HomeMy WebLinkAbout810659.tiff RESOLUTION
RE : APPROVAL OF FARM LEASE AGREEMENT WITH LEE GOULD,
W'NE4 SECTION 2, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE
6TH P.M. , WELD COUNTY, COLORADO.
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 County of Weld, a Political Subdivision of
the State of Colorado, by the Board of County Commissioners
for its respective interests, did enter into a farm lease
agreement with Lee Gould concerning the leasing of property
described as the W4NE4 Section 2, Township 2 North, Range 68
West of 6th P.M. , Weld County, Colorado, all as set out in the
lease agreement, a copy of which is attached and made a part
hereof, and which is dated the 27th day of July, A.D. , 1981,
and
WHEREAS, said farm lease agreement has never been adopted
by the Board of County Commissioners of Weld County, Colorado,
and
WHEREAS, the Board of County Commissioners believes it
to be in the best interests of Weld County to adopt said lease
agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that said lease
agreement made and entered into on July 27, 1981, by and
between The County of Weld and Lee Gould as Lessee be, and
hereby is, accepted.
The above and foreoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 27th
day of July, A.D. , 1981.
ATTEST: 114 c (y �`! ”l w, , BOARD OF COUNTY COMMISSIONERS
/� WEL COUNTY, CO ORADO
Weld County 'Clerk and Recorder /
a erk to the Bo d ✓ L � _ (Aye)
o Carlso , Chairman
B 1 � /ZC. (Aye)
Deputy Co ty Clerk / Norman arlson, Pro-Tem
\� � L (A e)
R D AS TO FORM: C W K ' by
(A e)
n T. M i
County Attorney A e)
ne K. Steinmark
810659
CASH RENTAL LEASE
THIS LEASE is effective the );)116.- day of
1981 , by and between WELD COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF COLORADO, BY THE BOARD OF COUNTY COMMISSIONERS FOR ITS
RESPECTIVE INTERESTS, hereinafter called "Lessor" , and LEE GOULD,
hereinafter called "Lessee" ,
WITNESSETH:
The Lessor hereby leases to the Lessee to occupy and use
for agricultural and related purposes the property described
as all of the West 1/2 of the Northeast 1/4 of Section 2, Town-
ship 2 North, Range 68 West of the 6th P .M. , Weld County, Colo-
rado, lying South of the Last Chance Ditch.
1. TERM - The term of this Lease shall be from January 1,
1981 to January 1 , 1982 , and shall then end 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. AMENDMENTS - 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 TWO THOUSAND FIVE HUNDRED
DOLLARS ($2 , 500. 00) per year , payable in two installments of
ONE THOUSAND TWO HUNDRED FIFTY DOLALRS ($1 , 250 . 00) each. The
first installment shall be due and payable February 1 , 1981 and
the second installment shall be due and payable on June 15 , 1981 .
There must be no deduction made from the rent for any reason unless
prior written approval 1. Ls ,_ . e.. hy ive1., 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 interefere 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 pos-
session against any and all persons whomsoever.
5 . GENERAL MAINTENANCE - The Lessee will operate the pro-
perty during his tenancy in a manner commensurate with good farm-
ing 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 a general routine maintenance and repairs as needed on
all fences and buildings, including any houses present on the
property. 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 live-
stock or is caused by any negligent act of the Lessee.
-2-
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
Uses , (c) allow livestock other than his own on stalkfields
or stubblefields, and (d) burn or remove cornstalks , corn-
cobs , 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 require-
ments of power and insurance companies . However , Lessee shall
have the right to use any of the farm buildings on the property
not removed or destroyed by Lessor .
8 . WATER - Lessor agrees that Lessee shall have all water
for domestic and/or irrigation which Lessor owns with said pro-
perty. 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 thiscV1 4 day of ` /�
1981.
WELD COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF COLORADO,
BY THE BOARD OF COUNTY COMMISSIONERS
FOR ITS RESPECTIVE INTERESTS
(LES° R)
! L:)q -
hu k Carlson,, Chairman
Norman Car Son
C. W. Ki by
T. Martin
i
ATTEST: " 1 `' -I- - ne tei ark
Weld County Clerk and Recorder
and Clerk /to the Board
i
lepu y County Clerk
APP ED AS TO RM:
County Attorney
ACCEPTED:
set
Lessee
State of Colorado )
ss.
County of Weld )
foregoing instrument was acknowledged before me this
Ts
day of , 1981 by
My commissione e Aires :
74-,V12-------
( o. ary Public 7
t
I
- . ..
LEE G. COULD, JR
,
12148 WELD COU TOY ROADO L73 D776-3685
26s 5535
LOlJGM1tONT, COLORADO 80501 ..... .... ..
Pay t the 82-244 "
order O of 7O7 r -- .--- -
FORT bUPTON STATE 88NHT .;.
Dollars -. -
orr.1 pro,,.G.l rudo noes/f:---0.... .. ._ .
...:_: For -- -
1: 1070 24481; -
403,r377n' 5535
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