HomeMy WebLinkAbout790361.tiff RESOLUTION
RE: ACCEPTANCE OF CASH RENTAL LEASE WITH PHIL MILLER FOR 1979 .
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, Phil Miller, d/b/a North American Livestock, cur-
rently leases a portion of the Davis Ranch, more specifically,
Tract "A" and Tract "B" , and
WHEREAS, Bette Rhoden, Weld County Purchasing Director,
has informed the Board of County Commissioners that Phil Miller
has submitted a new lease for 1979 concerning the abovedescribed
property, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, the Board of County Commissioners, after reviewing
said lease, finds that it would be in the best interests of Weld
County to accept said lease.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Cash Rental Lease
for 1979 between Weld County, Colorado and Phil Miller, d/b/a
North American Livestock be, and hereby is, accepted.
The above and foregoing Resolution was on motion duly made
and seconded, adopted by the following vote on the 27th day of
December, A.D. , 1978.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COUNTY, COLORADO
Weld County Clerk and RecorderP�—
and Clerk to the Boa
.tl4111,4-/ :
Y,1
O.217: / c /1//j !A
Deputy County C rk /1
P D AS TO FORM:
�•_� County Attorney
DATE PRESENTED: MAY 30 , 1979
PROP 790361
CASH RENTAL LEASE
THIS LEASE is effective the 1st day of January, 1979 , by
and between WELD COUNTY, A POLITICAL SUBDIVISION OF THE STATE
OF COLORADO, BY THE BOARD OF COUNTY COMMISSIONERS FOR ITS
RESPECTIVE INTERESTS, hereinafter called Lessor, and PHIL
MILLER, D/B/A NORTH AMERICAN LIVESTOCK, hereinafter called
Lessee,
WITNESSETH:
The Lessor hereby leases to the Lessee to occupy and use
for agricultural and related purposes the property described
in Exhibit "A" , attached hereto and incorporated herein by
reference.
1. TERM - The term of this Lease shall be from January
1, 1979 , to January 1, 1980 , and this Lease shall then
terminate.
A. CONTINUOUS OCCUPANCY - The Lessee agrees that he or
his agent will possess and occupy the property
continuously during the term of the Lease, and
shall not have the right of assignment of this
Agreement.
B. SURRENDER OF POSSESSION - The Lessee agrees to
surrender possession and occupancy of the premises
peaceably at the termination of the Lease.
C. REVIEW OF LEASE - A request for review of any por-
tion of this Lease or any of the terms and condi-
tions thereof, must be made and agreed to by and
between the parties no later than the 1st day of
September in the year prior to the termination of
this Lease or any renewal thereof. All amendments
and alterations to this Lease shall be in writing
and signed by both parties to this Lease.
2 . RENT - The rent to be reserved by, and paid to Lessor
shall be the sum of cash rental of Two Thousand Four
Hundred Dollars ($2 ,400 .00) , payable on or before the
1st day of January, 1979 .
3. RIGHT OF ENTRY - The Lessor reserves the right of the
County, its agents, its employees, or its assigns to enter the
property at any reasonable time for purposes (a) of consultation
with the Lessee; (b) of making inspections; (c) of developing
mineral resources including the extraction of sand and gravel ;
and (d) after notice of termination of the Lease is given, of
plowing, seeding, fertilizing, and such customary seasonal work;
none of which is to interfere with the Lessee in carrying out
regular farm and ranch operations .
4. RIGHT TO LEASE - The Lessor warrants that he has the
right to lease the property, and will defend the Lessee ' s posses-
sion against any and all persons whomsoever.
5. GENERAL MAINTENANCE The Lessee will operate the prop-
erty during his tenancy in a manner commensurate with good farming
and ranching practices in Weld County. Upon the termination of
this Lease, the Lessee shall return the property in the same
condition as said property was received by the Lessee on the 1st
day of January, 1979 , normal wear and depreciation excepted, and
further all damage from causes beyond the Lessee ' s control ex-
cepted. The Lessee shall perform a general routine maintenance
and repairs as needed on all fences and buildings , including any
houses present on the property. The Lessor shall perform all major
repairs , as needed, and further agrees that said Lessor will make
all repairs to all wells upon the premises leased. Whenever any
fences need to be repaired, the materials shall be supplied by
the Lessor and the labor shall be furnished by the Lessee. Lessor
agrees to perform all major maintenance on all irrigation ditches
and head gates including, cement work, and Lessee agrees to per-
form all routine maintenance on all irrigation ditches and head
gates and further, Lessee agrees to perform all maintenance on
all irrigation ditches and head gates when damage is caused by
livestock or is caused by any negligent act of the Lessee.
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6. GOOD HUSBANDRY - The Lessee will operate the property
in an efficient and husband like way, will do the pasturing,
plowing, seeding, cultivating and harvesting in a manner that
will conserve the Lessor ' s property.
A. The Lessee will not commit waste on, or damage to,
the property and will use due care to prevent others from
so doing.
B. The Lessee will not, without written consent of the
Lessor, (a) plow permanent pasture or meadowland, irrigated
pasture excepted, (b) cut live trees for sale or personal
uses, (c) allow livestock other than his own on stalkfields
or stubblefields , and (d) burn or remove cornstalks, corn-
cobs, straw or other crop residues grown on the property.
C. The Lessee will use diligence to prevent noxious weeds
from going to seed on the property and will destroy the
same, and will keep the weeds and grass cut or destroyed
on the fields, farmstead, roadside and fence rows.
7. ADD IMPROVEMENTS - The Lessee will not, without written
consent of the Lessor, (a) erect or permit to be erected on the
property any nonremovable structures or buildings, or (b) incur
any expense to the Lessor for such purpose, or (c) add electrical
wiring, plumbing or heating to any buildings , and if consent is
given, he will make such additions meet standards and require-
ments of power and insurance companies.
8. WATER - Lessor agrees that Lessee shall have all water
for domestic and/or irrigation which Lessor owns with said prop-
erty. Lessee shall pay all water assessments.
9 . The obligations, benefits, terms and conditions of this
Lease shall inure to and be binding upon the heirs , and personal
representatives of the Lessee.
10. DWELLING ON THE PREMISES - Lessee shall not lease the
dwelling on the premises, as such dwelling does not meet the stand-
ards required by the Weld County Building Code; nor shall Lessee
permit anyone to occupy such dwelling. If Lessee permits such
occupation then Lessee shall be liable for any resulting damages
or injury that may occur from such occupation.
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IN WITNESS WHEREOF, the said parties have hereunto sub-
scribed their names and signed the same this 10th day of
May , 1979 , nunc pro tunc January 1, 1979 .
WELD COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF COLORADO,
BY THE BOARD OF COUNTY COMMISSIONERS
FOR ITS RESPECTIVE INTERESTS
(LESSOR)
.4÷Yeeter, "an .4.e,,
na al
ATTEST: I la, l vA)twit£u.t.
Weld County CIerk and Recorder
and Cle
rk to the B a p
By:
eputy County C erk / i\\ '\
( AF y6VF AS TO F /
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County Attorney
ACCEPTED:
Na a A.,,„:„:4-4
Lessee` a:1/4_ C e4
STATE OF COLORADO ) C�%�
SS.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this
20th day of March , 1979 , by Morth American LivpStnck by
Philip E. Higbee
My commission expires : April 1 , 1989 •
(-71,--n- 44-1--“--4---
' .tary Public JoAnn Lebsack
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EXHIBIT A
The Davis Property comprised of Tracts "A" and "B" together with
the improvements thereon, and more particularly described as follows :
Beginning at the North Quarter Corner (Na Cor) of Section 1 , Town-
ship 5 North , Range 65 West of the 6th P .M. , Weld County, Colorado
and considering the North/South centerline of Section 1 , as bearing
S 00° 33 ' 14" W, with all other bearings contained herein being
relative thereto.
Thence S 00° 33 ' 14" W along the North/South centerline of said
Section 1 , 3175 . 57 feet to a point on the southerly R.O.W. line
of Colorado State Highway #263 , to the True Point of Beginning;
Thence along southerly R.O.W. line N 78°10 ' 11" E, 1100 . 70 feet;
Thence leaving said southerly R.O.W. line of Highway #263
S 03°47 ' 04" E, 425. 12 feet to a point on the approximate north-
westerly R. O.W. line of the Ogilvy Ditch as now constructed ;
Thence along said approximate Northwesterly R.O.W. line of said
Ogilvy Ditch the following courses :
S 79 °23' 31" W 242. 99 feet;
S 77°44 ' 05" W 188 . 75 feet;
S 34 °47 ' 38" W 382 . 62 feet;
S 63`47 ' 35" W 127 . 25 feet;
N 82°05 ' 07" W 63. 15 feet;
N 43°15 ' 05" W 152. 37 feet;
N 60°38' 55" W 214 . 30 feet; said point being the SW corner of
Tract "A" and the SE corner of Tract "B" ;
Thence N 76°02 ' 33" N, 67. 72 feet to the SW corner of Tract "B" ;
Thence leaving said approximate Northwesterly R.O.W. line of said
Ogilvy Ditch N 02°58 ' 31" W 394 . 35 feet; to a point on the Southerly
R. O.W. line of Colorado State Highway #263 ;
Thence along said Southerly R.O.W. line N 78°10 ' 11" E , 92 . 30 feet
to the True Point of Beginning.
Said parcels contain 14 . 14 acres more or less .
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