HomeMy WebLinkAbout972261.tiff RESOLUTION
RE: APPROVE LEASE WITH WOLFE AND SCHEERE, LLC, 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 Wolfe and
Scheere, LLC, commencing January 1, 1998, and ending December 31, 1998, 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, 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 20th day of October, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C7°RADO
ATTEST: if et alf fr,R,i\. , , r
i 1EC .r� -4:a George t Baxter, Chair
Weld Co y olerl( tti .1
` xtrar...,.......22 ,7t52 .......y
NOJ ,/ ^ �, onstance L. Harbe , Pro- em
BY: /i U►�lll ��.,rl�-<<.
Deputy Clerk a ee :oard
"Ba1E1'Hall
APP AS TO F RM: EXCUSED
Barbara J. Kirkmeyer
ounty�r ey `--f� EXCUSED
W. H. Webster
972261
GG : 4W) F/) tvz)/b 75-eitiere_ PR0014
LEASE
THIS LEASE, made and entered into this /L/ day of October, 1997, 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, 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, 1998, to and until December 31, 1998, at and for a rental, for the full term
aforesaid, of$8,040.00, payable in monthly installments of$670.00 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 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;
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 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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972261
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 of 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;
i. 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;
1. 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 and 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;
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;
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9'7226'1
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 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.
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 forceable detainer of said premises under the statute, hereby
waiving all notice, and shall be subject to eviction and removal, forceably 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.
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JAIh?r1
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first written above.
LESSOR:
ATTEST: T ��
F" �,-������ COUNTY OF WELD, STATE OF
�;, ,),, �i V. i' COLORADO by and through
pp • • w the Board of County Commis-
Weld Courp, ecJK ���; 8„ . f sioners of the County of Weld
111,
. � By:A-,- /2 ABY: ,_,.i � .^ ;
DeputyCn tfinkrioard Baxter, Chairman
(10/20/97)
LESSEE:
WOLFE
/& SCHEERE, LLC
G7
B • /
Cindy LaVon Wolfe, Member
By:41 h Lc t>e'O 30keil k
Connie Lou Scheere, Member
STATE OF COLORADO )
County of Weld ) ss.
)
The forgoing instrument was acknowledged before me this /y day of October, 1997,
by Cindy LaVon Scheere, Member, and Connie Lou Scheere, Member, WOLFE & SCHEERE,
LLC.
Witness my hand and official seal. a
Notary Public �
My commission expires:
MY COMMISSION EXPIRES JUNE 8, 1992
M\WPFTLES\LEASE\WINCUR BTB
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