HomeMy WebLinkAbout20151595.tiff RESOLUTION
APPROVE THIRTEEN (13) PARKING SPACE LEASES WITH VARIOUS ENTITIES
RE:
AND AUTHORIZE CHAIR TO SIGN
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 thirteen (13) Parking Space Leases
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 the
entities listed below, commencing upon execution of signatures, with further terms and conditions
being as stated in said leases, and
1) Robert Shreve Architect and Planners (2 spaces)
2) RGT, LLC (6 spaces)
3) Peter Morrell (1 space)
4) Diane Johnson (1 space)
5) Michael Reidel (1 space)
6) Sylvia Humphrey (1 space)
7) Bruce Johnson (1 space)
WHEREAS, after review, the Board deems it advisable to approve said leases, copies of
which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the thirteen (13) Parking Space Leases 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 the entities listed above be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said leases.
SG 61/4e/ 2015-1595
BG0017
THIRTEEN (13) PARKING SPACE LEASES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: !t( �,, / / EXCUSED
• vl'.Lf4�tC Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
n �• . Mike Freeman, Pro-Tern
BY: nn �C Cots Q ! ^
D ty Clerk to the oardenhow Se •
# 1 /% Sean P. Conway
APPROVED TO FOR r 'ti ` �►s �k 4; { eiraoci
Julie A. Cozad
County Attorney N��` •
ti
•
Steve Moreno
Date of signature: W ®` Y►so•
2015-1595
BG0017
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 7th day of May , 2015,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and
Debbie Brodzinski - RSAP , (hereinafter referred to as "Tenant") for the use by Tenant on
an reserved, assigned basis for the parking of parking stall 44 for the parking of standard
size passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot")
located at 804 7th Street, Greeley CO.
1 . LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue until April 1 , 2016 unless Tenant fails to timely
pay the Fee as set forth below or is otherwise in default under the Lease. The Parking
Privileges shall automatically terminate upon the expiration or termination of the Lease.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3 . FEE. Tenant shall pay to Landlord a parking fee (the Tee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre-pay for no more than one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces fir an artiwitu
during operational hours, the landlord shall provide another parking space. 2015-1595 ( I)
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON-LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot , including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§ §24- 10- 101 et seq., as applicable now or hereafter amended.
13 . NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. MODIFICATION. Any modifications to this agreement shall be in writing signed by both
parties.
TENANT:
Debbie Brodzinski — Robert Shreve Architects & Planners May 7, 2015
P ' Date
ed 5 •
Signature
LANDLORD:
ATTEST: .idD'A BOARD OF COUNTY COMMISSIONERS
Wedirty Clara() the B %and WELD COUNTY, COLORADO c..46s_LE%
beputy Cl rk to the Boa`: � Mike Freeman , Pro-Tem JUN p 2015
ot at
OVED AS O F ttor ant ' PROVED AS TO SUBSTANCE:
4. ' 44�
.i*X. 'j Nag
Controller """��l` ; Elected fficial or Department Head
sib. se
APPROV AS,;0,9414441 F _ r A
Director of General Services
County At
Checks shall be made out to Weld County. Checks mailed to:
Weld County
% DTZ
600 Grant St.
Suite 204
Denver, CO 80203
AD/5- )(5q��1
4
•
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 7th day of May , 2015,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and
Robert Shreve - RSAP , (hereinafter referred to as "Tenant") for the use by Tenant on
an reserved, assigned basis for the parking of parking stall 45 for the parking of standard
size passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot")
located at 804 7th Street, Greeley CO.
1 . LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue until April 1 , 2016 unless Tenant fails to timely
pay the Fee as set forth below or is otherwise in default under the Lease. The Parking
Privileges shall automatically terminate upon the expiration or termination of the Lease.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3. FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre-pay for no more than one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
1D/5-599(z
r
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON-LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot , including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§ §24- 10- 101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
FraMS IMMEL
District Court shall have exclusive jurisdiction to resolve said dispute.
16. MODIFICATION. Any modifications to this agreement shall be in writing signed by both
parties.
TENANT:
Robert Shreve — Robert Shreve Architects & Planners May 7, 2015
Date
\&ANAHLa
ignature
LANDLORD:
ATTEST: did, w BOARD OF COUNTY COMMISSIONERS
Weld ynt Clerk to the B and WELD COUNTY, COLORADO
BY: raa
tl.
Deputy C rk to the Board -S Mike Freeman , Pro-Tem JUN 01 2015
ROVED A TON: ► �. ) APPROVED AS TO SUBSTANCE:
Controller / ` ''����:�' '�'�� lected fficial or Department Head
APPRO AS TO F . � 14/A
Director of General Services
�r ...
County A . «
Checks shall be made out to Weld County. Checks mailed to:
Weld County
% DTZ
600 Grant St.
Suite 204
Denver, CO 80203
gojs-is62 )
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 7th day of May , 2015,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and
Judy Rayburn - RGT , (hereinafter referred to as "Tenant") for the use by Tenant
on an reserved, assigned basis for the parking of parking stall 47 for the parking of
standard size passenger vehicle parking located in the parking lot known as the Annex Lot "The
Lot") located at 804 7th Street, Greeley CO.
1 . LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue until April 1 , 2016 unless Tenant fails to timely
pay the Fee as set forth below or is otherwise in default under the Lease. The Parking
Privileges shall automatically terminate upon the expiration or termination of the Lease.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3 . FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre-pay for no more than one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
�7�� 5—/595^x)
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
•
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON-LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot , including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24- 10- 101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. MODIFICATION. Any modifications to this agreement shall be in writing signed by both
parties.
TENANT:
Judy Rayburn - RGT May 7, 2015
Print Date
Signature j
LANDLORD:
_
ATTEST: 'A BOARD OF COUNTY COMMISSIONERS
Weld C u ty Clerk to the Board WELD COUNTY, COLORADO
BY: FD rinfadatteet- --,„
Deputy Cl k to the Boat. q ` Mike Freeman , Pro-Tem JUN o 1 2015
.�
r
_ %
AP ROVED AS 4O F " G: i F �'�`% �� APPROVED AS TO SUBSTANCE:
186 , a.s
40 , � 40/ - `''t
SW\ ,
1" Elected fficial or Department Head
so I
Controller � �--Act,i lit � �
APPRO AS TO FO
Director of General Services
C my
Checks shall be made out to Weld County. Checks mailed to:
Weld County
% DTZ
600 Grant St.
Suite 204
Denver, CO 80203
SDI 5- /595(4)
a !
1
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 7th day of May , 2015,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and
Robert G. Tointon — Phelps-Tointon, Inc , (hereinafter referred to as "Tenant") for the use by
Tenant on an reserved, assigned basis for the parking of parking stall 48 for the parking of
standard size passenger vehicle parking located in the parking lot known as the Annex Lot "The
Lot") located at 804 7th Street, Greeley CO.
1 . LEASE TERM . Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue until April 1 , 2016 unless Tenant fails to timely
pay the Fee as set forth below or is otherwise in default under the Lease. The Parking
Privileges shall automatically terminate upon the expiration or termination of the Lease.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3 . FEE. Tenant shall pay to Landlord a parking fee (the Tee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre-pay for no more than one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
X15 -- /59,5/4)
S
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
•
8. NON-LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot , including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§ §24- 10- 101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
i
District Court shall have exclusive jurisdiction to resolve said dispute.
16. MODIFICATION. Any modifications to this agreement shall be in writing signed by both
parties.
TENANT:
Robert G. Tointon — Phelps-Tointon, Inc. May 7, 2015
Print Date
Sign e
LANDLORD:
ATTEST: dairielV ;&k, BOARD OF COUNTY COMMISSIONERS
Weld u ty lerk to the o d WELD COUNTY, COLORADO
BY: ThAit4-atiss
Deputy Cle to the Board 1 _ Mike Freeman , Pro-Tem JUN 0 1 2015
NN, V • &fa
APPROVED AS T F I ► 'a : ` • ' PROVED AS TO SUBSTANCE:
eatiat naval
!a •1
Controller at r lected` Official or Department Head
V1?6' Int AO-
APPR• lr , A TO • S. ! t' ./' NIA
tDirector of General Services
County>07 •
Checks shall be made out to Weld County. Checks mailed to:
Weld County
% DTZ
600 Grant St.
Suite 204
Denver, CO 80203
at' f5 '595 (Li
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 7th day of May , 2015,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and
Travis W. Gillmore — Phelps-Tointon, Inc , (hereinafter referred to as "Tenant") for the use by
Tenant on an reserved, assigned basis for the parking of parking stall 49 for the parking of
standard size passenger vehicle parking located in the parking lot known as the Annex Lot "The
Lot") located at 804 7th Street, Greeley CO.
1 . LEASE TERM . Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue until April 1 , 2016 unless Tenant fails to timely
pay the Fee as set forth below or is otherwise in default under the Lease. The Parking
Privileges shall automatically terminate upon the expiration or termination of the Lease.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3 . FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre-pay for no more than one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
j30/5 — 1595 (1)
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON-LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot , including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24- 10- 101 et seq., as applicable now or hereafter amended.
13 . NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
=Me ____4====mm
District Court shall have exclusive jurisdiction to resolve said dispute.
16. MODIFICATION. Any modifications to this agreement shall be in writing signed by both
parties.
TENANT:
Travis W. Gillmore — Phelps-Tointon, Inc. May 7, 2015
Print Date
g-zi es/
Signature
LANDLORD:
ATTEST: derife1) v• frido4 BOARD OF COUNTY COMMISSIONERS
Weld Co 7 Clerk to the Boa d WELD COUNTY, COLORADO
BY: t..i� / . . .�rr� Thataitter
Deputy Cler • o the Boars Mike Freeman , Pro-Tem
��♦ 1 2015
J!ll�t o
ROVED AS O F ► G. ;,; % • ' PROVED AS TO SUBSTANCE:aia0 Elected ' cial or Department Head
7-
Controller � �'���` , --- ,� p
APP : + QED AS T • ! •. • . ; _ ( A
Director of General Services
ount ey
Checks shall be made out to Weld County. Checks mailed to:
Weld County
% DTZ
600 Grant St.
Suite 204
Denver, CO 80203
m6-4595 (5)
O
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 7th day of May , 2015,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and
Jennifer Shute — Phelps-Tointon, Inc , (hereinafter referred to as "Tenant") for the use by Tenant
on an reserved, assigned basis for the parking of parking stall 50 for the parking of standard
size passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot")
located at 804 7th Street, Greeley CO.
1 . LEASE TERM . Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue until April 1 , 2016 unless Tenant fails to timely
pay the Fee as set forth below or is otherwise in default under the Lease. The Parking
Privileges shall automatically terminate upon the expiration or termination of the Lease.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3 . FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre-pay for no more than one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
070/4 59574)
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON-LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot , including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§ §24- 10- 101 et seq., as applicable now or hereafter amended.
13 . NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
•
District Court shall have exclusive jurisdiction to resolve said dispute.
16. MODIFICATION. Any modifications to this agreement shall be in writing signed by both
parties.
TENANT:
Jennifer Shute — Phelps-Tointon, Inc. May 7, 2015
Print Date
Siaature
LANDLORD:
ATTEST: SIC 1' •el BOARD OF COUNTY COMMISSIONERS
Weld •unty Clerk to the Bo. d WELD COUNTY, COLORADO
I /
BY: Argsfisessii
us� �
`Deputy Cleri to the Bozo* .N.`� _ Mike Freeman , Pro-Tern JUN 0 1 2015
APPROVED AS O F �:` egt? _ APPROVED AS TO SUBSTANCE:
t 00‘. titp:;
Controller ��I►i 4!' EficialorDepamentHeaa
S.FLAI!too,
APPRO AS TO FO • IV J r
Director of General Services
Co my A •
Checks shall be made out to Weld County. Checks mailed to:
Weld County
% DTZ
600 Grant St.
Suite 204
Denver, CO 80203
ao/ 5- /S ' 6,
S.
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 7th day of May , 2015,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and
Gerry Heise — RGT , (hereinafter referred to as "Tenant") for the use by Tenant on
an reserved, assigned basis for the parking of parking stall 51 for the parking of standard size
passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot") located at
804 7th Street, Greeley CO.
1 . LEASE TERM . Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue until April 1 , 2016 unless Tenant fails to timely
pay the Fee as set forth below or is otherwise in default under the Lease. The Parking
Privileges shall automatically terminate upon the expiration or termination of the Lease.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3 . FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre-pay for no more than one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: • 7
Ple/5
-16957
ti
if
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON-LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot , including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§ §24- 10- 101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
.?
,
District Court shall have exclusive jurisdiction to resolve said dispute.
16. MODIFICATION. Any modifications to this agreement shall be in writing signed by both
parties.
TENANT:
Gerry Heise—Greeley Philharmonic Orchestra May 7, 2015 .
Print Date
7
Signature
LANDLORD:
ATTEST. Wahl& BOARD OF COUNTY COMMISSIONERS
Weld C • . my lerk to the Boar. WELD COUNTY, COLORADO
/ .�,.-
BY: st...61k �"-
A%4% InAllatt...•s-*
�. ' __ !�
Deputy Cle to the : 014r ` Mike Freeman , Pro-Tern JUN ® 1 7015
� ` Ail
APPROVED AS TO F 1 •=' ti% APPROVED AS TO SUBSTANCE:3_614,aai.10 i tatte- ;II' ad \r7) -
ifr
Controller "4.,54/111::.0-, Elected official or Department Head
APPRO f A TO !' '. ' : ` ri ` A
Director of General Services
County Ate• y
Checks shall be made out to Weld County. Checks mailed to:
Weld County
% DTZ
600 Grant St.
Suite 204
Denver, CO 80203
5 -159' 5 (7
a�Ol
A
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 7th day of May , 2015,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and
Carolyn Rohrig — RGT , (hereinafter referred to as "Tenant") for the use by Tenant on
an reserved, assigned basis for the parking of parking stall 52 for the parking of standard size
passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot") located at
804 7th Street, Greeley CO.
1 . LEASE TERM . Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue until April 1 , 2016 unless Tenant fails to timely
pay the Fee as set forth below or is otherwise in default under the Lease. The Parking
Privileges shall automatically terminate upon the expiration or termination of the Lease.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3 . FEE. Tenant shall pay to Landlord a parking fee (the Tee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre-pay for no more than one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
5—/595(1A0l
J
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON-LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot , including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24- 10- 101 et seq., as applicable now or hereafter amended.
13 . NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
r
District Court shall have exclusive jurisdiction to resolve said dispute.
16. MODIFICATION. Any modifications to this agreement shall be in writing signed by both
parties.
TENANT:
Carolyn Rohrig — Mariposa Plants & Flowers May 7, 2015
Print Date
07A0 Lir) FObt
Signature
LANDLORD:
ATTEST: Waits& Jd o;c BOARD OF COUNTY COMMISSIONERS
Weld Co y lerk to the Boa WELD COUNTY, COLORADO
BY: TNA;‘;1„ua... .,
Deputy Cler to the Board '�1 Mike Freeman , Pro-Tem
� �� � . • 1 _ /j � JUN 012019
OVED AS F '� ! : ►� APPROVED AS TO SUBSTANCE:
.aA2140
Controller t . '.,, Elected Of icial or Department Head
APP • . - . • ` j^ � :� - ICI I�}
Director of (General Services
County,, i rney
Checks shall be made out to Weld County. Checks mailed to:
Weld County
% DTZ
600 Grant St.
Suite 204
Denver, CO 80203
080/5-/ 595 0
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 7th day of May , 2015,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and
Pete Morrell - Morrell & Assoc. , (hereinafter referred to as "Tenant") for the use by Tenant on
an reserved, assigned basis for the parking of parking stall 53 for the parking of standard
size passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot")
located at 804 7th Street, Greeley CO.
1 . LEASE TERM . Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue until April 1 , 2016 unless Tenant fails to timely
pay the Fee as set forth below or is otherwise in default under the Lease. The Parking
Privileges shall automatically terminate upon the expiration or termination of the Lease.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3 . FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre-pay for no more than one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
Jul 5e 595 (9
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
4
8. NON-LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot , including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24- 10- 101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15 . CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. MODIFICATION. Any modifications to this agreement shall be in writing signed by both
parties.
TENANT:
Pete Morrell — Morrell & Associates May 7, 2015 .
Print Date
6-9_,Z>n 977c-17
Signature
LANDLORD:
ATTEST: SAitheV W tda;tok BOARD OF COUNTY COMMISSIONERS
Weld Co ty C rk to the Boa WELD COUNTY, COLORADO
BY:
Deputy Clerk o the Board A,� � Mike Freeman , Pro-Tem JUN 0 1 2115
erN 1 . i ‘;%
OVED AS F e Iii %.44.. .
4 '% APPROVED AS TO SUBSTANCE:
.a . is! 4„:;*". Ng
Controller laSI`'„ ' Spy~'l Elected O ficial or Department Head
APP ED AS TO • '.' ' ~S, r.,lic
� NI 1 n
`r". - *sr Director of General Services
0
Checks shall be made out to Weld County. Checks mailed to:
Weld County
% DTZ
600 Grant St.
Suite 204
Denver, CO 80203
de/54595-M
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 7th day of May , 2015,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and
Diane Johnson , (hereinafter referred to as "Tenant") for the use by Tenant on
an reserved, assigned basis for the parking of parking stall 54 for the parking of standard
size passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot")
located at 804 7th Street, Greeley CO.
1 . LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue until April 1 , 2016 unless Tenant fails to timely
pay the Fee as set forth below or is otherwise in default under the Lease. The Parking
Privileges shall automatically terminate upon the expiration or termination of the Lease.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3 . FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre-pay for no more than one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
0
8. NON-LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot , including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24- 10- 101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
•
District Court shall have exclusive jurisdiction to resolve said dispute.
16. MODIFICATION. Any modifications to this agreement shall be in writing signed by both
parties.
TENANT:
Diane Johnson May 7, 2015
Print Date
signature
LANDLORD:
ATTEST: Si ithiAte BOARD OF COUNTY COMMISSIONERS
Weld t Clerk to the Bard WELD COUNTY, COLORADO
BY: Aimmenows,
TaA---44 2J11.1.
Deputy Cl k to the Bo.. LINN • Mike Freeman , Pro-Tem
♦ ;
JUN 0 1 2015
APPROVED AS TO F I i G i ; et% APPROVED AS TO SUBSTANCE:
. At , , 186 ' ,�,a
' '
Controller � `j�rl� . 't.� - � 'A. Elected O icial or Department Head
�
Akiki4 -ware • INiih-
APPR• �'I AS TO F . - --
f Director of General Services
r w
C . ny .-
Checks shall be made out to Weld County. Checks mailed to:
Weld County
% DTZ
600 Grant St.
Suite 204
Denver, CO 80203
r
t
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 7th day of May , 2015,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and
Michael L. Reidel — Attorney at Law, (hereinafter referred to as "Tenant") for the use by Tenant on
an reserved, assigned basis for the parking of parking stall 55 for the parking of standard
size passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot")
located at 804 7t'' Street, Greeley CO.
1 . LEASE TERM . Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue until April 1 , 2016 unless Tenant fails to timely
pay the Fee as set forth below or is otherwise in default under the Lease. The Parking
Privileges shall automatically terminate upon the expiration or termination of the Lease.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3 . FEE. Tenant shall pay to Landlord a parking fee (the Tee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre-pay for no more than one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
6e/ -1595 (it)
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
i
8. NON-LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot , including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§ §24- 10- 101 et seq., as applicable now or hereafter amended.
13 . NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. MODIFICATION. Any modifications to this agreement shall be in writing signed by both
parties.
TENANT:
Michael L. Reidel - Attorney at Law May 7, 2015
Print Date
Patifiefe..LZ
Signature
LANDLORD:
ATTEST: diedredkiv• • BOARD OF COUNTY COMMISSIONERS
Weld o nt Clerk to the Bo. d WELD COUNTY, COLORADO
BY: • !: '*ur .riper
Deputy C k to he Boat \ . 1 . /� \ Mike Freeman , Pro-Tem JUN 0 1 2015
OVED AS T FA' G Ai f �.� ,� 4111 APPROVED AS TO SUBSTANCE:
OVED T aiath
g 44;r
Controller - tai' ''� " - / Elected I ficial or Department Head
APPRO D AS TO FO -
Director of General Services
Checks shall be made out to Weld County. Checks mailed to:
Weld County
% DTZ
600 Grant St.
Suite 204
Denver, CO 80203
4,q9/5- /5 95 (i
1 f
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 7th day of May , 2015,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and
Sylvia Humphrey - Morrell & Assoc., (hereinafter referred to as "Tenant") for the use by Tenant
on an reserved, assigned basis for the parking of parking stall 56 for the parking of
standard size passenger vehicle parking located in the parking lot known as the Annex Lot "The
Lot") located at 804 7th Street, Greeley CO.
1 . LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue until April 1 , 2016 unless Tenant fails to timely
pay the Fee as set forth below or is otherwise in default under the Lease. The Parking
Privileges shall automatically terminate upon the expiration or termination of the Lease.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3 . FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre-pay for no more than one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the day to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
2 '/6-i595
$
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view mirror of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
I
•
8. NON-LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot , including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§ §24- 10- 101 et seq., as applicable now or hereafter amended.
13. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15 . CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
i '
•
District Court shall have exclusive jurisdiction to resolve said dispute.
16. MODIFICATION. Any modifications to this agreement shall be in writing signed by both
parties.
TENANT:
Sylvia Humphrey — Morrell & Associates May 7, 2015
Print Date
Signature
LANDLORD:
ATTEST: darAdtAi moo. � BOARD OF COUNTY COMMISSIONERS
Weld •yunty Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Cl k to the Boar• �. % Mike Freeman , Pro-Tem 'JUN 0 1 251
PROVED AS O F , 4 �` APPROVED AS TO SUBSTANCE:1/42
yriController I —t � ,:. _ Elected O ficial or Department Head
APPROV AS TO FORM: � S �''
" P%1 /A e-
Director of General Services
Co
Checks shall be made out to Weld County. Checks mailed to:
Weld County
% DTZ
600 Grant St.
Suite 204
Denver, CO 80203
2C/5- 1595 (1e))
0
PARKING LEASE AGREEMENT - ANNEX LOT
THIS LEASE AGREEMENT is made and entered into this 7th day of May , 2015,
by and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (hereinafter referred to as "Landlord") and
Bruce Johnson , (hereinafter referred to as "Tenant") for the use by Tenant on
an reserved, assigned basis for the parking of parking stall 57 for the parking of standard
size passenger vehicle parking located in the parking lot known as the Annex Lot "The Lot")
located at 804 7th Street, Greeley CO.
1 . LEASE TERM. Tenant's right to the Parking Privileges shall commence on the date of
execution of the Lease and shall continue until April 1 , 2016 unless Tenant fails to timely
pay the Fee as set forth below or is otherwise in default under the Lease. The Parking
Privileges shall automatically terminate upon the expiration or termination of the Lease.
2. TERMINATION. Landlord has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. Upon termination of this
Agreement by Landlord, Tenant shall have no claim of any kind whatsoever against the
Landlord by reason of such termination or by reason of any act incidental thereto, except for
the abatement of Tenant's Fee is in full satisfaction of any claim for damages Tenant or its
Designated Users may suffer due to the inability to park in the structure.
3 . FEE. Tenant shall pay to Landlord a parking fee (the "Fee") per space in the amount of fifty
dollars ($50.00) per quarter. Landlord shall be entitled to increase or decrease the charge per
parking space from time to time upon not less than one month's written notice to Tenant of
such increase or decrease. All payment of the Fee shall be made in advance, without notice or
set off, at the address for payment under the Lease, or at such place as Landlord from time to
designates in writing. Tenant shall pay the Fee for the first quarter with delivery of this
Agreement executed by Tenant and on the first day of each succeeding quarter during the
Lease Term. IfTenant executes this License on a day other than the first day of a quarter, the
Fee for the fractional quarter shall be prorated on a daily basis. IfTenant fails to pay the Fee
in a timely manner, Landlord, at its election, may cancel Tenant's right to use the number of
Spaces for which Tenant has failed to pay and shall notify Tenant of such cancellation. If the
Parking Privileges, or a portion thereof, are canceled, Tenant shall remain liable to Landlord
for all Fees and other sums accrued and unpaid thereunder to the date of such cancellation.
Tenants may pre-pay for no more than one year only.
4. LANDLORD TO MAINTAIN CONTROL OF LOT. Landlord shall have the right at any time
to change the arrangement or location of, to regulate the use of Spaces, or terminate this
agreement without incurring any liability to Tenant or its Designated User or entitling
Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to
assign designated areas of The Lot for use by particular persons or groups of persons and
Tenant shall refrain from parking in such Spaces. Tenant acknowledges that the Spaces are
individually designated or reserved for use by Tenant and that Tenant will use the Spaces in
The Lot during the periods of operation. Landlord may grant the right to use The Lot during
other hours of the thy to other entities. Should the Landlord elect to use the assigned spaces for an activity
during operational hours, the landlord shall provide another parking space.
5. RULES / PARKING PRIVILEGES. The use of the Spaces is subject to the following rules: •
2t9/5-1595 CI 2)
1
A. DESIGNATED USERS. Tenant may designate use of the Spaces to specific
individuals ("Designated Users"), however Tenant shall be responsible for payment of
the Fee and all other obligations hereunder. Tenant agrees to provide Landlord with a
listing of all vehicles of Designated Users, including names of vehicle owners, vehicle
models, color, and license plate numbers with the execution of the Lease, and Tenant
shall provide Landlord with revised listing promptly after any change to the listing.
Landlord shall provide Tenant with hang tags for each Space. If appropriate, Tenant
shall deliver to Tenant's Designated Users hang tags provided by Landlord which hang
tags shall at all times be displayed prominently on the rear view minor of vehicles of
Designated Users. Landlord shall have the right to directly ban any Designated User
from further use of any of the Spaces for violation of the rules for the use of Spaces.
B. ASSIGNED PARKING. Tenant and Designated Users shall park only in parking
spaces assigned and not on other areas designated as "no parking" areas or other
assigned spaces.
C. CLOSING OF THE LOT. Tenant and Designated Users shall observe the special
hours of opening, closing and non-use of The Lot when closings are necessary for
repairs, cleaning and rehabilitation. Should any repair or rehabilitation result in
Tenant not being provided the Spaces in The Lot or an alternate parking facility,
the abatement of Tenant's obligation to pay the Fee during the period that parking
is unavailable shall constitute Tenant's sole remedy in the event of such
unavailability.
D. AUTOMOBILE PARKING ONLY. Tenant and Designated Users shall use the
Spaces only for automobile parking.
E. NO UNAUTHORIZED USE. Tenant and Designated Users shall not allow
unauthorized vehicles to use the Spaces and, except for emergencies, shall not repair
nor authorize service to vehicles parked in The Lot.
6. CASUALTY OR CONDEMNATION. If any portion of The Lot shall be damaged by
casualty or shall be taken by right of eminent domain or by condemnation or shall be
conveyed in lieu of any such taking, the Parking Privileges shall automatically cease and
terminate and the Fee and all other sums payable hereunder shall be duly apportioned to
the date of such casualty, taking, or conveyance. Tenant thereupon shall surrender to
Landlord the Spaces and all interest therein, and Landlord may re-enter and take possession
of the Spaces. Should the parking facility become inoperative for any reason whatsoever
or the use of the Space be prohibited by any governmental authority or by strike or other
labor difficulties, the abatement of Tenant's Fee is in full satisfaction of any claim for
damages Tenant or its Designated Users may suffer due to the inability to park in the
structure
7. NO ASSIGNMENT. Tenant shall not be permitted to assign the Spaces or any interest herein
or permit the Space or any part thereof to be used by other than Designated Users without
the prior written consent of Landlord, which consent may be granted or withheld in
Landlord's sole discretion. Tenant shall remain primarily liable for the performance of the
obligations of Tenant hereunder notwithstanding any assignment or occupancy arrangement
permitted or consented to by Landlord.
8. NON-LIABILITY AND INDEMNIFICATION. Neither Landlord or its agents shall be
liable for any damage, fire, theft or loss to vehicles or other properties or persons while in
The Lot, whether caused by theft, collision, moving vehicles, explosion, fire, or any
other activity or occurrence in such Building, unless caused by the willful act or
omission of Landlord. Tenant and/or its Designated Users assume the risk of such loss
or damage and shall indemnify, defend and hold Landlord and its agents harmless from
any and all claims against and damages incurred by Landlord arising from Tenant's or the
Designated Users' use of The Lot , including all costs, attorneys' fees, expenses and
liabilities incurred on or about any such claim or action.
9. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and Landlord may
grant the right to use The Lot during other hours of the day to other entities. Should the
Landlord elect to use the assigned spaces for an activity during operational hours, the
landlord shall provide another parking space.
10. ENTIRE AGREEMENT/MODIFICATIONS. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11 . SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
12. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§ §24- 1 0- 101 et seq., as applicable now or hereafter amended.
13 . NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
14. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
15. CHOICE OF LAW / JURISDICTION. Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Tenant agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
16. MODIFICATION. Any modifications to this agreement shall be in writing signed by both
parties.
TENANT:
Bruce Johnson May 7, 2015 .
Print Date
Signature ,
LANDLORD:
ATTEST: With& G tdD;ok BOARD OF COUNTY COMMISSIONERS
Weld C unijy lerk to the Br id WELD COUNTY, COLORADO
BY: - 5 --Q
aft WAS Ana
Deputy Cle c to the Boa ► : ' . /1) \ Mike Freeman , Pro-Tem JUN 0 1 21:115
0` 'S
APPROVED AS TO F I► r ,.s 4, 4ti'. APPROVED AS TO SUBSTANCE:a .4". / 1 , ,L, .i , -,,,rftv,, 4 __
Controller =v'i.;-. 1.0 . ;• `-%a ,.,„ , f Elected ficial or Department Head
. 111 J
APP O D - : O ' &Quae "", - 1
Director of General Services
.r .
Count /• orney
Checks shall be made out to Weld County. Checks mailed to:
Weld County
% DTZ
600 Grant St.
Suite 204
Denver, CO 80203
40/5/595 (,P•)
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