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B 1083 REC 02024271 09/10/85 14: 14 $0. 00 1/004
F 1937 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY AND JOHN A. DUFFEY
FOR USE AND MAINTENANCE OF ELEVATOR AT 936 9TH AVENUE AND
AUTHORIZATION FOR CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement
between Weld County and John A. Duffey for the use and maintenance
of an elevator at 936 9th Avenue, and
WHEREAS, after review, the Board deems it advisable to
approve said Agreement, a copy being attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement between
Weld County and John A. Duffey for the use and maintenance of an
elevator at 936 9th Avenue be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 4th day of
September, A.D. , 1985 .
N.,m'1 I ? i BOARD OF COUNTY COMMISSIONERS
ATTEST . ` �^^~ WELD COUNTY, COLORADO
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Weld CieOr`and Recorder a ,
and &Vthalbard ine Jo son, Chairman
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BY: ) / ene R. Brantner, Pro-Tem
epu y ounty rk
APPROVED AS TO FORM: C. . it „
Go
o y Atto ney
Frank Yama$ chi
851128
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AGREEMENT FOR USE AND MAINTENANCE OF ELEVATOR
THIS AGREEMENT, entered into this 4th day of September
1985 , by and between the BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO, a body politic and corporate,
organized and existing by virtue of the laws of the State of
Colorado and the Weld County Home Rule Charter, hereinafter
referred to as "County, " and JOHN A. DUFFEY, P.O. Drawer P,
Fort Collins, Colorado 80522.
WHEREAS, County has entered into a contract with Robert M.
Gilbert to purchase real property and buildings situated in the
City of Greeley, County of Weld, State of Colorado, and
particularly described as follows:
The North 140 feet of Lot 17 , Block 64 , City
of Greeley, Colorado, as shown on the plat map
originally recorded in September, 1870 , in the
Office of the Weld County Clerk and Recorder,
Greeley, Colorado,
and
WHEREAS, John Duffey is the owner of a building which is
located to the south and is immediately adjacent to said property
described above, and more particularly described as follows:
A part of Lot 17 , Block 64 , City of Greeley,
more particularly described as follows:
Beginning at a point 140 feet South of the
northwest corner of said lot; thence South to
the southwest corner of said lot; thence East
to the southeast corner thereof; thence North
along the East boundary of said lot to a point
140 feet South of the northeast corner of said
Lot 17; thence West to the point of beginning,
being a parcel of ground 50 feet East and West
by 50 feet, more or less, North and South off
of the South end of Lot 17 , Block 64 , in the
City of Greeley, Colorado.
and
B 1083 REC 02024271 09/10/85 14: 14 $0. 00 2/004
F 1938 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 1 of 3 Pages
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F 1939 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
WHEREAS , an elevator was installed by Mr. Gilbert and the
previous owner of the building owned by John Duffey, which is
located within the buildings to be purchased by County, and which
provides access to the second floor offices in both the buildings
to be purchased by County and the building which is owned by Mr.
Duffey, and
WHEREAS, County and John Duffey have entered into the within
Agreement in order to define the rights and obligations of both
parties in the use and maintenance of said elevator.
NOW, THEREFORE, in consideration of the covenants and
obligations herein expressed, it is agreed by and between the
parties hereto as follows:
1 . Use of Elevator. That any tenants which occupy the
second floors of the buildings to be purchased by County and the
building which is owned by Mr. Duffey will be free to use said
elevator at any time in order to gain access to said second floor
offices.
2 . Access. That any tenants occupying second floor offices
in the buildings to be purchased by County and the building owned
by Mr. Duffey will be provided with keys to the outside doorway
which allows access from the east sidewalk on Ninth Avenue to said
elevator and may enter through said doorway at any time.
3 . Maintenance. That maintenance on said elevator will be
performed by persons employed or contracted to do elevator
maintenance in other buildings owned by County. The cost of said
maintenance shall be paid as follows: One-half will be paid by
County and one-half will be paid by Mr. Duffey. County will bill
Mr. Duffey for the cost of said maintenance in any month at the
end of that month. In the event that extraordinary maintenance or
repair costs are to be incurred, the County agrees to provide Mr.
Duffey notice of said costs at least thirty (30) days prior to the
date required for payment thereof by Mr. Duffey.
4 . Term. This Agreement shall be in effect from the date
first above written to and until a date upon which either party
may desire to terminate this Agreement. Termination by either
party must be made in writing at least 10 days prior to said
termination day. This Agreement shall terminate, in any event,
upon the sale of the buildings owned by either party to this
Agreement.
Page 2 of 3 Pages
IN WITNESS WHEREOF, the parties hereto have hereunder
subscribed their names the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST-‘11- Q v WELD COUNTY, COLORADO
Weld County 61erk and Recorder
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and Clerk to thd. Bo- By-9- ti
( Ja que ine h son, Chairman
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N A. DUFFE ,
SUBSCRIBED AND SWORN to before me this ;1' day of
, 1985 .
WITNESS my hand and official seal.
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On- Ct 0)-v,--)
�=' ,ft Notary Public
-3,yY ion expires: o2/o2N'$$
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F 1940 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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