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HomeMy WebLinkAbout20180547.tiffRESOLUTION RE: APPROVE LEASE AMENDMENT (822 7TH STREET, GREELEY) AND AUTHORIZE CHAIR TO SIGN 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 Amendment (822 7th Street, 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 Buildings and Grounds, and the Colorado Department of Labor and Employment, Division of Vocational Rehabilitation, commencing March 1, 2018, and ending June 30, 2021, with further terms and conditions being as stated in said lease amendment, and WHEREAS, after review, the Board deems it advisable to approve said lease amendment, 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 Amendment (822 7th Street, 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 Buildings and Grounds, and the Colorado Department of Labor and Employment, Division of Vocational Rehabilitation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said lease amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of February, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddeAdv W; ei Weld County Clerk to the Board BY: Deputy Clerk to th APPR • -J AS TO ounty "orney Date of signature: 3-/3-/$ Steve Moreno, Chair ,,,/,,,„, rbara Kirkmeyer; ie A. Cozad Mike Freeman 11'l., -R.1 , - cc: SGCTTf9 ) 03-29-t8 2018-0547 BG0020 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 February 14, 2016 To: Board of County Commissioners From: Toby Taylor Subject: Vocational Rehab Lease The State of Colorado Department of Labor and Employment, Division of Vocational Rehabilitation are current tenants in our building located at 822 7th Street. This agreement is for a lease from March 1, 2018 through June 30, 2021. The rental rate is for $15.81 per rentable square foot with a 3% consumer price index increase for each State fiscal year period. Buildings & Grounds is recommending approval of the lease. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2018-0547 a/al 116,vkso March 26, 2018 COLORADO Department of Labor and Employment County of Weld Building a Grounds Attn: Toby Taylor 1150 0 Street Greeley, CO 80631 Ms. Taylor, Office of Procurement and Contract Services 633 17th Street, Suite 1100 Denver, CO 80202-3660 Enclosed, please find an original copy of the Second Amendment to Lease for the Division of Vocational Rehabilitation for office space at 822 7th Street #350 in Greeley. An electronic PDF copy was sent to you via email this morning. If you have any questions or comments, please do not hesitate to ask. James D. Smith Contracts Manager Procurement and Contract Services 303.318.8878 lamesd.smith@state.co.us 633 17th Street, Suite 1100, Denver, CO 80202-3660 P 303-318-8067 I www.colorado.gov/cdle 0 76 XO18'-09{ 7 .:;)c--3c�J�� STATE OF COLORADO DEPARTMENT OF PERSONNEL AND ADMINISTRATION OFFICE OF THE STATE ARCHITECT REAL ESTATE PROGRAMS STANDARD LEASE AMENDMENT [IMPROVED REAL PROPERTY] LANDLORD County of Weld TENANT State of Colorado, Department of Labor and Employment, acting by and through the Division of Vocational Rehabilitation LOCATION 822 7th Street #350, Greeley, Colorado 80631 QOt -O517 C O SECOND AMENDMENT TO LEASE The printed portions of this form, except bold additions, have been approved by the State of Colorado Attorney General THIS SECOND AMENDMENT TO LEASE, made and entered into this x'713+ day of Fre.b. , 20 1st', for the purpose of amending that certain lease dated March 25, 2016 and amended by First Amendment to Lease dated March 8, 2017, (the "Lease"), by and between County of Weld, as "Landlord", and THE STATE OF COLORADO, acting by and through the DEPARTMENT OF LABOR AND EMPLOYMENT, ACTING BY AND THROUGH THE DIVISION OF VOCATIONAL REHABILITATION, as "Tenant", relating to the leasing of a portion of the building located at 822 7th Street, #350, Greeley, Colorado, 80631 (the "Building"), comprised of one thousand six hundred eighty-six (1,686) rentable square feet. WHEREAS, Authority to enter into this Lease exists in the Law, and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. WHEREAS, by this Second Amendment to Lease, the parties agree to amend the Lease: 1) extend the term of the Lease for an additional forty (40) months commencing March 1, 2018 through June 30, 2021; 2) stipulate the Monthly Rent for the extended term; 3) specify the tenant improvements to be performed by Landlord in connection with this Second Amendment. NOW, THEREFORE, Landlord and Tenant in consideration of the mutual promises contained herein, hereto agree to amend the Lease as follows: 1. Article 1(B), PREMISES, TERM, RENT in part, shall be amended, for the term of this Second Amendment as follows: (B) TO HAVE AND TO HOLD the same, together with all appurtances, unto Tenant, for the term beginning the later of March 1, 2018 or the date the Colorado State Controller approves this Second Amendment ("Commencement Date"), and ending June 30, 2021, at and for a monthly rental (the "Monthly Rent") for the full term as shown below: TERM 03/01/2018-06/30/2018 07/01/2018-06/30/2019 07/01/2019-06/30/2020 07/01/2020-06/30/2021 ANNUAL RENT/RSF $15.81 $21.64 $22.11 $22.60 REAL ESTATE PROPERTY TAXES/RSF $0.00 $0.00 $0.00 $0.00 ADJUSTED TOTAL ANNUAL MONTHLY TERM RENT/RSF RENT RENT $15.81 $2,221.31 $8,885.24 $21.64 $3,040.42 $36,485.04 $22.11 $3,106.46 $37,277.52 $22.60 $3,175.30 $38,103.60 2. CONSTRUCTION BY LANDLORD. In connection with this Second Amendment to Lease, Landlord agrees, at Landlord's cost and expense, to provide to Tenant certain "turnkey" leasehold improvements (the "Tenant Improvements"). The Tenant Improvements include and are limited to the items listed on the Choice Builders Proposal dated October 27, 2017 as attached hereto as Exhibit A. The cost of Tenant Leasehold Improvements is Twenty -Nine Thousand Five Hundred and 00/100ths Dollars ($29,500.00) shall be at Landlord's cost and expense. Form —Amendment to Improved Real Property Lease Page 1 of 3 Rev. 7/2015 aotg-0S'f1CI) Landlord shall coordinate and administer all activites of the contractor(s) in the performance of the Tenant Improvements. Landlord shall have the sole responsibility and liability to obtain all lien waivers from contractor(s) and subcontractor(s) performing the Tenant Improvements. The services provided by Landlord under this paragraph 2 shall be performed at no cost to Tenant. Landlord and Tenant acknowledge that Tenant is currently occupying the Premises. Landlord and Tenant understand and agree that the work to construct the Tenant Improvements will be performed after normal business hours and/or weekends as possible. Tenant understands that its operations may be temporarily inconvenienced; however, Landlord and Tenant agree to cooperate with one another in a reasonable manner to schedule the work performed hereunder to minimize the impact on Tenant's operations. Landlord shall be responsible to move Tenant's furniture and equipment as required to perform the Tenant Improvements. Landlord will move all items back when Tenant Improvements are complete. All items of a personal nature shall be boxed up and moved by Tenant in order for Landlord to perform the Tenant Improvements. Tenant shall be responsible for moving computer equipment, copy/fax machines and any other electronic equipment. Notwithstanding any other provision of this Second Amendment to Lease, in the event the Tenant Improvements are not complete by the earlier of 1) April 30, 2018 or 2) 60 days from the date this Second Amendment is fully executed, then Tenant's monthly rent shall be reduced by $27.30 per day until Tenant Improvements are complete. In connection with the requirements of this paragraph 2, Landlord and Tenant agree that Tenant shall act only through its authorized representative ("Tenant's Authorized Representative") for all inquiries, requests, instructions, correspondence, approvals or communications with respect to said Tenant Improvements. Landlord may rely only on all approvals, requests, instructions, or other information obtained from Tenant's Authorized Representative. Tenant's Authorized Representative shall be: Ronald E. Minks Director -Facilities & Special Projects Colorado Department of Labor and Employment Phone: 303.318.9360 Cell: 303.210.3059 Email: Ronald.MinksAstate.co.us Tenant may change Tenant's Authorized Representative by written notice to Landlord given in accordance with the notice requirements of the Lease. 3. Order of Precedence. The provisions of the Lease shall govern the relationship of the State and Landlord. In the event of conflicts or inconsistencies between the Lease and this Second Amendment such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: The provisions of this Second Amendment to Lease, ii. The provisions of the First Amendment to Lease, iii. The provisions of the main body of the Lease. Except as modified by the provisions of this Second Amendment to Lease, all other terms and conditions in the Lease are hereby ratified and confirmed and remain in full force and effect. The effective date of this Second Amendment to Lease is March 1, 2018 or the date signed by the State Controller or his designee, whichever is earlier. In accordance with the requirements of 24-30-202 (1) C.R.S., as amended, this Second Amendment to Lease shall not be deemed valid until it has been approved by the State Controller, or such assistant as he may designate. Form — Amendment to Improved Real Property Lease Page 2 of 3 Rev. 7/2015 IN WITNESS WHEREOF, the Parties hereto have executed this Lease LANDLORD COUNTY OF WELD By: Steve Moreno Chair, Board of Weld County Commissioners Date: FEB 21201$ REAL ESTATE PROGRAMS STATE OF COLORADO John W. Hickenlooper, Governor DEPARTMENT OF PERSONNEL & ADMINISTRATI Office of State Arch' t, For the E entive Direct By: Date: 4.977‘7,e74; OFFICE OF RISK MANAGEMENT STATE OF COLORADO John W. Hickenlooper, Governor DEPARTMENT OF PERSONNEL & ADMINISTRATION For the Executive Director By: State Risk Manager Date: LEGAL REVIEW DEPARTMENT OF LAW Cynthia Coffman, Colorado Attorney General ATTORNEY GENERAL (or authorized Delegate) By: Date: Form - Amendment to Improved Real Property Lease Rev. 7/2015 TENANT STATE OF COLORADO John W. Hickenlooper, Governor The De artment of La nd Employment Kristiy C rash, Inter' Exe uVve Director By: L Ste Anton, Director Division of Vocational Rehabilitation Date: —V b ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER: CRS 24-30-202 requires that the State Controller approve all State contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The Landlord is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the good and/or services provided. STATE OF COLORADO John W. Hickenlooper, Governor STATE CONTROLLER'S OFFICE State Contrgkor authorized Delegate) By: Date: Page 3 of 3 3ly41 n, State Controller Delegate a0ig-0547 CO RE: VOCATIONAL REHAB LEASE APPROVED AS XO-SUBSTANCE: Elected Official or Department Head APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: Cou ty Attorney EXHIBIT A Proposal Choice Bniiderss Date: 10-27-17 2125 9th St. Proposal #1-17 Greeley, Colorado 80631 19701302-7796 Fax: 378-2523 To: Cushman Wakefield Job Location: 445 Union Blvd., Suite 101 822 7t° St. Lakewood, Co 80228 Greeley, Co Attn: Erin Capoccia Chase Tower 3rd floor Email: Vocational Rehab, Suite 350 Description of Work: We hereby propose to remove the front counter/bar wall and replace with L shaped wall with a window and a door. Our Price includes 1. Demo. bar wall, and misc. drywall for new hardware 2. Metal stud framing in new wall 3. R-11 sound insulation in new wall 4. Drywall 5/8" drywall each side of new wall, hang, finish and texture 5. Supply and install new 3'0x7'0 LH hollow metal frame with oak door 6. Supply and install 4'x4'hollow metal window frame with pass-thru at bottom of jamb and a speak-thru hole in the glass. 7. Supply and install ADA operator on entry door, electric strike on new door, and key pad for back door 8. Paint office walls, one color (minimum furniture movement in offices) 9. Have carpet cleaned (minimum furniture movement) 10. Install blinds on office door windows 11. Rubber base on new wall 12. Electrical: 1 data, 1 outlet, power to ADA operator, light relocate Note: Electrical by Spring Creek Electric, Door hardware supplied and installed by Greeley Lock and Key Exclusion: Heat/AC, fire alarm and fire sprinklers, telecommunication, building permit All work to be preformed and completed in a substantial work like manner for the sum of Twenty Nine Thousand Five Hundred Dollars ($29,500.00). Payment to be made in two installments. 1" payment of S13,000.00 due when material is ordered and work begins. 2°d payment of $16,500.00 due at completion of proposed work. Any alteration or deviation from specifications involving cost will become an extra charge over and above the estimate. Owner to carry fire and other necessary insurances an above work. Liability insurance on above work to be taken out by Choice Builders Inc. Rcspectfjdly Sufi fitted by oiee Builders Inc. Per Levz�. The above price, specification and onditiopsare satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined Accepted/Dated Signature A-1 Hello