HomeMy WebLinkAbout830797.tiff RESOLUTION
RE: APPROVAL OF LEASE AGREEMENT BETWEEN WELD COUNTY, COLORADO
AND THE ISLAND GROVE REGIONAL TREATMENT CENTER, INC. , AND
AUTHORIZATION FOR CHAIRMAN 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 Lease Agree-
ment between Weld County, Colorado and the Island Grove Regional
Treatment Center, Inc. , and
WHEREAS , said Lease Agreement concerns the two-story building
located at Island Grove Park, and
WHEREAS , the term of said Lease Agreement is from January
1 , 1984 , through December 31 , 1986 , and
WHEREAS , the further terms are as stated in said Lease
Agreement, a copy being attached hereto and incorporated herein
by reference, and
WHEREAS , after study and review, the Board deems it advis-
able and in the best interests of the citizens of Weld County
to approve said Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Lease Agreement,
concerning the two-story building located at Island Grove Park,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is , authorized to sign said Lease Agreement.
830797
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RE: LEASE AGREEMENT - ISALND GROVE REGIONAL TREATMENT CENTER, INC.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 28th day of
December, A.D. , 1983.
BOARD OF COUNTY COMMISSIONERS
ATTEST: �� - C:v��� iii4hrfulaCieni WELD COUNTY, COLORADO
,7;
Weld County Clerk and Recorder _ y
and Clerk to the Board C uck Carlson;Chairman
By: , v `%1 C_. -'cc
Deputy County Clerk Jo T. Martin, Pro-Tem
APPROVED AS TO FORM: EXCUSED
Gene R. Brantner
County Attorney Norman Carlson Nvoa qu ine J h son
DAY FILE: January 4 , 1984
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this 1st day of
January, 1984 , by and between THE BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO, hereinafter referred to as "Landlord, "
and THE ISLAND GROVE REGIONAL TREATMENT CENTER, INC. , hereinafter
referred to as "Tenant. " The parties agree as follows:
WITNESSETH:
In consideration of the covenants and agreements hereinafter
set forth, the Landlord hereby leases to the Tenant the following
described real estate, to-wit:
The two-story building presently used by
Tenant and known as the Alcohol Recovery
Center, formerly the Weld County Hospital,
located between Centennial Village and the
4-H Building at Island Grove Park and con-
sisting of approximately 9 ,000 square feet.
The property included in this Lease Agreement
shall also include the grounds bordered by
the parking lot on the North, on the East by
the park, on the West by the drive between
the Landlord' s property and private farmland,
and on the South by a parking lot, the Tenant
having occasional access to this parking lot
on the South for the purpose of public
meetings.
Section I - Term.
The term of this Lease Agreement shall commence on the first
day of January, 1984 , and shall continue for a period of three
years whereupon on the first day of January, 1987 , it shall
automatically terminate by its own terms unless the Landlord
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and Tenant shall, in writing, extend the term of such Lease
Agreement.
Section II - Rental.
The rent to be paid by the Tenant to the Landlord for the
above-described premises shall be at the rate of ONE DOLLAR
($1 . 00) per year, payable on the first day of each year this
Lease Agreement is in effect.
Section III - Maintenance of Premises.
Tenant shall, at its sole expense, keep and maintain the
leased premises and appurtenances in good and sanitary condition
and repair during the term of this Lease. In particular, Tenant
shall keep the fixtures in the building or on or about the leased
premises in good order and repair including, but not limited to,
the lawn, landscaping, and parking area; keep the furnace clean;
keep the entire premises free from dirt and debris; keep the
walks free from dirt, debris , or snow and ice at its sole
expense; and, at its sole expense, shall make all required minor
repairs on items considered to be of normal wear and tear;
further, Tenant, at its sole expense, shall make all required
repairs to plumbing, furnace, fixtures, or any other portion of
the premises whenever damage thereto shall have resulted from
Tenant' s misuse, waste, or neglect, or that of its employees,
agents, or visitors. Major maintenance and repair of the leased
premises involving anticipated or actual costs in excess of
$500 . 00 per incident not due to Tenant' s misuse, waste, or
neglect or that of its employees , agents, or visitors, shall be
the responsibility of the Landlord. If the demised premises are
not kept in good repair and in a clean, sightly, and healthful
condition by Tenant as provided in the Lease, Landlord or its
agents, servants, or employees may enter the premises without
such entrance causing or constituting a termination of this Lease
or an interference with Tenant' s possession of the premises , and
Landlord may then place the premises in the same condition of
repair, sightliness , healthfulness, and cleanliness as existed at
the date of execution of this Lease, and Tenant shall pay the
Landlord, in addition to the rent hereby reserved, Landlord' s
expenses in repairing the premises. All repairs shall be done in
a timely manner by the responsible party.
Section IV - Use of Premises.
Tenant agrees that the demised premises shall be used and
occupied only as a treatment and recovery center for individuals
suffering from substance abuse.
Section V - Subletting.
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Tenant shall not have the right, without the prior written
approval of Landlord to sublet the premises or any portion of the
premises.
Section VI - Taxes.
Should the premises be subject to real estate property
taxes, Tenant shall be responsible for the payment of any such
assessments.
Section VII - Alterations.
Tenant shall not have the right to make any alterations to
the premises without the prior written approval of the Landlord.
Section VIII - Notices.
All notices required to be given to Landlord hereunder shall
be in writing and sent by certified mail to: Board of County
Commissioners of Weld County, Colorado, 915 Tenth Street,
Greeley, Colorado 80631 . All notices required to be given to
Tenant hereunder shall be in writing and sent by certified mail,
addressed to: The Island Grove Regional Treatment Center, Inc. ,
421 North 15th Avenue, Greeley, Colorado 80631 , provided that
the parties , or either of them, may designate, in writing, from
time to time, subsequent or supplementary persons or addresses in
connection with said notices. The effective date of service of
any such notice shall be the date such notice is mailed to Tenant
or Landlord.
Section IX - Insurance.
During the term of this Lease , Tenant shall obtain and
maintain fire legal liability coverage insurance on the premises.
Tenant shall further obtain and maintain appropriate legal
liability insurance coverage on the property and its operations
therein in reasonably sufficient amounts. Tenant shall provide
to Landlord a copy or copies of these required insurance policies
prior to the effective date of this Lease Agreement. Tenant
shall require that Landlord be named as an additional insured.
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Section X - Non-Liability.
Landlord shall not be liable for the loss or any damage to
any property of Tenant or Tenant ' s clients , employees , or guests
at any time located in the lease premises, or on or in the lands
and buildings constituting the same whether due to theft or
suffered by reason of fire, water, rain, hail, lightning,
explosion, or any other cause.. Further, Landlord shall not he
liable to any injury to Tenant or any person from any cause
relating to the Tenant' s use of the leased premises.
Section XI - Utilities.
All utilities including, but not limited to, electricity,
gas , and water shall be paid for by Tenant.
Section XII - Signs.
Tenant shall not erect, paint, or maintain any signs
whatsoever upon the premises without first securing the written
consent of Landlord.
Section XIII - Right of Inspection.
Landlord reserves and retains for its officers , employees,
and authorized representatives the full and unrestricted right to
enter the premises for the purpose of inspecting or protecting
such premises and of doing any and all things which Landlord may
deem necessary for the proper general conduct and operation of
County government and in the exercise of Landlord' s police power.
Except under emergency, Landlord shall exercise this right only
during normal working hours of Tenant.
Section XIV - Indemnification.
Tenant covenants and agrees that it will indemnify and save
harmless Landlord from all demands; claims, costs, causes of
action, or judgments and from all expenses that may be incurred
in investigating or resisting the same arising from or growing
out of any act or neglect of Tenant, its contractors, agents,
employees, invitees, servants, subtenants, successors, or assigns
in connection with this occupancy or their occupancy of any
portion of the leased premises.
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Section XV. - Waivers.
No waiver or default by Landlord of any of the terms ,
covenants, or conditions hereof to be performed, kept and
observed by Tenant shall be construed as, or operate as , a waiver
by Landlord of any subsequent default of any of the terms ,
covenants , or conditions herein contained to be performed, kept,
and observed by Tenant.
Section XVI - Default.
If the Tenant fails , refuses , or neglects to follow any of
the terms and conditions of this Lease Agreement, Landlord shall
become entitled to repossess the premises upon giving Tenant
notice of such breach of this Agreement in writing at least
thirty (30) days in advance. If at the end of such thirty-day
period following the service of such notice such breach has not
been remedied and Tenant should refuse to vacate the premises ,
Landlord may use such remedy as it may deem fit under the circum-
stances to repossess the same with or without process of law.
IN WITNESS WHEREOF, the parties hereto have caused this
Lease Agreement to be executed as of the day and year first
written above.
LANDLORD:
ATTEST: " ° aQA J BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Boar
B • By:
De uty County Cl rk Ch k Carlson; Chairman
TENANT:
" ISLAND GROVE REGIONAL
TREATMENT CENTER, INC.
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