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Home My WebLink About20022570 RESOLUTION RE: APPROVE MAIN EXTENSION CONTRACT AND BILL OF SALE, ASSIGNMENT, AND RIGHT-OF-WAY AND EASEMENT AND AUTHORIZE CHAIR TO SIGN - GREELEY GAS COMPANY 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 Main Extension Contract and a Bill of Sale, Assignment, and Right-of-Way and Easement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Greeley Gas Company, with terms and conditions being as stated in said Contract and Bill of Sale, Assignment, and Right-of-Way and Easement, and WHEREAS, after review, the Board deems it advisable to approve said Contract and Bill of Sale, Assignment, and Right-of-Way and Easement, 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 Main Extension Contract and Bill of Sale, Assignment, and Right-of-Way and Ease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Greeley Gas Company be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Contract and Bill of Sale, Assignment, and Right-of-Way and Easement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of September, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, C LORADO ATTEST:£aD / �. Egg) wle'c Glen Vaad, Chai Weld County Clerk tot Bo: '., ow,� yn 1861 � � y 1 i \♦, 1 � David E. g, Pro-Tem BY: • Deputy Clerk to the B• M. J. eile APP j� AS TO F : T� " yA< Z/ William H. Jerke 71,emy Attorti y �� q Robert D. Masden Date of signature: -29 2002-2570 BC0032 �.,cc 0011MNY 4a.a Chris McDermott Greeley Gas Company 1200 11th Avenue Greeley, CO 80631 970-304-2080 August 27, 2002 Weld County ATTN: Claude Hanes PO Box 758 Greeley, CO 80632 RE: Contract for natural gas main extension to Weld County Fueling Station Please sign and date all three main extension contracts, enclose one check for the main extension deposit amount of($ 948.00 ), and enclose a separate check for ($320.00) for the service line, and sign and notarize the Bill of Assignment and mail or deliver to: Greeley Gas Company Chris McDermott 1200 11th Avenue Greeley, CO 80631 After the Operations Supervisor signs the contracts, I will mail you a copy of the contract for your file. If you have any questions, please telephone Chris McDermott at 970-304-2080. Thank you. Sincerely, GREELEY GAS Li V(////00 CHRISTINE MCDERMOTT COMPANY l�� 120011TH AVENUE GREELEY COLORADO 80631 (9701304-2080 304-2080 (970)304-2085 FAX (970)539-2731 CELLULAR r� E-MAIL:CHRISTINEMCDERMOTTOGREELE V GAS.COM 2002-2570 MAIN EXTENSION CONTRACT GREELEY GAS COMPANY PROJECT NO. GGC10387 GGC12155 COMPLETION DATE THE STATE OF COLORADO COUNTY OF WELD THIS MAIN EXTENSION CONTRACT is made by and between Greeley Gas Company,a division of Atmos Energy Corporation,a Texas Corporation("Greeley")and,Weld County,for Weld County CNG Facility at 1113 H Street("Subscriber"). WITNESSETH: Greeley,at the solicitation of Subscriber,and for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,agrees to provide natural gas service through the pre-installed gas main extension of approximately 1056 feet along the route indicated on the map attached hereto(hereinafter referred to as the"Main Extension"). Subscriber shall be responsible for hiring a Contractor which has been approved by Greeley,and installing the Main Extension to Greeley's specifications. Subscriber,either separately or in conjunction with the approved Contractor shall provide the labor and materials for the Main Extension installation. Such main is to extend from a point on Greeley's present Main located in the utility easement in H Street and N 17th Avenue to serve the following described property: Weld County CNG station at 1113 H Street in the Weld County Business Park a part of Section 31,Township 6 North,Range 65 West of the Sixth Principal Meridian,County of Weld,State of Colorado(refer to map)subject,however,to the following terms and conditions: 1. The map attached hereto shall be the controlling element in the foregoing description and Greeley shall in no case be obligated to install any main or to make refunds for connections to serve any lots or locations other than as shown on such map. 2. Subscriber agrees to grant,free of charge to Greeley,all easements across Subscriber's property as may be needed for the construction of the Main Extension. Grade must be established plus or minus six(6)inches and visibly marked prior to installation of the Main Extension. 3. Each of the parties hereto agrees that the Main Extension shall,upon completion and acceptance by Greeley,be conveyed by Subscriber to Greeley by bill of sale and assignment(such document to be prepared and furnished by Greeley). Upon such conveyance,the Main Extension shall belong to Greeley as the sole and absolute owner thereof,and the expense of maintenance and operation thereof shall be borne by Greeley. 4. In consideration of Greeley's obligation hereunder to make natural gas available in the pre- installed Main Extension, Subscriber has paid a potentially refundable deposit of $948.00 reinafter referred to as the"Deposit"),and an additional amount of—0-(hereinafter referred to as "Non-Refundable Aid to Construction) to Greeley, receipt of which is hereby acknowledged. These payments cover the estimated cost of Greeley's inspection,testing,and final tie-in/connection of the Main Extension to Greeley's existing natural gas distribution system. The Deposit is subject to refund,or forfeiture as hereinafter described. Please make the check payable to Greeley Gas Company for the amount of $948.00. 5. Subscriber shall be entitled to a refund of all or a portion of the Deposit as hereinafter set forth. Greeley shall refund to Subscriber,on demand and without interest,portions of the Deposit as follows: a) for each residential customer connected,$301.00;and b) for each commercial customer connected, (i) having expected annual consumption less than or equal to 240 MCF,$301.00, Form 268(revised 11/95) or (ii) having expected annual consumption more than 240 MCF,$1490.00. 6. A refund will be considered earned at the time a gas meter is originally connected at any point on the Main Extension. All meter connection records pertaining to this Contract shall be maintained by Greeley,and all refunds that are earned shall be credited and paid pursuant to the terms and conditions of this Contract. 7. Subscriber shall be entitled to refunds only for a period of ten(10)years,commencing upon the date the Main Extension is placed in service. Each of the parties hereto acknowledges and agrees that,in the event the refunds earned by Subscriber during such ten-year period do not total the full amount of the Deposit,that the remaining balance of such Deposit shall be forfeited unconditionally to Greeley without further claims of any kind by or in favor of Subscriber or Subscriber's heirs,representatives,successors,or assigns. Each of the parties hereto further acknowledges and agrees that the aggregate amount of the refunds shall not, in any event, exceed the amount of the Deposit. 8. This Contract shall terminate at the expiration of the ten-year period described above or whenever the Deposit has been entirely refunded,whichever occurs first. 9. Greeley shall have the right to connect other gas lines or mains to the Main Extension at its sole discretion, but any customer served through such secondary lines and mains shall not be counted in ascertaining any refunds due hereunder to Subscriber. 10. Additional provisions: The easement for this main extension installation should be prepared to final grade(refer to 2)and allow clear access to the easements. Property pins or construction staking should be visible and clearly marked. All sleeves for road crossings should be installed prior to the main extension installation. This price is contingent upon all sleeve crossings installed as per drawings and specifications provided by Greeley Gas Company. 11. Subscriber will indemnify and hold harmless Greeley from any and liens or claims asserted or made by any contractor, subcontractor, material, man or laborer in connection with the construction or installation of the Main Extension. This contract offer will be withdrawn unless executed on or before October 30,2002. GREELEY GAS COMPANY SUBSCRIBER: a Division of Atmos Energy Corporation Address: Weld County PO Box 758 Greeley,CO 80632 By: Title: 1ESf P EN AT E Signature: .�-C�t�.u� L F�.- By: 1y�' Print Name: Glenn Vaad Title: OPERATIONS SUPERVISOR Title: Chair Date: 09/18/2002 Attest: 7ii... � ,� v . ,, \ t ;' By: i i O Deputy Clerk to the Boar; -.pry Form 268(revised 11/95) h - C�l�G /a /5-5 Ito • cni My 0 U i II "G STREET _.._ 1 i , , J ..._ ,>_(:„.. L.,,.„>: i to SYKES SYKES ' WELD COUNTY I PHASE II 1 \ OFFICES21 r;".) ' ' 1 ..N. ..� r 1F...iiCirt,r,t-",-�.�.-. ;. ' ,-•, 1_L WELD C: UNT `' � ,` -' TRACT 'D' .,�` �\, 1 AMBULANCE II ` WELD COUNTY MOTOR l •001. & HAZARDOUS WASTE: ` • L_ ..1--,,x' .,, ,. • ALTERNA'IVE I CITY �i� gpOJQP�� `'` `` T, -'--H FOR YOUTH i LIMITS a c , OEftt\-� 1A do " 40�� 7 ISLAND :;RC`r O� F 7 Q4�F, `<< : REGIONAL TR li CENTER tc4P k S'(Rf T \ c�' i u. i • Q If _, ..C i WELD COUNTY BUSINESS PAR v; - PUBLIC WORKS ANNEXATION fr.- Ii COUNTY TRACT 'C' !I '• AGRICULTURAL ,, -- 2'I%(1,056') 1 Existing Mains '(66----I Greeley Gas Company L..�1 Aug 7,2002 .' • l -- River I .c: • ' r 7Rf GI0NAL PAM,. _ .11s:•:. ;2 :m ^ om— «^ 0 ( m 2 { o ! } o * \ I � } : y •li CC li CC \ \ a' t-i- CI 0 :� } CO 0.1 k 0 g \ N. \ � 10 \\ . H CI p Es . Cl? . AI 0.Q \ \& § C 2 0 co§ \ 000- . LT wfe§ li q O � j-\� in t � / / % I \ \ I- ( ) f »Q/ / li / $ } \// COI <per§ \\\ \ HBO 11111 11111 11111 11111 111111 EN11111111111111111111 3149939 02/02/2004 11:24A Weld County, CO 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder 939 BILL OF SALE, ASSIGNEMENT AND RIGHT-OF-WAY AND EASEMENT STATE OF COLORADO S 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WELD g THAT, Weld County, whose legal address is for 1400 N 17th Avenue, Greeley, CO 80631 hereinafter called Grantor (whether one or more), for and in consideration of the sum of ONE and NO/100 ($1.00) DOLLARS, and other good and valuable consideration in hand paid by GREELEY GAS COMPANY, a division of Atmos Energy Corporation, a Texas and Virginia corporation, whose legal address is 1200 11th Avenue, hereinafter called Grantee, have granted, transferred, sold, conveyed, assigned and delivered and by these presents do grant,transfer,sell,convey, assign and deliver unto the said Grantee, its successors and assigns, with full guarantee of title, free from all liens and encumbrances, and with complete transfer and subrogation of all rights of warranty of title,the following described property: The entire natural gas system located in:Weld County CNG station at 1113 H Street in the Weld County Business Park a part of Section 31,Township 6 North,Range 65 West of the Sixth Principal Meridian,County of Weld,State of Colorado,consisting of approximately 1056 feet of pipeline, as shown on plat attached hereto and made a part hereof,together with all gas lines and all fixtures or other appurtenances thereto,and all rights, ways and privileges thereunto belonging or in anywise appertaining. The warranty granted herein from Grantor to Grantee is that of warranty of title to the property transferred and does not constitute a warranty of operation of any of the equipment hereby sold and assigned. Grantee takes title to the equipment in the condition as found on the date of sale and assumes all responsibility for maintenance and operation of said equipment from and after the date of sale. Grantor specifically abcepts no future responsibility for the gas distribution system or the present condition of same, but Grantor, for itself and its successors and assigns, does hereby agree to hold harmless and indemnify Grantee and Grantee's employees, directors, officers, agents, successors and assigns, from and against any and all claims, demands, suits, actions or liabilities arising out of or pertaining to any of the following matters: (1) the maintenance or use, prior to the date hereof, of the natural gas system herein described; (2) the wrongful taking of property, rights-of-way, permits or leases occurring in connection with Grantor's installation of the natural gas system herein described; or (3) the placement of the natural gas system herein described upon the rights-of-way or other property where said system is located as of the date hereof. From and after the date hereof, Grantee, for itself and its successors and assigns, shall hold harmless and indemnify Grantor and Grantor's employees, directors, officers, agents, successors and assigns, from and against any and all claims, demands, suits, actions or liabilities arising out of or pertaining to any of the following matters: (1) the maintenance or use, from and after the date hereof, of the natural gas system herein described; (2) any wrongful taking by Grantee of property, rights-of-way, permits or leases occurring in connection with any extension of or addition to the natural gas system herein described; or (3) the placement hereof by Grantee of any portion of the natural gas system herein described upon rights-of-way or property other than that upon which said system is located as of the date hereof. Grantor further agrees to pay, on demand, all ad valorem taxes and other taxes due and payable as a result of the ownership of the assets hereby transferred or on any income derived therefrom for all periods prior to and including the date hereof to any governmental authority that levies the same. Should Grantee become liable for any such taxes on the assets hereby transferred during any year or other taxable period during which Grantor was also an owner of the assets hereby transferred, then Grantor agrees to pay its pro-rata share thereof. Grantor agrees for itself, and for Grantor's successors and assigns, that the transfer of the natural gas system hereby shall also extend to any extensions of or additions thereto that are made by Grantor or Grantor's successors and assigns with the written consent and approval of Grantee. Nothing herein, however, shall be construed as transferring any extensions of or additions to the natural gas system which are made without Grantee's written consent and aooroval. nor imoosinci any liability upon Grantee for any equipment, piping or other fixtures 1111111 IIIII IIIII IIIII IIIII IIIIII IIIIII III IIIII IIII IIII 3149939 02/02/2004 11:24A Weld County, CO 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder agreements, understandings, representations or warranties--which are not expressly set forth herein. WITNESS THE EXECUTION HEREOF this /1 day ofg '— GRANTOR: Weld County Board of Commissioners By: ILIA /Lk Name: Glenn Vaal! Title: Chair (09/18/2002) GRANTEE: GREELEY GAS COMPANY, A Division of Atmos Energy Corporation By: — Vise-Resident STATE OF COLORADO e ri COUNTY OF WELD g The foregoing instrument was acknowledged before me this 18th day of September , 2002 , by Glenn Vaad , known to me to be the Chair of Weld County Board of , the Grantor named her-.'.,....... Commissioners WITNESS MY HAND AND OFFICIAL SEAL. cy :''SPRY P(�e'' G 4 Cam. 1 t(r ESTHER E. Notary Public . GESICK , My Commission Expires: N . /8,/ i My CommksSar Expires S put II.2005 STATE OF COLORADO g c{// $ COUNTY OF `�� 5 The re g instrument was by ac wled ed before rye this day of ) fl$t-, /plc known to m2 to beJM Vice sident of Gr eley Gas Company, a division of Atmos Energy Corporatibn, the Grantee named hereinAl WITNESS MY HAND AND OFFICIAL SEAL. d Notary Public My Com 'ssion Expires: Atmos Energy - Construction Survey ID FM O ALMS SSD No: 1 a 7 Address/Location: CA) 6_- L/,-J 4<• sr t._,Flo coONry eu314Es.5 /7gt,f Service Performed: ..2•t /A d1A/.t) 6,4.7 - Zip: State: _ Drawing for Posting to Maps: North: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Emile a • • © G r ". y 1:7 ae—r- C J At I IN n r k sQ Z O h i 'NAn , . i iri C. a N < o. ti �8 W .1 tB Z. a . . a p Ty 11111111111111111111111111111111111111111111111111111111111 I I I I I I I I . 3149939 02/02/2004 11:24A Weld County, CO 3 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder attach addinanalpages for drawing when necessary- \ Hello