HomeMy WebLinkAbout20063182.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING WIND MONITORING TOWERS AND FORM OF
COLLATERAL AND AUTHORIZE CHAIR TO SIGN-COMPETITIVE POWER VENTURES
WIND LARAMIE COUNTY, 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, on or about October 25, 2006, the Board received a request for early release
of building permits for one tower to be used temporarily to determine whether the site is feasible
for the placement of a wind energy facility, conditional upon a written agreement being executed
between Competitive Power Ventures Wind Laramie County, LLC, and the Board of County
Commissioners, specifying the form of collateral and other terms, 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 Competitive Power Ventures
Wind Laramie County, LLC, 200 Union Boulevard, Suite 304, Lakewood, Colorado 80228,
commencing November 20, 2006, with further terms and conditions being as stated in said
agreement, and
WHEREAS, the Board has been presented with check#1472 from CPV Wind Ventures,
LLC, 8403 Colesville Road, Suite 915, Silver Spring, Maryland 20910, in the amount of$5,750.00,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said check 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 Agreement concerning two 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 Competitive Power Ventures Wind Laramie County, LLC, be,
and hereby is, approved.
BE IT FURTHER RESOLVED that check #1472 from CPV Wind Ventures, LLC, in the
amount of $5,750.00, be and hereby is, accepted.
2006-3182
CL•, , A F.-�C�v PL0073
is . -�)e�
AGREEMENT CONCERNING WIND MONITORING TOWERS AND FORM OF COLLATERAL
- COMPETITIVE POWER VENTURES WIND LARAMIE COUNTY, LLC
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 20th day of November, A.D., 2006.
I If, BOARD OF CO TY COMMISSIONERS
WELD COON , COLORADO
/ATTEST: 7d.: A�' 11�` C i � /% 4i,
M. J. G=i1e, Chair
Weld County Clerk to th ^re
/ 1e\
u NDavid E. Long, Pro-Tem
BY: iL$ .g L t
De. Cler to the board /
Wt am H. Jerke
APPROVED AS TO FORM:
Robert,. Masd
tiCQ!IP. f
Aat,Cou Atto rry �� U '`
Glenn Vaad
Date of signature: IIISap
2006-3182
PL0073
5j AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 20th day of
November, 2006 by and through the County of Weld, State of Colorado, acting through
its Board of County Commissioners ("County") and CPV Wind Laramie County, LLC.
("CPV").
WITNESSETH
WHEREAS, CPV, by the application dated 11/20/2006 ("Application") applied
for and requested the early release and issuance of a building permit for one (1) 60 meter
meteorological tower ("Met Tower"); and
WHEREAS, the Met Tower is to be located upon a parcel of land in the NE 'A of Section
21, Township 12N, Range 67W, in Weld County, Colorado ("Property"); and
WHEREAS, CPV, in the materials submitted to Weld County under the Application, has
provided adequate proof and justification of the early release and issuance of a building
permit for the Met Tower before the Met Tower can be considered by County under a
new Use by Special Review application ("New USR");
NOW, THEREFORE, in consideration of the foregoing and the acceptance and approval
of the following conditions, County and CPV agree as follows:
1. The above recitals are incorporated herein by reference.
2. CPV shall submit to the County a final and complete NEW USR application, and
such application to be filed not later than April 1, 2007.
3. CPV shall provide to Weld County a performance guarantee cash deposit in the
amount of Five Thousand, Seven Hundred, Fifty, and 00/100 Dollars ($5,750.00)
("Guarantee Deposit").
4. Said Guarantee Deposit shall be held by the County pending final resolution and
determination of the New USR application.
5. If the New USR is approved by County, the Guarantee Deposit shall be returned
by County to CPV within ten (10) days of the recording of the USR plat in
accordance with County procedures and requirements.
6. In the event the New USR is not approved, CPV shall have six (6) months after
final action to dismantle the Met Tower and return the Property to its existing
condition.
7. In the event CPV has not dismantled the Met Tower and returned the Property to
its existing condition within said six (6) months period, County then has the right
I111111111111111\ IIIIIIIIjIIIIIIIIIIIIIIIIJIII\ft
2006-3182
3440547
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
to dismantle the Met Tower and restore the Property to its existing condition with
all appropriate and reasonable costs and expenses thereof to be paid by CPV.
County shall have the right to use the Guarantee Deposit for such dismantling and
restoration and return excess funds, if any, to CPV. In the event the funds are not
adequate for the dismantling and restoration ("Deficiency"), CPV shall remain
responsible for payment to County of the additional costs as well as any other
reasonable expenses and costs including attorney fees incurred by County to
collect such Deficiency.
8. CPV understands and accepts all risks associated with construction of the Met
Tower as there is no implied or express covenant, warranty, or guarantee the a
New USR will be approved by County.
9. Upon payment of the Guarantee Deposit by CPV, the early issuance and release
of the requested building permit is authorized without prejudice to the rights of
County.
10. The Agreement shall be binding upon the parties and their successors and assigns.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the
day and year first above written.
BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO
M. J. Guile, Chair 11/20A
ATTEST: ti9I, /�fNt
&d
k.:
//7(/VO',.,,,Nry✓/{�I l/I'll///nV//////) fi+
4 —I .4 fi
Clerk to the Board, "'' t
OcANS9A
1
a D ut Clerk to the Board
APPROVEAS TO FOR
By:
Co y Attorney
CPV WIND, LARAMIE COUNTY, LLC
By:
Title: Senio ice Preside
I IIIIII till 11111 IIII IIIIIIII III 1111111 III 111111111111
3440547 12/08/2006 12:07P Weld County, C2
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk C Recorder
• 1472
• :sue_ . ..c�eeraa-,aye mss:. , . ...
�c�rnr
sa..
881550
silver Sprint&MD 20910. .:. ..
11/7/2006
PAY TO THE WELD COUNTY, COLORADO $ $5,750.00
ORDER OF
DOLLARS
WELD COUNTY, COLORADO
PO BOX 758
9150TH STREET ,P) /1.) PP.. GREELY CO 80632
"OO L 4 7 2I0 I: 2 5 50 7 198 LI: 0 234 3804B906
90'
CPV Wind Ventures,LLC 1472
WELD COUNTY WELD COUNTY,COLORADO
00000000000000534 11/7/2006 1472
Date Voucher# Invoice# Outstandino Amt Amount Paid
11/7/2006 00000000000000493 110606 $5,750.00 $5,750.00
$5,750.00 $5,750.00
CHECKING
) l /zo /0(d, Page 1 of 1
Esther Gesick
From: Bruce Barker
Sent: Wednesday, November 08, 2006 10:39 AM
To: Esther Gesick
Subject: RE: Sample Notice and Test Project file
Attachments: Competitive Power Ventures Agreement.wpd; Tower Notice.wpd
See the attached. I will forward to you the e-mail I got from Chris Gathman last week with the names and
addresses of the surrounding property owners. Scott Osborn of Competitive Power Ventures is suppose to get
the signed originals to us this week. If he does not, send the unsigned version I will forward to you after this e-
mail.
Thanks! Bruce.
From: Esther Gesick
Sent: Tuesday, November 07, 2006 1:30 PM
To: Bruce Barker
Subject: Sample Notice and Test Project file
Bruce,
You can view the Aurora documents in Minutes at document number 2006-1065. I've also attached the notice
which can be modified for the upcoming project.
Thanks!
Esther
11/8/2006
Page 1of1
Esther Gesick
From: Bruce Barker
Sent: Wednesday, November 08, 2006 4:20 PM
To: Esther Gesick
Subject: FW: Meteorological Tower Agreement and Check
Importance: High
Attachments: Weld Co Agrmt Permit.pdf
I told Scott to send the originals to me by the end of next week. Bruce.
From: Scott Osborn [mailto:Sosborn@cpv.com]
Sent: Wednesday, November 08, 2006 4:14 PM
To: Bruce Barker
Subject: Meteorological Tower Agreement and Check
Importance: High
Bruce,
It appears that someone in Massachusetts dropped the ball on getting the originals FedExed to me. Hopefully,
they will send them overnight for early delivery Friday. I'm told that I will have the check tomorrow. When the
agreements arrive I will bring them to you. In the meantime, I have attached the PDF that they did send. It is
signed by Sean Finnerty, President of CPV Wind.
Please send me an address where I can hand deliver the agreements assuming that they arrive on Friday.
Thank You,
Scott
J. Scott Osborn
Director
Competitive Power Ventures, Inc.
200 Union Boulevard, Suite 304
Lakewood, CO 80228
P/ 303-989-3130
F/ 303-531-5527
MI 303-815-6393
email: sosbornAcpv.com
11/9/2006
At MEMORANDUM
WIiDcTO: Weld County Board of County Commissioners
COLORADO DATE: October 31, 2006
FROM: Chris Gathman - Planner II
SUBJECT: Early Release of Building Permits
Competitive Power Ventures, Inc. (CPV) has requested an early release of building permit for a
wind monitoring tower which will be used temporarily to determine if the site is feasible for the
placement of a wind energy facility. The attached agreement states that CPV will apply for a use
by special review permit (USR) application no later than April 1, 2007. The agreement also
provides that in the event the USR application is denied, the temporary wind monitoring tower
shall be dismantled and the property returned to its existing condition within six (6) months.
Planning staff is in support of this request.
SERVICE,TEAMWORK,INTEGRITY.QUALITY
s
Competitive
Power Ventures,Inc.
October 25, 2006
Chris Gathman, Planner II
Weld County Department of Planning Services
918 10th Street
Greeley, CO 8063 I
Re: Meteorological Tower
Chris,
It was a pleasure to meet with you, Michelle Martin, Donald Carroll, and Bruce Barker on October 10. Please
accept this letter as my official request to proceed with the early release of a building permit for my wind
monitoring station. I have restated and attached the Greenlight Energy agreement from 2004; its form and terms
have been approved by my superiors.
The location identified by CPV's meteorologist and authorized by the landowner, Terry Grazing Association, is
in the NE '/4 of Section 21, Township 12N, Range 67W. The GPS coordinates provided for the preferred
location are 40° 59.770', 104° 53.423'. 1 have included maps from Topozone.com identifying the location. I
personally visited the site on Friday, September 15 and placed a stake with flagging tape. Access to the site will
be accomplished via existing ranch roads. I will ask the installation crew to minimize their travels off that road
as I am aware of the permanent disturbance that can result from traveling across the grassland.
The tower itself is a 60 meter single-pole structure with guy wires affixed at seven levels on four sides. It can be
installed in as little time as a single day; I expect this installation to take two to three days. The tower is a
temporary structure that is currently planned to be in place for 6 months while we assess the viability of a wind
energy facility on the property and surrounding parcels. The tower is designed to withstand winds of up to 90
miles per hour at 40 meters above ground level. I have attached the technical drawing of the tower.
As we discussed, I wish to pursue the early release process sought by Greenlight Energy in 2004. If you have
any questions or require any additional information, please feel free to call or email.
Thank You,
r
J. Scott Osborn
Director of Development
Competitive Power Ventures, Inc.
200 Union Boulevard, Suite 304
Lakewood, CO 80228
P: 303-989-3130
F: 303-531-5527
M: 303-815-6393
Email: sosbom@cpv.com
200 Union Boulevard, Suite 304, Lakewood, CO 80228 -ar (303' 989 913°
, • 13031 531-5527
•f 1 ar7`-�J " 'oil
h \ !Ce54 ." cam•- y,
`VA c.1._
1 L
l, „ ` 1 --
‘v.--XN) ..\\`‘ I1Q,.'• � "�J�� t," �ti. `'�, IlJ\ \ � - \
1 E 1� rte ? LJS�!� �,a o l
'"... -
• S M /-)i �
11 .1., 7 r?° il—
�-
N, l
i
' .
� / !r
! ₹• �! I �
r
/
• _i /-;y
f
\� !� • • C
o •
4- -
ti
l
,W„. -- - - REVISIONS
Outer wr oraben vita ieeMa Caroabn REV DESCRIPTION DATE APPROVED
1Mmeb Thanes Meeelb Mynah Protection
1 8 M o102Inch MT 1020 ea0kel 11/A Its nipped
203 nm l I mn MO noes 0ayarezee I Units, notes update 16Jul03 APB
2 84 ME Mast 0100 limb MT 1020 50.okal NIA ASTM553
203-10 mm 2emm. 347 met 2 Changed reaction format 17Aug03 APB
3 e ldi 0109 ken MT 1015 500101 Na 0v.ea wcted Sight
152m. .2emm }15 mks 80. (03 m 197.0 feet) u 1-
4 4-8 Intl,Mar 0.109 ML MT 1015 80.0 MI NIA 58.55 m (192.4 feet)
152-114 mm 2.8mm 345 EDP. Erected height
5 43(nth 0053Inch MT1010 50.01W NIA
114 MM 2.1 mm 345 nPs
8 0187Inch 7A7Oats N/A 3.710 05vrazed •
and .rener fence Erode10.1 M1 p
Impede SI q
Teasel
(33 Mei)wind velocity 70 mph 31.3 n's a fV (1
TapecalwMeerrwM velocity 90 mph 40.4 rids
49.995 he191 9
(e dot I eue) a
Ice helms 0.0 inch Orton
Inrray anchor time 1.5 kLb 5.9 M4 •�• —
Innwyrndrtarc re- 26• .4F1 a
(angle ham horizontal)
Mae peeachrbv. 1-3 MA 8.1w a 42.38 m (139.0 feet)
Middle guy anchor forte 40' 40' de Erected height
(rr'e from*skate) ,
Outer guy anchor fora 2.0 Mb 8.0 tee
Outer guy anchor force 45' 45'%set
bees be 3.3 dh 114 tee I4 * 35.42 m 11:2 feet)
?aNam6 dMla*reckonErected
Tower ben tea /3 EP 30.0 El
a San e
antllra. 1.0 kLb 16 PI 0 anchor loam
Erector anchor bee 45' 4r 3 I
tole San IIMMnIY)
'q
dmum guy tension 0.9 kLb 33 eM b
as Ec m t feet)
( fool
`A,
Me rum beer lute seem 11.4 MI .5'We x • 4 Erected height
fled mum beer lobe sere ally 80.2 mP. A
Ca)
,
mm by dakclm 14 ten F2omm
InI1_N guy b W t Ditto 0.1 104
21.49 m (70Erected height
416,131‘°F a
P�� yJ
, I
u A 9�� (32.77 ft)
g.I`c ▪ 1
4
CM p 20.3s mm m4
l—
l 50 feet 0 Mt
/ —x1 n(120 feet)awe e•m5m 5.3 m tee fped wt.1411se mi."—
M.0 m(1N feet)MOM in lair
503 m(107 fat)OS b late
2
A)Mid d nos and abesbb minis,beds Sr.glared using NISI TWEIA-92-F.(19ee),t00aba 011.0,8 Sr SMEI Manna Toes and ArM00upporMq Sbecsse.
8) speeds re fastest mile Madv.loally per MA-222-F. EIA-222.vend beeepmkAd*rt:Ohl-09.GM1.0, ale.
G)False(mile(fm)WM speed pen Mac.100
1OO.n approximately Oomrnd btlaee sand(Sac)erd speed aim the equation:
183esa)x1.22 Elm)bvpm)s.1 W mph
01 Guy lam eadndY'0.9 end the Pd safely lacier Is peter hen sequel b 211
I)An ANSYa large Medial EA model using beam(Plyaes)ndbabe(.SCI)MemMNob ds.D..I*Ind lad loss us,b candela member bas and lesda0.
F)TomrellaaWi stress design per American KENO d Steel GnaIneeo(MSG) *AlIoree Sens Oslo-,9e Ed.N.asbWb H,ge9ms H1-1,H1-2
0)TMs torn Medlin moves be strummed requirements ot EM-1T1-F.Molars 1],3.0.0 b ore ghee beta modem.Ta wlyes dos no WptybEL4i12F alma a 7.11.12,13.
H) locS venom
dsddn MOGceeleerod aap,.U..end lebll not.perte nb' sYhe.Speakbundi0l delis must be eppped b MWedec Pa slagmrd I by a wend pr apoero.
I)A drab venom ay is
ail el must m roes the applicability rc analysis for the expend an mdgci Own.n tetltd knobs-net o Me sling oroaebrbl peadNs pgl. el
Eddie loot ,bW9Y le spicily Invited lo Issues nye from a9lgrrea ,. misconduct by ME of a professional strew congaing rob rays.NO warrior,apwam or bpbgle
mode concerting the suMMlly otitis product tea Oven pep silo or location.
Uniterdman lWWES MO N=sna'0 et 9IFONMEION MIME)WEN NRG SYSTEMS INC
m
dMo M INCH al9Na ME ES aka�OefPROEM a IMO MEM
m-M9•W re Tale IIC oWeOa fi
e suer es treivess IN
NO Pan=a Itt 110 COMMERCE STREET, HINESBURG, VT., 05401
Mann NMcnora ®M! M OUS Mike w kk ApMMa®a
N.Metes per d EEO MEE TIE OMEN 1,000 Neaten. * 1/84 .22 t .515 * 1• or COMMY 60 Meter mu err
EDP.-1.o00.WOrfaras J001 s .005 APPROVALS DATE (8.0,
mm
Mb-1,00009 pounds 00 NOT WEE 09IN0a (8.0, 6.0, 4.5 inch) diameter tube
hal- 1.000 US ease per Inch am A Booth 25f 03
we
e-Miles. 'shout �' - B 772885
0
ar r ee4 I le 3
NOTICE
Pursuant to the laws of the State of Colorado and the Weld County Code, a public meeting
will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado,
Weld County Centennial Center,91510th Street, First Floor,Greeley, Colorado 80631,at the time
specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the meeting. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's Office
at (970) 336-7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners,Weld County Centennial Center,915 10th Street,Third Floor,Greeley,Colorado
80631. E-Mail messages sent to an individual Commissioner may not be included in the case file.
To ensure inclusion of your E-Mail correspondence into the case file, please send a copy
to charding@co.weld.co.us.
DATE: November 20, 2006
TIME: 9:00 a.m.
APPLICANT:
Competitive Power Ventures, Inc.
200 Union Boulevard, Suite 304
Lakewood, Colorado 80228
REQUEST: Consider Letter Agreement for the placement of a temporary wind monitoring tower
in the A (Agricultural)Zone District. (A copy of the letter is enclosed with this Notice.)
LEGAL DESCRIPTION: The NE1/4 of Section 21, Township 12 North, Range 67 West of the
6th P.M., Weld County, Colorado.
LOCATION: East of 1-25 and north of Weld County Road 126. (See Legal Description for precise
location.)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 9, 2006
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the
following property owners.
DATED this 9th day of November, 2006.
COMPETITIVE POWER VENTURES
INC
200 UNION BOULEVARD SUITE 304
LAKEWOOD CO 80228
CITY OF FORT COLLINS
WASTE/WASTEWATER UTILITY
PO BOX 805
FORT COLLINS CO 80522
JAN THIEL INC
51 1-25 SERVICE ROAD EAST
CHEYENNE WY 82007
TERRY GRAZING ASSOCIATION
PO BOX 3170
CHEYENNE WY 82007
Deputy Clerk to the Board
Page 1 of 1
Esther Gesick
From: Bruce Barker
Sent: Wednesday, November 08, 2006 10:40 AM
To: Esther Gesick
Subject: FW: SPO list for wind meter tower
From: Chris Gathman
Sent: Friday, November 03, 2006 3:04 PM
To: Bruce Barker
Subject: FW: SPO list for wind meter tower
Here is the SPO list. Evidently it did not get through yesterday.
From: Chris Gathman
Sent: Thursday, November 02, 2006 4:40 PM
To: Bruce Barker
Subject: SPO list for wind meter tower
Here you go Bruce (SPOs within 500-feet of the site), let me know it you need anything else:
City of Fort Collins
(Waste/Wastewater Utility)
P.O. Box 805
Fort Collins, CO 80522
Jan Thiel, Inc.
51 I-25 Service Road East
Cheyenne, WY 82007
Terry Grazing Association
P.O. Box 3170
Cheyenne, WY 82007
State of Colorado (No address Given)
Legal: Site is located within the NE4 of Section 21, T12N, R67W. (Approx. % mile east of Interstate 25).
11/8/2006
Hello