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Home My WebLink About20042277.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING WIND MONITORING TOWERS AND FORM OF COLLATERAL AND AUTHORIZE CHAIR TO SIGN -GREENLIGHT ENERGY, 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, on July 21, 2004, the Board approved a request for early release of building permits for two towers which will 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 Greenlight Energy, Inc., 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 Greenlight Energy, Inc., commencing July 12, 2004, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept the form of collateral, 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 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 Greenlight Energy, Inc. be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded, adopted by i •rtla4 owing vote on the 4th day of August, A.D., 2004, nunc pro tunc July 12, 2004. ! Ega BOARD OF COUNTY COMMISSIONERS IkkESW i 41C- %r. f Ar Robert D. Masden, Chair /71‘C% ty Clerk to the Board / . / William H '-rke, Pro-Tem BY: �Y Deputy Clerk to the Board 7 Geile APPRO D • Davi Long o my Attorney /qJf>� t'=nn V-ad Date of signature: 57 n 2004-2277 CC'': I L , RA) AP& F. PcLg073q o y AGREEMENT A06-usr THIS AGREEMENT ("Agreement") is made and entered into thisI.f' day ofht}ly, 2004, by and through the County of Weld, State of Colorado, acting through its Board of County Commissioners ("County") and Greenlight Energy, Inc. ("Greenlight"). WITNESSETH WHEREAS, Greenlight, by applications dated July 12, 2004 (collectively, "Application") applied for and requested the early release and issuance of a building permit for two (2) 40 meter meterological towers (collectively, "Met Tower"); and WHEREAS, the Met Tower is to be located upon two (2)parcels of land located on (1) the Northwest Quarter of Section 3, Township 10 North, Range 58 West and (2) the Southwest Quarter of Section 31, Township 11 North, Range 59 West, in Weld County, Colorado ("Property"); and WHEREAS, Greenlight, in the materials submitted to Weld County under the Application, has provided adequate proof and justification for 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 Greenlight agree as follows: 1. The above recitals are incorporated herein by reference. 2. Greenlight shall submit to County a final and complete New USR application, such application to be filed not later than January 12, 2005. 3. Greenlight shall provide to Weld County a performance guarantee cash deposit in the amount of Five Thousand Seven Hundred-Fifty and 00/100 ($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 Greenlight 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, Greenlight shall have six (6) months after final action to dismantle the Met Tower and return the Property to its existing condition. 1111111 III" 11111 111IIII IIII IIIIII VIII III 11111 llll IIII 3207608 08/10/2004 11:21A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2004-2277 7. In the event Greenlight has not dismantled the Met Tower and returned the Property to its existing condition within said six (6) month period, County then has the right 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 Greenlight. County shall have the right to use the Guarantee Deposit for such dismantling and restoration and return excess funds, if any, to Greenlight. In the event the funds are not adequate for the dismantling and restoration ("Deficiency"), Greenlight 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 any such Deficiency. 8. Greenlight understands and accepts all risks associated with construction of the Met Tower as there is no implied or express covenant, warranty or guarantee that the New USR will be approved by County. 9. Upon payment of the Guarantee Deposit by Greenlight, 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 COMMIS COUNTY, COLORADO 'S pr,-/"\ ` �j�- ►1 �186 k�4 ��\q.y Robert D. Masden, Chair ' J -t‘ ATTEST. re L`-s Clerk to the Board APPRO T • By: County rney GREENLIGHT ENERGY, INC. Its: President 111111 IIIII II 1111111 1111E IIIII 111 1111! 3207608 08110/2004 2 at 2 R 0.00 D 0.00 Steve Moreno Clerk&Recorder o'cl✓v as 77 July 2,2004 Sandy Reisky Matthew W. Hantzmon Greenlight Energy,Inc. 310 Fourth St.N.E. Charlottesville,VA 22902 RE: Meteorological Tower Installation(s) Sandy and Matthew, Anemometry Specialists has installed over 350 test towers in twenty-two different states. Our experienced crew has been installing towers for over 11 years in a variety of soils and topographies. We have installed tilt up test towers from 10 meters to 60 meters and installed test equipment on radio towers up to 100 meters. We come equipped with all the safety equipment necessary for met tower installations. We will provide all of the lodging,meals, and transportation of the crew to and from site as well as provide regular communication with you on our progress. Anemometry Specialists will provide the equipment necessary to install met towers up to 60 meters in height. Anemometry Specialists will install screw in anchors or rebar if necessary. This bid does not include the cost for drilling,concrete,or for a subcontractor needed to complete the anchor installation. Should a site require the above listed items,we will bill these items on a time and materials basis. Anemometry Specialists agrees to bill a flat rate of$11,500 for the installation of Four(4)test towers. One 60 Meter tilt up,One 60 Meter Radio Tower where we do the Climbing,and two 40 Meter meter met tower(s) located near Akron and Grover Colorado. State and or local taxes will be added to final invoice. This flat rate bid is the cost of the installation;no additional costs will be billed upon completion. The following exceptions may apply: Exceptions: Any full day of work missed due to negligence on behalf of Greenlight Energy,Inc. or it's agents will be billed at$1,000 per day. This is equal to one day of per diem and labor lose. Negligence on behalf of Greenlight Energy, Inc. is defined as a full 8-hour day that Anemometry Specialists were unable to work due to: • Permitting issues • Equipment not being on site • Equipment damaged due to shipping • Landowner issues that impede our installation • If the site is not accessible with a four wheel drive pickup truck • If the site is not cleared for installation, i.e. trees. Should the above listed items occur and cause delay in our installation,Anemometry Specialists will contact Greenlight Energy,Inc.to notify of the delay and to have the additional charge pre-approved before final invoicing. Should a site need clearing,is not accessible by four wheel drive truck,or screw in anchors or rebar cannot be used,Anemometry Specialists will communicate with Greenlight Energy,Inc. of these conditions. We will then at our discretion decide a method for resolving these issues and will bill Greenlight Energy,Inc. on a time and materials basis plus any additional per diem. Should dangerous work conditions occur for a full eight hour day that delays our installation of test equipment,Anemometry Specialists will contact Greenlight Energy,Inc. of the dangerous conditions and charge for the cost of an additional day of per diem. This decision will be made at the sole discretion of Anemometry Specialist's lead person. What we ask of Greenlight Energy,Inc. is the following: 1. Agree to pay Anemometry Specialist's invoice(s)within 30 days of invoice date. 2. All cellular accounts and email accounts will be setup prior to our arrival on site with the attached form in Appendix A filled out completely and returned to us via fax(866)224-1631 oremailrobhach@anemometry.compriorto our arrival on site. 3. All anemometry equipment will be on site before we arrive. 4. Provide all contact information for landowners where towers will be picked-up and were the towers will be located. 5. Greenlight Energy,Inc. will acquire all permits necessary for installation. 6. Greenlight Energy,Inc. will receive permission from the landowner for the installation of each tower. 7. Greenlight Energy,Inc. will provide exact coordinates and directions to each tower site. 8. Any extra work required, i.e. fencing,must be communicated at least three days prior to our departure for installation of test equipment. 9. Provide a picture of the ground at the installation site if possible as well as a description of the soil/ground compositions. The landowner is a great resource for the ground/soil composition. 10. Fill out the attached form to help us quickly and smoothly install Greenlight Energy,Inc.'s equipment and return with the logger programming form. NRG Systems equipment is specifically designed and engineered for the application Greenlight Energy,Inc. is looking for at each site. However,NRG has been manufacturing the Symphonie Logger that has been, from our experience,not communicated or did not communicate as desired after we have left a site. We will guarantee that the logger communicates and confirmed with a data download before we leave the site. After we have left the site,any problems encountered with the communication of the logger that requires a revisit to the site will be at an additional fee. We will not guarantee communications after our departure. Anemometry Specialists will guarantee our work for up to ninety(90) days from date of installation. This, however,excludes acts of God, i.e. severe ice,tornado and electro static discharge. This also excludes acts caused by animals and landowners. We must be contacted by writing within ten calender days of failure caused by our workmanship. Anemometry Specialist's will determine to make the repair or pay for the loss. This bid is effective for 30 days following the above stated date. Work must be conducted within 90 days of the acceptance of this bid. Sincerely, Rob Hach Appendix A Meteorological Tower and Equipment Information Ii�t ry,i'i Vi.., 'I'IIuk . i s. I,, I, :;1 � �Ioif M1liIYkIILli1,11) r I I ' 'II II i ue7 rin iii iii (I�,��} 1y...,Iliil ,f II ,,Illqu l.' Ii. ,. Ik I �giI!l eiiiI"ldi iit pitliIl& WNW �u r ,i ,2",!!' 'All f"pit H ' I ("' ,y`I s[i.` t iii --II II :m,.mn e !edidill °»id atiati.u' 91 iI4 iii I.k_: I I I .,.I III `�i r !I' ,J 1 a}! Ig�1y1 ,.„a I iy„I Ill X11 »},II x.Ira, a i49111!i f:. i 1 a Lt.'R.I ft U i IUI I ''I''VI PI.I III I r.I.6'a.Sat.)iiii''C 1� - "� t, R"{.l, - „.... d€'IT,Ii.I�� .�i 5 'I� 5 4 d '.....�.�`�aa n I».. .itir I I�I W PIA.° a e alga i..Iwm a i— �tbt a €51; i, I ' , ,,)Max# 40 Max#40 Max#40 Max#40 # 200P #200P # 110S I -II - r L ! 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VIRGINIA NATIONAL BANK CHARLOTTESVILLE,VA 68-886514 COURT SQUARE BUILDING 310 - 4TH STREET, NE 8/9/2004 CHARLOTTESVILLE, VA 22902 PAY TO THE Weld County Board of Commissioners $ **5,750.00 ORDER OF Five Thousand Seven Hundred Fifty and 00/100**************************************************************************** DOLLARS Weld County Board of Commissioners attn: Lee D.Morrison,Asst.Co.Attorney 915 10th St,PO Box 758 Greeley,CO 80632 MEMO ��: Met towers: Performance Guarantee Cash Deposit ) w II GREENLIGHT ENERGY, INC. Weld County Board of Commissioners 8/9/2004 8159 Met towers:Performance Guarantee Cash Deposit 5,750.00 VNB Checking Met towers:Performance Guarantee Cash Deposit 5,750.00 -7>1 1<AA-- dPyt �_. .GREENLIGHT ENERGY DILE FA 1 3 2004 August 9, 2004 WELD CZP.. ATTORNEY VIA U.S. PRIORITY MAIL Lee D. Morrison Assistant Weld County Attorney 915 10th Street—P. O. Box 758 Greely, Colorado 80632 Dear Lee: Enclosed is the Guarantee Deposit required under the terms of the August 4, 2004 agreement between Greenlight Energy, Inc. and Weld County. I appreciate all of your assistance with this matter. Should you need anything further from me, please do not hesitate to contact me. Sincerely yours, ?la°"r'2 Nelson S. Tea_ e, J Director of Project Transactions 1OTES RECEIPT DATE M—O.3-�0�-F No. 7 6 6 8 C] + ;. J RECEIVED FROM JLOP�s-i X�LC'J2 �P n'11i1 7.-(ft" �✓"C-.� 0 w^j ADDRESS 0 U r oO we. �euF�.- cu> n��1J� G r� o,y $.� '7s 0, O0 Z O CO U FOR C uct Ln4i' �-�I idir,r o `{- no(tec�- HO ACCOUNT HOW PAID El ST__ -re] � r X 591 Jj w C7 .j VARY¢ `.�I .CHECK Sl/ti�'!J �/ � 71=4 ■ U l- ©2001 REDIFOMI® GREENLIGHT ENERGY,INC.• FI IE COURT SQUARE BUILDING•310 FOURTH STREET,N.E.•CIIARI OTTESVILI.E,VA•22902 PHONE.(434)220 1406•FAs:(434)220 1420•www.GLNRG.COM Hello