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HomeMy WebLinkAbout730869.tiff RESOLUTION RE: LEASE AGREEMENT BETWEEN WELD COUNTY AND LOYD HODGE & SONS INC. PROVIDING FOR A BUILDING AT FORT LUPTON, COLORADO FOR THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES. WHEREAS, it has been brought to the attention of the Board of County Commissioners, Weld County, Colorado, that there is a need to rent a building at Fort Lupton, Colorado, in behalf of the Weld County Department of Social Services, and WHEREAS, there has been caused to be submitted a Lease Agreement between Loyd Hodge & Sons Inc. and the Weld County Depart- ment of Social Services providing for the necessary space for the Weld County Department of Social Services, and WHEREAS, the Board of County Commissioners, Weld County, Colorado, believes it to be in the best interest of the County to enter into said Lease Agreement on the basis recited therein. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that the Lease Agreement between Loyd Hodge & Sons Inc. and both Weld County and the Weld County Department of Social Services, 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 said Lease Agreement as submitted. The above and foregoing Resolution was, on motion duly made and October seconded, adopted by the following vote on the 31stday of-November; 1973. BOARD OF COUNTY COMMISSIONERS WEL COUNTY,yCOLLORA�jDO ATTEST: le: ICU/- Weld County Clerk and Recorder and Clerk to the Board 1--,244./ T37-7 De y Co ty Clerk VED AS 0—FORM: 730869 County Attorney Li 7 0 0,3 „V ' ^• /_1 • S LEASE AGREEMENT THIS AGREEMENT, Made and entered into this 31st day October of -Noce-mber, A. D. , 1973, by and between LOYD HODGE & SONS INC. , Route 3, Box 36, Brighton, Colorado, Party of the First Part, and WELD COUNTY, a political subdivision of the State of Colorado, by the Board of County Commissioners, for its respective interest, and THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES, by Eugene McKenna, Weld County Welfare Director, for its respective interest, Parties of the Second Part, WITNESSETH: That in consideration of the payment of the rent as hereinafter provided and the keeping and performance of each of the covenants and agreements of the said second parties hereinafter set forth, said first party has and does hereby lease unto the said second parties the following described premises situate in the County of Weld, State of Colorado, to-wit: The East 50 feet of Lots 11, 12 and 13 and the South Half (SZ) of Lot 14, Block 17, Twombly's Addition to the Town of Fort Lupton, Colorado, a/k/a 617 5th Street, Fort Lupton, Colorado. TO HAVE AND TO HOLD the said premises, at and for a rental of $185. 00 per month, for a term of three (3) years, beginning December 1, 1973 and ending December 1, 1976, and to continue from year to year thereafter unless sooner terminated by either party giving at least thirty (30) days written notice to the other party of its intention to so terminate. For and in consideration of the leasing of said premises as aforesaid, second parties do covenant and agree as follows, to-wit: to pay the rent for said premises as hereinabove provided promptly when due and payable; to order no repairs at the expense of the first party t without notice; and, at the expiration of this lease, to surrender and deliver up said premises, including all heating, appliances, plumbing, sewer connection, wiring and glass, in as good order and condition as when the same were entered upon, loss by fire excepted; to sublet no part of said premises, nor assign this lease or any interest herein without the written consent of the first party first being obtained; to use said premises for no purposes prohibited by the laws of the United States, the State of Colorado, or the Ordinances of the Town of Fort Lupton, County of Weld, now in force or hereafter enacted, and for no improper or questionable purpose whatsoever; to occupy the same as an office. Second parties further covenant and agree that if the rent above agreed upon or any part thereof, shall be in default, or in case of a breach of any of the covenants or agreements herein, the said first party may declare this lease terminated, and after the expiration of three (3) days of the date of the service of a written notice to that effect, be entitled to the possession of said premises without further notice or demand; and further that in case the first party shall become entitled to possession of said premises either by expiration of this lease or by any termination of said term as herein provided for, and the second parties shall refuse to surrender and deliver up the possession of said premises, after the service of said notice as aforesaid, then and in that event the said first party may, without further notice or demand, enter into said premises, or any part thereof, and take possession thereof, and repossess the same as of the first party's former estate, and expel, remove, and put out of possession the second parties, using such help, assistance and force in so doing as may be needful and proper, -2- without being liable for prosecution or damages therefore, and without prejudice to any remedy allowed by law, available in such cases. First party agrees to be responsible for the usual repair and maintenance of the building and further agrees to keep the building insured at its own expense; however, second parties agree to provide and pay for all janitorial and/or custodial services that may be necessary. First party agrees to make all necessary remodeling changes as may be required by parties of the second part; however, all such remodeling costs will have to be borne by parties of the second part. It is mutually agreed that the lease rental payments as here- inabove provided shall include the cost of all utilities. It is further mutually agreed between the parties that prior to occupancy first party agrees as follows, to-wit: 1, To paint the interior walls, including two restrooms. 2. To clean the premises inside and out. 3. To replace or cover over all broken windows in front part of building. 4. Prior to occupancy or soon thereafter, as requested, agrees to move or install electrical outlets except that there will be no electrical outlets on the cement floor. Second parties shall furnish the first party with a certificate evidencing that they have in force adequate insurance covering personal liability and guaranteed to hold first party harmless from any and all damages that might arise as a result of said occupancy by second parties. If said premises be destroyed by fire or other casualty, this lease shall immediately terminate. In case of partial destrudtion or damage, so as to render the premises untenantable, any party hereto -3- may terminate the lease by giving written notice to the other parties within fifteen (15) days of the occurrence of such event. Second parties hereby declare that in entering into this lease they relied solely upon the statements contained in this lease and fully understand that no agent or representative of first party has authority to in any manner change, add to or detract from the terms of this lease. Further, that all the covenants and agreements in this lease contained shall be binding upon and apply to the heirs, assigns and legal representatives of said parties or any person claiming by, through or under any of them or their agents or attorneys. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. LOYD HODGE & SONS INC. Party of the First Part BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: =64-VP-- Weld County Clerk and Recorder - //// and Clerk to the, oard tiL - /-n J ita By /Dept/4yCou ty Clerk exy---9574 A ED AST RM:County Attorney U WELD COUNTY DEPARTMENT OF SOCIAL SERVICES s B3 eld��County We are Director Parties of the Second Part -4- Hello