HomeMy WebLinkAbout20102652.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING ZCV #1000098 AGAINST UNION PACIFIC
RAILROAD/LONG FOR VIOLATION OF THE WELD COUNTY CODE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Union Pacific Railroad, c/o Jeremy James Long, ZCV #1000098, is
allegedly in violation of the Weld County Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 9th day of November, 2010, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Jeremy James Long and Arnold Long, tenants, were present at said
hearing and provided testimony, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said
violation to the Weld County Attorney's Office for legal action, with an instruction for delay of
action upon such referral until May 9, 2011, to allow adequate time for the tenant(s) to contact
Union Pacific Railroad for permission to proceed with the USR application process.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that ZCV #1000098 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Union Pacific Railroad and Jeremy James Long to
remedy the violation of the Weld County Code, and any other persons occupying the properties,
any persons claiming an interest in the properties, and any persons acting in active concert with
the identified parties, with an instruction for delay of action upon such referral until May 9, 2011,
to allow adequate time for the tenants to contact Union Pacific Railroad for permission to
proceed with the USR application process.
Cl Pt, Viol.
2010-2652
/-4 -// PL0824
VIOLATIONS -ZCV#1000098 — UNION PACIFIC RAILROAD/LONG
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of November, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: : r '�`\ c - 1-c-c J
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Weld County Clerk to the =•:r O:= A///-4A,_
`�� 3 " rbara Kirkmeyer, ro-Tem
BY: LtInl. i l "3] ����
Depu Clerk t• the Board e �j
Seam on
APPO ARM: / (I l(William F. Garcia
yC•unty Attorney EXCUSED
David E. Long
Date of signature: I l'l l li
2010-2652
PL0824
COLORADO Planning Department
ZONING VIOLATION CASE SUMMARY
Violation Number: ZCV10-00098 Compliance Officer: Bethany Salzman
PRIMARY OWNER: Situs Address: 0 WELD
UNION PACIFIC RAILROAD
Mailing Address: 1400 DOUGLAS ST, STOP 1690
OMAHA, NE 68179-1690
Phone: 402-544-8552
VIOLATION CONTACTS:
JEREMY JAMES LONG 16166 CR 44 970-397-4952
(Tenant) LASALLE, CO 80645-8729
PARCEL:
105723000012-R0278687 Acreage: 13.04
Legal Description: 17181A PT NW4NW4 23 4 66 RR R/W
LOCATION:
Location: East of and adjacent to Hwy 85 and South of and adjacent to CR 44
North: Agriculturally zoned properties
South: Agriculturally zoned properties and approximately 1 mile Northeast of Gilcrest Municipal boundaries
East: Agriculturally zoned properties
West: Agriculturally, C-3 (Commercial), Estate PUD zoned properties (Hunt-Wiedeman PUD)
NOTIFICATION INFORMATION:
Certified Date 10/08/2010
Certified Reference Number 7008 3230 0000 0473 2540
Certified Receipt Date 10/18/2010
VIOLATION DESCRIPTION:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-40 Uses by special review
23-3-40.B Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including:
23-3-40.6.2 Grain and/or feed elevators.
23-3-40.B.4 Farm equipment sales, repair and installation facilities.
23-3-40.6.6 Grain and feed sales.
23-3-40.6.7 Commercial grain storage and drying.
23-3-40.B.8 Fertilizer storage, mixing, blending and sales.
23-3-40.B.9 Seed production, processing, storage, mixing, blending and sales.
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision.
PUD development proposals shall not be permitted to use the special review permit process to develop.
2010-2652
COLORADO Planning Department
ZONING VIOLATION CASE SUMMARY
VIOLATION REMEDY:
It is my understanding during the Pre-Application meeting conducted at this office on September 3, 2010 the
options available to correct this violation were explained by Michelle Martin. The commercial activities, storage
and operations shall be removed or a Use by Special Review (USR) application shall be completed and
submitted to this office for processing.
Since I have noted significant progress towards removal of items necessary to bring the property into
compliance, your request for an extension was granted. However, it was granted by scheduling out the
Violation Hearing until November. Please keep in mind, if the property is brought into compliance prior to the
above referenced hearing date, the violation will be closed and the hearing cancelled. If not, I recommend you
or a representative attend the hearing to request additional time from the Board.
RECOMMENDATION:
The Department of Planning Services recommends this case be forwarded to the County
Attorney's Office for immediate legal action.
WORKFLOW SUMMARY:
Case Initiation 08/06/2010 Initiated
Violation 08/06/2010 5 Day Letter
Violation 08/16/2010 Violation Notice
Violation 10/05/2010 Hearing Notification
OTHER CASE HISTORY:
08/11/2010 Telephone call Jeremy James Long (970-397-4952) called regarding the letter he
received. He and I discussed the violation and the Pre-Application
Request form. He then called again indicating he had more
questions. Kim Ogle and I called him back. Kim walked him through
the USR application process and again advised him to turn in the
Pre-Application Request form.
09/07/2010 Office visit Ms. Mahoney came to the Greeley Planning Office to discuss the
violation case against Mr. Jeremy Long. She explained that she
owns the home. She explained that she had hired a Gary Dejohn to
move the home to Aurora, but ran into several problems with this
arrangement. After a long discussion, I advised her that she could put
all this information in writing and I would add it to the violation file.
She said she would do that.
09/08/2010 E-mail received From: Chad Mahoney [mailto:c-smahoney@msn.com]
Sent: Wednesday, September 08, 2010 12:05 PM
To: Bethany Salzman
Subject: House, Jeremy Long
Bethany Salzman
Zoning Compliance Officer
Concerning, the house in Weld County on Jeremy Longs property;
the following are the basics. I purchased the house from Gary
DeJohn for$13,000. The price included a move and a set. I was
very naive and didn't know the scope of the process of bringing a
home into Aurora. For many months, I argued with Gary to bring the
house to me because when I paid him he said he would deliver it
next week. On the first Saturday in March, my husband and I went
to his home and put serious pressure on him. At that time, he told
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COLORADO Planning Department
ZONING VIOLATION CASE SUMMARY
us we couldn't get a moving permit to bring it into Aurora without a
building permit. That is when I started with the permitting phase. I just
didn't know. I thought I would get a building permit and set it when I
got the money or my husband was laid off which was coming.
Through March and April I pushed the house through planning and
submitted. At some point, it turned out that since the property hadn't
been platted, that needed to be done. After the plat is complete, the
building permit can be filed. The plat is at the second review phase.
As this is happening, Jeremy wants the house off his land. He has
asked Gary many times to remove it. Garys line is that it is my
problem and doesn't want to double handle the house. When
Jeremy started getting rougher with us, I went to my project manager
at Aurora and negotiated to bring it into the city, and put it in storage
on a M-1 storage lot. That took a lot of talking and a lot of hoops to
jump though. At this point, a permit to move it into the city can be
bought. We are back to pressuring Gary.
In desperation, we bought a truck and the hitches, chains, lights,
wide load signs etc., to move it. If we can get the permits and some
of the other hurdles, like insurance we would like to move it
09/08/2010 E-mail received continued ***E-mail continued*"*
legally ourselves. Ito the have been to the public works department
and will start to work on the special transport permit application.
Thats if we can't get Gary to budge.
The time frame to prosecute Gary to perform would be pretty slow.
I am very committed to this house. To date, we have done and paid
for the following, purchased the land,
installed the water across a six lane road, have sewer tap fee paid,
and have gas, phone, and electricity installed I now know, I will
complete this process.
I have a contract that pays for a move. Jeremy has no contract with
Gary.
Thank you for your time.
Susan Mahoney
c-smahoney@msn.com
Home: 303-344-9369
Cell: 720-937-7202
09/10/2010 Phone call Sue Mahoney called again. She said Jeremy is pressuring her into
paying the fee. She asked if the fee was directly associated to the
house. I explained that the violation was initiated due to the addition
of the house, but the house was not the only aspect of the violation.
If the house were removed today, the fee would still be required. She
asked if the house was listed on the complaint. I told her yes.
09/10/2010 Phone call Jeremy Long (397-4952) called. He said he is working really hard on
getting the property cleaned up. He said he is running into problems
with the shed guy and the house lady. I told Jeremy that I have had
discussions with Sue Mahoney. He said now that he has met with
staff does he get the 60 days. I explained that would apply if he
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COLORADO Planning Department
ZONING VIOLATION CASE SUMMARY
were going to submit a USR application. He said Michelle was going
to check with the "District Attorney" to see if he could even apply. I
explained that Michelle indicated she was going to call him later this
afternoon regarding that information. He asked if he removes
everything if he can still sell grain from there. I explained that he
should discuss that with Michelle as well, but the only use by right
would be the temporary storage of in transit crops (6 months or less)
and no selling; otherwise, he would still need the USR permit. I told
him to discuss it with Michelle when she called. He asked if I knew
what was decided about him being able to apply for the USR, I told
him that I would really prefer for Michelle to discuss that with him.
He said okay. He asked if he could get an extension from the 16th.
I told him to get me something in writing requesting that and I would
be open to 1 extension for 30 days (so October 16, 2010). He said
he would get me something and said thank-you.
09/15/2010 Letter received Received letter from Jeremy Long requesting an extension.
10/08/2010 E-mail sent From: Bethany Salzman
Sent: Friday, October 08, 2010 7:51 AM
To: 'Rod D. Peterson'
Subject: Jeremy James Long - 16166 CR 44, LaSalle, Co 80645
I am forwarding a copy of the County's letter to the business
operator(the Railroad's tenant) to you, because the Railroad is the
owner of the property. As you and I have previously discussed via
e-mail, the Railroad's tenant is in violation of the Weld County Code,
because he is operating a business without the appropriate permits.
It is the policy of the County to involve both the owners and
occupants of a property subject to a violation proceeding. Property
owners are brought into the matter because they retain ultimate
control over who occupies their property and what happens on the
property. For example the lease between the Railroad and Jeremy
James Long, Subsection 6, Paragraph D, states: tLessee shall
comply with all governmental laws, ordinances, rules, regulations
and orders relating to Lessee's use of the Premises.6 The fact that
he has failed to adhere to that requirement permits the Railroad to
evict him. If he is evicted, the property is no longer in violation of the
Weld County Code.
Therefore, please be aware that Mr. Long's continued failure to bring
this property into compliance with the Weld County Code might
result in a decision by the Board of County Commissioners to refer
the matter for legal action, and if that occurs, the County might have
to name both the Tenant and the Railroad as Respondents in a civil
case.
Please feel free to contact me with any questions or concerns.
Bethany Salzman
Zoning Compliance Officer II
1555 North 17th Avenue
Greeley, CO 80631
Office: (970)353-6100 Ext. 3555
Fax: (970)304-6498
Web: www.co.weld.co.us
4*(14:.'
Elk
COLORADO
Planning Department
ZONING VIOLATION CASE SUMMARY
10/18/2010 Certified receipt Received Certified Receipt signed
INSPECTION SUMMARY:
Zoning Inspection 08/05/2010 Noncompliance Bethany Salzman
Inspection Result Comment Upon a visual inspection of the property, the following items were noted: sales
yard of sheds, cars, play ground equipment, rocks and landscaping materials.
Also storing vehicles, an actual house, wood and miscellaneous debris. No
pictures were taken during this inspection.
Zoning Code Inspection 10/18/2010 Noncompliance
Inspection Result Comment Upon a visual inspection of the property, the following items were noted: the
stick built house, the sheds &the play ground equipment has all been removed.
I saw signs advertising feed sales and "we buy junk vehicles". I also noted there
is still a fabric screened area screening an apparent
Noncommercial/Commercial Junkyard storage area. No pictures were taken
during this inspection.
Zoning Code Inspection 10/28/2010 Noncompliance
Inspection Result Comment During an on-site inspection with Jeremy Long, the following items were noted:
the sheds, vehicle sales/storage, house and outdoor storage has been removed.
The advertisements of accepting vehicles has been removed. I did note they are
still selling feed, seed, hay, etc. They have 2 grain haulers parked in the
screened area. Jeremy intended to attend the hearing and to request 30 days to
submit a USR application for the grain, feed, seed, sales/storage operation. He
then added that he intends to recycle cans. He then also indicated he intends
to continue vehicle consignment operations. No pictures were taken during this
inspection.
(44/0 (‘---Nc....\\
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
October 8, 2010
UNION PACIFIC RAILROAD
1400 DOUGLAS ST, STOP 1690
OMAHA,NE 68179-1690
JEREMY JAMES LONG
16166 CR 44
LASALLE, CO 80645
Zoning Violation Case: ZCV10-00098
Situs Address: 0 WELD
Legal Description: 17181A PT NW4NW4 23 4 66 RR RAN
Dear Union Pacific Railroad:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on
11/09/201'0 10:00 AM
The above mentioned property remains in violation of the following Section(s) of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-40 Uses by special review
23-3-40.B Agricultural Service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including:
23-3-40.8.2 Grain and/or feed elevators.
23-3-40.8.4 Farm equipment sales, repair and installation facilities.
23-3-40.8.6 Grain and feed sales.
23-3-40.8.7 Commercial grain storage and drying.
23-3-40.8.8 Fertilizer storage, mixing, blending and sales.
23-3-40.8.9 Seed production, processing, storage, mixing, blending and sales.
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the property is not a lot
in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
hiDe
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
adoption of any regulations controlling subdivision. PUD development proposals shall not be
permitted to use the special review permit process to develop.
To bring your property into compliance with the Weld County Code:
It is my understanding during the Pre-Application meeting conducted at this office on
September 3, 2010 the options available to correct this violation were explained by
Michelle Martin. The commercial activities, storage and operations shall be removed or a
Use by Special Review (USR) application shall be completed and submitted to this office
for processing.
Since I have noted significant progress towards removal of items necessary to bring the
property into compliance, your request for an extension was granted. However, it was
granted by scheduling out the Violation Hearing until November. Please keep in mind, if
the property is brought into compliance prior to the above referenced hearing date, the
violation will be closed and the hearing cancelled. If not, I recommend you or a
representative attend the hearing to request additional time from the Board.
This hearing will take place in the County Commissioners Hearing Room, First Floor, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative
be in attendance to answer any questions the Board of County Commissioners might have about the
violations.
Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the
business day before or as soon as possible to the above mentioned violation hearing date.
The Department of Planning Services staff will be recommending that the Board of County
Commissioners authorize the County Attorney to proceed with legal actions to remedy the violation. Our
records indicate that your were made aware of the nature of the violation including the action necessary
to correct the violation, and that you were given sufficient time to remedy this violation. If you have any
questions concerning this matter, please call me.
Sincerely,
ry,
el q y�()_Bethany Salzman
Zoning Compliance Officer II
File: ZCV10-00098
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Weld County Planning Department
GREELEY OFFICE
September 9, 2010 SEP 15 2ntn
RECEIVED
Department of Planning Services
Zoning Compliance Division
1555 North 17th Avenue
Greeley, CO 80631
RE: Zoning Violation Case#ZCV10-00098
Dear Bethany Salazar,
I would like to ask for a 30 day extension on zoning violation case number ZCV10-00098. The reason for
the extension is I am still waiting to hear back from the Railroad to see if they will allow me to rezone
their property. Also, I have removed the cars and landscaping materials but I'm still waiting on the
sheds to be removed from the property. I have written a letter and have also called the owner of the
sheds and he assured me that they will be removed. However, he is out of town right now and will take
care of it when he gets back on October 5th 2010.
I have almost gotten everything taken care of but I have to wait on the owner of the sheds and the
Railroad. Thank you for your patience in this matter. Please let me know if this is a problem.
Sincerely,
(Jeremy Long
970-397-4952
16166CR44
La Salle, CO 80645
F Form Submit by Email
7 nt . 3 c) W11tf t ounty anning Department
1i WELD COUNTY GREELEY OFFICE
AUG 26min
PRE-APPLICATION REVIEW REQUEST RELEIvf D
• The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required
prior to beginning the application process; however, this review is not an application.
Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and
and Environment. Pre-Application reviews are held Thursday and Friday of any given week in the Greeley office.
To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to
the review date,and shall include at a minimum, a description of the property including surrounding lands and land
uses, property owners name and contact information, a brief narrative and a map delineating the property location,
in addition to the other items listed.
• The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us
Please print a copy of the Assessor's page and submit it with your pre-application review request.
• Mail,fax or drop off the request and required checklist items to the address listed below, a minimum of one week
prior to your preferred meeting date.
• Submitting your request in a timely manner is important to get your project scheduled for review.
Contact Information:
Name: J,,rem, OCl c
Phone: (1'�0_-Rd (i_t I()` Q Fax:
Email: t_ . 777 I '/ ' /a q
Address: ,I M CR LALI L.a Sail? lip C)O(oils
Project Description: &- J FUPVRTot Sett Feco vie,-414- 6rACAl
ljf7 sett coA-' i6A/x,,enrrsr FRrM 5G0i4y trer}ic/ai SNr/9S..
roperty Information:
Section-Township-
Range OI t • LAD
-�„rr_ o Zoning
Parcel Number l `f ln_ap,�+' ✓ 3 Acreage 93 Sc- Fr
Site Address 1I pv't,_/ c : ' 1/ f ' ,,,c ` �as Water Source �•j T7 TP /}
Legal Description n a1.-no, ,.o-`'j on Oip Sewer Se r C /'
Owner Name - Stier M\ L `(.M
Is this property currently in violation? )(yes r No J Case Number 7.C- `D'WA
Preferred date and time for meeting:
Uttice Use Only
Project Title:
Description: •
Review Date: Meeting Date/Time:
:
Weld County Department of Planning Services
918 10th Street, Greeley CO 80631
Phone: 970-353-6100 x3540
NwNN Q3 Fax: 970-304-6498
August 19, 2010
Weld County Department of Planning Services
918 10th St
Greeley, CO 80631
RE: Pre-Application Review Request
Jeremy Long
Grain Elevator at Peckham,CO
16166CR44
La Salle, CO 80645
To Whom It May Concern:
I would like to continue to use the property listed above for buying and selling grain, hay, beans and
agricultural equipment. I would also like to continue to use the property for consignments for cars and
sheds. We have been trying to do a little bit of everything to try and survive the economy. I know a few
people that have left their consignments has gotten a little out of control and I have been working on
getting the sheds, house and landscaping materials removed from the property. I want the place
cleaned up too and I have been getting the place cleaned up. It is just me and my father that work there
and is our only source of income. Please let me know what other steps that I can take to come into
compliance.
Sinc ly,
eremy Long
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R4419286 Parcel#: 105723000043
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Tax Area: 0104 Bordering County:
Acres:
Township Range Section Quart. Sec. Subdivlson Name Block# Lot#
04 - 66 - 23 -0 - -
Owners Name &Address: Property Address:
LONG JEREMY) Street: 16166 44 CR
16166 CR 44 City: WELD
LA SALLE, CO 80645-8729
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
$0
Legal Description
17181 IMPS ONLY ON UPRR NW4NW4 23 4 66
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value
Value
1 Out Building
Improvements Subtotal: $6,422 $1,860
Total Property Value $6,422 $1,860
Building Details
Account#: R4419286 Parcel#: 105723000043
Owners Name &Address: Property Address:
LONG JEREMY) Street: 16166 44 CR
16166 CR 44 City: WELD
LA SALLE, CO 80645-8729
Building# Property Type
1 Out Building
Individual Built As Detail
Built As: Grain Elevator Metal Wood Year Built: 1920
Exterior; HVAC: None
Interior Finish: Built As SQ Ft: 1
#of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
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//I EXHIBIT"A"
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COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
August 16, 2010
UNION PACIFIC RAILROAD
ATTN: ROD PETERSON
1400 DOUGLAS ST, STOP 1690
OMAHA,NE 68179-1690
JEREMY JAMES LONG
16166 CR 44
LASALLE, CO 80645-8729
Zoning Violation Case:ZCV10-00098
Legal Description: 17181A PT NW4NW4 23 4 66 RR R/W
Situs Address: 0 WELD
Dear Union Pacific Railroad:
The uses on the above described property are being considered as a zoning code violation of Sections of
the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld
County Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-40 Uses by special review
23-3-40.B Agricultural Service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including:
23-3-40.B.2 Grain and/or feed elevators.
23-3-40.B.4 Farm equipment sales, repair and installation facilities.
23-3-40.B.6 Grain and feed sales.
23-3-40.6.7 Commercial grain storage and drying.
23-3-40.B.8 Fertilizer storage, mixing, blending and sales.
f
ra
-;"\\\\
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
23-3-40.6.9 Seed production, processing, storage, mixing, blending and sales.
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the property is not a lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivision. PUD development proposals shall not be
permitted to use the special review permit process to develop.
To bring your property into compliance with the Weld County Code:
As discussed with Mr. Long on August 11, 2010, the presence of a sales yard (including
but not limited to sheds, playground equipment, landscaping materials, rocks, vehicles,
etc) requires a Use by Special Review (USR) permit. The first step in this process is a
Pre-Application Request meeting. This step is completely free, but does require submittal
of a short application. My records indicate that I previously sent this application with my
initial letter; however, please also feel free to visit the following web address:
http://www.co.weld.co.us/redesign/assets/9A9dc6d8207C1 D3D7c30.pdf
This web address will take you to the Pre-Application Review Request link; otherwise go to:
www.co.weld.co.us At the top of the page, just under the Weld County logo, Click on
Departments, go to Planning & Zoning (click on this link) Then click on the Planning
Department link on the left hand side of the page. Then click on Land Use Applications
link that pops up next to Planning Department. Please scroll down to the Pre-Application
Request link.
Furthermore, the presence of a NONCOMMERCIAL JUNKYARD is an accessory use to a
Use by Right. Since a Dwelling Unit is not situated on this property, a Noncommercial
Junkyard is not an allowed use.
It is the intention of this office to assist and cooperate with you without imposing undue hardships;
however, we have no discretion in this matter if you fail to correct this violation. You have until
09/16/2010
jt
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
to correct this zoning violation. Failure to do so will result in this office scheduling the violation before
the Board of County Commissioners to consider whether to refer the violation to the County Attorney's
Office for legal action.
Any information you have that may help to resolve this matter will be useful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me at
the above address, telephone number or e-mail address. If you wish to see me personally, please call
Sincerely,
Bethany Salzman
Zoning Compliance Officer II
File: ZCV10-00098
(it-;:,.\s\\\
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
August 09, 2010
UNION PACIFIC RAILROAD
ATTN: ROD PETERSON
1400 DOUGLAS ST, STOP 1690
OMAHA,NE 68179-1690
JEREMY JAMES LONG
16166 CR44
LASALLE, CO 80645-8729
Zoning Violation Case:ZCV10-00098
Situs Address: 0 WELD
Legal Description: 17181A PT NW4NW4 23 4 66 RR RAN
Dear Union Pacific Railroad:
It has come to the attention of the Department of Planning Services staff that the uses on your property
may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with
the Weld County Code are as follow:
The presence of a sales yard (including but not limited to sheds, playground equipment,
landscaping materials, rocks, vehicles, etc) requires a Use by Special Review (USR) permit.
The first step in this process is a Pre-Application Request meeting. This step is completely
free, but does require submittal of a short application. Please see the enclosed application
OR My records indicate that I previously sent this application with my initial letter; however,
please also feel free to visit the following web address:
http://www.co.weld.co.us/redesign/assets/9A9dc6d8207C1 D3D7c30.pdf
This web address will take you to the Pre-Application Review Request link; otherwise go to:
www.co.weld.co.us At the top of the page, just under the Weld County logo, Click on
Departments, go to Planning & Zoning (click on this link) Then click on the Planning
Department link on the left hand side of the page. Then click on Land Use Applications link
that pops up next to Planning Department. Please scroll down to the Pre-Application
Request link.
6(fectisz--.
hiDe
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
Furthermore, the presence of a NONCOMMERCIAL JUNKYARD is an accessory use to a
Use by Right. Since a Dwelling Unit is not situated on this property, a Noncommercial
Junkyard is not an allowed use.
Please contact me within five working days of the date of this letter to review these concerns with me.
Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see
me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time
with you.
Sincerely,
ethany Salzma
Zoning Compliance Office
File: ZCV10-00098
L -int Form Submit by Email
WELD COUNTY
PRE-APPLICATION REVIEW REQUEST 1
• The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required
prior to beginning the application process; however, this review is not an application.
Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and
and Environment. Pre-Application reviews are held Thursday and Friday of any given week in the Greeley office,
To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to
the review date, and shall include at a minimum, a description of the property including surrounding lands and land
uses, property owners name and contact information, a brief narrative and a map delineating the property location,
in addition to the other items listed.
• The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us
Please print a copy of the Assessor's page and submit it with your pre-application review request.
• Mail,fax or drop off the request and required checklist items to the address listed below, a minimum of one week
prior to your preferred meeting date.
• Submitting your request in a timely manner is important to get your project scheduled for review.
Contact Information:
Name:
Phone: Fax:
Email:
Address:
Project Description:
property Information:
Section-Township-
Range Zoning
Parcel Number Acreage
Site Address Water Source
` Legal Description Sewer
COwner Name
p in Is this property currently in violation? )(Yes r No Case Number 71-A., (Q_ (/ -1,7)
Preferred date and time for meeting: �+
Office Use Only
Project Title:
Description:
Review Date: Meeting Date/Time:
Weld County Department of Planning Services
918 10th Street, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
WELD COUNTY
PLEASE PROVIDE THE FOLLOWING ITEMS:
To view the Weld County Code, please go to www.co.weld.co.us,
/-- --
�-F�OR (SPR) SITE PLAN REVIEWS:
D Brie p arrative explaining reque
❑ Conceptual site p a ring a ctures, parking, nearby roads, and driveway access
❑ Existing contours and ose s
❑ Conceptual dry' e
❑ Conc building elevations
onceptual landscape plan
C.
FOR (USR) USE BY SPECIAL REVIEWS: J
❑ Brief project narrative explaining request
❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access
❑ Existing contours and proposed grades
❑ Conceptual drainage
❑ Conceptual landscape plan
FOR (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): J
roject narrative explaining request
E Exhibit s' desired changes to be made
❑ Location map show' o erty, Burro rea and adjacent uses
❑ Conceptual zoning ma o 'rent and proposed zoning
❑ Conceptu an showing all structu , arking, nearby roads, and driveway access
' ing contours and proposed grades
H Conceptual drainage
❑ Conceptual landscape plan
Weld County Department of Planning Services
918 10th Street, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
Bethany Salzman
From: Rod D. Peterson [RDPETERS@up.com]
Sent: Tuesday, August 03, 2010 12:33 PM
To: Bethany Salzman
Cc: kmsnead@up.com
Subject: Fw: SE corner of Hwy 85 & CR 44
Attachments: pic14902.gif; pic28255.gif; Lease19558.pdf; SE corner Hwy 85 CR 44.jpg
The name and address at this location of our Lessee is:
Jeremy James Long
16166 County Road 44
La Salle, CO 80645-8729
Phone 303-667-4737
Copy of the lease is attached.
(See attached file: Lease19558.pdj)
Rod Peterson
Senior Manager - Real Estate
Union Pacific Railroad
1400 Douglas Street, STOP 1690
Omaha, NE 68179
Forwarded by Rod D. Peterson/UPC on 08/03/2010 01:25 PM
Kathleen M.
Snead/UPC ToRod D. Peterson/UPC@UP
08/03/2010 11:39 cc
AM
SubjectFw: SE corner of Hwy 85 &CR 44
Rod
I have asked for a street address. Sending on toyou for further handling.
Kathleen M. Snead
303-405-5407
Fax: 303-405-5413
Forwarded by Kathleen M. Snead/UPC on 08/03/2010 10:37 AM
Bethany Salzman
<bsalzman(a)co.weld.co.us> To"kmsneadnup.com" <kmsneadOup.com>
08/03/2010 10:29 AM ccStephanie Arries<sarries(a)co.weld.co.us>
1
SubjectSE corner of Hwy 65 &CR 44
Kathy,
My name is Bethany Salzman and I am the Zoning Compliance Officer for Weld County. I will be
initiating a violation against the tenant(s) on the SE corner of Hwy 85 and CR 44. I have seen their
uses expand over the years and even more in recent months. A Use by Special Review (USR)
permit would be required for the types of uses being conducted.
It appears there may be more than one tenant. Car sales, shed, playground equipment, rocks,
landscaping materials, wood, vehicle storage, an actual house, oil and gas tank storage, etc. Please
see the attached map.
Can you please provide the tenant(s) information and a copy of their rental agreement(s) (lease)?
Thank-you
Bethany Salzman
Zoning Compliance Officer II
1555 North 17th Avenue
Greeley, CO 80631
(970)353-6100 Ext. 3555 (office)
(970)304-6498 (fax)
bsalzman@co.weld.co.us
il..De
COLORADO
(See attached file: SE corner Hwy 85 CR 44.jpg)
**
This message and any attachments contain information from Union Pacific which may be confidential and/or
privileged. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the
contents of this message is strictly prohibited by law. If you receive this message in error, please contact the
sender immediately and delete the message and any attachments.
**
2
FIE COPY
Folder: 00195-58
Audit No:OMA6253
LEASE OF PROPERTY
THIS LEASE ("Lease") is entered into on the 1 day of Pr// , 20dv,
between UNION PACIFIC RAILROAD COMPANY ("Lessor") and JEREMY JAMES LONG, an
individual,whose address is P.O. Box 991,Brighton,Colorado 80601 ("Lessee").
IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
Article I. PREMISES;USE.
Lessor leases to Lessee and Lessee leases from Lessor the premises ("Premises") at Peckham,
Colorado, as shown on the print dated April 13, 2000, marked Exhibit "A", hereto attached and made a
part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto and made a part
hereof. The Premises may be used for grain/feed storage and handling and agri-business consignment
sales and for no other purpose.
Article IL TERM.
The term of this Lease shall commence on May 10, 2000, and unless sooner terminated as
provided in this Lease, shall extend for one year; and thereafter, shall automatically be extended from
year to year.
Article Ill. RENT
A. Effective August 1, 2000, Lessee shall pay to Lessor, in advance, rent of One Thousand
Six Hundred Seventy-Six Dollars ($1,676.00) annually, The rent shall be increased by Three Percent
(3%)annually,cumulative and compounded.
B, Not more than unce every three(3)years, Lessor may redetermine the rent. In the event
that Lessor does redetermine the rent,Lessor shall notify Lessee of such change.
Article IV. ADMINISTRATIVE HANDLING CHARGE
Lessee shall pay to Lessor an administrative handling change in the amount of Two Hundred
Fifty Dollars ($250.00) as reimbursement for clerical, administrative and handling expense in connection
with the processing of this Agreement..
Article V. SPECIAL PROVISION-FENCE/BARRICADE
Lessee, at Lessee's sole cost and expense, shall construct and maintain, at all times during the
term of this Lease, a fence/barricade of a design satisfactory to Lessor and along the cast line of the
Premises, extending from points opposite the building situate thereon, to the north line and to the south
line of the Premises, and generally in the location shown on the attached Exhibit A.
Article VI. SPECIAL PROVISION--CANCELLATION
Effective upon commencement of the term of this Lease, the Lease dated October 27, 1982, with
Weld Grain Company, Inc., identified as Audit No.OMA6253 (the `Prior Lease'), together with any and
CODED
By: MAY 2? 2U3'3
Date:
all supplements and amendments, is canceled and superseded by this Lease, except for any rights,
obligations or liabilities arising under the Prior Lease before cancellation, including any consent to
conditional assignment, chattel agreement, or consent to sublease. The security deposit provision or
rental payment, if any, contained in the Prior Lease, will survive the cancellation of the Prior Lease and
be made n part of this Lease.
- IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first
herein written.
UNION PACIFIC RAILROAD COMPANY JEREMY JAMES ON
By: !J 6:12/aT1141'_ By:
S or Manager-Real Estate Ti e: /lest 6,
NOTE: Cancels and supercedes lease with Weld Grain.
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— _ — — 3 ➢ • ' •, \ "' LEASE AREA=43,650 Sq. Ft. qI\`,
'I KEYES l - - - $— ' ' i! AVE. ,R 1°�
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\\\ j NOTE: BEFORE YOU BEGIN ANY WORK,SEE
\ • ' ° j• i AGREEMENT FOR FIBER OPTIC PROVISION.
`� \\ / \ � • � EXHIBIT"A„
` P.N' // \� UNION PACIFIC RAILROAD COMPANY
PECKHAM, CO
` \ / Sl• M.P.42:25-Greeley Subdivision
'', Al Lease to JEREMY JAMES LONG
. \ 'I' SCALE: I"-200'
\\}5K, \ /„ / \ dk' / REAL ESTATE DEPARTMENT
PP \ /z• j / \_ OMAHA,NE Date: April 13,2000
G\' , \ Folder: 195.56
' LEGEND '
Lease Area Shown Dot Screen
«..p..4 ,Y General location of Fence/Barricade Shown \< A K
cu�,t.n�,•...L�,ifc C..,., (RR)R/W Outlined ____---
),M
1ND LS 11/15/99
APPROVED,LAW
EXHIBIT B
Section i. IMPROVEMENTS.
No improvements placed upon the Premises by Lessee shall become a part of the realty.
Section 2. RESERVATIONS AND PRIOR RIGHTS.
A. Lessor reserves to itself, Its agents and contractors,the right to enter the Premises at such
times as will not unreasonably interfere with Lessee's use of the Premises.
B, Lessor reserves(i)the exclusive right to permit third party placement of advertising signs on
the Premises,and(ii)the right to construct, maintain and operate new and existing facilities(including,without
limitation,trackage,fences,communication facilities, roadways and utilities)upon,over,across or under the
Premises,and to grant to others such rights, provided that Lessee's use of the Premises is not interfered with
unreasonably.
C. This Lease is made subject to all outstanding rights, whether or not of record. Lessor
reserves the right to renew such outstanding rights.
Section 3. PAYMENT OF RENT.
Rent(which includes the annual rent and all other amounts to be paid by Lessee under this Lease)
shall be paid in lawful money of the United Slates of America, at such place as shall be designated by the
Lessor, and without offset or deduction.
Section 4, TAXES AND ASSESSMENTS.
A. Lessee shall pay, prior to delinquency, all taxes levied during the life of this Lease on all
personal property and improvements on the Premises not belonging to Lessor. If such taxes are paid by
Lessor, either separately or as a part of the levy on Lessors real property,Lessee shall reimburse Lessor in
full within thirty (30)days after rendition of Lessor's bill.
B. If the Premises are specially assessed for public improvements, the annual rent will be
automatically increased by 12%of the full assessment amount.
Section 5. WATER RIGHTS.
This Lease does not include any right to the use of water under any water right of Lessor, or to
establish any water rights except In the name of Lessor.
Section 6. CARE AND USE OF PREMISES.
A Lessee shall use reasonable care and caution against damage or destruction to the
Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any
nuisance, permit any waste,or use the Premises in any way that creates a hazard to persons or property.
Lessee shall keep the Premises in a safe, neat,clean and presentable condition,and in good condition and
repair. Lessee shall keep the sidewalks and public ways on the Premises,and the walkways appurtenant to
any railroad spur track(s)on or serving the Premises,free and clear from any substance which might create
a hazard and all water flow shall be directed away from the tracks of the Lessor.
B. Lessee shall not permit any sign on the Premises,except signs relating to Lessee's business.
C. If any improvement on the Premises not belonging to Lessor Is damaged or destroyed by fire
or other casualty, Lessee shall, within thirty (30) days after such casualty, remove all debris resulting
therefrom. If Lessee fails to do so, Lessor may remove such debris,and Lessee agrees to reimburse Lessor
for all expenses incurred within thirty(30)days after rendition of Lessor's bill.
Page 1 of 5
C'%TEMPVNOLEASE EXa OOC
MD LS 11/15/99
APPROVED, LAW
D. Lessee shall comply with all governmental laws,ordinances, rules, regulations and orders
relating to Lessee's use of the Premises,
Section 7. HAZARDOUS MATERIALS, SUBSTANCES AND WASTES.
A. Without the prior written consent of Lessor, Lessee shall not use or permit the use of the
Premises for the generation, use,treatment, manufacture,production,storage or recycling of any Hazardous
Substances, except that Lessee may use (i) small quantities of common chemicals such as adhesives,
lubricants and cleaning fluids in order to conduct business at the Premises and (ii) other Hazardous
Substances,other than hazardous wastes as defined in the Resource Conservation and Recovery Act, 42
U.S.C. §§6901, et seq.,as amended ("RCRA"),that are necessary for the conduct of Lessee's business at
the Premises as specified in Article I. The consent of Lessor may be withheld by Lessor for any reason
whatsoever, and may be subject to conditions in addition to those set forth below. It shall be the sole
responsibility of Lessee to determine whether or not a contemplated use of the Premises is a Hazardous
Substance use.
B. In no event shall Lessee(i)release, discharge or dispose of any Hazardous Substances, (il)
bring any hazardous wastes as defined in RCRA onto the Premises, (iii)install or use on the Premises any
underground storage tanks, or(iv) store any Hazardous Substances within one hundred feet(100') of the
center line of any main track.
C. if Lessee uses or permits the use of the Premises for a Hazardous Substance use, with or
without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification numbers and
notices issued by governmental agencies in connection with such Hazardous Substance use,together with
such other information on the Hazardous Substance use as may be requested by Lessor. If requested by
Lessor, Lessee shall cause to be performed an environmental assessment of the Premises upon termination
of the Lease and shall furnish Lessor a copy of such report,at Lessee's sole cost and expense.
D. Without limitation of the provisions of Section 12 of this Exhibit 5, Lessee shall be
responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any manner to
any Hazardous Substance use of the Premises(or any property in proximity to the Premises)during the term
of this Lease or,if longer,during Lessee's occupancy of the Premises,regardless of Lessor's consent to such
use, or any negligence,misconduct or strict liability of any Indemnified Party(as defined in Section 12), and
including,without limitation, (i)any diminution in the value of the Premises and/or any adjacent property of
any of the Indemnified Parties, and (ii) the cost and expense of clean-up, restoration, containment,
remediation, decontamination, removal,investigation,monitoring,closure or post-closure. Notwithstanding
the foregoing, Lessee shall not be responsible for Hazardous Substances(i) existing on, in or under the
Premises prior to the earlier to occur of the commencement of the term of the Lease or Lessee's taking
occupancy of the Premises,or(II)migrating from adjacent property not controlled by Lessee,or(iii) placed
on,in or under the Premises by any of the Indemnified Parties;except where the Hazardous Substance is
discovered by,or the contamination is exacerbated by,any excavation or investigation undertaken by or at
the behest of Lessee. Lessee shall have the burden of proving by a preponderance of the evidence that any
exceptions of the foregoing to Lessee's responsibility for Hazardous Substances applies.
E. In addition to the other rights and remedies of Lessor under this Lease or as may be provided
by law, if Lessor reasonably determines that the Premises may have been used during the term of this Lease
or any prior lease with Lessee for all or any portion of the Premises, or are being used for any Hazardous
Substance use,with or without Lessor's consent thereto,and that a release or other contamination may have
occurred, Lessor may,at its election and at any time during the life of this Lease or thereafter(i)cause the
Premises and/or any adjacent premises of Lessor to be tested,investigated, or monitored for the presence
of any Hazardous Substance, (ii)cause any Hazardous Substance to be removed from the Premises and any
adjacent lands of Lessor, (ill)cause to be performed any restoration of the Premises and any adjacent lands
of Lessor, and (iv)cause to be performed any remediation of,or response to, the environmental condition of
the Premises and the adjacent lands of Lessor,as Landlord reasonably may deem necessary or desirable,
and the cost and expense thereof shall be reimbursed by Lessee to Lessor within thirty (30) days after
rendition of Lessor's bill. In addition, Lessor may, at its election, require Lessee, at Lessee's sole cost and
Pace 2 0f 5
C 1TEMPVND1EASE.EXD.000
IND LS 11/15/99
APPROVED,LAW
expense,to perform such work,in which event, Lessee shall promptly commence to perform and thereafter
diligently prosecute to completion such work, using one or more contractors and a supervising consulting
engineer approved in advance by Lessor.
F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (i) those
substances included within the definitions of"hazardous substance","pollutant',"contaminant',or"hazardous
waste", in the Comprehensive Environmental Response,Compensation and Liability Act of 1980, 42 U.S.C.
§§ 9601,et seg., as amended or In RCRA, the regulations promulgated pursuant to either such Act, or state
laws and regulations similar to or promulgated pursuant to either such Act, (ii) any material, waste or
substance which is(A)petroleum,(B)asbestos, (C)flammable or explosive, or(D) radioactive; and (iii)such
other substances, materials and wastes which are or become regulated or classified as hazardous or toxic
under federal, state or local law.
Section 8. UTILITIES.
A. Lessee will arrange and pay for all utilities and services supplied to the Premises or to
Lessee.
B. All utilities and services will be separately metered to Lessee. If not separately metered,
Lessee shall pay its proportionate share as reasonably determined by Lessor.
Section 9. LIENS.
Lessee shall not allow any liens to attach to the Premises for any services, labor or materials
furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall have the right
to discharge any such liens at Lessee's expense.
Section 10. ALTERATIONS AND IMPROVEMENTS; CLEARANCES.
A. No alterations,Improvements or Installations may be made on the Premises without the prior
consent of Lessor. Such consent, If given, shall be subject to the needs and requirements of the Lessor in
the operation of its Railroad and to such other conditions as Lessor determines to impose. In all events such
consent shall be conditioned upon strict conformance with all applicable governmental requirements and
Lessor's then-current clearance standards.
B. All alterations, improvements or installations shall be at Lessee's sole cost and expense.
C. Lessee shall comply with Lessor's then-current clearance standards, except(i)where to do
so would cause Lessee to violate an applicable governmental requirement, or(ii) for any improvement or
device in place prior to Lessee taking possession of the Premises If such Improvement or device complied
with Lessor's clearance standards at the time of its Installation.
D. Any actual or implied knowledge of Lessor of a violation of the clearance requirements of this
Lease or of any governmental requirements shall not relieve Lessee of the obligation to comply with such
requirements,nor shall any consent of Lessor be deemed to be a representation of such compliance.
Section 11, AS-IS.
Lessee accepts the Premises in its present condition with all faults,whether patent or latent, and
without warranties or covenants,express or implied. Lessee acknowledges that Lessor shall have no duty
to maintain, repair or improve the Premises.
Section 12. RELEASE AND INDEMNITY.
A. As a material part of the consideration for this Lease, Lessee, to the extent it may lawfully
do so,waives and releases any and all claims against Lessor for,and agrees to indemnify, defend and hold
harmless Lessor, its affiliates, and its and their officers,agents and employees("Indemnified Parties")from
Page 3 of 6
C ITEMP'NOLEASF El DOc
END LS 11/15/99
APPROVED, LAW
and against, any loss, damage (including, without limitation, punitive or consequential damages), injury,
liability, claim, demand,cost or expense(including,without limitation,attorneys' fees and court costs), fine
or penalty (collectively,"Loss") incurred by any person(Including,without limitation, Lessor, Lessee, or any
employee of Lessor or Lessee)and arising from or related to(i)any use of the Premises by Lessee or any
invitee or licensee of Lessee, (ii)any act or omission of Lessee, its officers, agents, employees,licensees or
invitees, or(iii) any breach of this Lease by Lessee.
B. The foregoing release and indemnity shall apply regardless of any negligence, misconduct
or strict liability of any Indemnified Party, except that the indemnity,only, shall not apply to any Loss caused
by the sole,active end direct negligence of any Indemnified Party if the Loss(i)was not occasioned by fire
or other casualty, or(ii)was not occasioned by water, including,without limitation, water damage due to the
position, location, construction or condition of any structures or other improvements or facilities of any
Indemnified Party.
C. Where applicable to the Loss, the liability provisions of any contract between Lessor and
Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss and shall
supersede the provisions of this Section 12,
D. No provision of this Lease with respect to Insurance shall limit the extent of the release and
indemnity provisions of this Section 12.
Section 13. TERMINATION.
A. Lessor may terminate this Lease by giving Lessee notice of termination,If Lessee(i)fails to
pay rent within fifteen(15)days after the due date,or(ii)defaults under any other obligation of Lessee under
this Lease and, after written notice is given by Lessor to Lessee specifying the default, Lessee fails either to
Immediately commence to cure the default, or to complete the cure expeditiously but in all events within thirty
(30)days after the default notice is given.
B. Notwithstanding the term of this Lease set forth in Article II, Lessor or Lessee may terminate
this Lease without cause upon thirty(30)days'notice to the other party; provided, however, that at Lessor's
election, no such termination by Lessee shall be effective unless and until Lessee has vacated and restored
the Premises as required in Section 15A),at which time Lessor shall refund to Lessee, on a pro rata basis,
any unearned rental paid in advance.
Section 14. LESSOR'S REMEDIES.
Lessor's remedies for Lessee's default are to(a)enter and take possession of the Premises, without
terminating this Lease, and relet the Premises an behalf of Lessee,collect and receive the rent from reletting,
and charge Lessee for the cost of rotetting,and/or(b)terminate this Lease as provided in Section 13 A)above
and sue Lessee for damages,and/or(c)exercise such other remedies as Lessor may have at law or in equity.
Lessor may enter and lake possession of the Premises by seif•help, by changing locks, if necessary, and
may lock out Lessee, all without being liable for damages.
Section 15. VACATION OF PREMISES;REMOVAL OF LESSEE'S PROPERTY.
A. Upon termination howsoever of this Lease, Lessee (I) shall have peaceably and quietly
vacated and surrendered possession of the Premises to Lessor,without Lessor giving any notice to quit or
demand for possession, and (ii) shall have removed from the Premises all structures, property and other
materials not belonging to Lessor,and restored the surface of the ground to as good a condition as the same
was in before such structures were erected, including,without limitation, the removal of foundations,the filling
in of excavations and pits, and the removal of debris and rubbish.
B. If Lessee has not completed such removal and restoration within thirty (30) days after
termination of this Lease, Lessor may, at its election, and at any time or times, (i) perform the work and
Lessee shall reimburse Lessor for the cost thereof within thirty (30)days after bill is rendered, (ii) take title
to all or any portion of such structures or property by giving notice of such election to Lessee,and/or(iii)treat
Page 4 of 5
CiTEMPVNDl EASE.EXB.DOC
INC)LS 11/15/9g
APPROVED,LAW
Lessee as a holdover tenant at will until such removal and restoration is completed.
Section 16. FIBER OPTICS.
Lessee shall telephone Lessor during normal business hours(7:00 a.m.to 9:00 p.m., Central Time,
Monday through Fridays, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for
emergency calls) to determine if fiber optic cable is buried on the Premises. if cable is buried on the
Premises, Lessee will telephone the telecommunications company(ies),arrange for a cable locator, and make
arrangements for relocation or other protection of the cable. Notwithstanding compliance by Lessee with this
Section 16, the release and indemnity provisions of Section 12 above shall apply fully to any damage or
destruction of any telecommunications system.
Section 17. NOTICES.
Any notice, consent or approval to be given under this Lease shall be in writing, and personally
served, sent by reputable courier service, or sent by certified mail, postage prepaid,return receipt requested,
to Lessor at: Union Pacific Railroad Company,Attn: Assistant Vice President- Real Estate, Real Estate
Department, 1800 Farnam Street, Omaha, Nebraska 68102; and to Lessee at the above address,or such
other address as a party may designate in notice given to the other party. Mailed notices shall be deemed
served five(5)days after deposit in the U.S. Mail. Notices which are personally served or sent by courier
service shall be deemed served upon receipt.
Section 18. ASSIGNMENT.
A. Lessee shall not sublease the Premises,in whole or in part,or assign,encumber or transfer
(by operation of law or otherwise) this Lease, without the prior consent of Lessor, which consent may be
denied at Lessor's sole and absolute discretion. Any.purported transfer or assignment without Lessor's
consent shall be void and shall be a default by Lessee.
B. Subject to this Section 18, this Lease shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors,administrators, successors and assigns.
Section 19. CONDEMNATION.
if, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of a
condemnation or sale in lieu of condemnation,then this Lease shall automatically terminate. Lessor shall be
entitled to the entire award or proceeds for any total or partial condemnation or sale in lieu thereof, including,
without limitation, any award or proceeds for the value of the leasehold estate created by this Lease.
Notwithstanding the foregoing, Lessee shall have the right to pursue recovery from the condemning authority
of such compensation as may be separately awarded to Lessee for Lessee's relocation expenses, the taking
of Lessee's personal property and fixtures, and the interruption of or damage to Lessee' business.
Section 20, ATTORNEY'S FEES.
If either party retains an attorney to enforce this Lease(including, without limitation, the indemnity
provisions of this Lease), the prevailing party is entitled to recover reasonable attorney's fees.
Section 21. ENTIRE AGREEMENT.
This Lease is the entire agreement between the parties, and supersedes all other oral or written
agreements between the parties pertaining to this transaction. Except for the unilateral redetermination of
annual rent as provided in Article III., this Lease may be amended only by a written instrument signed by
Lessor and Lessee.
Page 5of5
ClTEMwH DLEASE-EXe.DOC
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