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HomeMy WebLinkAbout850573.tiff RESOLUTION RE: APPROVE LEASE OF PROPERTY FROM HIGHLAND FEEDERS, INC. 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 of County Commissioners of the County of Weld, State of Colorado, deems it necessary to lease the grader shed on part of the Union Pacific Railroad Company station grounds westerly of Lot 15 , Block 2 , 1st Pence Subdivision to the Town of Ault, Weld County, Colorado, from Highland Feeders, Inc. , P. O. Box 366 , Ault, Colorado 80610 , and WHEREAS, a copy of said Lease is attached hereto and incorporated herein by reference. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of the County of Weld, State of Colorado, that the Lease of said property from Highland Feeders, Inc. be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorize Chairman to sign said Lease. The above and foregoing Resolution was, upon motion duly made and seconded, adopted by the following vote on the 21st day of October, A.D. , 1985. n %7 • BOARD OF COUNTY COMMISSIONERS ATTEST: i.,n..nn')" WELD COUNTY, COLORADO Weld County Clerk and Recorder ,��,�� and Clerk to the Board CJJ u ine J son, Chairman L By: IU � e, hat, Deputy County C erk ene R. rantner, Pro-Tem PPRO D AS '% O C. W. K County Attorney Go cy EXCUSED Frank Yamaguchi ///e �� 7. <,,,_ , {.•.-. - c::-.? 850573 LEASE THIS AGREEMENT made and entered into this 21st day of October , 1985 , HIGHLAND FEEDERS, INC. , hereinafter referred to as "Lessor, " and the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, hereinafter referred to as "Lessee, " WITNESSETH: That for and in consideration of the rental herein agreed to be paid by Lessee to Lessor, and the covenants and agreements herein agreed to be kept and performed, Lessor hereby leases to Lessee for the term hereinafter designated, the grader shed on part of the Union Pacific Railroad Company station grounds westerly of Lot 15 , Block 2 , 1st Pence Subdivision to the Town of Ault, Weld County, Colorado. SECTION I. TERM Oc 4�j..c I Nfz5- 1 . TERM - The term of this Lease shall be from the datea,l above written to Oc--I- 47e-e- I , 1986 , and this Lease shall continue in effect from year to year for a period not to exceed three consecutive years, unless either party shall give written notice to the other of termination not less than ninety (90) days prior to expiration of this Lease or renewal thereof. Lessee shall have the right to extend the term of the lease up to six (6) months for the purpose of an orderly vacation of the premises. SECTION II. RENTAL The rental to be paid by Lessee to Lessor shall be the sum of FOUR THOUSAND DOLLARS ($4 ,000.00) annually. Said rental payment shall be payable in advance. Said payment shall be made to: Highland Feeders, Inc. , P. O. Box 366 , Ault, Colorado 80610 . SECTION III. USE OF PREMISES Lessee agrees to use the premises for County purposes and Lessee further agrees that it will not use said space or allow any other person to use said space for any other purposes without the prior written consent of Lessor. SECTION IV. UTILITIES Lessee shall furnish, at his own expense, water, electricity, heat, and all other utilities used by it on the premises. Page 1 of 3 Pages SECTION V. MAINTENANCE OF PREMISES Lessee shall, at its sole expense, keep and maintain the leased premises in a clean and sanitary condition. The Lessee further agrees that upon termination or expiration of this Lease, the Lessee shall thoroughly clean the premises to the condition that they were in prior to the Lessee' s occupancy and shall take necessary measure to ensure that any rodents or pests in said building have been exterminated. SECTION VI. RIGHT OF INSPECTION Lessor reserves and retains for its officers, employees and authorized representatives, the full right to enter the premises for the purposes of inspecting or protecting such premises. However, unless an emergency exists, such an inspection shall occur during Lessee 's regular business hours upon prior notice, and admission to the premises by Lessee shall be obtained whenever practical. SECTION VII . INDEMNIFICATION Lessee covenants and agrees that he will indemnify and save harmless Lessor from all demands, claims, costs, causes of action or judgments and from all expenses that may be incurred in investigation or resisting the same, arising from or growing out of any act or negligence of Lessee, its contractors, agents, employees, invitees, servants, subtenants, successors or assigns in connection with its occupancy of said premises. SECTION VIII. DAMAGES TO PREMISES The Lessee further agrees to reimburse the Lessor for any damage which may occur to the premises as a result of the Lessee' s negligence during the term of this Lease. Lessee shall be responsible for the contents of the premises and shall carry adequate insurance for the same and provide a Certificate of insurance to Lessor. SECTION IX. NON-ASSIGNMENT Lessee shall not assign any of its rights to the lease agreement, in whole or in part, without the prior written consent of Lessor. SECTION X. DEFAULT Should Lessee fail, refuse, or neglect to pay any rent as herein provided or should Lessee breach any of the terms and Page 2 of 3 Pages conditions of this lease agreement, Lessor shall become entitled to repossess the demised premises upon giving Lessee notice of such breach in writing pursuant to Colorado law. DATED this 21st day of October , 1985 . LESSOR: ATTEST: HIGHLAND FEEDERS, INC.Me 0 Secrets /� resident LESSEE: ATTEST: -at BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Cl rk and Recorder and Clerk to� n the Board sh te Deputy County Cl r Ja que i e Joh son, Chairman Page 3 of 3 Pages Hello