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Home My WebLink AboutC97-117 Jac LamanC971174 PASTURE LEASE BY AND BETWEEN EAGLE COUNTY, STATE OF COLORADO AND -To"- LCXIMa_rJ TYJ,AGREEMENT (hereinafter cal��d "Lease") is entered into this day of , 199q, -"by and between the County of Eagle, Colorado, a body politic and corporate, acting by and through its Board of County Commissioners (hereinafter called "Landlord") , and 5,q < -? (hereinafter called "Tenant" WHEREAS, Landlord owns certain real property in the County of Eagle, State of Colorado, consisting of approximately 43 acres located adjacent to and being a part of the Eagle County Fairgrounds and depicted on the map attached hereto marked as Exhibit "A" and incorporated herein by this reference (hereinafter called "Leased Premises"); and WHEREAS, Landlord is authorized by C.R.S. §30-11-1010 to lease the Leased Premises; and WHEREAS, Tenant has inspected the Leased Premises; and WHEREAS, Tenant wants to lease the Leased Premises on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the promises set forth below and for other good and valuable consideration, the parties agree as follows: 1. LEASE: Landlord leases to Tenant the Leased Premises. 2. USE: a. The Leased Premises shall be used only for hay production; no livestock shall be allowed to graze on the Leased Premises except as specifically authorized by Landlord in writing. b. Tenant shall not use the Leased Premises for any purpose calculated to injure or deface the same, or to injure the reputation or credit of the Leased Premises, Landlord, or of the neighborhood. C. Tenant will not use the Leased Premises for any purpose except for those expressly permitted. Under no circumstances shall Tenant use the Leased Premises for 1 storage of equipment, salvage, waste items, or hazardous material. 3. TERM: a. This Lease shall be for the 1997 hay season beginning on the earlier of the date first written above or May 1, 1997, and ending on the 30th day of September, 1997. b. This Lease shall automatically renew for the next haying season (May 1 - September 30 of a calendar year) unless one party gives the other written notice, on or before the December 31 following the expiration date (that is, between haying seasons), of its intention not to renew; provided, that there shall be no more than two (2) such automatic renewals. C. Either party, with or without cause, may terminate this Lease upon giving thirty days prior written notice of such termination to the other party. 4. RENT: Rent shall consist of cash payment for the hay productign on the Leased Premises. Tenant shall pay Landlord $ "-� per ton of all hay production from the Leased Premises. Rent is payable not later than 90 days after hay is harvested, by checks made payable to the Eagle County Treasurer and mailed to the Eagle County Building & Grounds Department, P.O. Box 850, Eagle, CO 81631. 5. CROP PRODUCTION: Tenant shall be solely responsible for all aspects of hay production on the Leased Premises. Tenant shall: a. faithfully cultivate the Leased Premises in a timely, thorough, and ranch -like manner if and when needed; b. faithfully harvest the Leased Premises in a timely, thorough, and ranch -like manner; C. follow standard disease treatments of all seeds; d. not burn straw or other crop residues except by permission of Landlord. 5. UTILITIES: a. There are no utilities providing service to the Leased Premises and Tenant shall be solely responsible for the cost of installing and maintaining utility service to the Leased Premises, subject to Landlord's prior written consent. 2 b. There are underground and overhead utility mains on the Leased Premises. Tenant is responsible for protecting those from damage in the course of Tenant's activities on the Leased Premises. 5. IRRIGATION AND WATER: a. Landlord owns a share in the Neilson South Ditch which has historically been used to irrigate the Leased Premises. The Neilson South Ditch also supplies the Western Eagle County Metropolitan Recreation District (WECMRD) leasehold and a gravel pit, both at the lower end of the Neilson South Ditch, below the Leased Premises. b. Landlord owns all of the water flowing through the Neilson Pumpline Ditch which has historically been used to irrigate the Leased Premises. C. Tenant shall take those steps reasonably necessary to irrigate the Leased Premises using Landlord's rights in the Neilson South and the Neilson Pumpline Ditches and using customary irrigation practices. d. Landlord will maintain the main ditches serving the Leased Premises and make every reasonable effort to deliver as much water to the Leased Premises as practical. e. Tenant shall maintain the ditches on the Leased Premises. f. Tenant acknowledges that Landlord is obligated to deliver a minimum of 1 CFS flow to the properties at the lower end of the Neilson South Ditch. Therefore, notwithstanding the Tenant's obligations under subparagraph 'c' hereof, Tenant shall take all steps reasonably necessary, including ditch maintenance and nonuse of water, to assure a minimum flow of 1 CFS to the WECMRD intake on the Neilson South Ditch, provided that the minimum flow to the Leased Premises on that ditch is at least 1 CFS. g. Tenant acknowledges that his failure to perform his obligations under either subparagraphs 'c' or 'f' hereof will be material breaches of the lease, for which the lease shall be terminated immediately. h. Tenant acknowledges that irrigation water is subject to availability based on water rights, ditch conditions and limitations, acts of nature, acts of others having or claiming ditch rights or having ditch access, and the actual flows with respect to the Leased Premises, and all water, water rights and ditch rights which are a part of this Lease 91 or otherwise available for the use of Tenant are subject to those conditions. Landlord makes no warranty or representation that or to what extent water, pursuant to the rights herein described, will be available. I. Except as specifically provided in subparagraphs 'a' and 'b' hereof, the Leased Premises do not include any water, water right, or ditch right. 7. TERMINATION: At the expiration of the term hereof, or earlier termination, Tenant shall yield up the Leased Premises to Landlord without further notice in as good or better condition as when the same were entered upon by the Tenant, with loss by ordinary wear excepted; and Tenant will be allowed to remove only that fencing which was installed with Landlord's consent during the term hereof. S. LANDLORD'S DUTIES: Landlord will pay all assessments that shall be levied upon the Leased Premises during the term hereof for water in the ditches. 9. TENANT'S DUTIES: In addition to duties covered elsewhere in this Lease, Tenant shall: a. not remove or relocate any fences or irrigation ditches that are on the Leased Premises at the commencement of this Lease without the prior written consent of Landlord; b. keep the buildings, fences, irrigation ditches and other improvements on the Leased Premises in as good repair and condition as they are at the commencement of the lease, or in as good repair and condition as they may be put by Landlord during the term of this Lease, ordinary wear, loss or unavoidable destruction excepted; C. perform routine cleaning and maintenance of irrigation ditches; d. promptly and fully pay for all materials joined or affixed to the Leased Premises pursuant to this Lease and pay all persons who perform labor on the Leased Premises, and Tenant shall not permit or suffer any mechanic's liens or material suppliers' liens of any kind or nature to be enforced against the Leased Premises or the Lease for any work done or materials furnished on the Leased Premises at Tenant's instance or request; e. meet all expenses and payments in connection with the rights and privileges herein granted, including taxes, 4 permit fees, license fees and assessments lawfully levied or assessed upon Tenant, subject to Tenant's right, at its sole expense and cost, to contest any tax, fee or assessment; f. comply with all Federal, state and local laws, ordinances, rules and regulations which may apply to the occupancy or use of the Leased Premises and/or the conduct of the business contemplated, including rules and regulations promulgated by the County, and Tenant shall keep in effect and post in a prominent place all necessary and/or required licenses or permits; g. harvest and remove all hay produced on the upper east field (aka the Butters Field) no later than July 4, 1997, at which time that field shall be free from any obstructions, including unbaled hay, broken bales of hay, and machinery. 10. IMPROVEMENTS: Tenant shall construct no structures or other improvements of a permanent character without Landlord's written consent, and all such improvements will remain with the Leased Premises and be the Landlord's property upon the expiration of the term or earlier termination of this Lease. 11. ASSIGNMENT: Tenant shall not sublet or assign the Leased Premises or this Lease, or any part thereof, without the written consent of Landlord. Unless Landlord's written consent expressly provides otherwise, no sublease or assignment to which Landlord has given its consent shall relieve Tenant from its responsibilities under this Lease. Landlord's consent to one assignment or subletting shall not be a consent to any subsequent assignment or sublease. 12. LANDLORD'S REPRESENTATIONS: Landlord makes no representations about the conditions of the Leased Premises nor about their suitability for any purpose whatsoever, and Landlord specifically makes no representation of the adequacy or availability of water. 13. TENANT'S REPRESENTATIONS: Tenant represents and warrants that it has inspected the Leased Premises before entering into this Lease and has made those investigations of the Leased Premises and the suitability of their use for its purpose as it deems best in its own judgment. Tenant further represents and warrants that it is experienced in leasing and operating hay producing lands in the Rocky Mountains of the same or similar nature of the Leased Premises, and that in entering into this Lease it has sought and used such professional advice as it deems appropriate in the circumstances. 5 14. INSURANCE AND INDEMNITY: a. Tenant uses the Leased Premises at its own risk and Landlord assumes no liability for any injury or damage to Tenant or any of Tenant's property. b. Tenant shall obtain comprehensive liability insurance coverage in which County is named an additional insured and covering liability for personal injury and death and property damage occurring on the Leased Premises or arising out of Tenant's use of the Leased Premises. Such coverage shall be in the minimum amount of $150,000 per person, $600,000 per occurrence for personal injury and death and $600,000 per occurrence property damage, or such greater amounts as may be specified in the Colorado Governmental Immunity Act. Tenant shall provide a certificate of such insurance to County before the commencement of the term of this Lease and upon every change or renewal of the coverage during the term. C. Tenant shall obtain workmen's compensation insurance applicable to its use of the Leased Premises if, and in the amount of coverage, required by the laws of the State of Colorado. Tenant shall provide a certificate of such insurance to County before the commencement of the term of this Lease and upon every change or renewal of the coverage during the term. d. Tenant shall hold harmless, indemnify and defend Landlord and Landlord's commissioners, officers, employees and agents, and their respective insurers, from and against any and all liability, costs, expenses, liens and claims for loss of or damage to property and for injuries to or deaths of persons arising directly or indirectly from the use of the Leased Premises by Tenant. 15. DEFAULT: If the rent above reserved, or any part thereof, shall be in default, or in case of a breach of any of the covenants or agreements herein, Landlord may declare this Lease terminated, and after the expiration of three days from the date of the service of a written notice to that effect, Landlord shall become entitled to the possession of the Leased Premises without any further notice or demand. In case the Landlord shall become entitled to the possession of the Leased Premises either by the expiration of this Lease or by any termination of said term as herein provided for, and the Tenant shall refuse to surrender and deliver up the possession of the Leased Premises, after the service of the notice as stated above, then and in that event Tenant, and all persons in possession under Tenant, shall be deemed guilty of unlawful detention of the Leased Premises and C the Landlord may, without further notice or demand, enter into and upon the Leased Premises, or any part thereof, and take possession thereof and repossess the same as of the Landlord's former estate, and expel, remove and put out of possession the Tenant, and all persons in possession under Tenant, using such help, assistance and force in so doing as may be needful and proper, without being liable for prosecution or damages therefor, and without prejudice to any remedy allowed by law available in such cases. Landlord shall be entitled to recover from Tenant all damages by reason of Tenant's default, including but not limited to the cost to recover and repossess the Leased Premises, the expenses of reletting, attorney's fees and the rent for the balance of the term of this Lease. 16. LANDLORD'S RIGHT OF ENTRY AND USE: Landlord shall have free access to the Leased Premises, including any building or structure that may at any time be on such property, at all reasonable times for the purpose of examining or inspecting the condition of such property, exhibiting the same, making any needful repairs or alterations of such premises as Landlord may see fit to make, and for the purpose of using the Leased Premises for any purpose not inconsistent with the rights granted to Tenant herein. 17. GENERAL PROVISIONS: a. Any notices provided for herein shall be in writing and shall be delivered in person or mailed by certified or registered mail, return receipt requested, postage pre -paid, to the party for whom intended at the address set forth below: TENANT: Po Ido,[ '3 0 ! �1,1'7 c 7 telephone: 5a y - 7! 37 LANDLORD: Director, Buildings & Grounds Department Eagle County P.O. Box 850 Eagle, Colorado 81631 Attn: County Attorney telephone: 970-328-8700 Either party may change its address by written notice to the other party. Notices are deemed to have been given 7 effective as of the date of delivery if personally delivered, and as of the third day after mailing, if mailed. b. In the event either Landlord or Tenant shall bring suit to compel performance of or to recover for breach of any covenant, agreement or condition contained in this Lease, the prevailing party shall be entitled to recover from the other party costs and reasonable attorney's fees. C. The invalidity of any portion of this Lease will not affect the validity of any other provision. In the event that any provision of this Lease is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. d. This writing shall constitute the entire agreement between the parties and there are no inducements, promises, terms, condition or obligation made or entered into by either Landlord or Tenant other than those contained herein. Any prior understanding or representation of any kind preceding the date of this Lease shall not be binding upon either party except to the extent incorporated expressly herein. e. Any modification of this Lease, waiver, or additional obligation assumed by either party in connection with this Lease, shall be binding only if placed in writing and duly executed by each party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the year and date first above written. LANDLORD: COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS Johnnette Phi-1lips, Chairman TENANT_: T3 c By : . -- 1. 0 STATE OF COLORADO ss County of Eagle The foregoing instrument was acknowledged before me this day of , 1997 by My commission expires Notary Public \fairgrnd.lse 9