HomeMy WebLinkAbout890111.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT WITH DAVID C. WIDHALM AND FRANK B.
FICARRA, DBA ANYTIME BAIL BONDING 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
with David C. Widhalm and Frank B. Ficarra, dba Anytime Bail
Bonding, and
WHEREAS, the term of said Agreement is from February 1 , 1989 ,
through January 31 , 1990 , with the terms and conditions being as
stated in said Lease Agreement, a copy of which is attached hereto
and incorporated herein by reference, and
WHEREAS, after study and 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 Ageement
with David C. Widhalm and Frank B. Ficarra, dba Anytime Bail
Bonding, 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 30th day of
January, A.D. , 1989 .
(/,�^ c BOARD OF COUNTY COMMISSIONERS
ATTEST: V'v"`7 WELD COUNTY, COLORADO
Weld County erk and Recorder G> /
and Clerk to the Board C.W. Kirby, C irman
fl
i3�JLr1c:o
1J ine ohnson, Pro-Tem
�J
eputy County erk �(
APPR VED AS TO FORM: ene R. Bran CS'S
George
L67
County Attorney
G . Lacy
-77f' ?OGC5 *`' r'-^j`- ,.i;. . - ..,/ 890111
LEASE
THIS LEASE, made and entered into this 30th day of
January, 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 referred to
as "Lessor" , and DAVID C. WIDHALM AND FRANK B.
FICARRA/DBA/ANYTIME BAIL 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 February, 1989 , to and until
January 31, 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 January 31, 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.
890111
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
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890111
be paid by the Lessee and that all charges for lighting said
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.
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 notice, and shall be
subject to eviction and removal, forcibly or otherwise, with or
without process of law, as above stated.
Page 3 of 4
890111
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: 1 " (3.441-114&%) COUNTY OF WELD, by and through
the Board of County Commis-
Weld County Clerk and Recorder of the County of Weld
rand Clerk to the Bo d f�
By: Gr /�
peputy County C erk C. W. Kirby, Chairman
LESSEE:
DAVID C. WIDHALM AND FRANK B.
FICARRA/DBA/ANYTIME BAIL
BONDING
Byp �
David
C. Widhalm
By:
ra k B. Ficarra
SUBSCRIBED AND SWORN to before me this d) ,7 ±--A- day of
January, 1989.
WITNESS my hand and official seal.
060
Notary Public
My commission expires:
My Commission Expires June 8, 1990
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