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Home My WebLink About20132884.tiffRESOLUTION RE: APPROVE AGREEMENT FOR THE PROVISION OF A TEMPORARY CONSTRUCTION EASEMENT FOR RECONSTRUCTION OF A PIPELINE, ACCEPT COLLATERAL, AND AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN PIPELINE SYSTEM, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Provision of a Temporary Construction Easement for Reconstruction of a Pipeline between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Rocky Mountain Pipeline System, LLC, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Surety Bond RLB0015322 from RLI Insurance Company, 8 Greenway Plaza, Suite 400, Houston, Texas 77046, in the amount of $1,500,000.00, which shall remain in effect for a period of two (2) years after inspection of the project following construction, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Surety Bond as stated above, copies of which are attached hereto and incorporated herein by reference NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the Provision of a Temporary Construction Easement for Reconstruction of a Pipeline between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Rocky Mountain Pipeline System, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED that Surety Bond RLB0015322 from RLI Insurance Company, 8 Greenway Plaza, Suite 400, Houston, Texas 77046, in the amount of $1,500,000.00, be and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 3973536 Pages: 10/24/2013 04:11 PM Ste e M erk anSL ■11 1� ti: �l 1 of 25 R Fee:$0.00 'ill!, Millie -117 -1 4 j toitS tam ,a R.- tr* t°lts Coo tv C ■1111 3975468 Pages: 1 of 29 11/04/2013 11:07 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III �i�.rF;}� �IJ}I�trl+u�'�� k�k'�GF ih'rVf1W h lL Ili, IN I 2013-2884 EG0068 BC0045 TEMPORARY CONSTRUCTION EASEMENT- ROCKY MOUNTAIN PIPELINE SYSTEM, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of October, A.D., 2013. BOARD OF CQUNTY COMMISSIONERS WELD COU LORADO ATTEST rw a.. SaL.,y,`% -.X.. Weld County Clerk to the Board EXCUSED Douglas Rademacher, Pro-Tem William F. Garcia, Chair Sean P. Conway AP Mike Freeman ounty Attorney aarbara Kirkmeyer 0CT 2 2 20 Date of signature: 3777/32eia 041119PM 2 of 25 der. We lIIIM!P.11:lrt!i'i1411,l4F,ElidlEi1�IJ4:111 iAFr.aii,III 3975468 Pages: 2 of 29 11/Steve 04/2013 Moreno, 1 Cle07 rk and Recorder, O Weld County, CO 1111 M!�1l:}fil��lfh�l+IiY.F'�LI �r�Uhtii�l�hr''`+11i$%114, !I III 2013-2884 EG0068 BC0045 AGREEMENT FOR THE PROVISION OF A TEMPORARY CONSTRUCTION EASEMENT FOR RECONSTRUCTION OF A PIPELINE, BETWEEN ROCKY MOUNTAIN PIPELINE SYSTEM L.L.C, AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /O day of October, 2013, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "Owner," and Rocky Mountain Pipeline System, LLC, a Delaware limited liability company, whose address is 333 Clay Street, Suite 1600, Houston, Texas, 77002, and whose Colorado registered agent is Corporation Service Company, whose address is 1560 Broadway, Suite 2090, Denver, Colorado 80202, hereinafter referred to as "RMPS." WITNESSETH: WHEREAS, Owner owns real property, which is described in Exhibit "A", a copy of which is attached hereto and made a part hereof by this reference, and WHEREAS, RMPS owns a petroleum products pipeline licensed by the Federal Energy Regulatory Commission, a segment of which is located within an easement on Owner's property and which pipeline was impacted by recent flooding, (a copy of this License is provided as Exhibit B, and is attached hereto and made a part hereof by this reference), and WHEREAS, RMPS finds it necessary to replace the impacted segment of pipeline, which will involve boring beneath the surface of Owner's property and re -installing its pipeline in an area adjacent to and in close proximity with Owner's water storage facility, known as the Hokestra Pit, (the re -boring and re -installation engineering drawings are depicted in Exhibit "C", a copy of which is attached hereto and made a part hereof by this reference), and WHEREAS, RMPS will require a Temporary Construction Easement which is described in Exhibit "D", a copy of which is attached hereto and made a part hereof by this reference), in order to bore and install the new pipeline within its current easement, and WHEREAS, Owner wishes to cooperate with RMPS in the completion of its efforts to re- bore and re -install its pipeline, (hereinafter referred to as the"Pipeline Project"). NOW, THEREFORE, the parties herein agree as follows: OWNER'S RESPONSIBILITIES: 1. Owner agrees to transfer to RMPS the Temporary Construction Easement shown and/or described on Exhibit "A". 3973536 /24/20 5 v en rk a e Count CO !P1!':tiw!I+�IYlil4 L�,11d?4'10i III 3975468 Pages: 3 of 29 11/04/2013 11:07 R11 R Fee:$0.00 Steve Moreno., Clerk and Recorder, Weld County, CO rd kV F hti4fiJk'1tilNlldY� h tl III Pages: 3 of 25 04: `1 R Fee:$0.00 2013-2884 2. Owner warrants that it is the owner of the Temporary Construction Easement. 3. Owner agrees to grant the Temporary Construction Easement to RMPS, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 4. This Temporary Construction Easement shall commence on October 12, 2013, and shall expire and be of no further force or effect on October 31, 2013, or upon the completion of the Pipeline Project, whichever is earlier. 5. Owner shall not, during the term of this Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit A which may interfere with RMPS's full enjoyment of the rights hereunder; this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to RMPS's temporary reasonable and proper use of said easement. 6. Owner shall retain the mineral estate associated with the Temporary Construction Easement interests, and shall also retain any water rights currently attached to or associated with the Temporary Construction Easement. 7. This Agreement shall serve as complete evidence of the terms contained herein and the parties specifically agree that no additional documents are required to reflect the rights granted herein by Owner to RMP S. RMPS' RESPONSIBILITIES: 1. RMPS shall pay for the cost of obtaining title insurance if RMPS desires to obtain title insurance for the Temporary Construction Easement. 2. RMPS shall not engage in any construction activities, including, but not limited to reboring activities within twenty-five (25) feet of Owner's water storage facility. 3. RMPS, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit A to a level comparable to its original condition. 4. RMPS shall notify Owner's Department of Public Works 24 hours prior to commencing any work and within 24 hours of the completion of the Pipeline Project. 5. Owner reserves the right to make or to require RMPS to make changes, additions, or repairs, or to remove and/or relocate the pipeline if said pipeline or the installation of said pipeline damages Owner's water storage facility. Any removal or relocation shall be at the sole expense of RMPS. Agmt for Purchase of Temp Easement-RMPS Page 2 3973536 Pages: 4 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve eno, Clerk andAIR" '' Weld County, CO 'd ' "IA lI III 6. RMPS, or its contractor, shall secure and maintain insurance policies and/or provide proof of adequate self-insurance that will protect itself, its subcontractors, and Owner from claims for bodily injury, death, or property damage, which may arise from the installation and/or construction contemplated herein, or caused by the facilities which are installed and/or constructed as permitted herein. Weld County, Colorado, the Board of County Commissioners of the County of Weld, its officers and employees, must be named as an "Additional Named Insured" in all liability insurance policies. The following insurance policies and/or proof of self insured amounts shall be delivered to the Weld County Public Works Department: 2 4,a , o�^ maw mw - co •3f NtLr v o "w ° _= a 0 __S to . • ta o, o mv4 mn mm"c No mw= m M-�w- (i) Statutory Worker's Compensation. s public liability and property damage in the followings: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,500,000 Each accident $1,000,000 Aggregate $2,000,000 Automobile nubile liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 7. RMPS shall provide a surety bond for in the amount of One and one-half Million and no/I00 Dollars ($1,500,000.00) the total amount required to restore any damage caused by RMPS and/or its contractor for all activities related to the construction and maintenance of this Project. Said security shall remain in effect for a period of two (2) years after Owner's inspection of the Project following construction. Whether or not covered by a bond, RMPS shall reimburse Owner for any and all expenses incurred Owner within two (2) years after completion of any work, as a result of, or related to, failure by RMPS to perform all installation, construction, maintenance or other work related to this Temporary Construction Agreement in a workmanlike manner. 8. RMPS or its contractor shall be responsible for locating all existing utilities on the Temporary Construction Easement. RMPS shall contact the Utility Notification Center of Colorado (UNCC) at 811 or 1-800-922-1987 in advance of digging. RMPS must remove all utility locates such as flags and marker pins from the Temporary Construction Easement once the construction is complete. 9. No culverts, irrigation structures, drain lines, utility lines, or any other facilities within the Temporary Construction Easement are to be cut or damaged. In the event RMPS damages an existing facility, RMPS shall first notify the owner and either immediately repair and replace the damaged facility or pay the owner to repair and replace the same in accordance with the desires of the owner. Agmt for Purchase of Temp Easement-RMPS Page 3 3973536 Pages: 5 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, Co ■aanall■LLLJ.JIA4 IlI n 10. Except when caused by the negligence of Owner, RMPS shall indemnify and save harmless Owner, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them arising by reason of RMPS' negligence with respect to the upgrade and maintenance of the Temporary Construction Easement. RMPS further agrees to protect Owner and save and hold it harmless from any and all third party claims and damages that the installation and/or maintenance of RMPS' facilities may directly or indirectly cause. Additionally, RMPS releases Owner, its successors, assigns, employees, and agents from any and all claims and damages to property owned by RMPS resulting from any act, either on the part of the Owner or on the part of any third party. 11. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this License shall be deemed valid and enforceable to the extent permitted by law. 12. Owner's Department of Public Works shall have the authority to suspend work performed by RMPS or its contractor, wholly or in part, because of the failure of RMPS or its contractor to properly execute the work in accordance with this Agreement or because Owner believes that a violation of this Agreement has occurred or that there is a danger to the public safety if the work continues. MB iffi V o3 o - co71; a, •3 N yiL o wad LL O_0) IOa wu II ja- m0-00 ry n of " c -_u &ONo it ag N5,9 >=_ en -. MISCELLANEOUS 1. Although the date of the transfer of the Temporary Construction Easement shall be the date of Owner's execution of this Agreement, it is expressly agreed by the parties hereto that immediately upon execution of this Agreement by Owner, RMPS, its contractors, agents, employees and all others deemed necessary by RMPS shall have the irrevocable right to possess and use said Temporary Construction Easement for the purposes of constructing the Pipeline Project and for its daily operation, access and maintenance during construction. This conveyance shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said project, including the rights of entry upon, passage over, and storage of material and machinery upon such Temporary Construction Easement as may be useful and necessary. 2. This Agreement and the transfer of the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inuretothebenefitofand be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. Agmt for Purchase of Temp Easement-RMPS Page 4 3973536 Pages: 6 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 3. No term or condition of this contract shall be construed or interpreted as a waiver. express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made nor authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein. This Agreement embodies all agreements between the parties hereto and there are no oral or written promises, terms, conditions, or obligations referring to the subject matter addressed herein other than as contained in this Agreement which shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Rocky Moun - P' ' cline System, LLC By: Name: George N. Polydoros, Jr. Title: Vice President /o 5 (3 Date 3975468 Pages: 7 of 29 11/04/2013 11:07 AM R Fee:$0.00 Steve Moreno, Clerk rkand + Recorder, T1Weld11401County', CO 1 V Ecip �i��lim)l�l1 �11,1��■11�1\I I1��11 Agmt for Purchase of Temp Easement-RMPS Page 5 3973536 Pages: 7 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld L`Cou�n�t�y�,] �C�O�' 1 I 1 I ( I �11.1�1�i1� III BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the B e and Af ifr rrt BY III/..1. 4 William F. Gat6ia, Chair Deputy Cle <to the Board r 3973536 Pages: 8 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ill pr1C'P tiittUri till !IF:Yy 4441Il OCT 1 0 2013 Agmt for Purchase of Temp Easement -AMPS 3975468 Pages: 8 of 29 11/04/2013 11:07 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County CO ■IIIM!��P}IK Ir�l�ifi�'tirll t�hiy�Fill�� FiAY4rh 11111 Page 6 EXHIBIT A Legal Description of Weld County Property (see attachments for detailed description) NE4NE4, Section 2, Township 3 North, Range 68W of the 6th P.M. SE4SE4, Section 35, Township 2 North Range 68W of the 6th P.M. 3975468 Pages: 9 of 29 11/04/2013 11:07 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III Mifi.or Gi cwii1�4ti'� 3973536 Pages: 9 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ttnrunmithirowitegttrrainr EXHIBIT A ATTACHMENTS 1,2,3.and 4 LEGAL DESCRIPTION Co U O U 1-7 oW 03 ox v> a O • rx W 0 ..� Lo w CO CO U CO ▪ Z r1 H a(I) v D r-i r'1 re co N d 0 UG4' aAC rein o- rti r- r-+ C044 A parcel of land being part of the Northwar.t Quarter cf t:Ic Northeast Quarter•(NW1/4 NE1/4) of Section 2, Township hort:i, Range 68 West of the 6th Principal Meridian, also part cf the Southwest Quarter of the Southeast Quarter (SW1/4 :;11!') of Section 35, Township 3 North, Range 6B West of the 6th Pi ir,ci •,.:1 Meridian all in Weld County, Colorado and being more par.L:cula:!y described as follows: BEGINNING at the Northeast Corner (NE Car) of said NW1, 4 NE1 •4 and assuming the North line of the Northeast auarter (I:F1: ) •f said Section 2 as bearing North 69.'23'22" East with ell c•t •:•:r bearings contained herein re1Ft•_vo thereto: Thence South 00°50'30" West along the East line cf s.,: NW i 4 NE1/4, 562.62 feet to a point on the North bank of the Chance Ditch; Thence along the North ban:: of. :aid Last Chance E'_tct: . }• following one (1) course and distance South 7'°16'43" West, 565.98 feet Thence North 00°19,'01" West, 831.18 feet; Thence North 66°16'12" East, 158.76 feet; Thence North 17°21'01" West. 645.35 feet to a aoint on •.he Sc•;'.:. bank of the St. Vra:in River ae: wt existed on ('n ember .L . l C7: Thence along said South bank by the following one (1) course ,lid distance North 66°53'23" East, 168.20 feet Thence South 12°37'56" East, 610.89 feet; Thence North 74° ] 7' 35". Ea t, 341.36 feet to a point on tne E, _ line of said SW1/4 SEL/-I; Thence South 00°21'24' East along said Ear._ line, 237.0:. feet the POINT OF BEGINNING. Said described parcel of land contains 13.531 acres. :._ less, and is subject to any rights -of -way or Dther easements granted or reserved by instruments of record )r as now F. r.ist :n;I on said described parcel of land. 3975468 Pages: 10 of 29 11/04/2013 11:07 alnd Recoee $0.D0 County, CO Steve Moreno, Clerk Ir ` e■ I i� Ili l` IL 'AV o I 516 Iy I`I i i 0h10 4, ®1 II 39 Ira 6 Pag 10 of 25 013 04:1 ee: 1- k and Recorde-, Wed County CO I hr EXHIBIT "1" III 0 .w LEGAL DESCRIPTION A parcel of land being part of the Northwest Quarter ::f the Northeast Quarter (NW1/4 NE1/4) of Section 2, Township 2 Mortn, Range 68 West of the 6th Principal Meridian, also part of t r;-:• Southwest Quarter of the Southeast Quarter (SW1/4 SEI/4) ':,f Section 35, Township 3 North, Range 68 West of the 6th Pr.nc.ii.ii Meridian all in Weld County, Colorado and being more parti:.ulat1y described as follows: BEGINNING at the North Quarter Corner N1/4 Cor) of said and assuming the North line of said Northeast 0uartor (!"E '41 f said Section 2 as bearing North 89°23'22" East with r _ _ ct:.c = hearing contained herein relative thereto: Thence North 00°34'29" West along the West lne of said SW:.4 SE)./4, 555.90 feet to the centerline of the muin channel ':f • e St. Vrain River as it existed on December 16, lc)87; Thence along the centerline of said St. Vrain Rver as it eisid or, December 16, 1987 by the following one (1) course and d_stane a North 66°46'37" East, 1421.21 feet to a point on t.i Ens.t line of saidSW1/4 SE1/4; Thence South 00'21'24" East along said East linca, 765.34 feet: Thence South 74°17'35" West, 341.36 feet; Thence North 12°37'56" West, 610.89 feet to a point on t.h Crew•:•, bank of the St. Vrain River as it existed on December 16, 1987; Thence along said South bank as it existed on December 3, by the following one (1) course and distance South 66°53'23" West, 168.20 feet; Thence South 17°21'01" East, 645.35 feet; Thence South 68°18'12" West, 158.76 feet; Thence South 00"19'01" East, 831.18 feet to a point on the No:••.)•, bank of the Last Chance Ditch; Thence along the North bank of said Last C lance Ditch by he following two (2) courses and distance South 45007'44" West, 206.14 feet; South 64°50'03" West, 669.34 feet to a Joint on the Wrest line of said NW1/4 NE1/4; Thence North 00°42'00" East along said West lne, 11.47.3E f•�(•t to the POINT OF BEGINNING Said described parcel of land contains 36.23; acres, sore or less, and is subject to any rights -of -way or Dther easements as granted or reserved by instruments of records or as now E;cisting on said described parcel of land. 3975468 Pages: 11 of 29 11/04/2013 11:07 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO B0I1 rjP:MINK 11 III EXHIBIT "2" LEGAL DESCRIPTION 00 rc U 0 rn0 u A a cfs] o of yr A 0 U COIX os ca to A4 co C) co z •-1 H r1H otn a .�-+W Gc, N 2 4-4 N Ri 0 N W c: P') N CO rri r1 N N 0 re ri4 A parcel of land being all that part of the Northeast Quarter :.. the Northeast Quarter (NEI/4 NE1/4) of Secti)n 2, Towns•hi: North, kange 68 West of the 6th Principal Meridian, also part (. the Southeast Quarter of the Southeast Quarter (SE1/4 ::F1/4) ._ Election 35, Township s North, Range 68 West of the hth Prince•... Meridian all in Weld County, Colorado as recorded on Novemaer , 1987 in Book ].175 under heceptaon Number 02120''63 of the race .... of the Weld County Clerk and Recorders lying Northwesterly .rl..: Northerly of the following described line, ohich is tha Ro •. bank of the Last Chance Ditch and being more pacr-. cuia: describd as follows: BEGINNING at tale Northwest Cornt:r (NW Cor) of .:yid NE1/4 I":.'•7 ... monumer,ted by a *4 reer with aluminum cap .stamped e:....:' assuming the West Line of. :said NEI/4 NE1/•1 as bear:.c; .,o. 00016' best as indicated in aforesaid legal deg.• riptic.n, t...... . . other bearings contained fr=t•ein relative turret.): Thence South 00'16' West along said West line. 562.6 :eat t. point on the Northee to:. ] y bank of the :;aid ;,ast Chance Said j.•L.i.nt being Inc TRUE POINT OF BEGINNING o; :.as_ .% Thence „lone glee Northwesterly and Northerly line a1. ..,:1 L.. . Chance Ditch by t:he following three (3) course:. and t',1_:t.ir._ea• North 49°01' East, 290.5 feet Ncrtn 72°03' East, 201.1 feet South 8e° 11 feet, more or le_._ to a L.. I::,i.at .yrores:aacl description. `:a1.4 p. int hi-: TERMINUS POINT of said L . r:.c• cli•:ac;r i ption . Said dea:critx:•:) parcel of :arid contains 5.9 ac.:e_, ml:.r•e• cr ie:. , and is :;ubject to .any r.q],t -ot-way or other ea.3eriunts a:•: feat:`.• or reserved by instruments o.t record or as no'J existinn .n desscribed parcel of land. 3975468 Pages: 12 of 29 11/04/2013 11:07 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■ill 1��1:1 '' ��N�P,N1 .'�� Fti�r l l,1'KY1; �I 11111 3973536 Pages: 11 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve Moreno, Clerk aria Recorder, Weld Caunty CO ,1I I II 11 I I I I I I EXHIBIT "3" LEGAL DESCRIPTION 00 0 c0 o C�z7 03 0a W O U ma 0 co .~ tx m,4 m L� oz N H W 0u) 4.1 rrk, Co NZ •-+z N O ram CO .i r r- .-4 � W A parcel of land being all that part of the Southeast Qua: t er the Southeast Quarter (SE1/4 SE1/4) of Section. 35, Towrc&hi; , North, Range 6E1 West of the 6th Principal Meridian, Weld County, Colorado as described in Book 532 under Reception Number :'.'53S8e as recorded May 16, 1978 in the: records of.the Weld Count; Clerk and Recorders and being that part of said parcel of lane. lying Southeasterly of the centerline of the main channel of he Vrain River as it existed on December 16, 1987. The centerl:ne r: the mainch.tnr,el of said St.. Vr.ai.n River being more kart t: :.al • described as follows: BEGINNING at the- Northwest Corner (NW Cor) of said SE/1: monume=ented by a 44 rebar with aluminum cap stamped 11114:S an assuming the West line of said SE1 /4 SE1/4 as bearin'; ::you- • 00°16' West as indicated in aforesaid legal description w -:-h other bearings contained herein relative thereto: Thence South 00°l6' West along said West line, 235.9 fee: __ _ point on the centerline of the maim channel of said ,'t :rr•• :. River. Said point being the TRUE POINT OF BEGINNING of sa.c J.:.,• description: Thence along the centerline of tie ma.cn channel o] said .. _ . V., . River as it existed on December 16, 1987 by the fol!owln•r t:,r (3) courses and distances North 75*2' East, 34.3 feet North "'1` 1F East,. ._._E: feet North 54°37' East, 115 feet, more or less, to a p _... : . the Nert:•, of .:aie ..Ti/4 S!1/4. fiaid point l.f'.,,.:: r .. TERMINUS POINT nt said ; in'. cier:c^ript:Lcr:. Said pare:el of Jand contains 19 acres:, more or terms, ._r•.ci .. subject to any rights -of -way or other easements as granted or reserved by instruments of record or as not, existing 'Jr: sate* described parcel of land. Pages: 13 of 0 00 11/04/20131 4 97 AM R Fee:$0.00 Weld County, !!to{{�� j�� ,�"� Steve Moreno, 1Cierk and RBfl�r<14f7ffi��1l�ttr;l�'li �'I'n ll ltll t��rlArt� i'��t�'�4�V+� 890931 EXHIBIT "4" EXHIBIT A ATTACHMENTS 1,2,3,and 4 LEGAL DESCRIPTION OO U 0 ^O U CD Ca CD o nG (1)•w Iz 0 co CL co �+x co :.J coz • 1-4 tee{ OC s r)Oo W N < U R: co •-i .- r. .a 0 mtu A parcel of land neing part of the Northwest Quarter cf t:le Northeast Quarter (NW1/4 NE1/4) of Section 2, rownship Norte, Range 68 West of the 6th Principal Meridian, also part cf t! Southwest Quarter of the Southeast Quarter (SW1/4 !;E•1!,) •:+f Section 35, Township 3 North, Range 68 West of the 6th Meridian all in Weld County, Colorado and being more part.:cila:ly deacribed as follows: BEGINNING at the Northeast Corner (NE Cor) or said NW1,4 NE!•4 and assuming the North line of the Northeast auarter (PF1/4) •f said Section 2 as bearing North 89'23'22" East with ell c.t •:':r bearings contained hereie relet..ve thereto: Thence South 00'50'30" West along the East line of s.t;i NWi 4 NE1/4, 562.62 feet to a point on the North bank of the L.,:•t Chance Ditch; Thence along the North bars:: of raid Last Chance E'_tch _y :ee following one (I) course and distance South 7'16'43" West, 585.98 feet Thence North 00' 19,'01" West, 931.18 feet; Thence North 68'18'12" East, 1`•8.76 feet; Thence North 17'21'01" West. 645.35 feet to a point on •.he Se;•.e bank of the ;:t. Vrain River as et exl:-ted on 0eiomber 1:. 1C7: Thence along said south bank by the following ote (1 ) course ,)od distance North 66'53'23" East, 168.20 feet Thence South 12'37'56" East, 610.99 feet; Thence North 74' 37' 35". E.a t, 341.26 feet to a point en tn_ E. ,ee line of said f;WLi 4 SG:./4; Thence south 0O'2l':.:-i' East alor. said East lire?, 33%'.O:. E::et • the POINT OF BEGINNING. :.aid described parcel of land contain= 13. 531 acres, mire e less, and is subject to any rights -of -way or Dther easements granted or reserved by instruments of record )r as now F.•r.ist ;n.I on said described parcel of land. 3973536 Pages: 12 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder; We!County, CO untrwyrymkivitromPritteivivi EXHIBIT "1" 3975468 Pages: 14 of 0 00 Steve Moreno, 0 4/2013 lClerk and Recorder, Weld County, CO 11111 f tly.1,11OAtili< Mil1itii1.40 Wile! Ayi,1l 111 LEGAL DESCRIPTION rz ore Thence South 74°17'35" West, 341.26 feet; W Thence North 12°37'56" West, 610.89 feet to a point on the Scut. v.= bank of the St. Vrain River as it existed on December 16, 1987; et re Thence along said South bank as it existed on December ] 1'l' 7 el D.4 ao by the following one (1) course and distance `qz r South 66°53'23" West, 168.20 feet; 0N Thence South 17°21'01" East, 645.35 feet; Thence South 68°18'12" West, 158.76 feet; UM A parcel of land being part of the Northwest Quarter ef the Northeast Quarter (NW1/4 NE1/4) of Section 2, Township 2 fortn, ov Range 68 West of the 6th Principal Meridian, also part of 1 r:=:• o Southwest Quarter of the Southeast Quarter (SW1/4 SE1/4) cf e. CO Section 35, Township 3 North, Range 68 West of the 6th Pr.neei;•i rJ Meridian all in Weld County, Colorado and being more parti::ulatly q described as follows: a oW o'e BEGINNING at the North Quarter Corner N1/4 Cor) of said .?e :ior. _. row and assuming the North line of said Northeast. ()uarter ('�`F L '4) ` Q said Section 2 as bearing North 89°23'22" East with a1: ct:.•: Mbearing contained herein relative thereto: O a) m Thence North 00°34'29" West along the West l:_ne of said SW_:4 o SE1/4, 555.90 feet to the centerline of the mein charm;] -:i • ::e ko St. Vrain River as it existed on December 16, 1')87; re % Thence along the centerline of said St. Vrain Revor es it eeislcd o on December 16, 1987 by the following one (1) course and d_stari 00 u North 66'46'37" East, 1421.21 feet to a point on the- Eaet co z line of said SW1/4 SE1/4; '-rr1 Thence South 00°21'24" East along said East line, 765.34 feet: Thence South 00°19'01" East, 831.18 feet to a :point or. the No:' •.h bank of the Last Chance Ditch; Thence along the North bank of said Last C )ante Ditch by -ho following two (2) courser and distance South 45°07'44" West, 206.14 feet; South 64°50'03" West, 669.34 feet to a point or. the Weet line of said NW1/4 NE1/4; Thence North 00°42'00" East along said West line, 1147.38 feet to the POINT OF BEGINNING Said described parcel of land contains 36.235 acre=, more less, and is subject to any rights -of -way or ether easements ,as granted or reserved by instruments of records or as now euisting on said described parcel of land. EXHIBIT "2" 3975468 Pages: 15 of 29 11/04/2013 11:07 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■111 fi��P1L'� �r 'Ih �J I� G'�'��F' i@ i:I �<<R��'��Y��11111 LEGAL DESCRIPTION OO r+ U 0 CA O U o o o G4 cr> ci 0 O U W ao x 0 w a ca co CD to � r � M C*. CO N Z Z N Q O N U c: r� N C - 1 o A parcel of land being all that part of the Northeast Quarter ;.. the Northeast Quarter (NE1/4 NE1/4) of Section 2, Townshi: North, Range 6£i West of the 6th Principal Meridian, also part c.f the Southeast Quarter of the Southeast Quarter (SE1/4 ::E1/4) Section 35, Township 3 North, Range 68 West of the 6th f•r;.nc3,... Meridian all in Weld County, Colorado as recorded on November 1987 in Book 1175 under Reception Number 02120_'63 of thr• reco .... of the Weld County Clerk and Recorders lying Northwesterly .ri..: Northerly of the following described line, which a G e.t.a Vc:• * ' . bank of the Last Chance pitch and being more par-..uia: descried as follows: BEGINNING at the Northwest Corn«r (NW Cor) of :: iid NE1/4 i't monumer,ted by a #•l re;,ar with aluminum cap Stamped 1:....•;:" assuming the Ws:s4t line of. said NE1/4 NE1/4 as bear..r.; .c . 00'16' best as indicated in aforesaid legal des•rripric,n, a . t:. . . other bearings contained rrr_ r•etn relative then et•D : Thence South 00'16' West .long said West line. 562.6 ; est t. point on the Norther sts:r l y bank of the: said .a. t Chuuui:• :..t :... Said pL-int bete+g twee TRUE POINT OF BEGINNING of :.. arecrip :1cn; Thence .,long t:uo Narticwecter•ly and Northerly tine o;. ,...3 L,. Chance Ditch by the following three (3) cour_:es and c',ic:t..r._e. North 49°O1' East, 290.5 feet North 72'Os' East, 201.1 feet South 88' 11' Erase, feet, more or lez.1%; to :__... Ea:.t bile• arorosa1c lerf _ description. TERMINUS POINT of naid ? ..::t dvac:ri pti.n . Said described pe,rc is of ;and contoini 5.n ac.:es, m.'.r•e• c r , and le :subject to any r►ght••or-way or other ea.;ement:: a:: grass•.• : or reserved by instruments of record or as rtioa existinci ;;r, c•.:: described parcel of land. 39 �6 _ P_ -es: 13 of 25 M R F-•. 9.00 la Roc I! EXHIBIT "3" 3975468 Pages: 16 of 29 11/04/2013 11:07 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, weld County, CO 1!!I crIV rriiii:AIIRiii.01,0,Iik li'VA MAO, III LEGAL DESCRIPTION A parcel of land being all that part of the Southeast Oua:ier `. the Southeast Quarter (SE1/4 ;;E1/4) of Sectioi. 3$, Tow:;:: Yii.p North, Range 61 Wert of the 6th Principal Meridian, Weld County. Colorado as described in Book 832 under Recepticn Number :'=S3$1 as recorded May 16, 1978 in the records of the Weld County Clerk and Recorders and being that part of said parcel of lane. lying Southeasterly of the centerline of the main channel of he Vrain River as it existed on December 16, 1987. The center'.:ne '•: the maittchanr,ei of said St. Vrain River being more parti: ;.at. • described as follows: BEGINNING at the Northwest Corner (NW Cor ) of s::iG SE/1 4 :;:::!. monumented by a ;t4 rebar with aluminum cap stamped h11415 1 }. ac. assuming the West line of said SE1/4 SE1/4 as bearing; Sou-. 00°16' West as indicated in aforesaid legal description w -h ,':: other bearings contained herein relative theretc: Thence South 00'16' West along said West line, 225.9 fe_•7 =. point on the cenerline of the main channel of said .. t Vr. .. River. Said point t•ninq the TRUE POINT OF BEGINNING of s••u.< ..., description: Thence along the centerline of tn& maan channel of said River as it existed on December 16, 1987 . by the• followin•l t:i:•.. (3) courses and distances North 78°25' East, 34.3 feet North "'I=1� .Fri.,. -_•.E le`•t North S4*37' 7' mast, 118 feet • more or less, to a p . the Worth Iii' of ..,ie :_::14 Sri /4. `'aid joint t•e:•.r;. TERMINUS POINT r.1 said I in'. ties:c:riptic.rr. Said parcel of land contains 19 acres:, more oz less, .=nd .. subject to any right:; -of -way or other easements as granted or reserved by instruments of record or as nov existing •,ri sr. Lc' described parcel of land. EFL 3' EXHIBIT "4" 3975468 Pages: 17 of 29 11/04/2013 11:07 AM R Fee:$@.00 Sle✓e Mc-eno. C:erk a.nd Recorder, Weld County, CO ��JNt`J�1'GhQ®�1iiNu�e�lin VA III ®I III EXHIBIT B ROCKY MOUNTAIN PIPELINE SYSTEM LLC LICENSE See attached 3973536 Pages: 14 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO II 3975468 Pages: 18 of 2911/04/2013 11:07 AM R 00 Steve Moreno, Clerk an ia+diRecorder, IF, Weld County, t III EXHIBIT B ATTACHMENT F.E.R.C. No. 186.6.0 Cancels F.E.R.C. No. 186.5.0 ROCKY MOUNTAIN PIPELINE SYSTEM LLC LOCAL PIPELINE TARIFF Applying on PETROLEUM PRODUCTS As Defined in Item No. 10 TRANSPORTED BY PIPELINE FROM AND TO POINTS NAMED HEREIN The rates named in this tariff are expressed in cents per barrel of forty-two (42) United States Gallons and are subject to change as provided by law, also to regulations named herein. The rates published herein will have no effect on the quality of the human environment. [NI This tariff publication is filed in accordance with indexing and tariff ceiling provisions of 18 CFR 342.3. 3975468 Pages: 19 of 29 11/04/2013 11:07 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII anFm+nFa+:sa,ram q ay), EN ISSUED: May 30, 2013 EFFECTIVE: July 1, 2013 Issued By: Harry N. Pefanis President & Chief Operating Officer Rocky Mountain Pipeline System LLC P.O. Box 4648 Houston, Texas 77210-4648 3973536 Pages: 15 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, WeldCounty, CO VIIIIlar■II I . A - Compiled By: Teresa Bratcher Tariff Manager Rocky Mountain Pipeline System LLC P.O. Box 4648 Houston, Texas 77210-4648 (713) 646-4568 tmbratcher@paalp.com F.E.R.C. No. 186.6.0 TABLE OF CONTENTS PAGE Abbreviations and Reference Marks 2 Alphabetical List of Points From and To Which Rates Apply 2 Section 1 -- Rules and Regulations 3, 4, 5, 6, [C] R7 Section 2 -- Local Rates [W] 7,..g [C] Map [C] 4 ABBREVIATIONS AND REFERENCE MARKS F.E.R.C. Federal Energy Regulatory Commission No. Number ± No terminal facilities provided by the carrier. [N] New [I] Increase [C] Cancel [ W] Change in wording only ALPHABETICAL LIST OF POINTS FROM AND TO WHICH RATES IN SECTION 2 AND 3 APPLY Points from which Rates apply Item Number Points to which rates apply Item Number Casper, Wyoming Cheyenne, Wyoming Commerce City, Colorado Mule Creek Jct., Wyoming Strouds, Wyoming 125 125 125 125 125 Cheyenne, Wyoming Commerce City, Colorado Dupont, Colorado Fountain, Colorado Rapid City, South Dakota 125 125 125 125 125 THIS SPACE LEFT BLANK INTENTIONALLY 3975468 Pages: 20 of 29 11/04/2013 11:07 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ulilMCAT PIA It III 3973536 10 24%2013 04:Pages: 16 RFee:$0.00 Steve Morena, Clerk and Recorder, Weld County, CO leintrilTheiNfrairigal#IfirtiltrhWth UI II I 2 F.E R.C. No. 186.6.0 SECTION 1 RULES AND REGULATIONS The Rocky Mountain Pipeline System LLC, hereinafter referred to as "Carrier", will receive petroleum products for transportation under the following conditions: Item No. 10. PETROLEUM PRODUCTS DEFINED The term "petroleum product" as used herein, means any petroleum product which by American Society for Testing Materials test methods, substantially distills below seven hundred (700) degrees Fahrenheit, has a Reid vapor pressure not exceeding twenty-eight (28) pounds at one hundred (100) degrees Fahrenheit and a color not darker than No. 3. Item No. 15. TESTING Carrier may sample and/or test any shipment prior to acceptance or during receipt of shipment. Item No. 20. MEASURING Carrier will gauge or meter petroleum products at origin at time of receipt and at destination at time of delivery. Shipper or consignee shall have the privilege of being present or represented at the time of measurement. Petroleum products will be received and delivered on the basis of volume corrections for temperature from observed temperatures to temperatures on the basis of sixty (60) degrees Fahrenheit. Carrier will only be accountable for delivery of that quantity of products accepted for transportation from origins after the following tender deductions: Any overage or shortage not due to the negligence of the carrier, including losses resulting from shrinkage, evaporation, other physical product loss and interface mixture in any calendar month, will be allocated on a monthly accrual basis among the shippers in the proportion that the total number of barrels delivered from the entire system for each shipper bears to the total number of barrels delivered from the entire system for all shippers. Item No. 25. FACILITIES AT ORIGIN AND DESTINATION Section A - Origin. Carrier will provide, at point of origin, the storage facilities it deems necessary for the orderly scheduling of movements through the pipeline. Petroleum products will be accepted for transportation only when shipper has provided equipment and facilities satisfactory to the Carrier for receiving such shipments at point of origin at a pumping rate equal to Carrier's then current rate of pumping. Section B - Destination. Carrier will provide at its terminals reasonable facilities for receiving, storing, and loading petroleum products. Shipper or consignee may provide facilities for receiving, storing, and loading petroleum products at Carrier's terminals, or at other delivery points on the pipeline. Carrier assumes no responsibility to accept any petroleum product from any shipper at any time that either the Carrier, shipper or consignee does not have facilities for promptly receiving such product from the line at designated destinations. Item No. 30. MINIMUM SHIPMENT A minimum of five thousand (5,000) barrels of one quality and specification of a "petroleum product" will be accepted for shipment from one or more shippers at one point of origin at one time. However, the minimum will not apply to buffer material required by Carrier to reduce contamination. Shipments involving line reversals will be accepted subject to delay until Carrier has accumulated a total of twenty-five thousand (25,000) barrels or more of the same or other products to move in the same section of the line in the same direction, at the same time. Item No. 32. MINIMUM CONSIGNMENT A total of not less than one thousand (1,000) barrels of a petroleum product may be consigned simultaneously by one or more shippers to any destination, providing there remains in the pipeline after delivery of such consignment at least three thousand (3,000) barrels of the same kind of a petroleum product consigned to a destination beyond such delivery point. 3973536 Pages: 17 of 25 10/24/2013 04:11 P11 R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO IIII 3975468 Pages: 21 of 29 11/04/2013 11:07 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO till ?Iii filildlOligiw till F.E.R.C. No. 186.6.0 Any Shipper desiring to tender petroleum product for transportation shall make a Nomination to the Carrier in writing before 12:00 noon Central Standard Time/Central Daylight Saving Time, whichever is applicable, on the fifteenth (15th) of the month preceding the month of movement. When the fifteenth (156) of month falls on a weekend, Nominations will be required prior to 12:00 noon Central Standard Time/Central Daylight Saving Time, whichever is applicable, on the preceding workday. When the fifteenth (15th) of the month falls on a holiday, Nominations will be required prior to 12:00 noon Central Standard Time/Central Daylight Saving Time, whichever is applicable, two (2) workdays prior to the holiday. Unless such notification is made, the Carrier will be under no obligation to accept petroleum product for transportation. Item No. 35. MINIMUM DELIVERIES FROM CARRIER'S TERMINALS For delivery of petroleum products from Carrier's terminals, consignee or consignor shall provide the required motor tank trucks. Each tank truck to be loaded with petroleum products must have a minimum total capacity of two thousand five hundred (2,500) gallons. Item No. 40. DUTY OF CARRIER The Carrier shall transport and deliver at the destination, with reasonable diligence, the quantities of petroleum products accepted for transportation less the tender deduction. In the event of non -delivery due to interface cuts or other operating losses, the Carrier shall have the right to satisfy any claim by product replacement or cash payment. Item No. 45. IDENTITY OF SHIPMENT Section A. Carrier will use due diligence to maintain segregation of petroleum products consigned to storage facilities provided by the shipper or consignee, but reserves the right of substitution of a product of the same quality and specifications and the right of delivery of up to five hundred (500) barrels per shipment of interface mixture; provided, however, that if the shipper or consignee is unable to accept such mixture, Carrier will arrange for disposition and reimburse the shipper or consignee for actual volume not delivered at the current refinery market price of the lower valued product in the mixture. Section B. It being impractical to maintain the identity of each shipment of petroleum products consigned to Carrier's storage facilities, Carrier reserves the right of substitution of gallonage, but not one kind of commodity for another. Item No. 50. LIABILITY OF CARRIER Carrier shall not be liable for any delay in delivery or for any loss of product caused by an act of God, public enemy, quarantine, authority of law, strikes, riots, fire, floods or by act of default of Consignor or Consignee, or resulting from any other cause not due to the negligence of Carrier, whether similar or dissimilar to the causes herein enumerated. Any such loss shall be apportioned by Carrier to each shipment of product or portion thereof involved in such loss in the proportion that such shipment or portion thereof bears to the total of all product in the loss, and each Consignee shall be entitled to receive only that portion of its shipment remaining after deducting his proportion as above determined of such loss. Carrier shall prepare and submit a statement to Shippers and Consignee showing the apportionment of any such loss. The Carrier operates under this tariff solely as a provider of transportation, storage, and terminating services and not as an owner, manufacturer, or seller of the product transported or stored hereunder, and the Carrier expressly disclaims any I liability for any expressed or implied warranty for products transported or stored hereunder including any warranties of merchantability or fitness for intended use. For all services provided for and received under this tariff, Shipper will indemnify and defend Carrier from any claims, liabilities, or losses (including costs of defense and reasonable attorney's fees), including claims for personal injury, death, or property damage involving the Carrier, Shipper, Consignee, or third parties based on or arising out of Carrier's performance of such services where such services are performed in accordance with applicable federal, state, or local statutes, regulations or ordinances. This indemnification shall include but not be limited to services such as the provision of emergency response numbers and shall include claims of any nature, legal or equitable, whether based on strict liability, negligence, breach of warranty, or any other causes of action. Shipper shall not be obligated to indemnify, hold harmless, and defend Carrier to the extent Carrier's failure to perform a service herein stated shall have caused the loss, claims, or liabilities covered under this Item No. 50. This indemnification obligation shall not apply to losses or damages to the product transported or handled under this tariff, or for the failure of the Carrier's obligation to maintain and operate its facilities in a proper operating condition. 3973536 Pages: 18 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County u •lI.. CO II F.E.R.C. No. 186.6.0 Item No. 55. CLAIMS, TIME FOR FILING As a condition precedent to recovery, claims for loss or damage must be filed in writing with the Carrier within nine (9) months after delivery of the property, or, in case of failure to make delivery, then within nine (9) months after a reasonable time for delivery has elapsed; and suits shall be instituted against Carrier only within two (2) years and one (I) day from the day when notice in writing is given by the Carrier to the claimant that Carrier has disallowed the claim or any part or parts thereof specified in the notice. Where claims for loss or damage are not filed or suits are not instituted thereon in accordance with the foregoing provisions, Carrier will not be liable and such claims will not be paid. Item No. 60. PRORATION OF PIPELINE CAPACITY When there is tendered to Carrier for transportation a quantity which exceeds the current capacity of the Carrier, the petroleum products offered by each shipper for transportation will be transported in such quantities and at such times to the limit of capacity so as to avoid discrimination among shippers. Item No. 65. INJECTION ADDITIVES AND DYES When requested by a shipper or a consignee, Carrier will if injection ratio of the requested additive is within the capabilities of the present injection equipment, for a service charge of [I] 9.010 per barrel of petroleum product, perform the service of injecting dyes, additives and additive mixtures, including pour point depressants, into oils at Carrier's terminal, provided however, that the party requesting such service shall furnish or pay for all required dyes and additives. For a service charge of III 9.010 per barrel of gasoline treated for the normal injection rate of 0.0000990 gallons of additive per 1,000 gallons of gasoline, or [I] 18.010 per barrel of gasoline treated for the top tier injection rate of 0.0002337 gallons of additive per 1,000 gallons of gasoline, Carrier will perform the service of injecting, reporting and control associated with all deposit control gasoline additives. In addition, the party will furnish or pay for the required deposit control gasoline additive. In the event the specifications or injection ratio of a shipper's additives are outside the capabilities of Carrier's injection equipment, the Carrier may require the party requesting the service to install satisfactory injection equipment or pay an installation charge for such equipment. Item No. 70. DEMURRAGE CHARGES In order to provide space for delivery of succeeding shipments into Carrier's facilities and otherwise to prevent or relieve congestion at Carrier's terminals, Carrier shall give notice to those shippers or consignees whose petroleum products are causing congestion directing them to remove such products. If the products of more than one shipper or consignee are causing congestion but less than all such products must be removed, the products specified in the notice shall be determined on a first- in--first-out basis. Products specified in the notice which are not removed at the close of a thirty (30) day period, beginning the day after such notice is sent by the Carrier, shall be subject to a demurrage charge of II] 1.14 cents per barrel per day until removed. Demurrage charges shall be payable upon presentation of bill by the Carrier. Item No. 75. RECONSIGNMENT If no backhaul movement is required, and if current operating conditions permit, petroleum products in the custody of Carrier may be reconsigned to destinations named herein. No charge will be made for such reconsignment; however, the products so reconsigned shall be subject to the rates, rules and regulations applicable from point of initial origin to point of final destination on the date of such reconsignment. Item No. 77. INSTANTANEOUS BILLING (PETROEX) When requested by the consignor, Carrier will accumulate in the appropriate program format, consignor -consignee information and will transmit same on a daily basis, Monday through Friday, to the General Electric Company Petroex System. Item No. 79. TRANSMIX CHARGES AND HANDLING In addition to the charges for transportation and for other services provided herein, a charge of [I] 3.920 per barrel will be made for all petroleum products tendered for the transportation and processing cost of transmix created during the operation of the pipeline. 3973536 Pages: 19 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld Coun Y, CO F.E.R.C. No. 186.6.0 It is inherent in the operation of a products pipeline that transmix, or interface mixture, will occur between batches. Carrier will dispose of the accumulated interface in the following manner: 1. Compatible interface mixture will be blended as can be. Carrier reserves the right to dispose of accumulated interface, including the right to sell such compatible interface on a bid or contractual basis for the account of its shippers at a private or public sale. Carrier will settle with each shipper for its share of blended interface volumes or the net proceeds of the sale less transportation charges. 2. Transmix occurring in the Carrier's system shall be retained in Carrier's custody for disposal for the account of the shippers. The volume and proceeds for sales will be allocated as described above. Each Shipper's share of the transmix will be that percentage which its movements through the line represent to the total movements for all Shippers through that line during a calendar month as near as operating conditions permit. Item No. 80. STORAGE CHARGES In addition to the charges for transportation and all other services provided herein, a charge of HI 9.010 per barrel will be made for all petroleum products delivered from the pipeline into Carrier's storage facilities at Carrier's terminals. Item No. 85. TERMINAL CHARGES In addition to the charges for transportation and for other services provided herein, a charge of (If 15.760 per barrel will be made for all petroleum products delivered at Carrier's terminals. Item No. 87. TAX REGISTRATION The Carrier shall require the shipper, consignee or consignor to provide proof of registration with appropriate Federal and State agencies for the collection of any sales and excise taxes. Failure to provide such proof of registration shall not relieve shipper, consignee or consignor of the appropriate tax liability. Any charges levied against the Carrier by any State or Federal agency will be collected by the Carrier in accordance with the provision stated in tariff Item No. 90. Item No. 90. PAYMENT OF CHARGES FOR TRANSPORTATION AND OTHER SERVICES The charges for transportation, storage and services accruing on petroleum products accepted for shipment shall be based on the rate applicable to the destination at which delivery is made. If required, charges shall be prepaid at point of origin or shall be paid before release of petroleum products from the custody of the carrier. Petroleum products accepted for transportation shall be subject to a lien for all lawful charges. Charges are due on receipt. If such charges are not paid in full within 15 days from the date of the invoice, Carrier shall have the right to assess finance charges on the entire past due balance (including principal and accumulated but unpaid finance charges) until paid in full at a rate of 25% APR. Carrier reserves the right to off -set any such charges against any monies owed to Shipper by Carrier or any Petroleum Products of Shipper in Carrier's custody. THIS SPACE LEFT BLANK INTENTIONALLY 3973536 Pages: 20 of 25 10/24/2013 04:11 PM R Fee:$0.00 Clerk and Recorder. Weld County, CO Steve Moreno,l 11 I I I 1 1 3975468 Pages: 24 of 29 11/04/2013 11:07 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO viii M��1a �a R�, V a I wrclahillA lVitirarr&t IN l F.E.R.C. No. 186.6.0 SECTION 2 LOCAL RATES for the TRANSPORTATION OF PETROLEUM PRODUCTS (as defined in Item No. 10) BY PIPELINE All Rates in cents per barrel of forty-two (42) United States Gallons The rates contained in this section apply only via the lines of the Rocky Mountain Pipeline System LLC Item No. 125. Rates in this item include delivery into storage at carrier's terminals or consignor Items No. 65, 79, 80, and 85 for applicable charges for transmix charges and injecting storage services, [NI and terminal services [C] and security surcharge. facilities. See additives, FROM Casper or Mule Creek Commerce TO Strouds, WY Jct., WY Cheyenne, WY City, CO Rapid City, SD [I] 215.62 [I] 79.42 Cheyenne, WY [I] 89.05 ____ t Commerce City, CO [I] 128.39 ---- [I] 72.09 ---- Dupont, CO [I] 133.18 ---- [I] 76.59 Fountain, CO RI 201.66 ---- [I] 152.87 ---- 3973536 Pages: 21 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■ o Rolm ;ti ;�1�4� �y �►� f��Yrt �� PlriTintir till 3975468 Pages: 25 of 29 11/04/2013 11:07 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County CO U11IRra!'t � iF� +�IU1,P'�F��L�J�tI�hl'VT'!�i" 1IIII EXHIBIT C REBORING AND RE -INSTALLATION ENGINEERING DRAWINGS See attached 468 11 07ges: 26 RM R of 29 11/04/2013 Fee:$0.00 CO VIII Steve 31i Clerk and + LX+I Recorder, Weld County, 4«h Y4rh II III 3973536 Pages: 22 of 25 10/24/2013 04:11 PM R Fee:$0.00 Clerk and Recorder, Weld County, CO Steve Moreno, ---.._�..�... 1 T o 1 prM l i;5\s . I� s$ A e I .51-zi_- , ,• k s. c a. II, a a C: r Lis t.. T VI 1O M X S Mt N < 2 C O C tL r- 2 a 4-4 CC C 3973536 Pages: 23 of 25 10/24/2013 04:11 PM R Fee:$0.00 Steve Moreno Clerk and Recorder field County CO ■ 1 e P- 3 = t [ga y!! Sr Y t,�.Q 44 14. a till 'If ° k =.6 e g 1r. 13 I9 e 4' .. !II r��.f !:!ii • !II 0" 11 n F- r tine = ite l g :4a,1 y 7 . ggd g i� aiy 3 lie yid zi sI p 1 3 11 a V! 5'15 r = 45 2 1' �w �# � his r ! '�g '$�e g a=g fib;~; JV 11't�si Oil aIII ;la . 4 y c Fr a f I r 0 a 9 1 . ' i f< 5 eVna . ii g -V 12 `: I N 1 f i i1 Wwt :iii 1 1 o elY l ISIgi K ! _' - r ; FOR DISCUSSION ONLY p O 1 8 X I a 4 J CC tD Z •... W a '` ap W •,'W ;':• l7 54$_ a K 141 a A 9 0. if FIR!' NCfS M[IIM/NCI OMM1nVy 'II. DRAWN:: \I/VIIIM Cr .... oMin r'` 0- Cveta C w Ili! CO o Log 0.,aL- mr. Mtn Iii EXHIBIT D DESCRIPTION OF TEMPORARY EASEMENT See attached 3973536 4 of 25 10/24/2013 04:11 PaPMPages:2RFee $0.00 Steve Moreno, Clerk and Recorder, Weld Coun �Il en• euau p.. ..__ CO III 3975468 Pages: 28 of 29 11/04/2013 11:07 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III MI r1l2I'D'hillUWv,I :11AIIIiiikU RAFilikvi 11111 64433 r1 Ep a CERTIFICATE OF LIABILITY INSURANCE DATE (MM/D0lYYYY) 10/10/2M/DO 13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wells Fargo Insurance Services USA, Inc. 444 Liberty Avenue, Suite 1500 4 Gateway Center Pittsburgh PA 15222 CONTACT NAME: PHONE I FAX No. Extl: (A/C. No): _(A/C, ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Company 19682 INSURED Elkhorn Holdings Inc, Elkhorn Const. Inc, Elkhorn Pipeline Services, HOAD Inc, ProSafe, Dynamic Services Eagle Pipeline Construction 71 Allegiance Circle, Evanston WY 82930 INSURER B : Commerce & Industry Insurance Company 19410 INSURER C: Hartford Casualty Insurance Company 29424 INSURER 0 : INSURER E: INSURER F: • 6722330 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDDIYYW) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X 40UENOH2O22 07/01/2013 07/01/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (fa occurrence) 1,000,000 $ MED EXP (My one person) $ 10,000 CLAIMS -MADE 1 X 1 OCCUR PERSONAL 8 ADV INJURY $ 1,000.000 X Contractual. XCU GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2.000,000 GEN'L 7 AGGREGATE LIMIT APPLIES PER: POLICY I -X I JECT ri LOC $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED — x SCHEDULED AUTOS AUTOSWNED X 40UENOH2023 $1,000 Ded. Comp/ $1,000 Ded. Coll. 07/01/2013 07/01/2014 (EOa accciden SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ POP((Perr acEcidentRTY oAMAGE $ $ B x UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE X BE24253860 07/01/2013 07/01/2014 EACH OCCURRENCE 5 5,000,000 AGGREGATE $ 5,000.000 $ DOD I I RETENTIONS C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIEECUTIVE OFFICER/MEMBER XCLNER/E (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N NIA 40WEOH2021 07/01/2013 07/01/2014 x- I WC ORS LATIJ. I I 0TH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE • POLICY LIMIT $ 1,000.000 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate holder is included as Additional Insured. CERTIFICATE HOLDER CANCELLATION Weld County Colorado, the Board of County Commissioners of the County of Weld, its officers and employees SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) A ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/10/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MCGRIFF, SEIBELS & WILLIAMS, INC. P.O. Box 10265 Birmingham, AL 35202 CONTACT Stephanie Maxey y PHONE 800-476-2211 I FAX (A/C. No, Extl: (NC, No): EMAIL smaxe m riff.com ADDRESS: y� C9 INSURERS) AFFORDING COVERAGE NAIC I! INSURER A :Old Republic General Insurance Corp INSURED Laney Directional Drilling Co. 2031 Humble Place Drive Humble, TX 77338 Stephanie Maxey INSURER B : INSURER C : INSURER 0 : INSURER E : INSURER F : KECV4NL6 REVISION NUMBER: v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADM INSR SUER WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM!DDJYYYY) IMMIDDIYYYY) A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY A4CG00231302 04/30/2013 04/30/2014 EACH OCCURRENCE $ 1,000,000 DANIA-GE TO RENTED PREMISES (Ea occurrence) 300,000 $ MED EXP (Any one person) $ 5,000 X iCLAIMS -MADE Contractual Liability X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.000,000 X Broad Form Property Damage PRODUCTS - COMP/OP AGG 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 71 POLICY pi PRO- n LOC JECT $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS - X SCHEDULED AUTOS NO AUTOS A4CA00231302 04/30/2013 04/30/2014 COMBINED SINGLE LIMIT (Ea accident) 5 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ROaccident)PTYDAMAGE PROPERTY (Per $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I 1 RETENTIONS A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y! N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ii yes, describe under DESCRIPTION OF OPERATIONS baby/ N / A A4CW00231302 04/30/2013 04/30/2014 X WC STATU. OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1'000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ $ $ $ $ DESCRIPTION OF OPERATIONS! LOCATIONS !VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Weld County, Colorado, the Board of County Commissioners of the County of Weld, its officers and employees are named as Additional Insureds with respect to General Liability and Auto Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION Plains All American Pipeline, LP 333 Clay Street, Suite 1600 Houston, TX 77002 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) Page 1 of 1 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BOND NO. RLB0015322 PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO KNOW ALL PERSONS BY THESE PRESENTS, that Rocky Mountain Pipeline System, LLC, a foreign limited liability company, with its principal office located at 333 Clay Street, Suite 1600, Houston, Texas 77002, and whose Colorado registered agent is Corporation Service Company, whose address is 1560 Broadway, Suite 2090, Denver, Colorado 80202, hereinafter called "Principal", and RLI Insurance Company, of 8 Greenway Plaza, Suite 400, Houston, Texas 77046, hereinafter called "Surety", are held and firmly bound unto Board of County Commissioners of Weld County, Colorado, 1150 "0" Street, Greeley, Colorado 80631, on behalf of Weld County, Colorado, hereinafter called "Obligee" in the full and penal sum of One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00), lawful money of the United States for the payment of which well and truly made, we bind ourselves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above -bound Principal has obtained or is about to obtain from the Obligee a Temporary Construction Easement permit, and pursuant to the requirements of said permit, has entered into a Temporary Construction Easement, datedW/106 , (the "Agreement") with Obligee, and WHEREAS, The Temporary Construction Easement Agreement requires Principal to obtain a performance bond in an amount equal to the total cost of the construction for which Principal is responsible and naming Obligee as beneficiary, and WHEREAS, the value of construction for which Principal is responsible equals One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00), and NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditions as set forth in the Temporary Construction Easement Agreement, and if Principal shall satisfy all claims and demands set forth in said agreement, and shall fully indemnify and save harmless Obilgee from ail costs and damages which it may suffer by reason of Principal's failure to perform as agreed, and shall reimburse and repay Obligee all outlay and expense which Obligee may incurin making good any default, then this obligation shall be null and void; PROVIDED FURTHER, that if Principal shall default in any of its obligations set forth in the Temporary Construction Easement Agreement, and thereafter fail to fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of said default, this obligation shall remain in full force and effect; PROVIDED FURTHER, regardless of the number of years this Bond is in force, or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider; PROVIDED FURTHER, that Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Temporary Construction Easement Agreement to the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. PROVIDED FURTHER, this bond is effective October 9, 2013 to October 9, 2015, to guarantee that Principal shall well, truly and faithfully perform its duties, and all of the undertakings, covenants, terms, and conditions set forth in the Temporary Construction Easement Agreement, and any extensions thereof which may be granted by Obligee with or without notice to Surety. The parties to this Performance Bond acknowledge that through the Temporary Construction Easement Agreement, Obligee reserves the right to require Principal to obtain a different Performance Bond from a financial institution other than Surety in the event that the rating of Surety by AM Best falls below a B+ rating. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 9`" day of October, 2013. Principal Secretary/Witness (SEAL) Witness as to Surety 8 Greenway Plaza, Suite 400 Address Houston, TX 77046 Address Rocky Mount n Pipeline Principe _ At Charles Kingswell-Smith, VP & Treasurer (Printed Name & Title) RLI Insurance Company Surety By: Jas'ia9 T. Kilpatr'ck, Attorney -in -Fact 8 Greenway Plaza, Suite 400 Address Houston, TX 77046 Address Board of County Commissioners of Weld County, Co],orado Obligee By: William F. Garcia, Chair (Printed Name & Title) .9 OCT 1 02013 IMPORTANT: Surety company executing bond must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. Bond must be accompanied with Attorney -in Fact's authority from the surety company certified to include the date of the bond. RLI® RLI Surety A division of RIJ Insurance Company Know All Men by These Presents: RLB0015322 POWER OF ATTORNEY RLI Insurance Company That the RLI INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: JASON T. KILPATRICK in the City of HOUSTON State of TEXAS as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: $1,500,000.00 Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail and surety and fidelity bonds. Indemnity in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise and settle any and all claims or demands made or existing against said Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers -of -Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its PRESIDENT with its corporate seal affixed this ATTEST: CORPORATE SECRETARY State of Illinois SS County of Peoria RLI INSURANCE COMPANY PRESIDENT On this9thday of October 2013 before me, a Notary Public, personally appeared Michael J. Stone and lean M. Stephenson who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said RLI INSURANCE COMPANY, andacknowledged said instrument to be the voluntary act and deed of said corporation. SPA02S (03/11) cP 4Y co' G° BOND NO. RLB0015322 PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO KNOW ALL PERSONS BY THESE PRESENTS, that Rocky Mountain Pipeline System, q y 4 LLC, a foreign limited liability company, with its principal office located at 333 Clay Street, Suite 1600, Houston, Texas 77002, and whose Colorado registered agent is Corporation Service Company, whose address is 1560 Broadway, Suite 2090, Denver, Colorado 80202, hereinafter called "Principal", and RLI Insurance Company, of 8 Greenway Plaza, Suite 400, Houston, Texas 77046, hereinafter called "Surety", are held and firmly bound unto Board of County Commissioners of Weld County, Colorado, 1150 "O" Street, Greeley, Colorado 80631, on behalf of Weld County, Colorado, hereinafter called "Obligee" in the full and penal sum of One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00), lawful money of the United States for the payment of which well and truly made, we bind ourselves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above -bound Principal has obtained or is about to obtain from the Obligee a Temporary Construction Easement permit, and pursuant to the requirements of said permit, has entered into a Temporary Construction Easement, dated 000D,2oi3 , (the "Agreement") with Obligee, and WHEREAS, The Temporary Construction Easement Agreement requires Principal to obtain a performance bond in an amount equal to the total cost of the construction for which Principal is responsible and naming Obligee as beneficiary, and WHEREAS, the value of construction for which Principal is responsible equals One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00), and NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditions as set forth in the Temporary Construction Easement Agreement, and if Principal shall satisfy all claims and demands set forth in said agreement, and shall fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of Principal's failure to perform as agreed, and shall reimburse and repay Obligee all outlay and expense which Obligee may incur in making good any default, then this obligation shall be null and void; PROVIDED FURTHER, that if Principal shall default in any of its obligations set forth in the Temporary Construction Easement Agreement, and thereafter fail to fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of said default, this obligation shall remain in full force and effect; PROVIDED FURTHER, regardless of the number of years this Bond is in force, or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider; PROVIDED FURTHER, that Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Temporary Construction Easement Agreement to the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. PROVIDED FURTHER, this bond is effective October 9, 2013 to October 9, 2015, to guarantee that Principal shall well, truly and faithfully perform its duties, and all of the undertakings, covenants, terms, and conditions set forth in the (SEAL) Temporary Construction Easement Agreement, and any extensions thereof which may be granted by Obligee with or without notice to Surety. The parties to this Performance Bond acknowledge that through the Temporary Construction Easement Agreement, Obligee reserves the right to require Principal to obtain a different Performance Bond from a financial institution other than Surety in the event that the rating of Surety by AM Best falls below a B+ rating. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 9th day of October, 2013. Secretary/Witness Witness as to Surety 8 Greenway Plaza, Suite 400 Address Houston, TX 77046 Address in Pipeline System, LLC a- Charles Kingswell-Smith, VP & Treasurer (Printed Name & Title) RLI Insurance Company Attorney -in -Fact Houston, TX 77046 Oblig-e .i By: Board of County Commissioners of Weld County, sylorado William F. Garcia, Chair (Printed Name & Title) OCT 1 02013 IMPORTANT: Surety company executing bond must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. Bond must be accompanied with Attorney -in Fact's authority from the surety company certified to include the date of the bond. RLI RLI Surety A division of RU InswvnCe Company Know All Men by These Presents: RLB0015322 POWER OF ATTORNEY RLI Insurance Company That the RLI INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: JASON T. KILPATRICK in the City of HOUSTON State of TEXAS as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: $1,500,000.00 Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail and surety and fidelity bonds. Indemnity in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise and settle any and all claims or demands made or existing against said Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers -of -Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its PRESIDENT with its corporate seal affixed this State of Illinois County of Peoria y/� ATTEST:: �'14��s CORPORATE SECRETARY SS ) 1034CE 00/t Sgt.- _svont1/2 yti `J. F • L E 771— et SEAL ",r, L I N O‘`',.e sf4llgll nllna` On this9th day of October 2013 before me, a Notary Public, personally appeared Michael J. Stone and Jean M. Stephenson who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said RLI INSURANCE COMPANY, and acknowledged said instrument to be the voluntary act and deed of said corporation. SPA028 (03/11) December 17, 2013 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 Rocky Mountain Pipeline System, LLC 333 Clay Street Ste 1600 Houston Texas 77002 RE: Cancellation and release of Collateral — Rocky Mountain Pipeline System, LLC To Whom it May Concern: Attached hereto, please find the Board of County Commissioners Resolution assigning the Temporary Construction Easement for Reconstruction of a Pipeline from Rocky Mountain Pipeline System, LLC, to Magellan Pipeline GP, LLC, and replaced the collateral in the amount of $1,500.000.00. If you would like a recorded copy of the resolution, please contact our Clerk and Recorders Office at 970-304-6530. The original Bond #RLB0015322, has been returned to RLI Insurance Company, 8 Greenway Plaza, Suite 400, Houston, Texas 77046, in the amount of $1,500,000.00. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: Donna J. Bed xldr, Deputy Clerk to the Board I CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 December 17, 2013 Corporation Service Company 1560 Broadway Suite 2090 Denver Colorado 80202 RE: Cancellation and release of Collateral — Rocky Mountain Pipeline System, LLC To Whom it May Concern: Attached hereto, please find the Board of County Commissioners Resolution assigning the Temporary Construction Easement for Reconstruction of a Pipeline from Rocky Mountain Pipeline System, LLC, to Magellan Pipeline GP, LLC, and replaced the collateral in the amount of $1,500.000.00. If you would like a recorded copy of the resolution, please contact our Clerk and Recorders Office at 970-304-6530. The original Bond #RLB0015322, has been returned to RLI Insurance Company, 8 Greenway Plaza, Suite 400, Houston, Texas 77046, in the amount of $1,500,000.00. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: Donna J. Bec'hler, Deputy Clerk to the Board December 17, 2013 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 Attn: Jason Kilpatrick RLI Insurance Company 8 Greenway Plaza, Suite 400 Houston, Texas 77046 RE: Cancellation and release of Collateral —Rocky Mountain Pipeline System, LLC Mr. Kilpatrick, Attached hereto, please find the Board of County Commissioners Resolution releasing the Collateral for Rocky Mountain Pipeline System, LLC, in the amount of $1,500,000.00. If you would like a recorded copy of the resolution, please contact our Clerk and Recorders Office at 970-304-6530. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: Donna J. Bethler, Deputy Clerk to the Board r1 m cC Postage Certified Fee Flotum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To 4,111440A __ l�rirl��i 4I s rR_r1G'P 'D Street, Apt. No.; n or PO Box No. a ree4wc / I f'zQ 5/e ilea City, State, P+4 J JR� 7"X 77D 96 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece,. or on the front if space permits. 1. Article Addressed to: /,9)41A Jitsof1 t4f,'/,oe /P ede /2L/ _.%»3 ra 'lee CO g G'Yeen way /laze .5'i' V sous,Lori 7X 7 76 COMPLETE THIS SECTION ON DELIVERY ----- A. gnatu = X {{� ❑ Agent aou ❑ Addressee eiPdn ed Narn 7.aat-,er f Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ViiKertified Mall 0 Express Mall ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mall : O C.O.D.' 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7004 2890 0003 .5709 8631 (Transfer from service label) _ PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M.1540 Hello