HomeMy WebLinkAbout982027.tiff RESOLUTION
RE: APPROVE LEASE WITH WEST GREELEY SOIL CONSERVATION DISTRICT AND
AUTHORIZE CHAIR 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 the
West Greeley Soil Conservation District to lease a portion of the Weld County road grader and
maintenance property located at 24852 1st Street, Galeton, Colorado, 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 the West Greeley Soil
Conservation District 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 21st day of October, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1Zaseer
�—i ATTEST:
Constance L. Harb rt, Chair
Weld County Clerk ( Qh'.
1 ,
��- � - I ' �P
'J"I( W. H. ester, ro-Tem
Deputy Clerk to the : � 74—
. Baxter
APP ORM:
Dale K. Hall y//
y A or ey IGeka— .,&i z„_,
arbara J. Kirkmeyer
982027
de u/GS6 PR0015
LEASE
THIS LEASE, made and entered into this 13thday of oc&ber , 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 the WEST GREELEY SOIL CONSERVATION DISTRICT, 4302
West 9th Street Road, Greeley, Colorado 80634, hereinafter referred to as "Lessee."
WINES SETH:
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
Premises situated in the County of Weld and in the State of Colorado, to-wit: an area
approximately one and one-half(11/2) to two (2) acres in size, on the south east corner of property
owned by Lessor and used as a Weld County road grader maintenance building, located at 24852
1st Street, Galeton, Colorado, hereinafter referred to as the "Premises."
TO HAVE AND TO HOLD the same with the appurtenances unto Lessee from the 1st
day of October, 1998, to and until I odober .2o9.3 , at and for a rental, for the full term
aforesaid, of$10.00 per year, payable at the office of the Lessor. The Lessor and the Lessee shall
have the right to terminate this Lease at any time during the term herein stated for any reason
upon written notice of such termination delivered to the other party at least one-hundred twenty
(120) days prior to the date of termination.
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 for the storage of Lessee's
equipment;
e. To keep said Premises clean, and in the sanitary condition required by the
Lessor;
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 injury or accident
to the Premises by reason of the negligence, default, or omission of the Lessor or
Page 1 of 5 Pages
98°7oa7
its officers, employees, or agents.
Furthermore,the parties hereto agree as follows:
1. That all costs for utilities used by the Lessee, including, but not limited to, water ,
sewer, electric, and propane for the Premises shall be paid for 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 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
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 directional sign on the perimeter
of the Premises.
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 property by the
Lessee, for the Lessees's personal property, including Lessee's equipment, and for
third-party liability.
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, operational
interruption, incurred by Lessee as the result of fire, flood, inclement weather, or
other casualty.
8. That Lessee shall utilize the existing access to WCR 51. No new accesses to the
Premises shall be granted.
9. That Lessee shall be responsible to keep the Premises in a clean and tidy
Page 2 of 5 Pages
930,27
condition.
10. 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.
11. That parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or employees,
hereto. This Intergovernmental Agreement embodies all agreements between the
parties hereto and there are no promises, terms, conditions, or obligations
referring to the subject matter whereof other than as contained herein.
12. If any term or provision of this Lease, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder
of this Lease, or the application of such terms or provisions, to a person or
circumstances, other than those as to which it is held invalid or unenforceable,
shall not be affected, and every other term and provision of this Lease shall be
deemed valid and enforceable to the extent permitted by law.
13. No portion of this Lease shall be deemed to constitute a waiver of any immunities
the parties or their officers or employees may possess, nor shall any portion of this
Lease be deemed to have created a duty of care which did not previously exist
with respect to any person not a party to this Lease.
14. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Lease, and all rights of action relating to such enforcement, shall
be strictly reserved to the undersigned parties, and nothing in this Lease shall give
or allow any claim or right of action whatsoever by any other person not included
in this Lease. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Lease
shall be an incidental beneficiary only.
15. The Lessor shall relocate its improvements built on the Premises at its sole
expense, if the Lessor requires such relocation because of Lessor's use of the
property surrounding the Premises as a County road maintenance site.
16. That the Lessee understands and acknowledges that the property surrounding the
Premises shall be used by the Lessor throughout the term of this Lease as a
County road maintenance site, for the express purpose of storing a road grader and
maintenance of said grader.
Page 3 of 5 Pages
98";.0,27
IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties herein
that 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
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:
ATTEST: I / I / / a COUNTY OF WELD, STATE OF
COLORADO by and through
Q the Board of County Commissioners of
Weld County Cl, to . , the County of Weld
By: r. r By:
Deputy Clerk t�>ty ��� Constance L. Harbert, Chair (10/21/98)
Page 4 of 5 Pages
WdO ,2
LESSEE:
WEST GREELEY SOIL CONSERVATION
DISTRICT,
By: i / •
STATE OF COLORADO )
County of Weld ) ss.
)
The forgoing instrument was acknowledged before me this irday of pa tcrA 8 ,
1998, by 'yvv.e .....1 C.. Shn..F West Greeley Soil Conservation District.
Witness my hand and official seal.
Notary{� --P e b lic
My commission expires: 1l%M 9 9
u",p,ekla4!itimm ,,
ID
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,..:„„,,,..It
Page 5 of 5 Pages
98a.oa'7
(it LH-. OFFICE OR COUNTY ATTORNEY
PHONE (970) 3564000 EXT.4391
FAX 42
915 TENTH STREET
STREET
P.O. BOX 1948
GREELEY, CO 80632
"ilk
September 22, 1998
P
COLORADO
ocr l 6
19,9 8 i r Mike Shay
West Greeley Soil Conservation District A , ,i
4302 W. 91h Street Road ` r
Greeley, CO 80634
RE: Lease for Property in Galeton, Colorado
Dear Mike:
Enclosed are two originals of the Lease for the property in Galeton, Colorado. he Lease is
between the West Greeley Soil Conservation District and the County of Weld. made the
changes you suggested. It is my understanding that you will ask that the Soil C reservation
District approve and sign the original leases, then send them to my office at: 91 Tenth Street,
P.O. Box 1948, Greeley, Colorado 80632. When you send the originals back t my office they
will include a date in the blank on page one.
If you should have any questions or comments regarding the enclosed or this letter, please feel
free to call me at(970) 356-4000, extension 4390.
Sincerely;
1 _2
'$ruce T. B er
Weld Coun y Attorney
BTB/db:Let/Galeton
Enclosures
pc: Don Warden
Dave Becker
982027
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