HomeMy WebLinkAbout270004.tiff s.
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Form 2269.
X 52.49 , a :.j 0 ep �70:'l..46 i4;►:r ./
i v n No.. Audit No
LEASE
Date. THIS AGREEMENT,made and entered into this thy of.. i
Parties. by and between U I 011..1%0.RI.C..RAILRQAA t'.o\l i'ANY
a corporation of the State of #R (hereinafter called "Lessor"). party of the
first part, and GQ411 .At•W&S4
St .re of Colorado
."f (hereinafter called "Lessee"),party of the second part,WJTNESSETH:
Section 1. The Lessor,for and in consideration of the covenants and payments hereinafter mentioned, to be
Ott performed and made by the Lessee,hereby agrees to lease and let and does hereby lease and let unto the Lessee for
•
Q• Term. a term beginning on the nitro t day of Ju1y 19..27, and extending to the
-P Fi VIA day of 4Ut1Y 19..32, unless sooner terminated as herein provided,
f Ault
Location. the following described portion of the premises of the Lessor at '
'
4 el4 County, CQ1QT.. Q , to wit:
tiN Beginning at a point which is one thousand three hundred
o twenty—three and one—tent* (1323.1) feet distant northwesterly
'♦ from the intersection of the North 1& a of Section Thirteen (13)
o • Township Seven (7) North, Range Sixty-six (66) West of the
. N Sixth (6th) Principal Meridian and the center line of the main
al track of the Northern Subdivision of the Lessor when measured
c3 ,1 along the center line of said main track and seventy-five and
- • five-tenths (75.5) feet di stant Northeasterly therefrom when
01 Description. measured At right angles thereto ; thence southeasterly and
parallel with the center line of said main track a distance of
o L eighty ( 80) feet, to a point; thence northeasterly and at right
angles to the center line of said main track a distance of
one hundred four and five-tenths ( 104.5) feet , to n point ;
E thence northwesterly and parallel with the center line of said
• main track a distance of eighty (80) feet to a point; thence
,° ._..t southwesterly and at right angles to the center line of said
a ot main track a distance of one hundred dour and five-tenths ( 104.5)
! .rs feet to the point of beginning, containing an Area of eight
a 0 thousand three hundred sixty (8360) square feet.
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Plat. (the premises so leased being shown in yellow
on the plat hereto attached.and made a part hereof).
Rental. Section 2. The Lessee agrees to pay to the Lessor for the use of said premises, rental at the rate of
Fifteen - - Dollars (8.....?.S)Q ) per
annum, payable 7 i1nt1` -1 y in advance, and also to pay as further rental, before the same shall become
delinquent,all taxes and assessments levied and assessed during the continuance of this lease upon any buildings or
improvements placed upon the leased premises. 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.
. . . 270004
Use of Leased The Lessee covenants that the leased premises shall not be used for any other purpose than for
Premises.
Shops 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 The Lessee agrees not to let or sublet the leased premises, in whole or in part, or to assign this lease without
Sublet or the consent in writing of the Lessor,and it is agreed that any transfer or assignment of this lease,whether voluntary
Assign.. or involuntary,without such consent in writing,shall be absolutely void and shall terminate this lease.
Use for it is hereby especially covenanted and agreed that gambling, lewd and immoral conduct upon the leased
Unlawful premises, and the use thereof for any unlawful purpose whatsoever,are,under the terms of this lease,expressly pro-
Purposes hi hit ed. :eel that no loose,rude or immoral characters shall be harbored or sheltered thereon,or permitted to loiter
Prohibited. upon,or frequent the leased premises,or any part thereof;and in the event any part of the leased premises are used
to any unlawful manner, or in any manner or for any of the purposes herein prohibited or proscribed, and a fine,
judgment,lien,penalty or forfeiture accrues therefrom to the damage or injury of the Lessor,or to the leased promi-
ses, ormany part thereof,then and in that event, the Lessee shall held harmless the Lessor and the leased premises
from any and all such liens, fines, damages, penalties, forfeitures or judgments;it being the intent hereof 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 Section 3. The Lessee hereby covenants and agrees that any and all buildings erected upon the leased pi em-
Premises and ises shall be painted by the Lessee a color satisfactory to the Lessor,and shall at all times be kept in good repair;
Improvements.that the roof of each such building shall he of fire-proof material;that when such buildings are without solid founda-
tion the openings between the ground and the floor thereof shall be covered with fire-proof material;that the leased -
premises shall during the continuance of this lease be kept by the Lessee in a neat and tidy condition and fret from
all straw, rubbish, or other material which would tend to increase the risk of fire,or give the station grounds 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 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 neatly written or printed and shall be properly maintained.
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
Clearances. (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 all tracks having a
curve tare greater than ten (10) degrees the clearances hercinbefore provided shall, with reference to platforms four
(4) feet or less in height, he 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 increased horizontally one (1) foot.
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 when opened would swing closer
limn eight (8)feet six (6)inches to the center line of the nearest track of the Lessor.
Explosives and it is further agreed that no gunpowder, gasoline, dynamite, or other explosives or inflammable material shall
Inflammables. 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 the second para-
graph of Section 2 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- The Lessee shall not locate or permit the location or erection of any poles upon the property of the Lessor,nor
tions by Lessee of any beams,pipes,wires,structures or other obstruction over or under any tracks of the Lessor without the consent
Over or Under of the Lessor.
Tracks.
Liability of The Lessee shall be liable for any and all injury or damage to persons or property, of whatsoever nature or
Lessee for 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 4. No railroad company other than the Lessor shall he 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 writing
Use Tracks. of the Lessor.
Fire Damage Section 5. It is understood by the parties hereto that the leased premises are in dangerous proximity to the
Release. tracks of the Lessor,and that by reason thereof there will be enlist ant danger of injury and damage by fire, and the
Lessee accepts tins 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 connected
with or incidental to the occupation thereof, and any incidental loss or injury to the business of the Lessee, where
such loss,damage, destruction or injury is occasioned by fire caused by,or resulting from, the operation of the rail-
road 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 Les-
see hereby agrees to indemnify and hold harmless the Lessor from and against all liability,causes of action,elai ms,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.
Water Section 6. The Lessee hereby releases the Lessor from all liability for damage by water to the leased premises
Damage or to property thereon belonging to or in the custody or control of the Lessee,including buildings and contents,
Release. 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 7. It is further agreed that the breach of any covenant,stipulation or condition herein contained to
on Default. be kept and performed by the Lessee,shall at once work a termination of this lease,and all rights of the Lessee here-
under;that no notice of such termination or declaration of forfeiture shall be requited,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 mid detainer,or any other action to recover the same.
Termination Section 8. Anything herein to the contrary notwithstanding, it is further agreed that this lease is made
by Notice. upon the condition that the Lessor may,at its option,determine and end the term hereby created,by giving to the
Lessee thirty (30)days'notice in writing to vacate and surrender the leased premises. Said notice may be given by
serving the Lessee personally or by posting a copy thereof on the outside of any door in any building upon the leased
premises.
Vacation of Section 9. The Lessee covenants and agrees to vacate and surrender the quiet and peaceable possession of
Premises. the leased premises at the expiration of the term hereof or at any time prior thereto after the Lessor shall have given
to the Lessee the notice provided for in Section 8 hereof. Within thirty(30)days after the termination of this lease,
Removal of howsoever,the Lessee shall remove from the premises all structures and other property not belonging to the Lessor,
Lessee's and shall restore the surface of the ground to as good condition as the same was in before such structures were erected,
Property. all at the expense of the Lessee. In case of the Lessee's failure so to do,all such structures and other property shall,
upon the termination of said thirty(30)days,become and thereafter remain the property of the Lessor.
Successors Section 10. It is further agreed that by the word "Lessee" is meant the party or parties of the second part
and Assigns. 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 arrangement 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 RAILROAD COMPANY
Witness:
•
Its Gen al Manager.
Witness: yy
4 L4 . CO.U'NTY..O ..STATE.
Attes .
County Clerk Chairman of Board of County
Commissioners.
RESOLUTION
WHEREAS, the UNION PACIFIC RAILROAD CO -ANY has
tendered to the COUNTY OF WELD, Colorado, a lease covering
a portion of the Railroad. Company ' s right of way at Ault,
Colorado, for shops; and
IEREAS, it is considered that the best interests
of said. County will be subserved by the execution of said.
lease;
THEREFORE, BE IT RESOLVED BY NLE BOARD OF CO.J-NTY
CO!.C:MISSI )HERS OF THE COUNTY OF "`ELI , COLORADO;
That the terms of said lease be and the same are
hereby accepted on behalf of said. County, and that the
Chairman of said Board of County Commissioners be hereby
authorized, empowered and directed to execute said lease on
behalf of said County and that the County Clerk be directed
to duly attest the same.
STATE OF COLORADO)
ss.
COUNTY OF WELD )
I, cX e , Cleric of the
COU PY 0.7 Will), COLORADO, hereby certify that the above and
foregoing is a true copy of a resolution adopted by the
Board of County Commissioners of said. CQwatj. ,.t a meeting
lawfully held on the �`, day of ` ;.r r _ ., , 1927 ,
at which a quorum was present, as the same appears on file
and of record in my office.
_ � /3 4
' ..' • \-----": +.:Jtia.S-,:a____,
Clerk of the County of e-ld,
Colorado.
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