HomeMy WebLinkAbout760351.tiff RESOLUTION
RE: LEASE AGREEMENT WITH OPTION TO PURCHASE BETWEEN SCHOOL
DISTRICT No. 6 AND THE BOARD OF COUNTY COMMISSIONERS,
WELD COUNTY, COLORADO ACTING FOR THE WELD COUNTY DEPART-
MENT OF HUMAN RESOURCES .
WHEREAS, pursuant to law, the Board of County Commissioners ,
Weld County, Colorado is vested with the responsibility of
administering the affairs of Weld County, Colorado, and
WHEREAS , it is the desire of the Board of County
Commissioners, Weld County, Colorado, to negotiate and establish
a lease with an option to purchase, between School District No. 6 ,
Weld County, Colorado, and the Board of County Commissioners ,
Weld County, Colorado, for the use and benefit of the Weld
County Department of Human Resources , the following described
premises :
Lots 5 and 6 of Block 28, City of Greeley
County of Weld, State of Colorado
as per the Lease Agreement attached hereto and made a part
hereof by reference, all in accordance with the terms and
conditions as contained therein.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners , Weld County, Colorado, that said Lease Agree-
ment with the option to purchase, a copy of which is attached
hereto and made a part hereof by reference, be, and hereby is ,
approved, and that the Board is hereby authorized to execute
said agreement.
The above and foregoing Resolution was , on motion duly
made and seconded, adopted by the following vote on the 6th_
day of October, A.D. , 1976 .
BOARD OF COUNTY COMMISSIONERS
WELD WEL9NL,CQUNTY, COLORADO
ATTEST: I
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Weld County Clerk and Recorder
and Clerk to the Board
Deputy County Clerk "1 / 7 -
\ , r Gt" 7ii-' J� Gc�:1&212L.
CD
AS :Co r
County Attorney
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760351
LEASE AGREEMENT
This Lease Agreement, made and entered into this 6th —
day of October, 1976 , by and between School District No. 6,
Weld County, Colorado, having its principal office in the City
of Greeley, County of Weld, State of Colorado, hereinafter
referred to as Lessor, and the County of Weld, State of Colorado,
hereinafter referred to as Lessee.
WITNESSETH:
In consideration of the mutual covenants of the parties
hereto, it is agreed:
Section I
SUBJECT AND PURPOSE
Lessor demises and leases the building and land located in
the County of Weld, State of Colorado known as Washington. School ,
and more particularly described as follows:
Lots 5 and 6 of Block 28 , City of Greeley,
County of Weld, State of Colorado
to Lessee for Lessee ' s use in the Head-Start Program of the
Weld County Department of Human Resources .
Section II
TERM
The term of this Lease Agreement shall run from October 14 ,
1976 through January 31, 1978 .
Section III
RENT
In consideration of said demise Lessee agrees to pay rent
for this Lease Agreement in the amount of Twenty Five Hundred
Dollars ($2 , 500 . 00) per month; to be paid as follows :
1 . The last month' s rent of $2 , 500 . 00 shall be paid upon
the signing of this Lease Agreement.
2 . For the period beginning October 14 , 1976 and ending
January 1, 1977 , a monthly rental of $2 , 500 . 00 , payable on
October 14 , 1976 , November 1, 1976 and December 1, 1976 .
3 . For the period beginning January 1 , 1977 and ending
January 1, 1978 , a monthly rental of $2 , 500 . 00 to be paid
in one lump sum of Thirty Thousand Dollars ($30 , 000 . 00) on the
date of January 31, 1977 .
4 . On January 31 , 1978, a final payment of Seventeen
Thousand Five Hundred Dollars ($17 , 500 . 00) shall be made .
Section IV
OPTION TO PURCHASE
In consideration of fulfilling its obligations under this
Lease Agreement, Lessee shall have the option to purchase the
demised premises from Lessor on the payment of the sum of One
Dollar. ($1 . 00) within thirty (30) days after the date of January
31, 1978 , provided that this Lease Agreement shall not have been
previously terminated, and that Lessee has observed and complied
with all terms and conditions of this Lease Agreement required of
Lessee, up to the time of the exercise of that option and the
payment of the rental amounts above stated . Lessor shall convey
the demised premises within ninety (90) days after Lessee has
exercised its option to purchase. Lessor shall convey the demised
premises by warranty deed, free and clear of all liens and en-
cumbrances , except those that Lessee may have created or suffered,
and Lessor agrees to pay, and deliver a commitment of title
insurance therefore so showing.
Section V
UTILITIES
Lessee shall fully and promptly pay for all water, gas ,
heat, light, power, telephone service and other public utilities
of every kind furnished to the premises throughout the term
hereof , and all other expenses of every kind whatsoever of , or
in connection with the use, operation and maintenance of the
premises and all activities conducted thereon, and Lessor shall
have no responsibility of any kind for any utilities . Lessee
agrees that he will at all times at his own expense, keep
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Lessor ' s buildings and improvements and fixtures erected on or
occupying the leased premises, or any part thereof , insured
against any loss or damage by fire or other casualties . Lessee
agrees to furnish Lessor with a copy of said policy or other
verification of insurance coverage .
Section VI
CHARACTER OF OCCUPANCY
The primary use of the leased premises shall be for the
Lessee ' s Head-Start Program. Lessee agrees that it will not
use the leased premises or permit the same to be used for any
purpose prohibited by the laws of the United States, State of
Colorado, the County of Weld or the City of Greeley, That it
will not use or keep any substance or material in or about the
leased premises which may vitiate or endanger the validity
of the insurance on such building, or increase the hazard of
the risk , and that it will not permit any nuisance in or upon
the leased premises .
Section VII
MAINTENANCE
Lessee agrees to maintain the leased premises and improve-
ments thereon, including the building, parking lots, grounds,
driveways , accessways , sidewalks and any and all equipment,
fixtures, appurtenances and all other improvements furnished by
Lessor under this Lease, in good repair and in clean and
tenantable condition. Lessee agrees that Lessor shall have
the right at any time to enter the demised premises to examine
and inspect the same . Lessee shall make no alterations in, or
additions to the leased premises without first obtaining the
written consent of Lessor . Any fixtures , additions or structures
placed in, upon or attached to the leased premises by Lessee
pursuant to written consent of Lessor, shall be and remain the
property of Lessee and may be removed or otherwise disposed of
by Lessee.
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Section VIII
SUBLETTING
Lessee shall have the right to sublet all or any portion
of the leased premises as described herein without the approval
of Lessor, but Lessee shall not be relieved from any obligations
under this Lease by reason of said subletting.
Section IX
TERMINATION
It is mutually agreed that this Lease Agreement may be
cancelled by one party giving to the other party, at least
thirty (30) days written notice of its intention to do so,
provided that this Lease Agreement may only be terminated for
"just cause" . Lessor may terminate for Lessee ' s breach of this
Lease Agreement by Lessee ' s failure to pay the aforementioned
rental amounts as provided in Section III above, or by Lessee ' s
failure to maintain the demised premises as provided in Section
VII above . Lessee may terminate this Lease Agreement if Lessee
does not receive federal funds for the Head-Start Program, said
funds deemed to be an essential purpose of this Lease Agreement.
In the event of termination of this Lease Agreement by the
Lessor, the Lessee shall be liable for rent at the rate of
$2 , 500 . 00 per month and only for the months during which Lessee
physically occupied the demised premises . Lessor shall be
obligated to return to Lessee any rental payments made beyond
the months during which Lessee physically occupied the demised
premises .
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IN WITNESS WHEREOF, said Lessor and Lessee have hereunto
caused this Lease to be duly executed in duplicate as of the day
and year first above set forth.
HOOL DISTRICT NO. 6,
ES S OR
Secret aa President
COUNTY OF WELD, STATE OF COLORADO
LESSEE
Commissioner
Commissioner
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Cc�issioner
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