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RESOLUTION
RE: APPROVE LEASE AGREEMENT WITH THE ISLAND GROVE REGIONAL
TREATMENT CENTER, 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 has been presented with a Lease Agreement
with the Island Grove Regional Treatment Center, Inc. , and
WHEREAS, the terms and conditions of said Lease Agreement are
as stated in the Lease Agreement, a copy being attached hereto and
incorporated herein by reference, and
WHEREAS, after study and 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
with the Island Grove Regional Treatment Center 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.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 20th day of
November, A.D. , 1989 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder G
and Clerk to the Board C.W. ' by, Ch rman `g�' _r4,,.......„A- a R. Brantner, Pro-Tem
puty County �i,;e
APPROVED AS TO FORM: Constance .'Harbert
Georedy
ounty Attorney Go �L
TR000e ee ak°j"�.9- 4aleaii.-17-en• 891204
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this 20th day of November,
1989, by and between THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO, hereinafter referred to as "Landlord", and THE ISLAND GROVE
REGIONAL TREATMENT CENTER, INC. , 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 two-story building presently used by Tenant and known as
the Island Grove Regional Treatment Center, Inc. , formerly
the Weld County Hospital, located between Centennial Village
and the 4-H Building at Island Grove Park and consisting of
approximately 9,000 square feet. The property included in
this Lease Agreement shall also include the grounds bordered
by the parking lot on the North, on the East by the park, on
the West by the drive between the Landlord's property and
private farmland, and on the South by a parking lot, the
Tenant having occasional access to this parking lot on the
South for the purpose of public meetings.
Section I - Term.
The term of this Lease Agreement shall commence on the first day of
January, 1990, and shall continue for a period of three years whereupon on
the first day of January, 1993, it shall automatically terminate by its own
terms unless the Landlord and Tenant shall, in writing, extend the term of
such Lease Agreement.
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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.
Tenant shall, at its sole expense, 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 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 expense, shall make all required minor repairs on items
considered to be or normal wear and tear; further, Tenant, at its sole
expense, shall make all required repairs to plumbing, furnace, fixtures, or
any other portion of the premises whenever damage thereto shall have
resulted from Tenant's misuse, waste, or neglect, or that of its employees,
agents, or visitors. Major maintenance and repair of the leased premises
involving anticipated or actual costs in excess of $500.00 per incident not
due to Tenant's misuse, waste, or neglect or that of its employees, agents,
or visitors, shall be the responsibility of the Landlord. If the demised
premises are not kept in good repair and in a clean, sightly, and healthful
condition by Tenant as provided in the Lease, Landlord or its agents,
servants, or employees may enter the premises without such entrance causing
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or constituting a termination of this Lease or an interference with Tenant's
possession of the premises, and Landlord may then place the premises in the
same condition of repairs, 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. 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 treatment and recovery center for individuals suffering from substance
abuse.
Section V - Subletting.
Tenant shall not have the right, without the prior written approval of
Landlord to sublet the premises or any portion of the premises.
Section VI - Taxes.
Should the premises be subject to real estate property taxes, Tenant
shall be responsible for the payment of any such assessments.
Section VII - Alterations.
Tenant shall not have the right to make any alterations to the premises
without the prior written approval of the Landlord.
Section VIII - Notices.
All notices required to be given to Landlord hereunder shall be in
writing and sent by certified 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 mail, addressed to: The Island Grove Regional Treatment
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Center, Inc. , 421 North 15th Avenue, P.O. Box 5100, 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 mailed to Tenant or Landlord.
Section IX - Insurance.
During the term of this lease, Tenant shall obtain and maintain fire
legal liability coverage insurance on the premises. Tenant shall further
obtain and maintain appropriate legal liability insurance coverage on the
property and its operations therein in reasonably sufficient amounts.
Tenant shall provide to Landlord a copy or copies of these required
insurance policies prior to the effective date of this Lease Agreement.
Tenant shall require that Landlord be named as an additional insured.
Section X - Non-Liability.
Landlord shall not be liable for the loss or any damage to any property
of Tenant or Tenant's clients, employees, or guests at any time located in
the lease 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. 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.
Section XI - Utilities.
All utilities including, but not limited to, electricity, gas, and
water shall be paid for by Tenant.
Section XII - Signs.
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Tenant shall not erect, paint, or maintain any signs whatsoever upon
the premises without first securing the written consent of Landlord.
Section XIII - Right of Inspection.
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.
Section XIV - Indemnification.
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 or growing out of any act or neglect of Tenant, its
contractors, agents, employees, invitees, servants, subtenants, successors,
or assigns in connection with this occupancy or their occupancy of any
portion of the leased premises.
Section XV - 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 XVI - Default.
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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 notice of such breach of this
Agreement in writing at least thirty (30) days in advance. If at the end of
such thirty-day period following the service of such notice such breach has
not been remedied and Tenant should refuse to vacate the premises, Landlord
may use such remedy as it may deem fit under the circumstances to repossess
the same with or without process of law.
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement
to be executed as of the day and year first written above.
1/477CbAfrAA4eAnA4
J LANDLORD:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
nd Clerk to the Boar ,,y
BD?Ivyy« J l By: 47//
"Deputy County Cle C. W. Kirby, Chrman
/
TENANT:
ISLAND GROVE REGIONAL
TREATMENT CENTER, INC.
n^
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