HomeMy WebLinkAbout20180401.tiffRESOLUTION
RE: GRANT REQUEST FOR PLACEMENT OF THREE (3) TEMPORARY WIND
MONITORING TOWERS, WITH CONDITIONS - LEEWARD RENEWABLE ENERGY,
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 January 2, 2018, 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 Leeward Renewable Energy, LLC, and the Board of County
Commissioners, specifying the form of collateral and other terms for said towers on privately
owned parcels, said real estate being more particularly described as follows:
1. Brian and Andrea Kinnison — located in the NW1/4
of Section 25, Township 12 North, Range 60 West;
2. Glen Klawonn — located in the SE1/4 of Section 21,
Township 12 North, Range 59 West;
3. O&M Harms, LLC — located in the NE1/4 of Section
4, Township 11 North, Range 59 West of the 6th
P.M., Weld County, Colorado, and
WHEREAS, after review, the Board deems it advisable to grant said request, a copy 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 Leeward Renewable Energy, LLC, for the temporary
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, on the
parcels of land described above, be, and hereby is, granted.
BE IT FURTHER RESOLVED by the Board that approval of said request is conditional
upon a written agreement being executed between Leeward Renewable Energy, LLC, and the
Board of County Commissioners, specifying the form of collateral and other terms for said towers
on the privately -owned parcels described above.
(.)
(te.)
2018-0401
PL0073
REQUEST FOR PLACEMENT OF A TEMPORARY WIND MONITORING TOWER, WITH
CONDITIONS — LEEWARD RENEWABLE ENERGY, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of February, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dattAtiv jp,vi
Weld County Clerk to the Board
Steve Moreno, Chair
rbara Kirkmeyer Pro-Tem
BY:
Deputy Clerk to the :,•�E �'` ' s= ��� ��
AP . •WED
ou Attorney
Mike Freeman
Date of signature: 0,2` 420-18
Sean P. Conway
O
zad
2018-0401
PL0073
MEMORANDUM
TO: Board of County Commissioners
DATE: January 29, 2018
FROM: Chris Gathman
SUBJECT: Request for three (3) Temporary Wind Monitoring Towers
Request: Leeward Renewable Energy is requesting three (3) Temporary Wind Monitoring
Towers on three (3) separate parcels of land to measure wind. The applicant wishes to apply for
a wind farm USR in this area. The applicant is proposing to keep the wind monitoring towers on
site for a period of up to two (2) years.
Staff has reviewed the record for similar requests. In previous instances collateral was required
to address the removal of the tower(s) and reclamation of the property. A similar request for one
(1) wind tower (to be utilized for a period of up to two (2) years as well) was approved in 2010. In
this instance collateral in the amount of $5,000.00 was required.
Location & Ownership: The three proposed locations and property owners are:
Brian and Andrea Kinnison - Located in the NW 1/4 of Section 25, Township 12, Range 60.
Glen Klawonn - Located in the SE 1/4 of Section 21, Township 12N, Range 59.
O&M Harms, LLC - Located in the NE 1/4 of Section 4, Township 11, Range 59.
Staff Recommendation: Consistent with previous tower requests, the Department of Planning
Services recommends approval with the stipulation that collateral in the amount of $5,000.00 be
provided for each tower site for a total of $15,000.00.
2018-0401
Renewable Energy,
John Wycherley
Leeward Renewable Energy, LLC
6688 North Central Expressway, Suite 500
Dallas, 75206
January 2, 2018
Mr. Chris Gathman,
Weld County Planning and Building department,
1555 N 17th Ave,
Greeley, CO 80631
Dear Mr. Chris Gathman,
It was a pleasure to meet with you and the planning team with Weld County in November 2017 to discuss the
Mountain Breeze Wind project.
Please accept this letter as my official request to proceed with the installation of three temporary
meteorological towers to measure the wind in our area of interest. The Meteorological towers will be kept in
place for approximately two years and will measure the wind concurrently with our company applying for a
USR to build the Mountain Breeze Wind Farm.
The three locations identified by our meteorologist and authorized by the landowners under our long-term
lease agreement are as follows;
1. Brian and Andrea Kinnison - Located in the NW 1/4 of Section 25, Township 12, Range 60.
2. Glen Klawonn - Located in the SE 1/4 of Section 21, Township 12N, Range 59.
3. O&M Harms, LLC - Located in the NE 1/4 of Section 4, Township 11, Range 59.
The precise location can be supplied prior to installation or post installation if required. The tower itself is a
60meter single -pole structure with guy wires affixed at six levels on four sides. It can be installed in as little
time as a single day. It is anticipated that all three towers will be installed within one week. The towers are
temporary structures that are currently planned to be in place for 2 years. The tower is designed to withstand
winds of up to 90 miles per hour at 40 meters above ground level. Attached are the technical drawings of the
tower.
I have also included topographic drawings of the three locations with this application.
Thank Yours, Sincerely,
Jona `UIcycPeexeey.
John Wycherley - Snr Director of Development — (339) 927-6963.
6688 North Central Expressway, Suite 500
Dallas, Texas 75206
Phone: 214-515-1100
Fax: 214-515-1158
www.leewardenergy.com
60m XHD with
Standard Footprint
Stamped Drawing
Outer
Diameter
Wail
Thckneex
Description
Meld
Samuel
Breaking
Strength
Corrosion
Protection
1
10 Inch
0,099 Inch
MT 1020
45.0 k8l
N/A
Hot Dlpged
GaNenlred
ASTM 853
254 mm
2,61 mm
-310 SIP.
2
8 lad,
0,086 lob
MT 1020
45.0 Ice
N/A
203 mm
2,41 nee
310 mPa
3
10-8 inch Mom
0,109 hc1_MT
1015
45.0 kal
N/A
254-203 no,,
2,8 mm
310 mPa
4
.025 inch
N/A
7519 Ga/,
N/A
7000 lb
Galvanized
8.35 mm
Aksraf
31.1 kN
0010
A
R.Wr eras area AA .
Added Nab It
0080 rover
1 illy 00/1
M pr 90/e
A Babb
A aooe
Overed erected height
60.28 m
(197'$)
RBOO64004 6/144 momborfaces
NOY*
84mm ( 14x) )06
12.7mm (12x) toe
16 mm (Welke
2$ mm) tee
Imperial
SI
Imperial
Si
imperial
Sf
Imperial
SI
Imperial
SI
10 m(33 feet) wind velocity
(FasMet mite)
111 mph
49.6 Ws
83 mph
37.1 m1.
66 mph
29.5 this
51 mph
22.8 rods
33 Mph
14.8 rota
Top of loam wind v8/odly
)F48leet aide)
143 mph
84,1 ads
107 mph
47.8 min
86 mph
38.1 m/.
68 mph
294 Mtn
43 Mph
19.1 mar
Redlal tcm8dckness
0 M
0 mn,
0.26M
8.35 nth
0.50 in
12.7 mm
0.76 in
19.1 Iran
1.0016
25.4 mm
beer guy anchor face
(angle ban horizontal)
4.2 kLb
23"
18.7 kN
73°
2.4 ktb
22"
10.7k14
32°
22 kLb
n°
9.7 kN
77°
2.1 kLb
70°
9,3 kN
70°
2.1 kLb
18°
92 kN
18°
Middle guy enhxa torte
tangle kern h4ri50pt0)
3.5ItLb
37°
15.7 kN
37°
2.41/Lb
36°
10.8 kN
39°
2.2 kLb
35°
9.7104
25°
2.2 kLb
34°
10,0 kN
34'
22ktb
3?
9.9 kN
32°
Outer goy anchor. face
(tLn8le NO. horizontal)
5.1 kLb
45°
22.7 kN
45°
42 kLb
44°
18.7 kN
44'
3.8 kLb
43°
18.7 kN
43°
3.0 kLb
42°
13.4 kN
42°
26 kLb
40°
11.8 kN
40°
Tower base face (Note K)
(horizontal- during erection)
5.21Lb
23.1 MN
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Tower base force
(verdant)
122 kLb
54.5 IN
18.8 kLb
73.9 kN
18.8 klb
82.8 kN
19.9 kLb
88.5 kN
22.1 klb
982 kN
Erection anther force (Nolo K)
(attic from hi:anne )l
7.2 kLb
44°
32.0 kN
44°
N/A
NIA
N/A
N/A
NIA
N/A
N/A
N/A
M5ldmumguy tension
2.8 MO
12.6 kN
2.4 kt.b
10.7 kN
22 kLb
9,8 kN
1.7110
7.5 kN
1.5 Kb
8.9 kN
Maximum tower tube stress
)compression)
15.1 kid
104 MPa
11.5 lest
79 MPe
11.0 kat
78 MPs
8.9 kal
62 MPe
8.3 k8
58 MP.
Maximum tower tube stress
(tension)
13.9 ka1
95.8 MPe
6.2 kW
43 MPa
4.1 kai
29 MPe
2.6 Ire
18 MP.
1,1 kai
7MP.
Maximum tower tube
moment
76 in-kLb
8.41s4.m
37 in4/Lb
4.2 kN-m
281n4 Lb
3.2 kN.m
19 in-1/Lb
221/N -m
9.9 In-1/Lb
1,1 kN-m
Mexlmom tower tube
axial led
12.2 kLB
54.4 kN
16.8 kLB
73.9 kN
18.0 kLB
82.8 kN
19.9 kLB
683 kN
22.11d-8
98.1 /N
Maximum top deflection
32 Inches
812 ran
28 inches
867 mm
23 Manes
582 mm
12 tches
312 mm
6 inches
153 mm
' lddel9uy Mn8loa
0.18 kLb
0,8 kN
0.18 kLb
0.8 kN
0.181/3
0.8 kN
0.18 kLb
0.8M4
0.18 Mb
0.8 kN
15,9m)40.6000
Waece wear s4.s
005 (131 lea) level guy 10405 _
m (146 rep) t.ddle.guy maw _
10010 (184 feel) Wet pry Wk. _
58.38 m
(184'-10')
Erected height
46.57 /n
• (157-')
p Eroded height
38.7401
(127-1-)
Erected height
30.92 in
1101'-0/1
Erected Might
23.11 in
(75'-10")
61.1204 height
• g
11.8,,
• (38'-7")
Erected height
Nan
A) Wnd faces end allowable member fowls are calculated using ANSI TIAIEIA-222-F, (1996),-Stru0beel Standards for Steel Antenna Towere and Antenna Supporting Slmduraae,
8) Wind .peedo are What mile wfnd vekdty per EIA-222-F. EtA-222-F wind loading coel0/sns: 01.149, CI.1.0, o x2/7.
C) Fastest nets (fth) whld speed can be convened to en approximate three second (3sec) wind speed Laing Me equation:
V(35ec) 01.22 V(bn) for V(fm) 0100 nmp11
D) Guy joke efficiency . 0.9 end the guy safety factor la greater flan or tome lo 2.0.
E) An ANSY8 large daflealon FEA model using berm (Meal 6) end lrnelon (Ltk10) element. with dletrlboted wind toed wee treed t gactMte member lace. end reactions,
F) Tower e10wette ekes, flexion per American Insleu/0 of Sleet ConWuclkin (AMC) ;"Allowable Seem atlgn°, 9111 Ed, 1889. Chep/er H, equations 91-1, 111-2
0) This tower dealpn meet. the W1lcorel requirements of EL.. -222-F, maions 12.3,6,8 for the given loading condition. TN. tinalyala dose not poly to Ei/v222.P ra0iars 7,11,12.13.
H) Found.50n dation must be rxp.ldered separately and la notepad of this mnysle. Foundation dated. must be approved for the specific application and she bye goeldlod prollsY:m/d.
I) A Murky quadded pmfedonel mull 4.4.550e the applicability of Ma analyst. for the expeudd site conditions. 0/1. to the lack. of Involvement in the eking or construction plasm of the product at a
specific /00sdon, liability is strictly eroded to issue. edoIng from negligence or willful mbconduot by NRG or the professional engineer oomptoting tNe enaty.I. No warranty, impressed or enrolled, is
med. concerning the sotobldy of this product fore given application or location.
J) Ginn dtmeneimre are nominal. Actual dimensions may very.
K) Erection forces are el zero wind peed and do not kdude any tower appurtenance..
UNb notation
mm- Millimeter.
m . Meters
5/0 - Meters per second
kN - 1,000 Newtons
sPs • 1,000,000 Pace'.
lib • 1,000 US pounds
lea- 1,000 USpouedepakrh'
mph - Imes Per hots
0 - Diameter
1q04N�/18�000rr.99/699950 SPEWED
WSSIANOEi MG Es
MAMA'S O 00840 11/1NE9
0 t .030
t 1/18 Jo! ! .016 t 1'
.apt t .016
00 NOT SCALE ORATING
AIKAIOATICN
Meow(
KAM
INE Meow(551 5
14POMOaDe
avo0010 0 ierr /0(sr 0/990 /®
MED %MOUT PE WADS
Pf.A OO a IMO 00IMI'
NRG SYSTEMS INC
110 RIGGS RD, HINESBUR6, VT., 05481
APPROVALS
DATE
UMNI
DIR
94/27/47
01/0/07
1 0 80(50)mHD_BOm with Large Footprint
254, 203 mm
(10.0, 8.0 inch) diameter tube
ago APB
B
N 4344
B
`"a NTS I"rr1 of
66
NRG 60m and 50m XHD TallTower Installation Manual_and_Specifications_Rev_3.0.docx
9 December 2011
4311287 Pages: 1 of 7
08/19/2017 01:56 PM R Fee:$43.00
Carly KoPPes, Clerk and Recorder, Weld County, CO
Ell Ib•L'a"1111
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Leeward Renewable Energy, LLC
6688 N. Central Expressway, Ste. 500
Dallas, TX 75206
C 04,2
(Space above this line for Recorder's use only)
SHORT FORM AGREEMENT OF LAND LEASE AND WIND EASEMENT
AND SOLAR OPTION AND PURCHASE OPTION
THIS SHORT FORM AGREEMENT OF LAND LEASE AND WIND
EASEMENT AND SOLAR OPTION AND PURCHASE OPTION (`'Short Form") is
made and entered on V1/\ cAy -. 3 20 by and between O&M Harms, LLC, a
Colorado limited liability / company whose residence/mailing address is
16'9 C R 11/ ("Lessor") and Leeward Renewable Energy Development, LLC.
a Delaware limited liability company. whose address is 6688 Central Expressway,
Suite 500, Dallas, Texas 75206 ("Lessee") (Lessor and Lessee the "Parties" and each.
a "Party"), and provides as follows:
WITNESSETH
The Parties agree:
1, The Parties have entered into a Land Lease and Wind Easement
("Lease") dated j Gk. 20/'7 The Lease grants Lessee exclusive rights in and
to certain land more p icularly described in the attached Exhibit A ("Premises"). The
Lease also restricts certain uses of and grants certain interests in and to the Premises.
2. Generally, the Lease: (a) concerns the development of wind energy
project(s) by Lessee involving the Premises; (b) grants Lessee easements, leases, and
other rights related to the Premises; and, (c) limits, prohibits. and restricts other
development or usc(s) of the Premises that interfere with the rights granted Lessee by
the Lease.
3. The Lease consists of two periods — a "Development Term" and an
"Operations Term" (together the "Term").
The Development Term is seven (7) years from the dale of the Lease.
The Operations Term starts on the Commercial Operations Date and continues
until the date that is forty (40) years after this date. "Commercial Operations Date"
means the earlier of the first day all Wind Turbines in the project of which the
EKED- Short Form Land Lease and Wind Easement and Solar Option and Purchase Option —
CONFIDENTIAL
Page 1 of 7
4311287 Pages: 3 of 7
06/19/2017 01:58 P11 R Fee: $43.00
Carly Koppes, Clerk and Recorder, Weld County, CO
ill#MOIG010111 .Iihi1 lM4141+h41 111111
7. Under the Lease, Lessor granted Lessee an exclusive irrevocable option,
for fifteen (15) years after the date of this Lease, to purchase up to twenty (20)
contiguous acres of the Premises ("Option Property"). If exercised, Lessor also would
grant Lessee a perpetual appurtenant access easement for egress and ingress to the
Option Property.
8. The Lease runs with the Premises and includes a quiet enjoyment clause.
9. The Lease includes broad assignment and finance -related provisions in
favor of Lessee, including: (a) the right of Lessee and its assignees to assign (including
by assignment or sublease) all or part of their rights under the Lease and/or the Wind
Facilities, including for collateral security purposes: (b) the right of Lessee or its
assignees to mortgage all or any part of their interest in the Lease; (c) the obligation
of Lessor to give Lessee and its Lenders (which are Lessee's collateral assignees)
notice of defaults: (d) the right of Lenders or assignees to exercise Lessee's rights
under the Lease and/or take title to the Lease. Wind Facilities, and/or Lessee's rights
under the Lease (but as provided for in the Lease Lenders have no obligations under
the Lease unless and until they hold a direct interest in the Lease); (c) limited bases
for termination (i.e. only in the case of uncured monetary defaults and after expiration
of all applicable cure periods); (f) cure rights in favor of Lessee and Lenders and
separate cure periods for Lessee and Lenders; (f) restrictions on Lease amendments if
Lessee's interests in the Lease have been mortgaged; and, (g) the obligation of Lessor
to execute a new lease if the Lease is terminated.
10. The conditions, covenants, definitions (including the definition of
capitalized terms not defined in this Short Form), limitations, restrictions. and terms
governing the encumbrances imposed on the Premises, restrictions on use of the
Premises, and rights granted in and to the Premises are set forth in the Lease. Without
limitation, and except as expressly authorized by the Lease, these include Lessor's
covenant to not grant any third party any rights to evaluate or develop the Premises.
Also, the Lease specifies limitations, requirements, and/or restrictions, on: (a) the
conveyance and development of mineral rights associated with the Premises; (b)
interference with the project and/or with the rights granted in the Lease; and/or. (c)
`severance" of wind rights associated with the Premises or revenue related to the
Lease.
l 1. Also by the Lease Lessor covenants: (a) to cooperate with Lessee to
obtain a non -disturbance and subordination agreement from each holder of an interest
in the Premises; (b) to amend the Lease as Lessee may request in connection with its
financing; and. (c) to execute consents. estoppel certificates, or other documents as
Lessee may request from time -to -time. The Lease also restricts Lessor's right to
transfer its payments or rights under the Lease.
LRCM Short Form Land Lease and Wind Easement and Solar Option and Purchase Option —
CONFIDENTiAL
Page 3 of 7
• 4311287 Pages: 5 of 7
08/1{9/2017 WAN?
PM R`Fee�: $43.00
Carly Koppee,
tTl''�I i�T J Clerk llll 11r7 k1�1 ��County,C0
��+4M��lii��ls /I II1
SIGNATURE PAGE TO
SHORT FORM AGREEMENT OF LAND LEASE AND WIND EASEMENT
AND SOLAR OPTION AND PURCHASE OPTION
IN WITNESS WHEREOF. the Parties have executed this SHORT FORM
AGREEMENT OF LAND LEASE AND WIND EASEMENT AND SOLAR
OPTION AND PURCHASE OPTION as of the date set forth above.
LESSOR: O&M HARMS, LLC
By: tsl U.►') ivJO
Name: t---CC.j/L6
Title: Vic.4 P e
STATE OF(cta
COUNTY OF D
}
)ss.
On 20 11, before mc, the undersigned, a Notary Public in and for
said Coun , and State. personally appeared tikj I -1O12 pc.personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
names) is/arc subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the within instrument.
ESS my hand and official seal.
Notary Pub
Commission Expires: •Z, • Li
BOBBY J HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054007656
MY COMMISSION EXPIRES FEBRUARY 27, 2021
LRED- Short. Form Land Lease and Wind Easement and Solar Option and Purchase Option —
CONFIDENTIAL
Page 5 of 7
4311287 Pages: 6 of 7
06/19/2017 01:56 PM R Fee:$43,00
Carly Koppes, Clerk and Recorder, Weld County, CO
■iii �� kt� iR>fi'rrit1' ��'i�s «�� II III
SIGNATURE PAGE TO
SHORT FORM AGREEMENT OF LAND LEASE AND WIND EASEMENT
AND SOLAR OPTION AND PURCHASE OPTION
PURCHASE OPTION
IN WITNESS WHEREOF, the Parties have executed this SHORT FORM
AGREEMENT OF LAND LEASE AND WIND EASEMENT AND SOLAR
OPTION AND PURCHASE OPTION as of the date set forth above.
LESSEE: LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC
By:
Name:
Title:
ACKNOWLEDGEMENT
STATE OF—i"eyok )
)ss.
COUNTY OF {')..Avac )
On , e 5 , ?Q 11, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared, & AtiLt personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the within instrument
WITNESS my hand and official seal.
Notar
Commission Expires: 5/ I�
KORY A. EENTON
Notary Public, State of Texas
Comm EKpires 05-17-2020
Notary 1D 1264031 86
LRED- Short Form Land (.ease and Wind Easement and Solar Option and Purchase Option --
CONFIDENTIAL
Page 6 of 7
4311287 Pegs: 7 of 7
06/19/2017 01:56 PM R Fee:$43.00
Carly Koapes, Clerk and Recorder, Weld County, CO
■111K1MJ1CIMV IIILI IL:N f IA Bill
EXHIBIT A TO
SHORT FORM OF LAND LEASE AND WIND EASEMENT
AND SOLAR OPTION AND PURCHASE OPTION
DESCRIPTION OF THE LAND
THAT CERTAIN REAL PROPERTY LOCATED IN WELD COUNTY,
COLORADO
The NE 1/4 of Section 5, Township 11 North, Range 59 West of the 6th P.M.,
County of Weld, State of Colorado.
AND
The NEI/4 of Section 7, Township II North, Range 59 West of the 6th P.M,.
County of Weld, State of Colorado.
AND
The NW 1/4 of Section 3, Township 11 North, Range 59 West of the 6th P.M.,
County of Weld, State of Colorado.
AND
All of Section 4, Township 1 I North, Range 59 West of the 6th P.M..
County of Weld. State of Colorado.
AND
The E 1/2 of Section 8, Township I 1 North, Range 59 West of the 6th P.M.,
County of Weld. State of Colorado.
AND
A II 100 feet North of the Southern boundary of the W1/2 of Section 8, Township 1 I North, Range 59
West of the 6th P.M., County of Weld. State of Colorado.
LRED- Short Form Land Lease and Mind Easement and Solar Option and Purchase Option --
CONFIDENTIAL
Page 7 of 7
•
•; vr \IN $ °t %
i
.• to
Lth%Yn . .'c;•
I
I
i
I
I
RIESZ
��_X^��:, •: .1L`.. .}•.. S:.�xa;°"�n:";'tn':�'4S Y;.. Cl' MS ":R
41;4`". • n... ::y?,;„%:Tai.'(%L.••••1,,:p Ce•RXE-.,,ISNWA,CQ,5}L. 1Z.C''
4355166 Pages: 1 of 6
11/27/2017 10:58 AM R Fee:$38.00
Carly Koppes, Clerk and Recorder, Weld County, CO
�III1er1MI iI y'IWi't hYJJ M.11111 N4+h4'4Y 4 11111
p
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
leeward Renewable Energy, LLC
6688 N. Central Expressway, Ste. 500
Dallas, ] X 1,zu6
(Space above this line for Recorder's use only)
SHORT FORM AGREEMENT OF LAND LEASE AND WIND EASEMENT
THIS SHORT FORM AGREEMENT OF LAND EASE AND WIND
EASEMENT ("Short Form") is made and entered on !!3 2 7 , 20/ 7, by and
between Andrea Kinnison and Brian Kinnison whose residence/mailing address is
7( V)C,?112 aliVir O ` Z (collectively, "Lessor"), and Leeward
Renewable Energy Development, LLC, a Delaware limited liability company, whose
address is 6688 Central Expressway, Suite 500, Dallas, Texas 75206 ("Lessee")
(Lessor and Lessee the "Parties" and each a "Party"), and provides as follows:
WITNESSETH
The Parties agree:
I. The Parties have entered into a Land Lease and Wind Easement
("Lease") dated JQ- 7- , 20)1 The Lease grants Lessee exclusive rights in and
to certain land more particularly described in the attached Exhibit A ("Premises"). The
Lease also restricts certain uses of and grants certain interests in and to the Premises.
2. Generally, the Lease: (a) concerns the development of wind energy
project(s) by Lessee involving the Premises; (b) grants Lessee easements, leases, and
other rights related to the Premises; and, (c) limits, prohibits, and restricts other
development or use(s) of the Premises that interfere with the rights granted Lessee by
the Lease.
3. The Lease consists of two periods — a "Development Term" and an
"Operations Term" (together the "Term").
The Development Term is seven (7) years from the date of the Lease.
The Operations Term starts on the Commercial Operations Date and continues
until the date that is forty (40) years after this date. "Commercial Operations Date"
means the earlier of the first day all Wind Turbines in the project of which the
Premises is a part deliver electricity in commercial quantities or the date set
forth as the Commercial Operations Date in a notice from Lessee to Lessor.
LRED-Land Lease and Wind Easement -- CONFIDENTIAL
Page 1 of 6
-
o a
t3
.60
CS03
(et%4
4. aLLa.
o
cvap_
UI
too34
ton t•
at
a r
as
W is a
N Z'ig
�w�
er -. U
4. By the Lease, Lessor grants Lessee certain exclusive and non-exclusive
rights. Lessor leases exclusively to Lessee and Lessee leases from Lessor the
Premises for the sole purposes of, all as Lessee determines in its sole discretion are
necessary: (a) constructing, installing, operating and maintaining wind energy
conversion turbines (the "Wind Turbine(s)"), wind resource and weather
measurement equipment, laydown and staging areas, operations and maintenance
buildings, fences, substations, supporting structures, foundations and pads,
footings, electrical transformers, fixtures, and storage equipment, electric
collection and distribution and transmission lines, access roads, interconnection
and switching facilities and related facilities and equipment (hereinafter "Wind
Facilities") on the Premises; and, (b) performing actions, studies, and tests related to
the evaluation and investigation by Lessee of the suitability of the Premises for these
purposes, including inspecting and surveying the Premises, performing
archaeological, avian, bat, geologic, and soils studies and tests, performing electrical
interconnection and transmission studies and tests, and performing environmental and
wildlife inspections, studies, and surveys. Lessor consents to Lessee's location of the
Wind Facilities at any location on or off the Premises, including at or near property
lines. Also, the Lease grants Lessee the right to obtain a setback waiver from Lessor
if the Lease is teLluinated as of the Commercial Operations Date. Further, the Lease
requires Lessor to grant for the Term separate easements, leases, licenses, privileges,
or other rights in or to the Premises, including for access and transmission purposes
and even if the remainder of the Lease is terminated.
5. The Lease also, among other things: (a) limits Lessor's use of the
Premises during the Term; (b) requires Lessor to grant such further easements for
access and utility purposes as Lessee may require; (c) prohibits any activities, whether
on or off the Premises, that interfere with the project, including with the flow of wind
on the Premises; (d) includes an express grant of a wind easement; (e) includes a
requirement that Lessor divide the Premises into multiple separate leases for separate
projects if requested to do so by Lessee; (0 includes a waiver by Lessor of any interest
in the Wind Facilities, including any potential lien rights; (g) addresses the rights of
the parties in the case of a condemnation of all or part of the Premises; (h) authorizes
Lessee to satisfy Lessor's obligations that may become a lien or encumbrance on the
Premises or Wind. Facilities; and, (i) includes limited remedies and prohibits certain
remedies.
6. The Lease runs with the Premises and includes a quiet enjoyment clause.
7. The Lease includes broad assignment and finance -related provisions in
favor of Lessee, including: (a) the right of Lessee and its assignees to assign (including
by assignment or sublease) all or part of their rights under the Lease and/or the Wind
Facilities, including for collateral security purposes; (b) the right of Lessee or its
assignees to mortgage all or any part of their interest in the Lease; (c) the obligation
of Lessor to give Lessee and its Lenders (which are Lessee's collateral assignees)
notice of defaults; (d) the right of Lenders or assignees to exercise Lessee's rights
under the Lease and/or take title to the Lease, Wind Facilities, and/or Lessee's rights
under the Lease (but as provided for in the Lease Lenders have no obligations under
LRED-Land Lease and Wind Easement -- CONFIDENTIAL
Page 2 of 6
a0• 3
W
4, V
om,
mil- 8
t*7
ova
ide0Y
GU
the Lease unless and until they hold a direct interest in the Lease); (e) limited bases
for termination (i.e. only in the case of uncured monetary defaults and after expiration
of all applicable cure periods); (f) cure rights in favor of Lessee and Lenders and
separate cure periods for Lessee and Lenders; (f) restrictions on Lease amendments if
Lessee's interests in the Lease have been mortgaged; and, (g) the obligation of Lessor
to execute a new lease if the Lease is terminated.
8. The conditions, covenants, definitions (including the definition of
capitalized terms not defined in this Short Form), limitations, restrictions, and terms
governing the encumbrances imposed on the Premises, restrictions on use of the
Premises, and rights granted in and to the Premises are set forth in the Lease. Without
limitation, and except as expressly authorized by the Lease, these include Lessor's
covenant to not grant any third party any rights to evaluate or develop the Premises.
Also, the Lease specifies limitations, requirements, and/or restrictions, on: (a) the
conveyance and development of mineral rights associated with the Premises; (b)
interference with the project and/or with the rights granted in the Lease; and/or, (c)
"severance" of wind rights associated with the Premises or revenue related to the
Lease.
9. Also by the Lease Lessor covenants: (a) to cooperate with Lessee to
obtain a non -disturbance and subordination agreement from each holder of an interest
in the Premises; (b) to amend the Lease as Lessee may request in connection with its
financing; and, (c) to execute consents, estoppel certificates, or other documents as
Lessee may request from time -to -time. The Lease also restricts Lessor's right to
transfer its payments or rights under the Lease.
10. The Parties have executed and recorded this Short Form for the purpose
of giving record notice of the Lease, of the exclusive easements, leases, and rights it
grants, and of certain restrictions it imposes. All of the conditions, covenants, and
terms regarding the Lease are more particularly set forth in the Lease, which is
incorporated by this reference. In the event of any conflict between the conditions and
terms set forth in this Short Form and the conditions and terms set forth in the Lease,
the conditions and terms of the Lease will control and govern. This Short Fonn may
be executed and/or recorded in counterparts.
SIGNATURE PAGES FOLLOW
LRED-Land Lease and Wind Easement — CONFIDENTIAL
Page 3 of 6
SIGNATURE PAGE TO
SHORT FORM AGREEMENT OF LAND LEASE AND WIND EASEMENT
IN WITNESS WHEREOF, the Parties have executed this SHORT FORM
AGREEMENT OF LAND LEASE AND WIND EASEMENT as of the date set forth
above.
LESSOR: ANDREA KINNISON AND BRIAN KINNISON
Ant,rea Kinnison
STATE OF
)ss.
COUNTY OF
On O ri p.lj 20 rj, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared -ndvpc, 14, iut q�) , aopprsonailyknown to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the within instrument..
WITNESS my hand and official seal.
4y 1 -
Notary Public
Commission Expires:
4355166 Pages: 4 of 6
11/27/2017 10:58 AM R Fee:$38.00
Carly Koppes, Clerk and Recorder, Weld County, CO
liiII����Nui�,1�1C4y,f,'�l�kh�44hl�,l'��ff�ih IIIII
LRED-Land Lease and Wind Easement -- CONFIDENTIAL
Page 4 of 6
SIGNATURE PAGE TO
SHORT FORM AGREEMENT OF LAND LEASE AND WIND EASEMENT
IN WITNESS WHEREOF, the Parties have executed this SHORT FORM
AGREEMENT OF LAND LEASE AND WIND EASEMENT as of the date set forth
above.
LESSEE: LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC
By:
Name: , ,.,,,rf1) f'fac-.
Title: U . CA APr,73,�
STATE OF I flXA5
COUNTY OF NAAS
ACKNOWLEDGEMENT
)ss.
On OCkD v ` , 2017, before me, the undersigned, a Notary Public in and for said
County and State, personally appeareda,y,,.t /644")„,,,,,y,,,„ personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
Notary Public
Commission Expires: b 5 Ia t`/ dt,al
\```VP11.f, ALEXANDRIA D. PALMER
• .41•6,'-.;
Notary Notary Public, State of Texas
"' �� Comm. Expires 05-24-2021
Notary ID 128579821
4355166 Pages: 5 of 6
11/27/2017 10:58 AM R Fee:$38.00
Carly Koppes. Clerk and Recorder, Weld County. CO
Wit���irs+���4
LRED-Land Lease and Wind Easement -- CONFIDENTIAL
Page 5 of 6
EXHIBIT A TO
SHORT FORM OF LAND LEASE AND WIND EASEMENT
DESCRIPTION OF THE LAND
THAT CERTAIN REAL PROPERTY LOCATED IN
COLORADO
COUNTY,
The W1/2 of Section 25, Township 12 North, Range 60 West of the 6th P.M.,
County of Weld, State of Colorado.
4355186 Pages: 6 of 6
11/27/2017 10:58 AM R Fee:$38,00
Carly Koppes, Clerk and Recorder, Weld County, CO
III 1 rjuur aI VJA#aVr KRIl Yihi III
L.RED-Land Lease and Wind Easement -- CONFIDENTIAL
Page 6of6
4357913 Pages: 1 of 6
12/06/2017 09:23 AM R Fee:$38.00
Carly Kemp's, Clerk and Recorder, Weld County, CO
VIII lJVI1 iMOVI , NMA (AIWA Val lily II III
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Leeward Renewable Energy, LLC
6688 N. Central Expressway, Ste. 500
Valles, TX :286—
I)Ev — M 13L )
(Space above this line for Recorder's use only)
SHORT FORM AGREEMENT OF LAND LEASE AND WIND EASEMENT
THIS SHORT FORM AGREEMENT OF LAND LEASE AND WIND
EASEMENT ("Short Form") is made and entered on Z (1 )00 , 2017, by and
between Glen Klawonn whose residence/mailing address is
. ) O 1j R Enc.- ("Lessor"). and Leeward
Renewable Energy Development, LLC, a Delaware limited liability company, whose
address is 6688 North Central Expressway, Suite 500, Dallas, TX 75206 ("Lessee")
(Lessor and Lessee the "Parties" and each a "Party"), and provides as follows:
WIT NESSETH
The Parties agree:
1. The Parties have entered into a Land Lease and Wind Easement
("Lease") dated 22 ft) nv), 2017. The Lease grants Lessee exclusive rights in
and to certain land more particularly described in the attached Exhibit A
("Premises"). The Lease also restricts certain uses of and grants certain interests in
and to the Premises.
2. Generally, the Lease: (a) concerns the development of wind energy
project(s) by Lessee involving the Premises; (b) grants Lessee easements, leases, and
other rights related to the Premises; and, (c) limits, prohibits, and restricts other
development or use(s) of the Premises that interfere with the rights granted Lessee
by the Lease.
3. The Lease consists of two periods — a "Development Term" and an
"Operations Term" (together the "Tel in").
The Development Term is seven (7) years from the date of the Lease.
The Operations Term starts on the Commercial Operations Date and continues
until the date that is forty (40) years after this date. "Commercial Operations
Date" means the earlier of the first day all Wind. Turbines in the project of
which the Premises is a part deliver electricity in commercial quantities or
LRED- Land Lease and Wind Easement -- CONFIDENTIAL
Page 1 of 6
the date set forth as the Commercial Operations Date in a notice from Lessee
e to Lessor.
4. By the Lease, Lessor grants Lessee certain exclusive and non-exclusive
rights. Lessor leases exclusively to Lessee and Lessee leases from Lessor the
Premises for the sole purposes of, all as Lessee determines in its sole discretion are
ti
necessary: (a) constructing, installing, operating and maintaining wind energy
Goat conversion turbines (the "Wind Turbine(s)"), wind resource and weather
to (6,1 - measurement equipment, laydown and staging areas, operations and maintenance
v11-Qe buildings, fences, supporting structures, foundations and pads, footings, electrical
N0 ill transformers, fixtures, and storage equipment, electric collection and distribution
and transmission lines, access roads, and related facilities and equipment
oQ m —.e, (hereinafter "Wind Facilities") on the Premises; and, (b) performing actions,
d m m 3 studies, and tests related to the evaluation and investigation by Lessee of the
msuitability of the Premises for these purposes, including inspecting and surveying the
r- it! Premises, performing archaeological, avian, bat, geologic, and soils studies and tests,
ANY performing electrical interconnection and transmission studies and tests, and
r-' performing environmental and wildlife inspections, studies, and surveys. Lessor
consents to Lessee's location of the Wind Facilities at any location on or off the
Premises, including at or near property lines. Also, the Lease grants Lessee the right
to obtain a setback waiver from Lessor if the Lease is terminated as of the
Commercial Operations Date. Further, the Lease requires Lessor to grant for the
Term separate easements, leases, licenses, privileges, or other rights in or to the
Premises, including for access and transmission purposes and even if the remainder
of the Lease is terminated.
5. The Lease also, among other things: (a) limits Lessor's use of the
Premises during the Term; (b) requires Lessor to grant such further easements for
access and utility purposes as Lessee may require; (c) prohibits any activities,
whether on or off the Premises, that interfere with the project, including with the
flow of wind on the Premises; (d) includes an express grant of a wind easement; (e)
includes a requirement that Lessor divide the Premises into multiple separate leases
for separate projects if requested to do so by Lessee; (f) includes a waiver by Lessor
of any interest in the Wind Facilities, including any potential lien rights; (g)
addresses the rights of the parties in the case of a condemnation of all or part of the
Premises; (h) authorizes Lessee to satisfy Lessor's obligations that may become a
lien or encumbrance on the Premises or Wind Facilities; and, (i) includes limited
remedies and prohibits certain remedies.
6. The Lease runs with the Premises and includes a quiet enjoyment
clause.
7. The Lease includes broad assignment and finance -related provisions in
favor of Lessee, including: (a) the right of Lessee and its assignees to assign
(including by assignment or sublease) all or part of their rights under the Lease
and/or the Wind Facilities, including for collateral security purposes; (b) the right of
LRED- Land Lease and Wind Easement — CONFIDENTIAL
Page 2 of 6
„z,--
0w
LL qiN
o
(Y)
rya
10ro
a.No--..
m"�
N H}�
me? oo
0)'
—
(9N-
If)N`_
cr".V®
oafe
O
Lessee or its assignees to mortgage all or any part of their interest in the Lease; (c)
the obligation of Lessor to give Lessee and its Lenders (which are Lessee's collateral
assignees) notice of defaults; (d) the right of Lenders or assignees to exercise
Lessee's rights under the Lease and/or take title to the Lease, Wind Facilities, and/or
Lessee's rights under the Lease (but as provided for in the Lease Lenders have no
obligations under the Lease unless and until they hold a direct interest in the Lease);
(e) limited bases for termination (i.e. only in the case of uncured monetary defaults
and after expiration of all applicable cure periods); (0 cure rights in favor of Lessee
and Lenders and separate cure periods for Lessee and Lenders; (f) restrictions on
Lease amendments if Lessee's interests in the Lease have been mortgaged; and, (g)
the obligation of Lessor to execute a new lease if the Lease is terminated.
8. The conditions, covenants, definitions (including the definition of
capitalized terms not defined in this Short Form), limitations, restrictions, and terms
governing the encumbrances imposed on the Premises, restrictions on use of the
Premises, and rights granted in and to the Premises are set forth in the Lease.
Without limitation, and except as expressly authorized by the Lease, these include
Lessor's covenant to not grant any third party any rights to evaluate or develop the
Premises. Also, the Lease specifies limitations, requirements, and/or restrictions, on:
(a) the conveyance and development of mineral rights associated with the Premises;
(b) interference with the project and/or with the rights granted in the Lease; and/or,
(c) "severance" of wind rights associated with the Premises or revenue related to the
Lease.
9. Also by the Lease Lessor covenants: (a) to cooperate with Lessee to
obtain a non -disturbance and subordination agreement from each holder of an
interest in the Premises; (b) to amend the Lease as Lessee may request in connection
with its financing; and, (c) to execute consents, estoppel certificates, or other
documents as Lessee may request from time -to -time. The Lease also restricts
Lessor's right to transfer its payments or rights under the Lease.
10. The Parties have executed and recorded this Short Form for the purpose
of giving record notice of the Lease, of the exclusive easements, leases, and rights it
grants, and of certain restrictions it imposes. All of the conditions, covenants, and
terms regarding the Lease are more particularly set forth in the Lease, which is
incorporated by this reference. In the event of any conflict between the conditions
and terms set forth in this Short Form and the conditions and terms set forth in the
Lease, the conditions and terms of the Lease will control and govern. This Short
Form may be executed and/or recorded in counterparts.
SIGNATURE PAGES FOLLOW
LRED- Land Lease and Wind Easement -- CONFIDENTIAL
Page 3 of 6
2
Vii
S u
v°
maJe
...allm
Al6
OWn-IL
= U
LLU
r4gi
-E c-�-
Cu -
Plea
Csl
Cr) ZS
SIGNATURE PAGE TO
SHORT FORM AGREEMENT OF LAND LEASE AND WIND EASEMENT
IN WITNESS WHEREOF, the Parties have executed this SHORT FORM
AGREEMENT OF LAND LEASE AND WIND EASEMENT as of the date set
forth above.
LESSOR: GLEN KLAWONN
)(Az,
Glen Klawonn.
STATE OF , y A0)
COUNTY OF
C 0 I'-
)ss.
On aLiierAitA 22.- 20 )-7, before me, the undersigned, a Notary Public in and for
said County and. State, personally appeared G1,24) t"1 �G u' ti fl personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
-tit)tary Public
Commission Expires:
. SARAH J CUVERDALE NOTARY PUBLI
STATE O
WYOMING
COUNTY Of
LARAM I E
Y COMMISSION
LRED- Land Lease and Wind Easement -- CONFIDENTIAL
Page 4 of 6
SIGNATURE PAGE TO
IIII
SHORT FORM AGREEMENT OF LAND LEASE AND WIND EASEMENT
as
o
U
r IN WITNESS WHEREOF, the Parties have executed this SHORT FORM
o AGREEMENT OF LAND LEASE AND WIND EASEMENT as of the date set forth
V ac above.
ma*
coax
u w,:N LESSEE: LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC
o v�
LL g=1-,.
ill� By: ^� - �'
NEl' Name: e t,,,, t ,, 1,-, .,-
m¢
to re, Title: ('l,,fii rc" 'ii'
a. —e
y= ACKNOWLEDGEMENT
h. 103
(f).1“.` ACKNOWLEDGEMENT
~• m''7~1)6A-.�
in,...--,....,... STATE OF )
%ill
O
)ss.
COUNTY OF ba C f a,S )
On 46vernhtn 2z , 20 / , before me, the undersigned, a Notary Public in and for said
County and State, personally appeared C. 'L, h "` , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the within instrument.
WITNESS my hand and official se
Notary Public
Commission Expires: D,144, /
..>\1Y FUG,, ALEXANDRIA D. PALMER
? '. Notary Public. State of Texas
Comm. Expires 05-24-2021
Notary ID 128579821
LRED- Land Lease and Wind Easement -- CONFIDENTIAL
Page 5 of 6
EXHIBIT A TO
SHORT FORM OF LAND LEASE AND WIND EASEMENT
a
=ac DESCRIPTION OF THE LAND
-fir
THAT CERTAIN REAL PROPERTY LOCATED IN WELD COUNTY,
V COLORADO
m
ma
fQ 3
t0
o v - Parcel 1:
t°o NW 1/4 of Section 19, Township 12 North, Range 59 West of the 6th P.M.,
-;- County of Weld, State of Colorado.
°' a Parcel 2:
im
® SE1/4 of Section 19, Township 12 North, Range 59 West of the 6th P.M.,
(f County of Weld, State of Colorado.
rm ram
Parcel 3:
Ci r+U.
NE1/4 of Section 19, Township 12 North, Range 59 West of the 6th P.M..
County of Weld, State of Colorado.
Parcel 4:
S1/2 of Section 20, Township 12 North, Range 59 West of the 6th P.M.,
County of Weld, State of Colorado.
Parcel 5:
N1/2 of Section 20, Township 12 North, Range 59 West of the 6th P.M.,
County of Weld, State of Colorado.
Parcel 6:
NW 1/4 of Section 21, Township 12 North, Range 59 West of the 6th P.M.,
County of Weld, State of Colorado.
Parcel 7:
SI/2 /2 of Section 21, Township 12 North, Range 59 West of the 6th P.M.,
County of Weld, State of Colorado.
LRED- Land Lease and Wind Easement — CONFIDENTIAL
Page 6 of 6
rvlbuoAliCA)A, r-Eraw
£Kauok\
in)
7 Pt.'
S..
"1" M4Qf „•�.
! ,i ^4Pk2T61 yb
a .
. a •
:_.
alita
n •n %'_7 ,W,t, ' sus" :7
ofP •F V•• • 9.M@ f..-
• • , •
0
.:t ,d $at:., .
4
Kts•• .:A A0
orto
�Y� ✓kF9,
• r£:
tiy"+�.�
1R
.c�a.•
.y.L rcr iv
IN
Au t'L .:.
n
tosittrittligiOW 41111.14:-
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Esther Gesick
Tuesday, January 23, 2018 3:44 PM
Michelle Martin
Tisa Juanicorena; Chris Gathman
Re: Temporary Wind Monitoring Tower request
Correct and the corresponding USR (if found feasible) will come later.
Esther Gesick
Clerk to the Board
Sent from my iPhone
On Jan 23, 2018, at 1:47 PM, Michelle Martin <mmartin@weldgov.com>wrote:
I thought the last one was a 9:00 am agenda item.
Michelle Martin
Planning Manager
1555 N 17th Ave
Greeley, CO 80631
mmartin@co.weld.co.us
PHONE: (970) 400-3571
FAX: (970) 304-6498
<image001.jpg>
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: Tisa Juanicorena
Sent: Tuesday, January 23, 2018 1:40 PM
To: Michelle Martin <mmartin@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Chris Gathman
<cgath ma n @we ldgov.com>
Subject: RE: Temporary Wind Monitoring Tower request
So is this a 10:00 planning case with an IA/collateral stated as a condition and processed later? Or is this
a 9am planning item?
Tisa itionic n n
Deputy Clerk to the Board
1150 O Street
Greeley, CO 80634
tjuanlcarenaJ weldgov. corn
tjuanicorena@co.weld.co.us
tel: 970.400.4217
<i mage002. j pg>
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: Michelle Martin
Sent: Tuesday, January 23, 2018 1:36 PM
To: Esther Gesick <egesick@weldgov.com>; Chris Gathman <cgathman@weldgov.com>
Cc: Tisa Juanicorena <tjuanicorena@weldgov.com>
Subject: RE: Temporary Wind Monitoring Tower request
I would agree.
I think we should process the proposed wind monitor tower just like the last one which requires them to
post collateral.
Michelle Martin
Planning Manager
1555 N 17th Ave
Greeley, CO 80631
mmartin@co.weld.co.us
PHONE: (970) 400-3571
FAX: (970) 304-6498
<image001.jpg>
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: Esther Gesick
Sent: Sunday, January 21, 2018 8:33 PM
To: Chris Gathman <cgathman@weldgov.com>
Cc: Michelle Martin <mmartin@weldgov.com>; Tisa Juanicorena <tfuanicorena@weldgov.com>
Subject: RE: Temporary Wind Monitoring Tower request
Hi Chris,
I've copied Michelle on this, since she was the case planner on the last one and may be able to provide
some additional background. My first question is whether there will be a separate agreement and
collateral, similar to last time? I believe the collateral was intended to ensure the sites are returned to
their original state, and the agreement was recorded to helped track the timing to ensure the
monitoring towers were removed in preparation for a more permanent use pursuant to a pending
USR. Also, we will probably need a staff memo/recommendation.
2
Thanks,
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758lGreeley, CO 80632
tel: (970) 400-4226
<image003.jpg>
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.
�...1.••••d.J ws ..n+01xn..+wt...rv.nw.u•• ...I..Na...tl.....vw.w.nlantma,..a Ieta.,n+ my1+. wwn'n...n...n.... n..- ••••••.r I.Wro,W% +CI IT. — -.----�nm.r-..'n....... n....yt,V.A11,niI4',M,.aSW.4/r'itM"MCS,".tIMIltla.MwNM11n611uIJn'WMlixtuia111M
From: Chris Gathman
Sent: Sunday, January 21, 2018 11:07 AM
To: Esther Gesick <egesick@weldgov.com>
Subject: Temporary Wind Monitoring Tower request
Esther,
It has been quite a while since we had one of these requests. I attached a request that we did in 2010 as
an example. Let me know if you need anything else or if you have any questions.
Thanks,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue
tel: 970-400-3537
fax: 970-400-4098
<image002.jpg>
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.
3
Hello