HomeMy WebLinkAbout20062200.tiff RESOLUTION
RE: APPROVE RENEWAL RIDER AGREEMENT FOR HIGHWAY PURPOSES (MILE
POST 5.0 ON THE FORT COLLINS BRANCH)AND AUTHORIZE CHAIR TO SIGN -
UNION PACIFIC RAILROAD
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,the Board has been presented with a Renewal Rider Agreement for Highway
Purposes(Mile Post 5.0 on the Fort Collins Branch)between the County of Weld,State of Colorado,
by and through the Board of County Commissioners of Weld County,and Union Pacific Railroad,
commencing July 1, 1996, and ending June 30, 2031,with further terms and conditions being as
stated in said lease, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Renewal Rider Agreement for Highway Purposes(Mile Post 5.0 on the
Fort Collins Branch)between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County,and Union Pacific Railroad be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 9th day of August, A.D., 2006, nunc pro tunc July 1, 1996.
BOARD OF CsUNTY COMMISSIONERS
]E j...e) WELD COU , COLORADO
ATTEST: Li,'�
mfr. J. He, Chair
Weld County Clerk to the '-n 01,
David E. Long, Pro-Tem BY: (11
Dep Clerk the =oard
WilliaV,;erke \\\1\4"D---'
APP AST \\xx\\
obert D. Masden
un y Attorney EXCUSED
1 Glenn Vaad
Date of signature: 2 1
2006-2200
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UNION
PACIFIC
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AUG n7 � �� I
WELD COUNTY
ATTORNEY'S OFFICE
August 2, 2006
Folder: 00004-38
BRUCE BARKER ESQ
WELD COUNTY COLORADO
PO BOX 758
GREELEY CO 80632
RE: Renewal Rider covering highway purposes at or near Dent, Weld County, Colorado
Dear Mr. Barker,
The above-mentioned 25-year highway lease, identified in our records as Audit No. A27272, has expired
effective June 30, 1996. As we have previously discussed, the Railroad would like to renew this lease on
a 25-year term for a one-time payment of$27,000.00. The Railroad is proposing to renew the lease up to
June 30,2031 at the one-time payment of$27,000.00.
In order to cover the continued use of the Railroad's property we are enclosing herewith duplicate
originals of a Renewal Rider which will extend the aforementioned highway lease for an additional 25
years. Please execute or arrange for execution of the attached document. Please RETURN ALL COPIES
of the document for execution on behalf of the Railroad Company.
A one-time payment in the amount of$27,000.00 to cover the extended term is due and payable upon
your execution of the agreement. Please include your check, with Folder No. 00004-38 written on the
front, with the return of the documents. This Agreement will not be accepted by the Railroad Company
until the initial payment is received. If you require formal billing, consider this letter as a formal bill.
In compliance with the Internal Revenue Service's policy regarding Form 1099, I certify that 94-6001323
is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific
Railroad Company is doing business as a corporation.
4en
ly yours,
Senior Manager- Real Estate
(402) 544-8552
Rad Estate
UNION PACIFIC RAILROAD
1400 Douglas Street, Stop 1690
Omaha, Nebraska 68179-1690
fx. (402) 501-0340 2006-2200
Folder No. 00004-38
RENEWAL RIDER AGREEMENT
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, and its predecessors in
interest, (hereinafter the "Railroad Company") and COUNTY OF WELD, STATE OF COLORADO,
(hereinafter the "Licensee"), or their predecessors in interest, have heretofore entered into an agreement
dated April 14, 1922, bearing Railroad Company Audit No. A27272 (hereinafter "Basic Agreement")
covering highway purposes at Mile Post 5.0 on the Fort Collins Branch at or near Dent, Weld County,
Colorado.
The parties hereto now mutually agree that the Basic Agreement, including any supplement or
amendment thereto (if any), is hereby adopted by the parties hereto as their agreement for a term
commencing retroactively to July 1, 1996, and extending to June 30,2031.
Effective July 1, 2006, Lessee shall pay to Lessor advance fixed rent of Twenty Seven Thousand
Dollars($27,000.00)for the term.
All the terms and conditions of the Basic Agreement, as heretofore or herein supplemented and/or
amended (if applicable), shall have the same force and effect and be as binding upon the parties hereto
during said term as if the same were repeated herein.
The following Special Provision for 'Protection of Fiber Optic Cable Systems' is hereby made a
part hereof.
Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic
cable systems is of extreme importance since any break could disrupt service to users resulting in business
interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a
24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be
used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved,
arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic
cable prior to beginning any work on the Licensor's premises.
The Basic Agreement is hereby modified to provide that Licensee may assign this Lease(or
partially assign this Lease)to the Town of Milliken and/or to the Town of Evans without Lessor's prior
consent, provided that notice is provided to Lessor and provided the respective Town(s)executed Lessor's
standard Assignment and Assumption Agreement.
Before commencement of the term of this Lease, Lessee shall provide to Lessor a certificate
issued by its insurance carrier evidencing the insurance coverage required under Exhibit A hereto
attached and made a part hereof.
Except as herein modified, all terms and conditions of the Basic Agreement remain the same.
62OOO-<2a.00
Executed this 9th day of August , 2006.
UNION PACIFIC RAILROAD COMPANY WELD,COUNTY F
By c ts• ' _��w�7�
A i' -Real Estate i E 114 M. J. Geile. Chair, Board of
4 County Commissioners
UM; -Vtasr
Fie fiateh,
:In
V 'T''UNTY CLERK TO THE BOARD
i
BY: ° iii -Q j L 0 j(
DEPUTY CLERK • THE BOARD
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Approved: Insurance Group EXHIBIT A
Created: 9/28/06
Last Modified: 9/28/06
Union Pacific Lessor
Contract Insurance Requirements
Lease of Highway
Lessee shall, at its sole cost and expense, procure and maintain during the life of
this Lease (except as otherwise provided in this Lease) the following insurance
coverage:
A. Commercial General Liability insurance. Commercial general liability
(CGL) with a limit of not less than $3,000,000 each occurrence and an aggregate
limit of not less than $3,000,000. CGL insurance must be written on ISO
occurrence form CG 00 01 12 04 (or a substitute form providing equivalent
coverage). The policy must also contain the following endorsement, which must
be stated on the certificate of insurance: Contractual Liability Railroads ISO form
CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing
"Lessor's Property" as the Designated Job Site.
B. Business Automobile Coverage insurance. Business auto coverage
written on ISO form CA 00 01 (or a substitute form providing equivalent liability
coverage) with a combined single limit of not less $2,000,000 for each accident.
The policy must contain the following endorsements, which must be stated on the
certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form
CA 20 70 10 01 (or a substitute form providing equivalent coverage)
showing "Lessor's Property" as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90)
if required by law.
C. Workers Compensation and Employers Liability insurance. Coverage
must include but not be limited to:
• Lessee's statutory liability under the workers' compensation laws of the
state(s) affected by this Lease.
• Employers' Liability (Part B) with limits of at least $500,000 each accident,
$500,000 disease policy limit $500,000 each employee.
If Lessee is self-insured, evidence of state approval and excess workers
compensation coverage must be provided. Coverage must include liability arising
out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and
the Outer Continental Shelf Land Act, if applicable.
In any and all Claims against Lessor by any employee of Lessee, the Lessee's
indemnification obligation under this section shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits
1
. I
Approved: Insurance Group
Created: 9/28/06
Last Modified: 9/28/06
payable under any workers compensation acts, disability benefits acts, or other
employee benefits acts.
D. Railroad Protective Liability insurance. Lessee shall procure or cause to
be procured Railroad Protective Liability insurance written on ISO occurrence
form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on
behalf of Railroad as named insured, with a limit of not less than $2,000,000 per
occurrence and an aggregate of $6,000,000; for any work contemplated by this
Agreement by any contractor or any subcontractor and shall keep such insurance
in effect during the entire period of the operations of such contractor or
subcontractor. A binder stating the policy is in place must be submitted to
Railroad before the work may be commenced and until the original policy is
forwarded to Railroad.
E. Pollution Liability insurance. If permitted use as defined in this Lease
includes any generation, handling, enrichment, storage, manufacture, or
production of hazardous materials pollution liability insurance is required.
Pollution liability coverage must be written on ISO form Pollution Liability
Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing
equivalent liability coverage), with limits of at least $5,000,000 per occurrence
and an aggregate limit of$10,000,000.
If hazardous materials are disposed of from the premises, Lessee must furnish to
Lessor evidence of pollution legal liability insurance maintained by the disposal
site operator for losses arising from the insured facility accepting the materials,
with coverage in minimum amounts of $1,000,000 per loss, and an annual
aggregate of$2,000,000.
F. Umbrella or Excess insurance. If Lessee utilizes umbrella or excess
policies, these policies must "follow form" and afford no less coverage than the
primary policy.
Other Requirements
G. All policies required above must include Lessor as "Additional Insured"
using ISO Additional Insured Endorsement CG 20 11 (or a substitute form
providing equivalent coverage). The coverage provided to Lessor as additional
insured shall, to the extent provided under ISO Additional Insured Endorsement
CG 20 11, provide coverage for Lessor's negligence whether sole or partial,
active or passive, and shall not be limited by Lessee's liability under the
indemnity provisions of this Lease.
H. Lessee waives all rights against Lessor and its agents, officers, directors
and employees for recovery of damages to the extent these damages are
2
Approved: Insurance Group
Created: 9/28/06
Last Modified: 9/28/06
covered by the workers compensation and employers' liability or commercial
umbrella or excess liability insurance obtained by Lessee required by this Lease.
I. Punitive damages exclusion, if any, must be deleted (and the deletion
indicated on the certificate of insurance), unless (a) insurance coverage may not
lawfully be obtained for any punitive damages that may arise under this Lease, or
(b) all punitive damages are prohibited by all states in which the premise(s) are
located.
J. Prior to execution of this Lease, Lessee shall furnish Lessor with a
certificate(s) of insurance, executed by a duly authorized representative of each
insurer, showing compliance with the insurance requirements in this Lease.
K. All insurance policies must be written by a reputable insurance company
acceptable to Lessor or with a current Best's Insurance Guide Rating of A- and
Class VII or better, and authorized to do business in the state where the Property
are located.
L. The fact that insurance is obtained by Lessee or by Lessor on behalf of
Lessee will not be deemed to release or diminish the liability of Lessee, including,
without limitation, liability under the indemnity provisions of this Lease. Damages
recoverable by Lessor from Lessee or any third party will not be limited by the
amount of the required insurance coverage.
M. The policies required by this agreement shall contain no exclusions limiting
coverage for the existence or maintenance of streets, roads, highways, or
bridges.
3
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• :p \ WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
Wilge, WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO August 9, 2006
Gregg A. Larsen
Senior Manager-Real Estate
Union Pacific Railroad Company
1400 Douglas Street Stop 1690
Omaha, NE 68179-1690
Re: Railroad Leases Folder Nos. 4-38, 2024-98,
60-46, and 16-36
Dear Mr. Larsen:
I have enclosed in the appropriate envelopes the Railroad Leases Folder Nos. 4-38, 2024-98, 60-
46, and 16-36 which have been approved and signed by Mike Geile, Chairman of the Board of
County Commissioners of Weld County, Colorado. I understand that you will have the
appropriate representative from the Union Pacific Railroad Company sign one of the originals
and send it back to me at P.O. Box 758, 915 10`" Street, Greeley, CO 80632.
A check in the sum of$33,636.00 is enclosed with Lease Folder No. 4-38. Copies of the check
are included with the other Lease Folders. I had asked for separate checks,but this one came
through. I apologize for any inconvenience this may cause.
Thank you again for your continued patience in getting these leases completed.
You had asked about whether Weld County had ever vacated the right-of-way obtained from the
Union Pacific near Brighton in 1896 and used for WCR 27. After reviewing the County files, we
find no order or resolution of the Board vacating that right-of-way.
Please call me at (970) 356-4000, ext. 4390, if you have any questions or need anything further.
z,Sitic ely,
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- Weld County Attorney
Enc.
pc: Esther Gesick
Leon Sievers
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UNION
PACIFIC
OCT oar
Lir :T i GRNI f . OFFICE
September 29,2006
Folder: 00004-38 and 2024-96
BRUCE BARKER ESQ
WELD COUNTY COLORADO
PO BOX 758
GREELEY CO 80632
RE: Renewal Rider covering highway purposes at or near Dent and Auburn, Weld County, Colorado
Dear Mr. Barker,
As we discussed on the telephone earlier this week, find enclosed herewith duplicate originals of
Renewal Riders which will extend the aforementioned highway leases for an additional 25 years. Due to a
change in the Railroad's insurance policies, I have attached an Exhibit A to these documents reflecting
the Railroad updated insurance requirements.
Please execute or arrange for execution of the attached documents. Please RETURN ALL COPIES of the
document for execution on behalf of the Railroad Company as well as Certificates of Insurance reflecting
the above folder numbers. I apologize for any inconvenience this may cause.
Sinc�trely yours, /
l/✓G/r ien�Of l l
Senior Manager-Real Estate
(402)544-8552
Rnt Estate
UNION PACIFIC RAILROAD
1400 Douglas Street,Stop 1690
Omaha, Nebraska 68179-1690
fx. (402) 501-0340
a WELD COUNTY ATTORNEY'S OFFICE
1 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO October 27, 2006
Gregg A. Larsen
Senior Manager-Real Estate
Union Pacific Railroad Company
1400 Douglas Street Stop 1690
Omaha,NE 68179-1690
Re: Railroad Folder Nos.0005-17, 02024-96, and
00004-38.
Dear Mr. Larsen:
Enclosed are the following:
a. Two signed originals of the Renewal Rider Agreement for Folder No. 00004-38.
b. Two signed originals of the Renewal Rider Agreement for Folder No. 02024-96.
c. Two signed originals of the Lease of Property for Folder No. 0005-17.
d. Copies of the Certificates of Liability Insurance for Folder Nos. 0005-17, 02024-
96, and 00004-38. I assume you have received the originals. Also enclosed is a
copy of Weld County's Self-Insurance Permit from the State of Colorado.
e. A check in the sum of$500 for Folder No. 0005-17..
f. A copy of a letter dated October 13, 2006, including its enclosure, from Don J.
Hoff, Town Attorney for the Town of Pierce.
I believe this completes all of the lease transactions we have been working on. Please call me at
(970) 356-4000, ext. 4390, if you have any questions or need anything further.
Sincerely,
Bruce`'1.Barer
F Weld County Attorney
Enc.
pc: Esther Gesick
Leon Sievers
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IPACIFIC I A.Mry '+ NOV � � �fiOR n fi� p
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ATTORNEY'S CM F.CE
NOV 08 2006,
Folder: 00004-38
BRUCE BARKER ESQ
ASSISTANT COUNTY ATTORNEY
WELD COUNTY COLORADO
PO BOX 758
GREELEY CO 80632
Dear Mr. Barker,
RE: Renewal Rider covering highway purposes at Mile Post 5.0 on the Fort Collins Branch at or near
Dent, Weld County, Colorado
Attached is your copy of the fully-executed original of the above-referenced Renewal Rider.
The Railroad Company has authorized the installation of fiber optic cable facilities on its property in
certain areas. Prior to digging on the Railroad's property you must contact the Railroad Company
at 1-800-336-9193 to determine if this property contains fiber optic cable. In any event, you should
thoroughly review the terms and conditions of this Lease.
In compliance with the Internal Revenue Service's policy regarding its Form 1099, this is to advise you
that 94-6001323 is Union Pacific Railroad Company's Federal Taxpayer Identification Number and we
are doing business as a orporation.
4Sin ly yours,
Aj
Gr . Larsen
Senior Manager- Real Estate
(402) 544-8552
Reel Estate
UNION PACIFIC RAILROAD
1400 Douglas Street,Stop 1690
Omaha, Nebraska 68179-1690
fx. (402) 501-0340
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