,0a i di --
Deputy Clerk to the Board
ED O FS:M
ounty A orney
Date of signature: C / M M 12 b2
Mi an, Chair
Perry L. Buc,i Pro-Tem
ine
cott K. James Re
Ross
cc : ll-1 S D, BG (TT/S&)
°9/a6 /23
2023-2615
HR0095
ab\Vck+ I1*131o3
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS AROUND TITLE: Buckingham Gordon LLC Commercial Real Estate Lease Agreement for the Family
Support and Visitation Center (FSVC)
DEPARTMENT: Human Services DATE: September 5, 2023
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue:
On July 26, 2023, the Department was notified that its current building lease for the Family Support and Visitation Center
(FSVC), located at 71011• Avenue, Suites 201 and 202, would be ending on October 31, 2023, and would not be renewed.
With the assistance of the current landlord, a new building, located at 810 9. Street, Suites 150 and 200, has been found
to relocate the FSVC to.
The Department is requesting to enter into a new Commercial Real Estate Lease agreement with Buckingham Gordon LLC
for FSVC building space. The major provisions of this lease agreement are:
• Location of office space will be at 810 9• Street, Suites 150 and 200, consisting of 6,644 total square feet.
Parking will consist of three (3) onsite spaces free of charge and five (5) additional parking permits at the cost of
$75.00/quarter per permit.
Term: November 1, 2023, through October 31, 2025, with the option to extend annually thereafter.
Monthly base rent:
Period 11/1/2023-10/31/2024 = $7,725.00
Period 11/1/2024-10/31/2025 = $7,995.00
What options exist for the Board?
Approval of the Lease Agreement.
Denial of the Lease Agreement.
Consequences: No lease will be initiated.
Impacts: The FSVC will need to find a new building and relocate by the current lease end date of
October 31, 2023.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Total cost for base rent (Initial Lease term for two years) _ $188,640.00
Funded through County Administration.
Recommendation:
• Approval of the Lease Agreement and authorize the Chair to sign.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro -Tern
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Pass -Around Memorandum; September 5, 2023 - CMS ID TBD
2023-2615
qA1 1-1etu15
COMMERCIAL REAL ESTATE LEASE
This Commercial Real Estate Lease ("Lease") is made and entered into this 1 , day of
SepkelbeY2023, by and between BUCKINGHAM GORDON LLC, a Colorado limited liability company (the
"Landlord"), and BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO, BY AND ON BEHALF
OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES (the "Tenant"). The term "Parties" shall refer
collectively to the Landlord and Tenant and the term "Party" shall refer to them individually as the context
allows.
Witnesseth:
In consideration of the covenants, terms, conditions, agreements, and payments as hereinafter
set forth, the Parties hereto covenant and agree as follows:
1. PROPERTY - LEASED PREMISES. Landlord hereby leases unto Tenant the following described
premises of that certain building located at 810 9th Street, Greeley, Colorado (the "Leased
Premises"):
Suite 150, comprising a portion of the main floor of the building and consisting of
approximately 667 square feet, as shown on the space plan attached hereto as Schedule
2(a); and
Suite 200, comprising all of the 2nd floor of the building and consisting of approximately
5,977 square feet, as shown on the space plan attached hereto as Schedule 2(b).
The building, of which the Leased Premises is a part, together with the adjoining areas and other
appurtenances thereto, and the real property on which the same is situated, is herein referred to
as the "Building Complex".
2. TERM. This Lease shall commence on November 1, 2023 ("Lease Commencement Date") and shall
expire on October 31, 2025 ("Lease Expiration Date") for the Initial Lease Term. "Initial Lease
Term" shall mean the twenty-four (24) month period between the Lease Commencement Date
and the Lease Expiration Date. Tenant may extend this Lease beyond the Initial Lease Term by
exercise of options pursuant paragraph 34 herein.
3. BASE RENT; ADDITIONAL RENT.
(a) Tenant shall pay to Landlord, at the address of Landlord as herein set forth, or to such
other persons or at such other places in the United States as directed from time to time
by notice to Tenant from Landlord, base rent ("Base Rent") during the Initial Lease Term
of One Hundred Eighty -Eight Thousand Six Hundred Forty & no/100 Dollars ($188,640.00),
in monthly installments as follows:
1
Period
Suite 150
Mo. Base Rent
11/1/2023-10/31/2024 $1,001.00
11/1/2024-10/31/2025 1,036.00
Suite 200
Mo. Base Rent
$6,724.00
6,959.00
Total Mo.
Base Rent
$7,725.00
$7,995.00
Each monthly installment of Base Rent shall be payable in advance, in currency of the
United States, promptly on the first day of every calendar month during the term of this
Lease.
(b) Additional Rent. In addition to Base Rent, Tenant shall pay to Landlord such other charges
as may be specifically set forth in this Lease, such other charges or sums being deemed
"Additional Rent". Base Rent and Additional Rent shall be sometimes referred to, either
individually or collectively, as "Rent" or "rent".
(c) Tenant's Share of Utility Charges. From and after the Lease Commencement Date, within
thirty (30) days after receipt of Landlord's written invoice, Tenant shall pay, as Additional
Rent, its estimated share of the costs for electricity, natural gas, water, sewer, and storm
drainage furnished to or consumed by the Building Complex ("Tenant's Share of Utility
Charges"). Tenant's Share of Utility Charges is hereby agreed to be forty nine percent
(49%). Tenant may be billed for Tenant's Share of Utility Charges after the expiration or
termination of this Lease or termination of Tenant's right to possession of the Leased
Premises, and Tenant's obligation to pay such sums shall survive the expiration or
termination of this Lease or termination of Tenant's right to possession of the Leased
Premises. Tenant shall have the right to audit Landlord's books and records relating to
the charges incurred by the Building Complex for electricity, natural gas, water, sewer,
and storm drainage for a period of three (3) months following its receipt of any invoice
therefor, and if such charges were overstated by more than 5% shall be entitled to a
refund for the overpayment.
(d) Tenant's Share of Insurance Costs. From and after the Lease Commencement Date, within
thirty (30) days after receipt of Landlord's written invoice, Tenant shall pay, as Additional
Rent, its estimated share of the cost of insurance supplied by Landlord as set forth in
paragraph 15 herein ("Tenant's Share of Insurance Costs"). Tenant's Share of Insurance
Costs is hereby agreed to be forty nine percent (49%). Tenant may be billed for Tenant's
Share of Insurance Costs after the expiration or termination of this Lease or termination
of Tenant's right to possession of the Leased Premises, and Tenant's obligation to pay
such sums shall survive the expiration or termination of this Lease or termination of
Tenant's right to possession of the Leased Premises. Tenant shall have the right to audit
Landlord's books and records relating to the cost of insurance supplied by Landlord for a
period of three (3) months following its receipt of any invoice therefor, and if such charges
were overstated by more than 5% shall be entitled to a refund for the overpayment.
(e) Tenant's Share of Operating Costs for Real Estate Taxes. Tenant shall pay its
proportionate share of excess operating costs for real estate taxes, as Additional Rent, as
follows:
2
i. Definitions.
(a) "Tenant's Proportionate Share" is hereby agreed to be forty nine percent
(49%).
(b) "Operating Costs for Real Estate Taxes" is the total of all real estate taxes
and assessments imposed upon the Building Complex by any
governmental bodies or authorities, and also including the amount of real
estate taxes and assessments that would otherwise be imposed upon the
Building Complex absent the effect of C.R.S. 539-3-124 (exempting real
property leased by the State of Colorado from the levy and collection of
property taxes), computed on an accrual basis.
(c) "Excess Operating Costs for Real Estate Taxes", for any calendar year, is
the difference between the Operating Costs for Real Estate Taxes for that
year and the Operating Costs for Real Estate Taxes for calendar year 2023.
ii. Payment of Actual Excess Operating Costs for Real Estate Taxes. After each
calendar year during the term of this Lease, Landlord shall compute Tenant's
Proportionate Share of Excess Operating Costs for Real Estate Taxes for that year
(prorated for any partial year lease term falling within that year) and shall issue
Tenant an invoice for any charges due from Tenant, which Tenant shall pay within
thirty (30) days of receipt thereof.
iii. Estimating Excess Operating Costs for Real Estate Taxes at End of Lease Term. At
the end of the term of this Lease, Landlord shall compute its estimate of Tenant's
Proportionate Share of Excess Operating Costs for Real Estate Taxes for the
current calendar year (prorated for the lease term falling within that year) and
shall issue Tenant an invoice for any charges due from Tenant, which Tenant shall
pay within thirty (30) days of receipt thereof.
iv. Tenant may be billed for Tenant's Proportionate Share of Excess Operating Costs
for Real Estate Taxes after the expiration or termination of this Lease or
termination of Tenant's right to possession of the Leased Premises, and Tenant's
obligation to pay such sums shall survive the expiration or termination of this
Lease or termination of Tenant's right to possession of the Leased Premises.
Tenant shall have the right to audit Landlord's books and records relating to
Operating Costs for Real Estate Taxes for a period of one (1) year following any
actual or estimated Excess Operating Costs assessment, and if such Excess
Operating Costs were overstated by more than 5% shall be entitled to a refund
for the overpayment.
Late Charges. Tenant shall pay Landlord a late charge equal to the greater of Fifty Dollars
($50.00) or five percent (5%) of the past due rent payment not paid within ten (10) days
after the date it is due. In addition to any and all other remedies hereunder, Landlord
shall be entitled to collect interest from Tenant on all rent at the rate of eighteen percent
(18%) per annum from the tenth (10th) day after the due date therefor until received by
Landlord.
3
4. SECURITY DEPOSIT. Not applicable.
5. ACCEPTANCE OF LEASED PREMISES AND POSSESSION.
(a) Condition of Premises. Tenant acknowledges that Tenant has had an opportunity to
conduct a thorough and diligent inspection and investigation of the Leased Premises, the
Common Areas, the roof, and the existing heating, air conditioning, lighting and electrical
systems serving the Leased Premises and the Common Areas. Tenant accepts the Leased
Premises, and the rest of the Building Complex, from Landlord in "as -is where -is, with all
faults" condition as of the date of this Lease, as being adequate in the present condition,
including, without limitation, the existing heating, air conditioning, lighting and electrical
systems serving the Leased Premises, and the existing doors, windows, walls, ceilings,
window and floor coverings, and other improvements, situated in or about the Leased
Premises. Subject to Landlord's representations to Tenant as set forth herein (to include
Landlord's maintenance and repair obligations as described below), Landlord shall not be
obligated to undertake any repair, alteration, remodel, improvement, painting or
decorating of the Leased Premises. Landlord has not made any representation or
warranty, express or implied, with respect to the condition of the Leased Premises,
Common Areas, or Building Complex or with respect to the suitability, fitness or capacity
of any of the foregoing for the conduct of Tenant's permitted use or for any other
purpose. Subject to the foregoing, by accepting delivery of the Leased Premises, Tenant
shall be deemed to have accepted the same as suitable for the purpose herein intended,
and to have acknowledged that the condition of the Leased Premises complies with
Landlord's obligations for delivery of the Leased Premises as provided in this Section.
(b) Deemed Occupancy. Tenant shall be deemed to occupy the Premises from and after the
Lease Commencement Date, regardless of whether Tenant actually physically occupies
any portion of the Leased Premises.
6. USE OF LEASED PREMISES.
(a) Permitted Use. Tenant covenants to use the Leased Premises as a Family Support and
Visitation Center in support of Tenant's human services mission, subject to and in
accordance with all applicable zoning and other governmental regulations. Tenant shall
conform to all present and future laws and ordinances of any governmental authority
having jurisdiction over the Leased Premises. Tenant shall not cause any accumulation of
trash or debris on the Leased Premises or any other portion of the Building Complex.
Tenant shall not commit or suffer any waste on the Leased Premises nor shall Tenant
permit any nuisance to be maintained on the Leased Premises or permit any disorderly
conduct, or other activity which would reasonably tend to annoy or disturb any occupants
of any part of the Building Complex. Tenant will not materially interfere with the conduct
of the business of the other tenants at the Building Complex. Tenant agrees to cease any
activity which amounts to a breach of this paragraph immediately upon receipt of written
notice from Landlord.
4
(b) Hazardous Substances. Neither Tenant, nor any of Tenant's agents, contractors,
employees, licensees or invitees shall at any time handle, use, manufacture, store or
dispose of in or about the Leased Premises any flammables, combustibles, explosives,
radioactive materials, hazardous materials, toxic materials, or other similar substances,
except limited quantities of such substances which are used or stored in full compliance
with all applicable federal, state and local laws, ordinances, rules and regulations, relating
to the protection of the environment or the keeping, use or disposition of
environmentally hazardous materials, substances, or wastes, presently in effect or
hereafter adopted, and then only if (i) used or stored in connection with general office
purposes (that is, for example, white out correction fluid and photocopy toner) and (ii)
such use or storage does not expose all or any part of the Leased Premises, any part of
the Building Complex, or any property adjacent to the Building Complex to any meaningful
risk of contamination or damage or expose Landlord and mortgagee of Landlord to any
liability therefor.
(c) Liens. Tenant agrees to keep the Leased Premises free from liens arising out of any work
performed, materials furnished, or obligations incurred by or for Tenant. If requested by
Landlord, Tenant shall post a bond or other security reasonably satisfactory to Landlord
to protect Landlord and the Leased Premises against such liens. If, at any time, a lien or
encumbrance is filed against the Leased Premises, as a result of Tenant's work, materials
or obligations, Tenant shall promptly discharge such lien or encumbrance. If such lien or
encumbrance has not been removed within thirty (30) days from the date it is filed,
Tenant agrees to post a bond in at least the amount prescribed by applicable Colorado
statute then in effect as security for the lien being discharged. Landlord shall have the
right to post or keep posted on the Leased Premised, or in the immediate vicinity thereof,
notices of non responsibility for any construction, alteration, or repair of the Leased
Premises by Tenant.
7. COMMON AREAS. "Common Areas" shall mean those designated areas of the Building Complex
which Tenant shall have the non-exclusive right to use, in common with the other tenants of the
Building Complex, and include driveways, parking areas, sidewalks, loading areas, building
entrances, lobbies, hallways, common rooms, main elevators, public and fire stairways, and
lavatories. Tenant's use of the Common Areas is subject to the terms and conditions of this Lease
and is limited to such use necessary for Tenant to obtain use and enjoyment of the Leased
Premises for the permitted purpose specified herein. Common Areas shall be at all times subject
to the exclusive control and management of Landlord. Landlord shall have the right to change
from time to time on a reasonable basis the area, location and arrangement of the Common
Areas.
8. SIGNAGE. Tenant shall be allowed signage which shall comply with Landlord's standard signage
criteria for the exterior of the building, main lobby building directory, floor directories, and suite
entrance locations. Tenant should submit all signage requests and/or signage changes in writing
to Landlord. The request will be reviewed for compliance with building standards as well as
conformance with individual lease criteria. All approved signs or lettering on directories and suite
entrance locations shall be printed, painted, affixed, or inscribed by a vendor approved by
Landlord at the expense of Tenant (Landlord shall provide a quote for the cost of requested
signage for Tenant approval prior to implementation). All signage is subject to all applicable codes
and ordinances at Tenant's risk and expense.
5
9. TELECOMMUNICATIONS. Tenant shall arrange with other providers for the furnishing and
payment of all telecommunication services required by Tenant; any improvements required in
support thereof shall be accomplished pursuant to all applicable codes and ordinances and to
Landlord's requirements. Tenant is responsible for installing, repairing, and maintaining all
telephone and computer/data wiring in the Leased Premises and for all wiring run from the Leased
Premises to Tenant's telephone panel or terminal equipment if located outside the Leased
Premises. Landlord owns all wiring, whether installed by Tenant or not, between Tenant's
individual jacks and the main telephone panel or terminal equipment. Tenant agrees to leave all
telephone and computer/data wiring and jacks in place upon vacating the Leased Premises.
Landlord shall not be liable for any interruption in Tenant's telephone or computer/data services.
Landlord makes no representations or warranties that any of the wiring, or any other aspects, of
the Building Complex are sufficient to meet Tenant's particular telecommunication requirements.
Tenant agrees not to take any action that would damage the public telecommunication network
at the Building Complex.
10. BUILDING SERVICES PROVIDED BY LANDLORD. Landlord shall furnish to the Leased Premises and
Common Areas:
(a) Heating and Air Conditioning. Heating and air conditioning, delivered through equipment
supplied by Landlord, to provide, in Landlord's judgment, for the comfortable use of the
Leased Premises and Common Areas seven days a week.
(b) Utilities. Electric power for lighting and other purposes, water and sewer shall be
provided seven days a week.
(c) Maintenance and Repair. Landlord agrees to maintain and repair the heating, air
conditioning, lighting and electrical systems serving the Leased Premises and Common
Areas, if such systems are supplied by Landlord. Landlord agrees to maintain the exterior
of the Building Complex to include lawn and shrub care and snow removal. Landlord
agrees to maintain foundations, structures, roofs, and latent defects of the Building
Complex, excluding those items specifically excepted elsewhere in this Lease.
(d) Building Services. The services described above shall be collectively referred to as
"Building Services".
(e) Excess Usage of Building Services. Tenant shall immediately notify Landlord in the event
Tenant requires after-hours heating, air conditioning, or electric power, or has unusual
needs that cause Tenant's utilization of the Building Services to exceed that required for
general office purposes. After-hours shall be defined as Monday through Saturday before
8 a.m. or after 6 p.m., Sundays before 8 a.m. or after 1 p.m., and throughout the day on
holidays. Landlord shall equitably estimate the cost for such excess usage and the cost
thereof shall be payable by Tenant as Additional Rent within ten (10) days of receipt of an
invoice from Landlord. If Tenant fails to give Landlord notice of Tenant's excess usage of
any Building Services, Landlord may back -charge Tenant for an equitable amount to
compensate Landlord for such excess usage.
6
(f)
Interruption of Building Services. Landlord does not warrant that any of the Building
Services will be free from interruption to the extent that such interruption is beyond the
reasonable control of Landlord, or the result of an emergency. Upon reasonable advance
notice to Tenant, except in the case of an emergency, any Building Service may be
suspended or limited by reason of accident or of necessary repairs, alterations, or
improvements, or by strikes or lockouts, or by reason of operation of law, or causes
beyond the reasonable control of Landlord. Any such interruption or discontinuance of
such Building Services shall not be deemed a disturbance of Tenant's use and possession
of the Leased Premises, or render Landlord liable to Tenant for damages, abatement of
Rent or otherwise, or relieve Tenant from performance of Tenant's obligations under this
Lease. However, Landlord shall use its best efforts to maintain the Building Services and
cause the Building Services to be restored promptly when interrupted.
11. MAINTENANCE AND REPAIRS BY TENANT. Subject to Landlord's representations to Tenant as set
forth herein, Tenant shall perform all maintenance and repairs necessary to maintain the Leased
Premises in good operating condition and repair. Tenant shall maintain and keep in their current
condition, reasonable wear and tear excepted, the wall & door finishes, window coverings, carpet
or other flooring, and other improvements, situated in or about the Leased Premises. If Tenant
fails to maintain or keep the Leased Premises in good repair and such failure continues for ten
(10) days after receipt of written notice from Landlord, or if such failure results in a nuisance or
health or safety risk, Landlord may perform any such required maintenance and repairs and the
cost thereof shall be payable by Tenant as Additional Rent within ten (10) days of receipt of an
invoice from Landlord. Tenant shall also pay to Landlord the costs of any repair to the Leased
Premises or Building Complex necessitated by any act or neglect of Tenant.
Notwithstanding any other provisions contained herein, Tenant shall be responsible for and
timely pay, either directly to the provider, or as reimbursement to Landlord as Additional Rent,
the following expenses in connection with the operation and maintenance of the Leased
Premises:
(a) Cost of janitorial services, pest control services, and glass and window cleaning.
(b) Cost of lighting fixture ballast or bulb replacement.
(c) Costs related to the servicing and maintenance of any security and fire alarm systems and
fire extinguishers.
(d) Costs related to the servicing and maintenance of any improvements installed by Tenant.
(e) Cost of all insurance required to be supplied by Tenant as set forth below.
12. ALTERATIONS AND IMPROVEMENTS BY TENANT. As described in the attached Schedule 3
("Tenant's Work"), Schedule 3(a) ("Alterations by Tenant to Suite 150 Space Plan"), and Schedule
3(b) ("Alterations by Tenant to Suite 200 Space Plan"), Tenant shall complete certain alterations
or improvements to make the Leased Premises ready for Tenant's use and occupancy. Tenant
shall not make any other alterations, additions, or improvements to the Leased Premises without
the prior written consent of Landlord.
7
13. RE-ENTRY AND ALTERATIONS BY LANDLORD. Tenant covenants and agrees to permit Landlord at
any time to enter the Leased Premises to examine and inspect the same or, if Landlord so elects,
to perform any obligations of Tenant hereunder which Tenant shall fail to perform or to perform
such cleaning, maintenance, janitorial services, repairs, additions, or alterations as Landlord may
deem necessary or proper for the safety, improvement, or preservation of the Leased Premises
or of other portions of the Building Complex or as may be required by governmental authorities
through any code, rule, regulation, ordinance, and/or law. Landlord reserves and shall at all
reasonable times, upon one (1) full business day prior notice, and subject to Tenant's reasonable
security precautions and the right of Tenant to accompany Landlord at all times, have the right to
enter the Leased Premises to show the Leased Premises to prospective purchasers, mortgagees
or prospective tenants (as to prospective tenants, only during the last three (3) months of the
lease term). Any such re-entry shall not constitute an eviction or entitle Tenant to abatement of
rent. Furthermore, Landlord reserves the right at any time to make alterations or additions to the
Building Complex, or any portion thereof. Landlord also reserves the right to construct other
improvements in the immediate area in which the Leased Premises are located and to make
alterations or additions thereto, all as Landlord shall determine provided that such alterations
and/or additions do not unduly interfere with Tenant's use of the Leased Premises.
14. RULES AND REGULATIONS. Tenant agrees to observe, perform, and abide by all the rules and
regulations promulgated by Landlord from time to time on a reasonable basis for the safety, care,
cleanliness and preservation of good order of the Building Complex. Schedule 1 attached hereto
sets forth Landlord's Rules and Regulations in effect on the date hereof.
15. INSURANCE — RESPONSIBILITY OF LANDLORD. Landlord may, at its election, obtain a policy or
policies of insurance providing all risk insurance covering loss of or damage to the Leased Premises
in an amount, and with such exclusions, endorsements, and deductibles, as Landlord determines
from time to time. Landlord will have the right to obtain flood, earthquake, and such other
insurance as Landlord determines from time to time or is required by any mortgagee of the Leased
Premises. Landlord will not insure Tenant's fixtures or equipment or building improvements
installed or paid by Tenant. Landlord may obtain commercial general liability insurance in an
amount and with coverage determined by Landlord insuring Landlord against liability with respect
to the Leased Premises. The policy obtained by Landlord will not provide primary insurance, will
not be contributory and will be excess over any liability insurance maintained by Tenant. Any
increase in the cost of Landlord's insurance due to Tenant's use or activities at the Leased
Premises will be paid by Tenant to Landlord as Additional Rent. At Landlord's option, Landlord
may self -insure all or any portion of the risks for which Landlord elects to provide insurance
hereunder.
16. INSURANCE — RESPONSIBILITY OF TENANT. Tenant agrees to carry and maintain, for the mutual
benefit of Landlord and Tenant, during the term of this Lease and any extension hereof,
comprehensive general public liability insurance, including coverage for bodily injury, property
damage, personal injury (employee and contractual liability exclusions deleted), owners'
protective liability, and broad form property damage coverage in an amount of One Million &
No/100 Dollars ($1,000,000.00) single limit coverage. Tenant agrees to carry and maintain, for
the mutual benefit of Landlord and Tenant, during the term of this Lease and any extension
hereof, adequate worker's compensation insurance. Tenant's general public liability insurance
and worker's compensation insurance shall be procured from a responsible insurance company
or companies authorized to do business in Colorado and otherwise reasonably satisfactory to
8
Landlord, shall name Landlord as an additional insured and, upon request, shall also name any
mortgagee of Landlord as an additional insured or shall contain a standard, non-contributory
mortgagees' endorsement. Upon commencement of this Lease and thereafter upon fifteen (15)
days' notice of demand therefor, Tenant shall provide Landlord with proof of insurance coverage
as required herein. If Tenant does not provide the required proof of insurance Landlord, without
being obligated to inquire further whether there is insurance in effect, may obtain such insurance
policies as are required hereunder and may recover the cost from Tenant as Additional Rent. To
the extent permitted under Colorado law, Tenant agrees to pay for all damage to the Building
Complex, and to tenants or occupants thereof, arising from the negligence or intentional acts of
Tenant, its agents, contractors, employees or invitees.
17. WAIVER OF SUBROGATION. Landlord and Tenant hereby waive any and all rights of recovery
against the other, their officers, agents, and employees for damage to real or personal property
occurring as a result of the use or occupancy of the Leased Premises, or any other part of the
Building Complex, to the extent that their respective insurance coverages cover such loss or claim.
Landlord and Tenant each agree that all policies of insurance obtained by them pursuant to the
provisions of this Lease shall contain endorsements or provisions waiving the insurer's rights of
subrogation with respect to claims against the other.
18. WAIVER. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of
damage to property in, upon or about the Leased Premises or the Building Complex from any
source and to whomever belonging, and Tenant hereby waives all claims in respect thereof
against Landlord, except to the extent such damage is caused by Landlord's negligence or willful
misconduct. The foregoing waiver shall inure only to the benefit of Landlord and its agents, and
the exception to such waiver for Landlord's negligence or willful misconduct shall inure only to
the benefit of Tenant and its agents and to no other party.
19. LIMITATION OF LANDLORD'S LIABILITY. The obligations of Landlord under this Lease do not
constitute personal obligations of the individual managers, members, partners, shareholders,
directors, officers, agents, or employees of Landlord. Tenant will not seek recourse against the
individual managers, members, partners, shareholders, directors, officers, agents, or employees
of Landlord or any of their personal assets for such satisfaction.
20. CASUALTY AND UNTENANTABILITY.
(a) Termination by Landlord. If the Building Complex 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, or the Leased Premises are made wholly or partially
untenantable by fire or other casualty, Landlord may, by notice to Tenant within thirty
(30) days after the damage, terminate this Lease, and Rent shall be abated from the time
the fire or other casualty occurred.
(b) Restoration of Premises. If the Leased Premises are made partially or wholly
untenantable by fire or other casualty and this Lease is not terminated as provided above,
Landlord shall restore the Leased Premises to the condition immediately prior to such
casualty; excluding Tenant's personal property, equipment, or trade fixtures.
9
(c) Termination by Tenant. If Landlord does not terminate this Lease as provided above, and
Landlord fails within three (3) months after the date of such casualty to restore the
damaged Common Areas or the Leased 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 three (3) month period. If Landlord determines that it will be unable to
restore such damaged areas within such three (3) month 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 time for Landlord to restore such damaged areas shall be extended to be the
date set forth in Landlord's Extension Notice or amended Extension Notice as the case
may be.
(d) Rent Prorations. In the event of termination of this Lease as set forth hereinabove, Rent
shall be prorated on a per diem basis and paid to the date of the casualty, unless the
Leased Premises shall be tenantable, in which case Rent shall be payable to the date of
the lease termination, and if only partly tenantable, Rent shall be partially abated in
accordance with the part which is untenantable. If this Lease is not terminated and the
Leased Premises are wholly untenantable, Rent shall abate on a per diem basis from the
date of the casualty until the Leased Premises are ready for occupancy by Tenant. If this
Lease is not terminated and the Leased Premises are partly tenantable, Rent shall be
prorated on a per diem basis and partially abated in accordance with the part of the
Leased Premises which is usable by Tenant until the damaged part is ready for Tenant's
occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an
act or omission of Tenant, its agents, employees, contractors, licensees, or invitees, then,
in such event, Tenant agrees that Rent shall not abate or be diminished during the term
of this Lease.
21. CONDEMNATION.
(a) If, during the term of this Lease, all or a substantial part of the Leased Premises should be
taken for any public or quasi -public use under any governmental law, ordinance or
regulation or by right of eminent domain, or shall be sold to the condemning authority
under threat of condemnation, this Lease shall terminate and the rent shall be abated
during the unexpired portion of this Lease, effective as of the date of taking of said Leased
Premises by the condemning authority.
(b) Landlord and Tenant shall each be entitled to receive and retain such separate awards
and portions of lump sum awards as may be allocated to their respective interests in any
condemnation proceedings. The termination of this Lease shall not affect the rights of the
respective Parties to such awards.
10
(c) If any part of the parking area should be taken as aforesaid, this Lease shall not terminate,
except that Tenant may terminate this Lease if the parking area remaining following such
taking shall be less than thirty (30%) of the parking area immediately prior to such taking.
22. ESTOPPEL CERTIFICATE. At any time and from time to time, upon not less than fifteen (15) days'
prior written request by Landlord, Tenant shall execute, acknowledge and deliver to Landlord, or
any third party designated by Landlord, an estoppel certificate upon the form requested by
Landlord certifying that this Lease is unmodified and in full force and effect (or if there have been
modifications, that it is in full force and effect as modified, and stating the modification), that
there have been no defaults hereunder by Landlord or Tenant (or if there have been defaults,
setting forth the nature thereof), the date to which the rent and other charges have been paid in
advance, if any, and such other matters as are reasonably requested by Landlord. Tenant's failure
to deliver such certificate within such time shall be deemed to be a sworn certificate by Tenant
that this Lease is unmodified and in full force and effect, that Landlord is not in default hereunder,
and that no more than one (1) month's rent has been paid in advance.
23. SUBORDINATION AND ATTORNMENT. This Lease and Tenant's rights hereunder are hereby made
expressly subordinate to the lien of any mortgage or deed of trust and to the lien of any ground
lease, together with any conditions, renewals, extensions or replacements thereof ("Superior
Instruments"), now or hereafter placed, charged or enforced against any interest of Landlord in
this Lease, in the leasehold estate thereby created or in the Leased Premises or the Building
Complex, together with any improvements included therein. If requested in writing by Landlord
or any mortgagee, beneficiary or ground lessor of Landlord, Tenant agrees to execute a
subordination agreement required to confirm the effect of the provisions of this paragraph. So
long as Tenant is not in default under this Lease, the rights of Tenant hereunder shall not be
disturbed by reason of the terms of any Superior Instrument. If Tenant fails to execute and deliver
any such documents or instruments within ten (10) days following request therefor by Landlord,
Tenant irrevocably constitutes and appoints Landlord as Tenant's special attorney in fact to
execute and deliver any such documents or instruments.
24. TENANT DEFAULT. The happening of any one or more of the following events shall constitute an
"event of default":
(a) Tenant shall fail to pay any installment of Base Rent or Additional Rent within ten (10)
days after the due date thereof.
(b) Tenant shall fail to perform any of the agreements, terms, covenants or conditions hereof
on Tenant's part to be performed.
(c) This Lease or the estate of Tenant hereunder shall be transferred to or shall pass to or
devolve upon any other person or party except in the manner herein provided.
(d) This Lease or the Leased Premises or any part thereof shall be taken upon execution or
by other process of law directed against Tenant or shall be taken upon or subject to any
attachment at the instance of any creditor of or claimant against Tenant, and said
attachment shall not be discharged or disposed of within thirty (30) days after the levy
thereof.
11
(e) Tenant shall file a petition in bankruptcy or insolvency or for reorganization arrangement
under the bankruptcy laws of the United States or under any insolvency act of any state
or shall voluntarily take advantage of any such law or act by answer or otherwise, or shall
die, be adjudicated incompetent, be dissolved or make an assignment for the benefit of
creditors.
(f) Involuntary proceedings under any such bankruptcy law or insolvency act or to the
guardianship of Tenant shall be instituted against Tenant, or a receiver trustee of all or
substantially all of the property of Tenant shall be appointed, and such proceeding shall
not be dismissed or such receivership, trusteeship or guardianship vacated within sixty
(60) days after such institution or appointment.
(g) If Tenant shall abandon the Leased Premises. Abandonment shall be presumed if Tenant
or its agent fails to respond within ten (10) days to any written notice posted upon the
Leased Premises during normal business hours requesting that Tenant contact Landlord.
25. REMEDIES FOR DEFAULT.
(a) Upon the happening of any event of default as hereinabove described, and after the
expiration of any grace period of not less than ten (10) days written notice specifying the
default and the required cure or such longer time as specified therein, then Landlord shall
have the right, at its election, then or at any time thereafter and while any such event of
default shall continue, either to re-enter the Leased Premises without terminating this
Lease and relet the same upon such terms as Landlord deems appropriate; or, then or at
a later time, to give Tenant written notice of intention to terminate this Lease on the date
of giving notice or on any later date specified therein, whereupon Tenant's right to
possession of the Leased Premises shall cease and this Lease shall be terminated, except
as to Tenant's liability, as if the expiration of the term fixed in such notice were the end
of the term herein originally demised. If Landlord evicts Tenant and acquires possession
of the Leased Premises through the court, such proceeding shall not, of itself, work a
termination of this Lease unless Landlord gives Tenant an express notice of its intent to
terminate this Lease.
(b) If Tenant abandons the Leased Premises or if this Lease is terminated due to Tenant's
default or if not terminated but Landlord has exercised its right of re-entry hereunder,
Tenant shall remain liable to Landlord for damages in an amount equal to the rent and
other sums which would have been owed by Tenant hereunder for the balance of the
term (whether or not this Lease has been terminated), less the net proceeds, if any, of
any reletting of the Leased Premises by Landlord subsequent to such termination or
abandonment, after deducting all Landlord's expenses in connection with such reletting,
including, but without limitation, lease commissions, lease concessions, advertising,
tenant finish and legal fees. Landlord shall be entitled to collect such damages from
Tenant monthly on the days on which the rent and other amounts would have been
payable hereunder if this Lease had not been terminated or such re-entry had not taken
place, and Landlord shall be entitled to receive the same from Tenant on each such day.
Alternatively, at the option of Landlord, in the event that this Lease is terminated or if not
terminated but Landlord has exercised its right of re-entry hereunder, the remaining sums
owed by Tenant may be accelerated, and Landlord shall be entitled to recover forthwith
12
against Tenant, as damages for the loss of the bargain and not as a penalty, an aggregate
sum equal to the rent and all other sums payable by Tenant hereunder which would have
accrued for the balance of the term.
(c) No failure by either Party to insist upon the strict performance of any agreement, term,
covenant, or condition hereof or to exercise any right or remedy consequent upon a
breach thereof, and no acceptance by Landlord of full or partial rent during the
continuance of any such breach, shall constitute a waiver of any such breach or any such
agreement, term, covenant, or condition. No agreement, term, covenant, or condition
hereof to be performed or complied with by Landlord or Tenant, and no breach thereof,
shall be waived, altered or modified except by written and signed instrument. No waiver
of any breach shall affect or alter this Lease; but each and every agreement, term,
covenant and condition hereof shall continue in full force and effect with respect to any
other then existing or subsequent breach. Notwithstanding any termination of this Lease,
the same shall continue in force and effect as to any provisions hereof which require
observance or performance by Landlord or Tenant subsequent to termination.
26. DEFAULT OF LANDLORD. In the event of any alleged default on the part of Landlord hereunder,
Tenant shall give written notice to Landlord, and any mortgagee whose name and address have
been supplied to Tenant, in the manner herein set forth and shall afford Landlord and such
mortgagee a reasonable opportunity to cure any such default.
27. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or any interest herein, or
sublet all or part of the Leased Premises, without the prior written consent of Landlord. No
assignment or subletting shall relieve Tenant of liability under this Lease as primary obligor and
not as surety or guarantor.
28. CONSENTS AND APPROVALS. Whenever the consent or approval of Landlord is required under
any provision of this Lease, and Landlord withholds such consent or approval, Landlord shall notify
Tenant in writing, which notice shall state the reasons therefor.
29. NOTICE PROCEDURE. Any notices or communications required or permitted to be given by this
Lease shall be in writing, and (a) personally delivered by hand to the Party to whom such notice
or communication is directed; or (b) mailed by prepaid certified mail, return receipt requested, or
transmitted by electronic mail transmission, to the mailing address or electronic (email) address
of such Party as follows:
To Landlord:
Buckingham Gordon LLC
Attn: Ty Notestine
P.O. Box 535, Greeley, CO 80632
email: ty@thomasandtyler.com
To Tenant:
Weld County Family Support and Visitation Center
Attn: Robin Overmyer
810 9th Street, Suite 200, Greeley, CO 80631
email: overmyrs@weldgov.com
13
Any such notice or communication shall be deemed to have been given: (a) if by hand delivery,
upon receipt thereof; (b) if mailed, three (3) days after deposit in the United States mail, postage
prepaid, certified mail return receipt requested; or (c) if by electronic mail transmission, the day
such notice or communication is sent electronically, provided that the sender has received a
confirmation of such electronic transmission. A Party may, for purposes of this Lease, change its
address, electronic (email) address, or the person to whom a notice or other communication is
marked to the attention of, by giving notice of such change to the other Party in the manner
herein provided.
30. TENANT PARKING.
(a) At no additional cost to Tenant, Landlord hereby grants to Tenant a license to the use of
three (3) onsite parking spaces located on the south side of the Building Complex. Tenant,
its agents, contractors, employees and invitees agree to obey and abide by all rules and
regulations as established, modified, or amended from time to time by Landlord for the
safety, protection, cleanliness, preservation of order and for other purposes in connection
with such onsite parking spaces. Landlord shall not be responsible to Tenant, its agents,
contractors, employees or invitees for any other tenant, visitor, or user of such onsite
parking spaces.
(b) On an availability basis, Landlord will grant to Tenant a license to the use of such
additional Landlord Purchased Municipal Parking Spaces as may be requested by Tenant
from time to time and the cost thereof shall be payable by Tenant as Additional Rent
within ten (10) days of receipt of an invoice from Landlord. "Landlord Purchased
Municipal Parking Spaces", as said term is used here, are municipal permit parking spaces
purchased by Landlord from the City of Greeley and located within a one (1) block radius
of the Building Complex. Landlord makes no representations or warranties that the
Landlord Purchased Municipal Parking Spaces are sufficient to meet Tenant's particular
parking requirements. Tenant's use of Landlord Purchased Municipal Parking Spaces shall
comply with all present and future laws, ordinances, rules and regulations applicable to
such spaces. Tenant acknowledges that Landlord Purchased Municipal Parking Spaces are
located outside the Building Complex and that Landlord shall have no liability to Tenant,
its agents, contractors, employees, or invitees for the use of such spaces. Tenant
acknowledges and agrees that the license granted by Landlord to Tenant to use Landlord
Purchased Municipal Parking Spaces may be terminated if the City of Greeley revokes the
sale of such spaces to Landlord, or otherwise impairs Landlord's ability to assign the use
of such spaces to Tenant, and Tenant hereby waives all claims in respect thereof against
Landlord, except to the extent such revocation or termination is caused by Landlord's
negligence or willful misconduct.
As of the date of this Lease, Tenant has requested a license to the use of five (5) Landlord
Purchased Municipal Parking Spaces which Landlord has confirmed are currently
available, which license shall be effective upon the Lease Commencement Date, unless
sooner requested by Tenant.
14
31. TAXES - PERSONAL PROPERTY - RESPONSIBILITY. Tenant shall be responsible and pay for any and
all taxes and/or assessments levied against any furniture, fixtures, equipment and items of a
similar nature, located in or about the Leased Premises, and installed or owned by Tenant.
32. QUIET ENJOYMENT. Subject to liens, covenants, easements, and restrictions of record as of the
date of this Lease, Landlord agrees to warrant and defend Tenant in the quiet enjoyment and
possession of the Leased Premises during the term of this Lease so long as Tenant complies with
the provisions hereof.
33. MISCELLANEOUS.
(a) Entire Agreement. This Lease represents the entire agreement between the Parties, and
all prior agreements, negotiations and representations are merged herein and
superseded hereby. Tenant acknowledges and agrees that it has not relied upon any
statements, representations, agreements, or warranties by Landlord, its agents or
employees, except such as are expressed herein and that no amendment or modification
of this Lease, or waiver of any provision hereof, shall be valid or binding unless expressed
in writing and executed by the Parties hereto in the same manner as the execution of this
Lease. The following materials and exhibits attached hereto are incorporated into this
Lease and made a part hereof:
SCHEDULE 1 RULES AND REGULATIONS
SCHEDULE 2(a) SUITE 150 - EXISTING SPACE PLAN
SCHEDULE 2(b) SUITE 200 - EXISTING SPACE PLAN
SCHEDULE 3 TENANT'S WORK
SCHEDULE 3(a) ALTERATIONS BY TENANT TO SUITE 150 SPACE PLAN
SCHEDULE 3(b) ALTERATIONS BY TENANT TO SUITE 200 SPACE PLAN
SCHEDULE 4 LANDLORD'S WORK
(b) Governing Law. This Lease shall be construed and enforced in accordance with the laws
of the State of Colorado.
(c) Counterparts. This Lease may be executed in one or more counterparts, each of which
shall constitute an original and all of which shall be one and the same agreement. The
Parties may exchange counterpart signatures by electronic transmission and the same
shall constitute delivery of this Lease with respect to the delivering Party, provided that
the delivering Party has received a confirmation of such electronic transmission. If a
variation or discrepancy among counterparts occurs, the copy of this Lease in Landlord's
possession shall control.
(d) Severability. If any clause or provision of this Lease is illegal, invalid or unenforceable
under present or future laws effective during the term of this Lease, then and in that
event, it is the intention of the Parties hereto that the remainder of this Lease shall not
be affected thereby; and it is also the intention of the Parties to this Lease that in lieu of
each clause or provision of this Lease that is illegal, invalid or unenforceable, there shall
15
be added as a part of this Lease a legal, valid and enforceable clause or provision as similar
in terms to such illegal, invalid or unenforceable clause or provision as may be possible.
(e) Captions; Gender and Number. The captions and paragraph headings are added as a
matter of convenience only and shall be considered of no effect in the construction of any
provision or provisions of this Lease. As used herein, words of one gender shall include
all genders, and words in the singular shall include the plural, and the plural the singular,
unless the context requires otherwise.
(f)
(g)
Binding Effect. This Lease shall be binding upon and inure to the benefit of the Parties
hereto and their respective heirs, executors, administrators, legal representatives,
successors, and assigns where permitted by this Lease.
Joint and Several Liability. If there are more than one entity or persons which or who are
Tenant under this Lease, the obligations imposed upon Tenant under this Lease shall be
joint and several.
(h) Unavoidable Delay. Any obligation of either Party hereunder, other than payment of
money or procurement of insurance, which is delayed or not performed due to strike,
riot, war, weather, failure to obtain labor and materials at a reasonable cost, or any other
reasonable cause beyond the control of Landlord or Tenant as the case may be, shall not
constitute a default hereunder and shall be performed within a reasonable time after the
end of such cause for delay or non-performance.
(i)
Recording. Neither Landlord nor Tenant shall record this Lease or any memorandum
thereof.
34. OPTION TO EXTEND.
(a) Tenant shall have an option to extend the term of this Lease for a period of twelve (12)
months from November 1, 2025 to October 31, 2026, on the same terms and conditions
as contained in this Lease, except that the monthly Base Rent for such extended term
shall be Eight Thousand Two Hundred Seventy Five & no/100 Dollars ($8,275.00). Tenant
shall give Landlord written notice of Tenant's exercise of this option not later than
August 1, 2025, in which event this Lease shall be extended automatically for the
additional term.
(b) Tenant shall have an option to extend the term of this Lease for a period of twelve (12)
months from November 1, 2026 to October 31, 2027, on the same terms and conditions
as contained in this Lease, except that the monthly Base Rent for such extended term
shall be Eight Thousand Five Hundred Sixty Four & no/100 Dollars ($8,564.00). Tenant
shall give Landlord written notice of Tenant's exercise of this option not later than
August 1, 2026, in which event this Lease shall be extended automatically for the
additional term.
16
(c) Tenant shall have an option to extend the term of this Lease for a period of twelve (12)
months from November 1, 2027 to October 31, 2028, on the same terms and conditions
as contained in this Lease, except that the monthly Base Rent for such extended term
shall be Eight Thousand Eight Hundred Sixty Four & no/100 Dollars ($8,864.00). Tenant
shall give Landlord written notice of Tenant's exercise of this option not later than
August 1, 2027, in which event this Lease shall be extended automatically for the
additional term.
(d) Tenant shall have an option to extend the term of this Lease for a period of twelve (12)
months from November 1, 2028 to October 31, 2029, on the same terms and conditions
as contained in this Lease, except that the monthly Base Rent for such extended term
shall be Nine Thousand One Hundred Seventy Four & no/100 Dollars ($9,174.00). Tenant
shall give Landlord written notice of Tenant's exercise of this option not later than
August 1, 2028, in which event this Lease shall be extended automatically for the
additional term.
(e) Tenant's option rights shall be void, however, if Tenant is not in possession of the Leased
Premises at the time of giving such notice, or if Tenant is in possession of the Leased
Premises as a tenant -at -will at the time of giving such notice, or if Tenant is in default
under any of the terms of this Lease at the time of giving such notice.
35. HOLDING OVER BY TENANT. In the event Tenant remains in possession of the Leased Premises
after expiration of this Lease and without the execution of a new lease, then Tenant shall be
deemed a tenant -at -will whose tenancy is terminable upon two (2) month's written advance
notice by either Party, but otherwise upon the same terms and conditions contained herein
except that the monthly Base Rent payable during such holdover tenancy shall be equivalent to
110% of the monthly Base Rent applicable during the month immediately preceding such
expiration. No holding over by Tenant shall operate to renew or extend this Lease without the
written consent of Landlord to such renewal or extension having been first obtained.
36. SURRENDER. Tenant shall, at the expiration or sooner termination of this Lease, do each of the
following at its sole cost and expense (collectively, "Surrender Obligations"): (i) remove all of its
personal property, signs, displays, trade fixtures and unattached equipment from the Leased
Premises and the Building Complex, (ii) at Landlord's discretion, restore all or part of the Leased
Premises to the condition in which it existed prior to Tenant making any of the alterations or
improvements described in the attached Schedule 3 ("Tenant's Work"), Schedule 3(a)
("Alterations by Tenant to Suite 150 Space Plan"), and Schedule 3(b) ("Alterations by Tenant to
Suite 200 Space Plan"), and (iii) repair all damage caused by or in connection with Tenant's
compliance with the Surrender Obligations (including, without limitation thereto, repairing the
floor and patching and painting the walls of the Leased Premises), and (iv) surrender the Leased
Premises to Landlord in good repair and in a clean and sanitary condition, reasonable wear and
tear excepted. If Tenant fails to comply with any of the Surrender Obligations, Landlord may elect
to perform selected Surrender Obligations at Tenant's expense, and Tenant's obligation to pay
such sums shall survive the expiration or sooner termination of this Lease.
17
37. LANDLORD'S ABANDONMENT OF PERSONAL PROPERTY TO TENANT. Upon Tenant request,
Landlord may elect to leave any or all of the following items of personal property in the Leased
Premises: (i) white adjustable height 48" desk(s); (ii) white 3 -drawer file cabinet(s) on casters; (iii)
white rectangular table(s) and white circular table(s) (currently located in room next to kitchen
area); (iv) microwave oven (currently located in kitchen area ); and (v) couch. To the extent such
personal property remains in the Leased Premises as of the Lease Commencement Date,
ownership thereof will then transfer from Landlord to Tenant, and Tenant shall be responsible, at
Tenant's cost, for its removal from the Leased Premises upon the termination of this Lease.
38. FISCAL FUNDING. Landlord acknowledges that the Tenant is a governmental entity, and as such,
may not receive the funding required in subsequent fiscal years to pay the lease amount. In the
event that Tenant fails to receive adequate funding to maintain its obligations under this Lease,
Tenant shall be entitled to terminate this Lease upon providing Landlord with a three (3) month
written notice.
REMAINDER OF PAGE IS INTENTIONALLY BLANK
18
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease the day and year first above written.
TENANT: ,
ATTEST:
ddd.AJ
Weld Count lerk to the Board
By:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By:
Mike Freeman, Chair
SEP 1 1 2023
LANDLORD: .
BUCKINGHAM GORDON LLC,
a Colorado limited liability company
By:
M. Tyler Notestine
Its: Manager
19
SCHEDULE 1
RULES AND REGULATIONS
Except as expressly otherwise provided herein, the following Rules and Regulations shall apply:
1. The sidewalks, entrances, halls, corridors, elevators and stairways of the Building Complex shall
not be obstructed or used as waiting or lounging places by tenants, and their agents, employees,
licensees, invitees and visitors. All entrance doors leading from any leased premises to the
hallways are to be kept closed at all times.
2. Landlord reserves the right to refuse admittance to the Building Complex between the hours of
6:00 p.m. and 8:00 a.m. Monday through Saturday, and from 1:00 p.m. Sunday to 8:00 a.m.
Monday to any person not producing a key to its leased premises. In case of invasion, riot, public
excitement or other commotion, Landlord also reserves the right to prevent access to the Building
Complex during the continuance of same. Landlord shall in no case be liable for damages for the
admission or exclusion of any person to or from the Building Complex.
3. Landlord will furnish each tenant with one (1) key to each door lock on its leased premises, and
Landlord may take a reasonable charge for any additional keys requested by any tenant. No
tenant shall alter any lock or install new or additional locks or bolts on any door without the prior
written approval of Landlord. In the event of such alteration tenant shall supply Landlord with a
key for any such lock or bolt. Each tenant, upon the expiration or termination of its tenancy, shall
deliver to Landlord all keys in any such tenant's possession for all locks and bolts at the Building
Complex.
4. The utility closets, telephone closets, electrical closets, and other such closets, rooms and areas
shall be used only for the purposes and in the manner designated by Landlord, and may not be
used by any tenants, or their contractors, agents, employees, or other parties, without the prior
written consent of Landlord.
5. The toilet rooms, toilets, urinals, wash bowls and water apparatus shall not be used for any
purposes other than for those for which they were constructed or installed, and no sweepings,
rubbish, chemicals, or other unsuitable substances shall be thrown or placed therein. The
expense of any breakage, stoppage or damage resulting from violations of this rule shall be borne
by such tenant by whom, or by whose agents, employees, invitees, licensees or visitors, such
breakage, stoppage or damage shall have been caused.
6. No sign, placard, picture, name, advertisement or notice visible from the exterior of any leased
premises shall be inscribed, painted, affixed or otherwise displayed by any tenant on any part of
the Building Complex without the prior written consent of Landlord.
7. Without the prior written approval of Landlord, no tenant shall (i) bring or keep in or about its
leased premises any vehicles, bicycles or animals of any kind, (ii) place objects on window sills or
cover or obstruct any part of glass partitions, glass doors or windows, (iii) install any radio or
television antenna or any other device or item on the roof, exterior walls, windows or window
sills of the Building Complex, (iv) cause or permit any unusual or objectionable odor to be
produced or permeate from its leased premises (including, without limitation, duplicating or
20
printing equipment fumes), (v) cause or permit the operation of any musical or sound producing
instruments or devices which may be heard outside its leased premises, and (vi) use any leased
premises: (a) for lodging or sleeping, (b) for cooking (except that the use by any tenant of
equipment for brewing coffee, tea and similar beverages shall be permitted as well as counter top
microwave cooking, provided that such use is in compliance with law), (c) for any manufacturing,
storage or sale of merchandise or property of any kind.
8. No tenant shall install or operate any electrically operated equipment or machinery (other than
standard servers, desktop office equipment, including desktop computers and copiers,
typewriters, facsimile machines, printers or other similar equipment used in connection with
general office purposes), or use any additional method of heating or air conditioning in its leased
premises, without the prior written consent of Landlord (which may be conditioned upon the
payment of additional rent in compensation for the excess consumption of electricity or other
utilities that may be occasioned by the operation of such equipment or machinery). No tenant
shall install any equipment of any type or nature (including space heaters, air conditioning
equipment, or similar devices) that will or may necessitate any changes, replacements or
additions to, or changes in the use of, the electrical system, heating system, air conditioning
system, plumbing system, or water system, of its leased premises or the Building Complex,
without the prior written consent of Landlord (which consent may be granted or withheld in
Landlord's sole and absolute discretion). If any tenant's machine or equipment causes noise or
vibration that may be transmitted to such a degree as to be objectionable to Landlord or any other
tenant at the Building Complex, then Landlord shall have the right to install at such tenant's
expense vibration eliminators or other devices sufficient to reduce such noise and vibration to a
level satisfactory to Landlord or to require such tenant to do the same.
9. No signaling, telegraphic or telephonic instruments or devices, or other wires, instruments or
devices, shall be installed in connection with any leased premises without the prior written
approval of Landlord. Such installations, and the boring or cutting for wires, shall be made at the
sole cost and expense of such tenant and under control and direction of Landlord. Landlord
retains, in all cases, the right to require (i) the installation and use of such electrical protecting
devices that prevent the transmission of excessive currents of electricity into or through the
Building Complex, (ii) the changing of wires and of their installation and arrangement
underground or otherwise as Landlord may direct, and (iii) compliance on the part of all using or
seeking access to such wires with such rules as Landlord may establish relating thereto. All such
wires used by such tenants must be clearly tagged at the distribution boards and junction boxes
and elsewhere at the Building Complex, with (i) the number of the leased premises to which said
wires lead, (ii) the purpose for which said wires are used, and (iii) the name of the company
operating same. No tenant shall install any equipment of any type or nature which may emit
electrical waves which will impair radio, television or other electromagnetic spectrum broadcast
or reception from or into the Building Complex.
10. No tenant shall store or use in or about its leased premises (i) any gasoline, kerosene, heating oil,
ether, naphtha, benzol, benzene, toluene, camphene, or any other petroleum products or
derivatives; (ii) any fluid, gas or material of any kind that is combustible or explosive; or (iii) any
fluid, gas or material of any kind having an offensive odor.
21
11. No tenant shall do anything in its leased premises, or bring or keep anything therein, which will in
any way increase or tend to increase the risk of fire or the rate of any insurance policy on the
Building Complex, or which shall conflict with the regulations of the fire department or the fire
laws, or with any rules or ordinances established by governmental authority.
12. In order that the Building Complex may be kept in a state of cleanliness, each tenant shall permit
Landlord's employees or contractor to take care of and clean its leased premises. No tenant shall
cause any unnecessary labor by reason of such tenant's carelessness or indifference in the
preservation of good order and cleanliness of its leased premises. A tenant will be responsible
for disposing of any crates, boxes, or other materials which will not fit into its waste paper baskets.
In no event shall any tenant set such items in the Common Areas of the Building Complex for
disposal.
13. If any leased premises becomes infested with vermin, any tenant, at its sole cost and expense,
shall cause its premises to be exterminated from time to time to the satisfaction of Landlord and
shall employ such exterminators as shall be approved by Landlord, except in the event such
infestation is due to Landlord's gross negligence or willful misconduct.
14. There shall be no use of hand trucks, except those equipped with rubber tires, in the delivery or
removal of personal property, equipment, trade fixtures, merchandise and other similar items,
and all damage done to any part of the Building Complex by their delivery or removal shall be paid
to Landlord, immediately upon demand, by such tenant by, through, or under whom such damage
was done. No tenant shall overload any part of its leased premises or any other areas of the
Building Complex, including any public corridors or elevators. No iron safe or other heavy or bulky
object shall be delivered to or removed from the Building Complex, except by experienced safe
men, movers or riggers approved in writing by Landlord.
15. Only authorized employees or agents of a tenant having a right of access to the roof of the Building
Complex for the limited purpose of installing, maintaining and operating an antenna, or antennas,
shall be permitted on the roof of the Building Complex. Any such tenant having an authorized
antenna on the roof of the Building Complex shall provide Landlord with a list of its employees
and agents authorized, on behalf of the tenant to enter onto the roof of the Building Complex to
install, maintain and operate the antenna. Anyone entering the roof shall stay within designated
walkways and shall not throw, drop or allow foreign objects to be blown over the edge of the roof.
Any and all trash, paints, tools, or similar items shall be removed from the roof and the area shall
be left in a clean and neat condition.
16. A tenant shall cooperate and comply with any reasonable safety or security programs developed
by Landlord or required by law, including periodic fire drills.
17. The interior of the Building Complex is a "non-smoking" environment. Smoking will be permitted
in the designated outside ground level areas of Building Complex only.
18. Landlord shall have the right, exercisable without notice and without liability to any tenant, to
change the name of the Building Complex.
22
19. A tenant shall not in any manner use the name of the Building Complex for any purpose other
than that of the business address of such tenant, or use any picture or likeness of the Building
Complex, in any letterheads, envelopes, circulars, notices, advertisements, containers or
wrapping material, without the prior written consent of Landlord.
20. No canvassing, soliciting, distribution of hand bills or other written material, or peddling shall be
permitted in or about the Building Complex, and tenants shall reasonably cooperate with Landlord
in prevention and elimination of same.
21. A tenant shall conduct no auction, fire or "going out of business" sale or bankruptcy sale in or
from its leased premises, and such prohibition shall apply to such tenant's creditors.
22. Landlord reserves the right to exclude or expel from the Building Complex any person who, in the
judgment of Landlord, is intoxicated or under the influence of liquor or drugs, or who shall in any
manner do any act in violation of any of the rules and regulations hereto set forth. A tenant shall
not at any time manufacture, sell, use or give away, any spirituous, fermented, intoxicating or
alcoholic liquors on any part of the Building Complex, nor permit any of the same to occur (except
in connection with occasional social or business events conducted in its leased premises which do
not violate any laws nor bother or annoy any other tenants).
23. Wherever the word "tenant" occurs, it is understood and agreed that it shall also mean any of
tenant's associates, employees, agents and any other person entering the Building Complex or
leased premises under the express or implied invitation of such tenant. Each tenant shall
cooperate with Landlord to assure compliance by all such parties with the rules and regulations
hereto set forth.
24. Landlord reserves the right to make reasonable amendments, modifications and additions to the
rules and regulations hereto set forth, as in Landlord's judgment may from time to time be needed
for the safety, care, cleanliness and preservation of good order of the Building Complex; provided
that the same shall be non-discriminatory and applied consistently to all tenants at the Building
Complex.
23
SCHEDULE 2(a)
SUITE 150 - EXISTING SPACE PLAN
24
a)
Ln
O
u
C
O
O
►-.
C
0
r
I
I
I
°MAIN LEVEL FLOOR PLAN
3/32' a I'-0' MAIN LEVEL a 5,91 SOFT
ZE
SCHEDULE 2(b)
SUITE 200 - EXISTING SPACE PLAN
26
j
O
O
N V
cp
.de
C
4)
frse"\11
n
n
0
coj
■
UPPER LEVEL FLOOR PLAN
3/32" = 1' -O" UPPER LEVEL = 5,911 SOFT
V
SCHEDULE 3
TENANT'S WORK
Subject to Landlord's prior review and approval of Tenant's plans and specifications for such work, not to
be unreasonably withheld, Tenant, its agents and contractors, at Tenant's cost exclusively, may complete
the following alterations or improvements ("Tenant's Work") to make the Leased Premises ready for
Tenant's use and occupancy
1 Make the following alterations shown on Schedule 3(a) ("Alterations by Tenant to Suite 150 Space
Plan")
Tenant will install a single partition to divide existing Suite 150 premises into two (2)
separate rooms (including, if required by Tenant, to make any required modifications to
the mechanical system ducts/vents located in the Suite 150 ceiling space)
2 Make the following alterations shown on Schedule 3(b) ("Alterations by Tenant to Suite 200 Space
Plan")
Tenant will construct two (2) offices in north-east quadrant of Suite 200 in or around the
currently open area next to the attic stairwell (such work to include removing that portion
of the existing "pony wall" as may be required to complete this work item),
Tenant will install a single partition to create two (2) rooms/offices in the single room area
with 3 windows located on east side of Suite 200,
Tenant will install a single partition to create two (2) rooms/offices in the single room area
located in south-east quadrant of Suite 200 (in room where east wall chalkboard is
currently located),
iv If required, Tenant will install a lock on the door to adjacent building's roof which is
located on west side of Building Complex in south-west quadrant of Suite 200,
v If required, Tenant will install safety latches on windows located on north side of Suite
200
All of Tenant's Work is subject to Surrender Obligations requirements as described in Lease paragraph 36
All of Tenant's Work shall be completed in compliance with the requirements imposed by any applicable
governmental regulations, laws, ordinances, codes and rules
During installation of Tenant's Work, Tenant, its agents and contractors (I) shall not interfere with the
access to, use of, or business conducted within any other portions of the Building Complex by other
tenants or occupants, (ii) shall use reasonable efforts to minimize any noise, vibrations, dust or other
similar annoyances to other tenants or occupants of the Building Complex, and (iii) shall otherwise abide
by all reasonable rules and requirements established or imposed by Landlord relating to the installation
of Tenant's Work
28
Provided Tenant has supplied Landlord with satisfactory evidence of all insurance required to be supplied
by Tenant hereunder, Landlord hereby grants to Tenant, its agents and contractors, license to enter the
Leased Premises, prior to the Lease Commencement Date, in order that Tenant may complete Tenant's
Work Tenant shall be bound by the terms and conditions of this Lease during any such period of early
occupancy (except the condition to pay rent during such period) Such license shall be subject to the
condition that Tenant, its agents, contractors, workmen, mechanics, suppliers and invitees shall work in
harmony and not interfere with Landlord and its agents and contractors performing any of the repairs and
improvements described in the attached Schedule 4 ("Landlord's Work")
29
SCHEDULE 3(a)
ALTERATIONS BY TENANT TO SUITE 150 SPACE PLAN
(actual alterations constructed by Tenant may vary from those depicted below)
30
,_
4•1°
•
▪ <- Tenant inst
• partition &
•
• create 2 ro
• this locatio
•
• (+ mechani
•
• mods., if re
•
•
.O
•
door
ed
or (to
is in
uirod)
O
O
e
I
(MAIN LEVEL FLOOR PLAN
3/32" = 1'-0" MAIN LEVEL 5,971 5QFT
72
SCHEDULE 3(b)
ALTERATIONS BY TENANT TO SUITE 200 SPACE PLAN
(actual alterations constructed by Tenant may vary from those depicted below)
32
•
Tenant installed
partitions / doors
(to create 2 offices
in this location)
- window sa ty
latches on
N. window
if require
■
S
•
•
•
•
•
•
•
•
• • • • • •der • • • • • • • • ■ w
1
O
N N
e
• ea 0
k'
5
•
•
•
•
door doo
!1
1t
• Tenant installed
•
• partition (to create
2 rooms In this
•
• <.
•
•
this locatio
0
J
■
•••••■••••••4
A- Tenant installed
partition (to
create 2 room,
in this location
•
J
UPPER LEVEL FLOOR FL AN
3/32" = NO" m" UPPER LEVEL 5,911 SOFT
<. tenant installed
lock on door to
adj. building's roof
SCHEDULE 4
LANDLORD'S WORK
Landlord, at Landlord's cost exclusively (unless otherwise noted), on or before the Lease Commencement
Date, shall complete the following repairs and improvements ("Landlord's Work") in, upon or about the
Leased Premises:
1. Landlord will remove the wall mounted televisions, and related hardware, installed by prior
tenant throughout Suite 150 and Suite 200, and will patch and paint the walls affected by such
removal.
2. Subject to Lease paragraph 37, Landlord will remove all personal property situate in the Leased
Premises on or before the Lease Commencement Date. A so-called "pony wall" and a "reception
counter", both affixed to the Suite 200 Leased Premises by prior tenant, will not be removed by
Landlord .
Landlord shall pursue, with reasonable diligence, the completion of Landlord's Work, using Landlord's
agents and contractors, in compliance with any applicable regulations, laws, ordinances, codes and rules.
34
COMMERCIAL REAL ESTATE LEASE AGREEMENT FOR OFFICE SPACE (810 9TH
STREET, SUITES 150 AND 200, GREELEY) FOR CHILD WELFARE FAMILY SUPPORT
AND VISITATION CENTER (FSVC) - BUCKINGHAM GORDON, LLC
APPROV , SUBSTANCE:
APPROVED AS TO FUNDING:
Chief Financial Officer, or Controller
APPROVED AS TO FORM:
1A..A4-1
Coun torne
Y Y
Contract Form
Entity Information
Entity Name* Entity ID*
BUCKINGHAM GORDON LLC @00047586
Q New Entity?
Contract Name * Contract ID
BUCKINGHAM GORDON LLC (LEASE AGREEMENT - 7363
FAMILY SUPPORT AND VISITATION CENTER )
Contract Status
CTB REVIEW
Contract Lead
COBBXXLK
Contract Lead Email
cobbxxlk@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
NEW LEASE AGREEMENT FOR SPACE UTILIZED FOR FAMILY SUPPORT AND VISITATION CENTER. TWO YEAR
AGREEMENT AS INITIAL TERM - TOTAL RENT COST $188,640.00. TERM: 11/1/2023 TO 10/31/2025, MAY
EXTEND LEASE BEYOND INITIAL LEASE TERM FOR A PERIOD OF 12 MONTHS.
Contract Description 2
APPROVED PA SENT TO CTB 9/7/2023.
Contract Type* Department
AGREEMENT HUMAN SERVICES
Amount *
$188,640.00
Renewable *
YES
Automatic Renewal
Grant
IGA
Department Email
CM-
HumanServices@weldgov.
com
Department Head Email
CM-HumanServices-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
Requested BOCC Agenda
Date
09/11/2023
Due Date
09/07/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
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 *
07/31/2024
Renewal Date *
10/31/2024
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 09/12/2023
Approval Process
Department Head Finance Approver Legal Counsel
JAMIE ULRICH CONSENT CONSENT
DH Approved Date Finance Approved Date Legal Counsel Approved Date
09/12/2023 09/12/2023 09/12/2023
Final Approval
BOCC Approved Tyler Ref #
YES 2023-2615
BOCC Signed Date
09/11/2023
BOCC Agenda Date
09/11/2023
Cheryl Hoffman
From:
Sent:
To:
Subject:
noreply@weldgov.com
Tuesday, August 6, 2024 3:16 PM
CM-ClerktoBoard; Windy Luna; Lesley Cobb; CM-HumanServices-DeptHead
Fast Tracked Contract ID (8607)
Contract # 8607 has been Fast Tracked to CM -Contract Maintenance.
You will be notified in the future based on the Contract information below:
Entity Name: BUCKINGHAM GORDON LLC
Contract Name: BUCKINGHAM GORDON LLC (LEASE AGREEMENT - FAMILY SUPPORT AND VISITATION CENTER ) Contract
Amount: $188,640.00 Contract ID: 8607 Contract Lead: WLUNA
Department: HUMAN SERVICES
Review Date: 8/29/2025
Renewable Contract: NO
Renew Date:
Expiration Date:10/31/2025
Tyler Ref #: 20232615
Thank -you
//)4 P#07-
,4d,.gt 1/2
020023-a6/5-
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good afternoon CTB,
FAST TRACK ITEM:
Windy Luna
Tuesday, August 6, 2024 3:15 PM
CTB
HS -Contract Management
FAST TRACK ITEM: Buckingham Gordon, LLC - Commercial Real Estate Lease 2023-2615
2023-25 Weld FSVC Lease Buckingham Gordon LLC 110123 - 103125 (e).pdf; Approval to Fast TRack 080124.pdf
Attached please find the Commercial Real Estate Lease between Weld County and Buckingham Gordon, LLC,
for the Family Time Center Lease. This is known as Tyler ID# 2023-2615. The term of this agreement is
November 1, 2023 through October 31, 2026. There are no changes to the agreement and it is being Fast
Track in CMS for tracking purposes only (CMS# 8607).
Thank you!
Windy Luna
Contract Administrative Coordinator
Weld County Dept. of Human Services
Contract Management Team
315 N. 11th Ave., Bldg A
PO Box A
Greeley, CO 80632
(970) 400-6544
wluna@weld.gov
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the
person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure,
copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
Hello