HomeMy WebLinkAbout20150438.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR 1020 9TH AVENUE, GREELEY, AND
AUTHORIZE CHAIR TO SIGN - NARANJO INVESTMENT, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Lease Agreement at 1020 9th Avenue,
Greeley, Colorado, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and the Naranjo Investment, LLC, commencing on
February 9, 2015, through and until February 9, 2016, with further terms and conditions being as
stated in said lease agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease agreement,
a copy of which is attached hereto and incorporated herein by reference, conditional upon receipt
of a signed original consistent with the content as provided.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Lease Agreement at 1020 9th Avenue, Greeley, Colorado, between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and the Naranjo Investment, LLC, and hereby is, conditionally approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of February, A.D., 2015, nunc pro tunc February 9, 2015.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, OLORADO
ATTEST: d. C ( ja_Sok
�+C•c� arbara Kirk yer, C air
Weld County Clerk to the Board
Freeman, Pro-Tem
it ty Clerk to he Board f ;�!`, . CI SED
11161 t -,0; -•' Ti Q. Conw�,r
APPROV ASTOOFFORM:
% Cozad
County Attorney
alao Steve Moreno
Date of signature:
CC B6 ere)c241,
2015-0438
PR0034
•
LEASE
THIS LEASE,made and entered into this r day of cEt5 , 20ES,by and between the
COUNTY OF WELD,a political subdivision of the State of Colorado,by and through the Board of
County Commissioners of the County of Weld,whose address is 1150"O"Street,Greeley,Colorado
80632,hereinafter referred to as"Landlord",and Naranjo Investment,LLC whose address is 1863
2M Ave,Greeley,Colorado 80631 hereinafter referred to as'"tenant."
WITNESSETH:
That in consideration of the payment of the rent and the keeping and performance of the
covenants and agreements by Tenant,hereinafter set forth,IAndlord hereby leases unto Tenant the
following described premises,situated in the County of Weld and in the State of Colorado,to-wit:
approximately eighteen hundred(1,800)square feet of retail/office space located at 1020 9m Ave,
Greeley,Colorado, 80631 hereinafter referred to as the Premises. .
TO HAVE AND TO HOLD the same with the appurtenances unto Tenant fora period of one
year,beginning on the 9th day of February,2015 ,through and until the 9m day of February,2016,
subject to the termination provisions stated herein,at and for a rental of Six Hundred($600.00)per
month,and Seven Thousand and Two Hundred and no/100,($7,200.00)per year.Said monthly rent
is payable on or before the first day of each calendar month at the office of the Landlord.
1. Tenant, in consideration of leasing of said premises as aforesaid, covenants and agrees as
follows:
•
a. Tenant shall pay the rent in the amount of$600.00 per month to the Weld County
Accounting Department,P.O.Box 758,Greeley,Colorado 80632(or to any location
identified by Landlord in the future)for the premises es hereinabove described;
b. Tenant shall use ordinary care when using the improvements found on the Premises;
c. Tenant shall not sublet any part of the Premises,nor assign this Lease or any interest
herein,without the prior written consent of the Landlord,which consent shall not be
unreasonably withheld;
d. Tenant shall not use the Premises for any purpose that is illegal.
e. Tenant shall keep the Premises clean,and in the sanitary condition required by the
Ordinances and the Health and Police Regulations of the City of Greeley and/or the
County of Weld;
f. Tenant shall allow Landlord at any reasonable hour of the day to enter into or upon
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and go through and view the Premises, or make any reasonable repairs to the
Premises or improvements or equipment therein;
g. Tenant shall contract for and pay all costs for utilities and trash removal;
h. Tenant shall provide snow removal services in front of and around the leased
premises as required by the City of Greeley, and needed by the Tenant in order to
operate its business;
i. Tenant shall obtain and maintain insurance sufficient to cover the contents
maintained by Tenant within the premises.
j. Tenant shall be responsible for the security of the building and the safety of the
contents of the Premises.
k. Tenant shall be considered the owner of all internal improvements insofar as they
pertain to the operation of the Tenant's business,and shall be entitled to remove said
improvements at the expiration of the lease,as long as Tenant repairs any damage to
the wall, floor or ceiling caused by the removal of said improvements from the
premises.
1. In the event any rental payment required herein is not made within five(5)days after
the payment is due,a late charge in the amount of Seventy Dollars($70.00)will be
paid by Tenant.
m. Tenant has examined and accepts the Premises in its present condition. In no event
shall the Landlord be liable for any defect in the Premises or any limitation on the use
of the same.
n. Tenant shall be responsible for all payment with regard to any repairs, taxes, and
operations and maintenance costs.
2. Landlord,in consideration of leasing said premises,covenants and agrees as follows:
a. Landlord shall maintain liability,fire and premises insurance covering the premises;
3. Furthermore,the parties hereto agree as follows:
a. The term of this lease shall be 12(12)months,beginning on the 9th day of February
2015,and terminating on the 9'h day of February,2016.
b. No assent,express or implied, to any breach of any one or more of the
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covenants or agreements hereof shall be deemed or taken to be a waiver of any
succeeding or other breach;
c. In case the Premises is left vacant and any part of the rent remains unpaid, the
Landlord may,without being obligated to do so,and without terminating this Lease,
retake possession of said premises and utilize the same as the Landlord may think
best, making such changes and repairs as may be required, giving credit for the
amount of rent so received less all expenses of such changes and repairs,and Tenant
shall be liable for the balance of the rent herein reserved until the expiration of the
term of this Lease;
d. Tenant agrees to indemnify,save,and hold harmless Landlord from any and all loss,
injury, or damage whatsoever, incurred by Tenant as the result of fire, flood,
inclement weather, or other casualty, other than by negligence of the Landlord
Neither Landlord nor its agents shall be liable for any.damage or injury to third
parties that occurs on the property unless caused by or due to the willful misconduct
or gross negligence of the Landlord. If Tenant is aware of a defect in the property,
Tenant must notify Landlord as soon as practicable.
e. Tenant shall own and maintain all equipment,merchandise, and personal property
used by Tenant and kept in the Premises;
E Tenant shall have the right to terminate this lease upon written notice to Landlord
thirty(30)days prior to the anticipated date of termination.
g. If,after the expiration of this lease,the Tenant shall remain in possession ofthe of the
premises and continues to pay rent without a written agreement as to such possession,
then such tenancy shall be regarded as a month-to-month tenancy at a monthly rental
payable in advance, equivalent to the last month's rent paid under this lease,and
subject to all the terms and conditions of this lease.
h. No provision of this agreement shall be modified without the prior written agreement
of the Landlord.
i. Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement,where
such failure is due to any cause beyond its reasonable control, including but not
limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental
actions.
j. Tenant shall strictly comply with all applicable federal, state, and local laws,rules
and regulations in effect or hereafter established.
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k. 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.
1. 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,
chall 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.
m. 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,Contractor agrees that the Weld County District Court shall have exclusive
jurisdiction to resolve said dispute.
n. 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.
IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties herein,that
if some or all of the rent is not paid,or if the tenant defaults on any of the covenants or agreements
herein,the Landlord may declare said term ended and enter into the Premises,or any part thereof,
either with or without process of law,to reenter,repossess,and enjoy,and Tenant or any person or
persons occupying the same,to expel,remove,and put out,using such force as may be necessary in
doing so,without being liable to prosecution or any damage. If the agreement is terminated,Tenant
hereby covenants and agrees to surrender and deliver up the Premises peaceably to Landlord
immediately upon the termination of said term,and if the Tenant shall remain in possession of the
same after the termination thereof Tenant shall be deemed guilty of a forcible detainer of the
Premises under the statute,hereby waiving all notice,and shall be subject to eviction and removal,
forcibly or otherwise,with or without process of law,as above stated.
IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that all the covenants and
agreements in this Lease contained shall extend to and be binding upon the heirs, executors,legal
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representatives, and assigns of the respective parties hereto.
IN WITNESS WHEREOF,the parties hereto have hereunder set their hands and seals the day
and year first written above.
LANDLORD:
ATTEST:t/ � BOARD OF COUNTY COMMISSIONERS
Weld Co ' Clerk to kg? WELD COUNTY,COLORADO
BY: . '� ►�:- ct. 2
aepu Cl:r', to .e :`� f j sj ≥ Barbara kirlaneyer Chair fE 1 L 2015
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:
akeVi e011194
Controller El Official or Department Head
APP VED AS TO FORM: N/A
Director of General Services
County orney
TENANT
NARANJO INVESTMENT, LLC
BY:
JERRY it R
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