HomeMy WebLinkAbout850572.tiff RESOLUTION
RE: ASSIGNMENT OF LEASE FOR CERTAIN PROPERTY IN AULT, COLORADO,
FROM BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY TO 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 leased certain property in Ault, Colorado, by lease dated
February 15 , 1974 , from the Union Pacific Railroad Company for a
term of ten (10) years commencing December 1 , 1983 , unless sooner
terminated unless 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, the Board of County Commissioners of the County of
Weld desires to assign all of the right, title, and interest in
and to said lease to Highland Feeders, Inc. , with the consent of
the Union Pacific Railroad Company.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the assignment of
said lease is hereby accepted and the Chairman is authorized to
sign the assignment which is attached hereto and is made a part
hereof by reference.
8 50 57 2
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PAGE 2
RE: ASSIGNMENT - HIGHLAND FEEDERS, INC. , LEASE
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 , nunc pro tunc June 19 , 1985.
� (�n.� � BOARD OF COUNTY COMMISSIONERS
ATTEST: I WELD COUNTY, COLORADO
Weld County C rk and Recorder FxongFr)
and Clerk to the_ Bcyrd Ja eline Johnson, Chairman
By: /XJ/!/
Deputy chanty rk Gene . Brantn -Tem
APPROVE AS T •
County Attorney
ac
Fra amagu t
UNION UNION PLJFIC
PACIF
IMO SYSTEM
Union Pacific Railroad 1416 DODGE STREET
Missouri Pacific Railroad OMAHA,NEBRASKA 68179
C.O.DURHAM
DIRECTOR-REAL ESTATE
D.D.BROWN EASTERN DISTRICT R.F. NIEHAUS WESTERN DISTRICT NORTHWESTERN DISTRICT
ASST.DIRECTOR-REAL ESTATE
DIRECTOR-SYSTEM PROJECTS DISTRICT REAL ESTATE DIRECTOR DISTRICT REAL ESTATE DIRECTOR DISTRICT REAL ESTATE DIRECTOR
AND PROPERTY MANAGEMENT
R.D.RICE D. H.LIGHTWINE M.A.PASSO A.O.MEYER
MANAGER-SYSTEM PROJECTS REAL ESTATE AGENTS REAL ESTATE AGENTS REAL ESTATE AGENTS
L.L.DOLL R.J.ZADINA D.R. RECHTENBACH F.B.SHARAR
MANAGER-REAL ESTATE ENGINEERING T.J.STENSTROM W.T.GALLO P.G.FARRELL
R.W.CHRISTENSEN M.S.SCHULTE D.R.LEWIS W.L. LOFFER
REAL ESTATE AGENT P. L.WHITE J. E.MATZA
G.B.COLLINS
MANAGER-TITLES&CONVEYANCES
October 8, 1985
157-37
WELD COUNTY COR;n'f"sJONrp,
County of Weld 419$5
1
P.O. Box 758 OCT
Greeley, Colorado 80632 , J
Gentlemen: :
Herewith fully executed copy of Assignment from the
County of Weld to Highland Feeders , Inc . , and Consent to Sublease
from Highland Feeders , Inc. to the County of Weld, signed in
connection with the Railroad Company' s right of way at Ault ,
Colorado, covered by lease OMA-2027 .
Very truly urs ,
Attach.
CC: Highland Feeders , Inc .
P.O. Box 366
Ault , Colorado 80610
•
awn COMMA .-,.usaonS COPY
FORM 2210
ASSIGNMENT
This Assignment to be attached to Agreement:
Audit No. OMA-2027 Folder No. 157-37
Between UNION PACIFIC RAILROAD COMPANY (Lessor) and COUNTY OF WELD, STATE OF
COLORADO (Lessee)
Present Assignee -
Covering road equipment maintenance shops
Location - Ault, Weld County, Colorado
Dated: Feb. 15 , 1974 Eff. Date : Dec . 1 , 1973 Orig. Exp . : Nov. 30 , 1983
Expiration (by latest extension) November 30 , 1988
THIS AGREEMENT, made and entered into this 19th day of June , 1985 , by
and between COUNTY OF WELD, STATE OF COLORADO, of P.O. Box 758 , Greeley,
Colorado 80632 (hereinafter called "Assignor" ) , party of the first part ,
HIGHLAND FEEDERS , INC. , a corporation of the State of Colorado, of P .O. Box
366, Ault , Colorado 80610 (hereinafter called "Assignee") , party of the
second part , and UNION PACIFIC RAILROAD COMPANY , a corporation of the State
of Utah, (hereinafter called "Company" ) , party of the third part,
WITNESSETH:
It is mutually covenanted and agreed by and between the parties hereto
as follows:
Section 1 . The Assignor, for a valuable consideration, does hereby
sell , assign, transfer and set over to the Assignee all of the Assignor' s
right, title and interest in and to the agreement above described .
Section 2. The Assignee hereby accepts the above ass*gnment and agrees
to be bound by and to perform and observe fully and faithfuLly all of the
covenants , stipulations and conditions contained in said agreement to be
performed and observed by the Assignor and assumes all liabilities mentioned
in said agreement to be assumed by the Assignor.
Section 3 . The Company , in consideration of the covenants and
agreements of the Assignor and the Assignee herein contained, gives its
consent to the aforesaid assignment; PROVIDED, however, that such consent
shall not be deemed or construed to authorize any further assignment of said
agreement , whether voluntary, by operation of law, or otherwise without the
consent in writing of the Company thereto first had and obtained; and
PROVIDED, FURTHER, that , as between the Assignor and the Company, neither
said assignment nor anything herein contained shall be construed as releasing
the Assignor, in the event of default by the Assignee , from the obligation to
perform all of the covenants contained in said agreement to be performed by
the Assignor, or from any of the liabilities assumed by the Assignor under
said agreement.
Section 4. This agreement shall be considered as taking effect as of
the 1st day of December, 1984.
Section 5 . In further consideration of the consent of the Company, the
Assignee shall pay to the Company the sum of ONE HUNDRED DOLLARS ($100.00)
upon the execution and delivery of this instrument.
Witness : UNION PACIFIC RAILR COMPANY
By `^
Director-Real Estate
Witness : �yy� _ n �u COUNTY OF WELD
r iR.t-(J t�.w�n STATE OF COLORADO
X �i� Ce / I' X rofem Cha an of the Board
Witness : HIGHLAND FEEDERS , INC.
X �� e « X // ,��'t`�
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