HomeMy WebLinkAbout910437.tiff LEASE
_y/r THIS AGREEMENT AND LEASE, made and entered into as of the
'' day of SAM f l9Cl/ , A. D. , 1991, by and between
HE COUNTY OF WELD, STATE OF COLORADO, by and through the Board of
County Commissioners of the County of Weld, whose address is 915
Tenth Street, Greeley, Colorado 80631 (hereinafter referred to as
"Lessor") , and KGRE RADIO, a corporation qualified to transact
business in the State of Colorado, whose address is 814-816 Ninth
Street, Greeley, Colorado 80631 (hereinafter referred to as
"Lessee") .
WITNESSETH:
WHEREAS, Lessor has office space for rent on the terms
hereinafter contained, and
WHEREAS, Lessee, subject to all of the terms and conditions
hereinafter contained, desires to lease a portion of this office
space (said portion being hereinafter referred to as the
"Premises") .
NOW, THEREFORE, for and in consideration of the foregoing and
the mutual covenants and agreements of each of the parties hereto
as. stated below, it is mutually agreed by and between the parties
hereto as follows:
SECTION 1. Lessor hereby demises and leases to Lessee and
Lessee hereby takes and rents from Lessor, the premises consisting
of office space located on the second floor of the building located
at 814-816 Ninth Street, Greeley, Colorado, which was acquired by
the Lessor on January 14, 1991, by Deed recorded in Book 1287 ,
Reception No. 02238427, in the Office of the Weld County Clerk and
Recorder.
TO HAVE AND TO HOLD said premises hereby leased and demised
unto the Lessee for a term of six (6) months, commencing on March
1, 1991, and running until midnight on August 31, 1991, and
continuing thereafter on a month-to-month basis.
SECTION 2 . It is hereby agreed and understood that any prior
lease or rental agreement between the parties hereto, or between
Alton Miller's Agency, Inc. , and KGRE Radio, is terminated
effective as of March 1, 1991.
SECTION 3 . The parties agree that said premises shall be used
primarily as a general office, or for any other legal purpose with
the prior written consent of Lessor, except that no intoxicating
liquors or malt or vinous liquors shall ever be sold, stored, or
given away upon said premises or any portion thereof during the
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term of this Lease and except that the Lessee' s use of the premises
shall not increase the risk of loss.
SECTION 4 . Lessee agrees to pay Lessor a monthly rent of
$716. 30 for said premises during the term hereof. The total amount
to be paid Lessor by Lessee during the first six (6) month term of
this Lease is 4, 297.80.
SECTION 5. The Lessor warrants that it has good title to the
premises and that the Lessor has the full right and authority to
legally and validly enter into these premises. Lessor further
warrants Lessee's possession and peaceful and quiet enjoyment of
same during the term hereof, subject only to the right of eminent
domain, fire, or other casualty, Lessor's planned improvements to
the premises or other portions of the building in which the
premises is located, and Lessee' s observance of the terms hereof.
SECTION 6. Lessee covenants and agrees to the term hereof as
follows:
a. To pay the stipulated monthly rental properly, in
accordance with the provisions hereof.
b. To pay the separately submetered electric charges
for the area occupied, plus $31. 00 per month for
heating and air conditioning which is separately
metered for the entire premises.
c. To obtain and promptly pay for all telephone and
communication service used and consumed in and
about the premises.
d. To obtain and pay for fire and extended casualty
insurance upon the contents, leasehold
improvements, and betterment of Lessee for the
fully insurable value thereof, and to deposit
annually with Lessor certified copies of such
insurance policies or certificates of insurance
therefor.
e. To comply with all federal, state, and municipal
laws, statutes, ordinances, rulings, and
regulations in Lessee's use and occupation of the
premises, and not to use or occupy, or suffer the
use or occupancy of the premises in violation of
such laws, statutes, ordinances, rulings, and
regulations.
f. To refrain from putting the premises or suffer the
premises to be put, to any use prejudicial to the
insurance thereon, or which would increase the risk
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of damage or destruction of the premises by fire or
other hazard.
g. To keep the premises and fixtures and appurtenances
in a clean, sound, and sanitary condition.
h. To make all ordinary and necessary repairs or
replacements to the interior of the premises; to
maintain the premises in good order and condition,
less ordinary wear and tear and insured casualty.
i. To permit the Lessor, its agents and its servants,
to enter upon the premises at reasonable times for
purposes not inimical to the interest of the
Lessee.
j . To pay the costs of labor and materials, incidental
thereto for the installation of any fixtures,
appliances, appurtenances, or utilities peculiar to
or used in connection with the occupancy of the
Lessee.
k. Not to suffer any mechanic's or materialmen's or
any other lien, judgment, or mortgage to attach to
the premises by reason of the Lessee's acts,
contracts, or omissions, and, should any lien,
judgment, or mortgage so attach, promptly to pay
and discharge the same, including any and all
costs, attorney's fees and other charges incidental
thereto.
1. To refrain from committing waste.
m. To make no alterations in the premises, and to
suffer none to be made, without first obtaining the
written consent of the Lessor, which consent shall
not be unreasonably withheld.
n. To assume the responsibility for any and all
interior decoration of the premises, provided,
however, that no alterations shall be made or
suffered to be made in the course thereof, without
first obtaining the written consent of the Lessor,
which consent shall not be reasonably withheld.
o. To obtain and maintain public liability insurance
under normal owner's, landlord' s, and tenant's
policies, protecting Lessor, as owner and landlord,
and Lessee, as tenants, as named insureds against
the loss arising out of the premises. Such
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insurance coverage shall have a minimum limit of
$1,000, 000. 00.
p. To assume and hold Lessor and Lessor's insurance
carrier, if any, harmless for any loss or damage
whatsoever to Lessee' s contents, including, but not
limited to, furniture, mechanical equipment, and
supplies, leasehold improvements, and betterment,
resulting from fire, explosion, theft, or other
casualty, regardless of cause or origin; and to
furnish appropriate waivers of subrogation in form
and substance satisfactory to the parties.
q. Peaceably to surrender and return the premises to
the Lessor at the end of the term of this Lease,
without further notice, in as good order and
condition as when received by Lessee, reasonable
wear and tear and insured casualty excepted.
r. To perform all of the obligations and duties herein
imposed at the sole cost and expense of the Lessee,
without cost, charge, or contribution by the
Lessor.
s. To pay all personal property taxes levied or
assessed against the premises after commencement of
this Lease for the term hereof.
t. Not to file a petition in bankruptcy for
reorganization or for an arrangement pursuant to
any present or future Federal Bankruptcy Act or
under any similar federal or state law or otherwise
admit, in writing, its inability to pay its debts
generally as they become due.
SECTION 7. Lessor covenants and agrees for the term of this
Lease as follows:
a. To furnish heat, air conditioning, water,
electricity, sewer charges and service used and
consumed in and about the premises, but subject to
Section 6.b. A substantial default of unreasonable
duration by Lessor in any of the above will justify
a commensurate rental adjustment for the period of
default.
b. To pay all real estate taxes levied or assessed
against the premises.
c. From time to time as necessary and at its own cost
and expense, to maintain and keep in good and
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proper repair: the sidewalks, driveways, service
areas, curbs, and parking areas; foundation, roof
and downspouts; the exterior and structural
portions of the building.
d. Subject to the Lessor's need to use the premises
and provided that this Lease is then in full force
and effect, and that the Lessee is not then in
default under this Lease, and that the Lessee has
notified Lessor by notice in writing at least
ninety (90) days prior to the expiration of the
term of this Lease, Lessor agrees that the Lessee
may hold over and this Lease shall be extended on a
month-to-month basis, subject to the terms and
conditions set forth herein. The decision as to
whether or not Lessor has use of the premises upon
termination of the original term of this Lease
shall be within the sole discretion of Lessor and
Lessor's decision on this point shall be
controlling.
SECTION 8. This Lease in the interest of the Lessee hereunder
shall not, without the written consent of the Lessor first
obtained, be subject to garnishment or sale under execution in any
suit or proceeding which may be brought against or by Lessee.
SECTION 9 . If the premises or any part thereof shall, during
the term of this Lease, be substantially or totally or partially
destroyed by fire or other casualty, then this Lease and the term
hereof shall forthwith come to an end, and all parties hereto shall
be relieved of all obligations hereunder thereafter accruing,
except as provided in Section 6.c. ; and, if the premises shall,
during such term, be partially destroyed or damaged by fire or
other casualty, then the rent herein reserved (or a fair or just
proportion thereof, according to the nature or extent of the
destruction or damage sustained and to the extent of Lessee' s
continued use thereof) shall be abated provided the premises are
occupied and usable by Lessee until the premises shall have been by
the Lessor rebuilt or restored. In the event or other casualty,
the decision as to whether destruction is substantial or total, on
the one hand or partial, on the other hand, shall be within the
sole discretion of the Lessor, and Lessor' s decision shall be
controlling.
SECTION 10. In the event the premises or any portion thereof
shall be substantially disturbed or interfered with because of any
eminent domain proceedings, this Lease shall, at the option of
either party hereto, be terminated and thereupon, said premises
shall revert back to Lessor and any award shall belong to Lessor.
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Any award made to Lessee for relocation, moving, interruption
of business, or similar reason in conjunction with condemnation of
the premises, shall be the sole property of the Lessee. Lessee
reserves unto itself the right to prosecute its claim for an award
of such taking based upon its leasehold interest without impairing
any rights of the Lessor for the taking of or injury to the
reversion.
SECTION 11. The default of the Lessee for more than fifteen
(15) days after prior written notice thereof by Lessor to Lessee in
the payment of any installment of rent, or in the performance of
any duty or obligation herein set forth (except if such default is
of such character as to require more than fifteen (15) days to cure
and Lessee is using diligence to cure such default) , shall at the
election of the Lessor terminate this Lease and the term hereby
granted; and, upon such termination, the Lessee shall quit and
surrender the premises forthwith and the Lessor shall have the
right to enter and take possession of the premises. The Lessor
may, in the event of default by the Lessee and a concurrent
abandonment of the premises by the Lessee, re-rent the premises for
and on account of Lessee for the remaining period of this Lease (or
shorter period) and apply the rental received therefor to the
credit of the Lessee, holding the Lessee for the remainder (if any)
of the rental in this Lease reserved and such re-renting shall not
be construed as a termination of this Lease or the term hereof.
Should Lessor default in any of its obligations under this
Lease, including, without limitation, the quiet possession of the
Lessee, the Lessee shall forward written notice of such default as
hereinafter provided, and Lessor agrees that if it be in default as
set forth in such notice, it will cure such default within fifteen
(15) days after the date of receiving such notice, or in the event
such default of such character as to require more than fifteen (15)
days to cure, the Lessor will use diligence to cure such default.
If, however, after due notice to the Lessor of an opportunity to
cure the same, the Lessor shall refuse to cure or make good any
such default, the Lessee may, at its option, terminate this Lease
and all rights and obligations will then cease, including, without
limitation, the payment of rentals.
SECTION 12 . Time of the performance of the duties and
obligations of the parties is of the essence of this Lease and the
strict performance by the Lessee of its duties and obligations, and
each of them, is a condition precedent to its right to continue in
possession of the premises.
SECTION 13 . Lessee shall have the right to place an exterior
sign on the premises in such form and at such location as is
acceptable to Lessor, and, provided such sign is permitted by the
local authorities, and upon termination of the Lease, to remove
Lessee's contents, provided that all other leasehold improvements
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shall be deemed to be the property of the Lessor, and provided
further, that Lessee restores the premises to its former condition,
ordinary wear and tear excepted, at the termination of this Lease.
SECTION 14. Any notice required hereunder or by law to be
given to the Lessor shall be mailed to Lessor at 915 Tenth Street,
Greeley, Colorado 80631, or such other address, upon notice to
Lessee by Lessor; any notice required hereunder to be given to
Lessee may be mailed to Lessee at 814-816 Ninth Street, Greeley,
Colorado 80631, or affixed to the door of the premises or such
other address upon notice to Lessor by Lessee.
SECTION 15. The Lessee may not, without the prior written
consent of the Lessor first obtained, assign the term hereby
demised, or let or underlet, or permit said premises to be used by
others for hire; provided such consent shall not be unreasonably
withheld as to a tenant comparable to Lessee, and, that Lessee
shall remain fully responsible for the payments of rent and the
performance of all conditions of this Lease.
SECTION 16. Anything contained in this section or any other
sections of this Lease to the contrary notwithstanding, the Lessor
and the Lessee each hereby releases the other from any and all
liability or responsibility (to the other or to anyone claiming
through or under them by way of subrogation or otherwise) for any
loss or damage to the leased premises or to the fixtures, goods,
wares, merchandise or any other property thereon or therein for
which it is protected by an existing policy or policies of
insurance caused by fire or any of the extended coverage or
supplementary contract casualties, even if such fire or other
casualty shall have been caused by the fault or negligence of the
other party, or anyone for whom such party may be responsible. It
is agreed that the insurance policies of both parties shall contain
a clause or endorsement providing for said waiver of subrogation
and that any such release shall not adversely affect or impair such
policies or prejudice the right of the releasor to recover
thereunder.
SECTION 17. The Lessee may install fixtures, equipment, and
appliances for the conduct of its business upon the leased
premises, and shall be permitted to make such installment as soon
as practicable, provided Lessor shall have no responsibility or
liability whatsoever for any loss or damage to the fixtures,
equipment, or appliances so installed except as directly caused by
the negligence of the Lessor or its employees. The Lessee agrees
to hold the Lessor harmless from all claims and demands of third
persons in any manner relating to such installation. The aforesaid
fixtures, equipment, and appliances may be affixed to the building
and the Lessee may remove the same at will, provided however, that
the premises, shall, at the request of the Lessor be restored to
the original condition at the expense of the Lessee at the
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conclusion of the term or any extension of this Lease. The
property not removed by Lessee shall become the property of the
Lessor.
SECTION 18. Lessee agrees to abide by and uphold reasonable
rules of Lessor for the use of the premises, building, and parking
lots owned by Lessor, including rules relating to security and
emergency procedures established from time to time by Lessor.
SECTION 19. Notwithstanding the foregoing, Lessee shall not
be required to discharge or remove any lien, encumbrance, or charge
referred to in subparagraph j . of Section 6 hereof, so long as
Lessee shall contest, in good faith and at its own expense, the
existence, the amount, or the validity thereof, or the extent of
its liability therefor, by appropriate proceedings which shall
operate during the pendency thereof to prevent (i. ) the collection
of, or other realization upon the lien, encumbrance, or charge so
contested, (ii. ) the sale, forfeiture, or loss of the premises, or
any part thereof, or the rent or any additional rent, or any
portion thereof, to satisfy the same, (iii. ) any reference for the
use and occupancy of the premises or any part thereof, and (iv. )
any interference with the payment of the rent or any additional
rent, or any portion thereof. While any such proceedings are
pending, Lessor shall not have the right to pay, remove, or cause
to be discharged the lien, encumbrance, or charge thereby being
contested. Lessee further agrees that each such contest shall be
promptly prosecuted to a final conclusion, that it will pay and
save Lessor harmless against, any and all losses, judgments,
decrees, and costs (including all reasonable attorney' s fees and
expenses) in connection therewith, and that it will, promptly after
final determination of such contest, fully pay and discharge the
amounts which shall be levied, assessed, charged, or imposed or be
determined to be payable therein, together with all penalties,
fines, interests, costs, and expenses thereon or in connection
therewith, and perform all acts, the performance of which shall be
ordered or decreed as a result thereof. No such costs shall
subject Lessor to any risk of civil liability, and Lessee shall
give reasonable security to Lessor as may be demanded by Lessor to
insure payment of any lien, encumbrance, or charge contested as
provided in this paragraph and to prevent any such sale or
forfeiture by reason of such contest.
SECTION 20. All covenants, promises, representations, and
agreements herein contained shall be binding upon, apply and inure
to the benefit of the successor and assigns of the respective
parties hereto.
SECTION 21. This Lease represents the entire agreement
between the parties relating to the subject matter hereof, all
prior conversations, discussions, and correspondence between the
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parties hereto with respect to the subject matter herein being
merged herein.
IN WITNESS WHEREOF, the Lessor and the Lessee have hereunto
set their respective hands and seals, in duplicate, on the day and
year first above written.
LESSOR:
COUNTY OF WELD, STATE OF COLO-
RADO, by and through the Board
ATTEST: A /.. t'/ t of County Commissioners of the
/�,� County of Weld
Weld County Cler to the Board
BY:_44.49-/ 2_41 /2 By•
Deputy C erk to the o d , Chairman
5//3/9/
LESSEE:
ATTEST: KGRE RADIO Ladito By: By: ALAI',
s SUBScgipDj�Irnafor% me this / it day of day ,
1991, by C� {
WITNESS my hand and official seal.
7- (2
ary Public
)( 4,0 mmisgonExplresJan.a 1995
My commission expires:
LSKGRE.SSA 9
310437
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