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Home My WebLink About20201056.tiffRESOLUTION RE: APPROVE SHORT-TERM LEASE AGREEMENT OF THIRTY (30) APARTMENTS (HERITAGE 2 BUILDING, BONELL COMMUNITY, GREELEY, COLORADO) FOR USE AS ALTERNATIVE CARE FACILITY AND AUTHORIZE CHAIR TO SIGN - EVANGELICAL LUTHERAN GOOD SAMARITAN - BONELL COMMUNITY 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 Short -Term Lease Agreement of Thirty (30) Apartments (Heritage 2 Building, Bonell Community, Greeley, Colorado) for Use as an Alternative Care Facility between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Evangelical Lutheran Good Samaritan — Bonell Community, commencing April 8, 2020, and ending June 7, 2020, with further terms and conditions being as stated in said short-term lease agreement, and WHEREAS, after review, the Board deems it advisable to approve said short-term 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 Short -Term Lease Agreement of Thirty (30) Apartments (Heritage 2 Building, Bonell Community, Greeley, Colorado) for Use as an Alternative Care Facility between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Evangelical Lutheran Good Samaritan — Bonell Community, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said short-term lease agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of April, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditAilo jdea;e1 Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS T y Attorney Date of signature: /I/2O Mike Freeman, Chair Steve Moren , Pro-Tem Scott K. a es ara Kirkmeyer Kevin D. Ross cc: CR(55), oEM(RR) HL(riw), Rd-t(gUci) /2.61 /.1.O 2020-1056 BC0054 SHORT-TERM LEASE AGREEMENT OF THIRTY (30) APARTMENTS, HERITAGE 2 BUILDING, BONELL COMMUNITY, GREELEY, COLORADO. FOR USE AS ALTERNATIVE CARE FACILITY /4 THIS SHORT-TERM LEASE AGREEMENT ("Lease") is made and entered into this day of April, 2020, by and between The Evangelical Lutheran Good Samaritan Society — d/b/a Good Samaritan Society - Bonell Community, whose address is P.O. Box 1508, 708 22nd Street, Greeley, CO 80631("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"). 1. Premises & Purpose. a. Premises. Lessor hereby leases to Lessee and Lessee hereby leases and takes from Lessor for the term of the rental and upon all terms, covenants, and conditions set forth herein, that area defined as the "Heritage 2 Building" located at 622 23rd Street, Greeley, Colorado, hereinafter referred to as the "Premises." Lessee understands and agrees that this Lease is for the Premises, only. The Premises includes thirty (30) apartments. b. Purpose. Lessor understands and acknowledges that Lessee intends to use the Premises as an Alternative Care Facility for the purpose of housing COVID 19 positive patients during their isolation. Lessee shall provide all management and security of the Premises during the term of this Lease, including all care and feeding of the patients who occupy the apartments. Lessee shall implement all available measures to prevent COVID 19 infection between patients of the Alternative Care Facility and any Lessor patients, residents or employees who may be residing at or who may work at other facilities on the same campus wherein the Premises are located. Lessee shall comply with all statutes, codes, ordinances, orders, rules, guidelines, and regulations of any municipal or governmental entity regarding the operation of Lessee's business and the use, condition, configuration and occupancy of the Premises. c. Parking. Lessee and Lessee's staff, agents and contractors shall only use the following parking lots during the term of this Agreement as also highlighted in the diagram incorporated into this Agreement as Exhibit "A:" i. Parking lot behind Heritage Commons (Heritage I). ii. Covered parking in front of Heritage 2. iii. Uncovered parking in front of Heritage 2. 2. Term. The term of this Lease shall be for a period of sixty (60) days from April 8, 2020, to and until June 7, 2020. 3. Rent. Lessee shall pay the Lessor as rent for the use of the Premises the amount of ten and no/100 dollars ($10.00) per -day per -apartment, for a total of $18,000 for the use of the entire Premises for the entire term hereof, due on the date of execution of this Lease. Rent shall Page 1 of 7 Pages O,2OO7O /40,,'La include all utilities, such as water, sewer and electricity Trash removal shall be arranged and paid for by Lessee 4 Repau. Maintenance and Insurance a Certain repairs and cleaning in the apartments are necessary to be made prior to occupancy Such repairs are detailed in the attached Exhibit "B," which is incorporated into this Lease All costs associated with the repairs and cleaning shall be paid by Lessee All leasehold improvements shall remain upon the Premises at the end of the term without compensation to the Lessee Lessor, however, may require Lessee, at its expense, to remove any alterations that, in Landlord's reasonable judgment, are not standard improvements and are of a nature that would require material removal Lessee shall not permit mechanic's or other liens to be placed upon the Premises in connection with any work purportedly done by or for the benefit of Tenant b The Premises shall be maintained in its present condition by the Lessee at Lessee's expense Upon termination of this Lease, the Premises shall be cleaned and sterilized in accordance with CDC guidelines at Lessee's expense c Lessee shall submit to Lessor prior to occupancy of the Premises a certificate of insurance providing third -party liability coverage in the amount of $1,000,000, to be maintained during the life of the Lease and naming Lessor as an additional insured Lessee shall pay for and keep insured all buildings, structures and improvements on the Premises against loss or damages by fire, lightning, windstorm, explosion and/or all other extended coverage risks ordinarily insured against by standard policies of insurance 5 Assignment and Subletting Lessee shall not have the right to assign this Lease or sublease all or a part of the Premises 6 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 7 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 8 Termination This Lease shall terminate upon the earlier of a 11 59 p m on June 7, 2020, or Page 2 of 7 Pages b Notification by Lessee of Lessee's intention to vacate the Premises prior to the end of the lease period 9 Seveiability Choice of Law The invalidity or =enforceability 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 Waiveis 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 Entice 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 these 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 Attorney's Fees If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to his reasonable attorney's fees to be paid by non -prevailing party as determined and fixed by the court 15 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 Page 3 of 7 Pages beneficiary only. 16. 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. 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: THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY D/B/A GOOD SAMARITAN SOCIETY - BONELL COMMUNITY By: Title: Bill Marlette, Treasurer LESSEE: ATTEST: dirifdiv zlego;ok, WELD COUNTY Clerk to the Board COUNTY OF WELD, STATE OF COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD By: /Left Page 4 of 7 Pages Mike Freeman, Chair 02.90,2a-/col_r EXHIBIT "A" DESIGNATED PARKING A ,M4. Con timair7 ra'nu d V,titnr Parking C Empire. Packing D Flom: Moist! Room F Fiats ...... 8.441 W. e.. F Town A{w*menu/ Cozy Corner O Ctr.ben One 1$ (larger lbwifmgt Few Flys-Tie (1.>u ‘oral f nw - T W l%e. Thin! Mae -The Na t t Nelk DeYeut PrttHt. Mr ter, J w>abt F'&nwh4 I till K HrixgtaaJ -a C Earn L Al Sac Csle 14 Mamor Astwol Ling N Clrck Apanu nn 610 21nd Sae:. 01611C" Apttwttntun 607 23rd Straw P Roensoon Cesar 6 i7 ilrA Sweet Q Wert Raw ,4surrotr is All 1.114 Sure R Fart RS/ Apartw.ertr d l 7 21d Serve S Rosewood Anise{ I inter T Senior 1,1(elitew Crn try/ Wum Wsxr Tltentpy Ph.t1 U Wads Hain" ✓ Snore ofChttegr Wiikwry W Pritsbd Htald.ng NNtkor.R X E: ritedhd Sodding Lint Flaw - STAR Car Second Flax -The Aspens Third Floor -The Somme Y Regency l kais.gtr Apar*ser s 622 23161 Siren Z NeeirseC<twtrwvn. Ain minter, tint 23n; Stet AA Regency ',Mgt Arun main North Pair tr 2113 7th Armor 2 Wc,t I'otntc 1327 7t{i Arrnuc 3 but I'btrrtr Dupka 4 Simth Peirce (Cent Aps_-tmenn) Se L�r a...atwe 1.,.1,..Ar 4..r. Mal. SPIES rr.di►* aaf.. i ." • — w - w. ea.. J... - ease \mi. aaa.- A— — - -- • r • r. • - .. ----- W. Page 5 of 7 Pages ( land S4IHi'f11411 Sbeicty ikwau (' Oita .rn•rr (970)3C2 -60F2 7014 I2nd St • Gneiry C()I18611 www wwxl-Stem. corn EXHIBIT "B" REPAIRS From: David Burns <dburns@weldgov.com> Sent: Friday, April 03, 2020 4:24 PM To: Bruce Barker <bbarker@weldgov.com>; Elizabeth Relford <erelford@weldgov.com> Cc: Roy Rudisill <rrudisill@weldgov.com>; Don Warden <dwarden@weldgov.com> Subject: RE: Bonell Lease Agreement Hi Bruce — I've added an email chain with what Greeley has identified while inspecting Bonell. Hope this helps. From: Meintzer,David [mailto :drnei ntze @good-sam.com] Sent: Wednesday, April 1, 2020 9:57 AM To: Michael Fitzsimmons <Michael.Fitzsimrons@Greeleygov.com> Subject: [EXTERNAL] Re: Windridge II possible usage for Covid-19 patients That's fine Michael but we have to have the building to code which means ordering portable fire extinguishers for the first floor, putting batteries in the smoke detectors, and making sure the bathrooms are usable. This will take time and labor so if we move forward, I need to know asap. Will they clean the rooms prior to bringing patients? I do not have the staff to do do this with the added cleaning requirements going on now. Let me know. Thanks. From: Michael Fitzsimmons <Michael.Fitzsimmons CI,Greeleygov.com> Sent: Wednesday, April 1, 2020 9:50 AM To: Meintzer,David <dmeintze@good-sam.com>; Fitzgerald,Randy <rf tzger@good-sam.com>; Mertz,Ryan <rmertz@good-sam.com> Subject: [EXTERNAL] RE: Windridge II possible usage for Covid-19 patients Thanks Dave, I talked to Becky Safarik, Assistant City Manager, this morning and she talked to Dr. Mark Wallace, Weld County Dept of Health Director and he feels this could be an answer to his prayer. More information and what they are wanting will be clear once Dr. Wallace sends information to Randy about the proposal. I know Ryan said it best that this would be a great way Good Sam can help the community during this difficult time. Michael From: Meintzer,David [rnai1to:dmeintzegood-sarn.com] Sent: Wednesday, April 1, 2020 9:41 AM To: Fitzgerald,Randy <rfltzger@good-sam.com>; Mertz,Ryan <rmertz@good-sam.com>; Michael Fitzsimmons <Michael.Fitzsimmons@Grecleygov.com> Subject: [EXTERNAL] Windridge II possible usage for Covid-19 patients Page 6 of 7 Pages Hi all, I did a walk through this morning regarding the potential use of this building. Listed below are items that would need to be addressed before this could happen. Needs addressed: • Fire extinguishers removed from building. • Smoke detectors need new batteries. • Shower heads and faucets need checked. • Toilets ball cocks would need replaced in some bathrooms as they are not working. • Lighting would have to be checked as there are several bulbs not working. • All rooms would need a thorough cleaning as they are extremely dirty and no appliances. • Phone system has wires pulled from the switch boards. We would have to check that as well. Working: • Heat. • Water. • Lights. some bulbs out. • Elevator. This is a first floor inspection. I would assume we would want to keep patients on that floor. We can talk more at our meeting to clarify what would have to be done. v/r Dave Burns, CO-CEM, MEP, Coordinator Office of Emergency Management 1150 0 St. Greeley, Co 970-400-3993 Office 970-515-2541 Cell EMERGENCY MANAGEMENT I ounty LEPC / • rlocal Emergency ('tanning Committee Page 7 of 7 Pages I ®® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 4/6/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER Arthur J Gallagher Risk Management Services, Inc 6300 South Syracuse Way, Suite 700 Centennial CO 80111 ' CONTACT NAME Nathan Kathol PHONE 303-889-2548 FAX INC. No. Ext). I (A/c, No) 720-200-5118 n DRIESS Nathan Kathol@atg corn INSURER(S) AFFORDING COVERAGE NAIC # INSURERA Colorado Counties Casualty & Property Pool INSURED Weld County P O Box 758 Greeley, CO 80632 INSURER B Pennsylvania Manufacturers Assoc Ins Co 12262 INSURER C Various (See Attached) INSURER U INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 603807616 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE A DDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y PER PARTICIPATION CERT 1/1/2020 1/1/2021 EACH OCCURRENCE $250000 X I CLAIMS MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL 8, ADV INJURY $ 250 000 GEN L AGGREGATE LIMIT APPLIES PRO JECT PER LOC GENERAL AGGREGATE $ PRODUCTS COMP/OP AGG $ 250 000 $ A AUTOMOBILE X X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED X SCHEDULED AUTOS NON OWNED AUTOS ONLY PER PARTICIPATION CERT 1/1/2020 1/1/2021 COMBINED SINGLE LIMIT (Ea accident) $ 250 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS MADE 8220000951483 1/1/2020 1/1/2021 EACH OCCURRENCE $ 10,000 000 AGGREGATE $ 10 000 000 DED I X I RETENTIONS 9Sn flnn $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below N Y/N N /A I SPER TATUTE I 10TH E L EACH ACCIDENT $ E L DISEASE EA EMPLOYEE $ E L DISEASE POLICY LIMIT $ C A Excess Property Prop Mob Eq Auto PD XS See Attached PER PARTICIPATION CERT 1/1/2020 1/1/2020 1/1/2021 1/1/2021 BLDG 8. PP Member Ded = $500 $100 000 000 $150 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Evangelical Lutheran Good Samaritan Society — Bonell Community is an Additional Insured as respects general liability policy pursuant to and subject to the policy's terms, definitions, conditions and exclusions CERTIFICATE HOLDER CANCELLATION The Evangelical Lutheran Good Samaritan Society — Bonell Community Attn Michael Rogers P O Box 1508, 708 22nd Street Greeley CO 80631 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD COLORADO COUNTIES CASUALTY AND PROPERTY POOL - 1/1/2020 TO 1/1/2021 PROPERTY - LAYERED PROGRAM - POLICY NUMBERS, PARTICIPATION Primary $10;000,000 including Flood/Quake 2% Hail Ded/Per Building Auto Physical Damage Over the Road Sublimit $1 M Total Printry-La-1er _ $15,000,000 Excess of $10,000,000 Inc/ Flood/Quake Total Exess Layer $15M xs $10M $75,000,000 Excess of $25,000,000 Intl Flood/Quake Flood and Quake limits to $25M xs $25M) Total Excess Layer $75M xs $25M UWs at Lloyds (various)- - Colony Specialty Westchester Surplus (Lead) Allied World Colony Specialty Evanston (Markel) UWs at Lloyds (various) Westchester Surplus Lines Homeland Insurance Co of NY Excess Automobile Physical Damage - over the Road Endurance $4,000,000 excess $1,000,000 EW0039520, EW0039420 BPR1800013 D38095432003 031216751A XP20002 M KLV 11 XP007791 EW0039420 D38095432003 795011429 I M U 10012212602 $5,500,000_ $1,500,000 $2,000,000 $1,000,000 $10,000,000, o - $2,000,000 $4,750,000 $5,250,000 $3,000,000 $15,000,000 `fin $75,000,000 ; $75,000,000 $4,000,000 55% 15% 20% 10% 100% 13% 32% 35% 20% 100% 100% 100%u Hello