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Home My WebLink About20231985.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PLACEMENT OF TEMPORARY WIND MONITORING TOWERS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT FORM OF COLLATERAL - CHALK BLUFFS WIND, LLC 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 letter, dated April 20, 2023, marked Exhibit "A", attached hereto and incorporated herein by reference, requesting approval for the placement of three (3) wind monitoring towers to be used temporarily to determine whether the site is feasible for the placement of a utility -scale wind power project in Weld County, conditional upon a written agreement being executed between Chalk Bluffs Wind, LLC, and the Board of County Commissioners, specifying the form of collateral and other terms for said towers on the privately owned True Ranches, LLC, said real estate being more particularly described as follows: (a) MET 4: Part of the NW1/4 of the SE1/4 of Section 21, Township 12 North, Range 65 West of the 6th P.M., Weld County, Colorado; (b) MET 8: Part of the NW1/4 of the NW1/4 of Section 12, Township 11 North, Range 65 West of the 6th P.M., Weld County, Colorado; (c) MET 9: Part of the NE1/4 of the NE1/4 of Section 30, Township 12 North, Range 64 West of the 6th P.M., Weld County, Colorado; 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 Chalk Bluffs Wind, LLC, 1900 West Littleton Boulevard, Littleton, Colorado 80120, commencing July 12, 2023, with further terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with check #3255 from Enyo, LLC, P.O. Box 71810, Cottonwood Heights, Utah 84171, in the amount of $21,000.00, and WHEREAS, after review, the Board deems it advisable to grant said request, as specified in Exhibit "A", approve said agreement, and accept said collateral as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Chalk Bluffs Wind, LLC, for the temporary placement of three (3) wind monitoring towers, on the parcels of land described above, be, and hereby is, granted. 4908913 Pages: 1 of 7 07/13/2023 11:11 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII in1NFOul*INILVAPAKV.I14 II III GC : Pt-.(Tp/MN/vA /STM /DA) 07/11/23 2023-1985 PL0073 AGREEMENT AND COLLATERAL CONCERNING PLACEMENT OF TEMPORARY WIND MONITORING TOWERS - CHALK BLUFFS WIND, LLC PAGE 2 BE IT FURTHER RESOLVED by the Board that the Agreement for Placement of Temporary Wind Monitoring Towers between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Chalk Bluffs Wind, LLC, be, and hereby is, approved, and the Chair is authorized to sign said agreement. BE IT FURTHER RESOLVED by the Board that check #3255 from Enyo, LLC, in the amount of $21,000.00, be and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of July, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daytvio Weld County Clerk to the Board BY: APP Coun %Attorney Date of signature: 07/12-/23 Th`-fd-7‘31— Mike reeman, Chair 1er L. B k, Pro-Tem Sc t K. Ja 4908913 Pages: 2 of 7 07/13/2023 11:11 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO VIII 14M'6'tiIV: L1ININ IV.:IOk 11111 Lori Sain 2023-1985 PL0073 .114,-1-Dit7/f BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve agreement and collateral for three (3) - 197 -foot - tall meteorological towers. Applicant: Chalk Bluffs Wind, LLC Representative: Enyo Renewable Energy Owner: True Ranches, LLC DEPARTMENT: Planning Services DATE: June 28, 2023 PERSON REQUESTING: Diana Aungst, Planner Ill Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, Chalk Bluffs Wind, LLC, c/o Enyo Renewable Energy requesting that the Board of County Commissioners consider approving an agreement three (3) - 197 -foot -tall meteorological towers to remain in place for seven (7) years. Collateral in the amount of $21,000.00 is required with this agreement. Collateral has been provided in the form of a check # 3255, issued by Wells Fargo Bank, N.A. via the ENYO, LLC account ending in 2393. Weld County Planning Services and the County Attorney's Office have reviewed the above -mentioned agreement and it is found to be acceptable. 0 What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1: The Department of Planning Services and the County Attorney's Office are recommending approval of the agreement for the 3 Meteorological Towers and requesting that these items be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Approve Recommendation Schedule Work Session V\A (Iva Other/Comments: 2023-1985 /iI pLUcfl3 *...b • Karla Ford From: Sent: To: Subject: Approve Sent from my iPhone • Mike Freeman Monday, July 3, 2023 9:34 AM Karla Ford Re: Please Reply - Planning PA Meteorological Towers (3) On Jul 3, 2023, at 2:54 AM, Karla Ford <kford@weld.gov>wrote: Please advise if you support recommendation. Karla Ford R. Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** lxi Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received ' this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst <daungst@weld.gov> Sent: Thursday, June 29, 2023 12:22 PM To: Karla Ford <kford@weld.gov> Cc: Cheryl Hoffman <choffman@weld.gov>; Maxwell Nader <mnader@weld.gov>; Tom Parko Jr <tparko@weld.gov>; Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Chloe White <cwhite@weld.gov>; Esther Gesick <egesick@weld.gov>; Jan Warwick <jwarwick@weld.gov>; Jessica Reid <jreid@weld.gov> Subject: Meteorological Towers (3) Hi Karla: This is a pass around request for 3 — 197' tall Meteorological Towers. The agreement has been signed by the applicant. Please note if you try to print all this information it'll be about 570 pages. I recommend just printing the first 9 pages of the pdfs labeled MET_4-AppCMN23- 0011 sig, 0015sig, and 0016sig. Cheryl has the collateral in the safe and Jazmyn will enter the data into OnBase tomorrow. Karla Ford From: Sent: To: Subject: Approve Kevin Ross Kevin Ross Friday, June 30, 2023 1:24 PM Karla Ford; Mike Freeman Re: Meteorological Towers (3) From: Karla Ford <kford@weld.gov> Sent: Friday, June 30, 2023 1:15:17 PM To: Mike Freeman <mfreeman@weld.gov>; Kevin Ross <kross@weld.gov> Subject: Fwd: Meteorological Towers (3) Please advise if you approve recommendation Get Outlook for iOS From: Diana Aungst <daungst@weld.gov> Sent: Thursday, June 29, 2023 12:21:52 PM To: Karla Ford <kford@weld.gov> Cc: Cheryl Hoffman <choffman@weld.gov>; Maxwell Nader <mnader@weld.gov>; Tom Parko Jr <tparko@weld.gov>; Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Chloe White <cwhite@weld.gov>; Esther Gesick <egesick@weld.gov>; Jan Warwick <jwarwick@weld.gov>; Jessica Reid <jreid@weld.gov> Subject: Meteorological Towers (3) Hi Karla: This is a pass around request for 3 — 197' tall Meteorological Towers. The agreement has been signed by the applicant. Please note if you try to print all this information it'll be about 570 pages. I recommend just printing the first 9 pages of the pdfs labeled MET_4_AppCMN23-0011 sig, 0015sig, and 0016sig. Cheryl has the collateral in the safe and Jazmyn will enter the data into OnBase tomorrow. Please let me know if you have any questions I'll be in the office tomorrow and off on 7/5/2023 - back in the office on 7/6/2023. Thanks, Diana Aungst AICP, CFM Planner 111 Our new address: Weld County Department of Planning Services 1402 N. 17th Avenue, PO Box 758, Greeley, Colorado 80632 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 datingstf weld.gvv www. weld. qov 1 AGREEMENT FOR PLACEMENT OF TEMPORARY WIND MONITORING TOWERS THIS AGREEMENT FOR PLACEMENT OF TEMPORARY WIND MONITORING TOWERS (this "Agreement") is made and entered into this 2 6 day of June, 2023, by and between the County of Weld, State of Colorado, acting by and through its Board of County Commissioners ("the County" or "Weld County") and Chalk Bluffs Wind, LLC, a Colorado limited liability company ("Chalk Bluffs") the address of which is 1900 West Littleton Blvd., Littleton, CO 80120. The parties hereto may be referred to herein individually as "Party" and collectively as "Parties." WITNESSETH WHEREAS Chalk Bluffs, by letter dated April 20, 2023, a copy of which is attached hereto as Exhibit A and incorporated herein by reference ("the CB Letter"), has requested approval for the placement of three (3) meteorological towers (the "METs") to be used to determine whether the wind characteristics on the following described real property in Weld County, Colorado (the "Properties"), make the Properties suitable for the placement of a utility -scale wind power project on the Property (the "Project"): (a) MET 4: Part of the NW '/4 of SE '/4 of Section 21, Township 12 North, Range 65 West of the 6th P.M., Weld County, Colorado; (b) MET 8: Part of the NW '/4 of NW '/4 of Section 12, Township 11 North, Range 65 West of the 6th P.M., Weld County, Colorado; (c) MET 9: Part of the NE '/4 of NE '/4 of Section 30, Township 12 North, Range 64 West of the 6th P.M., Weld County, Colorado. WHEREAS, Chalk Bluffs, in the CB Letter, has provided adequate proof and justification for the temporary placement of the METs in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the foregoing and the acceptance and approval of the following conditions, the County and Chalk Bluffs agree as follows: 1. The above recitals are incorporated herein by reference. 2. Chalk Bluffs is hereby approved the placement of the three (3) METs at the locations described above according to the terms and conditions stated herein. Construction, operation and final removal of the METs and remediation of the property shall be without cost or expense to Weld County. 3. The term of this Agreement shall be from the date first mentioned above to and until one (1) year thereafter and shall be renewed automatically for succeeding one (1) year periods unless terminated pursuant to Section 4, below. In no event shall this Agreement extend beyond seven (7) years after the date first mentioned above. 4. This Agreement may be terminated by either part upon notice given to the other Party at Page 1 of 3 Pages o2oa3-/ 9i‘6) least sixty (60) days prior to the planned date of termination. Such notice shall be in writing and sent to the other Party at the address set forth above. Upon termination of this Agreement, Chalk Bluffs shall decommission the METs and remediate the property to the satisfaction of the landowner within ninety (90) days of said termination. 5. Chalk Bluffs agrees to obtain any necessary grading, building, and/or access permits from Weld County prior to constructing the METs. 6. The Parties agree and understand that location of the METs on the private property described above is not permanent. If the landowner and/or Chalk Bluffs desire to locate them there permanently, they will need to obtain separate land use permits from Weld County. 7. The Parties agree and understand this Agreement is intended solely for the purpose of Chalk Bluffs obtaining agreement by Weld County to the non -permanent location of the METs at the locations described above for meteorological testing, only, without the requirement of first obtaining a land use permit from Weld County and shall not be construed as the County taking on any responsibility or liability with respect to the construction, operation, and/or decommissioning of the METs and remediation of the property. 8. Chalk Bluffs shall provide the County with a performance guarantee cash deposit in the amount of Seven Thousand and 00/100 ($7,000.00) ("Guarantee Deposit"). The Guarantee Deposit shall be held by the County and shall be used solely for the purpose of decommissioning of the METs and remediation of the property in the event Chalk Bluffs does not satisfactorily complete said decommissioning of the METs and remediation of the property. The Guarantee Deposit shall be released within ten (10) days upon final determination by the County of successful decommissioning of the METs and remediation of the property. 9. Chalk Bluffs shall comply with all of the promises and covenants set forth in the CB Letter. 10. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and assigns. 11. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101, et seq., as applicable now or hereafter amended. 12. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties and their heirs, executors, administrators, successors, and assigns, and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the Parties that any entity other than the Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 13. This Agreement, including the CB Letter, contains the entire Agreement between the Parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. No oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. This Agreement Page 2 of 3 Pages 4908913 Pages: 4 of 7 07/13/2023 11:11 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIIII I l�i�ll & EIM I I tin warm It 1101 may be changed or supplemented only by a written instrument signed by both Parties. 14. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 15. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the Parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written above. ATTEST: dad.%) COUNTY OF WELD, a political Weld Co ty Clerk to the : .ard subdivision of the State of Colorado By: Mike Freeman, ChairJUL 1 2 2023 Board of County Commissioners of the County of Weld CHALK BLUFFS Title: Manager 4908913 Pages: 5 of 7 07/13/2023 11:11 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO MVP eliMi 111 II Page 3 of 3 Pages 2M -/11'. 6) �� -4to m <Z.; CO o N 6--u : m CO Uw to Q 3 m m0 a it _m el 'mat N . tic za- ? ENYO ell RENEWABLE ENERGY EXHIBIT A (Attached to the Agreement for Placement of Temporary Wind Monitoring Towers between the County of Weld and Chalk Bluffs Wind, LLC) April 20, 2023 Weld County Commissioners 915 Tenth Street P.O. Box 758 Greeley CO 80632 Dear County Commissioners, Chalk Bluffs Wind, LLC, is currently evaluating the feasibility of a utility -scale wind power project in Weld County. As part of our initial evaluation, we would like to erect three different 60 meter (197 ft) meteorological towers to collect data on local wind speed and direction to verify wind characteristics for a potential site for a wind farm. Chalk Bluffs Wind, LLC, has a lease agreement in place with a private landowner. Chalk Bluffs will submit for any required Use by Special Review permits. The three locations are far from any residences or structures. The met towers are expected to remain in place for a maximum of seven years, then be removed. As detailed in the enclosed documents, the individual tower is a monopole design, approximately 10 inches in diameter, supported by a system of guy wires extending out approximately 5Om in faur directions from the base of the tower. Attachment B provides a simple schematic and typical site plan for the XHD-6O tower. The tower components will arrive on site in pieces packed into the space of a single large shipping pallet, which can fit in the back of a heavy-duty 4x4 pickup truck, for assembly and erection by a crew of 4 workers. A second truck will carry tools and equipment needed for assembly, as well as meteorological equipment to be installed. There will be no concrete/subsurface foundation; the tower will instead sit on top of a heavy gauge steel plate. Component delivery, assembly and erection generally takes only one day for each met tower. NRG's XHD TallTower product booklet provides a full description of the tower assembly and erection process; see Attachment C. Each tower will be installed and maintained by NRG under contract to the Aaplicant. No FAA lighting is required because the towers will be under the 200ft height that triggers FAA approval. The towers will be located on the privately -owned True Ranches in three locations listed here: (Met4: Parcel # 004721100002 T12 R65 521 NW1/4 of SE 1/4; Met8: Parcel #020512000004 T11 R65 S12 NW1/4 of NW 1/4; Met9: Parcel # 004530000001 T12 R64 S30 NE'/ of NE 1/4). The tower will not be erected within 250ft of a public road, a transmission line, or any other structure. These Enyo Renewable Energy, LLC Mailing Address: PO Box 71810 • Cottonwood Heights • Utah • 84171 Office Location: 9950 South Power Plant Lane • Sandy • Utah • 84092 www.enyo-energy.com ENY0 RENEWABLE ENERGY siting constraints will be easy to accommodate because the area in question is remote and wide open. The contact information of the participating landowner is as follows: True Ranches, LLC PO Drawer 2360 Casper, WY 82602 307-266-0254 The tower and equipment are designed to require minimal attention once installed and operating. The data logger monitors a I equipment operation, and includes a satellite link for wireless data transfer, while the solar panel provides all the power the system needs. In general, the towers are only visited in the event of an equipment failure identified in the data log, or for an annual structural inspection. Visits to the met towers are likely to occur only a few times each year, at most. We appreciate your consideration of our request and look forward to answering any additional questions you may have. If a building permit is required as part of the county approval process we would appreciate your consideration of our application for that permit as well. Best Regards, Christine Mikell Chalk Bluffs Wind, LLC Christine@enyo-energy.com Tower # Land Owner Parcel # Township I Range g Section Legal Met4 True Ranches 004721100002 12 65 21 NW % of SE MetS True Ranches 020512000004 11 65 12 NW '/ of NW )4 Met9 True Ranches 004530000001 12 i 64 30 NE'/ of NE 111 4908913 Pages: 7 of 7 07/13/2023 11:11 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County , CO ui 1111,1 riff,: i ki'iI iI*" i HI Enyo Renewable Energy, LLC Mailing Address: PO Box 71810 • Cottonwood Heights • Utah • 84171 Office Location: 9950 South Power Plant Lane • Sandy • Utah • 84092 www.enyo-energy.com Chalk Bluffs Agreement with Weld County DRAFT with BTB changes Final Audit Report 2023-06-26 Created: 2023-06-26 By: Shannon Haley (shannon@enyo-energy.com) Status: Signed Transaction ID: CBJCHBCAABAAUr7rrYIEw1yMD4waJLyvwboDoMumrP5k "Chalk Bluffs Agreement with Weld County DRAFT with BTB ch anges" History Li Document created by Shannon Haley (shannon@enyo-energy.com) 2023-06-26 - 6:28:03 PM GMT Cat, Document emailed to Christine mikell (christine@enyo-energy.com) for signature 2023-06-26 - 6:28:46 PM GMT 15 Email viewed by Christine mikell (christine@enyo-energy.com) 2023-06-26 - 9:40:05 PM GMT Document e -signed by Christine mikell (christine@enyo-energy.com) Signature Date: 2023-06-26 - 9:40:24 PM GMT - Time Source: server O Agreement completed. 2023-06-26 - 9:40:24 PM GMT Adobe Acrobat Sign Contract Form New Contract Request Information Entity Name CHALK BLUFFS WIND, LLC Entity ID. 1O0047314 Contract Name. PLACEMENT OF TEMPORARY WIND MONITORING TOWERS CHALK BLUFFS WIND, LLC Contract Status CTB REVIEW" ❑ New Entity? Contract ID 7185 Contract Lead. JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez@weldgov.c orn Parent Contract ID Requires Board Approval YES Department Project Contract Description PLACEMENT OF TEMPORARY WIND MONITORING TOWERS CHALK BLUFFS WIND, LLC PERFORMACE GUARANTEE FOR DECOMMISSIONING TOWERS IN THE AMOUNT OF 521,000.00 IS REQUIRED AND HAS BEEN PROVIDED IN THE FORM OF A CHECK, CHECK#3255, ISSUED BY WELLS FARGO BANK, N.A. Contract Description 2 Contract Type * AGREEMENT Amount. 521,000.00 Renewable NO Automatic Renewal Department PLANNING Department Email C M- Pl a n nlng@weldgov.com Department Head Email CM-Planning- DeptHead@weldgov.c©m County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTDRNEY@WELDG OV.COM Requested BOCC Agenda Date 07,05/2©23 Due Date 07/01,2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? ND 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 Dare Review Date* 07;'05 2024 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Contact Type Contact Email Expiration Date 07 05/2025 Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOM PARKO JR. DH Approved Date 07,' 1 1 .2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07/12 /2023 Originator JTRUJILLOMARTINEZ Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 07'11,/2023 07/11/2023 Tyler Ref it AG 071223 I i prop July 12, 2023 Request: 3 towers, 197 feet an hei • ht s t,• re *i . an pi ce for 7 -years Carr k_ Niobrara Energy 11NarkPUD 67w liA CR126 a efta—a. In `CR124 '� Q' 6•U a r a wr a....... 1r tN cr Meteorlogical Tim e 14 ce,;) _ — at - 12N 66W r� 'M N a 6M IS IN I El S ♦ w a r a r• r About 13 miles northeast of Carr. • i Meteorlogical Tower No.1 ..OSa —rr at --a aae r r a .b a rasa I I 1S 1 t IL) Submitted Items include: Agreement with request letter and collateral AGREEMENT FOR PLACEMENT OF TEMPORARY WIND MONITORING TOWERS THIS AGREEMENT FOR PLACEMENT OF TEMPORARY WIND MONITORING TOWERS (this "Agreement") is made and entered into this 2 6 day of June. 2023. by and between the County of Weld. State of Colorado. acting by and through its Board of County Commissioners "the County" or %Weld Count),-" ► and Chalk Bluffs `\Tind. LLC. a Colorado limited liability company ("Chalk Bluffs") the address of which is 1900 West Littleton Blvd.. Littleton. CO 80120. The parties hereto may be referred to herein individually as "Party" and collectively as "Parties." ?lio ENYO eSYNIW*ht S . h4,' EXHIBIT A (Attached to the Agreement for Placement of Temporary Wind Monitoring Towers between the County of Weld and Chalk Bluffs Wind, LLC) April 20, 2023 Weld County Commissioners 915 Tenth Street P.O. Box 758 Greeley CO 80632 Dear County Commissioners, Chalk Bluffs Wind. LLC, is currently evaluating the feasibility of a utility -scale wind power project in Weld County As part of our initial evaluation, we would like to erect three different 60 meter (197 ft) meteorological towers to collect data on local wind speed and direcnon to verity wind charactensncs for a potential site for a wind farm Chalk Bluffs Wind, LLC, has a lease agreement in place with a private landowner. Chalk Bluffs will submit for any required Use by Special Review permits The three locations are far from any residences or structures. The met towers are expected to remain in place for a maximum of seven years, then be removed. Letter of no concern from the Department of Defense Hello. I have had a chance to review and meet with the Enyo-Energy team to discuss the proposed MET towers in northern Weld County. The proposal is approximately 15 nautical miles from our nearest launch facility and does not pose a threat to the two nautical mile buffer. At this time F.E. Warren AFB is good with Enyo-Energy continuing their process and moving forward with this project outlined in the purple polygon area. We ask if any additional MET towers are to be installed within the identified polygon we are notified so we can inform our helicopter pilots. If anyone has any questions please feel free to reach out. Thank you. Todd Eldridge Community Planner F.E Warren AFB. WY 307-773-5107 Building Permits Maps Deeds Collateral Pass around was reviewed by the Board of County Commissioners. END Diana Aungst From: Sent: To: Cc: Subject: Attachments: ELDRIDGE, TODD E CIV USAF AFGSC 90 CES/CEIPP <todd.eldridge.2@us.af.mil> Monday, June 5, 2023 2:36 PM Shannon Haley; Diana Aungst; Maxwell Nader; Chris Gathman; Kim Ogle Christine Mikell; Joshua Langdon RE: Request review Chalk Bluff MET Discussion.png Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I have had a chance to review and meet with the Enyo-Energy team to discuss the proposed MET towers in northern Weld County. The proposal is approximately 15 nautical miles from our nearest launch facility and does not pose a threat to the two nautical mile buffer. At this time F.E. Warren AFB is good with Enyo-Energy continuing their process and moving forward with this project outlined in the purple polygon area. We ask if any additional MET towers are to be installed within the identified polygon we are notified so we can inform our helicopter pilots. If anyone has any questions please feel free to reach out. Thank you, Todd Eldridge Community Planner F.E Warren AFB, WY 307-773-5107 Original Message From: Shannon Haley <shannon@enyo-energy.com> Sent: Wednesday, May 24, 2023 9:51 AM To: ELDRIDGE, TODD E CIV USAF AFGSC 90 CES/CEIPP <todd.eldridge.2@us.afmil> Cc: Christine Mikell <christine@enyo-energy.com> Subject: [Non-DoD Source] Request review Good Morning Todd Eldridge, I was given your contact information from Weld County Colorado. We are requesting permission to erect three Met Towers on leased property in Weld County. They are concerned about there being missile silos on the property and they are also concerned about the proximity to the Warren Air Force Base. They request written confirmation from you that the Met towers will not interfere with the Air Force Base or cause any threat due to missile silos? I have attached maps showing the specific locations of the three towers and an image showing the general leased location. I have also attached detailed information about the Met Tower. Please see attached document. Please contact me if you need additional information or have any questions. I appreciate your help with this matter. 1 Iron MMointain LriE.:1117O71 i APPLICATION FOR CERTIFICATE OF AUTHORITY FOR A FOREIGN LIMITED LIABILITY COMPANY Form 425 Revised July 1, 2002 Filing fee $75.00 Deliver to Colorado Secretary of State Business Division 1560 Broadway, Suite 200 Denver, CO 80202-5169 This document must be typed or machine printed Copies of filed documents maybe obtained at www ms state.cn.m AF ≥ l-il.if o nuNiu rA DAVIDSON toi AaOta iisrAttYnF3't54rld 20021332643 0 8 75.00 SECRETARY OF STATE 12-03-2002 08:43:27 Pursuant to § 7-80-904, Colorado Revised Statutes (C R S.), the individual named below causes this application fora certificate of authority to be delivered to the Colorado Secretary of State for filing, and states as follows 1 The name of the limited hability company is True Ranches LLC 2 The name which it elects to use in Colorado (if its own name is unavailable) is True Ranches LLC 3 State or country under whose law it is organized is j^'' ng 4 The date of its organization is January 30, 2002 in 5 The name, and the business address, of the registered agent for service of process on the corporation are Name Corporation Service Company Business Address (must be a street or other physical address in Colorado) 1570 Broadway — Denver, CO 80202 If mail is undeliverable to this address, ALSO include a post office box address 6 The address of the office required to be maintained in the Junsdiction of its organization by the laws of that Junsdiction or, if not so required, of the principal place of business of the foreign limited liability company is PO Box 2360 — Casper, StY 82602 (Must be a complete address, including ci),, state and zip code) 7 This application must be accompanied by a certificate of good standing issued by the jurisdiction of its organization and dated within ninety (90) days of the filing of the application 8 The (a) name or names, and (b) mailing address or addresses, of any one or more of the individuals who cause this document to be delivered for filing, and to whom the Secretary of State may deliver notice if filing of this document is refused, are Jackie Martinez — True Ranches LLC — PO Box 2360 — Casper, WY 82602 Dls<lamer This fnmy anda,y rclmM wweunnr,ax nnrmuruled rn pros+de legal huanm or ux adsroe and arc oRuedunpuhhe semcc svr�M1oucsepmsarnuen or womoty Wfuleshu formubdrwedmsnmfy mrmrwmlegni rrywremrnu ssofru«assron Jam eanplwuemrh apphmble lmv ssrMsame may be nmrndcd from umemumr. mruins the rapossihLryofrMsuaofdils form QucnmmsMuld be nddreaed ro the usasalromey Ito . O State Wyoming Office of the Secretary of State S United States State of Wyoming I, JOSEPH that TRUE the State Office of annual I FURTHER recommendation, condition the records ' ' I r..4 — jl .> i of America, B MEYER, RANCHES of Wyoming, the Secretary license taxes CERTIFY or business of this G ° G,it , f:f ''''4,Ptb lli 4. ' 'iv' I �2 Irilf' IIII� z —fn - I flit,<�. I'' } ss Secretary LLC, did of to date, that or notice activities office 0 • A. ' of State of the State of Wyoming, do hereby certify a limited liability company organized under the laws of on 01/30/2002, file its Articles of Organization in the State of Wyoming, has filed all annual reports and paid all and is in good standing at the date of this certificate. this certificate is not to be construed as an endorsement, of approval of the limited liability company's financial and practices as this information is not available from IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Wyoming Done at Cheyenne, the Capital, this 7th day of November A 0 , 2002 04e--k—...- `�:' ✓� 0State lie By 0O G' Le_ .0,1,f C'L 0 i ENYO, LLC 04/16 PO BOX 71810 COTTONWOOD HEIGHTS, UT 84171 PAYTO THE ORDER OF Twenty -One Thousand and 00/100****x*****•*•,►******#,************************************************************* WELLS FARGO BANK, N.A. www.wellsfatgo.com 31-297,11240 3255 5/15/2023 MEMO Weld County Treasurer Weld County Treasurer 1400 N. 17th Ave Greeley, CO 80631 CMr\12_3—OOIIJ 0015 col Co 00000003a5511' $ "21,000.00 / / I i� �! V vV(/� AUT►-IQF 1 D SIGNATURE 239311' Daz,:x, .x, -x .s. napsmacawaa•xaaauaacaancota;sCSma;a ENYO, LLC Weld County Treasurer Date Type Reference 4/17/2023 Bill Met 9 4/17/2023 Bill Met 4 4/17/2023 Bill Met S Original Amt. 7,000.00 7,000.00 7,000.00 5/15/2023 Balance Due Discount 7,000.00 7,000.00 7,000.00 Check Amount DOLLARS e rvr t 3255 Payment 7,000.00 7,000.00 7,000.00 211000.00 319 3020311 0110212003 03 57P Weld County, CO 1 of 2 R 11 00 D 0 00 Steve Moreno Clerk & Recorder WARRANTY DEED THIS DEED, Made this 31° day of December, 2002, between TRUE RANCHES, a Wyoming partnership, GRANTOR, of the County of Natrona, State of Wyoming, and TRUE RANCHES LLC, a Wyoming limited liability company, whose legal address is 895 West aver Cross Road, Casper, Wyoming 82601 WITNESSETH, That GRANTOR, for and in consideration of Ten Dollars ($10 00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confine, unto GRANTEE, its successors and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, to wit The West Half (W1/2) of Section Nineteen (19), the South Half of the South Half (S1/2S1/2) of Section Twenty (20), and all of Section Thirty (30), m Township Twelve North (T 12N.) Range Sixty-four West (R 64W. ) of the Sixth Principal Meridian (6th P M.). All of that portion of Sections Thirteen (13), Fourteen (14) and Fifteen (15) lying within the State of Colorado, all of Sections Twenty-one (21), Twenty-two (22) and Twenty-three (23), all of Section Twenty-four(24) except the Northeast Quarter of the Southeast Quarter (NE1/4SE1/4) thereof, all of Section Twenty-five (25), the East Half (E1/2) of Section Twenty-six (26), and all of Sections Twenty-seven (27) and Thirty-five (35) in Township Twelve North (T 12 N ) , Range Sixty-five West (R 65 W ) of the Sixth Pnncipal Mendian (6° P M ) The Northeast Quarter (NEl/4) and the West Half (W1/2) of Section One (1), all of Section Two (2), and the Northwest Quarter (NW1/4), /4), the Northwest Quarter of the Southwest Quarter (NWI/4SW1/4), West Half of the Northeast Quarter (W 1 /2NE 1 /4), Northeast Quarter of the Northeast Quarter (NE 1 /4NE 1 /4), of Section Twelve (12), in Township Eleven North (T 11N ), Range Sixty-five West (R 65 W ) of the Sixth Principal Mendian (6t P M ), TOGETHER, with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the GRANTOR, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. and warrants the title to the same, subject to mineral reservations, licenses, easements and rights of way of record Signed this 31° day of December, 2002 TRUE RANCHES, a Wyommg partnership By By David L True Trust, partner'AI / �2• Dieiner True, Trustee of the Diemer True Trust, partner By , Trustee of the H A True III Trust, partner By c Deemer D By STATE OF WYOMING True, Jr , partner Kyle T , partner ) ss COUNTY OF NATRONA The foregomg mstrument was acknowledged before me by David L True, Trustee of the David L True Trust, partner, Deemer True, Trustee of the Deemer True Trust, partner, H A True III, Trustee of the H A. True III Trust, partner, Deemer D "Kip" True, Jr , partner, and Kyle True, partner, this 31' day of December, 2002 „IIIIINIl NOTARY TAR', 1,1'; L I C SUE E BAKER F. �{r CQLINTY OF Q` � � rIAYR DNA My coihsion ex'. (%3/0,5— d and official seal I I�IIII ��II� II�III� ICI �IIIII ��II�I 1101 III 0III IIII 101 3020311 01/02/2003 03 SOP Weld County, CO 2 of 2 R 11 00 D 0 00 Steve Moreno Clerk $ Recorder Notary Public Hello