HomeMy WebLinkAbout20070840 RESOLUTION
RE: APPROVE CONSENT TO ASSIGNMENT OF COMMUNICATIONS TOWER AND
SITE LEASE AGREEMENT FROM HOWARD AND ROBERTA FOSTER, TO MARK
FULLING, AND AUTHORIZE CHAIR TO SIGN
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 Lessee's Consent to Assignment of a
Communications Tower and Site Lease Agreement from Howard and Roberta Foster,62695 Weld
County Road 105,Grover,Colorado 80729,to Mark Fulling,3352 West 19th Street Road,Greeley,
Colorado 80634, by and through the Board of County Commissioners of Weld County,on behalf of
the Weld County Regional Communications Center,with terms and conditions being as stated in
said assignment, and
WHEREAS,after review, the Board deems it advisable to consent to said assignment, 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 Assignment of the Communications Tower and Site Lease Agreement
from Howard and Roberta Foster, to Mark Fulling, by and through the Board of County
Commissioners of Weld County,on behalf of the Weld County Regional Communications Center
be, and hereby is, approved and consented to.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said assignment consent.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of March, A.D., 2007, nunc pro tunc March 1, 2007.
BOARD OF COUNTY COMMISSIONERS
� � W COUNTY, COLOR DO
::nty Clerk to the B _ rad k
eBY: l/S aai 7729bDeputy Clerk to the Board �
Willi F. Garcia
obert D. Masden
ounty orney �nQ„t_r.-01c
Douglas Raderlt,�cher
Date of signature: /�//'7/67
2007-0840
['L' Sftr'e;, roster, Iu//:99, L`/ci CM0017
os/er7
184
ASSIGNMENT OF LEASE
The undersigned, Howard A. Foster and Roberta Foster, together hereinafter called"Assignors,"
for and in adequate consideration in hand and hereby confessed and acknowledged, does hereby
BARGAIN, SELL, TRANSFER, ASSIGN AND CONVEY unto Mark Fulling, 3352 W. 19`h St.
Rd., Greeley, Colorado 80634, hereinafter called"Assignee,"his successors and assigns, any and
all right, title and interest which Assignor may hold in and to a certain lease entitled
Communications Tower and Site Lease Agreement, entered into by and between Howard A.
Foster and Roberta Foster, Lessor and the Weld County Regional Communications Center,
Lessee, dated June 7, 2004, together with all other rights, titles and interests that Assignors have
or may hereafter acquire by virtue of said lease or any agreements relating thereto.
TO HAVE AND TO HOLD the above property interests and rights belonging unto the above
said Assignee and his successors, substitutes and assigns, forever or as may be further agreed,
AND FOR THE SAME CONSIDERATION, the undersigned Assignors for themselves, their
heirs and assigns, do covenant with the above said Assignee, his successors and assigns that the
undersigned Assignors have good right and authority to assign and convey the same that the
undersigned Assignors have not heretofore alienated, assigned or otherwise disposed of any right,
title or interest in, under and to the said Lease Agreement or any part thereof or any claims
relating thereto; and that the persons executing this Assignment has full right and authority to do
so.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of February, 2007.
6y 2
Howard A. Foster, Assignor Roberta Foster, Assignor
STATE OF COLORADO)
COUNTY OF WELD )ss.
2S(1 ItAattkl
e fore oing in tru t s ackn�owle eedd bbeforr- me th's day of February, 2007 by
a 0 it .� , Assignors. G' KREy0
Witness my hand and Official Seal. �P..• " "' •.•%�
My commission expires: O...;la I 9-eiO Notary P is c 1O
Nj•., PITBW :Qp
Oe CO-
ACCEPTANCE OF ASSIGNMENT AND AGREEMENT TO BE BOUND BY
TERMS AND CONDITIONS OF THE LEASE
Mark Fulling, Assignee, hereby accepts the above set forth assignment from Howard A.
Foster and Roberta Foster of the Communications Tower and Site Lease Agreement dated June
11111111111111111111111 IIII IIII 1111111 III 11111
3470784 04/23/2007 03:48P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-0840
7, 2004 between Howard A. Foster and Roberta Foster, Lessor and Weld County Regional
Communications Center, Lessee, and Mark Fulling, on behalf of himself, his heirs, successors
and assigns, agrees to be bound by all of the terms and conditions contained therein.
IN WITNESS WHEREOF, I have hereunto set my hand and d of February, 2007.
ark ng
STATE OF COLORADO )
COUNTY OF WELD )ss
The foregoing instrument was acknowledged before me this day of F 2007 by
Mark Fulling.`
Witness my hand and official seal. Li' L�L� i
^ I /
My commission expires: Q - lino Notary Pubic •�'G\ KREye`.
tseiTARY•'(
LESSEE'S CONSENT TO ASSIGNMENT t `y:' "
l tP . PUBL11C :`�
The Weld County Regional Communications Center, Named Lessee in the Comm .4}r e
.... ns \. ..
Tower and Site Lease Agreement between Howard A. Foster and Roberta Foster, Les ...ts it!!.!--.
Weld County Regional Communications Center, Lessee, dated June 7, 2004 ("the Lease
Agreement"), by and through the Board of County Commissioners for the County of Weld, State
of Colorado, hereby consents to the assignment of said Lease Agreement from Howard A. Foster
and Roberta Foster, Assignors, to Mark Fulling, Assignee, 3352 W. 19th St. Rd., Greeley,
Colorado 80634, on the condition that Mark Fulling, Assignee, on behalf of himself, his heirs,
successors and assigns, agrees to be bound by, and subject to, all of the terms and conditions
contained in said Lease Agreement.
The Weld County Regional Communications Center further acknowledges that future rental
payments shall be paid to Mark Fulling, 3352 W. 19`h St. Rd., Greeley, Colorado 80634,
commencing with the payment due under said Lease Agreement on the first day of March, 2007,
and continuing each month thereafter until the Lease Agreement is terminated pursuant to its
terms, or until proper notice of a change of address or payee is received by the Weld County
Regional Communications Center.
THE BOARD OF COUNTY COMMISSIO MAIM
_/,!�/��[/Yj
FOR THE COUNTY OF WELD, •
^^411
STATE OIKOLORADO t1<N.,' !. 4O ATTEST:
By El IS SI Clerk to the Board
� •/
David E. Long, Chair 3 7 ` {Ail ( t � n
i
By: eputy
UN
111111111111111111111111 IIII Oil 110111 III 11111 IIII IIII
3470784 04/23/2007 03:48P Weld County, CO
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