HomeMy WebLinkAbout940999 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, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Winona's Sub Shop, Inc. , commencing January 1, 1995, and ending
December 31, 1995, 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, State of Colorado,
by and through the Board of County Commissioners of Weld County, 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 by the following vote on the 10th day of October, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ilmilMtatt
i( WELD COUNTY, C ORADO
Weld County Clerk to the Board !/eJ
BY: ) p �I 11,1/A1—
Deputy H. Webster, it
il erk to the Board Dalt K. Hall, cTem
APPRO AS TO FORM: A cr7r/q^
/ Ge1E. Baxter
County Att rney Constance L. Harb rt
Barbara J. Ki meyer
940999
/
Pcoo/ I CC- ; 1'Ie craJ5
LEASE
THIS LEASE, made and entered into this 10th day of October 1994, 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, 1995 to and until December 31, 1995, 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;
940999
LEASE - WINONA'S SUB SHOP
PAGE 2
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 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;
L. To occupy the same as a retail food serving and
restaurant type business.
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LEASE - WINONA'S SUB SHOP
PAGE 3
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 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 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.
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LEASE - WINONA'S SUB SHOP
PAGE 4
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.
LI/Mew ( LESSOR:
ATTEST: COUNTY OF WELD, by and through the
Board of County Commissioners
Weld County Clerk to the Board
By:
1 16e P l�.L +� By: 1
Deputy Cl� k to the Board W. H. Webs er, Chairman / //,.)-/4_/�f
LESSEE:
WINONA'S'S SUB SHOP, INC.
By: i7 , da 5�'// ZcW.die
St phanie K. Eberhart,
President
SUBSCRIBED AND SWORN to before me this /0 /—day of October, 1994.
WITNESS my hand and official seal.
otary Public
915 10th St. , Greeley. , CO S
My commission expires: eeyf
94049439
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