HomeMy WebLinkAbout871308.tiff RESOLUTION
RE : APPROVE LEASE AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND
THE WELD LIBRARY DISTRICT BOARD OF TRUSTEES AND AUTHORIZE
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
Agreement between Weld County, Colorado, and the Weld Library
District Board of Trustees , for the building located at 4th
Street and Maple, Frederick, Colorado 80530 , and
WHEREAS , the term of said Lease Agreement is from December
1 , 1987 , through December 31 , 1992 , with the further terms and
conditions being as stated in the Lease Agreement, a copy of
which is attached hereto and incorporated herein by reference ,
and
WHEREAS, after review, the Board deems it advisable to
approve said Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Lease Agreement
between Weld County, Colorado, and the Weld Library District
Board of Trustees 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.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 21st day of
October, A.D. , 1987 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: �'"l�� `� � `� WELD COUNTY,_ 12..RefIDO
Weld County Clerk and Recorder C
and Clerk to the Board Gordian cy, Ch man
/
v l
'BY: (1)ythZLLL> C. . Kirby, Pr Tem
eputy County .Jlerk
APPROVED AS TO FORM:
Gen�R�Brantner
_ 7 O ,
Ja �ue er •h s
County Attorney
Frank amaguchi
Z871308
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this 21st day of
October, 1987 , by and between THE BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO, hereinafter referred to as "Landlord, " and
THE WELD LIBRARY DISTRICT BOARD OF TRUSTEES, 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 building located at 4th Street and Maple,
Frederick, Colorado 80530 .
Section I - Term.
The term of this Lease Agreement shall commence on the first
day of December, 1987 , and shall continue for a period of five
years whereupon on the thirty-first day of December, 1992 , it
shall automatically terminate by its own terms unless , at least
one hundred eighty (180) days prior to the expiration date and in
accordance with Section VI , the Landlord and Tenant agree , in
writing, to 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 EIGHT HUNDRED AND
THIRTY-FOUR DOLLARS ($834 . 00) per month, payable on the first day
of each month this Lease Agreement is in effect.
Section III - Maintenance of Premises.
A. Tenant ' s Responsibilities . Tenant shall, at its sole
expenses , 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
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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 expenses ,
shall make all required 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 , roof,
building, or any other portion of the premises .
B. Landlord' s Responsibilities . Notwithstanding any other
provision in this Agreement to the contrary, Landlord shall be
responsible for any damages to the premises and appurtenances only
for those which have resulted from Landlord' s gross, willful , or
wanton negligence or intentional acts or that of its employees,
agents, servants or officers .
D . General Duty. 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 public library and library service and support
facility.
Section V - Alterations .
Tenant shall not have the right to make any alterations to
the premises without the prior written approval of the Landlord,
which approval shall not be unreasonably withheld.
Section VI - Notices .
All notices required to he given to Landlord hereunder shall
be in writing and sent by certified, return receipt requested,
mail to: Board of County Commissioners of Weld County, Colorado,
915 Tenth Street, Greeley, Colorado 80631 . All notices required
to he given to Tenant hereunder shall be in writing and sent by
certified, return receipt requested, mail , addressed to: Weld
Library District Board of Trustees , 2227 23rd 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 received by Tenant or Landlord. The
8713(13
Page 2 of 4 Pages
effective date of service of any such notice shall be the date
such notice is received by Tenant or Landlord. Service of notice
may also be accomplished in a manner consistent with Colorado
Rules of Civil Procedure provisions on personal notice.
Section VII - Utilities .
All utilities including, but not limited to, electricity,
gas , and water shall be paid for by Tenant.
Section VIII- Signs .
Tenant shall not erect, paint, or maintain any signs
whatsoever upon the premises without first securing the written
consent of Landlord which shall not be unreasonably withheld.
Section IX - 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 and done in such a manner as
to not interfere with Tenant' s operations .
Section X - 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 XI - 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
detailed notice of such breach of this Agreement in accordance
with Section VI herein at least sixty (60) days in advance. The
Tenant shall be entitled to use the sixty-day period following the
Page 3 of 4 Pages 8713 '$
service of such notice to cure such defects. Following the end of
the sixty-day period following the service of such notice ,
Landlord shall give an additional ten-day notice of intent to
repossess the premises if such breach has not been remedied and
Tenant has refused to vacate the premises . In those
circumstances , Landlord may use such remedy as it may deem fit
under the circumstances to repossess the same with or without due
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: 1,2762-ule-4-4446;0 BOARD OF COUNTY COMMISSIONERS
(((JJJ WELD COUN
Weld County Clerk and Recorder
and Clerk to the Bo By: a40
C�
Deputy County C rk
TENANT:
ATTEST: BOARD OF TRUSTEES
in WELD LIBRARY DISTRICT
By N1 I.G Am/tNda4/ �
By: 14247
871328
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