HomeMy WebLinkAbout981545 RESOLUTION
RE: APPROVE BUSINESS LEASE FOR STORAGE AND OFFICE FACILITIES AND
AUTHORIZE CHAIR TO SIGN - HARRY AND JANICE THOMPSON
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 Business Lease for storage and office
facilities between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and Harry and
Janice Thompson, 510 North 11th Avenue, Greeley, Colorado 80631, commencing October 1,
1998, and ending September 30, 1999, 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 Business Lease for storage and office facilities between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Human Services, and Harry and Janice Thompson, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 24th day of August, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST:
V Consta ce L. Harbert, Chair
Weld County Clerk at ��� --- 11)-0A/11
• , W. H. W bster, ro-Tem
BY: ii�
Deputy Clerk to ~ �f �} ► � J�
eorge E Baxter
PRO ED T ORM:
a . Hall
o my tt ney USED
Barbara J. Kirkmeyer
981545
S " ` iompSon HR0069
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL COUNSEL BEFORE SIGNING
D- BUSINESS LEASE ,\ (� '""�'�� y�
This lease,dated 1 I �T/ I ` 9 V ,is between I1 4'r r � ` . 1 l o M 1s o,`
t "\C\ . \ho 1 3 O r/ ,as Landlord,
and }lr‘` C••J)VLSI'
I V 15-k vv Q\ ' S+ \-74 46 Qo\ Cs .as Tenant.
In consideration of the payment of the rent and the performance of the covenants and agreements by the Tenant set forth herein,
the Landlord does hereby lease to the Tenant the following described premises situate in ti)Ca \ (��
County,in the State of Colorado;the address of which is3 ` 7( \\\ - ` \ Ck V ._ V r 1� Cc
Property Add ss/ \
8 31 . Lcfis 31 Tha "Blot-lc 32 11CAa o►� rtk
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a�a \\ ;� . ' C:tk V` \yLeBal Descripnokc ` —}.w JA CAI
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Said premises,se with
all theappurtenances,s,are ar leased to the Tenant from the date of OC b `j ` I ' ( AI C ,
until the date of.. ,Qp 1 30 ' clil \ \ at and for a rental for the full term of$ ' o � 000 •a 0 ,
payable in monthly installments of$ r OQ d P Ake Mt) rstk_
in advance,on the ) -Cr
day of each calendar (month during the term ofthis lease,payable at` „b t\ / OA, S
(�al' a1�. N oor 5 ( 0 N . ( 1 00142_ GI' , .(5D U&3 ,withoutnotice.
Address
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS FOLLOWS:
I. The Tenant shall pay the rent for the premises above-described.
2. The Tenant shall,at the expiration of this lease,surrender the premises in as good a condition as when the Tenant entered the premises,
ordinary wear and tear excepted.The Tenant shall keep all sidewalks on and around the premises free and clear of ice and snow;keep the entire
exterior premises free from all litter,dirt,debris and obstructions;and 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. The Tenant shall not sublet any part of the premises,—1 nor assign the lease,or any interest therein,without the written copse t of the
Landlord. Star O r C C "1 t3 C \(A -n-o c•l\ 14\
4. The Tenant shall use the premises only as \ \ \� \ 1
and shall not use the premises for any purposes prohibited bythe
laws of the United States or the State of Colorado,or of the ordinances of the city or town in which said premises are located,and shall neither
permit nor suffer any disorderly conduct,noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises.
5. The Tenant shall neither hold,nor attempt to hold,the Landlord,its agents,contractors and employees,liable for any injury,damage,
claims or loss to person or property occasioned by ahy accident,condition or casualty to,upon,or about the premises including,but not limited
to,defective wiring,the breaking or stopping of the plumbing or sewage upon the premises,unless such accident,condition or casualty is directly
caused by intentional or reckless acts or omission of the Landlord. Notwithstanding any duty the Landlord may have hereunder to repair or
maintain the premises,in the event that the improvements upon the premises are damaged by the negligent,reckless or intentional act or omission
of the Tenant or any employees,agents,invitees,licensees or contractors,the Tenant shall bear the full cost of such repair or replacement.The
Tenant shall hold Landlord,Landlord's agents and their respective successors and assigns,harmless and indemnified from all injury,loss,claims
or damage to any person or property while on the demised premises or any other part of Landlord's property,or arising in any way out of Tenant's
business, which is occasioned by an act or omission of Tenant, its employees, agents, invitees, licensees or contractors. The Landlord is not
responsible for any damage or destruction to the Tenant's personal property.
6. The Tenant shall 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 Landlord.
7. The Tenant shall obtain and keep in full force,at Tenant's expense,fire and liability insurance as may be reasonably required by the
Landlord.Tenant shall provide copies of such insurance policies upon the Landlord's request.
8. The Tenant shall permit the Landlord to place a"For Rent"sign upon the leased premises at any time after sixty(60)days before the
end of this lease.
9. The Tenant shall allow the Landlord to enter upon the premises at any reasonable hour.
IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LANDLORD AND TENANT AS FOLLOWS:
1O. The Tenant shall be responsible for paying the following: %Electric '$Gas )(Water yewer XPhone )(Refuse Disposal
*Janitorial Services ❑Other
The ❑Landlord Tenant agrees to keep all the improvements upon the premises, including but not limited to,structural components,
interior and exterior lls,floors,ceiling,roofs,sewer connections,plumbing,wiring and glass in good maintenance and repair at their expense.
In the event the Landlord is responsible for repair of the premises,the Tenant shall be obliged to notify the Landlord of any condition upon the
premises requiring repair and the Landlord shall be provided a reasonable time to accomplish said repair.
II. No assent,express or implied,to any breach or default of any one or more of the agreements hereof shall be deemed or taken to be a
waiver of any succeeding or other breach or default.
12. If,after the expiration of this lease,the Tenant shall remain in possession of the premises and continue to pay rent without a written
agreement as to such possession,then such tenancy shall be regarded as a month-to-month tenancy,at a monthly rental,payable in advance,
equivalent to the last month's rent paid under this lease,and subject to all the terms and conditions of this lease.
13. If the premises are left vacant and any part of the rent reserved hereunder is not paid,then the Landlord may,without being obligated to
do so,and without terminating this lease,retake possession of the said premises and rent the same for such rent,and upon such conditions as the
Landlord may think best,making such changes and repairs as may be required,giving credit for the amount of rent so received less all expenses of
such changes and repairs,and the Tenant shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease.
I
14. The Landlord acknowledges receipt of a deposit in the amount of$ 0 D O . O O to be held by the Landlord for the faithful
performance of all of the terms,conditions and convenants of this lease.The Landlord may apply the deposit to cure any default under the terms
of this lease and shall account to the Tenant for the balance.The Tenant ay not apply the deposit hereunder to the payment of the rent reserved
hereunder or the performance of other obligations. 0.)qs IDS,\(� \',-, O l Ot q(9 J
No.1044.Rev.1-96. BUSINESS LEASE Copyright 1985 11TT
Bradford Publishing,1743 Wazee St.,Denver,CO 80202-(303)292-2500-7-97 q i 5,/s
15. If the Tenant shall be in arrears in payment of any installment of.rent,or any portion thereof,or in default of any other covenants or
agreements set forth in this lease,and the default remains uncorrected for a period of three(3)days after the Landlord has given written notice
thereof pursuant to applicable law,then the Landlord may,at the Landlord's option,undertake any of the following remedies without limitation:
(a)declare the term of the lease ended;(b)terminate the Tenant's right to possession of the premises and reenter and repossess the premises
pursuant to applicable provisions of the Colorado Forcible Entry and Detainer Statute;(c)recover all present and future damages,costs and other
relief to which the Landlord is entitled;(d)pursue breach of contract remedies;and/or(e)pursue any and all available remedies in law or equity.
In the event possession is terminated by a reason of default prior to expiration of the term,the Tenant shall be responsible for the rent occurring
for the remainder of the term,subject to the Landlord's duty to mitigate such damages. Pursuant to applicable law [13-40-104(d.5),(e.5)and
13-40-107.5,C.R.S.]which is incorporated by this reference,in the event repeated or substantial default(s)under the lease occur,the Landlord
may terminate the Tenant's possession upon a written Notice to Quit,without a right to cure.Upon such termination,the Landlord shall have
available any and all of the above-listed remedies.
16. If the property or the premises shall be destroyed in whole or in part by fire,the elements,or other casualty and if,in the sole opinion of
the Landlord,they cannot be repaired within ninety(90)days from said injury and the landlord informs the Tenant of said decision;or if the
premises are damaged in any degree and the Landlord informs the Tenant it does not desire to repair same and desires to terminate this lease:
then this lease shall terminate on the date of such injury.In the event of such termination,the Tenant shall immediately surrender the possession
of the premises and all rights therein to the Landlord;shall be granted a license to enter the premises at reasonable times to remove the Tenant's
property;and shall not be liable for rent accruing subsequent to said event.The Landlord shall have the right to immediately enter and take
possession of the premises and shall not be liable for any loss,damage or injury to the property or person of the Tenant or occupancy of,in or
upon the premises.
If the Landlord repairs the premises within ninety(90)days,this lease shall continue in full force and effect and the Tenant shall not be required
to pay rent for any portion of said ninety(90)days during which the premises are wholly unfit for occupancy.
17. In the event any dispute arises concerning the terms of this lease or the non-payment of any sums under this lease,and 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
attorneys'fees from the other party.
18. 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
9 96 of the payment will be paid by the Tenant.
19. In the event of a condemnation or other taking by any governmental agency,all proceeds shall be paid to the Landlord hereunder,the
Tenant waiving all right to any such payments.
20. This lease is made with the express understanding and agreement that in the event the Tenant becomes insolvent,the Landlord may
declare this lease ended,and all rights of the Tenant hereunder shall terminate and cease.
21. The Tenant and the Landlord further agree: 1 D ^ CCQ•
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' ' P curt k g. s mute.\\ L\ 001 re t t M i x ccft
'roc *r s a retmQrs\ bt
1, e�\c\fpr a t \ upon + <trt1
Nat ba‘n°1 t a (S1
th& o-i r p a 'j •
This lease shall be subordinate to all existing and future security interests on the premises.All notices shall be in writing and be personally
delivered or sent by first class mail,unless otherwise provided by law,to the respective parties.If any term or provision of this lease shall be invalid
or unenforceable,the remainder of this lease shall not be affected thereby and shall be valid and enforceable to the full extent permitted by law.
This lease shall only be modified by amendment signed by both parties.This lease shall be binding on the parties,their personal representatives,
successors and assigns.When used herein,the singular shall include the plural.
Attest:
//,�/' /fir
Date
h' - �id� _ r eta /" / Y Date
Attest. WW`^
Date
Date
ig
GUARANTEE
Chair •
o t r } Iyt�' he pa ent of the rent and the performance of the convenants and agreements by the Tenant in the within
ATTESTleasft ��� •' .��`��
WELD CO ' i4 • un' • a j ' " ' 9ocy�S � `6 8/24/98
ignaiure Constance L. Harbert, Chair pate
BY:
ASSIGNMENT AND ACCEPTANCE
DEPUTY ioriyltrt� �.BARD
assignor,
assigns all right,title and interest in and to the within lease to
assignee,the heirs,successors and assigns of the assignee,with the express understanding and agreement that the assignor shall remain liable for
the full payment of the rent reserved and the performance of all the covenants and agreements made in the lease by the Tenant.The assignor will
pay the rent and fully perform the covenants and agreements in case the assignee fails to do so.In consideration of this assignment,the assignee
assumes and agrees to make all the payments and perform all the covenants and agreements contained in the lease and agreed to by the Tenant.
Assignor Date Assignee Date
CONSENT OF ASSIGNMENT
Consent to the assignment of the within lease to
is hereby given,on the express condition;however,that the assignor shall remain liable for the prompt payment of the rent and performance of the
covenants on the part of the Tenant as herein mentioned,and that no further assignment of said lease or sub-letting of the premises,or any part
thereof,shall be made without further written agreement.
Signature Date Signature Date
LANDLORD'S ASSIGNMENT
In consideration of One Dollar,in hand paid,I hereby assign to
my interest in the within lease,and the rent therein reserved.
Landlord Date
rcif(e MEMORANDUM
Constance L. Harbert, Chair
CTO: Board of County Commissioners DATE: August 18, 199
OFROM: Walter J. Speckman, Executive Director, Human Services
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COLORADO SUBJECT: Business Lease between the Weld County Division of
Human Services and Harry C. and Janice A. Thompson
Enclosed for Board approval is a Business Lease between the Weld County Division of Human
Services and Harry C. and Janice A. Thompson. The purpose of the Lease is to provide storage for
various Human Services programs such as Head Start and the Weld County Senior Nutrition
Program.
The storage facility is located at 310 North 11th Avenue. The terms of this Lease are for$1,500.00
per month with a 30-day notice for both parties. This Lease would begin October 1, 1998 through
September 30, 1999.
If you have questions, please telephone me at 353-3800, extension 3317.
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981545
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