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Home My WebLink About880967.tiff my O RESOLUTION co 0 0 u RE: APPROVE LEASE AGREEMENT WITH JOHN G. AND GRETCHEN E. EWING AND AUTHORIZE CHAIRMAN TO SIGN Ca a o0 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home o w Rule Charter, is vested with the authority of administering the a affairs of Weld County, Colorado, and 0 W WHEREAS, the Board has been presented with a Lease Agreement o a with John G. and Gretchen E. Ewing concerning property being ri .. 11 located in part of the NW4 SW4 , Section 32 , Township 5 North, X Range 65 West of the 6th P.M. , Weld County, Colorado, and a m a WHEREAS, after review, the Board deems it advisable to -.. 0 approve said Lease Agreement, with the terms and conditions being N 0 as stated in said Agreement, a copy of which is attached hereto HI w and incorporated herein by reference. ID H Ha NOW, THEREFORE, BE IT RESOLVED by the Board of County rn a Commissioners of Weld County, Colorado, that the Lease Agreement cv M w with John G. and Gretchen E. Ewing be, and hereby is , approved. co ri z BE IT FURTHER RESOLVED by the Board that the Chairman be, and N4 hereby is, authorized to sign said Lease Agreement. oi a The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of N N October, A.D. , 1988 . N O H .--1 BOARD OF COUNTY COMMISSIONERS m w ATTEST: 2:c WELD UNTY, COLORADO Weld Country erk and Recorder �.AG and Clerk ' t©'.the. Board Gene R. Brantner, Chairman e BY: C1jf J�, l a./ C.W. Kirby, Pro Tem eputy County C rk APPROVED AS TO FORM: 'Ja qu line nson °P. ir, berec t / a. ,ref mom* e C unty Attornfy w�> Frank Ya guc 880967 r r ARd158329 0o LEASE 0 ,-+o o THIS LEASE, made this 5th day of October 19 88 , by and between JOHN G. AND GRETCHEN E. EWING whose w o address is 1515 Glenmere Road, Greeley, Colorado 80631 , hereinafter referred to as "Lessor, " and WELD COUNTY, COLORADO, by o x and through the Board of County Commissioners of Weld County, o Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter p referred to as "Lessee. " o o a WITNESSETH: ti That, in consideration of the payment of the rent and the rig keeping and performance of the covenants and agreements by Lessee o a hereinafter set forth, Lessor hereby leases unto Lessee the coo following-described premises, situated in the County of Weld, w z State of Colorado, to wit: 1 H F The extreme easterly portion of part of the NW4 SW4 , Section 32 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, M Colorado, just east of storage tanks currently located upon said property and owned by Ln z UNIOIL. Ng o Lessor covenants that they are seized of the above described w g real property and has the right to lease the same to Lessee. N M To have and to hold the same with all the appurtenances unto '''N the Lessee from the date first written above for a period of five NO (5) years thereafter at and for a rental for the full term oaw aforesaid of $50 . 00 per year, payable in total on the first day of each year during said term. Receipt of the first year' s rent is hereby acknowledged. Lessee, in consideration of the leasing of said premises as aforesaid, covenants and agrees as follows: To pay the rent for said premises as hereinabove provided; to keep said premises in good condition at the expense of Lessee and at the expiration of this Lease to surrender and deliver of said premises in as good order or condition as when the same were entered upon , loss by fire, inevitable accident, or ordinary wear excepted; to sublet no part of said premises, nor assign this Lease or any interest therein without the written consent of the Lessor first being obtained; and to use said premises for no purpose prohibited by the laws of the United States, or the State of Colorado, or the ordinances of the said County of Weld, and for no improper or questionable purposes whatsoever. Page 1 of 3 Pages 880997 't o o u It is agreed that Lessee shall use said premises solely for ---o the placement of a fuel storage tank, and that in case said o premises shall become untenantable on account of damage by fire, q flood, or act of God, this Lease may be thereupon terminated by o w the Lessee. Lessee agrees to remove said fuel storage tank upon 0 3 the expiration of this Lease. This Lease shall include the right o x of reasonable access to said fuel storage tank. Vi-14 o It is further agreed that no assent, express or implied, to o any breach of any one or more of the covenants or agreements a o hereof shall be deemed or taken to be a waiver of any succeeding r or other breach. uti ri a It is further expressly understood and agreed that all the w covenants and agreements in this Lease contained shall extend to noa m u and be binding upon the heirs, executors, legal representatives, iz and assigns of the respective parties hereto. This Lease may not H H be modified or amended without the express written consent of both ---E Lessor and Lessee. ri N a ] WITNESSETH: Cn N W el 44 That the above-described property was leased for oil and gas co development by the Lessor to R. V. Borchert by lease date May 25, (-44' 1982 , and recorded at Book 979 , Reception Number 01905421 , in the 0 Office of the Weld County Clerk and Recorder, which lease was v g assigned by Borchert to UNIOIL by assignment dated November 12 , a1985 , and recorded at Book 1092 , Reception Number 02032923 , in the N d Office of the Weld County Clerk and Recorder. UNIOIL has no . 4N objection to this Lease and to the placement of said fuel storage ri o2 tank by Lessee on said property. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day and year first written above. LESSOR: ' A t 3.t i ... , -_ ...., .. ,-LE, �T4S�2TBED AND SWORN to before me this ,,7eD day of y •• , 19 �2• . or c. WITNESS my hand and official seal. Notary Public My commission expires: 7//(0/g9 880967 Page 2 of 3 Pages v O LESSEE: M ota ATTEST: �i:/ C�� WELD COUNTY, COLORADO, by and O through the Board of County ca Weld County jerk and Recorder Commissioners of Weld County, o w and Clerk tO 'thp Boarfi Color n_ , _ ,• �/ alati: /7ticee—/ By �� iY ar it in. W Deputy C tasty C k hairman 9a O O o a SUBSCRIBED AND SWORN to before me this ,; i-b°" day of .. w t'(1A-eds.,,—� , 19 • an a WITNESS my hand and official seal. N 4 co ,,I C0v N Z .• O%?MtI1 .. I o r.1) r Notary Public o a '"UB :\ ' w '�-My'%g mmission expires: in aN W C� M 44 My Commission Expires Jun.®, 1900 UNIOIL co Lb riz N a' o N By: W a N ,11 SUBSCRIBED AND SWORN to before me this 7_3' ,,' t lt.. � . N O Spt m ben- , 19 Sb' : O O1`-{n`� \. r-1 ri 7 9 r/ m a WITNESS my hand and official seal. E 47: -o-.`-c-` I 5 oo Notary gu� ��lic 0 My commission expires: ntov z., / rf / 880967 Page 3 of 3 Pages Hello