HomeMy WebLinkAbout841137.tiff RESOLUTION
RE: APPROVE FARM LEASE AGREEMENT WITH LEE GOULD FOR PROPERTY
LOCATED IN SECTION 2 , TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE
6TH P.M. , WELD COUNTY, COLORADO, AND AUTHORIZE 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, the Board of County Commissioners has been presented
a Farm Lease Agreement between Weld County and Lee Gould, and
WHEREAS, said Lease Agreement concerns property which is
described as follows:
All of the West 4 of the Northeast a of
Section 2 , Township 2 North, Range 68 West of
the 6th P.M. , Weld County, Colorado
WHEREAS , the term of said lease shall be from January 1 ,
1985 , to January 1 , 1986 , and shall automatically renew from year
to year for a maximum of three years , and
WHEREAS, the further terms and agreements are as stated in
the Lease Agreement, a copy of which is attached hereto and
incorporated herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Farm Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Farm Lease
Agreement between Weld County and Lee Gould be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Lease Agreement.
r ,' 841137
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 10th day of
December, A.D. , 1984 .
�� BOARD OF COUNTY COMMISSIONERS
ATTEST: lznnnt (z WELD COUNTY, COLORADO
Weld County lerk and Recorder - „�,`__
and Clerk to the Board Norman Carlson, Chairman
'
By: p7Jc�yu f( ,L / Ja uel�n t _ irb
n, Pro-Tem
D puty County terk
APPROVED AS TO FORM:
75; 2B
n R. B�
Carlson
County Attorney
J T. Martin
CASH RENTAL LEASE
THIS LEASE is effective the 1st day of January, 1985 ,
by and between WELD COUNTY, A POLITICAL SUBDIVISION OF THE STATE
OF COLORADO, BY THE BOARD OF COUNTY COMMISSIONERS FOR THE
RESPECTIVE INTERESTS, hereinafter called "Lessor" , and LEE
GOULD, 12148 WELD COUNTY ROAD 13 , LONGMONT, COLORADO 80501 ,
hereinafter called "Lessee" ,
WITNESSETH:
The Lessor hereby leases to the Lessee to occupy and
use for agricultural and related purposes the property described
as all of the West 11 of the Northeast a of Section 2 , Township 2
North, Range 68 West of the 6th P.M. , Weld County, Colorado,
lying South of the Last Chance Ditch.
1 . TERM - The term of this lease shall be from
January 1 , 1985 to January 1 , 1986 , and shall automatically
renew from year to year for a maximum of three (3) years unless
sooner terminated as hereafter provided.
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. AMENDMENTS - All amendments and alterations to
this Lease shall be in writing and signed by both
parties to this Lease.
2 . RENT - The rent to be reserved by, and paid to the
Lessor, shall be the sum of cash rental of TWO THOUSAND FIVE
HUNDRED DOLLARS , ($2 ,500 . 00) per year, payable in two
installments of ONE THOUSAND TWO HUNDRED FIFTY DOLLARS
($1 ,250. 00) each. The first installment shall be due and
payable February. 1 , 1985 and the second installment shall be due
and payable on June 15 , 1985. There must be no deduction made
from the rent for any reason unless prior written approval is
given by Weld County.
3. RIGHT OF ENTRY - The Lessor reserves the right of
the County, its agent, 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; (c) of
developing mineral resources including the extraction of sand
and gravel; and (d) after notice of termination of the Lease is
given, of plowing, seeding, fertilizing, and such customary
seasonal work; none of which is to interfere with the Lessee in
carrying out regular farm and ranch operations.
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 whomever.
5 . GENERAL MAINTENANCE - The Lessee will operate the
property during his tendency in a manner commensurate with good
farming and ranching practices in Weld County. Upon termination
of this Lease, the Lessee shall return property in the same
condition as said property was received by the Lessee, normal
wear and depreciation expected, and further all damage from
causes beyond the Lessee' s control excepted. The Lessee shall
perform a general routine maintenance and repairs as needed on
all fences and buildings , including any houses present on the
property. The Lessor shall perform all major repairs , as
needed, and further agrees that said Lessor will make all
repairs to all wells upon the premises leased. Whenever any
fences need to be repaired, the materials shall be supplied by
the Lessor and the labor shall be furnished by the Lessee.
Lessor agrees to perform all major maintenance on all irrigation
ditches and head gates, including cement work, and Lessee agrees
to perform all routine maintenance on all irrigation ditches and
head gates and further, Lessee agrees to perform all maintenance
on all irrigation ditches and head gates when damage is caused
by livestock or is caused by any negligent act of the Lessee.
6. GOOD HUSBANDRY - The Lessee will operate the
property in an efficient and husband like way, will do the
pasturing, plowing, seeding, cultivating, and harvesting in a
manner that will conserve the Lessor' s property.
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 not, without written consent of
the Lessor, (a) plow permanent pasture or meadowland,
irrigated pasture excepted, (b) cut live trees for
sale or personal uses , (c) allow livestock other than
his own on stalkfields or stubblefields, and (d) burn
or remove cornstalks , corncobs, straw or other crop
residues grown on the property.
C. 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, farmstead, roadside
and fence rows.
7 . AND IMPROVEMENTS - The Lessee will not, without
written consent of the Lessor, (a) erect or permit to be erected
on the property any removable 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. However, Lessee
shall have the right to use any of the farm buildings on the
property no removed or destroyed by Lessor.
8 . WATER - Lessor agrees that Lessee shall have all
water for domestic and/or irrigation which Lessor owns with said
property. Lessee shall pay all water assessments.
9 . TERMINATION - Either party may terminate this
Lease by providing thirty (30) days prior written notice to the
other party before the end of each annual term or extension
thereof.
10 . 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 10th day of
December , 1984 .
WELD COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF
COLORADO, BY THE BOARD OF COUNTY
COMMISSIONERS FOR ITS RESPECTIVE
INTERESTS (LESSOR)
. (?):2\\e{\C\Cr--
6M/ i ' igaitt
Ii ,J�� 1 l`- ;
ATTEST i(A/1.44.% v (�
Weld CountciA Clerk and Recorder
and Clerk to the Bo � idd Z
BCC)/ a,--„(_rt- 4 L2._.)
D¢puty County Clerk
APPROV D AS TO F •
County Att rney
ACCEPTED:
Lessee
State of Colorado )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this
day of , 19 by
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