HomeMy WebLinkAbout890575.tiff RESOLUTION
RE: APPROVE CORRECTIONS TO RESOLUTION OF JUNE 28 , 1989 , APPROVING
LEASE AGREEMENT WITH WALLACE YOUNG
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 did, by Resolution dated June 28 , 1989 ,
approve a Lease Agreement with Wallace Young, dba Anytime Bail
Bonding, for property located at 9244 9th Avenue, Greeley,
Colorado, and
WHEREAS, the Board has been advised that said Resolution
should be corrected to read Wallace Young, dba Wally ' s Bail Bonds,
and (underlining denotes correction)
WHEREAS, the Board deems it appropriate to correct said
Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Resolution dated
June 28 , 1989 , approving the Lease Agreement with Wallace Young,
be, and hereby is , corrected as hereinabove stated.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 10th day of
July, A.D. , 1989 .
.��LL BOARD OF COUNTY COMMISSIONERS
ATTEST: erk Sut�,C-fe�,,) WELD COUNTY, COLORADO
Weld County and Recorder te( !/^
and Clerk to the Board C.W. Kirby, Cha ' man
BY: Jac u ne J on -Tem
Deputy County Cl rk ((A���[n
APP OVED AS TO FORM: Gene R. Bran ner
George Ken ed
,County Attorney
Gord acr
C?fJl)c 9,19, f-
_ ? 890575
LEASE
THIS LEASE, made and entered into this 28th day of
June , 1989 , by and between THE COUNTY OF WELD, by
and through the Board of County Commissioners of the County of
Weld, 915 Tenth Street, Greeley, Colorado, 80631 , hereinafter is
referred to as "Lessor" , and WALLACE YOUNG, d-'b,La
I1,9050...BONDING, 924-1/2 Ninth Avenue, Greeley, Colorado, 80631 ,
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 the
following described premises , situated in the County of Weld and
in the State of Colorado, to-wit: Commercial space of
approximately 550 square feet plus basement of approximately 1 , 100
square feet, located at 924-1/2 Ninth Avenue, Greeley, Colorado,
80631 .
TO HAVE AND TO HOLD the same with the appurtenances unto
Lessee from the first day of July, 1989 , to and until June 30 ,
1990 , at and for a rental, for the full term aforesaid, of
$3 , 600 . 00, payable in monthly installments of $300 . 00 per month,
in advance, on or before the first day of each calendar month
during said term at the office of the Lessor. Lessee is hereby
granted an additional two (2) year option upon these same terms
and conditions , which option shall be exercised by Lessee giving
Lessor written notice thereof within ninety (90) days prior to
June 30 , 1990 .
Furthermore, the Lessee, in consideration of leasing the said
premises as aforesaid, covenants and agrees as follows:
a. To pay the rent for the aforesaid premises as
hereinabove provided;
b. To keep the improvements upon said premises, including
all sewer connections , plumbing, wiring, and glass , in good repair
at the expense of Lessee, and at the expiration of this Lease, to
surrender and deliver up said premises in as good order and
condition as when the same were entered upon, loss by fire,
inevitable accident, or ordinary wear excepted; it is understood
the Lessor is maintaining glass insurance and will be responsible
for losses covered thereby;
•
c. To sublet no part of said premises , nor assign this
Lease or any interest herein, without the prior written consent of
the Lessor; which consent shall not be unreasonably withheld.
890573
Page 1 of 4 Pages
d. To use said premises for no purpose prohibited by the
laws of the United States or the State of Colorado, or the
Ordinances of the City of Greeley or of the County of Weld, and
for no improper or questionable purpose whatsoever;
e. To keep the sidewalks in front of and around said
premises free from ice and snow, and said sidewalks and premises
free from all litter, dirt, debris and other obstructions;
f. To keep said premises clean, and in the sanitary
condition required by the Ordinances and the Health and Police
Regulations of the City of Greeley and/or the County of Weld;
g. To neither permit nor suffer any disorderly conduct,
noise, or nuisance whatever about said premises having a tendency
to annoy or disturb any persons occupying adjacent premises;
h. 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 repairs , alterations , injury, or accident
to adjacent premises or other parts of the above premises not
herein demised, or by reason of the negligence or default of the
owners or occupants thereof or any other person, nor liable for
any injury or damage occasioned by the defective wiring or the
breaking or stoppage of plumbing or sewerage upon said premises or
upon adjacent premises , whether said breaking or stoppage results
from freezing or otherwise;
i. To neither permit nor suffer said premises, or the walls
or floors thereof, to be endangered by overloading nor said
premises to be used for any purpose which would render the
insurance thereon void or the insurance risk more hazardous , nor
make any alterations or change in, upon, or about said premises
without first obtaining written consent therefore;
j . To permit the Lessor to place a "For Rent" sign upon
said premises at any time after thirty days before the end of this
Lease;
k. To allow Lessor at any reasonable hour of the day to
enter into or upon and go through and view said premises;
1. To occupy the same as a bail bonding type business.
m. Any exterior signage must have Lessor' s approval.
Furthermore, the parties hereto agree as follows :
1 . That all assessments for water rents that may be levied
against said premises during the continuance of this Lease shall
be paid by the Lessee and that all charges for lighting said
690575
Page 2 of 4 Pages
premises shall be paid by the Lessee as the same become due and
payable and that in case said premises shall become untenantable
on account of damage by fire , flood, or Act of God , this Lease may
be thereupon terminated by Lessee;
2 . That 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 . That if, after the expiration of this Lease , the Lessee
shall remain in possession of said premises, and continue to pay
rent without written agreement as to such possession, then Lessee
shall be regarded as a tenant from month-to-month at a monthly
rental , payable in advance, equivalent to the last monthly
installment hereunder, and subject to the terms and provisions of
this Lease;
4 . That 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 . That in case the Lessee dies or is disabled prior to
June 30 , 1990 , David Widhalm and/or Frank Ficarra, Anytime Bail
Bonding, 1321 Delaware, Denver, Colorado 80203 , shall have the
right to assume all of the rights and obligations of the Lessee
under this Lease until the expiration thereof.
IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the
parties herein, that if the rent above reserved or any part
thereof, shall be in arrears or 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, as 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
S
Page 3 of 4 Pages
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 .
IN WITNESS WHEREOF, the parties hereto have hereunder set
their hands and seals the day and year first written above.
LESSOR:
ATTEST:L12�c/� vnJ COUNTY OF WELD, by and through
the Board of County Commis-
Weld County Clerk and Recorder of the County of Weld
and Clerk to the Bo d
071I�yt-ro! Pc - 4AJ By:
uty County Cle C. W K rby, airman
LESSEE:
WALLACE YOUNG, d/b/a A u1W-1009: 1-
B,?Itt nONnIN-G 80/0iiN'�^`�Nd
U/
By' G�4I 4,11(/
Wallace l Young
SED AND SWOR to before me this — �h day of
, 19
WITNESS my hand and official seal .
-votary Pub c 9, - fork Sf
My commission expires: 64E) � .ei) 80G3-1
59€ 575
Page 4 of 4 Pages
I* \
a
40t, OFFICE OF COUNTY ATTORNEY
PHONE(303)356-4000 EXT 4391
BOX P.O. BOX 1948
GREELEY,COLORADO 80632
COLORADO
June 26 , 1989
David Widhalm
Frank Ficarra
Anytime Bail Bonding
1321 Delaware
Denver, CO 80203 � q
®
RE: Change of Name of Lessee to Wallace Young, d/b/a W Bail
'tbasoitorgy44O.51)
Dear Mr. Widhalm and Mr. Ficarra:
Enclosed herein please find Ased Le b ween Weld County
and Wallace Young, d/b/a �4[E �p"."'Bail -]3 , concerning the
office located at 924} 9th Avenue, Greeley, Colorado. Also
enclosed is a copy of the current lease between yourselves and
Weld County.
Mr. Young has asked that he be substituted as the Lessee. He
would like to have the Lease run from July 1 , 1989 , to June 30 ,
1990 , with an option of a two-year extension.
In order to put into effect the new Lease with Mr. Young, we will
need to terminate the current Lease between yourselves and Weld
County. Therefore, I ask that you sign below and send this
original letter back to my office at: P. O. Box 1948 , Greeley,
Colorado 80632 . By signing below, you will agree that the
enclosed Lease between yourselves and Weld County dated January
30 , 1989 , will Expire on June 30 , 1989 . Wallace Young will then
become the Lessee of the office space located at 924} 9th Avenue
in Greeley. Please note that as part of Mr. Young' s Lease, both
of you will have the option to assume the Lease if Mr. Young
should die or become disabled prior to June 30 , 1990 .
890575
If any of the above is unsatisfactory, please feel free to call me
at 356-4000 , Ext. 4391 .
Yours truly,
•
/ ,
Bruce T. Barker
Assistant Weld County attorney
BTB:rm
Enc.
I hereby agree to the entire contents of this letter.
� (- ) _CC—)
F nk icar a C D Tg lVidhalm
xc: Wallace Young
890575
Hello