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Home My WebLink About821059.tiff -- i RESOLUTION RE:. APPROVE ADDENDUM. TO AGREEMENT BETWEEN WELD COUNTY AND THE UNION PACIFIC RAILROAD COMPANYCONCERNING LEASE 'NO. C::D7 AUTHORIZATION FOR CHAIRMAN TO SIGN 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, on August. 1, 1978 , an Agreement was entered into between Weld County and the Union Pacific Railroad. Company for lease of premises .for highway purposes at Weld County Road 33, north of Pierce, Colorado, for a term of 25 years with a rental fee of $1,165.00, and WHEREAS, the original Agreement was amended on September 8, 1981, and WHEREAS, the parties now desire to amend. the current Agree- ment as. stated in the Addendum to Agreement attached hereto and incorporated herein by reference, and WHEREAS:,. the Board deems it advisable to approve said Addendum to Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Addendum. to Agree- ment between Weld County and the Union Pacific Railroad Company for lease of premises tor highway purposes at Weld ,County Road 33, north -of Pierce, Colorado, be, and hereby. is, approved. BE IT FURTHER RESOLVED. by the Board that the. Chairman be, and hereby is, authorized to sign said Addendum to Agreement. The above and foregoing Resolution was, on motion duly made and seconded.,. adopted by the following vote on the 29th day of September, A.D. , 1982. -fwc,c; BOARD OF COUNTY COMMISSIONERS ATTEST: / WE COUNTY, COLORADO Weld County Clerk and Recorder • gr, /- and Clerk to the Board n T. Martin, Chairman EXCUSED Deputy County'tterk huck Carlson, Pro-Tem RO J AP D AS TO FORM: _ Norman Carlson C EXU.S D DATE OF SIGNING - AYE County Attorney 9l. W. Kirby erne DATE PRESENTED: October 4, 1982 J e K. Stei mark e 2 5 3 c,4 �C. : !�.P R �2 - � cci- - 4 -2^-6- 19R2^ 1Nc,9 DUPLICATE ORIGINAL lessee's Counterpart, C.D. No. 5845-3-B • C_:721. ADDENDUM TO AGREEMENT dated August. 1, 1978 (here- - inafter the Original Agreement) , by and between UNION PACIFIC . • .o. RAILROAD COMPANY (Lessor) and COUNTY OF WELD, STATE OF BC-> °2 o COLORADO (Lessee) covering lease of premises for highway csi purposes at Pierce, Colorado, for a term of 25 years a cm commencing August 1, 1978 , unless sooner terminated as 3 o w therein provided. By instrument dated September 8 , 1981, z g the Original Agreement has been amended. The Original pi, Agreement, amended as aforesaid, hereinafter is the Current Agreement and is identified in the records of the Lessor as Audit No. 104380. IT IS MUTUALLY AGREED by and between the parties to the Current Agreement as follows: Section 1. AMENDMENT OF FIRST PARAGRAPH OF SECTION 2 OF ORIGINAL AGREEMENT. Effective as of August 1, 1978, Section 2 of the Original Agreement shall be, and hereby is, amended to read as follows: Section 2. RENTAL; TAXES; ASSESSMENTS; CONSTRUCTION; LIABIILTY. As a consideration for this Lease the Lessee agrees to pay in advance to the Lessor a • rental of_ $1,165.00 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 rail- road 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 1 l 1 = c 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 harm- - less 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 result from the construction or maintenance of drainage ditches or waterways by the Lessor. " Section 2. AGREEMENT SUPPLEMENTAL. This Agreement is supplemental to the Current Agree- ment and nothing herein contained shall be construed as amending or modifying, the same except as herein specifically provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the /a day of Ora , 19fg. Witness: UNION PACIFIC RAILROAD COMPANY, fl a By General Manager Attest: �� COUNTY OF WELD, STATE OF COLORADO, 7' 62-w £ r.a. / 2cwv r BBY 4:11 i 7717/7--1-4, Colinty lerk r Chairman, Board of ✓ //i /itu County Commissioners 2 \. ._ a...s..c.....r-.t..-.�i.;�.._ .. .._s,v.�.el.. .. _....;....r..._ ,.:.;a.-.,,r:_,- _ .E.,. ..,..r:.a..._.._...W-. _...Y..,..v.t,✓,.. ` '" ; • h •SENDER: A Nedra,.%,and 3. - c Add you:Your addn:v7;,the 70^apace on a mane ; I P 270 879 746 j _ L D➢owing service ia requested(check oae.) RECEIPT FORCERTIFIEDMAIL ` L,, Show to whom and data delivered. _4 0 ❑ Show to whom,date and address of NO INSURANCE COVERAGE PROVIDED—of delivery...—__ NOT FOR INTERNATIONAL MAIL m ❑ RESTRICTED DELIVERY . . Show to whom and date delivered _Q ' ❑ RFSTRICTED DELIVERY, I I UNION PACIFIC R.R. CO. Show to whom,date,and eddies of dellvery.5— .• 830 UNION PACIFIC BLDG. j UNION PACIFIC R.R. CO. 1416 DODGE STREET - - 830 UNION PACIFIC BLDG. - 1 OMAHA, NE 68179 XI 1416 DODGE STREET I . , 2 OMAHA, NE 68179 1 I . I SI I CERTIFIED FEE ¢ a co . ' 9 SPECIAL DELIVERY ¢ n 3. ARTICLE DESCRIPTION: `--- RESTRICTED DELIVERY ¢ m REGISTERED NO. CERTIFIED NO. INSURED NO. , I In , 779 7L4, 1 r w w SHOW TOWERE AND ¢ en DATE DELIVERED N 6 T. (Always obtain siBnaUrn of addressee or agent) 2 w y AND ADD ESSWHOM.OF DATE. N y '-• AND ADDRESSSS OF ¢ m I have received the article described ve. . . g cr it, DELIVERY w SHOW TO WHOM AND DATE fl SIGNATURE resuo ❑A i m DELIVERED WITH RESTRICTED ¢ a j i o m DELIVERY C 4 SNOW TO WHOM,DATE AND 9 ATE OF DELIVERY _ ADDRESS OF DELIVERY WITH ¢ RK -- - —1 RESTRICTED DELIVERY n P 6' EL* q = TOTALPOSTAGEAND FEES $ O5. ADDRESS IComMats only II 1�/0j� POSTMARK OR DATE Syr ` g D I m 0. UNABLE TO DELIVER SECA G~ L K'S E ' - • 0 �.... , m • C . . *GPO:taTa.lflab48 1- • • UNION PACIFIC RAILROAD COMPANY UNION 1416 DODGE STREET PACIFIC OMAHA.NE 68179 VALERIE W.SCOTT 4 LLII I General Counsel C-5845-3-B ®ELI COUNTY Cfi lliSSI6liEIL County Clerk County of Weld - SEP22? 1982 P. O. Box 758 Greeley, CO 80631 ewaer E](. COLA+ Attention: Ms. Keitha White Dear Sir: Agreement Covering Lease of Right of Way at Pierce, Colorado This refers to agreement C.D. No. 5845-3 , covering lease of right of way for highway purposes at M.P. 66 . 23 at Pierce, Colorado. Our Real Estate Department has requested us to remove the word "annually" from an addendum to agree- ment C-5845-3, which was mailed to you on September 18 , 1981. Please execute the attached agreement, and return to me so that I can arrange for execution on behalf of the Railroad Company. After this is done, I will return to you your fully executed counterpart. A new resolution will not be needed since the original agreement contained the correct rental amount. / Yours very truly, Valerie W. Sc -. Coe. is 0. ) Hello