HomeMy WebLinkAbout890050.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT WITH WINONA'S SUB SHOP, 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 Winona' s Sub Shop, Inc. , and
WHEREAS, the terms of said Agreement is from January 1 , 1989 ,
throught December 31 , 1989 , with the terms and conditions being as
stated in said Lease Agreement, a copy of which is 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 Winona ' s Sub Shop, Inc. , 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 9th day of
January, A.D. , 1989 , nunc pro tunc January 1 , 1989 .
‘ BOARD OF COUNTY COMMISSIONERS
ATTEST: / I Ye WELD COUNTY, COLORADO
Weld County erk and Recorder
and Clerk to the Board C.W. ` airman
BY: )90,c-iicw, ea qu 'ne J nson, Pro-Tem
Deputy County lerk
EXCUSED
APPROVED AS TO FORM: Gene R Brantner e./
George Kennedy
County Attorney
Gor.. eta `z`//
7,1. / /. 890050
LEASE
THIS LEASE, made and entered into this oc,2��day of
1�ee b.rrc , 19 18' , by and between THE COUNTY OF
WELD, by and through the Board of County Commissioners of the
County of Weld, 915 Tenth Street, Greeley, Colorado, 80631,
hereinafter referred to as "Lessor, " and WINONA' s SUB SHOP, INC. ,
930 Ninth Avenue, Greeley, Colorado, 80631 , hereinafter referred
to as "Lessee. "
WITNESSETH:
That in consideration of the payment of the rent and the
keeping and performance of the covenants and agreements by Lessee,
hereinafter set forth, Lessor hereby leases unto Lessee the
following described premises, situated in the County of Weld and
in the State of Colorado, to-wit: Commercial space of
approximately 1650 square feet located at 928-930 Ninth Avenue,
Greeley, Colorado, 80631.
TO HAVE AND TO HOLD the same with the appurtenances unto
Lessee from the first day of January, 1989 , to and until December
31 , 1991 , at and for a rental, for the full term aforesaid, of
$21, 600. 00 , payable in monthly installments of $600 . 00 per month,
in advance, on or before the first day of each calendar month
during said term at t e o OfM4o,# the Lessor. Lessee is hereby
granted an additions } pear option upon these same terms
and conditions, which option shall be exercised by Lessee giving
Lessor written notice thereof within ninety (90) days prior to
December 31 , 1991 .
Furthermore, the Lessee, in consideration of leasing the said
premises as aforesaid, covenants and agrees as follows:
a. To pay the rent for the aforesaid premises as
hereinabove provided;
b. To keep the improvements upon said premises, including
all sewer connections, plumbing, wiring, and glass, in good repair
at the expense of 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; it is understood
the Lessor is maintaining glass insurance and will be responsible
for losses covered thereby;
c. To sublet no part of said premises, nor assign this
Lease or any interest herein, without the prior written consent of
the Lessor; which consent shall not be unreasonably withheld.
d. To use said premises for no purpose prohibited by the
laws of the United States or the State of Colorado, or the
Ordinances of the City of Greeley or of the County of Weld, and
for no improper or questionable purpose whatsoever;
890050
e. To keep the sidewalks in front of an around said
premises free from ice and snow, and said sidewalks and premises
free from all litter, dirt, debris and other obstructions;
f. To keep said premises clean, and in the sanitary
condition required by the Ordinances and the Health and Police
Regulations of the City of Greeley and/or the County of Weld;
g. 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;
h. To 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 of the negligence or default of the
owners or occupants thereof or any other person, nor liable for
any injury or damage occasioned by the defective wiring or the
breaking or stoppage of plumbing or sewerage upon said premises or
upon adjacent premises, whether said breaking or stoppage results
from freezing or otherwise;
i. To neither permit nor suffer said premises, or the walls
or floors thereof, to be endangered by overloading 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 alterations or change in, upon, or about said premises
without first obtaining written consent therefor;
j . To permit the Lessor to place a "For Rent" upon said
premises at any time after thirty days before the end of this
Lease;
k. To allow Lessor at any reasonable hour of the day to
enter into or upon and go through and view said premises;
1. To occupy the same as a retail food serving and
restaurant type business.
Furthermore, the parties hereto agree as follows:
1 . That all assessments for water rents that may be levied
against said premises during the continuance of this Lease shall
be paid by the Lessor and that all charges for lighting said
premises shall be paid by the Lessee as the same become due and
payable and that in case said premises shall become untenantable
on account of damage by fire, flood, or Act of God, this Lease may
be thereupon terminated by Lessee;
Page 2 of 4 Pages
890050
2 . That no assent, express or implied, to any breach of any
one or more of the covenants or agreements hereof shall be deemed
or taken to be a waiver of any succeeding or other breach;
3 . 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 as to such possession, then Lessee
shall be regarded as a tenant from month-to-month at a monthly
rental, payable in advance, equivalent to the last monthly
installment hereunder, and subject to the terms and provisions of
this Lease;
4 . That in case said premises are left vacant and any part
of the rent therein reserved to be unpaid, then the Lessor may,
without anywise being obligated to do so, 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 be required, giving
credit for the amount of rent so received less all expenses of
such changes and repairs, and 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 herein, that if the rent above reserved or any part
thereof, shall be arrears or if default shall be made in any of
the covenants or agreements herein contained, to be kept by the
Lessee, it shall and may be lawful for the Lessor to declare said
term ended and enter into said premises, or any part thereof,
either with or without process of law, to reenter, and Lessee or
any person or persons occupying the same, to expel, remove, and
put out, using such force as may be necessary in doing so, without
being liable to prosecution or any damage therefor, and the said
premises again to repossess and enjoy, is in the first and former
estate of the Lessor and if at any time said term shall be ended
as aforesaid or in any other way, the Lessee hereby covenants and
agrees to surrender and deliver up said premises peaceably to
Lessor immediately upon the termination of said term, and if the
Lessee shall remain in possession of the same after the
termination thereof, Lessee shall be deemed guilty of a forceable
detainer of said premises under the statute, hereby waiving all
notice, and shall be subject to eviction and removal, forceably or
otherwise, with or without process of law, as above stated.
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 Lessee
Page 3 of 4 Pages 890050
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 hereunder set
their hands and seals the day and year first written above.
/n/,. _c// LESSOR:
•
ATTEST: `/� """""`l /r,,� COUNTY OF WELD, by and through
the Board of County Commis-
Weld County Clerk and Recorder sioners of the County of Weld
and Clerk to the B d /174.79/
BYE frr cc6° ' i`""` ..) By: iChairman
Deputy County lerk C. W.
// LESSEE:
WINONA' S SUB SHOP, INC.
BY: I./ L,n_A—IAa -1i��.._e�
Winona Lorance, President
SUBSCRIBED AND SWORN to before me this ,D rg b-2-4 day of
:11..e-f, t-r-V, J-0 . 19 `KKR .
WITNESS my hand and official seal.
Notary Public
9/6-- / 71-4t-SA
My commission expires:
My Commission Expires June 8. 1990
890050
Page 4 of 4 Pages
Hello