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HomeMy WebLinkAboutC09-145 Utility Easement Holy Cross WECMRD Field HouseTRENCH, CO UIT, AND VAULT AGREEIN~NT This agreement is made and entered into this --" day of , ZO , between THE COUNTY OF EAGLE, STATE OF COL RADO, whose mailing ad ress PO Box $50, Eagle, Colorado 8163, hereinafter called "Owner", and Holy Crass Energy, a Colorado corporation whose mailing address is P. 0. Box 2154, Glenwood Springs, Colorado 81642, 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 Freedom Park Field House, hereinafter called "Project"; and, WHEREAS, Owner is required to provide ail excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct said requested Facilities; and, WHEREAS, Owner owns real property described as follows: Tract C, Berry Creek/Miller Ranch Planned Unit Development, situate in Section 4, Township 5 South, Range 82 West of the 6`ti P,M., as more fully described by Reception No. 799649 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 ar other excavation on certain real property adjacent to the Project described as follows; Miller Ranch Road right-of way, 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 far installation of Facilities to serve the Project. Such excavation shall be located as shown an the construction plans approved by Holy Cross, and performed in accordance with Holy Crass Vault Installation Specifscations, 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"y 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 Crass will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility far all material lost or damaged after such material has been issued to and signed for by Owner or by~an agent of Owner. AlternativeEy, Owner may provide its own conduit and vaults meeting Holy Cross specifications fior use on the Project and convey such provided material to Holy Crass with an acceptable Bill of Sale. After installation by the Owner and acceptance by Holy Crass, 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 far correcting said problems at its expense as specified by Holy Crass and Owner shall reimburse Haly Cross far all additional costs resulting from conduit and/ar vault installation being unusable ar improperly constructed. Z. Despite the fact that Holy Crass reserves the right to specify acceptable work performed hereunder, Owner shall perform work hereunder as an independent contractor, including, but not limited ta, the hiring and firing of its own employees, providing its awn tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with its work an 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 (5y feet of existing underground electric faulities except under the on site supervision of a Holy Cross employee. 4, Owner shall indemnify, save, and hold harmless Haly Cross,' its employees and agents, against any and all loss, liability, claims, expense, suits, causes of action, or judgments far damages to property or injury or death to persons that may arise out of work performed hereunder, ar because of a breach of any of the promises, covenants and agreements herein made by the Owner. Owner shall promptly defend Holy Crass whenever legal proceedings of any kind are brought against it arising out of work performed hereunder by the Owner and/ar work performed at the direction of the Owner. In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for. all casts, 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 $i,040,000 of public liability insurance covering the acts, damages and expenses described in the above indemnification clause. Upon Haly Crass' request, such an 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/C-#49-20826:50-89:Freedom Park Field House Transf. 5/1 /09 o~zoazs a~s~~a Page 1 of 2 Revised 4.8.48 8. As set forth in paragraph 1 above, Ownet 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 Faalities, or to relocate the Facilities within the easement, all of which shall beat 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, ar 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 splke vaults shall be even with the tap 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 (~) 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 Haly Cross. Said corrections will be made at the sole cost and expense of Owner. 10. All Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, it shall be the Owner's responsibility to maintain acceptable access, as determined solely by Holy Cross, to all Holy Crass meters at all times, At any time in the future, should access to any Holy Cross meters be determined by Holy Crass to be unacceptable, then it shall be the owner's responsibility, at the Owner's sale cost, to correct the access and make it acceptable, as determined solely by Holy Cross. i 1. 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 fallowing; 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 THE COUNTY OF EAGLE, STATE OF COLORADO BY: Board of unty Commissioners ..--- By: . Richard D. Brinkley, General Manager of ~ Chairm Electric Operations and Engineering STATE OF I.VINY-~1 /v } ss. COUNTY OF lam: T f e oin in rum nt was acknowled ed before me this f ~ d o 9 .L~ o f 2 b as Chairman of the Boa d of County Commissioners for THE COUNTY OF EAGLE, ATE OF COLORADO. 1 WITNESS my hand and official seal. ., DEBORAH l CHURCHIII ~Notary Public _ '' Address. 1` Notary Public State of Colorado 1,~~ ~(~~ ~~ ~~ ~ My Comm~On F~kell Fe~mloiry 18, X011 STATE OF ~ } ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , x0 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: Notary Public Address: W/0#0920826;5a-89:Freedom Park Field House Transf a~zo$~s ~,:sou Page 2 of 2 Revised 4.8-08 Trench, Conduit and Vault Agreement Holy Cross Energy HOLY CROSS ENERGY UNDERGROUND RIGHT-OF•WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, THE COUNTY OF EAGLE, STATE OF COLORAb0 {hereinafter called "Grantor"}, for a goad 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. 0. Bax 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: Tract C, Berry CreekjMiller Ranch planned Unit Development, situate in Section 4, Township S South, Range 82 West of the 6~' P.M., as more fully described by Reception No. 799649 in the records of the Eagle County Clerk and Recorder's Office, Eagle, Colorado, And, to construct, reconstruct, repair, 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 ten {10} feet in width, the centerline for said easement being an underground power line as constructed, the approximate location of which upon the above described property is 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 Grantor's responsibility to ensure that splice vaults, switchgear vaults 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 (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 tap 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 mfnfmum 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 cast 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 far damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this easement, Grantor agrees that ail facilities installed by Grantee on the above described lands, shaft 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 al! and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever, IN WIT ES WHEREOF Gr ntor h ~ (~~ , a as caused these prese t o be duly executed an this day of z4 , The individual signing this Holy Cross Energy Underground Right-of Way Easement hereby represents that he/she has full power and authority to sign, execute, and deliver this instrument. THE COUNTY OF EAGLE, STATE OF COLORADO By: Board of County Commissioners •..r By: STATE: OF Chairma } ss. COUNTY OF~~~~ ~ 1 The f oing instru as~o d bef a me this day of ZO_.__, by ,J as Chairman f the Board of Caun ty Commissioners for THE COUNTY OF EAGLE, STATE OF COLORADO. WITNESS my hand and official seal. My commission ~;,~ AH L CHURCHILL Notary public DEBOR ~{ ~,~~ ~ ~ PUbIIC Address; ~ l Nofiary f Colorado WI ansf o9-2082b Russell Revised 9-14.04 ,~y ~1 E~pb'ee FebtuOty 18, 201 i ~z~ £ ~ . ,~~ ~ ~~~ TERM SHEET ~tECE~!/E~ MAY 6 2009 1) Requested hearing date: 12 MAY 09 EAGLE CGU~'~ ~`~ ~T70RNEY 2) For County Manager signature?: No 3) Repuestins department: Public Works 4) T_ itle: Utility easement for Holy Cross to extend electric service to the WECMRD Field House 5) Staff submitting: Tom Johnson 6) Pur,},~ose: Holy Cross requires signature prior to work beginning 7) Schedule: R. A. Nelson, the project contractor, will schedule to complete as soon as the agreement is signed. 8) Financial considerations: NONE - Part of the V'VECMRD Field House project 9) Other; The agreement is required to be signed by the BoCC as the County is the owner of the property the easement will cross. . ~J~~2.3an~ -fo ~~YY~ PROVf~ AS TO~ ~Y' ~ ~f CountY ~~d~ney'S Q~ice ~~ E~a9 e 8y ~ mrn~ssioners' p~1ce eagle County Co