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Home My WebLink About740087.tiff RESOLUTION WHEREAS, the UNION PACIFIC RAILROAD COMPANY has tendered to the COUNTY OF WELD, STATE OF COLORADO, a lease covering a portion of the right of way of the Railroad Company to be used for a maintenance shed at Fort Lupton, Colorado, said lease being identified as OMA-2355; and WHEREAS, the Board of County Commissioners of Weld County Colorado, has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests of said County of Weld, State of Colorado, will be subserved by the acceptance of said agreement; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that the terms of the agree- ment submitted by Union Pacific Railroad Company as aforesaid be, and the same hereby are accepted in behalf of Weld County, Colorado. BE IT FURTHER RESOLVED, that the Chairman of the Board of County Commissioners of said County hereby is authorized, empowered and directed to execute said agreement on behalf of said County, and that the County Clerk hereby is authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. STATE OF COLORADO ) ss. COUNTY OF WELD I, Lee S. Shehee, 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 the County of Weld, State of Colorado, at a meeting held according to law at the office of the Board of County Commissioners in Greeley, Colo- rado, on the 23rd day of October, A.D., 1974, as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the County of Weld, State of Colorado, this 23rd day of October, A. D. , 1974. County Clerk of the 6ounty of Weld State of Colorado. • Y EGOOIJ / )Y - `. OO FORM 22O9 :CoS s'02;C. S. 3-74--1M No Audit No OMA'Z355 No LEASE Date. THIS AGREEMENT, made and entered into this.... .day.day ofw 01ZreAb 6'r , 1974 , Parties. by and between UNION PACIFIC RAILROAD AY a corporation of the State of f �p��1�I�Utab - (hereinafter called "Lessor"), party of the first part, and WELD COUN+ , STAZ 07 COURADO R (hereinafter called "Lessee"), party of the second part, WIT NESSETH: Lease. 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 for a term begin- Term. ning on the let day of November ,, 19-74., and extending to and including the 31st day of October , 19 79, unless sooner terminated as herein provided, Location. the portion of the premises of the Lessor • at fort Lupton Weld Colorado outlined by yellow lines County, , shown 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. Improvements. It is agreed that no improvements placed upon the leased premises by the Lessee shall become a part of the realty. Rental. FIFTY 2. The Lessee agrees M to pay to the Lessor for the use of said premises rental at the rate of 4° flfl! AND N©/100 Dollars ($ 50.00 ) per annum, payable annually 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. Taxes. 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. 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 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 f'liven per cent (11x) per annum on the amount so assessed against or assignable to the said premises when expenditures by the Lessor for such improvements are properly chargeable to capital account under the 'accounting 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. Use of Leased Section 3. The Lessee covenants that the leased premises shall not be used for any other purpose than for Premises. a maintenance abed 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 Sublet or without the consent in writing of the Lessor, and it is agreed that any transfer or assignment of this lease, whether Assign. 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 for any Unlawful unlawful or immoral purposes whatsoever is expressly prohibited; that the Lessee shall hold harmless the Lessor and Purposes the leased premises from any and all liens, fines, damages, penalties, forfeitures or judgments in any manner accruing by 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 color satisfactory 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. Liens. Section 7. The Lessee shall, when due and before any lien shall attach to the leased premises if the same may lawfully he 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 dime 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 against and from 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. Superior Section 8. This lease is made subject to all outstanding superior rights, including, but not limited to, rights of way Rights. for highways and for power and communication lines, and the right of the Lessor to renew such outstanding rights and to extend the term thereof. Section 9. 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 (1) feet or less in height, be increased horizontally six (6) inches, and with Clearances. reference to all buildings, platforms, structures and other obstructions greater than four (4) feet in height shall be in- creased horizontally one (I) 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 9, then the Lessee shall strictly comply with such stature 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 10. It is further agreed that no gunpowder, gasoline, dynamite, or other explosives or inflammable material Inflammables. 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 he used,as indicated by Section 3 hereof, contemplates such storage; nor the storage of oil of 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 11. The Lessee shall not locate or permit the location or erection of any poles upon the property of the tion 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. Section 12. The Lessee shall be liable for any and all injury or damage to persons or property,of whatsoever nature Liability of or kind, arising out of or contributed to by any breach in whole or in part of any covenant of.this agreement. Lessee for Breach. No'Other Section 13. 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 14. It is understood by the parties hereto that the leased premises are in dangerous proximity to the tracks Release. 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 against and from 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. Water Section 15. The Lessee hereby releases the Lessor from all liability for damage by water to the leased premises or to Damage property thereon belonging to or in the custody or control of the Lessee, including buildings and contents, regardless of Release. 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 Section 16. It is " 'ier agreed that the breach of any covenant, stipu& -t or condition herein contained to be on Default. kept and performed b, Lessee, shall, at the option of the Lessor, forthw: >rk a termination of this lease, and all rights of the Lessee hereunder; that no notice of such termination or declarar,.,o 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 17. This lease may he terminated by written notice given by either the Lessor or the Lessee to the other Termination by Notice. parry 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 copythereof 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. Vacation of Section 18. The Lessee covenants and agrees to vacate and surrender the quiet and peaceable possession of the leased Premises. premises upon the termination of this lease howsoever. Within thirty (30) 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; Removal of and (b) restore the surface of the ground to as good condition as the same was in before such structures were erected, Lessee's including, without limiting the generality of the foregoing, the removal of foundations of such structures, the filling in Property. 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 (30) 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 (30) days after the termination of this lease, become and thereafter remain the property of the Lessor; and if within one (I) year 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 (30) days after bill tendered. Special Provisions. Successors Section 19. 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. UNION PACIFIC RAILROAD COMPANY Witness:C.-8/ >e../ r r � fr" L.'L t.`%. w,..._._ By- General Manager. WILD CO , STATE OF COLORADO Witness: __-- l Attest: S* h rd Of t,VrVMRI�y County Cletkk[ (Affix Seal) VI a. r 11 �o 0 a .. ' - _ 150'� _ i .— Sti I Le... Are.. 22,100S7.1.1. 4.52 Acre ri 2/' 500 G.i Wc.Ln k, 1397+?2.6 - { h,/1 - . • ; 96.5 h,ic ;rji F1 e. %.‘,-. 20$ `4t ,i I l• e 3 ,- e w ; N N EXHIBIT "A" m ! U.P.R.R.CO. Fort Lupton, Colorado Opp M.P. 26.47 DPML $ .• h Weld County a Lease to Weld County, Colorado 0 v Scale: 1"-100' Office of Division Engineer Cheyenne, Wyoming Sept. 12, 1974 * LEGEND * Lease area outlined Yellow R.R. Co. R/J1 Red 1 Form 2552 4-62-100M UNION PACIFIC RAILROAD COMPANY Industrial Engineer's Office 1735 19th Street WELD COUNTY COMMISSIONERS Denver, Colorado 8O2O2 o C IVE DEC 101974II December 9, 1971+ CREIEY, COLO. File: A-2d Weld County Commissioners P. 0. Box 758 Greeley, Colorado 80631 ATTENTION: Mr. Roy Moser Commissioner Dear Mr. Moser: Reference previous correspondence concerning lease with Weld County covering a site for a maintenance shed at Fort Lupton, Colorado. Attached hereto fully executed copy of lease OMA 2355 for your file. Sincerely, UNION PACIFIC RAILROAD F. B. TRUESDELL Industrial Engineer FBT/lff Attach. -. WELD COUNTY COLORADO ,r For For Action To Dote October 21 , 1974 For Info To Sam Tel pp Your Action Or Reply Is Required Subject: On Or Before Attached is a proposed lease from Union Pacific for a maintenance shop at Fort Lupton. Would please review this lease and return it to Commissioner Moser. el1/44-14a4“4:ter Richard L. Straub mfm CC: Commissioner Moser Form 2552 4-62-I00M UNION PACIFIC RAILROAD COMPANY Industrial Engineer's Office 1735 19th Street Denver, Colorado 80202 W" 7.'_'"TY COMMISSIONERS r1 ,15-Pyi ;1UN October 17, 1974 0CT 181974 IL File: A-2d GREELEY. COLO. Weld County Commissioners P. 0. Box 758 Greeley, Colorado 80631 ATTENTION: Mr. Roy Moser, Commissioner Dear Mr. Moser: This has reference to your request for proposed lease with Weld County for a maintenance shed at Fort Lupton, Colorado. Attached hereto are duplicate originals of Lease 0MA 2355. Please execute and return both copies to me as soon as possible. Also attached is Resolution for execution by Weld County. Please make check payable to Union Pacific Railroad Company. Sincerely, UNION PACIFIC RAILROAD h , F. B. TRUESDELL Industrial Engineer FBT/lff . Attach. Hello