HomeMy WebLinkAbout20143845.tiff RESOLUTION
RE: APPROVE AMENDMENT TO LEASE AGREEMENT FOR THE GREELEY BUILDING AND
AUTHORIZE CHAIR TO SIGN - COLORADO RECOVERY PROPERTIES, LTD. V
PARTNERSHIP
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 to the Lease Agreement for
The Greeley Building 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 Human Services, and
Colorado Recovery Properties, Ltd. V Partnership, commencing October 1, 2014, and ending
October 31, 2017, with further terms and conditions being as stated in said amendment, and
WHEREAS,after review,the Board deems it advisable to approve said lease agreement 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 Amendment to the Lease Agreement for The Greeley Building 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 Human Services, and Colorado Recovery
Properties, Ltd. V Partnership be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of December, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: U.doct/ SIC jedeo; ��"'+� la- Rademacher, G air G
Weld County Clerk to the BoardA����� �'' //t a N
1861 ( �- -< .=ra Kirkme er, ro-Tem /
B . Y__L_L' \ l '�' ;
Dep y ' lerk to the Bo rdrr
�®Uv°� s n P. Conway
APPROVED AS TO FORM:
Mike Freeman
County Attorney EXCUSED
William F. Garcia
)/1129Date of signature:
2014-3845
C'. IASb /9 HR0085
MEMORANDUM
DATE: December 4, 2014
TO: Douglas Rademacher, Chair, Board of Commi io rs
1 / g
G O �_N T Y
� FROM: Judy A. Griego, Director, Human Se c s
RE: Amendment to the Lease Agreemen etween the Weld
County Department of Human Services' and Colorado
Recovery Properties, Ltd., V. Partnership
Enclosed for Board approval is an Amendment to the Lease Agreement between the Department
and Colorado Recovery Properties, Ltd., V. Partnership. This Lease Agreement Amendment was
reviewed under a Pass-Around Memorandum dated September 17, 2014, and was approved for
placement on the Board's Agenda.
The lease agreement with Colorado Recovery Properties for rent of space in the Greeley
Building, where our Parent Education Center is housed, expired on September 30, 2014. Drew
Notestine, of Colorado Recovery Properties, has submitted a proposed lease to commence on
November 1, 2014, and run through October 31, 2017, at a rate of$4,335 per month.
As presented in the proposal, although this would represent an 18.7% increase over the lease rate
we currently pay for the facility, the rate is actually equal to the amount that the lease was
previously scheduled for 2011, prior to the economic downturn and our multi-million dollar
over-expenditure of Child Welfare funds. When compared to the $4,095 lease rate we were
paying for the facility in 2009, the $4,335 rate represents approximately a 1% per year increase.
If you have any questions, give me a call at extension 6510.
2014-3845
AMENDMENT TO LEASE AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, STATE OF COLORADO
BY AND ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND
COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSHIP
This Amendment, made and entered into the 26th day of November, 2014, by and
between the County Commissioners, Weld County. State of Colorado, by and on behalf of the
Weld County Department of Human Services, hereinafter referred to as "Lessee," and Colorado
Recovery Properties, Ltd. V Partnership hereinafter referred to as "Lessor."
WITNESSETH
WHEREAS, the parties originally entered into a Lease on September 1, 2008, for office
space and parking spaces at the Greeley Building located at 710 11`1' Avenue. Greeley Colorado.
80631; and
WHEREAS, the Lease was subsequently modified by the Amendment To Lease
Agreement Between the Board of County Commissioners, Weld County, State of Colorado. By
And On Behalf Of The Weld County Department of Human Services And Colorado Recovery
Properties, Ltd. V Partnership, dated September 1, 2010; and
WHEREAS, the Lease was subsequently modified by the Amendment To Lease
Agreement Between the Board of County Commissioners, Weld County. State of Colorado, By
And On Behalf Of The Weld County Department of Human Services And Colorado Recovery
Properties, Ltd. V Partnership, dated September 27, 2011; and
WHEREAS, the parties desire to extend the term of their current Lease agreement, as
previously amended, by and through this Amendment; and
WHEREAS, the Weld County Department of Human Services has currently budgeted
and otherwise made available funds through the current fiscal year; and
WHEREAS, the Lessor acknowledges that the Lessee is a governmental entity, and as
such, may not receive the funding needed in subsequent fiscal years to pay the lease amount. in
which case Lessee would be compelled to terminate this lease early pursuant to the terms of the
Lease agreement.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and
agree as follows:
I. FINANCIAL OBLIGATIONS OF THE PARTIES
The following Lessee financial obligations shall supplement the terms set forth in the
Lease agreement:
A. The building space and parking spaces specified in the Lease agreement shall be leased to
the Lessee from October 1, 2014, through October 31, 2017, at and for a rental, for the
1
full term aforesaid. of One Hundred Fifty Nine Thousand and Twenty Seven and no/100
Dollars ($159,027.00). Said rent shall be payable in monthly installments as follows:
1. Three Thousand Six Hundred and Fitly One and no/100 Dollars ($3,651.00) per
month for the period from October 1, 2014, until November 30, 2014.
2. Four Thousand Three Hundred and Thirty Five and no/100 Dollars ($4,335.00) per
month for the period from December 1, 2014, until October 31. 2017.
B. Each monthly installment shall be payable in advance on or before the first day of each
calendar month during said term at the office of the Lessor.
II. INTEGRATION
This Amendment. together with the original Lease agreement, the Amendment dated
September 1, 2010, and the Amendment dated September 27, 2011, constitute the entire
understanding among the parties with respect to the subject matter hereof, and may not be
changed or modified except as stated in the Lease agreement.
TN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first written above.
LESSEE:
d l'
ATTEST: " y, BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
CLERK TO THE BOARD,,) •
CO Y C MISSION
ous Rad macher, Chair DEC 1 5 2514
By:
(Deputy) CI rk to the Board
APPROVED AS TO FORM: !APPROVED AS TO FUNDING:
444 COX k1.Q eeiv el
Weld County Attorney Controller
LESSOR: COLORADO RECO ERY PROPERTIES, LTD. V PARTNERSIIIP
By:
/ Zv 7y
M. 1er Not tine; Date
Thomas & Tyler, LI,C (General artner)
Greeley. Colorado
2
X30 3P/5
• STATE OF COLORADO )
COUNTY OF WELD )
UPS RIBED AND SWORN to before me thisli N�1 Q day of V lrber , 2014,
by M. ill Ley NOie;h to
WITNESS my hand and official seal. kat u rttAfi
Notary Public , , 1' 93 POlt
My commission expires: 31 5 v Z mi11f Q
NOTNE O
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OFCO‘, ,'
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