HomeMy WebLinkAbout850916.tiff r'1 r"'1
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'10 To .lark;a Johnson, Chairman Date September 13. 1985 N
Board of County Commissioners ' j0
COLORADO From Walter J. Sparkman, Executive Director. Human Resources J
suibiect: 2 Lease Agreements for Head Start
Enclosed for Board approval are two lease agreements for the Head Start
Program.
The first agreement is for the south county Head Start Center. Head
Start is agreeing to pay $430.00 per month for 1,000 square feet of
space located at 478 1st Street, Firestone, Colorado. The term of the
lease is from September 12, 1985, through May 31, 1986.
The second agreement is for the north county Head Start Center, Head
Start is agreeing to pay $325.00 per month for 450 square feet of space
located in the basement of the Pierce United Methodist Church. The agree-
ment is for the time period of September 16, 1985, through May 31, 1986.
This is an on-going agreement.
If you have any questions regarding the two lease agreements, please contact
me immediately.
/J 850916
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LEASE AGREEMENT
THIS LEASE: AGREEMENT, made and entered into this 16th day of September,
1985, by and between the Pierce United Methodist Church, hereinafter
referred to as the "Lessor" and the Weld County Division of Human
Resources ' Head Start Program, hereinafter referred to as "Lessee".
WITNESSETH:
WHEREAS, the Lessor owns the building known as Pierce United
Methodist Church located in Pierce, Colorado, and
WHEREAS, the Lessor desires to lease a certain portion (450 square
feet) of said building, and
WHEREAS, the Lessee desires to lease the above mentioned building
for use in the Head Start Program, and
NOW THEREFORE, in consideration of the mutual covenants contained
herein, the parties hereto agree as follows:
1. The Lessee shall have access to the area described
above and agreed to by the Lessor, between the hours
of 8:00 a.m. and 4:00 p.m. , Monday through Friday.
2. The Lessee agrees to request permission for use of
the building for any additional time, including night
meetings, at least one (1) week in advance.
3. The Lessor agrees to notify the Lessee at least one
(1) week in advance when the Lessee will need to make
alternative arrangements for classes, during normal
classroom hours.
4. The Lessor shall retain the damage deposit of $100.00
paid during the 1979-1980 school year, for use during
this Agreement as the damage deposit. Upon termination
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of the lease or vacancy of the Lessee, the Lessor agrees
to return any or all of the damage deposit to the Lessee
within 30 days.
5. Rent for said building shall be in the amount of $325.00
per month, due the 1st of every month.
6. The Lessee agrees to provide for the cost of installation
and payment of all telephone costs and service.
7. The Lessor shall provide for all trash removal service.
8. Lessee agrees to keep said building in as good repair
as found when occupied the building. The Lessee agrees
to pay for all damage caused by the Lessee not considered
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to be ordinary wear and tear
9. The Lessee shall be responsible for the maintenance of the
building. The Lessor shall be responsible for all repairs
necessary to the exterior of the building and any repairs
to sewers , heating units, appliances , wiring, plumbing
facilities, doors , windows , door locks, etc. , unless caused
by negligence on the part of the Lessee.
10. The term of the Agreement shall be from September 16, 1985
through May 31, 1986.
11. The Lessee agrees to maintain liability insurance.
12. This Agreement may be amended or terminated upon thirty (30)
days written notice to either party. This Agreement will be
terminated immediately upon the loss of funding to the Program.
IN WITNESS WHEREOF, the parties hereunto have caused this agreement to
be duly executed as of the day and year first hereinabove set forth.
LESSEE: LESSOR:
WELD COUNTY COMMISSIONERS PIERCE UNITED METHODIST CHURCH
.Gene _B.rintner' C a1 rmanpro fern -ecm-wt--1/.9t_ , /
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WELD COUNTY DIVISION OF ��D
HUMAN RESOURCES
V _
1 ter . Speckman,
Execu ive Director {_
ATTEST:%7116L t L� ,,,,,A Akeiw :t
fl
Weld County Clerk and Recorder
and Clerk to the Board
By /r c�
Dep ty County er<
LEASE
THIS LEASE: is made this 9th day of September , 19 85 , by and
between Michael D. Samuelson and Ted Fuller , hereinafter
referred to as Lessor, and Weld County , hereinafter
referred to as Lessee.
WITNESSET H:
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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: .478 1st Street) Firestone, Colorado - 1,000 square
feet adjacent tothe .Post Office
1. TERM:
The term of this lease shall commence on the 12th day of September
19 85, and shall continue for 81 months ending on
the 31st day of May , 1986 , unless sooner terminated in accordance
with the provisions hereof.
2. RENTAL:
The basic rental for the premises shall be at the rate of
$5,160.00 annually, payable in equal monthly installments, each due
and payable to Lessor on the first day of each and every month of the term
hereof in advance. $272.34 will be due on Sept. 12 , 1985 and will be the
rent for the balance of the month of Septembeil'hereafter rent shall be
$430.00 _ per month until the end of May, 1986 Annual rent shall
be adjusted from N/A to reflect annual increase in Denver area
Metro Wholesale Cost of Living Index or N/A per year whichever is less.
Provided, however, that annual rent shall never decrease below prior year's
rent. If the rental payments are not received within ]40day f the due date,
then $50.00 _ will be added onto that monthly rate.
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SECURITY DEPOSIT: Initialed
In addition to the foregoing rent, the Lessee shall pay to the Lessor,
upon the signing of this lease, the sum of $ 430.00 as a security
deposit and may not' be used in lieu of rent. The security deposit shall be
retained to cover any damages to the premises otherthan normal wear and tear,
with the balance to be re:urned to the Lessee within sixty days in accordance
with Colorado law provided the leasee has not violated any provision of this
lease. The term "normal wear and tear" means that deterioration which occurs,
based upon the use for which the rental unit is intended, without negligence,
carelessness, accidents, or abuse of the premises or equipment or chattels
by the Lessee or others.
All rental payments and other payments required ande r thi lease shall
be paid to Lessor at 1001 Delaware Avenue, Unit C, Longmont, colorasdo 80501
, or at such other place as may be -
requested by Lessor in writing.
3. POSSESSION AND CONDITION AT BEGINNING OF TERM:
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Lessor shall use due diligence to give possession as nearly as possible
at the beginning of the term of this Lease, and rent shall abate pro rate for
the period of any delay in so doing, which abatement shall be in full for Lessee's
damages therefrom. Lessee has inspected and knows the condition of the premises
and accepts the same in their present condition (subject to ordinary wear, tear,
and deterioration in the event the term commences after the date hereof and to
the rights of present or former occupant, if any, to take his removable property).
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4. USE OF PREMISES:
The demised premises are leased for the purpose of
Headstart Program for Children
and are not to be used for any other purpose without first having secured the
written consent of the Lessor.
S. PUBLIC REQUIREMENTS:
The Lessee shall comply with all laws, ordinances, governmental orders,
and other public requirements now and hereafter affecting the occupancy of the
premises or the use thereof, including all recorded convenants and restrictions,
if any, and shall save and hold Lessor harmless from expense or damage resulting
from failure to do so.
6. ASSIGNING AND SUBLEASING:
Lessee shall not sublet the premises or any part thereof and shall
not assign, transfer, pledge, mortgage or otherwise encumber this Lease, or
any portion of the terms thereof, without the previous written consent in
each instance of Lessor, and Lessee shall furnish to Lessor copy of such
proposed instrument. In the event of any assignment or subletting. Lessee
shall remain the principal obligor to the Lessor under all covenants of this
Lease, and by accepting any assignment or subletting, an assignee or sublessee
shall become bound by and shall perform and shall become entitled to the
benefits of all of the terms, conditions, and covenanets by which the Lessee
hereunder is bound.
7. INSURANCE:
Lessor shall, throughout the term of this Lease, maintain fire
insurance and extended coverage on the premises. Subject to the provisions
of paragraph 13 hereof, all such insurance shall be for the sole benefit of
the Lessor and under its sole control.
Lessee shall comply with all insurance regulations so the lowest
insurance rates consistent with the use of the premises permitted by this
Lease may be obtained, and shall not permit anything on or about the leased
premises which would make void or voidable any insurance now or hereafter
on the premises. Lessee agrees to pay for any increase in insurance rate
over and beyond the rate of a "safe" user.
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8. MAINTENANCE
Lessor shall keep in repair (ordinary wear and tear excepted) the
roof, exterior walls (exclusive of inside surfaces and glass) .
Subject to the foregoing obligation of Lessor, Lessee agrees to take
good care of the premises and appurtenances thereto, and to keep them in
good repair, free from filth, overloading, danager of fire or any nuisance, and
to keep all mechanical systems in good working order. Lessee shall not
permit any waste of the premises. At the expiration or other termination
of this Lease, Lessee shall return the premises to Lessor in as good condition
as when received by Lessee, except only for usual wear and use. Lessee shall
also pay for his share of trash collection.
9. ALTERATIONS AND ADDITIONS:
Lessee shall have the right, at its sole expense, to make non—
structural additions, improvements, or modifications to the interior of the
building on the premises for the convenient conduct of its business. All
such changes shall be made in a good and workmanlike manner, and shall
become part of the premises; provided, however, that at Lessor's option, •
Lessor may require Lessee to restore the premises to their original condition
at the termination of this Lease. Lessee shall give Lessor prior written
notice of any alterations, additions, improvements, or modifications so made.
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i.c.�see s!�c� �. have tho right to install such machinery, equipment,
and business and trade fixtures as it deems necessary, and such items shall
remain the property of Lessee and shall be removed at the termination of this
Lease, the Lessee repairing any damage and/or reinburaing Lessor for any
expense it may !ncur occasioned by such removal. If not so removed within
fifteen (15) days from termination of lease, then if Lessor so elects any
such item nut so removed shall become the sole and exclusive property of the
Lessor.
10. LESSOR'S RIGHT' OS' ENTRY:
Lessor, or Lessor's Agent, may enter upon the premises at reasonable
hours to examine the same and to do anything required of Lessor hereunder or
which Lessor may deem necessary for the good of the ,premises; and during
the last ninety (90) days of this Lease may display -a sign offering the
premises for lease, which sign may be affixed in a conspicuous place on the
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front of the premises.
If parties of the first part decide to sell said property, party of
the second part agrees to allow parties of the first part to show to prospective
buyers. During any showings, parties of the first part will not disrupt or
interfere with party of the second part's operation.
Party of the second part will not change any keys for subject
property without delivering new keys to party of the first part.
11. UTILITIES:
Lessee shall contract in its own name, and pay for all charges for
water, sewer, gas, heat, electricity, fuel telephone, and other utilities
used in or serving the premises during the term of this Lease.
12. LIABILITY:
Lessee hereby releases and agrees to hold Lessor harmless from any
liability for any damage done or occasioned by or from any plumbing, wiring, gas,
water, equipment or other pipes or the bursting, leaking or running of any tank,
washstand, water closet, waste pipe or other articles, in, above, upon or about
the building or premises, or for damage occasioned from or by water, snow, or
ice being upon, above or about the premises unless caused by the intentional and
willful negligence of Lessor. Except as otherwise herein provided, Lessor
hereby agrees that Lessee shall not be liable for any loss or damage to the
premises resulting from a fire or other casualty. Lessee agrees to save and
hold Lessor harmless from any claim, damage, liability, or expense arising
from any injury (including death) to persons or damage to property occurrj_ng 'in,
on, or about the leased premises. Lessee shall maintain in effect throughout
the term of this Lease, general public liaibility insurance covering the
premises, and including the Lessor as an additional insured, with limits not
less than $500,000/1,000,000 for injury (including death) to person or persons,
and$100,000 for property damage. All merchandise and property in or about the
premises shall be at Lessee's risk and Lessee does hereby now and forever
release Lessor .from any claims for damage thereto or any of the same howsoever
caused.
13. DAMAGE BY CASUALTY:
• If, during the term hereof, the premises shall suffer damage by fire,
explosion, or any other casualty, to the extent that. the premises cannot
reasonably be repaired within ninety (90) days after data of such damage, or to
such an extent that under the existing laws, orders, ordinanacaa or other
public requirements the same cannot be repaired to substantially the same form
and with substantially the same materials as before such damage, then the term
hereby created shall terminate as of the date of such damage and rent shall
cease as of the date of such damage with proportionate refund of' any prepayment,
on condition Lessee forthwith surrenders the premises to Lessor. If this lease
is not so terminated, then Lessor shall repair the premises as soon as
practicable with due diligence, placing the same in as good condition as they
were lust before such damage, and rent shall abate pro rate and in proportion
to untenautabi'_ity of the premises from the time of such damage until
restoration of the premises by Lessor. It is further agreed that the period
for reconstruction shall be extended for such time during which strikes, riots,
civil commotion, governmental intervention, acts of Cod, or any other contingency
beyond Lessor' s centre: , shall delay the construction. In case of such damage,
whether this Lease is thereby terminated or not, Lessee shall remove all of the
rubbish and debris o Lessee's property within thirty (30) days after written
request by Lessor, and if this Lease is not thereby terminated, Lessee shall
not do anything to hinder or delay Lessor's work of repair, and will cooperate
with Lessor in such work. Lessor shall not be liable for inconvenience to
Lessee by making repairs to any part of the premises or building, nor for the
restoration of any improvements made by Lessee, nor for the restoration of any
property of Lessee.
If the premises shall be more than fifty per tent (50X) destroyed at.
a time when there is less than two (2) years remaining on the term of this
lease, then in such event this lease shall cease and come to an end at the
option of the Lessor.
14. DEFAULT
If there be default in payment of any rent or in any other of Lessee's
obligations hereunder, and if such default or condition shall continue after
ten (10) days' notice, in writing, from Lessor to Lessee to make good such
default or correct such condition, Lessor may at Lessor's option, at any time
thereafter while such default or condition continues, without further notice
or demand, declare this Lease terminated and enter upon and repossess the
premises free of this Lease; or Lessor may, at Lessor's option, enter upon
and repossess the premises as aforesaid or receive the keys thereto, Lessee
hereby acknowledging that the Lessor has received same as agent of the Lessee
and is authorized to relet the premises for the balance of the term of this
Lease, for a shorter or longer term, at such rental as Lessor deems fit, and
may receive the rents therefore, applying the same, first to the payment of
the expense of such resetting, including any repairs and changes required, and
second to the payment of rent due or to become due by this Lease, Lessee
remaining liable for and agreeing hereby to pay Lessor any deficiency. Provided,
however, if any such default be other than for non-payment of money and it
would take more than ten (10) days to cure the same, Lessor shall not .be
entitled to terminate this Lease or enter upon the premises for such default
if Lessee begins the cure of such default within said ten (10) days and
prosecutes the cure thereof with due diligence to completion. If any proceedings
under the present or any other Bankruptcy Act be instituted by or against Lessee,
or if a receiver or trustee be appointed for or ordered to dispose of Lessee's
business or property, or if Lessee makes any assignment or convenyance for
benefit of creditors, the same shall consitiute a breach of this Lease, and
Lessor shall forthwith on such breach be entitled to collect damages therefor
as provided by law and Lessor shall have the right of termination, entry and
repossession as above, in this paragraph /set forth.
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The Lessee agrees to pay all expenses, including court costs and
reasonable attorneys fees which may be incurred by the Lessor in enforcing
the covenants and agreements of this lease to be kept and performed by the
Lessee, and also any expenses, costs and reasonable attorneys fees which may
be incurred by the Lessor in defending againet or seeking to remove any lien
sought to be established against the Lessor's right, title or interest in and
to the premises by reason of any acts or omissions of Lessee. If the Lessor
advances payment for any such expenses, the Lessor shall have the right to recover
from the Lessee al :amounts so paid, together with interest thereon at the rate of
fifteen per cent - 15%.per annum from the respective dates of payment thereof
until recovered. , Also, any cinitnquent rental payments shall bear interest at
the rate of fifteen per cent - 15% per annum. '
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15. WAIVER
A waiver by Lessor of any default or breach hereunder shall not be
construed to be a continuing waiver of such default or breach, nor as a
waiver of permission, expressed or implied, of any other or subsequent
default or breach.
16. NOTICES:
Unless otherwise designated by like notice in writing by either
party to the other, notices required herein shall be sent by registered or
certified mail as follows:
TO LESSOR: Michael D. Samuelson and Ted Fuller
1001 Delaware Avenue, Unit C
Longmont, Colorado 80501
TO LESSEE: Weld County Division of Human Resources
Head Start Program
P.O. Box 1805
Greeley, Colorado 80632
Notices so mailed shall be deemed duly given upon mailing, postage prepaid,
addressed as above indicated.
17. CONDEMNATION:
If the premises or any part thereof or the parking area adjacent
thereto is condemned for a public or quasi-public use by right of eminent
domain, with or without litigation, or transferred by agreeement in connection
with such public or quasi-public use or if there is a substantial deprivation
of reasonable access to or from the premises, whether access is limited or
interfered with, or the street adjacent to the premises is permanently altered,
diverted, or rerouted (all of the foregoing events being referred to as
"taking") , the rights of the parties shall be governed by this paragraph.
If the entire premises are taken, this Lease shall terminate on the date title
shall vest in the condemnor, Lessee's obligation to pay rent shall continue
tosaid date, and Lessor shall refund to Lessee prepaid rental, if any, and
other sums paid hereunder for a period beyond said date. If less than the
entire premises are taken, but the nature of the taking is such that in Lessee's
reasonable judgment the premises will no longer be suitable for the conduct
of Lessee's business thereon, Lessee may terminate this Lease by so notifying
Lessor at least thirty (70) days before the termination date set forth in Lessee's
notice.
18. HOLDING OVER:
Any holding over after the expiration of the term of this Lease by
Lessee shall be deemed to be a tenancy from month to month and except for the
term thereof shall be on the same terms and conditions specified herein, so
far as are applicable.
19. SUCCESSORS:
All of the terms, covenants and conditions of this Lease shall
• apply and inure to the benefit of, and be binding upon the parties hereto, and
upon their respective successors in interest and legal representatives,
except as otherwise provided herein.
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20. QUIET POSSESSION: •
Lessor covenants with Lessee that said Lessee, on paying the
rent herein required to be paid and performing the covenants herein contained,
shall and may peaceably and quietly have, hold and enjoy the premises during
the term of this lease.
21. SUBORDINATION TO MORTGAGES:
This lease shall be subject and subordinate at all times to the
lien of morgages which are now or may hereafter be made a lien by the Lessor
on the leased property. Although no instrument or act on the part of the
Lessee shall be necessary to effectuate such subordination, the Lessee will,
nevertheless, execute and deliver such further instruments subordinating this
lease to the lien of such mortgages as may be requested by the Lessor.
22. LEASE CONSTITUTES ENTIRE CONTRACT:
Each party to this Lear..c acknowledges that this Lease constitutes
all of the agreements between the parties hereto, and that no representations,
warranties, or other covenants are included except as set forth herein, and
same shall not be recordable, but a "Memorandum of Lease" in usual and
customary form will be executed and acknowledged by the parties, upon request
of either party, which may be recorded.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease
Agreement the day and year first above written.
23. ADDITIONAL PROVISIONS:
Lessee shall pay last month's rent of $430.00 prior to occupancy.
The Lessee shall pay 1/4 of all charges for water and sewer upon being
presented with copies of the invoices. The Lessee understands that the
gas, electric and telephone utilities are on seperate meters and will be
direct charged from the utility companies.
In the event the Weld County Head Start Program is not funded for the
time period of January 1, 1986 through December 31, 1986, this lease
agreement may be terminated upon thirty (30) days written notice. The
Lessor understands that the Weld County Head Start Program will receive
the 1986 funding notification in December, 1985 or January, 1986.
LESSOR: LESSEE:
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Gene R. Brantner,
Chairman Pio tem
Weld County Board of Commissioners
Walter J, Speckman, Executive Director
Weld County Division of Human Resource
GUARANTEE
For value received hereby guarantee the payment of the rent
and the performance of the covenants and agreements by the part of
the second part in the within Lease covenanted and agreed, in manner and
form as in said Lease provided.
Witness hand and seal this day of
19,
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