HomeMy WebLinkAbout960274.tiff RESOLUTION
RE: CONSENT TO ASSIGNMENT AND ASSUMPTION OF LEASE BETWEEN WINONA'S SUB
SHOP, INC., AND STEPHANIE EBERHART AND WINONA LORANCE 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 an Assignment and Assumption of Lease
between Winona's Sub Shop, Inc., and Stephanie Eberhart and Winona Lorance, to be consented
to by the County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, and
WHEREAS, after review, the Board deems it advisable to consent to said assignment, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld
County, Colorado, be, and hereby consents to, the Assignment and Assumption of Lease between
Winona's Sub Shop, Inc., and Stephanie Eberhart and Winona Lorance.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said assignment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of February, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
�L: WELD COUNTY, COLORADO
;�
/���G%� �Barbar J. Kirkmem, Chair l//
i`(/'
i y Clerk to the Board raj
,s „� +. .tom J orge E. Baxter, Pro- e
k' puty Cle k to the Board
Dale K. Hall
AP AS TO FO l���i>_1 -i L6i,G
K Constance L. Harbert
unty Attorney _ fit%', ! i t� �9; i/;/
CW. H. Webster
n 960274
et: Fl ' /4C ; �,'inarta'geezlrnfelc/v/-sec, PR0013
ASSIGNMENT AND ASSUMPTION OF LEASE
TH SSIGNMENT AND ASSUMPTION OF LEASE entered into as of
this c/6 fY. day of February, 1996, by and between WINONA' S SUB
SHOP, . and STEPHANIE EBERHART ("Assignor") , and WINONA LORANCE
("Assignee") .
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and
sufficiency of which are hereby acknowledged, Assignor hereby
transfers, assigns and sets over unto Assignee all of the right,
title and interest of Assignor in and to that certain lease by and
between the County of Weld, State of Colorado, as Lessor, and
Winona's Sub Shop, Inc. , as Lessee, dated January 6, 1992
("Lease") .
TO HAVE AND TO HOLD the Lease, together with any security
deposit belonging to the Assignor.
Assignor hereby agrees to indemnify, defend, protect, and hold
Assignee harmless from and against any and all losses, claims,
costs, damages, liabilities and expenses (including reasonable
attorney' s fees and court costs) arising out of or in connection
with the Lease prior to, but not after, the date of this
Assignment.
Assignee hereby assumes all liabilities and agrees to perform
all obligations of the landlord under the Lease arising from and
after, but not prior to, the date of this Assignment. Assignee
agrees to indemnify and hold Assignor harmless from and against any
and all losses, claims, costs, damages, liabilities and expenses
(including reasonable attorney' s fees and court costs) arising out
of or in connection with the Lease from and after, but not prior
to, the date of this Assignment.
This Assignment and Assumption may be executed in counterparts
and such counterparts shall be construed together as one original
document.
This Assignment and Assumption shall be binding upon the
Assignor, Assignee and their respective successors and assigns.
In the event of any controversy, claim or action being filed
between the parties hereto respecting or in any way related to this
Assignment and Assumption Agreement, the prevailing party shall be
entitled to reasonable attorney fees.
ASSIGNOR:
WINONA' S SUB SHOP, INC.
By: _424" •f",, ���
Steph nie Eberhart, President
960274
Stephanie Eberhart, individually
ASSIGNEE:
"el Lcap.... .e_a2J 4`-di--(-1---<---cz-——
Winona Lorance
CONSENT
The undersigned hereby consents to the assignment of the Lease
as set forth above.
/ County of Weld, State of Colorado by
1'` ��� and through the Board of County
if/
��; r Ahelt\: Commissioners of the County of Weld
1 Weld _�bunty Clerk to the Board
/
C kCX-G! k d ! L(.e_I l.�� Byu_.s L�� .(I( .._.'' 4 i ,.�t"17'1, lCi, `_.
: Chairman 6 �,F��Iy..
2 960274
BEDII _ :FIELD & ASSOCIATE, P.C.
ATPORNEYS,AT Li&
1610 T✓IENrv-N[Nrn AVENur PLACE • SUITE 201 • GREELny, CO 80631 • 9703528673 • FAX 970-352-8683
TRANSMITTAL
TO: Mr. Don Warden REGARDING: Assignment and Assumption
Weld County Board of Commissioners of Lease
915 10th Street, Room 317
Greeley, Colorado 80631
VIA HAND DELIVERY
TRANSMITTED
( ) For Recordation and Return ( ) For Your Signature & Return
( ) For Filing in Court ( ) For your Records
( ) As Per Your Request ( X4 For signature and return
No. Copies Description
1 original Assignment and Assumption of Lease
by and between Winona's Sub Shop, Inc. and
Stephanie Eberhart and Winona Lorance
REMARKS: Mr. Warden: Thank you for your assistance in obtaining the necessary
signatures on the enclosed. Please contact this office when the document is
executed and I will arrange for it to be picked up. Thank you again, and please
don't hesitate to call with any questions!
BEDINGFIELD & ASSOCIATES, P.C.
By 111 AAGl
Deanna D r, Paralegal
DATE: February 26, 1996
960274
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