HomeMy WebLinkAbout20070797.tiff UNION
PACIFIC
/•• IIIII'
May 5, 2006
Folder 1723-54
WELD COUNTY PLANNING
1555 NORTH 17TH AVENUE
GREELEY CO 80631
RE: Lease of Railroad Property by Darrell Felton in Platteville, Weld County, Colorado
To Whom It May Concern:
This letter is to confirm that an existing 20-year lease scheduled to expire on July 15, 2023 is in
place between the Union Pacific Railroad Company("Railroad")and Darrell Felton and Christina
Gail Felton ("Feltons") in Platteville, Colorado. The acceptable use described in the lease is for
retail sales, namely trailer and pickup truck sales along with the use of Lessee-owned trailer for
office space and Lessee-owned septic tank and water well, and purposes incidental thereto. This
use includes access to the property from Highway 85 via two (2) existing driveways. Understand
that a portion of Highway 85 adjacent to the lease site is on Railroad property and currently under
lease with CDOT. The fenced in area shown on the May 1, 2006 Use By Special Review Plat
prepared by Alliance Consulting is an accurate depiction of the lease site. I have enclosed a
certified copy of the current lease with the Feltons for the County's records.
To assist in allowing the Feltons to move forward with their application process, find enclosed a
Use By Special Review application signed by the Railroad along with other necessary
documentation prepared by Alliance Consulting to progress this effort. You will also find
enclosed the Certificate of Authority authorizing Mr. Love's signature of the Application.
As mentioned in my earlier March 4, 2006 letter to the County(copy enclosed), the Union Pacific
Railroad Company is not the owner of the mineral rights on this property. Title to the property
was received by the Railroad by virtue of an 1862 Congressional Grant; however, the minerals
were excepted from this Grant.
This letter also advises the County to copy Alliance Consulting on all correspondence relating to
this USR application process. All correspondence should be directed to my attention at the
address below and to Alliance Consulting, Attn: Mickey Farnsworth, 625 Main Street, Longmont,
Colorado 80501. The Railroad will sign the Mylar of the Use By Special Review Map upon
satisfactory review of the final form.
Real Estate
UNION PACIFIC RAILROAD
14(10 Douglas Street, Slop 10911
Omaha, Nebraska 68179-1690 2007-0797
I. (402) 501-o3.v.1
The Railroad is in disagreement with Weld County on the zoning of the Railroad's 400' wide
operating corridor as"Agricultural Zone District", when the use of the rail corridor is industrial in
nature. Therefore, the County is asked to change its Petition to state the Felton's use violates the
Industrial Zone District and not the Agricultural Zone District. The County will also provide me
with the proper documentation in which Union Pacific Railroad Company's right-of-way was re-
zoned as Agricultural by the County. Notice was not received by the Railroad regarding this
change in zoning by the County. The Railroad has successfully fought similar reclassifications of
its right-of-way with the City of Brighton and will take up action with the County if necessary to
obtain the proper zoning of its right-of-way.
It should be understood by the County and the Feltons that the Railroad's submittal of this
Use By Special Review Application in no way changes the Railroad's rights to terminate the
twenty(20) year lease based on its existing terms.
Should you have any further questions regarding this Application and subsequent USR approval,
please give me a call at(402) 544-8552 to discuss.
Srely,
Gregg A.
Senior Manager Real Estate
Enclosures
INDLTLEASE 08/02
Form Approved,Law Folder: 01723-54
Audit No: 207318
DUPLICATE ORIGINAL- RAILROAC CC°Y
LEASE OF PROPERTY f
ek
THIS LEASE ("Lease") is entered into on the day of J VL'L. , 2003, between
UNION PACIFIC RAILROAD COMPANY ("Lessor") and DARRELL FELTON AND
CHRISTINA GAIL FELTON, husband and wife, whose address is P.O. Box 203, Longmont, Colorado
80502 ("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 Platteville,
Colorado, shown on the print dated July 9, 2003, 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 retail sales, namely trailer and pickup truck sales along with the use of
Lessee owned trailer for office space and Lessee owned septic tank and water well and purposes
incidental thereto, only, and for no other purpose.
Article II. TERM.
The term of this Lease is for twenty (20) years beginning on July 15, 2003, and expiring on July
15,2023, unless sooner terminated as provided in this Lease.
Article III. RENT.
A. Lessee shall pay to Lessor advance fixed rent of Forty-One Thousand And 00/100
Dollars ($41,000.00) for the term. Payment of the advance fixed rent shall be made before the
commencement date of the term.
B. If Lessor terminates this Lease for any reason other than Lessee's default, or if this Lease
is terminated under Section 19 of Exhibit B,then Lessor shall refund to Lessee the portion of the advance
fixed rent attributable to the period between effective date and of the termination and the expiration date
specified in Article II. The refund shall be calculated on a pro rata basis using a 360-day year. No refund
of advance fixed rent shall be made except as specifically provided in this Art' II.B. The fixed rent
for the entire term shall be deemed earned by Lessor upon execution of this ase by bo arties.
Article IV.
Lessee shall pay to Lessor an admim mg charge in the amount of a Hundred
Dollars and 00/100 ($500.00 • ursement for clerics , ddn ' .strative and handling expense in
connection with ocessing of this Agreement.
CODED
1 Bt': R.L.W.
Date
3UL 17 2003
INDLTLEASE 08/02
Form Approved,Law Folder: 01723-54
Audit No:207318
Article V. SPECIAL PROVISION-ROADWAY(NON-EXCLUSIVE)
Subject to the terms and conditions of this Lease, Lessee may construct, use and maintain the
roadway shown on the attached exhibit print, provided that:
A. The roadway is to be strictly private and not intended for, and may not be used for, public
purposes.
B. The use of the roadway is not exclusive. The roadway is to be used jointly with Lessor and
others to whom Lessor has given or may give similar rights.
C. Lessee, at Lessee's sole cost and expense, shall maintain the roadway in a condition
satisfactory to Lessor.
D. Lessee's right to construct, maintain and use the roadway is a license and not a lease, and the
roadway is not a part of the Premises, except that all of Lessee's obligations and Lessor's rights under this
Lease regarding the Premises shall also apply to the roadway.
Article VI. 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, in the location shown on the
attached Exhibit A.
Article VII. SPECIAL PROVISION--INSURANCE
A. At all times during the term of this Lease, Lessee shall, at Lessee's sole cost and expense,
procure and maintain the following insurance coverage:
General Public Liability providing bodily injury, including death, personal injury and property
damage coverage with combined single limit of at least One Million Dollars ($1,000,000.00) per
occurrence and a general aggregate limit of at least One Million Dollars ($1,000,000.00). This insurance
shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this
Agreement, severability of interests, and name Lessor as an additional insured. If coverage is purchased
on a `claims-made' basis, it shall provide for at least a three (3) year extended reporting or discovery
period, which shall be invoked if insurance covering the time period of this Agreement is canceled.
B. Lessee shall furnish Lessor with certificate(s) of insurance, identifying Folder No. 01723-
54, evidencing the required coverage and, upon request, a certified duplicate original of the policy. The
insurance company issuing the policy shall notify Lessor, in writing, of any material alteration including
any change in the retroactive date in any `claims-made' policies or substantial reduction of aggregate
limits, or cancellation at least thirty (30) days prior thereto. The insurance policy shall be written by a
reputable insurance company or companies acceptable to Lessor or with a current Best's Insurance Guide
Rating of B and Class VII or better, and which is authorized to transact business in the state where the
Premises are located.
C. Lessee hereby waives its right of subrogation under the above insurance policy against
Lessor for payment made to or on behalf of employees of Lessee or its agents or for loss of its owned or
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INDLTLEASE 08/02
Form Approved,Law Folder: 01723-54
Audit No: 207318
leased property or property under its care, custody and control while on or near the Premises or any other
property of Lessor. Lessee's insurance shall be primary with respect to any insurance carried by Lessor.
Article VIII. SPECIAL PROVISION-- CANCELLATION
Effective upon commencement of the term of this Lease, the Lease dated September 28, 1998,
identified as Audit No. 207318 (the `Prior Lease'), together with any and 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 a part of this Lease.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first
herein written.
LESSOR: LESSEE:
UNION PACIFIC RAILROAD COMPANY DARREL FELTON C INA G
FELTO
By: By.
irector- eal Estate Title:
MARGINAL NOTES: Supersedes and cancels Audit No.207318 with Dale S. Taylor and Barbara Rose Taylor
3
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NOTE: BEFORE YOU BEGIN ANY WORK,SEE
AGREEMENT FOR FIBER OPTIC PROVISION.
EXHIBIT"A"
UNION PACIFIC RAILROAD COMPANY
PLATTEVILLE,CO
M.P. 036.390-Greeley Subdivision
Lease to DARRELL FELTON AND CHRISTINA GAIL
FELTON
SCALE: 1"=200'
REAL ESTATE DEPARTMENT
OMAHA,NE Date: July 9,2003
Folder: 01723-54
* LEGEND *
Lease Area Shown Dot Scre'
Non—Exclusive Roadway shown le,.—.°;°er:
Fencing shown -X-X-X-X
(R]OR/W Outlined
EXHIBIT B
Section 1. 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 fixed advance rent and all other amounts to be paid by Lessee
under this Lease) shall be paid in lawful money of the United States of America, at such place as shall be
designated by the Lessor,and without offset or deduction.
Section 4. TAXES AND ASSESSMENTS.
Lessee shall pay, prior to delinquency, all Property Taxes on the Premises and on all
personal property and improvements on the Premises. Lessee shall reimburse Lessor within thirty (30)
days of rendition of Lessor's bill for any Property Taxes paid by Lessor, whether paid separately, as a part
of the levy on other real property of Lessor, or as a part of the central or unit assessment of Lessor's
property. For purposes of this Lease, "Property Taxes" means all governmental charges and levies
(including, without limitation, real estate and personal property taxes, special assessments and other
charges for public improvements or services, and impact fees, but not including income taxes) as may
during the term of this Lease be levied upon, assessed against or imposed upon, or become due and
payable with respect to,the Premises or the rents payable under this Lease.
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 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
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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.
D. Lessee shall comply with all governmental laws,ordinances, rules, regulations and orders
relating to Lessee's use of the Premises and this Lease, including,without limitation, any requirements for
subdividing or platting 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, if lawful, small quantities of common chemicals such
as adhesives,lubricants and cleaning fluids in order to conduct business at the Premises. 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, (ii)
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 (too') 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 maybe 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 B, 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 of the foregoing exceptions 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, (iii) 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 Lessor
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 expense, to perform such work, in which event, Lessee
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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 seq., 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 any existing or future 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 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,
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Lessee, or any employee of Lessor or Lessee) (i) for personal injury or property damage caused to any
person while on or about the Premises,or(ii)arising from or related to any use of the Premises by Lessee
or any invitee or licensee of Lessee, any act or omission of Lessee, its officers, agents, employees,licensees
or invitees,or 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
determined by final order of a court of competent jurisdiction to have been caused by the sole active direct
negligence 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 for Lessee's default by giving Lessee notice of
termination, if Lessee (i)defaults under any 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,or(ii) Lessee abandons the Premises for a period of one hundred twenty(120) consecutive
days.
B. Lesee acknowledges that Lessor's possible future needs for the Premises in connection
with Lessor's transportation operations are paramount. Accordingly, if at any time Lessor, in its sole and
absolute discretion, determines that the Premises or any portion thereof are necessary or desirable for use
in connection with Lessor's transportation operations, or that Lessee's use of the Premises should be
terminated due to safety considerations associated with Lessor's transportation operations, Lessor may
terminate this Lease upon thirty(30)days notice to Lessee or,in emergency situations, upon such shorter
notice as is reasonable in the circumstances.
C. After payment of the advance fixed rent to Lessor, Lessee may terminate this Lease
without cause upon thirty(30)days notice to Lessor.
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 on behalf of Lessee, collect and receive the rent
from reletting, and charge Lessee for the cost of reletting, 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 take possession of the Premises by self-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
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title to all or any portion of such structures or property by giving notice of such election to Lessee, and/or
(iii)treat Lessee as a holdover Lessee 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:oo 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. Lessor may
change the telephone number and hours of operation by giving Lessee notice of the change. 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 Famam 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 may sublease the Premises or assign this Lease, by operation of law or otherwise,
only if Lessee provides Lessor with advance notice of the assignment or sublease and the sublessee's or
assignee's written agreement for the benefit of Lessor to be bound by the terms of this Lease. No
subletting or assignment shall relieve Lessee of its obligations under this Lease. Any assignment or
sublease by Lessee in violation of this Paragraph A shall be void and ineffective and shall, at the option of
Lessor,result in an immediate termination of this Lease.
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. ATTORNEYS' 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 attorneys'fees.
Section 21. RIGHTS AND OBLIGATIONS OF LESSOR.
If any of the rights and obligations of Lessor under this Lease are substantially and
negatively affected by any changes in the laws applicable to this Lease, whether statutory, regulatory or
under federal or state judicial precedent, then Lessor may require Lessee to enter into an amendment to
this Lease to eliminate the negative effect on Lessor's rights and obligations to the extent reasonably
possible.
5
Section 22. 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, including,without limitation, Lease
Audit No.207318 and any other lease under which all or any portion of the Premises was leased to Lessee.
Notwithstanding the prior sentence, Lessee shall retain any and all obligations and liabilities which may
have accrued under any other such agreements prior to the commencement of the term of this Lease. This
Lease may be amended only by a written instrument signed by Lessor and Lessee.
6
Kim Ogle
GALARSEN@up.com
ant: Tuesday, January 17, 2006 12:42 PM
To: Kim Ogle
Subject: Union Pacific Leases in Weld County
Attachments: 0845_001.pdf; 0858_001.pdf; 0846_001.pdf; 0847_001.pdf
GP F'F FrFroFCf
0845_001.pdf(37 0858_001.pdf(47 0846_001.pdf(28 0847_001.pdf(31
KB) KB) KB) KB)
Kim,
As you requested, find below information regarding the three (3) areas you inquired about.
The property in Platteville is covered under two (2) leases referenced below.
1. Gilcrest - UP Folder 189-59 - Lance Clymer, dba, Timberline Log
Exteriors (303) 514-9192 , effective February 1, 2004, original use approved for the
manufacturing and storage of log home products, Sub Lessee is Paragon Railcar Salvage,
Noah Figueroa (970) 356-2356, located in the
SE1/4 Section 28, T4N, R66W, approved use transloading various non-hazardous commodities
from rail to truck including rail cars . Lease renews on an annual basis February 1st of
each year; however, either party can terminate the lease with 30 days written notice.
(See attached file: 0845_001.pdf)
2 . Peckham - UP Folder 195-58 - Jeremy James Long (303) 667-4737,
.—effective May 10, 2000, located in the NW1/4 Section 23, T4N, R66W, approved use for
aed/grain storage and handling and agribusiness consignment sales, Lease renews on an
annual basis May 1st of each year; however, either party can terminate the lease with 30
days written notice.
(See attached file: 0858_001.pdf)
3 . Platteville - UP Folder 1723-54 - Darrell Felton and Christina Gail
Felton (303) 774-1962, effective July 15, 2003 and expires July 14, 2023; however, either
party can terminate the lease with 30 days written notice, located in the SE1/4 Section 7,
T3N, R66W, approved use retail sales namely trailer and pickup truck sales along with use
for Lessee-owned trailer for office space and Lessee-owned septic tank and water well.
(See attached file: 0846_001.pdf)
4. Platteville - UP Folder 275-89 - Darrell Felton and Christina Gail
Felton (303) 774-1962, effective November 10, 2003 and expires November 9, 2023 ; however,
either party can terminate the lease with 30 days written notice, located in the SE1/4
Section 7, T3N, R66W, approved use for building encroachment for industrial purposes
namely trailer and pickup sales.
(See attached file: 0847_001.pdf)
Should you require further information, please give me a call . Thank-you.
Gregg A. Larsen
Senior Manager - Real Estate
Union Pacific Railroad Company
1-1400 Douglas Street
top 1690
Omaha, NE 68179-1690
Phone: 402-544-8552
Fax: 402-501-0340
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AGREEMENT FOR FIBER OPTIC PROVISION. 1•
EXHIBIT"A" I
• UNION PACIFIC RAILROAD COMPANY
• PLATTEVILLE,CO
M.P.036390-Greeley Subdivision
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Lease to DARRELL FELTON AND CHRISTINA GAIL
FELTON
SCALE: 1"=200' I
REAL ESTATE DEPARTMENT I
OMAHA,NE Date: July 9,2003
Folder:01723-54
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