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HomeMy WebLinkAbout770598.tiff RESOLUTION RE: AUTHORIZATION OF CHAIRMAN OF THE BOARD OF COUNTY COMMIS- SIONERS OF WELD COUNTY, COLORADO TO EXECUTE AGREEMENT BETWEEN GORDON D. BROWN and L. MAYVIS BROWN AS LESSORS, AND THE WELD COUNTY HEALTH DEPARTMENT AS LESSEE CONCERNING CERTAIN REAL ESTATE LOCATED ON ROUTE 2, BOX 472, FORT LUPTON, COLORADO 80621 WHEREAS, a contract has been submitted by the Weld County Health Department requesting authorization by the Board of County Commissioners of Weld County, Colorado to enter into an agreement between the Weld County Health Department and Gordon D. Brown and L. Mayvis Brown for the lease of certain real estate described on a warranty deed recorded in Book 692, Reception No. 1614098 of the Weld County Records, which lease will run through the calendar year of 1977 and calls for a total rental of THREE THOUSAND DOLLARS ($3, 000. 00) payable $250. 00 per month, and WHEREAS, the Board of County Commissioners has studied the lease and feels it is in the best interests of the citizens of Weld County, Colorado to authorize the Chairman of the Board of County Commissioners of Weld County, Colorado to approve said lease. NOW, THEREFORE, BE IT RESOLVED that the lease between Gordon D. Brown and L. Mayvis Brown as Lessors, and the Weld County Health Department as Lessee, be, and the same is hereby approved, and June K. Steinmark, Chairperson of the Board of County Commissioners of Weld County, Colorado, be and hereby is authorized to execute said lease for and on behalf of said Board of County Commissioners. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of February, A.D. , 1977. The above and foregoing Resolution was read into the record and signed on the 9th day of February, A.D. , 1977. ATTEST: ©^•� C`"� 5 rt .� • BOARD OF COUNTY COMMISSIONERS � r ��=n-�f�.�n/ W COUNTY, COLO DO , Weld County Clerk and Recorder ✓/"- '2 "2 7 -- and Clerk to the Bo rd By 4�,., v , t(A A,46L -'6_ (_'CL (.. Deputy Coun, y Clerk " I LF��� A?PP RROV D AS ,T7OFORM: 7(' € ^ 5)0. “ht County Attorney 770598 I No.982 BUSINESS LEASE,—Draa. a Publishing Co.. 1824-46 Stout Street, Denver. Coloradc .76 as of THIS INDENTURE, Made/this 1st day of January , 19 76 , between Gordon D. Brown and L, Mayvi s Brown the lessor and ('Weld County Health Deoartmer,t 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 said lessor hereby lease unto the said lessee the following described premises, situate in the County of Weld in the State of Colorado, to wit• premises described on Warranty Deed recorded in Book 692.. under Reception No. 1614098, Weld County records, a copy of which is attached hereto and by reference incorporated herein. TO HAVE ANI) TO HOLD the same with all the appurtenances unto the said lessee from twelve o'clock noon of the 1st day of January , 19.77 , until twelve o'clock noon of the 1st day of January 19 78 , at and for a rental, for the full term aforesaid of Three Thousand and No/100 -dollars, payable in monthly installments of Two Hundred Fifty and No/100--------- dollars per month, • in advance, on or before twelve o'clock noon, on the 1St day of each calendar month during said term at-the-of€ieeof...RQ.Ut.e...2..,..-Box..47.2..._Ft,...Lupton,...Colorado 80.621 , Colorado, without notice, or at such oth.er...p.1.ace...as....the...L.ess.ors...may....direct...in...writing, And the said lessee in consideration of the leasing of said premises as aforesaid, covenant_$____and n¢reeS.____as follows, to wit: To pay the rent for said premises as hereinabove provided: to keep the improvements upon said premises, including all sewer connections, plumbing, wiring, and glass, in good repair at the expense of said lessee and at the expiration of this Lease to surrender and I deliver up said premises in as good order and condition as when the same were entered upon, loss by fire, inevitable accident or ordinary wear excepted; to sublet no part of said premises, nor assign this Lease or any interest herein, without the written consent of the lessorS____firat being obtained;to use saiilspremises for no purpose prohibited by the laws of the United States,or the State of Colorado, or the ordinances of the said City or Town ut__r t_._Luhton and for no improper or questionable purpose whatsoever; to keep the sidewalks in front of and around said premises free from ice and snow, and said sidewalks and premises free from all litter, dirt, debris end obstructions; to keep said prmrya's clean, and in the sanitary erudition required by the ordinances and the health and police regulations of the said City or Town of___C_LA__Lupton ; to neither permit nor suffer any disorderly conduct, noise or nuisance whatever about said premises having a tendency to annoy or disturb any persons occupying adjacent premises; to neither hold nor attempt to hold the lessors____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 parts 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 injury or damage occasioned by defective electric wiring,or the breaking or stoppage of plumbing or sewerage upon said premises or upon adjacent premises, whether said break- ' ing or stoppage results from freezing or otherwise; to neither permit nor suffer said premises, or the walls or floors thereof, to be endangered by overloading, nor said premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous, por make any alterations or change in, upon, or about said premises without first obtaining written consent therefor; to permit the lesser to place a "For Rent" cord upon said premises at any time after thirty days before the end of this Lease; to allow said lessors____at any reasonable hour of t e4py o into upgnn,pU go through and view said premises: to occupy the same as The__FL.__Lup.t n-branch �l tfpf PI d £aunty__Health_➢epar_tment It is agreed that all pttjressments for wale rents app-sewer- It non may be levied against said premises during the continuance of this Lease shall be paid by the said lessnr'Sand that all charges for heating and lighting the said premises shall be paid by the said lessee as the same become due and payable and that in case said premises shall become untenantable on account of damage by fire, flood or act of God, this Lease may be thereupon terminated by the said lessee It is further agreed that no assent, expressed or implied, to any breach of any one or more of the covenants or agreements hereof shall be deemed or taken to bo a waiver of any succeeding or other breach. It is mutually agreed that if after the expiration of this Lease, the lessee shall remain in possession of said premises, and continue to pay rent without written agreement as to such possession, then such lessee shall be regarded as a tenant from month to month at a monthly rental, payable in advance, equivalent to the last monthly installment hereunder, and subject to all the terms and provisions of this Lease. ii It is further mutually agreed that in case said premises are left vacant and any part of the rent therein reserved be unpaid, then the lesso8_ __may, without in anywise being obliged so to do. and without terminating this.Lease, retake possession of said premises. and rent the same for such rent and upon such conditions as the lessor-S----may think best, making such changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and said lessee shall be ' liable fur the balance of the rent herein reserved until the expiration of the term of this Lease. IT IS EXPRESSLY UNDERSTOOD AND AGREED By and between the parties aforesaid, that if the rent above reserved, or any part thereof, shall be in arrears, or if default shall be made in any of the covenants or agreements herein contained, to he kept by the said lessee_____, it shall and may be lawful for the said lessor_&._to declare said term ended, and enter into the said premises, or ray part thereof, either with or without process of law, to re-enter, and the said lessee or any person or persons occupying the c, to expel, remove, and put out, using such force as may be necessary in so doing, without being liable to prosecution or in damages therefor, and the said premises again to repossess and enjoy, as in the first and former estate of the said IessorS And if at any time said term shall be ended as aforesaid or in any other way, the said lessee hereby covenantS and agreeS to surrender and deliver up said ➢remises peaceably to said lessor_S__, immediately upon the termination of said term, and if the lessee____ehell remain in possession of the same after the termination thereof, said lessee shall be deemed guilty of a forcible detainer of said premises under the statute, hereby waiving all notice, and shall be subject to eviction and removal, forcibly or otherwise, with or without process of law,as above stated. 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 respective 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. Lessee agrees: (1) to maintain the premises , including grass , at its expense, and 12-)-_to pay all utility costs_iac_ur_r_ed. IN WITNESS WHEREOF, the parties hereto have hereunto set their i,ands an P the day and year firs abov ritten. WELD COUNTY HEALTH DEPARTMENT wrwscnw 'or on D. rown l (SEAL) By /L.) �,; r (_L /+�) / OF COUNTY CON'1ISSIONEpS Mayvis L. Brown 'r 7L:'��'-�I41 �1 Chairman, June $teinlnark fC is v.. I /l rt' GUARANTEE For value received hereby guarantee the payment of the rent and the performance of the cove- nants and agreements by the lessee in the within Lease covenanted and agreed, in manner and form as in said Lease provided. Witness hand and seal this day of 19 (SEAL) (SEAL) ASSIGNMENT AND ACCEPTANCE For value received , assignor hereby assign all right, title and interest in and to the within Lease unto , assignee heirs and assigns, with the express understanding and agreement that the said assignor shall be and remain liable for the full payment of the rent reserved and the performance of all the covenants and agreements made in said Lease by the lessee therein named, and will pay said rent and fully perform said covenants and agreements in case said assignee shall fail so to do; and in consideration of this assignment the said assignee hereby ass=ume and agree to make all the payments and perform all the covenants and agreements in said Lease contained, by the lessee therein agreed to he made and performed. Witness hand and seal this day of , 19 (SEAL) (SEAL) CONSENT OF ASSIGNMENT Consent to the assignment of the within Lease to is hereby given, on the express condition, however, that the assignor shall remain liable for the prompt pay- ment of the rent and performance of the covenants on the part of the lessee as herein mentioned, and that no further assignment of said Lease or sub-letting of the premises or any part thereof shilll be made without further written assent first had thereto. Witness hand and seal this day of , 19 • (SEAL) LESSOR'S ASSIGNMENT In consideration of One Dollar to in hand paid, hereby transfer, assign and set over to and assigns interest in the within Lease, and the rent therein reserved. Witness hand and seal this day of , 19 (SEAL) (SEAL) ii 13 .4 I- b z W W Z z c _ 3 a J o o W rl c:c o 0 ,t, m co V") p 'o O t - V) w o re H Z Q .1 z c W v o F o V) cc o O • co co z m N 0 p I— U - Ci qv In ys. c N A p W fL k 3 A W r 0 Hello