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RESOLUTION
RE: APPROVAL OF LEASE AGREEMENT BETWEEN WELD COUNTY AND C. WAYNE
AND IRIS I . HUGHES FOR THE CENTENNIAL DELICATESSEN.
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, in the opinion of the Board of County Commissioners ,
it is in the best interest of Weld County to enter into a Lease
Agreement with C. Wayne and Iris I. Hughes for the operation of the
restaurant facility located on the second floor of the Weld County
Centennial Center, commonly know as the "CENTENNIAL DELICATESSEN" ,
and
WHEREAS, a Lease Agreement has been prepared by Counsel for
execution by said C. Wayne and Iris I. Hughes , 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 Agree-
ment between Weld County, Colorado, and C. Wayne and Iris I. Hughes ,
as Lessee, be and hereby is approved and the Chairman of the Board
of County Commissioners of Weld County, Colorado, is hereby authorized
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 26th day of
April, A.D. , 1978 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 42,
Weld County dlerk and Recorder
and Clerk to the Board
By• Li Zuti - u m/1�e ✓ l hov.r .z9�
Deputy unty Clerk
APPRQ ED AS TO FORM:
_& County Attorney
A®o
780877
Date Presented: May 3 , 1978
LEASE AGREEMENT
THIS AGREEMENT, made and entered into on this 26th day
of April, 1978 , by and between THE COUNTY OF WELD AND STATE OF
COLORADO, hereinafter referred to as "County" , as Lessor, and
C. WAYNE AND IRIS I. HUGHES , Weld County, Colorado, hereinafter
referred to as "Operator" , as Lessee, witnesseth:
1. "County" leases to "Operator" the restaurant facilities
located behind the counter but not including the dining area,
indicated by the area enclosed in red on the attahced Exhibit "A" ,
on the second floor of the Weld County Centennial Center located
at 915 10th Street, Greeley, Colorado 80631 from April 5, 1978 till
April 5, 1979 and to continue thereafter from year to year unless
sooner terminated by either party upon the service of thirty (30)
days written notice upon the other party.
2. The restaurant facilities covered by this Lease Agreement
shall be know as the CENTENNIAL DELICATESSEN.
3. It is agreed by and between the parties to this Lease
Agreement, that "County" 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 "County" and a further inventory
of all property owned by "Operator" shall be prepared by both parties
to this Lease Agreement, and attached to this Lease Agreement and
made a part of said Lease Agreement by reference. Additions or de-
letions 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 . "Operator" 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. "Operator" 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, but
shall not be responsible for maintaining the dining area.
6. "Operator" shall not make any alterations or additions
to the premises covered by this Lease without the prior written
consent of "County" . Operator provides necessary equipment and
supplies for operating the premises .
7. "Operator" shall furnish all necessary licenses and per-
mits 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 "Operator" shall employ any personnel
in connection with the operation of the restaurant facility covered
by this Lease Agreement, "Operator" 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
"Operator" shall be the employees of "Operator" only, and shall
render no services for and on behalf of "County" as a result of said
employment.
9 . "County" 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 "Operator" and
charges for local service, including installation of said telephone
facility shall be paid for by "County" .
10. "Operator" shall allow all employees of Weld and all the
members of the public at large, free access to the dining area at
all times during the hours of operation of the restaurant facilities
covered by this Agreement, and all employees of "County" 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.
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11. No rental shall be charged "Operator" by "County" for
the premises covered by this Lease Agreement for a period of 120
days from the day of commencement of this Lease Agreement. However,
after 90 days of commencement of this Lease Agreement, "Operator"
shall submit to "County" a profit/loss statement. "Operator" and
"County" shall then negotiate a reasonable rental for the premises.
If the rental amount is agreed to, the first installment as a monthly
rental, shall become due 120 days from the day of commencement of
this Lease Agreement. If the parties cannot agree on a reasonable
rental rate, this Lease Agreement shall terminate 120 days from the
day of commencement of this Lease Agreement. Any such rental
agreement shall be in writing and executed by both parties to this
Agreement.
12 . "Operator" shall have sole discretion in determining the
content of the menu, to the extent permitted by cooking facilities
provided by "County" , 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, "Operator" shall
carry general 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. "Operator" further, during the term
of this Lease, agrees to carry liability insurance covering property
damage in an amount of at least One Hundred Thousand Dollars
($100,000. 00) .
IN WITNESS WHEREOF, the parties have executed this Agreement
at Greeley, Weld County, Colorado, on the 26th day of April, 1978 .
LESSEE:
/
C ( ,) / � 1�1
C. Wayne H ghes
Iris I. Hughes
COUNTY OF WELD AND STATE OF COLORADO
LESSOR:
BY: (I.
DEunbar, Chairman
Board of County Commissioners
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INVENTORY FOR CENTENNIAL DELICATESSEN
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 and Hot Storage Counter
1 - Litton Microwave Oven
1 - Cold Drink Service
Miscelaneous Shelving
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