The URL can be used to link to this page

Browse Search

Home My WebLink About810770.tiff RESOLUTION RE: APPROVAL OF LEASE AGREEMENT BETWEEN WELD COUNTY AND THE UNION PACIFIC RAILROAD COMPANY CONCERNING CERTAIN PROPERTY LOCATED IN DENT, COLORADO AND AUTHORIZATION FOR THE CHAIRMAN TO SIGN THE SAME. 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, Weld County desires to lease certain property located in Dent, Colorado from the Union Pacific Railroad Company, and WHEREAS, a lease agreement concerning such property has been presented to the Board of County Commissioners for approval, and WHEREAS, the term of said lease shall be for a period of 25 years and the rental fee for the leasing of said premises shall be $300. 00, and WHEREAS, the Board, after studying said lease agreement, deems it advisable to approve the same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the lease agreement between Weld County and the Union Pacific Railroad Company con- cerning certain property located in Dent, Colorado be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners ° that the Chairman of the Board be, and hereby is, authorized to sign said lease agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of February, A.D. , 1981. �Y �L jvP/w+ 1✓ BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, CO ORADO Weld County Clerk and Recorder and erk to the Ch Carlson, Chairman By: .-- eputy County lerk Norman�JCarlson, Pro-Tem I APP D AS TO FORM: (' -L- c-L� GN C. W Kirby UP 2 ounty Attorney T. Martin e K. Ste nmark dj 810770 c5 GvL . O T DATE PRESENTED: FEBRUARY 25, 1981 :Lessee. Lease of. Premises for Highway Purposes in Dent, Colorado C.D. No. 10936-2 // THIS AGREEMENT, made and entered into as of the 27th day of August, 1980 , by and between UNION PACIFIC RAILROAD COMPANY, a corporation of the State of Utah (hereinafter the Lessor) , and COUNTY OF WELD, State of Colorado, (hereinafter the Lessee) , WITNESSETH: IT IS MUTUALLY COVENANTED AND AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: • Section 1. LEASE; TERM. The Lessor hereby leases to the Lessee for a term • of twenty-five (25) years effective as of the date first herein written, unless sooner terminated in accordance with the terms hereof, the premises shown outlined in yellow on the print dated August 12 , 1980 , marked Exhibit A, hereto attached. Section 2. RENTAL; . TAXES; ASSESSMENTS; CONSTRUCTION; LIABILITY. As a consideration for this Lease the Lessee agrees to pay in advance to the Lessor a rental of three hundred dollars ($300 .00) for the term hereof; to assume all taxes and assessments levied upon the leased premises during the continuance of this Lease, not including taxes or assessments levied against the leased premises as a component part of the railroad property of the Lessor in the state as a whole; to construct and maintain the highway on the leased premises in accordance with plans and profiles submitted to and approved. by the Chief Engineer of the Lessor before the work is commenced; to keep the leased premises free from combustible material; to plant no trees or shrubbery thereon without the previous written consent of the Lessor , and to erect no structures thereon except such as may be necessary for highway purposes; to put nothing upon the leased premises which might obstruct or interfere with the view; to provide, in locations and in accordance with plans approved by the Lessor before the work is commenced, such ditches, culverts, bridges and other structures as may be necessary properly to care for the drainage from the leased premises and the adjoining right of way of the Lessor ; and to hold the Lessor harmless from any and all damages to any of such structures on the leased premises arising from fire caused directly or indirectly by sparks or fire emitted from the engines or trains of the Lessor ; and further to hold the Lessor harmless from any damages to the highway upon the leased premises which may 1 ' (l • wttip result from the construction or maintenance of drainage ditches or waterways by the Lessor. The Lessee shall, in the construction, maintenance and improvement of the highway on the leased premises, take every precaution to prevent damage to, or the impairment of the stability of, the poles in any pole line of the Lessor or of its tenants; and the Lessee shall, at its own expense, reset or relocate, at or under the direction of the Lessor any pole or poles that are, or are likely to be, damaged or weakened because of the construction of such highway or the maintenance or improvement of the same, or shall reimburse the- Lessor for the cost of resetting or relocating any such pole or poles if the Lessor elects to do the work itself. Section 3. COST OF CHANGES. • In connection with the construction of the highway on the leased premises the Lessee shall assume the cost of any necessary changes within the limits of the right of way of the Lessor in the construction, grade or drainage of highways or other roadways crossing the Lessor 's right of way. Section 4. REPOSSESSION FOR RAILROAD PURPOSES; SUBJECT TO MINERAL DEED DATED AS OF APRIL 1 , 1971 The Lessor reserves the right to take possession of all or any portion of the leased premises whenever the use thereof may become necessary or expedient, in the judgment of the Lessor, for railroad purposes, including the location of public or private warehouses, elevators, or other structures with the design to facilitate and promote traffic; PROVIDED, however , that in the event the Lessor elects to take possession of all or any portion of the leased premises in accordance with this reservation, it shall first serve upon the Lessee ninety (90) days ' written notice of such election. This Lease is made subject to deed dated as of April 1, 1971 , whereby Lessor conveyed to Union Pacific Land Resources Corporation all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered, including , without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive, and perpetual right to explore for, remove, and dispose of, such minerals by any means or methods suitable to Union Pacific Land Resources Corporation, its successors and assigns, but without entering upon or using the surface of the lands hereby leased, and in such manner as not to damage the surface of such lands or to interfere with the use thereof by the Lessor, its successors and assigns. 2 . `.. tn . n Section 5. RESERVATION OF RIGHT TO CROSS LEASED PREMISES WITH RAILROAD TRACKS. The Lessor reserves the right to cross the leased premises with such railroad tracks as may be required for its convenience or purposes in such manner as not unreasonably to interfere with their use as a public highway. In the event the Lessor shall place tracks upon the leased premises in accordance with this reservation, it shall, upon completion of such tracks, restore the highway across the same to its former state of usefulness. Section 6. USE OF LEASED PREMISES. The Lessee shall not use the leased premises or permit them to be used except for the usual and ordinary purposes of a street or highway, and it is expressly under- stood and agreed that such purposes shall not be deemed to • include the use by the Lessee, or by others, of the leased premises for railroad, street or interurban railway or other rail transportation purposes or for the construction or maintenance of electric power transmission lines, gas, oil or gasoline pipe lines. Section 7 . SUPERIOR RIGHTS. This Lease is subject to all outstanding superior rights (including those in favor of licensees and lessees of the Lessor 's property, and others) and to the right of the Lessor to renew and extend the same; and it i;s understood that nothing in this Lease contained shall be construed as a covenant to put the Lessee into possession or to protect the Lessee in the peaceable .possession of such premises. Section 8. SPECIAL ASSESSMENTS. No special assessments for establishing or improving the highway located upon the leased premises are to be made against the adjacent railroad right of way of the Lessor , and the Lessee agrees to protect the Lessor against • and save it harmless from such special assessments. Section 9. CONSTRUCTION, MAINTENANCE AND RELOCATION OF FENCES AND BARRIERS. The Lessee agrees that, at points where the Lessor at the date hereof maintains a fence on its right of way between its track and the inner margin of the leased premises, the Lessee will, at its own cost and expense, move such fence to the inner margin of the leased premises, and that, at points where the Lessor does not maintain a fence in such location, the Lessee will construct a fence on the inner margin of the leased premises when and where requested in writing by the Lessor. The Lessee further agrees to assume the responsibility of constructing or of making such arrangements as may be necessary with owners or lessees of property abutting upon the right of way along the line of such highway for constructing, maintaining and repairing fences on the outer margin of the Lessor ' s right of way, and • n'. n to relieve the Lessor of all obligation, if any there be, to establish or maintain fences upon the outer margin of its right of way and of all expense incident to the construction, maintenance and repair of such fences. In the relocation of existing fences and in the construction of new fences in accordance with the provisions of this section, the Lessee shall, at its own cost and expense, also relocate or construct such wing fences that may be necessary and also any necessary connections with existing fences of the Lessor. All fences shall be in accordance with the standards of the Lessor and all work of relocating and constructing fences shall be done in a manner satisfactory to the Lessor. • At points where the highway is higher than or on the same level as or less than two (2) feet below the level of tracks of the Lessor and forms a curve convex to such • tracks, the Lessee, at its expense, shall construct and thereafter maintain substantial barriers on the track side of the highway so as to prevent vehicles moving from such highway or being overturned or thrown therefrom across the roadbed or tracks of the Lessor , and such barriers shall be of such nature, material, dimensions and strength as shall be approved by the Chief Engineer of the Lessor . Section 10. PROTECTION OF REVERSIONARY INTEREST. For the purpose of protecting the reversionary interests of the Lessor against the assertion of edverse rights, the Lessee agrees to prevent encroachments upon the leased premises, and to this end will, at its own expense, take all necessary action, including as far as practicable the building of its ditches on and the borrowing of earth from the outer margin of the leased premises. Section 11. TERMINATION ON DEFAULT. If the Lessee should breach or fail to keep any of the covenants or conditions hereof, or fail to perform such covenants or conditions, or to remedy the same for thirty (30) days after written notice of such failure or breach on the part of the Lessee, given by the Lessor to the Lessee, then this Lease shall be null and void. Section 12. TERMINATION ON NONUSER. Nonuser by the Lessee of the leased premises for highway purposes continuing at any time during the term hereof for a period of eighteen (18) months shall, at the option of the Lessor , work a termination of this Lease and of all rights of the Lessee hereunder and nonuser by the Lessee of a portion of the leased premises continuing for a like period shall, at the option of the Lessor , work a termination of all rights and interests of the Lessee with respect to such portion. 4 f N Section 13. RAILROAD PROTECTIVE LIABILITY INSURANCE. The Lessee agrees that any contractor performing work contemplated hereunder shall be required to procure for and on behalf of the Lessor and to keep in effect, during the entire period of the operations of such contractor or any subcontractor, insurance of the kinds and amounts stated in the Railroad Protective Liability Form, marked Exhibit B, attached hereto, such insurance to be acceptable to the Lessor and to be in addition to any other forms of insurance or bonds required under the terms of any contrcts between the Lessee and such contrctor or subcontractors. The originals of all policies of insurance • required under Exhibit B shall be furnished to .the Lessor and shall be acceptable to and approved by the Lessor as to form, substance and execution and as to the insurer issuing such policy or policies. Such insurance shall be kept in . effect until all of the work to be performed by such contractor or subcontractors shall have been completed and formally accepted by the Lessee. Section 14. LESSEE NOT TO ASSIGN OR SUBLET. This Lease is not to be assigned, nor is any portion of the leased premises to be sublet, without the written consent of the Lessor . The Lessee will surrender peaceable possession of the leased premises at the expiration of this Lease. Section 15. SUCCESSORS AND ASSIGNS. All covenants and agreements herein recited are made by the parties hereto for, and shall be binding upon, themselves and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this instrument to• be executed in duplicate as of the date first herein written. Witness : UNION PACIFIC RAILROAD COMPANY, h / Cle a.€4,49 By k------79275/74,A-4.4.4e1,--- General Manager Attest: �{ COUNTY OF WELD, tt[jA /4Q�tREAL) By V County Clerk airman, Boar of County Commissioners p Ca rry Cie k 5 fl • RESOLUTION WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to the COUNTY OF WELD, STATE OF COLORADO, an agreement covering lease of the Railroad Company' s premises at Dent, Colorado, to be used for highway purposes; said agreement being identified in the records of the Railroad Company as its C. D. No. 10936-2; and WHEREAS , the Board of County Commissioners of Weld, State of Colorado , has said proposed agreement be- fore it and has given it careful review and consideration; and WHEREAS , it is considered that the best interests of said County of Weld, State of Colorado, will be subserved by the acceptance of said agreement; THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY *COMMISSIONERS OF WELD, STATE OF COLORADO: That the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be and the same hereby are accepted in behalf of said County; That the Chairman of the Board of County Commissioners of said County hereby is authorized, empowered and directed to execute said agreement on behalf of said County, and that the County Clerk hereby is authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. STATE OF COLORADO ss COUNTY OF WELD I , Mary Ann Feueratein , County Clerk of the County of Weld. State of Colorado , hereby certify that the above and foregoing is a true, full and correct copy of a resolution adopted by the Board of County Commissioners of the County of Weld. State of Colorado , at a meeting held according to law at Greeley, Colorado , on the 25th day of February , 1981 , as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the County of Weld, State of Colorado this . 25th day of February � , 19 81 Res ‘!+6, QdNVtS•ti Cn ty (Seal) fIAC Count/ lerk of the County of Weld, State Stte of Colorado. e" A)Z Deputy County Clerk L 1-\ t- L , T ler . Vr^ T 0 x i 1 iegir-H . 0 .. v ti • a a "� F �' T �. /�. To LaSalle-6 U P N 4 } ' p n rRr 7 6s /' 6s s Z R _ C .r. DI �- / r .. tea/'40 Area:0.50oeres — 40. _...„.....----4--- 3� fii'Tats.. GO — y N I r a n a ^10 m • Oll . w O y' ., Ap�:p. V w A m i m .34 S t 3 o qF 01 t N a ; EXHIBIT "A" 3 UNION PACIFIC RAILROAD COMPANY r n v Dent, Weld County, Colorado x M.P. 43.42 - Dent Branch s P 0 To accompany agreement with aCounty of Weld F covering lease of right of way for iv highway purposes. Scale 1" a 100' Office of Director - Real Estate Omaha, Nebraska August 12, 1980 * LEGEND * Lease area shown YELLOW f\PRRCc. R/W outlined RED • r 1 . � June 30, 1967 EXHIBIT B • For attachment to C.D. No. 10936-2 • STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES RAILROAD PROTECTIVE LIABILITY FORM • Including Instructions for - Preparation of Policies by Companies rr- ' n 4- June 30, 1967. Page 1 STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES Railroad Protective Liability Form GEIIRAL INSTRUCTIONS • 1. Standard Language This form is expressed in standard language Which may not be amended and no part of Which may be omitted. except (a) as indicate& by these instructions, or (b) as indicated in reference notes shown below referring to specific por- tions of the form, or (c) by an endorsement which states an amendment or exclusion of some provision of the form in accordance with the provisions of a manual rule, the form of which endorsement has been approved, if required, by the supervising authority of the state in which the policy is issued. 2. Optional Sequence and Arrangement The several parts of the form, viz. "Insuring Agreements," "Exclusions," "Conditions" and "Declarations" may appear in the policy in such sequence as the company may elect and the sequence and arrangement of the several pro- visions of those parts are also optional with the company. 3. Descriptive Readings--Identifying or Indexing Designations The descriptive headings of the parts of the form (as quoted above) and of the major insuring agreements ("Bodily Injury Liability," "Property Dam- age Liability," etc.) are standard expressions which may not be amended or omitted, but all other identifying or indexing designations (such as "Coverage A," "Defense, Settlement, Supplementary Payments," "Cancelation," etc.), including literal or numerical designations or paragraphs or phrases, maybe amended or omitted at the company's option. When such identifying or indexing designations, used for the purpose of reference in the text of the form or any endorsement form applicable thereto, are amended or omitted, descriptive designations shall be substituted therefor. 4. Additional Coverages or Companies, Explanatory or Connective Language When policies are issued to provide insurance in this form together with insurance covering other risks, the addition of necessary explanatory or connective language Which does not amend the expression of this form is per- missible and the introductory language of the "Insuring Agreements" which provides for the issuance of a policy by two companies may be used and, if necessary, paraphras83 to permit such policies to be issued by more than two companies. 5. Declarations--Including Other Risks . A common set of declarations maybe used in those cases where policies in this form are issued with policies covering other risks. . . , fatc Page 2. • ` June 30, 1967. *6. Installment Premium Payment Policies written to provide for payment of premium in installments may provide for lapse or suspension of the policy upon default of payment when due. *Not applicable in Texas 7. Addition of Coverage by Endorsement When insuring agreements and other provisions relating to any particular class of insurance are added to this policy by endorsement, such additional insurance must be expressed in approved standard language relating to the particular class and must be subject to all standard provisions applicable to that class by the expressions of the endorsement or of the policy or of both taken together.. . 8. Definition of "Standard" and "Approved" ".Standard language" or "approved standard language' when used in these . instructions means the form and endorsements either prescribed or approved by the insurance supervising authority of the state in which policy forms . and endorsements are approved or prescribed. In those states where super- ' vising authorities do not have the authority to approve or prescribe poli- cies, forms and endorsements, the terms mean the forms and endorsements adopted by the companies for use in such states. • 9. Premium Statement The statement with respect to payment of premium may be amended by am endorsement to make necessary provision with respect to payment of premium, payment of additional premium and return of premium Mad dividends* under the policy. 10. Special Conditions for Mutuals, Reciprocals, and Participating Stock Companies When the policy is issued by a mutual company, a reciprocal associ- ation or a participating stock company having special provisions appli- cable to its membership or policyholders, such provisions, when approved by the supervising authority of the state in which the policy is issued if such approval is required, may be inserted in the policy. *See General Instruction 10 • �..� : • f June 30, 1967: Page 3. REFERENCE NOTES • 1—Matter in brackets may be included, omitted or amended at the option of the company. 2—The effective hour and date of the policy may be typed or printed in this space. 3—A statement may be added that a definite notation may be made in the premium column to show that a particular coverage is not afforded. 4—Nair, of company may be shown. • 5—The capacity of the person countersigning may be stated. 6—Additional declarations of this type, calling for general information or information regarding installment payment of'premium, may be used at the option of the company. 7—The name and location of the company are to be stated. The type of • the company and the word used throughout the policy suitably to desig- nate the company are to be stated. 8—The language of this 'paragraph is optional with the company. . : . a . y • %% �w : f June 30, 1967. Page 4. . June 9, 1978 (Rev.) . V | . ( l I | k § 4i & 6 - ■ ; i k §§ § 2 z . 22 ! VVO I10 _ } 2 � s ill* J \ \ k ! �$f ] . !f 0 ! � ( , o o / 5 § ' $% - § so O 44 IS / k } 4.4 t A 4a o a 0 0 � t f eg a / ° § . § %{ .a ! )7 Co •2 0 _ 8 � . § � 44 EA : 0 il 01 * 1 Sc ) / } 43 j\ fk . S. ) a k 0 o a ° /\\\ 44 � ! � m \ ° �� _ tee . 2 k j . \ � 8 fl % §� B | - - - O . 2 p ! Sc | a I 5C24k Sc _ § VI f § ! § / ! V / / - -tea ; \�2 � f f fa k § 3 M M y . \ n June 1967. Page 5. % - | k 10 / 47 _ * \ / a \ . in« � � ) a . - S ka O S ® 4 . a 0 k - _ 2 A !pi 4 / f 1. I ) / J 0 a © 1 | I I 44 § / | . 1 O § a• 0 r4 _ Fl - § - 4., _ ; § - w a; 2 ej 2 _) 2 k 0 . . ] - . co e ia of �o 4 1 t 1 . ) ! C 394 I : : go / g ) - ] 2 2� A \ 14 - O Da _ 0 2 ' § \ � k 2 4O k I a . � U 4 4 • July 13, 1967. Page 6. . 1 • (For policy issued by one company) BLANK INDEMNITY COMPANY 7 (A insurance company, herein called the company) Agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the state- ments in the declarations made by the name insured and subject to all of the terms of this policy: (For policy issued by two companies) BLANK INDEMNITY COMPANY and BLANK INSURANCE COMPANY 7 (Each a insurance company, herein called the company) Severally agree with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the declarations made by the named insured and subject to all of the terms of this policy, provided the Blank Indemnity Company shall be the insurer with respect to coverage and no other and the Blank Insurance Company shall be the insurer with respect to coverage and no other: INSURING AGREEMENTS * 1. Coverage A - Bodily Injury Liability To pay on behalf of the insured all sums which the insured shall be- come legally obligated to pay as damages because of bodily injury, sickness, or disease, including death at any time resulting therefrom, hereinafter called "bodily injury," either (1) sustained by any person arising out of acts or omissions at the designated job site which are related to or are in connection with the work described in Item 6 of the Declarations, or (2) 'sustained at the designated job site by the contractor or any employee of the contractor, or by any employee of the governmental authority specified in Item 5 of the Declarations, or by any designated employee of the insured, whether or not arising out of such acts or omissions. Coverage B - Property Damage Liability - - To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of physical injury to or destruction of property, including loss of use of any property due to such injury or destruction, hereinafter called "property damage" arising out of acts or omissions at the designated job site which are related to or are in connection with the work described in Item 6 of the declarations. . , June 30, 1967. Page 7. Coverage C - Physical Damage to Property To pay for direct and accidental loss of or damage to rolling stock and their contents, mechanical construction equipment, or motive power equipment, hereinafter called loss, arising out of acts or omissions at the designated job site which are related to or are in connection with the work described in Item 6 of the declarations; provided such property is owned by the named insured or is leased or entrusted to the named insured under a lease or trust agreement. II. Definitions (a) Insured - The unqualified word "insured" includes the named insured and also includes any executive officer, director or stockholder thereof while acting within the scope of his duties as such. (b) Contractor - The word "contractor" means the contractor designated in Ite 1 of the declarations and includes all subcontractors of said contractor but shall not include the named insured. • (c) Desirmated employee of the insured - The words "designated employee of the insured" moan: (1) any supervisory employee of the insured at the job site, 2) any employee of the insured while operating, attached to or engaged on work trains or other railroad equipment at the job site which are assigned exclusively to the contractor, or (3) any employee of the insured not within (1) or (2) who is specifically loaned or assigned to the work of the contractor for prevention of accidents or protection of property, the cost of whose services is borne specifically by the contractor or by governmental authority. (d) Contract - The word "contract" means any contract or agreement to carry a person or property for a consideration or any lease, trust or interchange contract or agreement respecting motive power, roll- ing stock or mechanical construction equipment. III. Defense, Settlement, Supplementary Payments With respect to such insurance as is afforded by this policy under coverages A and B, the company shall: (a) defend any suit against the insured alleging such bodily injury or property damage and seeking damages which are payable under the terms of this'policy, even if any of the allegations of the suit are groundless, false or fraudulent, but the company may make such investigation and settlement of any claim or suit as it deems expedient; (b) pay, in addition to the applicable limits of liability: (1) all expenses incurred by the company, all costs taxed against the insured in any such suit and all interest on the entire • June 30, 1967. Page 8. amount of any judgment therein which accrues after entry of the judgrient and before the company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the company's liability thereon; (2) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, but without obligation to apply for or furnish any such bonds; • (3) expenses incurred by the insured for such immediate medical and surgical relief to others as shall be imperative at the time of the occurrence; • (4) all reasonable expenses, other than loss of earnings, incurred by the insured at the company*s request. IV. Policy Period. Territory This policy applies only to occurrences and losses during the policy period and within the United States of America, its territories • or possessions, or Canada. EXCLUSIONS This policy does not apply: (a) to liability assumed by the insured under any contract or agreement except a contract as defined herein; (b) to bodily injury or property damage caused intentionally by or at the direction of the insured; (c) to bodily injury, property damage or loss which occurs after • notification to the named insured of the acceptance of the work by the governmental authority, other than bodily injury, property damage or loss resulting from the existence or removal of tools, uninstalled equipment and abandoned or unused materials; (d) under .:overages A (1), B and C, to bodily injury, property damage or loss, the sole proximate cause of which is an act or omission of any insured other than acts or omissions of any designated employee of any insured; (e) under Coverage A, to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; provided that the Federal Employers' Liability Act, U. S. Code (1946) Title 45, Sections 51-60, as amended, shall for the purposes of this insurance be deemed not to be any similar law; (f) under coverage B, to injury to or destruction of property (i) owned by the named insured or (ii) leased or entrusted to the named insured under a lease or trust agreement. • . . f'1 . fl September 29, 1967. Page 9. . (g) 1. Under any Liability Coverage, to injury, sickness, disease, death or destruction (a) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. Under any Medical Payments Coverage, or under any Supplementary- Payments provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. 3. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, trans- ' ported or disposed of by or on behalf of an insured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance,-operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (c) applies only to injury to or destruction of property at such nuclear facility. • September 29, 1967. Page 10. 41/4 4. As used in this exclusion: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. (h) under Coverage C, to loss due to nuclear reaction, nuclear radiation or radioactive contamination, or to any act or condition incident to any of the foregoing. x June 30, 1967. Page 11. CONDITIONS [The conditions, except conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, apply to all coverages. Conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 apply only to the coverage noted thereunder.7.1. 1. Premium The premium bases and rates for the hazards described in the declarations are stated therein. Premium bases and rates for hazards not so described are those applicable in accordance with the manuals in • use by the company. The term "contract cost" means the total cost of all work described in Item 6 of the declarations. The term "rental cost" means the tota], cost to the contractor for rental of work trains or other railroad equipment, including the remuneration of all employees of the insured .while operating, attached to or engaged thereon. The advance premium stated in the declarations is an estimated premium only. Upon termination of this policy the earned premium shall be computed in accordance with the company►s rules, rates, rating plans, premiums and minimum premiums applicable to this insurance. If the earned premium thus computed exceeds the estimated advance premium paid, the company shall look to the contractor specified in the declarations for any such excess; if less, . the company shall return to the said contractor the unearned portion paid. In no event shall payment of premium be an obligation of the named insured. 2. Inspection The named insured shall make available to the company records of information relating to the subject matter of this insurance. The company shall be permitted to inspect all operations in connection with the work described in Item 6 of the declarations. 3. Limits of Liability The limit of bodily injury'liability stated in the Coverage A declarations as applicable to "each person" is the licit of the company's liability for all damages, including damages for care and loss of services, arising out of bodily injury sustained by one person as the result of any one occurrence; the limit of such liability stated in the declarations as applicable to "each occurrence" is, subject to the above provision respecting each person, the total limit of the company's liability for all such damage arising out of bodily injury sustained by two or more persons as the result of any one occurrence. 4. Limits of Liability The limit of liability under coverages B and C stated Coverages B and C in the declarations as applicable to "each occurrence" is the total limit of the company's liability for all damages and all loss under coverages B and C combined arising out of physical injury to, destruction or loss of all property of one or more persons or organizations, including the loss of use of any property due to such injury or destruction under coverage B, as the result of any one occurrence. Subject to the above provision respecting "each occurrence," the limit of liability under coverages B and C stated in the declaration as "aggregate" is the total limit of the company's liability for all damages and all loss under coverages B and C combined arising out of physical injury to, rci June 30, 1967. Page 12. destruction of loss of property, including the loss of use of any property due to such injury or destruction under Coverage B. Under Coverage C, the limit of the company's liability for loss shall not exceed the actual cash value of the property, or if the loss is of a part thereof the actual cash value of such part, at time of loss, nor what it would then cost to repair or replace the property or such part thereof • with other of like kind and quality. 5. Severability of Interests The term "the insured" is used severally and Coverages A and B not collectively, but the inclusion herein of more than one insured shall not operate to increase the limits of the company's liability. 6. Notice In the event of an occurrence or loss, written notice contain— ing particulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available wit— nesses, shall be given by or for the insured to the company or any of its authorized agents as soon as practicable. If claim is made or suit is brourht against the insured, he shall immediately forward to the company every demand, notice, summons or other process received by him or his representative. . • 7. Assistance and Cooperation of the Insured The insured shall cooperate Coverages A and B with the company and, upon the company's request, attend hearings and trials and assist in making settlements, securing and giving evidence obtaining the attendance of wit— nesses and in the conduct of suits. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for such immediate medical and surgical relief to others as shall be imperative at the time of accident. 8. Action Against Company No action shall lie against the company unless, Coverages A and B as a condition precedent thereto, the insured shall have fully complied with all the terms of this policy, nor until the amount of the insuredts obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the company as a party to any action against the insured to determine the insured's liability. Bankruptcy or insolvency of the insured or of the insuredts estate shall not relieve the company of any of its obligations hereunder. Coverage C No action shall lie against the company unless, as a con— dition precedent thereto, there shall have been full compliance with all the terms on this policy nor until thirty days after proof of loss is filed and the amount of loss is determined as provided in this policy. 9. Insured's Duties in Event of toss In the event of loss the insured Coverage C • AMiC 1 June 30, 1967. Page 13. (a) protect the property, ‘'nether or not the Loss is covered by this policy, and any further loss due to the insured's failure to pro— tect shall not be recoverable under this policy; reasonable expenses incurred in affording such protection shall be deemed incurred at the company's request; • (b) file with the company, as soon as practicable after loss, his sworn proof of loss in such form and including such information as the company may reasonably require and shall, upon the com— panyts request, exhibit the damaged property. 10. Appraisal If the insured and the company fail to agree as to the Coverage C amount of loss, either may, within 60 days after the proof of loss is filed, demand an appraisal of the loss. In such event the insured and the company shall each select 'a competent appraiser, and the appraisers shall select a'competent and disinterested umpire. The apprais— ers shall state separately the actual cash value and the amount of loss and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. The insured and the company shall each pay his chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. The company shall not be held to have waived any of its rights by any act relating to appraisal. 11. Payment of Loss The company may pay for the loss in money but there Coverage C shall be no abandonment of the damaged property to the company. 12. No Benefit to Bailee The insurance afforded by this policy shall not Coverage C enure directly or indirectly to the benefit of any carrier or bailee, other than the named insured, liable for loss to the property. 13. Subrogation In the event of any payment under this policy, the com— • pany shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. 14. Application of Insurance The insurance afforded by this policy is primary insurance. 15. Three Tear Policy A policy period of three years is comprised of • three consecutive annual periods. Computation and adjustment of earned premium shall be made at the end of each annual period. Aggregate limits of liability as stated in this policy shall apply separately to each annual period. 16. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy[ signed by (here insert titles of authorized company officials or representatives); provided, however changes may be made in the written portion of the declaration by (here insert titles • June 30, 1967. • Page 14. . of authorized company representatives) when initialed by such (here insert titles of authorized company representatives) or by endorsement issued to form a part of this policy signed by such (here insert titles of authorized company representatives)] g, 17. Assignment Assignment of interest under this policy shall not bind the company until its consent ii endorsed hereon. 18. Cancelation This policy may be canceled by the named insured by mailing to the company written notice stating when thereafter the cancels— tion shall be effective. This policy may be canceled by the company by mailing to the named insured, contractor and gbvernmental authority at the respective addresses shown in this policy written notice stating when not less than thirty days thereafter such cancelation shall be effective. The railing of notice as aforesaid shall be sufficient proof of notice. The effective date and hour of cancelation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by,the company shall be equivalent to mailing. If the named insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the com- pany cancels, earned premium shall be computed pro rata. Premium adjust- ment may be made either at the time cancelation is effected or as soon as practicable after cancelation becomes effective, but payment or tender of . unearned premium is not a condition of cancelation. • 19. Declarations By acceptance of this policy the named insured agrees that such statement in the declarations as are made by him are his agreements and representations, that this policy is issued in reliance upon the truth of • such representations and that this policy embodies all agreements existing between himself and the company or any of its agents relating to this insurance. (For policy issued by one company) In witness whereof, the Blank Indemnity Company has caused this policy to be signed by its president and a secretary at and countersigned 8 on the declarations page by a duly authorized agent of the company. (FACSIMILE OF SIGNATURE) (FACSIMILE OF SIGNATURE) Secretary President (For policy issued by two companies) In witness whereof, the Blank Indemnity Company has caused this policy with respect to coverages and such other parts of the policy as are applicable thereto, to be signed by its president and a secretary at 8 , and countersigned on the declarations page by a duly authorized agent of the company. (FACSIMILE OF SIGNATURE) (FACSIMILE OF SIGNATURE) Secretary President In witness whereof, the-Blank Insurance Company has caused this policy, with respect to coverages and such other parts of the policy as are applicable thereto, to be signed by its president and a secretary at e , and countersigned on the declarations page by a duly authorized agent of the company. (FACSIMILE OF SIGNATURE) (FACSIMILE OF SIGNATURE) Secretary President r-im r •. T ''S UNION PACIFIC RAILROAD COMPANY UNION 1416 DODGE STREET PACIFIC OMAHA,NE 68179 VALERIE W.SCOTT I I(I I I Associate General Counsel March 5, 1981 C 10936-2 Mr. R. Russell Anson Assistant County Attorney P.O. Box 1948 Greeley, Colorado 80631 Dear Mr; Anson: • Re: Agreement covering lease of right of way for highway purposes, Dent,Colorado. Enclosed is your fully executed counterpart of they above instrument. Please retain this instrument for your file. Yours very truly, Valerie W. Slott MiKri MAR 1 119t31 J ` WELD COUNTY BTTORNE --E vingon les Site titre MPR111981 ofa en� � T +4 . OFFICE OF COUNTY ATTORNEY PHONE(303)3564000 rat^Y P.O.BOX 1948 GREELEY,COLORADO 80631 111 C• COLORADO December 22, 1980 Valerie W. Scott Associate General Counsel Union Pacific Railroad Company 1416 Dodge Street Omaha, Nebraska 68179 Dear Ms. Scott: This office represents the Weld County Board of County Commissioners. In reference to a letter dated October 28, 1980 signed by C. W. Kirby, Chairman, Board of County Commissioners, to you, we have had another change of heart. We would like to lease the property referenced in that letter. Could you please be so kind as to return the lease documents on such property? The Board wishes to renew C. C. 10936-2 for a 25-year term for as previously unknown to us, we are landlocking a property by not continuing such lease. Thank you very much for your attention to this matter. Very my yours, l R. ussell Anson Assistant County Attorney RRA:ss NIP 6 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE: (303) 356-4000 EXT. 200 P.O. BOX 768 GREELEY, COLORADO 80631 • COLORADO Valerie W. Scott Associate General Counsel Union Pacific Railroad Co. 1416 Dodge Street Omaha, Nebraska 68179 October 28, 1980 Dear Ms. Scott, On July 14 , 1980 the Board of County Commissioners expressed their intent to renew C. D. 10936-2 for a 25 year term. However, since that date and the date we received said lease, October 15, 1980, circumstatnces have changed and Weld County no longer needs this lease for road right-of-way. Enclosed please find the unexecuted copies of said lease. Sincerely,, e/r% 2y C. W. Kirby Chairman, Board of County Commissioners f l n UNION PACIFIC RAILROAD COMPANY NION 1416 DODGE STREET PACtflC OMAHA,NEB. 68179 VALERIE W.SCOTT III Associate General Counsel October 8, 1980 C 10936-2 se(7,<H\ 41,- o �, t 0.4Q5 \` y a GO County of Weld 915 10th Street Greeley, CO 80631 Gentlemen: Subject: Lease of Premises for Highway Purposes in Dent, Colorado I Pursuant to your recent request, I have had pre- pared and attach hereto for execution the counterpart originals of the above proposed instrument. When executed, the counterpart originals should be returned to me in the enclosed self-addressed envelope to arrange for execution on behalf of the Railroad Company, after which your fully executed counterparts will be returned to you. Any questions concerning this instrument should be directed to R. E. Andreasen, who may be reached by phone on (402) 271-4377, and any question with regard to rental in connection therewith should be directed to the office of Director-Real Estate, phone No. (402) 271-3753. In the event it becomes necessary to replace lost or misplaced documents, a fee of $10. 00 will be charged for each such document replaced. Yours very truly, CP Valerie '�N. Scott }f i O 8j'1 :. =' OFFICE OF BOARD OF COUNTY COMMISSIONERS 3.11 7O‘ �.. t K PHONE: 13031356-0000 EXT.-200- P.O. BOX 758 '^ dr J GREELEY, COLORADO 80631 • COLORADO A. O. MEYER DISTRICT REAL ESTATE DIRECTOR UNION PACIFIC RAILROAD CO 1416 DODGE STREET OMAHA, NEBRASKA 68175 Dear A. O. Meyer, July 15, 1980 The Board of County Commissioners in their July 14, 1980 board meeting expressed their approval of Union Pacific Railroad Company's proposal regarding agreement C.D. No. 10936-1 for highway purposes in Dent, Colorado. The Board is desirous of securing a 25 year lease for 5300. 00. Please forward the appropriate lease forms to this office for processing. Sincerely yours,, . e ,.r itha White Deputy County Clerk • Lac \3\ h • MEMORAnDUM fete WIIIeTo WP1A cnmmty rcrmisginnerq Dare July 8., 1980 COLORADO From Wayne Smyth, Director of Engineering Subject: TT P R R T@anP fnr Wp1d County Road 25 It appears that we should continue this leas,. in order to have ingress and egress to the County owned Bernhardt Gravel Pit and also for any future development in this area. I would recatnend flew lease for said right-of-way for the lump sum of $300.00 over a 25-year period.: S. Smyth Director of Engineering WSS:sad CE: Weld County Attorney � C a01°51' Hello