HomeMy WebLinkAbout20061480.tiff Commercial Lease
This lease is made between David Rippe, of 4680 Weld County Road 87, Roggen,
CO 80652, herein called Lessor, and Artistic Fire (Byron Nelson and/or Melba
McDanal) of 6148 Iris Way, Arvada, CO 80004, herein called Lessee. Lessee
hereby offers to lease for Lessor the premises situated in the County of Weld,
State of Colorado, described as 6000 square foot Special Storage lot "A",
under the following TERMS and CONDITIONS:
1. Term and Rent. Lessor demises the above premises for a term of one (1 ) year,
commencing August 28, 2004, and automatically renewable on annual date as
provided herein at the annual rental of five hundred Dollars ($500.00) payable in
advance on August 28 for that year's rental. Either party can terminate
agreement with sixty (60) days notice. All rental payments shall be made to
Lessor, at the address specified above.
2. Use. Lessee shall use and occupy the premises for the storage of fireworks
and related materials in ATF approved magazine/s. The premises shall be used
for no other purpose. Lessor represents that the premises may lawfully be used
for such purpose. (See #5 below)
3. Care and Maintenance of Premises. Lessee acknowledges that the premises
are in good order and repair, unless otherwise indicated herein. Lessee shall, at
his own expense and at all times, maintain the premises in good and safe
condition, and shall surrender the same, at termination hereof, in as good
condition as received, normal wear and tear excepted.
4. Alterations. Lessee shall not, without first obtaining consent of Lessor, make
any alterations, additions, improvements to or about the premises. The portable
structures and storage containers located on the land are the property of the
Lessee and may be improved and/or removed without permission from the
Lessor.
5. Ordinances and Statutes. Lessee and lessor shall comply with all statutes,
ordinances and requirements of all municipal, state and federal authorities now
in force, or which may hereafter be in force, pertaining to the premises and
materials stored therein, occasioned by or affecting the use thereof by Lessee.
6. Assignment and Subletting. Lessee shall not assign this lease or sublet any
portion of the premises without prior consent of the Lessor, which shall not be
unreasonably withheld. Any such assignment or subletting without consent shall
be void and, at the option of the Lessor, may terminate this lease.
7. Entry and Inspection. Lessee shall permit Lessor or Lessor's agent to enter upon
the premises at reasonable times and upon reasonable notice, for the purpose of
inspecting the same. The Lessor shall inspect the fenced storage area as
required by Federal regulations and as part of the lease agreement. (See #5
above.)
Page 1 of 2
2006-1480
8. Indemnification of Lessor. To the extent of the law, Lessor shall not be liable for
any damage or injury to Lessee, or any other person, or to any property,
occurring on the demised premises or any part thereof. Lessee agrees to
indemnify and hold Lessor harmless from any claims for damages which arise in
connection with any such occurrence. Said indemnification shall include
indemnity from any costs or fee which Lessor may incur in defending said claim.
9. Insurance. Lessee shall provide current proof of insurance for general liability
and fire.
10. Eminent Domain. If the premises or any part thereof or any estate therein,
shall be taken by eminent domain, this lease shall terminate on the date when
title vests pursuant to such taking. The rent, and any additional rent, shall be
apportioned as of the termination date, and any rent paid for any period
beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any
part of the award for such taking or any payment in lieu thereof, but Lessee may
file a claim for any taking of fixtures and improvements owned by Lessee, and for
moving expenses.
11. Lessor's Remedies on Default. If Lessee defaults in the payment of rent, or
defaults in the performance of any of the other covenants or conditions hereof,
Lessor may give Lessee notice of such default and if Lessee does not cure any
such default within thirty (30) days, after the giving of such notice (or if such
default is of such nature that it cannot be completely cured within such period, if
Lessee does not commence such curing within such thirty (30) days and
thereafter proceed with reasonable diligence and in good faith to cure such
default), then Lessor may terminate this lease on not less than thirty (30) days
notice to Lessee. On the date specified in such notice the term of this lease shall
terminate, and Lessee shall then quit and surrender the premises to Lessor,
without extinguishing Lessee's liability. If this lease shall have been so terminated
by Lessor, Lessor may at any time thereafter resume possession of the premises y
any lawful means and remove Lessee or other occupants and their effects. No
failure to enforce any term shall be deemed a waiver.
12. Heirs, Assigns, Successors. This lease is binding upon and inures to the benefit
of the heirs, assigns and successors in interest to the parties.
13. Subordination. This lease is and shall be subordinated to all existing and
future liens and encumbrances against the property.
14. Entire Agreement. The foregoing constitutes the entire agreement between
the parties and may be modified only by a writing signed by both parties.
Signed this /3' day of — oA-tey , 20 Oe, .
Lessor: v� � I• /C7 jcp
Lessee: 1��
Lessee: 4 —cc C cJ,/C�
Page 2 of 2
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Commonwealth Land Title Insurance 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 August 30, 1972.
LEGAL DESCRIPTION
The Northwest 1/4 of Section 8, Township 1 North, Range 61 West of the 6th P.M.,
County of Weld, State of Colorado.
CONVEYANCES (If none appear, so state):
Reception No. 1402115 Book 1639
Reception No. 1598179 Book 676
Reception No. 2024396 Book 1084
Reception No. 3175087 Book
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Commonwealth Land Title Insurance Company is
hereby limited to the fees paid for this Certificate.
In Witness Whereof, Commonwealth Land Title Insurance Company, has caused this
Certificate to be signed by its proper officer this 18th day of January, 2006, at 7:00 am.
Order No. CWLM0000874
Commonwealth Land Title Insurance Company
By
uthorized Signature
`.......______1‹ ,mil. � �_ �-
.--,
Feb 2 61'63 of I'ta U�
ly 1
Fr,..r.e,l a. '/ .;eh+k r' kf BOCK 16•) etn,
^. u. 1'1,02115 e,t.ti Reenrder '
erp L..n �!
RECORDER'S STAMP
I Tens DEED, Dade ih, 22nd ,i,y.s rebruir
in the year of our Led me n, ..uun'1 nine rendre! and sixty-three
hetween
1 GLEN E. SCHMIDT H
40, County of Weld and stale ..l
(..bor-t., ,.I for f nt part awl
EMIL RIPPE and LEORA RIPPE '
• of the City and County of Denver and State of Colorado,of the second part:
I R'ITNESSETH, that the said pan y of the first part,for and in consideration of the ram of '
! TEN DOLLARS ($10.00) AND OTHER GOOD AID VALUABLE CONSIDERATION
to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is
orby eonirssed and acknowledged. na a granted, batb.ined,sold and conveyed and here presents does
grant. bargain,sell,convey and confirm unto the said parties of the second part, their heirs and assigns forever, not .._ _.
in tenancy in common but in joint tenancy.ail the following described lot or parcel of land,situate,lying and
being in the County of Weld or
State _ -
of Colorado. to-wit
J
.—_.��.•`ti kaa� The Northwest Quarter (:ik'_) of Section 6, ..
_ Township 1 North, Range 61 West of the 6[n P.M. It t ,'t •
rook with exceptions as recorded in Book 911 at k' ).
1 Page 114 and dated March 26, 1931 and Book 1571
g v e("t at Page 312, dated November 1, 1960 .
.
{.
Z Grantor .reserves all of the mineral rights_he h now owns menu
il0 roe
`o��Al a`'w)7 �• gw*rtl _1 � t! 7- .
TOGETHER with I d singular the n reditam me d • •
Tappurtenances thereu t o to g 8 anywise _
i ppe rti ning.and the and s remainder and ders,rents.tuna d p of h. and all the
)� estate,right.title,interest claim and demand whatsoever of the said party of the efirst part,either 'n law or ea •ty. •
-_
iof. and to the above bargained premises,with the hereditament,and appurtenances.
TO IIAVE AND TO(HOLD the said premises above bargained and described.with the appurtenances.,into the said
' I parties of the second part,their heirs and assigns forever.And the said part y of the first part. for hiert
hia heirs.executors.and administrators do go covenant, grant,bargain and agree to and with the said parties
of the second part,their heirs and assigns.that at the time of the enseaiing and delivery of these presents he is
'i:. :. well seised of the premises above conveyed.as of good,sure.perfect,absolute and indefeasible estate of inheritance,in
.I law.in fee simple,and hag good right.full power and lawful authority to grant.bargain,sell and convey the same in
inner and form aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens.
nixes,assessments and incumbrances of whatever kind or nature.Dever, subject to taxes for the year
� J 1963, payable in 1964, reservations and restrictions of record and subject to a
• 'J' • mortgage deed recorded in Book 510 at Page 387 and as modified by modification
:.7 J. : agreement recorded in Book 1609 at Page 477, Weld County records,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part.their heirs
and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said
party of the first part shall and will WARRANT AND FOREVER DE FEND.
IN WITNESS WHEREOF the said part y of the first part ha s hereunto set his hand and
seal the day and year first above written.
. %�/ !.7Z.2..s-rC.7 (SEAL] m
Signed.Sealed and Delivered m the Presence of m
/.L +r•. 1�. ISEAL7
1
- (SEAL] I p , l
STATE OF COLORADO, l
`es. e,
',- ainver County 1
QTArbrfoit(oag instrument was acknowledged before me this 22nd day of February i
li81,by._-Glen E. Schmidt
U6Mye 'o' Ii co
y eitaz.On ewpwes February 1, 1967. Witness mid hart and official seal. 1
I v:sh> II I
y <c=1Ae 'am __ �.:.L-sown riu'm - It
.—__ No.Ili.waaIANTY 0110.—to Thiel n..er...ar.awsaaadr Plenum,Compar.1124.44 awe Street.Denver.ceb..m
•te b nnn,pones or p.r.ona bar.,asset Rates Or nYrw.;If by parson acting m nprernnttve or onloui e+peR,or lea
anormal.eaer.Wen Mart sans.or cacaos a.exetutot,atpton.,.m.raet or other masseur or a..ertpnoc:It by oaten or r-
pooe t5 a pia Ins BC site of such ooA�Fori't.,.,a the r:idnt or Other senors of such corporation.manning sc—S on, .
• azip
• 1 o lOOK Recorded at. .a�pp,ad�dme�aak.C.f'..M qq g V.Z. _
N Reception No........., 61101 !!Mi t#..—....Reeerder,
a�� R100RDERI'TAMP
?MODE , Made;hie 11th ,dey of September,
10 72,between
EMIL RIPPE and LEONA RIPPE
'al': tT ;,
j! a. of the County of Arapahoe and State of <
r' Colorado of the first pert,and
I
say ,` ARNOLD D. RIPPE and NELDA V. RIPPE
* ;
N I of the County of Weld and State of Colorado,of the second part:
rr
t I w, WITNESSETI,that the said parties of the first part for and in consideration of the sum of --
"'.•, Love and affection DOLLARS,
. •3. 1 O to the said part leg of the fIrtt part In band paid by eha said parties of the second part,the receipt whereof is
.1 O hereby confessed and acknowledged.ha Ye granted,bargained,sold and conveyed,end by' on Meets do
a grant,bargain,Nell,convey end confirm unto the said parties of the second pert,their heirs sad'nano forever,net _
in energy I common but in joint tenancy,erg the following described lot or parcel of land,&Scab,lying and 2
c'' bags ht the County of Weld and State of Colorado,to sea.
'
- "A I^ The Northwest Quarter (NW 1/4) of
" -) N Section 8, Township 1 N, a 61 -
Ran
q.i toe, Range
aZi West of the 6th P.M., together
4 with all wells, pumps and other
". improvements.
,-
-.4,;!.. C.-
-
• TOGETHER with all and Swath the Mdihmmte endappurtenana therewith belonging,or In anywise
appeQ-
l., appertaining,the reversion and revade4 e remade sad reranderaate,r Mouse and fits pro thereat;and all the
estate, right, title, interest claim and &eased whatsoever of the said parties of the fiat part,either in law or
equity.of,in and to the above bargained premier,with a.hendltemste and appoeba.ncss, _
TO HAVE AND TO HOLD the said pss above bargained and described,with the appurtenances,unto the said ^
Parties of the wood part,their baba end assigns assigns fere .And the said pert ies- of the first part for them
''.'r"' selves,theSalm,ematore,sad administrators de eoemaa%grab Ethan sad era N and with the '. `
®W
said patties of the;mead path their helve mid emdgee that at the the of the edstaas end delivery of Wm pre& )
...
_ '*;d aid they arewsil mid of the prneUan above amveyed,ig tof, Rod.sere,Meimh ahsale a sad lanai,Ear-
.4, -:.
.;." estate of irheritam,la law,in fee simple,sad►a ye red right.fan paver sad lawful to grant.4'.:(.,
i,l gain,mil and convey the same in man sad fees sferm&d,ad that the man an free martian from all former F�!,.:
ad other grante,bargains,sale,liens,eases,mace mwitt ad ea mbnneee of whabva bird or eaves erve4 'a—_
4 except taxes for 1972, easements, reservations and restrictions er
of record, 41
and the'bon pre mien prien la the quiet ad p acehle powmlen of the said partial of the second part,their •
'�: heirs ad assigns,against all ad every Donee or proms lawfully claiming er to claim the whole or any pert thereof,
i the caas d parties of the first part shall and w WARRANT AND FOREVER DEFEND.
t,+1 IN WITNESS WHEREOF the said Parties of the first part have hereunto eettheir hands and _S
I seal a the day and year first above written.
Signed,Sealed and Delivered In the Preteen of ... ✓✓✓ [SEAL] .. .
EM17, RIPPE
r
+�'f .
1 CgEA7.)
`�'/f�.t, t
'1 STATE OF COLORADO. i '^"' 'l. .._ .. [SEAL]
09-
LEORA RIPPE IC
City and ,...n., w Can ova. r G.
`a '[he foregoing instrument woe acknowlNPM before me this 11th day of September,
-
y , . Io 72**c EMIL RIPPE and LEORA RIPPEkit
-
tsrti �Yr q ogiree }1 ,L�S:Witter my hand sad o ndel seal. `. ,';,
esl `4d 1
y
tP-i-°" .`C' of (�,�,W .
i ` t ' '""'"m
ens ,. :' l :
Na se,W'''arn D -Ye fete 1 yelramn 4;met Dam Nei aeon an
;S etmn a hew teartsserr r
°w�iWa esw i° m mgr muve Lc >w atraat ? .,
me m. ,- Tit4LSC ,c4.44`...:1,. a.� 'k.", 'z
a ,„ 1 473',7171 -Ir.,.* .,: zee; ^0-{--ha dr*y j.
.00 1/001
r AR2U24396 B 1084 EEC 02024396 09/11%85 10:13
F 0041 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO .
• -"— — Recorder's Stamp
THIS DEED, Made this 6th day of September
• 19 85 ,between II
Arnold D. Rippe (a/k/a Arnold 0. Rippe) and
Nelda V. Rippe Weld ,State of
of the County of
Colorado,of the first part,and
Arnold 0. Rippe and Nelda V. Rippe ''-
whose legal address is
of the County of Weld and State of I .
Colorado,of the second part:
WITNESSETH,That the said parties of the first part,for and in consideration of the sum of i i•
Love and affection DOLLARS I,
to the said partiesof the first part in hand paid by the said parties of the second part,the receipt _
whereof is hereby confessed and acknowledged,have remised,released,sold,conveyed and quit
claimed,and by these presents do remise,release,sell,convey and quit claim unto the said
parties of the second part,their heirs and assigns forever,not in tenancy in common but in joint
• tenancy, all the right, title, interest and demand which the said parties of the first part
ha ve in and to the following described lot or parcel of land situate, lying and I
being in the County of and State of Colorado,to wit:• The Northwest Quarter (NW 1/4) of
Section 8, Township 1 N, Range 61
West of the 6th P.H., together
with all wells, pumps and other
improvements.
iI
•
also known as street and number
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and -.
or in anywise thereunto appertaining,and all the estate,right, I.
thereunto belonging Yw
privileges
title,interest,and claim whatsoever of the said part tes of the first part,either in law or equity, - .�
unto the said parties of the second part, their heirs and assigns forever, not in tenancy in
• common but in joint tenancy.
IN WITNESS WHEREOF,The said part iesof the first part have hereunto set their
hand s and seals the day and year first above written.
4n /'
Signed,Sealed and Delivered in the presence of C 1.-ne-+L'C- c7474.11-r'' [SEAL]
Arnold O. Rip., e .
4)Zcl fd. 71._a's•- [SEAL]
Nelda V. Rippe .
[SEAL]
STATE OF COLORADO, l
r St
Citl and County of imarsn J
Arapahoe •
_ The foregoing instrument was acknowledged before me this 6th day of September,
19 85 ,by Arnold O. Rippe and Nelda v. Rippe. I. .
My commission expires C ,
.�, WITNESS myt;hdt: ? --,iei�f%sal. R.e��d�. X. t'(fitbaS
w C'C .1 I u c Notary Public.
': l•— T �' L A¢y+soj4 C3 uonslwwo� AW Ali.
4"
,' �11fFF�` o`- 6861 9c108 opo°P0 6mseil5
O q",z xo8 p'd � I ,
yo. � 9es
ti�.t...•6-- Dgynd AMIDN
' No.962. QUITCLAIM DPP 0—To hi.,T..nu. Bradford Nhl,6ry.MD W.fah Aye..Lakewood.CU 110214—UOll LLoV00—61 I '','
IVIIII14 IIlIIIf ..dillIINII11l11N11111NI1111
CO
11 of 2 R 11.00 16.20,2004 10 Mor:31P WOO eno Clerk a Recorder
O%
WARRANTY DEED
THIS DEED,made this 27th day of April,2004,between
Arnold O.Rippe and Nelda V.Rippe
of County of Weld,State of Colorado,grantor,and
_- David S.Rippe
0-Off >r r.e- aJ1.90
whose legal address isle*.Weld County Road 87,Roggen,Colorado 80652,grantee:
WITNESSETH,That the grantor for and in consideration of the sum of One Hundred Fifty-One Thousand and 00/(00
(SI51,000.00),the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by
these presents does grant,bargain,sell,convey and confirm,unto the grantee, his heirs and assigns forever,all the real property
together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado described as follows:
The Northwest Quarter(NW 1/4)of Section 8,Township I North,Range 61 West of the 6th P.M.,together with all wells,
Q O R. U K pumps andimprovements,County of Weld,State of Colorado.
IMP
as known by street faR and number as: Weld County Road 87,Roggen,Colorado 80652
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining,and
the reversion and reversions,remainder and remainders,rents,issues and profits thereof, and all the estate,right,title,interest,
claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto the grantee,
his heirs and assigns forever. And the grantor,for himself,his heirs,and personal representatives,does covenant,grant,bargain.
and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents, he is well
seized of the premises above conveyed,has good,sure,perfect, absolute and indefeasible estate of inheritance,in law,in fee
simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as
aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever,except
General taxes for the current year and subsequent years and subject to easements,restrictions,reservations,covenants
and rights of way of record,if any.
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part
thereof.The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
a Ora.oar-
Arnold 0.Rippe
'Y)at ✓. Q..�ae,
Nelda V.Rippe
STATE OF COLORADO
County of Adams
The foregoing instrument was acknowledged before me this 27th day of April,2004 by Arnold O.Rippe and Nelda V.
Rippe.
My Commission expires: a. Feb 9005 \\1,111,1
\\\ pq 1�� �
+,P,E y '.�, asa,
Notary Public
( 10744 -A�y
[SEAL] tn>, '
P .
E02604 wD.LSs
11111111111111111111111111S1111111111111111
IIIII IIII wwwwNI 11th 1111 luill 111 11111 till lHl
3176087 0412912004 02:3111 Weld County, CO
2 of 2 R 11.00 D 15.10 Steve Moreno perk 8 Recorder
EXHIBIT A- RESERVATIONS
Grantors reserve unto themselves individually,for their lifetimes,the following right of first
offer:
1. If Grantee intends to transfer all or any part of his interest in the Property to
anyone other than the Grantee's spouse or children, Grantee shall promptly notify
Grantors of his intentions. The notice shall state the price and all other pertinent
terms and conditions of the intended transfer,which shall be for a monetary
consideration only. Grantors shall have thirty(30) days from the date such notice
is delivered to notify Grantee whether they elect to acquire the offered interest at
the same price and on the same terms and conditions as set forth in the notice. If
Grantors do so elect,the transfer shall be consummated promptly after notice of
such election is delivered to the Grantee.
2. If Grantors fail to so elect within the period provided for in paragraph 1,Grantee
shall have one hundred eighty(180)days following the expiration of such period
to consummate the transfer to a third party at a price and on terms no less
favorable to Grantee than those set forth in the notice required in paragraph I
above. If Grantee consummates the transfer to a third party,Grantee will
promptly notify Grantors in writing of the transfer and will provide AHI with
documentation of the terms of the transfer.
3. If Grantee fails to consummate the transfer to a third party within the period set
forth in paragraph 2,or, if Grantee modifies the price or the terms and conditions
of the proposed transfer,Grantors right of first offer shall be deemed to be
revived. Any subsequent proposal to transfer such interest shall be conducted in
accordance with all of the procedures set forth above in paragraphs 1, 2 and 3
above.
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