HomeMy WebLinkAbout931040.tiff RESOLUTION
RE: APPROVE LEASE 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 between the County of
Weld, by and through its Board of County Commissioners, and Winona's Sub Shop,
Inc. , commencing January 1, 1994, and ending December 31, 1994, with further
terms and conditions being as stated in said lease, and
WHEREAS, after review, the Board deems it advisable to approve said lease,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Lease between the County of Weld, by and through its
Board of County Commissioners, and 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.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted b the following vote on the 6th day of October, A.D. , 1993.
A rI ///Z� BOARD OF COUNTY COMMISSIONERS
ATTEST: /fi/j/1 WELD COUNTY, COLORADO
Weld County Clerk to the Board ( le.241 ik—irrLJ YikL /,V
p Constance L. Harbert, Chairman
_ _ �✓c //BY: - c
Deputy Clerk o the BgArA W. H. ) eb t Pro- em /
APPR AS TO FORM: _n`"`"' r 1
orge . Baxt r
ounty Attor ey Dale K. Hall
EXCUSED
Barbara J. Kirkmeyer
931040
LEASE
THIS LEASE, made and entered into this �[^ — day of October
1993, 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, 1994 to and until December
31, 1994 , at and for a rental, for the full term aforesaid, of
$7,500 payable in monthly installments of $625 per month, in
advance, on or before the first day of each calendar month during
said term at the office of the Lessor.
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;
e. To keep the sidewalks in front of and around said
premises free from ice and snow, and said sidewalks and premises
free from all litter, dirt, debris, and other obstructions;
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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, 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;
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
971.049
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 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 forcible detainer of
said premises under the statute, hereby waiving all notice, and
shall be subject to eviction and removal, forcibly 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
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.
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, LESSOR:
ATTEST: 1 y j /f vdtel COUNTY OF WELD, by and through
C lJJ �p the Board of County Commis-
Clerk to the Board of sioners of the County of Weld
County Commissioners
By: BY: (,'ie.5T/r.+i,,�l���Gj/I
eputy Clerk to the Boar Constance L. Harber�/G3
Chairman
LESSEE:
WINONA' S SUB SHOP, INC.
7
BY: /,l -e.- / ,o .<�-Ii 4-n•_r �_
Winona Lorance, P es dent
SUBSCRIBED AND SWORN to before me this VA
T day of
October, 1993 .
WITNESS my hand and official seal .
Obi& I mitL
Notary Pu lic
915 10th St. , Greeley. , CO 80631
My commission expires : 0//01 /cu,,
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