HomeMy WebLinkAbout910029.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT WITH FRANK C. AND ROBERT W. GREGORY FOR 816 8TH STREET
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 , a Lease Agreement with Frank C. and Robert W. Gregory for 816 8th
Street, Greeley, Colorado has been presented to the Board, and
WHEREAS , the term of said Lease is from December 18, 1990, through December 18,
1993, with the further terms and conditions being as stated in the Lease, a copy
being attached hereto and incorporated herein by reference, and
WHEREAS, after study and review, the Board deems it advisable to approve said
Contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Lease Agreement with Frank C. and Robert W. Gregory for
816 8th Street, Greeley, Colorado be, 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 , on motion duly made and seconded,
adopted by the following vote on the 7th day of January, A.D. , 1991.
4In' BOARD OF COUNTY COMMISSIONERS
ATTEST: [,_ �/a/ 49. a/4647 WELD COUN ORADO
Weld County Clerk to the Board
/ Gor o acy, an
By:4,1.8 1,` . � /2 �-
Deputy ,Cidrk to the Boa4 Geor e Kennedy, ProKennedy, Pro-Temm
APPROVED AS 0 FORM: ( 27/4.eTs t _e
Constance L. Harbert
County Attorney C. W. Kirby W. �� Q /1
Webster
910029
t
LEASE
THIS LEASE, made and entered into this 4.RO27-6 day of xne elo/P,<t,4_,.) ,
19 56 , by and between FRANK C. GREGORY and ROBERT W. GREGORY, hereinafter
referred to as "Lessor" and THE COUNTY OF WELD, by and through the Board of
County Commissioners of the County of Weld, hereinafter referred to as
"Lessee."
WITNESSETH:
That in consideration of 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 1,275 square feet of ground
floor space, which space includes an open area, furnace room,
two offices, and two restrooms located in the rear portion of
816 Eighth Street, Greeley, Colorado. (It is recognized that
the premises does not include two apartment units located on
the second floor or the front portion of the premises located
at 816 Eighth Street, Greeley, Colorado.)
To have and to hold the same described property with the appurtenances
unto Lessee from the 18th day of December. 1990, until the 18th day of
December, 1993, unless sooner terminated upon thirty (30) days' notice by
either party as set fortE below. There shall be no rents paid by Lessee
during the term of this Lease, and this rental shall be considered a
donation by the Lessor to the Lessee, except as otherwise provided in this
Lease. Lessee is hereby granted an additional three-year option upon the
same terms and conditions, which option shall be exercised by Lessee giving
Lessor written notice thereof within thirty (30) days prior to December 18,
1993.
Furthermore, the Lessee, in consideration of leasing the said premises,
covenants and agrees as follows:
A. To surrender and deliver up said premises at the expiration of
this Lease in as good order and condition as when the same were
entered upon, loss by fire, inevitable accident, or ordinary wear
and tear excepted;
B. 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;
C. 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;
D. To allow Lessor, upon twenty-four (24) hours' previous notice, to
enter into or upon and go through and view said premises in order
to show said premises to a prospective buyer or renter.
9100,e9
Page 1 of 3 Pages
FURTHERMORE, the parties hereto agree as follows:
1. That all pro rata assessments for water and sewer charges that may
be levied against said premises during the continuance of this
Lease shall be paid by the Lessee as the same become due and
payable, the pro rata share applicable to the Lessee herein being
one/half (1/2) of said water and sewer charges; Lessee shall also
pay as the same become due and payable all charges for
electricity, gas, heat, air conditioning, telephone or any other
communication or utility service used in or rendered or supplied
to the Lessee or the leased premises throughout the term of this
lease.
2. 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;
3. That this Lease may be terminated with or without cause upon
thirty (30) days' advance written notice by either party, such
notice to be delivered personally or by certified mail to the
following addresses:
Lessor -- Frank C. Gregory and Robert W. Gregory
4712 12th Street
Greeley, CO. 80634
Lessee -- Sheriff Ed Jordan
Weld County Sheriff's Office
910 Tenth Avenue
Greeley, Colorado 80631
4. Lessor shall continue to carry property liability insurance on the
premises. Neither party shall be liable to the other for any expense or
damage resulting from a peril which can be insured against under the
Colorado standard form of fire insurance policy with standard property
coverage endorsement added. It is the specific understanding and agreement
of the parties that the rentals reserved herein have been agreed upon by the
parties in contemplation that each of the parties hereto shall, at its own
expense, carry its own insurance against such risks, and each party shall
look only to its own insurance for indemnity against any such damage, and
neither party shall have any interest in the other's insurance or proceeds
thereof.
5. The door locks on the rear entrance to the premises and the inner
door locks shall be changed and reinstalled at Lessee's expense prior to
Lessee taking possession pursuant to this Lease.
6. Lessee shall keep, repair and maintain the premises in a clean,
orderly and habitable condition at lessee's expense as requied by the
ordinances and health regulations and laws of the City of Greeley, the
County of Weld, and/or the State of Colorado. This duty includes, but is
not limited to, maintenance of sewer and plumbing fixtures, electrical
wiring and fixtures, windows, glass, doors and heating and air conditioning
equipment. In the event that it becomes necessary during the term of the
Page 2 of 3 Pages
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lease to replace the heating and/or air conditioning equipment, as
determined by an independent evaluator who is mutually acceptable to both
parties, then lessee shall be obligated and responsible for payment of 209
of the cost therof, up to a maximum of $1 ,000.00
7. The lessee shall pay as and when due 20% of all real estate taxes
and assessments assessed during the lease term upon the entire premises
(including building and improvements) located at 816 Eighth Street, Greeley,
Colorado. This duty shall apply even if such taxes and assessments are
payable after the lease term ends.
8. It is 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.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands
and seals the day and year first written above.
LESSOR:
/7 rryl SY% 9 R O 4ct-V- 0.)
Pfau. C. Gregory d / Robert W. Gregory
SUBSCRIBED AND SWORN to before me this ep day of JO oidn 111 A ,
19 4) , by Frank C. Gregory and Robert W. Gregory.
WITNESS my hand and official seal.
4,azz,
No r_ Public
My commission expires:
My C0MMICC1017 ie.,Oct 3 1994
LESSEE:
ATTEST: M� COUNTY OF WELD, by and through
AC the Board of County Commis- sioners of
the County of Weld
Weld County Clerk to t e Board
i
By: y By:
Deputy County Board Chai
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