HomeMy WebLinkAbout750375.tiff RESOLUTION
WHEREAS, it is apparent to the Board of County Commissioners,
Weld County, Colorado, that there is an urgent need for additional space
for the Weld County Department of Human Resources, and
WHEREAS, it is the desire of the Board to lease from Van Schaak &
Company, Agent for Greeley National Bank, a national banking association,
Greeley, Colorado, for the use and benefit of the Weld County Department
of Human Resources, the following described premises:
Certain premises known as 801 8th Street, comprising an
area approximately 5500 square feet, as shown on rental
agreement, marked Exhibit A, dated August 22, 1975,
attached hereto and made a part hereof by reference,
as per lease rental agreement heretofore referred to, said lease rental
agreement be'ng for a term beginning October 1, 1975, and continuing for
sixty (60) consecutive months at a monthly rental payment of One Thousand
Nine Hundred Forty Seven and 92/100 Dollars ($1, 947. 92) all as set out in
said lease rental agreement attached hereto and made a part hereof by
reference, all in accordance with the terms and conditions as contained
therein.
NOW, THEREFORE, BE IT RESOLVED, that the County of Weld,
State of Colorado, agrees to lease from Van Schaak & Company, Agent for
Greeley National Bank, a national banking association, Greeley, Colorado,
for the use and benefit of the Weld County Department of Human Resources,
the hereinabove described premises as per said lease rental agreement, in
accordance w.th all of the terms and conditions as contained therein and
which is attached hereto and made a part hereof by reference.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the 27th day of August, A.D. ,
1975.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•
ATTEST: �: _ .
I �� 1 � 7 C t, - ( Ct 7e.±
Weld County Clerk and Recorder a C
and Clerk to the Board
Deputy Counfy�Clerc
1
'APPROVED AS PTC?FORM:
16ounty Plttorney ��'
�1/sty':.-',P 75!)375
RENTAL AGREEMENT
Grant THIS INDENTURE OF LEASE IN DUPLICATE WITTIESSETH That VAN SCHAACK & COMPANY, AGENT FOR
GREELEY NATIONAL BANK, A NATIONAL BANKING ASSOCIATION hereinafter called the Landlord,
does hereby demise and lease unto WELD COUNTY COLORADO
he elna''ter called the Tenant, the premises known and described as A ai'ea kno aS $Ol .liRth StT et
Location wtnr h.isx nbareIARpandxPnatelAugust 5500 ggffa eeL, a shown on exCTibit a tache
ZZ I97 Greele Colorado
as now partitioned trrthe- at 801 8th Street, Greeley, Colorado -Reel#n,4:-eHeef.el
d-
on c pad of Lot 33 & 34, Block 44, City of Greeley, County of Weld
-in. -City_andllw ... •
beginning at 12 o'clock noon of the First day of October . 19 75
Term and ending at 12 o'clock noon of the Last day of September , 19 80
unless the term hereby demised shall be sooner terminated as hereinafter provided.
IN CONSIDERATION OF THE SAID DEMISE,the Tenant covenants and agrees:
I. To pay the Landlord as rent for said premises for the lull term aforesaid, the total sum of$1-16.,27.5..20
fol.aws, Sixty (60) consecutive monthly installments of $17947.92 each, .beginnin
October I, 1975. (In the event that the term of this tease commences on a day-tithe
than the first day of a calendar month, to then pay, in advance, an additional rental
equal to a pro-rata portion of a monthly installment based upon the number of days
remaining ix that mo tai.
payable one month in advance, without notice, on the first day of each and every calendar month during said term, together-whir-the
esexik7y--ck«ga-Lee.ivct4er..uu ,sl.lamed-c.r-4o..le.leuiu:Sand.c}usu3erl-.a9elaet_tha darafeea4.P+ewiee€ r-14.e. ewia--o,-4 t ,min,l-by
tire-k.<..Jlord, and in addition thereto, such sums as may accrue as additional rent hereunder, by virtue of the provisions of this lease,
hereinafter set, orth, at the office of 'Jan Sch ack & Co., Agent,-6%4-t7�&t,s t fier,vm,2-�brado. 1 Greeley National
?laza, reele C `lo ado g0 31
2. That the Landlora shall furnish heal. That the._...._._.....L.4IM11QEd_......_._..___.shall furnish hot water.
If this lease provides that the Landlord shall furnish heat, hot water, or any other services, it shall be furnished only during the haws of
7 a.m. to 9 p.m. every day except Sundays and legal holidays. If heat is to be furnished, it shall be only through the fixtures as now
provided and during the period from September 15th to May 15th of the term of this lease. If the Tenant is required or desires hot water
at a temperature higher than furnished by the Landlord, the Tenant shall, at his expense, after obtaining the written permission of the
Landlord, furnish, install and pay the cost of operation of such equipment, as may be necessary to raise the temperature of said water.
In the event the heat or hot water for the demised premises, by arrangement made by the Landlord, are to be furnished by another
tenant, or a source other than through the operation of the Landlord, the Landlord shall only be required to use reasonable efforts to have
said heat or hot water furnished. If sold other source shall fail to furnish said heat or hot water, then and In that event, the Landlord
shall use reasonable efforts to provide another source for furnlshin g heat or hot water, doing so without unreasonaole delay; however,
taking Into consideration the obtaining of equipment, materials, labor, licenses, pennits, priorities, and subject to government regulations,
or any other molten, necessary or required to furnish said services. The Landlord shall not make any charge for fur nishing any service
or services provided in this lease.
2a. That the Landlord reserves the privilege of discontinuing the furnishing of heat, elevator, hot or cold water, gas, or electricity,
if any of these services are furnished by the Landlord, or by another tenant, or through another source other than being furnished by the
Landlord In case of any unnecessary use or waste. That the Landlord, or the source furnishing same, shall have the right to interrupt the
furnishing of any or all of said services, at such times as may he necessary by reason of accident, repairs, alterations or improvements
desirable or necessary to be made, until such time as said repairs, alterations or improvements shall have been completed, or whenever
the Landlord, or such source furnishing some, after exercising reasonable diligence, is unable to furnish any service as provided by this
lease, by reason of strikes, fire accident, acts of God, Invasion, Insurrection, riots, order of any military, civil or governmental authority,
or any other reason beyond their control. That the Landlord shall not be liable for any claim of damages, proximate cr remote, or charge
rebate or refund of any kind whatsoever on account of such failure to furnish said service.
3. That, notwithstanding anything herein contained to the contrary, in consideration of the terms, provisions, rental, and other
covenants of the Landlord as es-pressed in this lease, It is agreed that the Landlord, its agents, employees and servants, shall not be liable
for any damage or injury that may be sustained by the Tenant, or any other person, or their goods or chattels, however arising or
occurring, and the said Tenant hereby waives and releases any claims for refunds, allowances or damages witch may be suffered
thereby.
4. The Tenant agrees to indemnify and save harmless said Landlord of and from all liability for damage or injury to any person or
property in the demised premires occurring by reason of the occupation or use of said premises, no matter how occasioned, and from
any injury to any person or property resulting from the breakage, leakage, or obstruction of the water or gas pipes, radiators, sprinkler
pipes or tanks, or from electrical or other apparatus installed or to be installed in the premises.
S, That the Landlord, or its agents, shall have the right at any time to enter upon said demised premises to examine the same, or
to make repairs, additions or alterations as it may deem necessary or proper for the safety, Improvement or preservation thereof, how-
ever, nothing heroin contained shall require the Landlord to make any repairs, additions or alterations; and the Landlord shall not be
liable in any manner for any Inconvenience, discomfort, interruptions or interference with Tenant's business by reason of making said
repairs, alterations or Improvements to the building in which the demised premises are located, or to fixtures, or to appurtenances
thereto or to the demised premises, which includes among other things the repair or the replacement of the sidewalks, and the erection and
use of barricades, scaffolds, or anything else, in so 'loing. That the Landlord shall, at all times, have the right, at its election, to make
such alterations of, changes in. or additions to, other portions of said building, including increasing or decreasing the height or size of the
building in which the demised premises are situate, as it may from time to time deem desirable, so long as It does not decrease the size
of the demised premises, and to dispose of, rent, or use, or vacate the adioining or other premises in the building, or any portion thereof,
as it shall elect. All work contemplated by this paragraph may be done during the usual working hours, unless the Tenant shall request
In writing that same shall be cone during other hours and shall pay, or agree, In writing, to pay all extra costs occasioned thereby.
6. That the said premises shall be used only as Offices
for the transaction of Tenant's business and for no other purpose; however, if this type of business shall become restricted, it shall not
relieve the Tenant from performance of this lease; however,the Tenant may engage in another type of business with the written permission
of the Landlord first obtained; and the Tenant further agrees that the demised premises shall be continuously used and occupied, during
the term hereof, as aforesaid, in a careful, safe and proper manner; that no trade or occupation which is known in insurance as extra or
especially hazardous, nor any nuisance shall be permitted therein; that no waste shall be suffered or committed or permitted upon, or
any damage be done to said 'premises, or appurtenances.
7. 3'hat-this-3e'esris tab'art-te-the-era4likee--Ww uerrWel-also-esid-Taneal-steel!-argil--w41l-Poyrer-.w«se-te-keopoit rrm'Mitroil
ocsseurt,,,.nlskrmvtrrreMea%-3.. -ewe-sawsh_pluus5ML1kt,4 4swcaee-se<4ellaes.eetries-etet-woy-b*4e.w?e1-en4Fehawre4n1aM,st-
- ,,s-ek.,g.,,,4 .,pamts'.0-lesiegherwrNk+akAeco-aLikie teeee w kseealnbei srr psi idad,-sod savacr ddaap_Lexmlcre4Le-- p en.0eweaacJ-
y,rid-foMiloea .ii,",4."", ie.tk,ky_tu•y-aadall<Las4eas.locaefnrawu¢ctwr>.a•Stli.i1s auafwid psemia -i ipu1t,.i&4l.e.s o.ahelLba.sws_
rtoavmtinryabler crnirr-n-.Trodkeep.kwraJaco-ilwsaidpro^lises..ansLthe.l.and]cwLWaahose- r keapall-4hee-kufls.eoeeeete,-Iimte .wawi-
-e,,,pet,te,tsnerssisperrweid-pwnsiear-e feukeiln4<slLsmvateaunnstiona.-pWsalfea--wis.ieg,l.1ass_ssndlloars.uaaewderder-<uielsw{uicleulawrut-
-rerlar reT-rww+ww4wrtl-Tawmfesess.pura4 aapiadng 1s11Jw:ckaaaln ss-Inc-Lehi pLda4loas..wiilglesssC.tlaasurw>si;nc�md.aacswty.-
7a. That the said Tenant, will, during the term of this lease and any extension
thereof, keep the plass insured - r{aynaKLail"--"eau"g-a`w+wank."`-.ale"a"_apa` "-and_„ee4.4,<_t,,9-
-Teaaw4te-tlla..denw.wlpwmicc la.arrratss is ., an,?nri nnr>,1tuThitsdaivsus®d.lours.limits _Allrmllday.ahall.hakept_ihJarrnln.slcmdarcL
-fweuseeea-aemparrtes,-air-all-times dsu4ngJhe-lauunLthis leasa-and-nay aslenclrin SitecenLn*u1 bar_ddisrueil-ki t-Ftl.tp ei4-* -.»ltk-also_
--Inertelleord- -em kiersee•-ihabisseailume.<sse-Pald-in-lull-SaW-laswsoawe-ethell-eleeeevefthe-Lendlorelitr eRaeHbe,i4ltke-;engM-ehell-
-fa44-tet v.c.,,pt1 sy-ea#-ieeesenee-palumcsuhass_risse,sad.duliraaz.saidlnsuuum'a_paecIca 4ethad.ondlnc ss herein pr"vkdad.ltslwlL
-be4ree.leehes-tie,,. sw-lale.,l L-se sssi"g...sadecnwe-1.04 'V.4i,..4'wed_agwermft-bmH-ePr,-ilia-Lendleed4o,nynYeflelx,.eereenfCt'ewN•ry-
s.{.aaway_upeu =al,4_premisas-for decorating-m aide-Lanai-Seplar nmee4 ar-sepsis-ef 3le-demised-promi.00-011-014).-ei-ite-effsetsteesi scree-
thdag-the teae.-}wraottJa.wep lkwsidewnike-isi it'oatN..nail alauad JLademLsed.yremisus_and.angstOuitwnyacuallay-wru crrraieseet-Ie-
the-premises-fees-fr,,,e s, .0 n1 sea wrend-m, fd-3,4i!h-.vvyrareeaNvresteremi ecemieee-itee-4»m-dF-Mlegelwhix,-chrf-ark-obetrtietiess;-
to keep said premises clean and in the sanitary condition required by fire ordinances and the health, sanitary and police regulations
of the G4lymrd-(',oneit.el-Donvee,and any other governmental agency.
City of Greeley, County of Weld
8. That the Tenant shalt not make or remove any alterations 1n, nd-Illfons or improvements to the said pr.n s w:th- t fi eblaiu
trig the written consent of tie Landlord and all additions and improef ments made by the Tenn t(except only Ilt,',O117, furniture rift flxtrc:)
shall be deemed a port of the real estate and permanent etr1-tare thereof and shall remain upon and be surrendered with said , t I'rsoa
as a part thereof at the end of the said term, by lapse of time or clherwiso, a' the option of the Land'ad unless the Landlord desires
that the Tenant remove such additions or improvements, or any part thereof, then and in that event the Tenant shall restore the said
premises affected by sold alterations, additions or improvements, to the same condition they were in immediately before making such
alterations, additions or improvements.
of Greele
9. That the Tenant shall not conduct or permit to be conducted on said premises any business, or permit acy act which is contrary
to, or in vlolaticn of the laws of the United States of America or of the state of Colorado. or of the ordinances of the City esti-County o f weld
of Deuvrr; or of any other Governmental Agency, now in force or hereafter enacted, rind further, that Tenant wi I at all timer, during
the contra ran.e cf the Man hereby granted rind any extension thereof, at Tenant's own cost and expense, execute, comply with, obey and
porfarn all staters, ordinances, rtl s, orders, reaulaiians an f direr irons which may exist or be enacted, made or given by any of the
Federal, Stale or Municipal governments, or any department, bureau, corn mission or officer thereof, in respect to Ind relating to Tenant's
use or occupancy of the said premises, or any part thereof.
9a. That if the Tenant shall fall to promptly execute and comply with any of the hews rides, orders, ordPiarmes, requirements ri
regulations, of any City, Slate or Feder,' a di only, depar merits, hoards, or bodies, or shall fall to promptly make the necessary repairs
or replacements to keep the premises in good repair, or fall to comply wind all the covenants and agreements hes in ,runt-need, then, and
In any such event, the Lan-Ilord shall have the right to eseou'- and comply with such laws, rules, orders, ordinances, requirements, and
regulations, or to make suc:r repairs, cr to remedy such other defa acts on the part of the Tenant, and the cost and cspenso incurred therefor
shall be added to and become a part of, the rent to be paid by the Tenant, then, or next to become due.
9b. That the Tenant will not permit or sutler any disorderly r ondirct, noise, vibration, odors or nu':an.a what-wet Mut :aid
premises hrrvhrq a tendency to annoy or sllslnrb any persons eocupytng adacent premises: to use no machinery or other apparatus which
will damage the building or annoy other tenants: to keep the windows, transoms, skylights and glass visible frun hie outside clear and the
awning and skylights in good repair and condition.
10. That neither said premisos nor any part thereof sh'n;l be underlol nor shall this lease be assigned by the Tenant without the
written consent of the Landlord first obtained. No assignment for the b-neeii of creditors, or by oiler Ilion of law, shall bo effective
to transfer any rights to an assignee, without the written consent of the Landlord first hrivina been obtained.
I0a. Thal If th is lease be assigned, or if the domLsch rcoo'isns of any part thereof be underlot or occupied by anyone other than the
Tenant, the Landlord may collect rent from the assignee, under-Ienant, or occupant and apply the net amount collected to the rent
herein reserved, and no such mllec'ton shall be deemed a waiver of the co-reuant her-in against cssi rnment and unrlorlohtm r, or the
acceptance of 'he assiane , under-tenant, or on c..rant as tenant or a release of the Tenant from the complete performance by the Tenant
of the covenants herein contained, on the port of the Tenant, to be performed.
11- That in the event the Landlord agrees to an assignment cf the within lease, upon the same terms as now provided in s a ld lease,
or modified, or executes a new lease, the Tenant heroin agrees to pay to the anent of the Landlord as coaopnm'anon Iv the agent for
services rendered in connection tsr'with a fee of three pnr cent (390) of the rentals for the unexpired ten; and extension nt the term
of the lease,or one-half(1/2)of ono month's rent, whichever is greater, end it the said lease includes a pen ent age clause, adjustment shall
be made by adding thereto an additional Loo based upon the percentage rental for the preceding annual period.
12. That if an assignment of the Tenant's business or property shrill be made for the benefit of creditors or otheruvlse,or if the Tenant's
leasehold interest herein shall be levied upon under execution, or sei-rri by virtue of any writ of any coati -.1 law, or it rippllcu'lon
should he made for the rip potntinent of a re,et,'er for the b .'iTress or property of the Tenant, or a petition shop be filed askloa for the
adjudication of the Tenant as e bankrupt, then and in any such case, al Lea Landlords or tion, v:itn witnoul note e (no'ir'e be.ng he-eby
expressly waived), the Landlord may tornimtte lb.; learn, end immediately retake possession of said premises, without the same working
any forfeiture of the obligations of the Tenant hereunder.
1S. That if defnilt he made by the Ter ant in the payment f s r I r'r r r in n1 ,r Ira r F Y-o:-a,of, s r the Mnrirli shell foil
to observe or prJerm any of the oth r condition_ or agreements as h:7,1 eontrnned, and such def ell h all -°min e for a pen i of live
days, then and in that case and as ofd.n es the e ntay happen, 1t shall he lr,vrh,l for the Landlord at is rier:ion. with or will cut previ>'ts
no'iso to terminate this lease and to metier v 1 repossess itself of said promises, and tr repo th-relran- any perronnl p :'imrty be-
longing to or in the p,sssssior. oI tu e Tenant :rod store o, dlspnso et same or bcrein .ft• r pro ' ted, without pre'iudice to any oldie'
for rent, or for the breach of coven:ills hereof or pursue any other - reties es provided by law. Tire r,ghos ,end remedln-- here)-y
created arc cumulative and the luso, of o r-r remedy shall not he tal-,err to exclude or waive the right to the um i another g:. Ih culd a
Tenant withhold possessior of the p. seises hoer the Landlord after 'he expiration of IFe term, or otter noatioatinn by the I..-ndlarrl of
the termination of said Lease, the :manes for which Tenant shall he liable to the Landlord, for such dobmt-n, 'hall Ire and her,•iev
are liquidated at a sun egcal Io +ruble the rote of rental ..hpulnle;i herein (plus the average of sin-h , ,riot rental rhnreto'ore
paid, if there b.: n peas stage clause le this lease), for the period of szh detention. If, after '.he expiration of hr leases the T^:rant shall
remain in o� n-sign et on 1 - rrl
p - pre us without w'rtllca nor( port r! to such hot rot th n r�h }cite rig ov that! k� d e-1 r
taken to In a hmkiin inor a 7 horn m r h to month ,t n ,ti: ly rental -q-Ivan,t to the lri t t-sta Imo I 1 -rchr of or inertia
for, ptyalin in ,..1v-my.- on the ti y:st ' of en n -calendar month e 1 under the sane corn-Minns as her,Inb{or F vi led r t'as h ar a
n,
13a. Tha' to th e,en' of any I-aach or thrsotened breach by the Tenant of any of the covenants or previsi ns hereto, the Landlord
shall, in addition to all othrr remca as now or 1 eroalter pre tdod try law, have the right of Injunction and the right In Invoke any remedy
alloyed in law or In equine, as If re entry and other remedies were riot herein prodded tar, and may hove ory one Sr mere of sad
remedies conte-nporanenn?ly. The various rights remedies, re veers, options and elections of the Landlord, reserved, ospressr-d or contained
In this lease, ov, ear nt al re and no ono of them shall be deemed to be exclusive of the others,or of such other rights, remedies, powers,
options, or electrons as are now, or may hereafter be conferrer) upon the landlord by law,
14. 'flint if the Tenant shall ohncdnn or vacate sold prmnices bolero the end of the term of this lease, or shell suffer the rent to
he in arrears, the Landlord may at its option and without notice enter said premises, remove any signs and property of the Tenant therefrom
and re let the seine or any part there-1 us it may see fit with--et such rel-king avaietins or terminating tiro lease, :aa that fir- tt pannOsf
of e,reh re-lett'na the Landlord is a l''iarieed te make any re -airs, changes, alterations, or additions in or to salt demised premtres,
at the expense of the Tenant (which shall he payable to the Landlord r:pcn demand(, as may be nenessary or dertralHe, in the rmcr of
the Landlord, for the purpose of snoh re le'lina, and if a sum shall not be realized from such re letting to eq¢al the monthly renal above
strpnlated Io be paid by the Tenant (n us the average monthly installment of additional rental,if there is a percentage clause in this lease),
the Tenant will pay such deficiency en-h month upon demand therefor, n- I if sail is filed by an attorney at law, to collect any no ergs duo
from the Tenant, under this lease, recsonatdo attorney fees shall he assessed as part of the lodgment.
IS. Thal the Tennat amens fo dr liver rip and surrender •o the I,andlold possession of said premises Incl'rdicg all pi,umbinu, wiring,
sewer connertlaus, lighting fixtu-e glass ftxh.nrer, walls and or pi stenoaces at the expiration, or termination of this lease. by lapse of
time or otherwise, in as good order and condition as when possession was taken by the Tenant, excepting only on Baring wear :.,d decay
or damage by the elements (occurring without the fault of the Tenant er other per.;ons permitted by the Tenant b rconpy or entry the
demised p remlacs, or any tart the t or by act of God or be Insn rmadon, riot, invasion or commotion, or of mil'Imy or usurped power.
If the Tenant shall fall to remove all effects from said premises upon the termination of this louse, for any ,-sus w'r-.Isrovsr I rc 'gndl'id,
at its option, may remove tee same and stare or dispose of the said effects, without liability for loss or d-mnoge t , some, and t ,. Tenon'
agrees to pay the Landlord on demand any and a)1 expenses tncwred in such removal, in hiding the costs of ter_and cf sign !tarn the
windows, and making the ',remises, feel tiling si Iewolks, co:its or alley-ways adlacent thereto, free from all dirt, Utter, del rls, and
ob,atiuotlon, InCeding coint -os!r;, attorney fees sterage end in-erance uddennes on such effects for any length of tin Le tire tame =hall he in
the landlord's pessessl.,m urn the Landlord. at i's ept!on vdihout notice, may cell said ',fleets, or any or the scree, at private ar puhlbc
sale arid without legal process, for such prices as the landlord may of-t. ur, and apply the proceeds of s,h s 1. upon .r-if an m's ,!un
under this lease from the Tennat to the Landlord, and upon the expense incidental to the removal, cleaning II a premises, selling s rid
effects, and other expenses, render Ma snapt-rat if 'rny, to the Tenant, however,to the event the proceeds of said sale, er sales, Is trrsu itieient
to reimburse the Lnndlnrd, the Termite shell pay such edelirtem y nprp demand.
IE That In oon:rd,-alien rf the rrtn ,,f ten-rl as pent L--r herein tthe helng the rasa'e hereof, the Ten mi I^r Ly mar c n' Past
15 days prior to the expiration of the term hcrcrl. to give written ratio' to Parr h- ho rk Company, Ag'nt Ice 11P Ian lord of his int n
lion to snrenrt t p,^s so•slcr and 1 c the d mast pre:msns ruerring the final fit'^en d y period of this hare 1 if r, 'ru run e is not
so given the Tcnanl sir-h hn taF f--n nmi riETTi n to very, to the I.-ennead, 'mount canal to the monthly r-nta at; lig minted t<r:ur-5s.
and the T--non- agrees that sold . . air. rrasrncld-, and slat not be c nsidemd as a penalty.
17. T'hnt it during tl e con i - of tt; lense or the I m- hereby demised, the said premises shall he so damaged by fire or
other rasunity, rot nrl.ing from the fa its or negligence of the Tenant, or those in his employ, se that the said op shall thnrehy Fo
rendered unfit tar use or occupation, then, and in such case the rent herein reserved, or a lust and proprrtiennta part the-eof armordint
to the rendre red relent of the denier re which hits been s stn ine-t shall be abated until said premises shall have been duly r poised
and restored, which work of repair and restoration shall he done with a7 reasonable diligence. in case the said hr. Id leg shall ] s ^ :lot in
flatly de- rayed, so that the leare'l premises are not SerVerCe and restored within 120 days, the landlord shall leer ILe maim' ', canceI
this lease and end IFe term hereof, and in case of such coneellaHon the rent, and any other moneys due 'rod owl La to the I.ondtend sl all
he paid by the Tenant to the date the Tenant vacates said premises, and all further obligations upon the part of either party hereto, shall
cease and the ''ate hereby created shall thereupon terminute.
EXHIBIT "A"
to contract between
V. SCHAACK & COMPANY, AGENT, LAND, .D
and 7 .. y.: _�:
...:�.. . . . ..-. WELD..OistNTY CO .. . _- ----._ ;,,,..,. . _ .�, �:'.... �.;.....:: ::�. . . . e:
LORADO
_.. _. August 22, ...1975 -- -
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.-� VAN SCHAACK & COMPANY, AGENT
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18. That, it for any reason the said demised premises shall not be ready or available for occupancy on the dote specified herein,
this lease shall nevertheless continue in full force and effect and the Tenant shall have no right to rescind, cancel or temtinate the
same and the Landlord shell not be liable for damages, if any, sustained by the said Tenant on account of failure to obtain possession
at the date specified for commencement of the term herein, and in such event the rent for the said premises shall not commence until
the said Tenant is notified that said premises are available and ready for occupancy, and the date specified in the notification shall be used
for the beginning of the tens of this lease. That the Tenant acknowledges that he has examined the demised premises and appurtenances,
and the taking possession of said premises by the Tenant shall be conclusive evidence, as against the Tenant, that the said premises
and appurtenances were la good and satisfactory condition when possession of the same was token.
19. That this lease is subject and subatdioate to the lien of any trust deeds or mortgages now on, or which at any time may
be made a lien upon the premises, or the building in which the demised premises are situate, and to all advances made or hereafter
to be made upon the security thereof. The Tenant agrees to execute and deliver upon request such further instrument or instruments
subordinating this lease to the lien of any such trust deeds cr mortgages as shall be desired by any mortgagee or proposed mortgagee.
That the Tenant hereby appoints the Landlord his attotney.in-tact irrevocably, to execute, acknowledge rind deliver any such instrument
or instruments for the Tenant, as the Landlord may deem necessary.
DEPOSIT
20. That the Tenant concurrently, with the execution of this lease, has deposited with the Landlord and will keep on deposit at
all times during the term of this lease, the sum of $ NONE the receipt of which is hereby acknowledged, as security
for the payment, by the Tenant, of the rent herein agreed to be paid, and for the faithful performance of all of the terms, conditions and
covenants of this lease. If, at any time during the term of this lease, the Tenant shall be in default in the perferrnrnce of any of the
provisions of this lease, the Landlord shall have the right to use the said deposit, or so much thereof as necessmy, in payeefit of any
rental in default as ciforehrsd, '-cod in the relief . sem.ant of any expense incurred by the Landlord, and in payment of any damages
incurred by the LaneI t l n..0 t ., . I rift of the Tenant, or at the option of the Landlord, the same may be retained by the
Landlord and applied to ib u I.it: : -_r t1.gre jes suffered by it by reason of the default of the Tenant. In the event the raid deposit
has not been wooed as at r.en. it. �,.t t .u- , it or so much thereof as has not been utilized for said o
the Tenant, without interest, upon the full purpose;, shall be at to
F pertom:once of this Icaso by the Tenant.
21. Notwithstanding anything het ein contained to the con'rary. it is specifically understood and agreed that the Landlord herein does
not authorize the Tenant to make any additions, repairs or replacements to the demised pre arises without first chic ining the I AndlonTs
written consent and satisfying the Lcndlor.l that the costs involved will he paid in full by the Tenant, so that t.c person, fire.., or cor-
poration shall he able to assert a ben og.tnst said property. Nothing herein contained shall relieve the Tenant to make repairs cr re-
placements as }decided in :.aid lease.
T22. That any notice by the Landlord to the Tenant shall be deemed to be duly given, if in writing and either delivered to the
enant in person. to anyone at the demised premises, or posted on the demised premises, or mailed by certified or registered letter, in
y general or branch post office, enclosed in a prepaid envelope addressed to the Tenant at the address of the cernised premises. Any
notice by the Tenant to the landlord shall be in wilting and deemed to be duly given if mailed by certified or registered merit, return
receipt requested, in any general or branch post office enclosed in a prepaid envelope addressed to Van Schaack & Co., Agent,"32.4-11th—
Se—Dernrer-Colaractcr if thug]Terlyp t is 3paylnior the rentals to it, or to he party to whom the rent was paid for the current month.
I q e eylnrN a ion fire Bela d prernlses, or an, oiorauo
authorities, then and in that event the rental shall be adjusted ort nin a reof, ir be d taken and condemned for depending no purposes by the proper
demised premises so taken. Otherwise, insofar as the remainder of the demised premises manner eiduo on the shall a remain e of the
full force and effect, at the option of the Landlord. It is further agreed premises are concerned, the sold lease in
no claim against the Landlord, other than the adjustment of rent asher nbeforre mentioned,vent of condemnation
entitled to anyly' the f shall have
that may be awarded as damages or paid as a result of sucheresuo portion of any amount
23a. It is further agreed that the reducing or increasing the widthof or otherwisechant any the sidewalk adjagreement oining the e Landlord.
rem
changing ) h premises,
the widening, narrowing, improving, or changing of the street, or alley adjacent la or around the demised premises, the changing in
parking regulations, or prohibiting parking, or mating of any street a one-way street, or a through street, stop street, or boulevard, or
changing of bus stops, or anything else which In any manner affects pedestrian or vehicular traffic, shall in no way affect the within
lease, or entitle the Tenant .o any reduction, rebate, allowance, or any adjustment of rental or otherwise under the within lease.
RULES AND REGULATION'S
24. That dl the following rules and regulations shall be and are hereby made a part of this lease and the Tenant agrees for
himself, his employees and agents and any others permitted by the Tenant to occupy or enter said premises, will, at all times, abide
by said-rules and regulations; and a default in the performance thereof shall operate the same as any other default herein.
(a) Only such awnings., signs, lettering, placards and advertisements, including shades, coverings, drapes, pointing or covering
of display windows or doors, shall be used and placed on the outside walls, doors, windows, and on and within the show glass
and display space of the leased premises, as shall be first approved In writing, by the Landlord.
(b) Plumbing fixtures shall not be used for any purpose other than for which the same are intended, and any damage resulting
to the same from misuse on the part of the Tenant, his agents or servants, shall be paid by the Tenant. No person shall waste water
by tying or wedging the faucets, or otherwise.
(c) Tenants shall not install, put up or operate any machinery, motors or boilers, or carry on any mechanical business on said
premises, or use, or permit any inflammable substances in the demised premises. No article deemed extra hm:ardous on account
of fire, or other dangerous properties, or any explosive shall be brought into said premises, nor shall the Tenant do anything which
ma
y increase the rate of fire insurance on said building. No television sets or other electrical apparatus which interferes with other equip-
ment in the building in which the demised premises are located, shall be installed or used in the premises without the written per-
mission of the Landlord first obtained, and in the event the Landlord gives permission, said equipment shall be operated and used in
such a manner as to comply with the laws, ordinances, rules and regulations now in force or hereafter to become effective, and not
Interfere with other equipmer t in the building.
(d) Not interfere,in any way,with other tenants or those having business with them.
(e) Not allow anything to be placed on the outside ledges of the building, nor shall anything be thrown out of the windows or
doors or down the passageways or skylights of the building,
if) The Landlord, its agents and servants shall have the right to enter the demised premises at all reasonable hours and may
place and keep in. the windows and doors of said premises, during the ninety day period next prior to the expiration of the term hereof,
such usual "For Rent" signs as may be reasonably necessary in the advertising of the demised premises far rent. The Landlord shall also
have the right to show the demised premises to prospective purchasers, mortgagees, or prospective mortgagees at any time, and to
prospective tenants during the ninety day period before the expiration of the lease.
(g) All safes or other heavy articles shall be carried up or into the premises only at such times and in such manner as shall
be prescribed by the Landlori, and the Landlord shall in all cases have the right to specify the proper weight and position of any such
safe or other heavy articles. Any damage done to the building by taking in or removing any property, or from overloading any floor
in any way shall be paid for by the Tenant. Defacing or damaging in any way any part of the building or appurtenances shall he paid
for by the Tenant.
(h) No animal shall be Irept in or about the premises.
(I) No part of said premises shall, at any time, be used for living accommodations or a place of residence.
(I) No auction sale shall be permitted on the premises.
(k) Tenant agrees, upon termination of the tenancy hereby created, forthwith return and restore all keys of the demised premises
to the Landlord, or its agent, and upon failure to do so, pay the cost of changing locks and providing keys for same.
(1) The Tenant, before leaving the said premises cd any time, shall see that all windows are closed, tirus avoiding possible damage from the elements and waste of heat. •
(m) The Tencmt shall keep the show or display windows of said premises well lighted and unobstructed from dusk until 10 p. m.
each day during the term of this lease, whether the premises are open for business or not.
(n) The Tenant shall not install or use any additional lighting or electrical appliances, using electric light or power without first
obtaining the written consent of the Landlord therefor,
(o) The Tenant shall not display or keep merchandise, or other articles on sidewalks, doorways, or in front of demised premises,
in public hallways, or public areaways leading to, or adjoining premises.
(p) Tenant shall not replace fuses(for electric current)with fuses having greater amperes than for which the currents are designed. •
25. It is understood and agreed that the Tenant shall obtain their own certificate of occupancy for the use of the premises for the
purpose herein provided.
26. The tiders. x.tcxxy x.hereto attached and consisting oLXXXXXpages is/are hereby made a part hereof to the same extent
as though written out in full at this point.
27. That no waiver of any breach of any one or more of the conditions or covenants of this lease by the Landlord shall be deemed
to imply or constitute a waiver of any succeeding or other breach hereunder, and failure of the Landlord to insist upon the strict per-
formance
of the terms, covenants, agreements and conditions herein contained, or any of them, shall not constitute or be constored as
a waiver or relinquishment of the Landlord's right to thereafter enforce any such term, covenant, agreement or condition, but the same shall
continue in full force and offer'.
28. No payments of money by the Tenant to the Landlord after the giving of notice of termination or demand for possession by the
Landlord to the Tenant, shall reinstate, continue or extend the term of this lease or affect any notice given to the Tenant prior to the
payment of such money, it being agreed that after the service of notice or the commencement of a suit or after final judgment granting
the Landlord possession of said premises, the Landlord may receive and collect any sums of rent due, or any other sums of money due
under the terms of this lease, and the payment of such sums of money, whether as rent or otherwise, shall not waive said notice, cr in
any manner affect any pending suit or any judgment theretofore obtained.
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28_ That the Tenant will pay all attorney's fees and expenses of the Landlorcl incurred to enforce any of the obligations of the
Tenant under this lease, or in any litigation or negotiation, in which the Landlord shall, without its fault, become involved, through, or on
account of, the Tenant, his guests, servants or employees.
30. That the tenant acknowledges arid agrees that he has not relied upon any statements, representations, agreements, or war-
ranties, except such as are expressed herein.
31. That no amendment or modification of this lease, or any approvals or permissions of the Landlord required under this lease,
shall be valid or binding unless reduced in writing and executed by the parties hereto in the same manner as the execution of this lease,
32. Wherever the words "Landlord"and "Tenant"are used in this indenture, they shall include Landlords and Tenants and shall apply
to persona, both men and women, companies, partnerships and corporations, and in reading said indenture the necessary grammatical
changes required to make the provisions hereof mean and apply as aforesaid, shall be made in the same manner as though written into
this lease.
33. That the Landlord shall warrant and defend the Tenant in the enjoyment and peaceful possession of ;he premises dining the
term aforesaid, subject, however, to the terms of this lease and to the mortgages above mentioned. All of the terms, conditions and
covenants to be observed and performed by the parties hereto shall be applicable to and binding upon their heirs, executors, adminis-
trators, successors and assigns.
34. Additional Provisions:
1. Janitorial Service
No Janitorial Service will be provided by the Landlord.
2. Basement
The basement of the Old Greeley National Bank will be the Tenant's to use.
No Remodeling or redecorating will be performed by the Landlord in this area.
3. Redecorating and Remodeling
A maximum of $10,000.00 will be spent by the Landlord for the redecorating
and remodeling of the First floor of the Old Greeley National Bank. All re-
decorating and remodeling must be approved and supervised by the Landlord.
4. Cancellation
At any time during the within lease, Tenant has the right to cancel this
lease upon the giving of 90 days prior written notice to the Landlord. Such
written notice will be mailed by registered mail to Landlord's office at ]
Greeley National Plaza, Greeley, Colorado
Concurrently with the giving of the 90 days notice to cancel, Tenant must
pay in addition to the monthly rental of $1,947.92, an amount equal the sum of
1/5 of the total Landlord's cost for remodeling and redecorating times the
number of years or portions thereof remaining on the lease.
As soon as practicable after the occupancy of the Tenant, Landlord will
deliver to the Tenant a copy of all paid invoices in connection with the
remodeling and redecorating of the space.
35. Tenant shall pay annually and as additional rent, a proportionate share of any
increase in real property taxes assessed upon the building situated on Lots 33 & 34,
Block 44, City of Greeley, County of Weld, otherwise known as and numbered 801 8th Str et,
over the amount of taxes for the year 1975 and in the Owners casualty insurance pre-
miums providing fire and extended coverage protection to the premises. The amount of
such increase to be paid by Tenant shall be pro-rated to the portion that the floor
area of the premises demised to him bears to the total floor area of the building and
payment thereof shall be due within Ten (10) days following presentation of a state-
ment therefore.
Ui°-Y - l _ate-,r�1 August sJ..5...
Exec f d this 27th. day of__.-__ _ Au-
W :QUNTY COLO �DO
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,/- . �• VAN SC HTA .K & COMPANY, AGENT
/ FOR THE OWNER F R C7RD/ /
Tenant B ,,p�
• - Authority of the above mendioned agent to
ATTEST. -. -- / ---a execute the foregoing lease on behalf of the
COUNTY CLERK & RECORDER undersigned owner is hereby acknowledged and •
AND CLERK TO THE B R said leay0 approved.
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_Az7 - __________ to___ Greeley National Bank ,
C TY AT'TOR EY
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