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HomeMy WebLinkAbout770432.tiff RESOLUTION RE : OFFICE LEASE AGREEMENT FOR ADMINISTERING THE RURAL HOUSING ALLOWANCE GRANT BETWEEN FRANKLIN C. AND HELEN M. ZADEL, LESSORS , AND WELD COUNTY DEPARTMENT OF PLANNING SERVICES , BY WELD COUNTY, LESSEE. 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 Weld County Department of Planning Services is in need of an office for the administration of a Rural Housing Allowance Grant from the United States Government, and WHEREAS, a lease agreement for an office has been submitted to the Board of County Commissioners for approval, said lease agreement reciting Franklin C. Zadel and Helen M. Zadel , as Lessors, and County of Weld, for the use of Weld County Depart- ment of Planning Services as Lessee, for office space located in Dacono, Colorado, and WHEREAS , the Board of County Commissioners of Weld County, Colorado have reviewed said lease agreement and believe it to be in the best interest of Weld County to execute said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners , that the lease agreement referred to above, being attached hereto and incorporated herein by reference, be and hereby is approved by the Board of County Commissioners of Weld County, Colorado. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners is authorized to execute said agreement and to make the same effective forthwith. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 18th day of July A.D. , 1977 . BOARD OF COUNTY COMMISSIONERS a �� W COUNTY, CO, /LO DO 74 ATTEST: Weld County Clerk and Recorder and Clerk to the Byfra ( �!BY 1; . 31.--1 } ar2x Eeputy County Clerk &_4f A PR D AS TO FORM: I `jam i 77043 County Attorney ACC1( trFi..,F Date Presented: July 18 , 1977 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this ) 5/ day of July, 1977 , by and between FRANKLIN C. ZADEL AND HELEN M. ZADEL, husband and wife, of 217 1st Street, Ft. Lupton, Colorado, hereinafter referred to as Lessor, and the COUNTY OF WELD for the use and benefit of the WELD COUNTY DEPARTMENT OF PLANNING SERVICES hereinafter referred to as Lessee, the parties agree as follows : WITNESSETH: In consideration of the covenants and agreements hereinafter set forth, the Lessor hereby leases to the Lessee, the following described real estate, to-wit : The East Part of the business building located at 520 8th Street, Dacono, Colorado These premises to include one (1) large room, two (2) small rooms and one (1) bathroom, consisting of approximately 540 square feet. Section I . Term. The term of this Lease Agreement shall commence on the 1st day of July, 1977 , and terminate on the 30th day of June, 1978. Section II. Rental. The rent to be paid by the Lessee to the Lessor for the above-described premises shall be at the rate of ONE HUNDRED AND FIFTY DOLLARS and 00/100 ($150 . 00) per month payable on the first day of each and every month throughout the term of this Lease Agreement. First and last month ' s rent due upon execution of this Lease Agreement. Section III . Maintenance of Premises . The Lessors agree during the period of this Lease Agreement: 1. To provide heat, electricity and water for the demised premises, all common halls and areas and rest- rooms. Lessors have installed heating and lighting fixtures and other electrical fixtures in the demised premises that have been inspected by Lessee and found to be in good and working condition. Lessors shall maintain such equipment by performing periodic inspections and ser- vicing thereof, and shall repair or replace the equipment when necessitated by ordinary wear and tear . Lessors shall have the right to enter the premises during all reasonable hours to inspect, maintain, repair or replace the heating, electrical and lighting equipment as necessary. Lessee shall have the right to maintain, repair or replace the heating, lighting as well as the electrical equip- ment if Lessors refuse to abide by the terms herein, and Lessee may then deduct the amount of expenditures made by Lessee from the subsequent lease payments. 2 . To keep in good repair, and maintain the roof, out- side walls, foundations, sidewalks, windows, including glass, doors and doorways, common hallways and areas and restrooms of the building where the demised premises are located. 3. To keep in good repair and maintain the interior walls, floors, ceilings, doors and doorways of the demised premises, and said building when the same becomes necessary through structural defects through fair wear and tear or through cir- cumstances beyond the control of Lessee. 4 . To keep the demised premises in good condition and at the expiration of this Lease Agreement, to surrender and deliver said premises in as good order and condition as when the same were entered upon. Loss by fire, inevitable accident, structural defects and normal wear and tear ex- cepted. 5. To keep said premises clean and in sanitary condition required by the statutes of the State of Colorado. Section IV. Use of Premises. Lessee agrees that the demised premises shall be used and occupied only as an office in a careful, safe and proper manner, and that it will pay on demand for any reasonable amount of damage to the premises caused by the misuse of it or its agents of employees. Section V. Subletting. Lessee shall have, and hereby is given the unqualified right and privilege at its option of subletting the demised premises or any portion thereof subject to all the terms and conditions respecting occupancy herein contained. -2- Section VI . Taxes. Lessor shall pay all real property taxes and assessments on the premises. Section VII. Alterations. Lessee shall have the right at its own expense from time to time during the lease, to improve or alter the demised premises in the following manner: 1. Any and all reasonable alterations or improvements to the demised premises with no outside painting or re- modeling which would effect the outward appearance . Lessee covenants that any such improvements and alter- ations shall be made in a workmanlike manner and in com- pliance with all applicable federal , state and municipal laws and regulations. Lessee shall be permitted within ten (10) days after expiration or sooner termination of this Lease Agreement, to remove any building or other improvement erected or made by it, provided however, that it repair any damage caused to the premises by such re- moval and provided that any such building or improvement that shall not have been removed by Lessee on or within ten (10) days after the expiration or sooner termination of this Lease Agreement shall be deemed abandoned by the Lessee and shall thereon become the absolute property of the Lessors without compensation to Lessee. Section VIII. Fire Clause. If the demised premises be damaged or destroyed in whole or in part at any time during the term of this Lease Agreement, or succeeding the extension thereof by fire or other casualty, the Lessors with due diligence, will repair, restore, rebuild or replace the same so that after such work and repair in restoring, rebuilding or replacing has been completed, the property shall be sub- stantially the same as that prior to said damage. In the event of any damage or destruction, a reasonable abatement of rent shall be made until the premises are properly repaired by Lessors. If, however, the Lessors shall not elect to repair the premises , then this Lease shall terminate at the time of the damage at the option of Lessee. If such damage causes the de- -3- demised premises to be untenantable, then this Lease Agreement may thereupon be terminated by Lessee. Section IX. Insurance. The Lessors shall, throughout the demised term, at the Lessors ' expense , keep the premises insured against all loss or damage by fire or other casualty. Section X. Holding After Termination. It is mutually agreed that if after the expiration of this Lease, the Lessee shall remain in possession of said premises without a written agreement as to such holding over, then such holding over shall be deemed and taken to be holding on a tenancy from month-to-month at a monthly rental equivalent to the last monthly payment here- inabove provided, payable in advance on the same day each month as above provided. All other terms and conditions of this Lease Agreement remain the same. Section XI. Quiet Possession. The Lessors shall warrant and defend the Lessee in the enjoyment of peaceful possession of the premises during the term aforesaid and all terms, con- ditions and covenants to be reserved and performed by the parties hereto shall be applicable to and binding upon the heirs , admin- istrators , executors , legal representatives , successors and assigns. Section XII. Default. In the event that Lessee fails to pay rent upon the schedule as set forth in this Lease Agreement, Lessor may, at their election, either distrain for said rent due or declare this Lease Agreement to be at an end and recover possession as if the same were held by forcible detainer, and the Lessors shall proceed in such manner as provided by law. IN WITNESS WHEREOF, the said Lessors and Less have hereinto caused their respective names and seals to be affixed this 18th day of July , A.D. , 1977. LESSORS : Z4del ATTEST:1711(W/1 /Weld County Clerk a d Recorder t,h'e�J and Clerk to the and Helen M. Zadel BY?D ��ti.EL � LESSEE: Deputy County lerk /' BOARD OF COUNTY COMMISSIONERS ( WELD C UNTY, COLORAD�, BY: �j/ '7�t ) 4 l 2 -'J di(� Jtivhe K. Stei mark , Chairman Hello