HomeMy WebLinkAbout20190615.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
Tri -State Generation and Transmission Association, Inc. — USR18-0083
DEPARTMENT: Public Works DATE: January 18, 2019
PERSON REQUESTING: Tisa Juanicorena.
Brief description of the issue:
The Department of Public Works received a request from the applicant, Tri -State Generation and Transmission
Association, Inc., requesting that the Board of County Commissioners consider approving the Road Maintenance
Agreement for (USR18-0083). No collateral is required with this agreement.
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the
above -mentioned signed original document and observed the following:
• All Public Works related items, of the "Road Maintenance Agreement According To Policy", are found to
be acceptable.
• This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by
the Board of County Commissioners.
What options exist for the Board?
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 Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for USR18-0083, and that this
item be placid on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Approve Schedule as Regular
Recommendation BOCC Hearing Item Other/Comments:
Sean P. Conway
Scott K. James
Steve Moreno
Mike Freeman, Pro-Tem
Barbara Kirlaneyer, Chair
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ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Tri-State Generation and Transmission //�Association, Inc. — USR18-0083
THIS AGREEMENT is made this (���day of , 201f, by and between Tri-State
Generation and Transmission Association, Inc., 1100 W. 116th Ave, Westminster, CO 80234, a Colorado
cooperative corporation organized under the laws of the State of Colorado, hereinafter referred to as
"Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose
address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Tri-State will be constructing a 230KV Substation transmission line facility on the
following described property in the County of Weld, Colorado:
Lot B of Recorded Exemption, RE -1987; being part of the
N1/2 NE1/4 of Section 7, Township 4 North, Range 68
West of the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Project," and
WHEREAS, Tri-State has received Weld County Board of Planning Commissioner approval of
USR18-0083, and
WHEREAS, Tri-State acknowledges that the fmal approval of USR18-0083 is conditional upon
Tri-State funding during construction only of road maintenance described in this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant and agree as follows:
PART I: SITE SPECIFIC PROVISIONS
A. Haul Routes: The Tri-State shall be financially responsible for its proportional share of the
County's costs associated with maintaining and/or improving designated haul/travel routes.
1.0 Haul Routes. The following roads are designated as haul/travel routes for the Project:
1) Arriving to the site: East/West along HWY 56, North on CR 3, West on CR 48.
2) Leaving the site: East on CR 48, South on CR 3, East/West on HWY 56.
2.0 Haul trucks shall enter and exit the site at the approved access on CR 48 travel to HWY 56 for
further dispersal. Any County roads used by traffic associated with USR18-0083 may become part of the
established haul/travel routes.
3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds per axle
and axle configurations unless overweight permits have been applied for and granted.
4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
above -mentioned haul/travel route for a limited period (six months or less), Weld County Public Works
may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county
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roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months
or requests for one (1) or more deviations within a 12 -month period shall authorize the County to change
the haul/travel routes designated herein, and provide notice to Tri-State.
5.0 Haul Route Signage. Tri-State shall install travel route signs, if applicable, as per Manual of
Uniform Traffic Control Devices standards, at all exit points of the Project which can be clearly seen by
drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this
Agreement, no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement.
B. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, as required by the Board:
2.0 Dust Control. Tri-State shall be financially responsible for its proportional share of dust control on
unpaved designated haul/travel routes after commencement of operation. The amount and extent of dust
control will be determined by site -specific conditions at the time, as determined exclusively by County
personnel. Dust abatement along the relevant haul/travel routes is expected to occur approximately two to
five times per year. Dust abatement is required for roads with more than 200 vehicles per day, per
Section 8-6-100 of the Weld County Code.
2.1 Dust Control During Construction. If necessary, as determined by the County, Tri-State
shall cause to be performed within 30 days of notification, at its sole expense, dust control by a
contractor approved by Weld County Public Works during the construction period of the
development.
3.0 Repair. Tri-State shall be financially responsible for its proportional share of excavation, patching,
and pavement repair on designated haul/travel routes. The amount and extent of repair and paving measures
will be determined by site -specific conditions at the time, as determined exclusively by County personnel.
4.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project
traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Tri-State of such Significant Damage.
Tri-State shall identify the repair required and shall consult with County on the extent, type, timing,
materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt
of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If
Tri-State identifies Significant Damage prior to receiving notice thereof from County, Tri-State may
commence repair of such Significant Damage and shall concurrently notify County of the extent, type,
timing, materials and quality of repair (i.e. temporary versus permanent).
5.0 Repair of Road: On or before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion will
require paving measures in order to protect the public health, safety, and welfare, and the County has
budgeted sufficient funds for the following calendar year to pay its share of the Off -Site
Improvement/Repair Costs, County shall notify Tri-State in writing that the Off -Site Improvements/Repairs
shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the
road maintenance repairs and/or improvements, Tri-State shall submit Off -Site Construction Plans and Cost
Estimates to County for review. Tri-State shall have sole responsibility for the completion of the repairs
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and/or improvements on or before December 15 of the year following County's notice of the need for
repairs.
5.1 In County's sole discretion, County may undertake the repairs and/or improvements.
Tri-State's payment for its Proportionate Share of the road repairs/improvements will be calculated
as determined in this Agreement. Property Owner will be invoiced accordingly for those
proportional share costs.
6.0 Calculation of Tri-State's Proportional Share of Costs. The County shall notify Tri-State of
County's preliminary determination and assessment of Tri-State's proportional share of costs of
maintenance, repair, or improvements to Tri-State's designated haul/travel routes. Prior to County's final
determination and assessment, County shall provide Tri-State with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and determinations. The County
shall review and consider Tri-State's input prior to making a final determination and assessment. The
County shall have sole responsibility for determination of Tri-State's proportional share of costs. Tri-State
agrees to pay such proportional share of costs within 30 days of receiving an invoice from County.
7.0 Annual Road Inspection. County may conduct a road inspection during construction of the Project
with the cooperation of Tri-State for the haul routes designated in this Agreement. As a result of the annual
inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what
road repair/improvement/maintenance work is to be performed during that construction season. Notification
to Tri-State of the required roadway repairs will be given as soon as the data become available.
8.0 Notification. The County shall notify Tri-State of County's preliminary determination and
assessment of Tri-State's proportionate share of costs of maintenance, repair, or improvements to
Tri-State's designated haul/travel routes. Prior to County's final determination and assessment, County
shall provide Tri-State with a reasonable opportunity to review, comment upon and supplement County's
data, collection methodology, and determinations. The County shall review and consider Tri-State's input
prior to making a final determination and assessment.
PART H: GENERAL PROVISIONS
A. Collateral:
1.0 General Requirements for Collateral. Tri-State shall provide to County collateral to guarantee all
of Tri-State's obligations under this Agreement. Collateral acceptance and release is governed by the Weld
County Code.
B. Access and Right -of -Way Permits:
1.0 Access Permits. Tri-State shall not use any access onto any County road unless and until an access
permit has been issued by the Department of Public Works. Public Works may condition the issuance of an
updated access permit on the amendment of this Agreement if the updated access permit authorizes the use
of an additional access point, or if there is a change in use of the current access point, as permitted by
Article V of Chapter 12 of the Weld County Code.
2.0 Right -of -Way (ROW) Permits. Per Article IV of Chapter 12 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work
shall occur without said ROW permit.
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C. Enforcement and Remedies:
1.0 Violation of Terms of Agreement. If in County's opinion, Tri-State has violated any of the terms
of this Agreement, County shall notify Tri-State of its belief that the Agreement has been violated and shall
state with specificity the facts and circumstances which County believes constitute the violation. Tri-State
shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after
fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may
consider Tri-State to be in breach of this Agreement.
2.0 Remedies for Breach by Tri-State. In the event that County determines that Tri-State has violated
the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the
following remedies, or any other remedy available in law or equity.
2.1 Withholding Permits. County may "lock" any or all lots within the Project, which precludes
the continued issuance of building permits, zoning permits, septic permits, or any other permit
issued by any department of the County.
2.2 Court Action. County may seek relief in law or equity by filing an action in the Weld
District Court or Federal District Court for the District of Colorado, except that no such civil action
or order shall be necessary to access collateral for the purpose of completing improvements as
described above.
2.3 Revocation of USR Permit. Tri-State acknowledges that failure to comply with the terms
of this Agreement constitutes cause to revoke the USR, and County may exercise this option in its
sole discretion by proceeding with revocation under the then current provisions of the Weld County
Code.
3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of
the underlying land use approval under Weld County Code Section 23-2-290. However, County
may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health, safety, and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Tri-State's complete cessation of all construction activities permitted by the USR including any
clean up or restoration required. A partial cessation of activities shall not constitute a Termination
of this Agreement, nor shall County's issuance of a partial release/vacation constitute a
Termination. Unless informed in writing by the Tri-State of cessation of activities, and verified by
the County, cessation shall only be presumed if the County determines that the USR has been
inactive for three (3) years. Tri-State shall not be entitled to a release of the Project or Warranty
Collateral unless and until the improvements required by this Agreement are completed.
3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new party or operator who has assumed the
operation of the business permitted by the USR, and intends to make use of the rights and privileges
available to it through the then existing USR.
3.4 Revocation of USR. This Agreement shall terminate following County's revocation of
Tri-State's USR, except that the Tri-State shall only be released from this Agreement after the
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successful completion of all improvements required under this Agreement, which may be
completed by County after accessing Tri-State's collateral if Tri-State fails to complete such
improvements.
3.5 Completion of Construction: This Agreement shall terminate following Tri-State's
completion of construction of the facilities authorized by the underlying USR. Tri-State shall notify
the County of completion.
D. General Provisions:
1.0 Successors and Assigns.
1.1 Tri-State may not delegate, transfer, or assign this Agreement in whole or in part, without
the prior express written consent of County and the written agreement of the party to whom the
obligations under this Agreement are assigned. Consent to a delegation or an assignment will not
be unreasonably withheld by County. In such case, Tri-State's release of its obligations shall be
accomplished by County's execution of a new Improvements Agreement with a successor party.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. 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.
3.0 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.
4.0 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.
5.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
6.0 Choice of Law/Jurisdiction. 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 or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute.
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Carly Koppes. Clerk and Recorder. Weld County: CO
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7.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Tri-State, concerning
this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or
legal costs incurred by or on its own behalf.
8.0 Release of Liability. Tri-State shall indemnify and hold harmless the County from any and all
liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and
description caused by, arising from, or on account of Tri-State's execution of its maintenance requirements
under this Agreement, and pay any and all judgments rendered against the County on account of any such
suit, action or claim, and notwithstanding section 7.0 above, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage
is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise
except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the
County or its employees while acting within the scope of their employment. All contractors and other
employees engaged in maintenance activities contemplated under this Agreement shall maintain adequate
worker's compensation insurance and public liability insurance coverage, and shall operate in strict
accordance with the laws and regulations of the State of Colorado governing occupational safety and health.
9.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
10.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such party's
obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement
binding on such party and enforceable in accordance with its terms. If requested by the County, Tri-State
shall provide the County with proof of Tri-State's authority to enter into this Agreement within five (5)
days of receiving such request.
11.0 Acknowledgment. County and Tri-State acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements, oral or written, and any other communications between
the parties relating to the subject matter of this Agreement.
12.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential
conflict between any term in this Agreement and the Resolution of the Board of County Commissioners
approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the
event of a discrepancy between this agreement and the Weld County Code in effect at the time of the
agreement, the terms of the Weld County Code shall control.
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Carly Koppes Clerk and Recorder, Weld County, VIII !rj��''� VEINI l�' !'iiJiI`'rilit Naps ����� o�hn11O1 iI ill
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Tri-State Generation and Transmission Association, Inc.:
fG
By.
Name: Joel K. Bladow
Title: Senior Vice President, Transmission
STATE OF COLORADO
County of
Date
ss.
The foregoing instrument was acknowledged before me this /7 day of
201 9, by Joel K. Bladow as Senior Vice President, Transmission for Tri-State Generation and Transmission
Association, Inc.
WITNESS my hand and official seal.
FAITH WARNER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184035614
IVR'C0MMISSI0N EXPIRES SEPTEMBER?, 2022
Notary Public
WELD COUNTY: t C�
ATTEST. .d142;,,k.
BOARD OF COUNTY COMMISSIONERS
Weld ,o ty Clerk to the Boar• WELD
COUNTY, COLORADO
BY:
Deputy Cle to the Board Mike Freeman, Pro—Tem
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Carly Koppes, Clerk and Recorder, Weld County, CO
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FEB 062019
E -RECORDED
ORIGINAL ATTACHED
4446690 11/15/2018 01:29 PM
Total Pages: 1 Rec Fee: $13.00 Doc Fee: $300.00
Carly Koppes - Clerk and Recorder, Weld County, CO
Stain Documeniary Fee
Date; November 15, 2018
1580.00
Warranty Deed
(Pursuant to 3&30-113 C.R.S.)
THIS DEED, made on November 15th. 2018 by DANIEL G. STROH Grantor(s), of the County of Lorimer and State of Colorado for
the consideration of (83,000,000.00) ""Three Million end 001100"` dollars in hand paid, hereby sells and conveys to TRI-STATE
GENERATION AND TRANSMISSION ASSOCIATION, INC., A COLORADO COOPERATIVE CORPORATION Grantee(s), whose street
address Is 1100 W. 118TH AVENUE. WESTMINSTER, CO 80234, County of Adams, and State of Colorado, the following real property In
the County of Weld, and State of Colorado, to wit:
LOT II, RECORDED EXEMPTION NO. 1067-07-14151017, RECORDED MARCH 17, 1007 AT RECEPTION NO. 2538174, BEING
LOCATED IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSNP 4 NORTH, RANGE 88 WEST OF THE
6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
Excluding twenty-seven (27) aors-loot unite of Colorado -816 Thompson (OM) Project wailer administered alrau1h Ore Northam
Colorado Wets Conservancy Dlslrtd ( Northern Water). Also,', minding any and all Irdgason waters used on amid property.
also known by street end number as: VACANT LAND AT WELD CO. RD. 48 AND WELD CO. RD. 3, BERTHOUD, CO 80613
with ell Its appurtenances and warrants the title to the sane, subject to general taxes to/ the year 2018 and those specific Exceptions
described by reference to recorded abotsnents as reflected in the Tide Documents accepted by Grantee(s)in accordance with Record 7711.
Matters (section 8.2) of the Contract to Buy and Sell Real Estate relating to the above described real property; dstdbution utility easements,
(including cable TV); those specifically described rights of third parties not show by the public records of which Gr nted's) has actual
laxrdedge and which ewe accepted by Grantees) in accordance with Off -Record Title Matters (Ssedon 8.3) and Cun nr Survey Review
(Section 9) of the Contract to Buy and Se l Red Estate relating to the above described red property; inclusions of the Property within any
special tax district; Any special assessment it the Improvements were not Installed as of the date of Buyerts signature on the Contract to
Buy and SelEstate, whether assess prior to or after Closing; and other !NOME
Q. Stott
State of Colorado
County of Latimer
)
)era.
)
The lassoing instrument was acknowledged before me oal$s„day of November 168i, 2018 by DANIEL G. STROH
Whitess my hand and official seal �}
My Commission expires: t \\ �% -; �i.D
wy Pubic
PATRICIA ELENDY
�� PUBLIC
STATE OF COLORADO
NOTARY ID 19924000086
My Commission Expires July 30, 2020
When recorded return to: TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC., A COLORADO COOPERATIVE
CORPORATION
1100 W. 116TH AVENUE. WESTMINSTER. CO 80234
Form 13 closingiciseisfwd.Nmi 25154758 (356244)
YI 11111111111111IBII
Warranty Deed
(Pursuant to 38-30-113 C.R.S.)
THIS DEED, made on November 15th, 2018 by DANIEL G. STROH Grantor(s), of the County of Larimer and State of Colorado for
the consideration of ($3,000,000.00) "'Three Million and 001100"' dollars in hand paid, hereby sells and conveys to TRI-STATE
GENERATION AND TRANSMISSION ASSOCIATION, INC., A COLORADO COOPERATIVE CORPORATION Grantee(s), whose street
address is 1100 W. 116TH AVENUE, WESTMINSTER, CO 80234, County of Adams, and State of Colorado, the following real property in
the County of Weld, and State of Colorado, to wit:
LOT B, RECORDED EXEMPTION NO. 1061.07-1-RE1987, RECORDED MARCH 17, 1997 AT RECEPTION NO. 2538174, BEING
LOCATED IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE
6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
Excluding twenty-seven (27) acre-foot units of Colorado -Big Thompson (C -BT) Project water administered through the Northern
Colorado Water Conservancy District ( Northern Water). Also, excluding any and all Irrigation waters used on said property.
also known by street and number as: VACANT LAND AT WELD CO. RD. 48 AND WELD CO. RD. 3, BERTHOUD, CO 80513
with all its appurtenances and warrants the title to the same, subject to general taxes for the year 2018 and those specific Exceptions
described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Record Title
Matters (Section 8.2) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements,
(including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual
knowledge and which were accepted by Grantee(s) in accordance with Off -Record Title Matters (Section 8.3) and Current Survey Review
(Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusions of the Property within any
special tax district; Any special assessment if the improvements were not installed as of the date of Buyers signature on the Contract to
Buy and Sell Estate, whether assess prior to or after Closing; and other NONE
State Documentary Fee
Date: November 15, 2018
$300.00
G. Stroh
State of Colorado
County of Larlmer
The foregoing instrument was acknowledged before me o da of November 15th, 2018 by DANIEL G. STROH
Witness my hand and official seal My Commission expires: I ". "(40
)ss.
ary Public
PATRICIA MELENDY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19924009899
My Commission Expires July 30, 2020
When recorded return to:
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC., A COLORADO COOPERATIVE
CORPORATION
1100 W. 116TH AVENUE. WESTMINSTER, CO 80234
Form 13 closing/deeds/wd.html 25154759 (356244)
III I UIIIIUII II IIII IIIII III
REAL PROPERTY TRANSFER DECLARATION - (TD -1000)
GENERAL INFORMATION
Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform
assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.).
Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for
recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor
(seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S.
Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies
the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is
mailed.
If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may
impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year
that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)0),
9-14-102 1 , C.R.S.
Confidentiality: The assessor Is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, It is
only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to
any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S. and 39-
13-102(5)(c), C.R.S.
1. Address and/or legal description of the real property sold: Please do not use P.O. Box numbers
VACANT LAND AT WELD CO. RD. 48 AND WELD CO. RD. 3, BERTHOUD, CO 80513
2. 'ape of
rcha5 rl ied le am ly VacantL To Other
ial []Townhome
❑ Condominium O Multi -Unit Reds 0 Commercial
U Industrial A�
3. Date of Closing: November 15, 2018
Date of Contract if different than date of closing: December 22, 2017
4. Total sale price: Including all real and personal property. $3,000,000.00
5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, draperies, free
standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed
to be for the real property as per 39-13-102, C.R.S. Describe:
Yes QX No If yes, approximate value $
6. Did the total sales price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the
s or services as of the date of closing.
rods
pX No If yes, value $
If yes, does this transaction involve a trade under IRS Code Section 1031? O Yes ® No
7. Was 100% interest in the real property purchased? Mark 'no" if only a partial interest Is being purchased.
Q Yes ❑ No If no, interest purchased: 96
8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within
the same family, business affiliates, or affiliated corporations.
Yes XQNo
9. Check any of the following that to the condition of the improvements at the time of purchase:
New Excellent Good 0 Average 0 Fair O Poor 0 Salvage
If the property is financed, please complete the following:
10. Total amount financed:
11. Te of financing: (Check all that y)
[TNew Q Assumed ❑ Seller U Third Party ❑ Combination; Explain
12. Terms:
Variable Starting Interest rate %
Fixed Interest rate %
Length of time years
Balloon Payment ❑ Yes 0 No if yes, amount $0.00 Due Date
Form 76 closing/recordings/rpt.html 25154759 (356244)
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If marked, please specify:
For properties OA than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please
complete questions 14-16 if applicable. Otherwise, skip to 017 to complete.
14. Did the purchase price Include a franchise or license fee? ❑ Yes 0 No
13. Mark any that apply:
8 Seller assisted down payment
Seller concessions
Special terms of financing.
If yes, franchise or license fee value?
15. Did the purchase price involve an installment land contract? Q Yes QX No
If yes, date of contract:
16. If this was a vacant land sale, was an on -site Inspection of the property conducted by the buyer prior to the closing?
❑ Yes ❑ No
Remarks: Please include any additional information concerning the sale you may feel is important.
17. Signed on this day of November 15.2018
Have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number.
Signature of n Grantee(Buyer) n or Grantor(Seller)
TRI-STATE GENERATION AND TRANSMISSION
ASSOCIATION, INC., A COLORADO COOPERATIVE
CORPORATION
By.
Mites S. McInnes, Chief Executive Officer
18. All future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to:
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC., A COLORADO COOPERATIVE CORPORATION
1100 W. 116TH AVENUE, WESTMINSTER, CO 80234 ATM: Tax Manager
Phone: (303) 2544375 Emall:mhowardet1atategt.com -
Form 76 closing/recordings/rpt.html
25154759 (356244)
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