HomeMy WebLinkAbout20173758RESOLUTION
RE: APPROVE LEASE AGREEMENT AMENDMENT (THE GREELEY BUILDING) 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 Agreement Amendment (The
Greeley Building) 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, 2017, and ending
October 21, 2020, with further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said 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 Agreement Amendment (The Greeley Building) 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 amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of November, A.D., 2017.
ATTEST: datiLeA).,Gto; ei
Weld County Clerk to the Board
e(51.
ounty AttorneyJA-41(-41--/-CYL—
arbara Kirkmeyer
Date of signature: l I M7117
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BOARD OF COUNTY COMMISSIONERS
WELD C UNTY, CO RADO
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Julie A. ozad, Chair
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Steve Moreno, Pro-Tem
can P. Conway
2017-3758
HR0088
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PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: October 27, 2017
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Weld County Department of Human Services'
Amendment to Lease Agreement with Recovery
Properties, Ltd., V. Partnership
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 Amendment to Lease Agreement with Recovery
Properties, Ltd., V. Partnership. This Amendment to Lease Agreement is for rent of space in The
Greeley Building for the Division of Child Welfare's Parent Education Center. The original lease was
entered into in 2008, with additional amendments since that time, to extend. The most recent amendment
expires October 31, 2017. Colorado Recovery Properties submitted a proposal to extend the lease five (5)
years, through 2022. Under review and recommendation of Don Warden and the Department of Law, the
lease is being extended for three (3) years, commencing November 1, 2017, and ending October 31, 2020.
The following rates apply:
$4,445.00 per month for the period from November 1, 2017, until October
31, 2018.
$4,555.00 per month for the period from November 1, 2018, until October
31, 2019.
$4,670.00 per month for the period from November 1, 2019, until October
31, 2020.
I do not recommend a Work Session. I recommend approval of this Amendment to Lease Agreement.
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Approve Schedule
Recommendation Work Session
Other/Comments:
Pass -Around Memorandum; October 27, 2017 — CMS 1525 Page 1
AMENDMENT TO LEASE AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, STATE OF COLORADO BY AND ON
BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND
COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSHJP
This Amendment, made and entered into the 26 day of October 2017, by and
between the Board of Weld County Commissioners, by and on behalf of the Weld County
Department of Human Services. hereinafter referred to as "Lessee," and Colorado Recovery
Properties, Ltd. V Partnership hereinafter referred to as "Lessor."
WITNESSETH
WHEREAS, the parties originally entered into a Lease on September 1, 2008, for office
space and parking spaces at the Greeley Building, located at 710 11th Avenue, Greeley, Colorado,
80631; and
WHEREAS, the Lease was subsequently modified by the Amendment to Lease
Agreement Between the Board of County Commissioners, Weld County, State of Colorado,
By and On Behalf of The Weld County Department of Human Services and Colorado
Recovery Properties, Ltd. V Partnership. dated September I, 2010; and
WHEREAS, the Lease was subsequently modified by the Amendment to Lease
Agreement Between the Board of County Commissioners, Weld County, State of Colorado,
By and On Behalf of The Weld County Department of Human Services and Colorado Recovery
Properties. Ltd. V Partnership. dated September 28, 2011; and
WHEREAS, the Lease was subsequently modified by the Amendment to Lease
Agreement Between the Board of County Commissioners, Weld County, State of Colorado,
By and On Behalf of The Weld County Department of Human Services and Colorado Recovery
Properties. Ltd. V Partnership. date December 15, 2014; and
WHEREAS, the parties desire to extend the term of their current Lease agreement,
as previously amended, by and through this Amendment; and
WHEREAS, the Weld County Department of Human Services has currently budgeted
and otherwise made available funds through the current fiscal year; and
WHEREAS, the Lessor acknowledges that the Lessee is a governmental entity, and as
such, may not receive the funding needed in subsequent fiscal years to pay the lease amount in
which case Lessee would be compelled to terminate this lease early pursuant to the terms
of the Lease agreement.
NOW THEREFORE. In consideration of the premises, the parties hereto covenant and
agree asfollows:
alD, 7-07a
FINANCIAL OBLIGATIONS OF THE PARTIES
The following Lessee financial obligations shall supplement the terms set forth in
the original Lease agreement:
A. The building space and parking spaces specified in the original Lease
agreement shall be leased to the Lessee from November 1, 2017, through
October 31, 2020, at and for a rental, forthe full term aforesaid, of One
Hundred Sixty -Four Thousand, Forty Dollars and no/100 ($164,040.00).
Said rent shall be payable in monthly installments as follows:
I. FourThousand Four Hundred and Forty -Five Dollars and no/100
($4,445.00) per month for the period from November 1, 2017,
until October 31, 2018.
2. Four Thousand Five Hundred and Fifty -Five Dollars and no/100
($4,555.00) per month for the period from November 1, 2018, until
October 31, 2019.
3. Four Thousand Six Hundred and Seventy Dollars and no/100
($4,670.00) per month for the period from November 1, 2019, until
October 31, 2020.
B. Each monthly installment shall be payable in advance on or before the first
day of each calendar month during said term at the office of the Lessor.
II. INTEGRATION
This Amendment together with the original Lease Agreement, the
Amendments dated September 1, 2010; September 28, 2011; and
December 14, 2014; constitute the entire understanding among the parties
with respect to the subject matter hereof, and may not be changed or
modified except as stated in the Lease Agreement.
2
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,
month, and year first above written.
LESSEE:
ATTEST: ddrAyt) G: ;ok BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
By
Deputy CI
Julie Cozad, Chair
LESSOR:
1 2017
Colorado Recovery Properties, LTD. V Partnership
P.O. Box 535
Greeley, CO 80632
By:
Date:
M. Tyler Notestine,1Glhnager
Thomas & Tyler, LLC (General Partner)
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