HomeMy WebLinkAbout20102185 RESOLUTION
RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - IT'S MY VERY
OWN, INC.
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 a Lease Agreement 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 It's My Very Own, Inc., commencing September 1,
2010, and ending August 31, 2011, with further terms and conditions being as stated in said lease
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease agreement, 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 Lease Agreement 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 It's My Very Own, Inc., 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 20th day of September, A.D., 2010, nunc pro tunc September 1, 2010.
BOARD OF COUNTY COMMISSIONERS
ELD COUNT OLORADO
EL
ATTEST:
f1:.�_.•v� =1 Dou la Rademac er, air
Weld County Clerk to Y -�•;� ti 11S2.�
r.
&N.' rbara Kirkmeyer Pro-Tem
BY:
Deputy Clerk to the Boar•��i��
Sean P. C ay
APP AS TO M: C
W Le
m . GarL
un y Att ney
David E. Long
Date of signature: y/1
Ci✓'. �Sn
- (l_ lC, 2010-2185
HR0081
MEMORANDUM
re
ft DATE: September 15, 2010
WIlD TO: Douglas Rademacher, Chair, Board of County Co mis on
FROM: Judy A. Griego, Director, Human Services Departm t/���� I
• i II
COLORADO RE: Lease Agreement between the Weld County Department of
Human Services and It's My Very Own, Inc.
Enclosed for Board approval is a Lease Agreement between the Weld County Department of
Human Services and It's My Very Own, Inc. This Agreement was presented at the Board's
September 1, 2010, Work Session.
The major provisions of this Agreement are:
1. It's My Very Own, Inc., is leasing property from the Department at the location of 340
Maple Street, Frederick, Colorado, for the purpose of storing supplies that are given to
children in the Department's custody.
2. The monthly rent is $1.00 for the entire term.
3. The term of this Lease Agreement is from September 1, 2010 through August 31, 2011.
If you have questions, please give me a call at extension 6510.
2010-2185
LEASE
THIS LEASE, made and entered into this day of September, 2010, by and between
the COUNTY OF WELD, a political subdivision of the State of Colorado, on behalf of the Weld
County Department of Human Services ("WCDHS"), whose address is 315 N. 11`h Avenue,
Greeley, Colorado 80631, hereinafter referred to as "Lessor," and the It's My very Own, Inc., a
public non-profit entity, whose address is 269 15` Street, P.O. Box 916, Firestone, Colorado
80520, hereinafter referred to as "Lessee."
WITNESSETH:
WHEREAS,
That in consideration of the payment of the rent and the keeping and performance of the
covenants and agreements by Lessee, hereinafter set forth, Lessor hereby leases unto Lessee the
following described premises, situated in the County of Weld and in the State of Colorado, to-
wit: three wood Tuff Sheds, each being approximately 12 feet by 12 feet in size, located at 340
Maple Street, Frederick, Colorado, hereinafter referred to as "the Premises."
TO HAVE AND TO HOLD the same with the appurtenances unto Lessee from
September 1, 2010, for a period of one year, and continuing for successive one year terms
thereafter, subject to the termination provisions stated herein, at and for a rental of$1.00 for the
entire term.
Furthermore, the Lessee, in consideration of leasing of said premises as aforesaid,
covenants and agrees as follows:
a. To pay the rent for the aforesaid premises as hereinabove provided;
b. To use ordinary care when using the improvements upon the Premises;
c. To sublet no part of the Premises, nor assign this Lease or any interest herein,
without the prior written consent of the Lessor;
d. To use the Premises for no purpose other than conducting the business and duties
of Lessee; and
e. To keep the Premises clean, and in the sanitary condition.
Furthermore, the parties hereto agree as follows:
1. That no assent, express or implied, to any breach of any one or more of the
covenants or agreements hereof shall be deemed or taken to be a waiver of any succeeding or
Page I of 3 Pages
other breach;
2. That in case the Premises is left vacant and any part of the rent therein eserved to
be unpaid, then the Lessor may, without anywise being obligated to do so, and without
terminating this Lease, retake possession of said premises and utilize the same as the Lessor may
think best, making such changes and repairs as may be required, giving credit for the amount of
rent so received less all expenses of such changes and repairs, and Lessee shall be liable for the
balance of the rent herein reserved until the expiration of the term of this Lease;
3. That Lessee agrees to indemnify, save, and hold harmless Lessor from any and all
loss, injury, or damage whatsoever, incurred by Lessee as the result of fire, flood, inclement
weather, or other casualty, other than by negligence of the Lessor;
4. That Lessee shall be responsible to keep the Premises in a clean and tidy
condition;
5. That this Agreement may be terminated by either party hereto by giving the other
thirty (30) days written notice of such termination.
6. That Lessee shall maintain with Lessor the name, address and telephone number
of its contact person for the purposes of notice pursuant the terms of this Agreement.
IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties herein,
that if default shall be made in any of the covenants or agreements herein contained, to be kept
by the Lessee, it shall and may be lawful for the Lessor to declare said term ended and enter into
the Premises, or any part thereof, either with or without process of law, to reenter, and Lessee or
any person or persons occupying the same, to expel, remove, and put out, using such force as
may be necessary in doing so, without being liable to prosecution or any damage therefore, and
the Premises again to repossess and enjoy, is in the first and former estate of the Lessor and if at
any time said term shall be ended as aforesaid or in any other way, the Lessee hereby covenants
and agrees to surrender and deliver up the Premises peaceably to Lessor immediately upon the
termination of said term, and if the Lessee shall remain in possession of the same after the
termination thereof, Lessee shall be deemed guilty of a forcible detainer of the Premises under
the statute, hereby waiving all notice, and shall be subject to eviction and removal, forcibly or
otherwise, with or without process of law, as above stated.
IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that all the covenants
and agreements in this Lease contained shall extend to and be binding upon the heirs, executors,
legal representatives, and assigns of the respective parties hereto.
Page 2 of 3 Pages
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first written above.
LESSOR:
ATTEST: 7 •�� %�� COUNTY OF WELD, by and through
Weld County Clerk to t :;;� ,. � � the Board of County Commissioners of the
County of Weld, on behalf of the Weld
_1/42 � County Department of Human Services
� 'Si/
By: 1 �� d /� I�9i s By &P
Deputy Cler o the Board Douglts Rad acher, Chairman
SEP 2 0 2010
LESSEE:
It's My Very Own, Inc.
By: R
SUBSCRIBED AND SWORN to before me this day of
WITNESS my hand and official seal.
Notary Public
My commission expires:
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