HomeMy WebLinkAbout920013.tiff RESOLUTION
RE: APPROVE LEASE AND AUTHORIZE CHAIRMAN TO SIGN - WINONA'S SUB SHOP, INC.
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 and Winona's Sub Shop, Inc. , commencing January 1, 1992, and ending December
31, 1993, with the 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 Weld County and Winona's Sub Shop 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 6th day of January, A.D. , 1992, nunc pro
tunc, January 1, 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: kagAidUet
WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED DATE OF SIGNING
Geo ge Kennedy, Chairman
BY: /',," 2 te-
Deputy Clerk to the Board Constance L. Harbert, ProPro
APPROVED A 0 FORM: EXCUSED DATE OF SIGNING
��d 2 C. W. Kir.
County Attorney Gord. . ac
fc"
W. I� Webster
920013
LEASE
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`�THIS LEASE, made nd entered into this (p — day of
u.ac.� , 19 'i� , by and between THE COUNTY OF WELD,
State of Colorado, 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, 1992, to and until December
31, 1993, at and for a rental, for the full term aforesaid, of
$14 ,400 . 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 the office of the Lessor. If Lessor chooses
not to renew or extend the lease beyond December 31, 1993, then
Lessor shall gives Lessee written notice of this decision ninety
(90) days prior to December 31, 1993 (by October 2, 1993) .
Furthermore, the Lessee, in consideration of leasing of 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;
c . To sublet no part of said premises, nor assign this
Lease or any interest herein, without the prior written consent
of the Lessor;
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;
920013
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;
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 of 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
n a purpose whi
ch would render overloading the
or said
premises to be used for any p p
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
er;OO1 3
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.
Page 3 of 4 Pages
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.
LESSOR:
ATTEST: COUNTY OF WELD, STATE OF
COLORADO by and through
the Board of County Commis-
Weld County Clerk to the Board sioners of the County of Weld
By: By:
eputy Clerk to the Ord h irman
LESSEE :
WINONA' S SUB SHOP, INC.
BY it 2 is-e-e, .ate
Winona Lorancel2esident
SUBSCRIBED AND SWORN to before me this day of
I , 19 7c1----.
WITNESS my hand and official seal .
Notary P 1
My commission expires : MyUornss :u anua0,1995
lswinona.rmm
Page 4 of 4 Pages
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