HomeMy WebLinkAboutRFP - P1026 NONPROFIT LEASE 906 E STUART (2)ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of RFP: P1026 Non -Profit Lease: 906 E Stuart Street
OPENING DATE: 3:00 P.M. (Our Clock) July 10, 2006
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
ADDITIONS:
Prospective applicants should note the following in particular:
• Please read the lease agreement carefully.
• It should be emphasized that the tenant is responsible for ALL maintenance and
necessary upgrades, including, but not limited to, all landscaping maintenance and
upkeep (including trees), snow removal, painting, appliances, building systems upkeep,
etc. The City of Fort Collins will not be responsible for the cost of any maintenance or
upgrades.
• Please note paragraph 4 of the Lease Agreement. The City is charging a $500 Security
Deposit, to be paid at the time the lease is executed. This deposit for utilities and rent
will be held by the City for the entire lease term.
• Since the new tenant will be responsible for all maintenance, it is advisable to include
building inspection in your due diligence. To arrange for a time for this inspection,
please call Kayla Ballard, City Real Estate Services at 416-2276. Kayla will meet you
and your inspector at the property.
• The property does not have an underground sprinkling system.
• The property is City -owned and any upgrades/repairs made by the tenant will become
the property of the City at time of lease termination. These improvements contribute to
the owner's equity investment, and will not result in a financial return at any time for the
tenant.
• Please review the standards that outline documentation needed for income verification
to meet CDBG regulations for client services
• Lease Rate has been removed from the Evaluation Criteria
ATTACHMENTS:
• Lease Agreement attached. Please read the lease agreement carefully.
• Please review the standards that outline documentation needed for income verification
to meet CDBG regulations for client services. (attached)
• Prebid Attendees List attached
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
215 North Mason Street • 2"" Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.fteov.com
CDBG INCOME VERIFICATION STANDARDS
CITY OF FORT COLLINS
(rev. 6/06)
1. 51 % of clients served during any given calendar year must fall within HUD Area Median
Income (AMI) guidelines for the current calendar year.
2. Income must be included for adults 19 years old or older in residence, even if those adults
are not immediate family members. That includes: roommates, significant others, relatives, etc.
Additionally, even if an adult, immediate family member (e.g., spouse) is NOT in residence, that
income must be declared. Examples would be those in active military service, or those who are
incarcerated. Income must also be declared for all adult family members, unless the client is
legally divorced (not just legally separated), whether or not the spouse is in residence.
3. Income Verification Documents:
At a minimum:
• months worth of the most recent paycheck stubs for ALL adult members of the client
household who are 19 years old or older
• the most recent household federal tax return may also be required
• any other forms of supplemental/alternative income must also be declared, documented,
and will be considered as part of the annual household income:
Unemployment Compensation
Social Security
Workers Compensation
Child Support
Education Grants/Work-Study
Self -Employment
TANF
SSI
SSDI
Retirement Fund Pay -outs
Alimony
Income from Assets
Pensions
General Assistance
Other Forms of Disability Assistance
Union Benefits
Family Support
Annuity Payments
" Income received for foster parent responsibilities does NOT have to be declared.
4. Clients must be informed that false statements or omissions are grounds for prosecution
under the full extent of Colorado law.
5. Information submitted to our office is considered confidential, and is used only for the purpose
of monitoring regulatory compliance.
DECLARATION OF NO INCOME
The program for which you or a person in your household is applying is funded in part
one or more of the following sources: the federal HOME Investment Partnership
program, the federal Community Development Block Grant (CDBG) program, the City of
Fort Collins Human Services Program, and/or the City of Fort Collins Affordable Housing
Fund. The City is required to verify all income of anyone receiving assistance under
these programs. To comply with this requirement, we ask your cooperation in supplying
the information requested in the Certification below. This information will be held in
strict confidence and used only for the purpose of establishing your household
eligibility.
CERTIFICATION
1, , do hereby certify that I do NOT receive income
from ANY source. I understand sources of income include,
but are not limited to, the following:
Employment by Others
Unemployment Compensation
Social Security
Workers Compensation
Child Support
Education Grants/Work-Study
Self -Employment
TANF
SSI
Retirement Funds
Alimony
Income from Assets
Pensions
General Assistance
Disability
Union Benefits
Family Support
Annuities
I certify that the foregoing is true, complete and correct. Inquiries may be made to verify
statements herein. I also understand that false statements or omissions are grounds for
disqualification and/or prosecution under the full extent of Colorado law.
Name (PRINT):
Relationship to Applicant:
Signature;
Witness Signature:
Rev. 1 /06
Date:
Date:
2006 Income Limits
Income Limits (as of 03/08/2006)
2006 Median Income for a Family of 4: $68,600
(Fort Collins/Loveland Metropolitan Statistical Area)
City of Port Collins
Household Memhem
Income
1
2
3
4
5
6
7
8
100%of
medi
median
4i8,437
55,375
62,250
6%200
74,750
80,250
85,812
91,375
of
median
389750
44,300
4%800
559350
59,800
64,200
689650
73,100
of
median
292062
332225
37,350
41,520
447850
48350
51,487
54,825
50% of
median
24,200
27,700
31,150
34,600
37,350
40,150
42,900
45,650
30% of
median
14,550J
16,600
187700
20,750
22,400
24,100
25,750
21,350
50 - 80%: Low Income
Below 50%: Very Low Income
Updated 03/09/2006
ATTENDANCE RECORD
PREBID CONFERENCE
Project: P1026 Nonprofit Lease: 906 E. Stuart Street
Time: 3:00 P.M.Date: July 10, 2006
Location:117 N. Mason
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REQUEST FOR PROPOSAL
P1026 Nonprofit Lease: 906 E. Stuart Street
C itV of Fort Collins
The City of Fort Collins is seeking proposals from qualifying nonprofit organizations.
Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North
Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our
clock), July 10, 2006. Proposal No. P1026. If delivered, they are to be sent to 215 North Mason
Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins,
80522-0580.
Questions concerning the scope of the project should be directed to Project Manager Helen Matson
(970) 221-6276.
Questions regarding proposals submittal or process should be directed to James B. O'Neill, II,
CPPO, FNIGP (970) 221-6775.
A Pre -Proposal meeting will be held at 9:00 a.m. on June 23, 2006 at 117 N. Mason St. Facilities
Building Conference Room. There will be a tour of the facility following the meeting for those who
are interested.
A copy of the Proposal may be obtained as follows:
Download the Proposal/Bid from the Purchasing Webpage,
www.fcaov.com/purchasing.
2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a
copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be rendered.
This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures that
such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
215 North Mason Street • 2n° Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.fcaov.com
P1026 Nonprofit Lease: 906 E. Stuart Street
Background:
The City of Fort Collins is the owner of the property at 906 E. Stuart Street, Fort Collins, CO
80524. This property had been the home of Sunshine School for many years. Sunshine School
provided child care for low income families and is no longer in business. The City is seeking a
non-profit tenant who would be interested in this property. The property is currently empty and
will be available immediately to the successful bidder.
Pre -Proposal Meeting:
A Pre -Proposal meeting will be held at 9:00 a.m. on June 23, 2006 at 117 N. Mason Street,
Facilities Building Conference Room. There will be a tour of the facility following the meeting for
those who are interested.
Tenants must meet the following requirements:
Proposal Submission Requirements:
1. Agency must submit documentation showing an established history of
local community service.
2. Agency must submit the most recent agency audit or equivalent financial
records (2005 or more recent).
3. Agency must provide documentation that the agency is in good financial
standing, with the financial capacity to handle maintenance costs at 906 E.
Stuart Street.
4. Agency must provide state licensing number (if applicable).
5. Agency must have current state licensure (if applicable) in good standing.
6. Must have staffing and financial capacity for operations at 906 E. Stuart Street.
7 Must have current 501(3)c status as a Colorado non-profit corporation
(show documentation)
8. Must meet a CDBG National objective by serving a majority (51 % or more) of
low -moderate income clients below 80% of Area Median Income {AMI)
(provide documentation).
9. Service must be a CDBG-eligible activity.
10. By January 315` of each year, the agency must submit a yearly report to the
CDBG Program, Advance Planning Department, City of Fort Collins. The report
should detail the prior calendar year's client statistics, demonstrating service to a
majority of (51% or more) of low -moderate income clients below 80% of Area
Median Income, and following household income documentation reporting
standards as required by the U.S. Department of Housing and Urban
Development (HUD).
Zoning:
In addition to meeting CDBG-eligible activity requirements, the proposal must be for a permitted
use in the LMN Zoning District, must comply with all building code regulations and must meet
the new Land Use Code Standards. This site has historically been used as a child care center.
If the successful proposer intends to operate a child care center and their operations
commence prior to September 9, 2006, there will not be a requirement to bring the property into
compliance with new Land Use Code. These requirements would include platting the lot.
Building and Site Specifics:
• Lot size: .3 Acres
• Design: Ranch style — main floor is main area of use for the building. There is a
second floor that is only accessible from an outside stairway entrance.
Building Square Footage: First floor 1,687 square feet
Second Floor 384 square feet
Total 2,071 square feet
Review and Assessment: .
Tenant's will be evaluated on the following criteria. These criteria will be the basis for review of
the written proposals and any interview session.
The rating scale shall be from 1 to 6, with 1 being a poor rating, 3 being an average rating, and 6
being an outstanding rating.
WEIGHTING
QUALIFICATION
STANDARD
FACTOR
Does the proposal show an understanding of the project
5.0
Proposed Use
objective, meet the CDBG and Zoning requirements,
and result in a positive use of the property?
Do the persons who will be working on the project have
5.0
Personnel
the necessary skills? Are sufficient people of the
Qualifications
requisite skills assigned to the proposed use of the
property?
2.0
Availability
When can the Tenant begin to use the property?
2.0
What is the yearly
is this within acceptable guidelines for non-profit use of
lease rate?
the facility?
How has the Tenant been meeting its mission? Does
6.0
Tenant Capability
the Tenant have the support capabilities the assigned
personnel required to continue to be viable? What is
the reputation of the Tenant in the community?
Reference evaluation (Top Ranked Tenant)
The project Manager will check references. The evaluation rankings will be labeled
Satisfactory/Unsatisfactory.
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this _ day of
2006, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as the ("City"), and
hereinafter referred to as ("Tenant").
WITNESSETH:
WHEREAS, the City is the owner of certain Premises in the City of Fort Collins
located at 906 E. Stuart Street, Fort Collins, Colorado 80524 ("Premises"); and
WHEREAS, the Tenant desires to lease said Premises for the purpose of
WHEREAS, the use by Tenant of the Premises for its would
further an important public purpose of the City of Fort Collins.
NOW THEREFORE, for and in consideration of the mutual covenants and
obligations herein expressed, the monetary payment hereinbelow recited and the public
benefit to be derived from the service provided by the Tenant, the receipt and adequacy
of which is hereby acknowledged, it is hereby mutually covenanted and agreed by and
between the parties as follows:
1. Premises. The City hereby leases to the Tenant and the Tenant hereby
leases from the City, the Premises located at 906 E. Stuart Street in the City of Fort
Collins, Colorado, said property more fully described as follows:
A tract of land situate in the Northeast 1/4 of the Northeast 1/4 of Section 24,
Township 7 North, Range 69 West of the 6th P.M., and being a part of Tract 7, of
the East Acres Subdivision, a subdivision of record in the County of Larimer,
State of Colorado, and being more particularly described as follows: Considering
the South line of said Tract 7 as bearing S 89156' 00" West and with all bearings
contained herein relative thereto: Commencing at the Southeast corner of said
Tract 7, thence S 89056'00" West along the said South line a distance of 846.15
feet to the point of beginning; thence along the East line of the Spring Meadows
on Spring Creek Subdivision N 00042' East, a distance of 140.77 feet; thence
along a South line of said subdivision N 89050' West, a distance of 99.97 feet;
thence S 00003'39" West, a distance of 141.16 feet more or less to the South line
of said Tract 7; thence N 89056'00" East, a distance of 98.40 feet to the true point
of beginning.
2. Term:
A. Base Term. The base term of this Lease shall be for a five (5) year
period commencing on 20_, unless sooner terminated by either party
pursuant to paragraph 14 hereof.
B. Extensions. Unless the City determines, at its sole discretion, that
such renewal is not in the City's interest, the Tenant shall have the right and option to
extend the base term of this lease for two additional five-year terms. However, such
extension is expressly contingent upon the Tenant not being in default hereunder.
Tenant shall provide sixty (60) day's notice prior to the end of any given lease term of its
intent to extend or to terminate the lease.
3. Rent. Tenant shall pay to the City, in advance, the sum of Five Dollars
($5.00) per year as and for rent for the above described Premises, such payment to be
made at City's Right -of -Way Office, 117 North Mason Street, Fort Collins, Colorado, or
at such other place as the City may from time to time designate.
4. Security Deposit. The Tenant shall pay to the City the amount of Five
Hundred Dollars ($500.00) to be held as a security deposit on which the City is not
required to pay interest to the Tenant. The City shall have the right to apply all or part of
said deposit to any delinquent rent or utility charges to the Premises, but is not obligated
to do so. Said deposit or balance thereof, after deduction for damages or past due rent
or utility charges shall be refunded only on termination of this Lease Agreement after
inspection by the City and after all personal property of Tenant has been removed. If
Tenant is not found to be in default of the performance of the covenants or conditions
herein at the sole discretion of the Landlord, the deposit will be returned within 60 days
of vacancy, provided Tenant has provided the City with a forwarding address to which
the deposit can be mailed. This deposit shall be not applied to the last rental payment.
5. Permissible Uses of Premises. Tenant agrees to use and occupy the
Premises only for the purpose of and associated uses and for no other
purpose whatsoever without the prior written consent of the City.
6. Condition of Premises, Maintenance and Damage. Tenant accepts the
Premises in their present condition "as is". Tenant acknowledges that the Premises, in
their present condition, comply fully with the City's covenants and obligations
hereunder. Tenant stipulates that the Premises have been examined, including the
grounds, buildings and all improvements, and that they are, at the time of this lease, in
good order and repair, safe, clean and in tenantable condition. Tenant shall be
responsible for all routine maintenance associated with the use of the Premises.
7. Alterations. Improvements and Signs.
A. All alterations, additions, improvements or changes to the Premises by
Tenant subsequent to the commencement of the Lease term shall be subject to
the written approval of the City and shall be done in a good and workmanlike
manner without impairing the structural soundness of the building and in
compliance with the building and zoning laws and with all other laws, ordinances,
orders, rules, regulations and requirements of all federal state or municipal
governments and the appropriate departments, commissions, boards and officers
thereof; and the Tenant shall procure certificates of occupancy, if required by
law. Furthermore, such alterations, additions and improvements shall not be
commenced until any contractor or subcontractor engaged for such purpose shall
deliver to the Tenant (with a copy to the City) a certificate evidencing that proper
workmen's compensation insurance is in full force and effect, covering any
persons performing such work, and that the same may not be canceled without
at least ten (10) days prior written notice to the City. Furthermore, no such
alterations, additions or improvements shall be commenced until the Tenant shall
have procured and paid for all required municipal and other governmental
permits and authorizations of the various municipal departments and
governmental subdivisions having jurisdiction over the matter.
B. All alterations, changes and improvements built, constructed, or placed
on the Premises by Tenant, with the exception of the fixtures removable without
damage to the Premises and movable personal property shall, unless otherwise
provided by written agreement between the parties hereto, be the property of the
City and remain on the Premises at the termination of this Lease.
C. The Tenant shall not affix, erect or maintain on the Premises any sign
or advertisement without first obtaining the City's approval as to the sign or
advertisement to be erected on the Premises. All such signs must comply with
all applicable laws. The cost of erection and maintenance of such sign or
advertisement shall be the responsibility of the Tenant.
8. Assignment and Subletting The Tenant shall not assign, sublet or grant
any concession or license for use of the Premises or any part thereof without the prior
written consent of the City. The City's consent to any given assignment, subletting,
concession or license shall not be deemed to be a consent to any future assignment,
subletting, concession or license. An assignment, subletting, concession or license
obtained without the prior written consent of the City, or an assignment or subletting by
operation of law, shall be void and shall, at the City's option, terminate this Lease.
9. Dangerous Materials Tenant shall not keep or have on the Premises any
article, item or thing of a dangerous, inflammable or explosive character that might
unreasonably increase the danger of fire to the Premises or that might be considered
hazardous or extra hazardous by any responsible insurance company.
10. Utilities. Tenant shall be responsible for arranging for and paying for all
utility services required on the Premises.
11. Maintenance and Repair. Tenant shall keep and maintain the Premises,
grounds, appurtenances, improvements and fixtures in a safe and sanitary condition
and in good repair during the term of this Lease and any renewal thereof at the sole
expense of the Tenant. Such maintenance shall include, but not be limited to, all
required repairs to the plumbing, heating apparatus, electric and gas fixtures, snow
removal and grounds maintenance. In addition, major maintenance and repair of the
Premises, whether or not due to the Tenant's misuse, waste or neglect or that of its
employees, agents, or visitors, shall be the sole responsibility of the Tenant at Tenant's
expense.
12. Mechanic's Liens. The Tenant agrees to pay or cause to be paid promptly
all bills and charges for material, labor or otherwise in connection with or arising out of
any alterations, additions or changes made by the Tenant or its agents or subtenants to
the Premises; and -the Tenant agrees to hold the City free and harmless against all liens
and claims of liens for such labor and materials, or either of them, filed against the
Premises or any part thereof and from and against any expense and liability in
connection therewith. The Tenant further agrees to discharge (either by payment or by
filing the necessary bond or otherwise) any mechanic's, materialman's or other liens
against the Premises arising out of any payment due or alleged to be due for any work,
labor, services, materials or supplies claimed to have been furnished at the Tenant's
request in, on or about the Premises and to indemnify the City against any lien or claim
of lien attached to or upon the Premises or any part thereof by reason of any act or
omission on the Tenant's part. The Tenant shall, however, have the right to contest any
mechanic's liens or claims filed against the Premises, provided the Tenant shall
diligently prosecute any such contest and at all times effectively stay or prevent any sale
of the Premises under execution or otherwise and pay or otherwise satisfy any final
judgment adjudging or enforcing such contested lien and thereafter procure record
satisfaction or release thereof. The Tenant also agrees in any such contest, at the
Tenant's cost and expense, to defend the same on behalf of theCity.
13. Right of Inspection. The City shall have the right at all reasonable times,
during the term of this Lease and any renewal thereof, to enter the Premises for the
purpose of inspecting the Premises and all buildings, grounds and improvements
thereof, provided the City shall contact the Tenant at least twenty-four (24) hours prior
to such visit. In the event of an emergency, to protect or minimize the risk of harm to life
or property when Tenant shall not be personally present to open and permit an entry
into the Premises, City or City's agents may enter the same by a master key or may
forcibly enter the same, without rendering the City or such agents liable therefore, and
without in any manner affecting the obligations and covenants of this Lease.
14, Surrender of Premises At the expiration of this Lease term or any
renewal thereof, the Tenant agrees to quit and surrender the Premises in as good a
state and condition as they were at the time of commencement of this Lease,
reasonable wear and tear and damages by the elements excepted. The Tenant agrees
to be responsible and to reimburse the City for any repairs to the Premises required due
to the Tenant's occupancy of the Premises.
15. Default. If any default is made in the payment of rent, or any part thereof,
at the times hereinbefore specified, or if any default is made in the performance of or
compliance with any term, provision or condition hereof, or if the Tenant fails to meet
the Community Development Block Grant (CDBG) client service requirements, this
Lease, at the option of the City, shall be terminated and forfeited, and the City may
reenter the Premises and remove all persons therefrom. The Tenant shall be given
written notice of any default or breach of the provisions of this Agreement and
termination or forfeiture of the Lease shall not result if, within twenty (20) days after
receipt of such notice, the Tenant has corrected the default or breach or has taken
action reasonably likely to affect such correction within a reasonable time.
16. Insurance.
A. The Tenant, at its sole cost and expense, shall, during the term of
this Lease, procure, pay for and keep in full force and effect a comprehensive policy of
commercial general liability insurance covering the improvements and the Premises
insuring the Tenant in an amount not less than Five Hundred Thousand Dollars
($500,000.00)_covering bodily injury, including death to persons, personal injury and
property damage liability arising out of a single occurrence. Such coverage shall
include, without limitation, legal liability of the insureds for property damage, bodily
injuries and deaths of persons in connection with the operation, maintenance or use of
the Premises (including acts or omissions of the Tenant), legal liability arising out of
lawsuits related to employment contracts of the Tenant and protection against the
liability for non -owned and hired automobiles. Such coverage shall also include, if
applicable, comprehensive automobile liability insurance, garage keepers' liability,
liability for property of others, host liquor liability, water damage liability, contractual
liability, workmen's compensation insurance for employees of the Tenant and such
other risks as shall customarily be required by private institutional mortgage investors
with respect to property similar in construction, location and use.
B. The Tenant, at its sole cost and expense, shall, during the term of this
Lease, procure, pay for and keep in full force and effect a policy of property insurance
covering all leasehold improvements to the Premises and all of the Tenant's equipment,
trade fixtures, appliances, furniture, furnishings and personal property from time to time
in, on or upon the Premises. This insurance shall be in an amount not less than the full
replacement cost without deducting for depreciation. Such insurance shall afford
protection against at least the following: (i) loss or damage from fire and perils normally
covered by the standard extended coverage endorsement; and (ii) such risk as shall
customarily be covered with respect to property similar in construction, location and use,
including all perils normally covered by the standard "all risk" endorsement when such is
available.
C. If the Tenant employs any person in connection with the operation and
use of the Premises as contemplated under this Lease Agreement, the Tenant shall, at
its own sole cost and expense, during the term of this Lease, procure, pay and keep in
full force and effect workers' compensation insurance, in an amount not less than Six
Hundred Thousand Dollars ($600,000.00) for each occurrence, for all of its employees
to be engaged in work on the Premises under this Lease Agreement.
D. All policies of insurance carried by the Tenant shall name the Tenant as
insured and shall name the City as additional insureds and loss payees for the policy.
The policy or policies shall contain a provision that the policy or policies cannot be
canceled or materially altered either by the insureds or the insurance company until
thirty (30) days prior written notice thereof is given to the Tenant and the City. Upon
issuance or renewal of any such insurance policy, the Tenant shall furnish a certified
copy or duplicate original of such policy or renewal thereof with proof of premium
payment to the City. Any such policies shall contain waivers of subrogation and waivers
of any defense based on invalidity arising from any act or neglect of any assignees or
sublessees of the Tenant.
17. Indemnification. Tenant agrees to indemnify and hold harmless the City
against all damages, claims, liabilities for injury or damage to person, property or
whenever and by whomever brought and causes of action arising from or in anyway
relating to the Tenant's possession or use of the Premises.
18. Americans with Disabilities Act. The Tenant shall comply with all Federal,
State and local laws, including the requirements of the Americans with Disabilities Act
(ADA). The City does not represent that the Premises meet the requirements of the
ADA for the purposes of Tenant's intended use of the Premises.
19. ' Conditions of the Agreement. It is further agreed by and between the City
and Tenant as follows:
A. That this Agreement may not be enlarged, modified,
or altered, except as in writing, signed by the parties as an
amendment hereto.
B. That no waiver of any breach of this Agreement shall
be held or construed to be a waiver or any subsequent breach
thereof.
C. That it is expressly understood and agreed by the
parties hereto that in the performance of the obligations provided
for in this Agreement, time is of the essence.
D. The covenants and conditions herein contained shall
apply to and bind the heirs, legal representatives, and assigns of
the parties hereto and all covenants are to be construed as
conditions of this Lease.
E. If either party must resort to legal action to enforce the
terms of this Agreement, the non- prevailing party shall reimburse
the prevailing party for the prevailing partys reasonable legal fees,
including attorney's fees.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day
and year first written above.
CITY:
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
M
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
Darin A. Atteberry, City Manager
TENANT:
go
Title:
ATTEST:
Title:
ATTACHMENT:
1. Lead -Based Paint Disclosure
CDBG Client Income Documentation for Tenants at 906 E. Stuart
HUD Guidelines regarding income documentation are VERY strict, and there is NO flexibility.
They are serious about serving people and families in true need. The requirement for the
CDBG program is that at least 51 % of clients served during any given calendar year must be
low and moderate income, according to HUD's current income guidelines.
Any tenant providing a CDBG-eligible activity at 906 E. Stuart Street who enters into a lease
agreement with the City of Fort Collins will have to provide the following to the Advance
Planning Department's CDBG program:
1) Initial census (total number of clients being served) and income verification of clients at
occupancy.
2) Within 30 days of each subsequent month, additional income verification must be
submitted for any new, eligible clients.
3) If ratios of income levels served fall below 45% eligible clients vs. 55% non -eligible
clients at any time during the calendar year, the tenant will be put on probationary status
regarding the lease. However, cumulative compliant percentages within a calendar year will be
taken into consideration.
4) A summary report and certification must be submitted by January 31s1, outlining the
total census for clients and income verification for eligible clients served during the prior
calendar year.
5) If the tenant fails to meet the yearly majority percentage (51 %) required for low and
moderate income clients served, the lease with the City will be immediately terminated.
6) Contact Information:
CDBG Program
City of Fort Collins
PO Box 580
Fort Collins, CO 80522
(281 N. College Ave., 2"d Floor
Phone: 970-221-6758