HomeMy WebLinkAbout650142.tiffA•
TO SIGN LEASE WITH UNION
PACIFIC RAILROAD FOR DISTRICT
NUMBER ONE - L. D. NO. 20433:
WHEREAS, the Union Pacific Railroad Company has tendered to Weld County,
Colorado, a lease extending to and including June 30, 1970, the terms of said lease
supersede that of a certain lease dated October 24, 1927, wherein the Union Pacific
Railroad Company leased to Weld County, Colorado, a site for the Ault Shop at Ault,
Colorado, said lease being described more particularly as follows to -wit:
Original Lease:
Effective Date:
Expiration Date:
October 24, 1927
July 1, 1927
June 30, 1932
Supplements, including extension riders:
June 13, 1932
May 24, 1937
May 29, 1942
April 25, 1947
April 26, 1952
May 22, 1957
May 13, 1958
June 8, 1959
June 24, 1960
May 17, 1961
June 6, 1962
May 15, 1963
May 13, 1964
Superseded by L. D. No. M 20433
Audit No. 34428 dated May 12, 1965
Termination date: June 30, 1970.
and,
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has
considered carefully said agreement, and believes it to be in the best interests of
the County to accept said agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of
Weld County, Colorado, that the terms of the agreement submitted by the Union Pacific
Railroad Company be and the same is hereby accepted.
The above and foregoing resolution was, on motion duly made and seconded,
adopted by the following vote:
,,,„y )
DATED: MAY 12, 1365 THE BOARD OF COUNTY COMMISSIONERS
APPROVED:irlSvrci"`�
} - County Attorneyen) A 3 7.44
f/
Y/
WELD COUNTY, COLORADO
650142
l D .57A/dog
FORM 2209
Diva. No,.
Audit No -
lama Den. No.N-
Date.
Parties.
Lease.
Term.
Location.
LEASE
THIS AGREEMENT, made and entered into this
UNION PACIFIC RAILROAD COMPANYby and between
................... .
h
a corporation of the State of
of the first part, and COUNTY OF WELD,. STATE OF COLOMDP....
12th day of
May
19 65
(hereinafter called "Lessor"), party
Improvements.
Rental.
Taxes.
ping on the
Roth
(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 -
1st day of _ �Y ,14.1 ., and extending to and including the
day of ...
Jst
the portion of the premises of the Lessor
, 1970, unless sooner terminated as herein provided.
at
Ault
...... Weld. .._County, Cfalirado , shown. Qutll,ssml; by vale Ilsas
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 ]eased 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 rate ofTVINT.
Y-flYE AND NO/10Q-----•----- *Dollars ($ 2540 ) per
annum, payable
Wills 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 anon any buildings and inn provements thereon. or to reimburse the Lessor for sums
paid by the Lessor for such taxes, except taxes levied upon the leased o remises 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, main-
tenance, repairs, renewals, or reconstruction, shall be nettle. the whole or any portion of the cost of which is assesses
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 (b%) per annum on the ammmt o assessed against of 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: hen (b) ttee entire amount so nts [ssessed against
al account und or ,issignahle to te said premises
said accounting rulscxpendihrres for such are improve -
not properlychargeable tocapital
Use of Leased Section 3. The Lessee covenants that the leased premises shall not be used for any other purpose than for
Premises.
mead Aystpsslt maintenance 'herr .. - 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 Section 4. The Lessee agrees not to let or sublet the leased premises, in whole or in part. or to assign this lease
Suwithout the consent in writing of the Lessor, and it is agreed that any transfer or assignment of this lease, whether volun-
Assign or without such consent ill writing, shall he absolutely void and, at the option of the
Assign. nary, by operation of law or otherwise,
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 for any
Unlawful unlawful or immoral purposes whatsoever is expressly prohibited: thatf the Lessee
es judgments shall
[oldn any mannee accruing and
nd
Purposes the leased premises front any and all liens, fines, damages, penalties,
Prohibited, reason of the use or occupation of said premises by the Lessee: and that the Lessee shall at all times protect the Lessor
Indemnity. 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.
Section 6. The Lessee hereby covenants and agrees that any and all buildings erected upon the leased premises shall
Care of be painted by the Lessee a colorsatisfactory to the Lessor, and shall at all times be kept in good repair; that the roof of
Premises and each such building shall be of fire -resistive material; that when such buildings are without solid foundation the openings
Improvements. 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 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 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 materiald
-
man's or other lien of any kind or nature to be enforced agait said premises
for
any
nowork
d done
y and bomaterials
flemleshed
thereon at the instance or request or on behalf of the Lessee; and the Lessee agrees
tLessor 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 ad prwio-
vided shall, with reference to platforms four (4) feet or less in height, be increased horizontally six (6) inches,
h
Clearances. 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.
Explosives and
Section 9. It is further agreed that no gunpowder, gasoline, dynamite, or other explosives or inflammable material
Inflammables. gasoline
be pod e eupon the leased t premises. Nothing herein contained, samhto oweveq shall ,s prevent dicatthe stotion of oil or
gasoline upon the leased premises when the purpose for which the same are 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.
No Construe- Section 10. The Lessee shall not locate or permit the location or erection of any poles upon the property of the
lion by Lessee Lessor, nor of any beams, pipes, wires, structures or other obstruction over or under any tracks of the Lessor without the
Over or Under 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 whatsoever nature
Lessee for or kind, arising out of or contributed to by any breach in whole or in part of any covenant of this agreement.
Breach
No Other Section 12. No railroad company other than the Lessor shall be allowed to use any track owned or built by the
Railroad to Lessor now or hereafter upon or extending to any part of the leased premises without the permission in writing of the
Use Tracks. Lessor.
Fire Damage Section 13. It is understood by the parties hereto that the leased premises are in dangerous proximity to the tracks
Release. of the orand to sat eay reason thereof there will be constant danger of injury and damage by fire, and the Lessee accepts
this lease subject
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, damawge,herge, ssuch
destruc-
tion or injury is occasioned by fire caused by, or resulting from, the operation of the railroad of the Lessor,
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,
Liens.
Water
Damage
Release.
Termination Section 15. 1 further agreed that the breach of any covenant, nlation or condition herein contained to be
on Default. kept and perform y the Lessee, shall, at the option of the Lessor, fc ith work a termination of this lease, and all
rights of the Lessee uereunder; that no notice of such termination or declaration 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 prorata 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.
Termination
by Notice.
Vacation of
Premises.
Removal of
Lessee's
Property.
Special
Provisions.
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.
Section 17A. This lease is wade subject to all outstanding superior
rights, taaldiug. but set limited to. rights of say for highways sad for
poser as! CAMMI lutist liars, sad the right of the Lessor to renew suck
outottdiag rights sad to satoad the tern thereof.
Successors Section 18. Subject to the provisions of Section 4 hereof, this agreement shall be binding upon and inure to the
and Assigns. 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.
UNICS PACIFIC RAILROAD CC$$PANY
Witness: ( /
Witness:
General Manager.
COUNTY OF WELD, STATE OF COLORADO
Attests
''l77_ L
VOWIty Mark
Clri o1 Setsd!� y giowrs
(Affix Seal)
RESOLUTION
WEREEAS, the UNION PACIFIC RAILROAD COMPANY has tedered is
the COUNTY OF VELD, STATE OF COLORADO a leas esvesia$ a pored of grand
en the Railroad Company's right el roy, at Aelt► Colored*, fors site
talk is is be used ter seed equipment ssists ssea steps.
WHEREAS, the Board of County Commissioners of
has said proposed agree-
ment before it and has given it careful review and consider-
mation; and
WHEREAS, it is considered that the best interests
of said County of Weld
will be subserved by the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF VELD COUNTY, COLORADO.
That the terms of the agreement submitted by Union
Pacific Railroad Company as aforesaid be and the same hereby
are accepted in behalf of veld Couets► Coles#
That the Chairman of the Board of County Commission
ers of said County hereby 1s authorized, empowered and direc-
ted to execute said agreement on behalf of said County, and
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.
veld C.ntr► C.iead.
STATE OF Ct*ADO
COUNTY OF WELD
I, Ann Sport.
as
, County Clerk of the
County of Vold, Grieved* , 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 Vald► talent , at a meeting
held according to law at Greeley, Colorado , on
the 12th day of May , 19 65, as the
same appears on file and of record in this office.
IN TESTIMONY WHEREOF, T have hereunto set my hand
and affixed the seal of the County of void. Gloved.
, this 12th day of May , 19 65,
(.L is Z ?2.: -/Lcc— I -). L.
(SEAL) Wei County
C; Colorado
County of
Cnty
.
.
-+— 13'x.1 FT. To T Q R C -s W
Q•
4
4D
Co..).. T W
- u.
!HI tE K1.S L CU
win bpta 33 ►S4Sc
6P1211 1141S
r
•
EXHIBIT "A"
II.P.R.R.00.
OOE .04T`,'4AM i *LT&LP,.
v�. LAW.°• I. _.
NC G Sw0
•
'4
Ault, Colorado
Weld County
46
Lease to County of Weld
Scale: 1" - 10O1
Office of Division Engineer
Cheyenne, Wyo. April 2$, 1965
*LEGEND*
Lease outlined Yellow
R.R. Co. VW Red
•
Hello