HomeMy WebLinkAbout20163431.tiffRESOLUTION
RE: APPROVE THIRD AMENDMENT TO OFFICE LEASE AGREEMENT FOR PARKING
AND AUTHORIZE CHAIR TO SIGN - JP MORGAN CHASE BANK
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 Third Amendment to Office Lease
Agreement for Parking 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 JP Morgan Chase Bank, commencing upon full execution of signatures, 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 Third Amendment to Office Lease Agreement for Parking 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 JP Morgan Chase Bank 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 7th day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dint.) G. •JC,4to• ei
Weld County Clerk to the Board
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
eputy Clerk to the Board �.•�� �'' %��
Attorney
Date of signature: < «t81. (Co
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2016-3431
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
November 3, 2016
To: Board of County Commissioners
From: Toby Taylor
Subject: JP Morgan Chase Bank Lease Amendment
JP Morgan Chase Bank are current tenants in our building located at 822 7th Street. This amendment
changes the eleven (11) parking spaces from being designated as customer only spaces to that of being
designated Chase employee spaces. Buildings & Grounds is recommending approval of the lease
amendment.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2016-3431
PID: 512534
THIRD AMENDMENT TO OFFICE LEASE AGREEMENT
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THIS AGREEMENT is made and entered into this day of " -° r ' 2016, by and
between the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereinafter referred to as "Landlord," and
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association,
hereinafter referred to as "Tenant".
WHEREAS, Landlord (or a predecessor -in -interest) and Tenant (or a predecessor -in -
interest) are parties to that certain Office Lease Agreement, dated December 27, 1999 ("Original
Lease"), as amended by that certain First Amendment to Office Lease Agreement, dated March,
2009 ("First Amendment"), and by that certain Second Amendment to Office Lease Agreement,
dated April 3, 2014 ("Second Amendment") (collectively, the "Lease"), , with Landlord's
predecessor in interest, CSA 19-Riverwalk Square LLC, leasing approximately 7,427 square feet
of office space in the building located at 822 7th Street, Greeley, Colorado 80631 ("Premises"),
and
WHEREAS, Landlord is the successor in interest to CSA19-Riverwalk Square LLC,
having purchased the Premises, and
WHEREAS, Landlord and Tenant mutually agree to amend the Lease to change certain
terms related to parking.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
AMENDMENT OF LEASE
1. Amendment to Section 15.17 — Tenant Parking
Section 15.17 of the Original Lease, as previously amended by Section 11 of the Second
Amendment shall be deleted and replaced, in its entirety, with the following:
Tenant Parking. Notwithstanding anything contained in the Lease to the contrary,
Landlord shall provide Tenant with eleven (11) parking spaces in the Annex
parking lot. Landlord and Tenant acknowledge and agree that any other
depictions of parking used by Landlord and Tenant prior to the date hereof are
void and of no further force and effect. In addition, four of these eleven parking
spaces will be signed designating them for Chase Parking only in accordance with
the location depicted in Exhibit B.
2. Exhibit B
Exhibit B of the Second Amendment shall be deleted and replaced, in its entirety with the
attached Exhibit B.
PID: 512534
3. Remaining Provisions Unchanged.
The remaining provisions within the Lease remain unchanged.
SPECIFIC PROVISIONS
4. Intentionally Deleted.
5. Validity of Landlord Interest.
Tenant, without duty of inquiry and to the best of its belief, acknowledges Landlord's
interest as owner of the Premises, and successor in interest to the Lease and all terms and
provisions thereof
GENERAL PROVISIONS
6. Governmental Immunity.
No term or condition of this contract 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 §§24-10-101 et seq., as applicable now or hereafter
amended.
7. No Third Party Beneficiary.
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.
8. Board of County Commissioners of Weld County Approval.
Landlord represents and warrants that this Agreement has been approved by the Board of
County Commissioners of Weld County, Colorado or its designee.
9. Choice of Law/Jurisdiction.
Colorado law, and rules and regulations established pursuant thereto, shall be applied in
the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be
null and void. In the event of a legal dispute between the parties, Tenant agrees that the Weld
County District Court shall have exclusive jurisdiction to resolve said dispute.
PID: 512534
10. Notices
From and after the date hereof, any and all notices required to be sent to Landlord and
Tenant under the Lease shall be sent to the following notice addresses:
Landlord:
Tenant:
With a copy to:
With a copy to:
11. OFAC
JPMorgan Chase Lease Administration
1111 Polaris Parkway
Mail Code OH1-0241
Columbus, Ohio 43240
Attn: Lease Administration Manager
JPMorgan Chase Real Estate
237 Park Avenue, 12th Floor
Mail Code NY 1-R067
NY, NY 10017
Attn: Real Estate
JPMorgan Chase Law Department
1111 Polaris Parkway, Suite 4P
Mail Code OH1-0152
Columbus, Ohio 43240
Attn: Real Estate Counsel
Landlord and Tenant each represents and warrants to the other that neither it nor any of its
affiliates or agent(s) acting on behalf of it with respect to this Agreement (i) is listed on the
Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign
Asset Control, Department of the Treasury ("OFAC") pursuant to Executive Order number
13224, 66 Federal Register 49079 (September 25, 2001) (the "Order"); (ii) is listed on any other
list of terrorists or terrorist organizations maintained pursuant to the Order, the rules and
regulations of the OFAC or any other applicable requirements contained in any enabling
legislation or other executive orders in respect of the Order (the Order and such other rules,
regulations, legislation or orders are collectively called the "Orders"); (iii) is engaged in activities
prohibited in the Orders; or (iv) has been convicted, pleaded nolo contendere, indicted, arraigned
or detained on charges involving money laundering or predicate crimes to money laundering.
12. Anti -Corruption
Landlord and Tenant acknowledge that both Landlord and Tenant do not tolerate bribery or
corruption in any form. Landlord and Tenant hereby confirm that they will not willingly violate
anti -corruption laws and regulations. Notwithstanding the foregoing, Landlord's failure to
PID:512534
comply with the terms of this section shall not constitute a Lease default and shall not entitle
Tenant to terminate this Lease, and Landlord shall not have any liability to Tenant with respect
thereto.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this Di/ day of
TENANT: JPMORGAN CHASE BANK,
NATIONAL ASSOCIAT N, a national banking association
LANDLORD:
WELD CO,U TY:
ATTEST: ltit/1J Jeltp:a
Weld County Clerk to the Board
BY:
Dety Clerk to the Boar.' 1 �'�'uik? Freeman, Chair
Controller
APPRO ED AS O FORM:
//
County Attorney
Date ///'j/G
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
N0V 0 7 2016
ROVED AS TO SUBSTANCE:
Elected Official or Department Head
Director of General Services
do/6_ .' 4/6 /
PID: 512534
EXHIBIT "B"
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