HomeMy WebLinkAbout850571.tiff RESOLUTION
RE: AUTHORIZATION FOR CHAIRMAN TO SIGN AGREEMENT COVERING CONSENT
TO SUBLEASE CERTAIN PROPERTY FROM HIGHLAND FEEDERS, INC.
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 of County Commissioners of the County of
Weld, Colorado, by lease dated February 15 , 1974 , leased certain
property in Ault, Colorado, from the Union Pacific Railroad
Company, for a term of ten (10) years commencing December 1 , 1973,
unless sooner terminated as therein provided, to be used as a site
for road equipment maintenance shops, and
WHEREAS, by instrument dated November 11 , 1983 , said lease
was amended and the term thereof extended to, and including,
November 30 , 1988 , and
WHEREAS, by instrument dated June 19 , 1985 , the Board of
County Commissioners of the County of Weld assigned all of its
right, title, and interest in and to said lease to Highland
Feeders, Inc. , with the consent of the Union Pacific Railroad
Company, which is attached hereto and made a part hereof by
reference, and
WHEREAS, the Board of County Commissioners of the County of
Weld, desires to sublease from Highland Feeders, Inc. , the
property in Ault, Colorado, which is the subject of the original
lease dated February 15 , 1974 , and
WHEREAS, the Union Pacific Railroad Company has stated that
it will consent to said sublease according to the terms and
conditions which are set forth in the agreement concerning consent
to sublease, which is attached hereto and made a part hereof by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of Weld, Colorado, that the agreement
concerning consent to sublease certain property in Ault, Colorado,
is hereby accepted and the Chairman is hereby authorized to sign
said agreement.
850571
PAGE 2
RE: HIGHLAND FEEDERS SUBLEASE
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 17th day of
July, A. D. , 1985.
(�n� d BOARD OF COUNTY, COMMISSIONERS
ATTEST: \ WELD COUNTY, COLORADO
Weld County C erk and Recorder EXCUSED
and Clerk to the
Bo rd Jac eline Johnson, Chairman
By: % t ft iw �� S4o-Tern
Deput ount �rk ene R. Bra
R93jE ASEHMZ - �
County Attorney r
G
Frank Yamagu i
Th. ,JCT . C; 1;G!,N,1
SublesSS2's c,_:,tteroart
Consent to Sublease C.D. No. 50394-4
THIS, AGREEMENT, made and entered into as of the
r,26146day of 0� , 19,KS, by and between UNION PACIFIC
RAILROAD COMPAN a corporation of the State of Utah (here-
inafter the Lessor ) ; HIGHLAND FEEDERS, INC. , a corporation
of the State of Colorado, (hereinafter the Lessee) ; and
COUNTY OF WELD, State of Colorado, (hereinafter the Sub-
lessee) , WITNESSETH:
RECITALS:
By lease dated February 15, 1974, identified in
the records of the Lessor as Audit No. OMA-2027, the
Lessor leased to County of Weld, State of Colorado for
a term of 10 years commencing December 1, 1973, unless
sooner terminated as therein provided, certain premises
of the Lessor at Ault, Weld County, Colorado, shown
outlined by yellow lines on the plat dated November 20 ,
1973, thereto attached, to be used as a site for road
equipment maintenance shops.
By instrument dated November 11, 1983, the lease
has been amended and the term thereof extended to and
including November 30, 1988.
By instrument dated June 19 , 1985, County of Weld,
with the consent of the Lessor, assigned all of its
right , title, and interest in and to the lease to the
Lessee herein.
The lease dated February 15, 1974, amended,
extended and assigned as aforesaid, hereinafter is the
Basic Lease.
The Lessee desires to sublease to the Sublessee
the premises covered by the Basic Lease, and the Lessee
and the Sublessee desire the Lessor ' s consent to such
subleasing. The Lessor is willing to give such consent
on the following terms and conditions.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and
between the parties hereto as follows :
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Section 1. TERM; PURPOSE; OBLIGATIONS OF LESSEE AND
SUBLESSEE.
In consideration of the covenants and agreements
herein contained and subject to the terms and conditions
hereinafter set out, the Lessor hereby consents to the
leasing by the Lessee to the Sublessee of all or any portion
of the premises of the Lessor covered by the Basic Lease for
all or any part of the period commencing December 1, 1984,
and extending to and including November 29 , 1988, to be used
by the Sublessee for the purpose designated in the Basic
Lease, this consent being made subject to the following
teems and conditions:
(a) All of the covenants, terms, and conditions of the
Basic Lease shall continue, be, and remain in full
force and effect, and the Sublessee, with respect
thereto, covenants and agrees with the Lessee and
the Lessor jointly and severally to keep and per-
form the obligations of the Basic Lease on the
part of the Lessee to be kept and performed and to
be bound in the same manner as the Lessee by the
provisions contained in the Basic Lease, but
nothing herein contained shall be deemed to
release the Lessee from keeping and performing all
the terms, covenants, and conditions by the Lessee
to be kept and performed under the Basic Lease or
to release the Lessee from any of the Lessee' s
liabilities or obligations thereunder.
(b) The Lessee and the Sublessee shall be privileged
to make such further covenants between themselves
respecting the premises the subleasing of which is
contemplated herein as shall not be inconsistent
with the Basic Lease.
Section 2. PREPARATION FEE.
Upon the execution and delivery of this instrument
the Lessee shall pay to the Lessor the sum of one hundred
dollars ($100 .00) as a consideration of the preparation
hereof.
Section 3. NO FURTHER SUBLETTING OR ASSIGNMENT.
The parties hereto agree that nothing herein con-
tained shall be deemed or construed to authorize the Lessee
or the Sublessee further to let or sublet the leased
premises, or further to transfer or assign any interest in
the Basic Lease or sublease without the written consent of
the Lessor first had and obtained.
IN WITNESS WHEREOF, the parties hereto have caused
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this Agreement to be executed in triplicate as of the date
first herein written.
Witness: UNION PACIFIC RAILROAD COMPANY,
a9 By
Director - Real Estate
Attest: HIGHLAND FEEDERS, INC. ,
7. ems(SEAL) By till��G-1%'��`,�' ajelk-
�' Secretary `��� President
Attest: COUNT OF WELD, COLORADO,
WtyyerkProteinuntyrCom, ssaon os
County Commissioners
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