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RESOLUTION
RE: APPROVAL OF CASH RENTAL LEASE BETWEEN WELD COUNTY AND HAROLD
BOHN AND GENE WAGNER CONCERNING RENTAL OF A PORTION OF THE
KOENIG FARM AND AUTHORIZATION FOR CHAIRMAN TO SIGN SAID LEASE
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, Harold Bohn and Gene Wagner submitted the success-
ful bid for the leasing of a portion of the Koenig Farm, which
property is more particularly described in Exhibit "A" and shown
on map labeled Exhibit "B" , attached hereto and incorporated
herein by reference, and
WHEREAS, the rent to be paid to Weld County shall be the
sum of $1 , 601 . 00, the terms and conditions of said rental are
more fully described in the lease, a copy of which is attached
hereto and incorporated herein by reference, and
WHEREAS, the Board, after review, deems it advisable to
approve said cash rental lease.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the cash rental agree-
ment between Weld County and Harold Bohn and Gene Wagner con-
cerning the leasing of the property described in Exhibit "A" be,
and hereby is, approved.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
March, A.D. , 1983 .
ATTEST: 'Flc,� ct t wnw s•1 BOARD OF COUNTY COMMISSIONERS
(! WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the C ck Carlson, Chairman
By: \ / �. T4.4
- eputy Coun Clerk J n T. Mart2PE
A ROVED AS TO FORM: Excused
Gene R. Brantner
County Attorney Norman Carl
Ja aue ne J _on
DAY FILE: March 21 , 1983
to 3 cc• r L-1).- - 4 ur, J _ 831046
CASH RENTAL LEASE
THIS LEASE is effective the 16th day of March, 1983, by and between WELD
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, BY THE BOARD OF
COUNTY COMMISSSION RS FOIjiITS RESPECTIVE INTERESTS, hereinafter called Lessor,
4Ara/64X/
and CC('e `u,04, yam✓ , hereinafter called Lessee.
WITNESSETH:
The Lessor hereby leases to the Lessee to occupy and use for agricultural
and related purposes the property described in Exhibit "A" and shown on map
labeled Exhibit "B", attached hereto and incorporated herein by reference.
1. TERM - The term of this lease shall be from March 16, 1983 to
March 16, 1984, 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. REVIEW OF LEASE - A request for a review of any portion of
this Lease or any of the terms and conditions thereof,
must be made and agreed to by and between the parties no
later than the 1st day of September in the year prior to
the termination of this Lease or any renewal thereof. 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 Lessor, shall be the
sum of cash rental of �rp 0/, � , payable upon execution of this
Lease. 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
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; (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 whomsoever.
5. GENERAL MAINTENANCE - The Lessee will operate the property during
his tenancy in a manner commensurate with good farming and ranching practices
in Weld County. Upon the termination of this Lease, the Lessee shall return
the property in the same condition as said property was received by the
Lessee, normal wear and depreciation excepted, and further all damage from
causes beyond the Lessee's control excepted. The Lessee shall perform general
maintenance and repairs as needed on all fences "a gs, i nk
Aft
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 use; (c) allow livestock other than his own on
stalkfields or stubblefields; and (d) burn or remove
n, n
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. 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. 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. 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 /Ic day of 711--11jLC4 , 1983.
ATTEST: �1I,, "Y BOARD OF COUNTY COMMISSIONERS
y�Q ",',,,"" tY� �"R � WELD COUNTY, COLORADO Lessor)
Weld County Cldtk and Recorder
and Clerk to the Board ^ BY:
Ch ck Carlson, airman
Y
ty County Clerk
ACCEPTED: �
APP AS TO FO /S�
County Attorney O •
Lessee�� �`
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before� me this /I / day of
�
)//k
, 1983, by j�c/J ' t %Li-a- 'I✓ ¢ ,,t4+c. G-q�ce/d •
My Commission expires: ///4/,(.i �/
Not ry Public
I
P4N
EXHIBIT "A"
A tract of land situated in the South Half of the Southeast Quarter (SASE') of
Section Thirteen (13) , Township Two (2) North, Range Sixty-seven (67) West of
the Sixth Principal Meridian and being more particularly described as follows:
Beginning at the Southeast Corner (SE Cor) of Section Thirteen (13) and
considering the South line of said Section to bear South 90°00'00" West and
with all other bearings contained herein being relative thereto; Thence South
•
90°00'00" West, a distance of 1050.0 feet; Thence North 00°00'48" West, a
distance of 1,302.57 feet; Thence South 89°51'58" East, a distance of 1,050.0
feet to the Northeast Corner (NE Cor) of the South Half of the Southeast
Quarter (Sli SE's) of Section Thirteen (13); Thence South 00°00'48" East, a
distance of 1,305.03 feet to the True Point of Beginning.
The said tract of land contains 31.4 acres, more or less.
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