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HomeMy WebLinkAbout20011142.tiff RESOLUTION RE: APPROVE CONSENT TO AND ACCEPTANCE OF ASSIGNMENT OF FARM LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -SHIPPS FARMS, L.P. 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 has been presented with an Assignment of a Farm Lease Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Shipps Farms, L.P., with further terms and conditions being as stated in said assignment, and WHEREAS, after review, the Board deems it advisable to consent to and accept said assignment of said farm lease agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Assignment of a Farm Lease Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Shipps Farms, L.P., be, and hereby is, consented to and accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said assignment of farm lease agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of April, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD C NTY, COLORADO ATTEST: LL '1 � !' M. J Geile, air Weld County Clerk to th yr:o. -�,�'; �� ■ 1861 I ��,Q,:' Glenn Vaad,� - m BY: Deputy Clerk to the Bly�EJ Willi�mH. Jerke APP M: ! cwt David E. Long j} tuor ey Robert bert D. Masden 2001-1142 PC .' 64105 PR0022 CONSENT TO AND ACCEPTANCE OF ASSIGNMENT OF FARM LEASE AGREEMENT THIS CONSENT TO AND ACCEPTANCE OF ASSIGNMENT OF FARM LEASE AGREEMENT is executed this ia 4 day of Acyc,Q , 2001, by and between the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of Weld County, Colorado, whose address is P.O. Box 758, 915 10th Street, Greeley, CO 80632, hereinafter referred to as "County," and Shipps Farms L.P., a limited partnership in the State of Colorado, whose address is 17164 WCR 100,Nunn, CO 80648, hereinafter referred to as "Shipps Farms." WITNESSETH: WHEREAS, on April 18, 1979, County and Mr. Lynn Shipps entered into a Farm Lease Agreement, a copy of which is attached hereto, wherein County leased to Mr. Shipps the right to occupy and use for agricultural and related purposes property located in the County of Weld, State of Colorado, described as follows: The Southeast Quarter (SE''A) of Section One (1), Township Eight (8)North, Range Sixty-six(66) West of the Sixth Principal Meridian, Weld County, Colorado, and WHEREAS, in return for said lease, Mr. Shipps agreed to pay to County the rental specified therein on or before January 10th of each year, which payment has been received each year since 1979, and WHEREAS, Mr. Shipps transferred his operations and holdings to Shipps Farms in July, 1999, but did not formally assign his rights in the attached lease to Shipps Farms before his death in June, 2000, and WHEREAS, with the understanding that it was the intent of Mr. Shipps to assign his rights in the attached Farm Lease Agreement to Shipps Farms, the parties hereto wish to acknowledge such intent by executing this consent to and acceptance of such assignment. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree as follows: 1. Shipps Farms accepts the assignment of the rights and responsibilities of Mr. Shipps et forth in the attached Farm Lease Agreement. Shipps Farms promises to comply with all such responsibilities detailed therein. 2. County consents to such assignment and the acceptance of the responsibilities set forth in the attached Farm Lease Agreement by Shipps Farms. Page 1 of 2 Pages 2001-1142 WHEREFOR, the parties hereto have signed this document the date and year set forth above. Al JEST: /LW //,,• ILA COUNTY OF WELD, apolitical 1' subdivision of Weld County Clerk to + 1' .az.,e�r�.,( ; the STATE OF CO ORADO: BY: //!� i BY: Deputy Clerk to the :� , M. J. eile, Chairman (041/3o/zoo) Board of County Commissioners of the County of Weld SHIPPS FARMS: BY Title: �1rc1. c_ enrvensskab ra.sM Page 2 of 2 Pages Hello