HomeMy WebLinkAbout960711.tiff RESOLUTION
RE: CONSENT TO ASSIGNMENT AND ASSUMPTION OF LEASE BETWEEN
WINONA LORANCE AND 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 an Assignment and Assumption of Lease
between Winona Lorance and Winona's Deli, Inc., commencing April 1, 1996, with further terms
and conditions being as stated in said assignment, 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 Lorance and Winona's Deli, Inc.
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 22nd day of April, A.D., 1996, nunc pro tunc April 1, 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO• Li/ /Bar/rho J. Kirkmeyerhair
1861 �o, ty Clerk to the Board
ro car y‘i Baxter, Pr -T
Deputy Cler4 o the Board
Dale K. Hall
APPR D AS TO FO M:
Constance L. Harbert
T `k/
u y Atto 1Np-`
W. H.tWebster
/+e : Pc'Lt-Int-na S 960711
FI0022
ASSIGNMENT AND ASSUMPTION OF LEASE
THIS ASSIGNMENT AND ASSUMPTION OF LEASE entered into as of this 1st
day of April, 1996, by and between Winona Lorance ("Assignor") and Winona's Deli,
Inc. ("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 Winona's Sub Shop, Inc., as Lessee, dated January 6, 1992 ("Lease").
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's fees.
ASSIGNOR: ASSIGNEE:
Winona's Deli, Inc.
Winona Lorance
1
960711
CONSENT
The undersigned hereby consents to the assignment of the Lease as set forth
e.
E IL
��
t !/ County of Weld, State of Colorado by
►' lerd and through the Board of County
' t' €O :(K�1 my Clerk to the Board Commissioners of the County of Weld
� "Cr / / / .
,
, �
�` y /, By �,i�./ �, '
1-- 7 Chair
2
960711
Hello