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HomeMy WebLinkAbout760650.tiff RESOLUTION RE: APPROVAL OF LEASE AGREEMENT BETWEEN WELD COUNTY AND MARGARET L. McLAUGHLIN, d/b/a CENTENNIAL DELICATESSEN. WHEREAS, the Board of County Commissioners of Weld County, Colorado, are vested with the authority of managing the affairs of Weld County, Colorado, and WHEREAS, in the opinion of the Board of County Commis- sioners, it is in the best interest of Weld County to enter into a Lease Agreement with Margaret L. McLaughlin for the operation of the restaurant facility located on the second floor of the Weld County Centennial Center, commonly known as the "CENTENNIAL DELICATESSEN" , and WHEREAS, a Lease Agreement has been prepared by Counsel for execution by said Margaret L. McLaughlin, and by the Board of County Commissioners of Weld County, Colorado, a copy of which is attached hereto and incorporated by reference at this point. NOW, THEREFORE, BE IT RESOLVED that the attached Lease Agreement between Weld County, Colorado, and Margaret L. McLaughlin, as Lessee, be and hereby is approved and the Chair- man of the Board of County Commissioners of Weld County, Colorado, is hereby authorize and directed to execute said agreement for and on behalf of Weld County, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of September, A.D. , 1976. THE BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO 9 / ATTEST: /� 2Ll f� Weld County Clerk and Recorder and,,C1erk to the Bo r ' . "2-Pt Sol_ _ 7/41 d cat peputy County C erk AP AS TO_FORRM: V : County Attorney 760650 LEASE AGREEMENT THIS AGREEMENT, made and entered into on this 22nd day of September, 1976, by and between THE COUNTY OF WELD AND STATE OF COLORADO, hereinafter referred to as "WELD" , as Lessor, and MARGARET L. McLAUGHLIN of Johnstown, Weld County, Colorado, as Lessee, witnesseth. 1. "Weld" leases to "McLaughlin" the restaurant facilities located on the second floor of the Weld County Centennial Center located at 915 10th Street, Greeley, Colorado, 80631, for an indefinite period of time. No expiration date is being determined at this time, but this Lease Agreement may be terminated by either party upon thirty- day written notice to be given by the party desiring to terminate this Lease Agreement . 2. The restaurant facilities covered by this Lease Agree- ment shall be known as the CENTENNIAL DELICATESSEN. 3 . It is agreed by and between the parties to this Lease Agreement, that "Weld" owns all of the permanent fixtures and equipment located on the premises covered by this Lease Agreement at the time that this Lease Agreement is executed by both parties. An inventory of property owned by "Weld" and a further inventory of all property owned by "McLaughlin" shall be prepared by both parties to this Lease Agreement, and at- tached to this Lease Agreement and made a part of said Lease Agreement by reference. Additions or deletions from each inventory shall be made throughout the term of this Lease Agreement so as to properly reflect the ownership of all of the personal property and permanent fixtures used in the operation of the CENTENNIAL DELICATESSEN. 4. "McLaughlin" shall maintain business hours commencing at 7 :00 o ' clock A.M. and ending at 4 :00 o ' clock P.M. on each day that the Weld County Centennial Center is open for the transaction of business. 5. "McLaughlin" shall keep the premises covered by this Lease Agreement in clean and sanitary condition and in good repair during the term of this Lease, and shall comply with all state statutes and local ordinances with regard to restaurant facilities. 6. "McLaughlin" shall not make any changes , alter- ations or additions to the premises covered by this Lease without the prior written consent of "Weld" . 7. "McLaughlin" shall furnish all necessary licenses and permits required by law for the operation of the restaurant facilities covered by this Lease Agreement. 8. It is agreed by and between the parties to this Lease Agreement that in the event "McLaughlin" shall employ any personnel in connection with the operation of the restaurant facility covered by this Lease Agreement, "McLaughlin" shall provide all necessary workman ' s compensation insurance, required unemployment insurance and any and other insurance coverage which may be required by law covering any said employees. It is further understood and agreed by the parties to this Lease Agreement, that any employees of "McLaughlin" shall be the employees of "McLaughlin" only, and shall render no services for and on behalf of "Weld" as a result of said employment. 9 . "Weld" shall furnish all of the electricity and heat and lights necessary for the operation of the restaurant facility covered by this Lease Agreement, and shall further supply a telephone to be installed on the premises occupied by the CENTENNIAL DELICATESSEN. All toll calls on said telephone shall be paid by "McLaughlin" and charges for local service, including installation of said telephone facility shall be paid for by "Weld" . 10. "McLaughlin" shall allow all employees of Weld and all the members of the public at large, free access to the -2- premises covered by this Lease Agreement at all times during the hours of operation of the restaurant facilities covered by this Agreement, and all employees of "Weld" and the general public shall at all times be permitted to bring their own lunches for consumption upon the premises covered by this Lease Agreement. 11. No rental shall be charged "McLaughlin" by "Weld" for the premises covered by this Lease Agreement for an in- definite period, however, after a reasonable period of time in which determination can be made by both "McLaughlin" and "Weld" as to the amount of profit earned by the business known as CENTENNIAL DELICATESSEN, the parties to this Agreement may negotiate for a reasonable rental charge to be implemented as a result of the use of the premises occupied by said CENTENNIAL DELICATESSEN. Any such rental agreement shall be in writing and executed by both parties to this Agreement. 12 . "McLaughlin" shall have sole discretion in deter- mining the content of the menu, and further, shall have full discretion as to the charges to be placed on each item on said menu. 13. During the term of this Lease Agreement, "McLaughlin" shall carry public liability insurance and products liability insurance providing for One Hundred Thousand Dollars ($100, 000. 00) bodily injury per person and Three Hundred Thousand Dollars ($300, 000. 00) bodily injury per accident. "McLaughlin" further, during the term of this Lease, agrees to carry liability in- surance covering property damage in an amount of at least One Hundred Thousand Dollars ($100 , 000. 00) . "McLaughlin" shall further at all times during the period of this Lease, indemnify "Weld" for every liability that may arise from the operation of the premises and be claimed against "McLaughlin" or the leased premises by any person. -3- • IN WITNESS WHEREOF, the parties have executed this Agreement at Greeley, Weld County, Colorado, on the 22nd day of September, 1976. LESSEE: M rg retfl/I: COUNTY OF WELD AND STATE OF COLORADO LESSOR: BY Chairman, Board of ounty Commissioners of Weld County, Colorado -4- i- ^• Inventory For Centenial Cafeteria 1 - Bunn Omatic Coffee Maker 2 - Tables 1 - Hobate Freezer 1 - Ward Deluxe Freezer 1 - Frigidaire Ice Chest 1 - Intedge Meat Cutter - Univex Slicer 1 - Cold Storage Counter 1 - Litton Microwave Oven 1 - Cold Drink Service 6 - Dozen Brown 10 x 14 inch Cafe trays Miscelaneous Shelving Hello