HomeMy WebLinkAbout20152667.tiff RESOLUTION
RE: APPROVE THIRD AMENDMENT TO OFFICE LEASE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - GREELEY WELD COUNTY ECONOMIC DEVELOPMENT ACTION
PARTNERSHIP, INC., DBA UPSTATE COLORADO ECONOMIC DEVELOPMENT
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 3rd 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 the
Greeley Weld County Economic Development Action Partnership, Inc., dba Upstate Colorado
Economic Development commencing September 1, 2015, and ending August 31, 2016, with
further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amended office
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 the Third 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 the Greeley Weld County Economic
Development Action Partnership, Inc., dba Upstate Colorado Economic Development, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amended office lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of August, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST.ddrifet) sex, C /L-
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
n ' Mike Freeman, Pro-Tern
BY: Ql /2110 �'
ejuty Clerk to th Board
E Lz Sean P ['onway
APP' p ,.:��� •RM: (At; /
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is6i � a.--;j4/44 � lie A. Co ad
count ttorney ��r � ' -�
°(J K'S Steve Moreno
Date of signature: $b3
2015-2667
CC).$4. g 11q BO0017
THIRD AMENDMENT TO LEASE AGREEMENT
This Third Amendment to Lease Agreement (the "Third Amendment") is made and
entered into, effective as of September 1 , 2015 ("Effective Date"), by and between the Board of
County Commissioners of Weld County, on behalf of Weld County, Colorado, a body corporate
and politic of the State of Colorado, as successor in interest to SA 19-Riverwalk Square LLC
(hereinafter referred to as " Landlord"), and Greeley/Weld County Economic Development
Action Partnership, Inc. , d/b/a Upstate Colorado Economic Development (hereinafter referred to
as "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 7th 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 . Tenant entered into a Lease Agreement with Landlord' s predecessor-in-interest
(hereinafter referred to as the "Lease Agreement") on February 29, 2000 .
2 . Such Lease Agreement was amended by the "Amendment of Lease Agreement",
dated April 24, 2006 .
3 . The Parties agree that the Lease Agreement, as amended, is still in full force and
effect between these Parties.
C . Property Description: Suite #550 (having a rentable area of 1 , 850 square feet) of that
certain building located at 822 7th Street, Greeley, Colorado.
D. This Third Amendment shall not amend the terms of the Lease Agreement, as
previously amended, except as follows :
1 . The Lease Agreement shall be amended to add 437 square feet of space to the
1 ,850 square feet currently leased to Tenant, as shown on updated Schedule 1 A —
Space Plan, attached hereto and incorporated herein.
2 . Tenant shall pay an additional $4,763 annually ($ 396.94 per month) for the use of
the additional 43 7 square feet of space. Such amount represents the same annual
rent per square foot as provided in the current Lease Agreement, as previously
amended, for the 1 ,850 square feet currently leased to Tenant.
3 . Tenant' s total lease area comprises 2287 square feet. Tenant' s total annual rent
for the period beginning September 1 , 2015 and ending August 31 , 2016 is
$24,928 , payable in monthly installments of $2,077 . 36 .
2015-2667
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4. Exhibit A of the Lease Agreement, as previously amended, shall be deleted and
replaced with the attached updated Schedule 1 A — Space Plan.
5 . To the extent contrary to any provision in the Lease Agreement, as amended,
Landlord makes no representation regarding the continued availability beyond the
current term of this lease of the leased premises to Tenant.
E . Miscellaneous Provisions
1 . Existence of Offsets, Credits, Claims, or Causes of Action. Tenant hereby represents and
warrants to Landlord that Land lord is not in default under the Lease and Tenant has no offsets or
credits against Base Rent or any other amounts due thereunder, nor have any rentals been paid in
advance. Further, Tenant agrees that there are no existing claims or causes of action against
Landlord arising out of the Lease, nor are there any existing defenses which Tenant has against
the enforcement of the Lease by Landlord.
2 . Release From Pre-existing Claims or Causes of Action. Tenant and Tenant's partners, officers,
directors, members, managers, agents and employees, if any, hereby release Landlord, its
managers, members, partners, officers, directors, agents, employees, attorneys, successors, heirs
and assignees from any and all claims or causes of action, known or unknown, arising out of
Lease related to the period prior to the Effective Date of this Third Amendment.
3 . Effective Date. This Third Amendment shall take effect and be legally binding upon the
parties as of the Effective Date.
4. Ratification of Lease. Tenant hereby ratifies the Lease as amended by this Third Amendment,
agrees to be bound by and perform all terms of the Lease not amended hereby and agrees that all
other terms and conditions of the Lease are hereby confirmed or approved by the parties and
remain in full force and effect.
5 . 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.
6. Entire Agreement. This Third Amendment and the documents it refers to contain the entire
agreement between the parties with respect to the subject matter hereof All prior and
contemporaneous negotiations, including, without limitation, any letters of intent or other
proposals and any drafts and related correspondence, are merged into and superseded by this
Third Amendment. No subsequent alteration, amendment, change or addition to the Lease or
Third Amendment is binding on Landlord or Tenant unless it is in writing and signed by the
party against whom its enforcement is sought.
7 . Counterparts. This Third Amendment may be executed in any number of counterparts, and
when a counterpart hereof has been executed and delivered by all parties, this Third Amendment
shall be deemed binding upon the parties hereto.
8 . Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, 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.
9. 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.
10. 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.
11 . 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.
12 . 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.
13 . Attorneys Fees/Legal Costs. In the event of a dispute between Landlord and Tenant
concerning this Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf.
14. Binding Arbitration Prohibited. Landlord does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
IN WITNESS WHEREOF, the Landlord and Tenant, through their duly authorized
representatives, have executed this Third Amendment to Lease Agreement as of the Effective
Date.
GREELEY/WELD COUNTY ECONOMIC DEVELOPMENT ACTION PARTNERSHIP,
INC., D/B/A UPSTATE COLORADO ECONOMIC DEVELOPMENT, as Tenant:
By: C Date ///2.r/ -
Name: £k%a.eJ C. iike-t1eC_
Title: P, ,,S, TPi-CAD
WELD COUNTY, as Landlord:
dirow
ATTEST: �•( 'eik BOARD OF COUNTY COMMISSIONERS
Weld •unt Clerk to the :sard WELD COUNTY,CO RADO
BY: i� , � ...f. R ♦ 4 i Deputy C j rk to the Bo `�� � a ara Kirkme er Chair AUG 4 5 2015
APPROVED AS TO F r r �t APPROVED AS TO SUBSTANCE:
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Controller / ---.�.�;;;` �'� Elected'Official ficial or Department Head
AP 1.,;.11 VED AS T RM: �IA'
Director of General Services
County Attorney
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