HomeMy WebLinkAbout20203377.tiffRESOLUTION
RE: APPROVE LEASE AGREEMENT FOR LOCATION, CONSTRUCTION, AND
MAINTENANCE OF AIR MONITORING/METEOROLOGICAL EQUIPMENT AND
OBTAINING DATA THEREFROM AND AUTHORIZE CHAIR TO SIGN - SUBLETTE,
INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Lease Agreement for Location,
Construction, and Maintenance of Air Monitoring/Meteorological Equipment and Obtaining Data
Therefrom between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Sublette, Inc., P.O. Box 21, Orchard, Colorado 80649-0021,
commencing upon full execution of signatures, 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 Lease Agreement for Location, Construction, and Maintenance
of Air Monitoring/Meteorological Equipment and Obtaining Data Therefrom between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and Sublette, Inc., 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 16th day of November, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
��,,��,,//WELD COUNTY, COLORADO
ATTEST: je40•41 EXCUSED
Mike Freeman, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPR
unty At orney
Date of signature: IVVi°l/2
Steve v oreno, Pro -Tern
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2020-3377
BC0053
LEASE AGREEMENT FOR LOCATION, CONSTRUCTION, AND MAINTENANCE OF
AIR MONITORING/METEOROLOGICAL EQUIPMENT
AND OBTAINING DATA THEREFROM
THIS LEASE AGREEMENT ("Lease") is made and entered into this 6 day of
(1,.ovembe , 2020, by and between Sublette, Inc., whose address is P.O. Box 21, Orchard, CO
80649-0021 ("Lessor"), and the Board of County Commissioners of Weld County, Colorado,
whose address is P.O. Box 758, 1150 O Street, Greeley, CO 80632 ("Lessee"). The Lessor and
the Lessee may be referred to herein collectively as "the Parties."
1. Premises & Purpose.
a. Premises. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor for the
term of the rental and upon all terms, covenants, and conditions set forth herein, an area
of property owned by Lessor, being 82 feet wide (east -west) and 108 feet long (north -
south) at a location with approximate latitude and longitude being 40.31986 N,
104.15944 W., situated in the Southwest Quarter (SE4) of Section 12, Township 4 North,
Range 61 West of the 6th P.M., Weld County, Colorado, hereinafter referred to as the
"Premises." Lessee understands and agrees that this Lease is for the Premises, only. The
Premises will be approximately 8,856 square feet in size (0.20 acres). The exact location
of the Premises will be determined after consultation between the Lessor and Lessee. A
diagram showing the approximate location of the Premises is attached hereto as "Exhibit
A."
b. Purpose. Lessor understands and acknowledges that Lessee intends to use the Premises
for the purpose of locating, constructing, and maintaining air monitoring/meteorological
equipment on the Premises and obtaining data therefrom. No personnel from Lessee will
be located at the Premises.
c. Access. Lessee and Lessee's staff, agents and contractors shall access the Premises from
WCR 97 at an access point located on Lessor's property. The final location and layout of
the Premises will be determined and construction started shortly after signature by the
parties of this Lease Agreement. Access to the Premises will be unrestricted by Lessor.
Vehicles and personnel accessing the Premises will be the following:
i. During construction, Ramboll USA personnel or contractors with light duty trucks, a
backhoe and cement truck. Construction will last five (5) days. Lessor will notify
Lessee by phone 24 hours prior to commencement of construction.
ii. Post construction, Lessee's staff or contractors once per week for sample collection,
visual inspection and/or to maintain equipment, or on an as -needed basis for
equipment repairs and data retrieval. Vehicles will include passenger and light duty
trucks, which will be parked off the Premises on the road shoulder. Personnel from
the Colorado Department of Public Health and Environment ("CDPHE") or other
independent auditor will visit the Premises one (1) or two (2) times per year for site
Page 1 of 4 Pages
2020-3377
inspection and equipment audit. Upon request by Lessor, Lessee will notify Lessor
by phone prior to any authorized visit to the Premises.
2. Term. The Term of this Lease shall be for a period of ten (10) years from the date set forth
above. Lessee shall have the option to renew at the end of the Term for up to an additional
ten (10) year period for such rental as the Parties then determine is appropriate. Lessee has
the right to terminate this Lease Agreement at anytime upon delivering to Lessor sixty (60)
days written termination notice and paying to Lessor all rent due and owing through the date
of termination.
3. Rent. Lessee shall pay the Lessor as rent for the use of the Premises the amount of Fifty and
no/100 dollars ($50.00) per month, payable in full at the beginning of each year ($600.00
paid by January 15th of each year). Rent shall include all charges due and owing to the
Lessor for Lessee to locate, construct, and maintain air monitoring/meteorological equipment
on the Premises and obtain data therefrom.
4. Reclamation. Prior to the termination date of this Lease Agreement, Lessee shall reclaim the
Premises in the following manner:
a. Demolish concrete pads and remove concrete.
b. Remove buried electrical lines.
c. Smooth surface to original contour and seed with native plants.
d. Items 4. a. to 4. c., above, may be waived by Lessor.
5. Restrictions on Use of Property Surrounding Premises. Lessor agrees to the following:
a. To refrain from irrigating the property lying within 500 feet of the Premises.
b. To refrain from grazing cattle within 50 ft of the Premises.
c. To refrain from building structures or planting trees or shrubs within 250 feet of the
Premises.
6. Assignment and Subletting. Lessee shall not have the right to assign this Lease Agreement
or sublease all or a part of the Premises.
7. Indemnity. Except as otherwise agreed herein, the Lessee agrees to indemnify and save
Lessor and Lessor's affiliates, parents, members, managers, officers, directors, employees,
and agents harmless from any and all claims, demands, costs and expenses of every kind
whatsoever, including reasonable attorney's fees for the defense thereof, arising from the
Lessee's use of the Premises.
Page 2 of 4 Pages
8. Remedies Upon J..essee's Default. In the event of any such material default by Lessee,
Lessor may enter into the Premises, remove Lessee's property and take hold possession of
the Premises and expel Lessee. Lessor may recoup costs of such removal from Lessee and
pursue any other remedies available to Lessor under the laws of the state of Colorado.
9. Severability: Choice of Law. The invalidity or unenforceability of any provision of this
Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity
of the remainder of this Lease or any other provision hereof. This Lease shall be governed by
the laws of the State of Colorado. All actions herein shall have venue in Weld County,
Colorado.
10. Effect of Waivers. No waiver by Lessor or Lessee of any provision hereof shall be deemed a
waiver of any other provision or of any subsequent breach by Lessee or Lessor of the same or
any other provision. Lessor's consent to or approval of any act by Lessee shall not be deemed
to render unnecessary the obtaining of Lessor's consent to or approval of any subsequent act
by Lessee.
11. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall,
whenever possible, be cumulative with all other remedies at law or in equity.
12. Entire Agreement. This Lease and any exhibits attached hereto or to be attached hereto, set
forth all of the covenants, promises, agreements and conditions between Lessor and Lessee
concerning the Premises and this Lease and there are no covenants, promises, agreements, or
conditions, either oral or written, between them. This Lease may not be modified or
amended in any manner except by an instrument in writing executed by the parties hereto.
13. Attachments, Headings, Terms. All attachments and exhibits referred to herein are hereby
incorporated by reference into this Lease. The headings and underscoring contained herein
are for convenience purposes only and shall not be used to interpret or define nor be deemed
to extend or limit the specific sections. The word or words enclosed in quotation marks shall
be construed as defined terms for purposes of this Lease. The terms "Lessor" and "Lessee"
shall be construed to mean, when required by the context, the affiliates, subsidiaries,
directors, officers, employees, invitees, contractors, material men, servants and agents of
Lessor and Lessee.
14. No Third -Party Beneficiary Enforcement. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Lease, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this Lease
shall give or allow any claim or right of action whatsoever by any other person not included
in the Lease. It is the express intention of the undersigned parties that any entity other than
the undersigned parties receiving services or benefits under this Lease shall be incidental
beneficiary only.
Page 3 of 4 Pages
15. No Waiver of Governmental Immunity. No term or condition of this Lease shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act,
C.R.S. §§24-10-101 et seq., as applicable now or hereafter amended.
16. Notice. Any required notice shall be provided to:
a. LESSOR:
Sublette, Inc.
P.O. Box 21
Orchard, CO 80649-0021
Attn: Sheldon Skovgaard
Phone: (970) 219-8588
b. LESSEE:
Board of County Commissioners of Weld County
P.O. Box 758
1150 O Street
Greeley, CO 80632
Attn: Bruce T. Barker, Weld County Attorney
Phone: (970) 400-4390
IN WITNESS WHEREOF, the parties hereto have executed or caused this instrument to be
executed as of the day and year first -above written.
LESSOR:
SUBLETTE, INC.
ATTEST: dterywij
WELD COUNTY Clerk to the Board
By:
(Deputy) rk t+ the B
By:
Title: PRE.St D .3r
LESSEE:
6'ereg 14. CroA
COUNTY OF WELD, STATE OF
COLORADO, by and through the BOARD
OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD
By: ' - E /� �—��—
Steve Moreno, Pro—Tem
ages
7Z22 _ 3577
LEASE AGREEMENT FOR LOCATION, CONSTRUCTION, AND MAINTENANCE OF AIR
MONITORING/METEOROLOGICAL EQUIPMENT AND OBTAINING DATA THEREFROM -
SUBLETTE, INC.
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
APPROVED AS TO FUNDING:
/4 it-- 17)4.—?.
Controller
APPROVED AS TO FORM:
County Attorney
39-001
DATED 11/3/2020
DESIGNER SCOPPFRANZ
CASTLE ROCK
TOWN OF WATER
ENTERPRISE
RIVERVIEW
FARMS LLC
C 1Users\SCOPPFRANZ\OneDrive - Ramboll\Desktop\GIS Assistance\Weid County Butidina and Tower locatoins\Weld County Building and Tower locatnins aorx
Proposed NTN
Proposed AMoN
Proposed Meteorological Tower
Service La er Credits: World Ima•er Fire _ Source: Esri, Di•italGlobe GeoE e Earthstar Geo•ra•hics CNES/Airbus DS USDA USGS AeroGRID IGN and the G15 User Communit •
Exhibit A
Proposed Ozone Shelter
_ Parcel Boundary
SUBLET
CENTRAL
COLORADO WATER
CONSERVANCY DISTR
NADP-Site Selection:
Orchard
Weld County, Colorado
250
1 Feet
RAMBOLL US CORPORATION
A RAMBOLL COMPANY
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