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Home My WebLink About20181766.tiffRESOLUTION RE: APPROVE LEASE AGREEMENT FOR PATIO SPACE (822 8TH STREET) AND AUTHORIZE CHAIR TO SIGN - BRIX BREWERY, LLC 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 a Lease Agreement for Patio Space (822 8th Street) 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 Brix Brewery, LLC, commencing June 4, 2018, and ending September 30, 2018, with further terms and conditions being as stated in said Lease Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Lease Agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Lease Agreement for Patio Space (822 8th Street) 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 Brix Brewery, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Lease Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of June, A.D., 2018. BOARD OF COUNTY COMMISSIONERS C ��,,��,,// t, WELD COUNTY, COLORADO d ATTEST: � G. Jeito•� Steve Moreno, Chair Weld County Clerk to the Board BY: APP Deputy Clerk to the B County Attorney Mike Freeman Date of signature: .06-47-118 EXCUSED Barbara Kirkmeyer, Pro -Tern CC'. 13G CT T(5Ca) ©1 -II -la 2018-1766 BG0020 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 May 30, 2018 To: Board of County Commissioners From: Toby Taylor Subject: 822 7th Lease Agreement - Brix Brix Brewery LLC has requested to lease 216 square feet of sidewalk space at the property located at 822 7th Street, Greeley. The lease agreement is for $216 per month from June 1, 2018 through September 30, 2018. There is a renewal option for $224 per month for next year's outdoor season from April 1, 2019 through September 30, 2019. Buildings & Grounds is recommending approval of the lease agreement. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director ply 2018-1766 &G000 LEASE Patio Space at 822 8th Street, Greeley, Colorado THIS LEASE AGREEMENT is made and entered into this Gc141 day of3-on, 2018, by and between 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, hereinafter referred to herein as "Landlord," and Brix Brewery, LLC, referred to herein as "Tenant." WITNESSETH: That in consideration of the payment of the rent and the keeping and performance by Tenant of the covenants set forth in this Lease Agreement, Landlord hereby leases unto Tenant the following described premises, situated in the County of Weld and in the State of Colorado, to -wit: 216 square feet of patio space on the Chase Plaza located at 822 8th Street, Greeley, Colorado, located on the west side of the Brix Taphouse and Brewery, hereinafter referred to as "the Premises." TO HAVE AND TO HOLD the same with the appurtenances unto Tenant at and for a rental of Two -Hundred Dollars ($217.00) per month ($868.00 for the 2018 outdoor season) for one (1) outdoor season beginning June 1, 2018, and ending September 30, 2018, with the option to renew for one (1) additional outdoor season as detailed below. A diagram of the Premises is shown on the attached Exhibit "A." Tenant, in consideration of the leasing of the Premises, covenants and agrees as follows: 1. Tenant shall use ordinary care when using the Premises. Tenant may erect around the exterior boundary of the Premises, at Tenant's sole cost, a tubular metal fence similar to that shown on the attached Exhibit "B." Upon termination of this Lease, Tenant shall remove the fence and repair any holes in the patio pavement caused by their installation. 2. Tenant may include the Premises as part of its liquor licensed premises for the Brix Taphouse and Brewery. 3. Tenant shall keep the Premises clean and in a sanitary condition. 4. Tenant shall obtain and maintain at all times during the tenancy of this Lease commercial general liability insurance in an amount of not less than Two Million and no/100 Dollars ($2,000,000.00), naming the Board of County Commissioners of Weld County, it Employees and Officers," as Additional Named Insureds. At the start of the tenancy of this Lease, Tenant shall provide to Landlord a current Certificate of Insurance which Page 1 of 3 Pages QO113.-l'7CoCo evidences such insurance and lists the Additional Named Insureds. Furthermore, the parties hereto agree as follows: A. The term of this Lease shall be from the date of signature by both parties hereunder to and until September 30, 2018. Tenant has the option to renew this Lease for one (1) additional outdoor season beginning April 1, 2019, to run to and until September 30, 2019, for a rental of Two -Hundred Six Dollars ($224.00) per month ($1,344.00 for the 2019 outdoor season). To exercise this option, Tenant must inform Landlord in writing at the address listed above no later than March 1, 2019. B. Either Landlord or Tenant may terminate this Lease at any time during the term hereof for any reason by notifying the other Party in writing of such intent to terminate at least sixty (60) days prior to the intended date of termination. C. Tenant is leasing the Premises "as is." D. If any provision of this Lease, or any application thereof to any person, shall be invalid or unenforceable to any extent, the remainder of this Lease, and the application thereof to other persons or circumstances, shall not be impaired, and shall be enforced to the fullest extent permitted by law. E. This Lease shall be governed by the laws of the State of Colorado. F. This Lease, including any attachments and documents specifically incorporated herein by reference, contains the entire Lease between the parties. All prior negotiations between the parties are merged in this Lease, and there are no understandings or agreements other than those incorporated herein. This Lease may not be modified except by written instrument signed by both parties. G. It is expressly understood and agreed that the enforcement of the terms and conditions of this Lease, and all rights of action relating to such enforcement, shall be strictly reserved to both parties and nothing in this Lease shall give or allow any claim or right of action whatsoever by any other person not included in this Lease. It is the express intention of both parties that any person or entity other than the undersigned parties receiving services or benefits under this Lease shall be an incidental beneficiary only. H. No portion of this Lease shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Lease be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Lease. Page 2 of 3 Pages IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day and year first written above. LANDLORD: ATTEST: dirifdA) ..e/go;‘,4. Clerk to the Board By: Deputy Cl k to the Bo COUNTY OF WELD, a political subdivision of the STATE OF COLORADO, by and through the Board of County Commissioners of the County of Weld By: Steve Moreno, Chair QUN G ro 148 TENANT: BRIX B : ERYfLLC Page 3 of 3 Pages lip . Jorgenson =aging Member aol$-l'1CoCo RE: 822 7TH LEASE AGREEMENT - BRIX APPROVED AS TO SUBSTANCE: -i, Elected Official or Department Head APf2VE DAS g) NDING: Controller APPROVED AS TO FORM: County Attorney Exhibit "A" Exhibit "B" Hello