HomeMy WebLinkAbout20142714.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR TEMPORARY OFFICE SPACE AND
AUTHORIZE CHAIR TO SIGN - OFFICE OF REPRESENTATIVE CORY GARDNER
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 for Temporary Office
Space at 915 10th Street, Greeley, Colorado, between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and the Office of
Representative Cory Gardner, commencing upon full execution of signatures, and ending
December 15, 2014, 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, conditional upon receipt
of a signed original consistent with the content as provided.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Lease Agreement for Temporary Office Space at 915 10th Street,
Greeley, Colorado, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and the Office of Representative Cory Gardner be, and
hereby is, conditionally approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease agreement upon receipt.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:da SC ;(i c +QC • S�-\,?Dougl s Rader, Chair
Weld County Clerk to the Board
EL ♦ EXCUSED
fj r Barbara Kirkmeyer, Pro-Tem
BY. � e �_ I y .1s•
D .t ty Clerk to the
can P. Conway
APP VED FORM: 4i r . � ' / � Q
♦� ♦ Mike Fr
County Attorney
illiam . Garcia
G Date of signature: .±11L___11
CC•.3G(T.T.)
q/I$ 2014-2714
BC0046
LEASE AGREEMENT
Temporary Office Space at 915 10th Street, Greeley, Colorado
THIS LEASE AGREEMENT is made and entered into this 3r° day of September, 2014,
by and between the COUNTY OF WELD, a political subdivision of the STATE OF
COLORADO, by and through the Board of County Commissioners of the County of Weld,
whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, hereinafter referred to
herein as "Landlord," and the Office of Representative Corey Gardner, referred to herein as
"Tenant."
WITNESSETH:
That in consideration of the payment of the rent and the keeping and performance by
Tenant of the covenants set forth in this Lease Agreement, Landlord hereby leases unto Tenant
the following described premises, situated in the County of Weld and in the State of Colorado,
to-wit:
Temporary office space at the Weld Centennial Center, 915 10th Street, Greeley,
Colorado, consisting of two offices and a reception area, hereinafter referred to as "the
Premises."
TO HAVE AND TO HOLD the same with the appurtenances unto Tenant at and for a
rental of One dollar($1.00) for the entire term set forth below, said sum having been paid to the
Landlord in full upon signature hereunder by Tenant, the receipt and sufficiency of which are
hereby acknowledged by Landlord. The rental shall include all utilities.
Tenant, in consideration of the leasing of the Premises, covenants and agrees as follows:
1. Tenant shall use ordinary care when using the Premises. Tenant may place signs within
the Weld Centennial Center building, directing the public to the Premises. Tenant shall,
during the Lease Agreement, maintain such signs in good condition and repair at Tenants
sole cost and expense. Said signs shall be removed at the end of this Lease Agreement;
2. Tenant shall not use the Premises for any purpose other than for use as offices during the
term hereof;
3. Tenant shall keep the Premises clean and in a sanitary condition;
4. Landlord is responsible for all custodial services provided for the Premises; and
5. Tenant shall obtain and maintain insurance sufficient to cover the contents maintained by
Tenant within the Premises.
Page 1 of 3 Pages
ari/y-027/e/
Landlord, in consideration of leasing the Premises, covenants and agrees as follows:
a. Landlord shall procure and maintain during the term of this Lease Agreement, fire and
extended coverage insurance (all risk form) for the Weld Centennial Center building in
such amounts as are customarily carried by Landlords of similar properties in the same
general geographic area. In addition, Landlord shall carry commercial general liability
insurance in an amount of not less than Two Million and no/100 Dollars ($2,000,000.00).
Landlord's system of self-insurance and additional coverage it has currently in place
shall be sufficient for these purposes; and
b. Landlord shall, at its own expense, keep and maintain the Weld Centennial Center
building in good repair at all times during the term hereof.
Furthermore, the parties hereto agree as follows:
The term of this Lease Agreement shall be from the date of signature by both parties hereunder to
and until December 15, 2014.
A. Tenant may terminate this Lease Agreement at any time during the term hereof by
notifying Landlord in writing of such intent to terminate.
B. Tenant is leasing the Premises "as is" on the beginning date of the tenancy. Any
remodels or modifications to interior finish during the tenancy must first be approved by
Landlord if the value of each modification exceeds $500.00.
C. Any furniture within the Premises which is owned by the Landlord and used by the
Tenant during the term hereof shall be left within the Premises upon termination of this
Lease Agreement.
D. If any provision of this Lease Agreement, or any application thereof to any person, shall be
invalid or unenforceable to any extent, the remainder of this Lease Agreement, and the
application thereof to other persons or circumstances, shall not be impaired, and shall be
enforced to the fullest extent permitted by law.
E. This Lease Agreement shall be governed by the laws of the State of Colorado.
F. This Lease Agreement, including any attachments and documents specifically incorporated
herein by reference, contains the entire Lease Agreement between the parties. All prior
negotiations between the parties are merged in this Lease Agreement, and there are no
understandings or Lease Agreements other than those incorporated herein. This Lease
Agreement may not be modified except by written instrument sired by both parties.
Page 2 of 3 Pages
G. It is expressly understood and agreed that the enforcement of the terms and conditions of this
Lease Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to both parties and nothing in this Lease Agreement shall give or allow any claim or
right of action whatsoever by any other person not included in this Lease Agreement. It is
the express intention of both parties that any person or entity other than the undersigned
parties receiving services or benefits under this Lease Agreement shall be an incidental
beneficiary only.
H. No portion of this Lease Agreement shall be deemed to constitute a waiver of any immunities
the parties or their officers or employees may possess, nor shall any portion of this Lease
Agreement be deemed to have created a duty of care which did not previously exist with
respect to any person not a party to this Lease Agreement.
I. The"District Office Lease Attachment"which is attached hereto is considered to be a part of
this Lease Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first written above.
LANDLORD:
COUNTY OF WELD,a political
subdivision of the STATE OF
COLORADO, by and through the Board of
ATTEST: � o� f� County Commissioners of
Clerk to the Board the County of Weld
' mow
By: BY< •
De uty Clerk to the Board ,_ ,� % Dougla3 Rademacher, Chairman
tit SP0 3 2014
TENANT:
OFFICE OF RESENT TIVE COREY
GARDN
By
Title: t"itIA e Y 6 t (Drs CW '0'+)
Page 3 of 3 Pages
aaN 27/5
VS. House of Representatives
Washington, D.C. 20515
District Office Lease Attachment
(Page 1 of 4—113t Congress,Version 2)
1. Incorporated District Office Lease Attachment. Lessor(Landlord)and Lessee
(Member/Member-Elect of the U.S. House of Representatives)agree that this District Office
Lease Attachment("Attachment") is incorporated into and made part of the Lease("Lease")and,
if applicable,District Office Lease Amendment("Amendment")to which it is attached.
2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives
("House")nor its Officers are liable for the performance of the Lease. Lessor further expressly
acknowledges that payments made by the Chief Administrative Officer of the House("CAO")to
Lessor to satisfy Lessee's rent obligations under the Lease—which payments are made solely on
behalf of Lessee in support of his/her official and representational duties as a Member of the
House—shall create no legal obligation or liability on the part of the CAO or the House
whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor
expressly agrees to look solely to Lessee for such performance.
3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and
Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for
the CAO("Administrative Counsel")must review and give approval of any amendment to the
Lease prior to its execution.
4. Compliance with House Rules and Regulations. Lessor and Lessee understand and
acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement
of funds to the Lessor,until the Administrative Counsel has reviewed the Lease to determine that
it complies with the Rules of the House and the Regulations of the Committee on House
Administration, and approved the Lease by signing on page 4 of this Attachment.
5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due
in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor
agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the
dispute before contacting Lessee.
6. Void Provisions. Any provision in the Lease purporting to require the payment of a security
deposit shall have no force or effect. Furthermore,any provision in the Lease purporting to vary
, the dollar amount of the rent specified in the Lease by any cost of living clause,operating
, expense clause,pro rata expense clause,escalation clause, or any other adjustment or measure
during the term of the Lease shall have no force or effect.
7. Certain Charges. The parties agree that any charge for default,early termination or cancellation
of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole
responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee.
8. Death,Resignation or Removal. In the event Lessee dies,resigns or is removed from office
during the term of the Lease,the Clerk of the House may, at his or her sole option,either: (a)
terminate the Lease by giving thirty(30)days' prior written notice to Lessor; or(b)assume the
obligation of the Lease and continue to occupy the premises for a period not to exceed sixty(60)
days following the certification of the election of the Lessee's successor. In the event the Clerk
elects to terminate the Lease,the commencement date of such thirty(30)day termination notice
shall be the date such notice is delivered to the Lessor or, if mailed,the date on which such notice
is postmarked.
V.5. House of[Representatives
Washington, D.C. 20515
District Offi- lease Attachment
(Page 2 of 4—113'h Congress,Version 2)
9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which
the Lessee has been elected. The Lease may be signed by the Member-Elect before taking office.
Should the Member-Elect not take office to serve as a Member of the 113th Congress,the Lease
will be considered null and void.
10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease,
the terminating party agrees to promptly file a copy of any termination notice with the Office of
Finance,U.S. House of Representatives,B-245 Longworth House Office Building,Washington,
D.C.20515, and with the Administrative Counsel,Office of the Chief Administrative Officer,
U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515.
11. Notification upon Occurrence of Certain Events. Lessor agrees to promptly notify Lessee in
I writing in the event Lessor sells,transfers,or otherwise disposes of the leased premises; in the
event Lessor is placed in bankruptcy proceedings(whether voluntarily or involuntarily); in the
event the leased premises is foreclosed upon;or in the event of any similar occurrence. Lessee
shall promptly file a copy of any such notice with the Office of Finance, U.S. House of
Representatives,B-245 Longworth House Office Building,Washington, D.C. 20515.
12. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased
premises(usually used in instances when the Lessor is selling or refinancing the building) upon
the request of the Lessor. Such an estoppel certificate shall not require the review and approval
of the Administrative Counsel.
13. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense,
all public and common areas of the building including,but not limited to, all sidewalks, parking
areas, lobbies,elevators,escalators,entryways,exits,alleys and other like areas.
14. Maintenance of Structural Components. Lessor also agrees to maintain in good order,repair
or replace as needed,at its sole expense,all structural and other components of the premises
including, but not limited to, roofs,ceilings,walls(interior and exterior),floors,windows,doors,
foundations,fixtures,and all mechanical,plumbing, electrical and air conditioning/heating
systems or equipment(including window air conditioning units provided by the Lessor)serving
the premises.
15. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to
persons or property, sustained by Lessee or any of his or her employees or guests,caused by
Lessor's failure to fulfill its obligations under Sections 13 and 14.
16. Initial Alterations. Lessor shall niake any initial alterations to the leased premises to prepare the
leased premises for Tenant's initial occupancy thereof,as requested by Lessee and subject to
Lessor's consent,which shall not be unreasonably withheld. The cost of such initial alterations
shall be included in the annual rental rate.
17. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act,28 U.S.C. §§2671-
80, satisfies any and all obligations on the part of the Lessee to purchase private liability
insurance. Lessee shall not be required to provide any certificates of insurance to Lessor.
VS. grouse of Representatives
Washington, D.C. 20515
District Office Lease Attachment
(Page 3 of 4—113th Congress,Version 2)
18. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's
officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to
any third party that may arise during or as a result of the Lease or Lessee's tenancy.
19. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable
permitting and zoning ordinances or requirements,and with all local and state building codes,
safety codes and handicap accessibility codes(including the Americans with Disabilities Act),
both in the common areas of the building and the leased space of the Lessee.
20. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds
Transfer and agrees to provide the Office of Finance, U.S. House of Representatives,with all
banking information necessary to facilitate such payments.
21. Refunds. Lessor shall promptly refund to the CAO,without formal demand,any payment made
to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended
or been terminated.
22. Conflict. Should any provision of this Attachment be inconsistent with any provision of the
attached Lease or attached Amendment,the provisions of this Attachment shall control, and those
inconsistent provisions of the Lease or the Amendment shall have no force and effect to the
extent of such inconsistency.
23. Construction. Unless the clear meaning requires otherwise,words of feminine,masculine or
neuter gender include all other genders and,wherever appropriate,words in the singular include
the plural and vice versa.
24. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result
of a bona fide, arms-length, marketplace transaction. The Lessor and Lessee certify that the
parties are not relatives nor have had, or continue to have,a professional or legal relationship
(except as a landlord and tenant).
25. District Certification. The Lessee certifies that the office space that is the subject of the Lease is
located within the district the Lessee was elected to represent unless otherwise authorized by
Regulations of the Committee on House Administration.
26. Counterparts. This Attachment may be executed in any number of counterparts and by
facsimile copy,each of which shall be deemed to be an original but all of which together shall be
deemed to be one and the same instrument.
27. Section Headings. The section headings of this Attachment are for convenience of reference
only and shall not be deemed to limit or affect any of the provisions hereof.
[Signature page follows.]
V.S. Mouse of lOpresentatives
Washington,D.C.20515
District Office Lease Attachment
(Page 4 of 4—113'"Congress,Version 2)
IN WITNESS WHEREOF,the parties have duly executed this District Office Lease Attachment as of the
later date written below by the Lessor or the Lessee.
Board of County Commissioners of the County of Weld
Print Name(Lessor) Print me(Lessee)
Lessor Signature Le Signa
September 4, 2014 Cp„A gl 2-0 (�
Date Date
120
From t e Memb is•ff c who is the p 'n ntact for estions?�1 y
Nam -j i Phone '-mail e i rt,Nhrit tN @maillou3c.gov
This District Of ce Le ,e Attac ent and the attached Lease or Amendmen have been reviewed and are
ap ro +,pursu to Regulations of the Committee on Haus Administration.
Signed Date ,20 /�.
(Administrative Counsel)
Send completed font's to Administrative Counsel,217 Ford!louse Office Building, Washington,D.C.205/5.
Copies may also be faxed to 202-225-6999
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