HomeMy WebLinkAbout951925.tiffRESOLUTION
RE: APPROVE LEASE WITH WINONA'S SUB SHOP, INC., 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 between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and Winona's
Sub Shop, Inc., commencing January 1, 1996, and ending December 31, 1996, 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 Lease between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and Winona's Sub Shop, Inc., 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 18th day of September, A.D., 1995.
Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELQ COUNTY, COI(iORAgO
,2( i
Dale K. Hall, Chairman
/ -/ %'
/n CM 'Y-'Baram J. Kirkmeyp Py6 Tem % ell .E. Baxter
the Board
FXC:l1SFr)
'Georg
Constance L. Harbert
W. H. Webster
GC : fit F/Gc`nnmnefis
951925
PR0012
LEASE
THIS LEASE, made and entered into this 4,711' day of September, 1995, by and between
THE COUNTY OF WELD, by and through the Board of County Commissioners of the County of
Weld, 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Lessor," and
WINONA'S SUB SHOP, INC., 930 Ninth Avenue, Greeley, Colorado 80631, 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 -
Commercial space of approximately 1650 square feet located at 928-930 Ninth Avenue, Greeley,
Colorado 80631.
TO HAVE AND TO HOLD the same with the appurtenances unto Lessee from the first day
of January, 1996, to and until December 31, 1996, at and for a rental, for the full term aforesaid,
of $7,500 payable in monthly installments of $625 per month, in advance, on or before the first day
of each calendar month during said term at the office of the Lessor.
Furthermore, the Lessee, in consideration of leasing the 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; it is understood the Lessor is maintaining
glass insurance and will be responsible for losses covered thereby;
C. To sublet no part of said premises, nor assign this Lease or any
interest herein, without the prior written consent of the Lessor which
consent shall not be unreasonably withheld;
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 City
of Greeley or 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;
951925
PR0012
LEASE - WINONA'S SUB SHOP
PAGE 2
To keep said premises clean and in the sanitary condition required
by the Ordinances and the Health and Police Regulations of the City
of Greeley and/or the County of Weld;
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;
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;
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;
1. To permit the Lessor to place a "For Rent" upon said premises at
any time after thirty days before the end of this Lease;
K. To allow Lessor at any reasonable hour of the day to enter into or
upon and go through and view said premises;
L To occupy the same as a retail food serving and restaurant type
business.
Furthermore, the parties hereto agree as follows:
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, that all charges for lighting 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;
951925
PR0012
LEASE - WINONA'S SUB SHOP
PAGE 3
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 if, after the expiration of this Lease, the Lessee shall remain in
possession of said premises and continue to pay rent without written
agreement as to such possession, then Lessee shall be regarded as
a tenant from month -to -month at a monthly rental, payable in
advance, equivalent to the last monthly installment hereunder and
subject to the terms and provisions of this Lease;
4. That in case said premises are left vacant and any part of the rent
therein reserved to be unpaid, then the Lessor may, without being
obligated to do so and without terminating this Lease, retake
possession of said premises and rent the same for such rent and
upon such conditions as the Lessor 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 Lessee shall be liable for the balance of the rent herein
reserved until the expiration of the term of this Lease.
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 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 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.
951925
PR0012
LEASE - WINONA'S SUB SHOP
PAGE 4
This Lease is made by and between the parties hereto with the express understanding and
agreement that in the event Lessee becomes insolvent or is declared bankrupt, then, in either
event, the Lessor may declare this Lease ended, and all rights to Lessee hereunder shall
thereupon terminate and cease.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first written above.
"
om,Ott�Y
Mt Clerk to the Board
1 *�
eputy CI
to the Board
LESSOR:
COUNTY OF WELD, by and through the
Board of County Commissioners
Dale K. Hall, hair
LESSEE:
an
WINONA'S SUB SHOP, INC.
. a By: i�w/Ei
Step anie K. Eberhart,
t, Y President
'•
4.'..i.
••_F^ I) $U,BaiD AND SWORN to before me this /,,? day of September, 1995.
WITNESS(My hand and official seal.
My commission expires: 7�
Notary Public
915 10th St., Greeley., CO 80631
951925
PR0012
Hello