HomeMy WebLinkAbout952102.tiffRESOLUTION
RE: APPROVE LEASE OF PROPERTY WITH UNION PACIFIC RAILROAD COMPANY AND
AUTHORIZE CHAIRMAN TO SIGN
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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 Lease of Property at Lupton and Lucerne,
for location of grader sheds, between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Public Works Department , and
Union Pacific Railroad Company, commencing October 1, 1995, with further terms and conditions
being as stated in said lease, and
WHEREAS, after review, the Board deems it advisable to approve said lease, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Lease of Property at Lupton and Lucerne, for location of grader sheds,
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Public Works Department, and 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 lease.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of October, A.D., 1995, nunc pro tunc October 1, 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
B
Clerk to the Board
Deputy Clertto the Board
APPRO D AS TO F
ounty Attof
FXr.11SFn
Dale K. Hall, Chairman
-skirt_,
arb ra J. Kirkmeye ,
Georg E. Baxter
Constance L. Harbert
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952102
PR0012
Folder No: 206-48
Audit No: OMA 7318
LEASE OF PROPERTY
THIS LEASE ("Lease") is entered into on the 9th day of
(lrrnher , 1995 between UNION PACIFIC RAILROAD COMPANY
("Lessor"), and COUNTY OF WELD, STATE OF COLORADO, a Colorado
municipal corporation, whose address is P.O. Box 758, Greeley CO
80632 ("Lessee").
IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
Article I. PREMISES; USE.
Lessor leases to Lessee and Lessee leases from Lessor the
premises ("Premises"), at Lupton, Srnderio nd Lucerne, Colorado,
as shown on the prints dated May 15, 1995 marked Exhibit A,--Ikand
C, respectively, hereto attached and made a part hereof, subject to
the provisions of this Lease and ofe7Xhibitiolcattached hereto and
made a part hereof. The Premises may be used for a warehouse and
maintenance shed, storage of road material and machinery, diesel
fuel and lube oil and purposes incidental thereto, only, and for no
other purpose.
Article II. TERM.
The term of this Lease shall commence on October 1, 1995,
and, unless sooner terminated as provided in this Lease, shall
extend for one year and thereafter shall automatically be extended
from year to year.
Article III. RENT.
A. Lessee shall pay to Les o advance, rent of Two
Thousand Three Hundred Dollars (# per annum. The rent
shall be increased by Three percent (3%) annually, cumulative and
compounded.
B. Not more than once every three (3) years, Lessor may
redetermine the rent. In the event Lessor does redetermine the
rent, Lessor shall notify Lessee of such change.
Article IV. SPECIAL PROVISION - INSURANCE.
A. At all times during the term of this Lease, Lessee shall, at
Lessee's sole cost and expense, procure and maintain the following
insurance coverage:
General Public Liability providing bodily injury, including
death, personal injury and property damage coverage with combined
single limit of at least One Million Dollars ($ 1,000,000.00) per
occurrence and a general aggregate limit of at least One Million
Dollars ($1,000,000.00). This insurance shall provide Broad Form
Contractual Liability covering the indemnity provisions contained
in this Agreement, severability of interests, and name Lessor as an
additional insured. If coverage is purchased on a "claims made"
basis, it shall provide for at least a three (3) year extended
reporting or discovery period, which shall be invoked if insurance
covering the time period of this Agreement is cancelled.
B. Lessee shall furnish Lessor with certificate(s) of insurance
evidencing the required coverage and, upon request, a certified
duplicate original of the policy. The insurance company issuing
the policy shall notify Lessor, in writing, of any material
alteration including any change in the retroactive date in any
"claims -made" policies or substantial reduction of aggregate
limits, or cancellation at least thirty (30) days prior thereto.
The insurance policy shall be written by a reputable insurance
company or companies acceptable to Lessor or with a current Best's
Insurance Guide Rating of B and Class VII or better, and which is
authorized to transact business in the state where the Premises are
located.
C. Lessee hereby waives its right of subrogation under the above
insurance policy against Lessor for payment made to or on behalf of
employees of Lessee or its agents or for loss of its owned or
leased property or property under its care, custody and control
while on or near the Premises or any other property of Lessor.
Lessee's insurance shall be primary with respect to any insurance
carried by Lessor.
Article V. SPECIAL PROVISION - CANCELLATION.
Effective upon commencement of the term of this Lease, the
Lease dated May 2, 1985, identified as Audit No. OMA 7318, together
with any and all supplements and amendments, is cancelled and
superseded by this Lease, except for any rights, obligations or
liabilities arising under such prior lease before cancellation,
including any consent to conditional assignment, chattel agreement,
or consent to sublease.
IN WITNESS WHEREOF, the parties have executed
as of the day and year first herein written.
UNION PACIFIC RAILROAD
COMPANY
By:
Director - Real Estate
COUNTY OF WELD, STATE
COLORADO
By: _
Tilt
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this -%:L
11O/09/9'
e:Chairman Pro-tem. Weld County
Board of Commissioners
Note: Cancels and Supersedes Lease OMA 7318 Dated 5/2/85. Same
IND LS 010195
APPROVED, LAW
ZESIBIT 8
Section 1. IIMPROVAMENTS.
No improvements placed upon the Premises by Lessee shall become a part of the realty.
Section 2. RZSZRVATIGNS AND PRIOR RIGHTS.
A) Lessor reserves to itself, its agents and contractors, the right to enter the Premises at
such times as will not unreasonably interfere with L 's use of the Premises.
B) Lessor reserves (1) the exclusive right to permit third party placement of advertising signs
on the Premises, and (11) the right to construct, maintain and operate new and existing
facilities (including, without limitation, trackage, fences, communication facilities, roadways
and utilities) upon, over, across or under the Premises, and to grant to others such rights,
provided that Lessee's use of the Premises is not interfered with unreasonably.
C) This Lease is made subject to all outstanding rights, whether or not of record. Lessor
reserves the right to renew such outstanding rights.
Section 3. PAYMENT OP RENT.
Rent (which includes the annual rent and all other amounts to be paid by Lessee under this
Lease) shall be paid in lawful money of the United States of America, at such place as shall be
designated by the Lessor, and without offset or deduction.
Section 4. TAXIS AND ASSZSSNZNTS.
A) L hall pay, prior to delinquency, all taxes levied during the life of this Lease on
all personal property and improvements on the Premises not belonging to Lessor. If such taxes
are paid by Lessor, either separately or as a part of the levy on Lessor's real property, L
shall reimburse Lessor in full within thirty (30) days after rendition of Lessor's bill.
8) If the Premises are specially for public improvements, the annual rent will be
automatically increased by 12% of the full assessment amount. -
Section 5. MASSE RIGHTS.
This Lease does not include any right to the use of water under any water right of Lessor,
or to establish any water rights except in the name of Lessor.
Section 6. CARL AND USE OP PREMISES.
A) Lessee shall use reasonable care and caution against damage or destruction to the Premises.
Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any
nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or
property. Lessee shall keep the Premises in a safe, neat, clean and presentable condition, and
in good condition and repair. Lessee shall keep the sidewalks and public ways on the Premises,
and the walkways appurtenant to any railroad spur track(s) on or serving the Premises, free and
clear from any substance which might create a hazard and all water flow shall be directed away
from the tracks of the Lessor.
B) Lessee shall not permit any sign on the Premises, except signs relating to L 's
business.
C) If any improvement on the Premises not belonging to Lessor is damaged or destroyed by fire
or other casualty, Lessee shall, within thirty (30) days after such casualty, remove all debris
resulting therefrom. If L fails to do so, Lessor may remove such debris, and L grees
to reimburse Lessor for all expenses incurred within thirty (30) days after rendition of Lessor's
bill.
D) L hall comply with all governmental laws, ordinances, rules, regulations and orders
relating to L 's use of the Premises.
Section 7. RA2aommUS MATERIALS, SUBSTANCES AND WASTES.
A) Without the prior written consent of Lessor, Lessee shall not use or permit the use of the
Premises for the generation, use, treatment, manufacture, production, storage or recycling of any
Hazardous Substances, except that L may use (1) small quantities of common chemicals such as
adhesives, lubricants and cleaning fluids in order to conduct business at the Premises and (11)
other Hazardous Substances, other than hazardous wastes as defined in the Resource Conservation
and Recovery Act, 42 U.S.C. 55 6901, ffi sec., as amended ('RCRA"), that are necessary for the
conduct of L 's business at the Premises as specified in Article I. The consent of Lessor
may be withheld by Lessor for any reason whatsoever, and may be subject to conditions in addition
to those set forth below. It shall be the sole responsibility of Lessee to determine whether or
not a contemplated use of the Premises is a Hazardous Substance use.
B) In no event shall Lessee (1) release, discharge or dispose of any Hazardous Substances, (11)
bring any hazardous wastes as defined in RCRA onto the Premises, (111) install or use on the
Premises any underground storage tanks, or (iv) store any Hazardous Substances within one hundred
feet (100') of the center line of any main track.
Page 1 of 4
IND LS 010195
APPROVED, LAW
C) If Lessee uses or permits the use of the Premises for a Hazardous Substance use, with or
without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification
numbers and notices issued by governmental agencies in connection with such Hazardous Substance
use, together with such other information on the Hazardous Substance use as may be requested by
Lessor. If requested by Lessor, Lessee shall cause to be performed an environmental assessment
of the Premises upon termination of the Lease and shall furnish Lessor a copy of such report, at
L 's sole cost and expense.
D) Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be
responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any
manner to any Hazardous Substance use of the Premises (or any property in proximity to the
Premises) during the term of this Lease or, if longer, during L 's occupancy of the Premises,
regardless of Lessor's consent to such use, or any negligence, misconduct or strict liability of
any Indemnified Party (as defined in Section 12), and including, without limitation, (1) any
diminution in the value of the Premises and/or any adjacent property of any of the Indemnified
Parties, and (ii) the cost and expense of clean-up, restoration, containment, remediation,
decontamination, removal, investigation, monitoring, closure or post -closure. Notwithstanding
the foregoing, Lessee shall not be responsible for Hazardous Substances (i) existing on, in or
under the Premises prior to the earlier to occur of the commencement of the term of the Lease or
L 's taking occupancy of the Premises, or (11) migrating from adjacent property not
controlled by Lessee, or (111) placed on, in or under the Premises by any of the Indemnified
Parties; except where the Hazardous Substance is discovered by, or the contamination is
exacerbated by, any excavation or investigation undertaken by or at the behest of Lessee. Lessee
shall have the burden of proving by a preponderance of the evidence that any exceptions of the
foregoing to L 's responsibility for Hazardous Substances applies.
E) In addition to the other rights and remedies of Lessor under this Lease or as may be
provided by law, if Lessor reasonably determines that the Premises may have been used during the
term of this Lease or any prior lease with L for all or any portion of the Premises, or are
being used for any Hazardous Substance use, with or without Lessor's consent thereto, and that a
release or other contamination may have occurred, Lessor may, at its election and at any time
during the life of this Lease or thereafter (1) cause the Premises and/or any adjacent premises
of Lessor to be tested, investigated, or monitored for the presence of any Hazardous Substance,
(11) cause any Hazardous Substance to be removed from the Premises and any adjacent lands of
Lessor, (111) cause to be performed any restoration of the Premises and any adjacent lands of
Lessor, and (1v) cause to be performed any remediation of, or response to, the environmental
condition of the Premises and the adjacent lands of Lessor, as Landlord reasonably may deem
necessary or desirable, and the cost and expense thereof shall be reimbursed by Lessee to Lessor
within thirty (30) days after rendition of Lessor's bill. In addition, Lessor may, at its
election, require L , at L 's sole cost and expense, to perform such work, in which
event, Lessee shall promptly commence to perform and thereafter diligently prosecute to
completion such work, using one or more contractors and a supervising consulting engineer
approved in advance by Lessor.
F) For purposes of this Section 7, the term "Hazardous Substance" shall mean (1) those
substances included within the definitions of "hazardous substance", "pollutant", "contaminant",
or "hazardous waste", in the Comprehensive Environmental Response, Compensation and Liability Act
of 1980, 42 U.S.C. SS 9601, S,j, sea., as amended or in RCRA, the regulations promulgated pursuant
to either such Act, or state laws and regulations similar to or promulgated pursuant to either
such Act, (11) any material, waste or substance which is (A) petroleum, (B) asbestos, (C)
flammable or explosive, or (D) radioactive; and (111) such other substances, materials and wastes
which are or become regulated or classified as hazardous or toxic under federal, state or local
law.
Section S. DSILITIZS.
A) L will arrange and pay for all utilities and services supplied to the Premises or to
L
B) All utilities and services will be separately metered to Lessee. If not separately metered,
Lessee shall pay its proportionate share as reasonably determined by Lessor.
Section 1. tins.
Lessee shall not allow any liens to attach to the Premises for any services, labor or
materials furnished to the Premises or otherwise arising from Lessee's use of the Premises.
Lessor shall have the right to discharge any such liens at Lessee's expense.
Section 10. ALTflATIO1S AND UWROVININ:s; CLIAAANCSs.
A) No alterations, improvements or installations may be made on the Premises without the prior
consent of Lessor. Such consent, if given, shall be subject to the needs and requirements of the
Lessor in the operation of its Railroad and to such other conditions as Lessor determines to
impose. In all events such consent shall be conditioned upon strict conformance with all
applicable governmental requirements and Lessor's then -current clearance standards.
B) All alterations, improvements or installations shall be at Lessee's sole cost and expense.
Page 2 of 4
IND LS 010195
APPROVED, LAW
C) Lessee shall comply with Lessor's then -current clearance standards, except (1) where to do
so would cause Lessee to violate an applicable governmental requirement, or (11) for any
improvement or device in place prior to Lessee taking possession of the Premises if such
improvement or device complied with Lessor's clearance standards at the time of its installation.
D) Any actual or implied knowledge of Lessor of a violation of the clearance requirements of
this Lease or of any governmental requirements shall not relieve Lessee of the obligation to
comply with such requirements, nor shall any consent of Lessor be deemed to be a representation
of such compliance.
Section 11. As -IS.
Lessee accepts the Premises in its present condition with all faults, whether patent or
latent, and without warranties or covenants, express or implied. Lessee acknowledges that Lessor
shall have no duty to maintain, repair or improve the Premises.
Section 12. ASLEASZ AND INDDONITT.
A) As a material part of the consideration for this Lease, Lessee, to the extent it may
lawfully do so, waives and releases any and all claims against Lessor for, and agrees to
indemnify, defend and hold harmless Lessor, its affiliates, and its and their officers, agents
and employees ("Indemnified Parties") from and against, any loss, damage (including, without
limitation, punitive or consequential damages), injury, liability, claim, demand, cost or expense
(including, without limitation, attorneys' fees and court costs), fine or penalty (collectively,
•Loss') incurred by any person (including, without limitation, Lessor, L , or any employee of
L 1 and arising from or related to (1) any use of the Premises by Lessee or any invitee or
licensee of L , (11) any act or omission of L , its officers, agents, employees,
licensees or invitees, or (111) any breach of this Lease by Lessee.
B) The foregoing release and indemnity shall apply regardless of any negligence, misconduct or
strict liability of any Indemnified Party, except that the indemnity, only, shall not apply to
any Loss caused by the sole, active and direct negligence of any Indemnified Party if the Loss
(1.) was not occasioned by fire or other casualty, or (11) was not occasioned by water, including,
without limitation, water damage due to the position, location, construction or condition of any
structures or other improvements or facilities of any Indemnified Party.
C) Where applicable to the Loss, the liability provisions of any contract between Lessor and
Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss
and shall supersede the provisions of this Section 12.
D) No provision of this Lease with respect to insurance shall limit the extent of the release
and indemnity provisions of this Section 12.
Section 13. TSPNINATION.
A) Lessor may terminate this Lease by giving Lessee notice of termination, if Lessee (1) fails
to pay rent within fifteen (15) days after the due date, or (11) defaults under any other
obligation of Lessee under this Lease and, after written notice is given by Lessor to L
specifying the default, Lessee fails either to immediately commence to cure the default, or to
complete the cure expeditiously but in all events within thirty (30) days after the default
notice is given.
B) Notwithstanding the term of this Lease set forth in Article II.A., Lessor or Lessee may
terminate this Lease without cause upon thirty (30) days' notice to the other party; provided,
however, that at Lessor's election, no such termination by L hall be effective unless and
until Lessee has vacated and restored the Premises as required in Section 15A).
Section 14. LSSSOA'S RZWEDIZS.
Lessor's remedies for L 's default are to (a) enter and take p ion of the Premises,
without terminating this Lease, and relet the Premises on behalf of L , collect and receive
the rent from reletting, and charge L for the cost of reletting, and/or (b) terminate this
Lease as provided in Section 13 A) above and sue L for damages, and/or (c) exercise such
other remedies as Lessor may have at law or in equity. Lessor may enter and take possession of
the Premises by self-help, by changing locks, if necessary, and may lock out L , all without
being liable for damages.
Section 15. VACATION Or PADO:SZS; ADWVAL or LiSSDi'S PAOPSATT.
A) Upon termination howsoever of this Lease, Lessee (1) shall have peaceably and quietly
vacated and surrendered possession of the Premises to Lessor, without Lessor giving any notice to
quit or demand for possession, and (11) shall have removed from the Premises all structures,
property and other materials not belonging to Lessor, and restored the surface of the ground to
as good a condition as the same was in before such structures were erected, including, without
limitation, the removal of foundations, the filling in of excavations and pits, and the removal
of debris and rubbish.
Page 3 of 4
IND LS 010195
APPROVED, LAW
B) If L has not completed such removal and restoration within thirty (30) days after
termination of this Lease, Lessor may, at its election, and at any time or times, (1) perform the
work and Lessee shall reimburse Lessor for the cost thereof within thirty (30) days after bill is
rendered, (11) take title to all or any portion of such structures or property by giving notice
of such election to Lessee, and/or (iii) treat Lessee as a holdover tenant at will until such
removal and restoration is completed.
Section 16. TIBIA OPTICS.
Lessee shall telephone Lessor at 1-800-336-9193 (a 24 -hour number) to determine if fiber
optic cable is buried on the Premises. If cable is buried on the Premises, L ill telephone
the telecommunications company(ies), arrange for a cable locator, and make arrangements for
relocation or other protection of the cable. Notwithstanding compliance by L with this
Section 16, the release and indemnity provisions of Section 12 above shall apply fully to any
damage or destruction of any telecommunications system.
Section 17. NOTICaS.
Any notice, consent or approval to be given under this Lease shall be in writing, and
personally served, sent by reputable courier service, or sent by certified mail, postage prepaid,
return receipt requested, to Lessor at: Contracts 6 Real Estate Department, Room 1100, 1416
Dodge Street, Omaha, Nebraska 68179; and to Lessee at the above address, or such other address
as a party may designate in notice given to the other party. Mailed notices shall be deemed
served five (5) days after deposit in the U.S. Mail. Notices which are personally served or sent
by courier service shall be deemed served upon receipt.
Section 10. ASSIQaSNT.
A) Lessee shall not sublease the Premises, in whole or in part, or assign, encumber or transfer
(by operation of law or otherwise) this Lease, without the prior consent of Lessor, which consent
may be denied at Lessor's sole and absolute discretion. Any purported transfer or assignment
without Lessor's consent shall be void and shall be a default by Lessee.
B) Subject to this Section 18, this Lease shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors and assigns.
Section 19. CQ4DINATIQi.
If, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of a
condemnation or sale in lieu of condemnation, then this Lease shall automatically terminate.
Lessor shall- be entitled to the entire award or proceeds for any total or partial condemnation or
sale in lieu thereof, including, without limitation, any award or proceeds for the value of the
leasehold estate created by this Lease. Notwithstanding the foregoing, Lessee shall have the
right to pursue recovery from the condemning authority of such compensation as may be separately
awarded to Lessee for L 's relocation expenses, the taking of L 's personal property and
fixtures, and the interruption of or damage to Lessee' business.
Section 20. ATT0 ET's Pilo.
If either party retains an attorney to enforce this Lease (including, without limitation,
the indemnity provisions of this Lease), the prevailing party is entitled to recover reasonable
attorney's fees.
Section 21. INTIBi ADBSI4I1T.
This Lease is the entire agreement between the parties, and supersedes all other oral or
written agreements between the parties pertaining to this transaction. Except for the unilateral
redetermination of annual rent as provided in Article III.A, this Lease may be amended only by a
written instrument signed by Lessor and Lessee.
Page 4 of 4
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NOTE: BEFORE YOU BEGIN ANY WORK, SEE
AGREEMENT FOR FIBER OPTIC PROVISION.
EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
Lupton, Weld County, Colorado
M.P. 26.47 - Greeley Subdivision
Lease to COUNTY OF WELD,
STATE OF COLORADO
SCALE: 1" = 100'
OFFICE OF CONTRACTS & REAL ESTATE
OMAHA, NE Date: May 15, 1995
Folder: 206-48
L E G E N D'
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NOTE: BEFORE YOU BEGIN ANY WORK, SE:
AGREEMENT FOR FIBER OPTIC PROVISION.
EXHIBIT "C"
UNION PACIFIC RAILROAD COMPANY
Lucerne, Weld County, Colorado
M.P. 55.72 - Greeley Subdivision
Lease to COUNTY OF WELD,
STATE OF COLORADO
SCALE: 1" = 100'
OFFICE OF CONTRACTS & REAL ESTATE
OMAHA, NE Date: May 15, 1995
Folder: 206-48
*LEGEND*
Lease Area Shown Dot Scre'
u(RR)R/W Outlined . . .
P.039
,aS 417 7)1A'
C&RE FOLDER NUMBER
(REQUIRED)
HAZARDOUS WASTE AND UNDERGROUND STORAGE TANK
QUESTIONNAIRE
HAZARDOUS WASTES GENERATION/MANAGEMENT
1. Do you conduct, or have you ever conducted, regulated
hazardous waste activities on Railroad Company premises
covered by the above agreement Folder Number?
Yes
/ No
2. If your answer to Question No. 1 is "Yes," what type of
hazardous waste activity did you conduct, or are you con-
ducting? (Check 1 or more)
Generation
Disposal
Storage
Treatment
Transportation
3. Identify by name and EPA hazardous waste number the hazard-
ous waste(s) involved in the activity or activities checked
in Question No. 2.
4. What is your EPA Identification Number for these hazardous
wastes activities?
5 If you no longer conduct hazardous waste activities on
Railroad Company premises, please indicate the month and
,, year those activities ceased.
i I
UNDERGROUND STORAGE TANKS
1. Is there an underground storage tank on Railroad Company
premises covered by the above agreement Folder Number?
Yes
No
2. If your answer is "Yes," please list each underground
storage tank with the following information: When was it
installed; what materials are stored in it; what is its
volume capacity; and, does it have a leak detection system?
Page 1 of 2
P.039
3. Has the tank(s) been registered with the state agency which
oversees underground storage tanks?
'/ Yes Fuel 4-4444 Art Abnvegrow4.
No
4. Is the tank(s) in compliance with the EPA regulations
published in Title 40 of the Code of Federal Regulations,
Part,280 which became effective December 22, 1988?
I Yes No
5. If "No," how and when do you intend to bring your tank(s)
into compliance with the EPA regulations?
6. Please indicate how and when you will meet the financial
responsibility requirements (Title 40, C.F.R. Part 280.980)
of the EPA regulations.
7. If you are in compliance with the EPA financial responsibil-
ity requirements, please submit with this completed ques-
tionnaire evidence of your compliance, i.e., a copy of
Certificate of Insurance, Corporate guarantee letter, etc.
PLEASE RETURN TO:
(Signed)
ame)Barbara J. irkmeye
Chairman Pro-tem
(Title)
Company Weld Count
Address
Greeley, CO 80632
Telephone (970) 356-4000
Manager - Contracts and Real Estate
Union Pacific Railroad Company
1416 Dodge Street, Room 1100
Omaha, Nebraska 68179
Page 2 of 2
Liz/
10/09/95
TO: Board of County Commissioners
FROM: Bruce T. Barker, County Attorney
DATE: October 5, 1995
COLORADO RE: Lease of Railroad Property at Lupton and Lucerne,
Colorado
On Monday, October 9, 1995, the Board of County Commissioners will consider a lease for
railroad property owned by the Union Pacific Railroad Company at Lupton and Lucerne,
Colorado. These are property's which Weld County has leased since the 1930's for the location
of grader sheds. The most recent lease was dated May 2, 1985, and ended October 1, 1995. The
updated lease form which was sent to Weld County includes Frederick, Colorado; however, the
County no longer has a need to lease the Frederick property for the grader shed. I have spoken
with Penny Rechtenbach of the Union Pacific and she has agreed to a reduction in the yearly
rental from $2,300 to $1,430 as a result of Frederick being eliminated from lease.
Don Warden and I agree that the yearly lease amount of $1,430 is reasonable. I recommend that
the Board approve the lease with the alterations and authorize the Chairman's signature.
pc Don Warden
M:A W PFILES\MEMOABOCCARAILPROP. WI
952102
952102
PR0012
ORIGINAL SIGNATURE PAGE UNAVAILABLE
PER BRUCE BARKER - LEASE IS COMPLETE
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