HomeMy WebLinkAbout20042900.tiff RESOLUTION
RE: APPROVE LEASE OF A PORTION OF THE SOUTHWEST WELD ADMINISTRATIVE
BUILDING AND AUTHORIZE CHAIR TO SIGN - MOUNTAIN VIEW FIRE
PROTECTION DISTRICT
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 of a portion of the Southwest Weld
Administrative Building between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and the Mountain View Fire Protection District,
commencing September 27, 2004, and ending November 30, 2004, with further terms and
conditions being as stated in said lease, 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 of a portion of the Southwest Weld Administrative Building
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Mountain View Fire Protection District 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 29th day of September, A.D., 2004, nunc pro tunc September 27, 2004.
BOARD OF COUNTY COMMISSIONERS
WELDVTY, COLORADO
ATTEST: (5(1 nUnVA�^ 1—
�� Robert D. Masden, Chair
� ;i _ .t� ty Clerk to the Board
0 /I"t. William H. rke, Pro-Tem
&Or,.• •,Clerk to the Board
` r ��, M. J. eile
v'--OVED AS TO M:
EXCUSED
David E�1�
rX ��
County Attorn
Glenn Vaad
Date of signature: /d 75-79i.
2004-2900
PR0025
g() :/7WFFD,
LEASE
THIS LEASE, made and entered into this day of , 2004, by and
between THE COUNTY OF WELD, State of Colorado, by and through the Board of County
Commissioners of the County of Weld, 915 Tenth Street, Greeley, Colorado 80631, hereinafter
referred to as "Lessor," and the MOUNTAIN VIEW FIRE PROTECTION DISTRICT, 9119
County Line Road, Longmont, CO 80501, hereinafter referred to as "Lessee."
WITNESSETH:
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
Premises situated in the County of Weld and in the State of Colorado, to-wit: four rooms in the
Southwest Weld Administrative Building, located at 4209 WCR 24%, Weld County, Colorado,
hereinafter referred to as the "Premises" and depicted in the building layout which is attached
hereto as "Exhibit A."
TO HAVE AND TO HOLD the same with the appurtenances unto Lessee from
September 27, 2004, to and until November 30, 2004, at and for a rental, for the full term
aforesaid, of$1.00 per year, payable at the office of the Lessor. During such term and according
to the conditions stated herein, the Lessee shall have the right to use the Premises for temporary
housing of the Lessee's two person ambulance/rescue crew, twenty-four (24) hours per day,
seven (7) days per week. The Lessor and the Lessee shall have the right to terminate this Lease
at any time during the term herein stated for any reason upon written notice of such termination
delivered to the other party at least seven (7) days prior to the date of termination.
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 said Premises;
c. To sublet no part of said Premises, nor assign this Lease or any interest herein,
without the prior written consent of the Lessor;
d. To use said Premises for no purpose other than for the purposes of the Lessee as
stated above;
e. To keep said Premises clean, and in the sanitary condition required by the
Lessor; and
Page 1 of 4 Pages
2004-2900
f. To neither hold nor attempt to hold the Lessor liable for any injury or damage,
either proximate or remote, occurring through or caused by any injury or accident
to the Premises by reason of the negligence, default, or omission of the Lessor or
its officers, employees, or agents.
Furthermore, the parties hereto agree as follows:
1. All costs for utilities used by the Lessee, including, but not limited to, water,
sewer, and electric for the Premises shall be paid for by Lessor.
2. 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.
3. If, after the expiration of the term of this Lease, the Lessee shall desire to
remain in possession of said Premises upon the consent of the Lessor, and
continue to pay rent for an additional term, this Lease shall continue for such
extended term as agreed to by the parties under the same terms and conditions set
forth herein.
4. In case said Premises are left vacant and any part of the rent therein reserved
to be unpaid, then the Lessor may, without anywise being obligated to do so, and
without terminating this Lease, retake possession of said Premises.
5. Lessee shall indemnify, save, and hold harmless Lessor from any and all loss,
injury, or damage whatsoever, including, but not limited to, operational
interruption, incurred by Lessee as the result of fire, flood, inclement weather, or
other casualty.
6. Lessee shall be responsible to keep the Premises in a clean and tidy condition
during the term of this Lease.
7. This Lease may not be assigned or sublet by Lessee to any other person or
entity without the express written consent of the Lessor.
8. That parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or employees,
hereto. This Lease embodies all agreements between the parties hereto and there
are no promises, terms, conditions, or obligations referring to the subject matter
whereof other than as contained herein.
Page 2 of 4 Pages
9. If any term or provision of this Lease, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder
of this Lease, or the application of such terms or provisions, to a person or
circumstances, other than those as to which it is held invalid or unenforceable,
shall not be affected, and every other term and provision of this Lease shall be
deemed valid and enforceable to the extent permitted by law.
10. No portion of this Lease shall be deemed to constitute a waiver of any immunities
the parties or their officers or employees may possess, nor shall any portion of this
Lease be deemed to have created a duty of care which did not previously exist
with respect to any person not a party to this Lease.
11. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Lease, and all rights of action relating to such enforcement, shall
be strictly reserved to the undersigned parties, and nothing in this Lease shall give
or allow any claim or right of action whatsoever by any other person not included
in this Lease. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Lease
shall be an incidental beneficiary only.
12. That the Lessee shall remove any and all equipment it has within the Premises
upon termination of this Lease.
13. The Lessee's ambulance/rescue personnel shall be given keys/combinations to the
Premises to effectuate 24 hour per day/ 7 day per week access. In addition, access
for an extension cord to plug in the ambulance/rescue unit shall be available under
the garage door.
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
said 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 therefor, and the
said 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 said 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 said 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.
This Lease is made by and between the parties hereto with the express understanding and
agreement that in the event Lessee becomes insolvent or is declared bankrupt, then, in either
event, the Lessor may declare this lease ended, and all rights to Lessee hereunder shall thereupon
terminate and cease.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first written above.
LESSOR:
iirleadamit
COUNTY OF WELD, STATE OF
COLORADO by and through
' MI tea the Board of County Commissioners of
;��rr C' - , ,Clerk to the Board the County of Weld
Qq
��► •erg; ��_, s r By: V , ( iptc)
Deputy Clerk o the Board Robert D. Masden, Chairman SEP 2 9 7004
LESSEE:
MOUNTAIN VIEW FIRE PROTECTION
DISTRICT
By:
STATE OF COLORADO )
County of 71.21 ) ss.
7 )
The forgoing instrument was acknowledged before me this 27 day of �k;i��n6
2004, by IY1 Cc.r f(, l_Z!S, ;/-e . \ Mountain View Fire Protec on District.
Witness my hand and off,:-::`F .
0•N0TARy•�C . /� � -41LO �/ t
N ary$ is
My commission expir:'
.cA• PUBLICS /+
•....OF..•L r
My Commission Expires' ay i 7 2000 Pages
09/27/2004 10:99 FAX WELD CTY SHERIFF RI001/001
.y
.
.
N1/47:"....".""--.\
R
It
1
1-72_11 1
o� 4
•
LH
.
^V�ryM�MMRp ' I ^.., r 141
L /
\ •
/H. _... r ,
EXHIBIT "A"
a -d LS49-IS9-EOE
Hello