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Home My WebLink About20203376.tiffRESOLUTION RE: APPROVE LEASE AGREEMENT FOR LOCATION, CONSTRUCTION, AND MAINTENANCE OF AIR MONITORING/METEOROLOGICAL EQUIPMENT AND OBTAINING DATA THEREFROM AND AUTHORIZE CHAIR TO SIGN - LOYD FARMS 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 Loyd Farms, 66732 County Road 87, Grover, Colorado 80729-9476, 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 Loyd Farms, 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: datift,N)�',; Weld County Clerk to the Board BY: Deputy Clerk to the Board APPR• . ED A ounty Attorney Date of signature: ? I /I EXCUSED Mike Freeman, Chair Steve Mpreno, Pro -Tern Sc•tf'K. James Kevin D. Ross 2020-3376 BC0053 cc:cA(SS) II/2.O12 0 LEASE AGREEMENT FOR LOCATION, CONSTRUCTION, AND MAINTENANCE OF AIR MONITORING/METEOROLOGICAL EQUIPMENT AND OBTAINING DATA THEREFROM THIS LEASE AGREE NT ("Lease") is made and entered into this 4c° day of (j ovembcx'. 2020, by and between Lloyd Farms, whose address is 66732 County Road 87, Grover, CO 80729-9476 ("Lessor"), and the Board of County Commissioners of Weld County, Colorado, whose address is P.O. Box 758, 1 150 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 60 feet wide (east -west) and 82 feet long (north - south) at a location with approximate latitude and longitude being 40.977351 N. 104.305184 W. situated immediately north of Circle Drive. Hereford, Colorado, and west of Weld County Road ("WCR") 79.5. hereinafter referred to as the "Premises." Lessee understands and agrees that this Lease is for the Premises, only. The Premises will be approximately 4,920 square feet in size (0.113 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 79.5 at an access point approved through a Weld County Access Permit. 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 back.hoe 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 Page 1 of 4 Pages 2020-3376 independent auditor will visit the Premises one (1) or two (2) times per year for site inspection and equipment audit. Upon request by Lessor, Lessee will notify Lessor by phone prior to any authorized visit to the Premises. Term. The Term of this Lease shall be for a period of fifteen (15) 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 fifteen (15) 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 Two- Hundred and no/100 dollars ($200.00) per month, payable on the first day of each month. 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 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 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 Lessee'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 1..,essee 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 l..,essee. 11. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive hut 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 he 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. I..,ESSOR: Ip4.Lloyd Farms 66732 County Road 87 Grover, CO 80729-9476 Attn: Kent Grubbs Phone: (970) 371-7430 b. LESSEE: Board of County Commissioners of Weld County P.O. Box 758 1 150 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: 4.A..OY D FARMS ATTEST:) j•ok WELD COUNTY Clerk to the Board By (Deputy) CI By: Title: LESSEE: COUNTY OF WELD, STATE OF COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD Steve Moreno, Pro —Tern NOV 1 6 2020 ges d -. 3576, LEASE AGREEMENT FOR LOCATION, CONSTRUCTION, AND MAINTENANCE OF AIR MONITORING/METEOROLOGICAL EQUIPMENT AND OBTAINING DATA THEREFROM - LOYD FARMS APP OVED AS TO,SUBSTANCE: Elected Official or Department Head APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: ; fI County Attorney PRO:ECT' ;6900116:3 of DATED: 423•x'0; OES'GNER SCOPPFRA'N2 C',Liters SCO QFRANZ•OneOr e. - Ratioorl'. sktCo.GIS Asntrtati «Weo Carey Butting arc! Toa*t bo:aia nEWew Court b i Jtrq anc Tower ta,o s apt« DUGG N BARBARA JEAN.- F CHARLES l Proposed Meteorological Tower ! ►�etd County Parcels 7771 Pr--:Thpcced f nnne shelter LOYD FARMS SCHLOSSER ELIZABETH Meteorological Tower and Ozone Shelter NADP-Site Selection: Missile Site Park Weld County, Colorado Exhibit RA. BOLL US CORPORATION A R SOL+ cDMPA^4, Hello