HomeMy WebLinkAboutC05-302 Holy Cross
, ' , EAGLE COUNTY RE~. COLORADO 935499
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September 30, 2005 III aCT 0 j' 2~~5 ~~
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Mr. Peter T. Sulmeisters, PLS C 05'- 30J -5-c)
Project Manager
Eagle County
Engineering Department
P. O. Box 850
Eagle, CO 81631-0850
Re: Electric System, Eagle County
Fairgrounds Pavilion
Dear Peter:
Holy Cross Energy has completed a design and cost estimate for providing electric service to the above
referenced project, hereinafter the .Project". Our facilities will be Installed as shown on the attached
sketch. The owner or developer of the subject Project is hereinafter referred to as the .OwnerD.
The estimated cost of construction is as follows:
Estimated cost of overhead construction $ 14,000.00
Estimated cost of underground construction 43.300.00
Total estimated cost of construction $57,300.00
Construction deposit (refundable)
consisting of overhead costs
and equivalent overhead costs $48,000.00
Contribution in aid of
construction (nonrecoverable) 9.300.00
Total payment required before
starting work on the project $57,300.00
The above figures are only estimates. After the job has been completed, the actual cost of construction
will be determined. The Owner's contribution and deposit will be adjusted to reflect the actual cost by
making a refund or further assessment. Execution of this document constitutes the Owner's agreement to
pay any further assessment in a timely manner. Adjusted construction deposits are available for refund
over a ten year period as specified by Holy Cross Energy's Line Extension Policy.
Our power facilities must be installed on an easement. The legal description and Exhibit A for the
easement will be attached to the executed Holy Cross Energy standard easement document and the
original returned to Holy Cross Energy for recording.
The following conditions are hereby noted:
l. The enclosed "Application For Electric Service" form must be completed, signed, and returned.
2. Holy Cross Energy has implemented a policy which requires that the Owner provide all excavation,
backfill, compaction and cleanup needed for installation of the underground power system
extension to serve the Project. The Owner must also set all vaults and installall conduits as
specified by Holy Cross Energy's design for the Project and the enclosed construction
specifications. Holy Cross Energy will supply all material which can be picked up by the Owner at
the appropriate storage yard. The cost of this material Is Included In the Job cost estimate. The
attached Trench Agreement must be properly executed by the Owner and returned prior to the
start of excavation.
3. The route of our proposed underground power line extension must be at final grade and free of
obstructions before power line construction is started.
4. The above estimate is for Holy Cross Energy facilities and does not include the installation of
telephone or televISion facilities. It will be the Owner's responsibility to coordinate construction
and make contractual agreements with the other utilities.
5. It shall be the Qwner's responsibility to ensure that splice vaults, switchgear vaults and
transformer vaults installed hereunder for the Project are accessible by Holy Cross boom trucks
and other necessary equipment and personnel at all times. The use of such access by Holy Cross
shall not require removal or alteration of any improvements, landscaping, or other obstructions.
The ground surface grade shall not be altered within ten (l0) feet of said splice, switchgear and
transformer vaults, nor along the power line route between the vaults. The ground surface grade
at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The
ground surface grade at said splice vaults shall be even with the top of the pad. The manhole
opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times.
Improvements, landscaping or any other objects placed in the yicinlty of said transformers and
A Touchstone Energy' Cooperative ~~
-
Mr. Peter T. Sulmeisters, PLS
Project Manager
Eagle County
September 30, 200S
Page 2
switchgear shall be located so as not to hinder complete opening of the equipment doors. The
ground surface within ten (1 0) feet of said transformer and switchgear doors shall be flat, level
and free of improvements, landscaping, and other obstructions. Improvements, landscaping and
other objects will be kept a minimum of four (4) feet from non-opening sides and backs of said
transformers and sWitchgear. Owner hereby agrees to maintain the requirements of this
paragraph and further agrees to correct any violations which may occur as soon as notified by
Holy Cross Energy. Said corrections will be made at the sole cost and expense of Owner.
6. There is no provision in our estimate for revegetation. Revegetation, if required, must be
provided by parties other than Holy Cross Energy.
7. Secondary voltage available will be 480Y/277, three-phase.
8. Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross
Energy specifications. All meter locations must be approved. Any service over 200 amps or 240
volts must have prior written approval from Holy Cross Energy.
9. It will be the Owner's responsibility to extend underground secondary entrance conductors from
the pad-mounted transformer to points of power usage.
10. All underground services shall be installed in conduit ahead of the meter. , All underground
services must be in conduit beneath roads, driveways, and other areas of dIfficult excavation.
11. The meter housing must be positioned so the meter faces a driveway or road.
12. low voltage starting will be required on all three-phase motors larger than 2S HP and all single-
phase motors larger than 10 HP.
13. Motor protection from phase loss and other voltage problems should be provided. This
equipment shall be installed and maintained at the expense of the Owner.
14. It shall be the Owner's responsibility to protect their electric equipment from temporary over
voltage or under voltage situations resulting from causes beyond the control of Holy Cross
Energy.
1 S. The above mentioned cost estimate does not include connect fees or meter deposits, if required.
Arrangements for payment of these items and for scheduling the actual meter installation should
be made through the local Holy Cross Energy office.
16. We attempt to complete all projects in a timely manner. However, highest priority is given to
maintaining service to our existing consumers. This fact, along with inevitable construction
delays, will not allow us to guarantee a project completion date.
17. All Holy Cross Energy rules and regulations will be followed.
When Holy Cross Energy is in receipt of the Owner's check in the amount of $S7,300.00, all necessary
executed easements, other permits, if required, a completed "Application For Electric ServiceD form, the
executed trench agreement, and the signed original of this letter agreement (below), the job can be
scheduled for construction.
Sincerely.
HOLYCROSS ENERGY
~a~
Rex O. Berens,
Engineering Technician
RB:smh
Enclosure
terms and conditions
greed to and accepted
B .
Date: \t\-\I-~-":::>
W/0#0S-19406:43-0S:Eagle Co. Fairgrounds Arena
Starla\berens\Sulmelsters
EAGLE COUNTY RECORDER. COL.ORAUU ~~OOlQlQ
. .' UNDERG~g~~~~~~~jJ~~~lit~: 11~~2:0~
ENGiI'JEERING ~fIL
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
THE COUNTY OF EAGLE, STATE OF COLORADO
(hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof Is hereby acknowledged, does hereby
grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood Springs, Colorado
(hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantor, situate In
the County of Eagle, State of Colorado, described as follows:
A parcel of land situate in Section 5, Township 5 South, Range 84 West of the 6th P.M., as more fully
described in that particular Quit Claim Deed recorded In Book 570, at Page 593, In the records of the
Eagle County Clerk and Recorder's Office, Eagle, Colorado
A~d,. to ~ons~ruct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain ~ un9~r9round~I.~f1:ric transmission .or
distribution hne, or both, with the underground vaults, conduit, fixtures and equipment used or useable In connection therewith,
together with associated equipment required above ground, within the above mentioned lands, upon an easement described as
follows:
An easement twenty (20) feet in width, the location as shown on Exhibit A attached hereto and made a part hereof by reference.
The rights herein granted specifically allow Grantee to Install additional underground and/or pad-mounted facilities within the
easement described herein.
It shall be the Grantors responsibility to ensure that splice vaults, switchgear va':lJts and transformer vaults Installed hereunder on
said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of
such access by Grantee shall not require removal or alteration of any Improvements, landscaping, or other obstructions. The
ground surface grade shall not be altered within ten (1 0) feet of said splice, s.....ltchgear and transformer vaults, nor along the power
line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) Inches below the
top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said
splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects
placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment
doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of
improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four
(4) feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the
requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said
corrections will be made at the sole cost and expense of Grantor.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile
spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and
use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement, the
ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface
improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be
responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this
easement.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall
be removable at the option of Grantee.
Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances and
liens of whatsoever character, except those held by the following:
TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appe~ining
thereto, unto Grantee, its successors and assigns, forever, .' . .
IN ITNESS WHEREOF, Grantor has caused these presents to be duly executed on this .!:l.- day of
20~~. .
The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represent that he/she has full power and
authority to sign, execute, and deliver this Instrument.
.
airman of the Board of Eagle
County Commissioners
)
) ss.
COUNTY OF )
WITNESS my hand and official se
My commission expires: R\KK\
V1G\L
W/0#05-19406:43-05:Eagle Co. Falrgroun starla\berens\Sulmelsten Revised 9-14-04
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Johnson, Kunkel & Asso-s:iates, Inc.
CIVIL ENGINEERING . STRUCTURAL ENGINEERING · SURVEYING . MAPPING
Legal Description
20' Utility Easement
A 20' Utility Easement, being 10' on either side of the herein described centerline,
located in the Eagle County Fairgrounds as shown on the Land Survey Plat filed with the
Eagle County Community Development at Page 408, Reception No. 408 and in Tract
46D, Section 5, Township 5 South, Range 84 West of the 6th P.M., Eagle County
Colorado, with all bearings contained herein based on a bearing ofN87057'37''E as
measured between Angle Point No.3 of Tract 67, said Township and Range, being
marked on the ground by a 2 1/2" USOLO brass cap on iron pipe, found in place, and
Angle Point No.4 of said Tract 67 being marked on the ground by a 2 1/2" USOLO brass
cap on iron pipe, found in place, the centerline of said Easement being more particularly
described as follows: \
Beginning at a point from where said Angle Point No.3 of Tract 67 bears N43OO9'42"E,
710.91 feet; thence the following seven (7) courses:
I) S08049'40"E, 124.52 feet,
2) N74019'12"E, 178.09 feet,
3) N80037'1O''E, 116.00 feet,
4) N60041 '38"E, 43.31 feet,
5) N4504O'03"E, 71.61 feet,
6) N37058'38"E, 66.94 feet,
7) N23023'29''E, 338.62 feet
to the point of terminus, from where said Angle Point No.3 of Tract 67 Bears
N30048'27''W, 162.72 feet.
P.O. Box 409 . 1286 Chambers Ave. . Suite 200 · Eagle. Colorado 81631 . Phone (970) 328-6368 . Fax: (970) 328-1035
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TRACT 67 .
RUSS CHAMBERS PARCEL ,~
BOOK 435 PAGE 529 Found, 2 1,7:' USQ.o braee
PARCEL 1 Found, 2 1,7:' USQ.o braee cap on Iron ptle
CHAMBERS RURAL HOMES/TES Angle Point No. 4, Tract SA .
BOOK 375 PAGE: 681 ClIp on Iron Pf7 _ 1:!87"5r37-E _ _ f
Angle Point Ho. 3, Tract 7
1297.25'
Property lfne .\ . k
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Found, 1 1,7:' aluminum ~ · e
~ on g" rwber, / 15 ~,!
PlS 111 t)p. EXHIBIT A
20' UTILITY EASEMENT
Located in Tract 46D, Section 5,
TO'W118hip 5 South, Range 84 West of
TRACT 460 the 6th Principal Meridian,
Eagle County, Colorado
/
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Centerline 20' ."~~a R~ ~:j' I
Utility Easement ~1;
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HelICE: ~ to O:lIonJdo 1aw;:UW*'~ <<111 legal CICtfon
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ht ~ -cn cIef.ct. .. no ewnt may ~ octIon IIOIIId upon
:r. .,. .. w. ~ be ClClrrlrnenoed Inore Un ,... hm tfMl
of the owtftJcotJoft IIlown fMrwon.
EAGLE COUNTY RECORDER. COLORADO S35501
TEAK J SIMOHT~!8;lb';;
:~:SS:e3PM 23
lHi nn III i-ii/02/2005
TRENCH, CONDUIT, AND "h___ .._n__~__n. ...,A.-I'......-
This agreement is made and entered into this \~l day of t')( \.b'tJ-e ~ , 20 \.'") ~ .
between THE COUNTY OF EAGLE, STATE OF COLORADO, whose mailing address is P. O. Box 850, Eagle, Colorado 81631,
hereinafter called "OWner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Box 21 SO, Glenwood
Springs, Colorado 81602, hereafter called "Holy Cross".
WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called "Facilities", to serve
a project known as Eagle County Fairgrounds Pavilion, hereinafter called "Project"; and,
WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to
construct said requested Facilities; and,
WHEREAS, Owner owns real property described as follows: A parcel of land situate in Section 5, Township 5 South, Range 84 West
of the 6th P.M., as more fully described in that particular Quit Claim Deed recorded in Book 570, at Page 593, in the records of the
Eagle County Clerk and Recorder's Office, Eagle, Colorado, hereinafter called "Property", which Property is the real property where
the Project is being developed; and,
WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property adjacent to
the Project described as follows: Not Aoolicable ,hereinafter called "Adjacent Land".
NOW, THEREFORE, Owner and Holy Cross agree as follows:
1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of
Facilities to serve the Project. Such excavation shall be located as shown on the construction plans approved by Holy Cross,
and performed in accordance with Holy Cross Vault Installation Specifications, Construction Specifications and inspector
requirements. Any deviation from the approved construction plans will not be made unless approved by Holy Cross in
advance. All Facilities installed hereunder shall be inspected during construction by Holy Cross and shall meet all Holy Cross
requirements prior to acceptance of such Facilities by Holy Cross.
a. Prior to commencement of any work hereunder, Holy Cross shall furnish to OWner its Vault Installation Specifications and
Construction Specifications and such specifications are made a part hereof by reference.
b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded utility
easements.
c. The top of all conduits installed hereunder shall be located a minimum of 48" below the final grade of the ground surface.
d. A twelve-inch (12") minimum separation will be maintained between conduits installed for the Facilities and all other new or
existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit separation from
plastic gas lines shall be greater than this minimum wherever practicable.
e. Holy Cross will supply the necessary conduit and vaults for installation by the OWner upon completion of contractual
arrangements. OWner assumes responsibility for all material lost or damaged after such material has been issued to and
signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults meeting Holy
Cross specifications for use on the Project and convey such provided material to Holy Cross with an acceptable Bill of Sale.
After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as the owner of the conduit, vaults
and related structures and facilities.
f. If conduit and/or vault installation provided by OWner for the Project are found to be unusable or improperly constructed,
irrespective of whether such discovery is made during or after installation, Owner will be responSible for correcting said
problems at its expense as specified by Holy Cross and OWner shall reimburse Holy Cross for all additional costs resulting
from conduit and/or vault installation being unusable or improperly constructed.
2. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, OWner shall perform work
hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees, providing its
own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with its work on
the Project.
3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder. Owner
shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5)
feet of existing underground electric facilities except under the on site supervision of a qualified Holy Cross employee.
4. Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims,
expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work
performed hereunder, or because of a breach of any of the promises, covenants and agreements herein made by the OWner.
Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work
performed hereunder. In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall
reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. Owner agrees to
satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings.
Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has
been given the opportunity to join in such settlement agreements. The above indemnification clause shall not apply to state
and local governments or local service districts. In lieu thereof, whenever OWner is a government or district it shall procure and
maintain in effect at least $1,000,000 of public liability insurance covering the acts, damages and expenses described in the
above indemnification clause. Upon Holy Cross' request, such a Owner shall furnish a Certificate of Insurance verifying the
existence of such insurance coverage.
5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements
caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two
6. (2) years beginning on the date backfill and cleanup are completed.
Owner, at its expense, shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation
7. performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed.
In the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy
Cross may give written notice by registered or certified mail demanding OWner to complete the work and obligations
undertaken by OWner herein, and if such is not completed within 30 days after receipt of such notice by OWner, Holy Cross may
complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall
be chargeable to and collectible from Owner.
W/Q#05-19406:43-05:Eagle Co. Fairgrounds Arena 9-30-05 starla\berens\Sulmeisters Page 1 of 2 Revised 7-7-04
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8. As set forth in paragraph 1 above, Owner covenants that the trench, and all Facilities within the trench installed hereunder shall
be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall
be the obligation of Owner to properly locate and construct the Facilities within the easement. Should it ever be discovered
that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements, or at the
proper depth, it shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or to
relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner.
9. It shall be Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on
the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of
such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The
ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the
power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches
below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole
opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or
any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete
opening of the equipment doors. The ground surface within ten (1 0) feet of said transformer and switchgear doors shall be
fIat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be
kept a minimum of four (4) feet from non-opening sides and backs of said transformers and switchgear. Owner hereby agrees
to maintain the requirements of this paragraph and further agrees to correct any violations that may occur as soon as notified
10. by Holy Cross. Said corrections will be made at the sole cost and expense of Owner.
Owner covenants that it is the owner of the above described Property and that said Property is free and clear of encumbrances
and liens. of any character, except those held by the following:
The promises, agreements and representations made by Owner herein shall be covenants that run with the Property and shall
be binding upon the successors in interest, and assigns, of the Property.
The individual signing this Trench, Conduit and Vault Agreement hereby represents that he/she has full power and
authority to sign, execute, and deliver this instrument.
Holy Cross Energy, a Colorado corporation
By: .
of an of the Board of Eagle County Commissioners
STATE OF ('c.~~(o...~O )
e~~ <' ) ss.
COUNTY OF )
instrument wi!s acknowledged ~~fo.re.
WITNESS my hand and official sea
My commission expires: R\KK\
ViGil
Address:
My Commission Expires
/j August 21. 2007
STATE OF ftf(!.~l..c )
, ) ss.
COUNTY OF JJ.-(t- ^0-u..f..J )
The ~oregoing instrument was acknowledged before me this I a day of ~'(.,--e-~...el\..) , 20t's-. by Richard
D. Brinkley, General Manager of Electric Operations and Engineering of Holy Cross Energy. a Colorado corporation.
WITNESS my hand and official seal. ~. it tLLVN c..~tJtInV
My commission expires: 8 - 7 -0 ~
Notary Public
Address: ~ j"IU-l.l'-trtrd /<iIYlA/il-;f (!"g/6()j
, I
W/O#05-19406:43-05:Eagle Co Fairgrounds Arena 9-30-05 starla\berens\sulmeisters Page 2 of 2 Revised 11-2-04
Trench, Conduit and Vault Agreement
Holy Cross Energy
('0'5.30;;. -'ex)
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,.
3799 HIGHWAY 82 . PO BOX 2150
GLENWOOD SPRINGS, COLORADO 81602
(970) 945-5491 . FAX (970) 945-4081
September 30, 2005
v
E'
- I "~;
Mr. Peter T. Sulmeisters, PLS
Project Manager
Eagle County
Engineering Department
P. O. Box 850
Eagle, CO 81631-0850
Re: Electric System, Eagle County
Fairgrounds Pavilion
Dear Peter:
Holy Cross Energy has completed a design and cost estimate for providing electric service to the above
referenced project, hereinafter the "Project". Our facilities will be installed as shown on the attached
sketch. The owner or developer of the subject Project is hereinafter referred to as the "Owner".
The estimated cost of construction is as follows:
Estimated cost of overhead construction $14,000.00
Estimated cost of underground construction 43.300.00
Total estimated cost of construction $57,300.00
Construction depOSit (refundable)
consisting of overhead costs
and equivalent overhead costs $48,000.00
Contribution in aid of
construction (nonrecoverable) 9.300.00
Total payment required before
starting work on the project $57,300.00
The above figures are only estimates. After the job has been completed, the actual cost of construction
will be determined. The Owner's contribution and depOSit will be adjusted to reflect the actual cost by
making a refund or further assessment. Execution of this document constitutes the Owner's agreement to
pay any further assessment in a timely manner. Adjusted construction deposits are available for refund
over a ten year period as specified by Holy Cross Energy's Line Extension Policy.
Our power facilities must be installed on an easement. The legal description and Exhibit A for the
easement will be attached to the executed Holy Cross Energy standard easement document and the
original returned to Holy Cross Energy for recording.
The following conditions are hereby noted:
1. The enclosed "Application For Electric Service" form must be completed, signed, and returned.
2. Holy Cross Energy has implemented a policy which requires that the Owner provide all excavation,
backfill, compaction and cleanup needed for installation of the underground power system
extension to serve the Project. The Owner must also set all vaults and install all conduits as
specified by Holy Cross Energy's design for the Project and the enclosed construction
specifications. Holy Cross Energy will supply all material which can be picked up by the Owner at
the appropriate storage yard. The cost of this material is included in the job cost estimate. The
attached Trench Agreement must be properly executed by the Owner and returned prior to the
start of excavation.
3. The route of our proposed underground power line extension must be at final grade and free of
obstructions before power line construction is started.
4. The above estimate is for Holy Cross Energy facilities and does not include the installation of
telephone or television facilities. It will be the Owner's responsibility to coordinate construction
and make contractual agreements with the other utilities.
5. It shall be the Owner's responsibility to ensure that splice vaults, switchgear vaults and
transformer vaults installed hereunder for the Project are accessible by Holy Cross boom trucks
and other necessary equipment and personnel at all times. The use of such access by Holy Cross
shall not require removal or alteration of any improvements, landscaping, or other obstructions.
The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and
transformer vaults, nor along the power line route between the vaults. The ground surface grade
at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The
ground surface grade at said splice vaults shall be even with the top of the pad. The manhole
opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times.
Improvements, landscaping or any other objects placed in the vicinity of said transformers and
A Touchstone Energy' Cooperative ~
Mr. Peter T. Sulmeisters, PLS
Project Manager
Eagle County
September 30, 2005
Page 2
switchgear shall be located so as not to hinder complete opening of the equipment doors. The
ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level
and free of improvements, landscaping, and other obstructions. Improvements, landscaping and
other objects will be kept a minimum of four (4) feet from non-opening sides and backs of said
transformers and switchgear. Owner hereby agrees to maintain the requirements of this
paragraph and further agrees to correct any violations which may occur as soon as notified by
Holy Cross Energy. Said corrections will be made at the sole cost and expense of Owner.
6. There is no provision in our estimate for revegetation. Revegetation, if required, must be
provided by parties other than Holy Cross Energy.
7. Secondary voltage available will be 480Y /277, three-phase.
8. Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross
Energy specifications. All meter locations must be approved. Any service over 200 amps or 240
volts must have prior written approval from Holy Cross Energy.
9. It will be the Owner's responsibility to extend underground secondary entrance conductors from
the pad-mounted transformer to points of power usage.
10. All underground services shall be installed in conduit ahead of the meter. All underground
services must be in conduit beneath roads, driveways, and other areas of difficult excavation.
11. The meter housing must be positioned so the meter faces a driveway or road.
12. Low voltage starting will be required on all three-phase motors larger than 25 HP and all single-
phase motors larger than 10 HP.
13. Motor protection from phase loss and other voltage problems should be provided. This
equipment shall be installed and maintained at the expense of the Owner.
14. It shall be the Owner's responsibility to protect their electric equipment from temporary over
voltage or under voltage situations resulting from causes beyond the control of Holy Cross
Energy.
15. The above mentioned cost estimate does not include connect fees or meter deposits, if required.
Arrangements for payment of these items and for scheduling the actual meter installation should
be made through the local Holy Cross Energy office.
16. We attempt to complete all projects in a timely manner. However, highest priority is given to
maintaining service to our existing consumers. This fact, along with inevitable construction
delays, will not allow us to guarantee a project completion date.
17. All Holy Cross Energy rules and regulations will be followed.
When Holy Cross Energy is in receipt of the Owner's check in the amount of $57,300.00, all necessary
executed easements, other permits, if required, a completed "Application For Electric Service" form, the
executed trench agreement, and the signed original of this letter agreement (below), the job can be
scheduled for construction.
Sincerely,
HOLYCROSS ENERGY
~a~
Rex O. Berens,
Engineering Technician
RB:smh
Enclosure
W/0#05-19406:43-05:Eagle Co. Fairgrounds Arena
Starla \berens \Sulmeisters
HOLYCROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
THE COUNTY OF EAGLE, STATE OF COLORADO
(hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby
grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood Springs, Colorado
(hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantor, situate in
the County of Eagle, State of Colorado, described as follows:
A parcel of land situate in Section 5, Township 5 South, Range 84 West of the 6th P.M., as more fully
described in that particular Quit Claim Deed recorded in Book 570, at Page 593, in the records of the
Eagle County Clerk and Recorder's Office, Eagle, Colorado
And, to construct, reconstruct, rp.pair, change, enlarge, re-phase, operate, and maintain an underground electric transmission or
distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith,
together with associated equipment required above ground, within the above mentioned lands, upon an easement described as
follows:
An easement twenty (20) feet in width, the location as shown on Exhibit A attached hereto and made a part hereof by reference.
The rights herein granted specifically allow Grantee to install additional underground and/or pad-mounted facilities within the
easement described herein.
It shall be the Grantors responsibility to ensure that splice vaults, switchgear vaiJlts and transformer vaults installed hereunder on
said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of
such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The
ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power
line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the
top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said
splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects
placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment
doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of
improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four
(4) feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the
requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said
corrections will be made at the sole cost and expense of Grantor.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile
spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and
use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement, the
ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface
improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be
responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this
easement.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall
be removable at the option of Grantee.
Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances and
liens of whatsoever character, except those held by the following:
TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining
thereto, unto Grantee, its successors and assigns,forever.
IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of
C):. \ 1::\t)R:~:?~ . ,20~\ <:::. .
The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represent that he/she has full power and
authority to sign, execute, and deliver this instrument. .
F EAGLE, STATE OF COLORADO
(Vice) Chairman of the Board of Eagle
STATE OF County Commissioners
ss.
COUNTY OF
\, day of t'\l \t:)'c:;,e.~ ,
, _-"--cIS."(\ti~airman of the Board of Eagle County
WITNESS my hand and offici
My commission expires: '.'.'''___m
Address:
W/0#05-19406:43-0S:Eagle Co. Fai starla \berens\Sulmeisters Revised 9-14-04
,-
Johnson, Kunkel & Assd,~iates,lnc.
CIVIL ENGINEERING . STRUCTURAL ENGINEERING . SURVEYING . MAPPING
Legal Description
20' Utility Easement
A 20' Utility Easement, being 10' on either side of the herein described centerline,
located in the Eagle County Fairgrounds as shown on the Land Survey Plat filed with the
Eagle County Community Development at Page 408, Reception No. 408 and in Tract
46D, Section 5, Township 5 South, Range 84 West of the 6th P.M., Eagle County
Colorado, with all bearings contained herein based on a bearing of N87057'37"E as
measured between Angle Point No.3 of Tract 67, said Township and Range, being
marked on the ground by a 2 1/2" USGLO brass cap on iron pipe, found in place, and
Angle Point No.4 of said Tract 67 being marked on the ground by a 2 1/2" USGLO brass
cap on iron pipe, found in place, the centerline of said Easement being more particularly
described as follows: \
Beginning at a point from where said Angle Point No.3 of Tract 67 bears N43009'42"E,
710.91 feet; thence the following seven (7) courses:
I) S08049'40"E, 124.52 feet,
2) N74019'12"E, 178.09 feet,
3) N80037'10''E, 116.00 feet,
4) N60041 '38"E, 43.31 feet,
5) N45040'03"E, 71.61 feet,
6) N37058'38"E, 66.94 feet,
7) N23023'29"E, 338.62 feet
to the point of terminus, from where said Angle Point No.3 of Tract 67 Bears
N30048'27''W, 162.72 feet.
P.O. Box 409 . 1286 Chambers Ave. . Suite 200 . Eagle, Colorado 81631 . Phone (970) 328-6368 . Fax: (970) 328-1035
RUSS CHAMBERS PARCEl TRACT 67
BOOK 435 PAGE 529 Found, 2 1/2- USGlO brQa
PARCEL 1 cap 011 Iron ~ ~
CHAMBERS RURAL HOMES/TES Found, 2 1/2- USGI.O bro8e Angle PcM1t ~ 4, Tract A
cap 011 ron ~ j
BOOK .375 PAGE 681 Angle PCllnt No. J, Tract 7 N87-Sr.37"E _ _
1297.25' OJ
Property Une ~~. BaSis of Bearing $: ~
/ $:lb
.~~. lbf3a
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N81"28'16"E ~ .i ~!~~
55.25' / !I. ~ ~ <S
FOIM1cl, 1 1/2- aluminum ~. . ~
COp 011 ~ rebar. / C,.) S 8
Pl.S In ,t)p. EXHIBIT A f1J .... ( ..,
/ 20' UTIUTY EASEMENT ' , .
Located in Tract 46D, Section 5,
Township 5 South, Range 84 West of
UN1)S ROAD TRACT 460 the 6th Principal Meridian,
FAlRGRO Eagle County, Colorado
/
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NOllCE: AcconfIng to Colorado law yrJl W* 0ClIrIInence any IegoI octlon
bONd upon OIly ~ In tllle ""'y within three ,... otter )IOU
ht cIeCowr IlIch ~ In no ew.nt moy an~ octIon bONd upon
:r. cW.ct In thIa IUIWY be ~ mew. tWl ,... hm the
of the cwtIl'Iwtlun ehown 1Mnon.
TRENCH, CONDUIT, AND V AUL T AGREEMENT
This agreement is made and entered into this '\ ~l day of C~( \t"\=)(::~?_,, , 20 Dc':'::, ,
between THE COUNTY OF EAGLE, STATE OF COmRADO, whose mailing address is P. O. Box 850, Eagle, Colorado 81631,
hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Box 2150, Glenwood
Springs, Colorado 81602, hereafter called "Holy Cross".
WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called "Facilities", to serve
a project known as Eagle County Fairgrounds Pavilion, hereinafter called "Project"; and,
WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to
construct said requested Facilities; and,
WHEREAS, Owner owns real property described as follows: A parcel of land situate in Section 5, Township 5 South, Range 84 West
of the 6th P.M., as more fully described in that particular Quit Claim Deed recorded in Book 570, at Page 593, in the records of the
Eagle County Clerk and Recorder's Office, Eagle, Colorado, hereinafter called "Property", which Property is the real property where
the Project is being developed; and,
WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property adjacent to
the Project described as follows: Not Applicable , hereinafter called "Adjacent Land".
NOW, THEREFORE, Owner and Holy Cross agree as follows:
1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of
Facilities to serve the Project. Such excavation shall be located as shown on the construction plans approved by Holy Cross,
and performed in accordance with Holy Cross Vault Installation Specifications, Construction Specifications and inspector
requirements. Any deviation from the approved construction plans will not be made unless approved by Holy Cross in
advance. All Facilities installed hereunder shall be inspected during construction by Holy Cross and shall meet all Holy Cross
requirements prior to acceptance of such Facilities by Holy Cross.
a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications and
Construction Specifications and such specifications are made a part hereof by reference.
b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded utility
easements.
c. The top of all conduits installed hereunder shall be located a minimum of 48" below the final grade of the ground surface.
d. A twelve-inch (12") minimum separation will be maintained between conduits installed for the Facilities and all other new or
existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit separation from
plastic gas lines shall be greater than this minimum wherever practicable.
e. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual
arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued to and
signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults meeting Holy
Cross specifications for use on the Project and convey such provided material to Holy Cross with an acceptable Bill of Sale.
After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as the owner of the conduit, vaults
and related structures and facilities.
f. If conduit and/or vault installation provided by Owner for the Project are found to be unusable or improperly constructed,
irrespective of whether such discovery is made during or after installation, Owner will be responsible for correcting said
problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting
from conduit and/or vault installation being unusable or improperly constructed.
2. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform work
hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees, providing its
own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with its work on
the Project.
3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder. Owner
shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5)
feet of existing underground electric facilities except under the on site supervision of a qualified Holy Cross employee.
4. Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims,
expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work
performed hereunder, or because of a breach of any of the promises, covenants and agreements herein made by the Owner.
Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work
performed hereunder. In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall
reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. Owner agrees to
satisfy, pay, and discharge any and all judgments and fines rendered against Holy C~oss arising out of any such proceedings.
Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has
been given the opportunity to join in such settlement agreements. The above indemnification clause shall not apply to state
and local governments or local service districts. In lieu thereof, whenever Owner is a government or district it shall procure and
maintain in effect at least $1,000,000 of public liability insurance covering the acts, damages and expenses described in the
above indemnification clause. Upon Holy Cross' request, such a Owner shall furnish a Certificate of Insurance verifying the
existence of such insurance coverage.
5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements
caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two
(2) years beginning on the date backfill and cleanup are completed.
6. Owner, at its expense, shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation
performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed.
7. In the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy
Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations
undertaken by Owner herein, and if such is not completed within 30 days after receipt of such notice by Owner, Holy Cross may
complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall
be chargeable to and collectible from Owner.
W/O#05-19406:43-05:Eagle Co. Fairgrounds Arena 9-30-05 starla\berens\Sulmeisters Page 1 of 2 Revised 7-7-04
8. As set forth in paragraph 1 above, Owner covenants that the trench, and all Facilities within the trench installed hereunder shall
be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall
be the obligation of Owner to properly locate and construct the Facilities within the easement. Should it ever be discovered
that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements, or at the
proper depth, it shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or to
relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner.
9. It shall be Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on
the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of
such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The
ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the
power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches
below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole
opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or
any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete
opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be
flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be
kept a minimum of four (4) feet from non-opening sides and backs of said transformers and switchgear. Owner hereby agrees
to maintain the requirements of this paragraph and further agrees to correct any violations that may occur as soon as notified
by Holy Cross. Said corrections will be made at the sole cost and expense of Owner.
10. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of encumbrances
and liens of any character, except those held by the following:
The promises, agreements and representations made by Owner herein shall be covenants that run with the Property and shall
be binding upon the successors in interest, and assigns, of the Property.
The individual signing this Trench, Conduit and Vault Agreement hereby represents that he/she has full power and
authority to sign, execute, and deliver this instrument.
LE, STATE OF COLORADO
By:
STATE OF
) ss.
COUNTY OF
Th.e fClregoi,ng,instrument w,as acknowledged before me this n day of ('( \DV')tI"_~, ,by
'\,\'Q" '''~'\-,( "" ,'-' as ~9>aifma~oard of Eagle County Commissioners of THE
COUNTY OF EAGLE, STATE OF COLORADO. /,/
"
WITNESS my hand and official seal.,_,__ .
My commission expires:~/</>,_~,
Address:
STATE OF
) ss.
COUNTY OF
The ~oregoing was acknowledged before me this I JL:( day of ~l\jl!(Ll/''V'Lgl-e/LI , 200 ~I'~ by Richard
D. Brinkley, General Manager of Electric Operations and Engineering of Holy Cross Energy, a Colorado corporation.
WITNESS my hand and official seal.
My commission expires:
Address:
W/O#05-19406:43.05:Eagle Co Fairgrounds Arena 9.30.05 starla \berens\sulm eisters Page 2 of 2 Revised 11.2.04
Trench, Conduit and Vault Agreement
Holy Cross Energy