HomeMy WebLinkAbout20193922.tiffRESOLUTION
RE: APPROVE FOURTEEN (14) PARKING SPACE LEASES WITH VARIOUS ENTITIES
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 fourteen (14) Parking Space Leases
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and the
entities listed below, commencing upon execution of signatures, with further terms and conditions
being as stated in said leases, and
1) Robert Tointon (1 space)
2) Travis Gillmore (1 space)
3) Jennifer Shute (1 space)
4) Cori Waldburger (1 space)
5) Nick Kenny (1 space)
6) Carolyn Rohrig (1 space)
7) Debbie Brodzinski (1 space)
8) Robert Shreve (1 space)
9) Robert Wiest (1 space)
10) Pat Fox (1 space)
11) Bruce Johnson (1 space)
12) Pete Morrell (1 space)
13) Michael Reidel (1 space)
14) Carlos Madrid Rojo (1 space)
WHEREAS, after review, the Board deems it advisable to approve said leases, copies of
which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the fourteen (14) Parking Space Leases between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Buildings and Grounds, and the entities listed above be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said leases.
tQGCTT,'SE)
q-I�-ly
2019-3922
BG0021
RE: FOURTEEN (14) PARKING SPACE LEASES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of September, A.D., 2019, nunc pro tunc August 1, 2019.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, CO ORADO
ATTEST: W..ithio
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FOR
tot
/4-c +. County Attorney
Date of signature: O9/1O
arbara Kirkmey=r, Chair
• Mike Freeman, Pro -Tern
XCUSED
Se.,' P. Conway
K. James
Steve Moreno
2019-3922
BG0021
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 304-6531
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
August 19, 2019
To: Board of County Commissioners
From: Toby Taylor
Subject: 822 7th Street Parking Leases
Weld County owns a parking lot at the Weld County Building located at 822 7th Street. When the property
was purchased, parking space lease agreements were granted for parkers from the Madison and Main
Building who had historically used this parking lot. Those leases are due updating due to personnel
changes. Therefore, the following 14 parking leases are identified:
1) Robert Tointon
2) Travis Gillmore
3) Jennifter Shute
4) Cori Waldburger
5) Nick Kenny
6) Carolyn Rohrig
7) Debbi Brodzinski
8) Robert Shreve
9) Robert Wiest
10) Pat Fox
11) Bruce Johnson
12) Pete Morrell
13) Carlos Madrid Rojo
14) Michael Reidel
Buildings and Grounds is recommending approval of these parking leases for the amount of $50.00 per
quarter year.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2019-3922
o 9c foci
3G,00a 1
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 822 7th Street, Update Parking Leases
DEPARTMENT: B&G
PERSON REQUESTING: Toby Taylor
DATE: 8-19-2019
Brief description of the problem/issue:
Weld County owns a parking lot at the Weld County Building located at 822 7th Street. When the property was
purchased, parking space lease agreements were granted for parkers from the Madison and Main Building who had
historically used this parking lot. Those leases are due updating due to personnel changes. The following is
recommended for approval:
1) Robert Tointon
2) Travis Gilimore
3) Jennifter Shute
4) Cori Waldburger
5) Nick Kenny
6) Carolyn Rohrig
7) Debbi Brodzinski
8) Robert Shreve
9) Robert Wiest
10) Pat Fox
11) Bruce Johnson
12) Pete Morrell
13) Carlos Madrid Rojo
14) Michael Reidel
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Approve Leases.
2. Disapprove the some or all leases.
Recommendation:
Approve leases so they can be placed on an upcoming agenda for acceptance.
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve
Recommendation
Schedule
Work Session
Other/Comments:
wAkt ie402- 01440-c .?
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Toby Taylor
Wednesday, August 21, 2019 1:54 PM
Karla Ford
Sean Conway; Don Warden
RE: 822 Parking - Pass around
Thanks. I called Sean and discussed his question. He is fine with moving forward with the lease approvals.
Toby Taylor, Director
Weld County Department of Buildings & Grounds
Weld County Veterans Services
1105 H Street
P.O. Box 758
Greeley, CO 80632
P: 970.400.2023
F: 970.304.6532
ttavlor@weldgov.com
From: Karla Ford <kford@weldgov.com>
Sent: Wednesday, August 21, 2019 12:37 PM
To: Toby Taylor <ttaylor@weldgov.com>
Cc: Sean Conway <sconway@weldgov.com>; Don Warden <dwarden@weldgov.com>
Subject: RE: 822 Parking - Pass around
Importance: High
Toby,
MF/SJ/BK have approved this pass around, but Commissioner Conway had a question about the lease charge. Could you
reply all with the answer to his question? Thank you!
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(a.weldgov.com :: www.weldaov.com :.
My working hours are Monday -Thursday 7:00a.m.-4:00 p.m.
Friday 7:00a.m. - Noon
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Toby Taylor <ttavlor(c weldgov.com>
Sent: Monday, August 19, 2019 2:26 PM
1
PARKING LEASE AGREEMENT — ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 2019, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Robert
Toiinton , (hereinafter referred to as "Tenant") for the use by Tenant open parking of standard size
passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot") located at
804 7th Street, Greeley CO.
LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or is
otherwise in default under the Lease. The Parking Privileges shall automatically terminate upon
the expiration or termination of the Lease, or any extensions thereof.
1. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
2. FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
3. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
4. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules:
0149/9-3 9,442 6)
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
S. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
6. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. SEVERABILITY. If' any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-1.0-101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
TENANT:
1� 1�ec k G. 1O‘;-�3vcr-,
Print
Signature
LANDLORD:
ATTEST- da
Weld you Clerk to th
BY:
APPRO AS TO FO •
Controller
Elected
f icial or Department Head
County Attorney
Date
7Aspit
BOARD OF COUNTY COMMISSIONERS
D COUNTY, COLS ADO
arbara Kirkmeyer, C air SEr
APPROVED AS„ TO SUBSTANCE:
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
P.O. Box 953557
St. Louis, MO 63195-3557
l
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 2019, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Travis
Gilimore , (hereinafter referred to as "Tenant") for the use by Tenant open parking of standard
size passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot")
located at 804 7th Street, Greeley CO.
1. LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or
is otherwise in default under the Lease. The Parking Privileges shall automatically terminate
upon the expiration or termination of the Lease, or any extensions thereof.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the Tee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules:
c O /1 59.2t (1)
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and. damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The L o t, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
TENANT:
TCC\NI k S LLD . �,11 N-10-
Print
Signature
LANDLORD: � ''
ATTEST: ,,drAd )
Weld C. n.. Clerk to the B
BY:
Deputy Cle j t. the Bo
APPR;
Controller
APPROVED AS TO FORM:
"X‘46".714,
County Attorney
Date
OARD OF COUNTY COMMISSIONERS
E D COUNTY, COLOR O
rbara Kirkmeyer, Chair
SEP
APPROVED AS TO SUBSTANCE:
Elect Official or Department Head
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
P.O. Box 953557
St. Louis, MO 63195-3557
X0/9-39aa (9-)
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 2019, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Jennifer
Shute , (hereinafter referred to as "Tenant") for the use by Tenant open parking of standard size
passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot") located at
804 7th Street, Greeley CO.
1. LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or
is otherwise in default under the Lease. The Parking Privileges shall automatically terminate
upon the expiration or termination of the Lease, or any extensions thereof.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the Tee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules:
o2oi�i-39a 2 (3)
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
TENANT:
►-\ cc
Print
n tore Y Si1�
LANDLORD: C�
ATTEST: WAgerittild v'•
Weld .0 tyCI_ to the B
BY:
Deputy Cl? t
APPRE
494444
Controller
APPROVED AS TO FORM:
County Attorney
Date
(s1 J2211c
OARD OF COUNTY COMMISSIONERS
COUNTY, COLO DO
rbara Kirkmeyer, Cha
SEP 0, Dig
APPROVED O SUBSTANCE:
Elected Off ial or Department Head
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
P.O. Box 953557
St. Louis, MO 63195-3557
I
c20/9-39a.A (3)
PARKING LEASE AGREEMENT -- ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 2019, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Cori
Waldburter , (hereinafter referred to as "Tenant") for the use by Tenant open parking of standard
size passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot")
located at 804 7'h Street, Greeley CO.
I . LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or
is otherwise in default under the Lease. The Parking Privileges shall automatically terminate
upon the expiration or termination of the Lease, or any extensions thereof
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the "Tee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
otO19.- 3 ?c2c•'C )
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
TENANT:
COft iOc tc burgeI
Prig
Signature
LANDLORD:
ATTEST- AG,LLith/
Weld •ui Cl .,moo the
BY:
Deputy Cl-,' t• the B
?
Date
BOARD OF COUNTY COMMISSIONERS
W a D COUNTY, COLORADO
Barbara Kirkmeyer, Ch
SEP t 2019
APPRD A T ► ti IN �„�� APPROVED S TO SUBSTANCE:
Cont
roller
APPROVED AS TO FORM:
County Attorney
Elected fficial or Department Head
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
F.O. Box 953557
St. Louis, MO 63195-3557
0209- (.5902.2 - 0.)
PARKING LEASE AGREEMENT — ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 2019, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Nick
Kenny , (hereinafter referred to as "Tenant") for the use by Tenant open parking of standard size
passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot") located at
804 7th Street, Greeley CO.
1. LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or
is otherwise in default under the Lease. The Parking Privileges shall automatically terminate
upon the expiration or termination of the Lease, or any extensions thereof.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the 'Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
oZv 9—( o (')
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-l0-101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
TENANT:
Nic-L
Print
LANDLORD:
ATTEST: dirAvld
Weld •u ty Clerk to the
BY:
Deputy CI,to he
Controller
APPROVED AS TO FORM:
County Attorney
Date
BOARD OF COUNTY COMMISSIONERS
D COUNTY, COL ADO
arbara Kirkmeyer, hair SEP ! 20i9
APPROVED A TO SUBSTANCE:
Elected f cial or Department Head
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
P.O. Box 953557
St. Louis, MO 63195-3557
ao /9- ( )
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 2019, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Carolyn
Rohrig , (hereinafter referred to as "Tenant") for the use by Tenant open parking of standard size
passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot") located at
804 7th Street, Greeley CO.
1. LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or
is otherwise in default under the Lease. The Parking Privileges shall automatically terminate
upon the expiration or termination of the Lease, or any extensions thereof.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the "Fee') per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules:
070 9-39,2.200)
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
TENANT:
' rOi()f C 141 C1
Print
Signature
LANDLORD:
ATTES
Weld
BY:
Deputy Clef t• the B
Controller
County Attorney
APPROVED AS TO FORM:
Date
OARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
arbara Kirkmeyer, Chair
SEP G
DING: APPROVED atS TO SUBSTANCE:
Elected (Tficial or Department Head
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
P.O. Box 953557
St. Louis, MO 63195-3557
oZo i9 -39a a (6)
PARKING LEASE AGREEMENT — ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 2019, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Debbie
Brodzinski , (hereinafter referred to as "Tenant") for the use by Tenant open parking of standard
size passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot")
located at 804 7th Street, Greeley CO.
1. LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or
is otherwise in default under the Lease. The Parking Privileges shall automatically terminate
upon the expiration or termination of the Lease, or any extensions thereof.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the "Tee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: 2
O� /1 �c� WO)
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
TENANT:
PD IOC' i r'
Print
1z,1C�
Signature
LANDLORD: C�
ATTEST. .AterAtit) v•
Weld •ou ty Clerk to the
BY:
Deputy C
7-: Cf 7
Date
ARD OF COUNTY COMMISSIONERS
D COUNTY, COLORADO
arbara Kirktneyer, Chat
SEP Igf9
APP Rf El 3EGG ING: APPROVED ; S TO SUBSTANCE:
Controller Elected of cial or Department Head
APPROVED AS TO FO •
County Attorney
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
P.O. Box 953557
St. Louis, MO 63195-3557
L
010/9-39 (7)
PARKING LEASE AGREEMENT -- ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 2019, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Robert
Shreve , (hereinafter referred to as "Tenant") for the use by Tenant open parking of standard size
passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot") located at
804 7th Street, Greeley CO.
1. LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or
is otherwise in default under the Lease. The Parking Privileges shall automatically terminate
upon the expiration or termination of the Lease, or any extensions thereof.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: -
ot0/9 —3 90 ()
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-10l et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
TENANT:
2abc,4 T Skreve
P
i
Signature
LANDLORD:
ATTES
Weld
BY.
Deputy C lrk t. t e Bo
Controller
County Attorney
APPROVED AS TO FORM:
Date
OARD OF COUNTY COMMISSIONERS
D COUNTY, COLRADO
arbara Kirkmeyer, chair SEP/C 4 2019
APPROVED A 0 SUBSTANCE:
Elected Off ial or Department Head
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
P.O. Box 953557
St. Louis, MO 63195-3557
aoi9-39aa(fr)
PARKING LEASE AGREEMENT -- ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 2419, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Robert
Wiest , (hereinafter referred to as "Tenant") for the use by Tenant open parking of standard size
passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot") located at
804 7th Street, Greeley CO.
1. LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or
is otherwise in default under the Lease. The Parking Privileges shall automatically terminate
upon the expiration or termination of the Lease, or any extensions thereof.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: • (q)
0Z° 9 -,5'902.°2-
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenants or the
Designated Users' use of The Lot, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-1 0-101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
LANDLORD: �C
ATTES/.04414) �•
Weld o my Cl- to the
B
Deputy
APPROVED AS T9F
Controller
APPROVED AS TO FORM:
County Attorney
Date
ARD OF COUNTY COMMISSIONERS
D COUNTY, COL • ' DO
arbara Kirkmeyer, C, air
SEA
APPROVED TO SUBSTANCE:
Elected 0 mcmal or Department Head
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
P.O. Box 953557
St. Louis, MO 63195-3557
aoi9-39 6f)
PARKING LEASE AGREEMENT — ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 201.9, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Pat Fox ,
(hereinafter referred to as "Tenant") for the use by Tenant open parking of standard size passenger
vehicle parking located in the parking lot known as the Annex Lot "The Lot") located at 804 7`h
Street, Greeley CO.
1. LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or
is otherwise in default under the Lease. The Parking Privileges shall automatically terminate
upon the expiration or termination of the Lease, or any extensions thereof.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
02,0/1- C3g 66)
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
TENANT:
Print
01,+moo_tn _ F41
Signature
LANDLORD:
ATTES
Weld
BY:
Clerk to the
Deputy Cl : `k to he Bo
Date
OARD OF COUNTY COMMISSIONERS
D COUNTY, COLODO
arbara Kirkmeyer, C
u Z0'9
APPROy ED AS TO UNDING: —�"""'� APPROVED A8 TO SUBSTANCE:
Controller
APPROVED AS TO FORM:
County Attorney
Elected ficial or Department Head
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
P.O. Box 953557
St. Louis, MO 63195-3557
cZo/ 4?- 3'?0,2,266)
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 2019, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Bruce
Johnson , (hereinafter referred to as "Tenant") for the use by Tenant open parking of standard size
passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot") located at
804 7`h Street, Greeley CO.
1. LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or
is otherwise in default under the Lease. The Parking Privileges shall automatically terminate
upon the expiration or termination of the Lease, or any extensions thereof.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the Tee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
020/9 39aa 69
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
1 1 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
TENANT:
ert..e. 4s�y
Signature
LANDLORD:
ATTEST. .0drittiV �•
Weld ' o Clerk to the B
BY.
APP
Controller
APPROVED AS TO FORM:
County Attorney
Date
7/-3 ?
OARD OF COUNTY COMMISSIONERS
E D COUNTY, COLOADO
rbara Kirkmeyer, t lair
APPROVED AS SUBSTANCE:
Elected Offi a or Department Head
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
P.O. Box 953557
St. Louis, MO 63195-3557
9
0Z0/9- 3ga,0)
PARKING LEASE AGREEMENT — ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 2019, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Pete
Morrell , (hereinafter referred to as "Tenant") for the use by Tenant open parking of standard size
passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot") located at
804 7th Street, Greeley CO.
I . LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or
is otherwise in default under the Lease. The Parking Privileges shall automatically terminate
upon the expiration or termination of the Lease, or any extensions thereof.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
ao/9-3iaV�y
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
TENANT:
??1__ ILioR ELL
Print
Signature
LANDLORD:
ATTEST:
Weld ►ou Clerk to th- B
BY
eputy CI k to t
APPREl�D S
Controller
APPROVED AS TO FORM:
County Attorney
Date
ARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
arbara Kirkmeyer, Ch
it SEP 1r` ' 2019
APPROVED AA PO SUBSTANCE:
Elected Ofificial or Department Head
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
P.O. Box 953557
St. Louis, MO 63195-3557
01_4 / 9- 39 67)
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 2019, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Michael
Reidel , (hereinafter referred to as "Tenant") for the use by Tenant open parking of standard size
passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot") located at
804 7th Street, Greeley CO.
1. LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or
is otherwise in default under the Lease. The Parking Privileges shall automatically terminate
upon the expiration or termination of the Lease, or any extensions thereof.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the Tee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
oZoi9- j9aA 6'5)
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
TENANT:
4f cA/- . / ,de/
Print
,C1/5..c
/
Signature
LANDLORD:
ATTE
Web C• n Cle k to the
B
Deputy erk t. t
APP,ED
Controller
APPROVED AS TO FORM:
County Attorney
Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO > DO
arbara Kirkmeyer, Ch. SEP G 2019
APPROVED AS T.&'SUBSTANCE:
Elected Offic I or Department Head
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
P.O. Box 953557
St. Louis, MO 63195-3557
ao i 9 - 29aoz.63)
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 1st day of August , 2019, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and Carlos
Madrid Roio , (hereinafter referred to as "Tenant") for the use by Tenant open parking of
standard size passenger vehicle parking located in the parking lot known as the Annex Lot "The
Lot") located at 804 7`h Street, Greeley CO.
1 LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue for one year unless sooner terminated or extended
pursuant to this Agreement, or unless Tenant fails to timely pay the Fee as set forth below or
is otherwise in default under the Lease. The Parking Privileges shall automatically terminate
upon the expiration or termination of the Lease, or any extensions thereof
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the Tee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre -pay for one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules:
(>70 /9—&9o2.2M
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
1. NON -LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot, including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. EXTENSION OR MODIFICATION. Any amendments or modifications to this
agreement shall be in writing signed by both parties.
TENANT:
1 r
Print
,(/ 14-40/.P) 74/:-)
Signature
LANDLORD:
ATTES
Weld
BY:
Clerk to the
Deputy C r t 4 the
APPROVED AS TO FUNDING:
Controller
APPROVED AS TO FORM:
County Attorney
Date
OARD OF COUNTY COMMISSIONERS
LD COUNTY, COI,O1/ADO
arbara Kirkmeyer, Ch
it SEP 0l 2Oi9
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
Checks shall be made out to Weld County. Checks mailed to:
Weld County
1003863a
P.O. Box 953557
St. Louis, MO 63195-3557
ao,9- 39aa (,a9
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