HomeMy WebLinkAbout20162954.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR USE OF SPACE IN COUNTY BUILDING (SOUTHWEST
SERVICES BUILDING) AND AUTHORIZE CHAIR TO SIGN - UPSTATE COLORADO
ECONOMIC DEVELOPMENT, INC.
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 an Agreement for Use of Space in County
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 Buildings and Grounds, and
Upstate Colorado Economic Development, Inc., commencing September 2, 2016, and ending
July 31, 2018, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said 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 Agreement for Use of Space in County Building (Southwest Services
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 Buildings and Grounds, and
Upstate Colorado Economic Development, Inc., be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of September, A.D., 2016, nunc pro tunc September 2, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: WsdeAtiv
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Weld County Clerk to the Board
BY: (2 .
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ounty Attorney
Date of signature: IO/ 13/(Co
Mike Freeman, hair
Sean P. Co way, Pro-Te
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Julie A. Cozad (�
Steve Moreno
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2016-2954
BG0018
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
September 14, 2016
To: Board of County Commissioners
From: Toby Taylor
Subject: Upstate Lease
This lease is for the Upstate Colorado Economic Development to use a room in our Southwest Services
Center for a continuing flood recovery program. This agreement is for a lease from September 2, 2016
through July 31, 2016 at no costs. Buildings & Grounds is recommending approval of the lease.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2016-2954
AGREEMENT FOR USE OF SPACE IN COUNTY BUILDING
THIS AGREEMENT is made and entered into this 2nd day of September, 2016, by and
between the County of Weld, a political subdivision of the State of Colorado, by and through the
Board of County Commissioners of the County of Weld, whose address is P.O. Box 758, 1150 O
Street, Greeley, CO 80632, hereinafter referred to as, "County," and Upstate Colorado
Economic Development, Inc., whose address is 822 7th Street, Suite 550, Greeley, CO 80631,
hereinafter referred to as, "Upstate." County and Upstate are also referred to herein as "Party,"
and collectively as "the Parties."
WITNESSETH:
WHEREAS, Upstate has been using Conference Room A in County's Southwest
Building, located at 4209 WCR 24.5, Firestone, Colorado, since September or October, 2013, to
assist in providing services to person affected by the flooding which occurred on September 11-
13, 2013, and
WHEREAS, Upstate is currently pursuing a new grant to provide additional services
through July 31, 2018, and desires to continue the use of said Conference Room A, and
WHEREAS, County is agreeable to said use by Upstate in accordance with the following
terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties agree as follows:
1. USE OF ROOM: Upstate may continue to use Conference Room A in County's
Southwest Building, located at 4209 WCR 24.5, Firestone, Colorado, to and until July 31,
2018, for the purpose of administering the Grant. Upstate agrees to exercise reasonable
care and caution and no more than normal wear and tear in said use. Any keys to
Conference Room A and/or the exterior doors shall be returned to County upon
termination of this Agreement. Said use shall be free of charge.
2. TERMINATION: Either Party may terminate this Agreement upon sending notice to the
other Party and received at least thirty (30) days prior to the anticipated date of
termination.
3. INSURANCE: Upstate shall pay for personal property insurance for all contents of
Conference Room A. Insurance for the building and premises shall be paid for by
County.
4. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the Parties hereto.
020/6 -02 95L
1
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all rights
of action relating to such enforcement, shall be strictly reserved to the undersigned
Parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned Parties that any entity other than the undersigned Parties
receiving services or benefits under this Agreement shall be an incidental beneficiary
only.
6. MODIFICATION AND BREACH: This Agreement contains the entire agreement and
understanding between the Parties to this Agreement and supersedes any other
agreements concerning the subject matter of this transaction, whether oral or written. No
modification, amendment, novation, renewal, or other alteration of or to this Agreement
shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon
in writing by the undersigned Parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be in
writing and signed by the Party claimed to have waived or consented. Any consent by
any Party hereto, or waiver of, a breach by any other Party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
7. NO ASSIGNMENT: Neither Party may assign this Agreement without the consent of
the other Party.
or
IN WJ1'NESS WHEREOF, the parties hereto have signed this Amendment this o J day of
, 2016.
ATTEST: .„,drilLev ;‘,k, COUNTY OF WELD, a political
Weld County Clerk to the Board
subdivision of the State of Colorado
By: '���.�!!i/';' 1��► By:
Deputy C k to he Bo
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Mike Freeman, Chairman $Ep 2 12016
Board of County Commissioners
of the County of Weld
pstate Colorado Economic Development,
Inc.
By: K oJ U3.c _ -tf CF3
Richard Werner, PresidP'.'`
ent and CEO
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RE:LEASE FOR SOUTHWEST SERVICES CENTER - UPSTATE COLORADO ECONOMIC
DEVELOPMENT
AP :OVEN A TQ-FUNDI
Controller
AP
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County Attorney
APPROVED AS TO SUBSTANCE:
Ele6ed Official or Department Head
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Director of General Services
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