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Home My WebLink About20251848.tiff Resolution Approve Non-Exclusive License Agreement for Construction,Maintenance,and/or Use of United Power Lines Within Public Road Right-of-Way for Dacono Grader Shed Project,and Authorize Chair to Sign—United Power,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,the Board has been presented with a Non-Exclusive License Agreement for Construction, Maintenance, and/or Use of United Power Lines within Public Road Right-of-Way for the Dacono Grader Shed Project between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and United Power, Inc., with further terms and conditions being as stated in said agreement,and Whereas,after review,the Board deems it advisable to approve said 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 Non-Exclusive License Agreement for Construction, Maintenance, and/or Use of United Power Lines within Public Road Right-of-Way for the Dacono Grader Shed Project between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and United Power,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 Board of County Commissioners of Weld County,Colorado,approved the above and foregoing Resolution,on motion duly made and seconded,by the following vote on the 30th day of June,A.D.,2025: Perry L.Buck,Chair:Aye rn.•M--., Scott K.James,Pro-Tem:Aye l+/��. Jason S.Maxey:Aye ♦ .ee �1► Lynette Peppier:Ayeteilh Kevin D.Ross:Excused oo "'` Approved as to Form: �,OUIA\�I Bruce Barker,County Attorney Attest: Esther E.Gesick,Clerk to the Board cc:l (o/cN) 2025-1848 a-►/o /25 BG0027 Cwivac*-loi4Ruz9 FACILITIES DEPARTMENT PHONE:(970)400-2020 rr ; FAX:(970)304-6532 WEBSITE:www.co.weld.co.us 1105 H STREET P.O.BOX 758 GREELEY,COLORADO 80632 June 18,2025 To:Board of County Commissioners From:Patrick O'Neill Subject:Dacono Grader Shed—Electrical Service Right of Way Agreement Construction of the new Dacono grader shed is currently underway.United Power is the local utility that provides electrical service in this area.In order to get electrical service to the new Dacono grader shed,United Power will need a dedicated right of way to run the power lines in.This agreement will give United Power the right of way necessary to allow them to run the cabling to the building to access power from their electrical grid. If you have any questions,please contact me at extension 2027. Sincerely, Patrick O'Neill Director 2025-1848 P/3 B400a7 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE:Dacono grader shed electrical right of way agreement DEPARTMENT: Facilities DATE:June 18,2025 PERSON REQUESTING: Patrick O'Neill Brief description of the problem/issue: The electrical service for the new grader shed needs to have a dedicated right of way into the property.This agreement with United Power will give them the right of way to get the power to the building. What options exist for the Board? 1. Approve the agreement 2. Deny the agreement Consequences: Impacts: Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years): Recommendation: Facilities recommends placing this agreement on an upcoming BOCC agenda for approval. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L.Buck . °9' - Scott K.James Viet 11,. M u i Jason S.Maxey .; '!/l Lynette Peppier Kevin D.Ross NONEXCLUSIVE LICENSE AGREEMENT FOR THE CONSTRUCTION, MAINTENANCE,AND/OR USE OF UNITED POWER LINE ON WELD COUNTY OWNED PROPERTY THIS NONEXCLUSIVE LICENSE AGREEMENT(`License Agreement") is made and entered into this O day of cuX11).., 2025,by and between WELD COUNTY,COLORADO,by and through the Board of County Commissioners of Weld County, Colorado, whose address is 1150 0 Street, Greeley, Colorado 80631, hereinafter referred to as "County", and UNITED POWER, INC. a Colorado corporation, whose address is 500 Cooperative Way, Brighton, Colorado, 80603, hereinafter referred to as"United". County and United may be referred to herein collectively as"the Parties." WHEREAS,County is the fee owner of property located in Section 17, Part of the NE4NE4 of Section 17,Township 1 North,Range 67 West of the P.M., more particularly described as LOT B Recorded Exemption RE-3982, parcel number 146917100045 in Weld County,Colorado("Property"). WHEREAS the United Power wishes to acquire a license agreement to install a new underground electric line on Property to serve the public("New Project") WHEREAS this License Agreement is necessary for the purpose of licensing United's facilities on the Property and to outline the Parties future responsibilities. 5038737 Pages: 1 of 7 07/01/2025 09:04 AM R Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld County,CO /III lRMINIMRJ 'V1 h'LI' L''Wmh 111111 NOW,THEREFORE,in consideration of the covenants contained herein and the agreements of United to be performed hereunder,and upon the conditions herein stated, County grants to United, its successors and assigns, a nonexclusive license to construct,maintain,and/or access the Project within the Property. The conditions by which United may construct,maintain,and/or access the power lines and equipment are as follows: 1. The Parties intend that this License Agreement shall allow United to construct,maintain,and access the power lines and facilities in accordance with the location and design shown in the attached Exhibit A. 2. County retains the right to revoke this License Agreement at any time for good cause as reasonably determined by the County,and such revocation may operate,at County's sole discretion,to require United to remove and vacate all facilities and uses that County deems not to be in the best interests of the public.Such revocation shall not prohibit United's continued use of the ROW for access to United's property,to the extent that such continued use is consistent with the right of the public to use the ROW.County shall give United written notice of its intent to revoke this License Agreement at least six(6)months prior to the intended date of revocation.Such notice shall be sent to United by Certified Mail to its address written above or served upon United in accordance with the Colorado Rules of Civil Procedure.United shall have the duty of informing County of United's change in address from the above stated address. 3. The construction,maintenance,and/or access of the power lines within the Property by United shall be done in such manner as reasonably prescribed by County,which manner shall include,but not be limited to,the following: a. The Property shall be maintained in the present state as found at this time. b. This License Agreement does not grant the right to gate or fence the Project for private use. c. Prior to commencing any activities within the Project,United shall, in accordance with County,agree to the exact location of the exterior boundaries of the New Project ROW. 4. Any maintenance of any of United's facilities in the New Project shall be at its own expense and without the aid or use of County funds. 5038737 Pages: 2 of 7 07/01/2025 09:04 AM R Fee:$0.00 Carly KOPPes,Clerk and Recorder,Weld County,CO 11III 1.111IMIa# IIII~'I I,M IL IMElt t:ftild I,klid 111111 5. Except for the negligence of County, United shall indemnify and save harmless County,its successors,assigns,employees,and agents from any damage or loss sustained by them or any of them to the extent caused by United's negligence with respect to the maintenance and/or use of the New Project ROW. 6. Except for the negligence of County,United agrees to protect County and save and hold it harmless from any and all third-party claims and damages that said maintenance and/or use may directly or indirectly cause to the extent attributable to the negligence of United. United hereby releases County,its successors,assigns,employees,and agents from any and all claims and damages of whatsoever character to said New Project ROW by United resulting from any act,either on the part of the County or on the part of any third party. 7. Other than assignments in connection with the mortgage or sale of all or substantially all of the United's assets or equity interests in United,for which no consent shall be required,United shall not assign any or all of its rights under this License Agreement without first obtaining written consent to such assignment from County,which consent shall not be unreasonably withheld. 8. The Parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein,and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party hereto,or its agents or employees. This License Agreement embodies all agreements between the Parties and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 9. If any term or provision of this License Agreement,or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable,the remainder of this License Agreement,or the application of such terms or provisions,to a person or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected,and every other term and provision of this License Agreement shall be deemed valid and enforceable to the extent permitted by law. 10. No portion of this License Agreement shall be deemed to constitute a waiver of any immunities the Parties or their officers or employees may possess,nor shall any portion of this License Agreement be deemed to have created a 5038737 Pages: 3 of 7 07/01/2025 09:04 AM R Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld County,CO 1111 RAVI MICH 11111 duty of care which did not previously exist with respect to any person not a party to this License Agreement. 11. It is expressly understood and agreed that the enforcement of the terms and conditions of this License Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned Parties and nothing in this License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this License Agreement. It is the express intention of the undersigned Parties that any entity other than the undersigned Parties receiving services or benefits under this License Agreement shall be an incidental beneficiary only. It is mutually understood and agreed that this License Agreement and all the terms and conditions hereof shall extend to and be binding upon the Parties hereto,their successors,and assigns. UNITED POWER,INC.: By: ALA K u_trine,rlll Date: &NS 2�J Title: Sire E C 4D SUBSCRIBED AND SWORN to before me this'L5 day of Juno. 2025, By VERONICA L GARCIA Notary Public W NESS my hand and official seal State of Colorado VJA--"* Notary iD 12004401712E IiAirConmia+al II><aes o6-t i-�02allotary ublic .� My commission expires: -12-2 0 zS o U- m3M 1,1 WELD COUN ..�2 ..-rito:AOARD OF OUNTY COMMISSIONERS v� Weld County Clerk to the Board WELD COUNTY,COLORADO LL BY: linthri d Deputy Clerk to the Bo z , N; L.B k,Chair m"fi� JUN 3 0 2025 mr= I86i 7}L "slip NOu 1 z o75-1�547s EXHIBIT A PROPOSED UTILITY LOCATION Survey will be provided 5038737 Pages : 5 of 7 oveiKzers os : ak an a Fed : ge . e0 CarlyIII � � h ' County co AM4i � ' dY ! u 11PiPliNi , DIM liviii 1111 Proj Coord : Laura Perez Revised By : Const . Coord : Sub / Circuit / Phase : 07 - 15 B Work Order : 202412036 NTEE" PC Cell : 720 - 788 - 5242 Date : CC Cell : Right of Way ( All ) : 111 Service Order : 2024064926 powERDesigned By : Drew Luebben ROW Agent : Spec . Equipment : I 1 Project Name : DACONO GRADER SHED Designer Cell : 720 - 520 - 5339 Primary / CT Metering : III Description : DACONO GRADER SHED Your Touatmome Energy' Cooperative kir Design Comp Date : Locates Req ' d : 14/ I '� " VICINITY MAP Equipment Loc : 451739520 Svc Address : TBD COUNTY RD 17 & C Service Loc : 4510 City : UNINCORPORATED Contact Ph : 970 - 304 - 6531 County : WELD Sec / Twn / R ng : 17 1N 67W r .- l Conductor Summary Conductor Size Status Placement Type # Wires Span ( Ft ) Total Ille lie • ISUP 2 ACSR New OH PRIMARY 6 565 1130 as UP 1 / 0 EPR C New UG PRIMARY 1 120 175 WELD COUNTY / ROAD 10 ' ini 4 4 41bir I 0 M.I..I( . ) t • -I ♦ ` 1 I • 1 co ..4 0 is. - . . ....) ic 1 ii , ,:: , , '8•• ' W I Bore / Trench Summary lK � O�o o CD N 1 O � D0 � � 3N . M XI en W_ OO 71 COMMENTS _ 11 I7) p Em cso _ . a . - . 4 . . _ 7 : & - - • r- - --• : . I ' f2 - 1 I o faa�� 1 ism cI 7 , J r T , • !, ` ' ' � , 1 - Inspection By : Date : Construction By : Date : 0o •imis ' 0 =` Disclaimer .. The design and map print is not I ` — • survey grade , nor, set to a specific scale . Reviewed / Approved By : Date : w t h 1 • ` � * 4 S_t - : • COVERSHEET 3 / 27 / 2025 Page 1 of 1 • ITEM _ � r � - � 11 / EIZ + , . j rite niar . Your Touchstone Energy ' Cooperative l • r = Work Order : 202412036 Service Order : 2024064926 Project Name : DACONO GRADER SHED 5� . - - • . Description DACONO GRADER SHED . .... .......,,_...i„Jae, ii 0 10 H Way EELDCOUNTYlROAD10 Service Lac : 4510 ( � ) ( 3 ) illilit ( 4 ) ` ri ' Kl7IlS20Cl 4 ? : 7d34h? i 2Q ai2 : � S52Col a 4317495I401 Customer. WELD COUNTY r_ - , • :arc. Ft 111. , as` e � _ _ _ . j Svc Address : TBD COUNTY RD 17 & COUNTY RO 10 1 City : UNINCORPORATED • 1 County : WELD I i Proj Coordinator : Laura Perez . e • I • - 6 1 PC Cell : 720 - 788 - 5242 I - " 4saz , as . � ol limp, Designer : Drew Luebben1. l L . � + - I Designer Cell : 720 - 520 - 5339 _ . . . . . _ = _ " ' +•Qr 1 Design Comp Date : ! 1 StRIKTURES i EVRAS. r I • Poles ® Switches el �,,.� 1 Fri I Junction Cab ® Fuses _ IP I Pedestal 0 Regulators I I S I Switch Cab CI Capacitors ill I I I V I Vault Secbonalizers I. I r 0 Pull Box O Step Trans , I lilCAlIONS O Oil Reclosers 1 Si I I Fiber ' Elec Reclosers CEa� J UG ® Sub . Reclosers ! ram , V Consumer MISCELLANEOUSI ' ki I TRANSFORMERS . Open Points 1 aI I D OH 1PH -*- Lights I . 1 - I r , rye OH 2PH e Anchors I tt �� .. '� I ( . UNUUCTOR I� ! � OH 3PH OH Prim I I / OIL V V I UG 1PH . • UG Prim I ter. . - . Pa - Fiji UG 3PH • . / OH Sec • I 1 it. • Mt 1 t R PEMAULS I I 1 - � UG Sec i fr I Single IMiMl Multi { L ! ' • I Reviewed / Approved By : I Date : soy Olsclaimer : , The design ma _ - ! ' A P print is not - I ; , w � : : .. . ' , , . � �• . K survey g de;rnor set to a specific seats . LAYOUT 3/ 27/ 2025 Page 1 of 1 - _ iii , _ilk I •0* d.° b . 5038737 Pages : 7 of 7 07 / 01 / 2025 09 : 04 AM R Fee : $ 0 . 00 Carly Koppes , Clerk and Recorder , Meld County , CO III iliillidrig141111 i i i i i iI Rill iiir NI 1e I hi ! wiyi , Contract Form Entity Information Entity Name * Entity ID * New Entity ? UNITED POWER , INC @00001683 Contract Name * Contract ID Parent Contract ID DACONO GRADER SHED LAND USE RIGHT OF WAY 9629 AGREEMENT Requires Board Approval Contract Lead * Contract Status CNAIBAUER YES CTB REVIEW Department Project # Contract Lead Email cnaibauer@weld . gov Contract Description * LAND USE FIGHT OF WAY AGREEMENT FOR THE ELECTRICAL FEED TO THE NEW DACONO GRADER SHED . Contract Description 2 Contract Type * Department Requested BOCC Agenda Due Date AGREEMEN — BUILDINGS AND Date * 06 ,/ 21 / 202 5 GROUNDS 06 25 d 202 5 Amount * $ 0 . 00 Department Email Willa work session with BOCC be required ? * CM - NO Renewable * BuildingGroundsgweld . go NO Does Contract require Purchasing Dept . to be included ? Automatic Renewal Department Head Email CM - BuildingGrounds - Grant DeptHead@weld . gov County Attorney IGA GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM - COU NTYATTO R N EY ? WEL D . GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note : the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date * Renewal Date 12 01 / 2025 Termination Notice Period Committed Delivery Date Expiration Date * 12 , 01 ; ' 2025 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel PATRICK O ' NEILL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 06 / 25 ; 2025 06 ) 25 2025 06 / 25 2025 Final Approval BOCC Approved Tyler Ref # AG 063025 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 06 / 30 / 2025 Hello