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Home My WebLink About370001.tiff RESOLUTION RE: LEASE OF RIGHT OF TAY FROM THE GREAT WESTERN RAILWAY COMPANY. Commissioner Riggs offered the following resolution and moved its adoption: WHEREAS, Weld County Road District Number Two proposes to erect suitable sheds for machinery stationed at Mead, Colorado, and WHEREAS, arrangements have been made to lease a building site from The Great Western Railway Company for an annual rental of $1.00 per year. NOW, THEREFORE, BE IT RESOLVED, That the Chairman of The Board of County Commissioners of Weld County be, and hereby is, authorized and directed to sign said lease on behalf of Weld County, Colorado. Commissioner Arens seconded the motion and resolution was adopted by the following vote: AYES: 1atr- -.45?-7;17- it 7 THE BOARD OF COUNTY CO 4ISSIONERS OFF-Ina COUNTY, COLORADO. 370001 / \ § ` ® ) § 2 1 C3 I- itt 0 ® \ 8 I \3 .> d ' § ) § \ ) ./ \\ ._-- ., or) x/ m 3 \ te \ I G \ ) § ] / �1. FORM SO TUE G SAT WESTERN RAIL WAN .COMPANY C. E. ANGOVE, SUPERINTENDENT LOVELAND, COLORADO— �bx — 'h_r-._--193-7. Board of County Cornraissioners, Greeley, Colorado. Gentlemen: I am enclosing herewith three copies of a lease covering a parcel of ground located at Mead, Colorado , which has been executed by The Great Western Railway Company. ';dish to ask that you please have the three copies executed by the Board of Commissioners , retaining the dupli- cate for 'Tour file and returning the original and third copy to the undersigned . Yours truly, THE GRIT WESTERN i ILuiA.Y Jt0AJY By L l' - /7-Superintendent . -LT_?H Encls. -3 Form 49-500-7-34 THE GREAT WESTERN RAILWAY COMPANY LEASE No. THIS INDENTURE, Made, in duplicate, this let day of February , 19 37 , by ir between THE GREAT ate of ColoradoA(hereinafter AY OMcaA d the "Ra"Railway Company"), of the first part, and orporation organized and existing under andby virtue of the laws o the Weld County, Colorado ,(herconsid- eration fet cov enant Lessee"), of the second and agreements herein made Eto That the Railway performed by o the ny, for Lessee asdhereinafter (ravid of the covenants provided, has leased and let, and does hereby lease and let, unto the Lessee the following described premises, situate in Mead , County of "le1d and State of Colorado, to-wit: peginninF, at a pointy which is the sou the e thhea st line of said corner rf l5 Block , 5 in the Town of >es.d, thence north along, for a distance of 100 feet to a potdithence ®aAnt�, west atdistance r3s.�1e Gc esxsgle s, 190 feet to a point which 3.s 40 feet from the center line of the main line the Great .ester, i ail v'eY thence southwesterly along a line which is Gompany' s and parallel to the center line of The Great WesterntRail on tae south m line main line for a distance of 10'1.8 feet the south line of said Block 5 of said Block 5 * thence east along t�tid B said leased for a distance of 230 feet to the place of beginning;ci hi ire pren'Ises contain 21,000 square feet , more or less , own bounded by red line on the blue print marked Exhibit A hereto attached and rade a part hereof; reserving to the Railway Company all railroad tracks, if any, now on said premises, with the necessary and conven- e e same, nd e trig her tracks overt said premises where ethe same shall right to to thinterffereawithhtheustructures of the rther right to nLessee. struct and op er erate TO HAVE AND TO HOLD The same, from the date hereof until such time as this contract shall be terminated as hereinafter provided; and the Lessee, in consideration of the leasing of the premises as above set forth, covenants and agrees to and with the Railway Company as follows, to-wit: 1. That the Lessee shall pay to the Railway Company as rental for said demised premises the sum of One Dollars ($ 1.00 ) Per year, payable as follows: annually in advanc e. In case of non-payment of rental or taxes the same shall, until paid, constitute a lien upon any building or property owned by the Lessee located upon the premises, and the lien may be foreclosed according ti law. 2. That the land hereby leased shall be used by the Lessee for machinery storage 1urposes only; and that the Lessee will not do or permit to be done, ri`n Tsai; premises anything forbidden by law, and will l:eeP and maintain said premises, buildings, appurtenances, and the fences enclosing the same, in good order and repair, and shall otherwise keep said property in such condition as may be required bye and immoral any rdiinance or direction conduct upon of public officials. That it is hereby especially covenanted and agreed that gambling, the leased premises. and the use thereof for any unlawful purpose whatsoever, are, under the terms of this lease, ex- pressly prohibited, and that no loose, rude or immoral characters shall be harbored or sheltered thereon,or permitted to loiter upon, or frequent the leased premises, or any part thereof; and in the event any part of the leased premises are used in any unlawful manner, or in any manner or fur any of the purposes herein prohibited or proscribed, and a fine, judgment, lien, penalty or forfeiture accrues therefrom to the damage cr injury of the Railway Company, or to the leased premises, or any part thereof, then and in that event, the Lessee shall hold harmless the Railway Company and the leased premises from any and all such liens, fines, damages, penalties, forfeitures and judgments; it being the intent hereof that the Lessee shall, at all times, protect the Railway Company and the leased premises from all injury, damage and loss by reason of the occupation of the leased premises by the Lessee,or from any cause whatsoever growing out of the Lessee's use thereof. 3. That no improvementsayc placed be paid,befohe re the same ed premises become the delinquent, all taxesand part allf the assessments of the Lessee agrees to pay, every nature that may be levied and assessed during the continuance oI this lease upon all Improvements, build- ings and property owned and/or placed by the Lessee upon or about the leased premises and the Lessee shall save harmless the said premises and the Railway Company therefrom. 4. That no building, platform or structure shall be erected or maintained and no material or obstruction of any kind or character shall be placed, piled, stored, stacked or maintained closer than eight (8) feet six (6) inches to the center line of the nearest track of the Railway Company; PROVIDED, however, that in the case of platforms not higher than four (4) feet above the top of the rail a minimum clearance of seven (7) feet three (3) inches from the center line of the nearest track of the Railway Company will be permitted; and PROVIDED further that along and adjacent to, and for one car length beyond, those portions of track having a curvature greater than ten (10) de- grees the clearances hereinbefore provided shall, with reference to platforms four (4) feet or less in height, be in- creased horizontally six (6) inches, and with reference to all buildings, platforms, structures and obstructions greater than four (4) feet in height, shall be increased horizontally one (1) foot; and PROVIDED further that if by statute or order of competent public authority greater clearances shall be required than those provided for in this Section 4, then the Lessee shall strictly comply with such statute or order. All doors, windows and gates shall be of the sliding type or shall open toward the inside of the building or enclosure when such building or enclosure is so located that the said doors, win dove or gates if opening out ward, would, when opened, impair the clearances in this section prescribed. 5. That the Lessee shall not locate or erect, or permit the location or erection of any poles, beams, pipes, wires, structures, or any obstruction whatsoever over or under any tracks of the Railway Company on said premises without the written consent of the latter. 6. That no gunpowder, gasoline, dynamite, or explosives or inflammable material shall be stored or kept upon the leased premises. Nothing herein contained, however, shall prevent the storage of oil or gasoline upon the leased premises when the purpose for which the same are to be used, as indicated by Section 2 hereof, contemplates such storage; nor the storage of oil or gasoline where same are used by the Lessee for fuel in the business carried on by the Lessee on the leased premises, and are stored in quantities reasonable for such purpose; PROVIDED, how- ever, that in all of said excepted cases, the Lessee shall strictly comply with all statutory and municipal regula- tions relating to the storage of such commodities. 7. That the Lessee hereby covenants and agrees that any and all buildings erected upon the leased premises shall be of such construction as shall be approved by the Railway Company and shall be painted by the Lessee a color satisfactory to the Railway Company; that the roof of each such building shall be of fire-resistive material; that when such buildings are without solid foundation the openings between the ground and the floor thereof shall be covered with fire-resistive material; that the leased premises shall during the continuance of this lease be kept by the Lessee in a neat and tidy condition and free from all straw, rubbish or any material which would tend to increase the risk of fire or give the grounds an untidy appearance; that none of the buildings or improvements erected on said premises shall be used for displaying posters or any signs or advertisements other than such notices and signs as may be connected with the business of the Lessee or placed thereon by the Railway Company, and that all such signs and notices shall be neat and shall be properly maintained. S. That the Lessee shall fully pay for all materials joined or affixed to said premises, and shall pay in full all persons who perform labor upon said premises, and shall not permit or suffer any mechanic's or material-man's lien, or charge of any kind or nature, to be enforced against said premises for any work done or materials furnished thereon at the instance or request or on behalf of the Lessee; and the Lessee agrees to indemnify and hold harmless the Rail- way Company from and against any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed or materials furnished. 9. That the Lessee accepts ..aid premises, buildings and appurtenances in their existing state, without any war- ranty, express or implied, of their present or future fit, safe or habitable condition, and the Railway Company shall be under no obligation to repair or support the same or perform any duty in respect to the same imposed by com- mon or statutory law or public authority. 10. That if the Lessee abandons said premises the Railway Company may at its option enter upon and take possession of the same, and that a non-user of said premises for the purpose herein mentioned for a period of one year by the Lessee shall be sufficient and conclusive evidence of such abandonment. 11. That either party hereto may terminate this lease at any time upon giving the other party three months written notice of such termination; Provided, however, that rent shall be paid by the Lessee to the date of termina- tion fixed by said notice, and if rent has been paid in advance the proportionate amount for the unexpired term shall be returned to the Lessee. That said notice terminating this lease may be given to the Lessee by serving the same upon the Lessee personally, or upon any agent or representative of the Lessee on said demised premises, or by posting a copy of such notice on the outside of any door in any building erected or occupied by the Lessee upon said demised premises; and upon any termination by the Railway Company, by notice as aforesaid to the Lessee, all rights of the Lessee hereunder shall immediately cease and determine. 12. That within thirty days next following any termination of this lease, howsoever, the Lessee shall, under the supervision and to the satisfaction of the Chief Engineer of the Railway Company, remove from the premises all build- ings, structures and property whatsoever not belonging to the Railway Company and fill up all excavations on the pre- mises and restore the surface of the ground to as good condition as the same was in before such buildings and struc- tures were erected, all at the expense of the Lessee; and if the Lessee fails so to do, the Railway Company may tear down and remove the same and level the ground at the expense of the Lessee, without any liability whatsoever in damages or otherwise. 13. That the Lessee hereby releases the Railway Company from all liability for damage by water to the leased premises and/or to property thereon belonging to or in the custody or control of the Lessee, including buildings and contents, regardless of whether such damage be caused or contributed to by the position, location, construction or condition of the railroad, roadbed, tracks, bridges, dikes, ditches or any structures of the Railway Company, or any adjacent irrigation ditches or laterals. 14. That it is understood by the parties hereto that the leased premises are in dangerous proximity to the tracks of the Railway Company, and that by reason thereof there will be constant danger of injury and damage to buildings and property on said premises by lire, and that the Lessee accepts this lease subject to such danger. It is therefore mutually agreed, as one of the material considerations for this lease and without which the same would not be grant- ed by the Railway Company, that the Lessee assumes all risk of loss, damage or destruction of or to buildings or contents on the leased premises, and of or to other property brought thereon by the Lessee or by any other person with the knowledge or consent of the Lessee and of or to property in proximity to the leased premises when con- nected with or incidental to the occupation thereof, and any incidental loss or injury to the business of the Lessee, where such loss, damage, destruction or injury is occasioned by fire caused by, or resulting from, the operation of the railroad of the Railway Company, whether such fire be the result of defective engines, trains or cars, or of negli- gence on the part of the Railway Company or of negligence or misconduct on the part of any officer, servant, agent or employes of the Railway Company, or otherwise, and the Lessee hereby agrees to indemnify and hold harmless the Railway Company from and against all liability, actions, causes of action, claims or demands which any person may hereafter assert, have, claim, or claim to have, arising out of or by reason of any such loss, damage, destruction or injury, including any claim, cause of action or demand which any insurer of such buildings or property may at any time assert, or undertake to assert, against the Railway Company. 15. That the Lessee hereby assumes all risk of and shall indemnify and hold harmless the Railway Company ftfrom and against any and all damages, claims, demands, actions, and/or expenses of whatsoever nature which may accrue or result from injury to or the death of any persons whomsoever and/or loss of or damage to property of any kind or nature including damage to the roadbed, tracks, equipment or any property whatsoever of the Railway Company and/or the property of others in its charge as a common carrier, or otherwise, or for the destruction of which it may be held liable, if such injury, death, loss or damage in any manner whatsoever results from or arises out of the use or occupancy by the Lessee of the right of way or premises as aforesaid, or the presence or existence upon said premises of any of the Lessee's property or facilities or the maintenance, use, operation, repair, renewal or removal thereof or the contents therein or therefrom, or which shall occur while a car is, or cars are, being loaded or unloaded on said premises, or shall otherwise arise from fire or explosion on said premises and thence communi- cated or extending to the property of the Railway Company, the Lessee, and/or others located outside of said premises. 16. That the Lessee shall cause, during the continuance of this lease, the policies of fire insurance on the buildings and structures of the Lessee, and the contents thereof, and other property of the Lessee or others upon or about the demised premises with the consent of the Lessee, to be so written that in the event of the destruction thereof or any damage thereto by fire no insurance company shall have recourse against the Railway Company. 17. That the Lessee shall he liable for and indemnify and save harmless the Railway Company on account of any and all injury or damage to persons or property of whatsoever nature or kind, arising out of or occasioned or con- tributed to by any breach in whole or in part by the Lessee, its agents or employes, of any of the terms or provisions of this lease. IS. That no railroad cnupany other than the Railway Company shall be allowed to use any track owned or built by the Railway Company now or hereafter upon or extending to any part of the leased premises, without the permission in writing of the Railway Company. 19. That the Lessee agrees not to let or sublet the leased premises, in whole or in part, or to assign this lease without the consent in writing of the Railway Company, and it is agreed that any transfer or assignment of this lease, whether voluntary, by operation of law or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Railway Company, shall terminate this lease. 20. That, anything herein to the contrary notwithstanding, if the rent above reserved, or any part thereof, is not paid as and when the same is due and payable hereunder, or if default shall be made by the Lessee in any one or more of the covenants or agreements herein contained, to be kept and performed by the Lessee, it shall and may be lawful for the Railway Company, at its option and election, with or without notice, to declare the term of this lease immediately ended, and into said premises, either with or without process of law, to re-enter and the Lessee or any other person or persons occupying or being in or upon the same to expel, remove and put out, using such force as may be necessary in so doing, and the said premises again to repossess, take over and enjoy as of its first and former estate. And whenever said term shall be ended or determined upon any default as aforesaid, or in any other way, the Lessee hereby covenants and agrees to surrender and deliver up the said above described premises and property peaceably to the Railway Company immediately upon the termination of this lease; and if the Lessee shall remain in possession of the same after any termination of this lease the Lessee shall be deemed guilty of a forcible detainer of said premises under the statute, hereby waiving all notice, and shall be subject to all of the conditions and provisions above named and to eviction and removal, forcible or otherwise, with or without process of law, as above stated. 21. That time is of the essence of this agreement. A waiver by the Railway Company of the breach by the Lessee of any covenant or condition of this lease shall not impair the right of the Railway Company to avail itself of any subsequent breach thereof. 22. That this lease is made subject to any and all easements, rights, rights of way, grants and reservations, if any, heretofore made affecting the said premises hereby leased. 23. That by the word "Lessee" is meant the party or parties of the second part herein and signing this agree- ment, and his, its, or their heirs, executors, administrators, successors and assigns, and that all of the terms and conditions of this agreement shall inure to the benefit of the Railway Company, and its successors and assigns, or any railroad company whose line of railroad the Railway Company may be operating under any arrangement of any kind or nature whatsoever. IN WITNESS WHEREOF, The parties hereto have caused these presents to be executed the day and year first above written. THE GREAT E AILWAY COMPANY, Attest: // V Secretary. V3.C e_ President. Party A the First Part. 47/0412404 _,^ Vi t,.6r3 COUNTY�j , a'‘D RA''' eo Party of the Second Part. \ \ k k , \ V. 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