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Home My WebLink About20192862.tiffAugust 6, 2019 Petitioner: BLACKFOX REAL ESTATE GROUP LLC PO BOX 209 HYGIENE, CO 80533-0209 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-2862 Appeal 2008224633 Hearing 8/5/2019 Dear Petitioner: On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. §39-8-101 et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2019. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R0825501 Stipulated - Approved Stipulated Value $913,232 $2,998 A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you. You must select only one of the following three (3) options for appeal: 1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. All appeals to the Board of Assessment Appeals filed after August 10, 2019, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2019, in addition to any other requirements under law, any petitioner appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall provide to the County Board of Equalization or to the Board of County Commissioners of the County in the case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable: (A) Actual annual rental income for two fall years including the base year for the relevant property tax year; (B) Tenant reimbursements for two full years including the base year for the relevant property tax year; (C) Itemized expenses for two full years iicluding the base year for the relevant property tax year; and (D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year. (II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within ninety days after the appeal has been fled with the Board of Assessment Appeals. (b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's request, the following information: (A) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (II) The party providing the information b the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein. (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move the Board of Assessment Appeals b compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the County Attorney and shall be accompanied by a certification that the County Assessor or the County Board of Equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you. The address and telephone number of the Board of Assessment Appeals are: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone Number: (303) 864-7710 Email: baa@state.co.us Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent must pay a fee of $101.25 per appeal. OR 2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the District Court of the county wherein your property is located: in this case that is Weld County District Court. A hearing before The District Court will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado appellate review and C.R.S. §24-4-106(9), govern the process. OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this option, the arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue arbitration. You and the Board of Equalization will select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located (i.e. Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree. The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the Board of Equalization. In the case of residential real property, the fess may not exceed $150.00 per case. For cases other than residential real property, the arbitrator's total fees and expenses are agreed to by you and Board of Equalization, but are paid by the parties as ordered by the arbitrator. If you have questions concerning the above information, please call me at (970) 400-4226. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R0825501 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: Blackfox Real Estate Group LLC P.O. Box 209 Hygiene Co 80533 Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2019 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner (s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: Fre Av outlot B Angel View Estates Exc SavannahA 2. The subject property is classified as Agricultural property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2019 Total $913,232 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2019 actual value for the subject property: Total $2,998 5. The valuation, as established above, shall be binding only with respect to tax year2019 6. Brief narrative as to why the reduction was made: Owner provided documentation showing the land is leased as dry farm. 7. Both parties agree that: (1The hearing scheduled before the Board of Equalization on at be vacated. 171A hearing has not yet been scheduled before the Board of Equalization. 1 otq-agcy DSO to 3 DATED this 15 day of July , 2019 , J i$on tfepp Jason Hepp'Jul i>. ^_019I Petitioner(s) or Agent or Attorney Address: PO Box 209 Hygiene, CO 80533 Telephone: 303 902 5302 Docket Number R0825501 Stip-1.Frm (Assistant) County Attorney for Respondent, Weld County Board of Commissioners Address: 1150 "0" Street P.O. Box 758 Greeley, CO 80632 Telephone:(970) 336-7235 County Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 R0825501 / Blackfox Final Audit Report 2019-07-16 Created: 2019-07-15 By: Duane Robson (drobson@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAASCk5LWtflY_E4q-kpigkBh184YZdPRj "R0825501 / Blackfox" History f Document created by Duane Robson (drobson@co.weld.co.us) 2019-07-15 - 6:53:29 PM GMT- IP address: 204.133.39.9 C� Document emailed to Duane Robson (drobson@co.weld.co.us) for approval 2019-07-15 - 6:53:30 PM GMT Document approved by Duane Robson (drobson@co.weld.co.us) Approval Date: 2019-07-15 - 6:53:49 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Vermeda Gerkin (vgerkin@weldgov.com) for approval 2019-07-15 - 6:53:50 PM GMT Email viewed by Vermeda Gerkin (vgerkin@weldgov.com) 2019-07-15 - 7:35:20 PM GMT- IP address: 204.133.39.9 Document approved by Vermeda Gerkin (vgerkin@weldgov.com) Approval Date: 2019-07-15 - 7:42:07 PM GMT - Time Source: server- IP address: 204.133.39.9 b Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-15 - 7:42:09 PM GMT Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-15 - 8:37:52 PM GMT- IP address: 204.133.39.9 %© Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-15 - 8:40:41 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Jason Hepp (jason@bregllc.com) for signature 2019-07-15 - 8:40:43 PM GMT Email viewed by Jason Hepp (jason@bregllc.com) 2019-07-15 - 8:48:14 PM GMT- IP address: 107.77.199.38 Adobe Sign Document e -signed by Jason Hepp (jason@bregllc.com) Signature Date: 2019-07-15 - 9:06:26 PM GMT - Time Source: server- IP address: 73.229.164.183 Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-15 - 9:06:28 PM GMT Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-15 - 9:46:57 PM GMT- IP address: 204.133.39.9 A) Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-16 - 2:41:45 PM GMT - Time Source: server- IP address: 204.133.39.9 O Signed document emailed to canaya@weldgov.com, Vermeda Gerkin (vgerkin@weldgov.com), Duane Robson (drobson@co.weld.co.us), Karin McDougal (weld-cboe@weldgov.com), and 2 more 2019-07-16 - 2:41:45 PM GMT Adobe Sign Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Jason Hepp <jason@bregllc.com> Friday, July 12, 2019 12:43 PM CTB-County Board of Equalization Vermeda Gerkin R0825501 NOTICE OF DETERMINATION APPEAL TO County Board of Equalization BREG_JOHNSTON_FARM_LEASE.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. R0825501 NOTICE OF DETERMINATION APPEAL TO COUNTY BOARD OF EQUALIZATION Value Too High To whom it may concern: This land has been in Dry Farm Land production for at least the last 20 years. It is currently in Winter Wheat. There has been no development or significant change to its status. We are also currently concerned that there may be significant legal development, water table, drainage and oil and gas challenges. Please see the attached Farm Lease. I can supply additional information regarding the development challenges upon request. If you have any questions I can be reached at 303.902.5302 Please confirm receipt of this email. Sincerely, Jason Hepp 2019-2862 1 AS o 1 3 GRAZING AND AGRICULTURAL LEASE THIS LEASE (this "Lease") is made and entered into this 1st day of July, 2019, by and between Blackfox Real Estate Group, a Colorado limited liability company ("Lessor"), whose address is PO Box 209 Hygiene Colorado, 80533, and JOHNSTON FAMILY FARMS LLC ("Lessee"), whose address is 2492 WELD COUNTY RD 11, ERIE , CO 80516 RECITALS WHEREAS, Lessor and Lessee previously entered into a verbal lease in which Lessor leased, let and demised unto Lessee, land situated in Weld County, Colorado (the "Leased Land"), described on Exhibit A attached hereto and made a part hereof WIIEREAS, Lessor and Lessee now desire to enter into a written lease for the Leased Land. WITNESSETH In consideration of the terms, conditions and mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, Lessor leases, lets and demises unto Lessee, and Lessor leases from Lessor, the Leased Land. This Lease is expressly made upon and subject to the following terms and conditions: 1. PURPOSE. The Leased Land shall be used by Lessee for the purpose of livestock grazing and annually planting, growing and harvesting agricultural forage crops during the term of this Lease, and for no other purpose. 2. TERM. This Lease is for a term of one (1) year and for the purpose of fixing the exact term, this Lease shall commence on July 1, 2019 and shall terminate on June 30, 2020, unless sooner terminated as herein provided. This Lease will automatically be renewed on each annual anniversary date provided Lessee is not in default of the terms and conditions of this Lease, unless sooner terminated as herein provided. 3. RENT. No annual rent shall be due. However, Lessee is responsible for all costs associated with maintenance and continued upkeep of the Leased Lands as outlined herein. 4. NOTICES. Except as otherwise provided, all noticed shall be deemed to have been properly given when sent by United States mail or overnight mail service, postage prepaid, to the Lessor's address listed in the first paragraph of this Lease or to the Lessee's address listed in the first paragraph of this Lease, respectively. The date of such service shall be the date on which the notice is deposited in a United States Post Office or with an overnight mail service firm. Personal delivery of such written notice shall have the same effect as notice given by mail. 00032969 - I 5. MINERAL OPERATIONS. This Lease is made subject to the terms and conditions of any existing mineral lease or leases now in force, or any future mineral lease or leases which may be granted, and the ongoing right of the mineral owner or mineral lessee to use the surface of the Leased Land for existing and future operations related to the production and development of oil, gas and other minerals underlying the Leased Land. 6. SUBSURFACE DISCLOSURE. It is expressly understood that the subjacent support of the Leased Land may have been or may be impaired by mining operations or the cessation of such operations carried on beneath the surface thereof. Lessor, its successors and assigns, shall not be liable for damages resulting therefrom. Lessee assumes the risk of damage from the subsidence of the surface caused by such mining operations. 7. SUPERIOR RIGHTS. This Lease is made subject to (and no use is given to Lessee of) all outstanding superior rights, including those for roads, highways, irrigation ditches, pipe lines, pole and wire lines, signboards and railroad tracks and facilities and to the right of Lessor to extend or revise such rights; and is made without covenant of title, right of possession or for quiet enjoyment; and is made subject also to the right of Lessor to grant subsequent rights and easements over and across the Leased Land for any purpose so long as they do not materially interfere with the rights granted herein. 8. PARTIAL SALE AND TERMINATION. Lessor shall have the right, at any time during the term hereof, to sell or convey any piece, parcel or tract of the Leased Land and to terminate this Lease as to such piece, parcel or tract in conjunction with the sale. 9. LIVESTOCK AND FENCING. Should Lessee elect to graze the Leased Lands with cows, sheep, horses or any other animal or livestock (collectively, "Livestock"), Lessee agrees to adequately fence the portion of the Leased Lands upon which the Lessee elects to graze. Lessee shall consult with, and obtain written approval from, Lessor prior to installing any fencing upon the Leased Lands. Lessee shall immediately repair, at its own expense, any fencing that may be damaged by Lessee or Livestock. Should any Livestock escape from a fenced area on the Leased Lands, Lessee shall immediately retrieve the Livestock and return it to a fenced area and shall assume all liability for any loss, damage, liability or harm resulting from the escaped Livestock. If an electric fence is constructed around the Leased Lands, Lessee shall post conspicuous notices that it is an electric fence. Lessee shall also post criminal trespass notices at locations that are readily visible to any person approaching the Leased Land. To prevent overgrazing and soil erosion, Lessee agrees to rotate the animals and move them to an alternate grazing location when the grass is grazed out, to allow the ground to recover and the grass to regrow. Lessee may lock the gates which are installed on any fencing installed upon the Leased Lands; provided, however, Lessee must first notify and consult with Lessor at least five (5) days prior to the installation of any such gates and locks, and upon Lessor's consent, which shall not be unreasonably withheld, Lessee shall install such gates and locks. Any locks installed by Lessee shall be compatible with Lessor's locks and Lessor shall have the right to place its own locks alongside any locks installed by Lessee. In the event Lessee's locking system is incompatible with Lessor's locking system which prevents Lessor's access, Lessor reserves the right to remove and replace Lessee's locks. 0003'_969 - 1 Lessor and Lessee agree to make all reasonable efforts to ensure that both parties maintain access to the Leased Lands at all times. 10. NOXIOUS WEEDS. Per Chapter 15 of Weld County Charter and Code and the Colorado Noxious Weed Act Section 35-5.5-101 et. seq., C.R.S., Lessee shall be responsible for the management, containment and suppression of the noxious weeds listed under Weld County Code Section 15-1-40. In addition, Lessee shall be responsible for any restoration of vegetation needed once the noxious weeks have been treated. All cost and expense associated with the management of noxious weeks shall be at the sole expense of the Lessee, and Lessee shall indemnify and hold harmless Lessor for any issues associated with the management of noxious weeds. Lessee shall only use those pesticides that have been approved for use by Weld County and will obtain prior written consent from Lessor before using anything that could cause harm to persons working on or near the location. Should Lessor receive notice from the County that there are noxious weeds on the Leased Lands, Lessor shall promptly notify Lessee and Lessee shall have 14 days from receipt of such notice in which to resolve any issues with Weld County. Lessee shall be responsible for any and all costs or fines associated with non-compliance and shall fully indemnify Lessor against any such costs or fines. In addition to controlling and abating noxious weeds, Lessee will not allow the grass/vegetation to grow above the height of 14 inches. 11. PROHIBITED ACTIVITIES. Lessee further covenants and agrees that it will not: a. prospect for or drill, excavate, quarry or mine for oil, gas, coal, geothermal energy, stone, fossils, sand and gravel or other minerals situated upon, with or underneath the Leased Land, nor permit or purport to authorize the same by third party; b. disturb any archeological or cultural sites; c. cut any trees (live or dead) without prior written consent; d. establish water courses or ditches; e. burn or initiate any tires on the Leased Land; f. overgraze the Leased Lands; g. undertake any operations that would diminish the value of, impair the marketability of or otherwise injure the Leased Land or permanent improvements; h. interfere with Lessor's reserved rights to the use and occupancy thereof; i. allow any noxious weeds to go to seed on the Leased Lands; j. make any improvements to the Leased Lands not consented to by Lessor; or, k. remove, replace or change the location of any permanent fences or irrigation structures, nor in any way or manner otherwise damage the Leased Lands or any part thereof, permit others to do so. 12. CARE AND USE. Lessee covenants and agrees with Lessor that Lessee has received the Leased Land and improvements, if any, in good order and condition and that at the expiration of this Lease Lessee shall deliver the Leased Land to Lessor in as good order and condition as when entered upon and possession taken by Lessee, ordinary wear and 3 t 0003 2969 - 1 tear excepted. During the term hereof, Lessee shall keep the Leased Lands free of trash and debris. 13. INDEMNIFICATION. Lessee shall be strictly liable for, and shall indemnify and save and hold harmless Lessor, and its affiliates, and its and their officers, employees and agents, against and from any liability, loss, damage, claims, demands, costs and expense of whatsoever nature, including court costs and attorney fees growing out of personal injury to or sickness or death of persons whomsoever, or loss or destruction of or damage to property whatsoever, where such personal injury, death, sickness, loss, destruction, or damage arises in any way in connection with or incident to the occupation or use of the Leased Land by, or the presence thereon of, Lessee, its officers, agents, employees, servants, and invitees, unless caused by the sole active negligence of Lessor, its affiliates, and its and their officers, employees and/or agents. The term "affiliate" (or "affiliates" as the case may be) as used herein means any entity which directly or indirectly controls, or is controlled by, or is under common control with Lessor. Lessee shall be responsible for the purchase and maintenance of suitable commercial general liability insurance in the amount of one million dollars per occurrence ($1,000,000), with a two million dollar ($2,000,000) general aggregate, which must include, but is not limited to, protecting Lessor from liability in the event of loss of life, personal injury or property damage suffered by any person or person's using the Leased Lands. The policy must be endorsed with a waiver of subrogation against the Lessor and certificate of insurance shall be furnished to Lessor establishing that such insurance has been acquired prior to the execution of this lease. Should Lessee already have commercial general liability insurance in the amount specified, proof of insurance must still be provided. Lessee shall be responsible for maintaining insurance during the entire term of this Lease. Lessee is responsible for notifying Lessor immediately as to any changes to or cancellation of the policy. 14. WATER. Lessee shall not, nor permit other parties to. make application for water rights. explore for, drill, develop. produce or extract any water situated upon, within or underneath the Leased Land without receiving the prior written consent of Lessor. If Lessee initiates or establishes any water right on the Leased Land, such right shall become appurtenant and attached to said Leased Lands, and upon the expiration or termination of this Lease for any cause shall become the property. and inure to the benefit of Lessor without any cost to it. Lessee may make use of any water rights previously established upon the Leased Land subject to the needs and requirements of Lessor and the terms or conditions of applicable permits. 15. SURRENDER. Upon termination of this Lease, Lessee covenants and agrees to promptly vacate possession of the Leased Land and remove all personal property belonging to Lessee within ten (10) days of the termination of this Lease. If Lessee shall fail to remove personal property belonging to Lessee within ten (10) days of the termination of the Lease, Lessor may either: a. Take and retain possession of the personal property; or 4 00032969 - I ; b. Have the personal property removed from the Leased Lands. Lessee shall reimburse Lessor for the costs related to the removal of the personal property. Lessee indemnifies and holds Lessor harmless for any damage that may occur during the removal of personal property from the Leased Lands. 16. UNLAWFUL USE. Lessee shall not use the Leased Land, nor permit the same to be used, for any purpose or activity that may constitute a nuisance or for any purpose prohibited by the laws, rules or regulations of the United States of America, the state of Colorado or the county of Weld, and Lessee shall comply with all such laws, rules and regulations, or ordinances, including, without thereby limiting the generality of the foregoing, any and all sanitation. environmental and pollution laws, rules and regulations, and all applicable ordinances, rules. regulations, requirements and laws of any governmental authority controlling environmental standards, activities and conditions on the Leased Land. If, as a result of Lessee's operations hereunder, any ordinances, rules, regulations, requirements or laws are violated, Lessee shall protect, hold harmless, defend and indemnify Lessor and its officers. agents and employees, from and against any penalties, fines, costs and expenses, including legal fees and court costs imposed upon or incurred by Lessor and its officers, agents, and/or employees, caused by. resulting from, or connected with such violation or violations. 17. LIENS. Lessee shall not suffer or permit any mechanic's lien, or other lien, to be filed against the Leased Land, or any part thereof, by reason of work, labor, service, or materials supplied, or claimed to have been supplied, to Lessee_ or anyone claiming under Lessee. If any such lien shall at any time be filed against the Leased Land, Lessee shall cause the same to be discharged of record within thirty (30) days of the date of filing the same, and if Lessee shall fail to discharge such lien within such period, then Lessor may, at its option, discharge the same by paying the amount claimed to be clue without inquiry into the validity of the same and Lessee shall thereupon promptly reimburse Lessor for any payment so made. 18. ATTORNEY FEES. Should Lessor be required to bring about any civil action to enforce any aspect of this Lease. Lessee shall pay all costs associated therewith. including Lessor's reasonable attorney's fees and court costs. 19. TERMINATION. This Lease may be terminated upon ninety (90) days' written notice given by either party. If Lessee shall remain in possession of the Leased Land for more than ten (10) days after the termination of this Lease, including but not limited to Section 20, Lessee shall be deemed guilty of forcible detainer of the Leased Land and trespass under Colorado law, and shall be subject to eviction and removal, forcible or otherwise, with or without notice or process of law. 20. ASSIGNMENT AND SUBLETTING. Lessee may not let or sublet the Leased Land, in whole or in part, or assign this Lease without the prior written consent of Lessor, and Lessee shall not permit any other person or entity to pasture or place Livestock on the 5 ; 00032969 - I } Leased Land. 21. PERFORMANCE. The failure or default on the part of the Lessee in payment of the rent and taxes to be paid by Lessee, or in keeping and performing any of the agreements or conditions herein provided, shall operate as a forfeiture of this Lease and Lessor may, subject to Section 18, thereupon take possession of the Leased Land herein, together with, at Lessor's option, all improvements which may have been placed thereon. 22. TAXES; UTILITIES. Lessee shall pay, before the same shall become delinquent, all taxes levied during the life of this Lease upon any personal property, fixtures and improvements placed upon the Leased Lands, or to reimburse Lessor for sums paid by Lessor for such taxes. Lessee shall pay the charges for utilities used by Lessee on the Leased Lands directly to the provider or providers thereof. Lessor shall have no liability or responsibility whatsoever with regard to the existence of, provision of or payment for utility services. 23. HUNTING. Lessee shall not hunt on the Leased Land nor permit or authorize others to do so. 24. HAZARDOUS WASTES. Lessee is advised that the generation, transportation, treatment, storage and disposal of hazardous wastes are controlled by the Federal Resource Conversation and Recovery Act of 1976 and regulations issued pursuant to the Act and subsequent Acts by the United States Environmental Protection Agency (EPA) and state agencies. If Lessee's use of the Leased Land for agricultural purposes shall include any regulated hazardous waste activities, Lessee shall obtain a hazardous waste permit from the EPA and appropriate state agency and shall provide copy of same to Lessor. Unless directly related to agricultural purposes, no hazardous waste activities are permitted under this Lease whatsoever. 25. ACCEPTANCE OF LEASED LANDS; DISCLAIMER. LESSOR ANI) LESSEE RECOGNIZE, STIPULATE AND AGREE THAT LESSEE HAS ACCEPTED THE LEASES) LAND IN ITS CURRENT "AS -IS°', "WHERE -IS- CONDITION AND WITH ALI, FAULT'S AND WI l i-IOUT ANY WARRANTY, REPRESENTATION, EXPRESSED OR IMPLIED, CONCERNING THE CONDITION OR CHARACTERISTICS OF THE LEASED LANDS. WITHOUT LIMITING THE FOREGOING, LESSOR MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE CONDITION OF THE LEASED LANDS, OR "IHE FITNESS OF TILE LEASED LANDS FOR ANY PURPOSE. 26. IMPROVEMENTS TO THE LEASED LANDS. Should Lessee desire to make improvements to the Leased Lands that will remain a part of the Leased Lands beyond the termination of this agreement, Lessee will request permission from Lessor in writing and both parties will discuss the cost, location and labor needed for such improvements. The nature of improvements and obligations of both parties will be covered under a separate agreement to be discussed by Lessor and Lessee outside the scope of this lease. 6 { 00032969 - I i 27. EFFECT. This Lease shall inure to the benefit of the successors and assigns of the parties, subject however to Sections 8 and 19 hereof. 28. WAIVER OF JURY TRIAL. Lessor and Lessee each hereby waive any and all rights to a trial by jury of any and all issues arising in any claim, action, proceeding, or counterclaim between Lessor and Lessee (or their successors, assigns, personal or legal representatives or heirs) under or in connection with this Lease, any of its provisions, the use or occupancy of the Leased Land, the relationship of Lessor and Lessee, and/or any claim for injury or damage. If either Lessor or Lessee is a partnership, this waiver shall be binding upon the parties of each as well. 29. GOVERNING LAW, ENTIRETY OF LEASE AND PARTIAL INVALIDITY. This Lease shall he governed by the State of Colorado. If any provision in the Lease is held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 30. COUNTERPARTS. This Lease may be executed in counterparts and, when counterparts of this Lease have been executed and delivered by both of the parties hereto, this Lease shall be fully binding and effective, just as if both of the parties hereto had executed and delivered a single counterpart hereof. Without limiting the manner in which execution of this Lease may otherwise be effected hereunder, execution by either party may be effected by facsimile or email pdf transmission of a signature page hereof executed by such party. [Signature page (allows] 7 ,00032969 - 1 ; IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, hereby have executed this Lease under their respective hands and seals as of the day and year first above written. LESSOR: Blackfox Real Estate Group, a Colorado limited liability company By: Name: Title: \"7"*" LESSEE: JOHNSTON FAMILY FARMS LLC, a Colorado limited liability company By: Name: Title: 00032969 - I } i= f G.i�:�_ 8 Exhibit A Legal Description of Leased Land FRE AV OUTLOT B ANGEL VIEW ESTATES EXC SAVANNAH 9 00032969 - 1 ) WELD COUNTY ONLINE � _ fi{ i 6s=ar } / F i, it ..� 215 7cSt x �c3 d •t ~� '��'t g .y f .. ; v AE Stl 6 79'. Fab` 8 :. ,a, i 4i ,fz2 T r [ T� 12 F ° s ka�3:tt)6 1s: ANGE_ i VIEW• DR `". �...-.-. yt1 ' [i,1 r �. tf d a, I VUDcp ` { 7(p� 1 :} y o 3 .5" f, ,., F i{' , C f3 1 t`} FT9(S 3 4)4ti1 4, " Legend Parcels — Highway Hi hwa i__1 County Boundary daw . Ciri t xr 3 4 0 • r $ fp' _ Y9 29 , ,. 4" to a GG a .. Y a 57 6 .n' LTV V r ' '� h:� g 6 t4 4 . ., r,' - . 1 YiDENEOREE•K4J3U NL7 ;fi+J7�i L 3d� r � e 5 &4 r &} 793 ` . r a w F+ ig amp ![ t :; y 4� 6 ' a �. 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