HomeMy WebLinkAbout790359.tiff RESOLUTION
RE: APPROVAL OF LEASE AGREEMENT BETWEEN WELD COUNTY, COLORADO AND
THE GREELEY AUDUBON SOCIETY.
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, a lease agreement between Weld County, Colorado and
The Greeley Audubon Society has been presented to the Board of
County Commissioners of Weld County, Colorado. A copy of said
lease agreement is attached hereto and incorporated herein by
reference, and
WHEREAS, in said lease agreement, Weld County, Colorado agrees
to lease to The Greeley Audubon Society the following described
property:
A tract of land located in the Southeast Quarter of
Section 1, Township 5 North, Range 65 West of the
6th P.M., Weld County, Colorado. Lying South and East
of the Ogilvy Ditch as the sane now constructed.
Beginning at the Northeast Corner of the Humane Society
property as described in the deed recorded in Book 795,
Reception Number 1716761.
More particularly described as follows: Along the
approximate Northwesterly R-O-W line of the Ogilvy
Ditch by the following courses and distances:
South 16°52'20" East, 86.12 feet;
South 21°42'45" East, 213.39 feet;
South 09°28'09" West, 84.09 feet; thence leaving said
parcel in a southerly direction 702 feet; thence
Easterly 1118 feet more or less to a point on the East
line of Section 1; thence North along the East line of
Section 1 to a point which is 315 feet North of the
Southeast Corner of the N1 of the SE4, Section 1 as
described in the deed recorded in Book 1513, Page 141;
thence Northwesterly along the West line of said parcel
1082 feet more or less to a point on the southerly
R-O-W line of Colorado State Highway #263; thence
leaving said parcel in a westerly direction along the
South R-O-W line of Colorado State Highway #263, 420
feet more or less to the True Point of Beginning.
Said parcel contains 21.5 acres, more or less.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado deems it advisable to approve said lease agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the lease agreement
between Weld County, Colorado and The Greeley Audubon Society
PRA
790359
concerning the leasing of the abovedescribed property be, and
hereby is, approved.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 28th day of
February, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
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ATTEST: VW) C4'PrtsM'f.Y✓
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Weld County Clerk and ecorder
and-E -rk to the Bo. d
�e.uty County C erk
AP'•RO :D AS TO FORM: //
County Attorney
DATE PRESENTED: FEBRUARY 28, 1979
LEASE AGREEMENT
THIS LEASE is effective the 1st day of March , 1979
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 THE GREELEY AUDUBON SOCIETY, hereinafter called Lessee,
WITNESSETH:
The Lessor hereby leases to the Lessee to occupy and use for
educational purposes the property described in Exhibit "A", attached hereto
and incorporated herein by reference.
1. TERM - The term of this Lease shall be from March 1
19 79 , to March 1, 1980, 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 ninety
(90) 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.
2. RENT - The rent to be reserved by, and paid to the Lessor
shall be the sum of cash rental of ONE DOLLAR ($1.00) , payable on or before
the 1st day of January, 1979, and each and every year thereafter that this
Lease Agreement is in effect.
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 Lessee; (b) of making
inspections; (c) of developing mineral resources including the extraction
of sand and gravel; and (d) after notice of termination of the lease is
Page 1 of 5 pages
given, of plowing, seeding, fertilizing, and such customary seasonal work.
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. USE OF PREMISES - The property shall be used only for
educational purposes as specified herein. The property shall be used only
for the following activities:
a) Organized field trips led by a qualified instructor
of any Weld County public school, Aims Community College,
or the University of Northern Colorado.
b) Graduate/undergraduate research projects supervised and
approved by qualified instructors of the educational
institutions listed above.
c) Organized field trips sponsored and led by qualified
individuals representing the Greeley Audubon Society or
or similar educational groups whose purpose is to increase
the awareness of the County residents to their local
environment.
dl No overnight use of the property will be permitted.
6. DUTIES AND RESPONSIBILITIES OF LESSEE.
a) Greeley Audubon Society with the assistance of other
interested parties including District 6 schools, University
of Northern Colorado and Aims Community College, will acquire
fencing and fence the stated area with a minimum of 4-strand
barbed wire, with the fence to run on the South side of the
river and tie in with the fence on the wildlife management
easement, and the fence that bounds the site of the Humane
Society property. A gate will be provided on the South
side fence to allow entry by the Davis Ranch farmer if
necessary. No activities will be scheduled on the site
until such fencing has been completed.
b) A member of the society will be responsible for scheduling
Page 2 of 5 pages
the use of the site.
c) The coordinator will present a report to Lessor on an
annual basis documenting the use of the area.
d) A site will be designated as the access point to the
property from Road 263 and entrance will be such that
vehicles will be totally pulled off the road onto the
property. All legitimate users will enter at that point.
Users will be given authorization cards by the coordinator
that will be displayed on the windshield during their use
of the area.
e) The property will be signed with appropriate signs with
regards to trespass, use, etc. No firearms will be allowed
on the property. Any specimens taken or collected will be
by legal methods with appropriate state collecting permits.
7. INDEMNIFICATION - Lessee shall indemnify and hold harmless
and forever discharge and release Lessor, its successors and assigns, from
all debts, claims, demands, damages, actions and causes of action whatsoever
arising out of, or directly or indirectly due to, any accident or other
occurrence causing injury to any person or persons or property as a result of
Lessee's use of the leased premises.
8. NOTICE - Any notice required or desired to be given by either
party hereto to the other party shall be sent by certified mail, return
receipt requested and postage prepaid to Lessor at: Centennial Center,
915 10th Street, Greeley, Colorado 80631 and to Lessee at: P.O. Box 701,
Greeley, Colorado and receipt shall be presumed seventy-two
(72) hours after the of such notice. It is understood and agreed that
the addresses to which such notice or notices shall be sent, may be changed
at any time or from time to time by either party hereto to the other party
by notice sent pursuant to the provision of this paragraph.
9. MAINTENANCE OF PREMISES - Lessee shall return the premises to
Lessor at the end of the term in at least as good a condition as when Lessee
took possession. The Lessee will not commit waste on, or damage to, the
property and will use due care to prevent others from so doing.
Page 3 of 5 pages
10. ADD IMPROVEMENTS - The Lessee will not, without written con-
sent 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.
11. DEFAULT - Lessee further agrees that should any of the provisions
of this Lease Agreement be in default, Lessor may declare this Lease Agreement
terminated and after the expiration of seven (7) days from the date of
service or a written notice to that effect, be entitled to possession of
said premises without further notice or demand.
12. 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 28t1¢lay of February , 19 79 .
‘71n W D COUNTY, A POLITICAL SUBDIVISION OF THE
ATTEST: ��� �`��� ! �f ATE OF COLORADO, BY THE BOARD OF COUNTY
V COMMISSIONERS FOR ITS RESPECTIVE INTERESTS
Weld County Clerk and (LESSOR)
Recorder and Clerk to the 4, 7..l' �ti /�� ._Board f C 6 Y /-:72:,1%d'_i Ve.i.--)-7-42-1...)
T e 'ty County Cle irr
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APPROVED AS TO FORM: (-).---
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-----C unty Attorneyi {. a�cc�.� P 1 ,t
ACCEPTED:
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Lessee for Greeley Audubon Society
Page 4 of 5 pages
"EXHIBIT A"
PARCEL FOR COLLEGE
A tract of land located in the Southeast Quarter (SEa) of Sec-
tion 1, Township 5 North, Range 65 West of the 6th P.M. , Weld
County, Colorado. Lying South and East of the Ogilvy Ditch as
the same now constructed.
Beginning at the Northeast Corner of the Humane Society property
as described in the deed recorded in Book 795, Reception Number
1716761.
More particularly described as follows: Along the approximate
Northwesterly R-O-W line of the Ogilvy Ditch by the following
courses and distances:
South 16°52 ' 20" East, 86. 12 feet;
South 21°42 ' 45" East, 213. 39 feet;
South 09°28' 09" West, 84 . 09 feet; thence leaving said parcel in
a southerly direction 702 feet; thence Easterly 1118 feet more
or less to a point on the East line of Section 1; thence North
along the East line of Section 1 to a point which is 315 feet
North of the Southeast Corner of the N' of the SEa, Section 1
as described in the deed recorded in Book 1513, Page 141; thence
Northwesterly along the West line of said parcel 1082 feet more
or less to a point on the Southerly R-O-W line of Colorado State
Highway #263; thence leaving said parcel in a Westerly direction
along the South R-O-W line of Colorado State Highway #263, 420
feet more or less to the True Point of Beginning.
Said parcel contains 21. 5 Acres more or less.
To: Weld County Commissioners October 2, 1978 1) I
From: Greeley Audubon Society
1 /1L`""
Regards: Proposal to Weld County Commissioners for use of Approximately 40-60 acres of
the Davis Ranch for Educational Purposes
In response to your request for a proposal for usage of the approximately 40-60 acres
of the Davis property located at the extreme Northeast edge and bounded by the Colorado
Division of Wildlife management easement on the East and Road 263 on the North and the
Poudre River on the South we would agree to the following:
1. Greeley Audubon Society with the assistance of other interested parties including
District 6 Schools, University of Northern Colorado, and Aims Community College,
will aquire fencing and fence the stated area with a minimum of 4-strand barbed
wire, with the fence to run on the South side of the river and tie in with the
fence on the wildlife management easement, and the fence that bounds the site of
the Humane Society property. A gate will be provided on the South side fence to
allow entry by the Davis Ranch farmer if necessary. No activities will be scheduled
on the site until such fencing has been completed.
2. Greeley Audubon Society (Dr. Fitzgerald) will be responsible for scheduling use of
the site for educational purposes. The property will be open for the following activities:
a/ Organized field trips led by a qualified instructor at District 6, Aims, or the
Univ. Northern Colorado.
b/ Graduate/undergraduate research projects supervised and approved by qualified
instructors at the institutes listed above.
c/ Organized field trips sponsored or led by qualified individuals representing the
Greeley Audubon Society or similar educational groups whose purpose is to increase
the awareness of County residents to their local environment.
d/ No overnight use of the property will be allowed.
3. Greeley Audubon Society will perform the following additional duties:
a/ A member of the society will be responsible for scheduling use of the site.
b/ The coordinator will present a report to the County Commissioners on an annual
basis documenting the use of the area.
c/ A site will be designated as the access point to the property from Road 263 and
entrance will be such that vehicles will be totally pulled off the road onto
the property. All legitimate users will enter at that point. Users will be given
authorization cards by the coordinator that will be displayed on the windshield
during their use of the area.
d/ The property will be signed with appropriate signs with regards tresspass, use, etc.
No firearms will be allowed on the property. Any specimens taken or collected will
be by legal methods with appropriate state collecting permits.
4. Liability - It is assumed that any institutional uses or uses by private organizations
will be covered under their liability insurance. Such responsibility will rest with the
users and n ith the County.
Signed: for the Greeley Audubon Society
6 Date of Signature
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