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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. 11`E 1 . • Li, ,p N t ' < � ti 1 3 J o 'c' 0 V. ♦• r W W• . . •_ r 4 • • r,.\.,.. Q V ` CD _ • 4 CC Ill ----1 _ . . IQ L J W I- 1 U _ IL a- W O WO CI O 1 z O W N J W W M W CSI z< W J N v J W l� n ry _ H = W N to W N V ¢ M 1 Y- N W WA. J z m L O J w 0 f W O < U`` ¢ u z u ,1tt a a o • D ¢ Z = V W -`k 4+ N ❑ Y- O N 4 T, , > O W u R' O x h � Eaa cc - W Q C H :.1 W M1•� 1v) W _ J a W J L W IA O .- la.. , r W N a < Z s- O W t1 M M • V m CO ≤ O ,f W . < = N _ Q Yl < V O V O 1 r7 0000 R • p.:..M • 4 1- N N N 2 W ,:•••E:4, K:. • y� :4 f�r:.r. r'C� 'yl1 • i;lt hR t* tT t�,. . CI z o m r CI •b `R. \ W { < Z • 1IN' _ W• 0 O _ u) i.,_ • ..�'� Z O h4 k • r , • 1• . N in W t H u M o N m •a 0 ; to • 17 O 3 u a F <Ls f 5 N W re ,‹ zp 7 1 ‘'''' . ,/ . . • N a \-, ;- W I- J J z V m a a la u J _ r < x W O O 0 J ? W L 1 J • W O an �� ~u¢W 1 Nn vs • W ^"1z m F r > > a a r4 C.5 ,.....4.,.:As Z - o O u oar q Q O O O l— O W z I• a _\ 0 X z 3 z W NN`� ,..r, I. O O m `. f J W W W O tl z < s _. O < J O cC in u O W > in O z W ¢ U. F M J a , O W j i m u •,W O O t9 O a 0 80000 = nzk\ L 'Q HUM SH3k O4SNVH1 CNN( SN313Yf 13S3N Q HUM S11NA 03JVld3Ii'I XId3Hd H11M SLIM 0311113x! 'fllNfl 9NILSIX3 010•LINO 1YNIU) H HLIM SPINA A19W3SSV NOISH3ANO3 'N X1d3Hd HAWN S3NIl 9NI1SIX3 01 0300Y 1 SLIM NOIl Jlll1SNO3 M3H '1 I Hl IM 51.5510 9NILSIX3 11VJIONI '501.1301/30 0NY SH 3w1HO4SNVH1 'SN3HHOJ 'dvl iv NJ1371S NO S310d N38Y'1flN 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. • V-I181HX3 Ul W 1'� r T. 3 - `� a n *I 0 M '� f �. o �n i... _ ^+1 , w - , vl Q I W W w N z C u �I < • ,' �n m G' = u = ck `1S < U3 o u• S'•-• O • V W t ~ h \x Y a0 a I- Cl.a ‹...1C CI CC Z 111 a Ili O W N p W Wr sn \ O z x < J mz� C. vl •.-- rt Sl7 03 < W J - N N J V J4 Z,- x W N -' w o V R' `L^ \ _ 4 W u, O J J z m U ' p < ` Q W O M W Z U 44 J C U 7 N O �Ja� 4 W p w F 4- g 2� z U, • W z z w v;o r O < N • iy W M W N 1\ W N O z .l, d • U J m J O Z 7 M It < Y m < < U J F Q W R „,>" < U N O d C. �- p �~o _ < u 'c O o a ,- v, .n ,n z ce O 1 4 N 2 ' A )rr W ."N" 3 acQ W W W W Z 0000 tn - ' • ' W . 'S.. • Z 2 CO • 2 ~ W < - V6 u, U a t� 41 �, a W co 7 ELJ W C.6 w f ELI • -� 1 0 p k Q �j • o V_ W Lell A W O yr le dl \rt (. ^ V . W1 cc ' J W N O O a.Q I. N cr r cc N • o ` W V U (��\ N 1') O N ' - o 1•-• N X F. 7 ' < O U a U . 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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" Hello