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Home My WebLink About20100457.tiff 845 RESOLUTION RE: GRANT REQUEST FOR PLACEMENT OF A TEMPORARY WIND MONITORING TOWER, APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN, AND ACCEPT FORM OF COLLATERAL - GLOBAL WINDS HARVEST, INC. 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 has been presented with a letter, dated February 17, 2010, marked Exhibit "A", attached hereto and incorporated herein by reference, requesting approval for the placement of a wind monitoring tower to be used temporarily to determine whether the site is feasible for the placement of a utility-scale wind power project in Weld County, conditional upon a written agreement being executed between Global Winds Harvest, Inc., and the Board of County Commissioners, specifying the form of collateral and other terms for said tower on the privately owned Open A Spear Ranch, said real estate being more particularly described as follows: Part of the E1/2 NW1/4 of Section 18, Township 10 North, Range 64 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement concerning said wind monitoring towers and form of collateral between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Global Winds Harvest, Inc., 197 North Street Road, Argyle, New York, 12809, commencing March 3, 2010, with further terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with check#3133 from Global Winds Harvest, Inc., 197 North Street Road, Argyle, New York, 12809, in the amount of$5,000.00, and WHEREAS,after review,the Board deems it advisable to grant said request, as specified in Exhibit"A", approve said agreement, and accept said collateral as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Global Winds Harvest, Inc.,for the temporary placement of a wind monitoring tower, on the parcel of land described above, be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the Agreement for Placement of Temporary Wind Monitoring Tower between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Global Winds Harvest, Inc., be, and hereby is, approved, and the Chair is authorized to sign said agreement. BE IT FURTHER RESOLVED by the Board that check#3133 from Global Wind Harvest, Inc., in the amount of$5,000.00, be and hereby is, accepted. 1 111111 11111 111111 11111 IIIII III! 111111 III 11111 IIII IIII 3683845 03/30/2010 10:23A Weld County, CO 2010-0457 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder D� PL0073 CIO ' 1 L )en- OBMFL Ci o el c3 la-2O AGREEMENT AND COLLATERAL CONCERNING REQUEST FOR PLACEMENT OF A TEMPORARY WIND MONITORING TOWER - GLOBAL WINDS HARVEST, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of March, A.D., 2010. BOARD OF COUNTY COMMISSIONERS ELD COU OLORADO ATTEST: /u ' sat Nc nc (ler Douglas l ademac r, Ch it Weld County Clerk to the 2ficiy,„6- BY: c g� rbara Kirkme er, r -Tem Deputy Clerk to the Board �, r-7 Sean P. C w y APP D FORM: 2 Wil l Ghrcia ounty Attorney J David E. Long Date of signature: 340o MID 11111 DOD 11111 VIII IIII 1111111 III VIII IIII IIII 3683845 03/30/2010 10:23A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2010-0457 PL0073 AGREEMENT FOR PLACEMENT OF TEMPORARY WIND MONITORING TOWER THIS AGREEMENT("Agreement") is made and entered into this 3`d day of March, 2010, by and through the County of Weld, State of Colorado, acting through its Board of County Commissioners ("County") and Global Winds Harvest, Inc. ("Global Winds"),whose address is stated in the attached letter designated as Exhibit"A." WITNESSETH WHEREAS, Global Winds, by letter, dated February 17, 2010, requesting approval for the placement of a wind monitoring tower to be used temporarily to determine whether the site is feasible for the placement of a utility-scale wind power project in Weld County, on real estate being more particularly described as: Part of the E1/2 NW 1/4 of Section 18, Township 10 North, Range 64 West of the 6th P.M., Weld County, Colorado ("the Property"), said letter providing more information, and WHEREAS, Global Winds, in its letter of Exhibit A, has provided adequate proof and justification for the temporary placement of said wind monitoring tower in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the foregoing and the acceptance and approval of the following conditions, County and Global Winds agree as follows: 1. The above recitals are incorporated herein by reference. 2. Global Winds shall submit to County a final and complete USR application, when and if Global Winds decides to place wind turbines on the property permanently. 3. Global Winds shall provide to Weld County a performance guarantee cash deposit in the amount of Five Thousand and 00/100 ($5,000.00) ("Guarantee Deposit"). 4. Said Guarantee Deposit shall be held by the County pending final resolution and determination of a USR application. 5. If the USR is approved by County,the Guarantee Deposit shall be returned by County to Global Winds within ten(10) days of the recording of the USR plat in accordance with County procedures and requirements. 6. In the event the USR is not approved, Global Winds shall have six (6) months after final action to dismantle the temporary monitoring tower and return the Property to its existing condition. 7. Global Winds shall comply with all of the promises and covenants set forth in its letter of Exhibit A. 1 HMI 11111111111 11111 1111111111111111 III 111111111 IIII 3683845 03/30/2010 10:23A Weld County, CO 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder „7O/0-0 V57 Signed this 3`d day of March, 2010. WELD COUNTY ATTEST: :ir` ijf'?a� OUNTY OF WELD, a political Weld County Clerk to the Board \ subdivision of the STATE OF COLORADO: 18 ,T A By y Deputy C •rk to t'�� 4 ' c� Douglas ademacher, hairman N1 � Board of County Commissioners, County of Weld GLOBAL WINDS HARVEST, INC. By. Dan Albano, Vice President Development I111111VIIIIIIIIIVIIIVIIIIIII till IIIVIIIIlllI'll 3683845 03/30/2010 10:23A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Weld County Planning Department GREELEY OFFICE FIR 19 7(110 RECEIVED Global we nest, Inc. Wind Energy Development 17 February 2010 Weld County Commissioners 915 Tenth Street P.O. Box 758 Greeley CO 80632 Dear County Commissioners, My company, Global Winds Harvest, is currently evaluating the feasibility of a utility-scale wind power project in Weld County. As part of our initial evaluation we would like to erect a 50 meter (165ft)meteorological tower to collect data on local wind speed and direction. Toward this end we have a lease agreement in place with a private landowner to site the tower in a safe and unobtrusive location. As detailed in the enclosed documents, the tower will be assembled on-site and erected by means of a gin pole. There will be no concrete/subsurface foundation; the tower will instead sit on top of a heavy gauge steel plate. Four sets of guy wires will extend 164ft in four directions. These wires will be marked with brightly colored wire guards and each of the four anchor locations will be fenced within approximately 4'x4'x4' enclosures to keep cattle from rubbing against them. No FAA lighting is required because the tower will be under the 200ft height that triggers FAA scrutiny. The tower will be located on the privately-owned Open A Spear Ranch(T10 R64 S18). The exact legal description for the location is 10483 E2/NW4 18 10 64 (16L2R). Although the precise location has not yet been selected,the tower will not be erected within 250ft of a public road, a transmission line, or any other structure. These siting constraints will be easy to accommodate because the area in question is relatively remote and wide open. The contact information of the participating landowner is as follows: Open A Spear Ranch c/o Steve Anderson 25230 WCR 122 Grover, CO 80729 We would like to keep the tower in place for two years before having to seek authorization for a special use permit. We are also willing to discuss the necessity of posting some form of collateral to cover the cost of removing the tower once testing is complete. Global Winds Harvest, Inc. # 197 North Street Rd,Argyle,NY 12809 518-638-6938 3 dalbano@globalwinds.com 2010-0457 We appreciate your consideration of our request and look forward to answering any additional questions you may have. If a building permit is required as part of the county approval process we would appreciate your consideration of our application for that permit as well. 1.Cg Dan Albano Vice President Development Global Winds Harvest,Inc. c 197 North Street Rd,Argyle,NY 12809 518-638-6938 o dalbano@globalwinds.com Summary of 50m (165ft) Meteorological Tower NRG TallTowersM, the original tilt-up tubular towers, were first introduced in 1982 and quickly became the industry standard to quickly and easily get sensors up and into the wind to start measurements. TallTowers are delivered in complete kits, assembled on the ground and then tilted up and secured with guy wires. The NRG TallTower is of galvanized steel tube construction and is guyed at six levels in four directions. Sections slide together without the use of bolts or clamps. The tower is tilted up from the ground with a gin pole and winch (not included). Lifting of the tower is done by one set of guy wires (lifting wires) attached to the gin pole. The tower is stabilized sideways with two side guy wire sets. The base plate is hinged so both the tower and gin pole can pivot to the erected position. The 50-meter XHD NRG TallTower is a highly versatile meteorological tower designed specifically for wind resource measurements, is ice-rated for extreme climates, and exceeds EIA-222-F Standards. Superior design and sturdy galvanized steel tube construction make NRG TallTowers reliable and easy to transport to remote sites. Tower tube sections slide together, then tilt up from the ground using a ginpole and winch. Guy wires for the 50m tower extend 164ft in four directions. No cranes or concrete foundations are required for installation. NRG TallTowers are supported with aircraft cable guy wires and anchored with standard screw-in anchors (other anchor types are available for various soil conditions). Backed by NRG Systems' unrivaled engineering design, experience, and two year warranty. The 50 meter XHD tower includes a grounding kit and now ships with twenty-one bright yellow guy wire guards. '50m'OVERALL ERECTED HEIGHT 50.46m(165'-7.25') -, 10 LEVEL 5 9 BLUE 8 LABEL TEXT 46.5m(153') ERECTED HEIGHT 46.57m(157-925') 7 6 LEVEL 4 5 YELLOW LABEL TEXT 38 7m(12? 4 ERECTED HEIGHT 38.74m(1271 25-) 3 \ 2 LOOP EACH GUY WIRE THROUGH ANLEVEL 3 WITH WIRR E ROPEND CLIPS URE BLACK 1 TRANSITION WITH 3 WIRE . LABEL TEXT 31m 101' 16 U-BOLTS TO BE ON DEAD END ERECTED HEIGHT 30.9281(101%5 251 15 OF WIRE ROPE. TYPICAL 24 GUYS 14 LEVEL 2 13 WHITE 12 LABEL TEXT 23m(76') ERECTED HEIGHT 23.11m(75'-9.75') 11 10 8 LEVEL I 7 RED LABEL TEXT 11 7m(38') - t ERECTED HEIGHT I1 7581(38'-6.75') 5 43 11 2 1 13.91/(45'-71/71 -_J(GINPOLE LENGTH SEE SITE LAYOUT MAP 40.Orry(131'- 1 ' 22-] FOR ANCHOR LOCATIONS) 45.081/(147'-7 1/41 50.01W(1641 50m XHD NRG TallTowerTM Standard Footprint Representative photo of 50m tower (with logger box installed at shoulder height) . ,, l_ r - _ � Y'. ` � r _ �. , It t a SIN* 44` I - . s - t 14 '''tilt, ` : • • -,..` \ I \``. �`. \ � \\ill 1 _ 1 11 its ._____:‘; '-\\11 ..\\ s______ 2 \ \ \ ---"\.. \ 1 r \ / i ri CR118 \ r r ii ) \ —550 ft approx. location `500 1100ft r�/ t--\ c L. 0 ft iiimmimmaiNes'� 0 400 800 1200 1600 2000 a - • 1 1 i ' I Township Range Section proposed general 10 - 64 - 18 - location Legal Description _ 10483 E2.' lr4 18 10 64 (16L2R) � ., CR118EI Open A Spear Ranch 0 cc rn . v U CR118 I, r a> • Q' • U • fir :.o f n 7 r — — Image 7.. :'U'L C' tahc Iobc WIND MEASEUREMENT TOWER LEASE AGREEMENT This Wind Measurement Tower Lease Agreement(the"Lease") is made by and between Open A Spear Ranch ("Grantor") and Global Winds Harvest, Inc., a New York corporation, its successors and assigns(collectively,"GWH") individually each a Party,collectively the Parties. RECITALS WHEREAS, GWH proposes to build,and operate on property owned by the Grantor and located in Weld County, Colorado and as further identified in Exhibit A (the "Property"), a wind measurement tower (the "Tower"). The Tower will be used to gather meteorological data to be used by GWH to access the feasibility of a wind farm on the Property;and WHEREAS, Grantor's real property described on attached Exhibit A contains a site that GWH believes would be suitable for a Tower and potentially a wind farm;and WHEREAS, GWH desires to obtain from Grantor this Lease wherein Grantor agrees to allow the placement of one (I) Tower, allow access to the Tower during its placement on the Grantors' property for installation, service, and data transfer, and allow GWH to conduct other activities necessary for the installation of the Tower, including but not limited to boundary and topographical surveys,environmental studies, geotechnical soil boring and real estate title searches,and required federal,state,and local permitting(the"Studies");and WHEREAS, Grantor is willing to work in good faith with GWH in obtaining final lease and/or easement agreements for a potential wind farm on the Property. NOW,THEREFORE, for good and sufficient consideration, the receipt and sufficiency whereof are hereby mutually acknowledged, and in consideration of the mutual benefits and obligations of the parties hereunder,the parties agree as follows: I. Grant of Access. Grantor hereby grants to GWH and its agents and successors exclusive rights of access to the Property to conduct the Studies and install the Tower on the Property. 4 2. Construction of Tower. GWH hereby agrees to construct the Tower in a manner which minimizes the impact to the Property and to adequately fence each anchor point of the Tower's guy wires to prevent livestock from contacting said wires. GWH shall provide all materials and labor for the construction, installation, operation, maintenance and repair of the Tower, and upon termination or expiration of the Lease, to remove the Tower, all at its sole expense, 3. Terms of Lease. The Lease will be for a term of three(3)years. 4. Payments to Grantor. As full consideration for the Lease, GWH agrees to pay Grantor Annual rent of$1,500.00, due within 30 days of installation of the Tower, and every 12 months thereafter until the Lease is terminated as described below. GWH shall also pay the Grantor the fair market value for any crop or timber damage that may occur as a result of GW H's activities on the Property. 5. Cooperation on Permitting. If necessary, Grantor agrees to discuss and to cooperaively wok in good h with to submit applications to public authorities for permitst andotherrgovernmental tor regulatory Hauthorizat authorizations needed to construct the Tower and conduct the Studies. 6. Cooperation on Further Development. Grantor agrees to cooperate with GWH in the development activities of a wind farm project on the Property, such as allowing GWH to list the Property as a potential site for a wind farm, and allowing GWH to apply for permits and other governmental or regulatory authorizations needed to construct, operate and maintain a wind farm. 7. Termination of this Lease. GWH may terminate this Lease at any time by providing ten (10) days written notice to Grantor. Upon termination, GWH will remove the Tower and all associated equipment and, using commercially reasonable methods, restore the Property to its original condition. 8. Notices. All notices or other communications required or permitted by this agreement,shall be in writing and shall be deemed given or made when personally delivered. In lieu of such personal service, delivery shall be deemed complete five(5)days after deposit in the United States mail, first class, postage prepaid, certified, or one (1) business day after dispatch by Federal Express or other overnight delivery service of national scope,addressed as follows: If to Grantor: Open A Spear Ranch c/o Steve Anderson 25230 WCR 122 Grover,CO 80729 If to GWH: Global Winds Harvest, Inc. 103 Front St. Schenectady,NY 12305 518-280-2927 9. Grantors' Authority. Grantor is the owner of the Property and has the unrestricted right and authority to enter into this Lease. When signed by Grantor, this Lease constitutes a valid and binding agreement enforceable against Grantor in accordance with its terms. 10. Successors and Assigns. This agreement runs with the Property while the Lease is in effect and shall be binding upon the Grantor, their heirs, successors, and personal representatives. Neither party can assign their rights in under this Lease to a third party without 2 written consent of the other party, except that GWH can assign its rights to a Wind Farm Special Purpose Corporation or Limited Liability Company or Partnership or other entity, so long as the entity is fully or partially owned or controlled by GWH. 11. Indemnification. Each party agrees to reimburse, indemnify and hold harmless the other party and its employees,agents,subcontractors and their agents and employees, lessees, and optionees against and from all claims, demands,actions and liabilities whatsoever, including without limitation, reasonable attorneys' fees, court costs, and expenses, and also including any fine, penalty,cost,or charge being assessed, imposed or charged losses and liability incurred as a proximate result of any party's negligence relating directly to the subject matter of this Lease. 12. Insurance. GWH shall maintain or cause to be maintained comprehensive or commercial general liability insurance witasonablecoverage ny geomus for reorenjuries or death to one or more persons or damage to property resulting 13. Exclusivity and Lease Negotiation. Grantor agrees in good faith to cooperatively and exclusively work with GWH on the leases and/or easement documents pertaining to the Property and a wind farm. Grantor understands this is not an offer or commitment by GWH to conclude any leases,easements,or other agreements to involve Grantor or the Property in a wind farm. 14. No Partnership Created. Nothing contained herein shall be construed as constituting any relationship whatsoever other than that described in the above Recitals including,without limitation, partners or joint venture parties between Grantor and GWH. 15. Confidentiality. All terms and conditions of this Lease shall remain confidential by the Grantor and GWH. All data gathered is the exclusive property of GWH and is considered proprietary and confidential information. 16. Governing Law. This Access Agreement shall be construed and governed in accordance with the laws of the State of Colorado. Grantor:Open A Spear Ranch Global Winds Harvest,Inc. A New 7 corporati By: ,iO41` Anek.44-- By: Printed Name: 5+'e.:< 4,4 5 Goa Authorized Representative Date: / ' /O Date: -� /b' f(( / 3 EXHIBIT A Description of the Property Weld County,Colorado Tax Parcel#:029718000001 Township Range Section 10-64- 18 Legal Description 10483 E2/NW4 18 10 64(16L2R) 4 I. MIL - �� is - a - ■ Township Range Section ■ proposed general 1 0 - 64 - 18 location Le2a1 Description 10483 E? NW4 18 10 64 ( 16L?R) , 1/ CR 118 „ l ri Open A Spear Ranch -,.. ■ I• . _ . /J . t L..... . . , ...a t C-, �. • •8 CR 118 _ I co •r . et t t) r • i - • It, • Y V Q r . � � -a- . — - ImiggC % 2010Otj !alGlobe ii Esther Gesick From: Esther Gesick Sent: Monday, February 22, 2010 1:58 PM To: Michelle Martin Cc: Bruce Barker Subject: RE: Hey Michelle, Just spoke with Bruce and it was agreed that although this monitoring tower may be a little more temporary in nature, it will still be anchored,therefore, it would probably be best to go ahead and gain approval by the Board via Resolution. I'll get something drafted in preparation for the 3rd and send it to you and Bruce for review. Thanks! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)336-7215 X4226 (970)352-0242 (fax) From: Michelle Martin Sent: Monday, February 22, 2010 1:19 PM To: Esther Gesick Subject: RE: No I have not heard from Bruce regarding this issue. I hear he is very busy, would it be best if I contact one of the other County attorney's(Stephanie or Cyndy) ? Michelle Martin Planner III 918 10th Street Greeley,CO 80631 mmartin(a'co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 From: Esther Gesick Sent: Monday, February 22, 2010 8:55 AM To: Michelle Martin Subject: FW: Michelle, Just following up...did you get a response from Bruce on this? If so,what direction are we taking, so we know how to process the Agenda? Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street 1 Greeley, CO 80631 (970)336-7215 X4226 (970)352-0242 (fax) From: Esther Gesick Sent: Wednesday, February 17, 2010 1:05 PM To: Bruce Barker Cc: Michelle Martin Subject: FW: Bruce, I'm going to defer this question to you. I've looked around in CMMinutes and have found a couple of similar requests (see 2007-2880), but in those instances they were on actual concrete pads,there was collateral involved,etc. I'm not sure what type of action is necessary in this instance, if any.Thoughts? Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)336-7215 X4226 (970)352-0242 (fax) From: Michelle Martin Sent: Wednesday, February 17, 2010 8:02 AM To: Esther Gesick Subject: Esther, I have a gentleman Mr.Albano who would like to be added to the March 3 agenda to talk to the board about his request to put up a test tower, (see attached letter). Could we accommodate his request? The original letter is in the mail which I will forward to you once I receive it. Thanks for all your help. Michelle Martin Planner III 918 10th Street Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 2 Item Details Page 1 of 1 FAL' O Desktop Deposit t�_a_�t;t1 p Image Viewer Print �--1 Default Lighter Darker Invert tRotate Rotate tView Back is W Zoom in . . in • Zoom Out r Global Winds Harvest,Irw 3133 108 Frnnl 12 l venn Sheet 5ok[ele, dy,,NT 140J4 a - 2U SD I 1t 11 1 nAY rp TNF \k in b w G '% 41-7- 1` .... .. .. ... � piOEN OF t• "11/f`ti,—il41 YfiClt}P.LN. .. liCt_l]ULUJi1 ....- • Bank of America 600 State S Y.+1 StEF!1'ailY�Y•NY 1180'a I'/"1 Item ID:032310501922383 Deposit Account:IMMINIIIIISII Item Status: Deposit Complete Deposit Location: Item Type.Check Check No./Aux-On-Us RTN Check Account 003133 011000138 S Check Amount: $5,000.00 Print I Close Window ©Copyright 2005-2010 Wells Fargo.All rights reserved. 1.++....•ih.,onec1nnno t mad]efaran Pn,,,/A cklnt]n/viewrherknetni lc Acti on_dn?isnindex=2&inde... 4/9/2010 Hello