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RESOLUTION
RE: APPROVE LEASE AGREEMENT WITH COLORADO RECOVERY PROPERTIES,
LTD. V PARTNERSHIP, 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 Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Colorado Recovery Properties, LTD. V Partnership, commencing July 1,
1996, and ending October 31, 1998, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Colorado
Recovery Properties, LTD. V Partnership, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of July, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
0 Elloa`` WEITD COUNTY, COLORADO
OW jeafat // am Cti Jr��°u " Barbra J. Kirkmeyer hair
1&51
%et elriV ty Clerk to the Board C
® VIAL orgtE. Baxter, Pro- em
` 36 _ I,_ A _a . 11. a
Deputy Cler i the Board
Dale K. Hall
/PT,ED AS TO FO � s? /
Constance L. Harbert /
my Attorney �—� //J 7' _dir J
W. H. Webster
961159
PR0013
Ce L'; C/ Lib ; _ `3
LEASE AGREEMENT
This Lease Agreement, made and entered into this 1st day of July,
1996, by and between COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSHIP, 934
Pearl Street, Suite C, Boulder, Colorado 80302, (hereinafter referred to as
"Landlord") , and THE COUNTY OF WELD AS POLITICAL SUBDIVISION OF THE STATE
OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OF WELD, (hereinafter referred to as "Tenant") .
Witnesseth:
In consideration of the covenants, terms, conditions, agreements and
payments as hereinafter set forth, the parties hereto covenant and agree as
follows:
1. PROPERTY - LEASED PREMISES. Landlord hereby leases unto Tenant the
following described premises:
Suite # 202 of that certain building located at 710 llth Avenue,
Greeley, Weld County, Colorado and known as the Greeley Building
(hereinafter referred to as "Leased Premises") , together with the non-
exclusive right, subject to the provisions hereof, to use all
appurtenances thereto, including, but not limited to, any plazas,
common areas, or other areas on the premises designated by Landlord
for the exclusive or non-exclusive use of the tenants of the building;
the leasing of which shall be subject to the terms of this Lease. The
building, plazas, common areas, other areas and appurtenances, plus
the real property on which the same is situated are hereinafter
collectively sometimes called the "Building Complex" .
2 . TERM. The term of this Lease shall commence at 12 : 00 a.m. on the 1st
day of July, 1996, and unless terminated as herein provided for shall
end at 11: 59 p.m. on the 31st day of October, 1998 .
3 . SECURITY DEPOSIT. It is agreed that Tenant, concurrently with the
execution of this Lease, has deposited with Landlord, and will keep on
deposit at all times during the term hereof, the sum of Eight Hundred
and Ninety Five & no/100 Dollars ($895. 00) , the receipt of which is
hereby acknowledged, as security for the payment by Tenant of the rent
herein agreed to be paid and for the faithful performance of all the
terms, conditions and covenants of this Lease. Landlord shall have
the right to commingle said deposit with other funds of Landlord. If
Tenant shall fully and faithfully perform all of its obligations under
this Lease, said deposit or balance of deposit shall be returned to
Tenant at the expiration of the term of this Lease, or after Tenant
has vacated the Leased Premises, whichever is later, provided that
Landlord may retain said deposit until such time as any amount due
from Tenant has been paid in full .
4 . RENT. Tenant shall pay to Landlord, at the address of Landlord as
-herein set forth, or to such other persons or at such other places in
the United States as directed from time to time by notice to Tenant
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from Landlord the base rent (hereinafter referred to as "Base Rental")
of Twenty Five Thousand Five Hundred and Ten & no/100 Dollars
($25, 510. 00) in monthly installments as follows:
Period Monthly Installment
July 1, 1996 through December 31, 1997 $ 895. 00
January 1, 1998 through October 31, 1998 940. 00
Each monthly installment shall be payable in advance, in currency of
the United States, promptly on the first day of every calendar month
during the term of this Lease. Tenant states that at the date of
signing of this Lease, it has funds on hand sufficient in amount to
pay the rent in full for this Lease and thereby complies with the
requirements of Article 10, Section 20 of the Colorado Constitution.
5. LATE CHARGE. In addition to any and all other remedies hereunder,
Landlord shall be entitled to collect interest from Tenant on all
rents or other amounts due hereunder, and on all amounts paid on
Tenant's behalf by Landlord (all of which shall be deemed Additional
Rent) at the rate of twelve percent (12%) per annum from the tenth
(10th) day after the due date therefor until received by Landlord. In
addition, Tenant shall pay Landlord a late charge equal to the greater
of Thirty-Five Dollars & No/100 ($35. 00) or five percent (5%) of any
installment of rent or Additional Rent not paid within ten (10) days
after the date it is due.
6. USE OF LEASED PREMISES. Tenant covenants to use the Leased Premises
subject to and in accordance with all applicable zoning and other
governmental regulations. Tenant shall conform to all present and
future laws and ordinances of any governmental authority having
jurisdiction over the Leased Premises. Tenant shall not cause any
accumulation of trash or debris on the Leased Premises or any other
portion of the Building Complex of which the Leased Premises are a
part. No storage of any material outside of the Leased Premises shall
be allowed unless first approved by Landlord in writing, and then in
only such areas as are designated by Landlord. Tenant shall not
commit or suffer any waste on the Leased Premises nor shall Tenant
permit any nuisance to be maintained on the Leased Premises or permit
any disorderly conduct, or other activity which would reasonably tend
to annoy or disturb any occupants of any part of the Building Complex.
Tenant will not materially interfere with the conduct of the business
of the other tenants in the Building Complex.
7. ACCEPTANCE OF LEASED PREMISES. Subject to Landlord's representations
to Tenant as set forth herein, Tenant accepts the Leased Premises and
the rest of the Building Complex from Landlord in "as is - where is"
condition, as being adequate in the present condition, including,
without limitation, the existing heating, air conditioning and
lighting systems.
8 . PARKING. Tenant shall have the right to use, without additional cost,
INIT!AtVo (2) parking space(s) in the "reserved for tenant" section of the
ITenant parking lot, located on the north of the Building Complex, on an
ie\c1
' Landlord 2 961159
availability basis only. Tenant, its agents, contractors, employees
and invitees agree to obey and abide by all rules and regulations as
established, modified, or amended from time to time by Landlord for
the safety, protection, cleanliness, preservation of order and for
other purposes in connection with such parking spaces, ingress and
egress and other automobile and pedestrian use of said property.
Landlord shall not be responsible to Tenant, its agents contractors,
employees or invitees for any other tenant, visitor or user of said
parking space.
9 . SIGNAGE. No signs or advertisement shall be placed or printed upon
the outer walls, doors, windows, roof or land area of which the Leased
Premises are a part except those signs located as Landlord approves in
writing prior to installation. All signage is subject to all
applicable codes and ordinances at Tenant's risk and expense.
10. MAINTENANCE AND REPAIRS. Unless occasioned by Tenant's default, or by
fault of Tenant's agents, contractors, employees or invitees, Landlord
shall maintain those portions of the Building Complex not required to
be maintained by Tenant or others, keeping them in good order,
condition and repair, including without limitation the roof and
structural portions and heating, ventilating, and air conditioning
systems of the Building Complex. Landlord's responsibility to
maintain and repair shall also include, but not necessarily be limited
to, the following:
(a) Replacement of light bulbs.
(b) The maintenance and repair of the basic electrical service of the
Leased Premises which shall include the circuit breakers, wiring,
plugs, switches and other electrical fixtures that have been
previously installed in the Leased Premises. Landlord shall not
be responsible for the maintenance of electrical components,
wiring or fixtures in the Leased Premises, if any, that are
installed by Tenant or Tenant's contractor.
(c) Cleaning and maintenance of the restrooms in the Building
Complex, insuring that the toilets, sinks, floors, and walls are
cleaned prior to 8 : 00 a.m. , Monday through Friday, and that there
is always sufficient toilet tissue in the restrooms for use by
the Tenant, its agents, employees or invitees.
(d) Vacuuming the carpeted areas in the Leased Premises and emptying
the waste baskets in the Leased Premises by 7 : 00 a.m. Monday
through Friday.
Tenant shall, throughout the lease term, keep the Leased Premises free
from waste and nuisance, and shall, at the termination of this Lease,
surrender the Leased Premises in good repair and in a clean and
sanitary condition, reasonable wear and tear excepted.
11. CONTROL OF COMMON AREAS. All parking areas, driveways, entrances and
INITIALexits thereto and other facilities furnished by Landlord, including
_--
Tenant loading areas, pedestrian walkways and ramps, landscaped areas,
✓ V 3 9611JJ59
stairways and other areas and improvements provided by Landlord both
inside and outside the Building Complex for the general use in common
of tenants, their employees, agents, invitees, licensees, visitors and
customers, shall be at all times subject to the exclusive control and
management of Landlord, and Landlord shall have the right at any time
and from time to time to establish, modify and enforce reasonable
written rules and regulations with respect to all such facilities.
Landlord shall have the right to change at any time and from time to
time the area, location and arrangement of parking areas and other
common areas. Landlord shall keep the sidewalks, building entrances,
and parking lots of the Building Complex reasonably clear of snow
accumulation in accordance with the reasonable standards of safety, of
Greeley public ordinances, and sound business practice. Landlord
shall plow the snow from the parking lot before 7 : 00 a.m. , Monday
through Friday, when snow accumulation exceeds three inches. Tenant
understands that the Landlord has little control over the contractor's
performance in removing snow, but the expectation of the parties is
that snow will be plowed and shoveled from time to time as may be
necessary during snow days.
12. INDEMNIFICATION AND INSURANCE.
(a) Tenant hereby indemnifies and agrees to hold Landlord harmless
from and to defend Landlord against any and all claims of
liability for any injury (including death) or damage to any
person or property whatsoever occurring in, on or about the
Leased Premises, any portion thereof, or any other portion of the
Building Complex to the extent such injury or damage arises from
negligence or intentional acts of Tenant, its agents,
contractors, employees or invitees. Tenant agrees to pay for all
damage to the Building Complex, and to tenants or occupants
thereof, arising from the negligence or intentional acts of
Tenant, its agents, contractors, employees or invitees.
(b) Neither Landlord nor its agents shall be liable for the loss or
damage to any property by theft or otherwise, by any means
whatsoever, nor for any injury (including death) or damage to
persons or property resulting from fire, explosion, falling
plaster, steam, gas, electricity, water, or rain which may leak
from any part of the Building Complex or from the pipes,
appliances or plumbing works therein or from the roof, street or
subsurface, or from any other place, or resulting from dampness
or any other cause whatsoever; provided, however, that nothing
contained herein shall be construed to relieve Landlord from
liability for any bodily injury resulting from its gross
negligence or wrongdoing, or that of its agents, servants or
employees. Tenant shall give prompt notice to Landlord in case
of fire or accidents in the Building Complex, or of defects
therein or in the fixtures or equipment.
(c) Tenant agrees to carry and maintain, for the mutual benefit of
Landlord and Tenant, during the term of this Lease and any
r"' "" ' . extension hereof, comprehensive General Public Liability
ilenani d, Insurance, including coverage for bodily injury, property damage,
U.rUh.t J
4
,�.r 961159
•
personal injury (employee and contractual liability exclusions
deleted) , owners' protective liability, and broad form property
damage coverage in an amount of One Million & No/100 Dollars
($1, 000,000. 00) single limit coverage. Tenant agrees to carry
and maintain, for the mutual benefit of Landlord and Tenant,
during the term of this Lease and any extension hereof, adequate
worker's compensation insurance. Tenant's General Public
Liability Insurance and worker's compensation insurance shall be
procured from a responsible insurance company or companies
authorized to do business in Colorado and otherwise reasonably
satisfactory to Landlord, shall name Landlord as an additional
insured and, upon request, shall also name any mortgagee of
Landlord as an additional insured or shall contain a standard,
non-contributory mortgagees' endorsement. Upon commencement of
this Lease and thereafter upon fifteen (15) days' notice of
demand therefor, Tenant shall provide Landlord with proof of
insurance coverage as required herein. If Tenant does not
provide the required proof of insurance Landlord, without being
obligated to inquire further whether there is insurance in
effect, may obtain such insurance policies as are required
hereunder and may recover the cost from Tenant as Additional
Rent.
(d) Landlord shall obtain and keep in full force and effect during
the term of this Lease a policy or policies of insurance against
loss or damage to the Building Complex providing protection
against all perils including, but not limited to, fire, extended
coverage, vandalism, malicious mischief or special extended
coverage (all risk, multi-peril) and shall keep in full force and
effect a policy for public liability and insurance for loss of
rents. In the event of a loss or claim covered by such
insurance, all proceeds shall be paid to Landlord.
(e) Landlord and Tenant hereby waive any and all rights of recovery
against the other, their officers, agents, and employees for
damage to real or personal property occurring as a result of the
use or occupancy of the Leased Premises, any portion thereof, or
any other portion of the Building Complex to the extent that
their respective insurance coverages cover such loss or claim.
Landlord and Tenant each agree that all policies of insurance
obtained by them pursuant to the provisions of this Lease shall
contain endorsements or provisions waiving the insurer's rights
of subrogation with respect to claims against the other, and each
shall notify its insurance companies of the existence of the
waiver and indemnity provisions set forth in this Lease.
13 . DAMAGE OR DESTRUCTION TO BUILDING.
(a) If the Leased Premises, a portion thereof, or any other portion
of the Building Complex shall be so damaged by fire, act of God,
or other casualty as to render the Leased Premises wholly
untenantable and if such damage shall be so great that a
competent architect, in good standing, selected by Landlord shall
I certify in writing to Landlord and Tenant within fifteen (15)
5 961159
days of said casualty that the Leased Premises, with the exercise
of reasonable diligence, cannot be made fit for occupancy within
thirty (30) working days from the happening thereof, then this
Lease shall cease and terminate from the date of the occurrence
of such damage and Tenant shall thereupon surrender to Landlord
the Leased Premises and all interest therein hereunder and
Landlord may reenter and take possession of the Leased Premises
and remove Tenant therefrom. Tenant shall pay rent, duly
apportioned, up to the time of such termination of this Lease.
If, however, the damage shall be such that said architect shall
certify within said fifteen (15) day period that the Leased
Premises can be made tenantable within said thirty (30) day
period, then, except as hereinafter provided, Landlord shall
repair the damage done with reasonable promptness.
(b) If the Leased Premises, a portion thereof, or any other portion
of the Building Complex shall be slightly damaged by fire, act of
God, or other casualty, but not so as to render the same wholly
untenantable or to require a repair period in excess of thirty
(30) days, then, Landlord, after receiving notice in writing of
the occurrence of the casualty, except as hereinafter provided
shall cause the same to be repaired with reasonable promptness.
If the estimated repair period as established in accordance with
the provisions of subparagraph (a) above exceeds thirty (30)
days, then the provisions of subparagraph (a) shall control
notwithstanding the fact that the Leased Premises are not wholly
untenantable.
(c) In case the Building Complex throughout shall be so injured or
damaged, whether by fire or otherwise (though the Leased Premises
may not be affected, or if affected, can be repaired within said
thirty (30) days) , that, within fifteen (15) days after the
happening of such injury, Landlord shall decide not to
reconstruct or rebuild said Building Complex, then,
notwithstanding anything contained herein to the contrary, upon
notice in writing to that effect given by Landlord to Tenant
within said fifteen (15) days, Tenant shall pay the rent,
properly apportioned up to such date, this Lease shall terminate
from the date of delivery of said written notice, and both
parties hereto shall be freed and discharged of all further
obligations hereunder.
(d) Provided that the casualty is not the fault of Tenant, Tenant's
agents, contractors, employees or invitees, Tenant's rent shall
abate during any such period of repair and restoration.
14 . REENTRY AND ALTERATIONS BY LANDLORD. Tenant covenants and agrees to
permit Landlord at any time to enter the Leased Premises to examine
and inspect the same or, if Landlord so elects, to perform any
obligations of Tenant hereunder which Tenant shall fail to perform or
to perform such cleaning, maintenance, janitorial services, repairs,
additions, or alterations as Landlord may deem necessary or proper for
INITIAL 3e safety, improvement, or preservation of the Leased Premises or of
Tenant--zitherportions of the Building Complex or as may be required by
'L .ncio`_ U ' 6 961159
I .ram
governmental authorities through any code, rule, regulation,
ordinance, and/or law. Landlord may enter the Leased Premises to show
the same to prospective tenants during the last sixty (60) days of the
lease term. Any such reentry shall not constitute an eviction or
entitle Tenant to abatement of rent. Landlord also reserves the right
to construct other improvements in the immediate area in which the
Leased Premises are located and to make alterations or additions
thereto, all as Landlord shall determine provided that such
alterations and/or additions do not unduly interfere with the Tenant's
use of the Leased Premises.
15. ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall not create any
openings in the roof or exterior walls, nor make any alterations,
additions or improvements to the Leased Premises without the prior
written consent of Landlord. All alterations, additions or
improvements made by Tenant shall become the property of Landlord at
the termination of this Lease; however, Tenant shall promptly remove,
if Landlord so elects, all alterations, additions and improvements and
any other property placed in the Leased Premises by Tenant, and Tenant
shall repair any damage caused by such removal and restore the Leased
Premises to its original condition, reasonable wear and tear and
damage by fire or other casualty excepted.
16. DEFAULT. The happening of any one or more of the following events
shall constitute an "event of default" :
(a) Tenant shall fail to pay any installment of rent, Additional
Rent, or other charge within ten (10) days after the due date
thereof;
(b) This Lease or the estate of Tenant hereunder shall be transferred
to or shall pass to or devolve upon any other person or party
except in the manner herein provided;
(c) This Lease or the Leased Premises or any part thereof shall be
taken upon execution or by other process of law directed against
Tenant, or shall be taken upon or subject to any attachment at
the instance of any creditor of or claimant against Tenant, and
said attachment shall not be discharged or disposed of within
thirty (30) days after the levy thereof;
(d) Tenant shall file a petition in bankruptcy or insolvency or for
reorganization arrangement under the bankruptcy laws of the
United States or under any insolvency act of any state, or shall
voluntarily take advantage of any such law or act by answer or
otherwise, or shall die, be adjudicated incompetent, be dissolved
or make an assignment for the benefit of creditors;
(e) Involuntary proceedings under any such bankruptcy law or
insolvency act or to the guardianship of Tenant shall be
instituted against Tenant, or a receiver trustee of all or
substantially all of the property of Tenant shall be appointed
� .-- - --i and such proceeding shall not be dismissed or such receivership,
bfr
u-/AM 7 961159
trusteeship or guardianship vacated within sixty (60) days after
such institution or appointment;
(f) Tenant shall fail to perform any of the agreements, terms,
covenants or conditions hereof (other than the payment of rent,
Additional Rent or other charges) on Tenant's part to be
performed;
(g) If Tenant shall abandon the Leased Premises. Abandonment shall
be presumed if Tenant or its agent fails to respond within
fifteen (15) business days to any written notice posted upon the
Leased Premises during normal business hours requesting that
Tenant contact Landlord.
17 . REMEDIES FOR DEFAULT.
(a) Upon the happening of any event of default as hereinabove
described, and after the expiration of any grace period specified
therein, then Landlord shall have the right, at its election,
then or at any time thereafter and while any such event of
default shall continue, either to re-enter the Leased Premises
without terminating this Lease and relet the same upon such terms
as Landlord deems appropriate; or, then or at a later time, to
give Tenant written notice of intention to terminate this Lease
on the date of giving notice or on any later date specified
therein, whereupon Tenant's right to possession of the Leased
Premises shall cease and this Lease shall be terminated, except
as to Tenant's liability, as if the expiration of the term fixed
in such notice were the end of the term herein originally
demised. If Landlord evicts Tenant and acquires possession of
the Premises through the court, such proceeding shall not, of
itself, work a termination of this Lease unless Landlord gives
Tenant an express notice of its intent to terminate this Lease.
(b) If Tenant abandons the Leased Premises or if this Lease is
terminated due to Tenant's default or if not terminated but
Landlord has exercised its right of re-entry hereunder, Tenant
shall remain liable to Landlord for damages in an amount equal to
the rent and other sums which would have been owed by Tenant
hereunder for the balance of the term (whether or not this Lease
has been terminated) , less the net proceeds, if any, of any
reletting of the Leased Premises by Landlord subsequent to such
termination or abandonment, after deducting all Landlord's
expenses in connection with such reletting, including, but
without limitation, lease commissions, lease concessions,
advertising, tenant finish and legal fees. Landlord shall be
entitled to collect such damages from Tenant monthly on the days
on which the rent and other amounts would have been payable
hereunder if this Lease had not been terminated or such re-entry
had not taken place, and Landlord shall be entitled to receive
the same from Tenant on each such day. Alternatively, at the
option of Landlord, in the event that this Lease is terminated or
iRLb if not terminated but Landlord has exercised its right of reentry
{Tenant I hereunder, the remaining sums owed by Tenant may be accelerated,
��1M 8 961159
and Landlord shall be entitled to recover forthwith against
Tenant, as damages for the loss of the bargain and not as a
penalty, an aggregate sum equal to the rent and all other sums
payable by Tenant hereunder which would have accrued for the
balance of the term.
(c) All costs incurred in connection with any claims pursuant to the
provisions of this Lease or to enforce any provision of this
Lease, including reasonable attorneys' fees from the date any
such matter is turned over to an attorney, shall be recoverable
by the prevailing party in the action or proceeding.
(d) No failure by either party to insist upon the strict performance
of any agreement, term, covenant or condition hereof or to
exercise any right or remedy consequent upon a breach thereof,
and no acceptance by Landlord of full or partial rent during the
continuance of any such breach, shall constitute a waiver of any
such breach or any such agreement, term, covenant or condition.
No agreement, term, covenant or condition hereof to be performed
or complied with by Landlord or Tenant, and no breach thereof,
shall be waived, altered or modified except by written and signed
instrument. No waiver of any breach shall affect or alter this
Lease; but each and every agreement, term, covenant and condition
hereof shall continue in full force and effect with respect to
any other then existing or subsequent breach. Notwithstanding
any termination of this Lease, the same shall continue in force
and effect as to any provisions hereof which require observance
or performance by Landlord or Tenant subsequent to termination.
18. DEFAULT OF LANDLORD. In the event of any alleged default on the part
of Landlord hereunder, Tenant shall give written notice to Landlord
and any mortgagee whose name and address have been supplied to Tenant,
in the manner herein set forth and shall afford Landlord and such
mortgagee a reasonable opportunity to cure any such default.
Landlord's liability under this Lease shall be limited to its interest
in the Building Complex, and under no circumstances shall any other
property of Landlord or of any owner of Landlord be available for
satisfaction of any judgment against Landlord. In no event shall
Landlord be liable to Tenant or persons claiming through Tenant for
any consequential damages, including, without limitation, lost profits
or business interruption, nor shall Landlord have any liability for
the criminal acts of third parties. If Landlord fails to cure such
default within a reasonable period of time, Landlord and Tenant may
consider this Lease to be terminated and all rents due and payable
from that time forward shall be considered forgiven by Landlord.
19 . ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or any
interest herein, or sublet all or part of the Leased Premises, without
first obtaining the prior written consent of Landlord. No assignment
or subletting shall relieve Tenant of liability under this Lease as
primary obligor and not as surety or guarantor.
RR0-ifq!RULES AND REGULATIONS. Landlord reserves the right to adopt and
fr promulgate rules and regulations applicable to the Leased Premises and
tkiU 9 961159
the land and improvements of which the Leased Premises are a part and
from time to time to amend or supplement said rules or regulations.
Notice of such rules and regulations and amendments and supplements
thereto shall be given to Tenant, and Tenant agrees to comply with and
observe such rules and regulations and amendments and supplements
thereto, provided, however, the same shall apply uniformly to all
tenants of the improvements of which the Leased Premises are a part.
21. CONDEMNATION.
(a) If, during the term of this Lease, all or a substantial part of
the Leased Premises (or if less than a substantial part of the
Leased Premises, if Tenant reasonably determines that the
remaining portion of the Leased Premises cannot be operated)
should be taken for any public or quasi-public use under any
governmental law, ordinance or regulation or by right of eminent
domain, or shall be sold to the condemning authority under threat
of condemnation, this Lease shall terminate and the rent shall be
abated during the unexpired portion of this Lease, effective as
of the date of taking of said Leased Premises by the condemning
authority.
(b) Landlord and Tenant shall each be entitled to receive and retain
such separate awards and portions of lump sum awards as may be
allocated to their respective interests in any condemnation
proceedings. The termination of this Lease shall not affect the
rights of the respective parties to such awards.
(c) If any part of the parking area should be taken as aforesaid,
this Lease shall not terminate, except that Tenant may terminate
this Lease if the parking area remaining following such taking
shall be less than thirty (300) of the parking area immediately
prior to such taking.
22 . CONSENTS AND APPROVALS . Whenever the consent or approval of Landlord
is required under any provision of this Lease, Landlord agrees not to
withhold or delay such consent or approval unreasonably. If Landlord
withholds such consent or approval, Landlord shall notify Tenant in
writing, which notice shall state the reasons therefor.
23 . NOTICE PROCEDURE. All notices, demands and requests which may or are
required to be given by either party to the other shall be in writing
and such that are to be given to Tenant shall be deemed to have been
properly given if served on Tenant or sent to Tenant by United States
certified mail, return receipt requested, properly sealed, stamped,
and addressed to Tenant at 710 llth Avenue, Greeley, Colorado, 80631,
or at such other place as Tenant may from time to time designate in a
written notice to Landlord, and, such as are to be given to Landlord
shall be deemed to have been properly given if personally served on
Landlord or if sent to Landlord, United States certified mail, return
receipt requested, properly sealed, stamped and addressed to Landlord
at 934 Pearl Street, Suite C, Boulder, Colorado, 80302 or at such
"ThAoiher place as Landlord may from time to time designate in a written
I
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Landlord
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notice to Tenant. Any notice given by mailing shall be effective as
of the date of mailing as shown by the receipt given therefor.
24. ESTOPPEL CERTIFICATE. At any time and from time to time, upon not
less than fifteen (15) days' prior written request by Landlord, Tenant
shall execute, acknowledge and deliver to Landlord, or any third party
designated by Landlord, an estoppel certificate upon the form
requested by Landlord certifying that this Lease is unmodified and in
full force and effect (or if there have been modifications, that it is
in full force and effect as modified, and stating the modification) ,
that there have been no defaults hereunder by Landlord or Tenant (or
if there have been defaults, setting forth the nature thereof) , the
date to which the rent and other charges have been paid in advance, if
any, and such other matters as are reasonably requested by Landlord.
Tenant's failure to deliver such certificate within such time shall be
deemed to be a sworn certificate by Tenant that this Lease is
unmodified and in full force and effect, that Landlord is not in
default hereunder, and that no more than one (1) month's rent has been
paid in advance.
25. QUIET ENJOYMENT. Subject to liens, covenants, easements and
restrictions of record as of the date of this Lease, Landlord agrees
to warrant and defend Tenant in the quiet enjoyment and possession of
the Leased Premises during the term of this Lease so long as Tenant
complies with the provisions hereof.
26. MISCELLANEOUS.
(a) This Lease shall be construed and enforced in accordance with the
laws of the State of Colorado.
(b) Tenant shall not record this Lease or a memorandum hereof without
the prior written consent of Landlord, which consent may be
conditioned upon receipt by Landlord of a quitclaim deed in
recordable form which Landlord may place of record upon the
termination of this Lease.
(c) This Lease may be executed in two or more duplicate originals.
Each duplicate original shall be deemed to be an original hereof,
and it shall not be necessary for a party hereto to produce more
than one such original as evidence hereof.
(d) Time is of the essence hereof.
(e) Any obligation of either party hereunder, other than payment of
money or procurement of insurance, which is delayed or not
performed due to acts of God, strike, riot, war, weather, failure
to obtain labor and materials at a reasonable cost, or any other
reason beyond the control of Landlord or Tenant as the case may
be, shall not constitute a default hereunder and shall be
performed within a reasonable time after the end of such cause
for delay or non-performance.
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(f) This Lease represents the entire agreement between the parties,
and all prior agreements, negotiations and representations are
merged herein and superseded hereby. Tenant acknowledges and
agrees that it has not relied upon any statements,
representations, agreements, or warranties by Landlord, its
agents or employees, except such as are expressed herein and that
no amendment or modification of this Lease, or waiver of any
provision hereof, shall be valid or binding unless expressed in
writing and executed by the parties hereto in the same manner as
the execution of this Lease.
(g) If any clause or provision of this Lease is illegal, invalid or
unenforceable under present or future laws effective during the
term of this Lease, then and in that event, it is the intention
of the parties hereto that the remainder of this Lease shall not
be affected thereby; and it is also the intention of the parties
to this Lease that in lieu of each clause or provision of this
Lease that is illegal, invalid or unenforceable, there shall be
added as a part of this Lease a legal, valid and enforceable
clause or provision as similar in terms to such illegal, invalid
or unenforceable clause or provision as may be possible.
(h) The captions of each Paragraph are added as a matter of
convenience only and shall be considered of no effect in the
construction of any provision or provisions of this Lease. As
used herein, words of one gender shall include all genders, and
words in the singular shall include the plural, and the plural
the singular, unless the context requires otherwise.
(i) This Lease shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors,
administrators, legal representatives, successors, and assigns
where permitted by this Lease.
(j ) If there are more than one entity or persons which or who are
Tenant under this Lease, the obligations imposed upon Tenant
under this Lease shall be joint and several .
27. OPTION TO EXTEND. Tenant shall have an option to extend this Lease
for a period of three (3) years from November 1, 1998 to October 31,
2001, on the same terms and conditions as contained in this Lease,
except that the Base Rental for the extension period shall be Thirty
Six Thousand Four Hundred and Fourteen & no/100 Dollars ($36, 414 . 00)
in monthly installments as follows:
Period Monthly Installment
November 1, 1998 through April 30 , 2000 $ 987 . 00
May 1, 2000 through October 31, 2001 1, 036. 00
To exercise this option to extend, Tenant shall give Landlord, prior
to the expiration of the term of this Lease, sixty (60) days' notice,
INIL'oin writing, in which event this Lease shall be extended automatically
for, the additional period. This option shall be void, however, if
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Tenant is not in possession of the Leased Premises at the time of
giving such notice, or if tenant is in default under any of the terms
of this Lease at that Time.
28. HOLDING OVER BY TENANT. In the event Tenant remains in possession of
the Leased Premises after expiration of the initial term of this Lease
or after expiration of the initial term and the extended term,
providing that Tenant has exercised its option to extend as described
in paragraph 27 , such hold-over shall constitute and be construed as a
tenancy from month-to-month only, upon the same terms and conditions
as contained in this Lease, except that the monthly rental for such
month-to-month tenancy shall be Nine Hundred and Eighty Seven & no/100
Dollars ($987. 00) or if Tenant has exercised its option to extend as
described in paragraph 27 the monthly rental for such month-to-month
tenancy shall be One Thousand and Eighty Eight & no/100 Dollars
($1, 088. 00) . Such tenancy shall continue until Landlord or Tenant
shall have given to the other at least thirty (30) days' written
advance notice of their intention to terminate such tenancy.
29 . SURRENDER. Tenant shall, upon the termination of this Lease,
surrender the Leased Premises in good repair and in a clean and
sanitary condition, reasonable wear and tear excepted.
INiALS
I"erprt
Lardlutr\ J 13 961159
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease the day
and year first above written.
LANDLORD: COLORADO RECOVE PR ERTI L . V PARTNERSHIP
By: �V1�
M. Tyler Notestine, as e anager of
Thomas & Tyler, LLC (General Partner)
TE 4�.� f[
.kQa '�� THE COUNTY OF WELD AS POLITICAL SUBDIVISION OF THE STATE OF
'4 . � /�,, COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS
V `OF THE COUNTY OF WELD
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07/6796
10 r�, Barbara Kircmeyer,dChair
961159
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