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RESOLTUION
RE: FARM LEASE AGREEMENT WITH DAVID DI TIRRO.
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, Weld County, Colorado is the owner of a certain
parcel of land which is needed for the recovery of gravel de-
posits , and
WHEREAS, Weld County has not as yet mined for gravel on
said parcel of land, and
WHEREAS , it would be in the best interest of Weld County
to lease this parcel of land for farming purposes, and
WHEREAS, a Farm Lease Agreement has been submitted wherein
David Di Tirro, d/b/a Celeryvale Farms, Fort Lupton, Colorado,
is named as the Tenant Farmer.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that said Farm Lease Agree-
ment, which is attached hereto and made a part hereof by reference,
be and hereby is approved.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 20th day of
June, A.D. , 1977.
The above and foregoing Resolution was read into the record
and signed on the 20th day of June, A.D. , 1977.
BO• •D OF COUNTY COMMISSIONERS
LD COUNTY, COLO • •DP
ATTEST: 0."nn 2L _ .,_ F�c.,w�GQ C. �c'Tc.
Weld County Clerk and Recorder
and Clerk to the Ho rd,
•
/ , Deputy Coun erk� erk
OVED AS T RM:
Countyizot) Attorney
770778
FARM LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into this 20th day of June ,
19 77 , nunc pro tunc January 1, 1977 , between THE COUNTY OF WELD,
Landlord, and DAVID DI TIRRO d/b/a CELERYVALE FARMS , Tenant , of
1931 Lenona Avenue, Fort Lupton, Colorado 80621.
Section 1 - Description of Property.
The Landlord hereby leases to the Tenant to occupy and use
for agricultural and related purposes, the following described
property, in the County of Weld, State of Colorado:
All that part of Lot Seven (7) , in the South Half of the
Southwest Quarter (51/25W1/4) of Section Eighteen (18) , Town-
ship TWo (2) North, Range Sixty-six (66) West of the 6th
P.M., lying South and West of the South Platte River,
acwrding to The Lupton Meadows Land Company Map of Div-
ision No. 1 recorded in Book 5 of Maps, Page 13, Weld County
records, and Lots Seven (7) and Eight (8) in the South
Half of the Southeast Quarter (5'5Ea) of Section Thirteen
(13) , Township Two (2) North, Range Sixty-seven (67) West of
the 6th P.M. , according to Division No. 1, Map made by The
Lupton Meadows land Company; and
All that part of Lot Five (5) of the Northwest Quarter of
the Southwest Quarter (NWI-SW4) of Section Eighteen (18) ,
Township Two (2) North of Range Sixty-Six (66) West of the
6th P.M. , according to Division No. 1 Map made by The Lupton
Meadows Land Company, lying West of the South Platte River; and
A strip of land 100 feet wide, containing 3.04 acres, more or
less, being 50 feet wide on each side of the center line of The
Denver, Laramie and Northwestern Railway Company (formerly a
Wyoming corporation) , as originally located, over, across and
through the Southwest Quarter of the Southeast Quarter (SW4SE4)
of Section Thirteen (13) Township No (2) North, Range Sixty-
seven (67) West of the 6th P.M. , said center line being more
fully described as follows: Beginning at a point on the South
line of said SW1--SEa of said Section 13, 660 feet, nore or less,
east of the southwest corner of said SASE-1/4 of said Section 13;
thence North 7°58' West to a point on the North line of said
SASE' of said Section 13, 465 feet, nore or less, east of the
northwest corner of said SW 5E4 of said Section 13; excepting
1.7 acres, more or less, as conveyed by Deed recorded in Book
1257, Page 497, Weld County Records;
Together with 86 shares of the capital stock of Lupton Meadows
Ditch Company and one (1) adjudicated irrigation well together
with pump, motor, and any and all other water rights or equipment
used in connection with the operation of the property.
Section 2 - Term of Lease.
The term of this Lease Agreement shall be for one year, com-
mencing on January 1, 1977, through December 31, 1977, and to con-
tinue from year to year thereafter unless sooner terminated by
either party giving written notice to the other party at least
ninety (90) days prior to the end of the lease period.
Section 3 - Termination.
If this Lease Agreement is terminated after a crop has been
planted and before the same is harvested, Tenant shall have the
right and be entitled to harvest the crop except as provided in
Section 12 below.
Section 4 - Rental.
Tenant agrees to pay Landlord as rent for the demised
premises the sum of Three Thousand Dollars and no/100 ($3 ,000. 00)
for each year this Lease Agreement is in effect, payable on or
before October 1 of each year. Said rental amount may be changed
by Landord upon at least ninety (90) days prior written
notice.
Section 5 - Operational Expenses.
Tenant will furnish all labor, equipment, and expenses for
the operation of the farm unless otherwise stated in this Lease
Agreement. These expenses shall include, but are not limited to,
the costs of fertilizer, insecticides , weed sprays , and water
assessments .
Section 6 - Use of Premises.
Tenant will use the premises as a farm and will not use or
permit the same to be used for any unlawful business or purpose.
Section 7 - Assignment.
Tenant shall not assign any of its rights in this Lease
Agreement, in whole or in part, without the prior written consent
of the Landlord.
Section 8 - Right of Inspection.
Landlord shall have the right of entry, at all reasonable
times , to inspect the buildings , premises , and crops growing
thereon.
Section 9 - Tenant Covenants.
Tenant covenants and agrees as follows:
1. To guard and to keep in repair said property, buildings ,
gates, corrals, pumps, well, well fittings, fences , vines ,
shrubbery and orchard from all damages , and will keep the
same in as good repair as they are now at his own expense;
to do no act whereby any insurance on buildings may be
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invalidated; nor to remove or damage any buildings, fences ,
trees , shrubbery or any improvement or improvements of any
kind on the premises.
2. To clean out and maintain the main lateral to the pre-
mises, and all sub-laterals on the premises, and to do the
proportionate part of cleaning of said laterals used jointly
with others.
3. To cut all weeds along public highways, private road-
ways, lateral ditches and fences and in fields before the
seed thereon matures .
Section 10 - Default.
Should Tenant fail, refuse, or neglect to pay the rent as
herein provided, or should Tenant breach any of the terms and con-
ditions of this Lease Agreement, Landlord shall become entitled to
repossess the demised premises upon giving Tenant notice of such
breach in writing at least ten (10) days in advance. If at the
end of such ten (10) day period, following the service of said
notice, such breach has not been remedied and Tenant should refuse
to vacate the premises, Landlord may use such remedy as it may
deem fit under the circumstances to repossess the same, with or
without process of law. Further , if Tenant abandons the leased
premises , Landlord may, at its option, cancel and terminate
this Lease Agreement or may without terminating the Lease Agree-
ment, enter upon and take possession of the leased premises with
or without process of law, without liability for trespass.
Section 11 - Maintenance.
Tenant agrees to take good care of said premises, to farm
the land and to maintain the improvements in a careful and pru-
dent manner and to return the property in as good condition as he
found it, ordinary wear and tear or unavoidable casualty excepted.
Tenant will operate the farm in an efficient and husbandlike
way, will do the plowing, seeding, cultivation, and harvesting
in a manner that will conserve the Landlord' s property. The
Tenant will not commit waste on, or damage to, the farm and will
use due care to prevent others from doing so. Normal maintenance
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will be performed at the sole expense of the Tenant.
The Landlord will furnish materials and the Tenant will per-
form labor for other than normal maintenance and repairs, except
that skilled labor which the Tenant himself is unable to perform
satisfactorily will be furnished by Landlord. However, before
other than ordinary maintenance may be performed, Tenant must re-
ceive written authorization from Landlord.
Section 12 - Mineral Rights.
Nothing in this Lease shall confer upon the Tenant any right
to minerals underlying the land. Such mineral rights, which are
deemed herein to include gravel, are hereby reserved by the Land-
lord together with the full right to enter upon the premises to
bore, search, excavate, work, and remove the minerals , to deposit
excavated rubbish, to pass over the premises with vehicles, power
lines, and structures as may be necessary or convenient for the
above purpose. The Landlord agrees to reimburse the Tenant for
any actual damage he may suffer for crops destroyed by these acti-
vities and to release the Tenant from obligation to continue farm-
ing this property when development of mineral resources interferes
materially with the Tenant' s opportunity to make a satisfactory re-
turn.
Section 13 - Notices.
All notices required to be given to Landlord shall be in writing
and sent by certified mail to:
Clerk to the Board of County Commissioners
Centennial Center
915 10th Street
Greeley, Colorado 80631
All notices required to be given to Tenant hereunder shall be in
writing and sent by certified mail addressed to:
Celeryvale Farms
1931 Lenona Avenue
Fort Lupton, Colorado 80621
IN WITNESS WHEREOF, the said parties have hereunder subscribed
$eir names this 20th day of June , A.D. , 1977.
LANDLORD
BOARD OF COUNTY COMMI SIGNERS TENANT:
WE OUNTY, COLORAD
By By t.rt /�tt_.,j,iilea
hairman David DiTigo
D/B/A Celeryvale Farms
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4; Tx 'ON. site ' OI I In (U COUNTY ATTORNEY
P . 0. BOX 1948
PHONE 1303) 356-4000 EXT. 369
915 10TH STREET
WI I D O GREELEY, COLORADO 80631
•
COLORADO September 21, 1978
Celeryvale Farms
1931 Lenona Avenue
Ft. Lupton, CO 80621
Attention: David DiTirro
Dear Mr. DiTirro:
Please be advised that the farm lease agreement dated June 20, 1977 ,
nunc pro tunc to January 1, 1977 between the County of Weld as
landlord and David DiTirro d/b/a Celeryvale Farms , as tenant con-
cerning certain real estate located in Section 18 , Township 2 North
of Range 66 West of the 6th P.M. in Weld County, Colorado and also
in Section 13, Township 2 North of Range 67 West of the 6th P.M.
in Weld County, Colorado together with 86 shares of the capital
stock of Lupton Meadows Ditch Company shall be terminated effective
December 31, 1977). This is pursuant to section 2 of the lease
which provides that the lease agreement shall continue from year to
year unless terminated by either party giving written notice to the
other party at least 90 days prior to the end of the lease period.
The Board of County Commissioners wish to advertise and re-bid this
particular lease and you will be notified of the time and place for
submission of bids for the use of this property commencing January 1,
1978 .
Very truly yours,
Thomas O. David
Weld County Attorney
TOD: ss
cc Chairman Ed Dunbar
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