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Home My WebLink About20190793.tiff4482227 Pages: 1 of 2 04/18/2019 03:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III Wtr rriCiiii 1'elir i liVIVAIlilIrF'flli3O 1111 lI II 4483118 Pages: 1 of 2 04/23/2019 08:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO In II III II CORRECTED QUIT CLAIM DEED This Corrected Quit Claim Deed is executed and re-recorded to include the property description in the attached Exhibit "A" erroneously omitted from previous recording at Reception Number 4469697, and to correct the property description previously recorded at Reception Number 4475727 in the Office of the Weld County Clerk and Recorder. THIS CORRECTED DEED is made this 17th day of April, 2019, from the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, of the first part, and to the Carbon Valley Park and Recreation District, a special district of the State of Colorado, whose address is 701 5th Street, Frederick, CO 80530, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of One Dollar and no/00 ($1.00), and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described property, situate, lying and being in the County of Weld and State of Colorado, to wit: All of the real property described in the attached Exhibit "A," together with all buildings, sheds and other fixtures found thereon. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, its heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. IN WITNESS WHEREOF, I, Mike Freeman, Chair Pro-Tem of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the 20th day of February, 2019, have hereunto set my hand and affixed the seal of said County this 17th day of April, 2019, for the uses and purposes therein set forth. ATTEST: CLERK TO THE BOARD OF COUNTY COMMISSIONERS Jdate:A COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO BY. s.�'�:�ir� ►:a`r.j Y. Deputy STATE OF COLORAD County of Weld r31012fig•kgan Mike Freeman, Chair Pro-Tem The foregoing instrument was acknowledged before me this 17th day of April, 2019, by Mike Freeman, as Chair Pro-Tem of the Board of County Commissioners of the County of Weld. Witness my hand and official seal this 17th day of April, 2019. Cln�a My commission expires: I ~ 1Q- 2D,a2) KARLA FORD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19984029774 MY COMMISSION EXPIRES DEC. 2, 2022 azo / q -a793 }emu oeaA Escrow No. 25162911 4483118 Pages : 2 of 2 04/23/2019 08:52 All R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1I111 HIPIVIIIIIIMCIalliMillilliiiIII0Williiikriati Exhibit A LOT 8, BLOCK 1, MAPLEWOOD SUBDIVISION, FILING NO. 2, COUNTY OF WELD, STATE OF COLORADO. Esther Gesick From: Sent: To: Cc: Subject: Attachments: Tim Conarro <timconarro@gmail.com> Friday, April 19, 2019 4:22 PM Karla Ford; Mike Freeman; Esther Gesick drummel@cvprd.com; cgrove@ltgc.com; 'Rachel Austefjord' Incorrect legal description on the Quit Claim Deed for 340 Maple st, Frederick CO 20190793 - Corrected QCD.pdf; 25162911_LEGAL_exhibita.pdf Caution: This email originated from outside of Weld County Government, Do not click links or open attachments unless yolfr.ecognize'the sender and know the content is safe. Karla, Mike and Esther, I am the broker representing Carbon Valley Park & Recreation District for the sale of 340 Maple Street which is scheduled to happen Tuesday April 19, 2019 at 8:30am. Land Title just alerted me to the fact that the legal description on the attached Quit Claim Deed is incorrect. The correct legal description is attached in Exhibit A. This correct legal description is from the current plat, per Land Title. In order to consummate this sale on Tuesday we would appreciate your help in correcting the QC Deed. Could you perhaps email the corrected version to Dean Rummel, CVPRD's executive director, on Monday? Dean is cc'd here. Another possible solution is to get the Original Quite Claim Deed which was signed & recorded by you in the last few days. If that's still at your office we can probably come get it on Monday. Thank you very much for your assistance. Tim Conarro, Broker/Owner Summit Commercial Brokers 6800 North 79th Street, Suite 103 Niwot, CO 80503 Cell: 303-746-1490 Website: www.summitcommercial.net My Listings: https://research.catylist.con/agent/35996 1 4482227 Pages: 1 of 2 04/18/2019 03:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO �� ►��N ►11,�1I�h�1r��', Ki4�J►'�I LI��l ' i�►,� 111 111 CORRECTED QUIT CLAIM DEED This Corrected Quit Claim Deed is executed and re-recorded to include the property description in the attached Exhibit "A" erroneously omitted from previous recording at Reception Number 4469697, and to correct the property description previously recorded at Reception Number 4475727 in the Office of the Weld County Clerk and Recorder. THIS CORRECTED DEED is made this 17`h day of April, 2019. from the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632. of the first part, and to the Carbon Valley Park and Recreation District, a special district of the State of Colorado, whose address is 701 5th Street, Frederick, CO 80530, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of One Dollar and no/00 ($1.00), and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part. the receipt whereof is hereby confessed and acknowledged, has remised, released. sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell. convey and QUIT CLAIM unto the said party of the second part, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described property, situate. lying and being in the County of Weld and State of Colorado, to wit: All of the real property described in the attached Exhibit "A," together with all buildings, sheds and other fixtures found thereon. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, its heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. IN WITNESS WHEREOF, I, Mike Freeman. Chair Pro -Tern of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the 20th day of February. 2019, have hereunto set my hand and affixed the seal of said County this 171h day of April, 2019. for the uses and purposes therein set forth. ATTEST: �attp,�,� CLERK TO THE BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO BY• �.��%►� %!�i/ �� Y: Deputy ' 1-rk to the STATE OF COLORAD County of Weld Mike Freeman, Chair Pro -Tern The foregoing instrument was acknowledged before me this 17`h day of April. 2019, by Mike Freeman, as Chair Pro-Tem of the Board of County Commissioners of the County of Weld. Witness my hand and official seal this 17`h day of April, 2019. J(514 My commission expires: � /j' ' �- p D KARLA FORD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19984029774 MY COMMISSION EXPIRES DEC. 2, 2022 /9-x793 4482227 Pages: 2 of 2 04/18/2019 03:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County, CO EXHIBIT A Lot 1, Block 4, Maplewood Subdivision Filing No. 1, Town of Frederick, Colorado, according to the recorded plat thereof, and after a Re -Plat by the Town of Frederick in 1993, is now described as: FRE 2MS1-8 L8 BLK 1 MAPLEWOOD SUB FILING #2, Town of Frederick, Colorado. CORRECTED QUIT CLAIM DEED This Corrected Quit Claim Deed is executed and re-recorded to include the property description in the attached Exhibit "A" erroneously omitted from previous recording at Reception Number 4469697 in the Office of the Weld County Clerk and Recorder. THIS CORRECTED DEED is made this 18th day of March, 2019, from the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, of the first part, and to the Carbon Valley Park and Recreation District, a special district of the State of Colorado, whose address is 701 5th Street, Frederick, CO 80530, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of One Dollar and no/00 ($1.00), and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described property, situate, lying and being in the County of Weld and State of Colorado, to wit: All of the real property described in the attached Exhibit "A," together with all buildings, sheds and other fixtures found thereon. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, its heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. IN WITNESS WHEREOF, I, Barbara Kirkmeyer, Chair of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the 20th day of February, 2019, have hereunto set my hand and affixed the seal of said County this 18th day of March, 2019, for the uses and purposes therein set forth. ATTEST: ddr.44) Jdo:e,k CLERK TO THE BOARD OF COUNTY COMMISSIONERS BY: COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF OLORADO .1.'. _1_ AN eputy Clerk to the Board �� ,l; arbara Kirkmey r, Chair STATE OF COLORADO County of Weld SS. ) The foregoing instrument was acknowledged before me this 18th day of March, 2019, by Barbara Kirkmeyer, as Chair of the Board of County Commissioners of the County of Weld. Witness my hand and official seal this 18th day o ar , , 20 My commission expires: is/,9/2oczol, CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORAD NOTARY ID 2014404 MY COMMISSION EXPIRES DEC. EXHIBIT A Lot 1, Block 4, Maplewood Subdivision Filing No. 1, Town of Frederick, Colorado, according to the recorded plat thereof, and after a Re -Plat by the Town of Frederick in 1993, is now described as: FRE 2MS1-8 BLK 1 MAPLEWOOD SUB FILING #2, Town of Frederick, Colorado. 4475727 Pages: 2 of 2 03/25/2019 10:29 AM R Fee:$0.00 Carly Kopper, Clerk and Recorder, Weld County, CO lIII r INFATMICIARII II RESOLUTION RE: DECLARE CERTAIN REAL PROPERTY AS SURPLUS, AUTHORIZE ITS SALE AND TRANSFER TO THE CARBON VALLEY PARK AND RECREATION DISTRICT, AND AUTHORIZE THE CHAIR TO SIGN ALL NECESSARY DOCUMENTS 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, on February 22, 2016, the Board of County Commissioners on behalf of Weld County and the Carbon Valley Park and Recreation District (CVPRD) entered into a Lease Agreement with Option to Purchase (the "Lease Agreement"), wherein the CVPRD agreed to lease the real property and the improvements located thereon are described below for a period of sixty (60) months, beginning May 1, 2016, with an option to purchase at any time during said lease period upon payment to Weld County of the remaining lease payments (from the date of purchase to the end of the lease period) and the sum of One Dollar ($1.00), and WHEREAS, the real property and the improvements located thereon are described as: Lot 1, Block 4, Maplewood Subdivision Filing No. 1, Town of Frederick, Colorado, according to the recorded plat thereof, and after a Re -Plat by the Town of Frederick in 1993, is now described as: FRE 2MS1-8 BLK 1 MAPLEWOOD SUB FILING #2, Town of Frederick, Colorado, and WHEREAS, CVPRD has paid Weld County the sum of $152,942.59, which includes the lease payment for January, 2019, the outstanding principal balance for the purchase portion of the Lease Agreement ($147,071.75), and the purchase price of One Dollar ($1.00), and WHEREAS, the Board now desires to declare the above -described real property and the improvements located thereon surplus, to accept the sum of $152,942.59 as full and final payment, to authorize the sale and transfer of said property and improvements to the CVPRD in accordance with the terms of the Lease Agreement, and to authorize the Chair's signature on all necessary documents to effectuate the transfer. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the above -described real property and the improvements located thereon be, and hereby are, declared surplus. BE IT FURTHER RESOLVED by the Board that the Board accepts the sum of $152,942.59 as full and final payment and authorizes the sale and transfer of said property and improvements to the CVPRD in accordance with the terms of the Lease Agreement. BE IT FURTHER RESOLVED by the Board that the Chair is authorized to sign all necessary documents to effectuate the transfer of said property and improvements to the CVPRD. cc ca,caB) 3/ 7/ tot 2019-0793 PO0022 DECLARE CERTAIN REAL PROPERTY AS SURPLUS, AND AUTHORIZE ITS SALE TO THE CARBON VALLEY PARK AND RECREATION DISTRICT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of February, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CCyLORADO ATTEST:dattL) yi Weld County Clerk to the Board BY: Vyw1.L, Deputy Clete to the Boar rezAid APP' • v ''I AS TO unty ney Date of signature: 2-Z1-19 Barbara Kirkmeyr, Chair . James Steve Moreno 2019-0793 P00022 QUIT CLAIM DEED THIS DEED is made this 20th day of February, 2019, from the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, of the first part, and to the Carbon Valley Park and Recreation District, a special district of the State of Colorado, whose address is 701 5111 Street, Frederick, CO 80530, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of One Dollar and no/00 ($1.00), and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described property, situate, lying and being in the County of Weld and State of Colorado, to wit: All of the real property described in the attached Exhibit "A," together with all buildings, sheds and other fixtures found thereon. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, its heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. IN WITNESS WHEREOF, I, Barbara Kirkmeyer, Chair of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the 20th day of February, 2019, have hereunto set my hand and affixed the seal of said County this 20th day of February, 2019, for the uses and purposes therein set forth. ATTEST: ddr4.44/ jdio;ok CLERK TO THE BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO Deputy Clerk ts'the Board Barbara Kirkmey€r, Chair FEB 202019 STATE OF COLORADO County of Weld ss. The foregoing instrument was acknowledged before me this 20th day of February, 2019, by Barbara Kirkmeyer, as Chair of the Board of County Commissioners of the County of Weld. Witness my hand and official seal this 20th day of February, 2019. My commission expires: 4469697 Pages: 1 of 1 02/27/2019 10:50 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO VIII MVal wre ,iti 11111 CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2022 2019-0793 LEASE AGREEMENT WITH OPTION TO PURCHASE THIS LEASE AGREEMENT is made and entered into thisa — day of FB,4‘4._, 2016, by and between the County of Weld, a body corporate and politic of the State of Colorado, by nd through its Board of County Commissioners, hereinafter referred to as "County," and, the Carbon Valley Park and Recreation District, hereinafter referred to as "Tenant". WHEREAS, County owns property located at 320 Maple Street, Frederick Colorado, 80530 the "Property"), legally described as 2MS- 8 LB BLK 0031 MAPLEWOOD SUB FILING #2- Former 3 , 958 SF library building on 87, 023 SF Lot. WHEREAS, Tenant desires to lease the Property, pursuant to the terms and conditions contained herein, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERMS AND DEFINITIONS 1.1 Leased Premises shall mean the building located at 320 Maple Street, Frederick, Colorado, 80530. 12 Lease Com enceme, t Date shall be the j sy day of _tf ARGtf 2 2016. "Lease Expiration Date" shall be theay off*., 2021. "Lease Term" shall mean the twelve (12) month period between Lease Commencement Date and Lease Expiration Date. 1.3 Non-refundable Option Fee of $105,000.00 will serve as the Security Deposit. 1.4 Base Rent shall be $5,869.84 per month. 1.5 Permitted Purpose means that Tenant may use the Leased Premises for the purpose of fulfilling the purpose and mission of the Carbon Valley Park and Recreation District. 1.6 Agent shall mean the Director of the Weld County Department of Buildings and Grounds, 1105 H Street, Greeley, Colorado 80631 or any other agent specified in writing by Landlord pursuant to the provisions for notice in this Lease. 1.7 Landlord's Mailing Address 1150'O' Street, PO Box 758, Greeley, Colorado 80632. 1.8 Tenant's Mailing Address 701 5th Street, Frederick Colorado, 80530 2. PREMISES 2.1 Lease of Premises. In consideration of the Rent and the provisions of this Lease, Landlord leases to Tenant and Tenant accepts from Landlord the Leased Premises, subject to the terms and conditions set forth herein. 2.2 Acceptance of Premises; Condition. Tenant has examined, and accepts the Building, improvements, Premises, and any fixtures on the premises, in present condition. No representation, statement, or warranty, express or implied, has been made by or on behalf of Landlord as to the condition of the premises, or as to the use that may be made of same. In no event shall Landlord be liable for any defect in the premises or for any limitation on the use of the premises. 2.3 Parking. Tenant shall have all existing parking associated with the building. 1 020/ , - a tTI 3. LEASE TERM AND OPTION TO PURCHASE 3.1 Lease term Rent. Tenant agrees and covenants to pay to Landlord as Base Rent, without prior notice of demand, and without any deduction or setoff whatsoever, as "Base Rent," the sum of $5869.84 per month. Tenant shall pay to Landlord the Base Rent in equal monthly installments, on the fifteenth day of each month during the Term of this Lease, without notice, demand, deduction or offset (except as may otherwise be provided in this Lease). Said rental shall be paid to Weld County Government, Attention: Controller, P.O. Box 758, Greeley, CO 80632. 3.2 Late Payment. Rent not paid within ten (10) days of the date when due hereunder shall be subject to a late charge until paid equal to one and one-half percent (1%%) per month from the date when due, until paid. In addition, if any installment of Rent is not paid within ten (10) days of the date when due hereunder, Tenant shall pay to Landlord a late payment charge equal to ten percent (10%) of the amount of such delinquent payment of Rent in addition to the installment of Rent then owing. Such charges shall be payable only after nonpayment by Tenant continues for a period of five (5) days after notice of default has been given by Landlord. Tenant acknowledges that late payment of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult and impracticable to ascertain at this time. Accordingly, the parties agree that the foregoing late charges represent a reasonable estimate of the loss and expense to be suffered by Landlord by reason of Tenant's late payment. 3.3 Security Deposit The Security Deposit, as a non-refundable option fee, as described in section 1.3 shall be paid in full on or before lease date commencement. 3.4 Option to Purchase. The cash rent which the Tenant agrees to pay and the Landlord agrees to accept is $5,869.84 per month for sixty (60) months. Tenant then has the option of purchasing the property at the end of year five for the price of $1. 00. The Tenant agrees to make a non-refundable option payment of $105, 000.00 (which applies to the purchase price) to Landlord when both Landlord and Tenant sign this Lease Purchase Agreement. 3.5 Buyout. The Tenant may purchase the property prior to the expiration of the lease by paying the Landlord the remaining balance of the lease as noted in the attached amortization schedule, which is identified as Exhibit A and attached hereto and incorporated herein. Upon receipt of the remaining balance, title to the property shall pass to the Tenant. 4. IMPROVEMENTS AND POSSESSION 4.1 Improvements to Premises. The Property has been viewed and accepted by tenant. No improvements are scheduled to take place. 5. UTILITIES 5.1 Services and Utilities. Tenant covenants and agrees to contract in Tenant's own name and to pay as Additional or separate account, all charges for water, sewage, disposal, storm drainage fees, 2 in suite natural gas, electricity, lighting, telephone or other utility services used, rendered or supplied to or for the Premises. Tenant also agrees to provide janitorial services at the expense of the Tenant. 6. MAINTENANCE 6.1 Maintenance by Tenant. Tenant shall maintain building in good working order which shall include all business equipment, plumbing backups/plugs, snow removal, trash, janitorial, floor care, and carpet care. Landlord shall have no obligation whatsoever to alter, remodel, improve, maintain, repair, decorate or paint the Premises or any part thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically heren set forth. 6.2 Landlord's Right to Cure. If Tenant refuses or neglects to repair the Premises or property as required hereunder to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such repairs without liability on its part to Tenant for any loss or damage that may accrue to Tenant's merchandise, personal property, fixtures, equipment or leasehold improvements or to Tenant's business by reason thereof. Tenant shall pay Landlord's cost for making such repairs, plus fifteen percent (15%) for overhead immediately upon presentation of a bill therefore. 7. TENANT'S COVENANTS Tenant agrees to: 7.1 Permitted Use. Use the Leased Premises for the Permitted Purpose only and for no other purposes. 7.2 Compliance with laws. Comply with the provisions of all current and future recorded covenants, conditions and restrictions and all current and future building, zoning, fire and other governmental Laws, ordinances, rules or regulations applicable to the Leased Premises and all current and future requirements of the carriers of insurance covering the Project. 7.3 Compliance with Laws; Waste; Nuisance. Tenant covenants that it shall: (a) at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements (including, but not limited to, all environmental laws and regulations) now in force or which may hereafter be in force, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting the condition, use or occupancy of the Premises, excluding structural changes not related to or affected by Tenant's improvements or acts; (b) keep the Premises in clean, neat, and orderly condition, free of objectionable noise, odors, nuisances, and will in all respects, and at all times, fully comply with all health and policy regulations; (c) not suffer, permit, or commit any waste; and (d) not use, suffer or permit any person(s) to use the Premises or any part thereof, or common elements (sidewalks, hallways, etc.) for conducting thereon any auction, distress, fire, bankruptcy, 3 or going out of business sale. 7.6 indemnification. Tenant further agrees to defend, indemnify and hold harmless Landlord and any manager, member, partner, officer, director, or employee of Landlord and any mortgagee (if any) of Landlord, against any and all claims, demands, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and expenses, expert witness fees and post judgment collection costs) which Landlord may sustain at any time as a result of, arising out of, or in any way connected with a breach of this agreement. Additionally, Tenant agrees to cease the activity which amounts to such breach immediately upon receipt of written notice from Landlord or any regulatory or governmental agency that such activity is in violation of any governmental laws, ordinances, regulations or rules. Tenant shall give notice to Landlord of any hazardous substances that come to be located on the Leased Premises. The Tenant agrees to indemnify and save, hold harmless, and defend Landlord against and from any and all claims by any person arising, directly or indirectly, from the use of the property by the Tenant. This is intended to include claims by any employees or agents of the Tenant, its contractors, licensees, invitees, or any other person, for injury, loss of life, destruction of property, or any other injury, and is intended that this paragraph shall apply not only to the Tenant 's activities but to the condition of the property arising for any other cause directly or indirectly related to the exercise by the Tenant of its rights under this Lease. The Tenant shall be required to pay any such claim or to defend it, at the Tenant's expense, employing counsel reasonably satisfactory to the Landlord. The Tenant shall reimburse the Landlord for any attorney's fees or other costs which the Landlord incurs in defending any such claim and if any judgment is recovered against the Landlord, or if the Landlord makes any payment to discharge any such claim after first having given reasonable notice to the Tenant of intention to do so, then the Tenant shall be required to reimburse the Landlord for any such payment, together with interest at the legal rate. Provisions of this paragraph shall also apply to the use of the property and any activities thereon as the result of any subleases. 8. ALTERATIONS, MODIFICATIONS, OR REPAIRS 8.1 Alterations and Additions by Tenant. Tenant shall not make or suffer to be made any alterations, additions or improvements to the Premises or any part thereof without first obtaining Landlord's written approval which shall not be unreasonably withheld. 8.2 Repairs. Tenant, at its sole expense, shall maintain the Leased Premises in a neat, clean and sanitary condition. If Tenant fails to maintain or keep the Leased Premises in good repair and such failure continues for ten (10) business days after receipt of written notice from Landlord, or if such failure results in a nuisance or health or safety risk, Landlord may perform any such required maintenance and repairs and the cost thereof shall be payable by Tenant as Rent within ten (10) business days of receipt of an invoice from Landlord. Tenant shall also pay to Landlord the costs of any repair to the Leased Premises, Building or Project necessitated by any act or neglect of Tenant. 9. INSURANCE 9.1 Tenant's Insurance. Tenant shall, at its own expense, procure and maintain during the Lease Term sufficient insurance to cover any activities conducted on the premises, and any items owned by the Tenant present on the premises. 4 9.2 Hazard Insurance. Effective as of the date of this Lease, the Tenant shall insure the improvements on the property against fires and perils covered by a standard extended coverage endorsement. The Tenant shall pay all premiums of said insurance. Said insurance shall not cover personal property owned by the Tenant/or any of its sublessees. The Tenant/or said sublessees shall pay for and provide fire and peril insurance for said personal property. 9.3 Liability Insurance. The Tenant shall keep in full force and effect throughout the initial term of the lease and throughout every renewal term a policy of liability insurance, naming the Landlord as an additional named insured. The coverage shall be no less than $1,000,000.00 for any claim. 10. ASSIGNMENT AND SUBLETTING 10.1 Assignment Prohibited. Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the Premises, or any portion thereof, without first obtaining Landlord's written consent, which may be withheld in Landlord's sole discretion. 11. HAZARDOUS MATERIALS 11.1 Compliance with Regulations. Tenant shall strictly comply with all statutes, laws, codes, ordinances, rules, regulations and precautions now or hereafter mandated or advised by any federal, state, local or other governmental agency with respect to the use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively referred to as "Hazardous Materials.) 12 LANDLORD'S RESERVED RIGHTS 12.1 Additional Rights Reserved to Landlord. Without notice and without liability to Tenant, or without effecting an eviction or disturbance of Tenant's use or possession, Landlord shall have the right to (a) grant utility easements or other easements, subdivide or make other changes in the legal status of the land underlying the Leased Premises as Landlord shall deem appropriate in its sole discretion; provided such changes do not substantially interfere with Tenant's use of the Leased Premises for the Permitted Purpose; (b) enter the Leased Premises at reasonable times, and at any time in the event of an emergency, to inspect, alter or repair the Leased Premises or the Building and to perform any acts related to the safety, protection, sale or improvement of the Leased Premises or the Building; (c) install and maintain signs on and in the Building; and (d) make such Regulations as, in the reasonable judgment of Landlord, may be needed from time to time for the safety of the tenants, the care and cleanliness of the Leased Premises, the Building and the preservation of good order therein. Notwithstanding the foregoing, however, such changes shall (i) be performed so as to not materially interfere with Tenant's use of the Leased Premises; and (ii) provide for reasonable, temporary alternative access, parking or services to the extent interruption thereof results from such changes. 12.2 Entry By Landlord. Landlord reserves and shall at any and all times have the right to enter the Premises, inspect the same, supply any service to be provided by Landlord to Tenant hereunder, to 5 submit the Premises to prospective purchasers or tenants, to post notices of non- responsibility, and to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency, in order to obtain entry to the Premises without liability to Tenant except for any failure to exercise due care for Tenant's property. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof. 13. TERMINATION 13.1 Termination and Surrender. Tenant shall surrender possession of the property at the termination of this Lease, or at the termination of any renewal term. The Tenant also covenants and agrees that if the Tenant violates and fails to perform any of the covenants or agreements contained in this Lease Agreement for 30 days after notice procured the same, then in any of those events the Tenant's right of possession hereunder shall terminate, at the option of the Landlord, and in that case the Landlord shall become entitled to the possession of the property and may repossess the same as of the Landlord's former estate, and may remove the Tenant. The Landlord also has the right, without the property or terminating this Lease, to sue for and recover all rents and other sums including damages at any time and from time to time during the term of this Lease. At the time Tenant surrenders possession or is removed, either because of termination of the Lease or for any other reason, the property shall be in its present condition, ordinary wear and tear excepted, and all repair and replacement obligations shall be satisfied. At the time of surrender of possession, the Tenant shall have the right to remove all fixtures and equipment installed/and or purchased by the Tenant to the extent that such removal can be accomplished without damage to the property. 13.2 Notice of Termination. Tenant has the right to terminate this lease during the lease period, upon ninety (90) days written notice to Landlord. Should Tenant terminate the lease, the non-refundable option fee of $105,000.00 will be forfeited by the Tenant and remain in the possession of the Landlord. 14. TAXES 14.1 Taxes. Tenant shall pay and discharge all real property taxes and assessments which are levied, assessed, imposed or charged upon the Premises or Property if any. Tenant shall pay and discharge all personal property taxes which are levied, assessed, imposed or charged upon its personal property (including, but not limited to, leasehold improvements, equipment, furniture, fixtures and personal property located in the Premises) or which arise out of or resultfrom the activities carried on by Tenant upon the Premises. Such taxes shall be paid by the party owing such taxes promptly when due, provided that each party reserves the right, at their own cost and expense, to contest any taxes or assessments which it deems to be improper or unreasonable. 6 15. MISCELLANEOUS 15.1 Quiet Enjoyment. Subject to the rights of Landlord to enter into the Leased Premises as provided, if and so long as Tenant pays all Rent and timely keeps and performs each and every term, covenant and condition herein contained on the part of Tenant to be kept and performed, Tenant shall quietly enjoy the Leased Premises without hindrance by Landlord. 15.2 Severability. The parties intend this Lease to be legally valid and enforceable in accordance with all of its terms to the fullest extent permitted by Law. If any term hereof shall be stricken from this Lease to the extent unenforceable, the same shall be as if it never had been contained herein. Such invalidity or unenforceability shall not extend to any other term of this Lease, and the remaining terms hereof shall continue in effect to the fullest extent permitted by Law, the same as if such stricken term never had been contained herein. 15.3 Applicable Law. This Lease shall be construed according to the laws of the State of Colorado and the provisions hereof shall be construed in accordance with their fair meaning. Each of the parties has agreed to the use of the particular language hereof (and in all attached Schedules), and any questions of doubtful interpretation shall not be resolved solely by any rule or interpretation providing for interpretation against the party who causes the uncertainty to exist or against the draftsman. The subject captions; use of different type fonts; or boldfaced, italicized or underlined words have been inserted for convenience only and shall not be used to alter or interpret the content of this Lease. 15.4 Choice of Venue. Weld County shall be the proper venue for any disputes arising from this lease. 15.5 Binding Effect. The covenants, conditions, warranties and agreements contained in this Lease shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and permitted assigns. 15.6 Time. Time is of the essence of this Lease. 15.7 Entire Agreement. This Lease and the Schedules attached set forth all the covenants, promises, agreements, representations, conditions, statements and understandings between Landlord and Tenant concerning the Leased Premises and the Building, and there are no representations, either oral or written between the parties other than those in this Lease. Without limiting the foregoing, Tenant, hereby, specifically waives any claims, rights, or defenses based on any warranties, representations or guarantees, whatever their form, made at any time, by any party, negligently made or otherwise, except those warranties, representations or guarantees contained in this Lease. This Lease shall not be amended or modified except in a writing signed by both parties. Failure to exercise any right in one or more instance shall not be construed as a waiver of the right to strict performance or as an amendment to or modification of this Lease. 15.8 Notices. All notices, consents and approvals pursuant to this Lease shall be in writing, sent by (a) reputable messenger or courier service; (b) a reputable private carrier of overnight mail; (c) personal delivery by agent of Landlord, Managing Agent, or Tenant; or (d) mailed by United States mail, postage 7 prepaid, certified mail, return receipt requested, in each case addressed (i) to Landlord or Tenant at the address designated above with a copy to the Managing Agent, or (ii) to such other address as may hereafter be designated by either party by written notice. Such notice shall be effective on the earlier to occur of delivery to the stated address (or upon refusal to accept delivery) or if mailed, three (3) days after posting at a United States Post Office, when mailed by certified mail to Landlord or Tenant at the address designated above with a copy to the Managing Agent. 15.9 Force Majeure. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 15.10 Authority. Tenant warrants and represents that it has full authority to enter, into this Lease; that this Lease constitutes a binding obligation on behalf of Tenant, and that the individual signing on behalf of Tenant is duly authorized to bind Tenant hereto. 15.11 Default. In the event of any alleged default on the part of Landlord hereunder, Tenant shall give written notice to Landlord and any mortgagee whose name and address have been supplied to Tenant, in the manner herein set forth and shall afford Landlord and such mortgagee a reasonable opportunity to cure any such default. 15.12 Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 15.13 Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 15.14 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. 15.15 Board of County Commissioners of Weld County 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. 15.16 Rules and Regulations. Tenant agrees to follow all the Rules and Regulations attached to this document. 8 15.17 Nondiscrimination. The Tenant covenants that it will not discriminate upon the basis of race, color, religion, sex, national origin, or handicap in the use and/or occupancy of the property. The Landlord, the State of Colorado, and the United States shall be considered beneficiaries of and entitled to enforce this covenant. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day and year first above written. TENANT: /'4/V& P/R /cO12 Title, Name 1-1 LANDLORD. ‘4t ATTEST: diediSOU v• Kdt0•11 Weld u Clerk to the Bo. rd BY: Deputy CI r rk to the Bo APPROVED AS TO FUNDING: Controller APPR ' D AS TO,'ORM: County Attorney 9 ©9-�a-,/9o/ lv Date BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO e Freeman, Chair MAR 0 9 2016 ROVED AS TO SUBSTANCE: Elect -d Official or Department Head Director of General Services o? -0/G •a7i/ Exhibit A (Amortization Schedule) Amount Borrowed $300,000.00 Period 60 Rate 0.00541667 Monthly Payment $5,869.84 Months Beginning Payment Interest Principal Ending Balance May -16 1 $300,000.00 $5,869.84 $1,625.00 $4,244.84 $295,755.16 Jun -16 2 $295,755.16 $5,869.84 $1,602.01 $4,267.84 $291,487.32 Jul -16 3 $291,487.32 $5,869.84 $1,578.89 $4,290.95 $287,196.36 Aug -16 4 $287,196.36 $5,869.84 $1,555.65 $4,314.20 $282,882.17 Sep -16 5 $282,882.17 $5,869.84 $1,532.28 $4,337.57 $278,544.60 Oct -16 6 $278,544.60 $5,869.84 $1,508.78 $4,361.06 $274,183.54 Nov -16 7 $274,183.54 $5,869.84 $1,485.16 $4,384.68 $269,798.85 Dec -16 8 $269,798.85 $5,869.84 $1,461.41 $4,408.43 $265,390.42 Jan -17 9 $265,390.42 $5,869.84 $1,437.53 $4,432.31 $260,958.11 Feb -17 10 $260,958.11 $5,869.84 $1,413.52 $4,456.32 $256,501.79 Mar -17 11 $256,501.79 $5,869.84 $1,389.38 $4,480.46 $252,021.33 Apr -17 12 $252,021.33 $5,869.84 $1,365.12 $4,504.73 $247,516.60 May -17 13 $247,516.60 $5,869.84 $1,340.71 $4,529.13 $242,987.47 Jun -17 14 $242,987.47 $5,869.84 $1,316.18 $4,553.66 $238,433.81 Jul -17 15 $238,433.81 $5,869.84 $1,291.52 $4,578.33 $233,855.48 Aug -17 16 $233,855.48 $5,869.84 $1,266.72 $4,603.13 $229,252.35 Sep -17 17 $229,252.35 $5,869.84 $1,241.78 $4,628.06 $224,624.29 Oct -17 18 $224,624.29 $5,869.84 $1,216.71 $4,653.13 $219,971.16 Nov -17 19 $219,971.16 $5,869.84 $1,191.51 $4,678.33 $215,292.83 Dec -17 20 $215,292.83 $5,869.84 $1,166.17 $4,703.67 $210,589.15 Jan -18 21 $210,589.15 $5,869.84 $1,140.69 $4,729.15 $205,860.00 Feb -18 22 $205,860.00 $5,869.84 $1,115.07 $4,754.77 $201,105.23 Mar -18 23 $201,105.23 $5,869.84 $1,089.32 $4,780.52 $196,324.70 Apr -18 24 $196,324.70 $5,869.84 $1,063.43 $4,806.42 $191,518.28 May -18 25 $191,518.28 $5,869.84 $1,037.39 $4,832.45 $186,685.83 Jun -18 26 $186,685,83 $5,869.84 $1,011.21 $4,858.63 $181,827.20 Jul -18 27 $181,827.20 $5,869.84 $984.90 $4,884.95 $176,942.25 Aug -18 28 $176,942.25 $5,869.84 $958.44 $4,911.41 $172,030.85 Sep -18 29 $172,030.85 $5,869.84 $931.83 $4,938.01 $167,092.84 Oct -18 30 $167,092.84 $5,869.84 $905.09 $4,964.76 $162,128.08 Nov -18 31 $162,128.08 $5,869.84 $878.19 $4,991.65 $157,136.43 Dec -18 32 $157,136.43 $5,869.84 $851.16 $5,018.69 $152,117.74 Jan -19 33 $152,117.74 $5,869.84 $823.97 $5,045.87 $147,071.87 Exhibit A (Amortization Schedule) Feb -19 34 $147,071.87 $5,869.84 $796.64 $5,073.21 $141,998.66 Mar -19 35 $141,998.66 $5,869.84 $769.16 $5,100.69 $136,897.98 Apr -19 36 $136,897.98 $5.869.84 $741.53 $5,128.31 $131,769.66 May -19 37 $131,769.66 $5,869.84 $713.75 $5,156.09 $126,613.57 Jun -19 38 $126,613.57 $5,869.84 $685.82 $5,184.02 $121,429.55 Jul -19 39 $121,429.55 $5,869.84 $657.74 $5,212.10 $116,217.45 Aug -19 40 $116,217.45 $5,869.84 $629.51 $5,240.33 $110,977.11 Sep -19 41 $110,977.11 $5,869.84 $601.13 $5,268.72 $105,708.40 Oct -19 42 $105,708.40 $5,869.84 $572.59 $5,297.26 $100,411.14 Nov -19 43 $100,411.14 $5,869.84 $543.89 $5,325.95 $95,085.19 Dec -19 44 $95,085.19 $5,869.84 $515.04 $5,354.80 $89,730.39 Jan -20 45 $89,730.39 $5,869.84 $486.04 $5,383.80 $84,346.58 Feb -20 46 $84,346.58 $5,869.84 $456.88 $5,412.97 $78,933.62 Mar -20 47 $78,933.62 $5,869.84 $427.56 $5,442.29 $73,491.33 Apr -20 48 $73,491.33 $5,869.84 $398.08 $5,471.77 $68,019.56 May -20 49 $68,019.56 $5,869.84 $368.44 $5,501.41 $62,518.16 Jun -20 50 $62,518.16 $5,869.84 $338.64 $5,531.20 $56,986.95 Jul -20 51 $56,986.95 $5,869.84 $308.68 $5,561.17 $51,425.79 Aug -20 52 $51,425.79 $5,869.84 $278.56 $5,591.29 $45,834.50 Sep -20 53 $45,834.50 $5,869.84 $248.27 $5,621.57 $40,212.92 Oct -20 54 $40,212.92 $5,869.84 $217.82 $5,652.02 $34,560.90 Nov -20 55 $34,560.90 $5,869.84 $187.20 $5,682.64 $28,878.26 Dec -20 56 $28,878.26 $5,869.84 $156.42 $5,713.42 $23,164.84 Jan -21 57 $23,164.84 $5,869.84 $125.48 $5,744.37 $17,420.47 Feb -21 58 $17,420.47 $5,869.84 $94.36 $5,775.48 $11,644.99 Mar -21 59 $11,644.99 $5,869.84 $63.08 $5,806.77 $5,838.22 Apr -21 60 $5,838.22 $5,869.84 $31.62 $5,838.22 $0.00 ...aa\WWnAw'.r.MMnMInni Y MM I WLMNAMEW.IM.Yx:ISao,GpQ'^wAbAV.Yn1Mrozoon\14b.WAMI pointyi.uWVY.rMNVA.M1v/WMnnnimWWWiwteweRVM.Vt OeNvrFWW6W4004MrM.uYfrWMw..wMar1WY.,W.100*.T..Ilet?”4.040MKIF 1✓O.SMorerNM\WWAWAYMMNee,vcAdeW"MWRIAt0rAMYMMM1WKKvrMY*:14,1/nYA/41*.NAVAt4M4N0/4•9.M1V/M/ f' WIAWIIT✓WAWASXSY➢ANWX'.4WeriIAYN.i'Xri'MM'MM\VANwI4rNV.v.W.'w\WtY.INwy.Ar'FN 1 o isf WksX.r/rA.11nN.�GaAvwLYiGZ..f*Sc f -N WARNING - THIS CHECK IS PROTECTED BY SPECIAL SECURITY GUARD PROGRAMTM FEATURES at PAY TO THE ORDER OF Carbon'Valley Parks & Recreation District 7015th•:Street Frederick, CO 80530-7010 1st Bank Firestone, CO 80504 82-504/1070 01/31/2019 —One Hundred Fifty Two Thousand Nine Hundred Forty Two Dollars and 59/100 Cents -- Weld County Department of Buildings 1150 "0" Street PO Box 758 Greeley, CO 80632 1124a- 1791 PAY 1111$ AMC ;Om $152,942.59 ii-v—neate{ oirtarir THIS CHECK CONTAINS MULTIPLE SECURITY FEATURES - SEE BACK FOR DETAILS u� i? & Recreati©n District VENDOR: 1080 Weld County Department of Buildings DATE 1/31/2019 1/31/2019 1/31/2019 INVOICE # INV0000052 INV0000053 INV0000054 DESCRIPTION PMT 33 - January 2019 340 Malpe Principle Due as of 2/1/19 340 Maple Purchase - $1 01/31/2019 1791 AMOUNT 5,869.84 147,071.75 1.00 CHECK TOTAL 152,942.59 Hello