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HomeMy WebLinkAbout20160168.tiff RESOLUTION RE: APPROVE AMENDMENT OF LEASE AGREEMENT FOR 1020 9TH AVENUE, GREELEY, AND AUTHORIZE CHAIR TO SIGN - NARANJO INVESTMENT, LLC 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 Amendment of Lease Agreement at 1020 9th Avenue, Greeley, Colorado, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Naranjo Investment, LLC, commencing upon full execution of signatures, through and until December 31, 2015, with further terms and conditions being 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 Amendment of Lease Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Naranjo Investment, LLC, 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 13th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: .d � Jto•ok EXCUSED Mike Freeman, Chair Weld County Clerk to e Board / / Sean P. Conway, Pro-Tem BY: Dep y Clerk to the Board �� a . Cozad AP A M:• 1861 t►^'�'� " !� l Kirkmey-r unty orney \ � teve Moreno Date of signature: Ilatel [62 2016-0168 ae; Beaa13 PR0035 AMENDMENT OF LEASE AGREEMENT ivy THIS AGREEMENT is made and entered into this day of January 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 Naranjo Investment LLC, a corporation, hereinafter referred to as"Tenant". WHEREAS, Tenant signed a Lease Agreement ("Lease"), dated February 9th, 2015, with Landlord, leasing approximately 1,800 square feet of office space in the building located at 1020 9th Ave, Greeley, Colorado 80631, and WHEREAS, the term of the Lease Agreement currently ends on February 9th, 2016, and WHEREAS, Landlord and Tenant mutually agree to amend the Lease Agreement to change the effective end date of the lease term. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree as follows: AMENDMENT OF LEASE 1. Amended Lease Term. The paragraph on page 1 beginning with the words "TO HAVE AND TO HOLD" is hereby amended to delete the words"9th day of February, 2016", and replace these words with "31St day of December, 2015". Paragraph 3.a. is hereby amended to delete the words "9th day of February, 2016", and replace these words with "31St day of December, 2015". 2. Remaining Provisions Unchanged. The remaining provisions within the Lease remain unchanged. SPECIFIC PROVISIONS 3. Acknowledgement of No Default. Landlord and Tenant agree that, as of the date of execution of this Amendment, neither party is in default of the provisions of the Lease. GENERAL PROVISIONS 4. 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 2016-0168 Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 5. 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. 6. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 7. 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. Tk IN WITNESS WHEREOF,the parties hereto have signed this Agreement this /� day of January, 2016. TENANT:Naranjo Investment LLC By: (S-n.�...� Date — c - Name: i6 -A. c.� Title: tn_cc ti LANDLORD: WELD COU �t � , ATTEST: „ W ` o;ei BOARD OF COUNTY COMMISSIONERS Weld C nnf Clerk to the Bo- d WELD COUNTY, COLORADO BY: in � eputy CI to the B',% {�` a Sean P. Conway, Pro-Te 16 APPROVED AS TO FUN G f "�'�. PROVED AS TO SUBSTANCE: --'0 it,61 Controller �► " j ��lecte• Official or Department Head APP VED TO FORM: e- N/A '—' Director of General Services County Attorney Hello