HomeMy WebLinkAbout20082159.tiff RESOLUTION
RE: APPROVE LEASE FOR KEOTA GRADER SHED AND AUTHORIZE CHAIR TO SIGN -
CHARLIE LEE
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 for the Keota Grader Shed
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 Public Works, and Charlie Lee,
51750 County Road 103, Grover, Colorado 80729-9552, commencing August 1,2008,with further
terms and conditions being as stated in said lease; said property being located at 51905 Roanoke
Avenue, Grover, Colorado 80729, and
WHEREAS, after review, the Board deems it advisable to approve said 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 for the Keota Grader Shed 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 Public Works, and Charlie Lee be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of August, A.D., 2008, nunc pro tunc August 1, 2008.
BOARD OF COUNTY COMMISSIONERS
15 e WELD COUNTY, COLORADO
ATTEST: ,a 4'4 `- .• 6��
1861 1',,aJ\`. Willi m H. Je ke, Chair
Weld County Clerk to the;-o. r' `
Robert D. cv1asden, Pro-Tem
BY: r 1
Deputy Cler o the Board
William F. Garcia
APPRO A M: EXCUSED
David E. Long
unty Attorney
uglas demache
Date of signature: WnAor
2008-2159
PR0030
C0 ; Let- Oci
0
MEMORANDUM
CTO: Clerk to the Board DATE: August 5, 2008
•
COLORADO FROM: George VanDorin, Public Works
SUBJECT: Agenda Item
Lease on Keota Grader Shed with Charlie Lee.
pc: Pat Persichino, Public Works
M:\Francie\Agcnda Item.doc
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2008-2159
LEASE
THIS LEASE is made and entered into this UT day of A 51, 2008, by
and between WELD COUNTY, COLORADO, by and through the Board of County
Commissioners of Weld County, Colorado, 915 Tenth Street, Greeley,
Colorado 80631, hereinafter referred to as "Lessor" and Charlie Lee,
hereinafter referred to as "Lessee" .
WITNESSETH:
That in consideration of the payment of 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, State of Colorado, to wit:
the Keota Grader Shed that is located at 51905 Roanoke Avenue
Grover, rn P0799 •
TO HAVE AND TO HOLD the same with all appurtenances unto Lessee from
the date of the signing of this Lease to and until the date of
termination of the Lessee' s employment with Weld County, at and for a
rental of Ferry Dollars ($50-) per year payable in advance, on or
before the first day of August of each year during said term,
commencing August 1, 2008 . Rent shall be payable at the office of the
Lessor at 1111 H Street, Greeley, Colorado.
Furthermore, the Lessee, in consideration of this Lease 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 premises and to
maintain the improvements upon said premises, including all sewer
connections, plumbing, wiring, and glass, in good repair at the
expense of Lessee, and at the expiration of this Lease, to
surrender and deliver up said premises in as good order and
condition as when the same was entered upon, loss by fire,
inevitable accident, or ordinary wear and tear excepted;
c. To sublet no part of the premised, nor assign this Lease or
any interest herein, nor allow any other person(s) to use said
premises, without the prior written consent of the Lessor;
d. To assume full financial responsibility to the cost of all
repairs to the premised, including the building, fixtures, and
equipment, which are required by damage caused by Lessee' s use;
e. To allow Lessor at any reasonable hour of the day to enter
into or upon the facility.
f. To indemnify and hold harmless Lessor and its agents from
any and all claims, suits, expenses, damages or other
liabilities, including reasonable attorney fees and court costs
arising out of damage or injury to persons, entities or property
caused or sustained by any person or persons as a result or any
intentional or negligent act by Lessor or Lessee.
00e--o?/52.
g. To procure and maintain comprehensive public liability
insurance providing coverage from any and all loss occasioned by
an accident or casualty on or about the leased premises. Said
liability policy shall be written on an "occurrence basis" with
limits of not less than $1, 000, 000 bodily injury liability
coverage and $400, 000 property damage liability coverage naming
Lessor as the insured. Lessor shall also be an additional named
insured on all such policies. Certificate (s) for the required
insurance shall be delivered to Lessor and shall provide that the
consent of Lessor.
h. Lessee shall protect Lessor and save and hold it harmless
from any and all third party claims and damages that may directly
or indirectly be caused by Lessee' s use of the premises in the
leased facility, and further agrees to indemnify and save
harmless Lessor, its successors, assigns, employees and agents
from any damage or injuries sustained by them to the extent
caused by Lessee' s negligence.
i. To neither hold, nor attempt to hold Lessor liable for any
injury or damage, either proximate or remote, occurring
through or caused by any repairs, alterations, injury, or
accident to adjacent premises, or occurring by reason of the
negligence or default of the owners or occupants thereof or by
any other person; nor shall Lessee attempt to hold Lessor liable
for any injury or damage occasioned by defective electrical
wiring, or by the breaking or stoppage of plumbing or sewage
system upon said premises or upon adjacent premises, whether said
breakage or stoppage results from freezing or otherwise;
j . To use said premises for no purpose prohibited by the
laws of the United States or by the State of Colorado, or by the
Weld County Code, and for no improper or questionable purpose
whatsoever;
k. To neither permit nor suffer any disorderly conduct, noise,
or nuisance whatsoever about said premises, which may have a
tendency to annoy or disturb any persons occupying the adjoining
premises;
1. To keep said premises clean and in the sanitary condition
required by the Weld County Code, and by the laws of the State of
Colorado and the regulations of the Colorado Department of
Health;
m. To keep the sidewalks in front of and around said premises
free from ice and snow, and said sidewalks and premises free from
all litter, dirt, debris, and other obstructions;
n. To neither permit nor suffer said premises, or the walls or
floors thereof, to be endangered by overloading, nor to permit or
suffer said premises to be used for any purpose which would
render the insurance thereon to be void or the insurance risk to
be considered more hazardous;
Page 2 of 5
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o. To make no alterations or changes in or about said premises
without first obtaining the written consent of the Lessor;
p. To vacate said premises and remove all personal property
therefrom upon the termination of this Lease.
THE PARTIES FURTHER AGREE AS FOLLOWS:
1. That all assessments for water usage which may be levied
against said premises during the term of the Lease shall be paid
by Lessor, and all charges for trash removal and all other
utilities, including heat, ventilation, and electricity used on
the premises shall be paid by Lessee as the same become due and
payable;
2 . That in case said premises are left vacant and any part of
the rent remains owing and unpaid, Lessor may, without being
obligated to do so, declare the lease to be terminated, and may
retake possession of said premises, and make such changes and
repairs as may be required, giving credit for the amount of rent
paid, less all expenses of changes and repairs;
3 . That this Lease may be terminated by either party hereto at
any time prior to Lessee's termination of employment with Weld
County, upon thirty (30) days written notice.
4. That in the event said premises shall become untenantable
due to damage caused by fire, flood, or act of God, this lease
may thereupon be terminated by Lessee;
5 That no assent, express or implied, to any breach of any
one or more of the covenants or agreements of this Lease shall be
deemed or taken to be a waiver of any succeeding or other breach.
IT IS EXPRESSLY UNDERSTOOD AND AGREED by the parties to this
Lease that if the rent herein required, or any part thereof, shall be
in arrears, or if Lessee shall be in default of the covenants or
agreements herein contained, it shall be lawful for Lessor to declare
the Lease terminated. Upon termination, Lessee agrees to immediately
and peaceably surrender and deliver up said premises. If Lessee shall
refuse to vacate the premises, Lessee shall be deemed guilty of a
forcible entry and detainer and Lessor shall be entitled to immediately
commence an action to remove Lessee pursuant to Colorado Revised
Statutes § 13-40-101 et seq.
IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that all covenants
and agreements contained in this Lease shall extend to and be binding
upon the heirs, executors, legal representatives, and assigns of the
respective parties hereto.
Page 3 of 5
IN WITNESS WHEREOF, the parties hereto have hereunder se their
hands and seals the day and year first stated above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: � OF THE COUNTY OF WELD, STATE
/,�
'kg 1E L% OF COLORADO
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J --�• BY:
Weld County Clerk to ;= -"Sp Bill Jerke, Chair
���� AUG 1 1 2008
BY:
Deputy Cler o the Board
LESSEE:
Charlie Lee
STATE OF COLORADO
ss :
COUNTY OF WELD
/ 5f
he foregoing agreement was acknowledged before me this
day of 008, by Charlie Lee.
WITNESS my hand and official seal.
My Commission expires : _
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Not ac Public f .tan ARpit;
1 PUBLIC s
My Commission Expires 02M5t1010
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