HomeMy WebLinkAbout20160717.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - STATE OF
COLORADO DEPARTMENT OF HUMAN SERVICES ACTING BY AND THROUGH THE
DIVISION OF VOCATIONAL REHABILITATION
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 between the Board
of County Commissioners of Weld County, on behalf of the Weld County Department of Buildings
and Grounds for the Weld County Department of Human Services and the State of Colorado,
acting by and through the Department of Human Services, Division of Vocational Rehabilitation,
commencing March 1, 2016, and ending February 28, 2017, with further terms and conditions
being as stated in said lease agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease 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 a Lease Agreement between the Board of County Commissioners of Weld
County, on behalf of the Weld County Department of Buildings and Grounds for the Weld County
Department of Human Services and the State of Colorado, acting by and through the Department
of Human Services, 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 agreement.
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1/ 020 -j6 2016-0717
PR0035
LEASE AGREEMENT (822 7TH STREET, GREELEY) - STATE OF COLORADO
DEPARTMENT OF HUMAN SERVICES ACTING BY AND THROUGH THE DIVISION OF
VOCATIONAL REHABILITATION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of February, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dadeitif a
Mike Freeman, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tern
BY: 0 (;u i 5(U
D ;� ty Clerk to the Board �_ "'� tat; , �I
is� u �e A. Cozad
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APPROVED AS TO FORM: ' ���'!• r tL�ts2� f12.i{' �`
' /Ism ,t 44-1‘;: ' .a bars Kirkmeyer
County Attorney o ffl" Ar
L „,,,,1 Steve Moreno
Date of signature: `fir 9
2016-0717
PR0035
1861DEPARTMENT OF BUILDINGS AND GROUNDS
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PHONE: (970) 304-6531
�.....• '" FAX: (970) 304-6532
c__.._ WEBSITE: www.co.weld.co.us
GUN121'
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
February 24, 2016
To: Board of County Commissioners
From: Toby Taylor
Subject: Vocational Rehab Lease
The Department of Human Services, Division of Vocational Rehabilitation are current tenants in our
building located at 822 7th Street. This agreement is for a gross lease from March 2016 through February
2017 at$15.35 per rentable square foot for a total of$25,880.10. Buildings &Grounds is recommending
approval of the lease.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2016-0717
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STATE OF COLORADO
DEPARTMENT OF PERSONNEL AND ADMINISTRATION
OFFICE OF THE STATE ARCHITECT
REAL ESTATE PROGRAMS
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STANDARD-[GROSS LEASE]
LEASE AGREEMENT[IMPROVED REAL PROPERTY]
LANDLORD County of Weld
TENANT State of Colorado, Dept. of Human Services, acting by and
through the Division of Vocational Rehabilitation
LOCATION 822 7th Street#350, Greeley, Colorado 80631
Form—Improved Real Property Lease
Rev. 1/2015 1
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STATE OF COLORADO
DEPARTMENT OF PERSONNEL AND ADMINISTRATION
OFFICE OF THE STATE ARCHITECT
REAL ESTATE PROGRAMS
STANDARD LEASE AGREEMENT[IMPROVED REAL PROPERTY]
TABLE OF CONTENTS
ITEM PAGE
1. PREMISES, TERM, RENT 1
2. SERVICES 2
3. INTERRUPTION OF SERVICES 3
4. WORK REQUIREMENTS 4
5. LANDLORD'S REPRESENTATIONS 4
6. LANDLORD'S OWNERSHIP 4
7. LEASE ASSIGNMENT 4
8. EMINENT DOMAIN, TERMINATION OF LEASE 4
9. DAMAGE AND DESTRUCTION 4
10. HOLDING OVER 5
11. FISCAL FUNDING 5
12. FEDERAL FUNDING 5
13. NOTICE 5
14. CONSENT 6
15. TENANT'S TAX EXEMPT STATUS 6
16. TENANT LIABILITY EXPOSURE 6
17. SECURITY DEPOSIT 6
18. INSURANCE 7
19. CONVEYANCE OF THE PREMISES,ASSUMPTION OF LEASE,
ATTORNMENT AND NON-DISTURBANCE 7
20. COLLOCATION 8
21. INDEPENDENT CONTRACTOR 8
22. NO VIOLATION OF LAW 8
23. COLORADO SPECIAL PROVISIONS 8
24. BROKER REPRESENTATION 9
25. GENERAL PROVISIONS 9
26. ADDITIONAL RENT 10
27. ADDITIONAL PROVISIONS 10
28. SIGNATURES 11
EXHIBITS:
Exhibit A—Premises
Exhibit B—Notice of Assignment of Lease Form
Form—Improved Real Property Lease
Rev. 1/2015
LEASE AGREEMENT
[Improved Real Property]
The printed portions of this form,except bold additions,have been reviewed
by the State of Colorado Attorney General and approved by the State Controller.
All additions to this form must be in bold type.All deletions must be shown by strike-through.
THIS LEASE AGREEMENT ("Lease") entered into by and between County of Weld whose address
or principal place of business is 1150 O Street, Greeley, CO 80631, hereinafter referred to as"Landlord",
and THE STATE OF COLORADO, acting by and through the Department of Human Services, Division
of Vocational Rehabilitation, whose address is 1575 Sherman Street, 4th Floor, Denver, CO 80203,
hereinafter referred to as "Tenant". Both Landlord and Tenant shall be hereinafter referred to as "Parties"
to this Lease.
WITNESSETH:
WHEREAS, Landlord is willing to lease the Premises, defined herein, and Tenant desires to lease the
Premises pursuant to the terms of this Lease; and
WHEREAS, Landlord is willing to continue to lease the Premises, defined herein, and Tenant
desires to continue to lease the Premises pursuant to the terms of this Lease; and
WHEREAS, Landlord and Tenant have previously entered into a Lease of the Premises dated
October 27, 2006 and as amended January 25, 2011, March 28, 2011, and January 29, 2013 (the
"Existing Lease")and
WHEREAS, the Parties recognize that the Tenant will be in holdover at March 1, 2016 and will pay
100% of monthly rent then due until the Commencement Date of this Lease; and
WHEREAS, upon the Commencement Date of this Lease, the Parties desire to terminate the
Existing Lease and to continue the tenancy under the terms herein; and
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.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties hereto
agree as follows:
1. PREMISES, TERM, RENT.
(A) Landlord hereby leases and demises unto Tenant the Premises, hereinafter referred to as
"Premises" within the building located at 822 7`h Street, Greeley, CO 80631, hereinafter referred to as
"Building" (including land, improvements and other rights appurtenant thereto). The Premises, known and
described as Suite 350, includes approximately one thousand six hundred eighty six (1,686) rentable
square feet; the Premises being as shown on the plat attached hereto, made a part hereof and marked
"Exhibit A".
(B) TO HAVE AND TO HOLD the same, together with all appurtenances, unto Tenant, for the
term beginning the later of March 1, 2016 or the date the Colorado State Controller approves the Lease
("Commencement Date"), and ending February 28, 2017, at and fora monthly rental (the "Monthly Rent")
for the full term as shown below:
Form—Improved Real Property Lease(Gross) Page 1 of 11
Rev. 1/2015
ANNUAL RENT/ MONTHLY TOTAL
TERM DATE(S) RSF RENT TERM RENT
Commencement Date—6/30/16 $15.35 $2,156.68 $8,626.70
07/01/16-02/28/17 $15.35 $2,156.68 $17,253.40
CRS §39-3-124 exempts real property leased by the State of Colorado from the levy and collection of
property taxes. Therefore, the Adjusted Annual Rent/RSF as shown above does not include the Prior
Year Taxes of $0.00/rsf or any tax based upon real property as defined and required by Article 15 (i);
when the Current Year Taxes are known, the Monthly Rent payment shall be adjusted accordingly.
The Premises is to be used and occupied as general office use space. Payment of the Monthly Rent
shall be made on the first of each month during the term hereof, to Landlord at:
County of Weld
c/o Cushman Wakefield
600 Washington Ave
Suite 1100
St. Louis, MO 63101
or at such place as Landlord from time to time designates by notice as provided herein, subject to the
limitations and conditions set forth in Article 11, Fiscal Funding and Article 12, Federal Funding, herein.
If the term herein commences on a day other than the first day of a calendar month, then Tenant shall
pay to Landlord the rental for the number of days that exist prior to the first day of the succeeding month,
with a similar adjustment being made at the termination of the Lease.
2. SERVICES.
(A) Landlord Provided Services: Landlord shall provide to Tenant during the occupancy of said
Premises, as a part of the rental consideration, the following services comparable to those provided by
other office buildings of similar quality, size, age and location, in the Greeley submarket. The services
shall include but not necessarily be limited to the following:
1) Services to Premises.
(i) Heat, ventilation and cooling as required for the comfortable use and occupancy
of the Premises during normal business hours. Landlord shall at all times be responsible for heat,
ventilating and air conditioning (HVAC) services in quantities and distributions sufficient for Tenant's use
of the Premises, including rebalancing of the HVAC distribution system as necessary, and also including
service, repair and/or replacement (which replacement shall be considered a capital improvement) of
equipment, parts and accessories for the HVAC units and systems serving the Premises;
(ii) Landlord shall provide Building standard janitorial services. Janitorial services
five (5) times per week, including interior and exterior window washing (exterior window washing a
minimum of two(2)times per year);
(iii) Electric power as supplied by the local utility company. Tenant shall be entitled to
its pro rata share of the base Building's electrical capacity for each floor on which Tenant occupies space;
(iv) Replacement of Building standard fluorescent tubes, light bulbs and ballasts as
required from time to time as a result of normal usage.
2) Building Service.
Form—Improved Real Property Lease(Gross) Page 2 of 11
Rev. 1/2015
(i) Domestic running water and necessary supplies in washrooms sufficient for the
normal use thereof by occupants in the Building;
(ii) Access to and egress from the Premises, including elevator service
maintenance, repair and replacement customary for buildings of similar age and quality, if included in the
Building;
(iii) Snow removal, sidewalk repair and maintenance, landscape maintenance and
trash removal services;
(iv) HVAC, lighting, electric power, domestic running water and janitorial service in
those areas of the Building designated by Landlord for use by Tenant, in common with all tenants and
other persons in the Building during normal business hours, but under the exclusive control of Landlord;
(v) A general directory board on which Tenant shall be entitled to have its name
shown, provided that Landlord shall have exclusive control thereof and of the space thereon to be
allocated to each Tenant;
(vi) Landlord shall at all times be responsible for paying real estate taxes and
assessments, including real property taxes, special improvement district taxes or fees or other special
district taxes or charges for which Tenant is not eligible for a tax exemption, subject to Article 15. Tenant
shall be responsible for all taxes and assessments on Tenant's personal property, if any.
3) Maintenance, Repair and Replacement.
(i) Landlord shall operate, maintain, repair and replace the systems, facilities and equipment
necessary for the proper operation of the Building and for provision of Landlord's services under Article 2.
(A) 1) and 2) above and shall maintain and repair the foundations, structure and roof of the Building and
repair damage to the Building which Landlord is obligated to insure against under this Lease.
4) Additional Services.
(i) Maintenance of parking lot and/or structure, maintenance of the external lighting
devices for the Building parking lot and/or structure. Maintenance, repair and replacement of Tenant
Improvements for damage caused by shifting or leaking of the foundation or of any other structural aspect
or system of the Building.
(ii) Maintain the Premises in good repair and in tenantable condition during the term
of this Lease. Landlord shall have the right to enter the Premises at reasonable times for the purpose of
making necessary inspections, repairs or maintenance.
The "normal business hours" of operation of the Building shall be from 7:00 a.m. to 6:00 p.m. Monday
through Friday and 8:00 a.m. to 2:00 p.m. on Saturdays, excepting legal holidays, which shall include
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Landlord
shall provide additional hours of operation for the Premises upon 24 hours prior notice to Landlord from
Tenant.
(B) Tenant Provided Services: None.
3. INTERRUPTION OF SERVICES. Notwithstanding anything in this Lease to the contrary, if
there is an interruption in essential services to the Premises (including, but not limited to HVAC, electrical
service, elevator service), and such interruption continues for a period of five (5) consecutive days,
Tenant shall be entitled to an abatement of rent for the period that such services are not provided to the
Form—Improved Real Property Lease(Gross) Page 3 of 11
Rev. 1/2015
extent that such interruption interferes with the use of the Premises by Tenant. If such interruption
continues for a period of ninety(90) days, Tenant may cancel and terminate this Lease without penalty.
4. WORK REQUIREMENTS. All tenant finish alterations in the Premises, now and hereafter
undertaken, shall be designed and constructed in accordance with the technical design specifications of
the Uniform Federal Accessibility Standards, latest edition. Prior to the Premises being occupied by
Tenant, Landlord agrees to the tenant improvements described in Exhibit C, att
apart hereof.
5. LANDLORD'S REPRESENTATIONS.
(A) Landlord represents that either:
1) no "asbestos response action", pursuant to that portion of the Colorado Air Quality
Control Commission, Regulation 8 entitled Emission Standards for Asbestos, hereafter referred to as
"Regulation 8", is contemplated as a part of the tenant finish for this Lease; or
2) in the event that an "asbestos response action" is contemplated as a part of the tenant
improvements for this Lease, Landlord agrees to fully cooperate with Tenant in Tenant's exercise of its
duties and responsibilities in accordance with Section V of Part B of Regulation 8.
(B) Landlord, in Landlord's sole opinion, represents that with respect to this Lease and the
Premises, the Building meets the requirements of the Americans with Disabilities Act.
(C) Landlord must meet all local codes and regulations with regards to fire and life safety during
the term of the State of Colorado's occupancy of the Premises as mandated by local authorities.
6. LANDLORD'S OWNERSHIP. Landlord warrants and represents itself to be the owner of, or
the authorized representative or agent of the owner of, the Premises in the form and manner as stated
herein. During the term of this Lease Landlord covenants and agrees to warrant and defend Tenant in the
quiet, peaceable enjoyment and possession of the Premises. In the event of any dispute regarding
Landlord's ownership, upon request from and at no cost to Tenant, Landlord shall immediately, furnish
proof thereof by delivering to Tenant an "Ownership and Encumbrance Letter" issued by a properly
qualified title insurance company.
7. LEASE ASSIGNMENT. Tenant shall not assign this Lease and shall not sublet the Premises,
except to a desirable tenant for a similar use and purpose, and will not permit the use of said Premises to
anyone, other than Tenant, its agents or employees, without the prior written consent of Landlord, which
consent shall not be unreasonably withheld, conditioned, or delayed.
8. EMINENT DOMAIN, TERMINATION OF LEASE. If the Premises are taken via eminent
domain, in whole or in part, then either Party may cancel and terminate this Lease and the current rent
shall be properly apportioned to the date of such taking. In such event the entire damages which may be
awarded shall be apportioned between Landlord and Tenant, as their interests appear.
9. DAMAGE AND DESTRUCTION. If the Premises are rendered untenantable or unfit for
Tenant's purposes by fire or other casualty, this Lease will immediately terminate and no rent shall accrue
from the date of such fire or casualty. If the Premises are damaged by fire or other casualty so that there
is partial destruction of such Premises or such damage as to render the Premises partially untenantable
or partially unfit for Tenant's purposes, either Party may, within five (5) days of such occurrence,
terminate this Lease by giving written notice to the other Party. Such termination shall be effective not
less than fifteen (15) days from the date of mailing of the notice. Rent shall be apportioned to the effective
date of termination.
Form—Improved Real Property Lease(Gross) Page 4 of 11
Rev. 1/2015
10. HOLDING OVER. Tenant shall become a month-to-month tenant if Tenant fails to vacate the
Premises upon expiration or sooner termination of this Lease. The rent to be paid by Tenant during such
continued occupancy shall be the same being paid by Tenant as of the date of expiration or sooner
termination. Landlord and Tenant each hereby agree to give the other Party at least thirty (30) days
written notice prior to termination of any holdover tenancy.
11. FISCAL FUNDING.
(A) As prescribed by State of Colorado Fiscal Rules and §23(B) below, this Lease is dependent
upon the continuing availability of funds beyond the term of the State's current fiscal period ending upon
the next succeeding June 30, as financial obligations of the State of Colorado payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available. While the act of appropriation is a legislative act, Tenant will take appropriate actions under the
laws applicable to Tenant to timely and properly budget for, request of and seek and pursue appropriation
of funds from the General Assembly of the State of Colorado permitting Tenant to make payments
required hereunder during the period to which such appropriation applies. If funds are not appropriated,
this Lease shall terminate at the end of the then current fiscal year, with no penalty or additional cost to
Tenant. Tenant shall notify Landlord of such non-allocation of funds by sending written notice thereof to
Landlord forty-five(45) days prior to the effective date of termination.
(B) Tenant's obligation to pay rent hereunder constitutes a current expense of Tenant payable
exclusively from Tenant's funds and shall not in any way be construed to be a general obligation
indebtedness of the State of Colorado or any agency or department thereof within the meaning of any
provision of §§ 1,2,3,4, or 5 of Article XI of the Colorado Constitution, or any other constitutional or
statutory limitation or requirement applicable to the State concerning the creation of indebtedness.
Neither Tenant, nor Landlord on its behalf, has pledged the full faith and credit of the State, or any agency
or department thereof to the payment of the charges hereunder, and this Lease shall not directly or
contingently obligate the State or any agency or department thereof to apply money from, or levy or
pledge any form of taxation to, the payments due hereunder.
12. FEDERAL FUNDING. If any or all funds for payment of this Lease are provided by the Federal
Government, this Lease is subject to and contingent upon the continuing availability of Federal funds, and
if such funds are not made available, Tenant may unilaterally terminate this Lease at the end of any
month after providing ninety(90)days written advance termination notice to Landlord.
13. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the Party at the address as hereinafter provided,
and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage
attached thereto:
Landlord: Tenant:
County of Weld Department of Human Services
1150 O Street Barbara Casey
Greeley, CO 80631 Deputy Division Director/CFO
Division of Vocational Rehabilitation
1575 Sherman Street a Floor
Denver, CO 80203
With a copy to:
Bradford Membel
Department of Human Services
Division of Vocational Rehabilitation
4112 South Knox Court
Form—Improved Real Property Lease(Gross) Page 5 of 11
Rev. 1/2015
Denver, CO 80236-3101
With a copy to:
Office of the State Architect
Real Estate Programs
1525 Sherman Street, Suite 112
Denver, CO 80203
Notice of change of address shall be treated as any other notice.
14. CONSENT. Unless otherwise specifically provided, whenever consent or approval of Landlord
or Tenant is required under the terms of this Lease, such consent or approval shall not be unreasonably
withheld or delayed and shall be deemed to have been given if no response is received within thirty (30)
days of the date the request was made. If either Party withholds any consent or approval, such Party
shall, after written request, deliver to the other Party a written statement giving the reasons therefore.
15. TENANT'S TAX EXEMPT STATUS. This Landlord is tax exempt The Parties
acknowledge CRS §39 3 12'1(1)(b), effective January 1, 2009, exempts the Premises from—levy-and
collection of property tax including Assessed Tax, Special Assessment Tax, Maintenance District, file a
copy of the Lease, and any extensions or amendments thereof, with the County Assessor. If the Local
Improvement Assessment, Fees and Interest (collectively "Taxes") while leased by Tenant for State
purposes and that Landlord shall not receive a levy for property taxes from the County Assessor on the
Premises occupied by Tenant during the term of the Lease and any extensions thereof. Tenant shall
timely Lease terminates prior to the end date provided for in Article 1(B), or any extension or amendments
thereof (early termination), Tenant shall timely file notice of the early termination date with the County
Assessor.
Tenant's Monthly Rent obligation, per Article 1 (B), shall be decreased by the amount of the reduction in
Taxes on a monthly prorated basis. So long as Landlord receives an abatement of Taxes from the County
Assessor, by reason of Tenant's operation as an agency or department of the State of Colorado:
i. Tenant shall receive a credit against its Monthly Rent beginning with the Commencement
Date based upon the Current Year Taxes. If the Current Year Taxes (2015) are not yet
available the Prior Year Taxes (2014) shall be used as an estimate until the Current Year
Taxes are available. This credit shall be reconciled upon the availability of the Current Year
Taxes; and
ii. Beginning at the availability of the Current Year Taxes Tenant shall receive an on going
credit against its Monthly Rent based upon the Current Year Taxes; and
iii. Taxes will be excluded from the-computation of "Base Year Operating Expenses" and
computation of"Operating Expenses" under Article 26(A).
16. TENANT LIABILITY EXPOSURE. Notwithstanding any other provision of this Lease to the
contrary, no term or condition of this Lease shall be construed or interpreted as a waiver of any provision
of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq.. Liability for claims for injuries to
persons or property arising out of the negligence of the State of Colorado, its departments, institutions,
agencies, boards, officials and employees is controlled and limited by the provisions of CRS §24-10-101,
et seq., and CRS §24-30-1501, et seq., All provisions of this Lease are controlled, limited and otherwise
modified to limit any liability of Tenant in accordance with the foregoing cited statutes.
17. SECURITY DEPOSIT. Tenant shall not provide a security deposit to Landlord.
Form—Improved Real Property Lease(Gross) Page 6 of 11
Rev. 1/2015
18. INSURANCE.
(A) Landlord Insurance. Landlord and Landlord's contractors shall carry and maintain the
following insurance coverage with respect to the Premises during the Lease term:
1) Commercial General Liability Insurance covering operations by, or on behalf of, Landlord
on an occurrence basis against claims for bodily injury,-property damage and personal injury liability with
minimum limits of (a) $1,000,000 each occurrence; (b) $2,000,000 general aggregate; (c) $2,000,000
products and completed operations aggregate.
2) Property Insurance covering the Building, including the Premises, its equipmentand
Landlord's interest in improvements and betterments on an "All Risk" basis, including where appropriate
the perils of Flood and Earthquake. Coverage shall be written with a Replacement Cost valuation and
include an agreed value provision. The deductible amount shall not exceed $25,000 unless approved by
Tenant. The policy shall also include a rental income extension.
3) Workers' Compensation Coverage for employees of Landlord as required by law and
employer's liability insurance.-
All policies shall be written with carriers approved to do business in the State of Colorado with an A.M.
Best Rating of at least A VII and shall contain a Waiver of Subrogation on behalf of Tenant. The above
insurance policies shall include provisions preventing cancellation or non-renewal without at least 30 days
prior notice to Landlord and Landlord shall forward such notice to the State within seven days of
Landlord's receipt of such notice. Landlord shall provide Tenant certificates of Insurance confirming
renewal of the coverage at least fifteen (15)days prior to expiration.
(A) Landlord Insurance: Landlord is self-insured, as permitted by law. Landlord
shall carry and retain Workers' Compensation Coverage for employees of Landlord as required by
law.
(B) Tenant Insurance. Tenant shall provide insurance on its inventory, equipment, and all
other personal property located on the Premises against loss resulting from fire or other casualty at
Tenant's sole cost. Tenant shall have the right to provide such insurance under a self-insurance program,
or, at any time during the term of this Lease, to provide such insurance through an insurance company.
With respect to general liability, Tenant is self-insured in accordance with the provisions of the Colorado
Governmental Immunity Act and the Colorado Risk Management Act, CRS §24-30-1501, et seq.
19. CONVEYANCE OF THE PREMISES, ASSUMPTION OF LEASE, ATTORNMENT AND
NON-DISTURBANCE.
(A) If Landlord assigns this Lease or if the Premises are sold, transferred or conveyed, (all
collectively called "Assignment"), within ten (10) days of the Assignment of the Lease, Landlord shall
provide Tenant notice thereof pursuant to Article 13 of this Lease in a form substantially in conformity with
that described in Exhibit B. Said notice shall include the name and address of the New Landlord (any
assignee of this Lease, or any purchaser of the Premises, or any other successor owner or assignee of
Landlord through foreclosure or deed in lieu of foreclosure [the "New Landlord"]), the New Landlord's
Social Security or Federal Employer's Identification Number, and documentation evidencing the Lease
Assignment, whether it be an assignment and assumption of Lease, deed or other transfer.
(B) If Landlord fails to provide Tenant the notice of Assignment provided for in the preceding
paragraph (A) and Tenant receives written notice from a third-party claiming to be the New Landlord
under a transaction constituting an Assignment of Lease, and the New Landlord provides Tenant the
evidence of transfer specified in paragraph (A), Tenant shall provide Landlord written notice of the New
Landlord's claim at the address provided for in Article 13. If Landlord does not contest the New Landlord's
claim in writing to Tenant within ten (10) days from the date of Tenant's written Notice to Landlord, Tenant
Form—Improved Real Property Lease(Gross) Page 7 of 11
Rev. 1/2015
may recognize the New Landlord as Landlord under the Lease and shall thereafter pay the monthly rent
and other obligations under the Lease to the New Landlord and Landlord shall have waived any further
rights under the Lease and shall be barred from further rights thereunder, including, but not limited to, the
right to receive rent. In addition, any Tenant audit rights (see Article 26 B) (iii) which resulted in a
monetary obligation due the Tenant shall then become the full responsibility of the New Landlord.
(C) The New Landlord's title, right and interest in the Premises, however acquired, shall be
subject to all Lease provisions, including, not limited to, the non-disturbance of Tenant's possession of the
Premises and Tenant shall recognize the New Landlord as Landlord under the Lease. Tenant's
attornment to the New Landlord shall not waive any rights of Tenant against the prior Landlord. All
payments previously made by Tenant to the prior Landlord and all other previous actions taken by Tenant
under the Lease shall be considered to have discharged those obligations of Tenant under the Lease.
The New Landlord's acceptance of the rent payment provided for in the Lease shall constitute the New
Landlord's assumption of the Lease and obligations of the Landlord's thereunder.
20. COLLOCATION. If the State builds, leases, or otherwise acquires a building for the purpose of
collocating State agencies in one area, with each other or with other governmental agencies or
designates an existing State-owned or other government building for such collocation of Tenant, this
Lease may be terminated by Tenant by giving written notice to Landlord not less than sixty (60) days prior
to the termination date. Tenant shall not be liable to further perform any of its obligations under this
Lease, including, but not limited to rental payments, following the date of such termination.
21. INDEPENDENT CONTRACTOR. 4 CCR §801-2. The Landlord shall perform its duties
hereunder as an independent contractor and not as an employee. Neither Landlord nor any agent or
employee of Landlord shall be or shall be deemed to be an agent or employee of the State. Landlord shall
pay when due all required employment taxes and income tax and local head tax on any monies paid by
the State pursuant to this Lease. Landlord acknowledges that Landlord and its employees are not entitled
to unemployment insurance benefits unless Landlord or third party provides such coverage and that the
State does not pay for or otherwise provide such coverage. Landlord shall not have authorization,
express or implied, to bind the State to any agreements, liability, or understanding except as expressly
set forth herein. Landlord shall provide and keep in force Workers' Compensation (and provide proof of
such insurance when requested by the State) and unemployment compensation insurance in the
amounts required by law, and shall be solely responsible for the acts of Landlord, its employees and
agents.
22. NO VIOLATION OF LAW.
(A) CRS §18-8-301, et seq. and CRS §18-8-401, et seq. The signatories hereto aver
that they are familiar with CRS §18-8-301, et seq., (Bribery and Corrupt Influences) and CRS §18-8-401,
et seq., (Abuse of Public Office), and that no violation of such statutes has occurred under this Lease.
(B) CRS §24-76.5-101. Landlord, if a natural person eighteen (18) years of age or older,
hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully
present in the United State pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-
101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the
effective date of this Lease.
23. COLORADO SPECIAL PROVISIONS
(A). CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until
it has been approved by the Colorado State Controller or designee.
(B) FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable
after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
Form—Improved Real Property Lease(Gross) Page 8 of 11
Rev. 1/2015
(C). CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall
be applied in the interpretation, execution, and enforcement of this Lease. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and
void. Any provision incorporated herein by reference which purports to negate this or any other Special
Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by
way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this
provision shall not invalidate the remainder of this contract, to the extent capable of execution. The
Landlord shall strictly adhere to all applicable federal and State laws, rules, and regulations that have
been or may hereafter be established, including those dealing with discrimination and unfair employment
practice, in performing its obligations under the Lease.
(D) LANDLORDNENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.. Subject to
CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset
intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support
arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101,
et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d)
amounts required to be paid to the Unemployment Compensation Fund; and (e)other unpaid debts owing
to the State as a result of final agency determination or judicial action.
(E) EMPLOYEE FINANCIAL INTEREST. CRS §24-18-201 and CRS §24-50-507. The
signatories aver that to their knowledge, no State employee has any personal or beneficial interest
whatsoever in the service or property described herein.
24. BROKER REPRESENTATION: Landlord and Tenant acknowledge that N/A is acting as a
Landlord Agent on behalf of Landlord in this transaction and Kurt Liss with Jones Lang LaSalle (JLL) is
acting as a Tenant Agent on behalf of Tenant in this transaction. Further, Landlord and Tenant
acknowledge that in consideration of acting, as a Tenant Agent on behalf of the State of Colorado
in this transaction, will receive a leasing commission by separate agreement with Landlord.
25. GENERAL PROVISIONS
A Binding Effect. All provisions herein contained, including the benefits and burdens, shall
extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and
assigns.
B. Captions. The captions and headings in this Lease are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions.
C. Construction Against Drafter. In the event of an ambiguity in this Lease the rule of Lease
construction that ambiguities shall be construed against the drafter shall not apply and the Parties hereto
shall be treated as equals and no Party shall be treated with favor or disfavor.
D. Counterparts. This Lease may be executed in multiple identical original counterparts, all of
which shall constitute one agreement.
E. Entire Understanding. This Lease represents the complete integration of all understandings
between the Parties and all prior representations and understandings, oral or written, are merged herein.
Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect
whatsoever, unless embodied herein.
F. Jurisdiction and Venue. All suits or actions related to this Lease shall be filed and
proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
Form—Improved Real Property Lease(Gross) Page 9 of 11
Rev. 1/2015
G. Modification.
i. By the Parties. Except as specifically provided in this Lease, modifications hereof shall
not be effective unless agreed to in writing by the Parties in an amendment hereto, properly
executed and approved in accordance with applicable Colorado State law, State Fiscal Rules,
and Office of the State Controller Policies, including, but not limited to, the policy entitled
MODIFICATION OF LEASES-TOOLS AND FORMS.
ii. By Operation of Law. This Lease is subject to such modifications as may be required
by changes in Federal or Colorado State law, or their implementing regulations. Any such
required modification automatically shall be incorporated into and be part of this Lease on the
effective date of such change, as if fully set forth herein.
H. Order of Precedence. The provisions of this Lease shall govern the relationship of the State
and Landlord. In the event of conflicts or inconsistencies between this Lease and its exhibits and
attachments, including, but not limited to, those provided by Landlord, such conflicts or inconsistencies
shall be resolved by reference to the documents in the following order of priority:
Colorado Special Provisions,
ii. The remaining provisions of the main body of this Lease,
iii. Exhibit A,
iv. Exhibit B,
v. Exhibit C, (where applicable)
vi. Exhibit D, (where applicable)
I. Severability. Provided this Lease can be executed and performance of the obligations of the
Parties accomplished within its intent, the provisions hereof are severable and any provision that is
declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision
hereof, provided that the Parties can continue to perform their obligations under this Lease in accordance
with its intent.
J. Survival of Certain Lease Terms. Notwithstanding anything herein to the contrary,
provisions of this Lease requiring continued performance, compliance, or effect after termination hereof,
shall survive such termination and shall be enforceable by the State if Landlord fails to perform or comply
as required.
K. Taxes Other than Real Property. The State is exempt from all federal excise taxes under
IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under
CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services are
rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver)
may require payment of sales or use taxes even though the product or service is provided to the State.
Landlord shall be solely liable for paying such taxes as the State is prohibited from paying or reimbursing
Landlord for such taxes.
L. Third Party Beneficiaries. Enforcement of this Lease and all rights and obligations hereunder
are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this
Lease are incidental to the Lease, and do not create any rights for such third parties.
M. Waiver. Waiver of any breach under a term, provision, or requirement of this Lease or any
right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed
as a waiver of any subsequent breach of such term, provision or requirement, or of any other term,
provision, or requirement.
26. ADDITIONAL RENT. None
27. ADDITIONAL PROVISIONS. None
Form—Improved Real Property Lease(Gross) Page 10 of 11
Rev. 1/2015
IN WITNESS WHEREOF, the Parties hereto have executed this Lease
LANDLORD TENANT
County of Weld STATE OF COLORADO
John W Hickenloop Governor
The D at-, ent of u art, Services
� ' Reggi icha, Exe utiv D•rector
By: �I 'y\AIL-J By:
Authorized Signatory Nikki Flatch, D uty Executive Director of
Operations.
Mike Freeman Chair
Name(Print) Title (Print)
FEB 2 9 2016
REAL ESTATE PROGRAMS ALL CONTRACTS MUST BE APPROVED BY THE
STATE OF COLORADO STATE CONTROLLER:
John W. Hickenlooper,Governor
DEPARTMENT OF PERSONNEL&ADMINISTRATION CRS 24-30-202 requires that the State Controller approve
Office of State Architect, For the Executive Director 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
By: 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
Date: ...34///1 services provided.
OFFICE OF RISK MANAGEMENT STATE OF COLORADO
STATE OF COLORADO John W. Hickenlooper, Governor
STATE CONTROLLER'S OFFICE
John W. Hickenlooper, Governor State Controller(or authorized Delegate)
DEPARTMENT OF PERSONNEL&ADMINISTRATION Clint Woodruff,State Controller Delegate
For the Executive Director
By:
State Risk Manager By
Date:
Date:
LEGAL REVIEW
DEPARTMENT OF LAW
Cynthia Coffman,Colorado Attorney General
ATTORNEY GENERAL(or authorized Delegate)
By: N/A
Date:
Form—Improved Real Property Lease(Gross) Page 11 of 11
Rev. 1/2015 0/6,'Q/ / 7 C/9�
RE: LEASE AGREEMENT - STATE OF COLORADO, DIVISION OF VOCATIONAL
REHABILITATION
ATTEST: G: ,�,� BOARD OF COUNTY COMMISSIONERS
Weld C nt erk to he B and WELD COUNTY, COLORADO
BY: LY
'Zee
Deputy Cle k tote Boar Mike Freeman, Chair FIB 2 9 2016
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:e01922.1*Controller Elected Official or Department Head
APPROVED AS TO FORM: NIA
v Director of General Services
Lam
County Attorney
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EXHIBIT A
PREMISES
LEGAL DESCRIPTION
The Premises are located in the Building which is a part of the Project located on lend having the
following legal description
Parcel 1
Lots 1 through 26,Block 44,City of Greeley,together with the North-South alley adjacent to Lots
12 through 23 and the East-West alley adjacent to Lots 9 through 12.Lots 17 and 18.and Lots 23
through 26,Block 44,City of Greeley,County of Weld, State of Colorado.
Parcel 2'
Lots 9 and 10,the North 1/2 of Lots 11 and 12,Lots 13 through 20,also South 1/2 of vacant alley
adjacent to Lots 13 through 19,except the East 5 feet adjacent to Lot 19,except the West 8.65
feet of the South 1/2 of Lot 13,all in Block 37,City of Greeley,County of Weld,State of Colorado
(for informational purposes only) 822 7'h St,Greeley,Colorado
Form—Improved Real Property Lease Page A-1
Rev.1/2015
LESSEE'S SPACE PLAN
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Form—Improved Real Property Lease Page A-2
Rev.1/2015
EXHIBIT B
NOTICE OF ASSIGNMENT OF LEASE
ASSUMPTION OF LEASE BY NEW LANDLORD
Date:
[Tenant]
[Tenant's Address for Notice
(See Art. 13 of Lease)]
, Tenant
Re:Lease for: , [Lease Address
dated (See Art. 1 of Lease]
, Landlord [Landlord]
Dear Tenant:
Pursuant to Article 13 of the above referenced Lease, Tenant is hereby notified that on
[date],the Lease was assigned to:
[Name/Address of New Landlord],the "New
Landlord."The New Landlord's W-9 is attached.
Evidence of the transaction constituting the Assignment of Lease is by [mark as is appropriate]:
Assignment and Assumption of Lease;_Deed [Type of Deed];_Other[Specify)_
; dated,which document is attached and made part hereof.
Tenant's rental obligations after (date)should be paid to the New Landlord
at:
The signatory below affirms the information provided in this Notice is true and acknowledges the
New Landlord has assumed the obligations of Landlord under the Lease.
By:
LANDLORD
By:
NEW LANDLORD
Enclosures
Exhibit B
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