HomeMy WebLinkAbout740356.tiff RESOLUTION
RE: LEASE AGREEMENT BETWEEN WELD COUNTY AND VILLAGE
CHURCH, A NON-PROFIT COLORADO CORPORATION PROVIDING
FOR SPACE FOR USE OF THE WELD COUNTY DEPARTMENT OF
OF HUMAN RESOURCES-HEAD START PROGRAM.
WHEREAS, it has been brought to the attention of the Board of
County Commissioners, Weld County, Colorado, that there is a need to
rent space in Greeley, Colorado, for use of the Weld County Department
of Human Resources-Head Start Program, and
WHEREAS, there has been caused to be submitted a Lease Agree-
ment between. the Village Church, a non-profit Colorado corporation and
Weld County, Colorado, providing for the necessary space to house the
Weld County Department of Human Resources, Head Start Program, 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 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 be-
tween Village Church, a non-profit Colorado corporation and Weld. County,
Colorado, a 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
seconded, adopted by the following vote on the 9th day of October,
A. D. , 1974.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .-
Weld County Clerk and Recorder
and Clerk to the Board
Deput County C "rk )
A ED AS TO . O"
�� T' �� 740356
C untyAtto ney
•
No. 888. LEASE.—Bradford Publishing Co.,1824 Stout Street,Denver,Colorado.—2-70
I; THISINDENTURE, Made this day of September , 1974
, between
1 THE VILLAGE CHURCH, a nonprofit Colorado corporation,
I of the first part, and The Weld County Department of Human Resources -
Head Start Program,
of the second part,
WITNESSETH, That the said party of the first part,for and in consideration of the covenants and agree-
ments hereinafter mentioned,to be kept and performed by the said part y of the second part, i t s
executors and administrators, hereby lease 5 unto the said part y of the second part, all those premises situate,
lying and being in the County of Weld and State of Colorado, known and described
as follows, to wit:
The basement of the premises of THE VILLAGE CHURCH and the
vacant lot adjacent to said premises to the North , .subject to the
following conditions , to-wit :
(A. ) Notwithstanding anything herein to the contrary , occu-
pancy of the demised premises shall be limited to week days from
8 : 00 o ' clock A.M. to 5: 00 o' clock P .M. , local time , unless other-
wise specifically agreed.
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(B. ) With respect to the demised premises , party of the se-
cond part shall provide and pay for the following , to-wit: 1
1 . ) trash containers and service at least biweekly
2. ) telephone installations and services
3. ) grounds keeper and janitorial services , including I
daily kitchen cleaning
4 . ) all repairs incurred as the result of party of the
second part ' s tenancy
5. ) installation, repair (if necessary) , and removal of I
all furniture , appliances , and equipment moved in !
or onto the demised premises by the party of the I
! second part
I (C . ) Party of the first part hereby acknowledges receipt of I�
I a security deposit in the amount of ONE HUNDRED AND NO/100 ($100 . 00)1
j DOLLARS, which shall be returned to the party of the second part 1
upon return of the demised premises in a clean and timely manner, '
and in good order as herein provided. Said deposit shall not earn
interest .
(D. ) The right of inspection by the party of the first part .
(E. ) Party of the second part ' s tenancy hereunder shall al-
1 ways be conducted in a manner consistent and compatible with the
primary utilization of the demised and adjoining premises as a
church.
II'
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TO HAVE AND TO HOLD, The above described premises, with the appurtenances, unto the said part y
of the second part, 1 t 5 executors, administrators and assigns, from twelve o'clock noon of the
1st day of October - , 1974 , until twelve o'clock noon of the 31S t
day of May , 19 75 . And the said part y of the second part, in consideration of the
leasing of the premises aforesaid, by the said part y of the first part to the said part y of the second
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I;
part, covenant S and agrees with the said part Y of the first part, its heirs,
executors, administrators and assigns, to pay to the said part y of the first part, as rent for said premises
the total sum of ONE THOUSAND ONE HUNDRED SIXTY AND NO/1OOmin*" DOLLARS,
said sum to be paid in EIGHT (8 ) installments of ONE HUNDRED FORTY-FIVE DOLLARS
each, which installments are to be paid monthly in advance until the whole of said total sum shall have
been paid.
AND the party of the second part , its successors and assigns , shall
indemnify and hold the party of the first part harmless against all
claims arising by reason of party of the second part ' s tenancy here
under, without exception, and in addition , shall obtain and main-
tain a general liability insurance policy covering the demised
premises pursLant thereto in an amount not less than $100 ,000 . 00 .
AND, except as herein otherwise provided, party of the first part
shall be responsible for maintenance of the following, to-wit :
sewer, heating, electricity, water, exterior, doors , glass , and
locks .
And the said part Y of the second part further covenant S with the said party of the first part, that the
said second part y ha S received said premises in good order and condition, and will keep the same in good
repair during said term at 74x1 t Sown expense, and at the expiration of the term of this lease will yield up said
premises to the said party of the first part, in as good order and condition as when the same were entered
upon by the said part y of the second part,loss by fire, flood, act of God, ii tltablrexa`ee d'elitK 1.. ordinary wear
excepted.] maring of the walls and woodwork shall not be considered ordinary
AND IT IS AGREED, By the said party of the second part, that neither i t nor i.t s wear.
legal representatives will underlet said premises,or any part thereof, or assign this lease, without the written assent
of the said party of the first part,first had and obtained thereto,and that i t will not use or permit the
said premises to be used for any purpose prohibited by the laws of the United States, or of the State of Colorado, or
of the County of Weld, or of the Town of Dacono ; and the utiliza-
tion of the demised premises shall be confined to activities di-
rectly related to the conduct of the Head Start Program.
AND IT IS FURTHER AGREED, That in case said premises should become untenantable on account of dam-
age by fire, flood or act of God, this lease may be thereupon terminated by the part y of the second part.
AND IT IS MUTUALLY AGREED, That if after the expiration of the term of this lease by limitation of time,
the party of the second part shall remain in possession of said premises and continue to pay rent without a
written agreement as to such possession, then i t shall be regarded as a tenant from month to month at a
I monthly rental, payable in advance, equivalent to the last month's rent hereunder.
AND IT IS FURTHER MUTUALLY AGREED, That in case said premises are left vacant and any part of
the rent herein reserved be unpaid, then the part y of the first part may, without in anywise being obligated
so to do and without terminating this lease, retake possession of said premises and rent the same for such rent and
upon such conditions as it 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 said part y of the
second part shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease.
AND IT IS EXPInSSLY UNDERSTOOD AND AGREED, By and between the parties aforesaid, that if the
rent above reserved, or any part thereof, shall be in arrears, or if default shall be made in any of the covenants or
; agreements herein contained,to be kept by said part y of the second part, 1 t S executors
and administrators, it shall and may be lawful for the said party of the first part, its heirs,
executors, administrators, agents, attorney or assigns, at 1tS or their election, to declare said term ended,
and into the said premises, or any part thereof, either with or without process of law, to re-enter, without demand It
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I for said rent or notice of said election, and the said part y of the second part, or any other person or persons
occupying the same, to expel, remove and put out, using such force as may be necessary in so doing, without being
'1 liable to prosecution or in damages therefor,and the said premises again to repossess and enjoy, as in i t S first II
and former estate. And if at any time said term shall be ended as aforesaid, or in any other way, the said •t
1 part y of the second part, for i t sel f , it s heirs, executors and administrators, hereby 11
,; covenant S and agree s to surrender and deliver up said premises peaceably to said part y of the first !�
part, its heirs, executors, administrators, agent, attorney, or assigns, immediately upon the termination of said
term, and if possession thereof shall be retained after any such termination thereof, such retention shall he deemed ;
to be subject to eviction and removal, forcibly or otherwise, with or without process of law, as above stated.
IN WITNESS WHEREOF, The parties hereto have hereunto set their hands and seals the day and year first
I
I above written.
The Weld County Department of
THE VILLAGE CHURCH, a non- Human Resources✓�t Heat t.
profit Colorado corporation, Pra- ,__b_y / � L, YY(rI <'CgSEAL]
by •
..C-tic2i / -4?r<9bVi [SEAL] I�
T-[.
�__ Wi JD C NT 0 MISSIONER
Ii
I
GUARANTEE
For value received hereby guarantee the payment of the rent and the performance of the covenants II
and agreements by thepart of the second I'
gr part in the within Lease covenanted and agreed, in manner and i
form as in said Lease provided.
Witness hand and seal this day of , 19
[SEAL]
[SEAL]
ASSIGNMENT AND ACCEPTANCE
For value received ,assignor ,hereby assign all
right,title and interest in and to the within Lease unto
assignee, heirs and assigns, with the express understanding and agreement that the said assignor
shall be and remain liable for the full payment of the rent reserved and the performance of all the covenants and ,
agreements made in said Lease by the part of the second part therein named, and will pay said rent and fully
perform said covenants and agreements in case said assignee shall fail so to do; and in consideration of this assign-
ment the said assignee hereby assume and agree to make all the payments and perform all the covenants
and agreements in said Lease contained,by the part of the second part therein agreed to be made and performed.
Witness hand and seal this day of , 19 .
[SEAL]
[SEAL]
CONSENT AND ASSIGNMENT
Consent to the assignment of the within Lease to
is hereby given, on the express condition,however,that the assignor shall remain liable for the prompt payment
of the rent and performance of the covenants on the part of the second party as therein mentioned, and that no
further assignment of said Lease or sub-letting of the premises or any part thereof shall be made without further
written assent first had thereto.
Witness hand and seal this day of , 19
[SEAL]
LESSOR'S ASSIGNMENT
In consideration of One Dollar, to in hand paid, hereby transfer, assign and set over to
and assigns interest in
the within Lease,and the rent therein reserved.
Witness hand and seal this day of , 19 .
[SEAL]
I SEAL],
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