HomeMy WebLinkAbout20130032.tiffCERTIFICATE OF CONVEYANCES
STATE OF COLORADO
COUTY OF WELD
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
F0415436
The Fidelity National Title Company hereby certifies that it has made a careful search of its
records, and finds the following conveyances affecting the real estate described herein since
August 30, 1972, and the most recent deed recorded prior to July 20, 2012.
LEGAL DESCRIPTION:
The Southwest Quarter (SW Y) of Section Twenty-five (25), Township Four (4) North, Range Sixty-six (66) West of
the Sixth 6th P.M.,
County of Weld, State of Colorado
CONVEYANCES
1. Deed recorded April 11, 1974 in Book 712 at Reception No. 1634074.
2. Deed recorded April 14, 1975 in Book 736 at Reception No. 1658070.
3. Deed recorded December 18, 1992 in Book 1363 at Reception No. 02315232.
4. Deed recorded May 26, 1999 at Reception No. 2696022.
The certificate is made for the use and benefit of the Department of Planning Services of Weld
County, Colorado.
This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a
guarantee of Title and the liability of Fidelity National Title Company, hereby limited to the fee
paid for this Certificate.
In Witness whereof, Fidelity National Title Company, has caused this certificate to be signed by
its proper officer this 6th day of August, 2012, at 8:00am.
Fidelity National Title Company
By:
uthorized Signkfure
Leslie Ryan
Dated: -"2O/2--
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00131 1T 1558
toot
• 664
Recorded.....
Reception No...._.
AR 171972.. at / A J o'clock 0.1
83 ..... Recorder
v-i
Pirio OPCb,
year of our Lord one thousand nine hundred mid seventy—two , between
--EDWIN GEHRING--
of Lh0 County of Weld , end Slate of Colorado, of the first part, and
Made this 17th day of March in the
--EDGAR P. BARTELS, JAMES H, TRUPP, and WILLIAM M. SAYERS --
of the County of Weld . and State of Colorado, of the second part:
W ITNESSETH, That the told part y of the ns' part, for and In consideration of the Hum of
--other good and valuable consideration and ONE HUNDRED DOLLARS,
to the said party of the first part N hand paid by the said part Les of the second part, the receipt whereof is
' hereby confessed end acknowledged, he s granted, bargained, sold and conveyed, and by these presents do es
grant, bargain, sell, convey and centime unto the said part les of the second port, their hairs and assigns.
forever, all the following described lot or parcel of land, situate, lying end twin : in the Coss t , d and
Slate of Colorado, to -wit;
My entire interest in and to:
State Do:umentory Fee
Dote ..11.811.11.1972
The Southwest Quarter (SW'/s) of Section Twenty-five (25),
Township -Four (4) North, Range Sixty-six (66) West of the
Sixth (6th) P.M.;
Together with all ditches, ditch rights, laterals, water and
water rights, including, but not by way of limitation four (4)
shares of the capital stock of The Platte Valley Irrigation Company;
TOGETHER with ell and (Angular the heredltoments end appurtenances thereunto belonging, or in enywlsn
appertaining, and the reversion and reversions, remainder end remainders, rents, Issues and profits thereof; and all the
estate, right, title, Interet, claim end demand whatsoever of the said party of the first part either in law or eating!,
or, in and to the above bargained premises, with the horeditmnente and appurtenances.
TO HAVE AND TO HOLD the said prerntees above bargained and described, with appurtenances, unto the sold
Part les or the second pnrttheirheirs and assigns forever. And the said party of the gist part. for himself,
heirs, executors and administrators, does convenant, grant, bargain and agree to and with the said port les
of the second part, their heirs and amigos, that at the time of the caseating and delivery of these presents
he IS well seized of the premises above conveyed, as of good, sure, perfect, absolute end indefensible notate
of inheritance, in law. In fee simple, and ha $ good right, hall power end lawful authority to grant, bargain, sell end
convey the same In manner and form aforesaid; nail that the came are Imc end clear from all former and other grants,
bargains, sales lien taxes, assessments and incumybraances of Whatever kind or netoro sower:
trustrecordead February 24,11967 aunderbReception No.1d1500560,o SUBJECT
in Book 579, Wdeed eld
County records; which said taxes and deed of trust the grantees herein assume and
agree to pay;
and the abbve premises, In the quiet and peaceable possession of the said parties of the second part, their heirs
and assigns, against ell end evesy person or persons lawfully claiming or to claim the whole or any part thereof, the
said part y of the first part shall and will WARRANT AND FOREVER DEFEND.
iN WITNESS WHEREOF, The said part y of the first part ha a hereunto set • his hand and
seal the day end year first above written.
Signed, Sealed and Delivered in the Presence of
.(SEAL)
) .(SEAL)
STAVhdii'. ARAD°, 1, s. The foregoing Instrument was acknowledged before me this.... 121(1 day
�Cpdinyeflsl'eld•j,' , arch ill 72 . by EDWIN_GEHRING / My''' . f't ~t{ d'D f$ept n1.13 , 1975 �«...��.. + -i __...
: cliff'- fr
My fnLv an I,x fes;a Nolan' Public
O
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Mailing Address for future Tax Notices._.. ..
is
WARRANTY PEEP —nice r
This May gecko', 10th diva Aox:l ,o74
between
WILLIAM M. SAYERS
Iz
state Documentary Fee II
, Ape! 111974 1 I
eK_ of the -II aa- 4� I I
ilj—'... i
of comity of P7eldold state or Cwlamdo, ar ehg s eat ea.�- wAaL_ ... II
ROBERT V.-ANDAU- ,td seam et,
n
the Camdy of ---Yield--- o
�.
N� Colorada,ofthe second part:
O
e e. 'or and in mluidmralnn of the nom of
Nr wtT sssre. Tlrt the sate peaty +t the Het qrt,'
0 Other Valuable ..onsiderations and ONE I bWRR D -DOLLARS w
n In hand d ty meld Parr/ of the wend port, the .«tips whereof in 0
m to the raid pan y of the acknowledged,
q end a these presents does H
v beet, bargained and enand ova MS Blunted, b pn rt�d, winoend o !,toed. ie heirs end amigos for- 0
O gunny bargdn, xll� convoy and aonflan, par the raid pert', of the attend path 0
a ever. al! the fallowing dweRen lot ar po rel or Ina A, nitwit*, lying and helnB In the
County of ---Weld-M- end State of Colorado, tow -t: F
All of Grantor's interest in and to the Southwest Quarter (son ) .-1
..-1err of Section Twenty-five (25), in Tot,aship Four (4) North, of ri•
- ne Range Sixty-six (66) West of the Sixth (6th) P.M., together with a.
all ditches and ditch rights, laterals, water and water rights,
including, but:not by way of limitation.. four a) shares of the
capital 'stock f The Platte Valley Irrigation Company: -. w
TOGETHER with alt and dngn6r the he cditoments . ad appurtenance thereto belonging, or in &lunette
apprrtdWuF, and the remains wed meadow.. rtadrder aril roeataden. rotta, inane* and profits thereof. and a
tbb estate right, title. lateral!. Seim and dead wbaaana' of the mid party et the Hest port *rite in law
or mar. or, in and to the above farzn!rcd yram-iot'• with -he I teRnmms aad sppm amens.
TO RAVE AM) TO HOLD the aid prises whore hog: lye: and des -bet with the epOurleallaurt =to the
said party of the second parr, his heirs wad amigo, tom -r. Ave the zid tarty of the Drat part,
for:. _ him telt,_hi sheln, eeecotare, nee odralnietratet=" does Nrony.t, l+<tut.bargain, rind agree :o and
with the said party of tee ,,road port,- his heirs and r_ lgn , t alit tl:v time of the ensealias and
'miSee wed
livery
e.:a or e preac u, he t,5 *ell aired of the pramfsea above correyed, as of good'- awe, perfect s
..indefeatuble fleece of inheritance, in law, in fee pimple, and KG- goof right, frill pacer and fawn.1 authority
: to ¢nett, hareabr, soli end convey the Fume in mariner and farm ve orate -said, and that the nine are free and clear
'- tram_ all roxna3utjother ect o6"the 1974ePtaxes Cue ands payab eLinam or 1975whatever
and also
suttleCt o Deed of Trustdatedand recorded on- February '24, 1967, in
Book 879 under Reception No. 1500580, Weld Co:ntysRecnrds. agrees to pay;
said
taxes and Deed Of Trust the Grantee
also subject to easements, reservations and oil and gas leases of
record,
In the quiet and peaceable pataecaiot of the Lind pat4' or the aecoad Fit.
aid thh abate hlrg hth Y• i aS a agai r•ot or persona lawfully claiming or to claim the whale
his an mid pat ruff the That part
• any part thereof, the said party of the Let p^*t nil and will WARRANT AND FORE -YIN DEFEND.
. IN WITNESS WFiE13E0F, the laid party of the et' at part hat L•eeunto wet his band
and seal the day and year first above written. ,
......... ..... .._-_ �(•'lilliala M. 3ayerb.) ;✓
• :-• o• .._...__. ____ _(SEAL)
:`�_ ..� __ ;SEAL)
- C` ...-.FE Or COLORADO, ic
' �`S, t0 Daehtyaf Weld 1 daTof April
rAt,:rtetia �444r®mt w.s ad:eerftdged before memoths loth -
le�/r .Qtr.��ft�>•r:e"rvam M. Sayers. •5 ,tfi 9y ham! .t
ra'y t-cy'''.-. pi,m February 8 ,�
No.932, WARRANTY Dem.--.Terrh.n[renhle g,erd.—nr.,rd yd14 sop. Co.. 16t1_ar ewe B'ege.. Meet'. gcl^nte—b'f
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'OD 'DssPt>fw,,ebte ) M • day of April
battreen JAMES .. .......nn and BONNIE' II • Y. TAPP.
a dlieliff, JR. Reaordlr. .
husband and wife,
,1p75
of the
County of Larinler---- and BMW of Colorado, of the first port, and
ROBERT V. SANDAU
of the County of Weld and State of
Colorado, of the second part:
WITNESSB'SH, That the said parti eatf the first pert, for and inconsideration of the sum of DOLLARS
other valuable consideration and ten_
to the old parties of the first part in band paid by said part Y of the second part, the receipt whereof ie
hereby confessed slid achnooledgod, ba-areated, baratbied, sold and eonveyed, and by these preemie do
grant, bargairy dell, convey and confirm, unto the said peril of the second part, hi shafts and assigns for-
ever, all the following described lot s or parcel s of land, situate, lying and being in the
Cormty of Weld and State of Colorado, to wit:
Grantor's entire interest, being no less than an undivided one-third
(1/3) interest, in and to the Southwest Quarter (SW 1/4) of Section
Twenty-five (25) , in Township Four d4) North, of Range Sixty-six (66
West of the Sixth (6th) P.M., together with all ditches and ditch
rights, laterals, water and water rights, including, but not by way
of limitation, four (4) shares of the capital stock of The Platte
Valley Irrigation Company;
Reserving, however, unto grantors, as joint tenants, an undivided
one -sixth (1/6) interest (being 1/2 of grantors present mineral owne'-
ship) in and to all oil, gas and other minerals being in, upon and
under the above described premises. This reservation shall exclude
sand and gravel. 7,
to the n creators desoerinedepremises r{nlconnectionywitfl ells reservation.
TOGETHER with all and singular the hereditament. and appurtenances thereto belonging, or In anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, lames and profits thereof, and all
the estate, right, title, interest, claim and demand whatsoever of the said patties of the first part. either In law
or equity, of, I. sod to the above bargained premises, with the hereditament, end appurtenance&
TO HAVE AND TO HOLD the said premium above bargained and desoribed oriel the appurtenances, nate the
maid party of the second peat, his' heirs and assigns forever. And the said parties of the fleet pert,
for themselves hairs, meanders, andh d9. 6ufn and assigns, that at time of ®eeat, bargain, nd arse
delivery
with the said party of the second part,
- of these presents, they arewell seised of the premise' above.aonveyed, ea of good, nure..perfeat' absolute and _ -
indefeasible estate od Inheritance, Ia law, in fee simple. and ha ye good right, fur bower and lawful authority
to grunt, bargain, sell and convey the same In manner and form as aforesaid, and that the same are free end deer
from all former and other grants, burgaine, sales, Ilene, tares, assessments and encumbrance of whatever kind or
nature soarer. Except subject to 1975 taxes due and payable in 1976 and
to Deed of Trust dated and recorded on February 24, 1967 in Book 579
reception No. 1500580, Weld County Records, which said taxes
and. dee
of trust the Grantee herein assumes and agrees to pay; also subject
to easements, reservations and oil and gas leases of record
and the above bargained premises in the cadet end peaceable possession of the said PRAY of Om second part.
hie heirs and aeelgna sealant all and every parson or persons lawfully elaiming or to claim the whole
or any part thereof, the spit part ie s of the first port shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said parties of the tint part ha vs hereunto set theirhamd s
and seal a the day end year first above written,
Stale Doeumentoty Fee
Alta 141975_._. lj
$—..L�`4.-_ j
5 R . a nY�-'-,` fa...._..(SEAL)
alaffA
. ` 6G_t)L:A_•• HAA, taxee (SEAL)
BONNIE K. TRUPP, wife
e N:',, 'I
f,ry•�TA OF CCLORADo, Fea.
r �i,�•?,,s..,•y.ti ty of Weld 1
DiWc L moot wee suknowledged before me tine /? ab day of N P rr 7
g..
�l k J�,)�•y`'am�N. T�upp and Bonnie K. Trupp, husband and wife.
• elision Arplros c -tek&t) ,Q; , 10 7 . Witham my hand end official seal
N ease`' `
No, gag, 1fAUMANTT paao,—rer Pttbn..Ae lbera,—SMdloed A,blMJes Os, let1-10 slant laced, Pmrc, eoloado—i12
ApPulAPsx
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B 1363 REC 02315232 12/18/92 15:52 815.00 1/003
8 0998 MARY ANN FEDBRSIBIN, CLBRB t RECORDER WELD CO, CO;;i,
Tills DEED b a mn.eya en of dw rW piPeeY Maelade 0aldr. arddanp any adpreeawn and come appdrrnlxt Nw
"vmPslirinonnabianaoscorannall.pansennitganfrendb4100nanwessoinnGFUMWORianwinateAnila
aro GRANS nnel emee r GRAN►EE
TheGRANTOR hr.ayM9analnorusYsamoroperlytoWORANTEEandw.GRANTOR.e11p efAtIO awwweany.
eimmueriy dwrwdlIwonniaY iad1,.e.11eery.uolahearl.halt.arlRANTC£WSISishwy�wrerrwrd
any pr • r.yYr.eetemceedR)anyPu+/lwarmlu4end (8) anadif1+MeableW 9m0Mal ccd& #0,nav l51
anya4tatlllemrmbmlerwtrmuorselarnolremr4one18)in aedlliv err n nennban rearuestnnalWrranty
EtoWfA e'.
The Spatllle Te me ehTrn Dmd Anc
Laden(GMnwadisdpeWdalenstraildeymodamo..coat+aldfbnbUOmmatenw.Yaan.. npn.Nest'
nadir. emsoma ad.lerd
Robert V. Sandau
22166 Weld County Road 35
LaSalle, CO 80645
Oradea One e.wa Ann Slime IW:mars ol .germ widae meadsroal a se Nance. rraeedoa)
Bruce D. Sandau
22444 Weld County Road 35
LaSalle, CO 80645
Falrel Ce.Oafeardlip: dim...nmemsomoraoanwnalesy.5 lramidi a remonnonSranwwrnrnean1a
pw lew.y a eat a e. saw mere as mead a ee e.n bade.)
P iopwq Daaalpdon, d..d.ror munb and rr4
See Exhibit "A" attached hereto and incorporated by reference.
5flitt1eE.ZMARIE
$ 7.SO
PenpelyAd&rax 19350 Weld County Road 35, LaSalle, CO S0645
Cnrl$esf01c rrla mtlae a.dcar amunr b Wda+rladr al. medmaad br eassewi •paewr.eedrheamenawla
ward a. em,bwm a eada...em. Nr"m.N, au adweimie all
Seventy rive Thousand and no/100 ($75,000.00) Dollars
Reamentions-ResbktOons: 10 reGRANICRIMma mummy aNreef00aepire cr om yhaMMommor OewWRM
Y minding de GRANTEES rWd I.a. piney. lake apPeNr IMMICM
__800_Exhibit "A" attached hereto for reservation of oil, gas and other
minerals.
AIWMWIW tsnnly BrsvpIkinm limMted.ee a um bey mom; ... ..re mem as emend en
See Exhibit "B" attached hereto for Additional Warranty Exceptions.
eema.a lyem.e.rnrman December 16 w 92
stinmenimmo relpwe n.pMereapwasoeabe e�P.J}.. e,wrWCt
art V. Sandau
aOwet G; i?ertaPaWw. P.re.naipeoArrmWw
u
:•'°i5 4rviC
aa ° .0 •
suSkAit& soo 1 a,
000NTYOF Weld
va naaa n Weewnta mi e"rdpe+den ae me
ay. Robert V. Randau.
yenasa my Nos ma a.W W ,..a
✓ pmmemenxiele December 1, 1994
SATEoF ) A
COUNTYOF
rbbngol ealmW'em Sn.aim.rlpwroomwmb
er'
rank $IorurOnner(,is aw.nvYucomme .MMnaire.Nodabn.m." bmdh Wpn.r.eVeae1m.tmp iwoommor e
a SYM•.e erfw Oneebn:a a oldgrle of pewnMM a a aNasid m.mWdl ulmmero4
16th
eineSS Mml•ml 01.0•1 me.
ilvmulmles mete=
dry cDoceither .w 92
'�,v da/WJ-- 7.
essyssit
1113 10th moans
Greeley, CO. 80631
Meal
lieera err
• .Mr wwleraaaleees
Rana + err e• e r W a _ele. a•r.w
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B 1363 RSC 02315232 12/18/92 15:52 $15.00 2/003
F 0999 MARY ANN FEUERSTEIN CLERK rt RECORDER WELD CO, CO
EXHIBIT l'Ar
An undivided one-third (1/3) interest in and to the following
described property:
The SW1/4 of Section 25, Township 4 North, of Range 66
West of the 6th P.M., County of Weld, State of Colorado,
together with four (4) shares of the capital stock of the
Platte Valley Irrigation Company, one adjudicated
irrigation well (Water Court Case W5531, Registration
$8522), all ditch and ditch rights, laterals, water and
water rights appurtenant to said property, and all pipes,
motors, pumps, fixtures and all other irrigation
equipment and fixtures located upon the property and/or
used in connection with irrigation of the property.
Reserving, however, unto Grantor all oil, gas and other minerals of
whatever type or character presently owned by Grantor located in,
under and upon the property, together with rights of ingress,
egress, and access to explore for, remove and mine the same.
JthU104600AEi ttblt.A
• S 1363 REC 02315232 12/18/92 15:52 ;15.00 3/003
F 1000 NARY ANN FEOERSTEIN CLERK i RECORDER WELD CO, CO
MIME "Ba
Except subject to the following exceptions: 1992 taxes and
assessments payable in 1993, easements, reservations, mineral
reservations, mineral leases, oil and gas leases, exceptions,
conditions, covenants, restrictions, agreements and rights of way,
all of record or as may exist by use and the premises and subject
to shortages in area or acreages, property not owned because of
adverse possession by others, boundary discrepancies, rights of
parties in possession not shown of record, conflicts in boundary
lines, encroachments and any and all other matters or discrepancies
which would be disclosed by an accurate surveys and subject to all
within districts.
and subject to inclusion
anygeneral orspecialtricts
Jm S10460163EUHeit.e
1111111 I I N 1111111 I I I 111111111111111111 I I 1111111111 I I I I
2600022 05/26/1090 10:57R Wald County CO
1 of 1 R 6.00 0 0,00 JR Suki Taukamato '
Quit Cairn Deed
THIS DEED Is a conveyance from the indlvlduall(s), carpnretlon(s) or other enlhy(les) named below as GRANTOR to the
IndlvIdual(s) or entky(les) named below as GRANTEE of whatever interest the GRANTOR may have In the real property
described below.
The GRANTOR hereby sells and quit claims to the GRANTEE the reel property described below web arts appurtenance&
The specific terms of this deed are:
GRIMM (Give name(a) andplece(e) of realdenee: lithe spouse of the owner-granlorls joining in dhle Geed toreleee hamaslead right,
Identl granlore se husband end wife.)
EDGAR r. BARTELS-
Grantee: (Give name(.) and addreeejee): statement of address, Including available road or sheet number, Is required)
BARTELS FAMILY, LLC, A COLORADO LIMITED LIABILITY COMPANY
Form of Cc -Ownership: (if there ere two or mere grantees named, they will be considered to take ea tenants In common unless
the words 'In joint tenancy' or words of the earns meaning are added In the space below.)
Property Description: (include county end mate)
THE SW1/4 OF SECTION 25, TOWNSHIP 4, NORTH, RANGE 66 WEST OF TEE 6TH P.M.,
WELD COUNTY, COLORADO, TOGETHER WITH ALL DITCHES, DITCH RIGHTS, LATERALS,
WATER AND WATER RIGHTS, INCLUDING, BUT NOT BY WAY OF LIMITATION 4 SHARES
OF THE CAPITAL STOCK OF THE PLATTE VALLEY IRRIGATION COMPANY.
Property address:
Reservations -Restrictions:
(II the GRANTOR inlands to reserve any Interest in the properly or toconvey less then he owns, or
lithe GRANTOR is resstttrricting the GRANTEES rights in the properly, make appropriate Indication.)
Exandad.by,th&Grmlar.on. �^( .Ve, l signature Clause for Corporation, Partnership or Association:
Name of Grantor, Corporation. Pettnerehlp or Association
nu re for In Ivid (s):
F. BARTELS Greiner
By
By
Meet
STATE OF COLORADO
COUNTY OP WELD 8°'
The foregoing Instrument wee acknowledged borers me this
Be EDGAR F. BARTELS
WITNESS my hand and olador seal
Myoommlulonesakes: *,29-O/
STATE OF
)es.
COUNTY OF r
The foregoing instrument wee acknowledged before me this
By'
(*name Individual Oramor(e) or if Grantor Corporation,PertnershlporAasoclatlon, Then Identify signora as preddenterNea president and
aeerelery or esdment secretary of corporation: or al Penner(e) of ponnorehlp, or as euthort:ed member(.) of aeeoclatlon.)
WITNESS my hand end official seal
My commission expires:
Grantor
—Vs+
ail
day nits/. ( t b 1b �'y A �
"Xf 61 V101% IN
gx.
0d /
day of
Notary
19
Notary PUWIe
01661 UPDATE LEGAL FORMS
WCTC No. 203
LAND LEASE
THIS AGREEMENT is made and executed this day of , 2012, by
and between Robert Sandau (1/3), Bruce D. Sandau (1/3), and Bartels Family, LLC (1/3) whose
address is 18446 CR-31, Platteville, Co., 80651 hereinafter referred to as "LESSOR",
AND
A & W Water Service, Inc., whose address is Box 887, Fort Lupton, CO 80621, hereinafter
referred to as "LESSEE".
WHEREAS, Lessor is the owner of a certain parcel of land situated in the SW '/4 of
Section 25, T4N, R60W of the 6th P.M., Weld County, Colorado, more specifically described as
Subdivision Exemption No. SUB X12- which is incorporated by reference herein;
WHEREAS, Lessee desires to lease the aforesaid parcel, hereinafter referred to as
"PREMISES", from Lessor for an initial term of One (1) year in accordance with the terms and
conditions hereinafter set forth;
WHEREAS, Lessor agrees to lease the Premises to Lessee in accordance with the terms
and conditions hereinafter set forth;
NOW THEREFORE, the parties hereto intending to be legally bound hereby, in
consideration of the above covenants and conditions and those hereinafter stated, mutually
covenant and agree as follows:
1. Premises: Lessor hereby leases to Lessee and Lessee rents from Lessor, for the
purpose of utilizing a "Water Loading Dock" on the Premises, being some 2.25 acres more or
less, more particularly described on Exhibit "A" hereto.
2. Terms: The term of this Agreement is for an initial term of One (1) year having
commenced on the first day of , 2012, and terminating on the last day of
2013.
Upon the expiration of the initial term of this Lease or any extensions provided for
hereafter, provided Lessee notifies Lessor at least sixty (60) days prior to the expiration of the
initial term or any extension of the then -current term, of his intent to extend the initial term of
this Lease or any subsequent term, this Lease shall be extended for one additional term of One
(1) year and additional terms of Ope (1) year, all other terms and conditions hereof to be
extended also at an annual rental of Ten & No/100 ($10.00) Dollars.
1
3. Rent: Lessee shall pay Lessor without demand the sum of Ten and No/100 ($10.00)
Dollars per year in advance commencing on the first day of and
annually thereafter on the same day of each consecutive year during the original term hereof or
any extension thereof Lessee agrees to pay the rent to Lessor at 18446 CR-31, Platteville, CO
80651, or at such other place as Lessor may from time to time request.
4. Access Road: Lessor hereby also grants to Lessee, during the initial term hereof or
any extension thereof, the nonexclusive right of access, in common with the Lessor, over, on, to
and from for ingress, egress and regress, an access from CR-40.
5. Utilities: Lessor shall pay the electric bill.
6. Real Estate Taxes: All real estate taxes levied upon or due and owing on the Premises
during the term of this Agreement shall be paid for by and are the responsibility of Lessor.
7. Improvements: Lessee shall have the right to make, install, and construct
improvements at the Premises with the consent of the Lessor. All Lessee owned improvements
shall upon the expiration or earlier termination of this Agreement be the property of the Lessee,
unless otherwise agreed between the Parties.
8. Maintenance of Premises: Lessee hereby covenants and agrees that he will use due
care at the Premises and that he will be responsible to pay for any and all needed repairs of
Lessee owned improvements, which are necessitated by any error, act or omission on the part of
Lessee.
9. Repair of Damage: In the event that the Premises is either partially or totally
destroyed or damaged by fire or other casualty, necessitated by any error, act or omission on the
part of the Lessee, the repair shall be the full responsibility of the Lessee.
10. Insurance: Lessee is responsible for insuring the Lessee owned improvements
located thereon against, fire, theft and any and all other casualty and loss. The Lessor will not be
held liable due to theft or vandalism of the Lessee owned property
11. Indemnification by Lessee: Lessee hereby covenants and agrees that he will
indemnify, defend and hold harmless, the Lessor from any and all claims, demands, suits, causes
of action, losses, damages, expenses and/or any and all litigation arising out of occurrences, in or
at the Premises or as occasioned or suffered by the Lessee or any of his employees, agents,
invitees, occupants, or other persons in attendance in or at the Premises, including any damages
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awarded for such claims, demands, causes of action, losses, damages and expenses or for costs or
attorney's fees, due to the error, act or omission of the Lessee.
12. Laws, Regulations and Codes: Lessee shall at all times during the term of this
Agreement comply with all local, state and federal laws, and all building, fire and sanitation
regulations and codes as they affect Lessee's enjoyment of the Premises.
13. Waste and Nuisance: Lessee hereby covenants and agrees not to commit waste on or
at the Premises or allow it to be committed nor permit maintenance of a nuisance or any other
noxious matter which may interfere with or affect the Premises.
14. Surrender of Premises: Unless otherwise agreed between the parties or unless as
otherwise provided for by the terms of this Agreement, Lessee hereby covenants and agrees to
surrender the premises at the end of the term arranged for under this Agreement or any extension
hereof, and to remove within Ninety (90) days of said expiration all Lessee's personal property
occupying the Premises, so that it is restored to the same or similar condition it was in before
Lessee first occupied it, other than improvements performed by Lessee constituting fixtures, with
exception for reasonable wear and tear or damage by unavoidable casualty not able to be
repaired in time. Any and all property not removed from the Premises within Ninety (90) days at
the end of the term of this Agreement or any extension hereof, will be considered to have
reverted to the status of building improvements belonging to the Lessor or to have abandoned as
to any and all rights or claims of Lessee, and will be at Lessor's sole right of disposal.
15. Assignment and Subordination: Lessee during the term hereof, shall not have the
right to sell, assign, sublease, mortgage or encumber any part or all of the Premises, without the
prior written consent of the Lessor, which may not be unreasonably withheld by the Lessor.
16. Events of Default and Remedies:
A. Events of Default: Each of the following events shall constitute an event of
default under this Agreement:
(1) If Lessee shall fail to pay any annual installment of rent or any other
charges or payments provided for in this Agreement on the date the same is due;
(2) If Lessee shall default in the performance of or compliance with any
of the terms, covenants, agreements, conditions or provisions of this Agreement and shall default
shall continue for a period thirty (30) days after written notice thereof by Lessor to Lessee;
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(3) If a receiver or trustee is appointed to take possession of all or a
substantial portion of the assets of Lessee;
(4) If any bankruptcy, reorganization, moratorium, insolvency, creditor
adjustment or debt rehabilitation proceedings or the like are instituted by or against Lessee under
any state or federal law;
(5) If a liquidator, receiver, custodian, sequester, conservator, trustee or
other similar judicial officer is applied for by Lessee or appointed for Lessee; and
(6) If Lessee becomes insolvent in the bankruptcy or equity sense.
17. Time of the Essence: Time is of the essence with respect to any time period for the
performance of any conduct or act by either party set forth in this Agreement.
18. Waiver: No delay, omission or failure to exercise any right of Lessor under this
Agreement shall be construed as a waiver of any such right or as impairing any such right. Any
waiver by Lessor of a single breach or default shall not be construed as or constitute a waiver of
any prior to subsequent breach or default. All remedies provided for above or by law, or
otherwise afforded to Lessor, are cumulative and not alternative.
19. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their respective heirs, executors, administrators, successors and assigns.
20. Governing Law: This Agreement shall be governed by and construed in accordance
with the laws of the State of Colorado.
21. Severability: If any provision of this Agreement is held invalid by any court of
competent jurisdiction, said provision shall be deleted from this Agreement, but such invalidity
shall not affect the other provisions that can be given legal effect without the invalid provision.
22. Counterparts: This Agreement may be executed simultaneously in one or more
copies or counterparts, each of which shall be deemed an original, but all of which together shall
constitute and be one and the same Agreement.
23. No Recording: The parties covenant and agree that this Agreement shall not be
recorded at the Office of the Clerk and Recorder of Weld County, Colorado.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day,
month and year first above written.
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LESSOR:
Robert Sandau Date
Bruce D. Sandau Date
Bartels Family, LLC Date
LESSEE:
A & W Water Service, Inc. Date
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