HomeMy WebLinkAbout850370.tiff RESOLUTION
RE: LEASE BETWEEN UNION PACIFIC RAILROAD COMPANY AND WELD COUNTY,
COLORADO, CONCERNING LUCERNE, FORT LUPTON, AND FREDERICK
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 October 1 , 1964 , leased certain
property in Lucerne, Fort Lupton, and Frederick, Weld County,
Colorado, from the Union Pacific Railroad Company for the term of
one (1) year commencing October 1 , 1984 , unless sooner terminated,
and
WHEREAS, so long as neither party is in default, said lease
will renew itself, without further documentation, from
year-to-year until terminated, and
WHEREAS, the three (3) properties in Lucerne, Fort Lupton,
and Frederick were previously contained under three separate
leases, and
WHEREAS, both parties, the Union Pacific Railroad Company and
the Board of County Commissioners of the County of Weld, are in
agreement to combine the three properties under one lease.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of Weld, Colorado, that the lease
concerning the properties in Lucerne, Fort Lupton, and Frederick,
Colorado, is hereby accepted and the Chairman is hereby authorized
to sign said lease.
650370
PAGE 2
RE: UNION PACIFIC LEASE - LUCERNE, FT. LUPTON, FREDERICK
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 October 1 , 1984 .
��� BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
%Weld County C erk and Recorder EXCUSED
and Clerk to the Boa d J�a�eli/nne Johnson, Chairman
By: // �f - _ U/ Al /6 AnS
Deputy1nty (� rk Gene R. Brantner, Pro-Tem
APPROVE AS TO g if
C. W. If
6 r9 � -,z
County Attorney
r acy
r
Frank Yam c 1
FORM 2209 DUPLIWTE ORIGINAL-LESSEES COPY
OMA-7318
206-48
LEASE
This Agreement made and entered into as of the 2nd day of
May, 1985, by and between UNION PACIFIC RAILROAD COMPANY,
a corporation of the State of Utah, (hereinafter called "Lessor") ,
party of the first part, and COUNTY OF WELD, STATE OF
COLORADO, of P. O. Box 758, Greeley, Colorado 80632 (hereinafter
called "Lessee") , party of the second part, WITNESSETH:
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 October, 1984, the portion of the premises of the,4 *G
Lessor (hereinafter the "Premises") at or near Lucerne, AM, Ft.
Lupton, and Frederick, Weld County, Colorado, shown on the plats,/
or described in the description, or both, hereto attached an
hereby made a part hereof, such Premises to be used only as a site
for warehouse and storage of road material and machinery,
maintenance shed, and storage of diesel fuel and lube oil.
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 r of MT Tee( E
EIGHTEEN DOLLARS ( ) per annum payable' annua y
advance for each and every year during the term of this Lease, o
any renewal thereof, subject to reevaluation, as hereinafter
provided.
1
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 (10}%) 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.
2
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
3
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.
4
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.
5
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.
6
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
Notice Section 16. This Lease may be terminated by written notice
given by either the Lessor or the Lessee to the other party on any
date in such notice stated, not less, however, than thirty (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 per-
sonally or by posting a copy thereof on the outside of any door in
any building upon the Premises or by mailing the same, postage
prepaid, to the Lessee at the last address known to the Lessor.
Said notice may be given to the Lessor by mailing the same, postage
prepaid to the office of the Director of Real Estate, Room 306,
1416 Dodge Street, Omaha, Nebraska, 68179. Upon such termina-
tion and vacation of the Premises by the Lessee, the Lessor shall
refund to the Lessee on a prorate basis, any unearned rental paid
in advance.
Vacation of Premises
Removal of Lessee's
Property Section 17. The Lessee covenants and agrees to vacate and
surrender the quiet- and peaceable possession of the Premises upon
the termination of this Lease howsoever. No later than the expira-
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
7
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. Special Provisions entitled "Flammable Liquids
(Storage - No Device)" and "Cancellation Clause" are attached
hereto and hereby made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease as of the day and year first herein written.
Witness: UNION PACIFIC RAILROAD COMPANY
By . ...ral—
afrital
Director-Real Estate
Witness: COUNTY OF WELD
QA„A4. $ rti STATE OF COLORADO
X X
Chairman, o-ardoonty Commissioners
Pro tem
Supersedes LD M-47064, A-73474, Division No. 10423. Same.
Cancels LDM-54322, A-86702. Same.
Cancels OMA-2027. Same.
Cancels OMA-2355. Same.
Cancels OMA-6218. Same.
RESOLUTION
WHEREAS , UNION PACIFIC RAILROAD COMPANY, has tendered
to the COUNTY OF WELD, STATE OF COLORADO, a lease covering a
parcel of ground on the Railroad Company' s right of way at
Lucerne , Ault , Ft . Lupton , and Frederick, Colorado , for a site
for warehouse and storage of road material and machinery,
maintenance sheds , and storage of diesel fuel and lube oil ; and
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 , 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 are hereby ,
accepted in behalf of said Weld County, Colorado;
That the Chairman of the Board of County Commissioners
is hereby authorized , empowered and directed to execute said
agreement on behalf of said County and that the County Clerk of
said County is hereby authorized and directed to attest said
agreement and to attach to each duplicate original of said agree-
ment a certified copy of this Resolution.
STATE OF COLORADO
) ss
COUNTY OF WELD
, 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 , Colorado , at a meeting held according to law at
on the day of
19 , as the same appears on file and of record in this office .
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the corporate seal of said County of Weld , this
day of , 19
County Clerk oT the County oT
Weld , State of Colorado
FLAMMABLE LIQUIDS (STORAGE-NO DEVICE)
A. The Lessee further 'covenants that in the use of
the leased premises for the purpose hereinbefore mentioned the
Lessee will comply with and abide by Department of Transportation
regulations as set out in 49 Code of Federal Regulations Parts
100-199 , as amended from time to time , and provisions contained in
the following circulars of the Bureau of Explosives , Association
of American Railroads , including any all amendments and supple-
ments thereto:
Circular No . 17 , dated March 30 , 1969 , entitled "RULES
AND RECOMMENDATIONS RELATING TO THE LOCATION OF LOADING
RACKS , UNLOADING POINTS , AND STORAGE FACILITIES FOR ANY
FLAMMABLE LIQUID WITH FLASH POINT BELOW 20°F (INCLUDING
GASOLINE , ETC. )" .
Circular No. 17-B , dated March 30 , 1969 , entitled "RULES
RELATING TO THE UNLOADING OF TANK CARS OF THE DOT-105A,
DOT-111A, DOT-112A AND DOT-114A TYPES CONTAINING LIQUEFIED PE NE)ORTROLEUM RAILROAD APROPERTY S EADJACENT OR ATHERET D THE LEASING
O FOR THISPURPOSE .
Circular No . 17-D , dated March 30 , 1969 , entitled
"RECOMMENDED PRACTICE FOR THE PREVENTION OF ELECTRIC SPARKS
THAT MAY OR FLAMMABLE SC MPRESE FIRE DSEDIGASESNG ETOR RS FROM FER ORAIL F AEQ EQUIPMMMABLE ENT LIQUIDS
AND
STORAGE TANKS" .
Circular No . 17-E , dated March 30 , 1969 , entitled
"RECOMMENDED PRACTICE FOR THE PREVENTION OF ELECTRIC SPARKS
THAT MAY CAUSE FIRES IN TANKS OR TANK CARS CONTAINING
FLAMMABLE LIQUIDS OR FLAMMABLE COMPRESSED GASES , DUE TO
PROXIMITY OF WIRE LINES" .
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 (30) days ' prior written notice to Lessor , c/o
Manager - Insurance , 1416 Dodge Street , Omaha , Nebraska
68179 .
B . The Lessee agrees that artificial lighting in pump
houses , warehouses , or other enclosures where oil or other
flammable liquids or gases are handled or stored on the leased
premises shall be by electricity , and the electric lighting system
and any other electrical installation on the leased premises
shall conform to and be maintained in accordance with the
provisions of the current edition of the National Electrical Code
with respect to Class I Hazardous Locations , and also in
accordance with requirements of any local ordinance , or state or
federal laws in effect during the term of this Lease .
C. The Lessee agrees that only non-metallic tape shall be
used for measuring the quantity of flammable liquid in storage
tanks whenever it may be necessary to measure the contents
thereof through any opening in the top of such tanks .
D. The Lessee agrees that whenever it shall be necessary to
drain flammable liquids through openings in the top of any
storage tank only a rubber or fabric covered hose properly
grounded with positive bond between couplings and of a type
approved by the Underwriters ' Laboratories , Inc , shall be used
for the purpose .
CANCELLATION CLAUSE
A. Effective upon the commencement of the term of the
Lease herein made , to wit , October 1 , 1984 , there shall be and
hereby are terminated those certain agreements between the parties
hereto dated July 19 , 1961 ; February 15 , 1974; October 23 , 1974;
and September 16 , 1982 , iden� in the records of the Lessor as
LDM-54322 , A-86702 ; etabloalid . 2355 ; and OMA-6218 ; respective-
ly , covering premises at Lucer e‘ Weld County, Colorado; Ault ,
Weld County , Colorado; Ft . Lupton , Weld County , Colorado; and
Frederick, Weld County, Colorado; respectively; PROVIDED, however ,
that such termination shall not affect any of the rights or
obligations of the parties to said agreements dated July 19 , 1961 ;
February 15 , 1974; October 23 , 1974; and September 16 , 1982 , which
may have accrued , or liabilities , accrued or otherwise , which may
have arisen prior to such termination.
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X16 r UNION PALFIC
11011 SYSTEM a .. .
)1.
Union Pacific Railroad 1416 DODGE STREET
OMAHA,NEBRASKA 68179
Missouri Pacific Railroad
C.O.DURHAM
DIRECTOR-REAL ESTATE
R.F. NIEHAUS SOUTH-CENTRAL DISTRICT NORTHWESTERN DISTRICT
D.D.BROWN EASTERN DISTRICT ASST.DIRECTOR REAL ESTATE
DIRECTOR-SYSTEM PROJECTS DISTRICT REAL ESTATE DIRECTOR DISTRICT REAL ESTATE DIRECTOR DISTRICT REAL ESTATE DIRECTOR
AND PROPERTY MANAGEMENT D. H. ENE M.A.PASSO A.O. MEYER
R. D.RICE REAL ESTATE AGENTS REAL ESTATE AGENTS
REAL. ESTATE AGENTS
MANAGER-SYSTEM PROJECTS D.R. RECHTENBACH F.B. SHARAR
L. L DOLL T.J.ZADINA W.T.GALLO P.G.FARRELL
MANAGER-REAL E N ESTATE ENGINEERING T.M.SSSCHU T OM AUG 20 E D.R.LEWIS W. L.LOFFER
R.REAL ESTATE
AGENTN
P L.WHITE J. E.MATZA
ESTATE AGENT
G.B.COLLINS
MANAGER-TITLES&CONVEYANCES
206-48
Mr . Bruce T. Barker
Assistant Weld Co. Attorney
P .O. Box 1948
Greeley, CO 80632
Attached for your further handling, as checked below, is
Lease Agreement OMA-7318 covering use of a portion of the Railroad
Company' s property at or near Lucerne, Ault, Ft. Lupton, and
Frederick, Colorado:
a) Please execute or arrange for execution and
have witnessed or acknowledged as appropriate, the
originals of the attached document in the spaces marked
by an "X" ; and return all originals to the undersigned,
in the attached envelope, for similar handling by the
Railroad Company;
b) X Your copy( s) of the above fully executed
document is ( are) attached.
Please note that this document contains an
insurance provision. The required Insurance Certificate should be
forwarded to:
Mr. R. W. Redick
Manager - Insurance
Union Pacific Railroad Company
1416 Dodge Street
Omaha, NE 68179
�SSi�n�cerely yours,
cl/TI
416t-
Dl`
I`^ AUG 21985 � I.
,ELD COUNTY
ATTORNEY'S Or'tCE
a DEPARTMENT OF ENGINEERING
PHONE(303)358-4000
4";1":
P.O. BOX 758
r�7 GREELEY,COLORADO D0�32
1111De.
COLORADO
September 19, 1985
Manager of Billing & Contracts
Union Pacific System
Mail Code 7123
1416 Dodge Street
Omaha, NE 68179
Dear Sir:
We are returning your bill number T62404 dated September 1,
1985, in the amount of $1,010.00 for rental per agreement
OMA-6218. This lease has been combined with other similar
leases under agreement OMA-7318.
If you have any questions please contact me.
Sincerely,
Drew L. Scheltinga nga V
County Engineer
DLS/bf
xc: Commissioner Gene Brantner
Diana Rhinesmith, Accounting
Enc.
, � - c am ' J Aec o,
FORM F7-79 20M
ORM 1 UNI0N:,PAUHU t AILROAU CONE` hi .: t"
' 'IWHITE) 1411 DOGE ST., OMAHA, NEBRASKA E '9
UNION
PLEASE REMIT TO PACIFIC
MANAGER-BANKING OPERATIONS I I I I I I 762404
AT THE ABOVE ADDRESS BILL NO.
SEP 1985
MONTH'S ACCOUNT._-�
BOARD OF COUNTY .COMMISSIONERS0610B5 GMRE-0
WELD COUNTY 80631
GREELEY. COLORADO SEP. - 01, 1985
DATE
TA Assuro proper Credit To Your Account,Please Dlroch Top Portion_and Include With Your Remittance 3 1.010 00
RENTAL PER AGREEMENT 04116218 DOC. DATE SEP. 16, 1982
AT FREDERICK, COLORADO
FOR FOR THEDP FOR ERIODASEP.E01,OR 1985GTOtSEP. DI,T NST E4UIPiPT5
1986
RENT 1010 00
1010 00
I
C
L
E
L
Y
a
n
N
Y
PAY THIS AMOUNT 1010 DD
PAYABLE UPON RECEIPT
For further information address Manager-Ledgers&Financial Reporting.U.P.R.R.Co.,1416 Dodge St.,Omaha,Nebraska 138179
UNION PACIFIC RAILROAD COMPANY
DATE SEP 1985
BILL NO. T62404
BOARD OF COUNTY COMMISSIONERS06I085 1010.00
ICC SUB SUB-SUB AMOUNT
ACCT. ACCT. ACCT.
513 001 00005 1 ,010 00
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