HomeMy WebLinkAbout790732.tiff RESOLUTION
RE: APPROVAL OF FARM LEASE AGREEMENT BETWEEN WELD COUNTY, COLORADO
AND LYNN SHIPPS AND AUTHORIZATION FOR CHAIRMAN TO SIGN.
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 farm lease agreement between Weld County, Colorado
and Lynn Shipps has been presented to the Board of County Commis-
sioners of Weld County, Colorado for property described as follows :
The Southeast Quarter of Section One, Town-
ship 8 North, Range 66 West of the 6th Prin-
cipal Meridian, Weld County, Colorado.
A copy of said farm lease agreement is attached hereto and incor-
porated herein by reference at this point, and
WHEREAS, the annual rental for the above described premises
is agreed to be $603. 00, and
WHEREAS, the Board of County Commissioners deems it advisable
and in the best interests of Weld County to approve said farm lease
agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of Weld County, Colorado that the farm lease agreement
between Weld County, Colorado and Lynn Shipps be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of the
Board be, and hereby is, authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 18th day of
April, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
ATTEST: 7 ELD COUNTY, COLORADO
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Weld County C 'erk and Recorder
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DATE PRESENTED: APRIL 18, 1979
FARM LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into this 18th day of
April , 1979 , nunc pro tunc to January 1 , 1979 ,
"-S11 ;/79,5
between THE COUNTY OF WELD, Landlord, and Lynn
whose address is / ?/61/41- G.R. ioo WUnn
�p gob4Q , Tenant.
1 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 (SEr) of Section One (1) ,
Township Eight (8) North, Range Sixty-six (66)
West of the Sixth Principal Meridian, Weld County,
Colorado.
Section 2 - Term of Lease.
The term of this Lease Agreement shall be for one year, com-
mencing on January 1, 1979 through December 31, 1979 , and to con-
tinue from year to year thereafter unless sooner terminated by
either party by 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, the Tenant shall have
the right and be entitled to harvest the crop except as provided
in Section 12 below. The real estate covered by this Agreement
is dry farmland and although this agreement is based on a calendar
year term, it is contemplated by both parties to this Agreement
that all crops planted during the calendar year term of this
lease shall be harvested by the Tenant upon maturity of said crops .
Section 4 - Rental.
The annual rental for the above described premises is
agreed to be $ t, C)3 payment ofwehich shall be made by
the Tenant to the Landlord for calendar year 1979 upon the
date of execution of this Agreement. In the event that the Tenant
holds over into calendar year 1980 and subsequent years pursuant
to Section 2 of this lease, then, in that event, the Tenant shall
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make each annual payment to the Landlord on or before January 10
of the calendar year for which this Lease is renewed.
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-
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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 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
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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
activities and to release the Tenant from obligation to continue
farming this property when development of mineral resources inter-
feres materially with the Tenant 's opportunity to make a satis-
factory 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:
Mr. Lynn Shipps
17165 County Road 100
Nunn, Colorado 80648
IN WITNESS WHEREOF, the said parties have hereunder subscribed
their names this 18thday of April , A. D. , 1979 .
LANDLORD
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
By:
Chairman
TENANT:
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February 2, 1979
Weld County Commissioners:
Subject: Termination Notice :
I regret to have to inform you that I will no longer be able to
farm the land I have leased from you since June 20, 1977.
Legal description: SE 1/4 of Section One , Township 8: Range 66.
I have expanded my hog operation to the point that it is comsuming
most of my time and energy.
I feel I'm giving you plenty of notice as farmers won't even think
of working the stubble until about the middle of April and if the ground
doesn' t thaw out it may even be laterthan that. If you feel that you
don' t have enough time to get someone to farm this land by then I stand
willing ar.d able to continue farming your property for another year, but
this would put quite a burden on me as my time is tied up with my hog
operation.
If you don' t have anyone in mind for leasing this land way I recommend
Mr. Lynn Shipps. He farms the land adjoing your property and in my opinion
is an excellent farmer. I'm sure he would be interested in leasing it
from you.
If you would like to contact him, his address is as follows:
Lynn Shipps
17164 ;Meld County Road 100
Nunn, Colo. 80648
Phone 897-2265
I will continue to 7anage and oversee the 1979 crop that is already
planted thru to harvest as it is already undcr the terms of our contract.
If you have any questions that I may not have covered in this
termination notice , please feel free to call or write.
Richard Kruse
17247 a?eld County Road 102
ter tellealti% Nunn, Colo. 80648
Phone 897-2270
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