HomeMy WebLinkAbout820804.tiff 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
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 successful bid
for the leasing of a portion of the Koenig Farm, which property is
more particularly described as follows:
A tract of land situated in the South Half of
the Southeast Quarter of Section Thirteen,
Township 2 North, Range 67 West of the 6th
,P.M.
The tract of land contains 61. 39 acres, more
or less.
WHEREAS, the rent to be paid to the County shall be the
sum of $1, 600. 00, the terms and conditions of said rental are
morefully described in the attached lease, incorporated herein
by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners that the cash rental agreement between Weld County and
Harold Bohn and Gene Wagner concerning the leasing of the above
described property be, and hereby is, approved.
The above and foregoing resolution was on motion duly made and
seconded, adopted by the following vote on the 10th day of February,
A.D. , 1982.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ABSENT DATE SIGNED (AYE)
John T. Martin, Chairman
w,,. (AYE)
ATTEST: it `„,,v ti re` Ch Carlson, ro Tem
County Clerk and Recorder
an Cherk to the Board der40--- (AYE)
j_ Norman Carlson
Deputy County C1 rk
cif / i� (AYE)
C. W. Kirby"
APPRO D AS TO FORM:
L
ynatie (AYE)
County Attorney a K. Steinmark
820804
DATE PRESENTED: February 17, 1982
,.
taN n
CASH RENTAL LEASE
THIS LEASE is effective the 15 day of February , 1982,
by and between WELD COUNTY, A POLITICAL SUBDIVISION OF THE STATE
OF COLORADO, BY THE BOARD OF COUNTY COMMISSIONERS FOR IT.S RESEPCTIVE
INTERESTS, hereinafter called Lessor, and
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", attached hereto and incorporated herein by reference.
1. TERM - The term of this lease shall be from February 15,
1982, to February 15, 1983, and shall then terminate by its own terms.
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 assign-
ment 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 amend-
ments 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 /f a v a
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 posses-
sion against any and all persons whomsoever.
S. GENERAL MAINTENANCE - The Lessee will operate the pro-
perty 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 and build-
ings, including any houses present on the property. The Lessor
shall perform all major repairs, as heeded, and further agrees
that said Lessor will make all repairs to all wells upon the pre-
mises leased. Whenever any fences need to be repaired, the mater-
ials 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, plow-
ing, seeding, cultivating and harvesting in a manner that will
conserve the Lessor' s property.
-2-
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 ex-
cepted; (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 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 andgrass 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 pro-
perty 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. I
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 /IT1 day of Gt / , 194k
T t R cc `!�✓ w� I '�`ATTEST: � BOARD OF COUNTY COMMISSIONERS
WELD -C TY, COLO DO (Lessor)
Weld County Clerk and Recorder
and Clerk to the Board. By:
f C ck Carls , Chairman Protem
By:
rye•uty Count'W—erk
ACCEPTED: A�
APP•e • ' . AS TO FORM: (�C . / L \_ "G'pS- .2 J'5%' '_
i' '� - X` L.^ C.[�GZ.G 1 r a •r 7 - Z 8Jy
ounty Attorney Lessee (�
a,,..ck n O
G aAA7 WC- R S O
?10, ,. , o(o51
-3- 9 9 9 (A)a.R eo PP..-3
t-• Qo oCo cal)
State of Colorado )
) ss.
County of Weld )
The foregoing ' trument was acknowledged before me this
L' day of , 19814 by
My Commission expires: 4- ), ;7- 0
ary Public 9
Y
a
EXHIBIT "A"
A tract of land situated in the South Half of the Southeast Quarter
(S1 SE;) 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 (SE Cor) of said Section Thirteen cI3)
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
1,953.93 feet; Thence North 07°58 ' 00" West, a distance of 1, 322. 79
feet; Thence South 89°51 ' 58" East, a distance of 2 ,136. 90 feet to
the Northeast Corner (NE Cor) of the South Half of the Southeast
Quarter (S1 SE') of Section Thirteeen (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 61. 39 acres, more or less.
a
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