HomeMy WebLinkAbout890145.tiff RESOLUTION
RE: APPROVE LEASE WITH THE GREELEY INDEPENDENCE STAMPEDE
COMMITTEE 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 Greeley Independence Stampede Committee has
submitted a Lease to the Board concerning the Supplemental Foods
Building, and
WHEREAS, the term of said Lease is from January 31 , 1989 , to
January 31 , 1992 , with the further terms and conditions being as
stated in said Lease, 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 between
Weld County and The Greeley Independence Stampede Committee
concerning the Supplemental Foods Building be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Lease.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 6th day of
February, A.D. , 1989 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: \ &Wt&Ltln) WELD COUNTY, COLORADO
Weld County lerk and Recorder //�and Clerk to the Board C.W. Kir y, C irman
B �,� ac lio Joh n, Pr -Tem
D puty County Clerk / / [�
APPR ED AS TO FORM: ene R. Brantne/r// Q '
4 °
Cdr!c747__ George Ke
County Attorney �2
Gordon ac,
7 741/2., ef. 890145
LEASE
THIS pLEASE, made a and entered into this day of
�A , 1971 , by and between THE COUNTY OF WELD,
y and hrough the Board of County Commissioners of the County of
eld, 915 Tenth Street, Greeley, Colorado 80631, hereinafter
referred to as "Lessor, " and THE GREELEY INDEPENDENCE STAMPEDE
COMMITTEE, 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: The Supplemental Foods
Building, located in the Island Grove Park, Greeley, Colorado.
TO HAVE AND TO HOLD the same with the appurtenances unto
Lessee from January 31, 1989, to January 31 , 1992 , at and for a
rental, for the full term aforesaid, of $ N/A ,
payable in monthly installments of $ N/A per month, in
advance, on or before the first day of each calendar month during
said term at the office of the Lessor.
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 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;
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 prohibited by the
laws of the United States or the State of Colorado, or the
Ordinances of the City of Greeley, Colorado, or of the County of
Weld, and for no improper or questionable purpose whatsoever;
Page 1 of 4 Pages 890145
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, Colorado, 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 of 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 therefor;
j . To permit the Lessor to place a "For Rent" 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 retail food serving and
restaurant type business.
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 Lessor and that all charges for heating and
lighting said premises shall be paid by the Lessee as the same
become due and payable and that in case said premises shall become
£390145
Page 2 of 4 Pages
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 . The Lessee fully understands that at the end of this
Lease on January 31 , 1992 , the Lessor shall seek input and advise
from the Island Grove Park Advisory Board as to the disposition of
the Supplemental Foods Building. After that date, Lessee may have
to make other arrangements for storage other than in the
Supplemental Foods Building.
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.
IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the
parties herein, that if the rent above reserved or any part
thereof, shall be 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, 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 forceable
detainer of said premises under the statute, hereby waiving all
notice, and shall be subject to eviction and removal, forceably 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
890145
Page 3 of 4 Pages
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: I COUNTY OF WELD, by and through
the Board of County Commis-
Weld County Clerk and Recorder sioners of the County of Weld
and Clerk to the B d 7-2 ,7e-let
•
rJ By:
eputy County lerk Chairman
LESSEE:
9144,
By
SUBSCRIBED AND SWORN to before me this day of
, 19
WITNESS my hand and official seal.
Notary Public
My commission expires :
890145
Page 4 of 4 Pages
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, 9 Box 1464 Greeley, Colorado 80632
9, ., n 350 N. 14th Avenue
(303) 356-SPUR
890145
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