HomeMy WebLinkAbout800700.tiff RESOLUTION
RE: AUTHORIZATION TO EXECUTE LEASE WITH OPTION TO PURCHASE
HOKSTRA PIT AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE
SAME.
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 with option to purchase between Weld
County and Robert Siegrist has been presented to the Board of
County Commissioners for approval, and
WHEREAS, said lease concerns the following described pro-
perty:
The West Half of the Northeast Quarter,
Section 2 , Township 2 North, Range 68
West of the 6th P .M. , County of Weld,
State of Colorado and that part of the
Southwest Quarter of the Southeast Quar-
ter of Section 35, Township 3 North,
Range 68 West, County of Weld, State
of Colorado, lying South of the center
of the main channel of the St. Vrain
River, said parcel containing 92 . 17
acres, more or less, together with one
share of the capital stock of the Rural
Ditch Company with attendant water rights.
and gives Weld County the right to engage in agricultural opera-
tions on said property and further gives Weld County the right
to make excavations , openings, stockpiles, reject material dumps,
and conduct all necessary activities for the excavation and
removal of sand, gravel, rock, and overburden, and
WHEREAS, the term of said lease is from November 17 , 1980
to and until November 17 , 1985, and
WHEREAS, the Board of County Commissioners has studied said
lease and deems it advisable to approve the same and further to
authorize the Chairman to sign said lease.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the lease with option
to purchase between Weld County and Robert Siegrist be, and
hereby is, approved.
800700
BE IT FURTHER RESOLVED by the Board of County Commissioners
that the Chairman of the Board be, and hereby is, authorized to
sign said lease.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 17th day of
November, A.D. , 1980.
BOARD OF COUNTY COMMISSIONERS
ATTEST: �° F₹en. G -UN,A,,, ‘, WELD COUNTY, COLORADO
Weld County C erk and Recorder / L ; (;�
and Clerk to the Board C. W. Kirby, Chaairman
BY /lr c 4t( i( ,
�� ABSENT
Deputy County Clerk Leonard Pro-Tem
APPROVED ASS TO FORM;.
� Norman Carlson
tY( 1/
County Attorney
Ly Dunbar
J e K. Steinmark
DATE PRESENTED: NOVEMBER 17 , 1980
LEASE
WITH OPTION TO PURCHASE
THIS AGREEMENT entered into this 17th day of November, 1980
by and between CONSTRUCTION LEASING INVESTMENT CO. , hereinafter
called "Owner, " and the BOARD OF COUNTY COMMISSIONERS, WELD COUNTY,
COLORADO, hereinafter called "Lessee. "
FOR AND IN CONSIDERATION of the mutual covenants and con-
ditions hereinafter set forth, the parties do hereafter mutually
agree as follows :
1 . Term of Agreement.
This Agreement shall remain in full force and effect
from November 17 , 1980 to and until November 17 , 1985 .
2. Rights Granted - Property Description.
In consideration of the payment of sums hereinafter
set forth, and subject to the terms and conditions
contained in this Agreement, the Owner hereby leases
to Lessee the following described property situated
in Weld County, Colorado:
The West Half of the Northeast Quarter,
Section 2, Township 2 North, Range 68
West of the 6th P.M. , County of Weld,
State of Colorado and that part of the
Southwest Quarter of the Southeast Quar-
ter of Section 35, Township 3 North,
Range 68 West, County of Weld, State
of Colorado, lying South of the center
of the main channel of the St. Vrain
River, said parcel containing 92.17
acres, more or less, together with one
share of the capital stock of the Rural
Ditch Company with attendant water rights.
Lessee shall have the right to engage in any lawful
use of the subject property.
3 . Title.
This Agreement is expressly contingent upon the Owner
exercising his option to purchase the described pro-
perty and the Owner ' s ability to transfer marketable
title to the Lessee at the conclusion of this Lease
should the Lessee desire to exercise its option to
purchase the described property pursuant to Paragraph
12 hereof. In pursuance thereof, Owner shall escrow
on or before the date on which this agreement is
entered into a warranty deed in favor of Lessee to
be available to Lessee upon the exercise of its
option to purchase pursuant to Paragraph 13 hereof.
4 . Equipment and Operations.
Lessee agrees to work the above described lands in a
good and workmanlike manner.
5 . Lease Payments.
Lessee agrees to pay the Owner lease payments pursuant
to the following schedule:
(a) At the time this agreement is signed, $76 , 800 . 00 .
(b) On or before November 15, 1981, $56 , 994 . 70.
(c) On or before November 15 , 1982 , $52 , 923 . 62.
(d) On or before November 15 , 1983 , $48 , 852. 60 .
(e) On or before November 15 , 1984 , $43 , 781. 55.
Lessee shall have the right to remove, within one (1)
year of the expiration or termination of this lease
(should the Lessee fail to exercise its option pursuant
to Paragraph 12 hereof) , any material located on the
premises.
6 . Taxes .
Lessee agrees to pay all taxes lawfully assessed
against all machinery, tools, equipment, supplies ,
improvements, and all other property placed by Lessee
on the above described lands. The Owner shall pay
all taxes lawfully assessed against the above
described real property during the term of this lease,
however, the Lessee agrees to reimburse the Owner for
said taxes upon being presented with a statement
requesting said payment.
7 . Insurance and Other Obligations of Lessee.
Lessee agrees to indemnify, save and keep Owner harm-
less from all claims and demands of whatsoever kind
and character resulting from any act, operation or
negligence of Lessee on the above described lands
- 2 -
or in connection therewith, and to carry liability
insurance for such purpose. Lessee agrees, at all
times during the life of this lease, to comply with
all applicable provision of the State Workman' s
Compensation Act, to maintain adequate Workman' s
Compensation and public liability insurance for the
protection of Owner, and provide certificates of
insurance upon demand by Owner. The parties hereto
agree that the Weld County Self-Insurance Program,
presently inforce, shall be adequate for the pur-
poses of this Agreement.
8 . Lessee ' s Right to Pay Liens.
If any indebtedness , including taxes of Owner, which
may become a lien against the described lands during
the term of this Agreement should not be paid when
due, then Lessee, at his option, may pay the same
in order to protect its rights thereunder and for
all payments so made, Lessee shall be entitled to
deduct such amounts from payments next becoming
due to Owner.
9 . Owner ' s Right of Termination.
Upon failure of Lessee to perform any of the covenants,
agreements, or conditions herein contained to be per-
formed by Lessee, the Owner may give notice thereof
to Lessee as hereinafter provided, specifically
stating therein the exact breach alleged by the Owner.
Lessee shall then have sixty (60) days from the time
of the giving of such notice to rectify such breach
and if Lessee shall fail within said sixty (60) day
period to fully rectify such breach specified in said
notice, then Owner shall have the right to immediately
cancel and terminate this entire Agreement.
Any cancellation or termination of this Agree-
ment by Owner shall be made by giving Lessee written
notice thereof as hereinafter provided.
- 3 -
10. Lessee ' s Right to Sublet Surface.
The Lessee shall have the right to sublet the surface
of the above described property for farming or other
beneficial uses and shall have the right to assign
the water rights set forth above during the term of
this lease , all without the permission of the Owner.
11. Inspection.
The Owner shall have the right, at all reasonable
times, to enter upon Lessee ' s operation and inspect
the same.
12 . Option to Purchase.
As further consideration for this Agreement, the
Owner hereby grants to Lessee the option to purchase
the above described property together with one share
of the capital stock of the Rural Ditch Company with
attendant water rights at the conclusion of this
lease, provided all lease payments have been made
pursuant to Paragraph 5 hereof. The Lessee may exer-
cise the option to purchase said lands and rights at
any time after November 17 , 1985 but before December
31 , 1985 , by tendering to the owner the sum of $1, 100. 00,
whereupon the warranty deed conveying the entire tract
with water rights as described in Paragraph 2 hereof
free and clear of any encumbrances, shall be released
to the Lessee for recording. Notwithstanding any other
provision of this Agreement to the contrary, the Owner
may reserve unto himself, a right-of-way across the
East sixty (60) feet of the subject property for access
to the Owner ' s property located directly North and
East of the subject property.
13 . Access to Owner ' s Parcel.
Owner hereby reserves unto himself across the East
sixty (60) feet of the subject property the right
to construct and use a road to provide access to the
Owner ' s property lying immediately North of the
St. Vrain Riven.
- 4 -
14 . Right of the Owner to Stockpile on Subject Property.
The Owner reserves unto himself during the terih of
this Agreement the right to stockpile sand, gravel,
rock and overburden on the above described property
until adequate access by bridge or otherwise can be
obtained by the Owner to his property located directly
North and East of the subject property, provided how-
ever, that Lessee shall designate the reasonable
location where the Owner may stockpile.
15 . Lessee ' s Right of Termination.
Lessee shall have the right to terminate this Agreement
on the anniversary date hereof provided that notice of
its intent to so terminate is given to owner at least
sixty (60) days prior to said anniversary date.
16 . Notices.
Any notice of default or of termination of this Agree-
ment and all other notices and demands in writing re-
quired, or that may be given hereunder, if to Owner,
shall be forwarded by Certified Mail addressed to
Construction Leasing Investment Co. , 7000 York,
Denver, Colorado 80229 , and if for Lessee, shall be for-
warded by Certified Mail addressed to Board of County
Commissioners , County of Weld, 915 10th Street, Greeley,
Colorado 80631.
IN WITNESS WHEREOF, the parties hereto have duly executed
this indenture the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder By: < <I/
--andClerk to the Boa C. W. Kirby/ Chairman
LBy: }} ;_ ,,(C A ot-- CONSTRUCTION LEASING INVEST NT CO.
Deputy County erk / J By:
Ro ert L Sieg , st, Managing
Partner
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TERMINATION OF GRAVEL LEASE
WITH OPTION TO PURCHASE
�17
THIS AGREEMENT made and entered into this I -1 ` day of November,
1980, by and between Harold F. Baumgartner, hereinafter referred to
as "First Party" , and Board of County Commissioners , Weld County,
Colorado, hereinafter referred to as "Second Party" ,
W I T N E S S E T H :
WHEREAS, the parties hereto have entered into a Lease with
option to purchase certain real estate described therein, dated
December 29, 1978 , as amended, a copy of said Lease and amendments
being attached hereto and incorporated herein by reference, and
WHEREAS , the parties hereto desire to terminate the said Lease
and thereby extinguish and discharge all rights and obligations con-
tained therein, and
WHEREAS , the parties hereto desire to set such agreement to
writing,
NOW THEREFORE, in consideration of the mutual covenants and
agreements, the parties hereto mutually agree that effective the
day and year first written above, the Lease dated the 29th day
of December, 1978 , as amended, including the option to purchase
therein, attached hereto as Exhibit "A" , is hereby terminated and
all rights and obligations of the parties thereto, each to the
other, are hereby released and forever discharged.
DATED the day and year first written above.
AROLD . BAUMGA NER
BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO
By i4
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