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Home My WebLink About790709 RESOLUTION RE: APPROVAL OF LEASE BETWEEN WELD COUNTY HEALTH DEPARTMENT AND F. NEIL GRAHAM AND NANCY J. GRAHAM AND AUTHORIZATION FOR CHAIRMAN TO SIGN SAME. 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, F. Neil Graham and Nancy J. Graham have agreed to lease to the Weld County Health Department the premises known and described as follows : 123 First Street, Fort Lupton, Colorado WHEREAS, a lease concerning the leasing of the above described premises has been prepared and presented to the Board of County Commissioners of Weld County, Colorado. A copy of said lease is attached hereto and incorporated herein by reference, and WHEREAS, the term of said lease is for a period of one (1) year beginning on the 1st day of January, 1979 and ending on the 31st day of December, 1979, and WHEREAS, the Weld County Health Department shall pay to F. Neil Graham and Nancy J. Graham the sum of $350. 00 per month for the leasing of the above described premises, and WHEREAS, the Board of County Commissioners deems it advisable and in the best interests of Weld County, Colorado to approve said lease. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the lease between the Weld County Health Department and F. Neil Graham and Nancy J. Graham concerning the leasing of the hereinabove described premises be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman of the Board be, and hereby is, authorized to sign said lease. 7 90 70 9 Nt OOO 7 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of February A.D . , 1979. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO , . , , �/ CC /IA* bi ATTEST: (6i.;.:j- cvrv✓n. r��*drt Weld County Clerk and Recorder and Clerk to the Board eputy County r " r ; ctTO FORM: County Attorney DATE PRESENTED: FEBRUARY 7 , 1979 Date Presented: Fort.557—ST,^NDARD OFF ICE LEASE—B.0 ,D —10-78 I _ —Bradford Publishing Co.,1546 Stout Street.Denver,Colorado(573-5011) Grant 1. .THIS INDENTURE OF LEASE WITNESSETH,That ‘--!--O F. Neil Graham and Nancy J. Graham ]4tidva tiiiiVo`f:gfa6iX&ItM fliintagsXdf( &cSIXIic1(4R hereinafter called the Landlord,does hereby demise and lease unto WELD COUNTY HEALTH DEPARTMENT , hereinafter called the Tenant,the premises known and described as in the Building at 123 First Street in the City of Fort Lupton , State of Colorado, for the term of One (1) Term beginning on the 1st day of January , 1979 , and ending on the3lst day of December , 1979 , 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 • ($4,200.00 ) Dollars, payable as follows: By monthly installments of $350.00. which said sums shall be due and payable in advance on the First day of each and every calendar month during said term at the office of Landlord, or such other place in the City of Fort Lupton as the Landlord from time to time in writing may designate. • SERVICES may from time to time deem necessary and desirable. • 3. 'tYxl4ImHLYI/:14x>;kl€$'.X�.t1ti5}18;XmY11£Lf{ 7gy+.T.4'Ct Tenant shall make no alterations in or additions to %g ]‘ the demised premises without first obtaining the writ- 3Xhialaiii(AMG}s�Y y`kj4` l>'eb}¢s ty,}41c4}4sY0ig ten consent of Landlord, and all additions or improve- d3ylyl}d',1}ekibilkgyeXll(y6j4i€gi•3(pdoliOdi;.@S}SlCbny3 4}}Ye5k}SIf ments made by the Tenant (except only movable office &AMC furniture) shall be deemed a part of the real estate and q'g,`l},dgl{ZR NyC{xA,XXXXKUKiagii'<<'tliVeXDRXXOUX permanent structure thereon and shall remain upon MAR3'Q1€XXI#Y,$21tDII( YAlitINt1XKK jIXDCIX and be surrendered with said premises as a part )(MX t4MX.KOCI p®eX• thereof at the end of the said term, by lapse of time,or otherwise. SUBLETTING 6. Tenant agrees that it will not sublet the demised premises. or any part thereof, nor assign this lease, or any interest therein,without the written consent of the Landlord first had and obtained. fl INSOLVENCY y�g�; 7. Any assignment for the benefit of creditors or by bJS�C''act," operation of law shall not be effective to transfer any bdi. iAi4 rights hereunder to the said assignee without the writ- '1 t t Itlt t. 4 1, gc VI' ( ;.li nit, li ten consent of the Landlord first having been obtained. e3 1�t' f�t4 , - , It is further agreed between the parties hereto that if �t i , Tenant shall be declared insolvent or bankrupt, or if �, ,1 k, , t�, t 4t� t Ct4 •t,p any assignment of Tenant's property shall be made for the benefit of creditors or otherwise, or 1C Tenant's leasehold interest herein shall be levied upon under ii , , 4Y, , i. hV1ri. F fi ,y t y� ' p. execution,or seized by virtue t any writ ec any court of t 4; 1�, r t 1 yyr tai,{ _ 0a1 T.ftf hhY �..4 � law, or a Trustee in Bankruptcy or a Receiver be ap rA pointed for the property of Tenant, whether under the i ! U 4 i. l l operation of State or Federal statutes,then and in any 1 I'1 .• , ,fR�t� toy ttt n'3' '4A�r �ih Nt t i t fi i 4 t 4 qr` t 1 ' such case, Landlord may, at its option, immediately, . 8 ,r Y 4 A� •� , .: with or without notice (notice being expressly waived) �p • terminate this lease and immediately retake possession -Ili i,Y'z? 1.14.. r• t ih 7 p• 1yt.., of said premises,using such force as may be necessary, . , .N without being guilty of any manner of trespass or forci- �1 yy,r1 t{ p ' ble entry or detainer, and without the same working �Yyt. e '•/ rf:IF �,1.•01 �t tti. i any forfeiture of the obligations of Tenant hereunder. CHARACTER OF OCCUPANCY In case the Tenant iii adjudicated a bankrupt,or pro- ceeds, or is proceeded against under any laws, State or • Federal, for relief of debtors, or in case a receiver is 4.Tenant agrees that the demised premises shall be appointed to wind up and liquidate the affairs of the used and occupied only as A Business Office _ Tenant,the Landlord, at its election. shall have a prov- Or Medical Clinic able claim in bankruptcy or receivership in an amount — - __.._ _.._ equal to at least the sum of the last five monthly pay- in a careful,safe and proper manner,and that it will pay ments of the rental provided for herein, which sum is on demand for any damage to the premises caused by fixed and liquidated by the parties hereto as the the misuse of same by it,or its agents or employees; minimum amount of the damages sustained by the That it will not use or permit the demised premises to Landlord as a result of the bankruptcy or receivership be used for any purposes prohibited by the laws of the of the Tenant, and the amount of said damages may be United States or the State of Colorado, or the ordi- satisfied, at the election of the Landlord, out of any nances of the County moneys or securities deposited hereunder as security That it will not use or keep any substance or material for the payment by the Tenant of the rent herein pro- ' in or about the demised premises which may vitiate or vided for. endanger the validity of the insurance on said building BREACH or increase the hazard of the risk,or which may prove offensive or annoying to other tenants of the building; 8; The Tenant agrees to observe and perform the That it will not permit any nuisance in the demised conditions and agreements herein set forth to be ob- premises. served and performed by the Tenant, and further ALTERATIONS agrees that if default be made by the Tenant in the payment of said rent, or any part thereof, or if the 5. The Landlord shall have the right at any time to Tenant shall fail to observe or perform any of said con- enter the demised premises to examine and inspect the ditions or agreements, and such default shall continue same,or to make such repairs, additions,or alterations for a period of five(5)days,then and in that event,and as it may deem necessary or proper for the safety, im- as often as the same may happen, it shall be lawful for provement or preservation thereof, and shall at all the Landlord, at its election, with or without previous times have the right,at its election,to make such alter- notice, to terminate this lease and to re-enter and re- ations or changes to other portions of said building as it possess itself of said premises, with or without legal i;i:y ADDENDUM TO LEASE AGREEMENT DATED: January 1, 1979 LANDLORD: F. Neil Graham and Nancy J. Graham TENANT: Weld County Health Department ADDRESS- LOCATION: 123 First Street Upon the same consideration as stated in the printed portion of this Lease it is further agreed: 1. Any off street parking area and other common areas of the building shall be for the non-exclusive use of the Tenant, employees, customers, guests and invitees, in common with the other tenants. Signs: Tenant may place or paint and identification sign upon the glass of the door and window of the premises. In addition Tenant may install one sign, at Tenant' s sole coat, shall be of standard size and design selected and determined by the Landlord. 2. The Landlord shall keep the foundation, the outer walls, glass windows and window frames and the roof and exterior of the premises and the heating and air conditioning system in good repair and condition provided that Landlord shall not be called upon to make and such repairs occasioned by the act of negligence of the Tenant, his agents or employees which repairs shall be paid for by Tenant. During the term hereof, Tenant shall keep the interior of the demised premises including, without limitation, the doors, interior walls, electrical system, and plumbing within the demised premises in good order, and operating condition and repair at Tenant's sole cost and expense. The Tenant shall keep the demised premises in a clean, sanitary and safe condition in accordance with all directions, rules and regulations of any health officers, building inspectors or other governmental agencies having juris- diction and in conformity with the rules and regulations of the Landlord, from time to time and shall dispose of all trash and waste materials in any trash containers provided by Landlord for this purpose, if same are so provided. 3. Concurrently with the execution of this Lease, Tenant has deposited with the Landlord and will keep on deposit at all times during the term, the summ of Three Hundred Fifty Dollars($350.00 ), the receipt of which is hereby acknowledged, as security for the payment by Tenant of the rents herein agreed to be paid, and for the faithful performance of all the terms, conditions and covenants hereof. If, at any time during the term Tenant shall be in default in the performance of any provision of this Lease, Landlord shall have the right to use said deposit or so much therof as necessary, in payment of any rent in default as aforesaid, in reimbursement of any expenses incurred by Landlord, and in payment of any damages incurred by Landlord by reason of Tenant's default. - -2- or at the option of Landlord, the same may be retained by Landlord. In such event, Tenant shall, on written demand of Landlord, forth- with remit to Landlord a sufficient amount in cash to restore said deposit to its original amount. In the event said deposit has not been utilized as aforesaid, said deposit, or as much thereof as has not been utilized for said purposes, shall be refunded to Tenant, without interest, upon full performance of this Lease by Tenant. Landlord shall have the right to commingle said deposit with other funds of Landlord. Landlord may deliver the funds deposited herein by Tenant to the purchaser of Landlord's interest in the demised premises in the event such interest be sold and, thereupon, Landlord shall be discharged from further liability with respect to such deposit. Said deposit shall not be considered as liquidated damages and if claims of Landlord exceed said deposit, Tenant shall remain liable for the balance of such claims. 4. The Landlord and Tenant, and each Tenant, agrees that if the interest on which they have obtained insurance in connection with the transaction contemplated hereby shall be damaged or destroyed during the term of this Lease by a peril insurable under a standard fire and extended coverage policy, and whether or not such damage or destruction was cased by the neglect of the other party, neither party shall have any liability to the other or to any insuror of the other for or in respect of such damage or destruction to the extent covered by such insurance; and each party shall require all policies of material damage insurance carried by such party during the term of this Lease to be endorsed with a provision in and by which the insuror designated therin shall waive its right of subrogation against the other. 5. At the request of Landlord, or and lender, this Lease will at all times be subordinate to the lien of any mortgages now or hereafter placed upon Landlord' s interest in the demised premises. Tenant agrees to execute and deliver upon Landlord's demand such instruments subordinating this Lease to the lien of any such mortgages as are reasonably necessary in connection therewith provided that the Landlord delivers to Tenant at the same time an agreement by the lender not to disturb or interfere with the rights of the Tenant hereunder in the event of any foreclosure so long as the Tenant complies with all the provisions hereof. 6. Tenant shall indemnify and hold harmless Landlord from and against any and all claims arising from Tenant' s use of the premises or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the premises, and shall further indemnify and hold Landlord harmless from and against any and all claims arising from any breach or default in the perfor- mance of any obligation on Tenant' s part to be performed under the terms of this Lease, or arising from any act or negligence of Tenant, or any of its agents, contractors, or employees and from and against all costs, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought theron; and in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord, shall defend the same at Tenant's expense by counsel reasonable satisfac- tory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the premises from any cause and Tenant hereby waives all claims in respect thereof against Landlord. TENANT: LANDLORD: Weld County Health Department - E Y iLe�u _ tee. 0 '�'� / l" F. Neil Graham I Nancy J. Graham Hello