HomeMy WebLinkAbout961972.tiff RESOLUTION
RE: APPROVE LEASE WITH WINONA'S DELI, INC., 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 Winona's
Deli, Inc., commencing January 1, 1997, and ending December 31, 1997, 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 Deli, Inc., 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 13th day of November, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
,4 l Z 1 get
WELD COUNTY, COLORADO
s1 , ��o9�� FXC((SFII ()ATP r)F SIC;NINf (AYF
"'cr: n 6 „ll// Barbara J. Kirkmeyer, Chair
1861 s•,� el
ty Clerk to the Board y
4♦ Georgef` Baxter, Pr -Tem
Deputy Cler.'o the Board
41
Dale Hall
APP D AS M: -s1_,1
Constance L.nt Harb rt �Jpp�
o Atto ey 1C- - & I �� `�i-e-V
W. H. Webs er
961972
_e. : G1)inonetf ice/ PR0013
LEASE
THIS LEASE, made and entered into this 13th day of November, 1996, 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 DELI, 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, 1997, to and until December 31, 1997, at and for a rental, for the full term aforesaid,
of$7,800 payable in monthly installments of$650 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;
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F. 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;
G. 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;
H. 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;
J. 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:
1. 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;
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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.
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.
E ZZ LESSOR:
(ife; •
WAAHCOUNTY OF WELD, by and through the
Board of County Commissioners
1" ,= e my Clerk to the Board
• (3y. ihzeilfrt) By' ' 4 '� 1c-c< ,L
Deputy rk to the Board arbara J. Kirkme er, Chai ///3/9‘,
LESSEE:
WINONA'S DELI, INC.
By/.-Let 'Le 2-°z-4,cc—,_Q�
Winona Lorance,
President
SUBSCRIBED AND SWORN to before me this /3t day of November, 1996.
WITNESS my hand and official seal. ` :•
Notary Public
915 10th St., reel .' O 8 631
My commission expires:
961972
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