HomeMy WebLinkAbout850338.tiff RESOLUTION
RE: APPROVAL OF AGREEMENTS FOR INDETERMINATE SERVICE PLAN
EXTENSION BETWEEN WELD COUNTY AND UNION RURAL ELECTRIC
ASSOCIATION, INC. AND AUTHORIZATION FOR CHAIRMAN TO SIGN
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 two Agreements for
indeterminate service plan line extensions between Weld County and
Union Rural Electric Association, Inc. concerning the installation
of certain electric distribution facilities for a mobile home and
shop at the Mead Grader Shed Site, and
WHEREAS , after review, the Board deems it advisable to
approve said Agreements and authorize the Chairman to sign same,
copies of said Agreements being attached hereto and incorporated
herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the aforementioned an line Agreements for
andnUnionm Rural s Electric lAssociation, Inc. be,between
be and
Weld County
hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Agreements.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
October, A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: a WELD COUNTY, COLORADO w atA4A;tuitatek;vCl'aate
Weld County Clerk and Recorder a ue ne Jo on, Chairman
and Clerk to t//h�',e� Board /® east
BY: � LUIXJ Lim ititt ene R. Branteer, Pro-Tem
Deputy County Clerk
APPROVED A TO FORM: C. . Ri
v Go d ac
County Attorney EXCUSED DATE SIGNING - AYE
Frank Yamaguc i
850338 2',
Account No. 20-17-. ,1 ) work Order No. 8508-11
AGREEMENT
FOR
INDETERMINATE SERVICE PLAN LINE EXTENSION
THIS AGREEMENT, made by and between UNION RURAL ELECTRIC ASSOCIATION,
INC., a Colorado corporation (hereinafter called the "Association") and
Weld County Commissioners , a(n) Gove' t Entity (hereinafter called "Applicant"),
WITNESSETH:
WHEREAS, the Applicant has requested the Association to install certain electric
distribution facilities to provide electric service for the Applicant's shop
Section 17 , Township (hereinafter called the "Project"), located in the
3N , Range 631• of the 6th P.M., and;
WHEREAS, the Association is willing to provide said facilities in accordance with its
Service Connection and Line Extension policies for "INDETERMINATE SERVICE PLAN"
on file at the Association's offices and currently in effect;
NOW, THEREFORE, for and in consideration of the mutual convenants and agreements
hereinafter contained, the parties hereby agree as follows:
1. Except as otherwise provided herein; the Association shall install, own, operate, and
maintain an underground line extension to provide 1 phase, 3 wire,
sixty cycle, 240 volt service for the project.
2. The terms of this Agreement shall apply only to the line extension and those
facilities necessary to provide service to the Project as indicated on the plat
attached hereto and made a part hereof as "EXHIBIT A".
3. The Applicant shall provide the Association with an accurate copy of the final plat
of the Project and such other information as the Association may reasonably
request.
4. The Applicant hereby grants to the Association the right to enter upon the land of
the Applicant described herein to construct, operate and maintain the electric
distribution facilities, together with full right of ingress and egress.
5. The Applicant desires to have the electric distribution facilities described herein
installed within 120 days. The Association does not warrant or promise that the
facilities will be installed within that time period, but it shall use reasonable
diligence to provide said facilities within that period of time. If said facilities
cannot be installed within that period of time , the Association shall not be liable
therefor or for damages caused thereby, particularly if installation is prevented by
an Act of God, Governmental Authority, action of the elements, accident, strikes,
labor trouble, inability to secure materials or equipment, or any cause beyond the
the reasonable control of the Association.
6. The Association shall perform all right-of-way clearing required for the
construction of the facilities described herein in accordance with the Association's
specifications.
7. The Association shall perform all trenching and backfilling, including any rock
removal and backhoe work, in accordance with the Association's specifications.
8. The Applicant shall establish and stake all easements or rights-of-way on land
owned by the Applicant for installation of the Association's facilities. The
Applicant shall assume all responsibility for proper location thereof and shall
reimburse the Association for any expense due to subsequent changes and for any
damage claims against the Association, plus full reimbursement for damages
established and expenses incurred in regard thereto, including reasonable attorney's
fees and court costs.
9. The Association shall install the facilities described herein, in accordance with good
engineering practice after the Applicant has established right-of-way, cut
easements to final grade and prior to the paving of any streets and the construction
of any curbs and gutters. The Applicant shall reimburse the Association for any
expense due to subsequent changes by the Applicant.
10. The Applicant shall be responsible for coordinating all construction activities within
the Project, including but not limited to the installation of utilities. The Applicant
shall reimburse the Association for any expenses incurred by the Association to
repair damages to its facilities caused by the Applicant or other parties during the
construction period.
AGREEMENT FOR INDETERMINATE SERVICE PLAN LINE EXTENSION
Page 2
11. The Association hereby acknowledges receipt of a construction deposit in the
amount of $ 1625. 16 from the Applicant; said deposit being equal to the
estimated total cost of the line extension. Upon completion of the construction of
the line extension, the construction deposit shall be compared to the actual cost of
said line extension as entered into the books of the Association. If the actual cost
is less than originally estimated, the Association shall refund the difference to the
Applicant.
12. The estimate of the cost of electric facilities to be provided hereunder shall be
valid until December 31 , 19 85 . The Association reserves the right to revise
said estimate and to require an increase in the construction deposit from the
Applicant in the event the facilities cannot be installed by that date for any cause
beyond the reasonable control of the Association. If the Applicant requires
construction of the facilities when the ground is frozen or at a time when inclement
weather will result in construction costs greater than the cost originally estimated,
the Applicant shall advance the estimated additional cost to the Association, as a
contribution in aid of construction, prior to the construction of the facilities.
13. The construction deposit as adjusted by the terms of the preceding paragraph, shall
be subject to refund by the Association only if the nature of the Applicant's electric
service changes from indeterminate service to permanent service. In such an
event, the Association's Permanent Service Plan line extension policy shall apply
and said construction deposit shall be refunded, without interest, to the extent .
permitted by that policy. The right to a refund shall cease at the end of the five (5)
year period immediately following completion of the construction of the extension
or upon the bankruptcy of the Applicant, whichever occurs earlier.
14. The Applicant may terminate this agreement at any time prior to or during the
actual construction of electric facilities described herein by the Association. In
such an event, a portion or all of the consideration paid by the Applicant in advance
to the Association hereunder shall be used to reimburse and pay the Association for
all expenses or liabilities which may theretofore have been incurred by the
Association for engineering, construction, materials and equipment purchased or
ordered, prior to the date of termination; with the balance of the construction
deposit, if any, to be refunded to the Applicant. If the actual cost to the
Association proves to have been greater than the construction deposit, the
Applicant shall pay the difference to the Association within thirty (30) days
following written notice of such excess amount.
15. Electric service shall be provided to customers located within the Project at the
Association's applicable rates and upon the terms and conditions now in effect or at
the rates and upon such terms and conditions as may hereafter be lawfully adopted
by the Association for such service.
16. This agreement shall be binding upon and inure to the benefit of the successors,
legal representatives and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
this 3/ day of P/ , 19 s-5.
ATTEST ORWITNESS UNION RURAL ELECTRIC ASSOCIATION, INC.
By e,r .
(Signs re) ( ignature
}�
General Manager
ATTEST OR WITNESS`` (Title) '—
•
�( l�iwv�7 Weld County Commissioners
e) (Applicant
B
Del* County Clerk y
ignature)
Chairman
(Title)
Address/ P.O. Box 758
Greeley, Colorado 80632
*If other than president, vice-president, partner or owner, a power of attorney must
accompany contract.
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Weld County Commissioners Acct. #20-17-25(1 )
IN WITNESS WHEREOF,THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT THIS 16TH
DAY OF OCTOBER ,is 85 • SOCIAL SECURITY #
UNION RURAL ELECTRIC ASSOCIATION, INC. DRIVERS LICENSE *
BY I)ft, c ,=t ?L" Weld Count Commissioners
(CON UMER LE LNAME)
TITLE BY
LEGAL TURF)
LOCATION SEC. TITL ai
T.W.P. R P O. Box 758
(MAILING ADDRESS)
LOT ,BLOCK Greeley, Colorado 80632
CITY) (STATE) (LIP)
SUBDIVISION
PHONE # HOME
WORK 356 /I000 X4200
•IF OTHER THAN PRESIDENT, VICE-PRESIDENT,PARTNER OR OWNER,A POWER OF ATTORNEY MUST ACCOMPANY CONTRACT.
KEEP THIS PORTION FOR YOUR RECORDS
RATE PREVIOUS PRESENT o%" EMq rig KW OR KWH DESCRIPTION OF CHARGES SALES AMOUNT
READING READING aEooinRu MULTIPLIER USED OR CREDITS TAX INC LURING
Estimated Indeterminate TA
Service Plan Line Extension
)eposit for shop 1625 16
:onnect Fee 35 00
107.21
W.O.#8505-11
Acct. #20-17-25(1 )
ACCOUNT NUMBER SERVICE TO
3002829 MO. DAY YR. THIS BILL MAY PREVIOUS BALANCE OR CREDIT IF
NOT REFLECT PAYMENTS SINCE LAST BILLING ►
RECENT PAYMENTS ARREARS ►
`
" U N 10 N AMOU 166016
Weld County Commissioners DUE
NT
a P.O. Box 758
UNION WAAErlr`XE"AUK.
F` Greeley Colorado 80631-0758 °'P-"° METER
r.O.SOX ar Greeley, PEGGING NUMBER
Ia1S.n c.Iv.d. 10101
PAY ON OR BEFORE
THIS DATE
PLEASE RETURN THIS PORTION WITH YOUR REMITTANCE TO INSURE PROPER CREDIT TO YOUR ACCOUNT
ACCOUNT NUMBER 3002829 KWH USED SERVICE TO
PRESENT DATE DUE
READING
Weld County Commissioners
P.O. Box 758
Greeley, Colorado 80631-0758
TOTAL AMOUNT DUE $1660. 16 AMOUNT PAID E
MINUS AFTER AMOUNT INDICATES PAYMENT OR CREDIT.
UNION RURAL ELECTRIC ASSN., Inc.
P.O.Box 359
Brighton,Colorado 80601
•
Account No. 20-17-24(1 )
Work Order No. 8508-1
AGREEMENT
FOR
INDETERMINATE SERVICE PLAN LINE EXTENSION
THIS AGREEMENT, made by and between UNION RURAL ELECTRIC ASSOCIATION,
INC., a Colorado corporation (hereinafter called the "Association") and
Weld County Commissionerc a(n) Gov' t ntity
_(hereinafter called "Applicant").
WITNESSETH:
WHEREAS, the Applicant has requested the Association to install certain electric
distribution facilities to provide electric service for the Applicant's mobile home
Section 17 . Townshi (hereinafter called the "Project"), located in the
p 3N , Range 68W of the 6th P.M., and;
WHEREAS, the Association is willing to provide said facilities in accordance with its
Service Connection and Line Extension policies for "INDETERMINATE SERVICE PLAN"
on file at the Association's offices and currently in effect;
NOW, THEREFORE, for and in consideration of the mutual convenants and agreements
hereinafter contained, the parties hereby agree as follows:
1. Except as otherwise provided herein; the Association shall install, own, operate, and
maintain an _underground line extension to provide
c cle p 1 phase, 3 wire,
sixty y , 2�_volt service for the project.
2. The terms of this Agreement shall apply only to the line extension and those
facilities necessary to provide service to the Project as indicated on the plat
attached hereto and made a part hereof as "EXHIBIT A".
3. The Applicant shall provide the Association with an accurate copy of the final plat
of the Project and such other information as the Association may reasonably
request.
4. The Applicant hereby grants to the Association the right to enter upon the land of
the Applicant described herein to construct, operate and maintain the electric
distribution facilities, together with full right of ingress and egress.
5. The Applicant desires to have the electric distribution facilities described herein
installed within 120 days. The Association does not warrant or promise that the
facilities will be installed within that time period, but it shall use reasonable
diligence to provide said facilities within that period of time. If said facilities
cannot be installed within that period of time , the Association shall not be liable
therefor or for damages caused thereby, particularly if installation is prevented by
an Act of God, Governmental Authority, action of the elements, accident, strikes,
labor trouble, inability to secure materials or equipment, or any cause beyond the
the reasonable control of the Association.
6. The Association shall perform all right-of-way clearing required for the
construction of the facilities described herein in accordance with the Association's
specifications.
7. The Association shall perform all trenching and backfilling, including any rock
removal and backhoe work, in accordance with the Association's specifications.
8. The Applicant shall establish and stake all easements or rights-of-way on land
owned by the Applicant for installation of the Association's facilities. The
Applicant shall assume all responsibility for proper location thereof and shall
reimburse the Association for any expense due to subsequent changes and for any
damage claims against the Association, plus full reimbursement for damages
established and expenses incurred in regard thereto, including reasonable attorney's
fees and court costs.
9. The Association shall install the facilities described herein, in accordance with good
engineering practice after the Applicant has established right-of-way, cut
easements to final grade and prior to the paving of any streets and the construction
of any curbs and gutters. The Applicant shall reimburse the Association for any
expense due to subsequent changes by the Applicant.
10. The Applicant shall be responsible for coordinating all construction activities within
the Project, including but not limited to the installation of utilities. The Applicant
shall reimburse the Association for any expenses incurred by the Association to
repair damages to its facilities caused by the Applicant or other parties during the
construction period.
AGREEMENT FOR INDETERMINATE SERVICE PLAN LINE EXTENSION
Page 2
11. The Association hereby acknowledges receipt of a construction deposit in the
amount of $ 1625. 16 from the Applicant; said deposit being equal to the
estimated total cost of the line extension. Upon completion of the construction of
the line extension, the construction deposit shall be compared to the actual cost of
said line extension as entered into the books of the Association. If the actual cost
is less than originally estimated, the Association shall refund the difference to the
Applicant.
12. The estimate of the cost of electric facilities to be provided hereunder shall be
valid until December 31 , 19 85 . The Association reserves the right to revise
said estimate and to require an increase in the construction deposit from the
Applicant in the event the facilities cannot be installed by that date for any cause
beyond the reasonable control of the Association. If the Applicant requires
construction of the facilities when the ground is frozen or at a time when inclement
weather will result in construction costs greater than the cost originally estimated,
the Applicant shall advance the estimated additional cost to the Association, as a
contribution in aid of construction, prior to the construction of the facilities.
13. The construction deposit as adjusted by the terms of the preceding paragraph, shall
be subject to refund by the Association only if the nature of the Applicant's electric
service changes from indeterminate service to permanent service. In such an
event, the Association's Permanent Service Plan line extension policy shall apply
and said construction deposit shall be refunded, without interest, to the extent
permitted by that policy. The right to a refund shall cease at the end of the five (5)
year period immediately following completion of the construction of the extension
or upon the bankruptcy of the Applicant, whichever occurs earlier.
14. The Applicant may terminate this agreement at any time prior to or during the
actual construction of electric facilities described herein by the Association. In
such an event, a portion or all of the consideration paid by the Applicant in advance
to the Association hereunder shall be used to reimburse and pay the Association for
all expenses or liabilities which may theretofore have been incurred by the
Association for engineering, construction, materials and equipment purchased or
ordered, prior to the date of termination; with the balance of the construction
deposit, if any, to be refunded to the Applicant. If the actual cost to the
Association proves to have been greater than the construction deposit, the
Applicant shall pay the difference to the Association within thirty (30) days
following written notice of such excess amount.
15. Electric service shall be provided to customers located within the Project at the
Association's applicable rates and upon the terms and conditions now in effect or at
the rates and upon such terms and conditions as may hereafter be lawfully adopted
by the Association for such service.
16. This agreement shall be binding upon and inure to the benefit of the successors,
legal representatives and assigns of the respective parties hereto.
IN WITNS WHEREOF, the parties hereto have caused this Agreement to be executed
this cf/ day of �&Z. 19 .
ATTEST OR WITN, J UNION RURAL ELECTRIC ASSOCIATION, INC.
C
/ c "79`' //('6— By
(Sign$) Signature
(Signal
General Manager
ATTEST OR WITNESS (Title)
X 4-Qv Weld County Commissioners
�(Si n ure) , /� (Applicant)
/C11/ Daly County atm By ignatur
Chairman
(Title*)
Address)( P.O. Box 758
Greeley, Colorado 80632
*If other than president, vice-president, partner or owner, a power of attorney must
accompany contract.
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Commissioners Acct. #20-17-24(1 )
Weld County 16TH
IN WITNESS WHEREOF,THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT THIS
8
_____ BER, 1y SOCIAL SECURITY
DAY OF DRIVERS LICENSE#
UNION RURAL E CTRI OCIATION,INC. . o nt Commissioners
-c-c- -�'�� (CON ER'S GA 1 AM )
BY
TITLE EGAL SIG A RE)
SEC. TITL
LOCATION P.O. BOX 758
(MAILING ADDR SS)
T.W.P._--- R Greele Colorado 80632
LOTS
,BLOCK (CITY) ( ATE (
-
SUBDIVISION-------- PHONE * HOME - -
WORK 356-4000 X4200
•IF OTHER THAN PRESIDENT, VICE-PRESIDENT,PARTNER OR OWNER,A POWER OF ATTORNEY MUST ACCOMPANY CONTRACT.
KEEP THIS PORTION FOR YOUR RECORDS
g? DESCRIPTION OF CHARGES SALES AMOUVNT
PREVIOUS PRESENT Gn" S�Ho MULTIPLIER KW OR KWH TAX IN0ITUADING
RATE USED OR CREDITS XXXX
READING READING
Estimated Indeterminate
Service Plan Line Extension
Jeposit for Trailer House 1625
16
Connect Fee 35 00
107.21
W.0.#8508-11
Acct.# 20-17-24(1)
ACCOUNT NUMBER SERVICE TO I
MO. DAY YR. THIS BILL MAY PREVIOUS BALANCE OR CREDIT ►.
p p NOT REFLECT PAYMENTS SINCE LAST BILLING ► I
3002828 RECENT PAYMENTS ARREARS I. I
TOTAL i
( Weld County Commissioners AMOUNT 1660116
UNION P.O. Box 758
at Greeley, Colorado DIGITS METER
s, UNION RURAL ELECTRIC.UK.Y4 READING NUMBER
r.o.ror vs 80631-0758 PAY ON OR BEFORE
poN•n c.w.a. wwl THIS DATE
PLEASE RETURN THIS PORTION WITH YOUR REMITTANCE TO INSURE PROPER CREDIT TO YOUR ACCOUNT
KWH USED SERVICE TO
ACCOUNT NUMBER 3002828
PRESENT DATE DUE
READING
Weld County Commissioners
P.O. Box 758
Greeley, Colorado 80631-0758
TOTAL AMOUNT DUE $1660.16 AMOUNT PAID S
MINUS AFTER AMOUNT INDICATES PAYMENT OR CREDIT.
UNION RURAL ELECTRIC ASSN., Inc.
P.O.Box 359
Brighton,Colorado 80601 •
�QV' IU
j .�
UNION RURAL ELECTRIC ASSOCIATION, INC.
�� . P.O. Box 929 Route 7
I I Brighton, Colorado 80601 Box 601
o G (303) 659-0551 Golden, Colorado 80403
(303) 642-7921
October 11 , 1985
Weld County Commissioners
Weld County Road and Bridge
P.O. Box 758
Greeley, Colorado 80631-0758
Gentlemen:
Enclosed are an original and two copies each of an Agreement for
Indeterminate Service Plan Line Extension, applications for service,
and billings to provide electrical facilities to your mobile home
and shop in Section 17, Township 3 North, Range 68 West.
Please sign where indicated in the presence of a witness and return
the originals and one copy of each agreement, the signed applications
and your check to our office as soon as possible.
If you have any questions, please call me.
Sincerely,
UNION RURAL ELECTRIC ASSOCIATION, INC.
672`99-6.-
Dorthy Ruggles
Supervisor
Engineering Support Services
DR/slt
Encl .
"A Consumer-Owned Utility Serving Five Front Range Colorado Counties"
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