HomeMy WebLinkAbout20070691.tiff RESOLUTION
RE: APPROVE SECOND AMENDMENT TO LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CEDAR CREEK
WIND 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 has been presented with an Amendment to the Long-Term Road
Maintenance and Improvements Agreement between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and Cedar Creek Wind Energy, LLC,310 Fourth Street N.E.,Charlottesville,Virginia
22902, commencing upon full execution, with terms and conditions being as stated in said
agreement, and
WHEREAS,after review,the Board deems it advisable to approve said amendment,a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Amendment to the Long-Term Road Maintenance and Improvements
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Cedar Creek
Wind Energy, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 19th day of March, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
1/ np WELD- OUNT6Y, COLORADO
ATTEST: , 11' I°zca �/ GnJ1 �'J> I
4 vid E. Long, Chair /
Weld County Clerk to the B;:ed I;: �":
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BY: ! ,t2�� Iliam I rk Pro-Tem
De y Cle Alt(
the Boar
Willi F. Garcia
A O DAS T
Robert . M s e
ounty Attorney
�J �/c Douglas ademach
Date of signature: /
2007-0691
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MEMORANDUM
WIDCTO: Clerk to the Board DATE: 3/14/2007
FROM: Donald Carroll, Public Works
COLORADO tit
SUBJECT: Agenda Item
Please submit this enclosed item for the Board's next agenda:
Second Amendment to Long-Term Road Maintenance and Improvements Agreement
Cedar Creek Wind Energy; WCR 125 and WCR 128
The appropriate documentation is attached.
Enclosures
pc: Planning staff
M:\FrancieWgendaDonald nonex doc
M: \Francie\AgendaDonald nonex. doc
2007-0691
CilickiniaL
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3464971
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on
R 0.00D 0.00 Steve Moreno Cl re k& Recorder
SECOND AMENDMENT TO LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
This SECOND AMENDMENT, dated as of March [I], 2007 ("Amendment"), is by and
between the County of Weld, State of Colorado ("County") and Cedar Creek Wind Energy, LLC
("Cedar Creek").
RECITALS
A. Whereas, County and Cedar Creek entered into that certain Long-Term Road
Maintenance and Improvements Agreement (the "Agreement"), dated as of November 15, 2006,
as amended by the First Amendment to Long-Term Road Maintenance and Improvements
Agreement, dated as of February 8, 2007;
B. The County and Cedar Creek wish to provide for the amendment of the
Agreement to include WCR 125 and WCR 128 as additional haul routes, on the terms and
conditions set forth in this Amendment.
NOW, THEREFORE, in consideration of the premises set forth above, and for other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the parties hereto hereby agree as follows:
1. Amendment. County and Cedar Creek hereby agree to amend the Agreement as follows:
The line beginning with the words "Haul Routes: WCR" in Section B of the section
of the Agreement entitled "Haul Route" is hereby amended by inserting "125, 128" before the
word"and".
2. Miscellaneous.
2.1 Counterparts. This Amendment may be executed in any number of counterparts
and by the different parties hereto on separate counterparts, each of which when so executed and
delivered shall be an original, but all of which shall together constitute one and the same
instrument.
2.2 Effect of Amendment. The Agreement is modified only by the express provisions
of this Amendment, and shall as so modified remain in full force and effect and is hereby ratified
and confirmed by County and Cedar Creek in all respects.
2.3 Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY, AND
CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF
COLORADO (EXCLUDING ANY CONFLICT-OF-LAW OR CHOICE-OF-LAW RULES WHICH
MIGHT LEAD TO THE APPLICATION OF THE INTERNAL LAWS OF ANOTHER
JURISDICTION).
[Signature page follows]
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3464971 03/28/2007
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
duly executed and delivered by their respective authorized officers as of the date first written
above.
Board of County Commissioners, Weld
County Colorado
By: avA Lat
/
Name: David E. Long, C air
Title: Chair gte4ATTEST: : 4“ , eta'
Clerk to the Board 1861 t rc,r,
BY: -' " a Deputy Clerk to the Boar
Cedar Creek Wind Energy, LLC
By:
Name:
Title: Authorized Signatory
By.
Name: Daniel M. Elkort
Title: Authorized Signatory
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