HomeMy WebLinkAbout20070426.tiff RESOLUTION
RE: APPROVE 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 February 8,2007,with further 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 21st day of February, A.D., 2007, nunc pro tuns February 8, 2007.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTQY, COLORA O
ATTEST: iLail
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avid E. Long, Chair
Weld County Clerk to the(Boa '
t.• ^' ice ?;4Villia � o Tem
BY: � `,/ - 2 -
Deputy Crk to the Board Ct £ t (
Wil ' m F. Garcia (1
APP S TO F Q \IVJ,/ -
Robert D. Masden
orney >
Date of signature: 3 5---c-7Dougl s Rademach r
2007-0426
EG0056
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BABCOCK&BROWN
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February 12, 2007
LE: 1 3 2007 !i
WELD COUNTY PUBLIC WORKS DEPT
Donald Carroll
Engineering Administrator
Weld County— Public Works Department
111 H Street
P.O. Box 758
Greeley, CO 80632-0758
Dear Donald,
Please find enclosed an original executed version of the amendment to the Road
Maintenance and Improvements Agreement in connection with the Cedar Creek wind
project. Please note that a separate original signature page of David Stoner's
signature will also be sent to your attention under separate cover. Please send the
County's signature page to my attention at:
2 Harrison Street, 6th Floor
San Francisco, CA 94105
Thank you for your continued cooperation.
Reg ,
Andy Murr
2007-0426
3j
FIRST AMENDMENT TO LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
This FIRST AMENDMENT, dated as of February 8, 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;
B. The County and Cedar Creek wish to provide for the amendment of the
Agreement to include CR 89 as an additional haul route, 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"89, 136"between the
number"87," and 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]
I IllMMI VIII VIII IIIIIII III DIN in III DEEM
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3461333 03/12/2007 01:29P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
�JOD - to-vor
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
Coun olorado
By:
Name: David E. Long FEB 2 1 2007
`; 1M 11e itle: Chair
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."uY C er t to th 1 Boa
- = S Depu Cle 1 to e Board
Cedar Creek Wind ergy,LLC
By:
N k ink A. l.l..
T le: Authoriz Signatory
By: six
Name: Va..Y 4. S4,nV
Title: Authorized Signatory
AIM 11111111111111111111 111111111111 III 111111111 III!
3461333 03/12/2007 01:29P Weld County, CO
2 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
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