HomeMy WebLinkAbout930375.tiff RESOLUTION
RE: APPROVE LEASE FOR OFFICE SPACE 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 for office space between
Weld County Sheriff's Department, by and through the Board of County
Commissioners of Weld County, Colorado, and Mountain View Fire Protection
District, commencing March 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 for office space between Weld County Sheriff's
Department, by and through the Board of County Commissioners of Weld County,
Colorado, and Mountain View Fire Protection District 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 26th day of April, A.D. , 1993, nunc pro tunc
March 1, 1992.
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BOARD OF COUNTY COMMISSIONERS
ATTEST: WEL COUNTY, COLORADO
Weld County lerk/Jtto the Board
BY.�/ / ' Constance L. Harbert, Chairman
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Deputy Clerk to the Bo W. H. e� Pro-Tem
APP AS TO FORM: �^ �A r 27
eorge E: Baxter
County Attorney Dale K. Hall
arbara J. Kirkmeye
930375
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LEASE
This Lease is made this (P�'' day of P , 1993,
between MOUNTAIN VIEW FIRE PROTECTION DISTRICT, Lessor, and WELD
COUNTY BOARD OF COUNTY COMMISSIONERS and WELD COUNTY SHERIFF
DEPARTMENT, Lessee.
IN CONSIDERATION of the payment of the rent and the performance of
the covenants and agreements by the Lessee set forth below, the
Lessor does hereby lease to the Lessee the following described
premises situate in the County of Weld, State of Colorado, the
address of which is 10971 Weld County Road 13, Longmont, Colorado
80504 , described as follows :
The two offices in the Northwest Corner of the building
located at 10971 Weld County Road 13, Longmont, Colorado
80504 , and to include access to the restroom and shower
area . Total square footage is approximately 320 square
feet .
TO HAVE AND TO HOLD the same with all the appurtenances unto the
said Lessee from twelve o' clock noon on the 1st day of March, 1992,
and until twelve o ' clock noon on the 31st day of December, 1993, at
and for a rental for the full term of $1, 650 . 00, payable in monthly
installments of $75 . 00 per month, in advance, on or before twelve
o ' clock noon on the first day of each month during the term of this
lease, at the office of the Lessor located at 700 Weaver Park Road,
Longmont, Colorado 80501 .
The Lessee, in consideration of the leasing of the premises agrees
as follows :
1 . To pay the rent for the premises above-described.
2 . To keep the improvements upon the premises, in good
repair, and at the expiration of this lease to surrender the
premises in as good a condition as when the Lessee entered the
premises, loss by fire, inevitable accident, and ordinary wear
excepted. To keep the premises in a clean and sanitary condition
as required by the ordinances of the city and county in which the
property is situate.
3 . To sublet no part of the premises, and not to assign the
lease or any interest therein without the written consent of the
Lessor.
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930375
4 . To use the premises only as a Weld County Sheriffs
Department substation, and to use the premises for no purposes
prohibited by the laws of the United States or the State of
Colorado, or of the ordinances of the county and city or town in
which said premises are located, and for no improper or
questionable purposes whatsoever, and to neither permit nor suffer
any disorderly conduct, noise or nuisance having a tendency to
annoy or disturb any persons occupying adjacent premises .
5 . To neither hold nor attempt to hold the Lessor liable for
any injury or damage, either proximate or remote, occurring through
or caused by the repairs , alterations, injury or accident to the
premises, or adjacent premises , or other parts of the above
premises not herein demised, or by reason of the negligence or
default of persons not a party to this lease; 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 in or
changes in, upon, or about said premises without first obtaining
the written consent of the Lessor therefor, but to permit the
Lessor to place a "For Rent" card or sign upon the leased premises
at any time after sixty ( 60) days before the end of this lease.
Notwithstanding the foregoing, each party shall remain liable for
any injury or damage, either proximate or remote, caused by the
negligence of the party, its agents, officers or employees .
6 . To allow the Lessor to enter upon the premises at any
reasonable hour.
7 . Lessor shall pay all charges for water and water rents
and for heating, air conditioning, and lighting of the building in
which said premises are located.
IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN THE LESSOR AND LESSEE
AS FOLLOWS:
8 . No assent, express or implied, to any breach of any one
or more of the agreements hereof shall be deemed or taken to be a
waiver of any succeeding or other breach.
9 . If, after the expiration of this lease, the Lessee shall
remain in possession of the premises and continue to pay rent
without a written agreement as to such possession, then such
tenancy shall be regarded as a month-to-month tenancy, at a monthly
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930375
rental, payable in advance, equivalent to the last month' s rent
paid under this lease, and subject to all the terms and conditions
of this lease.
10 . If the premises are left vacant and any part of the rent
reserved hereunder is not paid, then the Lessor may, without being
obligated to do so, and without terminating this lease, retake
possession of the said premises and rent the same for such rent,
and upon such conditions as the Lessor may think best, making such
change and repairs as may be required, giving credit for the amount
of rent so received less all expenses of such changes and repairs,
and the Lessee shall be liable for the balance of the rent herein
reserved until the expiration of the term of this lease.
11 . If any part of the rent provided to be paid herein is not
paid when due, or if any default is made in any of the agreements
by the Lessee contained herein, it shall be lawful for the Lessor
to declare the term ended, and to enter into the premises, either
with or without legal process , and to remove the Lessee or any
other person occupying the premises, using such force as may be
necessary, without being liable to prosecution, or in damages
therefor, and to repossess the premises free and clear of any
rights of the Lessee. If, at any time, this lease is terminated
under this paragraph, the Lessee agrees to peacefully surrender the
premises to the Lessor immediately upon termination, and if the
Lessee remains in possession of the premises , the Lessee shall be
deemed guilty of forcible entry and detainer of the premises, and,
waiving notice, shall be subject to forcible eviction with or
without process of law.
12 . In the event of any dispute arising under the terms of
this lease, or in the event of non-payment of any sums arising
under this lease and in the event the matter is turned over to an
attorney, the party prevailing in such dispute shall be entitled,
in addition to other damages or costs, to receive reasonable
attorney' s fees from the other party.
13 . In the event any payment required hereunder is not made
within ten ( 10 ) days after the payment is due, a late charge in the
amount of five percent ( 5%) of the payment will be paid by the
Lessee.
14 . In the event of a condemnation or other taking by any
governmental agency, all proceeds shall be paid to the Lessor
hereunder, the Lessee waiving all right to any such payments .
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930375
15 . This lease is made with the express understanding and
agreement that, in the event the Lessee becomes insolvent, or is
declared a bankrupt, then, in either event, the Lessor may declare
this lease ended, and all rights of the Lessee hereunder shall
terminate and cease.
16 . This agreement is not intended to benefit any 3rd party
to this agreement nor is it intended to waive any privileges or
immunities the parties or their officers, agents or employees may
possess .
17 . ADDITIONAL PROVISIONS .
A. Lessee agrees at all times to allow Mountain View
Fire Protection District personnel , including volunteer
firefighters , to enter upon the premises adjacent to the lease
premises , for the purposes of responding to calls, use of the
facilities, and for any other Fire District use.
B. Lessee ' s use of the premises shall be limited to
those described above, and shall not be allowed the use of the
adjacent Fire District premises, unless prior verbal consent is
obtained from the District Fire Chief or his designee, which
consent shall not be unreasonably denied . Lessee shall seek
consent 24 hours in advance of the intended use except in emergency
circumstances . Lessee ' s use of the adjacent premises shall be
subject at all times to the emergency use by Lessor (and its agents
and employees ) . In the event of such emergency use by Lessor,
Lessee shall promptly suspend all activities to allow for the
response of Lessor to the emergency including, but not limited to,
assembly of responders and removal of equipment. Lessee ' s use
shall not block or interfere with the egress and ingress of
Lessor' s emergency response vehicles .
C. Lessee agrees that the premises shall be used as an
administrative sheriff substation only, and not for the
incarceration of individuals that may have broken the law.
D. To the extent permitted by law, Lessee shall
indemnify, save and hold harmless Lessor, its employees, and
agents , against any and all claims, damages, liability and court
awards , including costs and expenses and attorneys fees, incurred
as a result of any act or omission by Lessee, its employees , and
agents, pursuant to the permitted activities under this lease.
This provision is expressly intended to include, but is not limited
to, those claims which may be asserted against Lessor by any person
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930375
under the "dangerous condition of a public building" exception to
the Colorado Governmental Immunity Act, Section 24-10-101, et seq. ,
C.R.S . , when such dangerous conditions result from the acts and/or
omissions of Lessee.
E . Except as specifically provided in paragraph D, this
lease shall not be construed as a waiver, express or implied, of
any of the immunities, rights, benefits , defenses or protections
afforded either party under the Colorado Governmental Immunity Act,
Section 24-10-101 , et seq. , C.R.S . , as may be amended.
18 . Any written notice required to be given under this
agreement shall be delivered to the Lessor at : Mountain View Fire
Protection District, 700 Weaver Park Road, Longmont, Colorado
80501, lessee at : Weld County Sheriff, P.O. Box 759, Greeley,
Colorado 80632, and Weld County Board of County Commissioners,
P.O. Box 758 , Greeley, Colorado 80632 .
THIS LEASE shall be binding on the parties, their heirs,
personal representatives, successors and assigns .
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930375
LESSOR: LESSEE:
MOUNTAIN VIEW FIRE WELD COUNTY SIERIFF ' S DEPT.
PROTECTION DISTRICT
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ATTEST:
BY Kd % WELD COUNTY BOARD OF COUNTY
Bogrd Se y COMMISSIONERS
Chairman 0lkk3
ATTEST: 04%
Rev. 3/35/93
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