HomeMy WebLinkAbout770651.tiff RESOLUTION
RE: FARM LEASE AGREEMENT WITH RICHARD KRUSE.
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 deposits,
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
Richard Kruse of Nunn, 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.
BOA: ' OF COUNTY COMMISSIONERS
D COUNTY, COLO z' ,a
,
S
ATTEST: inalista,A.442AAthattra ficarvQ i (c-af
Weld County erk and Recorder
and Clerk to the and
(7:44--rt ✓l 14 J(
JJ Deputy Count Cler '
APBRO TO (
ounty Attorney
PAY(CL
770651
FARM LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into this 20th day of
June , 1977 , nunc pro tuns January 1, 1977,
between THE COUNTY OF WELD, Landlord, and RICHARD KRUSE,
Tenant, of Nunn, Colorado 80648.
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:
The Southeast Quarter (SEq) of Section One
(1) , Township Eight (8) North, Range Sixty-
six (66) West of the Sixth Principal Merid-
ian, Weld County, Colorado
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.
Rental payments are to be made to Landlord on the basis of
a share in the crops produced by Tenant. The crops are to be
divided, two-thirds (2/3) to Tenant and one-third (1/3) to Land-
lord. Said rental amount may be changed by Landlord upon at
least ninety (90) days prior written notice. All of Landlord' s
share of such crops shall be delivered at Tenant' s expense to
a grain elevator or other appropriate place to be sold at the
time of delivery, payment to be made at such time to Landlord.
If any proceeds are received by Landlord or Tenant from the
"Soil Bank" program or any related program, then the proceeds
are to be divided in the same ratio as provided above.
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, and weed sprays.
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, any
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 invalidated; nor to remove or damage
any buildings, fences, trees, shrubbery or any improve-
ment or improvements of any kind on the premises.
2 . 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
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reposess 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 Agreement,
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 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
receive 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 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
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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 activities and to release the Tenant
from obligation to continue farming this property when develop-
ment of mineral resources interferes materially with the Tenant' s
opportunity to make a satisfactory return.
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:
Richard Kruse
Nunn, Colorado 80648.
IN WITNESS WHEREOF, the said parties have hereunder subscribed
their names this 20th day of June , A.D. , 1977.
LANDLORD
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLD O
er7 f W
airman
TENANT:
By te-/
Ric and Kruse
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Copy of resolution and farm lease
+ RECEIPT FOR CERTIFIED MAIL-300 (plus postage)
1J SENT TO POSTMARK
_Richard Kruse OR DATE
STREET AND NO.
CO
C.\I P.O., STATE AND ZIP CODE
h- Nunn, Colorado 80648 6/21/77
° OPTIONAL SERVICES FOR ADDITIONAL FEES
r-4 RETURN illi 1. Shows to whom and date delivered - 15d
RECEIPT With delivery to addressee only.. 654
Z. Shows to whom,date and where delivered.. 354
SERVICES With delivery to addressee only 854
e DELIVER TO ADDRESSEE ONLY 500
SPECIAL DELIVERY (*afro fee required) „
Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— /See ether side)
Apr. 1971 NOT FOR INTERNATIONAL MAIL _4 GPO:1979 0-551:04
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Ill I 7, 1 1 I 1 v) pa. ii bk KI PS Fn 3811, la. 1971 RETURN RECEIPT, REGISTERED. INSURED AND CERTIFIED MAIL
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