HomeMy WebLinkAbout850882.tiff 111EMORAilDUIT1
To Jackie Johnson, Chairman Date February 1LJ9Bi
COLORADO From __utter J . Speckman,__Executlye Di rector, Human Resources_
Subject: Lease 'grermenLfor_).iia d_i_n. Firestone, Colorado_
Enclosed for Board approval is a lease agreement for land in Firestone, Colo-
rado. The land would be used to locate the south county Head Start on its
premises. The term of the lease is for twenty-five years and the total rent
for the entire time period is $25.00.
I provided a copy of the lease agreement to Tom David. It is my understanding
that Tom did not find any problem areas that need clarification and/or changes.
Head Start is currently involved in attempting to procure funds for a modu-
lar building that will be used as a classroom facility. If the program is
successful in obtaining the monies needed, the building will be located on
this land. The current facility that Head Start is using for classrooms has
notified Head Start that the space will no longer be available (after May,
1985).
If you have any questions regarding the attached lease agreement, please
do not hesitate to contact me.
u3o tica2
LEASE AGREEMENT
THIS LEASE made and entered into on the 13th day of
February , 1985 , by and between the Town of Firestone , a
municipal corporation organized and existing under the laws of
the State of Colorado, having its office at Town Hall , Town of
Firestone , County of Weld , State of Colorado, hereinafter
referred to as lessor and Weld County, having its office at 915
10th Street , Greeley, County of Weld , State of Colorado,
hereinafter referred to as lessee.
SECTION ONE
Demise and Description
• Lessor leases to lessee and lessee hires from lessor that
vacant real property described as Lots 8 , 9 , and 10 , Block 3 ,
Town of Firestone , County of Weld, State of Colorado.
SECTION TWO
Use
The demised premises are to be used exclusively for the
purpose of accomodating a building to be used as a Head Start
facility for the teaching and care of pre-school children.
SECTION THREE
Term
The initial term of this lease shall be for 25 years ,
commencing on March 1 , 1985 , and terminating on April 30, 2010.
As used herein, the expression "term" refers to the initial term
and to any renewal term as provided in this lease.
SECTION FOUR
Rent
The total rent for the initial term shall be Twenty-five
Dollars , which lessee shall pay to lessor at the address of
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lessor in increments as follows : entire balance on or before
January 1 , 1986 .
SECTION FIVE
Improvements
Lessee may make such improvements to the described premises
as may be necessary to conduct its programs , including buildings ,
fences , accessory buildings , water taps , sewer taps , etc . ,
subject , however, to the following :
A) . Compliance with all applicable state, county, and Town
laws , codes , rules , regulations and legal requirements .
• B) . Removal of all such improvements by the lessor within 90
days of the end of the term or on termination of this
Lease not approved to be left on the premises by the
Board of Trustees of the Town of Firestone .
C ) . A bill of sale from lessor transferring to lessee any
such improvements left on the premises vesting title to
lessee free from any lien , encumbrance or claim.
D) . Rendering the premises to the same or better condition
as now exists within 90 days after the end of the term
or on termination of this Lease .
E ) . Relinquishing any water and sewer tap secured by lessee
to the lessor at the end of the term or on termination
of this Lease.
SECTION SIX
Taxes
If any real or personal property taxes accrue on the premises
or improvements during the term of this Lease , lessee shall be
solely responsible for such taxes .
SECTION SEVEN
Sublease or Assignment
Lessee shall not sublease or assign this Lease without the
express written approval of lessor in the form of an amendment to
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the Ordinance of the Town of Firestone authorizing this Lease,
adopted by the Board of Trustees of the Town of Firestone in
proper legal form.
SECTION EIGHT
Warranties of Title and Quiet Possession
Lessor covenants that lessor is seized of the demised
premises in fee simple and has full right to make this Lease and
that lessee shall have quiet and peaceable possession of the
demised premises during the term hereof .
SECTION NINE
Delivery of Possession
If lessor , for any reason whatsoever, cannot deliver
possession of the demised premises to lessee at the commencement
of the Lease term, as hereinbefore specified, this Lease shall
not be void or voidable , nor shall lessor be liable to lessee for
any loss or damage resultig therefrom; but in that event there
shall be a proportionate reduction of rent covering the period
between the commencement of the Lease term and the time when
lessor can deliver possession.
SECTION TEN
Uses Prohibited
Lessee shall not use , or permit the demised premises , or any
part thereof , to be used , for any purpose or purposes other than
the purpose or purposes for which the demised premises are hereby
leased; and no use shall be made or permitted to be made of the
demised premises , or acts done , which will cause a cancellation
of any insurance policy covering the building located on the
premises , or any part thereof , nor shall lessee sell , or permit
to be kept , used, or sold, in or about the demised premises , any
article which may be prohibited by the standard form of fire
insurance policies . Lessee shall , at its sole cost , comply with
all requirements , pertaining to the demised premises , of any
insurance organization or company, necessary for the maintenance
of insurance as herein provided , covering any building and
appurtenances at any time located on the demised premises ..
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SECTION ELEVEN
Waste and Nuisance Prohibited
During the term of this Lease , lessee shall comply with all
applicable laws affecting the demised premises , the breach of
which might result in any penalty on lessor or forfeiture of
lessor' s title to the demised premises . Lessee shall not commit ,
or suffer to be committed , any waste on the demised premises , or
any nuisance .
SECTION TWELVE
Abandonment of Premises
Lessee shall not vacate or abandon the premises at any time
during the term hereof ; if lessee shall abandon, vacate or
surrender the demised premises , or be dispossessed by process of
law, or otherwise, any personal property belonging to lessee and
left on the premises shall be deemed to be abandoned , at the
option of lessor, except such property as may be encumbered to
lessor.
SECTION THIRTEEN
Lessor' s Right of Entry
Lessee shall permit lessor and the agents and employees of
lessor to enter into and upon the demised premises at all
reasonable times for the purpose of inspecting the same, or for
the purpose of posting notices of nonresponsibility for alter-
ations , additions , or repairs , without any rebate of rent and
without any :Liability to lessee for any loss of occupation or
quiet enjoyment of the premises thereby occasioned.
SECTION FOURTEEN
Liens and Encumbrances
Lessee shall not encumber by mortgage , deed of trust , Uniform
Commercial Code filing , or by any other method, the real property
leased hereunder.
Lessee shall keep all of the premises and every part thereof
and all buildings and other improvements at any time located
thereon free and clear of any and all mechanics ' , materialmen' s ,
and other liens for or arising out of or in connection with work
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or labor done , services performed , or materials or appliances
used or furnished for or in connection with any operations of
lessee , any alteration , improvement , or repairs or additions
which lessee nay make or permit or cause to be made, or any work
or construction, by, for, or permitted by lessee on or about the
premises , or any obligations of any kind incurred by lessee , and
at all times promptly and fully to pay and discharge any and all
claims on which any such lien may or could be based, and to
indemnify lessor and all of the premises and all buildings and
improvements thereon against all such liens and claims of liens
and suits or other proceedings pertaining thereto. Lessee shall
give lessor written notice no less than thirty days in advance of
the commencement of any construction, alteration, addition ,
improvement , or repair estimated to cost in excess of $500 .00 in
order that lessor may post appropriate notices of lessor' s
. non-responsibility.
If lessee desires to contest any such lien, it shall notify
lessor of its intention to do so within fifteen days after the
filing of such lien. In such case , and provided that lessee
shall on demand protect lessor by a good and sufficient surety
bond against any such lien and any cost , liability, or damage
arising out o1'. such contest , lessee shall not be in default
hereunder until thirty days after the final determination of the
validity thereof , within which time lessee shall satisfy and
discharge such lien to the extent held valid; but the satisfac-
tion and discharge of any such lien shall not , in any case, be
delayed until execution is had on any judgment rendered thereon ,
and such delay shall be a default of lessee hereunder. In the
event of any such contest , lessee shall protect and indemnify
lessor against all loss , expense , and damage resulting therefrom.
SECTION FIFTEEN
Repairs and Destruction of Improvements
( a) Maintenance of improvements . Lessee shall , throughout
the term of this Lease, at its own cost , and without any expense
to lessor, keep and maintain the premises , including all
buildings and improvemens of every kind which may be a part
thereof , and all appurtenances thereto, including sidewalks
adjacent thereto, in good , sanitary, and neat order, condition
and repair, and except as specifically provided herein, restore
and rehabilitate any improvements of any kind which may be des-
troyed or damaged by fire , casualty, or any other cause what-
soever. Lessor shall not be obligated to make any repairs ,
replacements , or renewals of any kind , nature, or description,
whatsoever to the demised premises or any buildings or im-
provements thereon. Lessee shall also comply with and abide by
all federal , state, county, municipal, and other govermental
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statutes , ordinances , laws , and regulations affecting the demised
premises , the improvements thereon or any activity or condition
on or in such premises .
( b) Damage to and destruction of improvements. The damage ,
destruction , or partial destruction of any building or other
improvement which is a part of the premises shall not release
lessee from any obligation hereunder, except as hereinafter
expressly provided , and in case of damage to or destruction of
any such building or improvement, lessee shall at its own expense
promptly repair and restore the same to a condition as good or
better than that which existed prior to such damage or destruc-
tion. Without limiting such obligations of lessee , it is agreed
that the proceeds of any insurance covering such damage or
destruction shall be made available to lessee for such repair or
replacement.
( c) Damage or destruction occurring toward end of term.
Anything to the contrary in the immediately preceding paragraphs
of this section notwithstanding, in case of destruction of the
building on the premises or damage thereto from any cause so as
to make it untenantable occurring during the last two yeas of the
term hereof , lessee , if not then in default hereunder, may elect
to terminate this Lease by written notice served on lessor within
sixty days alter the occurrence of such damage or destruction .
In the event of such termiantion, there shall be no obligation on
the part of :Lessee to repair or restore the building or improve-
ments nor any right on the part of lessee to receive any proceeds
collected under any insurance policies covering such building or
any part thereof . On such termination, rent , taxes , assessments ,
and any other sums payable by lessee to lessor hereunder shall be
prorated as of the termination date , and in the event any rent,
taxes , or assessments shall have been paid in advance, lessor
shall rebate the same for the unexpired period for which payment
shall have been made .
( d) Election not to terminate. If , in the event of such
destruction or damage during the last two years of the term
hereof , lessee does not elect to terminate this Lease , the
proceeds of all insurance covering such damage or destruction
shall be made available to lessee for such repair or replacement ,
and lessee shall be obligated to repair or rebuild the building
as above provided.
SECTION SIXTEEN
Utilities
Lessee shall fully and promptly pay for all water, gas , heat ,
light , power, telephone service, and other public utilities of
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every kind furnished to the premises throughout the term hereof ,
and all other costs and expenses of every kind whatsoever of or
in connection with the use, operation, and maintenance of the
premises and all activities conducted thereon, and lessor shall
have no responsibility of any kind for any thereof.
SECTION SEVENTEEN
Indemnification of Lessor
Lessor shall not be liable for any loss, injury, death, or
damage to persons or property which at any time may be suffered
or sustained by lessee or by any person whosoever may at any time
be using or occupying or visiting the demised premises or be in ,
on , or about the same , whether such loss , injury, death, or
damage shall be caused by or in any way result from or arise out
of any act , omission , or negligence of lessee or of any occupant ,
subtenant , visitor, or user of any portion of the premises , or
shall result from or be caused by any other matter or thing
whether of the same kind as or of a different kind than the
matters or things above set forth , and lessee shall indemnify
lessor against all claims , liability, loss , or damage whatsoever
on account of any such loss , injury, death , or damage . Lessee
hereby waives all claims against lessor for damages to the
buldinq and improvements that are now on or hereafter placed or
built on the premises and to the property of lessee in, on, or
about the premises , and for injuries to persons or property in or
about the premises , from any cause arising at any time.
SECTON EIGHTEEN
Attorneys ' Fees
If any action at law or in equity shall be brought to recover
any rent under this Lease , or for or on account of any breach of ,
or to enforce or interpret any of the covenants , terms , or con-
ditions of this Lease , or for the recovery of the possession of
the demised premises , the prevailing party shall be entitled to
recover from the other party as part of the prevailing party' s
costs reasonable attorneys ' fee, the amount of which shall be
fixed by the court and shall be made a part of any judgment or
decree rendered.
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SECTION NINETEEN
Redelivery of Premises
Lessee shall pay the rent and all other sums required to be
paid by lessee hereunder in the amounts , at the times , and in the
manner herein provided , and shall keep and perform all the terms
and conditions hereof on its part to be kept and performed , and ,
at the expiration or sooner termination of this Lease, peaceably
and quietly quit and surrender to lessor the premises in good
order and condition subject to the other provisions of this
Lease. In the event of the non-performance by lessee of any of
the covenants of lessee undertaken herein, this Lease may be
terminated as herein provided.
SECTION TWENTY
Remedies Cumulative
All remedies hereinbefore and hereafter conferred on lessor
shall be deemed cumulative and no one exclusive of the other, or
of any other remedy conferred by law.
SECTION TWENTY-ONE
Insurance
( a) Insurance coverage of premises . Lessee shall , at all.
times during the term of this Lease and at lessee ' s sole expense ,
keep all improvements which are now or hereafter a part of the
premises insured against loss or damage by fire and the extended
coverage hazards for one hundred percent (100% ) of the full
replacement value of such improvements , with loss payable to
lessor and lessee as their interests may appear. Any loss ad-
justment shall require the written consent of both lessor and
lessee.
( b) Personal injury liability insurance. Lessee shall
maintain in effect throughout the term of this Lease personal
injury liability insurance covering the premises and its
appurtenances and the sidewalks fronting thereon in the amount of
a Five Million Dollar ($5 , 000 ,000. 00 ) umbrella policy for injury
to or death of any number of persons and property damage .
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Such insurance shall specifically insure lessee against all
liability assumed by it hereunder, as well as liability imposed
by law, and shall insure both lessor and lessee but shall be so
endorsed as to create the same liability on the part of the
insurer as though separate policies had been written for lessor
and lessee.
( c) Lessor' s right to pay premiums on behalf of lessee. All
of the policies of insurance referred to in this section shall be
written in form satisfactory to lessor and by insurance companies
satisfactory to lessor . Lessee shall pay all of the premiums
therefor and deliver such policies , or certificates thereof , to
lessor, and in the event of the failure of lessee, either to
effect such insurance in the names herein called for or to pay
the premiums therefor or to deliver such policies , or
certificates thereof , to lessor, lessor shall be entitled , but
shall have no obligation, to effect such insurance and pay the
premiums therefor, which premiums shall be repayable to lessor
with the next installment of rental , and failure to repay the
same shall carry with it the same consequence as failure to pay
any installment of rental . Each insurer mentioned in this
section shall agree , by endorsement on the policy or policies
issued by it , or by independent instrument furnished to lessor,
that it will give to lessor thirty days ' written notice before
the policy or policies in question shall be altered or cancelled .
Lessor agrees that it will not unreasonably withhold its approval
as to the form or to the insurance companies selected by lessee.
SECTION TWENTY-TWO
Notice of Default
Lessee shall not be deemed to be in default hereunder unless
lessor shall first give to lessee fifteen days ' written notice of
such default , and lessee fails to cure such default within such
fifteen day period or, if the default is of such a nature that it
cannot be cured within fifteen days , lessee fails to commence to
cure such default within such period of forty-five days or fails
thereafter to proceed to the curing of such default with all
possible diligence .
SECTION TWENTY-THREE
Default
In the event of any breach of this Lease by lessee , lessor,
in addition to the other rights or remedies it may have, shall
have the immediate right of re-entry and may remove all persons
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and property from the premises ; such property may be removed and
stored in a pubic warehouse or elsewhere at the cost of, and for
the account of lessee. Should lessor elect to re-enter, as
herein provided , or should it take possession pursuant to legal
proceedings or pursuant to any notice provided for by law, lessor
may either terminate this Lease or it may from time to time,
without terminating this Lease, re-let the demised premises or
any part thereof for such term or terms (which may be for a term
extending beyond the term of this Lease) and at such rental or
rentals and on such other terms and conditions as lessor in the
sole discretion of lessor may deem advisable with the right to
make alterations and repairs to the demised premises . On each
such re-letting (a) lessee shall be immediately liable to pay to
lessor, in addition to any indebtedness other than rent due
hereunder, the expenses of such re-letting and of such alt_era-
. tions and repairs , incurred by lessor, and the amount if any, by
which the rent reserved in this Lease for the period of such
re-letting (Li) to but not beyond the term of this Lease) exceeds
the amount acreed to be paid as rent for the demised premises for
such period on such re-letting ; or ( b) at the option of lessor,
rents received by such lessor from such re-letting shall be
applied, first, to the payment of any indebtedness , other than
rent due hereunder from lessee to lessor; second , to the payment
of any expenses of such re-letting and of such alterations and
repairs ; third , to the payment of rent due and unpaid hereunder ,
and the resicue, if any, shall be held by lessor and applied in
payment of future rent as the same may become due and payable
hereunder. If lessee has been credited with any rent to be
received by such re-letting under option (a) hereof , and such
rent shall not be promptly paid to lessor by the new tenant , or
if such rentals received from such re-letting under option (b)
hereof during any month is less than that to be paid during that
month by lessee hereunder, lessee shall pay any such deficiency
to lessor. Such deficiency shall be calculated and paid monthly.
No such re-entry or taking possession of the demised premises by
lessor shall be construed as an election on the part of lessor to
terminate this Lease unless a written notice of such intention is
given to lessee or unless the termination thereof is decreed by a
court of competent jurisdiction. Notwithstanding any such
re-letting without termination, lessor may at any time thereafter
elect to terminate this Lease for such previous breach. Should
lessor at any time terminate this Lease for any breach , in addi-
tion to any other remedy it may have , lessor may recover from
lessee all damages incurred by reason of such breach , including
the cost of recovering the premises , and including the worth at
the time of such termination of the excess , if any, of the amount
of rent and charges equivalent to rent reserved in this Lease for
the remainder of the stated term over the then reasonable rental
value of the premises for the remainder of the stated term, all
of which amounts shall be immediately due and payable from lessee
to lessor.
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SECTION TWENTY-FOUR
Lessor' s Right to Perform
In the event that lessee by failing or neglecting to do or
perform any act or thing herein provided by it to be done or
performed , shall be in default hereunder and such failure shall
continue for a period of fifteen days after written notice from
lessor specifying the nature of the act or thing to be done or
performed, then lessor may, but shall not be required to, do or
perform or cause to be done or peformed such act or thing
( entering on the demised premises for such purposes , if lessor
shall so elect) , and lessor shall not be or be , held liable or in
any way responsible for any loss , inconvenience, annoyance , or
damage resulting to lessee on account thereof , and lessee shall
repay to lessor on demand the entire expense thereof , including
compensation to the agents and employees of lessor. Any act or
thing done by lessor pursuant to the provisions of this section
shall not be or he construed as a waiver of any such default by
lessee, or as a waiver of any covenant , term, or condition herein
contained or the performance therof , or of any other right or
remedy of lessor, hereunder or otherwise . All amounts payable by
lessee to lessor under any of the provisions of this Lease , if
not paid when the same become due as in this Lease provided ,
shall bear interest from the date they become due until paid at
the rate of fifteen percent ( 15% ) per annum, compounded annually.
SECTION TWENTY-FIVE
Transfer of Security
If any security is given by lessee to secure the faithful
performance of all or any of the covenants of this Lease on the
part of lessee, lessor may transfer or deliver the security, as
such, to the Purchaser of the reversion, in the event that the
reversion be sold , and thereupon lessor shall be discharged from
any further liability in reference thereto.
SECTION TWENTY-SIX
Waiver
The waiver by lessor of , or the failure of lessor to take
action with respect to any breach of any term, covenant , or
condition herein contained shall not be deemed to be a waiver of
such term, covenant, or condition, or subsequent breach of the
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same, or any other term, covenant , or condition therein con-
tained. The subsequent acceptance of rent hereunder by lessor
shall not be deemed to be a waiver of any preceding breach by
lessee of any term, covenant , or condition of this lease, other
than the failure of lessee to pay the particular rental so
accepted , regardless of lessor' s knowledge of such preceding
breach at the time of acceptance of such rent.
SECTION TWENTY-SEVEN
Effect of Lessee' s Holding Over
Any holding over after the expiration of the term of this
Lease, with consent of lessor, shall be construed to be a tenancy
from month to month , at the same monthly rental as required to be
paid by lessee for the period immediately prior to the expiration
of the term hereof , and shall otherwise be on the terms and.
conditions herein specified, so far as applicable.
SECTION TWENTY-EIGHT
Parties Bound
The covenants and conditions herein contained shall , subject
to the provisions as to assignment, transfer, and subletting ,
apply to and bind the heirs , successors , executors , administra-
tors , and assigns of all of the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
SECTION TWENTY-NINE
Time of the Essence
Time is of the essence of this Lease, and of each and every
covenant , term , condition, and provision hereof.
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SECTION THIRTY
Secton Captions
The captions appearing under the section number designations
of this Lease are for convenience only and are not a part of this
Lease and do not in any way limit or amplify the terms and
provisions of this Lease.
In Witness Whereof , the parties have executed this Lease at
Firestone , Colorado, on the day and year first above written.
TOWN OF FIRESTONE, By
- 0.T a— h(ftQ,Cif`�
Mayor c.t\issee
ATTEST:
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Secretary
(SEAL)
STATE OF COLORADO, )
ss .
COUNTY OF
The above and foregoing was acknowledged before me this _, - -
day of \. \ 19V- , by �,, ` , c \‘
Mayor of Firestone Colorado, \
Lea.
My Commission expires : (t (/
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Noy P IiC
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