HomeMy WebLinkAbout981234.tiff RESOLUTION
RE: APPROVE LEASE AND AUTHORIZE CHAIR TO SIGN -WOLFE AND SCHEERE,
LLC, DBA WINONA'S DELI
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
Wolfe and Scheere, LLC, dba Winona's Deli, 915 10th Street, Greeley, Colorado 80631,
commencing September 1, 1998, and ending August 31, 2002, 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 Wolfe and Scheere, LLC,
dba Winona's Deli, 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 15th day of July, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �:��.� �� �. EXCUSED DATE OF SIGNING
Constance L. Harbert, Chair
''4410
Weld County Clerk Ail
O ,t Ole ll'aj?
i .- �n► �� W. H. ebster, Pro-Tem
BY:
Deputy Clerk tot le.'ctr
• eorg . Baxter
AP A FORM:
Dale K. Hall
untyitory(e' EXCUSED DATE OF SIGNING
Barbara J. Kirkmeyer
/ 981234
6CPR; 6l41 �N. a'.,Jelettt. PR0015
LEASE
THIS LEASE, made and entered into this 1st day of September, 1998, by and between
THE COUNTY OF WELD, State of Colorado, 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 WOLFE & SCHEERE, LLC, d/b/a Winona's Deli, 915 Tenth Street,
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 known commonly as the "Second Floor Centennial Complex Deli Area"
and located at 915 Tenth Street, Greeley, Colorado 80631.
TO HAVE AND TO HOLD the same with the appurtenances unto Lessee from the 1st
day of September, 1998, to and until August 31, 2002, with the option for an additional one-year
term upon the consent and agreement of both parties, at and for a rental, for the full term
aforesaid, of $2,400.00 per year, payable in monthly installments of $200.00 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 of said premises as aforesaid,
covenants and agrees as follows:
a. To pay the rent for the aforesaid premises as hereinabove provided;
b. To use ordinary care when using the improvements upon said premises;
c. To sublet no part of said premises, nor assign this Lease or any interest herein,
without the prior written consent of the Lessor;
d. To use said premises for no purpose other than conducting the business known as
"Winona's Deli;"
e. 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;
f. 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,
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alterations, injury, or accident to the premises by reason of the negligence, default,
or omission of the Lessor or its officers, employees, or agents;
g. To allow Lessor at any reasonable hour of the day to enter into or upon and go
through and view said premises, or make any reasonable repairs to the premises or
improvements or equipment therein.
Furthermore, the parties hereto agree as follows:
1. That all costs for utilities and trash removal shall be paid for by Lessor;
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 the term of this Lease, the Lessee shall desire to
remain in possession of said premises, and continue to pay rent for an additional
one-year term, this Lease shall continue for such extended term under the same
terms and conditions set forth herein;
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 anywise 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.
5. That the Lessee may, at its option, place a small sign on the wall within the
Centennial Center building first floor, and two small sandwich board signs on
sidewalks outside the building, indicating that Winona's Deli is located for
business on the second floor. Lessor has exclusive right to approve or disapprove
the type and location of such signage.
6. That the Lessee shall include the Lessor, its officers and employees, as additional
named insureds on a fire, property, casualty, and liability insurance policy, at a
minimum of $600,000 coverage limit, for the operation of the deli, for the
Lessess's personal property, including Lessee's equipment, and for third-party
liability. Such insurance shall include business interruption.
7. That Lessee agrees to indemnify, save, and hold harmless Lessor from any and all
loss, injury, or damage whatsoever, including, but not limited to, business
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interruption, incurred by Lessee as the result of fire, flood, inclement weather, or
other casualty.
8. That Lessor shall own and maintain the icemaker and cooler. The Lessee shall be
responsible to own and maintain all other equipment and personal property used
by the Lessee in the operation of the deli.
9. That Lessee shall be responsible to keep the food preparation, food sales, and
eating areas of the second floor deli in a clean and tidy condition.
10. That Lessee shall not be entitled to parking spaces within the Weld County
Parking Structure or parking spaces around the Centennial Center Complex
building.
11. That Lessee may terminate and void this Lease of four (4) years upon sixty (60)
days written notice provided to Lessor at the address set forth above. Lessor may
terminate this Lease upon one-hundred twenty (120) days written notice provided
to the Lessee at the address set forth above.
12. That this Lease may not be assigned or sublet by Lessee to any other person or
entity without the express written consent of the Lessor.
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 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.
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
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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.
LESSOR:
� A11,7t)
COUNTY OF WELD, STATE OF
04/ /k` ? COLORADO by and through
� (,✓r the Board of County Commissioners of
' -fic. ,-.1'77,t : erk t the Board the County of Weld
t' ( sir i / -= By:
to the Board Constance L. Harbert, Chair
LESSEE:
WOLFE& SCHEERE, LLC, d/b/a
Winona's Deli
By• afirrlahtek
Wolfe, Member
By: /7(/
' /at Se/tem,
Connie Lou Scheere, Member
STATE OF COLORADO )
County of Weld ) ss.
)
tib
The forgoing instrument was acknowledged before me this of ,
g g g ��v
1998, by Cindy Lavon Wolfe, Member, and Connie Lou Scheere, Mem , LFE &
SCHEERE, LLC, d/b/a Winona's Deli.
z. hand and official seal. •
L.41.44.4.. ""). (6.e.__.&s.weo---,
0 •'� ••• Notary Public
Mita1
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