HomeMy WebLinkAbout20153410.tiff RESOLUTION
RE: APPROVE PROTECTIVE RENT AGREEMENT FOR 33026 COUNTY ROAD 47 AND
AUTHORIZE CHAIR TO SIGN - DINNER/L AND I FARM, LLC, C/O GLEN DINNER
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 Protective Rent Agreement for 33026
County Road 47 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 Public Works, and
Dinner/L and I Farm, LLC, do Glen Dinner, 1814 14th Avenue Greeley, Colorado 80631,
commencing September 1, 2015, and ending March 1, 2016, with further terms and conditions
being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said 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 Protective Rent Agreement for 33026 County Road 47 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 Public Works, and Dinner/L and I Farm, LLC, c/o Glen
Dinner, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of October, A.D., 2015, nunc pro tunc September 1, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifteov jete.4 arbara Kirkmeye , Chair
Weld County Clerk to the Board ^0
Mike Freeman, Pro-Tern
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ty Clerk to the Boar \.j., �!
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APPROVED AS TO FORM:
"' '41k ie A. Cozad
County Attorney � '� A ,
�I' Steve Moreno
Date of signature: �
2015-3410
EG0072
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1861 MEMORANDUM
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IFROM: Elizabeth Relford, Transportation Manager
SUBJECT: Dinner Protective Rents Agreement
As part of the RAMP grant($1,842,590),Public Works is widening the intersection of WCR 47
& SH 392. This project would include the acquisition of Mr. Dinner's rental home located at
33026 Weld County Road 47. Mr. Dinner contacted Public Works to inform us his rental home
became vacant and available for rent in the open market on September 1, 2015.
Since the county has to follow the Federal Relocation Act with this project, staff believes the
county will save money if we enter into an approved protective rents agreement with Mr. Dinner.
This agreement will allow the county to pay the same rent Mr. Dinner would charge a renter until
the time we can acquire the property in accordance with the Federal Uniform Act.
The attached agreement states Weld County agrees to pay the sum of$950.00/month as rental to
Mr. Dinner from September 1, 2015 to the date the county is entitled to possession or takes title to
the property,whichever occurs first. Mr. Dinner agrees the subject property shall not be leased or
rented to third parties and shall remain vacant and unoccupied from the date it is vacated until
such time the county takes title or possession of said premises. Mr. Dinner is asking this
agreement to include the county pay the water($18.30)and propane ($530.40)bills he already
paid.
Staff anticipates the County's rental cost to be somewhere between $3,800- $6,650,which is
anticipated to be cheaper than having to pay relocate an existing renter to a new location with a
comprable rent in the current renters market, as well as moving costs.
Staff recommends approval of the agreement. I'm available to answer any questions you may
have.
2015-3410
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Protective Rents Agreement—WCR 47/SH 392 Intersection Project
DEPARTMENT: PUBLIC WORKS DATE: 8/25/2015
PERSON(S) REQUESTING: Elizabeth Relford, Leon Sievers
Brief description of the problem/issue:
As part of the RAMP grant($1,842,590), Public Works is widening the intersection of WCR 47 & SH 392. This project
includes the acquisition of a rental home from Glen Dinner located at 33026 Weld County Road 47. Mr. Dinner has
informed the County the rental home will become vacant and available for rental in the open market on September 1,
2015. Since the county has to follow the Federal Relocation Act with this project,staff believes the county will save
money if we enter into an approved protective rents agreement with Mr. Dinner. This agreement will allow the county to
pay the same rent Mr. Dinner would charge a renter until the time we can acquire the property in accordance with the
Federal Uniform Act.
The attached agreement states Weld County agrees to pay the sum of$950.00/month as rental to Mr. Dinner from
September 1,2015 to the date the county is entitled to possession or takes title to the property,whichever occurs first.The
term of the rental agreement shall be for a period not to exceed 6 months from the date of acceptance of the agreement by
the Commissioners.The monthly rental shall be pro-rated for any periods of less than a full month. Mr. Dinner agrees the
subject property shall not be leased or rented to third parties and shall remain vacant and unoccupied from the date it is
vacated until such time the county takes title or possession of said premises. Mr. Dinner shall pay the monthly utility cost,
if any, until possession or title passses to the county unless mutally agreed in writing that the utilities may be terminated
and the property is properly winterized at Mr. Dinner's expense. In addition, Mr. Dinner further agrees to maintain
insurance on the subject property and to maintain the premises in a safe and tenantable condition until possession or title
is delivered to Weld County.
Staff anticipates the County's cost to be somewhere between $3,800-$5,700,which is anticipated to be cheaper than
having to relocate an existing renter to a new location with a comprable rent in the current renters market,as well as
moving costs.
What options exist for the Board:
Option 1: Approve the Protective Renters Agreement and put in on the next available BOCC agenda.
Option 2: Disagree with the Agreement and allow the property owner to rent out the property until acquisition occurs.
Option 3: Discuss more fully in a work session.
Recommendation to the Board: Public Works recommends option 1.
Approve Schedule
Recommendation Work Session Comments
Barbara Kirkmeyer,Chair
Mike Freeman
Sean P. Conway
Julie Cozad
Steve Moreno
Protective Rent Agree ent
THIS AGREEMENT is made this o°b day o , 2015, by and between
Dinner/L & I Farm, LLC, a Colorado limited liability company hereinafter collectively referred to as
"Dinner," whose address 1814 14th Ave., Greeley, CO 80631, and the COUNTY OF WELD, a
body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred
to as"County."
WHEREAS,The County agrees to lease from Dinner and Dinner agrees to lease to the County
the home located at 33026 Weld County Road 47(the Property) subject to the terms and provisions set
forth below:
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledged,the parties herein agree as follows:
1. County agrees to pay the sum of$950.00/month as rental to Dinner from September 1,
2015 to March 1,2016.
2. Rent shall be due on the 1st day of each month, commencing September 1, 2015. The
monthly rental shall be pro-rated for any payment period of less than a full month and shall be payable at
the following address:
Dinner/L&I Farm,LLC
Attn: Glen Dinner
1814 14th Ave.
Greeley, CO 80631
3. Dinner agrees that the Property shall not be leased or rented to third parties and shall
remain vacant and unoccupied.Dinner agrees that the Property is currently vacant and that there are no
other leases encumbering the Property.
4. County shall pay the monthly utility cost, if any, and the County may properly
winterize the Property at County's expense.
5. County shall not occupy the Home until such time as County aquires an Order for
Immediate Possesion or title to the Property. Dinner agrees to maintain insurance on the
Property and to maintain the Home in a safe and tenantable condition until possession or title is
delivered to Weld, reserving unto Dinner the right to enter and inspect the Home for maintenance
and other releated purposes.
6. This Agreement shall be interpreted according to the laws of the State of
Colorado.
7. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original signature and which collectively shall form one agreement.
0.0045-- 34°
IN WITNESS WHEREOF, the parties hereto have executed this Protective Rent Agreement as
of the day and year first above written.
OWNER: Dinner/L&I Farm,LLC,a Colorado limited liability company
- /o/o/ZO/.�—
Date
ATTEST: d6rL/ j6114'"' BOARD OF COUNTY COMMISSIONERS
Weld C o f i t Clerk to the Bo. d W.i D COUNTY,COLORADO
I
BY:
Deputy Cl i to t e Boar/ �� R 1 arbara Kirkmeyer, Chair
11e ` OCT 2 6 2015
„...--tha444 PROVED AS STANCE:
74oYs )*s
atASController " � ,jEleed icial or Department Head
APPROVED AS TO FORM: — N/A
PSDirector of General Services
County Attorney
2
ol:'.. w4' NQRTH WELD COUNTY WATER DISTRICT
I- z o P.O. BOX 56
32825 CR 39
`ti, �a LUCERNE, CO 80646
PHONE:(970)356-3020 • FAX:(970)395-0997 • E-MAIL:water@nwcwd.org
Board of Directors: Charles Achziger,Gene Stille,Robert Arnbrecht,Todd Bean,Gary Simpson Manager: Rick Pickard
ACCOUNT NUMBER NAME AND SERVICE ADDRESS BILLING PERIOD
ALBERT DINNER
732010 33026 CR 47 U�� 08/20/2015-09/21/2015
GREELEY, CO 80631
26 Water Class
I Transferred Water
TA
Utt Less YTD Usage
11 rti
Remaining Water Allocation 0Plant Investment Class
Less YTD UsageVi 14
Remaining PI Allocation
., Fki i. DI zlel DA ,nt M r.�
Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
District E-Newsletters enroll at www.nwcwd.org
Prey. Read Curr. Read Usage Unit Amount
Previous Balance 0.00
09/21/2015 Standard - Full 197 197 0 kgal 18.30
Current Amount 18.30
Total Amount Due 18.30
• 3
t,i S 2015 A. 4•.�
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DETACH HERE Any payment received after the 15th of
`11'4.. the month may not show on this billing.
o 0I. NORTH WELD COUNTY WATER DISTRICT Please note that all accounts are due by
P.O.BOX 56 LUCERNE,CO 80646 the 15th of the month.
-, PHO E:(9 O))356-3020 • FAX:(970)395-0997 • E-MAIL:water@nwcwd.org Return this stub with your payment
Thank you.
ACCOUNT NUMBER SERVICE ADDRESS AMOUNT DUE BY:10/15/2015 AMOUNT PAID
732010 33026 CR 47 $18.30
GREELEY, CO 80631
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AUTO**SCH 5-DIGIT 80632 NORTH WELD COUNTY WATER DISTRICT
ALBERT DINNER 1 >2056 P.O.BOX
56 80646-0056
1814 14TH AVE
GREELEY CO 80631-5306
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