HomeMy WebLinkAbout850547.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND
THE WELD LIBRARY DISTRICT BOARD OF TRUSTEES 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
between Weld County, Colorado, and the Weld Library District Board
of Trustees, for the building located at 2227 23rd Avenue,
Greeley, Colorado 80631 , and
WHEREAS, the term of said Lease Agreement is from January 1 ,
1986 , through December 31 , 1991 , with the further terms and
conditions being as stated in the Lease Agreement, a copy of which
is attached hereto and incorporated herein by reference, and
WHEREAS, after 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 Agreement
between Weld County, Colorado, and the Weld Library District Board
of Trustees 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.
850547
OR0 IS1
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Page 2
RE: LEASE AGREEMENT - LIBRARY BOARD OF TRUSTEES
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 23rd day of
December, A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: 'j.' U,0,, '' 2 a, v, WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board J.:cqu ine Jo nson, Chairman
EXCUSED
BY: 7230444_, /tGene R. Brantner, Pro-Tem
Deputy,'�ourk
/ cc
APPROVED AS TO FORM: C.W. K1rISy
EXCUSED
Gordon E. Lacy
County Attor e 2� �� ,e7l
Fra Yamagu
LEASE AGREEMENT
OVA d
Ylk r 9 As , by andbetwe n
LEASE AGREEMENT, mnt d this THE BOARD of
Tea3 OF
COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, hereinafter
referred to as "Landlord, " and THE WELD LIBRARY DISTRICT BOARD OF
TRUSTEES, hereinafter referred to as "Tenant. " The parties agree
as follows:
WITNESSETH:
In consideration of the covenants and agreements hereinafter
set forth, the Landlord hereby leases to the Tenant the following
described real estate, to-wit:
The building located at 2227 23rd Avenue,
Greeley, Colorado 80631 .
Section I - Term.
The term of this Lease Agreement shall commence on the first
day of January, 1986 , and shall continue for a period of five
years whereupon on the thirty-first day of December, 1991 , it
shall automatically terminate by its own terms unless, at least
one hundred eighty (180) days prior to the expiration date and in
accordance with Section VI , the Landlord and Tenant agree, in
writing, to extend the term of such Lease Agreement.
Section II - Rental.
The rent to be paid by the Tenant to the Landlord for the
above-described premises shall be at the rate of ONE DOLLAR
($1 .00) per year, payable on the first day of each year this Lease
Agreement is in effect.
Section III - Maintenance of Premises.
A. Tenant' s Responsibilities. Tenant shall, at its sole
expenses, keep and maintain the leased premises and appurtenances
in good and sanitary condition and repair during the term of this
Lease. In particular, Tenant shall keep the fixtures in the
building or on or about the leased premises in good order and
Page 1 of 6 Pages
repair including, but not limited to, the lawn, landscaping, and
parking area; keep the furnace clean; keep the entire premises
free from dirt and debris; keep the walks free from dirt, debris,
or snow and ice at its sole expense; and, at its sole expenses ,
shall make all required repairs on items considered to be of
normal wear and tear; further, Tenant, at its sole expense, shall
make all required repairs to plumbing, furnace, fixtures, roof,
building, or any other portion of the premises.
B. Landlord' s Responsibilities. Notwithstanding any other
provision in this Agreement to the contrary, Landlord shall be
responsible for any damages to the premises and appurtenances only
for those which have resulted from Landlord' s gross , willful, or
wanton negligence or intentional acts or that of its employees,
agents, servants or officers.
C. Right to Enter. If Landlord acquires knowledge that the
demised premises are not kept in good repair and in a clean,
sightly, and healthful condition by Tenant as provided in this
Lease, Landlord shall give notice to Tenant of the particular
deficiencies in accordance with the provisions of Section VI of
this Lease. If the Tenant fails to cure or provide documentation
of the methods to be used to cure the deficiencies within thirty
(30) days, Landlord, as an alternative to considering the Tenant
to be in default, may enter or cause its agents, servants, or
employees to enter the premises without such entrance causing or
constituting a termination of this Lease or an interference with
Tenant' s possession of the same premises, and Landlord may then
place the premises in the same condition of repair, sightliness,
healthfulness, and cleanliness as existed at the date of execution
of this Lease, and Tenant shall pay the Landlord, in addition to
the rent hereby reserved, Landlord' s expenses in repairing the
premises. The thirty-day notice provision need not be complied
with prior to Landlord' s entry if there are conditions existing on
the premises which constitute an immediate threat to the health
and safety of the public and the users of the premises.
D. Current Repairs. Both parties agree that drainage near
the building and the roof are currently in need of repair.
Landlord agrees to pay for the cost in excess of Tenant' s
responsibility for the first $100 ,000 .00 of said repairs if
performed within the first year of this Lease or in subsequent
years if the delay is as a result of circumstances beyond the
control of the Tenant. Circumstances beyond control of Tenant
shall include such things as acts of God, criminal acts of third
persons, war, labor stoppage or shortage of materials.
Page 2 of 6 Pages
E. General Duty. All repairs shall be done in a timely
manner by the responsible party.
Section IV - Use of Premises.
Tenant agrees that the demised premises shall be used and
occupied only as a public library and library service and support
facility.
Section V - Alterations.
Tenant shall not have the right to make any alterations to
the premises without the prior written approval of the Landlord,
which approval shall not be unreasonably withheld.
Section VI - Notices.
All notices required to be given to Landlord hereunder shall
be in writing and sent by certified, return receipt requested,
mail to: Board of County Commissioners of Weld County, Colorado,
915 Tenth Street, Greeley, Colorado 80631 . All notices required
to be given to Tenant hereunder shall be in writing and sent by
certified, return receipt requested, mail, addressed to: Weld
Library District Board of Trustees, 2227 23rd Avenue, Greeley,
Colorado 80631 , provided that the parties, or either of them, may
designate, in writing, from time to time, subsequent or
supplementary persons or addresses in connection with said
notices. The effective date of service of any such notice shall
be the date such notice is received by Tenant or Landlord. The
effective date of service of any such notice shall be the date
such notice is received by Tenant or Landlord. Service of notice
may also be accomplished in a manner consistent with Colorado
Rules of Civil Procedure provisions on personal notice.
Section VII - Insurance.
During the term of this Lease, Tenant shall obtain fire and
casualty insurance on the contents of the property and Tenant
shall require that Landlord be named as an additional insured.
Page 3 of 6 Pages
Section VIII - Non-Liability.
A. Contents. Because Tenants are responsible to insure
contents of the premises, Landlord shall not be liable for the
loss or any damage to any property of Tenant or Tenant' s officers,
employees, clients, guests, or invitees at any time located in the
leased premises, or on or in the lands and buildings constituting
the same whether due to theft or suffered by reason of fire,
water, rain, hail, lightning, explosion, or any other cause.
Tenant covenants and agrees that it will indemnify and save
harmless Landlord from all demands, claims, costs, causes of
action, or judgments, and from all expenses that may be incurred
in investigating or resisting the same arising from any of the
above-described losses except where those claims arise out of the
gross willful and wanton negligence or intentional acts of the
Landlord or its employees, agents, servants and officers.
B. Personal Injury. Further, Landlord shall not be liable
to any injury to Tenant or any person from any cause relating to
the Tenant' s use of the leased premises except those injuries
caused by the acts or omissions of the employees, agents , servants
and officers of the Landlord , whether acting by contract with the
Tenant or otherwise, which shall be the sole responsibility of the
Landlord. Tenants covenant and agree that they will indemnify and
save harmless Landlord from all demands , claims, costs, causes of
action, or judgments and from all expenses that may be incurred in
investigating or resisting the same arising from or growing out of
any injuries described herein and which were not as a result of
the acts or omissions of the employees, agents, servants, and
officers of the Landlord.
Section IX - Utilities.
All utilities including, but not limited to, electricity,
gas, and water shall be paid for by Tenant.
Section X - Signs.
Tenant shall not erect, paint, or maintain any signs
whatsoever upon the premises without first securing the written
consent of Landlord which shall not be unreasonably withheld.
Section XI - Right of Inspection.
Page 4 of 6 Pages
Landlord reserves and retains for its officers, employees,
and authorized representatives the full and unrestricted right to
enter the premises for the purpose of inspecting or protecting
such premises and of doing any and all things which Landlord may
deem necessary for the proper general conduct and operation of
County government and in the exercise of Landlord' s police power.
Except under emergency, Landlord shall exercise this right only
during normal working hours of Tenant and done in such a manner as
to not interfere with Tenant' s operations.
Section XII - Waivers.
No waiver or default by Landlord of any of the terms,
covenants, or conditions hereof to be performed, kept and observed
by Tenant shall be construed as, or operate as, a waiver by
Landlord of any subsequent default of any of the terms , covenants,
or conditions herein contained to be performed, kept, and observed
by Tenant.
Section XIII - Default.
If the Tenant fails, refuses, or neglects to follow any of
the terms and conditions of this Lease Agreement, Landlord shall
become entitled to repossess the premises upon giving Tenant
detailed notice of such breach of this Agreement in accordance
with Section VI herein at least sixty (60) days in advance. The
Tenant shall be entitled to use the sixty-day period following the
service of such notice to cure such defects. Following the end of
the sixty-day period following the service of such notice,
Landlord shall give an additional ten-day notice of intent to
repossess the premises if such breach has not been remedied and
Tenant has refused to vacate the premises. In those
circumstances, Landlord may use such remedy as it may deem fit
under the circumstances to repossess the same with or without due
process of law.
Section XIV - Amortization
If this Lease shall fail to be renewed after the first
five-year term, Tenant shall be entitled to partial reimbursement
for repairs or improvements made to the premises at Tenant' s
expense. Tenant shall not be entitled to such reimbursement for
the repairs described in Section III.D. nor for any minor repairs
or alterations, those being the alterations costing less than
$5 ,000 .00 . Reimbursement would be based upon the five-year life
of any eligible repair or alteration.
Page 5 of 6 Pages
IN WITNESS WHEREOF, the parties hereto have caused this Lease
Agreement to be executed as of the day and year first written
above.
-/- LANDLORD:
ATTEST: A,,,,
�((ff� ,�'2�Ad/ BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and
Clerk to the Board By:
ha rma
BY: /,b/'i A 111
Deputy/County erk
TENANT:
ATTE T �J BOARD OF TRUSTEES
WELD LIBRARY DISTRICT
• , „on__
By\s, By:
Page 6 of 6 Pages
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