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Home My WebLink About610103.tiffAUTHORIZING CHAIRMAN TO SIGN LEASE WITH THE UNION PACIFIC RAILROAD COMPANY COVERING A PARCEL OF LAND ON THE RIGHT OF WAY AT LUCERNE, WELD COUNTY, COLORADO: WHEREAS, the Union Pacific Railroad Company has tendered to the county of Weld, a lease for a site located at Lucerne, Weld County, Colorado to be used as an equipment shed, and WHEREAS, it is considered that the interests of Weld County will be best served by the acceptance of said lease. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Board of County Commissioners, Weld County, Colorado be, and he is hereby authorized to sign lease with the Union Pacific Railroad Company covering aforementioned parcel of land on the Railroad's right of way at Lucerne, Weld County, Colorado for a site to be used as an equipment shed. A copy of said lease is attached hereto and made a part of this resolution. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: 77,,://4 ��;j 7-t< (nom THE BOARD OF COUNTY COMMI NERS WELD COUNTY, COLORADO DATED: July 19, 1961 EGC D7 610103 a CC .. Qaz aa() (9 - H a i-. con>>w¢ U 3 • 80 a ¢ x 0 •CC CC N 0. 0 o a �•o APPROVED the RESOLUTION ii MUM; W UNIOX PACIFIC RAILROAD OMAN( has Naiorod to the COUP4T 07 MILD, Mt) OP COLORADO, a 1•ne covering a passel of drowai ea the Railroad Cmepatgys right of war, at LuserosWell Mitt', kelorate, for a site Sisk is to be weed ter sietdp;wat s�el. li WHEREAS, the Board of County Commissioners of � 4 has said proposed agree - men exore irtErhas given it careful review and consider- ation; and WHEREAS, it is considered that the best interests of said County of west. Nato et Oilslrads will be subserved by the acceptance of said agreement; THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY IECOMMISSIONERS OFIDWOMOMM, S!itS OP CCLDDADO That the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be and the same hereby Bare accepted in behalf of yst comeT. Stat& et dalaste That the Chairman of the Board of County Commission- ers of said County hereby is authorized, empowered and direc- ted to execute said agreement on behalf of said County, and i[that the County Clerk hereby is 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 SSla&a COUNTY OF yel& I, , County Clerk of the County of , 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 tat lianas , at a meeting held according to law at Greeley, Colorado , on the 19th day of July , 19 61, as th psame appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand Band affixed the seal of the County of Mali, Selarats jl , this 19th day of July , 1961 !Ij a (SEAL) Cnty County Clerk of the County of Meld. Stator at flarada @Y: �� 7%7 Deputy County Clerk -- Leas* Area outlined Yellow R.R. Oo. R/W.outlined Red RXHIBI4 "A" U.P.R.R.CO. Lucerne, Colo. W.P. 55.78 Weld County Lease to County of Weld, Colorado Seale: 1" - 100' Office of Division itngineer Cheyenne, Wyo. June 28th 1981 Date. Parties. Lease. Term. Location. Improvements. Rental. Taxes. Assessments. Use of Leased Premises. ot2M 2aos (Dgp. Orig. Lessees. Copy) Audit No...__ LEASE C. S. 3.60-eM lead. Zen v R.,y. i;/ THIS AGREEMENT, made and entered into this 19th day of JULY , 1941., by and between_._..._.fas1M. LIALTD .. iAi' a corporation of the State... of visa (hereinafter called "Lessor"), party of the first part, and nit or .Wiltalk lltagt.C jTOIATO (hereinafter called "Lessee"), party of the second part, WITNESSETH: Section I. 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 for a term begin- ning on the ltlth day of aly , 1961..., and extending to and including the 9thday of July 19.M., unless sooner terminated as herein provided, the portion of the premises of the Lessor Lntsossts.._ t Vold County, . Qsloss$o , shown . otlltliat..iy yellow liars on the plat, or described in the description,' or both, hereto attached and hereby made a part hereof; RESERVING, however, to the Lessor the right to place and maintain at prominent places on the leased premises signs advertising Union Pacific Railroad. It is agreed that no improvements placed upon the leased premises by the Lessee shall become a part of the realty. Section 2. The Lessee agrees to pay to the Lessor for the use'of said premises rental at the trate of ilan. tnint..�l�i...11.110011M. ...aw_..as....ax...r,....ane...r....are.....w....r....r....,x....ra.Dollars ($. "je,QQ) per annum, payable opo{ylly in advance. Acceptance of said rental in advance by the Lessor shall not act as a waiver of its right to terminate this lease as hereinafter provided. The Lessee further agrees to pay, before the same shall become delinquent, all taxes levied during the life of this lease upon the leased premises and upon any buildings and improvements thereon, or to reimburse the Lessor for sums paid by the Lessor for such taxes, except taxes levied upon the leased premises as a component part of the railroad property of the Lessor in the state as a whole. If, during the life of this lease, any street or other improvement, whether consisting of new construction, main- tenance, 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 leased premises, the Lessee agrees to pay in addition to the other payments herein provided for — (a) six per cent (6%) per annum on the amount so assessed against or assignable to the said premises when ex- penditures by the Lessor for such improvements are properly chargeable to capital account under the account- ing rules of the Interstate Commerce Commission current at the time; (b) the entire amount so assessed against or assignable to the said premises when expenditures for such improve- ments are not properly chargeable to capital account under said accounting rules. Section 3. The Lessee covenants that the leased premises shall not be used for any other purpose than for._._....._ isesptrI i $.s'( ....____......_...—.__._.__._..,._.,_.and agrees that if Abandonment. the Lessee abandons the leased 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. Use for Unlawful Purposes Prohibited. Indemnity. Section 4. The Lessee agrees not to let or sublet the leased premises, in whole or in pan, or to assign this lease without the consent in writing of the Lessor, and it is agreed that any transfer or assignment of this lease, whether volun- tary, 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. Section S. It is especially covenanted and agreed that the use of the leased premises or any part thereof for any unlawful or immoral purposes whatsoever is expressly prohibited; that the Lessee shall hold harmless the Lessor and the leased premises from any and all liens, fines, damages, penalties, forfeitures or judgments in any manner accruing by reason of the use or occupation of said premises by the Lessee; and that the Lessee shall at all times protect the Lessor and the leased premises from all injury, damage or loss by reason of the occupation of the leased premises by the Lessee, or from any cause whatsoever growing out of said Lessee's use thereof. Care of Premises and Improvements. Liens. Clearances. Explosives and Inflammables. No Construc- tion by L Over or Under Track& Liability of Lessee for Breach. No Other Railroad to Use Tracks. Fire Damage Release. Water Damage Release. Section 6. The Lessee hereby covenants and agrees that any and all buildings erected upon the leased 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 such building shall be of fire -resistive material; that when such buildings are without 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 on said premises shall be used for displaying circus posters or any signs or adver- tisements 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 he 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 the Lessee fails so to do the 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. Section 7. The Lessee shall, when due and before any lien shall attach to the leased premises if the same may lawfully be asserted, pay all charges for water, gas, light and power furnished, and for rental or use of sewer facili- ties serving, the leased premises, and shall fully pay for all materials joined or affixed to said premises, and shall pay in full all persons who perform labor upon said premises, and shall not permit or suffer any mechanic's or material - man's or other lien of any kind or nature to be enforced against said 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 and hold harmless the Lessor and its property 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 or other things furnished. Section 8. No building, platform or other structure shall be erected or maintained and' no material or obstruction of any kind or character shall be placed, piled, stored, stacked or maintained closer than eight (8) feet six (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 hereinbefore pro- vided shall, with reference to platforms four (4) feet or less in height, be increased horizontally six (6) inches, and with reference to all buildings, platforms, structures and other obstructions greater than four (4) feet in height shall be in- creased horizontally one (1) foot; and PROVIDED further that if by statute or order of competent public authority greater clearances shall be required than those provided 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. Section 9. It is further agreed that no gunpowder, gasoline, dynamite, or other explosives or inflammable 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 indicated 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 purposes; 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. Section 10. The Lessee shall not locate or permit the location or erection of any poles upon the property of the Lessor, nor of any beams, pipes, wires, structures or other obstruction over or under any tracks of the Lessor without the consent of the Lessor. Section 11. The Lessee shall be liable for any and all injury or damage to persons or property, of whatsoever nature or kind, arising out of or contributed to by any breach in whole or in part of any covenant of this agreement. Section 12. No railroad company other than the Lessor shall be allowed to use any track owned or built by the Lessor now or hereafter upon or extending to any part of the leased premises without the permission in writing of the Lessor. Section 13. It is understood by the parties hereto that the leased 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 assumes all risk of loss or destruction of or damage 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 connected with or incidental to the occupation thereof, and any incidental loss or injury to the business of the Lessee, where such loss, damage, destruc- tion or injury 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 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 otherwise, 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 demand which any insurer of such buildings or other property may at any time assert, or undertake to assert, against the Lessor. Section 14. The Lessee hereby releases the Lessor from all liability for damage by water to the leased premises or to property thereon belonging to or in the custody or control of the Lessee, including buildings and contents, regardless of whether such damage be caused or contributed to by the position, location, construction or condition of the railroad, road- bed, tracks, bridges, dikes, ditches or other structures of the Lessor. Termination on Default. Termination by Notice. Vacation of Premises. Removal of Lessee's Property. Special Provisions. Successors and Assigns. Section 15. It is ther agreed that the breach of any covenant, stir .ion or condition herein contained to be kept and performed . ,e Lessee, shall, at the option of the Lessor, forth work a termination of this lease, and all rights of the Lessee hereunder; that no notice of such termination or declaution of forfeiture shall be required, and the Lessor may at once re-enter upon the leased premises and repossess itself thereof and remove all persons therefrom or may resort to an action of forcible 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 condition of this lease shall not impair the right of the Lessor to avail itself of any subsequent breach thereof. 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 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 pre- paid, 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. Section 17. The Lessee covenants and agrees to vacate and surrender the quiet and peaceable possession of 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 belonging to the Lessor; and (b) restore the surface of the ground to as good condition as the same was in before 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 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 expiration 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 remove, 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 restoring the surface of the ground as afore- said, then the Lessee shall reimburse the Lessor for the deficit within thirty days after bill rendered. Seettea 17-a This leap is made subject to all outstanding superior rights, including, but not limited to, rights of way for hi#wsls and for never and ooewatniostion lines, and the right of the Lesser to renew and extend such outstanding ruts. Section 18. Subject to the nprovisions of Section 4 hereof, this agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first herein written. Wiper Witness: andpv ATTEST: ,/ �, COUNTY LERK Deputy bounty Clerk (Seal) UNION PACIFIC 1&I'• '1 By General Manager. OOtnT ©7 VSD, S?ATh OP COLORADO CDNANT Hello