THIS GRAZING LEASE AGREEMENT (“Lease”), is made and entered into this day of
,2020, by and between XXX XXXX XX XXXX XXXXXXX, XXXXXXXX, a municipal corporation (hereinafter referred to as the “Lessor” or “City”), and NATURAL FORT GRAZING, LTD., (hereinafter referred to as the “Lessee”).
WHEREAS, the Lessor is the owner of that certain real property, together with any improvements located thereon, situated in the Counties of Larimer and Weld, State of Colorado, consisting of approximately 26,582 acres of land, commonly known as Meadow Springs Ranch, as described and depicted in Exhibit “A” attached and incorporated herein by reference (the “Leased Premises”); and
WHEREAS, the Lessor desires to lease the Leased Premises to the Lessee for livestock grazing purposes only, and the Lessee desires to lease the Leased Premises from the Lessor for livestock grazing purposes only.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties do hereby covenant, promise, and agree to and with each other as follows:
Article I. Lease of the Leased Premises.
1.1 The Lessor does hereby lease, demise, and let unto the Lessee, and the Lessee does hereby hire and take from the Lessor the Leased Premises, for use for grazing purposes and related uses as more specifically described herein.
1.2 This Lease includes all the grazing-related improvements located upon the Leased Premises including, but not limited to, the “Ranch Headquarters” corrals and outbuildings, located as shown on Exhibit A. Lessee will have first option to also lease the house located on the Leased Premises (“Residence”), in the form of the rental lease attached as Exhibit B (“Residential Lease”), and must ensure that its officers and employee(s) working or residing on the Leased Premises, their dependents, and any guests, strictly comply with the requirements and restrictions set forth in the Residential Lease, and with all applicable laws, regulations and other legal requirements, in connection with the use or occupation of the Leased Premises.
1.3 This Lease does not include the right to use or occupy the following facilities unless discussed and approved by Lessor:
• Doc Xxxxxx pasture / property;
• Jordan property;
• Biosolids Headquarters; and
• Solomon property.
Article II. Term.
2.1 The term of this Lease is for a period of one (1) year, commencing as of 12 noon on the 1st day of January 2021.The term of the Lease shall automatically renew each year for each of nine (9) additional successive years continuing until 12 noon on the 31st day of December 2031, unless terminated by operation of law or as otherwise provided in this Lease. Either party may cancel this Lease at any time upon one hundred and eighty (180) days advanced written notice to the other.
Article III. Rent.
3.1 Except as otherwise provided in this Lease, the Lessee will pay to the Lessor rent calculated based upon the formula of a fixed dollar amount for each animal unit grazed each month upon the Leased Premises (animal unit month or AUM) per year. For the first one-year term of this Lease, the amount of rent will be Thirty Dollars ($30) per AUM for 900 AUMs, for a total annual rent in the amount of One Hundred Sixty- Two Thousand Dollars ($162,000). The dollar amount per AUM of thirty dollars ($30) will remain the same for all successive terms of this Lease. The parties will determine the number of AUMs for each one-year term of the Lease as part of the development of the Grazing Plan described in Section 4.5, below. Lessee will pay the total annual rental for each one-year term of this Lease, without demand or notice, as follows: thirty percent (30%) of the total due and payable on May 15 of each year and seventy percent (70%) on December 1 of each year.
3.2 For purposes of this Lease, an animal unit (AU) shall be defined as follows:
1. A cow and unweaned calf pair shall constitute one (1) animal unit.
2. A mature bull shall constitute one and one-half (1.5) animal units.
3. A 1,000-pound yearling shall constitute one (1) animal unit, but if the yearling weighs less than 1,000 pounds, then the animal unit value assigned to that yearling shall be based upon the percentage that the yearling's weight is to a 1,000 pounds weight. (For example, if the yearling weighs 600 pounds, then it shall constitute 0.6 of an animal unit.) The weights for yearlings shall be confirmed by certified scale receipts at the time of delivery of the animal upon the Leased Premises, or by any technique mutually agreeable to the Lessor and the Lessee.
4. A horse shall constitute one and one-half (1.5) animal units.
5. Five (5) sheep or goats shall constitute one (1) animal unit.
6. A bison cow shall constitute one (1) animal unit.
7. A bison bull shall constitute one and one-half (1.5) animal units.
8. AU equivalent for any other animal type will be determined by Lessor.
3.3 Lessee will make all payments of rent at such place as the Lessor may, from time to time, designate in writing. For the present, the Lessor designates City of Fort Xxxxxxx Water/Wastewater Utility, Attn: Director of Plant Operations Water Reclamation and Biosolids Manager, 0000 Xxxxxxxxxxxxx Xxxxx, Xxxx Xxxxxxx, Xxxxxxxx 00000, as the place for the making of rental payments. All such rent must be paid in current legal tender of the United States as the same is then by law constituted. If Lessor extends the time for the payment of any installment of rent or accepts any money other than of the kind herein specified, Lessor by doing so does not waive its right to insist on having all other payments of rent made in the manner and at the time herein specified.
3.4 Notwithstanding the foregoing provisions of this Article III, the Lessee agrees that if the Lessor determines that the grazing conditions of the Leased Premises warrant it, whether such conditions are caused by drought, pestilence, insect infestation or any other circumstance beyond Lessor’s control, the Lessor may reduce the agreed-upon number of AUMs per year to that number that Lessor determines is appropriate under the then-existing grazing conditions. In such event, Lessor agrees that Lessee’s rental payment due in May or December shall be reduced in proportion to the reduction in AUMs per year.
3.5 If Lessee fails to pay when due any rental payment required under this Lease, the unpaid rental amount shall accrue interest at the rate of eighteen percent (18%) per annum from the due date until paid.
Article IV. Use of Leased Premises.
4.1 The Lessee may use the Leased Premises for livestock grazing purposes only, except as otherwise provided in this Lease. The lease does not allow for feeding of livestock outside of the corrals, private or commercial recreational rights, hunting, shooting, trapping or poisoning of wildlife of any kind, or lethal control of prairie dogs. Lessee may execute the separate Residential Lease, attached as Exhibit B, with the City to lease the Residence for residential housing for a ranch manager, who is an officer or employee of Lessee, and his or her immediate family, and for no other purpose unless Lessor agrees in writing. Lessee must exercise its option to lease the Residence by executing the Residential Lease contemporaneously with this Lease. If Lessee does not do so, Lessee waives its right to lease the Residence. If Lessee executes the Residential Lease, Lessee will ensure that a ranch manager occupies the Residence year-round and complies with all terms and conditions of the Residential Lease. The Residence may not be sublet. Lessee may not use any facilities on the Leased Premises other than the Residence for residential housing. All pets must be on a leash, caged or fenced, with the exception of two cats, which may roam freely around the Ranch Headquarters to control mice, and dogs owned or controlled by the Lessee and used for ranching activities such as the herding of livestock.
4.2 If Lessee does not lease the Residence, Lessor reserves the right to lease the Residence, including the right to access the residence and its immediate surroundings, to a third party tenant, and Lessee shall not interfere with such tenant’s rights under such lease so long as the tenant does not interfere with the Lessor’s rights under this Lease.
4.3 Only licensed vehicles involved in ranching activities are allowed beyond the Ranch Headquarters and are to remain on existing established roads identified by the Lessor as open for grazing-related access. Unlicensed vehicles are prohibited except that ATV’s used for ranching activities may be used on or off established roads, but only with Lessor’s express written permission. Even with such permission, Lessee must keep off- road ATV use to an absolute minimum.
4.4 Grazing may begin with certain restrictions on May 15 of each year, and must end by November 15, unless moisture conditions and forage availability require modification of time, dates, or stocking rates or unless the City approves year-round grazing per Paragraph 4.5. If Lessor believes modification is necessary, the Lessor, in consultation with the Lessee, will determine modified grazing dates and stocking rates. The Lessor reserves the right to make the final decision in accordance with the terms of this Lease.
4.5 Lessee and Lessor will annually work together in a collaborative effort, to develop a “Grazing Plan” for the Leased Premise, which plan includes stocking rates, grazing initiation and ending dates, animal unit months for each pasture, and grazing rotation plans. If in any year the parties are unable to agree on a Grazing Plan through the processes described in this Lease, Lessor will make the final decision on the
Grazing Plan for that year. Though other parts of this Lease contemplate that cattle shall be grazed for six months per year, the City may also allow a year-round grazing season if environmental conditions at Meadow Springs Ranch lend favorably to the option. Should the City allow year-round grazing, the total number of AUMs per year would remain the same but would be distributed throughout the calendar year.
4.6 The Lessor reserves the right to perform management activities at any time during the year including the grazing season. Any management activity that has the potential to influence stocking rates or grazing dates will be coordinated with the Lessee.
4.7 Lessee acknowledges and agrees that concurrently with Lessee’s use of the Leased Premises for livestock grazing purposes, Lessor will use the Leased Premises for municipal sludge storage and application purposes, as well as for other activities related thereto. Accordingly, Lessee agrees not to use the Leased Premises in a manner that will in any way interfere with said use by Lessor.
4.8 The Lessee must not use the Leased Premises in any way that violates any applicable law, statute, ordinance, rule, or regulation of any governmental entity or body.
4.8.1 All cattle moved into Colorado from any other state or country must strictly adhere to all Colorado Department of Agriculture and U.S. Department of Agriculture regulations for animal movement into and within Colorado.
4.9 The Lessee must not permit or suffer the use of, or presence on, the Leased Premises by: (1) the general public, or by (2) any persons other than Lessee’s employees or agents, who are permitted to occupy or use the Leased Premises only to the extent required to carry out the purposes of the Lease. Lessee’s employee residing in the Residence may have personal invitees in the residence, but any other presence on, or use of, the Leased Premises by said invitees is expressly prohibited.
4.10 The Lessee is responsible for security of the Leased Premises, including but not limited to closing gates and reporting trespass or other violations to the Lessor. Lessor will provide Lessee with emergency contact numbers that may be used to report trespasses or other violations at any time. The Lessee must at all times have a designated and appropriately trained and qualified person who will take primary responsibility for the Lessee in carrying out the requirements of this paragraph.
4.11 If the Lessor, in its sole discretion, deems it necessary for any reason, Lessor may restrict grazing under this Lease on any portion of the Leased Premises. In the event of any such restriction, Lessor may modify the number of AUs allowed to graze hereunder or on any particular portion of the Leased Premises accordingly.
ARTICLE V. Maintenance and Repairs.
5.1 The Lessee must maintain and keep in orderly condition and in a good state of repair all of the Leased Premises, not including the facilities listed in paragraph 1.3 above, whether existing as of the date of this Lease or added thereafter, including, but not limited to: corrals and any buildings Lessee uses constituting part of the Ranch Headquarters. The Lessor will keep and maintain the boundary and interior fences and gates; all livestock watering facilities including but not limited to solar pumps, windmills, stock tanks, buried water lines, pipes and pumps. Any repairs, other than normal wear and tear, required because of damage caused by the Lessee will be the responsibility of the Lessee and could justify termination of this Lease. Maintenance of watering facilities including filling stock tanks prior to grazing activities and
draining them, along with other water system infrastructure, upon completion of the grazing season is the responsibility of the Lessor.
5.2 The Lessee is responsible for maintenance and repairs that are ordinary and routine in nature and the reasonable associated labor costs. Lessee will promptly notify Lessor of needed maintenance and repairs to the Leased Premises that are extraordinary or major in nature. (see also Article VI. Alterations and Improvements).
5.3 Unless due to misuse or neglect by the Lessee, the Lessor is responsible for the reasonable cost of all materials necessary for both routine and extraordinary maintenance and repairs and the cost of all labor for extraordinary maintenance and repairs. In circumstances of misuse or neglect by Lessee, Lessee is responsible for all material and labor costs (whether ordinary or extraordinary).
5.4 All maintenance and repairs to the Leased Premises required of the Lessee must be made promptly and when necessary. In addition, all such maintenance and repairs must be done in a good and workmanlike manner and in compliance with all applicable laws, statutes, ordinances, rules, orders, regulations, and requirements of all federal, state, and county governments and the appropriate departments, commissions, boards, and officers thereof. All work by or for Lessee must be carried out in a manner consistent with the conservation considerations set forth in Article XXIII.
5.5 The Lessee must keep the Leased Premises clean and in good sanitary condition, as required by the statutes, ordinances, resolutions, and health, sanitary, and police regulations of the Counties of Larimer and Weld and State of Colorado, except that Lessor is responsible for controlling noxious weeds or toxic plants. Any equipment, materials or supplies that Lessee brings onto the Leased Premises must be kept under cover (except large equipment such as vehicles and trailers) in a location acceptable to the Lessor and removed from the Leased Premises when no longer needed. Any trash, junked equipment or waste materials generated from Lessee’s maintenance and repair activities on the Leased Premises must be stored under cover or removed promptly from the Leased Premises. The Lessee must neither permit nor suffer a disorderly noise or nuisance whatsoever about the Leased Premises having any tendency to annoy or disturb any persons occupying adjacent land. The Lessee shall neither hold nor attempt to hold the Lessor liable for any injury or damage, either approximate or remote, occasioned through or caused by any maintenance, alterations, or repairs made by the Lessee upon or to the Leased Premises or the improvements located thereon.
5.6 If the Lessee fails to perform any maintenance or make any repairs required of it to be made under this Lease, the Lessor may, but is not required to, make such maintenance and repairs on the Lessee's account, and the Lessor may add its costs and expenses for such repairs or replacements as additional rent due to the Lessor under this Lease. Lessee will then pay such amount to the Lessor within thirty
(30) days after receiving written notice from the Lessor of the costs and expenses paid by the Lessor for such maintenance and repairs.
ARTICLE VI. Alterations and Improvements.
6.1 The Lessee must not make alterations, additions, improvements or changes to the Leased Premises, or the improvements located thereon, without 30-day request and written approval of the Lessor. Any such alterations, additions, improvements, or changes approved by the Lessor must be done by the Lessee in a good and workmanlike manner and in compliance with all applicable building and zoning laws, and all other applicable laws, statutes, ordinances, orders, rules, regulations, and requirements of all federal, state, and county governments and the appropriate departments, commissions, boards, and officers
thereof. If the Lessee wishes to make additions or improvements to the Leased Premises beyond what is required for maintenance and repair as described in Article V, the Lessee will be responsible for the cost of such additions and improvements unless the parties agree to a cost-sharing arrangement.
6.2 The Lessee hereby indemnifies and agrees to hold the Lessor harmless from all liens, claims, or charges on account of any alterations, additions, improvements, or changes made to the Leased Premises or the improvements located thereon by the Lessee.
6.3 The Lessee is responsible for construction and maintenance of any temporary fencing necessary to exclude livestock from an area for monitoring purposes (grazing exclosures) or to facilitate rotational grazing. Unless otherwise agreed by the parties in writing, Lessor will provide all materials necessary for the construction and maintenance of grazing exclosures, and such exclosures will be Lessor’s property. Responsibility for the costs of constructing and maintaining temporary fencing for rotational grazing, and ownership of such fencing, will be determined between the parties on a case-by-case basis.
6.4 The Lessor reserves the right, from time to time (without invalidating or modifying this Lease) to make alterations, changes and additions to the land and improvements that constitute the Leased Premises.
6.5 At the end of the term of this Lease, all fixtures, equipment, additions and alterations will remain the property of the Lessor, except as otherwise provided under the terms of this Lease. However, the Lessor may require the Lessee to remove any or all such fixtures, equipment, additions and alterations and restore the Leased Premises to the condition that existed immediately prior to such change and installation, normal wear and tear excepted, all at the Lessee's cost and expense. All such work must be done in a good and workmanlike manner and consist of new materials unless otherwise agreed to by the Lessor.
ARTICLE VII. Covenant of Title and Quiet Enjoyment
7.1 The Lessor covenants that it is well seized of and has good title to lease the Leased Premises and does warrant the title thereto except and subject to the following:
a. All easements, covenants, reservations, restrictions, rights-of-way, and prescriptive or adverse rights, in place or of record;
b. Any restrictions, reservations, or exceptions contained in any United States or State of Colorado patents of record;
c. All zoning and other governmental rules and regulations; and
d. All oil, gas or other mineral reservations or exceptions of record.
ARTICLE VIII. Insurance.
8.1 The Lessee, at its sole cost and expense, must procure, pay for, and keep in full force and effect workers compensation insurance for all its employees to be engaged in work on the Leased Premises under this Lease.
8.2 The Lessee, at its sole cost and expense, must procure, pay for, and keep in full force and effect a comprehensive policy of general liability insurance covering the Leased Premises and insuring the Lessee in an amount not less than One Million Dollars ($1,000,000) covering bodily injury, including
death to persons, personal injury, and property damage liability arising out of a single occurrence. Such coverage must include, without limitation, the insured’s liability for property damage, bodily injuries, and death of persons in connection with the operation, maintenance, or use of the Leased Premises (including acts or omissions of the Lessee or of its officers, employees, or agents), liability arising out of lawsuits related to employment contracts of the Lessee, and protection against liability for non-owned and hired automobiles. Such coverage must also include comprehensive automobile liability insurance and coverage for such other risks as are customarily required by private institutional mortgage lenders regarding property similar in construction, location, and use as the Leased Premises under this Lease.
8.3 All policies of insurance carried by the Lessee must name the Lessee as an insured and name the Lessor as an additional insured on the policy. The policy or policies must contain a provision that the policy or policies cannot be canceled or materially altered either by the insured or the insurance company until fifteen (15) days prior written notice thereof is given to the Lessor. Upon issuance or renewal of any such insurance policy, the Lessee must furnish a certified copy or duplicate original of such policy or renewal thereof with proof of premium payment to the Lessor. Any such policy must contain waivers of subrogation and waivers of any defense based on invalidity arising from any act or omission of any assignees or subleases of the Lessee.
8.4 No policy of insurance required by this Article VIII can include a deductible clause in an amount greater than Ten Thousand Dollars ($10,000.00). Any insurance policy purchased by the Lessee must be written by an insurance carrier which has a current rating by Best's Insurance Reports of "A" (Excellent) or better and a financial rating of ”A” or better or such equivalent classification as may hereinafter be required customarily for properties similarly situated and it must be approved by the Lessee and the insurance carrier must be authorized by law to do business in the State of Colorado. The Lessee must not obtain any policy which, under the terms of the carrier's charter, by-laws, or policy, loss payments are contingent upon action by the carrier's board of directors, policy holders, or members. All insurance policies carried by the Lessee may be reviewed at least annually by the Lessor to ascertain that the coverage provided by such policy adequately covers those risks required by this Article VIII to be insured by the Lessee.
8.5 In case of the breach of any provision of this Article VIII, the Lessor, at its option, may take out and maintain, at the expense of the Lessee, such insurance as the Lessor may deem proper and may xxxx the costs for such insurance directly to the Lessee. When so billed, the Lessee must reimburse the Lessor for the costs of such insurance within thirty (30) days of being billed.
ARTICLE IX. Utilities.
9.1 The Lessee agrees to pay all charges for water and sewer service, gas, electricity, light, heat, power, trash removal, telephone, and other communication services used, rendered, or supplied upon or in the Leased Premises and the improvements located thereon, and to indemnify the Lessor against any liability or damage on such account. All such utility charges shall be paid by the Lessee before the date the same become delinquent.
ARTICLE X. Signs.
10.1 The Lessee must not affix, erect, or maintain on the Leased Premises any sign or placard without obtaining the Lessor's prior written approval. The costs of erection and maintenance of such sign or placard are the sole responsibility of the Lessee. In addition, any sign or placard approved by the Lessor must comply with all state and county laws, rules, and regulations.
ARTICLE XI. Subletting and Assignment.
11.1 Except for use of the Residence by a ranch manager as described in Article IV above, the Lessee may not assign this Lease, any interest or a part thereof, any right or privilege appurtenant thereto, nor mortgage or hypothecate the leasehold without the prior written consent of the Lessor, in Lessor’s sole discretion. Lessor’s consent to one assignment or hypothecation shall not be construed as a consent to any subsequent assignment or hypothecation; and it is hereby mutually covenanted and agreed that, unless such written consent has been obtained, any assignment or transfer or attempted assignment or transfer of this Lease or any interest therein or hypothecation either by the voluntary or the involuntary act of the Lessee or by operation of law or otherwise, shall, at the option of the Lessor, terminate this Lease; and any such purported assignment or transfer without such consent will be null and void. The Lessor's consent to any such assignment does not relieve the Lessee from any obligation under this Lease unless the Lessor expressly agrees in writing to relieve the Lessee from such obligation.
11.2 If Lessee assigns this Lease or sublets or allows anyone other than the Lessee to occupy the Leased Premises or any part thereof without the prior written consent of the Lessor as required in paragraph 11.1 above, the Lessor may terminate this Lease, or may collect rent from the assignee, subtenant, or occupant, and employ the net amount collected to the rent herein reserved; and no such collection shall be deemed a release of the Lessee from the complete performance of its obligations under this Lease.
ARTICLE XII. Mechanic's Liens.
12.1 The Lessee agrees to pay or cause to be paid promptly all bills and charges for material, labor, or otherwise in connection with or arising out of any alterations, additions, maintenance, repairs, or changes made by the Lessee or its agents or subtenants to the Leased Premises; and the Lessee agrees to hold the Lessor free and harmless against all liens and claims of liens for such labor and materials, or either of them, filed against the Leased Premises or any part thereof and from and against any expense and liability in connection therewith. The Lessee further agrees to discharge (either by payment or by filing the necessary bond) any mechanic's, materialman's, or other liens against the Leased Premises arising out of any payment due or alleged to be due for any work, labor, services, materials, or supplies claimed to have been furnished at the Lessee's request in, on, or about the Leased Premises and to indemnify the Lessor against any lien or claim of lien attached to or upon the Leased Premises or any part thereof by reason of any act or omission on the Lessee's part. The Lessee does, however, have the right to contest any mechanic's lien or claims filed against the Leased Premises, provided the Lessee diligently prosecutes any such contest and at all times effectively stays or prevents any sale of the Leased Premises under execution or otherwise and pays or otherwise satisfies any final judgment adjudging or enforcing such contested liens and thereafter procures record satisfaction of the release thereof. The Lessee also agrees in any such contest, at the Lessee's cost and expense, to defend the same on behalf of the Lessor.
ARTICLE XIII. Condemnation
13.1 If, as a result of any exercise of the power of eminent domain (hereinafter referred to as “proceedings”), either of the following happen: (a) the title to the whole or substantially all of the Leased Premises is taken; or (b) the Leased Premises are deprived of adequate ingress or egress to or from all public streets and highways abutting the Leased Premises, and the Lessee cannot reasonably operate upon the remainder of the Leased Premises at the time of such taking, then this Lease will terminate as of the date of such taking pursuant to such Proceedings. For the purpose of construing the provisions of this Article, "Proceedings" includes any negotiated settlement of any matter involved in a condemnation; and a
"taking" is deemed to occur when title to the Leased Premises or possession thereof is acquired by another governmental authority, whichever first occurs.
13.2 If, during the term of this Lease, title to less than the whole or title to less than substantially all of the Leased Premises is taken in any such Proceedings and the Lessee can reasonably operate on the remainder of the Leased Premises at the time of such taking, this Lease will not terminate. However, the Lessee's obligation to pay rent as provided in Article III. above, will be adjusted accordingly.
13.3 All damages awarded for any taking described in this Article are the property of the Lessor.
ARTICLE XIV. Total or Partial Destruction.
14.1 If, during the term of this Lease, the Leased Premises or a substantial part thereof is destroyed or so damaged by fire or other casualties so as to become unusable for livestock grazing purposes, then, at Lessee’s option, the term hereby created will cease; and this Lease will become null and void from the date of such damage or destruction; and the Lessee must immediately surrender the Leased Premises and its interest therein to the Lessor. The Lessee must exercise such option to terminate this Lease by notice in writing delivered to the Lessor within thirty (30) days after such damage or destruction. The Lessee will continue to be liable to the Lessor for all rent accruing up to the date of termination of this Lease. If the Lessee does not elect to terminate this Lease, this Lease will continue in full force and effect.
14.2 If the Leased Premises are only slightly injured by fire or the elements so as not to render the same unusable for livestock grazing purposes, then the Lessor will repair the same with all reasonable speed. Lessee is not entitled to any compensation or off-set from or claim against the Lessor for any inconvenience or annoyance arising from the necessity of repairing any portion of the Leased Premises, however the necessity may occur.
ARTICLE XV. Holding Over.
15.1 Any holding over after the expiration of the term of this Lease or any extended term thereof, with the written consent of the Lessor, will be construed as a tenancy from month-to-month on the same terms and conditions herein specified and at the same rental provided for herein.
ARTICLE XVI. Default of Lessee.
16.1 If any one or more of the following events (hereinafter referred to as “an event of default”) happens:
(a) The Lessee defaults in the due and punctual payment of the rent or any other amounts required to be paid hereunder and such default continues for ten (10) days after the receipt of written notice from the Lessor; or
(b) The Lessee neglects or fails to perform or observe any of Lessee’s obligations hereunder and the Lessee fails to remedy the same within thirty (30) days after the Lessee receives written notice from the Lessor specifying such neglect or failure (or Lessee fails to begin such cure within said thirty (30) days and proceed with due diligence to complete said cure when the default if it is of such a nature that it cannot be cured within said thirty (30) day period); or
(c) The Lessee: (i) is adjudicated as bankrupt or insolvent; (ii) files a petition in bankruptcy or for reorganization or for the adoption of an arrangement under the Bankruptcy Act (as now
constituted or in the future amended); or (iii) makes an assignment of its property for the benefit of its creditors; or
(d) The Lessee neglects or fails to perform or observe any of Lessee’s obligations under this Lease within one hundred and eighty (180) days after prior notice of any such neglect or failure, whether or not such prior neglect or failure was remedied within the time period provided in subparagraph
(a) or (b), above.
Then, and in any one or more such events of default, the Lessor has the right, at its election and while any such event of default continues, to give the Lessee written notice of its intention to terminate this Lease on the date of such given notice or any later date specified therein; and on such specified date, the Lessee's right to possession of the Leased Premises will cease; and this Lease will thereupon be terminated. The Lessor may then re-enter and take exclusive possession of the Leased Premises or any part thereof and repossess the same as the Lessor's former estate and expel the Lessee and those claiming through or under the Lessee and remove the property and effects of both or either (forcibly, if necessary) without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrearages of rent or preceding breaches of covenants.
16.2 Alternatively, the Lessor may elect if an event of default occurs not to terminate this Lease, but the Lessor will still have the right to elect to retake exclusive possession of the Leased Premises by evicting the Lessee if the Lessee has not otherwise abandoned the Leased Premises. In the event the Lessor elects to so take exclusive possession, the Lessee will not be relieved of its obligations and liabilities under the Lease, all of which will survive such repossession. In the event of such repossession, the Lessee must pay to the Lessor as current liquidated damages:
A. The then value of the rent and other sums as herein provided which would be payable if such repossession had not occurred; less
B. The net proceeds, if any, of any reletting of the Leased Premises after deducting all of the Lessor's expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorneys fees, expenses of employees, and necessary alteration costs and expenses in preparation of such reletting.
The Lessee must pay such damages to the Lessor within thirty (30) days after receiving written notice from the Lessor of such damages. If the Lessor must commence any action or proceeding to collect the foregoing amounts, or to enforce any other obligation of the Lessee under this Lease, the Lessor will be entitled to reimbursement for all costs and expenses and legal fees incurred in said matter, including reasonable attorney’s fees.
ARTICLE XVII. Attorneys’ Fees.
17.1 The Lessee agrees to pay and indemnify the Lessor against all legal costs and charges, including attorneys’ fees, lawfully and reasonably incurred in obtaining possession of the Leased Premises after default of the Lessee or termination of this Lease, incurred in enforcing any covenant of the Lessee herein contained or any right granted to the Lessor, and incurred in collecting any rent, monies, or other damages owed by the Lessee to the Lessor under this Lease.
ARTICLE XVIII. Lessee to Save Lessor Harmless.
18.1 The Lessee covenants that it will indemnify, release and hold the Lessor, and its officers and employees, harmless from all claims, demands, judgments, costs, and expenses, including attorneys’ fees, arising out of any accident or occurrence causing injury to any person or property whomsoever or whatsoever due directly or indirectly to the use or neglect of the Leased Premises or any part thereof by the Lessee and its officers, agents, employees, licensees, and invitees or any entity or person (and their officers, agents, employees, licensees, and invitees) holding under the Lessee, unless such accident or occurrence results solely from the tortious misconduct or negligent act or omission on the part of the Lessor, or its officers and employees; and the Lessee will indemnify and hold harmless the Lessor, and its officers and employees, from all damages and all penalties arising out of any failure of the Lessee, in any respect, to comply with all of the requirements and provisions of this Lease; and the Lessee covenants that the Lessee will keep and save the Lessor, and its officers and employees, and the Lessor's interest in and unto the Leased Premises forever harmless from any penalty, damage, or charge imposed by any violation of any laws, whether occasioned by an act or omission of the Lessee, or by another or others in the Leased Premises holding under or through the Lessee. In addition, the Lessor, and its officers and employees, will not be liable to the Lessee for any livestock injuries or deaths, regardless of cause, incurred in connection with such livestock grazing upon the Leased Premises under this Lease, unless such injuries or deaths result from a negligent act or omission of the Lessor. However, any liability of the Lessor, or of its officers and employees, to the Lessee is subject to all the defenses, immunities, and limitations of the Colorado Governmental Immunity Act (Section 00-00-000, et seq.) and to any other defenses, immunities, and limitations to liability available to the Lessor, and its officers and employees, under the law.
ARTICLE XIX. Notices.
19.1 Any notice or other communication given by either party to the other relating to this Lease must be hand- delivered or sent by registered or certified mail, return receipt requested, or by overnight commercial courier, addressed to such other party at its respective addresses set forth below; and such notice or other communication will be deemed given when so hand-delivered or three (3) business days after so mailed, or the next business day after being deposited with an overnight commercial courier:
If to the Lessor:
Director of Plant Operations Water Reclamation and Biosolids Manager Attn: Xxxxx Xxxxxx
0000 Xxxxxxxxxxxxx XX Xxxx Xxxxxxx, XX 00000
With a copy to:
City of Fort Xxxxxxx Real Estate Services 000 XxXxxxx Xxx.
X.X. Xxx 000
Xxxx Xxxxxxx, XX 00000
City of Fort Xxxxxxx Attn: Purchasing Dept. XX Xxx 000
Xxxx Xxxxxxx, XX 00000
Natural Fort Grazing, Ltd. 00000 XXX 00
Xxxxxxxxxx, XX 00000 ARTICLE XX. Hazardous Material.
20.1 As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste which is or becomes regulated by any local governmental authority, the State of Colorado or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance that is: (i) defined as a “hazardous substance” under applicable state law provisions; (ii) petroleum; (iii) asbestos; (iv) designated as “hazardous substance” pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1321); (v) defined as “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6903); (vi) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601); or (vii) defined as a “regulated substance” pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks) (42 U.S.C. Section 6991).
20.2 The Lessee must not cause or permit any Hazardous Materials to be brought upon, kept, or used in or about the Leased Premises by the Lessee, its officers, agents, employees, contractors, licensees, or invitees, without the prior written consent of the Lessor (which the Lessor will not unreasonably withhold as long as the Lessee demonstrates to the Lessor's reasonable satisfaction that such Hazardous Material is necessary or useful to the Lessee's operation; that it will be used, kept, and stored in a manner that complies with all laws regulating any such Hazardous Material and will protect and preserve the Leased Premises and any other property in a safe and environmentally sound condition; and that the Hazardous Material will not materially interfere with the Lessor's use of the Leased Premises or cause damage to said Leased Premises.) If the Lessee breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by the Lessee results in contamination of the Leased Premises or if contamination of the Leased Premises by Hazardous Material otherwise occurs for which the Lessee is legally liable to the Lessor for damage resulting therefrom, then the Lessee will indemnify, defend, and hold the Lessor, and its officers and employees, harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Leased Premises, damages for the loss or restriction on use of the Leased Premises, and sums paid in settlement of claims, attorneys fees, consulting fees, and expert fees), which arise during or after the Lease term as a result of such contamination. Lessee’s indemnification of the Lessor includes, without limitation, any costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Leased Premises. Without limiting the foregoing, if the presence of any Hazardous Material on the Leased Premises caused or permitted by the Lessee results in any contamination of the Leased Premises, the Lessee must promptly take all actions at its sole expense as are necessary to return to the Leased Premises to the condition existing prior to the introduction of any such Hazardous Material to the Leased Premises; provided that Lessee will first obtain the Lessor's written approval of such action, which approval will not be unreasonably withheld so long as such action would not potentially have any material adverse effect on the Leased Premises or the Lessor's use of the Leased Premises.
ARTICLE XXI. Time of the Essence.
21.1 Time is of the essence of this Lease and each and every provision hereof.
ARTICLE XXII. Access and Use By Lessor.
22.1 The Lessor, and its officers, employees, and any other person properly authorized by the Lessor, shall at all times retain the right to enter upon and use the Leased Premises for any purpose.
ARTICLE XXIII. Range Management and Conservation Programs.
23.1 The Lessor and the Lessee agree to establish and operate a Range Management Advisory Committee (hereinafter referred to as “the Committee”) for the purpose of enhancing communications between the Lessor and the Lessee in connection with their respective performance under this Lease and to provide assistance and recommendations concerning matters arising under this Lease. The Committee will review and make recommendations regarding range management and conservation matters, including, but not be limited to: (a) recommendations to Lessor on grazing related issues; (b) assistance in creating a ranch improvement plan and schedule to help the Lessor address long-range planning issues; (c) assistance in development of land management practices in the areas of vegetative diversity, conservation of threatened and endangered species and noxious plant management; and (d) working with the Colorado Division of Wildlife to help maintain wildlife populations at sustainable levels to match existing forage conditions, and other conservation plans and programs.
24.1 The Lessor reserves the right to identify additional conservation values that warrant additional management actions, e.g. using fence to control access to riparian areas, exclusion of or controlled access to areas of unique vegetation, or the permittance of prairie dog colonies to expand. Impacts of such management actions on the AUMs available to the Lessee will be identified via the Committee.
24.2 The Lessee agrees to cooperate with the Lessor in connection with the development of the Grazing Plan for the Leased Premises, as described in Section 4.3, for research programming and evaluation related to range management and restoration and conservation of plant and animal species and resource protection, during the term of this Lease.
23.3 To support range management evaluation and research efforts, and to provide consulting expertise to Lessee in connection with Lessee’s development of the Grazing Plan, monitoring and management of range conditions and the time and pattern of grazing rotations based on range and weather conditions, the Lessee may hire, at the Lessee's cost, a range management expert.
23.4 To support MSR range management and conservation efforts, the Lessor will hire at the Lessor’s cost a range management specialist. The Lessor reserves the right to have final say on amount of AU’s permitted on MSR and length of grazing season annually.
23.5 Prior to commencing livestock grazing on the Leased Premises, the Lessor’s range management expert shall submit a written report to the Lessee evaluating current range conditions and recommending a date to initiate livestock grazing (but not before May 15), and a draft Grazing Plan for Lessee’s review. Further written evaluations to the Lessee from said expert shall be due on July 15 and September 15 of each year of the term of this Lease. The September 15 evaluation shall include a recommended date for the cessation of livestock grazing for that grazing season.
23.6 On or before December 31 of each year of the term of this Lease, the Lessor shall submit a preliminary report to the Lessee on the outcomes and results of the recommended Grazing Plan and the condition of grazing range, and other property conditions that have resulted from the implementation of the Grazing Plan during the annual term of the Lease (a “Range Report”). The final Range Report regarding each grazing season under this Lease shall be due to the Lessee no later than March 1 of the succeeding year.
ARTICLE XXIV. "AS-IS" Nature of Leased Premises.
24.1 The Lessee acknowledges and agrees that the Lessor has not made, does not make, and specifically negates and disclaims any representations, warranties, promises, covenants, agreements, or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present, or future, of, as to, concerning or with respect to the Leased Premises and; (a) the value, nature, quality, or condition of the Leased Premises, including, without limitation, the water, soil, and geology of the Leased Premises; (b) the income to be derived from the Leased Premises; (c) the suitability of the Leased Premises for any and all activities and uses which the Lessee may conduct thereon including the grazing of livestock; (d) the compliance of or by the Leased Premises or its operation with any laws, rules, ordinances, regulations of any applicable governmental authority or body; (e) the habitability, merchantability, marketability, profitability, or fitness for a particular purpose of the Leased Premises; (f) the manner or quality of the construction or materials, if any, incorporated into the improvements located on the Leased Premises; (g) the manner, quality, state of repair or lack of repair of the improvements located on the Leased Premises; or (h) any other matter with respect to the Leased Premises and the improvements located thereon, and specifically, that the Lessor has not made, does not make and specifically disclaims any representations regarding compliance with any environmental protection, pollution, or land use laws, rules, regulations, orders, or requirements, including solid waste, as defined by the U.S. Environmental Protection Agency regulated at 40 C.F.R., Part 261, or the disposal or existence, in or on the Leased Premises, of any hazardous substance, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated thereunder. The Lessee further acknowledges and agrees that having been given the opportunity to inspect the Leased Premises, and the improvements located thereon, the Lessee is relying solely on its own investigation of the Leased Premises and not on any information provided or to be provided by the Lessor. The Lessee further acknowledges and agrees that any information provided or to be provided with respect to the Leased Premises was obtained from a variety of sources and that the Lessor has not made any independent investigation or verification of such information and makes no representations as to the accuracy or completeness of such information. The Lessee agrees that the Lessor is not liable or bound in any manner by any verbal or written statements or representations, or information pertaining to the Leased Premises, or the improvements located thereon, or the operation thereof, furnished by any real estate broker, agent, employee, servant, or other person. The Lessee further acknowledges and agrees that to the maximum extent permitted by law, the lease of the Leased Premises as provided herein is made on an “AS-IS” condition and basis with all faults. It is understood and agreed that the rent provided for under this Lease and any other consideration provided by the Lessee under this Lease has been adjusted and taken into consideration by the Lessee to reflect that all of the Leased Premises is being leased by the Lessee from the Lessor subject to the foregoing.
ARTICLE XXV. General Provisions.
25.1 Words of the masculine gender include the feminine and neuter gender; and when the sentence so indicates, words of the neuter gender refer to any gender. Words in the singular include the plural and vice versa.
25.2 This Lease is to be construed according to its fair meaning and as if prepared by both parties hereto and is deemed to be and contain the entire understanding and agreement between the parties hereto. There shall be deemed to be no other terms, conditions, promises, understandings, statements, or representations, expressed or implied, concerning this Lease unless set forth in writing and signed by both of the parties hereto.
25.3 The Article headings used herein are for convenience of reference only and in no way define or limit the scope or intent of any provision under this Lease.
25.4 Subject to the provisions hereof, the benefits of this Lease and the burdens hereunder inure to and are binding upon the parties hereto and their respective heirs, administrators, successors, agents and permitted assigns.
25.5 This Lease will be governed by and its terms construed under the laws of the State of Colorado. Any judicial proceedings commenced by either party to enforce any of the obligations, covenants, and agreements contained herein, must be commenced in the Larimer County District or County Courts.
25.6 Nothing contained herein is deemed or should be construed by the parties nor by any third party as creating the relationship of principle and agent or a partnership or a joint venture between the parties, it being agreed that none of the provisions set forth herein nor any acts of the parties will be deemed to create a relationship between the parties other than the relationship of lessor and lessee.
25.7 Failure of the Lessor to exercise any right or rights accruing to it by virtue of the Lessee's breach of any covenant, condition, or agreement herein does not operate as a waiver of the exercise of such right or rights in the event of any subsequent breach by the Lessee, nor will the Lessee be relieved thereby from its obligations under the terms of this Lease.
25.8 This Lease is made for the sole and exclusive benefit of the Lessor and the Lessee, their successors and assigns, and it is not made for the benefit of any third party.
25.9 The remedies of the Lessor under this Lease are cumulative; no one of them should be construed as exclusive of any other or of any other remedy provided by law.
25.10 The Lessor reserves the right to grant to any third party such easements and rights-of-way as it desires over, across, and under portions of the Leased Premises and to lease all or any portion of the Leased Premises to any other third party so long as such easements, rights-of-way, and leases do not unreasonably interfere with the Lessee's continuing use of the Leased Premises as provided in this Lease.
25.11 No act or thing done by the Lessor or the Lessor's officers or employees during the term hereof will be considered as an acceptance of the surrender of the Leased Premises, and no agreement to accept such surrender will be valid unless in writing signed by the Lessor.
25.12 The Lessee, upon the expiration or termination of this Lease, either by lapse of term or otherwise, agrees to peacefully surrender to the Lessor the Leased Premises, including the improvements located thereon together with any alterations, additions, and changes made to such improvements by the Lessee during the term of this Lease, in good repair, as hereinabove provided, except for acts of God, ordinary wear, and damage by fire or other casualty not caused by the negligence of the Lessee or anyone under the Lessee's control.
25.13 The Lessee acknowledges and agrees that the Lessee has not relied upon any statements, representations, agreements, or warranties except such as they are expressed herein.
25.14 If any covenant, condition, or provision of this Lease is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such a covenant, condition, or provision will not in any way affect any of the other covenants, conditions, or provisions of this Lease, provided that the invalidity of any such covenant, condition, or provision does not materially prejudice either the Lessee or the Lessor in their respective rights and obligations under the valid covenants, conditions, and provisions of this Lease.
25.15 To the extent necessary to carry out all of the terms and provisions hereof, the said terms, obligations, and rights set forth herein survive and will not be affected by the expiration or termination of this Lease.
25.16 The parties acknowledge that certain items of personal property may now be located on the Leased Premises. The Lessor makes no representations or warranties regarding its ownership of any such items of personal property or regarding the condition of such items. The parties hereto acknowledge that the said items of personal property located on the Leased Premises and within the improvements located on the Leased Premises may belong to third parties. The Lessee agrees to indemnify and hold harmless the Lessor, and its officers and employees, from and against any liability for any improper use or disposition by the Lessee of any items of personal property belonging to third parties.
25.17 Neither the Lessor nor the Lessee will be deemed in violation of this Lease if prevented from performing any of their respective obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, acts of public enemies, acts of superior governmental authorities, weather conditions, rights, rebellions, sabotage, or any other circumstances for which they are not responsible or that are not within their control.
25.18 This Lease will not be recorded. However, at the request of the Lessee, the Lessor and the Lessee will execute a memorandum of lease for recording, containing the names of the parties, the legal description of the Leased Premises, the term of the Lease and such other information as the parties mutually agree upon.
25.19 The obligations of the Lessor to commit or expend funds after calendar year 2020 are subject to and conditioned upon the annual appropriation of funds sufficient and intended to carry out said obligations by Lessor’s City Council, in its sole discretion. If the City Council does not appropriate funds necessary to carry out any such obligations, the Lessor will notify the Lessee promptly of such non-appropriation. If such non-appropriation results in a material impairment of Lessee’s right hereunder, the Lessee may terminate the lease, with no further recourse against the Lessor, by providing thirty (30) days written notice to Lessor. If Lessee does not exercise this termination right within sixty (60) days of receiving Lessor’s notice of said non-appropriation, then Lessee waives its right to terminate the Lease pursuant to this section.
IN WITNESS WHEREOF the parties hereto have caused this Lease to be executed the day and year first above written.
XXX XXXX XX XXXX XXXXXXX, XXXXXXXX,
A Municipal Corporation
By: Xxxxx X. Xxxxxxxxx, City Manager
APPROVED AS TO FORM:
Assistant City Attorney
LESSEE: NATURAL FORT GRAZING, LTD.
Legal Description and Depiction of Leased Premises
The City of Fort Xxxxxxx is the owner of certain real property located in (Sections 6, 19, 29, 30 and 32 in Township 10 North, Range 67 West; Sections 6, 18, 30, 32 in Township 11 North, Range 67 West; Sections
20, 29, 30 and 31 in Township 12 North, Range 67 West; Sections 1, 2, 3, 11 and 12 in Township 10 North,
Range 68 West; Sections 1, 2, 8, 10, 12, 13, 16, 18, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35 and 36 in Township
11 North, Range 68 West; Sections 25, 26, 27, 34, 35 and 36 in Township 12 North, Range 68 West;) in Larimer and Weld Counties, State of Colorado and referenced in the following documents:
Reception No. 19900057985 recorded December 17, 1990 in the records of the Larimer County Clerk and Recorder and re-recorded to correct the legal description at Reception No. 1991006161 in the records of the Larimer County Clerk and Recorder; and
Reception No. 19930091867 recorded December 3, 1993 in the records of the Larimer County Clerk and Recorder; and
Reception No. 02362991 recorded December 7, 1993 in the records of the Weld County Clerk and Recorder; and
Reception No. 20030026430 recorded March 4, 2003 in the records of the Larimer County Clerk and Recorder; and
Reception No. 20030057523 recorded May 12, 2003 in the records of the Larimer County Clerk and Recorder; and
Reception No. 20060053555 recorded July 18, 2006 in the records of the Larimer County Clerk and Recorder; and
Reception No. 20070034998 recorded May 9, 2007 in the records of the Larimer County Clerk and Recorder
EXCEPT those portions of property conveyed in the following documents:
Reception No. 3317455 Recorded August 29, 2005 in the records of the Weld County Clerk and Recorder; and
Reception No. 2001054605 recorded July 5, 2001 in the records of the Larimer County Clerk and Recorder.
Form of Residential Lease
THIS RESIDENCE LEASE AGREEMENT (“Lease”) is made and entered into this day of , 2020, by and between XXX XXXX XX XXXX XXXXXXX, XXXXXXXX, a Municipal Corporation, ("Landlord"), and NATURAL FORT GRAZING, LTD, ("Tenant").
A. The Landlord is the owner of certain real property in the City of Fort Xxxxxxx located at 00000 XX Xxxxxxxx Xxxx, Xxxx, Xxxxxxxx 00000, consisting of a residence (known as the Ranch Headquarters house), outbuildings and pasture as depicted on attached Exhibit “A” (“Premises”).
B. The Tenant desires to lease the Premises for residential purposes for housing a ranch manager, who is an officer or employee of Tenant, and his or her immediate family (“Occupant”).
C. On [DATE] , City Council approved Resolution 2020 which authorized the leasing of the Premises for up to ten (10) years.
NOW THEREFORE, for and in consideration of the mutual covenants and obligations herein expressed, and the monetary payment recited below, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:
1. Premises. The Landlord hereby leases the Premises to the Tenant and the Tenant hereby lease the Premises from the Landlord. Rental of the Premises is also subject to the following attached Riders. Any that are checked are incorporated into this Lease by reference:
☐ Special Terms and Conditions
In the event of a conflict between this Lease and a Rider, the language of the Rider will control.
2. Term and Termination. The term of this Lease is for a period of one (1) year commencing at 12 Noon on January 1, 2021 and terminating at 12 Noon on December 31, 2021. At the Landlord’s sole option, this lease can be extended for up to nine (9) additional and successive one (1) year periods. Any holding over after the expiration of the term of this Lease, with the consent of the Landlord, shall be construed to be a tenancy from month-to- month on the same terms and conditions herein specified and at the same rent provided for herein. Either party may cancel this Lease at will, without default, upon thirty (30) days advanced written notice.
3. Rent. As rent for the Premises, Tenant must pay to the Landlord, in advance on the first day of each month, the sum of One Thousand Dollars ($1,000.00) per month, with late rent payments subject to a penalty of two percent (2%) of the late payment amount, due and payable immediately. Tenant will make all rent payments to the Landlord at such place as the Landlord may, from time to time, designate in writing. For the present, the Landlord
designates Real Estate Services, 000 Xxxxxxx Xxxxxx, Xxxxxxxx X, X.X. Xxx 000, Xxxx Xxxxxxx, XX 00000, as the place for making rent payments. Rent payments must be in legal tender of the United States. Extensions of time for the payment of any installment of rent shall not be a waiver of the Landlord’s right to insist on having all other payments of rent made in the manner and at the time herein specified.
4. Security Deposit. The total Security Deposit is $1,000.00, which Tenant must pay to Landlord upon execution of this Lease. The Landlord is not required to pay interest to the Tenant on this Deposit. Landlord will hold the Security Deposit as a guarantee that the Tenants will perform all covenants of this Lease, including prompt payment of rental and utility charges when due. The Landlord shall have the right to apply all or part of the Deposit to any delinquent rent or utility charges to the Premises but is not obligated to. The Landlord will refund the Deposit or balance thereof, after deduction for damages or past rent or utility charges, only on termination of this Lease after inspection by the Landlord and after all personal property of Tenant has been removed. If Landlord finds, in its discretion, that the Tenant is not in default of the performance of the covenants or conditions of this Lease, the Landlord will return the Deposit within 60 days of vacancy. The Landlord will not apply the Deposit to the last month’s rent.
5. Permissible Uses of Premises. Tenant agrees to use and occupy the Premises only for the purpose of residential housing for the Occupant and for ancillary uses associated with said use, and for no other purpose whatsoever without the prior written consent of the Landlord. Tenant shall ensure that Occupant complies with all terms and conditions of this Lease.
6. Repairs and Maintenance.
A. The Tenant must, at its sole expense, keep the Premises in a clean, orderly and safe condition, and free of litter, debris, and any unsightly or dangerous condition as required by the ordinances, resolutions, statutes and health, sanitary and police regulations of the City of Fort Xxxxxxx. Unless otherwise stated in a Rider, the Tenant is responsible for mowing the yards on the Premises.
B. The Landlord, during the term of the Lease, will keep and maintain the Premises, including without limitation, the structural support, roof, plumbing/electrical, kitchen range, windows, and exterior walls in good condition, working order and repair. The Landlord is responsible for heating system maintenance and repair. Any repairs, other than normal wear and tear, required because of damage caused by the Tenant will be the responsibility of the Tenant.
C. The Tenant must, upon termination of this Lease, restore the Premises to the condition they were in at the time Tenant first occupied the Premises, normal wear and tear excepted.
A. Noise: Tenant and Occupant must avoid and prevent household or other noise in or on the Premises that could interfere with, disturb, or otherwise negatively affect adjoining properties.
B. Chickens and Goats: Tenant and Occupant may not keep chickens or goats on the Premises.
C. Smoking: The Premises are rented as smoke-free and Tenant agree not to smoke any substance in or near the Premises and to insure that the Occupant and Tenant’s and Occupant’s guests adhere to the non-smoking policy.
D. Marijuana: The possession, consumption or cultivation of marijuana plants or products, including hydroponic cultivation, is prohibited on the Premises.
E. Illegal Activity: Tenant shall neither commit nor permit Tenant’s or Occupant’s employees, invitees or guests to commit on the Premises any violation of local, state or federal law. Notwithstanding the provisions of paragraph 15, a default under this subparagraph E. may, at the Landlord’s option, terminate this Lease with no right of Tenants to cure the default prior to termination.
F. Except for pets or horses otherwise permitted under a Rider or Tenant’s lease of Meadow Springs Ranch for grazing purposes (“Grazing Lease”), Tenant agrees to not have or keep or allow Occupant to have or keep any pets/animals of any kind at the Premises without prior written consent of Landlord.
8. Alterations and Improvements. Tenant shall neither make nor permit any alterations or improvements to the building, improvements, or grounds of the Premises without prior written consent of the Landlord. Unless otherwise provided by written agreement between the parties, all alterations, changes and improvements built, constructed, or placed on the Premises by Tenants or Occupant, with the exception of the fixtures removable without damage to the Premises and movable personal property, become the property of the Landlord upon construction and must remain on the Premises at the termination of this Lease.
9. Assignment and Subletting. Except for use by the Occupant, the Tenant cannot assign, sublet or grant any concession or license for use of the Premises or any part of it without the prior written consent of the Landlord. The Landlord's consent to any given assignment, subletting, concession or license shall not be deemed to be consent to any subsequent assignment, sublease, concession or license. Notwithstanding the provisions of paragraph 15, any assignment, subletting, concession or license obtained without the prior written consent of the Landlord, or an assignment or subletting by operation of law, will be void and a default and may, at the Landlord's option, terminate this Lease with no right of Tenant to cure the default prior to termination.
10. Dangerous Materials. Tenant must not keep, permit or have on the Premises anything of a dangerous, inflammable or explosive character that might unreasonably increase the danger of fire to the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company, or that may be subject to special handling or management requirements of federal, state or local laws.
11. Utilities. The Tenant is responsible for paying for all utilities, including, but not limited to, gas, electricity, water, sewer, propane, trash services, cable services and phone services used by Tenant on the Premises.
12. Right of Inspection. The Landlord has the right at all reasonable times, whether or not Tenant or Occupant is present, to enter the Premises for the purpose of inspecting the Premises and all its buildings, grounds and improvements. The Landlord must notify the Tenant orally or in writing in any reasonable manner at least twenty-four (24) hours prior to
such visit. This notice requirement shall not apply in the event of an emergency reasonably requiring Landlord’s access to the Premises.
13. Total or Partial Destruction. If the Premises or any part thereof are destroyed or so damaged by fire or other casualty as to become untenantable, then, at the option of the Landlord, the Lease term will end. This Lease will be null and void from the date of such damage or destruction, and the Tenant and Occupant must immediately surrender the Premises and their interest therein to the Landlord; provided, however, that the Landlord must exercise its option to terminate this Lease by notice in writing delivered to the Tenant within thirty (30) days after such damage or destruction. If the Landlord does not elect to terminate, this Lease will continue in full force and effect, and the Landlord will repair the Premises with all reasonable speed, restoring the Premises to as good a condition as they were in at the time of the damage or destruction, and Landlord may enter the Premises for that purpose. In either event, the Tenant must remove all rubbish, debris, furniture, furnishings, equipment and other items of personal property within five (5) days after the Landlord requests it. If the Premises are only slightly injured by fire or the elements so as to not render them untenantable and unfit for occupancy, then the Landlord will repair the Premises with all reasonable speed. The Tenant and Occupant will have no claim for compensation or otherwise against the Landlord because of any inconvenience or annoyance arising from the necessity of repairing any portion of the Premises, however the necessity may occur. Even if Landlord does elect to terminate the Lease pursuant to this Paragraph, that will not cause termination of the Grazing Lease, and Tenant shall be excused from the Grazing Lease’s requirement that Tenant occupy the Ranch Headquarters house.
14. Surrender of Premises. At the expiration or termination of this Lease term or any renewal term, the Tenant agrees to quit and surrender the Premises in as good a state and condition as they were in at the time of commencement of this Lease, reasonable wear and tear and damages by the elements excepted. Tenant must remove all personal property or improvements not owned by Landlord. If Tenant fails to remove said personal property before vacating the Premises, the Tenant hereby grants the Landlord the absolute right to keep, convey, destroy, or otherwise dispose of such property in any manner Landlord chooses, and Tenant agrees to pay any net costs incurred by Landlord in doing so within ten (10) days of receipt of Landlord’s statement of costs therefor. The Tenant also agrees to reimburse the Landlord for any repairs to the Premises required due to the Tenant’s/Occupant’s occupancy of the Premises.
A. If Tenant defaults in the payment of rent, or any part thereof, at the times rent is due, or if Tenant or Occupant defaults in the performance of or compliance with any term, provision or condition of this Lease, the Landlord may give the Tenant written notice of such default. For a default in the payment of rent, Tenant will have ten (10) days from the receipt of such notice to pay the full amount due and owing. For a default in the performance of any other provision of this Lease besides the payment of rent, Tenant will have twenty (20) days from the receipt of such notice to correct the default or to take action reasonably likely to correct the default within a reasonable time. If the Tenant does not correct the default within the appropriate time period (or do not diligently pursue actions to correct the default in a reasonable time, if the default cannot be corrected within the required time period), then this Lease, at the option of the Landlord, will be terminated and forfeited, and the Landlord may reenter the Premises and remove all persons and property therefrom.
B. If the Tenant has previously been sent a notice of default as described in subsection A. above requiring compliance with a term, provision or condition of this Lease, and subsequently the Tenant defaults in the performance of the same term, provision or condition, then the Landlord need not provide Tenant with an opportunity to cure the subsequent default, but may, in its sole discretion, terminate this Lease upon no less than ten (10) days’ notice to the Tenant, and the Landlord may reenter the Premises and remove all persons and property therefrom.
16. Insurance. The Tenant, at its sole cost and expense, must, during the term of this Lease, procure, pay for and keep, or require Occupant to procure, pay for and keep, in full force and effect, a policy of renter’s property insurance covering all of the Tenant’s and Occupant’s equipment, appliances, furniture, furnishings and personal property from time to time in, on or upon the Premises.
17. Indemnification. Tenant agrees to indemnify and hold harmless the Landlord against all damages, claims, liabilities for injury or damage to person or property whenever and by whoever brought and causes of action arising from or in any way relating to the Tenant’s possession or use of the Premises.
18. Notices. Any notice by either party to the other must be in writing and shall be deemed to be duly given only if delivered personally, sent by overnight commercial courier, or mailed by registered mail in a postage prepaid envelope addressed to the parties as follows:
Natural Fort Grazing, Ltd. 00000 XXX 00
Xxxxxxxxxx, XX 00000
City of Fort Xxxxxxx
Director of Plant Operations Water Reclamation and Biosolids Manager Attn: Xxxxx Xxxxxx
0000 Xxxxxxxxxxxxx XX Xxxx Xxxxxxx, XX 00000
With Copy to:
City of Fort Xxxxxxx Real Estate Services 000 XxXxxxx Xxx.
X.X. Xxx 000
Xxxx Xxxxxxx, XX 00000
City of Fort Xxxxxxx Attn: Purchasing Dept. XX Xxx 000
Xxxx Xxxxxxx, XX 00000
Where permitted by law, Landlord may also deliver notice to Tenant by posting in a conspicuous place on the Premises.
19. Conditions of the Lease. The Landlord and Tenant further agree as follows:
A. Each and every requirement or condition of this Lease is material and failure to comply will constitute a default hereunder.
B. This Lease may not be enlarged, modified, or altered except in a writing, signed by all parties, as an amendment hereto.
C. No waiver of any breach of this Lease shall be held or construed to be a waiver of any subsequent breach thereof.
D. Time is of the essence in the performance of the obligations under this Lease.
E. The covenants and conditions of this Lease apply to and bind the heirs, legal representatives, and assigns of the parties hereto and all covenants are to be construed as conditions of this Lease.
F. If either party must resort to legal action to enforce the terms of this Lease, the substantially prevailing party is entitled to an award of its costs and reasonable legal fees reasonably incurred, including attorney’s fees.
20. Counterpart Signatures. This Lease may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Lease. Signature pages may be delivered by facsimile copy or e-mailed as a pdf file. Facsimile and pdf signatures are binding on the parties as if they were originals.
IN WITNESS WHEREOF, the parties hereto have signed this Lease the day and year first written above.
XXX XXXX XX XXXX XXXXXXX, XXXXXXXX,
a Municipal Corporation
By: Xxxxx X. Xxxxxxxxx, City Manager
APPROVED AS TO FORM:
Assistant City Attorney
NATURAL FORT GRAZING, LTD.
Xxxxxx Story, President
1. Riders (if applicable)
2. Lead-Based Paint Disclosure
3. Occupancy Limits Disclosure
CITY OF FORT XXXXXXX RESIDENTIAL LEASE RIDERS
1. Tenant is permitted to have the following pets owned by the Tenant’s ranch manager (“Occupant”) on the Premises: up to four (4) dogs and up to two (2) cats. Cats are not allowed in the house. Occupant currently keeps 2 dogs and 2 cats on the Premises, and Tenant will notify Landlord if that number changes.
1. Tenant may use the Premises for boarding of up to six (6) horses owned by Tenant or Occupant, which number Landlord may adjust during the term if the circumstances require more horses. Tenant and Occupant may not board any additional horses not owned by Tenant or Occupant. Occupant currently keeps 6 horses on the Premises, and Tenant will notify Landlord if that number changes.
2. Tenant is responsible for any and all damage, injury, claim or causes of action resulting from or related to the presence of Tenant’s or Occupant’s horses and boarded horses on the Premises. Tenant is responsible for maintaining all fences, enclosures and other facilities and for mowing any pasture areas on the Premises. Tenant hereby waives any claim whatsoever that it has or may in the future have against the Landlord in connection with the presence of Tenant’s or Occupant’s horses or boarded horses on the Premises.
3. Tenant agrees to the following additional conditions for keeping horses on the Premises:
A. No smoking in the barns, stalls, or in the pastures.
B. No intoxicated individuals are allowed in the barns, horse shelters or in the pastures.
C. Guests are sole responsibility of Tenant and Tenant will be held liable for all actions of and damage caused by guest(s).
D. Landlord is not responsible for any injury, sickness or death to horses boarded on Premises.
E. Tenant is responsible for any damage caused by horses.
F. The Landlord is entitled to impose a lien on any personal property of Tenant located on the Premises, including any horses owned by the Tenant, for unpaid fees or charges hereunder. Tenant hereby acknowledge and agree that in the event such a lien is imposed, the Landlord may sell or otherwise dispose of any horses in the Landlord’s sole discretion, and the proceeds from the same shall be applied towards Tenant’s unpaid obligations hereunder.
DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead- based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
(ii) X Lessor has no knowledge of lead-based paint and//or lead-based paint hazards in the housing.
(b) Records and reports available to the lessor (check (i) or (ii) below):
(i) Lessor has provided the lessee with all available records and reports pertaining to lead- based paint and/or lead-based paint hazards in the housing (list documents below).
(ii) X Lessor has no reports or records pertaining to lead-based paint and/or lead-based
paint hazards in the housing.
Lessee’s Acknowledgment (initials)
(c) Lessee has received copies of all information listed above.
(d) Lessee has received the pamphlet Protect Your Family from Lead in Your Home.
Agent’s Acknowledgment (initials)
(e) Agent has informed the lessor of the lessor’s obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.
Lessor: CITY OF FORT XXXXXXX, a Municipal Corporation
By: Xxxxx Xxxx, Director of Purchasing Date
Lessee: NATURAL FORT GRAZING, LTD.
By: Xxxxxx Story, President Date
000 X Xxxxxxx Xxx XX Xxx 000
Xxxx Xxxxxxx, XX 00000-0000 970-224-6046
OCCUPANCY LIMITS DISCLOSURE STATEMENT FOR PROPERTY LEASE
The City of Fort Xxxxxxx Code requires that any person selling or leasing a home, apartment or other dwelling unit must inform the buyer or renter about the maximum number of people who, by law, are allowed to
occupy that home. All parties m ust sign where indicated below.
The maximum permissible occupancy of this dwelling unit is:
1. One (1) family (related by blood, marriage, adoption) and not more than one (1) addition person; or
2. Two (2) adults and their dependents, if any, and not more than one (1) additional person.
3. Up to four (4) unrelated persons in a dwelling unit located in an apartment complex containing units which were approved by the City to house four unrelated persons.
Actual signatures are required on this form. *It is required that this form be verified by electronic means OR notarize, attached to
your lease, and a copy kept at the leased property or on-site management office. The shaded areas are for notary use. If the form
is not notarized, the shaded areas should be left blank.
PROPERTY ADDRESS: 00000 XX Xxxxxxxx Xxxx, Xxxx, Xxxxxxxx 00000
TENANT 1 Name: Signature: Date:
Notary Public: State of Colorado
Subscribed to and affirmed before me on / /20 by
County of Larimer My Commission expires:
TENANT 2 Name: Signature: Date:
Notary Public: State of Colorado
Subscribed to and affirmed before me on / /20 by
County of Larimer My Commission expires:
TENANT 3 Name: Signature: Date:
Notary Public: State of Colorado
Subscribed to and affirmed before me on / /20 by
County of Larimer My Commission expires:
Property Owner: CITY OF FORT XXXXXXX, X.X. Xxx 000, Xxxx Xxxxxxx, XX 00000-0000 Phone: (000)000-0000 Owner/Manager: Xxxxx Xxxx, Director of Purchasing, City of Fort Xxxxxxx Phone: (000)000-0000
If requested by the City, you are required to provide this fully executed disclosure statement to the City pursuant to City Code Section 5-265(b). Failure to properly execute and retain this statement is a civil infraction punishable by a fine of not more than $1000, in addition to any costs, fees or surcharges assessed by a court or referee. Fines may be assessed to the owner, manager, and/or tenant(s).