HomeMy WebLinkAbout20151702.tiff RESOLUTION
RE: APPROVE FOURTH AMENDMENT TO OFFICE LEASE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN-COLORADO LIVESTOCK ASSOCIATION, FKA COLORADO CATTLE
FEEDER'S ASSOCIATION
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 4th Amendment to the Office Lease
Agreement 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
Colorado Livestock Association, fka Colorado Cattle Feeder's Association, commencing upon
execution of signature, with further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment for, 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 4th Amendment to the Office Lease Agreement 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 Colorado Livestock Association, fka
Colorado Cattle Feeder's Association, 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 10th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: datt/t) r� lA ( -
rbara Kirkmeyer, hair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY: ) ��J ' l.De *avid
Clerk to the Bo.rd ��•�� EXCUSED
# , 1= ! N Sean P. Conw y
APPRO DASTOFO'ff : 'o` /` /6(A-t' C'C
11861 t-",114=O111 Julie A. Cozad
County Attorney ,fir®� , , EXCUSED
NplOU # Steve Moreno
le
Date of signature: 1_045-
-66
Cc t°/3o
2015-1702
BG0017
FOURTH AMENDMENT TO OFFICE LEASE AGREEMENT
TERMINATION OF LEASE
This Fourth Amendment o Office Lease Agreement(the "Fourth Amendment") is made
and entered into effective as of / , 2015 ("Effective Date"), by and between the
Board of County Commission rs of Weld County, on behalf of Weld County, Colorado, a body
corporate and politic of the State of Colorado, as successor in interest to SA19-Riverwalk Square
LLC ("Landlord"), and Colorado Livestock Association (f/k/a Colorado Cattle Feeder's
Association) a Colorado nonprofit corporation ("Tenant").
WITNESSETH:
A. 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. Weld County (Landlord) purchased the real
property known as 822 r Street, Greeley, Colorado 80631 (also known as the "Chase
Building"), and thereby became the successor in interest to SA19-Riverwalk Square LLC, as it
relates to this Lease Agreement.
B. Prior Agreements:
1. The original lease dated March 1, 2002 was executed between Greeley Lincoln
Park Properties LLC, as original lessor, and Colorado Cattle Feeder's Association
as tenant.
2. An Amendment of Lease Agreement dated January 19th, 2007 was executed
between Greeley Lincoln Park Properties LLC, as lessor, and Colorado Cattle
Feeder's Association as tenant.
3. A Second Amendment of Lease Agreement dated January 20, 2010, between
Greeley Lincoln Park Properties LLC, as lessor, and and Colorado Cattle Feeder's
Association as tenant.
4. A Third Amendment of Lease Agreement dated February 14, 2013 was executed
between CSA19-Riverwalk Square, L.L.C, as successor lessor to Greeley Lincoln
Park Properties LLC, and and Colorado Cattle Feeder's Association as tenant.
Pursuant to the Third Amendment, the termination of the Lease is scheduled as February 29,
2016.
AGREEMENT
1. Termination of Lease. Landlord hereby agrees to allow Tenant to terminate this lease
effective June 30, 2015.
2015-1702
3Gc01-7
2. Obligations. Landlord and Tenant are released from further liability or obligation arising
after June 30, 2015 under the terms of the Prior Agreements, including the Third Amendment,
except for the obligation to account for and return any security deposit paid by Tenant.
3. Right to Occupy. Tenant's right to occupy the Premises described in the Prior Agreements
shall cease at 11:59 pm on June 30, 2015.
4. Effective Date. This Fourth Amendment shall take effect and be legally binding upon the
parties as of the date of signing by the Weld County Board of County Commissioners.
5. Ratification of Lease. Tenant hereby ratifies the Lease as amended by this Fourth
Amendment.
6. Confidentiality. The Parties agree that the terms of this Lease are subject to the Colorado
Open Records Act(CORA), C.R.S. §24-72-301 et seq.
7. 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.
8. 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.
9. 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.
10. 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,
Contract Professional agrees that the Weld County District Court shall have exclusive
jurisdiction to resolve said dispute.
IN WITNESS WHEREOF, the Landlord and Tenant, through their duly authorized
representatives, have executed this Fourth Amendment to Lease Agreement as of the Effective
Date.
Color. :. L.��-��n��• As. ati: as Tenant: J�
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Title:
WELD CO TY as L lo�rd,,,,:// /,
ATTEST: „� .,,� .JUdD�rc BOARD OF COUNTY COMMISSIONERS
Weld t Clerk to the Boa d WELD COUNTY, COL RADO
BY: � .� • �:/ ►�� (( AAAA— /.S
Deputy Cle i to the arirkmeyer, haiia� l�
JUN 1 0 2015
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APPROVED AS TO F APPROVED AS TO SUBSTANCE:
Controller +`•r vr� Elected fficial or Department Head
APP '
Director of General Services
Co un ttomey
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