HomeMy WebLinkAboutEasement documents.pdf HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
VAIL HOLDINGS, LLC A Wisconsin limited liability company
(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 21 50, 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:
Lot 9A,A Replat of a Portion of Block 7,Vail Village First Filing,and Lot 2 of Raether Minor Subdivision,
according to the Final Plat thereof, situated in Section 7,Township 5 South, Range 80 West of the 6"P.M.,
more particularly described at Reception Numbers 722440 and 201325489, in the office of the Eagle
County Clerk and Recorder, 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 within the Existing 20' Overhead Electric Easement shown on Lot 9A on the aforementioned Final Plat.
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#15-22391:52-51: Vail -VV1 , B7, Lots 4,7, 8A, 9A Conversion 9/10/15 i5-22391 Thompson Pi Page 1 of 2
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3799 HIGHWAY 82• P.O. BOX 2150
GLENWOOD SPRINGS,COLORADO 81602
(970)945-5491• FAX(970)945-4081
September 10, 2015
Shaeffer Hyde Construction
Attn: Dennis Thompson
P.O. Box 373
Vail, CO 81658
RE: Vail -VV1, B7, Lots 4, 7, 8A, 9A Conversion
Dear Dennis:
Holy Cross Energy has completed a design and cost estimate for the conversion of existing overhead
power lines to underground for 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:
Total estimated cost of construction as
a non-recoverable contribution $170,000.00
Estimated cost of 2015 construction as
a non-recoverable contribution required
before starting work on the project 60,000.00
Estimated cost of 2016 construction as
a non-recoverable contribution required
once a U.S. Forest Service permit is
acquired 110,000.00
The above figures are only estimates. After the job has been completed, the actual cost of construction
will be determined. The Owner's contribution will be adjusted to reflect the actual contribution required
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.
Our power facilities must be installed on an easement. Please execute and return the enclosed document.
The following conditions are hereby noted:
1. Lot corners or other locations will be provided by the Owner as needed to ensure that our facilities
are installed as shown on the attached sketch.
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. No excavation will be undertaken within five (5)feet of existing underground power lines except
under the on-site supervision of a Holy Cross Energy employee.
A Touchstone Energy'Cooperative 4r '
Shaeffer Hyde Construction
Attn: Dennis Thompson
September 10, 2015
Page Two
4. The route of our proposed underground power line extension must be at final grade and free of
obstructions before power line construction is started.
5. All water lines, sewer lines, or other excavations in conflict with our proposed facilities must be
completed, backfilled and clearly marked before power line construction can be started.
6. 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.
7. 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
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.
8. Secondary voltage available will be 208Y/120, three-phase.
9. 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.
10. It will be the Owner's responsibility to retain the services of a qualified electrician to convert all
the existing secondary electric services form the existing overhead electric transformer(s), to be
removed, to the new pad-mounted transformer(s) and or secondary junction box(es) being
installed for the Project. The work of the electrician will need to be coordinated with Holy Cross
Energy to minimize the length of outages to affected consumers.
11. 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.
12. All residential services must have an outside disconnect accessible at all times to Holy Cross
Energy personnel.
13. The meter housing must be positioned so the meter faces a driveway or road.
14. Low voltage starting will be required on all three-phase motors larger than 25 HP and all single-
phase motors larger than 10 HP.
Shaeffer Hyde Construction
Attn: Dennis Thompson
September 10, 2015
Page Three
15. 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.
16. 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.
17. 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.
18. 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.
19. All Holy Cross Energy rules and regulations will be followed.
20. When Holy Cross Energy is in receipt of the Owner's check in the amount of$60,000.00, all
necessary executed easements, other permits, if required, a completed "Residential Load
Information and Meter Location"form or"Commercial Load and Metering Equipment Information"
form, the executed trench agreement, and the signed original of this letter agreement(below), the
job can be scheduled for construction.
Sincerely,
HOLY CROSS ENERGY
Jeffrey P. Vroom,
Engineering Department
ivroom@holvcross.com
(970) 947-5425
JPV:cw
Enclosure
The above terms and con. tions
are hereby agreed to and accepted
By: - 1� ri..J
Title: c/ 2C4- 14/1,f4.!
Date: V30--/i
W/0#15-22391:52-51: Vail -VV1, B7, Lots 4,7, 8A, 9A Conversion
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FOR TV AND HOLY CROSS 2-4"PVC UM1-35L VAULT P'-'
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INSTALLED RISER WITH UM40430 LID CONDUITS (SEE VAULT 1�
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THIS WILL BE SET ALLO WS,THIS IS AQUIRED „ \ONDUITS INTO EXISTING
NOW TO AVOID WILL BE SET NOW (SEE VAULT SPECS.) STUB CONDUITS AT SWITCHGEAR VAULT
DIGGING IN HERE TO AVOID INSTALL
AGAIN AS IT IS DIGGING IN HERE USFS BOUNDARY 2-4"PVC
UNTIL USFS PERMIT UMl-35L VAULT CONDUITS
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Holy Cross Energy NOT TO SCALE CONTRACT LETTER AGREEMENT SKETCH
Glenwood Springs,Colorado FACILITY LOCATIONS APPROXIMATE Job Name: VAIL-W1,B7,LOTS 4,7,8A,9A CONVERSION W/O#: 22391
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TRENCH,CONDUIT,AND VAULT AGREEMENT ��CL "Et —(5
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This agreement is made and entered into this / day of pl v�--61+�-Fi�w , 20
between MAT ROCKLEDGE, LLC a Kentucky limited liability company, whose mailing address is 10101 Linn Station Road,
Louisville, KY 40223-3848, hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P.
O. Box 21 50, 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 Vail-W1, B7, Lots 4, 7, 8A, 9A Conversion, 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: Lot 3,.Vail Village First Filing, Block 7, Lot 3 according to the Amended
Final Plat thereof, situated in Section 7,Township 5 South, Range 80 West of the 6th P.M., more particularly described at Reception
Numbers 201416510 and 201416926, in the Office of the Eagle County Clerk and Recorder, 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: Lots 9A and Tract A and Rockledge Road, A Replat of a Portion of Block 7, Vail Village First
Filing, and Lot 2 of Raether Minor Subdivision, according to the Final Plat thereof, situated in Section 7,Township 5 South, Range
80 West of the 6th P.M., more particularly described at Reception Number 722440, in the office of the Eagle County Clerk and
Recorder, Eagle, Colorado,AND United States Forest Service property known as Vail Mountain, 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 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 by the Owner and/or work performed at the direction of the Owner. In the event Owner
W/O#1 5-22391:52-51: Vail -VV1, B7, Lots 4,7, 8A, 9A Conversion 9/10/15 15-22391 Thompson JV Page 1 of 3
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
S1,000,000 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.
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.
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. If at any time in the future,the Town of Vail, the United States Forest Service,or any governing body with jurisdiction,or any
of their respective successors and assigns, requires the relocation of any of said Facilities that have been installed within their
respective properties or road right-of-ways, such relocation shall be at the sole cost and expense of the Owner.
11. 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.
12. 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.
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.
W/O#1 5-22391:52-51: Vail -VV1, B7, Lots 4,7, 8A, 9A Conversion 9/10/15 15-22391 Thompson JV Page 2 of 3
Holy Cross Energy,a Colorado corporation Mat Roc e L a ntuck i ited liability company
By: By:
Richard D. Brinkley,Chief Operating Officer r
Title: �-
STATE OF y�/ )
)ss.
COUNTY OF T-±ti )
Thgg foregoing instrument was acknowledged.,before me this c:--;7.5A day of 5 z T ) 7(L1.-- , 20) >by
!-i a,lv( -7111)(1:,.41;11 as ��Lt ,t 1.:// of Mat Rockledge, LIC a Kentucky limited liability company.
WITNESS my hand and official seal. /� �/
My commission expires: O i-9
/, Pu Ii
y �/ 1
y Address: //l'��ln IDS? ��1��
STATE OF
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
Richard D. Brinkley,Chief Operating Officer of Holy Cross Energy, a Colorado corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
W/0#15-22391:52-51: Vail -W1, B7, Lots 4,7, 8A, 9A Conversion 9/10/15 15-22391 Thompson)V Page 3 of 3
Trench, Conduit and Vault Agreement
Holy Cross Energy
'7-7D C'C'/9PA /°-7—(,-
TRENCH,CONDUIT,AND VAULT AGREEMENT
This agreement is made and entered into this 2 fs?N day of SF/Tet146A , 20
between GARY ROSENBACH and SUSAN ROSENBACH, whose mailing address is 107 Rockledge Road, Vail, Colorado 81657-5030,
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 Vail-WI, B7, Lots 4, 7, 8A, 9A Conversion, 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: Lots 4 and 7, Vail Village First Filing, a Resubdivision of Lots 4 and 7,
Block 7, according to the Amended Final Plat thereof,situated in Section 7,Township 5 South, Range 80 West of the 6'P.M., more
particularly described at Reception Numbers 200709527, 200715149 and 201404578, in the office of the Eagle County Clerk and
Recorder, 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: Lots 9A and Tract A and Rockledge Road, A Replat of a Portion of Block 7, Vail Village First
Filing, and Lot 2 of Raether Minor Subdivision, according to the Final Plat thereof, situated in Section 7,Township 5 South, Range
80 West of the 6" P.M., more particularly described at Reception Number 722440, in the office of the Eagle County Clerk and
Recorder, Eagle, Colorado,AND United States Forest Service property known as Vail Mountain, 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 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
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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.
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.
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. If at any time in the future, the Town of Vail, the United States Forest Service, or any governing body with jurisdiction, or any
of their respective successors and assigns, requires the relocation of any of said Facilities that have been installed within their
respective properties or road right-of-ways,such relocation shall be at the sole cost and expense of the Owner.
11. 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.
12. 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.
The individuals signing this Trench, Conduit and Vault Agreement hereby represent that they have full power and
authority to sign, execute, and deliver this instrument.
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Holy Cross Energy, a Colorado corporation Gary Rosenbach
By:
Richard D. Brinkley,Chief Operating Officer
Susan Rosenbach
(
STATE OF (UI )
)ss.
COUNTY OF ..u7)l(va )
•
The foregoing instrument was acknowledged before me this (1 day of " i'0 \DE- y , 20(
by
Gary Rosenbach and Susan Rosenbach as Owners.
WITNESS my hand and official seal. w �"`�-
My commission expires:
Notary Public
SAMANTHA GERSTEIN Address::1)F i. .3 ��"> f ai�)(L
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID#20064039872
MY COMMISSION EXPIRES JUNE 27,2019
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
Richard D. Brinkley, Chief Operating Officer of Holy Cross Energy, a Colorado corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
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Trench, Conduit and Vault Agreement
Holy Cross Energy
HOLY CROSS ENERGY Tri e4 f ( (0-7
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS,that the undersigned,
VAIL HOLDINGS,LLC A Wisconsin limited liability company
(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.0.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:
Lot 9A,A Replat of a Portion of Block 7,Vail Village First Filing,and Lot 2 of Raether Minor Subdivision,
according to the Final Plat thereof,situated in Section 7,Township 5 South,Range 80 West of the 6th P.M.,
more particularly described at Reception Numbers 722440 and 201325489, in the office of the Eagle
County Clerk and Recorder,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 within the Existing 20'Overhead Electric Easement shown on Lot 9A on the aforementioned Final Plat,
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.
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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 MINES;WHERE&Grantor has caused these presets to be duly executed on this "� day of
,2011
The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that hefshe has full power
and authority to sign,execute,and deliver this instrument.
Vail Holdings,LLC A Wisconsin limited liability company
By: AM 46,04/
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0-a/o
, t Title: 4/e/jct�P 7'
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STATE OF /orad() ) X1(1
Aria
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this g day of .Sepfear7,irtr'
20 /S ,by .4)///raur-1 6rrarA-',J as /Jlc*ac3r.r of Vail Holdings, LLC A Wisconsin limited liability
company.
WITNESS my hand and official seal.
My commission expires:/.2hr//S �aa�
Notary Public
Address: / 3 Cr.-de--
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My Commission Expires 12/17/2015
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