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HomeMy WebLinkAbout800427.tiff RESOLUTION RE: APPROVAL OF LEASE AGREEMENT BETWEEN WELD COUNTY, COLORADO AND EDWARD J. SPRENG, D/B/A JOHNSTOWN FEED AND SEED COMPANY AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME. 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, a lease agreement between Weld County, Colorado and Edward J. Sprang, d/b/a Johnstown Feed and Seed Company has been presented to the Board of County Commissioners of Weld County, Colorado, and WHEREAS, said lease agreement concerns the leasing of the West side of the Johnstown county shop property to Johnstown Feed and Seed for the storage of seed grain, and WHEREAS, the term of said lease shall be for a maximum period of three (3) months at the rate of $100 . 00 per month, and WHEREAS, the Board desires to enter into said lease agree- ment and deems it advisable to authorize the Chairman to sign the lease agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the lease agreement between Weld County, Colorado and Edward J. Sprang, d/b/a Johns- town Feed and Seed Company be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman of the Board 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 12th day of March, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS ATTEST: '''i nx ' _ ' # "c: t's'''' WELD COUNTY, COLORADO I Weld County Clerk and Recorder (i // /'. ' 1 y (Aye) and Clerk to the Board C. W. Kirby, chairman - r By: ,C4_ rte,;l'-(7/t C C ( ,) re t-1. t` .k A it rt (Aye) \\ Deputy Count ark / Leonard L. Roe, Pro-Tam / /J AP R ED AS TO FORM: ww11-.�. dt.4/J O---- (Aye) Norman ycCarlson /�/// County`ttorney t� a' «J /!�Y!-/Kye) L d' Dunbar Sic ',,, e K. Steinmark 300427 QleO0D . ,/BATE PRESENTED: APRIL 7, 1980 LEASE THIS AGREEMENT made and entered into this 7th day of April, 1980 , nunc pro tuns March 12 , 1980 , by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter referred to as "Lessor" , and EDWARD J. SPRENG, d/b/a Johnstown Feed and Seed Company, hereinafter referred to as "Lessee" , WITNESSETH: That for and in consideration of the rental herein agreed to be paid by Lessee to Lessor, and the covenants and agreements herein agreed to be kept and performed, Lessor hereby leases to Lessee for the term hereinafter designated, the building located on the West side of the Johnstown county shop property which is part of the Northwest Quarter of the Northwest Quarter of Sec- tion 9 , Township 4 North, Range 67 West of the 6th P.M. , Weld County, Colorado. Said building is of approximately 1, 000 square feet in area. SECTION I . TERM The term of this lease shall be for a maximum period of three (3) months commencing March 12 , 1980, and at the end of said maximum three-month term, the Lessor shall be entitled to immediate possession of said building. SECTION II . RENTAL The rental to be paid by Lessee to Lessor shall be the sum of ONE HUNDRED DOLLARS ($100. 00) per month. Occupancy by the Lessee of said building for any portion of any month shall entitle the Lessor to the full Payment for that month. Said monthly rental payment shall be payable in advance and shall be due on the 12th day of each month during the term of this lease . Said payment shall be made to the County of Weld, State of Colorado at the Weld County Centennial Center, 915 10th Street, Greeley, Colorado 80631. SECTION III. ACCESS TO BUILDING Access to said building may be gained only through the gate to said property which shall be under the exclusive control of the Lessor. The Lessee shall be given a key to said building and the Lessee agrees that no customers of the Lessee shall have access to said building. SECTION IV. USE OF PREMISES Lessee agrees to use the premises for the sole purpose of storing seed grain and Lessee further agrees that he will not use said space or allow any other person to use said space for any other purpose without the prior written consent of Lessor. SECTION V. MAINTENANCE OF PREMISES Lessee shall, at his sole expense, keep and maintain the leased premises in a clean and sanitary condition. The Lessee further agrees that upon termination or expiration of this lease, the Lessee shall thoroughly clean the premises to the condition that they were in prior to the Lessee' s occupancy and shall take necessary measures to insure that any rodents or pests in said building have been exterminated. SECTION VI . RIGHT OF INSPECTION Lessor reserves and retains for its officers, employees and authorized representatives, the full right to enter the premises for the purpose of inspecting or protecting such premises and of doing any and all things which Lessor may deem necessary for the proper general conduct and operation of said county shops . How- ever, unless an emergency exists, such an inspection shall occur during Lessee' s regular business hours upon prior notice, and admission to the premises by Lessee shall be obtained whenever practical. SECTION VII . INDEMNIFICATION Lessee covenants and agrees that he will indemnify and save harmless Lessor from all demands, claims, costs, causes of action -2- 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 negligence of Lessee, its contractors , agents, employees, invitees, servants, sub-tenants, successors or assigns in connection with its occupancy of said premises . SECTION VIII . DAMAGES TO PREMISES The Lessee further agrees to reimburse the Lessor for any damage which may occur to the premises as a result of the Lessee ' s negligence during the term of this lease. SECTION IX. NON-ASSIGNMENT Lessee shall not assign any of its rights to the lease agree- ment, in whole or in part, without the prior written consent of Lessor. SECTION X. DEFAULT Should Lessee fail, refuse or neglect to pay any rent as herein provided or should Lessee breach any of the terms and conditions of this lease agreement, Lessor shall become entitled to repossess the demised premises upon giving Lessee notice of such breach in writing pursuant to Colorado law. DATED this 7tn day of April, 1980, nunc pro tunc March 12 , 1980. LESSOR: ATTEST: i ° k#"s„ " t,. +LI,r ,(=i:_rt./ BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board,- By: fT//X 1/. C. W. Kirby, /Chairman BY: L-1-1_, .4-.(2/61.„, /-"L ft u__, a Deputy County lerk /, l l_, c_// LESSEE: JOHNSTOWN FEED AIO SEE COMPANY By:/- �,„LA/ L/11� Edward J. preng -3- JOHNSTOWN FEED AND SEED CO. P.O. Box 370 - - Johnstown, Colo. 80534 - - Phone 587-4681 FEEDS e April 1, 1980 Weld County Board Of Co. Comm. Cientennial Center 915 10th Greeley, Colo, Gentlemen: Enclosed is a check for $100 representing one months agreed upon amount for the use of the county shop at Johnstown. We sincerely appreciate your consideration and helpfulness in this matter. It appears that we have no further need of the space so this letter is to serve as notice of termination so we are also enclosing the keys. If this need Should arise again, we will be in touch. T nks again Ed SpJCeng -vOwner Johnstown Feed & Seed 44 -Ye)fir'- pzat2- lag COUNTY CP-MlSelti ICs 11._: '. APRS 1980 1 GEtEELPY. COLO. Hello