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HomeMy WebLinkAbout770313.tiff RESOLUTION RE: ACCEPTANCE OF LEASE AGREEMENT ON THE DAVIS RANCH WITH MILLER LIVESTOCK. 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 County of Weld, a Political Subdivision of the State of Colorado, by the Board of County Commissioners for its Respective Interests , did enter into a lease agreement with Miller Livestock concerning the leasing of property known as the Bakerink Lot located on East 8th Street on the former Davis Ranch, all as set out in the lease agreement, a copy of which is attached hereto, and which is dated February 8, 1976 , and WHEREAS , said lease agreement has never been adopted by the Board of County Commissioners of Weld County, Colorado, and WHEREAS, the Board of County Commissioners believes it to be in the best interest of Weld County to adopt said lease agree- ment, and further said Board noted that the terms of said lease agreement have been met by the Lessee. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that said lease agreement made and entered into February 8, 1976 , by and between The County of Weld as Lessor and Miller Livestock as Lessee, be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of August, A.D. , 1977. BOARD OF COUNTY COMMISSIONERS G WELD COUNTY (: nn eL, 21�1y/ COLORADO ATTEST: (, ` .ei''ilrr Weld County Clerk and Recorder a Clerk to the B a ��-���llF/'`i' ` putt' County erk / eat-Ft,. („: AP ED AS TO FORM: County Attorney 770 31 3 t' ! �.�°�'� Date Presented: September 7, 1977 LEASE THIS LEASE made this 8th day of February, 1976, by and between WELD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, BY THE BOARD OF COUNTY COMMISSIONERS FOR ITS RESPECTIVE INTERESTS, hereinafter called Lessor, and MILLER LIVESTOCK, hereinafter called Lessee, WITNESSETH: The Lessor hereby leases to the Lessee to occupy and use for livestock and related purposes, the property known as the Bakerink Lot located on East 8th Street on the former Davis Ranch. 1 . TERM - The term of this lease shall be from January 1 , 1976 , to January 1 , 1977, and this lease shall continue in effect from year to year for a period not to exceed three consecutive years, unless either party shall give written notice to the other of termination not less than 60 days prior to expiration of this lease or renewal thereof. A. CONTINUOUS OCCUPANCY - The Lessee agrees that he or his agent will possess and occupy the property continuously during the term of the lease, and shall not have the right of assignment of this agreement. B. SURRENDER OF POSSESSION - The Lessee agrees to surrender possession and occupancy of the premises peaceably at the termination of the lease. C. REVIEW OF LEASE - A request for general review of the lease may be made at least 60 days prior to the final date for giving notice to terminate this lease. Amendments and alterations to this lease shall be made in writing. 2. RENT - The rent to be reserved by, and paid to, Lessor shall be the sum of Two Thousand Seven Hundred Dollars ($2,700.00) per year or Two Hundred Twenty Five Dollars ($225.00) per month. A. The sum of Two Thousand Seven Hundred Dollars ($2,700.00) payable with signing of said lease. B. Annual rent shall be payable on January 1 , of each subsequent year or monthly rent shall be payable on the first day of each month. 3. RIGHT OF ENTRY - The Lessor reserves the right of the County, its agents, its employees , or its assigns to enter the property at any reasonable time for purposes (a) of consultation with the Lessee; (b) of making inspections. 4. RIGHT TO LEASE - The Lessor warrants that he has the right to lease the property, and will defend the Lessee's possession against any and all persons whomsoever. 5. GENERAL MAINTENANCE - The Lessee will operate the property during his tenancy in as good condition as at the beginning, normal wear and depreciation and damage from causes beyond the Lessee's control excepted. Lessee will perform maintenance and repairs as needed on all fences and buildings. 6. GOOD HUSBANDRY - The Lessee will operate the property in an efficient and husbandlike way. A. The Lessee will not commit waste on, or damage to, the property and will use due care to prevent others from so doing. B. The Lessee will use diligence to prevent noxious weeds from going to seed on the property and will destroy the same, and will keep the weeds and grass cut or destroyed on the fields , farm- stead, roadside and fence rows. 7. ADD IMPROVEMENTS - The Lessee will not, without written consent of the Lessor, (a) erect or permit to be erected on the property any nonremovable structures or buildings , or (b) incur any expense to the Lessor for such purpose, or (c) add electrical wiring, plumbing, or heating to any buildings , and if consent is given, he will make such additions meet standards and requirements of power and insurance companies. 8. The obligations, benefits, terms and conditions of this lease shall inure to and be binding upon the heirs , and personal representatives of the lessee. IN WITNESS WHEREOF, the said parties have hereunto subscribed their names and signed the same this day of , A.D. , 1976. WELD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, BY THE BOARD OF COUNTY COMMISSIONERS FOR ITS RE PECTIVE INTERESTS (LESSOR) ATTEST: COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Deputy County Clerk MILLER LIVESTOCK (LESSEE) YT Hello