2017-05-26_REVISION - M1995017 (7)

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LEASE AGREEMENT `i'HIS Agreement (hereafter "Agreement") is entered into this 13th day of �September , 20�by and between the City of Sterling, Colorado, a Colorado home rule municipal corporation ("Landlord"), whose mailing address is 421 N. 4th St., PO Box 4000, Sterling, CO 80751, and Rothe H2O LLC, a Colorado limited liability company ("Tenant"), whose mailing address is 406 Melba Road,Sterling, CO 80751. WITIIESSETH; Landlord hereby leases exclusively to Tenant, to occupy and to use for agricultural purposes only, from November 15,2016 until/November 14,2017,the following lands located in the County of Logan, and State of Colorado,to-wit: A PARCEL OF LAND IN THE SOUTHWEST QUARTER(SW1/4) OF SECTION 33, TOWNSHIP 8 NORTH, RANGE ; 52 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LOGAN COUNTY, COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE NORTH 2014'10"WEST ALONG THE WEST LINE OF SAID SECTION 33 A DISTANCE OF 38.00 FEET; THENCE NORTH 87'44'30" EAST A DISTANCE OF 943.68 FEET; THENCE NORTH 20111'00" EAST A DISTANCE OF 238.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 20011'00" EAST A DISTANCE OF 921.96 FEET; THENCE NORTH 4'18'10"WEST A DISTANCE OF 900,00 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 1015 AT PAGE 452 OF THE LOGAN COUNTY RECORDS; THENCE SOUTH 24'31'55" EAST A DISTANCE OF 127.66 FEET TO THE POINT OF CURVATURE OF A HORIZONTAL CIRCULAR CURVE CONCAVE WESTERLY WHOSE DELTA ANGLE IS 69'57'15" AND WHOSE RADIUS IS 1460,47 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 1783.13 FEET (THE CHORD OF SAID ARC BEARS SOUTH I 10'26143" WEST A'`DISTANCE OF 1674.43 FEET) TO THE POINT OF BEGINNING AND CONTAINING 4.35 ACRES, MORE OR LESS,' (collectively"Property"). Reserving, however, unto Landlord, its successors and assigns forever, the absolute and unconditional right to withdraw any acres of the Property from this Agreement for any purposes deemed in Landlord's best interests, all as determined solely and absolutely by Landlord. It is expressly understood and agreed that this Agreement confers no right upon Tenant to any standing timber or minerals in, on,and/or underlying the Property. TERM Subject to Landlord's right to terminate as provided in this Agreement, or as otherwise provided by law, the term of this Agreement shall be from November 15, 2016 until November 14, 2017 ("Termination Date") at which time this Agreement shall terminate without further notice and/or demand. RENT Tenant shall pay rent in the sum of One Dollar ($1.00) payable to the Landlord on or before December 1, 2016 at Landlord's address at PO Box 4000, Sterling, CO 8075 1. TENANT'S OBLIGATIONS Tenant promises and agrees to furnish all the materials and labor and pay all the items of expense for the following: -1- 8/30,'2016 9:33 Ah1