HomeMy WebLinkAbout20030328.tiff RESOLUTION
RE: APPROVE LEASE FOR WELD COUNTY ROAD GRADER MAINTENANCE BUILDING
IN GALETON, COLORADO, AND AUTHORIZE CHAIR TO SIGN -WEST GREELEY
SOIL CONSERVATION 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 for the Weld County Road
Grader Maintenance Building in Galeton, Colorado, 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 the West Greeley Soil Conservation District, 4302 West 9th
Street Road, Greeley, Colorado 80634, commencing January 1, 2003, and ending
December 31, 2005, with further terms and conditions being as stated in said lease; said
property being described as an area approximately one and one-half(1'/) to two (2) acres in
size, on the southeast corner of property located at 24852 1st Street, Galeton, Colorado 80622,
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 Weld County Road Grader Maintenance Building
in Galeton, Colorado, 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 the West Greeley Soil Conservation 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.
2003-0328
PR0024
C f^cv, w G-Sc l�
RE: LEASE FOR WELD COUNTY ROAD MAINTENANCE BUILDING IN GALETON,
COLORADO -WEST GREELEY SOIL CONSERVATION DISTRICT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of February, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL ,OUNTY, COL DO
ATTEST: filin
D i E. on C it
Weld County Clerk to the Board `°L2
• 'Cas
t Robert D. Ma den, Pro-Tem
BY:
Deputy Clerk to the Boa
M. J. eile
APP D AS T M:
� �� William H. Jerk
Atttorney 'L'�
Glenn Vaad
Date of signature: «"b
2003-0328
PR0024
LEASE
THIS LEASE, made and entered into this 3rd day of February ,2003 , 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 WEST GREELEY SOIL CONSERVATION DISTRICT, 4302
West 9th Street Road, Greeley, Colorado 80634, 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: an area
approximately one and one-half(1'/z) to two (2) acres in size, on the south east corner of property
owned by Lessor and used as a Weld County road grader maintenance building, located at 24852
1st Street, Galeton, Colorado, hereinafter referred to as the "Premises."
TO HAVE AND TO HOLD the same with the appurtenances unto Lessee from the 1st
day of January, 2003, to and until December 31, 2005, at and for a rental, for the full term
aforesaid, of $10.00 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 construct on the
Premises a 24 foot by 40 foot steel building. 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 one-hundred eighty (180) 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 storage of Lessee's
equipment;
e. To keep said Premises clean, and in the sanitary condition required by the
Lessor; and
Page 1 of 5 Pages
,?o05-0 3,2 8
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, electric, and propane for the Premises, and all costs and fees associated
with the construction of a steel building upon the Premises shall be paid for by
Lessee. Lessee shall be responsible for obtaining any and all necessary permits
for the construction of the steel building and ensuring that the building comply
with all applicable provisions of the Weld County Code.
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 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 and rent the
same for such rent and upon such conditions as the Lessor 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 Lessee shall be
liable for the balance of the rent herein reserved until the expiration of the term of
this Lease.
5. Lessee may, at its option, place a small directional sign on the perimeter of the
Premises.
6. Lessee shall include the Lessor, its officers and employees, as additional named
insureds on a fire, property, casualty, and liability insurance policy, at a minimum
of $600,000 coverage limit, for the occupation and operation of the Premises by
the Lessee, for the Lessees's personal property, including Lessee's equipment and
steel building, and for third-party liability.
Page 2 of 5 Pages
7. 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.
8. Lessee shall utilize the existing access to WCR 51. No new accesses to the
Premises shall be granted.
9. Lessee shall be responsible to keep the Premises in a clean and tidy condition,
including keeping the steel building in good repair, during the term of this Lease.
10. This Lease may not be assigned or sublet by Lessee to any other person or
entity without the express written consent of the Lessor.
11. 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 Intergovernmental Agreement 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. This Lease
shall supercede and replace any previous leases between the parties regarding the
Premises, including,but not limited to, their Lease dated October 13, 1998.
12. 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.
13. 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.
14. 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.
Page 3 of 5 Pages
15. The Lessor shall relocate its improvements built on the Premises at its sole
expense, if the Lessor requires such relocation because of Lessor's use of the
property surrounding the Premises as a County road maintenance site.
16. That the Lessee understands and acknowledges that the property surrounding the
Premises shall be used by the Lessor throughout the term of this Lease as a
County road maintenance site, for the express purpose of storing a road grader and
maintenance of said grader.
17. That the Lessee shall remove the steel building upon termination of this Lease;
however, prior to such removal, Lessor shall have first right of refusal to purchase
the building at fair market value. Lessor shall notify Lessee of its decision
regarding the purchase of the building within 30 days after being notified of the
Lessee's desire to terminate this Lease, or by July 1, 2005, if the Lessee does not
intend to hold over, pursuant to the provisions of paragraph 3., above.
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.
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.
Page 4 of 5 Pages
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first written above.
LESSOR:
ATTEST: Midi
t"` COUNTY OF WELD, STATE OF
. 1L COLORADO by and through
<< ®�` the Board of County Commissioners of
Weld County Clerk to � <;o'm. ' the County of Weld
CAA
Deputy Clerk to the Board.' '' ":' - David E. Long, Chairman ( /03/03)
LESSEE:
WEST GREELEY SOIL CONSERVATION
DISTRICT
By: r/ i.u1i�.X (-1.O-O--d-{_,
STATE OF COLORADO )
County of Weld ) ss.
)
The fo going instrument was acknowledged before me this x3'"—day of
2002, by u.;Q�A,,/_ ‘,A.,, West Greeley Soil Conservation Di trict.
Witness my hand and official seal.
4ieri..
Notary Pub is
My commission expires:
Page 5 of 5 Pages
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