HomeMy WebLinkAbout750347.tiff RESOLUTION
WHEREAS, it is apparent to the Board of County Commissioners,
Weld County, Colorado, that there is an urgent need for office space for the
Weld County District Attorney's Office, 19th Judicial District, and
WHEREAS, it is the desire of the Board to lease from the Wheeler
Realty Company as agent for Coronado Building, Greeley, Colorado, for the
use and benefit of the Weld County District Attorney's Office of the 19th
Judicial District, the following described premises:
Suitable office space on the second floor of the Coronado
Building, Greeley, Colorado, and more particularly de-
scribed as being Suite 210,
as per lease agreement attached hereto, said lease agreement being made a
part hereof by reference, for a period of one (1) year and for the total sum
of Eight Hundred Forty Dollars ($840. 00), payable in twelve (12) equal monthly
installments of Seventy Dollars ($70, 00).
NOW, THEREFORE, BE IT RESOLVED, that the County of Weld,
State of Colorado, agrees to lease from the Wheeler Realty Company, as
agent for Coronado Building, Greeley, Colorado, for the use and benefit of
the Weld County District Attorney's Office of the 19th Judicial District, the
hereinabove described premises as per said lease agreement, all as herein-
above recited.
Dated this 2nd day of July, A. D. , 1975.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board .,
Byt/�/it�itcl �C
Deputy Co y Clerk/
A O D AS TO
County Attorney
7 50 34 7
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5'., .Rs—i7SNDAtn OPTICS ASS. ALA..Dante--10.;3 IL/lla, e-e A'✓ ?"(l/V.
—Bnes.wd Publishing Co..1824-4 Stout Street. Denver,Colorado
Crane L Wheeler Realty Company THIS INDENTURE OF LEASE WITITESSETEL That
•corporation organised under the laws of the State of Colorado
hereinafter called the Landlord, does hereby demise and lease unto Weld County, Colorado
for the use of Weld County District Attorney Office
hereinafter called the Tenant, the premises known and described a1.
Suite 210, Second floor
in the Coronado Building at 920 - 9th Avenue
in the City of Greeley , State of Colorado, for the term of One (1) year
Tem beginning on the 23rd day of June a 19 75.
and ending on the 22nd day of June , 19 76,
unless the term hereof shall be sooner terminated as hereinafter provided.
Rent 2. IN CONSIDERATION of said demise, the Tenant agrees to pay
to the Landlord as rent for said premises for the full term aforesaid the total sum of
Eight Hundred Forty and O0/IO0*AAAAAAAAAAAAAAAAAAAAAA$ 840.00 ) Dollars,
payable as follows:
In twelve (12) equal monthly installments of Seventy and 00/100 ($70.00)
which said sums shall be due and payable in advance on the 1st day of each
and every calendar month during said term at the office of Landlord, or such other place in
the art of Greeley as the Landlord from time to time in writing may designate.
SERVICES as it may deem necessary or proper for the safety, im-
•
L The Landlords agrees, during the period of this provement or preservation thereof,and shall at all times
lease: have the right, at its election, to make such alterations
To beat the demised premises whenever necessary or changes to other portions of said building as it may
during reasonable business hours or customary heating from time to time deem necessary and desirable.
season. Tenant shall make no alterations in or additions to the
To provide the use of the pa•eenger elevators (if the demised premises without first obtaining the written
building is so equipped) at all times during reasonable consent of Landlord, and all additions or improvements
business hours, Sundays and holidays excepted. made by the Tenant (except only movable office fund-
To provide Anita service for the demised premises. turs) shall be deemed a part of the real estate and per-
To cause to be supplied, during ordinary business mutant structure thereon and shall remain upon and
hours, •reasonable amount of *Metrics current for light- be surrendered with said premises as a part thereof at
Ind said premises and public helps, during the time and the end of the said term, by lapse of time,or otherwise.
in the manner castcimary in said building. Tenant agrees SUBLETTING
to use l only suet electric current as shall be supplied by 6. Tenant agrees that it will not sublet the demised
Landlord for currentlighting and t pay on demand for use
of electric for any other purpose, or for any an ises,inter orst er part thereof, norittena this !teos, or
waste of electric current any interest therein, without the written consent of the
Tenant agrees that Landlord shall not be held liable Landlord first had and obtained.
for failure to supply such heating, elevator, janitor or INSOLVENCY
lighting services, or any of them, when such failure V 1. Any assignment for the benefit of creditors or Dy.
not due to gross negligence on its part, it being under
stood that Landlord reserves the right to temporarily operation of law shall not be effective to transfer any
discontinue such services,or any of them, at such times rights hereunder to the said assignee without the written
as may be necessary by reason of accident, repairs, consent of the Landlord first having been obtained.
alterations or improvements, or whenever, by reason of It is further agreed between the parties hereto that If
strikes, lockouts, riots, acts of God, or any other bap- Tenant shall be declared insolvent or bankrupt,or if any
caning, Landlord is unable to furnish such services. assignment of Tenant's property shall be made for the
Tenant agrees that if any payment of rent as herein benefit of creditors or otherwise, or If Tenant's loans
provided shall remain unpaid for more than twenty (20) hold interest herein shall be levied upon under execution,
days after the same shall become dun, Land Landlord may, or seized by virtue of any writ of any court of law, or a
without notice to Tenant, discontinuefurnishing light- Trustee in Bankruptcy or a Receiver be appointed for the
lug, heating and janitor services, or any of them, until or roDede of Tenant,whether under the operation of State
Land-
all arrears of rent shall have first been paid and di* Federal statutes, then and in any such case, Land-
charged, and that Landlord shall not be liable for dam- lord may,(notice a its o expresslytion. waiImmedived)
erm or without no-
ages, and that such action shall in no way operate to and immediately being terminate this lease
release Tenant from the obligations hereunder. i uchforc retake possession of said Drem being
using such force as may be necessary, without beinr
CHARACTER OF OCCUPANCY guilty of any manner of trespass or forcible entry or
4. Tenant agrees that the demised premises shall be detainer, and without the same working any forfeiture
used and occupied only as of the obligations of Tenant hereunder.
Iliatr.tct .AttArney.ts..0fice In case the Tenant is adjudicated a bankrupt, or pro-
la a eare[u1. safe and proper manner, and that it will ceeds, or is proceeded against under any laws, State or
pay on demand for any damage to the premises caused appointed Fep , for relief upo rs,liquidateor in thecas a receiver e
by the misuse of same by it, or Its agents or employees: Tenant,
the to wid and shall he affairs h of the
prov-
That It will not use or permit the demised premises cl, m Landlord,u c !to, election, have a t
to be used for tiny purposes prohibited by the laws of the u claim l bankruptcy sum or last receivership in n amount
equal to at lease the of the five monthly pay-
United States or the State of Colorado,or the ordinances ments of the rental provided for herein, which sum is
of the County fixed and liquidated by the parties hereto as the mini-
That it will not use or keep any substance or material mum amount of the damages sustained by the Landlord
in or about the demised premises which may vitiate or as a result of the bankruptcy or receivership of the Ten-
endanger the validity of the insurance on said building ant, and the amount of said damages may be satisfied,
or increase the hazard of the risk, or which may prove at the election of the Landlord, out of any moneys or
offensive or annoying to other tenants of the building: securities deposited hereunder as security for the pay-
That it will not permit any nuisance in the demised meat by the Tenant q the rent herein provided for.
premises.
ALTERATIONS BREACH
6. The Landlord shall have the right at any time to S. The Tenant agrees to observe and perform the eon-
enter the demised premises to examine and inspect the ditions and agreements herein set forth to be observed
same, or to make such repairs, additions, or alterations and performed by the Tenant,and further ac-eea that it
r __—.......^_
default be made by the Tenant in the payment of said FIRE CLAUSE
rent, or any part thereof, or if the Tenant shall fail to 14. If the demised premises or said building, shall be
observe or perform any of said conditions or agreements, so damaged by fire or other catastrophe as to render
and such default shall continue for a period of five (5) said premises wholly untenantable, and if such damage
days, then and in that event, and as often as the same shall be so great that a competent architect, In good
may happen, it shall be lawful for the Landlord, at its standing in the County of
election, with or without previous notice, to terminate selected by this lease and to re-enter and repossess itself of said the Landlord, shall certify in writing to the
premises, with or without legal proceedings, using such Landlord and the Tenant that said premises, with the
force as may be necessary,and to remove therefrom any exercise of reasonable diligence, cannot be made fit for
i personal property belonging to the Tenant without preju- occupancy within ninety (90) days from the happening
i dice to any claim for rent or for the breach of covenants thereof, then this lease shall cease and terminate from
hereof, or without being guilty of any manner of tree- the date of the occurrence of such damage; and the
F pass or forcible entry or detainer. Tenant thereupon shall surrender to the Landlord said
premises and all interest therein hereunder, and the
PREMISES VACATED DURING TERM OF LEASE Landlord may reenter and take possession of said rem-
9. If the Tenant shall abandon or vacate said prem- fees and remove the Tenant therefrom. The Tenant shall
lees before the end of the term of this lease, the Land- pay rent, duly apportioned, up to the time of such
lord may, at its option and without notice, enter said termination of this lease.
premises, remove any signs of the Tenant therefrom. If, however, the damalte shall be such that such an
and re-let the same. or any part thereof, as it may see architect so shall certify l:hat said demised:premises can
fit, without thereby voiding or terminating this lease. be made tenantable within such number of days from
and, for the purpose of such re-letting, the Landlord is the happening of such damage by fire or other catastro-
authorized to make any repairs, Changes, alterations Or phe, then the Landlord shall repair the damage so done
n,dltions in or to said demised premises, as may, in the with all reasonable speedt, and the rent shall be abated
opinion of the Landlord, be necessary or desirable for only for the period during which that Tenant shall be
the purpose of such re-letting, and if a sufficient sum deprived of the use of said premises Iby reason of such
shall not be realized from such reletting (after payment damage and the repair thereof.
of.ail the costs and expenses of such repairs, changes or If said demised premises,without the fault of the Ten-
alterations, and the expense of such re-letting and the ant shall be slightly damaged by fire or other catastro-
collection of rent accruing therefrom), each month to phe but not so as to render the same nntenantable, the
equal the monthly rental agreed to be paid by the Tenant landlord, after receiving notice in writing of the occur'
under the provisions of this lease, then the Tenant ranee of the injury, shall cause the same to be repaired
agrees to pay such deficiency each month upon demand with reasonable promptness; but in such event. there
therefor. shall be no abatement of the rent
In case the building throughout be so!tinted or dam-
REMOVAL OF TENANT'S PROPERTY aged,whether by fire or Otherwise (though said demised
10. If the Tenant shall fail to remove all effects from premises may not be affected) that the Landlord within
said premises upon the abandonment thereof or upon the sixty (60) days after the happening of such injury, shall
termination of this lease for any cause whatsoever, the decide to reconstruct, rebuild, or rase said building, and
Landlord, at its option, may remove the same in any shall enter Into a bona fide, legal and binding contract
manner that it shall choose, and store the said effects therefor,then upon thirty' (80) days'notices in writing to
without liability to the Tenant for loss thereof, and the that effect given by the Landlord to the Tenant, this
Tenant agrees to pay the Landlord on demand, any and lease shall cease and terminate from the date of the
ell expenses incurred in such removal, including court occurrence of said damage,and the Tenant shall pay the
costs and attorney's fees and storage charges on such rent, properly apportioned, up to such date, and both
effects for any length of time the same shall be In the parties hereto shall be free and discharged of all further
Landlord's possession; or the Landlord, at its option, obligations hereunder.
without notice, may sell said effects, or any of the same, ACCEPTANCE OF PREMISES eV TENANT
at private sale and without legal process, for such prices
as the Landlord may obtain, and apply the proceeds of 15. The taking possession of said premises by the
such sale upon any amounts due under this lease from Tenant shall be conclusive evidence as against the Ten-
the Tenant to the Landlord and upon the expense inci- ant that said premises were in good and satisfactory
dent to the removal and sale of said effects, rendering condition when possession of the same was taken.
the surplus, If any, to the Tenant WAIVER
LOSS OR DAMAGE TO TENANT'S PROPERTY 16. No waiver of any breach of any one or more of
11. All personal property of any kind or description the conditions or covenants of this lease by the Land-
whatsoever in the demised premises shall be at the Ten- lord shall be deemed to imply or constitute a waiver of
ant's sole risk, and the Landlord shall not be held liable any succeeding or other breach hereunder.
for any damage done to or loss of such personal property, , AMENDMENT OR MODIFICATION
or for damage or loss suffered by the business or occulter
ton of the Tenant arising from any act or neglect of co- 17. The Tenant acknowledges and agrees that it has
tenants or other occupants of the building, or of their not relied upon any statements, representations, agre►
employees or the employees of the Landlord or of other meats or warranties, except such as are expressed here-
persons, or from bursting, overflowing or leaking of in. and that no amendment or modification of this lease
water, sewer or steam pipes, or from heating or plumb- shall be valid or binding unless expressed In writing and
Ing fixtures, or from electric wires, or from gases, or executed by the parties hereto in the sante manner as
odors, or caused in any other manner whatever, except the execution of this lease
In the case of willful neglect on the part of the Landlord. PAYMENTS AFTER TERMINATION
LIEN ON TENANTS FURNISHINGS 18. No payments of money by the Tenant to the
12. The Tenant hereby conveys to the Landlord all of Landlord after the termination of this lease,in any man-
; the personal property situated on the leased premises as ner, or after the giving of any notice (other than a de.
security for the payment of all rentals due or to become mend for.the payment of.money) by the landlord to the
due hereunder.Said property shall not be removed there- Tenant, shall reinstate, Continue or extend the term of
from without the consent of the Landlord until all rent this lease or affect any notice given to the Tenant prior
due or to become due hereunder shall have first been to the payment of such money,it being agreed that after
paid and discharged. It is intended by the parties hereto the service of notice or the commencement of a suit or
that this instrument shall have the effect of a mortgage after final judgment granting the Landlord possession of
or lien upon such property, and the Landlord, upon de- said premises, the Landlord may receive sad collect any
fault of the Tenant in the payment of rent, may take sums of rent due, or any other sums of money due under
possession of said property either to its own use or to the terms of this lease, lied the payment of such sums
sell the same for the beat price that can be obtained at of money,'whether as redlt or otherwise, shall not waive
public or private sale, and out of the money arising said notice, or in any manner affect mj' pending suit
therefrom, pay the amount due the Landlord, and all or any judgment theretofore obtained.
costs growing out of the execution of the provisions HOLDING AFTER TERMINATION
hereof, paying the surplus, If any, to the Tenant If said 19. It is mutually agreed that if, after the expiration
property, or any portion thereof, shall be offered at upub-
ser of this lease, the Tenant shall remain in possession of
'lc auction, the Landlord may become the purchaser said premises, without a written agreement as to such
thereof. holding, then such holding over shall be deemed and
SURRENDER OF POSSESSION taken to be a holding upon a tenancy from month to
13. The Tenant agrees to deliver up and surrender to month at a monthly rental equivalent to the last monthly
the Landlord possession of said premises at the expire, payment hereinbefore provided for, payable in advance
non or termination of this lease, by lapse of time or on the same day of each month as above provided, all
otherwise,In as good repair as when the Tenant obtained other terms and conditions of this lease remaining the
the same at the commencement of said term, excepting same
only ordinary wear and decay, or damage by the els• RULES AND REGULATIONS
meets (occurring without the fault of the Tenant or 20. It is further agreed that the following rules and
other persons permitted by the Tenant to occupy or regulations shall be and are hereby made a part of this
enter the demised premises or any part thereof), or by lease, and the Tenant agrees that its employees and
act of God, or by insurrection, riot, invasion or comma- agents,or any others permitted by the Tenant to occupy
don, or of military or usurped power. or enter said premises, will at all times abide by said
rules and regulations and that a default in the perform- (10) No additional lock or locks shall be placed by jI
ance and observance thereof shall operate the same as the Tenant on any door in the building unless written
any other defaults herein: consent of the Landlord shall first have been obtained.
(1) The sidewalks, entries, passages, stairways and A reasonable number of keys to the demised premises
elevators shall not be obstructed by the Tenant, or its and to the toilet rooms will be furnished by the Land-
agents, or used by them for any purpose other than lord, and neither the Tenant, its agents or employees, i
ingress and egress. to and from their offices. shall have any duplicate key made. At the termination
(P) (a) Furniture. equipment or supplies shall be of this tenancy, the Tenant shall promptly return to the
moved In or out of the building only upon the Landlord all keys to offices, toilet rooms or vaults.
elevator designated by Landlord (if the buildingI (11) The Landlord will equip the demised premises
and
in so equipped)such and aq may be en onlybe during by such hourswith window shades of uniform color, material and
the Landl mannerprescribed hoar make,and the Tenant shall pay for any damage to same, ";
(D) No saofe or article, the weight of which may when caused by the misuse or negligence of it.its agents
constitute a hazard or danger to the building or or employees.
its equipment, shall be moved into the premises. (12) No awnings shall be placed over the windows
(c) Sates and other equipment, the weight of except by the consent of the Landlord.
which is not excessive, shall be moved into,from
do-
or about the building only during such hours and (13)raised The Tenant,a before closing see thatle the
in such. manner as shall be prescribed by the are closed,premises at to time, shall see all windows
Landlord, and the Landlord shall have the right. are in order to avoid possible damage from tire,
to designate the locatiois of such articles in the storm or freezing.
space hereby demised. (14) The Tenant shall not install or operate any
(8) Signs, notices, advertisements, or other inscrip' steam or gas engine or boiler,or carry on any mechanical
lions shall not be placed upon t*e transoms or upon any business,to the demised premises.The use of oil, gas or
other part of the building except upon the glass of the Inflammable liquids for heating, lighting or any other
doors and windowu opening front the halls Into the de- purpose is expressly prohibited. Explosives or other
wised premisee and then only by such sign writers, and articles deemed extra hazardous shall not be brought
of such size,farm and color,as ghan be first specified by Into the building.
the Landlord.
3 (4) The light through the transoms and glass parts• (15) Any painting or decorating as may be agreed
I to be done by and at the expense of the Landlord shall
1 ' Lions opening ato the halls and other parts of the build-
ins shall not be obstructed in any way by the Tenant, be doneduring work olad workoing hours; holidays hould the Tua-
(6) Water closets and other water fixtures shall not sit desire regular done hours,Sundays, payr out-
(5)
be used for any purpose other than that for which the side of os working the Tenant shall for
same are Intendthe extra cost thereoL f l
Intended, and any damage resulting to the
same from misuse on the part of the Tenant, its agents (16) The Tenant shall not mark upon, paint signs
or employees, shall be paid for by the Tenant No per upon, cut, drill into, drive nails or screws into, or in
son shall waste water by tying back or wedging the any way deface the walls, ceilings, partitions or floors !I
faucets, or in any other manner. of the demised premises or of the building, and any
(6) No animals shall be allowed In the offices, halls, defacement, damage or injury caused by the Tenant,
corridors and elevators in the building. its agents or employees, shall be paid for by the Tenant f
(7) Bicycles or other vehicles shall not be permitted (17) The Landlord shall at all times have the right, j
In the offices,halls, corridors and elevators in the build- by its officers or agents, to enter the demised premises i
ing, nor shall any obstruction of sidewalks or entrances to inspect and examine the same, and to show the
of the building by such be permitted. same to persons wishing to lease them, and may at
(8) No person shall disturb the occupants of this or any time within fifteen days next preceding the terms-
' adjoining buildings or premises by the use of any radio nation of this tenancy, place upon the doors and win-
or musical instrument or by the making of loud or ins- down of the premises the notice "For Rent" which
proper noises. said notice shall not be removed by the Tenant.
(9) The Tenant shall not allow anything to be placed (18) The Landlord reserves the right to make such
on the outside window ledges of the building, nor shall other and further reasonable rules and regulations as
anything be thrown by the Tenant, its agents or em- In its judgment may from time to time be needful and
ployees, out of the windows or doors, or down the desirable for the safety, care and cleanliness of the
courts, elevator shafts, or skylights of the building. premises and for the preservation of good order therein.
ii
i}
QUIET POSSESSION I'
The Landlord shall warrant; and defend the Tenant in the enjoyment and peaceful possession of the premises
during the term aforesaid and all terms, conditions and covenants to be observed and performed by the parties hereto
shall be applicable to and binding upon their heirs, administrators, executors,successors or assigns.
IN WITNESS WHEREOF, the said Landlord and Tenant have hereunto caused their respective names and seals
to be affixed hereto in duplicate this day of ,19
..S '
(SEAL) I
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A \ / (SEAL)
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TH., BOARD r' COUNTY COMMISSIONE 's
f WELD COUNTY, COLORADO
II
_,...._. . _,.,,,,... ",......,..„„..,.. , .........,,..,
from the office of Greeley, Colorado
THE BOARD OF COUNTY COMMISSIONERS July 8 , 19 75
WELD COUNTY, COLORADO
Mr. Lyle Myhre
Wheeler Realty
1331 8th Avenue
Greeley, Colorado 80631
Dear Mr. Myhre :
Enclosed you will find the original lease for the Coronado Building,
Suite 210, for the Weld County District Attorney' s Office. This lease
was executed by the Board of County Commissioners on July 2 , 1975. As
per our phone conversation of July 8 , 1975 , please sign this lease and
return a copy to us for our files.
Thank you for your prompt attention to this matter .
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO
�.�. sue'
S. LEE SHEHEE, R.
COUNTY CLERK & RECORDER AND
CLERK TO THE BOARD
Deputy County Clerk
Enc .
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