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HomeMy WebLinkAbout820330.tiff RESOLUTION RE: ACCEPTANCE OF NEW LEASE RATE FOR PROPERTY IN LUCERNE, COLORADO USED BY WELD COUNTY FOR ROAD EQUIPMENT MAINTENANCE SHOP 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 utilizes property in Lucerne, Colorado for road equipment maintenance shops, said property owned by Union Pacific Railroad Company, and WHEREAS, effective July 10, 1981, the rental for said property was increased to $270 . 00 per annum for the next five- year period, and WHEREAS, the Board of County Commissioners of Weld County, Colorado deems it in the best interests of Weld County to accept the increased lease rate for said property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado that the increased lease rate to $270. 00 per annum for property owned by Union Pacific Railroad Company and used by Weld County for road equipment maintenance shops in Lucerne, Colorado, be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A. D. , 1982. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, )COLORADO S'�hn T. Mart<Gin, Chairman C uck Carlson, Pro Tem &-444"-- ATTEST: Norman Carlson , WELD COUNTY CLERK AND RECORDER Lam/ ANITtJ,ERK TO THE BOARD Kirby / gyp�, BY Deputy _x ik U-1_r c. _ may /�x�� /GG Y�77GL '7 Deputy County k e K. Steinmark A PROVEQ As TO FORM: 'County Attorney DATE PRESENTED: February 1, 1982 E boon 020330 LHR 130 u• vr - Vi. 0i;itiiNAL - LESSEE'S COPY Form 2214 RENEWAL RIDER A-86702 Land Dept. No. M-54322 To be attached to agreement Audit No. _ To No Na _ Between UNION PACIFIC RAILROAD COMPANY and COUNTY OF WELD, STATE OF COLORADO Present Assignee (if any) - - - Covering lease of site for equipment shed. Lucerne, Weld County, Colorado Location Dated July 19, 1961 Effective Date July 10, 1961 Expiration (Original) July 9, 1966 Expiration (by latest extension) July 9, 1981 IT IS HEREBY MUTUALLY AGREED by and between the present parties to the above-named agreement that said agreement, which by this reference is made a�a herf , 01 pf, is hereby adated by said parties as their agree- ment for a term beginning ___ -__y vv, , 19 , and extending to and including July 9, , 198-6 - and that all the terms and conditions of said agreement, as heretofore or herein supplemented and/or amended, 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: said agreement with the supplements and/or amendments (if any) to be subject to termination prior to the expiration of the term herein named in the same manner as is provided therein for termination prior to the expiration of the term thereof. Special Provi ons: Effective Jul', 10 1981 the Lessee shall pay to the Lessor rental at the rate of Two Hundred Seventy Dollars ($270.00) per annum, payable annually in advance, in lieu of the rental heretofore stipulated. Effective as of July 10, 1981, the provisions contained on the sheet hereto attached shall be, and hereby are, included under Section 3 of the above-named agreement. Effective July 10, 1981, the purpose as set out in Section 3 of said lease agreement shall be changed to read as follows : "The Lessee covenants that the leased premises shall not be used for any other purpose than for equipment stied, ig9luding storage of diesel fuel and lube oil. Dated - January .4 , 19 Made in duplicate. * See beck. Witness: Q / UNION PACIFIC RAILROAD COMPANY �/✓ ���i By //// General Manager COUNTY OF WELD, STATE OF COLORADO Witness: Bys ��1�, Attest : C irman, Board of County Commissioners County Clerk 7 ( y - (Affix Seal) $270.00 Yr. U M-34590 * Effective as of July 10, 1981 , Section 12 of the above- named agreement shall he and hereby is deleted and expunged . RESOLUTION WHEREAS, the UNION PACIFIC RAILROAD COMPANY has tendered to the COUNTY OF WELD, STATE OF COLORADO, an agreement extending to and including July 9 , 1986 , the term of lease dated July 19, 1961, covering a portion of the right of way of the Railroad Company to be used for an equipment shed at Lucerne, Colorado, said lease being identified as L.D. No. M-54322 , Aud. No. A-86702 ; and WHEREAS , the Board of County Commissioners of Weld County, 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 COUNTY , 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 Feuerstein , 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 , on the 27th day of January , 1982 , 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 this 27th day of January , 1982 Res (Seal) , •" , Cnty County Clerk of the County of Weld , State of Colorado The Lessee, at the Lessee's own sole cost and expense, shall provide to the Lessor a Certificate of Insurance certifying to the effectiveness of insurance as follows: General Public Liability providing bodily injury and property damage coverage with combined single limit of at least $1,000,000 each occurrence, a portion of which may be self-insured with the consent and approval of the Lessor. Such insurance shall be endorsed to provide contractual liability assumed by the Lessee under this agreement and that coverage shall not be cancelled or changed without giving thirty days' prior written notice to Lessor, c/o Manager-Insurance, 1416 Dodge Street, Omaha, Nebraska 68179. UNION PACIFIC RAILROAD COMPANY REAL ESTATE DEPARTMENT A. O. MEYER ANION 1416 DODGE STREET DISTRICT REAL ESTATE DIRECTOR PACIFIC OMAHA, NEBRASKA 68179 111111 M-34590 March 9, 1982 WELD COUNTY COWMJSS!ONFR1 Mr. Chuck Carlson ! Office of Board of " I 1 1992 I County Commissioners P.O. Box 758 aREELF,L GOLCL Greeley, Colorado 80632 Dear Mr. Carlson: Herewith your copy of agreement which was recently signed in connection with Railroad Company' s right of way. Please note that this agreement contains an insurance provision, and you should forward the required Insurance Certificate to : Mr. R. W. Redick Manager - Insurance Union Pacific Railroad Company Room 606 1416 Dodge St. , Omaha, Nebr. 68179 Very truly yours , Encl. MD col EI)MVSSIpNEA6 UNION PACIFIC RAILROAD COMPANY p FM If-- REAL ESTATE DEPARTMENT a I !of A.0. MEYER 1416 DODGE StREEY 1 DISTRICT REAL ESTATE DIRECTOR UN ON MAHA, F�ASKA 68179 VACIFIC I J7 ill MIDis Aimumasciiis January 18 , 1982 M-34590 Mr . Chuck Carlson Office of Board of County Commissioners P. O. Box 758 Greeley, Colorado 80631 Dear Mr. Carlson: This refers to lease LDM-54322 covering lease of site for an equipment shed in Lucerne, Colorado which expired by its own terms July 9 , 1981. Attached herewith is rider designed to extend this lease for a further term of five years. A recent review of land values in the vicinity of your lease site indicates that the present rental no longer represents a fair annual market rental; therefore, this rider also provides for a rental in- crease to be in line with present-day land values and other leases presently in effect in this area. Please execute all documents in the space provided and return both copies to me for similar action on behalf of the Railroad Company. When completed, a fully executed copy will be returned for your records. Please do not send any money at this time. To insure that rental payments are properly credited to your account, we prefer to have our Accounting Department handle the billing for annual rental. You will be contacted further in this re- gard at a later date. Very truly yours, #01,!%; 1!! jW-1 Attach. 72747 yy /Lx. ') ; UNION PACIFIC RAILROAD COMPANY REAL ESTATE DEPARTMENT A. O. MEYER iaie DODGE STREET owa < DISTRICT REAL ESTATE DIRECTOR UNION OMAHA, NEBRASKA 68179 v IVIII May 8, 1981 M-34590 Ms. Mary Ann Feuerstein County Clerk Office of Board of County Commissioners P. O. Box 758 Greeley, Colorado 80631 Dear Ms. Feuerstein: This refers to Railroad Company lease L.D. No. M-54322 in favor of County of Weld, State of Colorado covering site for equipment shed at Lucerne, Colorado. This lease is due to expire by its own terms July 9 , 1981. Please advise your intentions regarding extension of said lease on the attached carbon copy of this letter and return to me in order that I may submit your request to the various interested departments within the Railroad Company. It should be understood that the Railroad Company' s request for the above information should not be construed as a commitment or consent on behalf of the Railroad Company to extend the above lease. If you are handling hazardous commodities on the lease site you will be required to furnish evidence of $1 million insurance coverage providing for general public liability and property damage. Very truly yours, 9! ( Cepid - r Hello