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Home My WebLink About2009-047-05/19/2009-AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH PLATTE RIVER POWER AUTHORITY RESOLUTION 2009-047 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH PLATTE RIVER POWER AUTHORITY WHEREAS,Platte River Power Authority("Platte River")provides electric generation and transmission service to the City, and to three other municipal members and owners of Platte River; and WHEREAS,the City owns a certain parcel of real estate known as the Richards Lake electric substation in the NW '/4 of Section 33, Township 8 North, Range 68 West of the 6`h Principal Meridian (the "City Property"); and WHEREAS,on March 24,2009,the City Council approved the issuance of a license to Platte River to occupy the City Property pursuant to an Amended and Restated Contract with Platte River Power Authority for the Supply of Electric Power and Energy; and WHEREAS,Platte River occupies the City Property and maintains extensive equipment on the property that is critical to its mission to provide the City with electric generation and transmission service; and WHEREAS,Tri-State Generation and Transmission Association,Inc.("Tri-State")provides electric service to customers in northern Latimer County and has concerns about the reliability of its service to that area; and WHEREAS,Tri-State is proposing to construct an overhead electric transmission line project known as the Richards Lake Substation to Waverly Electrical Transmission Line Project (the "Project',); and WHEREAS,as part of the Project,Tri-State has requested that Platte River install two circuit breakers and a transmission line on the City Property to be owned by Platte River and used for the benefit of Tri-State so that Tri-State may provide more reliable service to its customers; and WHEREAS,the City and Platte River have negotiated the terms and conditions of a second license agreement (the "New License Agreement") that would allow for the installation of the foregoing equipment, a copy of which is attached hereto as Exhibit"A"and incorporated herein by this reference; and WHEREAS,Platte River will pay the City for the value of this additional license in the sum $14, 500 and Tri-State will, in turn, reimburse Platte River for the same; and WHEREAS, at its meeting on March 4, 2009, the City's Electric Board recommended approval of the New License Agreement to Platte River and the installation of the facilities necessary to provide interconnection to Tri-State at the Richards Lake Substation; and WHEREAS, Article XI, Section 10 of the City Charter authorizes the City Council to authorize the use or occupation of any street, alley, or public place,provided that such license shall be revocable by the City Council at its pleasure, whether or not such rights to revoke is expressly reserved in such license. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to execute the New License Agreement, in substantially the form shown on Exhibit "A", with such modifications or additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to protect the interests of the City or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Co o the City of Fort Coll' this 19th day of May A.D. 2009. Mayor ATTEST: Chief Deputy City Clerk EXHIBIT A LICENSE AGREEMENT This License Agreement ("Agreement") is entered into as of 2009, by and between THE CITY OF FORT COLLINS, a Colorado municipal corporation (hereinafter called the "City"), and PLATTE RIVER POWER AUTHORITY, a political subdivision organized and existing under and by virtue the laws of the State of Colorado (hereinafter called "Platte River"). 1. Revocable license: The City grants a non-exclusive revocable license to Platte River upon and in consideration of the agreements, covenants, terms and conditions described below. A I>S 2. Description of License Property: A portion ofM1a,parcel of landlying entirely within the City's electric substation known.a*'s*'chard Lake,atmore particularly described in Exhibit A, attached hereto ("License Property' Nw, 3. Use of License Property: Platte River may use theLicense Propertystb construct, I`��W install, alter, maintain, reconstruct, remove andZrepair improvements (hereinafter referred to as the "Improvementsy") as more fullyid;ascribed below in paragraph 1 I WI and in Exhibits B and C, both attached hereto and incorporated by reference. The purpose of the Improvements is the provision of a transmission interconnection for the benefit of Tri-State Generation anP%Transmissi6h Association, Inc. (hereinafter referred,to as Tri-State Rive,,).fi{Platte r will cooperate with Tri-State in order to allow'T�cr State to obtain any meter information Tri-State requires. If Platte River[setik6eks to mod�ify or add additional equipment to the Improvements, Platte River ma- do so provided that the City first determines in writing that the Q K modifications will not inter-fere,with City operations. titi�h`5�i}5�M1 M1S 4. Construction,and� amtenance: Platte River will, at its expense, construct the r :Improvements T n�accorda ce with the plans and specifications described in Exhibits B and C and shalltbe solely responsible to maintain the License Property and Improvements'in a safe manner to insure the City's usage of the surrounding substationproperty�and facilities for their original purpose. Platte River may temporanly,�u�iliz£,�the northeast corner of the substation, an area not included in the License'Property, to store construction-related materials during construction of the Improvements. When the Improvements are energized by Tri-State, any materials stored in the corner of the substation shall be removed. 5. Commencement Date: The date that this Agreement is made and entered into by the parties. 6. Termination: This is a revocable license that may be terminated at the discretion the Fort Collins City Council at any time. Upon termination of the revocable license contemplated by this Agreement, Platte River shall promptly remove all Improvements and other equipment or facilities placed on the License Property and restore the property to its original condition, all at Platte River's sole expense. 7. License Fees: Platte River will pay fourteen thousand, five hundred dollars ($14,500.00) to the City as full payment for the rights and privileges described herein. 8. Assignment: Platte River's privileges under this Agreement shall not be assignable by Platte River, in whole or in part, without obtaining the City's prior written approval. ��*1 9. City's Address: x Original to: City of Fort Collins Utilities ~ P.O. Box 580 Fort Collins, CO 80522 ATTN: Utilities Executive,,Director v With a copy to: City of Fort Collins 3 ,. City Attorney's Office, P.O. Box 580 Fort Col ins,.,O 80522 10. Licensee's Address: % '"General Mana'er V n%X g. Platte River Power Authority ti 2000 East Horsetooth Road Fort Collins, COT 86525 0 11. Inivrove me-n t'sZn,`kThe following is a general description of the Improvements: the addition of two l'-SkV circuit breakers, four switches, associated bus work, and foundations and control systems. A diagram reflecting the intended design and configurationof the�Improvements is illustrated on Exhibit B. 12. InsurNnc *SN�During 'h*e term of this Agreement, Platte River shall purchase and maintain generplliability coverage in connection with the Licensed Property, including all imorovements thereon, in the amount of One Million Dollars ($1,000,000:00). The City shall be named as an additional insured on all such policies. All insurance required hereunder shall be issued by an insurance company authorized to do business in Colorado which meets all of the requirements of the Division of Insurance for that purpose. Upon execution of this Agreement, Platte River shall provide to the City proof of the required insurance and thereafter, at such times as the City requests proof of the required insurance. Additionally, if insurance coverage is modified or switched to a different carrier, Platte River shall notify the City in writing ten days in advance of such action. 13. Indemnification: Platte River agrees, to the extent authorized by law, to indemnify the City and its respective officers, employees, agents, contractors, invitees, licensees, customers, and visitors (individually and collectively, "Indemnitees") from and against all losses, liabilities, claims, demands, suits, damages, costs and expenses that are incurred by or asserted against Indemnitees arising out of or connected in any manner with the acts or omissions of Platte River or Tri-State, their officers, agents, contractors, or employees or such persons' presence upon or performance of activities with respect to the License Property. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the date first written above. THE CITY OF FORT COLLINS, COLORADO By: Name: Darin Atteberry , Title: City Manager APPROVED AS TO FORM BY: Assistant City Attorney Lk City of Fort Collins ATTEST: City Clerk City of Fort Collins LICENSEE. , PLATTE RIVER s By: Name: Brian Moeck Title: General Manager of Platte River Power Authority RY4+xµ8/i nnru....u...uri •�— rar�w�.�� nm��v.^r.uii�.i''"u UiH.tO.o u0fMNf� h ----- ---- 1 k "^ PLATTE RIVER POWER AUTHORITY ® .C IUPSE I.T. Pu.. n CM, NS. CnDRAM Bosa RILNARD LAKE 115WW BDBSIAt1ER! PLAN VIEW o: MtE RCVISI W�SANO PCCryiO OC ISSUE BYC NV A+.rrOrtP RI{MNIB[I"v � 0 ?b1Na4EW.iXIAOIZI- iTOCOUNTY 0 115KV TO LINDEN TECH 115KV TO WAVERLY B 340' NI 10! E� 0.2 103 F7 A/ C� C/ CO B/A/ 5A(1'YR.1 FIId 0.2109 G HMPI H 4j,F0j C F E E E E ni 5W 241 NOD OH MOO W SW sal E E CC T WAVE F F FC[pT A/ONLT F F F CLv.T1NNVETFUIP C C ccv.TMa( OCB RAF OCD cGVT AI ONLT s 5 1 5 4 Z E IXR ccvT ITrr.l F F [ F 5 5 A F F F 5 F F 4 A F F F ]WYI SWy! W1GI ]W OL! • 5WSL1 BWSL F FF 5 F.0 FDxdo! 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