HomeMy WebLinkAboutresolution.council.113-19 RESOLUTION #113
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A TRENCH, CONDUIT, AND VAULT
AGREEMENT AND AN EASEMENT BETWEEN THE CITY OF ASPEN AND
HOLY CROSS ENERGY AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there have been submitted to the City Council a Trench,
Conduit, and Vault Agreement, and an Easement across property owned by the
City between the City of Aspen and Holy Cross Energy, true and accurate copies
of which are attached hereto as Exhibits "A" and `B".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Trench,
Conduit, and Vault Agreement, and Easement across property owned by the City
between the City of Aspen and Holy Cross Energy, copies of which are annexed
hereto and incorporated herein, and does hereby authorize the Mayor of the City of
Aspen to execute said agreements on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 22" day of October 2019.
Torre, Mayor
1, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, October 22, 2019.
(;,A "Af&jjjrl
Linda Manning, City Cler
Exhibit A - Holy Cross Electric TCV Agreement 597 Park Circle
TRENCH,CONDUIT,AND VAULT AGREEMENT
This agreement is made and entered into this 22 day of October 20 19
between CITY OF ASPEN,whose mailing address is 30 South Galena,Aspen,CO 81611, 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 Underground Power to Lot 1 Wagar/Detweiler Subdivision, 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 07,Township 10 South,
Range 84 West of the 61" P.M.,as more fully described at Reception Number 544847 in the records of the PITKIN County
Clerk and Recorder's Office,ASPEN,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: Park Circle, 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 0 2")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 Holy Cross
employee.
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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 by the Owner and/or 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 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 an Owner shall furnish a Certificate of
Insurance verifying the existence of such insurance coverage.
S. 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.
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. 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 Cross meters at all
times. At any time in the future,should access to any Holy Cross meters be determined by Holy Cross to be unacceptable,
then it shall be the Owner's responsibility, at the Owner's sole cost, to correct the access and make it acceptable, as
determined solely by Holy Cross.
11. 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: All those of Record.
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.
W/O#19-23665:90-59:UG Power to Lot 1 Wagar/Detweiler Subdivision 10/8/19 19.23665 KB Page 2 of 3 Revised 12/18/15
The individual signing this Trench,Conduit and Vault Agreement hereby represents that they have full power and
authority to sign,execute,and deliver this instrument.
Holy Cross Energy,a Colorado corporation F SPEN
By: By:
David Bleakley-Vice President, Engineering Mayor
STATE OF W )
YI1N >55.
COUNTY OF )
The foregoing instrument was acknowledged before me this nn4 day of , 2013,
by f oUrg as Mayor of CITY OF ASPEN.
WITNESS my hand and official seal.
My commissi n expires:
..h.
TARA ;-. NEL.SCi'a� Notary Public o1"NOTF Lr
STATE OCOLORADO Address: Cb
NOTARY 0�. 20t',1.1030017
iviy Commission Expires Septemt er 2S,2021
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20_,
by David Bleakley-Vice President, Engineering, Holy Cross Energy,a Colorado corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
W/O#19-23665:90-59:UG Power to Lot 1 Wagar/Detweiler Subdivision 10/8/19 19.23665 KB Page 3 of 3 Revised 12/18/15
Trench,Conduit and Vault Agreement
Holy Cross Energy
Exhibit B - Holy Cross Electric Easement 517 Park Circle
HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
CITY OF ASPEN
(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 Pitkin,State of Colorado,described as follows:
A parcel of land situate in Section 07,Township 10 South, Range 84 West of the 6"P.M., as more fully
described at Reception Number 544847 in the records of the PITKIN County Clerk and Recorder's Office,
ASPEN,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 (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 they are 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: All those of Record.
W/O#19-23665:90-59:UG Power to Lot 1 Wagar/Detweiler Subdivision 10/8/19 19-23665 KB Page 1 of 2 Revised 12/18/15
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 presen to be duly executed on this 2_ day of
0=F1�t2 , 20 .
The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that they have full
power and authority to sign, execute, and deliver this instrument.
CITY OF ASPEN
By: Imm
STATE OF CD MO ) Mayor
ss.
COUNTY OF MN �
The for oing instrument wasacknowledged before me this day of
20� , by as Mayor of CITY OF ASPEN.
WITNESS my hand and official seal. � ��
My commission expires:
2 Notary
QPublic(' (l
Address: I J� V• J�� y .�v
THO.A'_. NE US10
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STATE OF COLi7�:P'�oN;tTP,R(itl , ^ 5,l.Orrrrissi0t1(r`Mi;E1Fc"wiv+�wr0�wx. 2�L1 !�
W/O#19-23665:90-59:UG Power to Lot 1 Wagar/Detweiler Subdivision 10/8/19 19-23665 KB Page 2 of 2 Revised 12/18/15
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