HomeMy WebLinkAbout20013103.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - PUBLIC
SERVICE COMPANY OF COLORADO
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 Lease Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Public Service Company of Colorado, commencing , and ending, with further
terms and conditions being as stated in said Lease Agreement, and
WHEREAS, after review, the Board deems it advisable to approve said Lease
Agreement, 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 Lease Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Public
Service Company of Colorado be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Lease Agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of October, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD CO A NTY, COLORADO
ATTEST: guty
/ 1 t , I a``
. J. eile, Ch it
Weld County Clerk to the J
4N (T
cc� k _ ,�Glenn Vaac�, -
BY: Sw /4e:I/J� r n' '\
Deputy Clerk to the Board 1--> ' V
Willi H. Jerke
APPROVED AST RM: 3 4 ar I
vi . L ng /
Court AttorrLy����
// Robert D. Masden
Date of signature:
2001-3103
de.. ('//, f7�s3(.5-//ai/F) CM0013
Document 132120_
Reference Doc. 2180
LEASE AGREEMENT
THIS LEASE AGREEMENT, dated as of this 31st day of October , 20 01 , by and
between Public Service Company of Colorado, located at 1225 17th Street, Denver, Colorado 80202
(hereinafter referred to as "Lessor") and The Board of County Commissioners for the County of
Weld, State of Colorado, located at 915 10th Street, Greeley, Colorado (hereinafter referred to as
"Lessee").
WHEREAS, Lessor is the owner of said property (hereinafter referred to as "the Property")
and communication tower (hereinafter referred to as "the Tower") more specifically described in
Exhibit "A,"attached hereto and incorporated by reference herein; and
WHEREAS, Lessee desires to enter into a lease (hereinafter referred to as "Lease
Agreement") with Lessor to permit the location of the Weld County's communication facilities
which will be constructed on a portion of the Property, and Lessor is agreeable to granting such a
lease together with ingress and egress to the communication facilities.
NOW THEREFORE, in consideration of the payment by Lessee of One Thousand Two
Hundred Dollars ($1,200.00) per year, the Lessor does hereby lease and let unto Lessee the non-
exclusive right to construct, operate and maintain the Weld County communication facilities
("Lessee's Facilities"), as described on Exhibit "B," upon the Property described in Exhibit "A"
subject to the following terms and conditions:
1. The Lessee shall pay to Lessor an annual rental of One Thousand Two Hundred
Dollars ($1,200.00) payable in advance on or before October 16, throughout the term of this lease.
Lessee hereby agrees to pay the said annual rental amount for the first year of the lease upon signing
of this lease.
2. Lessor and Lessee acknowledge that Lessee will require electrical power to Lessee's
Facilities, as more particularly set forth on Exhibit B. Lessee, at its sole cost, will make necessary
arrangements with service provider to meter and pay electrical service. Lessee may, at its sole cost,
elect to install and maintain telephone to its facilities.
3. The term of the lease shall be for a period of one (1) year commencing on October
16, 2001, and ending on October 15, 2002. This Lease Agreement shall automatically renew from
year to year unless either party gives notice of termination to the other party no later than thirty (30)
days prior to the end of the then current annual term.
4. The Lessee shall be responsible for payment of all taxes or assessments, if any, on
buildings and structures, or other personal property placed on said site by Lessee during the term and
throughout the duration of the lease.
5. Lessor and/or agents representing Lessor has the right to oversee all activity during
construction and dismantling of Lessee's Facilities. Regardless of the foregoing, Lessee remains
responsible for all construction activities.
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6. Lessee's Facilities shall be installed by Lessee at its sole expense in a workmanlike
manner in compliance with all applicable building and electrical codes and all applicable laws, rules
and regulations. Lessee's Facilities installed by Lessee on Lessor's Tower shall be firmly anchored to
the Tower structure with tower fastener or straps. No penetrations or welds on Tower will be
allowed. Electrical conduits and cables shall be attached to the Tower, which attachments shall not
be greater than four (4) feet apart. All tower-fastening devices used by the Lessee shall be made of
stainless or galvanized steel. Lessee may place a portable building for equipment at Lessor's
Property no greater than ten feet (10') by ten feet (10') in size. If Lessee elects to place such a
portable building for equipment at Lessor's Property, Lessee shall arrange for and pay all costs of the
building, including erecting or installing the portable building. The said portable equipment building
shall at all times be the responsibility of Lessee, and Lessee assumes all responsibility for
maintenance, and damages arising therefrom of the building and all liability.
7. Lessee shall be responsible for the performance of any routine, or emergency repairs
or maintenance on Lessor's Tower and Lessee's Facilities which may be necessary in order to
maintain compliance with any applicable laws, during the term of this Lease Agreement.
Notwithstanding the foregoing, Lessee shall be solely responsible for the performance of any routine,
or emergency repairs or maintenance as to Lessee's Facilities and as to Lessor's Tower located at
Lessor's Property. Lessee may replace or upgrade any of its communications equipment at any time
Lessee deems such replacement or upgrade to be appropriate upon written permission granted by
Lessor. Lessor shall respond to Lessee's request to replace or upgrade within a reasonable time.
Lessee shall maintain its Facilities in accordance with reasonable engineering standards to assure that
at all times Lessee and its operation are in conformance with all applicable laws, rules and
regulations.
8. Lessee agrees to provide a list of names and telephone numbers of personnel that will
be entering said Property. The list shall be updated on a regular bases in writing and sent to the
following address: Facility Attachment Specialist, 550 15th Street, Suite 1000, Denver, Colorado
80202. In addition,Lessee agrees to abide at all times with rules and regulations as to site access and
the like implemented from time to time by Lessor, but only after such time that Lessee has received
written notice from Lessor of any such rules and regulations. to the extent rules and regulations
implemented by Lessor after the date of the execution of this Lease Agreement materially interfere
with Lessee's rights as detailed in this Lease Agreement,Lessee may terminate this Lease Agreement
pursuant to paragraph 13 (a)below.
9. Lessee will be responsible for all costs associated with the construction of Lessee's
Facilities.
10. All Lessee's Facilities shall be compatible with all other electric and/or communication
equipment installed on Lessor's Property. Lessee's Facilities shall cause no interference. Lessee's
communication equipment which will be placed on the ground must be approved by Lessor. All
electrical connections must be performed by qualified electrical personnel. Notice of such work shall
be provided by contacting the Ft. St. Vrain Power Plant Manager and Facility Attachment Specialist
24 hours in advance.
11. Lessee shall be responsible for obtaining any applicable permits, licenses or the like,
as such pertain to the installation, operation, maintenance, repair, replacement, or ownership of
Lessee's Facilities and this Lease Agreement. Neither party to this agreement shall be liable for
delays in performance due to causes not reasonably foreseeable by that party to the extent such are
2
beyond that party's reasonable control, if such causes are the result of acts of God, acts of civil or
military authorities, fires, floods, war or riot. Lessee's obligation to pay rent pursuant to paragraph
one (1) herein shall be suspended with respect to any period when Lessor's Tower is not usable for
Lessee's Facilities.
12. Lessee assumes responsibility for the negligent actions or misconduct of its officials,
employees and agents in the performance or failure to perform incident to this Lease Agreement and
for injury to or the death of any person, or physical damage to any property resulting from any act,
omission, condition or other matter related to or occurring on or about Lessee's facilities located on
Lessor's Property. In assuming responsibility for the negligent acts or omissions of its own officials,
employees and agents in the performance or failure to perform incident to this Lease Agreement, the
Lessee in no way assumes responsibility for the negligent acts or omissions of the employees or
agents of Lessor. Notwithstanding any provision contained herein to the contrary, Lessee does not
waive any immunities to which it is entitled by state statute.
13. This Lease Agreement may be terminated, on thirty (30) days' written notice as
follows: (a) by either party on default of any term or condition hereof by the other party, which
default is not cured within thirty (30) days following receipt of notice of default (b) by Lessee if it is
unable to obtain or maintain any license, permit or other governmental approval necessary to the
construction or operation of the facility of Lessee's business through no fault of Lessee; or (c) by
Lessor if it needs use of the Property for business operations or due to sale of the property. If this
Lease is terminated for any reason except defaults, neither party shall sustain any penalty or further
liability by virtue of the fact of the termination
14. Any notice to be given under this Agreement shall either be hand delivered, with
signed receipt, or mailed to the party to be notified at the address set forth herein, with signed receipt,
or by facsimile with confirmation, until such time as written notice of a change is received from the
party wishing to make a change of address. Any notice so mailed and any notice served by personal
delivery shall be deemed delivered and effective upon receipt or upon attempted delivery. This
method of notification will be used in all instances, except for emergency situations when immediate
notification to the parties is required. Any demand or notice to either party may be given to the other
party by addressing the written notice to:
LESSOR: Public Service Company of Colorado
Attn: Plant Manager
16805 Weld County Rd 19 h
Platteville, CO 80621
Copies to: Public Service Company of Colorado
Attn: Facility Attachment Specialist
550 15th Street, Suite 1000
Denver, Colorado 80202
Public Service Company of Colorado
Attn: Legal Department
1225 17th Street
Denver, Colorado 80202
3
LESSEE: Weld County Information Services
Attn: Shane Brown
915 10th Street,3rd Floor
Greeley, Colorado 80631
15. Lessee, and all of Lessee's contractors or subcontractors, prior to the installation of
any equipment, shall secure and maintain general liability insurance for claims for bodily injury or
death and property damage with combined single limits or not less than $1,000,000.00 and
$1,000,000.00 aggregate, and to have Lessor named an additional insured on such policy. Lessee
further agrees to provide, keep in full force and effect, and require of its contractors or
subcontractors, Workers' Compensation insurance pursuant to the laws of Colorado for all
employees entering upon the Property. All insurance hereunder shall remain in force for the entire
term of this Lease Agreement. Lessee represents that the foregoing obligations as to insurance are
satisfied by virtue of its participation in the Colorado Counties Casualty and Property Pool as
evidenced for the year 2001 in Exhibit C attached hereto. Lessee further represents that it will
maintain such coverage throughout the term of this Lease Agreement.
16. Environmental Matters.
(a) Lessee shall not use, store, place or maintain any hazardous materials on
Lessor's Property.
(b) "Hazardous Materials" means asbestos or any hazardous substance, waste,
petroleum or materials as defined in any federal, state, of local environmental or
safety law or hazardous regulation.
17. Lessee shall provide lessor final as-built drawings on 24" x 36" ink on mylar 30 days
after the completion of the construction. All drawings must be certified by a professional engineer
and/or surveyor licensed to practice in the State of Colorado.
18. This Lease Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the parties hereto. Lessee may not assign this Lease Agreement without
the prior written approval of Lessor.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year just written above.
THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD, COLORADO
By: 271 / Date: 10/31/2001
M. J. Zile it ' ���%
/ d.' a FA
,f Attest: o
Apo
BY: �A dot •
Deputy Clerk to the Bo.ty- 4
NOM? re4,
PUBLIC SERVICE COMPANY OF COLORADO
By: .61—.--(7/ Date: l--<'/cl/
2, f @7 .
„;43_r /'" Reviewed
Legal
5
EXHIBIT A
LEGAL DESCRIPTION
Parcel of land situated in Section 3, Township 3 North, Range 67 West of the Sixth Principal
Meridian, County Weld, State of Colorado.
190 foot lattice tower
6
EXHIBIT B
EQUIPMENT LIST/CONSTRUCTION PLANS
1. 50 foot level — Radiowave SP6D, 6 foot diameter dish with radome plus (2) runs of 5/8 inch
diameter coaxial cable
2. 75 foot level — RadiowaveSP4D, 4 foot diameter dish with radome plus (2) runs of 5/8 inch
diameter coaxial cable
3. Enclosure — Concrete pad, Rittal CS outdoor unit, a battery backup with rectifier, AC circuit
(30A @220 VAC) at enclosure location.
7
CO--:6-2 ..,, '.' C_J �„ �„v „ ".h .:,3L.C4C
E n/tTi,T C, <.WtT/ OF 3
r.
Certijicate of Participation
Colorado Counties Casualty and Property Pool
For the Coverage Period January 1, 2001 through December 31, 2001
WELD COUNTY
Colorado Counties Casualty and Property Pool (CAPP)hereby certifies that Weld Conn is a participating
Member of CAPP for the period beginning January 1,2001 through December 31, 2001. The coverages,
conditions of membership, and other provisions applicable to members of CAPP are as described in CAPP's
Bylaws and Intergovernmental Agreement and in the applicable excess policies,Policy Statements and
endorsements thereto, copies of which have been or will be provided to Weld County.
The types and monetary limits of the coverages provided to Weld County through membership in CAPP, in
consideration of the payment of its contributions, are limited, as of the date of this certificate,to those which
are shown below. The scope, terms, conditions, and limitations of coverages are governed by the
aforementioned agreement and policies.
1. The types of coverages,subject to the limit on CAPP's liability in Section 11 below,are as follows:
A. Property(including EDP, mobile equipment,and auto physical damage)
B. Liability
1. Bodily Injury,Property Damage(General Liability, Auto Liability)
2. Wrongful Acts committed in the conduct of duties(Public Entity Management Liability)
3. Bodily Injury, Property Damage,Personal Injury(Law Enforcement Liability)
4. Errors or omissions in the administration of an insured's employee benefits (Employee Benefits
Liability)
5. Injury resulting from healthcare professional services rendered by EMTs(Emergency Medical
Professional Liability)
C. Crime
1. Monies and Securities(inside)
2. Monies and Securities(outside)
3. Employee Fidelity
D. Boiler and Machinery
U. CAPP Retention,Aggregate Limits,and Member Deductibles
For the coverages described in Section I, CAPP shall be liable only for payment of the self-insured
retention and only ma total annual aggregate amount for members of CAPP as a whole of the amount of
the CAPP loss fund for the coverage period. CAPP's per claim/occurrence retention are limited to the
following for the foregoing coverages:
A. $150,000 per claim/occurrence property
B. $250,000 per claim/occurrence liability(per coverage line)
C. $150,000 per claim/occurrence crime
D. $5,000 per loss boiler and machinery
In addition, there is a maintenance deductible of $500.00, which applies to each of the County's first
0CT 18 '01 12:29 9703520242 PPGE.02
00 . a _ .c:c1 - ,u . -HA
Exn/x/r C cri'FFT 2 CT`'
party claims/occurrences/losses. Payment of the deductible reduces the amount otherwise payable
under the applicable CAPP retention.
Pertaining to all liability losses, CAPP has purchased an aggregate retention protection of$4 million.
Coverages in excess of the foregoing retention are provided only by the excess insurers in applicable
excess policies, and are payable only by those excess insurers. The limits of coverage provided by the
excess insurers are as follows:
A. Liability
From$250,000 per claim/occurrence to$2 million per claim/occurrence except for auto which
is non-aggregated,subject to the following:
All liability coverages are provided on a claims-made coverage form except for automobile
liability,which is on an occurrence form. In no event shall the maximum per
claim/occurrence payment exceed the following for general liability,auto liability,public
entity management liability,law enforcement liability,employee benefits liability or medical
professional liability claims subject to the Governmental Immunity Act: $150,000 per person
and$600,000 per occurrence. Additional limits,sublimits and aggregates apply as provided in
the applicable excess policies.
B. Crime
None
C. Boiler and Machinery
From $5,000 to the cost of repair/replacement for each actual loss sustained
D. Property
From$150,000 to$50,000,000 each occurrence. "All Risk"basis with sublimits of
$1,000,000 newly acquired property and $5,000,000 new construction each occurrence.
$500,000 unscheduled locations.Newly acquired property must be reported within 60 days.
The excess insurer for the coverage period is:
St.Paul Fire and Marine
Information concerning the CAPP loss fund for the coverage period may be obtained by contacting CAPP
through its Administrator, County Technical Services,Inc. (CYST).
Colorado Counties Casualty and Property Pool
By:
len E. , CTSI Executive Director
December 7, 2000
0CT 18 '01 12:23 9703520242 PRGE.03
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I +. I 41 ' 11 I-NyIpL� II A N N {S y7 °IkC1Tv'""4;.'K I' NM .J,L T T/(.,n r CE0.TIFICA EE M92R00)4103 '.
0. . 'R i 14 v ��a it K rxl,:�:! w ,IAA., Ltf i;y0�j" 3[pQ}�,['/LY
/FRO : ,,etU Q.4 ..J ail 'WC3e;`,.It1"4"1 P„_:veer .ti1Jn al 4 , w - ,w N ry u +4AI. .,eP TI11 ;. AND CONFERS
S3A0
PRODUCER THIS CERTIFICATE IS ISSUED A9 A MATTER OF INFORMATION ONLY AND CONFER
Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
1225 17th Sweet POLICY.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE
Deenver, 80202
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Suite 2100 COMPANIES AFFORDING COVERAGE
COC
COMPANY
174XX-WELD-01235- A COLORADO COUNTIES CASUALTY&PROPERTY POOL
INSURED COMPANY
WELD COUNTY B St.Paul Fire 8 Marine Insurance Company
cc COLORADO COUNTIES CASUALTY & COMPANY
PROPERTY POOL
1700 BROADWAY SUITE 1512 C
DENVER,CO 80290 COMPANY
o it • w� r. Nu-LI D FI;.t 'gn
This Is TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN F00. THE POLICY PERIOD INDICATED,
UED OR MAY
PERTAIN,THENNSURPNCE AFFORDED BY THE POM LICIES ES DESCRIBED HEREIN ItNDITION OF ANY s SUB ECT.TACT OR O ALR LOCUMENT L THE TERMS CONDITIONS AND EXTH RESPECT TO CLUSIONS OF THE CERTIFICATE CH POLICIES.CIESY SE.LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I LIMITS
LTft TYPE OF INSURANCE DATE IMWDONYI DATE INN:DOTTYI
GENERAL LU181 LITY GENERAL AGGREGATE $
Y .PER PARTICIPATION 01/01/01 01/01/02 PRODUCTS-COMR/OP ACC S 250,000
A X COMMERCIAL GENERALLIABIUT $ 250,000
a X I CLAIMS MADE OCCUR CERTIFICATE PERSONAL CCURREY INJURY
EACH OCCURRENCE $ 250,000
Lawmen&CONTRACTOR'S PROT
FIRE DAMAGE Any one OUR $
Ii I MED EXP(Any OnePARGR) $ -
-
AUTOMOBILE LIABILITY I COMRINEO SINGLE LIMIT $
I ANY AUTO IN
JURY NJURY $
ALL OWNED AUTOS (Per ILY N
SCHEDULED AUTOS
BODILY INJURY $
HIRED AUTOS IPer BEOOent)
NON-OWNED AUTOS
PROPERTY DAMAGE I $
GARAGE UABILITY AUTO ONLY-EA ACCIDENT „,SL`
�. 'I•
Pie. IjEz jy� '
OTHER THAN AUTO ONLY: !
gNYAU D
EACH ACCIDENT $
AGGREGATE $
-
EXCESS LJASIUTY EACH OCCURRENCE $ 1,750.000
GP09100426 01/01/01 01/01/02 AGGREGATE ,$ • 1,750,000
B UMBRELLA FOAM $
X OTHER THAN UMBRELLA FORM wCSIA IU• I UIH• 1
W6RNERS COMPENSATION AND TORY IAIU' l ER R
ENPLOYERB'UABIUTY EL EACH ACCIDENT $
THE PROPRIETOR/ r- INCL EL DISEASE-POLICY LIMIT _S.
OFFCES ARE
EI:UTNE EL DISEASE-EACH EMPLOYEE/$
OFFICERS ARE EXCL
OTHER PER PARTICIPATION 01/01/01 01/01/02 $150.000.OED. $500 ALL
A PROP,MOB ECU,AUTO PO CERTIFICATE REAL 8 PERSONAL PROPERTY
B PROP,MOB EQU,AUTO PD GP09100425 01/01/01 01/01/02 $50.000,000 XS OF$150.000
DESCRIPTION CF OPERATiONS/LOCATIONSPIEHICLES/SPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS)
CE
RTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED y AND LOSS PAYEE AS RESPECTS LEASE OF COPY MACHINES
q'P,ta SY;R ': .M/ Kt�l� Sitt l'4Gl^h�vY51, t'n 0 I, I4 ,
MOULD ANY OF TAO POLICIES DBSGRISEO NIACIN se CANCELLED BEFORE TMB EVFIRARON GATE TIERPOR
TMe INSURER AFPDRDINO GOVWAOE WILL ENDEAVOR TO MAIL-3D OATS WRITTEN NOTDe TO THE I
CBATFICATE HOLDER NAMED HURON.BUT FAILURE TO MAIL SUCH NOTICE MALL IMPOSE NO OBLIGATION OR
LIABILITY or ANY KIND UPON TMI INSURER AFP0R0NG COVERAGE ITS AGENTS OR AIPRESENTATNIS.
MARSH USA INC. n
} C�t{ �TF, BY: Ray Leonard aw
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ZIAWiZ/T C S/9EL/ 2 07$
OCT 18 '01 12:30 9703520242 PAGE.04
Xcei Energy-
414 Nicollet Mall
Minneapolis,Minnesota 55401-1993
August 16,2001
To Whom It May Concern
Re: Delegation of Authority
Ladies and Gentlemen:
In keeping with the need to conduct normal business in an expeditious manner, the following
delegation of authority is provided:
1. This delegation of authority constitutes my authorization as required by Company Bylaws to act
on my behalf and on behalf of Public Service Company of Colorado,doing business as Xcel
Energy, for matters relating to Asset Permit Applications and Site Lease Acknowledgments for
the installation of Personal Communication Services (PCS) equipment onto the Public Service
Company of Colorado infrastructure.
2. David Baca is authorized to act as AGENT for the companies listed above. Authority is granted
'to sign and execute applications, contracts and agreements on behalf of the above named
company up to a value of Thirty Thousand Dollars ($30,000.00).
3. Provisions of this mew will expire 14 August 2002.
a( LA—try"'
Ann Tessier
Vice President
Business Innovation
Xcel Energy
550 15th Street,Suite 1000
Denver,Colorado 80202
October 29, 2001DI
0CT302001 Iii
Cyndy Giaugque
Weld County Attorney's OfficeWELD COUNTY
915 10th Street AnORNE1 S OFFICE
Greeley, Colorado 80631
Re: Ft. St. Vrain Power Plant—Weld County Communication Site
Dear Cyndy:
Enclosed please find two original agreements for the above referenced project.
Please have the proper authority sign both documents and return one to me with a check
in the amount of$1,200.00.
In the interest of saving time, please note that I have executed both documents so
that Weld County may move forward with the project. If you have any questions, please
do not hesitate to contact me at (303) 571-7685. As always, thank you for your
assistance on this matter.
Sincerely,
David P. Baca
Facility Attachment Specialist
Enclosures
2001-3103
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