06-09-2011 TRENCH, CONDUIT, AND VAULT AGREEMENT HOLY CROSS4D Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager 'Ir
Legal Review: Eric Heil, Town Attorney
Approved by: Sally Vecchio, Assistant Town Manager /Director of Community Development _
From: Justin Hildreth, P.E., Town Engineer iffvP
Shane Pegram, P.E., Engineer II IAO-
Date: June 9, 2011
Re: Resolution No. 11 -11, Series of 2011, A Resolution Approving Ageements With
Holy Cross Energy for The Provision of Underground Facilities on Outlot 3, Lot A,
Avon Center at Beaver Creek, and Tract G, Benchmark at Beaver Creek
C7
•
Summary: Attached to this Memorandum is Resolution No.11 -11, Attachment A, approving
agreements with Holy Cross Energy for relocation of the existing electrical transformer in the Avon
Pedestrian Mall. The agreements include a Trench, Conduit, & Vault Agreement (Exhibit A) and an
Underground Right of Way Easement (Exhibit B). These agreements must be approved prior to
relocation of the existing transformer located at the old bus shelter located on West Benchmark
Road.
Discussion: This transformer is currently located next to the old bus shelter that is planned to be
demolished as part of the Mall Improvements Project. The transformer must be relocated as part of
the demolition of the bus shelter. Staff has selected a location that is not within the area of planned
future special events. Holy Cross has provided an estimate of $15,400 for relocating and replacing
the transformer to the northern edge of the Town's property.
The Trench, Conduit, & Vault Agreement requires the Town of Avon to install the underground vaults
and conduit. Holy Cross will provide the materials and install the transformer and associated wiring.
The Underground Right of Way Easements give Holy Cross the right to access the underground
wiring and transformer for maintenance or upgrades of the electrical service.
Financial Implications: The 2011 Urban Renewal Authority budget includes $200,000 for Mall
Improvements. This work falls within the expenditures planned for the 2011 mall improvements.
Recommendation: Staff recommends approval of Resolution No 11 -11, Series of 2011, A
resolution approving agreements with Holy Cross Energy for the provision of underground facilities
on Outlot 3, Lot A, Avon Center at Beaver Creek, and Tract G, Benchmark at Beaver Creek
Town Manager Comments:
Attachments:
Attachment A: Resolution No. 2011 -11, Series of 2011
Exhibit A to Resolution No. 2011 -11: Trench, Conduit, & Vault Agreement
Exhibit B to Resolution No. 2011 -11: Underground Right of Way Easements for Outlot3 and Tract G
ATTACHMENT A
TOWN OF AVON •
RESOLUTION NO. 11 -11
Series of 2011
A RESOLUTION APPROVING AGREEMENTS WITH HOLY CROSS ENERGY FOR
THE PROVISION OF UNDERGROUND FACILITIES ON OUTLOT 3, LOT A, AVON
CENTER AT BEAVER CREEK, AND TRACT G, BENCHMARK AT BEAVER CREEK
WHEREAS, the Town of Avon (the "Town ") sought a cost estimate from Holy Cross Energy
regarding the provision of underground facilities for the relocation of a transformer in Avon; and
WHEREAS, Holy Cross Energy provided the Town with an estimate of $15,400 for the
installation of the underground facilities; and
WHEREAS, Holy Cross Energy requires the execution a Trench, Conduit and Vault Agreement,
attached hereto as Exhibit A, in order to install the underground facilities; and
WHEREAS, the underground facilities must be installed on Town owned land located on Outlot
3, Lot A, Avon Center at Beaver Creek, and Tract G, Benchmark at Beaver Creek, which
requires the granting of two underground right -of -way easements to Holy Cross Energy.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN •
OF AVON THAT:
1. The Town Council of the Town of Avon hereby approves the Trench, Conduit, and Vault
Agreement with Holy Cross Energy and authorizes the Mayor to sign the Agreement with
Holy Cross Energy, attached hereto as Exhibit A.
2. The Town Council of the Town of Avon hereby approves the Underground Right -of -Way
Easement on Outlot 3, Lot A, Avon Center at Beaver Creek, and authorizes the Mayor to
sign the agreement granting an easement to Holy Cross Energy, attached hereto as Exhibit B.
3. The Town Council of the Town of Avon hereby approves the Underground Right -of -Way
Easement on Tract G, Benchmark at Beaver Creek, and authorizes the Mayor to sign the
agreement granting an easement to Holy Cross Energy, attached hereto as Exhibit C.
ACCEPTED, APPROVED AND ADOPTED June 14, 2011.
AVON TOWN COUNCIL
Patty McKenny, Town Clerk
Rich Carroll, Mayor
is
EXHIBIT A
TRENCH, CONDUIT, AND VAULT AGREEMENT
• This agreement is made and entered into this day of 20
between TOWN OF AVON, a municipal corporation, whose mailing address is PO Box 975, 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 Ped Mall Improvements 2011, 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 G, Benchmark at Beaver Creek, as recorded in Book 274 at Page
701 and Book 527 at Page 677; Outlot 3, Lot A, Avon Center at Beaver Creek -I, as recorded in Book 333 at Page 285 and Book 523
at Page 767, situate in Section 12, Township 5 South, Range 82 West of the 6'" P.M. All records are located In the office of the
Eagle County Clerk and Recorder's Office, Eagle, Colorado, hereinafter called "Property ", which Property is the real property where
the Project is being developed; and,
WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property adjacent
to the Project described as follows: Not Applicable, hereinafter called "Adjacent Land ".
NOW, THEREFORE, Owner and Holy Cross agree as follows:
1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation
of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans approved by Holy
Cross, and performed in accordance with Holy Cross Vault Installation Specifications, Construction Specifications and
inspector requirements. Any deviation from the approved construction plans will not be made unless approved by Holy
Cross in advance. All Facilities installed hereunder shall be inspected during construction by Holy Cross and shall meet all
Holy Cross requirements prior to acceptance of such Facilities by Holy Cross.
a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications and
Construction Specifications and such specifications are made a part hereof by reference.
b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded utility
easements.
c. The top of all conduits installed hereunder shall be located a minimum of 48" below the final grade of the ground
surface.
d. A twelve -inch (12') minimum separation will be maintained between conduits installed for the Facilities and all other new
or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit separation
from plastic gas lines shall be greater than this minimum wherever practicable.
e. Holy Cross will supply the necessary conduit and vaults for Installation by the Owner upon completion of contractual
arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued to and
signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults meeting Holy
Cross specifications for use on the Project and convey such provided material to Holy Cross with an acceptable Bill of
• Sale. After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as the owner of the
conduit, vaults and related structures and facilities.
f. If conduit and /or vault installation provided by Owner for the Project are found to be unusable or improperly constructed,
irrespective of whether such discovery is made during or after installation, Owner will be responsible for correcting said
problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs
resulting from conduit and /or vault installation being unusable or improperly constructed.
2. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform
work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees,
providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected
with its work on the Project.
3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder.
Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken
within five (5) feet of existing underground electric facilities except under the on site supervision of a 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
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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
41,000,000 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.
S. 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.
1 l . 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.
Holy Cross Energy, a Colorado corporation TOWN OF AVON, A MUNICIPAL CORPORATION
By: By:
Richard D. Brinkley, Chief Operating Officer Mayor
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•
le
STATE OF )
• ) 55.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20_, by
as Mayor of the TOWN OF AVON, a municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF )
ss.
COUNTY OF 1
The foregoing instrument was acknowledged before me this day of
Richard D. Brinkley, Chief Operating Office of Holy Cross Energy, a Colorado corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
C7
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Trench, Conduit and Vault Agreement
Holy Cross Energy
is
20 , by
EXHIBIT B
HOLY CROSS ENERGY
UNDERGROUND RIGHT -OF -WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, •
TOWN OF AVON, a municipal corporation
(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:
A property known as Outlot 3, Lot A, Avon Center at Beaver Creek -1, as shown on plat recorded by Book 333 at
Page 285 and as recorded in Book 523 at Page.767, located in Section 12, Township 5 South, Range 82 West
of the 6' P.M., all records located in the office 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 0 0) 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 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: All those of Record.
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.
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•
• IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this _ day of
20
•
•
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.
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
20 , by
corporation.
WITNESS my hand and official seal.
My commission expires:
W/O #11- 21392:50- 67:Avon Ped Mall Trans Move:S -26 -11
TOWN OF AVON, a municipal corporation
__ day of
Address:
Mayor
as Mayor of the TOWN OF AVON, a municipal
Notary Public
11 -21392 Pe9ram Lc Page 2 of 2
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Holy Cross Energy NOT TO Date Section 12 Township 5 South Range 82 West of the 6th P.M. Eagle County EXHIBIT A
Glenwood Springs, Colorado nLOCAMNS 05/20/11 Job Name: AVON PED MALL TRANS MOVE W/O #: 21392 A
• • •
t
HOLY CROSS ENERGY
UNDERGROUND RIGHT -OF -WAY EASEMENT
• KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
TOWN OF AVON, a municipal corporation
(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:
A parcel of land located in Tract G, Benchmark at Beaver Creek, situate in Section 12, Township S South, Range 82 West
of the 6" P.M., as shown on plat recorded at Book 274 at Page 701 in Page 3 of 8, and as recorded in Book 526
at Page 677 of 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 (10) feet of said splice, switchgear and transformer vaults, nor along the
power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches
below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole
opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any
other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of
the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and
free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a
minimum of four (4) feet from non - opening sides and backs of said transformers and switchgear. Grantor hereby agrees to
maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by
Grantee. Said corrections will be made at the sole cost and expense of Grantor.
• Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile
spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation
and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement,
the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface
improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be
responsible for damage to said additional landscaping or surface improvements caused by exercise of Its rights granted by this
easement.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall
be removable at the option of Grantee.
Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances
and liens of whatsoever character, except those held by the following: All those of Record.
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.
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•
IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of
, 20
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.
TOWN OF AVON, a municipal corporation
By:
Mayor
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
20 , by
WITNESS my hand and official seal.
My commission expires:
W /O #11. 21392:50- 67:Avon Ped Mall Trans Move:5 -26 -11
_ day of
as Mayor of the TOWN OF AVON, a municipal corporation.
Notary Public
Address:
11 -21392 Pegram 1.c Page 2 of 2 Revised 4 -5 -1 1
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• • •
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Holy Cross Energy NOFTACLM Date Section 12 Township 5 South Range 82 West of the 6th P.M. Eagle County EXHIBIT A
Glenwood Springs. Colorado MRMI? NS 05/20/11 Job Name: AVON PED MALL TRANS MOVE W/O #: 21392
APPROXIMATE