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HomeMy WebLinkAbout910544.tiff LEASE THIS LEASE, made and entered into this 64th day of June , 1991 , by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Lessor, " and Charles E. Kipp 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: The shoo building that is located at the xinwa Grader Statinn which is located at State Hwv. 52 between wCR RS and wCR R7 TO HAVE AND TO HOLD the same with the appurtenances unto Lessee from the date of the signing of this Lease to and until the date of termination of the Lessees ' s employment with Weld County, at and for a rental of $50. 00 per year payable in advance, on or before the first day of each calendar year during said term at the office of the Lessor. 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, nor allow any other persons to use premises, without the prior written consent of the Lessor; Page 1 of 4 Pages r (ti000.9 ,- 910544 N 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 County of Weld, and for no improper or questionable purpose whatsoever; 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 State of Colorado 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 allow Lessor at any reasonable hour of the day to enter into or upon and go through and view said premises; k. To vacate said premises and remove all personal property therefrom upon the termination of this Lease. 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 heating and lighting Page 2 of 4 Pages 21.0544 • 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 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, retake possession of said premises and make 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, declare this Lease to be terminated, and rent or otherwise dispose of said premises as Lessor deems fit. 4 . That Lessee shall at all times keep in force during the term of this Lease adequate property and casualty insurance in the _.. amounts of $150,000 per person, $400, 000 per occurrence. Said insurance must include "Weld County, Colorado, by and through the Board of County Commissioners of Weld County, and its employees" as Additional Named Insureds . Lessee must provide Weld County with a certificate evidencing said insurance. 5 . That this Lease may be terminated by either party hereto at any time prior to Lessee's termination of employment with Weld County, upon thirty (30) days written notice. 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 Page 3 of 4 Pages 91.0; 44 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. 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. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day and year first written above. LESSOR: ATTEST: /077/71/417WELD COUNTY, COLORADO, by and through the Board of County Clerk to the Board of County Commissioners of Weld County Commissioners of Weld County, Colorado A ,� By: s By: /zjL� Ch'd n Deputy Clerk to the B /17/gi LESSEE: By: Wjetc-ed e---4) t✓ Charles E. Kipp SUBSCRIBED AND SWORN to before me this /btXL day of tiact , 19 9/WITNESS my hand and official seal . Not Public My commission expires : a/ 9/99 lsemploy.rmm Page 4 of 4 Pages Hello