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Home My WebLink About790913.tiff P"1 RESOLUTION RE: APPROVAL OF CASH RENTAL LEASE BETWEEN DAVE DiTIRRO AND WELD COUNTY, COLORADO AND AUTHORIZATION FOR THE BOARD OF COUNTY COMMISSIONERS TO SIGN THE SAME. 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 County of Weld, State of Colorado, is the owner of the following described property, to-wit: All that part of Lot Seven (7), in the South Half of the Southwest Quarter (S'SW') of Section Eighteen (18), Township Two (2) North, Range Sixty-Six (66) West of the 6th P.M., lying South and West of the South Platte River, according to The Lupton Meadows land Coapany Map of Division No. 1 recorded in Book 5 of Maps, Page 13, Weld County records, and lots Seven (7) and Eight (8) in the South Half of the Southeast Quarter (SASE') of Section Thirteen (13) , Township Taro (2) North, Range Sixty-seven (67) West of the 6th P.M. , according to Division No. 1, Map made by The Lupton Meadows land Conpany; and All that part of lot Five (5) of the Northwest Quarter of the Southwest Quarter (NW4SW'-4) of Section Eighteen (18), Township Taro (2) North of Range Sixty-six (66) West of the 6th P.M., according to Division No. 1 Map ode by The Lupton Meadows Land Conpany, lying West of the South Platte River; and A strip of land 100 feet wide, containing 3.04 acres, more or less, being 50 feet wide on each side of the center line of 'The Denver, Laramie and Northwestern Railway Conpany (formerly a Wyoming corporation) , as originally located, over, across and through the South- west Quarter of the Southeast Quarter (SW'SE;) of Section Thirteen (13) Township TWo (2) North, Range Sixty-seven (67) West of the 6th P.M. , said center line being Wore fully described as follows: Beginning at a point on the South lire of said SW1/4SE4 of said Section 13, 660 feet, more or less, Fast of the Southwest corner of said SW'SEa of said Section 13; thence North 7°58' West to a point on the North line of said SWNSE4 of said Section 13, 465 feet, more or less, East of the North- west corner of said SW3SE'r of said Section 13; excepting 1.7 acres, more or less, as conveyed by Deed recorded in Book 1257, Page 497, Weld County rewrds; Together with 86 shares of the capital stock of Lupton Meadows Ditch Ca[pany and one (1) adjudicated irrigation well together with pimp, motor, and any and all other water rights or equipment used in connection with the operation of the property. Except approximately seven (7) acres that are presently being mined by Weld County. The total acreage leased comprises of approximately 30-33 acres, more or less, which are only the productive acres remaining. 790913 r . -; WHEREAS, the Board of County Commissioners of Weld County, Colorado has determined that it would be in the best interest of the County to enter into a cash rental lease agreement with Dave DiTirro 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 Commis- sioners of Weld County, Colorado that the cash rental lease agree- ment between Dave DiTirro and Weld County, Colorado be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that said Board of County Commissioners be, and they hereby are, authorized to sign said cash rental lease agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of March, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO *a-Ye...4.4, 4,044-2243.4.2 Ca-Yu) 'CaLvkvid/22> cE , ATTEST: TQ 1 wittiitp .Cr! Weld County lerk and Recorder and _ erk to the Boa . B u y�County Cle APP ED AS TO Fi : . : V County Attor y Date Presented: March 28 , 1979 eTh n CASH RENTAL LEASE THIS LEASE is effective the 1st day of March, 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 Dave DiTirro 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 March 1, 1979, to January 1, 1980, and this Lease shall continue in effect from year to year for a period not to exceed three consecutive years, unless either party shall give written notice to the other of termination not less than ninety (90) days prior to expiration of this Lease or renewal thereof. A. CONTINUOUS OCCUPANCY - The Lessee agrees that he or his agent will posses and occupy the property continuously during the term of the Lease, and shall not have the right of assign- ment 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 a review of any portion of this Lease or any of the terms and conditions 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 amend- ments 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 One Thousand Nine Hundred Eighty Dollars ($1,980. 00) per year, payable on or before the 1st day of January of each and every year. There must be no deduction made from the rent for any reason unless prior written approval is given by Weld County. 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 March, 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 furnised 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. -2- 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. -3- IN WITNESS WHEREOF, the said parties have hereunto sub- scribed their names and signed the same this 28th day of March , 1979. WELD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, BY THE BOARD OF COUNTY COMMISSIONERS FOR ITS RESPECTIVE INTERESTS ESSOR) nn C 'S tip, 96,7222.91S-if---ril;2-406 ATTEST: 11 ie�4 2•-<.<-C i Herz Weld County Clerk and Recorder and Clerk to the B Y: eputy un y C erk APPR D AS TO FORM: ttOR County Attorney ACCEPTED- c Lessee STATE OF COLORADO ) SS. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of cord , 1979 , by /Aardl,l %Ike_ My commission expires : Z`ommission5*&Si;<<.Y=; ;; genCiCctialic -4- rr. EXHIBIT A All that part of Lot Seven (7) , in the South Half of the South- west Quarter (S'SW;) of Section Eighteen (18) , Township Two (2) North, Range Sixty-six (66) West of the 6th P.M. , lying South and West of the South Platte River, according to The Lupton Meadows Land Company Map of Division No. 1 recorded in Book 5 of Maps, Page 13 , Weld County records , and Lots Seven (7) and Eight (8) in the South Half of the Southeast Quarter (51/25E') of Section Thirteen (13) , Township Two (2) North , Range Sixty-seven (67) west of the 6th P.M. , according to Division No. 1, Map made by The Lupton Meadows Land Company; and All that part of Lot Five (5) of the Northwest Quarter of the Southwest Quarter (NW4SWa) of Section Eighteen (18) , Township Two (2) North of Range Sixty-six (66) West of the 6th P.M. , according to Division No. 1 Map made by The Lupton Meadows Land Company, lying West of the South Platte River; and A strip of land 100 feet wide, containing 3. 04 acres , more or less, being 50 feet wide on each side of the center line of The Denver, Laramie and Northwestern Railway Company (formerly a Wyoming corporation) , as originally located , over, across and through the Southwest Quarter of the Southeast Quarter (SW4SEe) of Section Thirteen (13) Township Two (2) North, Range Sixty- seven (67) West of the 6th P.M. , said center line being more fully described as follows : Beginning at a point on the South line of said SW:SE; of said Section 13, 660 feet,, more or less , east of the southwest corner of said SW;SE; of said Section 13 ; thence North 7°58 ' West to a point on the North line of said SW;SEQ of said Section 13, 465 feet, more or less, east of the northwest corner of said SW;SE; of said Section 13 ; excepting 1. 7 acres, more or less , as conveyed by Deed recorded in Book 1257, Page 497, Weld County Records; Together with 86 shares of the capital stock of Lupton Meadows Ditch Company and one (1) adjudicated irrigation well together with pump, motor, and any and all other water rights or equipment used in connection with the operation of the property. Except approximately seven (7) acres that are presently being mined by Weld County. The total acreage leased comprises of approximately 30-33 acres more or less, which are only the productive acres remaining. Hello