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RESOLUTION
•
• RE: AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS, WELD•
COUNTY, COLORADO, TO SIGN LEASE AGREEMENT (JOINTLY
WITH THE CITY OF GREELEY) WITH REUBEN CROISSANT.
WHEREAS, the County of Weld, State of Colorado, and the City of
Greeley, Colorado, are joint owners of the following described property,
to-wit:
The Northeast Quarter of the Southeast Quarter (NEISE4);
the Southeast Quarter of the Northeast Quarter (SE4NE4); •
the West Half of the Northeast Quarter of the Northeast
Quarter (WI-NEINEI); the East Half of the West Half of
the Northeast Quarter (EZWINE4), excepting therefrom a
parcel of land containing 5. 28 acres, described in deed • .
recorded in Book 292, at page 394 of the records of the
• County Clerk and Recorder of Weld County, Colorado,
to-wit: Beginning at the Southwest corner of the EZWZNEI;
• thence by true bearings (variation 14° 30' East) East
164. 5 feet; thence North 0° 35' West 716 feet; thence •
North-l° 35' West 688 feet; thence North 11° 50' •West
543. 6 feet to the west line of the EZWZNE4; thence
South along the West line of the EZWZNE4 1937. 5 feet to
the place of beginning;
• And also.that part of the West Half of the West Half of the
Northeast Quarter (WI-WINE4) described as follows:
Beginning at a point on the East line of the W+W+NE*,
30 feet South of the Northeast corner thereof; thence
South along said East line 5654 feet; thence North 12°
35' West 580 feet; thence East 130 feet to the place of
beginning, containing . 78 acres exclusive of ditches, all
in Section Three (3), Township Five (5) North, Range
Sixty-five (65) West of the Sixth Principal Meridian,
containing in all 135. 5 acres, more or less. Together
with pumping plant, motors and all equipment, appurten-
• ances and appliances therewith, twelve (12) shares of the
capital stock of The New Cache la Poudre Irrigating
Company, sixteen (16) shares of the capital stock of the
Cache La Poudre Reservoir Company, and twelve (12)
•
shares of the capital stock of the Pleasant Valley
Extension Ditch Company and any and all other water and
water rights appurtenant to or used in connection with
•
said land,
•
and,
WHEREAS, the Board of County Commissioners, Weld County,
Colorado, has determined (jointly with the City of Greeley) that it would
be in the best interest of the County to enter into a lease agreement with
Reuben Croissant upon the terms and conditions recited in said lease,
per lease agreement attached hereto and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
• Commissioners, Weld County, Colorado, that said lease agreement with
Reuben Croissant, copy of which is attached hereto and made a part
hereof by reference be, and it hereby is approved.
740579
i J
•
BE IT FURTHER RESOLVED that the Board be, and it hereby is
authorized to execute the lease agreement as submitted and to make the
same effective forthwith.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the 13th day oa March ,
A.D. , tirr3. 1974. ,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CLLR
•
ATTEST:
County Clerk and Recorder and
Clerk to the Board
Deputy County erk .
APP O D AS TO_EQLM
'�'C'ounty Attorneyr�
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• LEASE AGREEMENT
THIS ARTICLE OF AGREEMENT, Made and entered into by and between
the CITY OF GREELEY and COUNTY OF WELD, Lessors, and REUBEN
CROISSANT, Lessee,
WITNESSETH:
That the Lessor, have this day leased to the Lessee, the following
described premises, in the County of Weld and State of Colorado, to-wit:
•
The Northeast Quarter of the Southeast Quarter (NEI'-SE**);
the Southeast Quarter of the Northeast Quarter (SEINE*);
the West Half of the Northeast Quarter of the Northeast
Quarter (WINEINEI); the East Half of the West Half of
the Northeast Quarter (E+W+NEI), excepting therefrom
a parcel of land containing 5. 28 acres, described in
deed recorded in Book 292, at page 394 of the records of
the County Clerk and Recorder of Weld County, Colorado,
to-wit: Beginning at the Southwest corner of the E+W+NE;;
thence by true bearings (variation 14° 30' East) East
• 164. 5 feet; thence North 0° 35' West 716 feet; thence
North 1° 35' West 688 feet; thence North 11° 50' West •
543. 6 feet to the west line of the E+W+NEI; thence South
along the West.line of the E+W+NE* 1937. 5 feet to the
place of beginning;
And also that part of the West Half of the West Half of • •
the Northeast Quarter (W+W+NEI) described as follows:
Beginning at a point on the East line of the WIW+NEI,
30 feet South of the Northeast corner thereof; thence •
South along said East line 565+ feet; thence North 12° 35'
West 580 feet; thence East 130 feet to the place of beginning,
containing . 78 acres exclusive of ditches, all in Section
Three (3), Township Five (5) North, Range Sixty-five (65)
West of the Sixth Principal Meridian, containing in all
135. 5 acres, more or less. Together with pumping plant,.
motors and all equipment, appurtenances and appliances
therewith, twelve (12) shares of the capital stock of The
New Cache la Poudre Irrigating Company, sixteen (16)
shares of the capital stock of the Cache La Poudre
Reservoir Company, and twelve (12) shares of the capital
stock of the Pleasant Valley Extension Ditch Company and
any and all other water and water rights appurtenant to or
used in connection with said land,
•
for a term of one year, commencing on the 1st day of January, 1974 and ending
on the 31st day of December, 1974, and to continue from year to year there-
after unless sooner terminated by either party giving written notice to the
other party at least three (3) months prior to the end of the lease period,
upon the terms and conditions as follows:
The rent to be reserved by, paid and delivered shall be as follows: '
1/3rd of the gross proceeds of sugar beets; 1/3rd of potatoes; 1/3rd of
wheat; 1/3rd of oats; 1/3rd of barley; 1/3rd of beans;.1/3rd of corn; 1/2
of hay, and 1/3rd of all other crops grown on said premises; all of which
• (except hay) shall be delivered to the nearest market, and the proceeds
paid in joint check to Lessors and Lessee; the Lessee shall furnish all
sacks for crops marketed in bags and Lessors shall pay for its propor-
tionate part in which its share of crops is marketed. The hay shall be •
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stacked on the premises and divided by measurement before feeding is
done therefrom, and if Lessee's stock is fed therefrom, he shall be
charged with one-third of a ton per month for each head of stock fed.
All straw, beet tops and fall and winter pasturage, shall be divided
1/2 to Lessors, and 1/2 to Lessee, but, if same is fed on the premises by
Lessee, all shall belong to the Lessee.
The Lessee covenants and agrees as follows: •
1. To plow, prepare seed bed, cultivate and farm all lands in
a good farmlike manner.
2. To use said premises as a farm and will not use or permit same
to be used for any unlawful business or purpose.
3. Not to assign this lease or sub-let said premises or any part
thereof without written consent of Lessors.
4. To guard and to keep in repair said property, buildings, gates,
corrals, pumps, well, well fittings, fences, vines, shrubbery and orchard
from all damages, and will keep the same in as good repair as they are
now; to do no act whereby any insurance on buildings may be invalidated;•
to remove or damage no buildings, fences, trees, shrubbery or any
improvement of any kind.
5. To haul out all manure on said premises and spread same for
fertilizer before planting crops.
6. To clean out and maintain the main lateral to the premises,
and all sub-laterals on the premises, and to do the proportionate part of
cleaning of such laterals used jointly with others.
7. To well and seasonably put in, tend, and harvet all crops and to
use only first class seed; to properly irrigate.all crops as often as
necessary to produce the best results and to the full extent of the water
supplied; to harvest all potatoes before October 15, and all beets before •
• November 15, in the year grown.
8. To cut all weeds along public highways, private roadways,
lateral ditches and fences and in fields before the seed thereof matures.
9. The Lessors shall have the right of entry, at all times, to
inspect the buildings, premises and crops growing thereon. If Lessee
fails to properly tend, care for or harvest the crops grown on the premises,
the Lessors shall have the right,of entry and to take over and perform the
duties of the Lessee in respect thereto, and to charge the expense thereof
to the Lessee and deduct same from Lessee's share of the crop.
10. The Lessors shall have a lien on all goods, chattels and other
property and share of crops of the Lessee for the rent, damage and waste
due to the Lessors under the terms of this lease.
11. At the expiration of this lease, or upon breach by the said
of any of the covenants herein contained, Lessee's right of
cc. ,-_ancy will ter:ninaca anc he shall quit and surrender the possession
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and occupancy of said premises to the Lessors, and shall be subject to eviction
either with or without process of law.
12. In the event the said premises are sold or rented to another tenant
for 1975 or subsequent years, said tenant or buyer shall have the right to go
on said land, make repairs, fall plow or sow seed for crops in the fall of
1974 or subsequent years__
13. It is further agreed that Lessee shall keep a record of hours the
irrigation pump is in use for the purpose of irrigation of premises other than
covered by this lease.
14. It is further agreed that the cost of all fertilizer shall be shared
according to crop proration, and Lessors will furnish alfalfa seed and Lessee
will furnish all other seed. .
15. It is further agreed that Lessors will furnish chemicals for dusting
and spraying and Lessee will apply same; in the event of application by plane
the cost shall be prorated according to crop division.
16. If outside manure is required, Lessors will share in cost, hauling
and spreading equally with Lessee.
17. It is further agreed that Lessee will make no major improvements
until approval is received by Lessors' agent, The Weld County Municipal
Airport Board.
18. It is further agreed that Lessors may designate another person or
persons as manager, and said agent shall have the authority to conduct
negotiations with Lessee concerning operation of the leased premises.
19. It is further agreed that Lessors may, during the term of this lease .•
or any extension thereof, extend the runway of the Weld County Muncipal
Airport over and across a portion of said leased premises, and may install
other improvements thereon, and in that event the portion used for such runway
or for any other improvements that may be installed thereon shall be removed
from the terms of this lease and Lessee shall waive any and all claims for
damages or otherwise (excepting any damage to growing crops) for
un-availability of this portion of said leased premises.
IN WITNESS WHEREOF, the said parties have hereunto subscribed their
names, and signed a duplicate, this 13th day of March , A.D. ,
1Sfg, 1974 .
•
ATTEST ----"Z_ ,,,--,//e p". BOARD OF COUNTY COMMISSIONERS
Qom--, WELD CO TY, COLORADO
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D ut unty Clz cLl
A OVED AS
-
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trt`if .
ountyi ttorney
ATTEST: CITY OF EELEY
By -4--7.� 1
- (Mayor
"LESSORS"
Fe-at-rt.- ---1.--O-t44 et-n-74;
Reuben Croissant
• •
"LESSEE"
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