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HomeMy WebLinkAbout20083410.tiff RESOLUTION RE: APPROVE LEASE FOR PROPERTY LOCATED AT 910 10TH STREET, GREELEY, COLORADO 80631, AND AUTHORIZE CHAIR TO SIGN - P. S. ENTERPRISES, LTD., DBA P. S. TROPHIES AND AWARDS 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and P. S. Enterprises, Ltd., dba P. S.Trophies and Awards,for property located at 910 10th Street, Greeley, Colorado 80631, commencing January 1, 2009, and ending December 31, 2011,with further terms and conditions being as stated in said lease, and WHEREAS, on December 29, 2008, the Board deemed it advisable to continue the matter to December 31, 2008, to allow adequate time to modify the terms of the lease, and WHEREAS, on December 31, 2008, after review, the Board deems it advisable to approve the modified lease, 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and P. S. Enterprises, Ltd., dba P. S. Trophies and Awards, for property located at 910 10th Street, Greeley, Colorado 80631, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said lease. 2008-3410 PR0030 • C'C� ; / OPH 0/ -0,77-or LEASE FOR PROPERTY LOCATED AT 910 10TH STREET, GREELEY, COLORADO 80631 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of December, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Au/ ATTEST: William H. Jerke, Chair Weld County Clerk to the Bo ') p �\ (Ih L'. ��, - N11�Aa3.1 BY: (� 7 oii Robert DDD Mas , Pro-Tern De u Clerk . the Board Will' F. Garcia ?PP ED E David E. Long , County Attorney Douglas a ema r Date of signature: ( I I l l0el 2008-3410 PR0030 LEASE THIS LEASE, made and entered into this 151 day of January, 2009, by and between the COUNTY OF WELD, a political subdivision of the State of Colorado,by and through the Board of County Commissioners of the County of Weld,whose address is 915 10th Street,Greeley,Colorado 80631, hereinafter referred to as "Landlord," and P. S. Enterprises, Ltd., d/b/a P. S. Trophies & Awards, whose address is 910 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Tenant." WITNESSETH: That in consideration of the payment of the rent and the keeping and performance of the covenants and agreements by Tenant,hereinafter set forth,Landlord hereby leases unto Tenant the following described premises, situated in the County of Weld and in the State of Colorado,to-wit: approximately ten thousand (10,000) square feet of retail/office space located at 910 Tenth Street, Greeley, Colorado, hereinafter referred to as "the Premises." TO HAVE AND TO HOLD the same with the appurtenances unto Tenant for the term set forth in paragraph 3.a., below, at and for a rental of Fourteen Hundred and no/100 ($1400.00)per month, and Sixteen Thousand and Eight Hundred and no/100,($16,800.00)per year. Said monthly rent is payable on or before the first day of each calendar month at the office of the Landlord. 1. Tenant, in consideration of leasing of said premises as aforesaid, covenants and agrees as follows: a. Tenant shall pay the rent in the amount of$1400.00 per month to the Weld County Finance Director at 915 Tenth Street,Greeley,Colorado(or to any location identified by Landlord in the future) for the aforesaid premises as hereinabove provided; b. Tenant shall use ordinary care when using the improvements found on the Premises; c. Tenant shall not sublet any part of the Premises,nor assign this Lease or any interest herein,without the prior written consent of the Landlord,which consent shall not be unreasonably withheld; d. Tenant shall not use the Premises for any purpose other than conducting the retail business known as P. S. Trophies; e. Tenant shall keep the Premises clean, and in the sanitary condition required by the Ordinances and the Health and Police Regulations of the City of Greeley and/or the County of Weld; Page 1 of 4 Pages ,7XK— 3q/o f. Tenant shall allow Landlord at any reasonable hour of the day to enter into or upon and go through and view the Premises, or make any reasonable repairs to the Premises or improvements or equipment therein; g. Tenant shall contract for and pay all costs for utilities and trash removal; h. Tenant shall provide snow removal services in front of and around the leased premises as required by the City of Greeley, and needed by the Tenant in order to operate its business; i. Tenant shall obtain and maintain insurance sufficient to cover the contents maintained by Tenant within the premises, and shall pay for premises liability insurance for the interior of the leased premises as set forth below; j. Tenant shall include the Landlord, its officers, as additional named insureds on a property,casualty,and liability insurance policy,at a minimum of$600,000 coverage limit, for the Tenants's personal property, including Tenant's equipment, and for third-party liability,and shall obtain fire legal insurance in the amount of$150,000, which policy shall also name Landlord as an additional named insured; k. Tenant shall be considered the owner of all internal improvements insofar as they pertain to the operation of P. S. Trophies, and shall be entitled to remove said improvements at the expiration of the lease,as long as Tenant repairs any damage to the wall, floor or ceiling caused by the removal of said improvements from the premises. 1. In the event any rental payment required herein is not made within five(5)days after the payment is due, a late charge in the amount of Seventy Dollars ($70.00) will be paid by Tenant. 2. Landlord, in consideration of leasing said premises, covenants and agrees as follows: a. Landlord shall maintain liability,fire and premises insurance covering the premises; b. Landlord shall be responsible for all property taxes and assessments; 3. Furthermore, the parties hereto agree as follows: a. The term of this lease shall be thirty-six (36) months, beginning on the 1st day of January, 2009, and terminating on the 3151 day of December, 2011, and may be extended thereafter for additional eighteen(18)month terms. If Landlord desires to terminate the lease at the end of the first term(December 31,2011),it shall notify the Tenant of its desire to so terminate on or prior to July 1, 2010. Page 2 of 4 Pages b. 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 other breach; c. In case the Premises is left vacant and any part of the rent remains unpaid, the Landlord may,without anywise being obligated to do so,and without terminating this Lease, retake possession of said premises and utilize the same as the Landlord 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 Tenant shall be liable for the balance of the rent herein reserved until the expiration of the term of this Lease; d. Tenant agrees to indemnify, save,and hold harmless Landlord from any and all loss, injury, or damage whatsoever, incurred by Tenant as the result of fire, flood, inclement weather, or other casualty, other than by negligence of the Landlord; e. Tenant shall own and maintain all equipment, merchandise, and personal property used by Tenant and kept in the Premises; f. Tenant shall have the right to terminate this lease upon written notice to Landlord ninety(90)days prior to the anticipated date of termination,at any time after July 31, 2009. g. If,after the expiration of this lease,the Tenant shall remain in possession of the of the premises and continues to pat rent without a written agreement as to such possession, then such tenancy shall be regarded as a month-to-month tenancy at a monthly rental payable in advance, equivalent to the last month's rent paid under this lease, and subject to all the terms and conditions of this lease. IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties herein,that if the rent above reserved or any part thereof, shall be in arrears or if default shall be made in any of the covenants or agreements herein contained, to be kept by the Tenant, it shall and may be lawful for the Landlord to declare said term ended and enter into the Premises, or any part thereof, either with or without process of law,to reenter,and Tenant 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 therefor,and the Premises again to repossess and enjoy, is in the first and former estate of the Landlord and if at any time said term shall be ended as aforesaid or in any other way, the Tenant hereby covenants and agrees to surrender and deliver up the Premises peaceably to Landlord immediately upon the termination of said term,and if the Tenant shall remain in possession of the same after the termination thereof, Tenant 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. Page 3 of 4 Pages 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. IN WITNESS WHEREOF,the parties hereto have hereunder set their hands and seals the day and year first written above. � � LANDLORD: ATTEST: Lail_/,{/�� ; COUNTY OF WELD, STATE OF "' ov/.w` COLORADO by and through , ,� I . / /% The Board of County Commissioners of Weld County Clerk to the..r. �J the County of Weld fa.% 18.1 N BY: ��a ��(� ;le BY: -�; / &•- ` Deputy Clerk to the Board William H. Jerke, Chair TENANT: P. S. ENTERPRISES LTD d/b/a P. S. Trophies and Awards BY: Paul E. ad, S praetor Page 4 of 4 Pages 8-59/0 Donna Bechler From: Marcia Walters Sent: Thursday, May 03, 2012 11:30 AM To: Rose Everett; Michelle Raimer; Jewel Vaughn; Adrian Martinez; Staci Datteri-Frey; Patti Russell; Barb Connolly; Chris D'Ovidio; Teri McDaniel; Vicki Mau; Kimberly Dewey; Donna McNamara; Esther Gesick; Tonya Disney; Donna Bechler; Jennifer VanEgdom; Vicky Sprague; Monica Mika; Edna Mata; Tasia Carmichael; Monica Mika Subject: PS TROPHIES Hi Everyone, Paul from PS Trophies just stopped by and told us that he has changed the business name to Award Alliance. There will be a party with free hotdogs on 6/12 @ 11:30 and the ribbon cutting will be at 4:30. Marcia Walters Weld County Purchasing 1150"O"Street Greeley CO 80631 970-356-4000 x4223 970-336-7226(fax) Confidentiality Notice'.This electronic transmission and any attached documents or other writings are intended only for the person or entity to which his addressed and may contain information that is privileged, confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Hello