HomeMy WebLinkAbout911111.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT WITH UNITED WAY OF WELD COUNTY 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 Agreement with United
Way of Weld County, commencing September 26, 1991 and ending September 30, 1992,
with the further terms and conditions being as stated in said Lease Agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said
Agreement, 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 Agreement with United Way of Weld County be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said Lease Agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 23rd day of September, A.D. , 1991.
nn ///� BOARD OF COUNTY COMMISSIONERS
ATTEST:/J�ldyfQd0///tp"I�IJ//,// WELD COUNTY LORADO
Weld County Clerk to the Board �r
/ Gordo _ .actir airman
Deputy Clerk •to' the Board Geoyge Kennedy, Pro-Tem
APPROVED AS TO ORM: �'y�/L�TzrCf ' -�/ <�'4 1,4de,%
Constance L. Harbert
;77 rtiC�
County Attorney C. W. Kirby
,r
W. H. Webster
911111
F-7--cc, // Gc Li l..J
LEASE AGREEMENT
THIS LEASE AGREEMENT, is made and entered into this c-;?3 reC
day of September, 1991, by and between the County of Weld, the
State of Colorado, by and through the County Commissioners of Weld
County, whose address is 915 - 10 Street, Greeley, Colorado, 80631,
hereinafter referred to as "Lessor, " and United Way of Weld County,
a Colorado non-profit corporation, whose current address is 1001
Ninth Avenue, Greeley, Colorado, 80631, hereinafter referred to as
"Lessee. "
WITNESSETH:
WHEREAS, Lessor owns certain improved real estate in Greeley,
Weld County, Colorado, commonly known as 814 Ninth Street, Greeley,
Colorado, 80631, more particularly described in the attached
Exhibit A, hereafter referred to as "property, " and
WHEREAS, Lessee wishes to use the property for offices for
non-profit organizations within the County of Weld, and
WHEREAS, according to the Colorado Development Block Grant
which has been provided to the Lessor for the purpose of financing
the building, Lessor is required to guarantee that the property
will be used by non-profit organizations for a period of ten years .
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the Lessor hereby leases unto the
Lessee all of the improved real estate described in the attached
"Exhibit A" and hereinafter referred to as the "property. "
THE ABOVE STATED GRANT OF LEASEHOLD ESTATE is subject to the
following terms and condition which the parties hereto expressly
agree upon:
1 . USE OF PROPERTY: The Lessee hereby agrees to use the
property specifically for the purpose of subleasing it to certain
non-profit organizations operating within the County of Weld, State
of Colorado, and is expressly prohibited from using the property
for any other purpose.
2 . TERM: Initial term of this Lease Agreement is from
September 26, 1991, to September 30, 1992 . Unless one or both
parties have given notice to one or the other no later than June 1,
1992, to the effect that the Lease will be terminated as of
September 30, 1992, the Lease term will automatically be renewed
for an additional one-year term, upon the same provisions as this
Lease Agreement, and the Lease will be extended for additional one
year renewal terms thereafter in the absence of a similar notice by
either party to the other declaring the termination of the Lease as
of the end of the current renewal year. If the Lessee violates the
Page 1 of 5 Pages
911111
terms of this Lease Agreement, the Lessor may thereafter terminate
the Lease at any time upon 30-days notice to the Lessee.
3 . RENT; OPTION TO PURCHASE:
A. The cash rent which the Lessee agrees to pay and
the Lessor agrees to accept is $13,988 . 00 per year
for the first five years, then $1 . 00 per year for
years six through ten. Lessee then has the option
of purchasing the property at the end of year ten
for the price of $1.00. The first payment of
$13,988. 00 shall be due for year one on January 1,
1992 . The lease payment for each year shall then
be due on January 1 of each succeeding year.
B. AS ADDITIONAL RENT, the Lessee shall pay all
utility bills associated with the property,
including gas, electricity, telephone, water and
sewer; in addition, the Lessee shall bear the
entire cost of maintaining the property in good
condition, including all janitorial work on the
inside of the building and any necessary cleanup
and minor repairs on the outside thereof. Major
repairs and replacements, including, but not
limited to, the plumbing, heating, and electricial
components of the building, exceeding $1,000.00 per
item, shall be the Lessor's responsibility.
4 . HAZARD INSURANCE: Effective as of the date of this
Lease, the Lessor shall insure the improvements on the property
against fires and perils covered by a standard extended coverage
endorsement. The Lessor shall pay all premiums of said insurance.
Said insurance shall not cover personal property owned by the
Lessee/or any of its sublessees. The Lessee/or said sublessees
shall pay for and provide fire and peril insurance for said
personal property.
5 . LIABILITY INSURANCE: The Lessee shall keep in full force
and effect throughout the initial term of the lease and throughout
every renewal term a policy of liability insurance, naming the
Lessor as an additional named insured. The coverage shall be no
less than $500, 000.00 for any claim.
6 . INDEMNIFICATION OF LESSOR: The Lessee agrees to indemnify
and save, hold harmless, and defend Lessor against and from any and
all claims by any person arising, directly or indirectly, from the
use of the property by the Lessee. This is intended to include
claims by any employees or agents of the Lessee, its contractors,
licensees, invitees, or any other person, for injury, lose of life,
destruction of property, or any other injury, and is intended that
this paragraph shall apply not only to the Lessee's activities but
to the condition of the property arising for any other cause
directly or indirectly related to the exercise by the Lessee of its
Page 2 of 5 Pages
rights under this Lease. The Lessee shall be required to pay any
such claim or to defend it, at the Lessee' s expense, employing
counsel reasonably satisfactory to the Lessor. The Lessee shall
reimburse the Lessor for any attorney' s fees or other costs which
the Lessors incurs in defending any such claim and if any judgment
is recovered against the Lessor, or if the Lessor makes any payment
to discharge any such claim after first having given reasonable
notice to the Lessee of intention to do so, then the Lessee shall
be required to reimburse the Lessor for any such payment, together
with interest at the legal rate. Provisions of this paragraph
shall also apply to the use of the property and any activities
thereon as the result of any subleases .
7 . ASSIGNMENT AND SUBLEASING: The Lessee shall not assign
this Lease without the express written consent of the Lessor. The
Lessee may sublease the property or any part thereof without having
first obtained the expressed written consent of the Lessor, and
shall receive any and all rents from said subleases without any
additional compensation to the Lessor.
8. DAMAGE TO PROPERTY: If the property is damaged by fire
or otherwise to such an extent to be unfit for occupancy by the
Lessee, the Lessee and the Lessor shall be released from all
further obligations under this Lease Agreement.
9 . ALTERATIONS TO PROPERTY: The Lessee shall have no right
to alter, modify or add to the building on the property without the
express written permission of the Lessor.
10 . RENT BY RADIO STATION KGRE: The Lessee acknowledges that
the radio station KGRE is leasing a portion of the property from
the Lessor. The Lessee acknowledges that it has viewed the
property and agrees to leasing the property excluding the space
leased to KGRE. The parties agree that the Lessor shall receive
any and all rents paid by KGRE for its portion of the property for
years one through ten of this Lease.
11 . TERMINATION AND SURRENDER: Lessee shall surrender
possession of the property at the termination of this Lease, or at
the termination of any renewal term. The Lessee also covenants and
agrees that if the Lessee violates and fails to perform any of the
covenants or agreements contained in this Lease Agreement for 30
days after notice procurred the same, then in any of those events
the Lessee's right of possession hereunder shall terminate, at the
option of the Lessor, and in that case the Lessor shall become
entitled to the possession of the property and may repossess the
same as of the Lessor's former estate, and may remove the Lessee.
The Lessor also has the right, without the property or terminating
this Lease, to sue for and recover all rents and other sums
including damages at any time and from time to time during the term
of this Lease. At the time Lessee surrenders possession or is
removed, either because of termination of the Lease or for any
Page 3 of 5 Pages
other reason, the property shall be in its present condition,
ordinary wear and tear excepted, and all repair and replacement
obligations under Paragraph 3 shall be satisfied. At the time of
surrender of possession, the Lessee shall have the right to remove
all fixtures and equipment installed/and or purchased by the Lessee
to the extent that such removal can be accomplished without damage
to the property.
12 . NONDISCRIMINATION: The Lessee covenants that it will not
discriminate upon the basis of race, color, religion, sex, national
origin, or handicap in the use and/or occupancy of the property.
The Lessor, the State of Colorado, and the United States shall be
considered beneficiaries of and entitled to enforce this covenant.
13 . COVENANT OF QUIET ENJOYMENT: The Lessor hereby
represents that it has the full right and power to enter into this
Lease Agreement and hereby covenants that the Lessee shall have
quiet possession throughout the term of this Lease so long as the
Lessee complies with its obligations hereunder.
14 . MISCELLANEOUS:
A. Time is of the essence in all provisions of this
Lease Agreement.
B. Colorado law will be referred in the interpretation
and construction of the Lease Agreement and the
resolution of all disputes hereunder.
C. This Lease Agreement is binding upon and will inure
to the benefit of the parties hereto, their
successors and assigns .
D. The provisions of this Lease Agreement may be
amended only in writing signed by both parties.
E. If any party breaches this Lease Agreement or
violates the covenants set forth above, that party
shall be responsible for the attorneys ' fees and
court costs incurred by the other party as a
result.
F. Any notice permitted or required by this Lease
Agreement can be given by personal service of a
written notice upon the party to whom the notice is
given, or by mailing the written notice by
certified mail, postage prepaid, return-receipt-
requested to the party. Any mailing must be to the
following addressess (which can be changed if
written notice of the change is given to the other
party) :
LESSOR: Board of County Commissioners of Weld
Page 4 of 5 Pages
County, Colorado, 915 10 Street, Greeley, CO
80631
LESSEE: United Way of Weld County, 814 Ninth
Street, Greeley, CO 80631 .
G. If any paragraph, sentence, clause, or phrase of
this Lease Agreement is for any reason held or
decided to be unconstitutional, such decisions
shall not change the validity of the remaining
portions . Parties hereto hereby declare that they
would have entered into this Lease Agreement
irrespect of the fact that any one or more
paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
SIGNED this of-) — day of September, 1991 .
LESSOR: COUNTY OF WELD, STATE OF
ATTEST:
�kg% COLORADO, by and through the
Board of County Commissioners
of Weld County
WELD COUNTY CLE .K OT BOARD
BY:
DEPUTY CLERK TO THE BOARD BY:
Gord , Chairman
LESSEE: UNITED WAY OF WELD COUNTY
BY:
SUBSCRIBED AND SWORN TO before me this day of
September, 1991, by
WITNESS my hand and official seal .
Notary Public
My commission expires :
aunited.mlh
Page 5 of 5 Pages
Hello