HomeMy WebLinkAbout710402.tiff RESOLUTION
WHEREAS, the County of Weld, State of Colorado, is in need of
additional space to more centrally locate its motor graders and other
road maintenance equipment, and
WHEREAS, the State of Colorado is the owner of certain real estate
west of Greeley, Colorado, that the County is desirous of leasing for such
purposes, and
WHEREAS, the Division of Highways, State of Colorado, has submitted
a written lease agreement between itself and Weld County setting out the
terms and conditions between the parties, and
WHEREAS, the Board of County Commissioners, Weld County,
Colorado, believes it to be in the best interest of the County to enter into
such a lease agreement on the basis recited therein.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners, Weld County, Colorado, that said agreement with the
Division of Highways, State of Colorado, copy of which is attached hereto
and made a part hereof by reference, be, and it hereby is approved.
BE IT FURTHER RESOLVED, that the Board be and it hereby is
authorized to execute the agreement as submitted and to make the same
effective forthwith.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on theeeppt, day of December, 1971.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
7 « ,L<<
ATTEST:
k t e Board
APP OD ASS TO FORM:
County Attorney I,
C3:c-'/7
710402
THIS AGREEMENT, made and entered into this 29th day of December, 1971,
0
between the COUNTY OF WELD, STATE OF COLORADO, hereinafter referred to as the
"Lessee" and the DIVISION OF HIGHWAYS, STATE OF COLORADO, hereinafter referred to
as the "Lessor".
WITNESSETH: 4
• That the Lessor for and in consideration of the covenants. and agreements
hereinafter mentioned to be kept and performed by the Lessee as demised and leased
to the Lessee the premises in the County of Weld, State of Colorado, known and
described as follows:
That part of the NV of the NE- of Section 11, T. 5 N., R. 67W, 6th F. M.,in Weld
County, Colorado, deededto the Department of Highways, State of Colorado, and
recorded in Book 570, Reception Nc. 1492337 of the Weld County Records, described
as follows:
Beginning at the northeast corner of tract as described in Book 570, Reception
No. 1492337 of the Weld County Records: •
1. Thence S. 0° 05' W., along the east line of said tract
as described in Book 570, Reception Nc. 1492337, a
distance of 50.0 feet;
2. Thence N. 89° 15' 30" W. , a distance of 100.0 feet;
3. Thence N. 0° 05' E. , a distance of 50.0 feet to the
north line of said tract as described in Book 570,
Reception No. 1492337;
4. Thence S. 89° 15' 30" E. , along the north line of
said tract as described in Book 570, Reception No.
1492337, a distance of 100.0 feet, more or less, to
the point of beginning.
The above described parcel contains 0.115 acres, more or less.
To have and to hold the same unto the Lessee for a period of Ten ( 10) Years
•
from and after the 1st day of January, 1972. And the Lessee in consideration of
said demise covenants and agrees with the Lessor as follows:
1. To pay as rent for said premises the sum of One Dollar ($1.00) each
year, payable tha 1st day of January each year for the term of this lease.
2. The Lessee shall have' the privilege of land-leveling and erecting upon
the premises herein described, aesthetically compateble with the present
structures, buildings, fends, driveway gates, underground fuel tanks, driveways,
water lines etc. , deemed necessary by the lessee for a Highway Maintenance Yard
in ;.alletien and operation and upon termination of this Lease, the Lessee shall
hsve the right and privilege to remove said buildings and other improvements
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from said premises by the expiration date of this Agreement. The Lessee shall have
the privilege of installing water, sewer, natural gas and electricity to serve
buildings erected by the Lessee on said premises.
3. Lessee shall be limited to the use of the area hereby leased, to erection
and use of maintenance buildings and its required appurtenances (underground
utilities, leach field, etc.) required for the operation thereof. The building
and yard adjacent thereto will be kept in a neat and presentable manner at all
times.
4. Lessee will comply with all existing County and State statutes relative to
the necessary sanitation and health and fire and safety requirements.
5. The Lessor shall have the right, at any time, to terminate this Lease by
giving to the Lessee ninety (90) days notice of termination of the Lease. The
Lessee to vacate the premises within this ninety (90) day period.
6. If for any reason the Lease is terminated before its expiration date,
Lessee agrees to surrender possession to the Lessors. It is expressly agreed
between the parties that if default be made in the payment of the rent above
reserved, or any part thereof, or in any of the covenants and agreements herein
contained to be kept by the Lessee, it shall be lawful for the Lessor, its successors
and assigns at any time thereafter at the election of the Lessor, it successors
or assigns to declare said term ended, provided, however, that the Lessor shall give
to the Lessee written notice of Lessee's failure to comply with the terms of the
Lease and afford said Lessee thirty (30) days after receipt thereof to correct
said defect or default. If the default or defect shall not be corrected within
that period, the Lessee shall have an additional thirty (30) days from and after
expiration of the first period above mentioned to remove all buildings and any
improvements or materials thereon.
7. The Lessee for himself, his heirs, personal representatives, successor
in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree as a covenant running with the land that in the event
facilities are constructed, maintained, or otherwise operated on the said
property described in this Lease for a purpose for which a Department of
Transportation Program or activity is extended or for another purpose involving
the provision of similar services or benefits, the Lessee shall maintain and
operate such facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations, Department of
Trnnepnrtation Subtitle A, Office of the Secretary, Part 21, Non-discriminat n;,.
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in Federally assisted programs of the Department of Transportation-Effectuation
of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
' amended.
That in the event of breach of any of the above non-discrimination
covenants, the State of Colorado, shall have the right to terminate the Lease and
to re-enterand repossess said land and the facilities thereon, and hold the
same as if said Lease had never been made or issued.
EXECUTED on the date first above written.
COUNTY OF WELD
STA 4E OF COLORADO
1, ssee","
ATTEST: rn.F,,.,"; 44 x.4.2 By �i/, =✓ si,/!��/�< ,:%' ,r'c ^-
r C"ankh G°G%
L
Deputy County Cleat
h ( Lc ; a( ‘'/ a ,
BOARD OF COUNTY COMMISSIONERS
ATT r� /We/ -{( ,0'1 DIVISION OF HIGHWAYS
Chief Clerk v DEPARTMENT OF HIGHWAYS
STATE OF COLORADO
By
:-
ief Engineer
Weld County
tntraciepartment • - • •'
. .
Memo Form
D. O. H. 37
'TATE OF COLORADO DIVISION OF HIGHWAYS
STATE OF COLORADO
A i 4201 E. Arkansas Ave.
`r` DENVER, COLORADO 80222
January 13, 1972
TO: W. J. CAPRON
FROM: D. R. WARNBERG
SUBJECT: Lease Agreement with Weld County, dated 29th December, 1371
Please note that in paragraph one of the attached agreements
the terms "Lessor" and "Lessee"_ have been reversed to read
correctly. Any .other existing copies of this agreement
should be either corrected or destroyed. This discrepancy
was noted following execution of the Lease Agreement and
according to advice from the Legal Division we are ask-
ing that Weld, County acknowledge the change by endorsement
in the space provided at the bottom of this memorandum.
Please return a copy of the endorsed agreement to me to
be placed in the Central Files with our executed copy of
the Agreement.
We have retained the one fully executed copy for the "Agree 7,
ments" file and are returning two conforming copies signed
by Mr. Bower for your file and Weld County.
i /7 /-2t
X/LA/ c/ -;•-Li C4.-'n"
D. R. WARNBERG
Secondary Highways Engineer
DRW:hs ,;ATE"c• c3u)RAD
S.
Encls. COUNTY 0: WELD
I ii,J /.,th C. 'i1•.: _ "..:U
cc:
L. C. Bower ok i;o..:t; c:o, i,.... .i>, e._
G. Berthod W/encl. PI . ,t 1
W. Croonenberghs W/encl. P
M. Ballinger
D. Graham COUNTY OF WELD COLhri cLRxx ANC
STATE OF COLD -- pap,
"LESSEE"
By
Attest:• _ Cnl.inty C`Yerk T --
.off - '
By: 27 •:.f'4.- ,4)1 - Board o County Commissioner
Deputy County Clerk
Wald County
January 3 72
L. C. Bower
W. J. Capron
Lease Agreement
Transmitted herewith please find five (3)
copies of Lease Agreement dated December 29,
1971, between the Division of Highways and Weld
County for a Highway Maintenance Yard installation
and operation.
The Agreement has been signed by the Weld
County Commissioners, attested to by the County
Clerk, and is now forwarded to you for your sig-
nature and further handling.
•
r,,./
W. J, 1apran v
District Engineer
WJC:aeb
cc: M. Ballinger
D. Graham
D. Wareber$ _�—
Weld County Commissioners �-'��
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