HomeMy WebLinkAbout810660.tiff RESOLUTION
RE : APPROVAL OF FARM LEASE AGREEMENT WITH LEE GOULD,
WhNE4 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, has considered a farm lease
agreement with Lee Gould concerning the leasing of property
described as the WzNE4 Section 2 , Township 2 North, Range 68
West of the 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 2nd day of November, 1981,
and
WHEREAS , the term of said lease is from January 1, 1982 ,
to January 1, 1983, and
WHEREAS, the Board of County Commissioners has studied
said lease and deems it advisable to approve the same ,
and
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that said lease
between Weld County and Lee Gould be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 2nd
day of November, A.D. , 1981.
BO".: OF COUNT OMM SSIONERS
W D • NTY, 0
ATTEST:
L .., J.rY� 6� et
. � C Carlson, ha ' rman
(Ale)
Weld'CertyYglerk_and Recorder Norman Carlson, Pro-Tem
and Cl
to t B ard a � Z L (Aye)
C. k3:, Kirby
BY:
l T. -Mar ima 1� '.� �'_ t (Aye)
APP1OaVUeputED AS TOou,&y Clerk 7to
�ir� r n Y Y (( r//
K. / n (Aye)
St inmark
County Attorney
DATE PRESENTED : NOVEMBER 4 , 1981
{7 q
x110560
CASH RENTAL LEASE
THIS LEASE is effective the 1st day of January, 1982, 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 LEF GOULD, 12148 WELD COUNTY ROAD 13, LONGMONT, COLORADO 80501, 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, Township 2 North, Range 68 West of the 6th
P.M. , Weld County, Colorado, lying South of the Last Chance Ditch.
1. TERM - The term of this Lease shall be from January 1, 1982 to
January 1, 1983, 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 continously during the
term of the Tea^c, 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. ANIDMENTS - All amendments and alterations to this Lease
shall he in writing and signed by both parties to this Lease.
2. RENT - The rent to he reserved by, and paid to the 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 DOLLARS
($1,250.00) each. The first installment shall be due and payable February 1, 1982
and the second installment shall be due and payable on June 15, 1982. There must
he 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
agent, its employees, or its assigns to enter the property at any reasonable tine
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
the Lessee in carrying out regular farm and ranch operations.
4. RIGHT 1U 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 whomever.
5. GENERAL MAINTENANCE The Lessee will operate the property during
his tendency in a manner commensurate with good farming and ranching practices in
Weld County. Upon termination of this lea^r, the Lessee shall return property in the
same condition as said property was received by the Lessee, normal wear and
depreciation expected, 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 he furnished by the TPssee. 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 TPssee 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,
corncobs, straw or other crop residues grown on the property.
C. The Lescee 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 IMPROVfl4flnTS - The Lessee will not, without written consent of the
Lessor, (a) erect or permit to be erected on the property any removable 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 requirerrents 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 property. Lessee shall pay all water
assessments.
9. TERMINATION -- Either party may terminat this Lease by providing thirty
(30) days prior written notice to the other party before the end of each annual term
or extension thereof.
10. The obligations, benefits, terms and conditions of this Lease shall
inure to and be binding upon the heris, and personal representatives of the Lessee.
IN WITNESS WHEREOF, the said parties have hereunto subscribed their names
and signed the same this '77 ./__ day of t, :,„ 6i , 1981.
WELD COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF COLORADO,
BY THE BOARD OF COUNTY COMMISSIONERS
FOR ITS RESPECTIVE INTERESTS
(LESSOR)
7:-: ; .,...- : ___,
Chuck Carlson,- Chairman
)74.4-11/4--->1--)..4--- (/4.--.0-es-er--------
Norman Carlson --
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C. i -"Zy y - L/
John T. Martin
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ATTEST: )^
,\; e K. Ste' rk
Weld County Cl and Recorder
�..
and Clerk to the Board
BY:i! f
eput/County Clerk
APPR D AS TO FORM:
'..--- :;)--- e--/e:lr--.)
County Attorney
ACCEPTED:
. 7� ' ' /,
Lessee , ,
State of Colorado )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of
__-- _., 1981 by ,—_ _ ._--
My Commissioner expires: Notary Public
d DEPARTMENT OF ENGINEERING
r
PHONE(303)356-4000 EXT.750
BOX P.O. BOX 758
GREELEY,COLORADO 80632
WIDE .
COLORADO
October 13, 1981
Lee Gould, Jr.
12148 Weld County Road 13
Longmont, Colorado 80501
Dear Mr. Gould:
At your request we have taken action to renew the lease on the farm near
our Hokestra Gravel Pit. I have dicussed this with the Board of Commissioners
and they would like to see it automatically renew from year to year for a
maximum of three years and they seem to be agreeable to $2,500.00 per year.
We have made it so it can be terminated by thirty (30) days notice by either
party, otherwise the lease is virtually the same.
If you agree to the lease, please sign it and return it to our office as
soon as possible so that we can take it before the Board for approval .
If you have any questions, please contact me.
Sincerely,
W yne S. Smyth
Director of Engineering
WSS:sd
CC: vClerk to the Board
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