HomeMy WebLinkAbout850636.tiff RESOLUTION
RE: APPROVE LEASE CONCERNING PROPERTY OWNED BY WELD COUNTY TO
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 property
located at 239 E. 4th Street, Ault, Colorado, and described as
Lots 1 through 11 , Block 2 , 1st Pence Subdivision to the Town of
Ault, Weld County, Colorado, to 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 to Highland Feeders , Inc. he, and hereby
is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized 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 .
�� BOARD OF COUNTY COMMISSIONERS
ATTEST: e l ;akt, L, ,A,, - "+ ',:dr✓ WELD COUNTY, COLORADO
Weld County Clerk and Recorder n�c �p
and Clerk to the Board J dine nson, Chairman
B ut ii a k' .P ee°�S a
BY: J Deputy t_x lI)nn ,
County C1 r gene n ner, Pro-Tem
APPRO D AS TO FORM
C. F7. K
)
County Attorney
Go
Frank Yamaguchi
U50u3t,
LEASE
THIS AGREEMENT made and entered into this 21st day of
October , 1985 , by and between BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO,
hereinafter referred to as "Lessor, " and HIGHLAND FEEDERS, INC. ,
hereinafter referred to as the "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 building located
at 239 East 4th Street, Ault, Colorado, and described as Lots 1
through 11 , Block 2 , 1st Pence Subdivision to the Town of Ault,
Weld County, Colorado.
SECTION I. TERM Q-
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1 . TERM - The term of this Lease shall be from the date -L
,,sa-Heve- wr-ittcn to Oc_4_.., er ( , 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:
County of Weld, State of Colorado, 915 Tenth Street, Greeley,
Colorado 80631 .
SECTION III. ACCESS TO BUILDING
Lessor shall have access to the building for the purpose of
running the electric pumps for fuel.
SECTION IV. USE OF PREMISES
Lessee agrees to use the premises for the sole purpose of
storing and selling feeds and seeds and Lessee further agrees that
Page 1 of 3 Pages
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 V. UTILITIES
Lessee shall furnish, at his own expense, water, electricity,
heat, and all other utilities used by it on the premises.
SECTION VI. 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 VII. 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 VIII. 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 IX. 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.
Page 2 of 3 Pages
SECTION X. 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 XI. DEFAULT
Should Lessee fail, refuse, or neglect to pay any rent as
herein provided or should Lessee breach any of the terms and
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 .
LESSEE:
ATTEST: HIGHLAND FEEDERS, INC.
By: -17 d. S BY:T zr/rge//.11el4
Secretary' President
; LESSOR:
ATTEST: Q Alibo.to, BOARD OF COUNTY COMMISSIONERS
f WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to then Board
Cl
BY: 1�/iyt�, n') ere L B \ 01 4 . , a
Deputy County C er Jacque ne J.' n_on, Chairman
Page 3 of 3 Pages
vetii, fl'IEfllORRflDUITl
Wale
Board of County ^-
To Commissioners Date October 17 , 1985
COLORADO From Bruce T. Barker, Assistant County_ Attorney
Subject. Leases With Highland Feeders , Inc. , For
Various Properties in Ault, Colorado _______
Two leases with Highland Feeders , Inc. , need to be considered by
the Board. Weld County owns one building and Highland Feeders
owns another building in Ault, Colorado. Highland Feeders has
been leasing and using the building owned by Weld County. Weld
County now wishes to lease the building owned by Highland Feeders.
In addition, the lease of the building owned by Weld County to
Highland Feeders must be extended. As a result, two leases have
been formulated with nearly identical terms . Both buildings will
be leased for a sum of $4,000 annually. The Board must act on
both leases and authorize the Chairman' s signature on both if they
are approved.
----- , -----
Bruce T. Barker
BTB:rm
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