HomeMy WebLinkAbout480001.tiff RESOLUTION
WHEREAS, The MO:. .eaCI1r IC RAILROAD has tendered to
the COUNTY OF WELD, S?ATR OF COLORADO, a lease covering a
portion of the Refire** idistranyli right of Joey at Adt, Weld
County, Colorado, for Storage and mixing of road repair
material, and
WHEREAS , the Boar[ of County Commissioners of
Weld_ County,. er ,redo _ ,__
m, _ has said proposed agree-
nt before it and has given It careful review and consider-
ation; and
WHEREAS , it is considered that the best interests
of said County of Weld,_ State of CoArop
will be subserved by the acceptance of said agreement :
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
C "I.7IONERS OF WELD COUNTY, COLORADO,
That the terms of the agreement submitted by the
Union Pacific Railroad Company as aforesaid be , and the same
are hereby, accepted in. behalf of Wfild. County, Colerada
That the Chairman of the Board of County Commission-
ers of said County is hereby authorized , empowered and direct-
ed to execute said agreement on behalf of said County, and
that the County Clerk is hereby authorized and directed to at-
test said agreement and to attach to each duplicate original
of said agreement a certified copy of this resolution.
STATE OF COLQRA_DO
Sc
COUNTY OF WILD
1 , � 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
County of W4d, State 9f Colorado , at a neet ng held
according; (o �,aw at G#EE'LE'Y. ._'' .O.f; , on the k4
day ofA..- - !� '�l/►� , 194;f. , as the same appears on
file and of record in this office .
• IF TESTIMONY WHEREOF , I have hereunto set ray hand .
and affixed the seal of the s ounty of • ''-1441.41, i,t,.
laa
this 4y� day of /1,-1 ' 11 f• •-Z•l , 194.
480001
(Seal) County Clerk f the County of
Cnty . Weld, O t e of Co3Arado.
•
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FORM 2209 2-"'"
)1,9n°No .,.� ..._ nd t � ..._.
ut x ,
-' Audit No a N o 4! ° $
LEASE
Date. THIS AGREEMENT, made and entered into this / day of
Parties. by and between......_..__.__.._.._UNION P CIF'I�' RA.I'.�N.`.�. 1)
....__-._____-..._ COMPANY
a corporation of the State of Utah (hereinafter called "Lessor") party
of the first part,and COUNTY 07 WELD OF COLORADO
(hereinafter called "Lessee"), party of the second part, WITNESSETH:
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 hereby lease and let unto the Lessee
Term. for a term beginning on the first day of Aggember 19`t,8, and extending to the
firlt day of December 19 unless sooner terminated as herein provided,
Location, the portion of the premises of the Lessor
at Ault
'fold County, Color'lio , shown outlined by yet lew...1 .%346:IC
on the plat, or described in the description, or both, hereto attached and made a part hereof; RESERVING,
however, to the Lessor the right to place an maintain at prominent places on the leased premises signs adver-
tising Union Pacific Railroad Company,
Rental. Section 2. The Lessee agrees to pay to the Lessor for the use of said premises, rental at the rate of
Eleven and no/lOG'.' Dollars ($ ll•0^ — — ) per
ll
annum, payable annually spin advance. Acceptance of said rental in advance by the
Lessor shall not act as a waiver of its right taSminate'this lease as hereinafter provided. It is agreed that
no improvements placed upon the leased premises by the Lessee shall become a part of the realty and the Lessee
agrees to pay,before the same become delinquent,all taxes and all assessments levied and assessed during the con-
tinuance of this lease upon any buildings and-other improvements placed upon the leased premises.
Use of Leased Section 3. The Lessee covenants thk the retied'premises shall not be used for any other purpose than for
Premises.
• r'
storage and mixing of road repair material - and agrees that if
the Lessee abandons the leased premises, the Lessor may enter upon and take possession of the same, and that a
Abandonment non-user for the purpose mentioned, continuing for thirty days shall be sufficient and conclusive evidence of such
abandonment.
Lessee Not to Section 4. The Lessee agrees not to let or sublet the leased premises, in whole or in part, or to assign this
Sublet or lease without the consent in writing of the Lessor,and it is agreed that any transfer or assignment of this lease
Assign, whether voluntary,by operation of law or otherwise, without such consent in writing, shall be absolutely void
and, at the option of the Lessor, shall terminate this lease.
Use for Section 5. It is especially covenanted and agreed that the use of the leased premises or any part thereof
Unlawful for any unlawful or immoral purposes whatsoever is expressly prohibited; that the Lessee shall hold harmless the
Purposes Lessor and the leased premises from any and all liens, fines, damages, penalties, forfeitures or judgments in any
Prohibited. manner accruing by reason of the use or occupation of said premises by the Lessee; and that the Lessee shall
Indemnity. at all times protect the Lessor and the leased premises from all injury, damage or loss by reason of the occupa-
tion of the leased premises by the Lessee, or from any cause whatsoever growing out of said Lessee's use
thereof.
Oare of Section 6. The Lessee hereby covenants and agrees that any and all buildings erected upon the leased
Premises and premises shall be painted by the Lessee a color satisfactory to the Lessor, and shall at all times be kept in good
Improvements. repair; that the roof of each such building shall be of fire-resistive material; that when such buildings are with-
out solid foundation the openings between the ground and the floor thereof shall be covered with fire-resistive
material; that the leased premises shall during the continuance of this lease be kept by the Lessee in a neat and
tidy condition and free from all straw, rubbish, or other material which would tend to increase the risk of fire,
or give the leased premises an untidy appearance; that none of the buildings or other structures erected en said
premises shall he used for displaying circus posters or any signs or advertisements other than such notices and
signs as may be connected with the business of the Lessee, and that such signs and notices shall be neat and
shall be properly maintained. In the event any building or other improvement not belonging to the Lessor on
the leased 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 Lessee fails so to do Lessor
may enter the leased premises and remove such debris and rubbish, and the Lessee agrees to reimburse the
Lessor, within thirty days after bill rendered, for the expense so incurred.
Claims and Section 7. The Lessee shall fully pay for all materials joined or affixed to said premises, and shall pay in
Liens for full all persons who perform labor upon said premises, and shall not permit or suffer any mechanic's or material-
Labor and man's lien of any kind or nature to be enforced against said premises for any work done or materials furnished
Material. thereon at the instance or request or on behalf of the Lessee; and the Lessee agrees to indemnify and hold harm-
less the Lessor from and against 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 furnished.
Section 8. No building, platform or other structure shall be erected or maintained and no material or oh'
struetion of any kind or character shall be placed, piled, stored, stacked or maintained closer than eight (8)
feet nix (6) inches to the center line of the nearest track of the Lessor; PROVIDED, however, that in the case
of platforms not higher than four (4) feet above the top of the rail a minimum clearance of seven (7) feet three
(3) inches from the center line of the nearest track of the Lessor will be permitted; and PROVIDED further that
along and adjacent to,and for one car length beyond, those portions of track having a curvature greater than ten
(10)degrees the clearances hereinbef ore provided shall,with reference to platforms four (4) feet or less in height,
Clearances, be increased horizontally six (6) inches, and with reference to all buildings, platforms, structures and other ob-
structions greater than four (4) feet in height shall be increased horizontally one (1) foot; and PROVIDED fur-
ther that if by statute or order of competent public authority greater clearances shall be required than those pro-
vided for in this Section 8, then the Lessee shall strictly comply with such statute or order. All doors,windows or
gates shall be of the sliding type or shall open toward the inside of the building or enclosure when such building
or enclosure is so located that the said doors, windows or gates if opening outward, would, when opened, impair
the clearances in this section prescribed.
Explosives and Section 9. It is further agreed that no gunpowder, gasoline, dynamite, or ether explosives or inflammable
Inflammables. material shall be stored or kept upon the leased premises. Nothing herein contained, however, shall prevent the
storage of oil or gasoline upon the leased premises when the purpose for which the same are to be used, as indi-
cated by Section 3 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 Lessee on the leased premises, and are stored in quantities
reasonable for such purpose; PROVIDED, however, that in all of said excepted cases, the Lessee shall strictly
comply with all statutory and municipal regulations relating to the storage of such commodities.
No Construe- Section 10. The Lessee shall not locate or permit the location or erection of any poles upon the property of
tlons by Lessee the Lessor, nor of any beams, pipes, wires, structures or other obstruction over or under any tracks of the Ler
Over or'Under sor without the consent of the Lessor.
Tracks.
Liability of Section 11. The Lessee shall be liable for any and all injury or damage to persons or property, of whatso-
Lessee for ever nature or kind, arising out of or contributed to by any breach in whole or in part of any covenant of this
Breach. agreement.
No Other Section 12. No railroad company other than the Lessor shall be allowed to use any track owned or built by
Railroad to the Lessor now or hereafter upon or extending to any part of the leased premises, without the permission in writ'
Use Tracks. ing of the Lessor.
Fire Damage Section 13. It is understood by the parties hereto that the leased premises are in dangerous proximity to
Release. 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 assumes all risk of loss, damage or destruction of or to buildings or
contents on the leased premises,and of or to other property brought thereon by the Lessee or by any other person
with the knowledge or consent of the Lessee, and of or to property in proximity to the leased premises when con.
nested with or incidental to the occupation thereof, and any incidental loss or injury to the business of the Les-
see, where such loss, damage, destruction or injury is occasioned by fire caused by, or resulting from, the opera.
tion of the railroad of the Lessor,whether such fire be the result of defective engines, or of negligence on the part
of the Lessor or of negligence or misconduct on the part of any officer,servant or employe of the Lessor,or other
wise, and the Lessee hereby agrees to indemnify and hold harmless the Lessor from and against all liability,
causes of action, claims, or demands which any person may hereafter assert, have, claim or claim to have, arising
out of or by reason of any such loss, damage, destruction or injury, including any claim, cause of action or de-
mand which any insurer of such buildings or other property may at any time assert, or undertake to assert,
against the Lessor.
Water Section 14. The Lessee hereby releases the Lessor from all liability for damage by water to the leased prem.
Damage ises or to property thereon belonging to or in the custody or control of the Lessee, including buildings and eon-
Release. tents, regardless of whether such damage be caused or contributed to by the position, location, construction or
condition of the railroad, roadbed, tracks, bridges, dikes, ditches or other structures of the Lessor.
Termination Section 15. It is further agreed that the breach of any covenant, stipulation or condition herein con.
cm Default tamed to be kept and performed by the Lessee, shall, at the option of the Lessor, forthwith 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 leased premises and repossess itself there.
of and remove all persons therefrom or may resort to an action of forcible entry and detainer, or any other ac'
tion to recover the same. A waiver by the Lessor of the breach by the Lessee of any covenant or condition of
this lease shall not impair the right of the Lessor to avail itself of any subsequent breach thereof.
Termination Section 16. This lease may be terminated by written notice given by either the Lessor or the Lessee to the
by Notice, 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 personally or
by posting a copy thereof on the outside of any door in any building upon the leased premises or by mailing said
notice, 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 General Manager of the District of the
Lessor in which the leased premises are located. Upon such termination 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 Section 17. The Lessee covenants and agrees to vacate and surrende. ,he quiet and peaceable possession of
Prc'nises, the leased premises upon the termination of this lease howsoever. Within thirty days after such termination the
Lessee shall (a) remove from the premises, at the expense of the Lessee, all structures and other property not
Removal 0Y belonging to the Lessor; and (b) restore the surface of the ground to as good condition as the same was in be-
Lessee's fore such structures were erected, including among other things, the removal of foundations of such structures,
Property. 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 reimburse the Lessor for the cost thereof
within thirty days after bill rendered.
In the case of the Lessee's failure to remove said structures and other property the same shall, upon the ex-
piration of said thirty days after the termination of this lease,become and thereafter remain the property of the
Lessor; and if within ninety days after the expiration of such thirty-day period the Lessor elects to and does re-
move, or cause to be removed, said structures and other property from the leased premises and the market value
thereof on removal or of the material therefrom 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 days after bill rendered.
Special
Provisions.
Successors Section 18. It is further agreed that by the word "Lessee" is meant the party or parties of the second part
;,and Assign-S. herein and.signing this agreement, and his,its, or their heirs, executors, administrators, successors or assigns, and
that all of the terms and conditions of this agreement shall inure to the benefit of the Lessor, and its successors
and assigns or any railroad company whose line of railroad the Lessor may be operating under any arrange-
ment of any kind or nature whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed, the day and year
first herein written.
UNION PACIFIC AT.LOAD COMPANY
d
Witn
By General Manager.
COUNTY OF WELD. STATE OF COLORADO
-72
Witness' in*
fitz 137,
( J
Attest'
Chairman of the Board of County
Comriesionere. _ —
) /If. ' County Clerk;
f� f f / / /' ; '.
tc.4°UYY CotliSTY O&M!. (Affix Seal)
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