HomeMy WebLinkAbout851126.tiff AR2022502
RESOLUTION •
RE: APPROVE PURCHASE OF PROPERTY FROM ROBERT M. GILBERT TO
PROVIDE OFFICE SPACE FOR THE WELD COUNTY PROBATION DEPARTMENT
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 Contract for the
purchase of property from Robert M. Gilbert, said property being
more 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,
915 Tenth Street, Greeley, Colorado
WHEREAS, the further terms and conditions are as stated in
the Contract, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, the Board desires to purchase said property for the
primary purpose of providing office space for the Weld County
Probation Department.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Contract for the
purchase of Property from Robert M. Gilbert be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Contract.
B 1082 REC 02022502 08/27/85 16: 32 $0. 00 1/002
F 0136 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
e R O 0 0 Io 851126
Page 2
RE: PURCHASE OF PROPERTY - GILBERT
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 22nd day of
May, A.D. , 1985.
�
�. BOARD OF COUNTY COMMISSIONERS
ATTEST: I `/�l �2 �ni WELD COUNTY, COLORADO
Weld County Clerk and Recorder p+O� hY�
and Clerk to the Board t ine J' h son, Chairman
v (/xA 0 K I' '
• Gene R. Brantner, Pro-Tem
D puty County erk
EXCUSED DATE OF SIGNING - AYE
APPROVED AS TO FORM: C.W. Kirb
G r La
ounty Attorney
Frank Yamagu i
B 1082 REC 02022502 08/27/85 16 : 32 $0. 00 2/002
F 0137 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
AR2011471
CONTRACT FOR SALE AND PURCHASE OF BUILDINGS FOR THE PRIMARY
PURPOSE OF PROVIDING OFFICE SPACE FOR THE WELD COUNTY
PROBATION DEPARTMENT, WELD COUNTY, COLORADO
'.0 0
N CJ
THIS AGREEMENT is made on May 22 , 1985 , at
o TransAmerica Title Insurance Company, 918 Tenth Street, Greeley,
Colorado 80631 , by ROBERT M. GILBERT, First National Bank
ca• Building, Greeley, Colorado 80631 , hereinafter referred to as
o "Seller, " and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO, 915 Tenth Street, Greeley, Colorado
o 80631 , hereinafter referred to as "Purchaser. "
ul-
0
o RECITALS
M ai
o 0 In consideration of the covenants and agreements of the
respective parties, as hereinafter set forth, Seller agrees to
Ea sell and convey to Purchaser, and Purchaser agrees to purchase and
If) I-1 take from Seller, the real property situated in the City of
c V Greeley, County of Weld, State of Colorado, and particularly
0Z described as follows:
M H
\ W
lnE" The North 140 feet of Lot 17 , Block 64 , City
o a of Greeley, Colorado, as shown on the plat map
originally recorded in September, 1870 , in the
,d w Office of the Weld County Clerk and Recorder,
r 915 Tenth Street, Greeley, Colorado.
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o 4 together with all improvements thereon and appurtenances thereto,
a
and all the articles of equipment and other personal property
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owned by the Seller which may be contained therein at the date of
closing. The real and personal property hereabove described is
m hereinafter referred to as "property. "
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o Transfer to Purchaser shall include all right, title, and
• w interest of Seller in and to all streets , alleys, roads, and
avenues adjoining the real property.
The following terms, provisions, and conditions are further
agreed to:
SECTION I.
PRICE; DEPOSIT
The purchase price for property is $308 ,000 .00 , payable in
cash on date of closing. Purchaser will pay five percent (5%) of
RECORDER'S MEMORANDUM
AT THE TIME OF RECORDATION, THIS IN-
STRU'dEKT VAS T 'NO i'^ CE !NACEOUATE
f R ,IC L- I _.L;O zr „C P:E f-. CDUCTION
BECAUSE OF IL EC-ABILITY, CARSON OR PHOTO
CONY, DISCOLORED PAPER. ETC.
$308 ,000 .00 ($15 ,400 .00) to Seller on the date of signing of this
Agreement as a deposit. Said deposit will be deducted from the
total purchase price on the date of closing.
SECTION II .
TITLE; TENANCIES
A. Conveyance of title to property shall be by Warranty
Deed with full covenants, executed by Seller, to Purchaser or
Purchaser' s nominees. Title to be conveyed shall be good and
marketable, subject only to:
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o 1 . Any and all rights of the owner or of the property
ro o adjoining the subject property on the South arising from the
u existence of a party wall, common entrance, hall, stairway
o and hallway partly located on the subject property as
o w described in Agreement recorded June 15 , 1907 , in Book 258 at
0 3 Page 426 .
0w
`h w 2 . Terms, agreements, covenants, provisions,
a
conditions and obligations as contained in Agreement between
w Charles R. Meyer and Marlborough Investment Company recorded
r, a September 5 , 1951 , in Book 1311 at Page 165 , providing as
o follows:
.. .t
-.4 w a. That said doorway at the rear or east end of
w that portion of second party' s building known as 930
cooU c Ninth Avenue in the City of Greeley, shall remain closed
and will not be used for the purpose of ingress and
01 H egress to and from said building situate on said Lot 17 ,
ul p except with the permission of the first party, his
co z heirs, executors, administrators or assigns; that any
w use of said doorway which might involve going upon or
ri
w across any portion of said Lot 18 shall be and shall be
d,, w held to be a permissive use , and the owner and occupants
.+ z of said portion of said Lot 17 shall not thereby acquire
(NIgc any right, title or interest in or to, nor any easement
0 or right of way on, over or across said Lot 18 , or any
U a part or parcel thereof, by virtue of any such use of
a said doorway.
H C71
N o b. That first party reserves and retains the
H o right for himself, his heirs, executors , administrators
and assigns , to, at any time, prohibit the use of any
fe k4
portion of said Lot 18 for the purpose of ingress and
_ egress to and from second party' s building through or by
means of said doorway.
2
c. Second party, for itself, its successors and
assigns, acknowledges the right of the first party to
o the exclusive possession and enjoyment of all of said
o Lot 18 , Block 64 , in the City of Greeley, Weld County,
rio Colorado, and second party in consideration of the
u premises, and such permission to use said doorway as a
A means of ingress and egress to and from said building as
o w may be granted by the first party from time to time,
0 3 agrees for itself, its successors or assigns, that it
o x will never assert of claim a right to the use of said
Q Lot 18 , or any part or parcel thereof, adverse to the
right and title of the first party, his heirs ,
wexecutors, administrators or assigns.
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..
3 . The following leases :
x a. John E. Corkran, Corkran Optical, 922 Ninth
w
a Avenue, Greeley, Colorado.
m c.)
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b. Yu Kwan Lee, Little Hong Kong Shop, 924' Ninth
rel H
Avenue, Greeley, Colorado.
In E
z c. Winona Lorance, President, Winona' s Sub Shop,
Inc. , 928 and 932 Ninth Avenue, Greeley, Colorado.
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w d. The Colorado State Public Defender, 936 Ninth
o z Avenue, Greeley, Colorado.
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B. Part of the property to be conveyed is occupied by
u tenants under month-to-month tenancies, beginning on the first day
.ga of each month. A list of said tenancies is set forth in Schedule
o "A, " attached hereto and made a part hereof. The remainder of the
property is held by tenants under written leases , the terms and
ri o conditions of which are attached hereto and made a part hereof.
MN
With respect to all of said tenancies, Seller shall,
within twenty (20) days from the date of signing of this
Agreement, notify said tenants of the execution of this Agreement
and advise them that possession of the property and closing
thereof shall take place on August 1 , 1985 , or in any event, no
later than September 1 , 1985; and further, as to the
month-to-month tenancies, advise them that they should contact
Purchaser as the new owner relative to the negotiation of new
leases to be made and entered into as of the date of closing.
C. Conveyance of title shall be made and sale closed on
August 1 , 1985, unless Purchaser receives expected energy impact
assistance funds, in which case closing shall be no later than
3
September 1 , 1985 . Title shall be evidenced by standard form
title insurance policy issued by TransAmerica Title Insurance
o Company, 918 Tenth Street, Greeley, Colorado 80631 , insuring
.- o title to property to be in Purchaser or its nominees , subject only
to the matters herein set forth.
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D. If title is not merchantable and written notice of
a defect (s) is given by Purchaser or Purchaser' s agent to Seller or
o g Seller' s agent on or before date of closing, Seller shall use
• reasonable effort to correct said defect(s) prior to date of
o„• w closing. If seller is unable to correct said defect (s) on or
Q before date of closing, at Seller' s option and upon written notice
o to Purchaser or Purchaser' s agent on or before date of closing,
M the date of closing shall be extended thirty (30) days for the
M a purpose of correcting said defect (s) . If title is not rendered
no merchantable as provided for in Section II .A. , at Purchaser' s
x option, this contract shall be void and of no effect and each
party hereto shall be released from all obligations hereunder and
n a all payments and things of value received hereunder shall be
• u returned to Purchaser.
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o SECTION III .
o ASSESSMENTS
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▪ G. If, at the time of transfer of title, property or any part
oz thereof is subject to an assessment or assessments payable in
" 4 installments, all such installments not due or delinquent at the
>+ time of transfer shall nevertheless be deemed to be due and
z payable at such time and as liens on the real property hereinabove
described, and all such assessments shall be paid and discharged
.-4 by Seller.
✓ �
ow
H O SECTION IV.
mw
PRORATION OF TAXES; PAYMENT OF UTILITIES; PRORATION OF RENTS
(IF NECESSARY) ; SECURITY DEPOSITS; STATEMENT OF SETTLEMENT
A. Real estate taxes for the year 1985 shall be prorated as
of the date of closing. Seller promises to pay all such prorated
1985 real estate taxes and any delinquent real estate taxes on the
date of closing. Such payment shall be made directly to the
Purchaser on the date of closing and shall be in accordance with a
separate Real Property Tax Agreement which will be signed by both
parties on that date.
B. All utilities' payments which are due and owing at the
date of closing shall be paid for by the Seller or the Tenants.
4
C. If closing should occur after August 1 , 1985, and before
September 1 , 1985 , rents paid by all tenants for the month of
August, 1985 , will be prorated to the date of closing in
accordance with a separate Agreement for the Proration of Rents
which will be signed by both parties on that date. Sellers
payment of such prorated rents will be made in cash directly to
the Purchaser on the date of closing.
D. The following security deposits have been received by
w oU Seller:
i p (a) . $300 . 00 from Yu Kwan Lee, Little Hong Kong Shop, 9241
U Ninth Avenue, Greeley, Colorado 80631 .
Ca
w (b) $225. 00 from Winona Lorance, President, Winona' s Sub
0 3 Shop, Inc. , 928 and 932 Ninth Avenue, Greeley, Colorado
o a 80631 .
w
a Said deposits must be applied toward the last month' s rents for
o each of the tenants listed in this Section IV.D. Seller promises
en to pay these deposits directly to Purchaser in cash on the date of
o closing in accordance with the Statements of Settlement to be
signed by both parties.
�+ x
E. Seller and Purchaser promise to sign Statements of
coca Settlement on the date of closing which will state all payments to
o z be made by both parties.
H
• F SECTION V.
ocn
ACCESS TO REAL PROPERTY
-40
d w After the signing of this Agreement, Seller will grant
z Purchaser access to the real property, which is the subject
oZ
ccN 4 herein, at any time for the purpose of remodeling.
SECTION VI.
a
N RISK OF LOSS; MAINTENANCE; TRANSFER OF POSSESSION
r-Ir �
off o A. Risk of loss or damage by fire or other casualty to
property or any part thereof prior to the date of closing shall be
• w
the risk of Seller. In the event of such loss or damage prior to
closing, this contract shall not be affected, but Seller shall
assign to Purchaser all rights under any insurance policy or
policies applicable to such loss. If action is necessary to
recover under any casualty policy, Seller shall grant permission
to bring such action in Seller' s name.
5
B. Possession of property, subject to leases herein
referred to, shall be transferred at date of closing.
SECTION VII.
coo
o U COMMERCIAL ZONING
co
Seller warrants that property is zoned for commercial
purposes and that all existing uses thereof are lawful and within
a
0 w such zoning. Purchaser plans to use the property for the primary
0 3 purpose of providing office space for the Weld County Probation
o m Department, Weld County, Colorado.
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SECTION VIII.
O
U
,n a BINDING EFFECT OF CONTRACT
This contract and the covenants and agreements hereof shall
~ z bind and inure to the benefit of parties hereto, and their
respective heirs, personal representatives , successors, and
o O assigns. Unless the contract otherwise requires , the covenants
o z hereof shall survive the transfer of title.
H
to F SECTION IX.
ocn
TIME OF THE ESSENCE
r w
•cr 54
Time is of the essence hereof. If any note or check received
o z as earnest money hereunder or any other payment due hereunder is
(., < not paid, honored or tendered when due, or if any other obligation
0 >1 hereunder is not performed as herein provided, there shall be the
w following remedies :
a
,., c,) A. IF SELLER IS IN DEFAULT, (1) Purchaser may elect to
r r-I treat this contract as terminated, in which case all payments and
o� o things of value received hereunder shall be returned to Purchaser
m w and Purchaser may recover such damages as may be proper, or (2)
Purchaser may elect to treat this contract as being in full force
and effect and Purchaser shall have the right to an action for
specific performance or damages , or both.
B. IF PURCHASER IS IN DEFAULT, (1) Seller may elect to
treat this contract as terminated, in which case all payments and
things of value received hereunder shall be forfeited and retained
on behalf of Seller and Seller may recover such damages as may be
proper, or (2) Seller may elect to treat this contract as being in
full force and effect and Seller shall have the right to an action
for specific performance or damages , or both.
6
`o O C. Anything to the contrary herein notwithstanding, in the
o event of any litigation arising out of this contract, the court
p may award to the prevailing party all reasonable costs and
U expense, including attorneys ' fees .
Q
o W IN WITNESS WHEREOF, the parties have executed this instrument
o at the place and on the date first above specified.
o CO
V' W Ca SELLER:
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ena
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,'; RFle r.GGi3 rt
~ a First National Bank Building
Greeley, Colorado 80631
N a
CO u
\ �% day of
`•-CO �Wi J ' 19
141
o 'P S my hand and official seal.
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o otary Publ • AA,-v a sr4TFM� ' •fission expires: g/7/ do
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H 1 (�yy�; PURCHASER:
r--I p +^ S,eal 44 ` FYI .
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ATTEST: -1 4"� BOARD OF COUNTY COMMISSIONERS
' bi 4*j^4� .t4 WELD COUNTY, COLORADO
Weld Co cJ epk . Recorder
and Clerk( 9-stile "Bard Bsha\
-7
t 't :cqu >ne Job.s.n, Chairman
� )
eputy County Cl k
7
SCHEDULE "A"
1 . Leon K. Casteel, Lee' s Barbershop, 924 Ninth Avenue,
Greeley, Colorado 80631 .
2. Eleanora Giesick, Eleanora' s Beauty Shop, 924 Ninth
uo;° t) Avenue, Greeley, Colorado 80631 .
0
w o 3 . Ivalee Bernhardt, Greeley Uniform, 932 Ninth Avenue,
o Greeley, Colorado 80631 .
o w 4. Fred Gutierrez , Gutierrez and Koppes, 934 Ninth Avenue,
0 S Greeley, Colorado 80631 .
oa
q 5. Ron Stump, Mount Falcon Books, 926 Ninth Avenue,
o Greeley, Colorado 80631 .
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CO W
No.982 BUSINESS LEASE.—B r.. gibbing Co..182'-46 Stout Street,Denver,Colon m
THIS INDENTURE, Made this 12th-___day of. Q-C±Dher 19._.8.3, between
Robert M. Gilbert __ the lessor_ end
Corkran Optica].y Inc e ,_ ,Qg1 orado cQx_porati Qn
____-the lessee„
•
-WITNESSETH. That, in consideration of the payment of the rent and-the keeping and performance of'the
covenants and agreements by the said lessee hereinafter set forth,the said lessor.--hereby leases unto
the said lessee.--the following described premises, situate in the County of__Weld
in the state of Colorado, to wit: •
ground floor premises described as the North 25
feet of Lot 17 , Block 64 , known as 922 9th Avenile, city of C;rep1ey.
'TO NAVE AND TO HOLD the same with all the appurtenances unto the maid lessee_ from twelve o'clock noon
1/40 OU of the 1st day ad Ortnber 39-$3-.,until twelve o'clock noon of the_ 1st
- day of October -. --19.66 at and for arental,for the full term aforesaid of
Sixteen
nn o U Thousand Two Hundred and -No/100 _dollars, 'payable
C:1 in monthly installments of Four Hundred Fifty and No/1 QQ dollars per month,
o W — --
oa, ----
a _- —._ — — — __ .
_in.advance, on or before twelve o'clock noon, on _.
U the 1st day of each calendar month during said term
m a itK
at the office.of-.. .s.s,Q.r, ..209 First Nis 't l Bank- Rl rig , rrPe1 Py, Colorado, without notice,
o Lessee shall have the right and option to renew this lease for a furl Ter
•• '� e-rllr-of i, of s u 1 L /e eA Ara Ill hereof d d I ell Ldl tea' Chen
- x negotiated and mutually agreed upon oy giving_ Lessor ninety . 90 ) days '
a 7t15gice o₹ intention to-exercise said potion,•a eoven n,s
W ana .sn. s— .. :nBewa
And the said lessee in cyogideratien of the leasing of premiss as
In 4 to wits
co U To pay the rent for said premises as-herelnabove provided: to keep the Improvements-upon said premises, including all sewer connections.
\ plumbing, wiring, end ease in good"repair at the expense of said lessee__ and at the expiration of this Lease to surrender and
o z _ deliver-up said premises in as good orderand condition as when the same were entered-upon, lose by fire, inevitable accident or ordinary wear
m H -.=tented;to sublet no part of said Dr'emisee,nor assign this Lease or any interest herein, without the written consent of the leeaor___ffret
Cris being obtained;to nee add DvAmtsee for no purpose prohibited by the laws of the United States,or the Slate of Colorado,or the ordinances of the
lil [-I said City or Town of___Si' el Py _ __ . and for no improper or euestionable purpose whatsoever; to keep
O in the sidewalks in front of and around said premises free from Ice and snow, and said sidewalks and premise free from all litter, dirt.
CB debris and obstructions:'to keep said premises dean, and In the sanitary condition required by the ordinances end the health and_Police
W 1
regulations of the said City or Town of____ reP1 Py ____ ; to neither permit nor suffer any disorderly conduct
,y .ti. noise or nuisance whatever about said premiseslhavingr aninlu tendency or to aannora• disturbeither any proximate orsre occcupyo ngr�a through
hrmiw
; to
r IA .b any held nor itemio s injholury
the lessor—Liable
It, by Dale, alterations, fof th or hersaccident to upants t re or another parts of the above premises not hereinr demised, cc i reason
e-I of the negligence or default t of the breaking or.or age occupants thereof •any o er nor •o for any Injury premises,
damage rr aid br by
defective stoppage
ul or theeezing-o •o herwDa ; ofto plumbing ither ormsewerage sufferupon said premises or upon aware l o s the a whether, toa said break.
o Z ins v rlo dig, norresults sfrom mises to need for r: Purpose permit nor said premnte or the walls ovoid floors thereof, r c endangered
O Z be overloading. nor geld pralterations
be need any n, or which would render the tusursue thereon void or the Ins ref risk more
�i -hazardous,r nor make ey situations or card de, about n premises thirty
without first efore written bs therefor;; to o permit
o .:the lessor__to place a "For Rent" card upon said premises at any time after thirty days before the end of this Lease; allow said
lessor______d any reasonable hour of the day to enter into or upon and go through and view said premises; to occupy the eamex,f----
U a _ far_geriarull- bllsipess pllrnnsr eS anal as ..an_opti("Al _h,lsi ne—s —
it b agreed that aal]L�aqasyesements for water rents that may be levied against said premises during the continuance of this lease shall
a be paid by the weld lestha_and that all eherges for beating and lighting the said ➢remises shall be paid by the mud less flood or act the
same become due and payable and that In ease said premises shall become untenantebie on account of damage by fire.
f
H t0 God, this Lease may be thereupon terminated by the said lessee—;
N c-I It is further egreed that no assent, expressed or implied, to any breach of any one or more of the covenants or agreements hereof shall
O tfY be deemed or taken to be a waiver of any succeeding or other breach.'
'~ 0 It Is mutually agreed that if after the expiration of this Lease, the lessee.__—shall remain in mansion of said premises, and
C3 ixl continue to pay rent without written agreement as to such possession then such lessee ahali be retarded as a tenant from month to
month at a monthly rental, payable in advance, equivalent to the fast monthly Installment hereunder, and subject to all the terms and
provisions of this Less. •
It is further mutually agreed that inease said premises are left vacant and any part of the rent therein reserved be unpaid, then
the lessor—may, without in anywise being obliged so to do, and without terminating this Lease, retake possession of said praises.
and rent the same for such rent end upon such condition as the lessor—may think best, making ruck changes and repairs as may
be required giving credit for the amount of resit so received lee all expenses of such changes and repairs, and mid lessee—shall be
liable for the
e balance of the rent herein reservedd-until the expiration of the term of this Lease.
IT IS EXPRESSLY UNDERSTOOD AND AGREED By and between the parties aforesaid, 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
said lessee----, it shall and may be lawful.for the said leseor___to declare said term ended, and enter Into the said premise, or
any part thereof, either with or without proems of law, so re-enter, and the said lessee___or any person or persons occupying the
same, to expel, remove, and put out, using such force as may be necessary in so doing, without being liable to proeeention or in damage
therefor, and the said premises again to repossess and enjoy, as in the first and former estate of the said leesor__. And If at any
time said term shall be ended as aforesaid or In any other way, the said lessee_.__.baeby covens,c `nd agreeS—to surrender
and deliver OD said premises peaceably to said lessor_.-. Immediately upon the termination of said term• and If the leases -ban
remain in possession of the same after the termination thereof said lessee____--ahsll be deemed Frailty of a forcible detainer of said
premises under the statute, hereby waiving all notice, and shalt be subject to eviction and removal, forcibly or otherwise, with or without
process of law,as above stated.
And it la farther expressly understood and agreed that all the covenants and agreements In this lease contained shall extend to and
he 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 undemanding and agreement that, is the event the leases
becomes insolvent.or Is declared bankrupt, then, In either event, the lessor may declare this Less, ended, and all rights of Irene hereunder
o beli thereupon terminate and wow. taxes
_Any innneas in the__gQfaS31_ ad valorem/nr by rpaann of 1- vPe-
assessed for special improvement districts or the like over the
_12_a.sg._y_eanaciA7 ,shall he hnrnp by _thp__Lessen upon - .ps.CRtataen
of tax notice and shall be considered as additional rent due
hereunder - -----
IN WITNESS WHEREOF, the parties hereto have hereunto set their hand,and a e day and year f bona written
•
— Al WEAL)
Robgrt M Gil ert - Lessor
COn( n Opi3J4_�`a IIlCs (SEAL)
Bi L-- ____— _(SEAL)
E. Corkran Lessee
Na,982 BUSINESS LEASE.—Dndlm..lublishin¢Co., Ie2t-I6 Stout Street, Denver. Colorado —7.76
THIS INDENTURE, Made this..lSt day of January , 194 , between
ROBERT M. OTT..n ,RS
the lessor........and
the lessee
WITNESSETH, That, in consideration of the payment of the rent and the keeping and performance of the
covenants and agreements by the said lessee hereinafter set forth, the said lessor............hereby leases unto
the said lessee the following described premises, situate in the County of Weld
in the State of Colorado,to wit• Coimercial space of approximately 1650sauare feet
located at 930 Ninth Avenue, Greeley, Colorado
TO HAVE AND TO HOLD the same with all the appurtenances unto the said lessee from twelve o'clock noon
of the....lst day of JACIP X'Y , 19.$4...., until twelve o'clock noon of the 1st
day of Jan 19..8.1.., at and for a rental, for the full term aforesaid of—"--Thirty
k.00 Thousand and No/100 dollars, payable
in monthly installments of F lye Fandr.e.d....a.n.d...No./..10.0 dollars per month,
o O
o
03
o a in advance, on or before twelve o'clock noon, on the 1st day of each calendar month during said term
V)-
N at the office of Robert M. Gilbert, Intrawest Bank Bldg.f Greeley-.. Colorado, without notice,
0
0
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N
M a And the said lessee in consideration of the leasing of said premises as aforesaid, covenant-S.---and agree—S.—as follows,
o to wit:
se '•n To pay the rent for said premises as hereinabove provided: to keep the Improvements upon said premises, including all sewer connections,
plumbing, wiring, and glass, in good repair at the expense of said 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; to sublet no part of said premises, nor assign this Lease or any interest herein, without the written consent of the lessor first
N la being obtained:to use said premt=purpose purpose prohibited by the laws of the United States,or the State of Colorado. or the ordinances of the
to U said City or Town of feS',l.�Y and for no improper or questionable purpose whatsoever: to keep
the sidewalks in front of and around said ya free from
{a
from ice and snow• and said sidewalks and premises free from all litter, dirt,
z debris and obstructions; to keep said premises clean and in the sanitary condition required by the ordinance and the health and police
M H regulations of the said City or Town of la 1 Y ; 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; to
to Cti 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
U) of the negligence or default of the owners or occupants thereof or any other person, nor liable for any injury or damage occasioned by
defective electric wiring,or the breaking or stoppage of plumbing or sewerage upon said premises or upon adjacent premises, whether said break.
N ing or stoppage results from freezing or otherwise; to neither permit nor suffer said premises, or the walls or floors thereof, to be endangered
.--I by overloading, nor said premises to be used for any purpose which would render the insurance thereon void or the insurance risk more
r N hazardous, nor make any alterations or change in, upon, or about said premises without first obtaining written consent therefor; to permit
air raj the lessor to place a "For Rent" card upon said premises at any time after thirty days before the end of this Lease; to allow said
ri lessor at any reasonable hour of the day to enter into or upon and go through and view said ➢remises; to occupy the same as
o Z _ lfs l seryult -and rest uaat_iyF _itlsines.$
N It is agreed that all assessments for water rents that may be levied against said premises during the continuance of this Lease shall
be paid by the said less-ar_and that all charges for heating lighting the said premises shall be paid by the said lessee as the
same become due and payable and that in cage sates piemoS s snail oec6me untenantable on account of damage by fire, flood or act of
W God, this Lease may be thereupon terminated by the said lessee ;
It is further agreed that no assent, expressed or implied, to any breach of any one or more of the covenants or agreements hereof shall
(Yi be deemed or taken to be a waiver of any succeeding or other breach.
It is mutually agreed 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 is. to such possession then such lessee shall be regarded as a tenant from month to
,-i month at a monthly rental, payable in advance, equivalent to the last monthly installment hereunder, and subject to all the terms and
provisions of this Lease.
0 SD 0 It is further mutually agreed that in ease said premises ate left vacant and any part of the rent therein reserved he unpaid, then .
HI the lessor may, without in anywise being obliged so to do, 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
P7 Gxl be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and said 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 aforesaid, 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
said lessee it shall and may be lawful for the said lessor----..to declare said term ended, and enter into the said premises, or
any pan thereof, either with or without process of law, to re-enter. and the said lessee or any person or persons occupying the
same, to expel, remove, and put out, using such force as may be necessary in so doing. without being liable to prosecution or in damages
therefor. and the said premises again to repossess and enjoy. as in the first and former estate of the said lessor And if at any
time said tern, shall be ended as aforesaid or in any other way, the said lessee hereby covenanS and sgree_$____to surrender
and deliver up said premises peaceably to said lessor immediately upon the termination of said term• and if the lessee____ahall
remain in possession of the same after the termination thereof, said 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.
And 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 the 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 hereunto set their hands an a th day s year first
a e written.
RIDER ATTACHED IS PARS OF � / -— `�a - --ts
THIS TEASE:, Robert M. Gilbert, Lessor AL, (SEAL)
Ia —(SEAL)
Winona's Sub Sho , Inc.
By: Winona Lorance, President, Lessee
RIDER AND ADDENDUM TO LEASE
BETWEEN ROBERT M. GILBERT AND WINONA' S SUB SHOP, INC .
DATED JANUARY 1, 1984 FOR RESTAURANT SPACE AT
930 NINTH AVENUE, GREELEY, COLORADO
1. At the end of the primary term, January 1, 1989 , Lessee has the
option to renew this lease for an additional five years on terms
and conditions to be then mutually agreed upon.
2 . Property taxes , including ad valorem and special improvement and
VD o any other taxes assessed against said premises , for the year
o 1978 payable in 1979 shall be considered the base year taxes .
o Lessee agrees to reimburse Lessor for any increase in such taxes
in excess of the base year upon presentment of notice therefor.
The taxes for the year 1983 , due and payable in 1984 , shall be
W the first year to apply the calculation.
ow 3 . Cost of Living Increase : Beginning at the end of the first year
'h w of this lease and continuing each year thereafter, Lessee agrees
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to pay as additional rent the percentage increase that corresponds
o with the cost of living increase for Weld County, State of
ciz Colorado, as published by the U.S . Government Publishing Office .
o The percentage of increase is the increase of cost of living
r index beginning with the year 1983 as the base year. Any percentage
w increase above the base year will be additional rent payable to
Lessor.
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Forth AC-0I-73 (la (
LEASE AGREEMENT Jq rp3 -3
THIS LEASE AGREEMENT made this 6th day of December 19 82 , by and
between Robert M. Gilbert , whose address or principal place
ofbusinesals Room 209, First National Bank Bldg-,,a Greeley. C080631
and for his heirs, executors, administrators, successors, and assigns, hereinafter called the Lessor, and
THE STATE OF COLORADO, acting by and through:
The Colorado State Public Defender
hereinafter called the Lessee.
WHEREAS. authority exists in the Law and Funds lave been budµeted, appropriated and otherwise made
nvnilsblc and a sufficient uacncumbend balance Ihercnf MOWS available roe payment in Fetid Number_.__.__,
G/L Account Number . Continuo Encumbrance Number______: and
WITNESSETH: The parties hereto, for the considerations hereinafter mentioned, covenant and agree as
follows:
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etO 1. Lessor hereby leases and demises unto Lessee the'premises known and described as follows:
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O w 936 9th Avenue, Greeley, Colorado
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w containing Three Thousand Five Hundred square feet ( 3,500_ )square feet
a0 of net usable floor area; the leased premises being as shown on the plat hereto attached and made a part hereof,
U marked "Exhibit A".
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o TO HAVE ANDi O HOLD the same, together with all appurtenances, unto Lessee, for the term beginning
February 1 _ , 19 83 -, and ending - -- - —January_31 , 19_-86 ,
at and for a rental for the full term at an annual rental of Nine Thousand and 011/100----
Dollars ($.91000.00) computed at the rate of
an a Two Dollars and 57/100
m U -- Dollars ($2 r 5Z._) per square foot, payable
in monthly installments of Seven Hundred Fifty and _Q0/100 Dollars
Z
($750 .00 ), to be used and occupied as office space.
in F Payment shall be made on the first of each month during the term hereof, at the
o to office of Lessor, (see ahQY_e)_-___ , or at such place as Lessor from time to time designates in writing.
2. Lessor shall provide to Lessee during the occupancy of said premises, as a part of the rental
d' k4 consideration, the following:
'-' z All standard utilities except electricity and telephone;
N 4 Lessee will furnish janitorial services.
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3. Prior to the premises being occupied by lessee, Lessor agrees to:
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c Install air conditioning prior to May 1983 .
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4. Lessor shall, unless herein specified to the contrary, maintain the said premises in good repair and in
tenantable condition during the term of this lease, except in the event of damage arising from an act or the
negligence of Lessee, its agents or employees. Lessor shall have the right to enter the premises at reasonable
times for the purpose of making necessary inspections and repairs or maintenance.
S. Lessor warrants and represents himself to be the owner of, or the authorized representative or agent of
the owner of, the leased premises In the form and manner as stated herein; and during the term of this lease
Agreement covenants and agrees to warrant and defend Lessee in the quiet, peaceable enjoyment and
possession of the leased premises. In the event of any dispute regarding Lessor's ownership lessor shall
immediately, upon request from and at no cost to Lessee, furnish proof thereof by delivering to lessee an
"Ownership and Encumbrance Letter" issued by a properly qualified title insurance company.
6. Lessee shall not assign this lease and shall not sublet the demised premises, except to a desirable tenant
for a similar use and purpose, and will not permit the use of said premises to any one, other than Lessee, its
agents or employees, without the prior written consent of Lessor.
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained
in any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
i 1
Form AC-0I-7S Revised 2�.r
8. EMINENT DOMAIN,TERMINATION OF LEASE. If the leased premises shall be taken by right on
eminent domain, in whole or in part, for public purposes, then this lease, at the option of either party, shall
forthwith cease and terminate and the current rent shall be properly apportioned to the date of such taking;and
in such event the entire damages which may be awarded for such taking shall be apportioned between Lessor and
Lessee, as their interests appear.
9. In the event the leased premises are rendered untenantable or unfit for lessee's purposes by fire or other
casualty this lease will immediately terminate and no rent shall accrue to Lessor from the date of such fire or
o casualty. In the event the leased premises are damaged by fire or other casualty sothatthereis partial destruction
U of such premises or such damage as to render the leased premises partially untenantable or partially unfit for
Lessee's purposes,either party may,within five(5)days of such occurrence,terminate this lease by giving written
`nr oU notice to the other party. Such termination shall be effective not less than fifteen (IS)days from the date of
mailing of the notice. Rent shall be apportioned to the effective date of termination.
a
0 El W. This Lease Agreement shall be binding upon and inure to the benefit of the partners,heirs,executors,
o• administrators, successors and assigns of the respective parties hereto.
H. Financial obligations of the state of Colorado payable after current fiscal year are contingent on funds
for that purpose being appropriated, budgeted and otherwise made available.
rn a 12. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest
whatsoever in the service or property described herein.
13. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt
Influences)and 18-8-401, et seq., (Abuse of Public Office). C.R.S. 1973,as amended,and that no violation of
a
co U such provisions is present.
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14. This contract shall not be deemed valid until it shall have been approved by the State Controller or such
to H assistant as he may designate.
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W IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first above written.
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Title
Social Security Number or Employer II)
APPROVED: LESSEE:
DELI O ADM ISTRA ON STATE OF COLORADO.
Acting by and through
By f Department of Judiciary
eJ Director
0't_State auildings Division v• -
)Du4 GfCOMF-D, ATTORNEY GENERAL By COLORADO STATE PUBLIC DEFENDER
STATE OF COLORADO
By VERIFIED INFORMATION COPY
The original hv and two les of this
DIVISION OF ACCOUNTS AND CONTROL
contract have teen signed by all
By State officials required by law to
State Controller approve contracts.
B 1071 REC 02011471 05/30/85 11 . J3 $0. 00 14/016
F 0621 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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August a , 1984
Mr. Robert M. Gilbert
209 First National Bank Building
Greeley, Colorado 80631
Dear Mr. Gilbert :
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o With reference to that certain lease dated August 27 , 1982
o covering property located at 924-1/2 9th Avenue, Greeley , Weld
County, Colorado, this is to advise you that I wish to renew the
a lease pursuant to renewal terms thereof for an additional five
o w (5) year period at a rental of $300. 00 per month for the first year
o and a rental of not more than $300 . 00 per month thereafter. The
o a difference in the $250 . 00 per month specified in the renewal and
`i> o the $300 . 00 stated is to cover additional gas used since I have
not installed my own meter and hot water heater.
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M a Check in the amount of $600. 00 covering the first and last
months ' rent is tendered herewith.
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Very truly yours ,
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August 31, 1984
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This will acknowledge the foregoing renewal of your option under
the lease described and my acceptance thereof.
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• CNVery truly yours ,
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Ro ert M. Gilbert
121-BUSINESS LEASE - The Schell Sludlos,Greeley,Colorado
( BUSINESS LEASE
THIS LEASE, Made and entered into this 27th day nt August A. D. 1982 , between
ROBERT M:, GILBERT
hereinafter called the
Landlord and YU KWAN LEE hereinafter called the Tenant. '
-
Wherever the words "landlord" and "Tenant" are used in this indenture, they shall include Landlords and Tenants and shall apply
-to persons, both men and women, companies, co-partnerships and corporations, and in reading said indenture the necessary grammatical
changes required to make the provisions hereof mean and apply as aforesaid, shall be made in the same manner as if written into
said indenture.
a) O WITNISSEFH, That, in consideration of the payment of the rent hereinafter provided and the keeping and performance of each of
U
a the covenants and agreements of the said Tenant hereinafter set forth, said landlord has and does hereby lease unto the said Tenant
a 1/4O 0 the following described premises situate in the City of Greeley County of WP"1 d
v in the state of Colorado. to-wit: . premises located at 924-1/2 9th Avenue, Greeley,
ca Colorado
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TO HAVE AND TO HOLD the same with all appurtenances unto the said Tenant from twelve o'clock noon on the 1 St
Or a
tn• w day of September 2
A. D, 19 82' for, during and until twelve o'clock noon the 1st
day o September A. D. 18 4
aat and for a rental for the full term aforesaid of
o
o Four Thousand Eight Hundred and No/100 dollars payable In
en a monthly installments rf Two Hundred and No/10 0--dollars per month in advance, on or before
O
•• 'b twelve o'clock on the_ 1St day of each calendar month during said term, at the office of Land] nrrl , 2119
,- x First National Bank Building Greeley , Colorado, without notice.
z first and last months ' rent is here%y receipted for.
w This lease is subject to the condition, however, that the tenant shall and will cause to be paid promptly albaimiqugigrksongerx
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co U St t 4r nalicnFpY,X3'.3G7x,liJlaYeXe'eag?6ViileXaSefi? rWYrixtJiut%e Y 1 i ghti ng; air rnncli ti nn ng,
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and gas used for hot water and cooking and to install his own meter and
en w hot water heater. Landlord will pay for heat , water and sewer charges .
to E
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w FOR AND IN CONSIDERATION of the leasing of said premises as aforesaid, the said Tenant does covenant and agree as follows,
r-I P to-wit:
t` w To pay the rentfor saidpremises hereinabove provided when due and as promptly
V• W payable;%Thl3)Xi (Hd6}GHb'h}6t3k6MdtXdGHn�
,--I tcId?tz G CC8gid1 rtCti$811; to keep all the improvements upon said premises, including all sewer connections, plumbing, heating
I—Iz
O 'Z, appliances, wiring and glass, in good order and repair at the expense of said,Tenant, to order no repairs at the expense of the Land-
N y' lord; and, at the expiration of this lease, to surrender and deliver up said premises, including all heating appliances, plumbing, sewer
O • connections, wiring and glass, in as good order and condition as whet the same were entered upon, loss by fire excepted; to sublet
o p; no part of said premises, nor assign this lease or any interest herein, without the written consent of the Landlord first being obtained;
w X to use said premises for no purpose prohibited by the laws of the United Slates, the State of Colorado, or the ordinances of the City of
a
Greeley County of Weld now in force or hereafter enacted, and for no improper
en restaurant
N N or questionable purpose whatsoever; to occupy the same as n ;
O tD keep the sidewalks in front of and wound said premises free from ice and snow,and said sidewalks and premises free from all litter, dirt,
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debris, and obstructions; to keep said premises clean and in the sanitary condition required by the ordinances and the health, sanitary
fig fr.: Greeley Weld
and police regulations of the City of County of • 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; to neither hold nor attempt to hold the Landlord liable for any injury or damage either proximate
or remote occurring through or caused by any repairs, alterations, injury or accident to above demised premises, 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 defective electric wiring, or the breaking or stoppage of the plumb-
ing or sewerage upon said premises or upon adjacent premises, whether said breaking or stoppage results from freezing or otherwise;
to neither permit nor sutler said premises, or the walls or floors thereof to be endangered by over-loading 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 alteration or change in,
upon or about said premises without first obtaining written consent therefor; to place no signs on exterior of demised premises without
first securing written consent therefor; to permit the Landlord to place a "For Rent" card upon said premises at any lime thirty days be-
fore the end of this lease; that, in case said premises shall become untenantable by reason of fire, the rent shall cease while the same
are being repaired, but that nothing herein contained shall be construed so as to compel the Landlord to rebuild or repair said premises
in case of destruction unless__ he so desire_,S_; that no assent, expressed or implied to any breach of any one
or more of the covenants and agreements hereof, shall be deemed or taken to be a waiver of any euceeding or other breach; to permit
the said Landlord, at any reasonable hour of the day, to enter into or upon and go through and view said premises; to surrender and
deliver up the possession of said premises promptly at the expiration of this lease,or.in case of the termination of this lease on account
of a breach in the keeping of any one or more of the covenants or agreements hereof, upon three days' notice_
a l have the nnti nn to rene this 1PaaP for an ariM ti moat. fi vP
years at a rental of $250 . 00 per month for the first year and a rental of
not more than $300 . 00 per month for the next four years . T
And the said Tenant further covenants and agrees that if the rent above reserved, or any part thereof, shall be in default, or in
case of a breach of any of the covenants or agreements herein, the said Landlord may declare this lease terminated, and after the expira-
tion of three days from the date of the service of a written notice to that effect, be entitled to the possession of said premises without
further notice or demand; and further, that in case the Landlord shall become entitled to the possession of said premises either by the
expiration of this lease or by any termination of said term as herein provided for, and the said Tenant shall refuse to surrender and
deliver up the possession of said premises, after the service of said notice as aforesaid, then and in that event the said Landlord may,
without further notice or demand, enter into and upon said premises, or any part thereof, and take po ion thereof and repossess the
same as of the Landlord's former estate, and expel, remove and put out of possession the Tenant, using such help, assistance and force
in so doing as may be needful and proper, without being liable for prosecution or damages therefor, and without prejudice to any
remedy allowed by law, available in such cases. •
The tenant hereby declares that in entering into this lease he or she relied solely upon the statements contained in this lease and
fully understands that no agent or representative of the Landlord has authority to in any manner change,add to or detract from the terms
of this lease.
IT IS MUTUALLY AGREE), that if after the expiration of this lease the Tenant shall remain in possession of said premises and
continue to pay rent, without any express agreement as to such holding,then such holding over shall be deemed and taken to be a holding
upon a tenancy from month to month, and the party holding be regarded as a tenant from month to month at a monthly rental equivalent
to the monthly Installments hereinabove provided for, payable in advance on the same day of each calendar month.
FURTHER, that all the covenants and agreements in this lease contained shall be binding upon and apply to the heirs, assigns and
legal representatives of said Landlord and said Tenant or any person claiming by. through or under either of them or their agents or
attorneys.
IN WITNESS WHEREOF, the parties hereto have hereunto set their h ea e d ye inst ove written.
mar / (SEAL)
�2b er i e an or
(. (SEAL)
\ 'wan Lee. Tenant (SEAL)
B 1069 REC 02009786 05/15/85 15: 43 $3.00 1/001
R2D09786 F 1018 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO
IID111 all Sint tlitBt !presents, Thatl, .___.._.FRANCES D. GILBERT ,
whoeestnet address is. 1318 47th Avenue _.City or Town of Greeley
•
county cc_ Weld —and State of _.___. Colorado for the
consideration of______other good and valuable consideration and TEN
($10 . 00)
----Dollars,
in band pall,herby sel}+ and cooveyt(i)to -ROBERT- M. GILBERT
whosestreetaddrenis 1318 47th Avenue _-_.,City Or Town of. Greel.ev t
County of Weld and the State of Colorado *be
following real property lu the county of.._._.. Weld trod 8410 d Colo ndo,
to-wJt: .
The South 89 feet 5 inches of the North 140 feet of Lot Seventeen (17) ,
Block Sixty-four (64) , in the City of Greeley, Weld County, Colorado •^1 i ••
•
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may.._.
IF.�.
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with all its appurtenances and warranty,'" the title to the same, subject to the burdens and
benefits of Agreements recorded in Book 258 at Page 426 and in Book
18.11 at Page 165 , Weld County Records ; any and all leases and ss
tenancies ; and all other reservations, exceptions, easements and
restrictions existing or_of record; and 1985 taxes due and payable in
1986.
.04
Signed this 1 at- day of May . A.D.
In the Presence of � +'
Frances D. Gilbert
•
•
STATUTORY ACKNOWLEDGMENT - '
STATE OF COLORADO, j
County of Weld 1} p'
tt••,COB • j S The foregoing instruropnt was adtnowledged before n th'
al.
� filW cif ay
Frances D. Gilbert
n is
AZ: t• Witness mylund and seal.
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U 1 \C f My commission expire /911
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• Pttbik'•�. Notary t Mailing Address ter
Future Tax Noticss Hems Malign AMnn .•
FaaM 165 REV. 11.721 WARRANTY DEED—rrsnnws PORN roe nwro.wnw eeti+mm--mte a i.sawn es„sewn sane
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