HomeMy WebLinkAbout20133518.tiffRESOLUTION
RE: APPROVE ASSIGNMENT OF COMPRESSED NATURAL GAS STATION
AGREEMENT FROM ELA INC. (ZEIT ENERGY, LLC) TO WARD ALTERNATIVE
ENERGY LLC
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 entered into two separate design/build turnkey operation
agreements to install equipment for two Turnkey Compressed Natural Gas (CNG) Fueling
Stations with Zeit Energy LLC (as successor to ELA Incorporated) located at Kramer's Wedge
Store (103 Hill Street, Kersey, CO 80644) and the North Station (7984 US 85, Fort Lupton, CO
80621) by Agreements #2012-0036 (Kersey, CO) and #2011-2793 (Fort Lupton, CO), and
WHEREAS, among other requirements Zeit Energy is required to ensure that the
installed equipment remains on the property for a minimum of five years, and
WHEREAS, Zeit Energy is the owner of the assets at the CNG Fueling Stations located
in Kersey, CO and Fort Lupton, CO and desires to sell, and Ward Alternative Energy desires to
purchase all of Zeit Energy's CNG assets relating to the CNG Fueling Stations, and each has
requested that the County approve of the assignment of such assets, and
WHEREAS, the County has no contractual or other authority to establish the retail price
of CNG at the CNG Fueling Stations and Zeit Energy (and Ward Alternative Energy after the
sale and assignment of assets) has the right to establish the retail price of CNG at the CNG
Fueling Stations, and
WHEREAS, after review, the Board deems it advisable to approve said assignment.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Assignment of the Agreements between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
ELA, Inc. / Zeit Energy, LLC, be, and hereby is, approved and Ward Alternative Energy shall
have the right to establish the retail price of CNG at the CNG Fueling Stations.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign appropriate documents.
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2013-3518
EG0068
ASSIGNMENT OF COMPRESSED NATURAL GAS STATION AGREEMENT FROM ELA, INC.
(ZEIT ENERGY, LLC) TO WARD ALTERNATIVE ENERGY, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of December, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EXCUSED
liam F. Garcia, Ch
Weld County Clerk to the Board
ugla- Rademach- , Pro-Tem
BY:
puty Cle
APPROV
Freeman
the Boa
Attorney
rbara Kirkmeyer
Date of signature:
2013-3518
EG0068
IT ENERGY
4t ;.IVELINC SERVICES
VIA HAND DELIVERY
County of Weld November °22„20''I
Attn: Elizabeth Re1f iti
P.O. Box 758
Greeley, CO 80632-7$8
RE: (1) NOTICE OF ASSIGNMENT OF RIGHTS AND OBLIGATIONS BY AND
BETWEEN WELD COUNTY AND ZEITENERGY, LLC TO WARD
ALTERNATIVE ENERGY, LLC
(2) REQUEST FOR CONFIRMATION FROM WELD COUNTY THAT
ASSIGNEE, WARD ALTERNATIVE ENERGY, LLC, HAS TILE RIG -BT TO
ESTABLISH THE RETAIL PRICE OF CNG SOLD
Dear Ms. Relford;.
Zeitl nergy, LLB; (the "Company") is ;seeking: to assign two CNG fuelingstations located at 7984
US: Highway 85, PorfLttptOn,. CO 8.0.621 and 107 Hill Street, Kersey, CO 80644 (collectively "CLANG
Assets") to Ward Alternative Energy, LLC. Pursuant tothe assignment, ZeitEnergy respectfully
requests 'the t Jlgwing.from Weld Coimty:
1.. Acknowledgment 'by Weld County in writing that the County Consents to ZeitEnergy, TLC
assigning the CNG Assets and till agreements and obligations between ZeitEnergy, LLC and the
County to Ward Alternative Energy, LLC, and,_that upon assignment Weld county sball look
solely to Ward Alternative.En'ergy6LLC for any and all obligations, remedies and rights arising
out of agreements and obligations 'between the County and ZeitEnergy.
2. Acknowledgement by' Weld County in writing that. the County shall permit Ward Alternative
Energy, LLC to establish the retail price of CNG sal by or through the CNG Assets.
Please contact us with any questions you may have.
Sincerely,
Clint Beauchamp.
2013-3518
1717 McKinney Avenue, Suite 700, Dallas, TX 75202, ph.817-223-1401
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