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HomeMy WebLinkAbout20154030.tiff RESOLUTION RE: APPROVE AMENDMENT OF LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - GLOBAL PIPELINE CONSULTING, INC. 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Global Pipeline Consulting, Inc., commencing upon full execution of signatures, and ending December 31, 2015, with further terms and conditions being as 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 Global Pipeline Consulting, Inc., 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 23rd day of December, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLORADO ATTEST: arbara Kirkme er, Chair Weld County Clerk to the Board e Freeman, Pro-Tern BY. e•uty Clerk to the Boar is6t e:n P. Conway APPReaD A F M: n i ' C p .► Julie A. Cozad ounty Attorney Steve Moreno Date of signature: 14/1.4L. 2015-4030 CC:BG 1 J253 PR0034 AMENDMENT OF LEASE AGREEMENT THIS AGREEMENT is made and entered into this day of December 2015,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 Global Pipeline Consulting Inc., a corporation,hereinafter referred to as"Tenant". WHEREAS,Tenant signed a Lease Agreement("Lease"), dated September 24, 2014, with CSA 19-Riverwalk Square LLC, leasing approximately 1,166 square feet of office space in the building located at 822 7th Street, Greeley, Colorado(the"Building"), and WHEREAS, Landlord purchased the Building from CSA 19-Riverwalk Square LLC, and as such is successor in interest to the Lease Agreement, and WHEREAS,the term of the Lease Agreement currently ends on September 30, 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. Section 2 of the Lease is hereby amended to delete the words"30th day of September, 2016", and replace these words with"313`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. 4. Acknowledgement of Successor in Interest. Tenant hereby expressly acknowledges that Landlord is the legal successor in interest to CSA 19-Riverwalk Square LLC, and may exercise any right granted or guaranteed by the Lease to CSA 19-Riverwalk Square LLC. 2015-4030 GENERAL PROVISIONS 5. 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. 6. No Third Party BQneficiary. 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. 7. 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. 8. 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. IN WITNESS WHEREOF,the parties hereto have signed this Agreement this 1L\ day of December, 2015. TENANT: GLOBAL PIPELINE CONSULTING INC. By. 9 iv�-tit (-44 Date Name. Title: r LANDLORD:COAWELD T: O"T" Yt ej , , je •oi BOARD OF COUNTY COMMISSIONERS ATTEST: �Zu+� •�ULD Weld ounty Clerk to the Board ELD COUNTY, C LORADO BY. Deputy I rk to the B rbara Kirkmeyer, hair D C 2S 2015 APPROVED AS T FU DING: APPROVED AS TO SUBSTANCE: -0.a.Stea Controller �cted fficial or Department Head 9 VED AS RM: t,. '�� i /A — ',.1�1 �� `� �4. = ctor of General Services �. �.►: 4 7 County Attorney otait116s& Hello