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Home My WebLink About20211537.tiffRESOLUTION RE: APPROVE COMMON USE AND FACILITY RELOCATION AGREEMENT FOR O STREET SPUR PROJECT AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION AND PUBLIC SERVICE COMPANY OF COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Common Use and Facility Relocation Agreement for the O Street Spur Project among 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, the Colorado Department of Transportation, and Public Service Company of Colorado, 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 Common Use and Facility Relocation Agreement for the O Street Spur Project among 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, the Colorado Department of Transportation, and Public Service Company of Colorado, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of June, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dlethdo Weld County Clerk to the Board ounty At orney Date of signature: o6/22/ Steve Moreno, Chair EXCUSED GC: pwCFR/c o) Lt/N /22 2021-1537 EG0079 Cheryl Hoffman To: Cc: Subject: It does. Thank you, Elizabeth! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com Elizabeth Relford Esther Gesick; Chloe Rempel RE: Contract 4842 - O Street Spur Project From: Elizabeth Relford <erelford@weldgov.com> Sent: Friday, June 11, 2021 3:35 PM To: Cheryl Hoffman <choffman@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempel@weldgov.com> Subject: RE: Contract 4842 - O Street Spur Project No worries. It's a good question. XCEL is different than the other companies, they typically will not sign agreements until we execute first. This is pretty standard for them and our agreements. I have an email from CDOT confirming they will not be executing until both us and CDOT do first. Hope that helps. Elizabeth From: Cheryl Hoffman <choffman@weldgov.com> Sent: Friday, June 11, 2021 3:33 PM To: Elizabeth Relford <erelford@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempel@weldgov.com> Subject: RE: Contract 4842 - O Street Spur Project I'm sorry to bother you again, Elizabeth, especially late on a Friday, but do you have the signature page signed by Public Service Company? The other 2 agreements have that portion signed and then CDOT will need to sign all 3. Could you send it to me if you have it? Thanks. Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 1 From: Elizabeth Relford <erelford@weldgov.com> Sent: Friday, June 11, 2021 11:29 AM To: Cheryl Hoffman <choffman@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempel@weldgov.com> Subject: RE: Contract 4842 - O Street Spur Project Sorry Cheryl, CDOT forgot to send it to me. Please insert this document in that location. Thanks, Elizabeth From: Cheryl Hoffman <choffman@weldgov.com> Sent: Friday, June 11, 2021 10:47 AM To: Elizabeth Relford <erelford@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempel@weldgov.com> Subject: RE: Contract 4842 - O Street Spur Project You're welcome. I think we also need Exhibit A on this? If you could send that by email, that would be great. Thanks so much. Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Elizabeth Relford <erelford@weldgov.com> Sent: Friday, June 11, 2021 10:46 AM To: Cheryl Hoffman <choffman@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempel@weldgov.com> Subject: RE: Contract 4842 - O Street Spur Project Thanks Cheryl. I will try to get it moving through the queue asap. Elizabeth From: Cheryl Hoffman <choffman@weldgov.com> Sent: Friday, June 11, 2021 10:35 AM To: Elizabeth Relford <erelford@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: Contract 4842 - O Street Spur Project Elizabeth, For some reason, this contract ID is in Contract Lead and has not gone through any of the approvals yet. Of course we have it on Monday's agenda, but could you get it moving, please? 2 Thanks so much. Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 3 i (),In (f. ¶Xr 9 t ....- 1 A1•. tiv rti may Ader • T dot c MEMitRANDUM TO: Board of County Commissioners DATE: June 11,2021 FROM: Elizabeth Relford, Deputy PW Director SUBJECT: O Street Spur — CUA — Public Service Company of Colorado (XCEL) In accordance with the email dated June 8, 2021, Public Works requests the Commissioners enter into a Common Use and Facility Relocation Agreement with Public Service Company of Colorado (XCEL) for the O Street Spur project. The agreement identifies CDOT as the party responsible for the cost of design, right-of- way acquisition, utility relocation and construction of the O Street Spur. When the project is complete, CDOT will convey the right-of-way and improvements to Weld County for ownership and maintenance. Please see the attached vicinity map of the spur improvements. The project will begin in July and is anticipated to be completed by September 2021. The utility companies affected by the project include, but are not limited to, DCP Operating Company, LLP, North Weld County Water District, and Public Service Company (XCEL). Each of these companies requires their own agreement, so this Common Use Agreement (CUA) is specific to XCEL. Staff recommends authorization of the Chair's signature on the agreement. I am available at your convenience to answer any questions you may have. 2021-1537 g 9 U. -2o o 9 June 14, 2021 O Street Spur Project Improvements From: Lori Seine To: Elizabeth Relford Cc: Commissioners; Bruce Barker; Don Dunker; Don Warden; Ryan Rose' Esther Gesick; Karla Ford; Bob Choate Subject: Re: O Street Spur Common Use Agreement Pickle Date: Tuesday, June 8, 2021 10:58:54 AM Sitting here with Perry, Mike and Steve. We are all in agreement to put on Agenda for Monday. Sent from my iPhone On Jun 8, 2021, at 10:48 AM, Elizabeth Relford <erelford@weldgov.com> wrote: Commissioners, We are in a bind and I am requesting forgiveness on following the pass around process so we can get CDOT going on the 0 Street Spur project. CDOT is requiring a common use agreement for the 0 Street Spur construction project and this agreement seems to be what is holding up Castle Rock Construction from starting on the project. Is there anyway we could try to get it on Monday's BOCC agenda for approval? Bob Choate had previously reviewed and approved this version and now DCP has signed it. If you are ok with moving forward, I will load it into OnBase for CTB. Please advise. Thanks, Elizabeth Belford Deputy Director Weld County Public Works 1111 H Street PO Box 758 Greeley. CO 80632-0758 Email: erelford(aco.weld.co.us Office: [970) 400- 3748 Cell: (970) 673-5836 Web: http://www.co.weldco.us I®� 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. <23186 CUA DCP signed.pdfl <23186 CUA NW signed.pdfl COMMON USE AND FACILITY RELOCATION AGREEMENT — O STREET SPUR PROJECT This Common Use and Facility Relocation Agreement ("Agreement"), made and entered into this 19'nay of `J"vr , 2021, by and between the STATE OF COLORADO, for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION ("State" or "CDOT"), and the COUNTY OF WELD, on behalf of the Weld County Department of Public Works ("Weld County"), and PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation ("Company"). RECITALS: WHEREAS, to promote the safety of the citizens of Weld County and other members of the traveling public, CDOT and Weld County are cooperating to undertake the construction of a public improvement project, known as the O Street Spur (hereinafter the "Project"), generally located in the Northeast 1/4 of Section 33, Township 6 North, Range 65 West, and WHEREAS, Company owns or possesses an easement or right-of-way ("Company's Easement"), which is described in that certain document recorded on October 19, 1959 in the records of the Weld County Clerk and Recorder at reception number 1315046, and WHEREAS, CDOT and Weld County desire the right to occupy and use a portion of the Company's Easement (the "Common Use Area") for public highway purposes ("Road ROW") (the Common Use Area is more particularly described in Exhibit A attached hereto and incorporated herein by this reference); WHEREAS, the parties desire to enter into this Agreement to identify the mutual respective rights and obligations of the parties in and to the Common Use Area, in order to avoid conflict and to allow for construction of the Project and plan for the future. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereby agree as follows: I. COMMON USE AREA 1. Project Encroachment in Company's Easement. The parties recognize that the design and construction of the Project will necessarily encroach onto the Common Use Area. Company hereby consents to such encroachment in accordance with the terms of this Agreement. The parties intend that the Project and Company's Easement will occupy the Common Use Area unless and until Company abandons Company's Easement or relocates its facilities ("Company's Facilities") from Company's Easement. 2. Right -of -Way. (a) CDOT has or will acquire the property underlying the Road ROW from the underlying fee property owners that CDOT determines is necessary for the Project, 1 regardless of whether such Road ROW is located within the Common Use Area. CDOT shall acquire such property interests in whatever form it deems appropriate. (b) As noted in Section III.1. below, CDOT intends to transfer the acquired property described in (a) above to Weld County. CDOT and Weld County acknowledge the Company's title to the Company's Easement in the Common Use Area and the priority of the Company's title over the title acquired by CDOT and/or Weld County therein. The Company reserves the right and shall continue to have an easement to use said Common Use Area in common with the public use of the Road ROW for all of the purposes for which the Company's Easement was acquired including, but not limited to, all rights to construct, reconstruct, modify, upgrade, expand, maintain, or otherwise change the location and nature of the Company's Facilities. 3. Company Use of Common Use Area. (a) If at any time the Company desires to enter upon the Common Use Area to construct, reconstruct, modify, upgrade, expand, maintain, or otherwise change the location and nature of the Company's Facilities, the Company shall give advance notice to and obtain prior approval from (i) CDOT's Regional Transportation Director or authorized representative, and shall comply with all terms and conditions of a permit issued by CDOT covering such approved activity or (ii) if such Road ROW has been conveyed to Weld County in accordance with Section III.1 below, Company shall apply for and receive a right-of-way use permit ("County ROW Permit") in accordance with Weld County Code. Weld County has a no -cut policy for concrete roadways. (b) If, due to an emergency, the Company is unable to comply with the aforementioned notice and approval requirements, the Company shall notify CDOT or Weld County, as may be relevant, as soon as possible after discovering the emergency situation, and thereafter shall comply with any instructions which may be issued by CDOT or Weld County in response to the emergency, so long as such instructions do not, in the Company's sole judgment, create an unreasonable danger to the Company's Facilities. In all cases, the Company shall make adequate provision for the protection and safety of the traveling public. (c) CDOT and Weld County acknowledge the presence of the Company's Facilities in the Common Use Area. CDOT and Weld County agree to conduct any of their respective work within the Common Use Area in a safe and prudent manner, and both agree to comply with the Clearance Requirements set forth in Exhibit B attached hereto. II. RELOCATION AND ABANDONMENT OF COMPANY'S EASEMENT 1. Relocation of Company's Facilities for CDOT. (a) For so long as CDOT owns the Road ROW, if at any time CDOT undertakes improvements of Road ROW ("highway construction") that necessitates the relocation, reconstruction, removal, or abandonment of any of the Company's Facilities that are 2 located in the Common Use Area, CDOT shall notify the Company in writing of such necessity, and the Company agrees to relocate, reconstruct, remove, or abandon -in -place Company's Facilities that are located in the Common Use Area (the "Work"). Upon Company's receipt of notice from CDOT that such Work is necessary, Company shall cooperate with CDOT in the performance of the Work in a manner consistent with the interests of both parties, and at a time convenient to and in coordination with the highway construction. (b) In the case of (a) above: (i) CDOT shall pay just compensation to the Company for the abandonment of Company's Easement, which shall be subject to negotiation between Company and CDOT by separate agreement; (ii) the Work shall be performed by or under the direction of either CDOT or the Company, as agreed upon in writing in advance by those two parties; and (iii) in any case, CDOT shall be responsible for all eligible relocation Work costs as determined in accordance with applicable state and/or federal laws and regulations. 2. Relocation of Company's Facilities for Weld County. After CDOT conveys the Project area to Weld County, and Weld County accepts such conveyance, Weld County shall exercise exclusive control over the Road ROW, subject to the terms of this Agreement and the terms of Company's Easement. Should Weld County determine that any future road project is necessary (e.g. roadway expansion) (a "county project") that then requires the relocation, reconstruction, removal, or abandonment -in -place of Company's Facilities, Weld County shall provide notice and negotiate such work and just compensation for Company's Easement by separate agreement with Company. 3. Abandonment of Company's Easement from Common Use Area. If as a result of relocation, reconstruction, removal, or abandonment -in -place of Company's Facilities for highway construction or county project the Company must terminate use and occupancy of all or part of the Common Use Area, the Company shall execute a quit claim deed ceding to the then current owner of the underlying property all rights of the Company to such property subject to the terms of Sections II.1 and II.2. above and the payment of just compensation to the Company, by the party requesting the termination of use and occupancy, for the Company's Easement or the portion thereof so terminated. 4. Timing of Relocation of Company's Facilities. If Company receives notice that the Company's Facilities must be relocated, reconstructed, removed, or abandoned -in -place from CDOT or Weld County, the Company shall endeavor to do so within such time as may be negotiated by separate agreement between the parties. III. CONVEYANCE OF PROJECT 1. CDOT Conveyance to Weld County. CDOT is primarily responsible for design and construction of the Project. At the conclusion of said construction, CDOT intends to convey the Project area, including the Road ROW and its interest in Common Use Area, to Weld County. All parties to this Agreement expressly agree that CDOT shall be authorized to convey any of its property interests in the Project area to Weld County by separate document, and without further 3 approval by Company. Weld County may consent to the assignment of such property interests by CDOT, which shall include the provisions of this Agreement, and in such case CDOT shall be released from further obligation under this Agreement. CDOT shall provide notice of the conveyance to Weld County to the Company. The conveyance from CDOT to Weld County contemplated by this paragraph shall not affect the Company's rights to the Company's Easement and Company's Facilities, nor shall it affect the terms of this Agreement. IV. MISCELLANEOUS 1. Required Approvals. (a) This Agreement shall not be valid as to Weld County until it has been approved and accepted by the Board of County Commissioners of Weld County or its designee. (b) Notwithstanding anything to the contrary in this paragraph, this Agreement shall not be effective as to the Company until any required Federal Energy Regulatory Commission (the "FERC") approvals are obtained. 2. Agreement Binding. This writing, together with the exhibits, constitutes the entire Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties their officers, employees, agents, and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 3. No Third -Party Beneficiary. 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 undersigned parties, 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 undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 4. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of all parties. In the event that any municipality annexes any portion of the Road ROW that comprises the Common Use Area, Weld County shall automatically be released of obligation under this Agreement, and said annexing municipality shall be obligated to the terms of this Agreement in its place as to that portion of the Common Use Area which has been annexed. 5. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, 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. 4 6. Attorney Fees/Legal Costs. In the event of a dispute between the parties concerning this Agreement, the parties agree that no party shall be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of any other party. 7. Governmental Immunity. No term or condition of this contract 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. 8. Counterpart Signature. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The counterparts of this Amendment may be executed and delivered by facsimile or other electronic signature (including portable document format) by either of the parties and the receiving party may rely on the receipt of such document so executed and delivered electronically or by facsimile as if the original had been received. [Signature Page Follows] 5 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, two duplicate originals of this Agreement, each of which shall be deemed an original, on the date first written above. COMPANY: Public Service Company of Colorado, a Colorado corporation Digitally signed by KristopherBy: Kristopher Farruggia Name: ≥=d CCU j3 Date: 2021.07.19 Title: 99 10:26:08 -06'00' BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTE; ` Weld K B Deputy Clerk t Steve Moreno, Chair JUN 14 2021 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 4 Right of Way Manager 6 J.za -1637 Exhibit A(Description and Depiction of Common Use Area) 7 0 Street Intersection Improvernents\ROW_Survey\Orowings\Reference_FuIes\23186R0W_Pton2.8gr 0 NN at 00 e N Q 4 N a N a 0 ai Colorado Deportment of Trans ortotion P P 0 10601 West 10th Street Greeley, CO 80634 Phone:970-350-2173 a COOT FAX: 970-350-2223 Sheet Revisions Sheet Revisions _ Right of Woy Plans Plan Sheet Dote Descrptior, lntTo1f Dote Oescr:ption Intids 150' o' o' 300 600'Project Lineal Units = U.S. Survey Feet 1'' = 300' Number: C 0853-120 ' t L ---z Project Location: US 85 AND 0 STREET INTERSECTION IMPROVEMENTS Region 4 Right of Way PTS Project Code: Lost Mod. Dote Subset Sheet No. 23186 7-9-2020 7,01 01 7.01 7.01 A Power Home Line N 1 /4 31 O S `REE SITE DEPARTMENT OF TRANSPORTATION Elecrtric 7 Sec 32 o. 1315046easement Centerline 9' S. of Sec. Line o 3 1/4 alum G STATE OF COLORADO LS 25953 cP RIGHT OF WAY PLANS PROJECT OF PROPOSED NO. US C 0853-120 HWY 85 (MP 269.7) / m ' m o SEC 32,T 6 N, 1. This Right -of -Woy Plan is not o boundary survey of the adjoining property and is prepared for the Colorado R 65 W, 6TH P.M. WELD COUNTY A cc?' I ° (;KEPI FY T6N.R65W TSN.R65W Deportment of Transportation purposes only. vi 2. For title information, The Colorado Deportment I c of Transportation relied on Title Commitments File No. 748811 1" = 5280' I ,N prepared by Stewart Title Guaranty Company Home Line Power Electric line easement 3. This is subject to change and may not be the PARCEL plan set A most current set. It is the user's responsibility to verify 66 REC EXEMPTION rec. no. 1315046 Centerline 26.3' S. of Sec. Line Iry o with COOT that this set is the most current. The information0+ O Centerline 7.3' S. of Power Line the attached drowinq is not unless this PP PROJECT COORDINATES SUMMARY TABLE contained on valid �� RE -3216 nterline 6.3' S of ROW Li copy bears on original signature o1 the ProfessionolLond QP `= Pt. No. Nor thing(ft) Eosting(ft) Desc. REC 2914851 Surveyor hereon named. �`� 31 95972.55 109404.45 31/4 alum ® 32 95697.75 111997.54 31/4 alum NO° 15'14"W 1765.21' SC) a `( 862.60'1 P PP 52 C1 a , I 882.61' co Basis of Bearings: Bearings used in the calculations of coordinates ore based `�1G�� `` 61 COMMON I o on o grid bearing of N 40°13'29" W from CM 6959 (COOT Type 5 Monument) to vs 62 'aL pp (RW-1) k 303REA e CM 6968 (COOT Type 5 Monument). The survey data was obtained from o Global I Positioning System (GPS) survey base on the Colorado High Accuracy Reference - - - - '' Network (CHARN). --—� IIf w COORDINATE DATUM: Project coordinates ore modified Colorado State Plane elrL Q R ' a►o 1190.58 63 53 SO° 15'14"E 1136 58' 4 Cimmoron Ct. o North Zone NAD '83(2007) coordinates. The CHARN is based on the NAD 83(2007) PP 18.87 / — —2481.16 - - 0 datum. The project seed point coordinates ore: Northing = 425120.479m, N59° ]2'28"E Easting = 983988.183m, and Elevation = 1400.000m. The combined elevation/stole SECTION NE 1/4 _% 32 'ome Line Powe factor used to modify the coordinates is 1.0002583020. Project coordinates are Electric line easement CD truncated by 400 000m in the Northing and 950 000m in the Casting. rec. no. 1315046 m s Centerline 31.0' S. of Sec. Line c Centerline 12.2' S. of Power Line To get from Project to State Plane coordinates: odd the truncation, subtract enterline 11' S of ROW Lin- the seed point northing and eosting, divide by the ground scale factor, then the T6N,R65W UUAN l l l Y Ut MUNUME N l 3 l U t!t St I odd seed point northing and eosting. CAP TYPE I IA 2 MONUMENT 2A 3 TYKE 3A 4 5 5(5) 6 ROW 6 ROW TABULATION OF PROPERTIES NE COR PARCEL NO. OWNER ADDRESS LOCATION PARCEL AREA REC. INFO. PURPOSE 32 Sec 32 RW-1 NE 1, SEC 32 618,639 SF US 85 CONNECTION TO 3 1 TO WELD COUNTY 14.202 AC 0 STREET IN GREELEY LS 25953 `s- oza.2i -/731 of Greeley Plant Line itol Packin EXTENSION FORM 171 Corre t: r 1+• ""'"E=n,.�rs BOOK ,4 PAGE bb r R. °2 W. Agent liato a 9 9959 /j0 RETAINPERMANENTLY ock 4!1 Y 1315046 -- R,,t:nntinn Doeumen'f No.-i nn Snomnr- $ 5.00 RECEIVED OF HOME LIGHT AND P6WER COMPANY Fl vP • • Dollars, in consideration of which we hereby grant unto said Company, its successors and assigns, the.right, right, privilege and authority to construct, operate and maintain its, electric transmission, distribution and service lines, whether said lines now 'or may hereafter serve the property herein described or other property, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices, used or useful in the operation of said line, through and: along a course as said line may be hereafter constructed in, through, over or across the NWT, WW14. 1 and NFL, NI of Section. 32 , Township 6 North, Range 65 West, of the Sixth Principal Meridian in the County • of Weld, State of Colorado, the approximate center line of which right of way is more particularly described as follows: Beginning at a point on the .East boundary of the Northwest quarter of the Northeast quarter (NWy, NE1) of said Section, thirty two (32), thirty one (31) feet South of the North hniinrlary of snid SPctian thirty two (32); thPrrp in a Westerly direction to a 'point on the West boundary of the Northeast quarter (NEB) of said Section thirty two (32), Nine (9) feet South at the North boundary of said Section thirty two (32); thence at an angle to the left of l° 82' a distance of five hundred fifty four �55�+) feet thence at an ang a to the left of 90° a distance of fifty (50) feet. No poles or guys to be placed other han on above described center line and no wires or cross arms to over hang the property more than eight ($) feet. The line as described ilea one foot south of the North line as it now exists". ' Along such portions of the North line of .tine firm where a ditch. exists, the line is between the ditch and the fence. The last des- cribed fifty feet is between the'." fence ° and 'ditch along . the last side • of the farm buildings and is provided for a guy and anchor needed at this location. Thisone guy at the ' crest .end. is theonly one needed, on the farm, along this portion of the line. No other guy wires to be installed a.long this portion of the line. Together with the . rimaintain, • to enter .upon said premises, survey, construct, operate, control and use said n lines and to remove objects interfering therewith, and the right to permit the attachment of wires of any other Company.7' The grantors_ reserve__the right to cultivate, use and occupy said premises for any purpose consistent with the rights and privileges above granted and which will not interfere with or .endanger any of the grantee's facilities therein or`�'-' use thereof. In case of the permanent abandonment of said right of way,' all right, privilege and interest herein granted shall end, cease and determine. The work of installing said lines shall be done with care, and all damage to the premises caused thereby shall be repaired at the expense of the Company. p j This grant is subject to existing mineral leases covering any part of the above described land. Witness our hand S and seal S_this " /14(i4 day of j4 ;"1 , A. D., 19 (SEAL) at (Postoffice Addre� a t 't)Cff ( i10. 27zip • Y —G f7 (SEAL) Ida J. (Landowner Igo (J (Landowner) (SEAL) (SEAL) Thee -foregoing instrumen was acknowledged before me s.fthi ` day of %- 19a, by Henry J. Igo and Ida J. Igo tli,Iith is my. hand and official seal. E� My Commission Expires March Zl 196 , .jViVoSnmission expires e TiRECO2ZDED AND FILED COPY Exhibit B(Clearance Requirements) XCEL ENERGYIPUMLIC SERVICE COMPANY OF COLORADO HIGH VOLTAGE ELECTRIC TRANSMISSION LINE CLEARANCE REQUIREMENTS FOR YOUR SAFETY When working new or urrier a high voltage Owl= transmission iree. t moat be semisolid the teanurt6sion ire is analyzed and arty v.' ere may not be claw than twenty feet X201 in any direction to the energized transentsai©fl lines or c nductors The %cal Erma.." ate; Seroce Company of Colorado Electric T Line Operation* most be contacted at 303-213-062 or V minimum of 5 days to advance to arrange fix a Patrolman to be on the during any oottstructitxl work 'evhn on electric transmission Ina n Etrlof way Salely proovtaione wr11 allow ion operatoris in accordance vwth Occupational Safety and Health Act requeements When determined to be nerLeeaaryr, the Electric Trgnarneaaon Line Pierairmen until arrange for an outage of the electric lines Any outage is a day-to-day with the Patrolman on the job see et air tires When the Patrolman has arranged for an outage, arty workers must be no *beer Than three feet 13) iii any director' kern 1he ebb -- snowed tine or cordulors. There is a fee charged Ow an sl+C3nral clearance is rod -plow or the petrc tan a rn silo for snore thar. foie lairs LJnttar NO circ+mrtarcess may work be alerted within twenty test (2d') in any direction of the Ire r, lines or conductors without COSH ce frc+Tt the patrcrm rt, tt is trio responsIbiitty Of the party ui charge o1 the warts or or to notify the Patrolmen whenever snorting and ending the work men en enaarachment of any reoctrc trnnsmdsian lime right-of-way e recoceed. tl is necessary to request a rave*, ce all details to ertwra ozmplianoe with the hlatkinal Elect= Satiety Coda. Approved 6ntr47o Iimeres shall be documented with a fully executed License Agreement For encroachment review and approval. please call (3O3) 571-747€i. PLAN AHEAD AND FOLLOW THESE INSTRUCTIONS - IT COULD SAVE A LIFE 8 From: Lori Samna To: Elizabeth Relford Cc: Commissioners; Bruce Barker; Don Dunker; Don Warden; Ryan Rose; Esther Gesick; Karla Ford; Bob Choate Subject: Re: O Stteet Spur Common Use Agreement Pickle Date: Tuesday,June 8, 2021 10:58:54 AM Sitting here with Perry, Mike and Steve. We are all in agreement to put on Agenda for Monday. Sent from my iPhone On Jun 8, 2021, at 10:48 AM, Elizabeth Relford <erelford@weldgov.com> wrote: Commissioners, We are in a bind and I am requesting forgiveness on following the pass around process so we can get CDOT going on the 0 Street Spur project. CDOT is requiring a common use agreement for the 0 Street Spur construction project and this agreement seems to be what is holding up Castle Rock Construction from starting on the project. Is there anyway we could try to get it on Monday's BOCC agenda for approval? Bob Choate had previously reviewed and approved this version and now DCP has signed it. If you are ok with moving forward, I will load it into OnBase for CTB. Please advise. Thanks, E'izabeth Relford Deputy Director Weld County Public Works 1111 H Street PJ Box 758 Greeley. CO 80632-0758 Email: erelfordOco,weld.co.us Office: (970) 400- 3748 Cell: [970) 673-5836 Web: http://www.co.weld.co.us 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. <23186 CUA DCP signed.pdf> <23186 CUA NW signed.pdf COMMON USE AND FACILITY RELOCATION AGREEMENT - O STREET SPUR PROJECT This Common Use and Facility Relocation Agreement ("Agreement"), made and entered into this day of , 202_, by and between the STATE OF COLORADO, for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION ("State" or "CDOT"), and the COUNTY OF WELD, on behalf of the Weld County Department of Public Works ("Weld County"), and PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation ("Company"). RECITALS: WHEREAS, to promote the safety of the citizens of Weld County and other members of the traveling public, CDOT and Weld County are cooperating to undertake the construction of a public improvement project, known as the O Street Spur (hereinafter the "Project"), generally located in the Northeast 1/4 of Section 33, Township 6 North, Range 65 West, and WHEREAS, Company owns or possesses an easement or right-of-way ("Company's Easement"), which is described in that certain document recorded on October 19, 1959 in the records of the Weld County Clerk and Recorder at reception number 1315046, and WHEREAS, CDOT and Weld County desire the right to occupy and use a portion of the Company's Easement (the "Common Use Area") for public highway purposes ("Road ROW") (the Common Use Area is more particularly described in Exhibit A attached hereto and incorporated herein by this reference); WHEREAS, the parties desire to enter into this Agreement to identify the mutual respective rights and obligations of the parties in and to the Common Use Area, in order to avoid conflict and to allow for construction of the Project and plan for the future. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereby agree as follows: I. COMMON USE AREA 1. Project Encroachment in Company's Easement. The parties recognize that the design and construction of the Project will necessarily encroach onto the Common Use Area. Company hereby consents to such encroachment in accordance with the terms of this Agreement. The parties intend that the Project and Company's Easement will occupy the Common Use Area unless and until Company abandons Company's Easement or relocates its facilities ("Company's Facilities") from Company's Easement. 2. Right -of -Way. (a) CDOT has or will acquire the property underlying the Road ROW from the underlying fee property owners that CDOT determines is necessary for the Project, 1 regardless of whether such Road ROW is located within the Common Use Area. CDOT shall acquire such property interests in whatever form it deems appropriate. (b) As noted in Section III. 1. below, CDOT intends to transfer the acquired property described in (a) above to Weld County. CDOT and Weld County acknowledge the Company's title to the Company's Easement in the Common Use Area and the priority of the Company's title over the title acquired by CDOT and/or Weld County therein. The Company reserves the right and shall continue to have an easement to use said Common Use Area in common with the public use of the Road ROW for all of the purposes for which the Company's Easement was acquired including, but not limited to, all rights to construct, reconstruct, modify, upgrade, expand, maintain, or otherwise change the location and nature of the Company's Facilities. 3. Company Use of Common Use Area. (a) If at any time the Company desires to enter upon the Common Use Area to construct, reconstruct, modify, upgrade, expand, maintain, or otherwise change the location and nature of the Company's Facilities, the Company shall give advance notice to and obtain prior approval from (i) CDOT's Regional Transportation Director or authorized representative, and shall comply with all terms and conditions of a permit issued by CDOT covering such approved activity or (ii) if such Road ROW has been conveyed to Weld County in accordance with Section III.1 below, Company shall apply for and receive a right-of-way use permit ("County ROW Permit") in accordance with Weld County Code. Weld County has a no -cut policy for concrete roadways. (b) If, due to an emergency, the Company is unable to comply with the aforementioned notice and approval requirements, the Company shall notify CDOT or Weld County, as may be relevant, as soon as possible after discovering the emergency situation, and thereafter shall comply with any instructions which may be issued by CDOT or Weld County in response to the emergency, so long as such instructions do not, in the Company's sole judgment, create an unreasonable danger to the Company's Facilities. In all cases, the Company shall make adequate provision for the protection and safety of the traveling public. (c) CDOT and Weld County acknowledge the presence of the Company's Facilities in the Common Use Area. CDOT and Weld County agree to conduct any of their respective work within the Common Use Area in a safe and prudent manner, and both agree to comply with the Clearance Requirements set forth in Exhibit B attached hereto. II. RELOCATION AND ABANDONMENT OF COMPANY'S EASEMENT 1. Relocation of Company's Facilities for CDOT. (a) For so long as CDOT owns the Road ROW, if at any time CDOT undertakes improvements of Road ROW ("highway construction") that necessitates the relocation, reconstruction, removal, or abandonment of any of the Company's Facilities that are 2 located in the Common Use Area, CDOT shall notify the Company in writing of such necessity, and the Company agrees to relocate, reconstruct, remove, or abandon -in -place Company's Facilities that are located in the Common Use Area (the "Work"). Upon Company's receipt of notice from CDOT that such Work is necessary, Company shall cooperate with CDOT in the performance of the Work in a manner consistent with the interests of both parties, and at a time convenient to and in coordination with the highway construction. (b) In the case of (a) above: (i) CDOT shall pay just compensation to the Company for the abandonment of Company's Easement, which shall be subject to negotiation between Company and CDOT by separate agreement; (ii) the Work shall be performed by or under the direction of either CDOT or the Company, as agreed upon in writing in advance by those two parties; and (iii) in any case, CDOT shall be responsible for all eligible relocation Work costs as determined in accordance with applicable state and/or federal laws and regulations. 2. Relocation of Company's Facilities for Weld County. After CDOT conveys the Project area to Weld County, and Weld County accepts such conveyance, Weld County shall exercise exclusive control over the Road ROW, subject to the terms of this Agreement and the terms of Company's Easement. Should Weld County determine that any future road project is necessary (e.g. roadway expansion) (a "county project") that then requires the relocation, reconstruction, removal, or abandonment -in -place of Company's Facilities, Weld County shall provide notice and negotiate such work and just compensation for Company's Easement by separate agreement with Company. 3. Abandonment of Company's Easement from Common Use Area. If as a result of relocation, reconstruction, removal, or abandonment -in -place of Company's Facilities for highway construction or county project the Company must terminate use and occupancy of all or part of the Common Use Area, the Company shall execute a quit claim deed ceding to the then current owner of the underlying property all rights of the Company to such property subject to the terms of Sections II.1 and II.2. above and the payment of just compensation to the Company, by the party requesting the termination of use and occupancy, for the Company's Easement or the portion thereof so terminated. 4. Timing of Relocation of Company's Facilities. If Company receives notice that the Company's Facilities must be relocated, reconstructed, removed, or abandoned -in -place from CDOT or Weld County, the Company shall endeavor to do so within such time as may be negotiated by separate agreement between the parties. III. CONVEYANCE OF PROJECT 1. CDOT Conveyance to Weld County. CDOT is primarily responsible for design and construction of the Project. At the conclusion of said construction, CDOT intends to convey the Project area, including the Road ROW and its interest in Common Use Area, to Weld County. All parties to this Agreement expressly agree that CDOT shall be authorized to convey any of its property interests in the Project area to Weld County by separate document, and without further 3 approval by Company. Weld County may consent to the assignment of such property interests by CDOT, which shall include the provisions of this Agreement, and in such case CDOT shall be released from further obligation under this Agreement. CDOT shall provide notice of the conveyance to Weld County to the Company. The conveyance from CDOT to Weld County contemplated by this paragraph shall not affect the Company's rights to the Company's Easement and Company's Facilities, nor shall it affect the terms of this Agreement. IV. MISCELLANEOUS 1. Required Approvals. (a) This Agreement shall not be valid as to Weld County until it has been approved and accepted by the Board of County Commissioners of Weld County or its designee. (b) Notwithstanding anything to the contrary in this paragraph, this Agreement shall not be effective as to the Company until any required Federal Energy Regulatory Commission (the "FERC") approvals are obtained. 2. Agreement Binding. This writing, together with the exhibits, constitutes the entire Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties their officers, employees, agents, and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 3. No Third -Party Beneficiary. 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 undersigned parties, 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 undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 4. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of all parties. In the event that any municipality annexes any portion of the Road ROW that comprises the Common Use Area, Weld County shall automatically be released of obligation under this Agreement, and said annexing municipality shall be obligated to the terms of this Agreement in its place as to that portion of the Common Use Area which has been annexed. 5. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, 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. 4 6. Attorney Fees/Legal Costs. In the event of a dispute between the parties concerning this Agreement, the parties agree that no party shall be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of any other party. 7. Governmental Immunity. No term or condition of this contract 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. 8. Counterpart Signature. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The counterparts of this Amendment may be executed and delivered by facsimile or other electronic signature (including portable document format) by either of the parties and the receiving party may rely on the receipt of such document so executed and delivered electronically or by facsimile as if the original had been received. [Signature Page Follows] 5 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, two duplicate originals of this Agreement, each of which shall be deemed an original, on the date first written above. COMPANY: Public Service Company of Colorado, a Colorado corporation By: Name: Title: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Steve Moreno, Chair Weld County Clerk to the Board BY: Deputy Clerk to the Board STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 4 Right of Way Manager 6 Exhibit A(Description and Depiction of Common Use Area) 7 of Greeley 1 mile North and 1/2 mile East Plant Line itol Packin EXTENSION O W... z a= :it FORM 171 Correct: �mrn GUILtY nnu+s BOOK1542 PAGE 5b/ I R. o? W. Agent OCT 9 1959 RETAIN PERMANENTLY liacoriEA____._ •Gt__/65 c IoCk ti 4. Ran1315046 Ann Soomer. Re.n..?; • D'oeumen'f'No. • $ 5.00 RECEIVED OF HOME LIGHT AND P6 /ER COMPANY F'i VP • • Dollars, in consideration of which we hereby grant unto sid' Company, its successors and assigns, the • right, privilege and authority to construct, operate and maintain its- electric transmission, distribution and service lines, whether said lines now 'or may hereafter serve the property herein described or other property, with all poles, cross arms, ' cables, wires, guys, supports, fixtures and devices, used or useful in the operation of said line, through and along a course as said line may be hereafter constructed in, through, over or across the NGT, NF4 anti NFL, NG of Section 322 - , Township 6 North, Range 65 West, of the Sixth Principal Meridian in the County of Weld, State of Colorado, the approximate center line of which right of way is more particularly described as follows: Beginning at a point on the Fast boundary of he Northwest guar. r of .he Northeast quarter (NW*. NE,--) of said Section thirty two (32), thirty one (31) feet South of the North hn,rnt9ary of said Seci-drrn thirty two (32); +.-hence in a Westerly direction to a 'point on the West boundary of the Northeast (Quarter (NE-) of said Section thirty two (_�2) Nine (Al fee South at the North boundary of said Section thirty two (32).; thence at an angle to the left of 1° 8P' a di stance of five hundred fifty four (554) feet; thence at an angle to the left of 90° a distance of fifty (50) feet. No poles or guys to be placed other than on above described center line and no wires or cross arms to over hang the property more than eight (8) feet'. The line as described lies one foot south of the North line as it now exists. Along_ such__porti ons of the North line of the farm where a ditch exists, the line is between the ditch and the fence. The last des- cribed fifty feet . is between the`." fence and 'ditch along . the Last side of the farm buildings and is provided for a guy and anchor needed at this location. This one guy atthe Jest:end.is the' -only one needed, on the farm, along this portion of the line. No other guy wires to be installed along this portion of the line. • Together with the . right • to enter upon said premises, survey, construct, maintain, operate, control and use saidc?, lines and to remove objects interfering therewith, and the right to permit the attachment of wires of any other Company.7' The grantors reserve_the right to cultivate, use and occupy said premises for any purpose consistent with the rights and privileges above granted and which will not interfere with or .endanger any of the grantee's facilities therein or'- use thereof. In case of the permanent abandonment of said right of way,' all right, privilege and interest herein granted shall end, cease and determine. The work of installing said lines shall be done with care, and all damage to the premises caused thereby shall be repaired at the expense of the Company. p I This grant is subject to existing mineral leases covering any part of the above described land. o • Witness our hand S and seal_&_this • 74(1* day of at it744�d�eEl c� 4 (Postoffice Addre > ►dCI}fCX i'io.f 272_O J(Lan "w e )(416"o Henry 1.�� -�" Ida J. (Landown , A. D., 19 • (SEAL) Igo e / (Landowner) (SEAL) CO • (SEAL) g (SEAL) 74 Tlit foregoing instrumen was acknowledged Ythi -, J k. ' day of r 19=-C72-, itngss„my hand and official seal. a`: " My Commission Expires ,IVIIN� ommission expires ...‘ c• ."' • .1...1:1C1,.?",2ZDED AND FILED COPY Ft*.titie.7LN before me by Henry J. March Z1 19&p Igo and Ida J. Igo Exhibit B(Clearance Requirements) XCEL ENERGY/PUEILIC SERVICE COPAPANY OF COLORADO HIGH VOLTAGE ELECTRIC TRANSMISSION LINE CLEARANCE REQUIREMENTS FO YOUR SAFETY WI -en workrrg rear or uivler a high vollarge electric transmasian Ine C rnuCl be asst nod fhe tronsrmrssrcn tic is errawized and !Wry workers may not be csasr than twenty feet $2(') in any directicn to the energized transmission flees or o.mnduilo s The Xcel En©rgl'Ptiolic Serince Corripony of Cciorado Electric Tranarrisscm Line Operalions rtrneat roust be eonlac ed at 343-213-4€6 or 331273.413E a nwr+rrntmt of 5 days !r ar#rance to arrange fora Patrolmen to be on Me during any ixinstruction wOrk *Atli') an electric trarrsmrsssan Nze ritihtof way Safety prorrttr<n e sill aliow for operations iraCCV ar a ktn stoup lbonat Safety and Health Act nequnrnantri When detnrmned to be Ir a:rosary, the Etc tc Transrrrarsron Line Patrolman will arrange for an outage of ale electric Ikres .Any outage e8 a day-to-day situ re; with the F" etrolrnan on the rob sCe at of Eames When the Palrorrrn n has arr .. f€u an outage, any eskers roust be no Weer than three feat l ') in any direcficm from the die - energized Ines or condretcrs There is a fee charged ,ten an electrical dearsrce is e<iijaej qr the ;Ile for rnu!c Char. 1ws 1rs-1rs. Uricer NO circumstances may *work be started en thin twenty leet i2tI ) in any direcban of the Ira lines or conductors without: c eerance froni the Paerrarngn Ii is the resporeibrf ty of the pert` in charge rA the erArk or corlractcr ro notify the Patrolman whenever starring and ending the work Vst'reri an endoaChnient of any abeam transrmsaten line right -cif -way 41 pri rated. 4 i necessary to requaat e levee, of all d{teilrr to ensure compliance wet the National Elert!nc Safety Cade Approved encrosonnrente ORA oe t1prurrrent*i with a kitty exyxureei uoertEm Preernerrt For enaoachrneril review err3 approval. tie Call III -31571-7478. PLAN AHEAD AND FOLLOW TIyESE INSTRUCTIONS - IT COULD SAYE A LIFE 8 Contract Form New Contract Request Entity Information Entity Name* COLORADO DEPARTMENT OF TRANSPORTATION Entity ID' '00003413 ❑ New Entity? Contract Name* Contract ID O STREET SPUR - COMMON USE AND FACILITY RELOCATION 4842 AGREEMENT - PUBLIC SERVICE COMPANY OF COLORADO Contract Status CTB REVIEW Contract Lead* ERELFORD Contract Lead Email erelford@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project" - Contract Description* WELD COUNTY AND CDOT ARE PARTNERING ON THE O STREET SPUR PROJECT. CDOT IS PAYING FOR THE DESIGN, ROW ACQUISITION, UTILITY RELOCATION AND CONSTRUCTION. UPON PROJECT COMPLETION THE IMPROVEMENTS WILL BE CONVEYED TO WELD FOR OWNERSHIP AND MAINTENANCE. Contract Description 2 XCEL CUA FOR THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 65 WEST. Contract Type* AGREEMENT Amount* 40.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks� weldgov.com Department Head Email CM-PublcWorks- DeptHeadgweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM - CO U NTY.ATTO RN EY'�WELDG OV.COM Requested BOCC Agenda Date* 0614;2021 Due Date 06x10;2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 On Base Contract Dates Effective Date Review Date 06,14;2022 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date • 06;14'2022 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAY MCDONALD DH Approved Date 06(11/2021 Final Approval B0CC Approved MCC Signed Date B0CC Agenda Date 06(14;2021 Originator ERELFORD Finance Approver CHRIS D'OVIDIO Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 06 11 t`2021 06;'11,2021 Tyler Ref # AG 061421 Hello