HomeMy WebLinkAboutHARRY SAUER - CONTRACT - RFP - 7411 DRYLAND WHEAT AGRICULTURAL SERVICESQ DRYLAND FARM LEASE
THIS LEASE is entered into this -,L day of 2013, between the
City of Fort Collins,. Colorado (referred to herein as "Ow"")andry Sauer ("Tenant") whose
address is 1503 W. Shore Dr. Loveland, CO 80538.
WHEREAS, the City of Fort Collins ('Owner") own approximately 840 acres.of land
between Loveland and Fort Collins, more particularly described in Exhibit "A", known as the
McKee Fann parcel of Coyote Ridge Natural Area (the "Property"); and
WHEREAS, the Owner has in previous years entered into a dryland farm lease with a
tenant; and
WHEREAS, the Owner has restored approximately half of the total acreage of the
Property to native grasslands, and currently intends to continue to restore additional acreage
annually.
WHEREAS, the Owner desires to enter into a new dryland farm lease with a Tenant for
dryland agricultural production of the Property.
NOW THEREFORE, the parties agree as follows:
1. Agricultural Crop Production. Tenant agrees to use a portion of the Property,,
located in Sections 22 and 27 , Township 10 North, Range 69 West, more particularly described
on Exhibit "A attached hereto and made a part hereof (the "Property"), for agricultural crop
production only. Up to approximately 350 acres of the Property will be permitted for fanning in
the first year of the term, more particularly described in Exhibit "B". The Tenant acknowledges
that planned restoration activities are projected to reduce fannable acreage by approximately 50
acres per year for each year of this Lease. Tenant agrees to use his best efforts to keep the land in
a neat and clean condition, free of noxious weeds and otherwise in accordance with local dryland
crop production customs, and free of trespassers and uses not allowed hereunder.
2. Rent. On or before December 1", 2013, Tenant shall pay the Owner rent in the
amount of Twenty Dollars ($20.00) per acre for the acreage planted into crop the previous fall for
the first one year term of this Lease. Rent shall be payable, without any other demand or notice,
by December I" of each subsequent year during the term of this Agreement. Each year the Owner
may, in its discretion, increase the dollar amount per acre planted to crops by a percentage not to
exceed the Denver Boulder Greeley CPIU. Owner must notify Tenant of any rent increase by
August I` of any calendar year.Rent is due by 4:30 p.m. on the specified date by mail to the City
of Fort Collins Natural Areas, PO Box 580, Ft. Collins, CO 80521.
a. If any of the payments for annual rent or any other payments due under this
Lease are more than thirty (30) days past due, the balance due and owing shall begin to
accrue interest after 4:30 p.m. on the due date at a rate of 1 percent per month. If any
payments due under this Lease are more than ninety (90) days past due, the balance due
and owing shall begin to accrue interest after 4:30 p.m. on the due date at a rate of 1.5%
per month.
b. At the Owner's sole discretion, Tenant may provide in -kind services to be
credited against the rent. The in -kind services, and the dollar amount of such services to be
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Exhibit A
Legal Description
PARCEL I:
Section 22, Township 6 North, Range 69 West of the 6th P.M., Larimer County,
Colorado, except portion conveyed by Warranty Deed recorded February 25, 1971, in
Book 1493 at Page 667; and further except that portion conveyed in Quit Claim Deed
recorded March 8, 1962, in Book 1166 at Page 356, and Deed of Dedication for public
highway recorded August 22, 1990, under Reception Number 90037644.
PARCEL II.
The North half (NI/2) of Section 27, Township 6 North, Range 69 West of the 6th P.M.,
County of Larimer, State of Colorado; EXCEPT those portions contained in Deeds
recorded as Reception No. 90031185 and in Book 1493 at Page 667.
No Text
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company ❑
American Family Mutual Insurance Company if selection box is not checked.
6000 American Pky Madison, Wisconsin 53783-0001
Insured's Name and Address Agent's Name, Address and Phone Number (Agt./Dist.)
Harry and Gale Sauer Lesa A Ringkjob
1503 Westshore Dr 375 E Horsetooth Rd Bldg 6100
Loveland, CO 80538 Fort Collins, CO 80525
(970)223-0940 (031/309)
This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder.
This certificate does not amend, extend or alter the coverage afforded by the policies listed below.
,. ,,..
{COyERAGES "fie` F '" - M,.:;rFv?' x X;.''Sn...
This is to cerlM Chet policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, tens or condition of any contract or other
document with respect to which this mr-ftiicale may be Issued or may pertain, the Insurance afforded by the policies tlesdl lad remain Is slbjed to all the terms, exclusions, and conditions of suit policies.
TYPE OF INSURANCE
POLICY NUMBER
POLICY DATE
LIMITS OF LIABILITY
EFFECTIVE EXPIRATION
Mo. Day, Yr (Mo. Day. Vr)
Homeowners/
Bodily Injury and Property Damage
Mobilehomeowners Liability
Each Occurrence $ '000
Boatowners Liability
Bodily Injury and Property Damage
Each Occunenca $ '000
Personal Umbrella Liability
Bodily Injury and Property Damage
Each Occurrence $ '000
Farm Liability & Personal Liability
FarmlRanch Liability
05P8-1178-01
09/28/2013
09/28/2014
Each Occurrence $ 1,000,000
Farts Employe/s Liability
Each Occurrence $ 000
Statutory
Workers Compensation and
Each Accident $ '000
Employers Liability t
Disease - Each Employee $ '000
Disease - Policy Limit $ '000
General Liability
General Aggregate $ '000
Products- Completed Operations Aggregate $ '000
❑ Commercial General
Personal and Advertising Injury $ '000
Liability (occurrence)
❑
Each Occurrence $ '000
❑
Damage to Premises Rented to You $ '000
Medical Expense (Any One Person) $ '000
Businessowners Liability
Each occumancefl $ '000
Aggregatett $ '000
Liquor Liability
Common Cause Limit $ '000
Aggregate Limit $ '000
Automobile Liability
Bodily Inury- Each Person $ '000
❑ Any Auto
❑All Owned Autos
Bodily Injury - Each Accident $ I)OO
Property Damage $ .000
❑ Scheduled Autos
❑ Hired Auto
Bodly Injury and Property Damage Combined $ '000
❑ Nonowned Autos
El
Excess Liability
❑ Commercial Blanket Excess
Each occumence/Aggregate $ ,000
El
Other (Miscellaneous Coverages)
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS tThe individual or partners ❑Have
City of Fort Collins is named as additional insured regarding acreage farmed in Larimer County ]orations shown as insured elected to
section 22 at 6N 69W (640 acres) and section 27 at 6N 69W (120 acres) be covered under Nis polity. ❑Have not
ttProducts-Completed Operations aggregate
Is equal to each occurrence limit and is
included in policy aggregate.
`--CERTIFICATE_HOLDERAME AND ADDRESS "'>„_�.:
-. _.___.
., ,tea (,„r_';,:CANCELLATIONx#fu.:,'.
,,--_..
Cityof Fort Collins
Natural Areas Program Mgr
Lj Should any of the above described policies be cancelled before the expiration date
thereof, the company will endeavor to mall •( days) written notice to the Certificate
Holder named, but failure to mail such notice shall impose no obligation or liability of any kind
PO Box 580
upon the company, its agents or representatives. *10 days unless different number of days
shown.
Fort Collins, CO 80522
LXj This certifies coverage on the date of issue only. The above described policies are
subject to cancellation in conformity with their terns and by the laws of the state of issue.
jscharton@fcgov.com
DATEISSUED
03/31/2014
AU HORI2EDREPRESENTATIVE
U-201 Ed. 5100 Stock No. 06668 Rev. 7/02
credited against the rent, are to be mutually agreed upon, set fort writing, and signed by
Owner and Tenant, (the "In -kind Agreement"). Services are to be provided and/or
performed to Owner's satisfaction, within the period of time specified in the In -Kind
Agreement. Tenant shall provide Owner with receipts for any specified materials
purchased, and shall provide Owner with a written accounting of time worked and
materials used in completion of in -kind services. Should the in -kind services not be
completed to Owner's satisfaction within the specified time period, the Owner, in its sole
discretion, may give the Tenant partial, or no credit towards the rent. No rent credit shall
be given for services provided without a written In -Kind Agreement.
3. Term. The term of this Lease is for a period of five (5) years, commencing as of
August 1, 2013 and terminating on the 31 st day of July, 2018.
4. Income and Expenses. Tenant shall receive 100% of the crop and the Production
Flexibility payments from the Farm Service Agency. Tenant shall be solely responsible for any
and all costs associated with crop production, insect control and weed control on all cultivated
areas of the Property, whether in active production or fallow.
5. Termination.
a. By Owner. Owners shall have the right at any time, upon giving Tenant
ninety (90) days prior notice, to terminate this Lease or lease of portions of the Property,
and to thus obtain possession of all or any portion of the Property based upon the
following:
If the notice of termination is provided to Tenant while there is a planted crop the
Tenant shall be entitled to harvest that crop, and if the Tenant has prepared ground
preceding the termination notice for a subsequent crop Tenant shall be entitled to plant that
portion of the Property that has been prepared as of the date of termination into crop (the
"Final Crop") and harvest the Final Crop, provided that Tenant continues his obligations
hereunder until the Final Crop is harvested. Consistent with the provisions of Paragraph 2
above, Tenant shall pay cash rent in the amount that was set by the Owners for the
preceding year's crop for the acreage planted for the Final Crop. After harvest of the Final
Crop the Lease shall be terminated. That portion of the Property not planted for the Final
Crop, the "fallow ground", shall not be prepared for future planting.
b. By Tenant. Tenant shall have the right to cancel this Lease upon giving
ninety (90) days prior written notice to the Owners. If the notice of termination is provided
to Owners while there is a planted crop the Tenant shall be entitled to harvest that crop
before July 3 1 " in the year following the planting of that crop, Tenant shall pay cash rent in
the amount per acre that was set by the Owners for the year that crop was planted, and
Tenant's obligations hereunder shall continue until the Lease is terminated when that crop
is harvested. Tenant shall not be entitled to damages or reimbursement of any expenses
associated with the summer fallow ground work. Owner may thereupon find another party
to do summer fallow work.
If the notice of termination is provided to Owners after a crop is harvested and
before a subsequent crop is planted the Lease will be terminated, there shall be no
subsequent planting of crops, no rent shall be charged for that calendar year, Tenant shall
not be entitled to damages or reimbursement of any expenses associated with the summer
fallow ground work, and Owner may thereupon find another party to plant crops for that
year and do summer fallow work.
C. Regardless of termination dates listed in the aboveepparagraph, no farming
activities shall be allowed after the end of the term of this Agreement, the 3 1 " day of July,
2018.
6. Prooertv Management
a. The Tenant shall manage cultivation of the Property to prevent soil erosion,
control weeds, and enhance the visual attributes, in a manner consistent with local farming
practices, and in accordance with the Management Plan for Coyote Ridge Natural Area,
and in accordance with any modifications made to the Management Plan by the Owner. If
implementation of the Management Plan significantly impacts the Tenant's farming
operation the Tenant may request that the Lease be altered as provided in Section 24 below
b. Tenant shall execute any adjustments required by Owner with respect to
farming operations that have a negative impact on natural resources. The Tenant shall
execute any adjustments required by Owner within the time period required by the Owner.
The Tenant shall be held responsible and accountable for any damage to the Property and
ecological integrity of the area as a result of failure to adhere to any of Owner's
requirements. Such failure by the Tenant shall be grounds for termination of the Lease.
C. Tenant shall farm the Property in a typical strip cropping management
fashion, with alternating production and fallow strips across the field of a typical width,
with approximately 50% of the farmable acreage in fallow each year.
Use
a. Tenant shall use the Property only for the purpose of farming, except as
otherwise provided in this Agreement. The type of crops produced and any use of the
Property by the Tenant other than crop production must be approved by the Owner.
b. The Tenant must not make alterations, additions, improvements, land
treatment or changes to the Property, or the improvements located thereon, without the
prior written approval of the Owner. Any such alterations, additions, improvements, land
treatment or changes approved by the Owner must be completed by the Tenant in a good
and workmanlike manner.
C. The Owner reserves the right to perform management activities at any time
during the year. Any management activity that Owner determines has the potential to
influence the Tenant's use of the Property will be coordinated with the Tenant.
d. No hunting, trapping, shooting, harassing of wildlife, or recreation activities
are allowed on the Property.
e. The Tenant shall not use the Property in such a manner so as to violate any
applicable law, statute, ordinance, rule or regulation of any governmental entity or body.
f. There are no water rights associated with this Lease.
g. The Owner will resolve any conflicts between use of the Property for
agricultural purposes and use of the Property for any other purpose. Tenant acknowledges
and agrees their use of the Property may be reduced or restricted in to accommodate
such conflicts.
It. Agreements and resolution of issues with adjacent property owners is the
sole responsibility of the Owner.
8. Maintenance and Repairs
a. The Tenant shall maintain and keep in orderly condition and in a good state
of repair all of the Owner's property and improvements located thereon, whether existing
as of the date of this Lease or added thereafter.
b. The Tenant is only responsible for maintenance and repairs on the Property
related to agricultural activities that are ordinary and routine in nature. Tenant will
promptly notify Owner of needed maintenance and repairs to the Property that are
extraordinary or major in nature. Responsibility for materials and labor costs of needed
construction, reconstruction or major maintenance and repair shall be by mutual agreement
of Owner and Tenant. The Tenant shall confer with the Owner annually on capital
improvements needed for the Property as well as scheduling routine maintenance.
C. Tenant shall be responsible for the application of herbicide for control of
noxious weeds and any needed insect control on the cultivated portion of the Property. In
using any herbicides or other materials to control noxious and toxic plants or using
pesticides for the control of insects on the Property, the Tenant shall comply with all
applicable federal, state, and local laws, rules, and regulations regarding the application
and storage of such herbicides, pesticides and materials, and shall be in accordance with
any applicable provisions of the Management Plan. The Tenant shall be responsible for the
costs of any herbicides or other material necessary to control such plants on those portions
of the Property.
d. The Owner shall be responsible for controlling all noxious and toxic plants
found in the non -cultivated portion of the Property and upon any other portions of the
Property in use by the Owner for the management of natural resources or recreation. The
Owner shall be responsible for the costs of any herbicides or other material necessary to
control such plants on those portions of the Property.
C. The Tenant shall keep records of all fertilizer, pesticide, and herbicide
applications, and such records shall be accessible and available to the Owner upon
reasonable notice for its review and copying.
f. The Owner shall make all decisions, at its sole discretion, regarding the
management of all wildlife on the Property, including black -tailed prairie dogs. Tenant
may petition Owner to control prairie dogs if the colony encroaches onto the cultivated
area of the Property, and the Owner shall decide whether control or management is
appropriate. The Owner shall make all decisions regarding the timing, method, and scope
of any control activities.
g. The Owner shall be responsible for any maintenance or repairs necessitated
as a result of the Owner, its officers, employees, agents, or permittees entering upon and
using the Property as permitted by the Lease.
h. All maintenance and repairs to the Property required of the Tenant must be
made promptly and when necessary. In addition, all such maintenance and repairs must be
done in a good and workmanlike manner.
i. ' If the Tenant fails to perform any maintenance or make any repairs required
under this Lease, the Owner may, but is not required to, make such maintenance and
repairs on the Tenant's account, and the Owner may add the costs and expenses for such
repairs or replacements as additional rent due to the Owner under this Lease. Tenant will
then pay such amount to the Owner within thirty (30) days after receiving written notice
from the Owner of the costs and expenses paid by the Owner for such maintenance and
repairs.
j. At the end of term, the Tenant shall re -deliver the Property and the
improvements located thereon in a condition and state of repair comparable to the
condition which existed at the time of original delivery, ordinary wear and tear excepted.
9. Tenant Covenants and Responsibilities
a. Tenant shall allow Owner access to the Property at all times.
b. Tenant shall only allow odors, fumes, vibrations and noise on and from the
Property, which are commensurate with the normal conduct of agricultural operations.
C. Except as otherwise specifically provided in the Lease, all costs of crop
production, including machinery, equipment, fuel, labor, seed, fertilizer, herbicides,
pesticides and soil supplements on the Property shall be the responsibility of and provided
by the Tenant.
d. Tenant shall not take, collect, gather, remove, alter, sell, possess, damage or
destroy any cultural or historic artifacts, or natural objects on the Property.
e. Tenant shall keep its farming operations in a neat and clean condition, and
free from trash or litter.
f. Tenant shall not place, store, use or dispose upon the land of the Property,
temporarily or permanently, any substances, including fuel products that are hazardous,
toxic, dangerous or harmful or which are defined as a hazardous substance by the
Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") 42
USC 9601. These substances shall be referred to collectively as "hazardous substances".
Tenant shall immediately notify Owner by phone or email and in writing, of all spills,
releases, inspections, correspondence, orders, citations, notices, fines, response and/or
cleanup actions, and violations of law, regulations or ordinances which affect the Property.
g. Tenant agrees that Tenant shall not permit any mechanic's lien to be
perfected or remain against the Property. Tenant shall not directly or indirectly create,
incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim
on or with respect to the Property.
It. Tenant agrees that Tenant shall not assign, sublet, pledge or mortgage any
of Tenant's interest herein without the prior written consent of the Owner thereto, which
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consent shall be in the absolute discretion of the Owner. This shall not preclude Tenant
from using Tenant's share of the crops for collateral for an operating loan.
i. Tenant agrees to deliver up and surrender to the Owner, possession of said
Property at the expiration or termination of this Lease, by lapse of time or otherwise.
j. The Tenant's vehicular access on the Property shall be only for crop
management purposes. The Owner retains the right to implement vehicle access
restrictions if vehicle access abuses or conflicts occur that may impact natural resources.
k. No public access, hunting or recreational use of the Property can be
authorized by the Tenant.
1. The Tenant and Tenant's guests, invitees and employees must not use the
Property in any way that violates any applicable law, statute, ordinance, rule, or regulation
of any governmental entity or body.
10. Tenants Having Agent or Manager Relationships. The Tenant may make legal
arrangements with a second party to operate the Tenant's agricultural business under an agent or
manager relationship. The Tenant retains full responsibility for compliance with the provisions and
requirements specified in the Lease. Under an agent or manager relationship Owner must approve
in advance an agreement made between a Tenant and manager or agent. Copies of the agreement
must be filed with the Owner. The agreement must state the scope of authority conferred on the
manager or agent.
11. Contacts. The Tenant shall provide a list of persons, including addresses and
phone numbers, which may be contacted in the case of emergencies. The level of responsibility of
each contact shall be noted. The Owner shall keep the list on file.
12. Assignment and Subletting. Tenant shall not assign any portion of this Lease nor
sublet any portion of the Property without the prior written approval of the Owner, which shall not
be unreasonably withheld. This Lease shall bind all successors and any permitted assigns of the
parties.
13. Insurance. Owner and Tenant shall each be responsible to maintain and pay for their
own crop damage (optional) insurance. Tenant shall pay and maintain liability and workers
compensation insurance in accordance with the requirements set forth by the City of Fort Collins.
Levels of insurance required to be carried by the Tenant are subject to change, and Tenant agrees
to add coverage if necessary.
14. Indemnity. Tenant shall indemnify and save harmless Owner from and against any
and all claims, suits, actions, damages and causes of action arising during the term of this Lease
for personal injury, loss of life, or damage to property sustained in, or upon the Property, and from
and against all costs, attorneys fees, expenses and liabilities incurred in and about any such claims,
the investigation thereof or the defense of any action or proceedings brought thereon, and from any
judgments, orders, decrees, or liens, resultant therefrom by virtue of the use of the Property by
Tenant's or his agent's negligence or willful and wanton conduct. By requiring this right to
indemnification, the Owner in no way waives or intends to waive the limitations on liability which
are provided to the Owner under the Colorado Governmental Immunity Act,C.R.S., Sections 24-
10-101, et seq.
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15. Release. Tenant hereby releases the Owner from any claim for personal injury or
property damage suffered by Tenant as a result of any activity occurring on the Property pursuant
to this Lease.
16. Notices. Written notices required under this Agreement and all other correspondence
between the parties shall be directed to the following and shall be deemed received when hand -
delivered or three (3) days after being sent by certified mail, return receipt requested:
If to Owners:
Natural Areas Department Manager
City of Fort Collins
215 N. Mason Street
P.O. Box 580
Fort Collins, Colorado 80522
If to Tenant: Harry Sauer
1503 W. Shore Dr.
Loveland, CO 80538
17. Condition of Property. Prior to signing this Lease, Tenant has inspected or caused
to be inspected the Property and takes the Property in the condition AS IS. No additional
representation, statement or warranty, express or implied, has been made by or on behalf of Owner
as to such condition. In no event shall the Owner be liable for any defect in such Property or for
any limitation on its use for crop production.
18. Joint and Several Liability. If this Lease is signed on behalf of Tenant by more
than one person, then the liability of the persons so signing shall be joint and several. (The
language "joint and several" means that if more than one person has signed the Lease, then each of
these persons individually and all of these persons collectively are fully responsible for fulfilling
all of the obligations of this Lease, except where expressly otherwise agreed between Owner and
Tenant. For example, one person signing the Lease may be liable for any or all damages to the
Property, even if caused by another person signing the Lease; and one person signing the Lease is
liable for the total amount of rent due, even though other persons have also signed the Lease.)
19. Removal of Personal Property. Tenant shall have the duration of the Lease term to remove
all of Tenant's personal property from the Property, unless Owner terminates this Lease as
provided in Section 22 of this Lease. Tenant agrees that any personal property of Tenant
remaining on the Property after the end of the Lease term, or termination of the Lease, shall be
deemed abandoned by Tenant and Owner shall have the right to dispose of any such personal
property in any manner Owner deems appropriate. Tenant will be liable for any disposal
costsincurred by Owner.
20. No Partnership Created. This Lease shall not be deemed to give rise to a
partnership relation, and neither party shall have authority to obligate the other without written
consent, except as specifically provided in the Lease.
21. Miscelaneous Provisions
a. Time is of the essence of this Lease and of all provisions herein.
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b. If any provisions of this Lease shall be declared invalid or unenforceable,
the remainderof the Lease shall continue in full force and effect.
C. Notwithstanding anything to the contrary contained herein, Owner's liability
under this Lease shall be limited to Owner's interest in the Property.
d. 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.
e. The Owner 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 Property and to lease all
or any portion of the Property to any other third party so long as such easements, rights -of -
way, and leases do not unreasonably interfere with the Tenant's continuing use of the
Property as provided in this Lease.
f. This Lease will not be recorded. However, at the request of the Tenant, the
Owner and the Tenant will execute a memorandum of lease for recording, containing the
names of the parties, the legal description of the Property, the term of the Lease and such
other information as the parties mutually agree upon.
g. Notwithstanding anything herein to the contrary, no term or condition of
this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions of the "Colorado Governmental
Immunity Act", Section 24-10-101, et. seq. CRS, as now or hereafter amended. The parties
understand and agree that the liability of the Owner for claims for injuries to persons or
property arising out of negligence of the Owner, its departments, institutions, agencies,
boards, officials and employees is controlled and limited by the provisions of Section 24-
10-101, et. seq., CRS, as now or hereafter amended. Any liability of the Owner created
under any other provision of this contract, whether or not incorporated herein by reference,
shall be controlled by, limited to, and otherwise modified so as to conform with, the above
cited laws.
22. Default.
a. The Tenant agrees to observe and perform the conditions and agreements
herein set forth to be observed and performed by the Tenant. If Tenant defaults in the
payment of rent, or any part thereof, or if the Tenant shall fail to observe or perform any
conditions or agreements set forth in this Lease, Owner shall give Tenant written notice
that Tenant has fifteen (15) days to cure such breach. If Tenant fails to commence within
said fifteen -day period, a course of performance to cure such default and thereafter to
diligently pursue the work required to correct it, then, and in that event, and as often as the
same may happen, it shall be lawful for the Owner, at its election, to terminate this Lease
and to re-enter and repossess itself of the Property, with or without legal proceedings,
using such force as may be necessary, and to remove therefrom any crops and any personal
property belonging to the Tenant without prejudice to any claim for rent or for the breach
of covenants hereof, or without being guilty of any manner of trespass or forcible entry or
detainer. Tenant agrees to indemnify and hold harmless the Owner from and against any
costs for the removal and storing of crops and personal property elsewhere incurred by the
Owner under the provisions of this paragraph.
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b. If the Owner shall commence an action for collection of rent or other sums
payable under this Lease, or to compel performance of any of the terms or conditions of
this Lease, or for damages for failure of Tenant to perform under this Lease, the Owner
shall collect from the Tenant and Tenant shall pay to the Owner all reasonable attorney's
fees in respect thereof, unless the Owner shall lose such action.
23. Venue. This Lease shall be governed by the laws of the State of Colorado. Venue for any
action brought under this Lease shall be in Larimer County, Colorado.
24. Entire Agreement. This Lease contains the entire agreement of the parties and may not be
altered or amended except by mutual written agreement signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Dryland Farm Lease as of the date
first written above.
TENANT
By:
CITY OF FORT COLLINS
ATTEST:
Kar n Weitkunat, Mayor
Approved As To Form:
t
AssisVnt City Attorney