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Home My WebLink About20161212 RESOLUTION RE: APPROVE CONTRACT FOR ELECTRIC SERVICES AND AUTHORIZE CHAIR TO SIGN - POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract for Electric Service between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Poudre Valley Rural Electric Association, Inc., commencing April 6, 2016, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Contract for Electric Service between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Poudre Valley Rural Electric Association, Inc., be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of April, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddraf44) ;e1 TPA&&Le-- Mike Freeman, Chair Weld Cou ty Clerk to the B. \ J 4S Se- P. Conway, Pro-T m BY: Deputy Cle to t e ar,��j,, ''•: `' ""'��ji ,/ / arbara Kirkmeyer 7J9 : Julie A. ozad oun Attorney //7 Steve Moreno Date of signature: 7 , c / 2016-1212 S/13/ 1 -1 EG0073 r. ....;,, do. MEMORANDUM Tr f E c = \1 : :°:ri:::: Commissioners GOUN--- T?. FROM: Elizabeth Relford, Transportation Manager SUBJECT: PVREA Agreement— LNG Fuel Site As part of the LNG project, the fueler requires three phase electrical service to operate. In order for PVREA to install this service, they require a contract to pay for the cost of the improvements. These costs will be $49,442.26. Three easements are needed for this project. One on Weld County's property and two on Roadifer's. Staff and PVREA are working with Roadifer, but have not secured the easements for their property at this time. Again, PVREA will not begin work without the agreement and easements. Once they have these, it will take PVREA approximately 6-8 weeks to complete. I am available at your convenience to further discuss this matter. 0 0 0 I I 0 I I I 0 2016-1212 I di BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: PVREA Agreement—LNG Site DEPARTMENT: PUBLIC WORKS DATE: 3/31/2016 PERSON(S) REQUESTING: Elizabeth Relford Brief description of the problem/issue: As part of the LNG project,the fueler requires three phase electrical service to operate. In order for PVREA to install this service,they require a contract to pay for the cost of the improvements. These costs will be $49,442.26. PVREA cannot start these improvements without a signed agreement. Therefore, staff recommends placing on the next available BOCC agenda. It will take PVREA approximately 6-8 weeks to complete. Recommendation to the Board: Public Works recommends approval of the agreement and placing on the next available BOCC agenda. Approve Schedule Recommendation Work Session Comments Mike Freeman, Chair roe Sean P. Conway, Pro Tem Julie A. Cozad Barbara Kirkmeyer Steve Moreno Avl T1EA] March 31, 2016 Weld County LNG Site 1150 O St. Greeley, CO 80631 RE: WORK ORDER#160322 Attn. Elizabeth Relford: Enclosed is a Contract for Electric Service and Right-of-Way Easements for your LNG site at 1755 Holly Avenue. Please sign and complete the contract and easements where indicated with an "X" circled in red. Return the signed copy of the contract and easement to Poudre Valley REA and retain one copy for your records. It is necessary to have the easement notarized. Please include your construction deposit in the amount of $49,442.26. The work order will be released for construction after all construction costs are paid and signed paperwork has been returned to Poudre Valley REA. For questions regarding scheduling, contact our operations department after the work order is released. Poudre Valley REA needs access to its electric meter, underground cables, poles or transformers. If you add a fence, locked gate(s) or landscaping, it should not prevent an employee from gaining access for meter reading or maintenance. You will be billed a nonrefundable membership fee/connect fee approximately ten (10) days after the service is installed. If you have not had a previous account with Poudre Valley REA,you may be billed a deposit depending on your credit rating. Your$67.50 monthly minimum will begin thirty(30) days after the facilities are installed,or when the meter is set. The person(s)signing any contract(s) and or easement(s)grants to the Association the right to ingress and egress for meter readers, tree trimmers, engineers, line personnel, or any agents of the Association for the purpose of reading meters, engineering services, line repair, maintenance, tree trimming, and/or right-of-way clearing as deemed necessary by the Association. Please note the location of our stakes and advise Poudre Valley REA of any underground obstructions. If you have any questions, please have your Work Order#160322 available when calling our office. All prices and policies are valid for ninety (90) days. Sincerely, Distribution Designer Poudre Valley Rural Electric Association • 7649 REA Parkway• Fort Collins• Colorado •80528 •970-226-1234 P.O. Box 272550, Fort Collins, CO 80527-2550 • www.pvrea.com • pvrea@pvrea.com Your Touchstone Energy"Cooperative 4r7.4* PoudreIN (970) 226-1234 • (800)432-1012 7649 REA Parkway Val ley P.O. Box 272550 Fort Collins, Colorado 80527-2550 CONTRACT FOR ELECTRIC SERVICE The undersigned (hereinafter called the "Applicant" ) hereby applies for electric service from Poudre Valley Rural Electric Association, Inc. (hereinafter called the "Association" ) upon the following terms and conditions: 1. GENERAL a. The Applicant will, when electric energy becomes available, purchase from the Association all electric energy used on the premises described below and will pay for at the applicable rates and terms in accordance with the "Schedule of Rates for Electricity and Rules and Regulations" (hereinafter called the Rules and Regulations) as may from time to time be established by the Association. This contract shall continue in force for a minimum number of years as specified in paragraph 4 (c) below from the date service is made available hereunder and said contract shall be automatically renewed on a yearly basis until cancelled by at least thirty (30) days written notice given by either party to the other, at the addresses specified herein. b. The minimum monthly or annual charge for electric service, regardless of the kilowatt hours consumed, shall be the higher of the following charges: 1 ) The minimum specified in the applicable rate schedule. 2) The transformer charge specified in the applicable rate schedule. No agent or representative of the Association has the power to amend, modify, alter, or waive any of the provisions of the terms of this contract. Any promises, agreements, or representations made by any agent or representative of the Association not herein set forth shall be void and of no effect. c. Acceptance of this contract by the Association shall constitute a binding agreement between the Applicant and the Association. This contract will not alter the terms of any other contract between the Applicant and the Association. 2. RESPONSIBILITY a. The Applicant will comply with the Rules and Regulations of the Association. b. Failure on the part of the Applicant to accept service from the Association or to comply with the Rules and Regulations of the Association, or to perform under the terms and conditions of this contract, shall not relieve the Applicant from making all the payments and performing all the conditions set forth in this contract. In the event the applicant becomes delinquent in any payments, the applicant will forfeit all construction deposits therefore made, and the Association shall have the option to declare all of the remainder of the payments due under this contract immediately due and payable. The Association, at its option and without further notice, may remove all or part of the facilities. c. The Association may record this instrument in the office of the County Clerk and Recorder in the County in which the real estate is situated. d. This contract shall be binding upon the successors, legal representatives, heirs, devisees, and assigns of the respective parties hereto. e. The Association shall use reasonable diligence to provide the Applicant with a constant and uninterrupted supply of electric power and energy; but if such supply shall fail or be interrupted or become defective through acts of God, or the public enemy, or by accident, strikes, labor troubles, or by action of elements or inability to secure rights-of-way, or other permits needed, or any other cause beyond reasonable control of the Association, the Association shall not be liable therefor. 3. RIGHTS-OF-WAY a. The Applicant hereby grants and conveys unto the Association the right, privilege, and easement to construct, operate, and maintain the facilities together with right of ingress and egress, including the installation of Association owned locks and/or lock boxes, etc., as may be necessary to extend, maintain, and operate this service. b. The Applicant hereby gives to the Association without cost or expense, the further right and privilege to cut and trim any trees or shrubbery near said overhead lines of the Association, so that adequate and proper service may be extended hereunder. c. The Applicant further agrees to assist in obtaining needed rights-of-way that may be required to provide service hereunder. d. The Applicant acknowledges that he/she has been instructed to disclose locations of underground obstructions. The Applicant agrees to indemnify the Association against loss or damage to underground property of the Applicant or to underground property of others on the Applicant's property. The Association will use reasonable care in locating and digging holes or trenches for poles, anchors, or under-ground service but will not be responsible for damage to sewers, water lines, or other underground facilities if the exact location of such underground property cannot be determined before construction begins. 4. CONTRACT PROVISIONS a. Service will be rendered at the Association's standard voltage. The Association' s meter shall constitute the point of delivery to the Applicant and the Applicant will own and maintain all poles, wires, equipment, and other facilities beyond the point of delivery. b. Service to be furnished under this contract is to be delivered at a mutually agreed point on the Applicant' s premises described below: Legal Description: Located in: Quarter of Section: 11 Township: 5 N. Range: 65 W, of 6t P.M. in the County of WELD Location No. : SERVICE ADDRESS: 1755 HOLLY AVENUE, 80631 FURTHER DESCRIBED AS: 277/480 VOLT 3 PHASE SERVICE c. This contract shall continue in force for a minimum of ten years from the date service is made available. Contract Expiration Date: d. Rate Schedule: LP Type of Service: Permanent ( ) Indeterminate ( X) Temporary ( ) Addendum for Extension Single Phase ( ) Three Phase (X) Overhead ( ) Underground (X) Maximum KVA 45 Horsepower W.O. No. : 160322 Engineer: CS Purchase of Power: ROW Easement: THREE Minimum: $67.50/Month e. The Association hereby acknowledges receipt of the following consideration paid by the Applicant in accordance with the applicable Rules and Regulations: 252.20 Ledger Acct. No. Amount Due: $ 49,442.26 Refundable Yes ( ) No (X) Ledger Acct. No. Amount Due: $ Refundable Yes ( ) No ( ) Conditions: PLEASE NOTE THE LOCATION OF OUR STAKES AND ADVISE POUDRE VALLEY REA OF ANY UNDERGROUND OBSTRUCTIONS. THE APPLICANT WILL PAY THE TOTAL COST OF THE FACILITIES, NOT TO EXCEED $49,442.26. Owner WELD COUNTY LNG SITE Date X APPLICANT( S ) (X) Yes ( ) No Date X April 6 , 2016 © MAIAtagas, _ Title XHome Phone Number SIGNATURE(S) Chair 0 Mike Freeman Title X Cell Phone Number ADDRESS 1150 O STREET Work Phone Number CITY-STATE-ZIP GREELEY, CO 80631 (970) 304-6496 I ACKNOWLEDGE THAT I HAVE RECEIVED A COPY OF THIS DOCUMENT Accepted by POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC . Signature3 Date 04 / 06 / 2016 By Date Document2 //__ 020J�/6 ' 42/0Z. 5G0073 ACCOUNT SET-UP FORM 7649 REA Parkway ( poudre R P.O.Box 272550 Valley EA Fort Collins,Colorado 80527-2550 (970)226-1234 . 1-800-432-1012 Your Touchstone Energy Partner 7(rok Dear Consumer: Due to new identity theft rules and regulations mandated by the Federal Trade Commission, Poudre Valley REA must verify the identity of any new account holder. To meet this requirement, new consumers are being asked to provide Poudre Valley REA with their Social Security Number (SSN). If you choose not to provide Poudre Valley REA your SSN, you will be required to provide a valid identification in our office prior to service being connected. Poudre Valley REA has been, and continues to be serious about protecting the identity of our consumers. We have drafted new policies and procedures to ensure we have adequate protection methods in place. Included with the policy for identity protection is a credit check. This check will help determine if you will be required to pay a deposit and the deposit amount. As part of our identity protection program,this form will be destroyed once we verify your Social Security Number. Please return completed form within 10 days to ensure service connection. (PLEASE PRINT INFO BELOW) Date: 4/6/2016 Name(As you would like it to appear on account): Weld County LNG Site SSN or Federal Tax ID: 84 - 6000 - 813 Mailing Address: 1150 0 Street City,State,Zip Greeley',_ CO 80631 Home Telephone Number: (970)304-6496 Cell Telephone Number: Work Telephone Number: E-Mail Address: erelford@weldgov.com (Elizabeth''_Rlford) Service Address: City,State,Zip Additional Name On Account(If needed): Mailing Address: City,State,Zip Home Telephone Number: Cell Telephone Number: Work Telephone Number: E-Mail Address: POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC. RIGHT-OF-WAY EASEMENT-UNDERGROUND KNOW ALL MEN BY THESE PRESENTS,that WELD COUNTY [PRINT FULL NAME(S)(SINGLE,JOINT,PARTNERSHIP,CORPORATION,INCORPORATED ASSOCIATION,OWNER)] is(are)the owner(s)of record[collectively"Grantor"]and for a good and valuable consideration,the receipt of which is hereby acknowledged,do(es) hereby grant unto Poudre Valley Rural Electric Association,Inc.,("Association")a Colorado nonprofit cooperative corporation,whose post office address is Fort Collins,Colorado,and to its successors and assigns,a non-exclusive perpetual right-of-way and easement,subject to the specific terms and conditions below,upon these particularly described lands of the Grantor["Easement Area"]: A UTILITY EASEMENT 10 (TEN) FEET WIDE, 5 (FIVE) FEET EACH SIDE OF POWER LINE CENTER AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER#160322 0 Account No.R6786790, County WELD. Township 5 N, Range 65 W, Section 11 for the purposes of constructing,reconstructing,inspecting,upgrading,increasing voltage or line capacity,modifying,operating,repairing,maintaining, and extending from time to time an underground electric line or system[including without limitation any communications facilities],including,but not limited to above and below ground fixtures,structures,conductors,cables,wires,arrestors,footings,conduits,above and below ground vaults,above and below ground transformers,above and below ground pads,and above and below ground enclosures[collectively"Facilities"],on,over or under the Easement Area.Grantor,and Grantor's heirs,successors,personal representatives and assigns,also grants to the Association the following rights and Grantor,and Grantor's heirs,successors,personal representatives and assigns,agrees to the following provisions: A. For the purposes of cutting,mowing,trimming,or controlling by chemical means,from time to time,trees,bushes and shrubbery located within the Easement Area and outside the Easement Area for a reasonable distance from the centerline of said line or system and to cut down all dead, weak,leaning or dangerous trees or limbs in or adjacent to the Easement Area as may,in the opinion of the Association,otherwise endanger the Facilities. B. Grantor shall not construct or permit the construction of any temporary or permanent buildings,structures(including without limitation trailers or mobile homes),signs,or wells on,under,or over the Easement Area or that impair or impede the access of the Association to its Facilities.No other objects shall be erected,placed,or permitted to remain on,under,or over Easement Area by Grantor,which will or may interfere with the Facilities installed on the Easement Area or interfere with the exercise of any of the rights herein granted.Grantor shall not without the prior written approval of the Association,build,create,construct,nor allow to be built,created,or constructed,any utilities,streets,curb and gutters, parking surfaces,trees,landscaping,fences,or similar improvements,permanent or temporary,nor allow the impoundment of water on the Easement Area.Any of the improvements or structures described in this Easement may be hereinafter called"improvements."No failure by the Association to remove or otherwise object to such Improvements shall be deemed to constitute consent on the part of the Association to such Improvements.In addition,no such failure by the Association to remove or otherwise object to such Improvements shall be deemed a waiver of the Association's right to remove any such Improvements without further notice or compensation to Grantor.Grantor shall not grant any other easement,right-of-way,permit or license upon,under or over the Easement Area without the prior written consent of the Association,which consent shall not be unreasonably withheld. C. Grantor grants the Association the right of access for ingress and egress over the Easement Area and the adjoining lands of Grantor and the right to use the roads or trails,whether public,private or dedicated,to install,maintain and use gates and fences presently installed or as may be installed from time to time. D. Grantor agrees that all Facilities installed by or for the Association shall remain the property of the Association,relocatable and removable at the option of the Association. E. Grantor shall not perform any act that will impair the structural integrity of,interfere with,or endanger the Facilities. Without limiting the foregoing,Grantor shall not,without the prior written approval of the Association,alter the existing ground elevations or change the compaction of the soil on the Easement Area.Non-use or a limited use of the Easement Area shall not prevent the Association from thereafter making use of the Easement Area to the full extent herein authorized.Following completion of construction or renovation of its Facilities on the Easement Area, the Association shall restore the surface of the Easement Area to as near a condition as existed prior to such work as is reasonably practicable, taking into account,among other things,the existence of the Facilities and the restrictions stated herein,including prohibitions or limitations on structures,trees,shrubs,and other objects.No amendment,modification or supplement of this Easement shall be binding on the Association unless made in writing and executed by an authorized representative of the Association(or its successor or assign,if applicable).The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights. F. Grantor warrants that Grantor is the owner in fee of the above described lands and will defend the title thereto against all claims,and that said lands are free and clear of encumbrances and liens of whatsoever character except the following: X MORTGAGE COMPANY NAME: Grantor shall contact the Utility Notification Center of Colorado(1-800-922-1987),or any similar one-call utility line locator system which may replace or supplement it,at least four business days(or such longer time if reqpired by a licable�aw)prior to the commencement of construction or excavation on the Easement Area to arrange for field locating of FacilitieV_T X IN WITNESS WHEREOF the undersigned has set his hand and seal Mist, day o ,20 /C„, . X[Owner]N. 71104.4.�,,,s1„r - APR 0 6 2016 ` ( x[owner] Mike Freeman, Chair, Board of Weld County Commissioners X[Owner]N. X[Owner]N. XSTATEOF Colorado ) X COUNTY OF Weld ) ss. X The foregoing instrument was acknowledged before me this day of Ap r i 1 ,20_1E_,by: Mik reeman, Chair [INSERT OWNERS OF RECORD NAME(S)] XN. My Commission Ex Tres: 8 SEAL Notary Pub i ature) CHERYL LYNN asd tar JFFMAN Cheryl H6f fm FORT COLLINS,CO 80527-2550 44:1 k f� l i�IZ• STA"d't; E it t;i:CaLKMADO NOTARY ID 20144048044 MY C0MMI SIUiN EXPIRES DEC. 19, 2621, to-/az/a POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC. RIGHT-OF-WAY EASEMENT-UNDERGROUND KNOW ALL MEN BY THESE PRESENTS,that ROADIFER REVOCABLE LIVING TRUST [PRINT FULL NAME(S)(SINGLE,JOINT,PARTNERSHIP,CORPORATION,INCORPORATED ASSOCIATION,OWNER)] is(are)the owner(s)of record[collectively"Grantor"]and for a good and valuable consideration,the receipt of which is hereby acknowledged,do(es) hereby grant unto Poudre Valley Rural Electric Association,Inc.,("Association")a Colorado nonprofit cooperative corporation,whose post office address is Fort Collins,Colorado,and to its successors and assigns,a non-exclusive perpetual right-of-way and easement,subject to the specific terms and conditions below,upon these particularly described lands of the Grantor["Easement Area"]: A UTILITY EASEMENT 10 (TEN) FEET WIDE.5 (FIVE) FEET EACH SIDE OF POWER LINE CENTER AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER#160322 ®Account No.R6786623, County WELD, Township 5 N, Range 65 W, Section 11 for the purposes of constructing,reconstructing,inspecting,upgrading,increasing voltage or line capacity,modifying,operating,repairing,maintaining, and extending from time to time an underground electric line or system[including without limitation any communications facilities],including,but not limited to above and below ground fixtures,structures,conductors,cables,wires,arrestors,footings,conduits,above and below ground vaults,above and below ground transformers,above and below ground pads,and above and below ground enclosures[collectively"Facilities"],on,over or under the Easement Area.Grantor,and Grantor's heirs,successors,personal representatives and assigns,also grants to the Association the following rights and Grantor,and Grantor's heirs,successors,personal representatives and assigns,agrees to the following provisions: A. For the purposes of cutting,mowing,trimming,or controlling by chemical means,from time to time,trees,bushes and shrubbery located within the Easement Area and outside the Easement Area for a reasonable distance from the centerline of said line or system and to cut down all dead, weak,leaning or dangerous trees or limbs in or adjacent to the Easement Area as may,in the opinion of the Association,otherwise endanger the Facilities. B. Grantor shall not construct or permit the construction of any temporary or permanent buildings,structures(including without limitation trailers or mobile homes),signs,or wells on,under,or over the Easement Area or that impair or impede the access of the Association to its Facilities.No other objects shall be erected,placed,or permitted to remain on,under,or over Easement Area by Grantor,which will or may interfere with the Facilities installed on the Easement Area or interfere with the exercise of any of the rights herein granted.Grantor shall not without the prior written approval of the Association,build,create,construct,nor allow to be built,created,or constructed,any utilities,streets,curb and gutters, parking surfaces,trees,landscaping,fences,or similar improvements,permanent or temporary,nor allow the impoundment of water on the Easement Area.Any of the improvements or structures described in this Easement may be hereinafter called"Improvements."No failure by the Association to remove or otherwise object to such Improvements shall be deemed to constitute consent on the part of the Association to such Improvements.In addition,no such failure by the Association to remove or otherwise object to such Improvements shall be deemed a waiver of the Association's right to remove any such Improvements without further notice or compensation to Grantor.Grantor shall not grant any other easement,right-of-way,permit or license upon,under or over the Easement Area without the prior written consent of the Association,which consent shall not be unreasonably withheld. C. Grantor grants the Association the right of access for ingress and egress over the Easement Area and the adjoining lands of Grantor and the right to use the roads or trails,whether public,private or dedicated,to install,maintain and use gates and fences presently installed or as may be installed from time to time. D. Grantor agrees that all Facilities installed by or for the Association shall remain the property of the Association,relocatable and removable at the option of the Association. E. Grantor shall not perform any act that will impair the structural integrity of,interfere with,or endanger the Facilities. Without limiting the foregoing,Grantor shall not,without the prior written approval of the Association,alter the existing ground elevations or change the compaction of the soil on the Easement Area.Non-use or a limited use of the Easement Area shall not prevent the Association from thereafter making use of the Easement Area to the full extent herein authorized.Following completion of construction or renovation of its Facilities on the Easement Area, the Association shall restore the surface of the Easement Area to as near a condition as existed prior to such work as is reasonably practicable, taking into account,among other things,the existence of the Facilities and the restrictions stated herein,including prohibitions or limitations on structures,trees,shrubs,and other objects.No amendment,modification or supplement of this Easement shall be binding on the Association unless made in writing and executed by an authorized representative of the Association(or its successor or assign,if applicable).The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights. F. Grantor warrants that Grantor is the owner in fee of the above described lands and will defend the title thereto against all claims,and that said lands are free and clear of encumbrances and liens of whatsoever character except the following: X MORTGAGE COMPANY NAME: Grantor shall contact the Utility Notification Center of Colorado(1-800-922-1987),or any similar one-call utility line locator system which may replace or supplement it,at least four business days(or such longer time if regytggd by a icable law)prior to the commencement of construction or excavation on the Easement Area to arrange for field locating of Facilities./_7Pr X IN WITNESS WHEREOF the undersigned has set his hand and seal this CV day of , 0 X[Owner]3. Mike Freeman, Chair, Board of X[°w"er]� Wcld County Commi33ioncrs X[Owner] X[Owner]3. XSTATEOF Colorado X COUNTY OF Weld ) ss. X The foregoing instrument was acknowledged before me this day of April ,2016__,by: Mik F eman, Cha'r [INSERT OWNERS OF RECORD NAME(S)] X)3. My Commission Expires: 12/19/2018 SEAL Notary Pu ( rgn lure) Cheryl Hoff ma CHERYL LYNN HOFFMAN FORT COLLINS,CO 80527-2550 NOTARY PUBLIC STATE Ow COLORADO /G-/O2/.2- NOTARY ID 201440.48044 MY COMMISSION t:XPIRES DEC, 19, 2018 POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC. RIGHT-OF-WAY EASEMENT-UNDERGROUND KNOW ALL MEN BY THESE PRESENTS,that ROADIFER REVOCABLE LIVING TRUST [PRINT FULL NAME(S)(SINGLE,JOINT,PARTNERSHIP,CORPORATION,INCORPORATED ASSOCIATION,OWNER)] is(are)the owner(s)of record[collectively"Grantor"]and for a good and valuable consideration,the receipt of which is hereby acknowledged,do(es) hereby grant unto Poudre Valley Rural Electric Association,Inc.,("Association")a Colorado nonprofit cooperative corporation,whose post office address is Fort Collins,Colorado,and to its successors and assigns,a non-exclusive perpetual right-of-way and easement,subject to the specific terms and conditions below,upon these particularly described lands of the Grantor["Easement Area"]: A UTILITY EASEMENT 10(TEN) FEET WIDE. 5 (FIVE) FEET EACH SIDE OF POWER LINE CENTER AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER#160322 ®Account No.R6786622, County WELD, Township 5 N, Range 65 W, Section 11 for the purposes of constructing,reconstructing,inspecting,upgrading,increasing voltage or line capacity,modifying,operating,repairing,maintaining, and extending from time to time an underground electric line or system[including without limitation any communications facilities],including,but not limited to above and below ground fixtures,structures,conductors,cables,wires,arrestors,footings,conduits,above and below ground vaults,above and below ground transformers,above and below ground pads,and above and below ground enclosures[collectively"Facilities"],on,over or under the Easement Area.Grantor,and Grantor's heirs,successors,personal representatives and assigns,also grants to the Association the following rights and Grantor,and Grantor's heirs,successors,personal representatives and assigns,agrees to the following provisions: A. For the purposes of cutting,mowing,trimming,or controlling by chemical means,from time to time,trees,bushes and shrubbery located within the Easement Area and outside the Easement Area for a reasonable distance from the centerline of said line or system and to cut down all dead, weak,leaning or dangerous trees or limbs in or adjacent to the Easement Area as may,in the opinion of the Association,otherwise endanger the Facilities. B. Grantor shall not construct or permit the construction of any temporary or permanent buildings,structures(including without limitation trailers or mobile homes),signs,or wells on,under,or over the Easement Area or that impair or impede the access of the Association to its Facilities.No other objects shall be erected,placed,or permitted to remain on,under,or over Easement Area by Grantor,which will or may interfere with the Facilities installed on the Easement Area or interfere with the exercise of any of the rights herein granted.Grantor shall not without the prior written approval of the Association,build,create,construct,nor allow to be built,created,or constructed,any utilities,streets,curb and gutters, parking surfaces,trees,landscaping,fences,or similar improvements,permanent or temporary,nor allow the impoundment of water on the Easement Area.Any of the improvements or structures described in this Easement may be hereinafter called"Improvements."No failure by the Association to remove or otherwise object to such Improvements shall be deemed to constitute consent on the part of the Association to such Improvements.In addition,no such failure by the Association to remove or otherwise object to such Improvements shall be deemed a waiver of the Association's right to remove any such Improvements without further notice or compensation to Grantor.Grantor shall not grant any other easement,right-of-way,permit or license upon,under or over the Easement Area without the prior written consent of the Association,which consent shall not be unreasonably withheld. C. Grantor grants the Association the right of access for ingress and egress over the Easement Area and the adjoining lands of Grantor and the right to use the roads or trails,whether public,private or dedicated,to install,maintain and use gates and fences presently installed or as may be installed from time to time. D. Grantor agrees that all Facilities installed by or for the Association shall remain the property of the Association,relocatable and removable at the option of the Association. E. Grantor shall not perform any act that will impair the structural integrity of,interfere with,or endanger the Facilities. Without limiting the foregoing,Grantor shall not,without the prior written approval of the Association,alter the existing ground elevations or change the compaction of the soil on the Easement Area.Non-use or a limited use of the Easement Area shall not prevent the Association from thereafter making use of the Easement Area to the full extent herein authorized.Following completion of construction or renovation of its Facilities on the Easement Area, the Association shall restore the surface of the Easement Area to as near a condition as existed prior to such work as is reasonably practicable, taking into account,among other things,the existence of the Facilities and the restrictions stated herein,including prohibitions or limitations on structures,trees,shrubs,and other objects.No amendment,modification or supplement of this Easement shall be binding on the Association unless made in writing and executed by an authorized representative of the Association(or its successor or assign,if applicable).The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights. F. Grantor warrants that Grantor is the owner in fee of the above described lands and will defend the title thereto against all claims,and that said lands are free and clear of encumbrances and liens of whatsoever character except the following: X MORTGAGE COMPANY NAME: Grantor shall contact the Utility Notification Center of Colorado(1-800-922-1987),or any similar one-call utility line locator system which may replace or supplement it,at least four business days(or such longer time if required by plicable law)prior to the commencement of construction or excavation on the Easement Area to arrange for field locating of Facilities./ X IN WITNESS WHEREOF the undersigned has set his hand and seal this CR day o ,20/CO . X[Owner] s T L. )P. - ji Mike Freeman Chair, Board of X[owner] Weld County Commissioners X[Owner])s X[Owner]�. XSTATEOF Colorado ) X COUNTY OF Weld ) ss. X The foregoing instrument was acknowledged before me this day of April ,20J_ _,by: Mik r email. Chair [INSERT OWNERS OF RECORD NAME(S)] X My Commission Expires: 12/19/2018 SEAL Notary Publi Signature) 5f5anan CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OP COLORADO J/G _/o21-2- NOTARY ID 201440.48044 MY COMMIaSION EXPIRES DEC. 19, 2018 Chloe Rempel From : Elizabeth Relford Sent: Monday, February 13 , 2017 11 : 52 AM To: Chloe Rempel ; Francie Collins; Tina Booton Cc: Cheryl Hoffman Subject: RE : CTB Temp Documents Chloe, 20162406 & 20162407 were grant applications we did not receive funding for, so I would consider them complete . 20161212 is a completed construction project also . The rest are Tina ' s so I will let her update you on those . Thanks, Elizabeth From : Chloe Rempel Sent : Friday, February 10, 2017 2 : 34 PM To : Elizabeth Relford < erelford@co . weld . co . us>; Francie Collins <fcollins@co . weld . co . us >; Tina Booton <tbooton@co . weld . co . us > Cc : Cheryl Hoffman < choffman@CO . WELD . CO . US > Subject : CTB Temp Documents Hello , I need your help with locating final signatures for the below documents , which are also attached . Hearing°�3 FileDoc ID £ o y IS as: Y $ , y. ... . , a Date Locati o n 20161212 CONTRACT 4/6/2017 EG0073 Engineering - Pendinc Public Works 20161449 AGRMT 04/27/2016 EG0073 Engineering - Pendinc P ublic Works 20162012 APPL 06/27/2016 EG0073 Engineering - Pendinc P ublic Works 20162406 APPL 07/27/2016 EG0073 Engineering - Pendinc Public Works 20162407 APPL 7/27/2016 EG0073 Engineering - Pendinc P ublic Works 20162639 APPL 08/ 15/2016 EG0073 Engineering - Pendinc P ublic Works Thank you ! Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 1 tel: 970-400-4225 r Nob. p C 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 . 2 Hello