HomeMy WebLinkAbout780467.tiff RESOLUTION
RE: APPROVAL OF RAW LAND STORAGE LEASE AGREEMENT BETWEEN WELD
COUNTY, COLORADO AND BIG R OF GREELEY, INC.
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, a Raw Land Storage Lease Agreement between Weld
County, Colorado as Lessor, and Big R of Greeley, Inc. as Lessee,
has been presented to the Board of County Commissioners of Weld
County, Colorado, a copy of said lease agreement being attached
hereto and incorporated herein by reference at this point, and
WHEREAS, Weld County agrees to lease to Big R of Greeley,
Inc. the following described premises located in Weld County,
Colorado, to-wit:
Lots 5, 6, 7, 8, 9 and 10 in Block 1 and
Lots 1, 2 3, 4, 6 , 7, 8, 9 , 10 , 11 and 12
in Block 2, Burger Fry Subdivision
WHEREAS, the term of said lease agreement shall be from
January 1 , 1979 through December 31 , 1979 , and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado deems it advisable and in the best interests of Weld
County to approve said lease agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Raw Land Storage
Lease Agreement bewteen Weld County, Colorado and Big R of
Greeley, Inc. for the abovedescribed premises be, and hereby is ,
approved.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 13th day of
December, A. D. , 1978.
'-1 BOARD OF COUNTY COMMISSIONERS
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APPROV5AS O FORM•�
Asst. County Attorney
780467
Date Presented: December 13 , 1978 FROG
RAW LAND STORAGE LEASE
THIS LEASE, made this 13th day of December , 1978 , between
Weld County, the Lessor and Big R of Greeley, Inc. , the Lessee;
WITNESSETH, that in consideration of the payment of the rent and the
keeping and performance of the covenants and agreements by the said Lessee
hereinafter set forth, the Lessor hereby leases unto the Lessee the following
described premise situate in the County of Weld and State of Colorado, to wit:
Lots 5, 6, 7, 8, 9, and 10 in Block 1
and Lots 1, 2, 3, 4, 6, 7, 8, 9, 10, 11,
and 12 in Block 2, Burger-Fry Subdivision.
TO HAVE AND TO HOLD the same with all appurtenances unto the Lessee
from January 1, 1979 through December 31, 1979, at and for a rental and con-
sideration, for the full term aforesaid of services to be performed by the
Lessee cleaning and grading the surface of such real property (no subsurface
cleaning is anticipated) in a reasonably level fashion. The Lessee shall
accomplish such cleaning and grading within a reasonable time after the exe-
cution of this Agreement and shall be solely responsible for the expenses
of accomplishing such cleaning and grading. The only use to which the Lessee
shall be allowed to put the subject real property shall be for the storage of
culvert pipe, farm equipment and similar materials and equipment. This Lease
shall not be renewable without the express written consent of the Lessor and
the Lessee.
The said Lessee in consideration of the leasing of said premises as afore-
said, covenants and agrees as follows, to wit:
To surrender and deliver up said premises at the expiration of this
Lease in as good order and condition as when the same were entered upon except
that such order and condition shall be improved by the aforesaid consideration;
to sublet no part of said premises, nor assign this Lease or any interest herein,
without the written consent of the Lessor first being obtained; to use said
premises for no purposes prohibited by laws of the United States, or the State
of Colorado, or the ordinances of the County of Weld or City of Greeley and
from no improper or questionable purpose whatsoever; to keep said premises free
from unreasonable litter, debris and obstructions; to neither permit nor suffer
any disorderly conduct, noise or nuisance whatever about said premises having a
tendency to annoy or disturb any person occupying the adjacent pre-
mises; to neither hold nor attempt to hold the Lessor liable for any
injury or damage, either proximate or remote, occurring through or
caused by any repairs, alterations, injury or accident to adjacent
premises or other part of the above premises not herein demised, or by
reason of the negligence or default of the owners or occupants thereof
or any other person, nor liable for any injuries or damage occasioned
by the condition of the premises from the date of signing this Agree-
ment until its termination; Lessee shall indemnify and hold harmless
and forever discharge and release Lessor, its successors and assigns,
from all debts, claims, demands, damages, actions and causes of action
whatsoever arising out of, or directly due to, any accident or other
occurrence causing injury to any person or persons or property as a
result of Lessee's use of the leased premises. Lessee agrees to
provide Lessor with evidence satisfactory to the Lessor of the
existence of public liabiltiy insurance insuring the Lessee and the
Lessee use of the aforementioned premises.
In the event the premises shall become untenable on account of
damage by flood or act of God, this Lease may be thereupon termi-
nated by the Lessee.
The Lessee agrees that it will not place any permanent struc-
tures upon the leased premises without the express written consent
of the Lessor. Additionally, the Lessor hereby consents to the
Lessee building a fence on the premises upon the express promise
of the Lessee to remove such fence at or before the termination
date of this Lease.
And it is further expressly understood and agreed that all the
covenants and agreements in this Lease contained shall extend to and
be binding upon, the heirs, executors, legal representatives and assigns
of the representative parties hereto.
This Lease is made by and between the parties hereto with the
express understanding and agreement that, in the event the Lessee
becomes insolvent, or is declared bankrupt, then, in either event,
the Lessor may declare this Lease ended, and all rights to Lessee
hereunder shall thereupon terminate and cease.
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IN WITNESS WHEREOF, the parties hereto set their hands and seals
the day and year first above written.
ATTEST BIG R OF GREELEY, INC.
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Weld County Clerk and Recorder By, L ,
and Clerk to the Boar , airman Pro Tern /�/
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