HomeMy WebLinkAbout850369.tiff RESOLUTION
RE: APPROVE SUPPLEMENTAL AGREEMENT BETWEEN WELD COUNTY, COLORADO,
AND UNION PACIFIC RAILROAD COMPANY AND 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, the Board has been presented with a Supplemental
Agreement, amending Lease Agreement OMA-2355 , which covers a
portion of right-of-way being used for a maintenance shed at Fort
Lupton, Colorado, said Lease Agreement between Weld County and the
Union Pacific Railroad Company having been entered into on
October 23 , 1974 , and
WHEREAS, the rental rate under said Supplemental Agreement
shall be $438 .00 per year, with the further terms and conditions
being as stated in the Agreement, a copy of which is attached
hereto and incorporated herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Supplemental Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Supplemental
Agreement between Weld County and the Union Pacific Railroad
Company be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Supplemental Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 20th day of
February, A.D. , 1985 .
y, BOARD OF COUNTY COMMISSIONERS
ATTEST: -fti `'J� ,.i WELD COUNTY, OLORADO
Weld County Clerk and Recorder
and Clerk to the Board J u ine Jo on, Chairman
B � y�,,�,J Gene R.
D puty County erk
APPROVED AS TO FORM: C.W. IC
C---- --1/4— .W"-----" G:r ,. «, �a
County Attorney
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AUDIT NO. OMA-2351
%THIS SUPPLEMENTAL AGREEMENT, made and entered into as of the 10th day of
October, 1984, by and between UNION PACIFIC RAILROAD COMPANY, a corporation of the
State of Utah (hereinafter called "Lessor") , and WELD COUNTY , STATE OF COLORADO
(hereinafter called "Lessee") , WITNESSETH:
RECITALS
Under date of October 23, 1974, the parties hereto entered into an agreement (hereinafter
called "Original Agreement") , identitied in the records of the Lessor as its OMA-2355,
covering the lease of a portion of the Lessor's premises at Fort Lupton, Weld County,
Colorado, for a term of five (5) years commencing November 1 , 1974, and extending to and
including October 31 , 1979 such leased premises being used as a site for a maintenance
shed.
The Original Agreement has been extended to and including October 31 , 1984.
The Lessor has developed a new standard lease form for use with its tenants on a system-
wide basis. The parties hereto now desire to amend the Original Agreement to provide for
the extension of the term of the Original Agreement and for the incorporation of the terms
and conditions of the new lease form, which is attached hereto marked Exhibit B and
hereby made a part hereof.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:
Section 1 . Effective as of November 1 , 1984, Sections 1 through 19 of the Original
Agreement shall be and hereby are deleted and expunged from the effect and operation of
the Original Agreement, and Exhibit B shall be and hereby is substituted for such Sections
1 through 19 of the Original Agreement; it being understood and agreed, however, that the
plat attached to and made a part of the Original Agreement, identified as Exhibit A, dated
September 12, 1974, and showing the leased premises, shall remain under the effect and
operation of the Original Agreement.
Section 2. This agreement is supplemental to the Original Agreement, and nothing herein
contained shall be construed as amending or modifying the same, except as herein specifi-
cally provided.
IN WITNESS WHEREOF, the parties hereto have executed this supplemental agreement in
duplicate as of the date first herein written.
Witness: UNION PACIFIC RAILROAD COMPANY
By
Director-Real Estate
.. ... .. ,......� Hers
WELD COUNTY , STATE OF COLORADO
ATTEST:
WELD COUNTY CLERK AND RECORDER By a,�. ` \� ►►� �..�
AND CLERK TO THE LOA RD C .air an, = .ar• oS' ounty ommissioners
epur County Clerk 44"- (159-062)
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RESOLUTION
WHEREAS , UNION PACIFIC RAILROAD COMPANY , has tendered to
COLORADO , an agreement , the term of that certain
1974 , whereby the Railroad Company leased lWELD COUNTY , at Fort
to oaWe dated CO October COLORADO ,3 , portion of its property
WELD COUNTY , a
Lupton, Colorado , for a maintenance shed.
WHEREAS , the Board of County Commissioners of Weld
County , Colorado has said proposed agreement before 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 BYTHE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY , COLORADO.
That
of the agreement submitted by Union
Pacific Railroad C Railroad
Company e terms any as aforesaid be Colorado ;
the same are hereby ,
do ;
accepted in behalf of said Weld County , Commissioners
oCo and y directed Commissioners
to
That the Chairman of the Board of County
is hereby authorized , empoweredadd that the
of said e County agreement on behalf of said County
County excuye said k is hereby authorized and direcdtof
attet said Clik of emsaen County
attest agreement and to attofhthis each
Res duplicate original
said agreement a certified copy
STATE OF COLORADO )ss
COUNTY OF WELD County Clerk of the
I hereby certify that the above
County of Weld , State of Colorado , a resolution
abo
and foregoing is a true , full and correct copy
adopted by the Board of County Commissioners of the County of
Weld, State of Colorat a meeting held according to law at
o do ,
___________ day of
as the same appears on file and of record in this office .
hand IN TESTIMONY WHEREOF , I have hereunto set my and
affixed the corporate seal of said County this
day of ,
19
County Clerk of the County of
Weld , State of Colorado
EXHIBIT "B"
Lease / Term
Location / Use Section 1 . The Lessor, for and in consideration of the
covenants and payments hereinafter mentioned to be performed and
made by the Lessee, hereby agrees to lease and let and does here-
by lease and let unto the Lessee for a term of one year beginning
on the 1st day of November, 1984, the portion of the premises of
the Lessor (hereinafter the "Premises") at Fort Lupton, Weld
County, Colorado, shown on the plat, or described in the
description, or both, hereto attached and hereby made a part
hereof, such Premises to be used only for the purpose of a
maintenance shed.
Renewal Thereafter, so long as neither party is in default, this Lease
will renew itself without further documentation from year to year
until terminated as provided in Section 16 herein. Each renewal
term will be upon the same terms and conditions set forth herein,
including, without limitation, the Lessor's right to reevaluate the
rental as hereinafter provided.
Improvements It is agreed that no improvements placed upon the Premises by
the Lessee shall become a part of the realty.
Water Rights The Lessee acknowledges that this Lease does not grant,
convey or transfer any right to the use of water under any water
right owned or claimed by the Lessor which may be appurtenant to
or otherwise associated with the Premises, and that all right, title,
and interest in and to such water is expressly reserved unto the
Lessor, its successors and assigns, and that the right to use same
or any part thereof may be obtained only by the prior written con-
sent of the Lessor.
This Lease is made without covenant of title or to give posses-
sion or for quiet enjoyment.
Rental Section 2. The Lessee shall pay to the Lessor for the use of
the Premises, rental at the rate of
FOUR HUNDRED THIRTY-EIGHT DOLLARS ($438.00) per annum
payable annually in advance for each and every year during the
term of this Lease, or any renewal thereof, subject to reevaluation,
as hereinafter provided.
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Rental Reevaluation The Lessor may annually reevaluate the rental base upon which
the above rental is computed. In the event the Lessor shall deter-
mine that the rental paid is no longer representative of a fair mar-
ket value rental, the Lessor may adjust the rental and shall advise
the Lessee by written notice of such change. Such written notice
shall be served at least thirty (30) days prior to the effective date
of the new rental, it being understood however that rental adjust-
ments shall not be made more often than once every twelve months.
Utilities The Lessee shall arrange, secure, and be responsible for all
water, gas, heat, electricity, power, sewer, telephone, and any
and all other utilities and services supplied and/or furnished to the
•
Premises in connection with the use of the Premises by the Lessee
as hereinafter provided, together with any and all taxes and/or
assessments applicable thereto.
In the event such utilities and services are not separately me-
tered to Lessee, Lessee shall pay a reasonable proportion of the
cost of such utilities and services, to be determined by the Lessor,
of all charges jointly metered with other portions of the Lessor's
property.
It is understood and agreed that none of the above utilities or
services may be installed upon the Premises without first securing
the written consent and approval for such installation and the loca-
tion thereof by the Lessor's Chief Engineer.
Taxes The Lessee further agrees to pay, before the same shall
become delinquent, all taxes levied during the life of this Lease
upon the Premises and upon any buildings and improvements there-
on, or to reimburse the Lessor for sums paid by the Lessor for
such taxes, except taxes levied upon the Premises as a component
part of the railroad property of the Lessor in the state as a whole.
Assessments If, during the life of this Lease, any street or other
improvement, whether consisting of new construction, maintenance,
repairs, renewals, or reconstruction, shall be made, the whole or
any portion of the cost of which is assessed against or is fairly
assignable to the Premises, the Lessee agrees to pay in addition to
the other payments herein provided for:
(a) Ten and one-half percent (10A) per annum on the amount
so assessed against or assignable to the Premises when
expenditures by the Lessor for such improvements are
properly chargeable to capital account under accounting
rules of the Interstate Commerce Commission current at
the time; and
(b) the entire amount so assessed against or assignable to the
Premises when expenditures for such improvements are
not properly chargeable to capital account under said
accounting rules.
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Use of Premises
Abandonment Section 3. The Lessee covenants that the Premises shall not be
used for any other purpose than for such use specified in Section 1
hereof and agrees that if the Lessee abandons the Premises, the
Lessor may enter upon and take possession of the same, and that a
non-user for the purpose mentioned continuing for thirty days shall
be sufficient and conclusive evidence of such abandonment.
Lessee Not To
Sublet or Assign Section 4. The Lessee agrees not to let or sublet the Premises,
in whole or in part, or to assign this Lease without the consent in
writing of the Lessor, and it is agreed that any transfer or assign-
ment of this Lease, whether voluntary, by operation of law or oth-
erwise, without such consent in writing, shall be absolutely void
and, at the option of the Lessor, shall terminate this Lease.
Use for Unlawful
Purposes Prohibited-
Indemnity Section 5. It is especially covenanted and agreed that the use
of the Premises or any part thereof for any unlawful or immoral
purposes whatsoever is expressly prohibited; that the Lessee shall
indemnify, hold harmless and defend the Lessor and the Premises
from any and all liens, fines, damages, penalties, forfeitures or
judgments in any manner accruing by reason of the use or occupa-
tion of the Premises by the Lessee; and that the Lessee shall at all
times protect the Lessor and the Premises from all injury, damage,
or loss by reason of the occupation of the Premises by the Lessee
or from any cause whatsoever growing out of the Lessee's use
thereof.
Care of Premises and
Improvements Section 6. The Lessee hereby covenants and agrees that any
and all buildings erected upon the Premises shall be painted by the
Lessee a color satisfactory to the Lessor, and shall at all times be
kept in good repair; that the roof of each building shall be of
fire-resistive material; that the Premises shall during the continu-
ance of this Lease be kept by the Lessee in a neat and tidy condi-
tion and free from all material which would tend to increase the risk
of fire or give the Premises an untidy appearance; that none of the
buildings or other structures erected on the Premises shall be used
for displaying any signs or advertisements other than signs as may
be connected with the business of the Lessee, and that such signs
shall be neat, properly maintained and subject to approval of the
Lessor. In the event any building or other improvement not be-
longing to the Lessor on the Premises is damaged or destroyed by
fire, storm, or other casualty, the Lessee shall, within thirty days
after such happening, remove all debris and rubbish resulting
therefrom; and if the Lessee fails to do so, the Lessor may enter
the Premises and remove such debris and rubbish, and the Lessee
agrees to reimburse the Lessor, within thirty days after bill ren-
dered, for the expense so incurred.
Liens-Indemnity Section 7. The Lessee shall, when due and before any lien
shall attach to the Premises, if the same may lawfully be asserted,
pay all charges for water, gas, light, and power furnished; rental
or use of sewer facilities serving the Premises; pay for all material
joined or affixed to the Premises; pay for all taxes and
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assessments; and shall pay in full all persons who perform labor
upon the Premises, and shall not permit or suffer any mechanic's or
materialman's or other lien of any kind or nature to be enforced
against the 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, hold harmless, and defend, the
Lessor and its property against and from 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 or other things furnished.
Superior Rights Section 8. This lease is made subject to all outstanding
superior rights, including, but not limited to, rights of way for
highways, pipelines, and for power and communications lines, and
the right of the Lessor to renew such outstanding rights and to
extend the term thereof.
Clearances Section 9. Detailed plans for all buildings, platforms, loading
or unloading devices, structure and all alterations, improvements
and/or additions thereto and/or upon the Premises which the Lessee
shall desire to make, shall be presented to Lessor for consent in
written form prior to installation upon the Premises. If the Lessor
shall give its consent, the consent shall be deemed conditioned upon
Lessee acquiring a permit to do such work from appropriate govern-
mental agencies, the furnishing of a copy thereof to Lessor prior to
the commencement of the work and the compliance by Lessee of all
conditions of said permit in a prompt and expeditious manner.
All buildings, platforms, loading or unloading devices, struc-
tures, and/or material or obstruction of any kind erected, main-
tained, placed, piled, stacked, or maintained upon the Premises
after the commencement of this Lease and any alterations, improve-
ments, and/or additions thereto or to buildings, platforms, loading
or unloading devices structures located on the Premises prior to the
commencement of this Lease shall be constructed, operated, main-
tained, repaired, renewed, modified and/or reconstructed by the
Lessee in strict conformity with Union Pacific Railroad Company's
Standard Minimum Clearances for All New Structures and Facilities
Along Industry Tracks, as in effect at the time of the placement,
construction, operation, maintenance, repair, renewal, modification
or reconstruction.
Buildings, platforms, loading or unloading devices, structures
and/or material or obstruction of any kind located upon the Premis-
es which are in place at the time the Lessee takes possession of the
Premises or which were constructed, placed, piled, stored, stacked,
or maintained upon the Premises with the express consent of the
Lessor under the terms of a previous lease between Lessor and Les-
see, but which are not in conformity with Union Pacific Railroad
Company's Standard Minimum Clearances, shall be considered per-
mitted for the purposes of this Section.
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Compliance with such standards shall not relieve Lessee from
the Obligation to fully comply with the requirements of any federal ,
state, or municipal law or regulation; it being understood and
agreed that Union Pacific Railroad Company's Standard Minimum
Clearances are in addition to and supplemental of, any and all re-
quirements imposed by applicable law or regulation and shall be
complied with unless to do so would cause Lessee to violate an ap-
plicable law or regulation.
Lessor shall consider requests of the Lessee to impair clear-
ances which are necessitated by the operational requirements of the
Lessee, but Lessor shall not be obligated to consent to any impair-
ment. Any necessary permission to impair clearances to which the
Lessor has consented must be secured by the Lessee at its own
expense, in advance of any impairment; and Lessee shall comply
promptly and strictly with all requirements or orders issued by
appropriate state or other public authority relating to such
impairments.
Lessee assumes the risk of and shall indemnify, hold harmless,
and defend the Lessor, its officers, agents, and employees, against
and from all injury or death to persons or loss or damage to prop-
erty of the parties hereto and their employees and agents and to
the person or property of any other person or corporation resulting
from the Lessee's noncompliance with the provision of this Section
9, or resulting directly or indirectly from any impairment of the
clearances described in this Section 9, whether the Lessor had no-
tice thereof or consented thereto, or whether authorized by applica-
ble state or other public authority pursuant hereto, or existing
without compliance with the provisions of this Section 9.
Any knowledge on the part of the Lessor of a violation of the
clearance requirements of this Lease, whether such knowledge is
actual or implied, shall not constitute a waiver and shall not relieve
the Lessee of its obligation to indemnify and defend the Lessor, its
officers, agents, and employees, for losses and claims resulting
from such violation. However, the terms of this Section shall not
apply to losses resulting from impairments or facilities created or
constructed by the Lessor that will not benefit the Lessee.
Explosives and
Inflammables Section 10. It is further agreed that no gunpowder, gasoline,
dynamite, or other explosives or flammable or hazardous materials
shall be stored or kept upon the Premises. Nothing herein con-
tained, however, shall prevent the storage of those hazardous com-
modities, if any, specified in Section 1 , or oil or gasoline where
same are to be used, as indicated by Section 1 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 Les-
see on the Premises, and are stored in quantities reasonable for
such purposes; PROVIDED, however, that in all of such excepted
cases, the Lessee shall store such commodities no closer than fifty
(50) feet from the center line of any main track and strictly comply
with all statutory and municipal regulations relating to the storage
of such commodities.
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No Construction by
Lessee Over or Under
Tracks Section 11 . The Lessee shall not locate or permit the location
or erection of any poles upon the Premises, nor any beams, pipes,
wires, structures or other obstruction over or under any tracks of
the Lessor without the written consent of the Lessor.
Liability of Lessee
for Breach Section 12. The Lessee shall be liable for and shall defend
against any and all injury or death of persons or loss of or damage
to property, of whatsoever nature or kind, arising out of or con-
tributed to by any breach in whole or in part of any covenant of
this Lease.
Fire Damage
Release Section 13. It is understood by the parties hereto that the
Premises are in dangerous proximity to the tracks of the Lessor,
and that by reason thereof there will be constant danger of injury
and damage by fire, and the Lessee accepts this Lease subject to
such danger.
It is therefore agreed, as one of the material considerations
for this Lease and without which the same would not be granted by
the Lessor, that the Lessee assume all risk of loss or destruction of
or damage to buildings or contents on the Premises, and of or to
other property brought thereon by the Lessee or by any other per-
son with the knowledge or consent of the Lessee, and of or to
property in proximity to the Premises when connected with or inci-
dental to the occupation thereof, and any incidental loss or injury
to the business of the Lessee, where such loss, damage, destruc-
tion, injury, or death of persons is occasioned by fire caused by,
or resulting from, the operation of the railroad of the Lessor,
whether such fire be the result of defective engines, or of negli-
gence on the part of the Lessor or of negligence or misconduct on
the part of any officer, servant or employee of the Lessor, or oth-
erwise, and the Lessee hereby agrees to indemnify and hold harm-
less and defend the Lessor, its officers, servants, and/or
employees, against and from all liability, causes of action, claims,
or demands which any person may hereafter asset, have, claim, or
claim to have, arising out of or by reason of any such loss, dam-
age, destruction, injury, or death of persons including any claim,
cause of action or demand which any insurer of such buildings or
other property may at any time assert, or undertake to assert,
against the Lessor, its officers, servants and/or employees.
Water Damage
Release Section 14. The Lessee hereby releases the Lessor, its
officers, servants, and/or employees, from all liability for damage
by water to the Premises or to property thereon belonging to or in
the custody or control of the Lessee, including buildings and con-
tents, regardless of whether such damage be caused or contributed
by the position, location, construction or condition of the railroad,
roadbed, tracks, bridges, dikes, ditches or other structures of the
Lessor.
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Termination on
Default Section 15. It is further agreed that the breach of any
covenant, stipulation or condition herein contained to be kept and
performed by the Lessee, shall, at the option of the Lessor, forth-
with work a termination of this Lease, and all rights of the Lessee
hereunder; that no notice of such termination or declaration of for-
feiture shall be required, and the Lessor may at once re-enter upon
the Premises and repossess itself thereof and remove all persons
therefrom or may resort to an action of forcible/unlawful entry and
detainer, or any other action to recover the same. A waiver by
the Lessor of the breach by the Lessee of any covenant or condi-
tion of this Lease shall not impair the right of the Lessor to avail
• itself of any subsequent breach thereof.
Termination by "This lease may be terminated by written notice
Notice given by either the lessor or the lessee to the
other party on any date in such notice stated, not
less, however than 30 days subsequent to the date
on which such notice shall be given. Said notice
may be given to the lessee by serving the lessee
by mailing, postage prepaid, to the Clerk of the
Board of County Commissioners of Weld County,
P.O. Box 758, Greeley, Colorado 80632. Notice may
be given to the lessor by mailing, postage pre-
paid, to the office of the Director of Real
Estate, Room 306, 1416 Dodge Street, Omaha,
Vacation of Premises Nebraska 68179. Upon such termination and vaca-
Removal of Lessee's tion of the premises by the lessee, the lessor
Property shall refund to the lessee on a pro rata basis,
any unearned rental paid in advance. "
tion or termination date of this Lease, the Lessee shall (a) remove
from the Premises, at the expense of the Lessee, all structures and
other property not belonging to the Lessor; and (b) restore the
surface of the ground to as good condition as the same was in be-
fore such structures were erected, including, without limiting the
generality of the foregoing, the removal of foundations of such
structures, the filling in of all excavations and pits and the removal
of all debris and rubbish, all at the Lessee's expense, failing in
which the Lessor may perform the work and the Lessee shall reim-
burse the Lessor for the cost thereof within thirty (30) days after
bill rendered.
In the case of the Lessee's failure to remove such structures
and other property, the same, at the option of the Lessor, shall
upon the expiration of thirty (30) days after the termination of this
Lease, become and thereafter remain the property of the Les-
sor; and if within one (1) year after the expiration of such
thirty-day period the Lessor elects to and does remove, or cause to
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(
be removed, said structures and other property from the Premises
and the market value thereof or of the material therefrom on remov-
al does not equal the cost of such removal plus the cost of restor-
ing the surface of the ground as aforesaid, then the Lessee shall
reimburse the Lessor for the deficit within thirty (30) days after
bill rendered.
Successors
And Assigns Section 18. Subject to the provisions of Section 4 hereof, this
Lease shall be binding upon and inure to the benefit of the parties
hereto and their heirs, executors, administrators, successors and
assigns.
Special Provisions Section 19.
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PUNIONC UNION PACIFIC
ACIFI
111111 SYSTEM
Union Pacific Railroad 1416 DODGE STREET
OMAHA, NEBRASKA 68179
Missouri Pacific Railroad
C.O.DURHAM
DIRECTOR-REAL ESTATE
EASTERN DISTRICT R.E NIEHAUS SOUTH-CENTRAL DISTRICT NORTHWESTERN DISTRICT
D.D.BROWN ASST.DIRECTOR-REAL ESTATE DISTRICT REAL ESTATE DIRECTOR DISTRICT REAL ESTATE DIRECTOR
DIRECTOR-SYSTEM PROJECTS DISTRICT REAL ESTATE DIRECTOR A.O.MEYER
AND PROPERTY MANAGEMENT D. H.LIG HTWINE M.A. PASSO
R.D.RICE REAL ESTATE AGENTS REAL ESTATE AGENTS REAL ESTATE AGENTS
MANAGER-SYSTEM PROJECTS R.J.ZADINA D. R.RECHTENBACH R B.SHARAR
L L DOLL W.T.GALLO P.G.FARRELL
MANAGER-REAL ESTATE ENGINEERING T.M.JS STENSTROM
D. R.LEWIS W. L.LOFFER
R.REAL ESTATE
AGENTN
P.L.WHITE J. E.MATZA
ESTATE AGENT
G.B.COLLINS
MANAGER-TITLES 6 CONVEYANCES
February 6, 1985
159-62
Mr. L. D. Morrison
Assistant County Attorney
Office of County Attorney
P. 0. Box 1948
Greeley, Colorado 80632
Dear Mr. Morrison:
This refers to your letter of November 2 , 1984, concern-
ing Union Pacific Railroad lease 0MA-2355 covering use of site for
a maintenance shed at Ft. Lupton, Colorado.
Your request has been reviewed by our Law Department and
found to be satisfactory. I have attached herewith revised copies
of the Supplement Agreement for your review and signature. 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 .
Very truly yours ,
r• T r-._ _.. I
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. 5
.ATT.;
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