The URL can be used to link to this page

Browse Search

Home My WebLink About780609.tiff RESOLUTION RE: APPROVAL OF LEASE FOR THE FORT LUPTON SERVICES BUILDING BY AND BETWEEN THE CITY OF FORT LUPTON AND THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO. 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 two year lease by and between the City of Fort Lupton, Colorado as Lessee, and the Board of County Commissioners of Weld County, Colorado, as Lessor, has been presented to the Board of County Commissioners for its approval and execution, and WHEREAS, after review of said two year lease at $200. 00 per month, the Board of County Commissioners finds it in order and desires to execute the same, a copy of which is attached hereto and incorported herein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the aforementioned lease be, and hereby is approved. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners is authorized to sign the same. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of January, A.D. , 1978. 4e4ti BOARD OF COUNTY COMMISSIONERS IATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder �� and LFlerk to the Bcirara' By• fin,v1X t U \rV LA) aut (Deputy County `Ca rk �' ✓� �; � ,�. !sC APP D AS TO FORM: /n � � �`- K �2 / � `'�''(�/ �� 0-L,. 1 2. Vic County ©torney 780609 �, , r 1e.,: �1" �' Date Presented: January 16, 1978 o Recorded et ...__ � o'clock _...iQ_M-. - C F B 2 1978 � Rec. ro. 1743534 Cl :71GIrV Mary Ann Feuerstein, Recorder 0 • T - i� No.966. BUSINESS LEASE—Long Form.—Bradford Publishing Company,1824 Stout Street,Denver,Colorado-4-72 THIS INDENTURE, Made this 4th day of January A. D. 1978 between THE CITY OF FORT LUPTON, QQLQ1tAQA, the lessor and BOARD OF COUNTY COMMISSIONERS, WELD COUNTY,, 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 leases.-.. unto the said lessee the following degtibed premises,situate in the County of Weld 27 C 1 in the State of Colorado, to-wit• L.Th South t:alf of Lot 12 and all of Lots 13 ana 14, .,loci` 14 , it Twombly' s Ad:lition to the Tows, of rt Fort Lupton, County of Weld, State of Colorado. I, Also known as street and number 453 1st Street, Fort Lupton, Col8 o, c1TO HAVE AND TO HOLD the same with all appurtenances unto the said lessee from twelve o'clock noon c of the 1,S t day of JhAMAg4ry ,A.D. 19.71i...,until twelve o'clock noon of the 1st day of January A.D.19 80 ,at and for a rental,for the full term aforesaid, of FOUR Taovs&&p E.IG1j'l EZUEYt?R.D...F 4D 00110.0 dollars,payable in monthly installments of..TWQ...111.14 i[P.RP...MA Q.Q./..10.0 dollars per month, r'. czi in advance,on or before twelve o'clock noon, on the 1st day of each calendar month during said term at the office of C.ity....C,lerk., City....of..X.o..t...Lupton., , Colorado,without notice, This lease shall be automatically renewable oa..__terms....mutually agreeable for additional successive annual (one year) terms unless otherwise terminated by either of the parties herein by either party giving the other party 60 days notice prior to the end of the primary or additional annual term of their intention to terminate the lease . Notice shall be by certified mail return receipt requested. And the said lessee in consideration of the leasing of said premises as aforesaid, covenant and agree S 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 deliver up said premises in as good order and condition as when the same were entered upon, loss by fire, inevi- table accident or ordinary wear excepted; to sublet no part of said premises, nor assign this lease or any interest herein, with- out the written consent of the lessor first being obtained'to use gild premises for no purpose prohibited by the laws of the United States,or the State of Colorado,or the ordinances of +he City of Fort Lupton, Colorado, 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, and obstructions; to keep said.premises and In the sanitary condition required by the ordinances and the healthand police regulations of The' Ci,.tY Q4p Eont_.Lapt,ion4....C.o1arado., 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 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 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 persons, nor liable for any injary 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 breaking or stoppage results from freezing or otherwise• to neither permit nor suffer said premises, or the wells 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,nor make any alterations or change in,upon, or about said premises without first obtaining written consent therefor; to permit the lessor to place a"For Rent"card upon said premises at any time after thirty days before-the end of this lease;to allow said lessor at any reasonable hour of the ay to enter in of upon and, o through and view said premises; to occupy the same as a general purpose County office building. It is agreed by Lessor that Lessee may make such reasonable modifications of the building at its expense as are necessary in order for it to function as a usable County office building provid- ing plans and specifications of such modifications are submitted to and approved by the City. All modifications made or installed by Lessee shall be removed if requested by Lessor and the premises, at option of the Lessor, shall be restored to the condition existing at the time this lease commenced. , a��822 1743534 - a It is agreed that all assessments for water rents that may be levied against said premises during the continuance of this lease shall be paid by the said less and 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 be a waiver of any succeeding or other breach. It Is mutually agreed that if after the expiration of this lease by lapse of time the lessee shall, with the consent of the lessor, 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. It is further mutually agreed that in case said premises are left vacant,and any part of the rent herein reserved be unpaid, then the lessor may,without in anywise being obligated 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 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 for the balance of the rent herein reserevd 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 be 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 any part thereof, either with or without process of law, to re-enter, and the said lessee or any person or persons occupying the same, 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 lessor And if at any time said term shall be ended as aforesaid or in any other way, the said lessee hereby covenant ' and agree to surrender and deliver up said premises peaceably to said lessor Immediately upon the termination of said term, and if the lessee shall remain in possession of the same after the termination thereof, said lessee shall be deemd 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 of lessee hereunder shall thereupon terminate and cease. • IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals the day and year first above written C .. Y..CORT_.. UP. N.... .... SEAL) $ __.... (SEAL) —� Mayor X44 (SEAL) City Clerk as BOARD OF COUNTY COMMISSIONERS, COUNTY OF WELD By Dtdalor J sF •• 822 1743534 STATE OF COLORADO, It }ss. County o£._.W$ya.. ) / , 9.14C C'�-'t� a Notary Public in and for the said Weld County, in the State aforesaid, do hereby certify that JQe....1?.. MaZtiLla ...8II57.--. O.S.e M, Bowles who are personally known to me to be the person whose names are subscribed to the annexed instrument of writing, appeared before me this day in person, and ackmowleged that they signed, sealed and delivered the said instrument of writing as their free and voluntary act and deed,for the uses and purposes therein set forth. %%% %% - -- ... gg )Givk(buBC,r'my hand and official seal, this day of , A.D. 19.. 1,x._.. •-•` My come}side expires .. , 19 ;tY J • \ " Notary Public. 1 hU rte. : �,•' J � , STATE OF COLORADO, County o£ Weld ss Ruth I. Kelly a Notary Public in and for the said Weld County, in the State aforesaid, do hereby certify that Ed Dunbar who 1S personally known to me to be the person whose name -S subscribed to the annexed instrument of writing, appeared before me this day in person, and acknowleged that he signed, sealed and delivered the said instrument of writing as his free and voluntary act and deed,for the uses and purposes therein set forth. on behalf of the Weld County Board of County Commissioners . 16th January 73 Given under my hand and official seal, this day of y ,A. D. 19 My commission expires......MY Commission Expires Jan. 26, T9810 . 4 • Notary Public. . -.�- Tid GUARANTEE For value received hereby guarantee the payment of the rent and the performanc of the cove- nants and agreements by the lessee in the within Lease convenanted and agreed, in manner and form as in said Lease provided. Witness hand and seal this day of , A. D. 19 (SEAL) (SEAL) . 1..0 , t Bco( 822 1743534 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 ex- press 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 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 assume and agree to make all the payments and perform all the covenants and agreements in said Lease contained, by the lessee therein agreed to be made and performed. Witness hand and seal this day of , A. D. 19 (SEAL) (SEAL) CONSENT TO 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 payment of the rent and performance of the covenants on the part of the lessee as therein mentioned, and that no further assignment of said Lease or sub-letting of the premises or any part thereof shall be made without further written assent first had thereto. Witness hand and seal this day of , A. D. 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 , A. D. 19 (SEAL) (SEAL) N v 6 T N + 0 7 Uto a co .y ! CZ 0 m T 'r 47 o m tFl N E (VD xs , . ( y lr H O 1 g rY e`VJ$t 4 h '? -'+ >- C3 c- an y '- x o +/ it l --v it• yg D mA r` C e k 4 s in t 7 Q! S, a-) h a N _ N > W �-t!i 11 r-x f j �. 0. !rl !i c FORT ill City of ,.fort Lupton { . Plod .44� Tar rr COUNTY OF WELD 18 ro-, 330 PARK AVENUE FORT LUPTON (3031 857-6667 PO.BOX 158 DENVER METRO 13031 893-5404 qq �� 1 FORT LUPTON,CO. 80621 GREELEY METRO 13031785-6108 '.. 4 0 L Q RAD© December 27, 1977 Board of County Commissioners Weld County Colorado P. O. Box 758 Greeley, Co. 80631 Attn: Commissioner Roe Dear Leonard : Enclosed please find the lease for the Fort Lupton Library building. I have read the terms to the Mayor after the lease was drawn up by our attorney, and having received his approval I am forwarding it to you for your consideration and approp- riate action. If you have any questions or comments in regard to the terms please do not hesitate to call. Sincerely, Jim Black City Administrator Hello