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HomeMy WebLinkAbout20203147.tiffRESOLUTION RE: APPROVE LEASE FOR THE GREELEY BUILDING (710 11TH AVENUE, SUITES 201 AND 202, GREELEY) AND AUTHORIZE CHAIR TO SIGN - COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSHIP 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 for The Greeley Building (710 11th Avenue, Suites 201 and 202, Greeley) 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 Colorado Recovery Properties, Ltd. V Partnership, commencing November 1, 2020, and ending October 31, 2023, with further terms and conditions being as stated in said lease, and WHEREAS, after review, the Board deems it advisable to approve said lease, 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 for The Greeley Building (710 11th Avenue, Suites 201 and 202, Greeley) 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 Colorado Recovery Properties, Ltd. V Partnership, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said lease. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of October, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: didwo jello;ok Weld County Clerk to the Board BY: Deputy Clerk to the Boar Mike Freeman, Chair Steve eno, Pro -Tern Sc tt K. James APP '.'EDA��i FORS. ��ra; ��►.,�`/ i 11(/L/��'t�1�/� torney Date of signature: 10/2.9 (2O Kevin D. Ross CG•.HSD QGtrr/5G) II/ 423/2o 2020-3147 HR0092 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: October 13, 2020 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Lease Agreement with Colorado Recovery Properties, Ltd, V Partnership for the Family Support and Visitation Center Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Lease Agreement with Colorado Recovery Properties, Ltd., V Partnership. This Lease Agreement is for continued rent of space in The Greeley Building, located at 710 11 Uh' Avenue, to include suites 201 and 202, for the Division of Child Welfare's Family Support and Visitation Center (FSVC). The current agreement is expiring October 31, 2020. Colorado Recovery Properties has offered to maintain the current monthly rent installment of $4,670.00 for the term of November 1, 2020, through October 31, 2023. I do not recommend a Work Session. I recommend approval of this Lease Agreement and authorize the Chair to sign. Mike Freeman, Chair Scott James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin Ross Approve Schedule Recommendation Work Session ( tvi Other/Comments: Pass Around Memorandum, October 13, 2020 - CMS 4172 Paee i 2020-3147 LEASE This Lease, made and entered into this 7th day of October 2020, by and between COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSHIP, a Colorado limited partnership (herein referred to as "Landlord"), and the BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, STATE OF COLORADO, BY AND ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES (herein referred to as "Tenant"). 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 710 11th Avenue, Greeley, Colorado (herein referred to as "Leased Premises"): Suite # 201 and Suite # 202 located on the second level of the building and consisting of approximately 3,651 usable square feet (or approximately 5,363 rentable square feet), as shown on the Space Plan set forth in Schedule 2. The building, together with the adjoining areas and other appurtenances thereto, and the real property on which the same is situated, is herein referred to as "Building Complex". 2. TERM. The term of this Lease shall commence at 12:00 a.m. on the 1st day of November 2020, and unless terminated as herein provided for shall end at 11:59 p.m. on the 31st day of October 2023. Tenant shall give to Landlord at least two (2) month's written advance notice of Tenant's intention to vacate the Leased Premises at the expiration of this Lease. 3. 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, the base rent of One Hundred Sixty Eight Thousand One Hundred Twenty & no/100 Dollars ($168,120.00), in monthly installments as follows: Period Monthly Rent Installment 11/1/2020 - 10/31/2023 $4,670.00 Each monthly installment of 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) In addition to rent, Tenant shall pay Landlord such other sums as are required to be paid by Tenant under this Lease. Any such charges or sums shall be deemed to be "Additional Rent", and Landlord shall have all rights specified in this Lease against Tenant for default in payment thereof as in the case of arrears of rent. (c) Tenant shall pay Excess Operating Costs, as Additional Rent, as follows: i Definitions. (a) "Tenant's Proportionate Share" is the proportion that Tenant's usable area in the Leased Premises bears to the total usable area of all leased premises at the Building Complex (or 3,651 square feet divided by 26,981 square feet and denoted by the factor 13.53%). (b) "Operating Costs for Real Estate Taxes", for any calendar year, is that year's total of all real estate taxes and assessments and special assessments imposed upon the Building Complex by any governmental bodies or authorities, computed on the accrual basis. (c) "Operating Costs for Utility Charges", for any calendar year, is that year's total charges at the Building Complex for electricity, natural gas, water, sewer and storm drainage, computed on the accrual basis. (d) "Operating Costs for Insurance", for any calendar year, is that year's total cost to obtain a policy or policies of insurance against loss or damage to the Building Complex and providing coverage for public liability, computed on the accrual basis. (e) "Excess Operating Costs for Real Estate Taxes", for each calendar year in which any part of the term of this Lease falls, 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 2007. (f) "Excess Operating Costs for Utility Charges", for each calendar year in which any part of the term of this Lease falls, is the difference between the Operating Costs for Utility Charges for that year and the Operating Costs for Utility Charges for calendar year 2007. (g) "Excess Operating Costs for Insurance", for each calendar year in which any part of the term of this Lease falls, is the difference between the Operating Costs for Insurance for that year and the Operating Costs for Insurance for calendar year 2007. ii. Payment of Actual Excess Operating Costs. (a) 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. (b) After each calendar year during the term of this Lease, Landlord shall compute Tenant's Proportionate Share of Excess Operating Costs for Utility Charges 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. (c) After each calendar year during the term of this Lease, Landlord shall compute Tenant's Proportionate Share of Excess Operating Costs for Insurance 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 at End of Lease Term. (a) At the end of the term of this Lease, if not concurrent with the end of the calendar year, 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. (b) At the end of the term of this Lease, if not concurrent with the end of the calendar year, Landlord shall compute its estimate of Tenant's Proportionate Share of Excess Operating Costs for Utility Charges 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. (c) At the end of the term of this Lease, if not concurrent with the end of the calendar year, Landlord shall compute its estimate of Tenant's Proportionate Share of Excess Operating Costs for Insurance 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 any Excess Operating 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 Operating Costs 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. 4. SECURITY DEPOSIT. Not applicable. 5. LATE CHARGE. In addition to any and all other remedies hereunder, Landlord shall be entitled to collect interest from Tenant on all rent or other amounts due hereunder, and on all amounts paid on Tenant's behalf by Landlord (all of which shall be deemed Additional Rent) at the rate of eighteen percent (18%) per annum from the tenth (10th) day after the due date therefor until received by Landlord. In addition, Tenant shall pay Landlord a late charge equal to the greater of One Hundred & no/100 Dollars ($100.00) or five percent (5%) of any installment of rent or Additional Rent not paid within ten (10) days after the date it is due. 6. USE OF LEASED PREMISES. The Leased Premises will be used as a family support and visitation center in support of Tenant's human services mission, and administrative offices in connection therewith, and for no other purpose, 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 of which the Leased Premises are a part. No storage of any material outside of the Leased Premises shall be allowed unless first approved by Landlord in writing, and then in only such areas as are designated by Landlord. 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. 7. ACCEPTANCE OF LEASED PREMISES. Subject to Landlord's representations to Tenant as set forth herein, Tenant accepts the Leased Premises and the rest of the Building Complex from Landlord in "as is - where is" condition, as being adequate in the present condition, including, without limitation, the existing heating, air conditioning and lighting systems. 8. PARKING. Tenant shall have the right to use, without additional cost, thirteen (13) parking space(s) in the "reserved for tenant" section of the parking lot, located on the north of the Building Complex, on an availability basis only. 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 parking spaces, ingress and egress and other automobile and pedestrian use of said property. Landlord shall not be responsible to Tenant, its agents, contractors, employees or invitees for any other tenant, visitor or user of said parking space. 9. SIGNAGE. Tenant signage shall comply with Landlord's standard signage criteria for the 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. 10. MAINTENANCE AND REPAIRS. Unless occasioned by Tenant's default, or by fault of Tenant's agents, contractors, employees or invitees, Landlord shall maintain those portions of the Building Complex not required to be maintained by Tenant or others, keeping them in good order, condition and repair, including without limitation the roof and structural portions of the Building Complex. Tenant shall, throughout the lease term, keep the Leased Premises free from waste and nuisance, and shall, at the termination of this Lease, surrender the Leased Premises in good repair and in a clean and sanitary condition, reasonable wear and tear excepted. 11. 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, and Landlord shall have the right at any time and from time to time to establish, modify and enforce reasonable written rules and regulations with respect thereto. Landlord shall have the right to change at any time and from time to time the area, location and arrangement of parking and other Common Areas. 12. INSURANCE. (a) 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. (b) Neither Landlord nor its agents shall be liable for the loss or damage to any property by theft or otherwise, by any means whatsoever, nor for any injury (including death) or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the Building Complex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface, or from any other place, or resulting from dampness or any other cause whatsoever; provided, however, that nothing contained herein shall be construed to relieve Landlord from liability for any bodily injury resulting from its gross negligence or wrongdoing, or that of its agents, servants or employees. Tenant shall give prompt notice to Landlord in case of fire or accidents at the Building Complex, or of defects therein or in the fixtures or equipment. (c) 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 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. (d) During the term of this Lease, Landlord shall insure the Building Complex against loss or damage by keeping in force and effect a policy or policies of insurance providing fire and standard extended coverage, and with vandalism and malicious mischief endorsements, rental loss coverage, and such additional coverage as Landlord deems appropriate. Landlord shall also carry commercial general liability insurance, in such reasonable amounts and with such reasonable deductibles, as Landlord deems appropriate. At Landlord's option, all such insurance may be carried under any blanket or umbrella policies which Landlord has in force for other buildings and projects. In addition, at Landlord's option, Landlord may elect to self insure all or any part of such required insurance coverage. Landlord may, but shall not be obligated to, carry any other form or forms of insurance as Landlord or the mortgagees of Landlord may reasonably determine is advisable. (e) 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, any portion thereof, or any other portion 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, and each shall notify its insurance companies of the existence of the waiver provisions set forth in this Lease. 13. DAMAGE OR DESTRUCTION TO BUILDING. (a) If the Leased Premises, a portion thereof, or any other portion of the Building Complex shall be so damaged by fire or other casualty as to render the Leased Premises wholly untenantable and if such damage shall be so great that a competent architect, in good standing, selected by Landlord shall certify in writing to Landlord and Tenant within fifteen (15) days of said casualty that the Leased Premises, with the exercise of reasonable diligence, cannot be made fit for occupancy within thirty (30) working days from the happening thereof, then this Lease shall cease and terminate from the date of the occurrence of such damage and Tenant shall thereupon surrender to Landlord the Leased Premises and all interest therein hereunder and Landlord may reenter and take possession of the Leased Premises and remove Tenant therefrom. Tenant shall pay rent, duly apportioned, up to the time of such termination of this Lease. If, however, the damage shall be such that said architect shall certify within said fifteen (15) day period that the Leased Premises can be made tenantable within said thirty (30) day period, then, except as hereinafter provided, Landlord shall repair the damage done with reasonable promptness. (b) If the Leased Premises, a portion thereof, or any other portion of the Building Complex shall be slightly damaged by fire or other casualty, but not so as to render the same wholly untenantable or to require a repair period in excess of thirty (30) days, then, Landlord, after receiving notice in writing of the occurrence of the casualty, except as hereinafter provided shall cause the same to be repaired with reasonable promptness. If the estimated repair period as established in accordance with the provisions of subparagraph (a) hereinabove exceeds thirty (30) days, then the provisions of subparagraph (a) shall control notwithstanding the fact that the Leased Premises are not wholly untenantable. (c) In case the Building Complex throughout shall be so injured or damaged, whether by fire or otherwise (though the Leased Premises may not be affected, or if affected, can be repaired within said thirty (30) days), that, within fifteen (15) days after the happening of such injury, Landlord shall decide not to reconstruct or rebuild said Building Complex, then, notwithstanding anything contained herein to the contrary, upon notice in writing to that effect given by Landlord to Tenant within said fifteen (15) days, Tenant shall pay the rent, properly apportioned up to such date, this Lease shall terminate from the date of delivery of said written notice, and both parties hereto shall be freed and discharged of all further obligations hereunder. (d) Provided that the casualty is not the fault of Tenant, Tenant's agents, contractors, employees or invitees, Tenant's rent shall abate during any such period of repair and restoration. 14. REENTRY 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 may enter the Leased Premises to show the same to prospective tenants during the last sixty (60) days of the lease term. Any such reentry 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. 15. ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall not create any openings in the roof or exterior walls, nor make any alterations, additions or improvements to the Leased Premises without the prior written consent of Landlord. All alterations, additions or improvements made by Tenant shall become the property of Landlord at the termination of this Lease; however, Tenant shall promptly remove, if Landlord so elects, all alterations, additions and improvements and any other property placed in the Leased Premises by Tenant, and Tenant shall repair any damage caused by such removal and restore the Leased Premises to its original condition, reasonable wear and tear and damage by fire or other casualty excepted. 16. 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 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. (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) business days to any written notice posted upon the Leased Premises during normal business hours requesting that Tenant contact Landlord. 17. REMEDIES FOR DEFAULT. (a) Upon the happening of any event of default as hereinabove described, and after the expiration of any grace period 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 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 reentry hereunder, the remaining sums owed by Tenant may be accelerated, and Landlord shall be entitled to recover forthwith 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. 18. 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. Landlord's liability under this Lease shall be limited to its interest in the Building Complex, and under no circumstances shall any other property of Landlord or of any owner of Landlord be available for satisfaction of any judgment against Landlord. In no event shall Landlord be liable to Tenant or persons claiming through Tenant for any consequential damages, including, without limitation, lost profits or business interruption, nor shall Landlord have any liability for the criminal acts of third parties. 19. 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. 20. RULES AND REGULATIONS. Tenant agrees to observe, perform and abide by all the rules and regulations promulgated by Landlord for the benefit of the Building Complex and its tenants. Schedule 1 sets forth Landlord's Rules and Regulations in effect on the date hereof. 21. CONDEMNATION. (a) If, during the term of this Lease, all or a substantial part of the Leased Premises (or if less than a substantial part of the Leased Premises, if Tenant reasonably determines that the remaining portion of the Leased Premises cannot be operated) 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. (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. 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. 23. NOTICE PROCEDURE. Any notices or communications required or permitted to be given by this Lease shall be in writing, and personally delivered, or mailed by prepaid certified mail, or transmitted by electronic mail transmission, to the party to whom such notice or communication is directed, to the mailing address or electronic mail address of such party as follows: To Landlord: Colorado Recovery Properties, Ltd. V Partnership 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 710 11th Avenue, Suite 202, Greeley, CO 80631 email: overmyrs@weldgov.com Any such notice or communication shall be deemed to have been given on (i) the day such notice or communication is personally delivered, (ii) the day such notice or communication is mailed by prepaid certified mail as shown by the receipt given therefor, or (iii) 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, 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. 24. 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. 25. 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. 26. MISCELLANEOUS. (a) This Lease shall be construed and enforced in accordance with the laws of the State of Colorado. (b) Tenant shall not record this Lease or a memorandum hereof without the prior written consent of Landlord, which consent may be conditioned upon receipt by Landlord of a quitclaim deed in recordable form which Landlord may place of record upon the termination of this Lease. (c) 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 facsimile or electronic transmission and the same shall constitute delivery of this Lease with respect to the delivering party. If a variation or discrepancy among counterparts occurs, the copy of this Lease in Landlord's possession shall control. (d) Time is of the essence hereof. (e) 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. (f) 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 materials and exhibits described below and attached hereto are made a part of this Lease by reference: SCHEDULE 1 SCHEDULE 2 RULES AND REGULATIONS SPACE PLAN (g) 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 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. (h) The captions of each paragraph 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. (i) 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. (j) 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. 27. 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, such hold -over shall constitute and be construed as a tenancy from month -to -month only, but otherwise upon the same terms and conditions contained herein. Such tenancy shall continue until Landlord or Tenant shall have given to the other at least two (2) month's written advance notice of an intention to terminate such tenancy. 28. SURRENDER. Tenant shall, upon the termination of this Lease, surrender the Leased Premises in good repair and in a clean and sanitary condition, reasonable wear and tear excepted. 29. JANITORIAL SERVICE. Landlord, without charge, agrees to vacuum carpeted areas in the Leased Premises as required (or approximately once per week) and to empty wastepaper baskets in the Leased Premises daily, during weekdays. 30. ENERGY CONSERVATION. Tenant will assist Landlord in the goal of conserving energy at the Building Complex by supporting, whenever reasonably practical, the following measures: (a) Tenant shall turn off lights when departing the Leased Premises for a period of more than thirty minutes. (b) Tenant shall turn off machinery and appliances such as computer equipment, typewriters, and coffee warmers when not in use. (c) Tenant shall not install refrigerators or similar equipment in the 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 occasioned by the operation of such equipment). (d) Tenant shall control the solar load in the Leased Premises by closing its window coverings during periods of direct sunlight and when departing the Leased Premises for extended periods. 31. 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 ninety (90) day written notice. 32. TENANT'S COMMUNICATION AND INFORMATION TECHNOLOGY IMPROVEMENTS. Tenant, at its cost exclusively, shall install and maintain telephone and/or data connections, and/or such other communication or information technology improvements, as determined necessary by Tenant for the authorized use and enjoyment of the Leased Premises. In support hereof, Tenant shall be allowed to run its communication cabling through an existing roof penetration (located in 3rd floor closet area) and to extend this cabling across such areas of the roof necessary to connect it with Tenant's antenna (located on exterior side of south east corner of east cupola of building). 33. LANDLORD'S ABANDONMENT OF RECEPTION AREA FURNITURE. Pursuant a prior lease agreement between Landlord and Tenant, Landlord agreed to provide two chairs, one loveseat and one coffee table for the reception area of the Leased Premises. Effective with the execution of this Lease, such property (to the extent it still exists and is in Tenant's possession) shall be deemed abandoned by Landlord and become the sole property of Tenant. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease the day and year first above written. TENANT: ATTEST: do'046440%) v:, -J BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By: Deputy Cle By: Mike Freeman, Chair OCT 2 1 2020 LORD: COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSHIP By: M. Tyler Not e e, as Manager of Thomas & Tyler, LLC (General Partner) 02002o- J</7 SCHEDULE 1 RULES AND REGULATIONS Except as otherwise provided in any provision of this Lease the following Rules and Regulations shall apply: 1. The sidewalks, entrances, halls, corridors, elevators and stairways of the building and Building Complex shall not be obstructed or used as a waiting or lounging place by tenants, and their agents, servants, employees, invitees, licensees 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 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 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. 3. Landlord will furnish each tenant with two (2) keys 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 in the building. 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, (iv) cause or permit any unusual or objectionable odor to be produced or permeate from its leased premises (including, without limitation, duplicating or 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, desk -top office equipment, including desk -top computers and copiers, typewriters, facsimile machines, printers or other similar equipment used in connection with standard office operations), 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, (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 in the building, 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. 10. No tenant shall store or use in or about its leased premises any (i) ether, naphtha, phosphorous, benzol, gasoline, benzine, petroleum, crude or refined earth or coal oils, flashlight power, kerosene or camphene, (ii) any fluid, gas or material of any kind that is flammable, combustible or explosive, or (iii) any fluid, gas or material of any kind having an offensive odor. 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 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, 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 for the limited purpose of installing, maintaining and operating an antenna, or antennas, shall be permitted on the roof of the building. Any such tenant having an authorized antenna on the roof of the building 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 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 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. 19. A tenant shall not in any manner use the name of the building for any purpose other than that of the business address of such tenant, or use any picture or likeness of the building, 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 or 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 tenant's associates, employees, agents and any other person entering the building 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, and to make additional reasonable rules and regulations, as in Landlord's reasonable judgment may from time to time be needed for the safety, care, cleanliness and preservation of good order of the building and Building Complex; provided that the same shall be non-discriminatory and applied consistently to all tenants in the building. Men Women 1 DO uP n � I NORTH Elect 5l RAMP UP —i uP D0 uP SECOND FLOOR DLAN THE GREELEY BUILDING 710 11th Avenue 1DWG: GB Floor 2A Contract Form Entity Information New Contract Request Entity Name* Entity ID* COLORADO RECOVERY PROPERTIES, @00026905 LTD V PARTNERSHIP Contract Name* COLORADO RECOVERY PROPERTIES, LTD V PARTNERSHIP (LEASE AGREEMENT - FAMILY SUPPORT AND VISITATION CENTER ) Contract Status CTB REVIEW New Entity? Contract ID 4172 Contract Lead* CULLINTA Contract Lead Email cu I linta@to.weld.co.us;cobb xxlk@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* LEASE AGREEMENT FOR SPACE UTILIZED FOR FAMILY SUPPORT AND VISITATION CENTER. $4,670.00 PER MONTH FOR THE TERM OF 11/01/20-10i 31 /23. Contract Description 2 Contract Type* AGREEMENT Amount* $168,120.00 Renewable* NO Automatic Renewal Grant Department HUMAN SERVICES Department Email CM- HumanServices@weldgov.co m Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM - C OU NTYATTORN EY@WELDG OV.COM Requested BOCC Agenda Date* 10/28/2020 Due Date 10/24/2020 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 Review Date* 09/01/2023 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAMIE ULRICH DH Approved Date 10/14/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/21/2020 Originator CUWNTA Contact Type Committed Delivery Date Contact Email Finance Approver CHRIS D'OVIDIO Expiration Date* 10/31/2023 Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 10/16/2020 Tyler Ref # AG 102120 Legal Counsel GABE KALOUSEK Legal Counsel Approved Date 10/19/2020 Hello