HomeMy WebLinkAbout20221720.tiffcohkvac -vp14424l
March 18, 2025
FACILITIES DEPARTMENT
PHONE: (970) 400-2023
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
To: Board of County Commissioners
From: Patrick O'Neill
Subject: Farming Lease Amendment — Hungenberg— (2022-1720)
Weld County purchased land north of O -Street in Greeley. These parcels were being farmed by
Hungenberg Farms at the time of purchase. Attached is an amendment to renew the lease agreement
and continue the annual lease to Hungenberg for the amount of $20,400.00 annually. The lease will be
reviewed annually for renewal. Annual renewals are expected for continuation until such time the
County begins development of the parcels.
The Facilities Department is recommending approval of the lease agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Patrick O'Neill
Director
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AMENDMENT TO LEASE AGREEMENT
THIS AMENDMENT TO LEASE AGREEMENT is made and entered into this 4 day of
March, 2025, by and between the COUNTY OF WELD, a political subdivision of the STATE
OF COLORADO, by and through the Board of County Commissioners of the County of Weld,
whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, hereinafter referred to
herein as "Landlord," and Michael B. Hungenberg. Paul D. Hungenberg. Jared Hungenberg,
Jason Hungenberg, Jordan Hungenberg. Donald Hungenberg, and Beatrice Hungenberg whose
collective address is Hungenberg Produce, Inc., Attn. Jordan Hungenberg, 976 North Balsam
Avenue, Greeley, Colorado 80631, hereinafter jointly and severally "Tenant." The Landlord and
the Tenant may be referred to collectively herein as, "the Parties."
WITNESSETH:
WHEREAS, the Parties entered into a Lease Agreement for the following described
property on June 20, 2022, referred to in the Office of the Clerk to the Board of County
Commissioners as "2022-1720" ("Lease Agreement"), and
WHEREAS, the leased property is described in Exhibit "A" to the Lease Agreement,
hereinafter referred to as "the Property," and
WHEREAS, said Lease Agreement was for the 2022 crop year commencing January 1,
2022, and ending when the final crop is removed from the Farm Property or December 31, 2022.
whichever is earlier, and
WHEREAS, the Tenant desires to extend the Lease Agreement for the 2025 crop year
commencing January 1, 2025, and ending when the final crop is removed from the Farm Property
or December 31, 2025, whichever is earlier, at the rate set forth below, according to the terms set
forth herein and in the Lease Agreement.
NOW, THEREFORE, the Parties hereby amend the Lease Agreement as follows:
Amend Paragraph 1 of the Lease Agreement to read as follows:
1. Term. Landlord hereby agrees to lease to Tenant and Tenant hereby agrees to lease from
Landlord the Farm Property for the 2025 crop year commencing January 1, 2025, and ending
when the final crop is removed from the Farm Property or December 31, 2025. whichever is
earlier. This Lease may be renewed annually upon written consent of both Parties.
Amend Paragraph 2 of the Lease Agreement to read as follows:
2. Payment. Tenant shall pay Landlord annual rent in the amount of $20,400.00 which
amount shall be paid in two installments: $10,200.00 on June 1, 2025, and $10,200.00 on
December 1, 2025. In the event rent is not paid when due. the amount of the unpaid rent
Page 1 of 2 Pages
(together with any additional amounts owed by Tenant herein) shall bear interest at a default rate
of 18% per annum.
Add a new Paragraph 6.h. to the Lease Agreement to read as follows:
6. Tenant Responsibilities:
h. To allow Landlord's employees and agents onto the Property at reasonable times for
the purpose of taking soil samples and surveys for future infrastructure buildout by
Landlord.
All of the remaining provisions of the Lease Agreement, including the Exhibits thereto,
shall remain the same.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first written above.
LANDLORD:
ATTEST:
Clerk to the °
By:
Deputy Clerk
Michael B. Hungenberg
Hungen
Hungenberg
-D►. Gus 7 ye,
Beatrice Hungenberg
COUNTY OF WELD, a political
subdivision of the STATE OF
COLORADO, by and through the Board of
ty Commissioners of
my of Weld
L. B;' k, Chair MAR 2 4 2025
Hungenber
Jasoli Hungenb r
Donald Hungenberg
Page 2 of 2 Pages
zu22-117.O
EXI I A DeQCE1ohon of the 01.1. v
The property consists of two parcels as described below
1. Account # R6784192, Parcel # 080330300017, with a legal description of THAT PT OF
SW4 30-6-65 LYING WITHIN BDRY DESC AS BEG SE COR SEC N0D44'W 30'
S89D33'W 1333 65' TO TPOB TH S89D33'W 1297 49' S89D33'W 1203 60' N0D26'W
899 75' N89D12'E 1172 10' TOO 31 564' ALG CURVF TO L (R=20' CH=N44O02'F
28 37') NO 1 D06'W 1693 84' N89D45'E 1295 25' SO I D I I'E 2616 45' TO TPOB
2 Account # R1280986, Parcel #080330000092 with a legal descnption of 13818 PT
W2SE4 30 6 65 BEG S4 COR SEC N0D38'E 2648 36' 589D32'E 1331 1' S0D19V
2647 37' N89D35'W 201 92' N0D06'W 132 93' N22D53'W 107 16' N48D26'W 48 13'
N62D14'W 259 07' S0D46'E 382 05' N89D35'W 84195' TO BEG LOT B SUB
EXEMPT SE -43 (79311A A M/L) (79R 1 36L)
Contract Form
Entity Information
Entity Name* Entity ID*
HUNGENBERG PRODUCE INC @00045538
Contract Name*
O STREET LAND LEASE AGREEMENT
Contract Status
CTB REVIEW
Contract Description *
LEASE AGREEMENT FOR THE LAND NORTH OF O STREET
Contract Description 2
Contract Type *
LEASE
Amount *
$ 20,400.00
Renewable*
YES
Automatic Renewal
Grant
IGA
Department
BUILDINGS AND
GROUNDS
Department Email
CM-
BuildingGrounds@weld.go
v
Department Head Email
CM-BuildingGrounds-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Li New Entity?
Contract ID
9241
Contract Lead *
CNAIBAUER
Contract Lead Email
cnaibauer@weld.gov
Requested BOCC Agenda
Date *
03/26/2025
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
03'22;2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Review Date*
01/31/2026
Renewal Date*
01/30/2026
Committed Delivery Date Expiration Date
Contact Type Contact Email
Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
PATRICK O'NEILL
DH Approved Date
03/19/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
03/24/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
03;2Q/2025 03/20;2025
Tyler Ref #
AG 032425
Originator
CNAIBAUER BAU ER
CUrrh�aC}-ID1�gZOZ
June 6, 2024
FACILITIES DEPARTMENT
PHONE: (970) 400-2023
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
To: Board of County Commissioners
From: Curtis Naibauer
Subject: Farming Lease Amendment — Hungenberg — (2022-1720)
Weld County purchased land north of O -Street in Greeley. These parcels were being farmed by
Hungenberg Farms at the time of purchase. Attached is an amendment to renew the lease agreement
and continue the annual lease to Hungenberg for the amount of $20,400.00 annually. The lease will be
reviewed annually for renewal. Annual renewals are expected for continuation until such time the
County begins development of the parcels.
The Facilities Department is recommending approval of the lease agreement.
If you have any questions, please contact me at extension 2027.
Sincerely,
Curtis Naibauer
Interim Director
bn5th+nenda.
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AMENDMENT TO LEASE AGREEMENT
THIS AMENDMENT TO LEASE AGREEMENT is made and entered into this' day of May,
2024, by and between the COUNTY OF WELD, a political subdivision of the STATE OF
COLORADO, by and through the Board of County Commissioners of the County of Weld,
whose address is P.O. Box 758, 1 150 O Street, Greeley, Colorado 80632, hereinafter referred to
herein as "Landlord," and Michael B. Hungenberg. Paul D. Hungenberg. Jared Hungenberg,
Jason Hungenberg, Jordan Hungenberg. Donald Hungenberg, and BeatriceHungenberg whose
collective address is Hungenberg Produce, Inc., Attn. Jordan Hungenberg, 976 North Balsam
Avenue, Greeley, Colorado 80631, hereinafter jointly and severally -Tenant." The Landlord and
the Tenant may be referred to collectively herein as, "the Parties."
WITNESSETH:
WHEREAS, the Parties entered into a Lease Agreement for the following described
property on June 20, 2022, referred to in the Office of the Clerk to the Board of County
Commissioners as "2022-1720" ("Lease Agreement"), and
WHEREAS, the leased property is described in Exhibit "A" to the Lease Agreement,
hereinafter referred to as "the Property," and
WHEREAS, said Lease Agreement was for the 2022 crop year commencing January I,
2022, and ending when the final crop is removed from the Farm Property or December 31, 2022.
whichever is earlier, and
WHEREAS, the Tenant desires to extend the Lease Agreement for the 2024 crop year
commencing January I, 2024, and ending when the final crop is removed from the Farm Property
or December 31, 2024, whichever is earlier, at the rate set forth below, according to the terms set
forth herein and in the Lease Agreement.
NOW, THEREFORE, the Parties hereby amend the Lease Agreement as follows:
Amend Paragraph I of the Lease Agreement to read as follows:
I . Term. Landlord hereby agrees to lease to Tenant and Tenant hereby agrees to lease from
Landlord the Farm Property for the 2024 crop year commencing January I, 2024, and ending
when the final crop is removed from the Farm Property or December 31, 2024. whichever is
earlier. This Lease may be renewed annually upon written consent of both Parties.
Amend. Paragraph 2 of the Lease Agreement to read as follows:
2. Payment. Tenant shall pay Landlord annual rent in the amount of $20,400.00 which
amount shall be paid in two installments: $10,200.00 on June I, 2024, and $10,200.00 on
December I, 2024. In the event rent is not paid when due. the amount of the unpaid rent (together
Page I of 2 Pages
02,4092-o? -/7,26.
with any additional amounts owed by Tenant herein) shall bear interest at a default rate of 18%
Per annum.
Add a new Paragraph 6.h. to the Lease Agreement to read as follows:
6. Tenant Responsibilities:
h. To allow Landlord's employees and agents onto the Property at reasonable times for
the purpose of taking soil samples and surveys for future infrastructure buildout by
Landlord.
All of the remaining provisions of the Lease Agreement, including the Exhibits thereto,
shall remain the same.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first written above.
LANDLORD:
ATTEST: ,,,,W,1
Clerk to the Board
By:
Deputy Cler
Michael B. Hungenberg
COUNTY OF WELD, a political
subdivision of the STATE OF
COLORADO, by and through the Board of
County Commissioners of
the County of Weld
Kevin D. Ross, Chair
NT:
Jas n Hungen
red Hungenberg
Beatrice Hungen
MAY 2 2 2024
Page 2 of 2 Pages
Contract Form
Entity Information
Entity Name* Entity I D *
HUNGENBERG PRODUCE INC @00045538
Contract Name *
FARM LEASE AGREEMENT
Contract Status
CTB REVIEW
Contract Description *
ANNUAL LEASE AGREEMENT (2022-1720)
Contract Description 2
Contract Type*
LEASE
Amount*
$ 20,400.00
Renewable *
YES
Automatic Renewal
Grant
IGA
❑ New Entity?
Contract ID
8202
Contract Lead *
CNAIBAUER
Contract Lead Email
cnaibauer@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Department Requested BOCC Agenda Due Date
BUILDINGS AND Date* 05/30/2024
GROUNDS 06/03/2024
Department Email
CM-
BuildingGrounds@weldgo
v.com
Department Head Email
CM-BuildingGrounds-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
5967
If this is part of a MSA enter MSA Contract ID
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
05/01/2025
Committed Delivery Date
Renewal Date*
05/01/2025
Expiration Date
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver
Approval Process
Department Head
CURTIS NAIBAUER
DH Approved Date
05/16/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05/22/2024
Finance Approver
CHERYL PATTELLI
Purchasing Approved Date
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
05/16/2024 05/16/2024
Tyler Ref #
AG 052224
Originator
CNAIBAUER
0,on- vA C -F 1'p -o$to
June 12, 2023
FACILITIES DEPARTMENT
PHONE: (970) 400-2023
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
To: Board of County Commissioners
From: Toby Taylor
Subject: Farming Lease Amendment — Hungenberg — (2022-1720)
Weld County purchased land north of O -Street in Greeley. These parcels were being farmed by
Hungenberg Farms at the time of purchase. Attached is an amendment to renew the lease agreement
and continue the annual lease to Hungenberg for the amount of $20,400.00 annually. The lease will be
reviewed annually for renewal. Annual renewals are expected for continuation until such time the
County begins development of the parcels.
The Facilities Department is recommending approval lease agreement.
If you have any questions, please contact meat extension 2023.
Sincerely,
Toby Taylor
Director
ee'_C(43,(6,&)
umvak- napds,, 1,//q/023
lo/t9/z3
2022-1170
662 OOZE
AMENDMENT TO LEASE AGREEMENT
THIS AMENDMENT TO LEASE AGREEMENT is made and entered into this edaiday of June,
2023, by and between the COUNTY OF WELD, a political subdivision of the STATE OF
COLORADO, by and through the Board of County Commissioners of the County of Weld,
whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, hereinafter referred to
herein as "Landlord," and Michael B. Hungenberg. Paul D. Hungenberg. Jared Hungenberg,
Jason Hungenberg, Jordan Hungenberg. Donald Hungenberg, and BeatriceHungenberg whose
collective address is Hungenberg Produce, Inc., Attn. Jordan Hungenberg, 976 North Balsam
Avenue, Greeley, Colorado 80631 , hereinafter jointly and severally "Tenant." The Landlord
and the Tenant may be referred to collectively herein as, "the Parties."
WITNESSETH:
WHEREAS, the Parties entered into a Lease Agreement for the following described
property on June 20, 2022, referred to in the Office of the Clerk to the Board or County
Commissioners as "2022-1720" ("Lease Agreement"), and
WHEREAS, the leased property is described in Exhibit "A" to the Lease Agreement,
hereinafter referred to as "the Property," and
WHEREAS, said Lease Agreement was for the 2022 crop year commencing January 1,
2022, and ending when the final crop is removed from the Farm Property or December 31, 2022.
whichever is earlier, and
WHEREAS, the Tenant desires to extend the Lease Agreement for the 2023 crop year
commencing January I, 2023, and ending when the final crop is removed from the Farm Property
or December 31, 2023, whichever is earlier, at the rate set forth below, according to the terms set
forth herein and in the Lease Agreement.
NOW, THEREFORE, the Parties hereby amend the Lease Agreement as follows:
Amend Paragraph I of the Lease Agreement to read as follows:
1. Term. Landlord hereby agrees to lease to Tenant and Tenant hereby agrees to lease from
Landlord the Farm Property for the 2023 crop year commencing January 1, 2023, and ending
when the final crop is removed from the Farm Property or December 3 1, 2023. whichever is
earlier. This Lease may be renewed annually upon written consent of both Parties.
Amend Paragraph 2 of the Lease Agreement to read as follows:
2. Payment. Tenant shall pay Landlord annual rent in the amount of $20,400.00 which
amount shall be paid in two installments: $10,200.00 on June 1, 2023, and $10,200.00 on
December 1 , 2023. In the event rent is not paid when due. the amount of the unpaid rent
Page 1 of 2 Pages
(together with any additional amounts owed by Tenant herein) shall bear interest at a default rate
of 18% per annum.
Add a new Paragraph 6.h. to the Lease Agreement to read as follows:
6. Tenant Responsibilities:
h. To allow Landlord's employees and agents onto the Property at reasonable times for
the purpose of taking soil samples and surveys for future infrastructure buildout by
Landlord.
All of the remaining provisions of the Lease Agreement, including the Exhibits thereto,
shall remain the same.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first written above.
LANDLORD:
L_
ATTEST:
diriftev
Clerk to the Board
By:
Deputy Cle
Mic ael B. Hungenberg
2
Hungenberg
eatrice Hungenberg
COUNTY OF WELD, a political
subdivision of the STATE OF
COLORADO, by and through the Board of
County Commissioners of
County of Weld
ke Freeman, Chair JUN 1 9 202:
Jasod Hun
Donald Hungenberg
Page 2 of 2 Pages
02O.2.2 -/ z„zo
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Sterling Geesaman
Monday, June 19, 2023 7:22 AM
Houstan Aragon; Toby Taylor
Esther Gesick; Chloe White; Cheryl Hoffman
RE: Contract ID/I 7085 and #7086
Houstan,
The Exhibit A was part of the original Lease agreements. This is the amendment to the original and I do not
have an exhibit A for the amendments as these are both just annual renewals.
Let me know if you have questions.
Sterling Geesaman, Project Coordinator
Weld County Facilities Department
1105 H Street
Greeley, CO 80631
(970) 400-2029
sgeesaman@weldgov.com
From: Houstan Aragon <haragon@weld.gov>
Sent: Thursday, June 15, 2023 10:15 AM
To: Toby Taylor <ttaylor@weld.gov>; Sterling Geesaman <sgeesaman@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>; Chloe White <cwhite@weld.gov>; Cheryl Hoffman <choffman@weld.gov>
Subject: Contract ID# 7085 and #7086
Good Morning,
I wanted to follow up with both of these Lease Agreement Amendments for Brix Brewery, LLC, and
Hungenberg Farms. as they both indicate an Exhibit A should accompany these amendments but neither of
do. Can I please get those sent over?
Thanks,
Houstan Aragon
Deputy Clerk to the Board
Clerk to the Board's Office
Weld County
1150 O Street
Greeley, CO 80631
Tel: (970) 400-4224
Email: haragot,weldpov. com
1
Contract Form
New Con'
En°
`Quest
Entity Name*
HUNGENBERG PRODUCE INC
Entity ID*
000045538
Contract Name*
FARM LEASE AGREEMENT AMENDMENT (2022-1 720
Contract Status
CTB REVIEW
Contract Description*
AMENDMENT TO LEASE AGREEMENT
Contract Description 2
Contract Type*
AMENDMENT
Amount*
$20,400.00
Renewable*
YES
Automatic Renewal
❑ New Entity?
Contract ID
7086
Contract Lead*
SGEESAMAN
Contract Lead Email
sgeesaman@co,weld.co.us;I
redferngweldgov.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Department Requested ROCC Agenda Due Date
BUILDINGS AND GROUNDS Date* 06"17-'2023
06,`21,2423
Department Email
CM-
BuildingGroundsPweldgov.c
am
Department Head Email
CM-BuildingGrounds-
DeptHead8weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EYgWELDG
OV.COM
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
ND
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
contra;'
Effective Date
Termination Notice Period
Contact Information
Review Date"
05 r 01 2024
Committed Delivery Date
Contact Info
Contact Name Contact Type Contact Email
Purchasing
Purchasing Approver
Approval Process
Department Head Finance Approver
TOBY TAYLOR CHRIS D'OVIDIO
Renewal Date"
06:0112024
Expiration Date
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Legal Counsel
BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
06/14/2023 06,14 2023 06;'14;2023
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
06/19/2023
Originator
SGEESAMAN
Tyler Ref #
AG 061923
RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR FARM PROPERTY AND AUTHORIZE CHAIR
TO SIGN - HUNGENBERG PRODUCE, INC.
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 a Lease Agreement for Farm Property
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Facilities Department, and Hungenberg
Produce, Inc., commencing January 1, 2022, and ending December 31, 2022, with further terms
and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said 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 Lease Agreement for Farm Property between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Facilities Department, and Hungenberg Produce, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of June, A.D., 2022, nunc pro tunc January 1, 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: A) 4k.;
Weld County Clerk to the Boar
Deputy Clerk to the Boa
APPVED
ounty A .rney j
Date of signature: 1�iZ3[ ?
c
K. James, Chair
erry L. B
Steve Moreno
Lori Sain-/
Cc.L3(,0-TT/sG)
7/13/,?
2022-1720
BG0024
Conih/ac-i- I Ud# 5Rco-1
FACILITIES DEPARTMENT
PHONE: (970) 400-2023
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
June 13, 2022
To: Board of County Commissioners
From: Toby Taylor
Subject: Farming Lease — Hungenberg
Weld County purchased land north of O -Street in Greeley. These parcels were being farmed by
Hungenberg Farms at the time of purchase. Attached is a lease agreement to continue the annual lease
to Hungenberg for the amount of $20,400.00 annually. The lease will be reviewed annually for renewal.
Annual renewals are expected for continuation until such time the County begins development of the
parcels.
The Facilities Department is recommending approval lease agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2022-1720
ono/ 20 5-GIOON
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") is made and entered into this day of
2022, by and between the County of Weld, a political subdivision of the State of
Colorado, by and through the Board of County Commissioners of the County of Weld,
hereinafter referred to as "County' or "Landlord," whose address is 1150 O Street, Greeley,
Colorado 80632 ("Landlord"), and Michael B. Hungenberg, Paul D. Hungenberg, Jared
Hungenberg, Jason Hungenberg, Jordan Hungenberg, Donald Hungenberg, and Beatrice
Hungenberg whose collective address is Hungenberg Produce, Inc., Attn. Jordan
Hungenberg, 976 North Balsam Avenue, Greeley, Colorado 80631, hereinafter jointly and
severally "Tenant." Landlord and Tenant are hereinafter sometimes referred to individually as a
"Party" or collectively as the `Parties."
WITNESSETH:
WHEREAS. County is the owner of the property described on Exhibit A, Description of
Property, attached hereto and incorporated herein by reference (the "Farm Property"). The Farm
Property is located within the City of Greeley, County of Weld, State of Colorado; and
WHEREAS, the County desires to lease to Tenant, and Tenant desires to lease from
County, the Farm Property for use, subject to the terms hereof.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
L Term. Landlord hereby agrees to lease to Tenant and Tenant hereby agrees to lease
from Landlord the Farm Property for the 2022 crop year commencing January 1, 2022, and
ending when the final crop is removed from the Farm Property or December 3l, 2022, whichever
is earlier. This Lease may be renewed annually upon written consent of both Parties.
2. Payment. Tenant shall pay Landlord annual rent in the amount of S20,400.00 which
amount shall be paid in two installments: $10,200.00 on June 1, 2022, and $10,200.00 on
December I, 2022. In the event rent is not paid when due, the amount of the unpaid rent
(together with any additional amounts owed by Tenant herein) shall bear interest at a default rate
of 18% per annum.
3. Taxes. Landlord shall pay all general real property taxes and special assessments due
on the Farm Property.
4. Utilities, Maintenance and Repair Costs. Tenant shall pay all utility bills for
electricity consumed by the water well pumps, pivots, sprinklers and all routine maintenance and
routine repair charges associated with the water wells, related equipment, pumps, and center
pivot sprinklers serving the Farm Property. Tenant shall keep all fences, if any, in good condition
and repair.
5. Expenses. Except as set forth in Paragraph 3, above. Landlord shall not be responsible
for any expenses connected with Tenant's use of the Farm Property. Specifically. Landlord is not
responsible for, without limitation, labor, seed. fertilizer, pesticides or harvesting fees. Tenant
accepts the Farm Property in its "as is" condition.
6. Tenant Responsibilities:
a. To plow, prepare seed bed, cultivate, and farm the Farm Property in a good
farm like manner.
b. To not assign this Lease nor sublet the Farm Property or any part thereof (except
to Hungenberg Produce, Inc.) without the prior written consent of Landlord.
c. To allow the Landlord, for itself, its agents, representatives or assigns,
employees and all persons claiming by, through or under Landlord to have the right of entry at all
times for any purpose.
d. To not install any improvements without the prior written approval of Landlord,
c. Tenant shall indemnify, defend, and hold harmless Landlord against any and all
claims or liabilities whatsoever resulting from Tenant's farming operations and access upon the
Farm Property. The indemnification set forth above shall survive the expiration or termination of
this Lease.
f. Tenant shall maintain all licenses and permits required in connection with its
farming operations, and shall follow and adhere to all applicable city. county, state or federal
laws and ordinances now or hereafter in effect regarding Tenant's use of the Farm Property and
its farming operation. including but not limited to all laws, rules, regulations, ordinances, and
private covenants of record relating in any manner to the use of the Farm Property or Tenant's
farming operations (including but not limited to environmental conditions and the use,
generation, manufacture, production, installation, maintenance, removal, transportation, storage,
spill, or release of any hazardous materials, biohazardous materials or any harmful, dangerous,
explosive or governmentally -regulated materials) now in effect or which may hereafter come
into effect.
g. Tenant shall indemnify, protect. defend and hold Landlord, its managers.
members, officers, directors, agents, employees, lenders and the Farm Property harmless from
and against any and all damages, liabilities. judgments, costs, claims, liens, expenses, penalties,
loss of permits and attorneys' and consultants' fees arising out of or involving any hazardous
materials, biohazardous materials or any harmful, dangerous. explosive or governmentally -
regulated materials brought onto the Farm Property or used in connection with Tenant's farming
operations or arising from or in any way associated with Tenant or Tenant's employees, agents,
workers or contractors' generation, handling, storage and disposal of such materials. The
indemnification set forth herein shall survive the expiration or termination of this Lease.
V7. Hunting Rights. Tenant shall have no hunting rights on the Farm Property whatsoever.
8. Encumbrances. Tenant acknowledges that oil, gas, minerals, and other mineral rights
in, on or underneath, the surface of said Farm Property may be owned or controlled by third
parties. Tenant waives any claims against Landlord in connection with, third parties' exercise of
mineral rights, mining rights and surface -use rights. Additionally, Tenant acknowledges that the
Farm property is currently encumbered by or subject to easements and other matters of record
which pre -date this Lease (and this Lease is specifically subordinate to and subject to such
matters), Tenant holds Landlord harmless from, and waives any claims against Landlord in
connection with, any loss, damage or inconvenience in connection with third -parties' exercise of
their previously recorded rights.
9. Noxious weeds. Tenant agrees to exercise such methods and practices as will be
necessary to control and eradicate noxious weeds growing or accumulating on the Farm Property
and to exercise such practices as are required consistent with good farming methods to attempt to
keep all crops, ditches, and edges free and clear of weeds. Tenant shall comply with all
governmental requirements in connection therewith.
10. Maintenance and Repair. Tenant shall, at its own cost, put and keep in good
condition and repair all fencing, trees, shrubbery, laterals, sublaterals and ditches. No warranties,
representations or assurances are given to Tenant as to the amount of water that will be delivered
or available to Tenant upon the Farm Property, and Tenant shall hold Landlord harmless in
connection with any shortage or any excess of water.
11. Insurance. Tenant shall, at its own expense, procure and maintain during the Lease
Term commercial general liability insurance with respect to the Farm Property, and Tenant's
activities in/on the Farm Property, providing bodily injury, broad form property damage with a
maximum Five Thousand Dollars ($5,000.00) deductible, unless otherwise approved by
Landlord, as follows:
(a) One Million Dollars ($1,000,000.00) with respect to bodily injury or death to any one
( I) person;
(b) Two Million Dollars ($2,000,000.00) with respect to bodily injury or death arising out
of any one (1) occurrence;
(c) One Million Dollars ($1,000,000.00) with respect to property damage or other loss
arising out of any one (1) occurrence; and
(d) Workers' compensation insurance in at least the statutory amounts.
12. Notices. Any notice to be given under this Agreement shall either be hand delivered,
with signed receipt, or mailed to the party to be notified at the address set forth herein, with
signed receipt, or by facsimile with confirmation, until such time as written notice of a change is
received from the party wishing to make a change of address. Any notice so mailed and any
notice served by personal delivery shall be deemed delivered and effective upon receipt or upon
attempted delivery. This method of notification shall be used in all instances, except for
emergency situations when immediate notification to the parties is required.
Any demand or notice to either party may be given to the other party by addressing the
written notice to:
Landlord: Toby Taylor
Director, Weld County Facilities Department
PO Box 758
Greeley, CO 80632
Tenant: Hungenberg Produce, Inc.
ATTN: Jordan Hungenberg
976 North Balsam Avenue
Greeley, CO 80631
13. Attorneys' Fees. In the event of a dispute between Landlord and Tenant concerning
this Lease, the parties agree that each party shall be responsible for the payment of attorney fees
incurred by or on its own behalf. Any award of damages following judicial remedy as a result of
the breach of this Lease or any of its provisions shall include an award of prejudgment interest
from the date of the breach or default at the maximum amount of interest allowed by law.
14. Default of Tenant. Landlord shall be entitled to recover, and shall have a valid claim
against Tenant as additional rent, all reasonable costs and expenses Landlord incurs in order to
protect Landlord against any loss occasioned by reason of any failure of Tenant to fulfill and
perform any or all of the conditions and agreements and things herein agreed to be done and
performed and claimed for damages against Tenant for loss occasioned by its neglect and failure
to perform all things herein agreed to be done and performed including, but not limited to, the
right of Landlord to cut weeds and otherwise perform Tenant's obligations set forth above.
However, except in the case of an emergency, no claim shall be made for damage or losses
described in the preceding sentence unless Landlord has given Tenant 10 days prior notice of the
existence of such potential claim for damage or losses and an opportunity to cure the problem.
Landlord shall have a lien on Tenant's crops and other property of Tenant for the rent. additional
rent and/or damages due Landlord under the terms of this Lease. The obligations of Tenant to
perform the duties herein during the term of the Lease, and Landlord's remedies as set forth
herein, shall continue beyond the expiration of the term of this Lease.
IS. Default of Landlord. In the event of any alleged default on the part of Landlord
hereunder. Tenant shall give written notice to Landlord in the manner herein set forth and shall
afford Landlord a reasonable opportunity to cure any such default. Landlord's liability under this
Lease shall be limited to its interest in the Farm Property. and under no circumstances shall any
other property of Landlord or of any owner of Landlord be available for satisfaction of any
judgment against Landlord. In no event shall landlord be liable to Tenant or persons claiming
through Tenant for any consequential damages. including, without limitation, lost profits, or
business interruption, nor shall Landlord have any liability for the criminal acts of third parties.
16. No Waiver of Claims. Failure of Landlord to insist in any one instance or more in
the performance of any terms, conditions, or covenants of this Lease or on the exercise of any
privilege herein contained shall not be construed as thereafter waiving any such or any other
covenants, conditions or rights or privileges, but the same shall continue and remain in full force
and effect.
17. Unlawful Purpose. Tenant agrees not to use nor permit the Farm Property to be used
for any unlawful or illegal business or purpose and to do no act whereby any insurance for
buildings and equipment may be invalidated.
18. Extension. This Lease shall not be construed to be extended beyond the term set forth
in paragraph one above by anything done by either of the parties hereto unless such extension be
made in writing and signed by the parties. Any claim by Tenant that it had a verbal
understanding and by reason thereof plowed. prepared ground for planting. and/or did plant or
seed or any other thing to be done by it shall be construed to be done at its own risk and shall be
held to be forfeited and no claim shall be valid or established by reason thereof unless the same
be done in such writing or under authority of a new Lease for the ensuing calendar year.
19. Termination. At the expiration or termination of this Lease, Tenant agrees to leave
the Farm Property in as good order and condition as when it took possession of the same. In case
Landlord shall declare this Lease terminated by reason of Tenant's default, then the Tenant agrees
to surrender all the Farm Property (with crops thereon. if any) to Landlord. Further, upon
expiration or termination due to breach of this Lease. Tenant will surrender its rights to any
growing crops to Landlord. If Tenant shall fail to surrender the Farm Property peacefully and
immediately upon expiration of this Lease, or if it fails to surrender the Farm Property peacefully
and immediately ten (10) days after notice of default. it shall be deemed guilty of a forcible
detainer of the Farm Property and shall be liable for damages sustained by Landlord and subject
to eviction and removal, forcible or otherwise, with or without process of law. Landlord shall be
awarded reasonable attorney fees and costs it incurs in connection with enforcing its rights and
remedies hereunder and under Colorado law.
20. USDA Farm Program. Tenant shall receive all USDA farm program payments
associated with the Farm Property for Tenant's 2022 crop year.
21. Surrender. Notwithstanding anything else to the contrary set forth in Paragraph I
above regarding the term of the Lease, Landlord shall have the right to demand the surrender of
all or any portion of the Farm Property at any time. Landlord's demand shall be in writing (the
"Termination Notice") and shall identify the portion of the Farm Property to be surrendered (the
"Surrendered Property"). Tenant shall surrender the Surrendered Property by the deadline set
forth in the Termination Notice which date shall not be earlier than 30 days following the date of
the Termination Notice (the "Termination Deadline"), provided the Tenant is not then in default
of payment of rent or in default of its material obligations as set forth herein, if Tenant has
already planted crops on the Surrendered Property prior to the date of the Termination Notice and
such crops are not able to be fully harvested by the Termination Deadline (the "Current Crop")
thereby resulting in actual loss of the Current Crop upon the Surrendered Property, Landlord
shall pay the Tenant for the reasonable value of the actual lost Current Crop. If the Termination
Notice is given prior to Tenant's planting of crops upon the Surrendered Property, Tenant shall
not be entitled to any damages resulting from the loss of crop upon the Surrendered Property.
22. Binding Effect. This Lease shall be binding upon Landlord, Tenant and their
respective successors, heirs, representatives and their permitted assigns.
23. Severability. The parties intend this Lease to be legally valid and enforceable in
accordance with all of its terms to the fullest extent permitted by law. If any term hereof shall be
stricken from this Lease to the extent unenforceable, the same shall be as if it never had been
contained herein. Such invalidity or unenforceability shall not extend to any other term of this
Lease, and the remaining terms hereof shall continue in effect to the fullest extent permitted by
law, the same as if such stricken term never had been contained herein.
24. Entire Agreement. This Lease and Exhibit A attached set forth all the covenants,
promises, agreements, representations, conditions, statements and understandings between
Landlord and Tenant concerning the Leased Premises, the Building and the Project, and there are
no representations, either oral or written between the parties other than those in this Lease.
Without limiting the foregoing, Tenant, hereby, specifically waives any claims, rights, or
defenses based on any warranties, representations or guarantees, whatever their form, made at
any time, by any party, negligently made or otherwise, except those warranties, representations
or guarantees contained in this Lease. This Lease shall not be amended or modified except in a
writing signed by both parties. Failure to exercise any right in one or more instance shall not be
construed as a waiver of the right to strict performance or as an amendment to or modification of
this Lease.
25. Board of County Commissioners of Weld County Approval. This Agreement shall
not be valid until it has been approved by the Board of County Commissioners of Weld County.
Colorado, or its designee.
26. Public Record. Tenant recognizes that this Lease is a public record under the
Colorado Open Records Act, C.R.S. §24-72-201 et. seq., and is available for inspection by the
public online and at the office of the Weld County Clerk to the Board.
27. Governmental Immunity. No term or condition of this Lease shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
28. No Third -Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Lease, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this Lease shall
give or allow any claim or right of action whatsoever by any other person not included in this
Lease. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Lease shall be an incidental
beneficiary only.
29. Choice of Law. Colorado law, and rules and regulations established pursuant thereto.
shall be applied in the interpretation, execution, and enforcement of this Lease. Any provision
included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Tenant
agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said
dispute.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day
and year first bove written. jejdo
AI I EST" _ — BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
puty Clerk
APPROVED AA_STO
ie
Weld County Attorney
TENANT:
'j r . 4
Michael B. Hungenberg
Jared Fungenberg
Beatrice Hungenberg
cott K. James, Chj JN 2 0 2022
Paul D. Hungenberg
Jason Hungenb
c
onald Hungenberg
EXHIBIT A —Description of the property
The property consists of two parcels as described below:
1. Account # R6784192, Parcel # 080330300017. with a legal description of THAT PT OF
SW4 30-6-65 LYING WITHIN BDRY DESC AS BEG SE COR SEC N0D44'W 30'
S89D33'W 1333.65' TO TPOB TH S89D33'W 1297.49' S89D33'W 1203.60' N0D26'W
899.75' N89D12'E 1172,10' TH 31.564' ALG CURVE TO L (R-20' CH-N44D02'E
28.37') NO I D06'W 1693.84' N89D45'E 1295.25' SO l D I I'E 2616.45' TO TPOB
2. Account # R1280986, Parcel # 080330000092 with a legal description of 13818 PT
W2SE4 30 6 65 BEG S4 COR SEC N0D38'E 2648.36' S89D32'E 1331.1' SOD19'W
2647.37' N89D35'W 201.92' NODO6'W 132.93' N22D53'W 107.16' N48D26'W 48.13'
N62D14'W 259.07' S0D46'E 382.05' N89D35'W 841.95' TO BEG LOT B SUB
EXEMPT SE -43 (79311A M/L) (.79R 1.36L)
Page 2 of 8 Pages
Contract Form
Entity Information
New Contract Request
Entity Name*
HUNGENBERG PRODUCE INC
Contract Name*
FARM LEASE AGREEMENT
Contract Status
CTB REVIEW
Contract Description*
ANNUAL LEASE AGREEMENT
Contract Description 2
Contract Type*
LEASE
Amount*
$20,400.00
Renewable*
YES
Automatic Renewal
Grant
IGA
Entity ID*
.OO0045538
Department
BUILDINGS AND GROUNDS
Department Email
CM-
BuildingGrounds0'weldgov.c
onl
Department Head Email
CM -Building Grounds-
DeptHeadtwveldgov.r_om
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYA I I ORNEYgWELDG
OV,COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
New Entity?
Contract ID
5967
Contract Lead*
SGEESAMAN
Contract Lead Email
sgeesaman�Oco.weld.co.us
Requested BUCC Agenda
Date*
06,20;2022
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
06;16?2022
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date
Review Date*
05 01:2023
Renewal Date*
06 01 2023
Termination Notice Period
Committed Delivery Date Expiration Date
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TOBY TAYLOR
DH Approved Date
06x13 2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
06 20 2022
Originator
SGEESAM AN
Finance Approver
CHERYL PA I I ELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
06,14'2022 06+14,2022
Tyler Ref #
AG 062022
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