05-10-2016 Trench, Conduit, and Vault Agreement Tract A, RiversideEagle County, CO 201608433
Teak J Simonton 06/03/2016
Pgs: 3 01:03:51 PM
REC: $21.00
DOC: $0.00
TRENCH, CONDUIT, AND VAULT AGREEMENT
This agreement is made and entered into this ( 6\_h day of )DoL�s t 20 k6
between TOWN OF AVON, a Colorado municipal corporation, whose mailing a ress is 1 Lake Street, Avon, Colorado 81620,
hereinafter called "Owner ", and Holy Cross Energy, a Colorado corporation whose mailing address is P. 0. 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 Avon Eaglebend Highway 6 UG, 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: Tract A, Riverside, according to the Final Plat thereof, situated in
Section 12, Township 5 South, Range 82 West of the 6 ", P.M., more particularly descried at the Reception Number 408979 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: Colorado Department of Transportation U.S. Highway 6 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 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 #16- 21391: 55 -66: Avon Eaglebend Hwy 6 UG 3/17/16 16 -21391 Hildreth Page 1 of 3 Revised 12/18/15
PLEASE RETURN TO:
HOLY CROSS ENERGY
P.O. BOX 2150
GLENWOOD SPRINGS, CO 81602
shall fall 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
al) 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. 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. If at any time in the future the Colorado Department of Transportation, 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 road right -of -ways, such relocation shall be at the sole cost and expense of the Owner.
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.
W /O #16- 21391: 55 -66: Avon Eaglebend Hwy 6 UG 3/17/16 16.21391 Hildreth Page 2 of 3 Revised 12/18/15
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.
TOW F AVON, a Colorado municipal corporation -a
By:.
STATE OF I ' C-)jj) Q
COUNTY OF
_ i ) ss.
The foregoing Instrument was acknowledged before me this AL' day of 2p-L(lp
by 3--eA le- Fu ,4e -1AP,(- as Mayor of Town of Avon, a Colorado municipal corp ration.
WITNESS my hand and official seal.
My commission expires: 71-7
DEBORAH M HOPPE
NOTARY PUBLIC
!lTATE OF COLORA00
NOTARY ID gQWMB128
11AY COMMISSION EXPIRES JULY 18, 2017
STATE OF CO�ocr,.tc� )
COUNTY OF� .. _.? ss,
Notary Public
Address: lJ f1 t' .a* �-
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00 a c�
Holy Cross Energy, a Colorado corporation
By =�
Davf�akley, Senior anager - ngineering Department
-+r �a_
The foregoing instrument was acknowledged before me this � day of , 20-40,
by David Bieakley, Senior Manager - Engineering Department, Holy Cross Energy, a Colo o corporation.
WITNESS my hand and official seal.
My commission expires: (// (D JgO
Notary Public
Address:
n sue Co cP5 a
W /O #16- 21391: 55 -66: Avon Eaglebend Hwy 6 UG 3/17/16 1621391 Hildreth Page 3 of 3 Revised 12/18/15
Trench, Conduit and Vault Agreement
Holy Cross Energy