HomeMy WebLinkAbout20133263.tiffRESOLUTION
RE: APPROVE CONSENT TO ASSIGNMENT OF TEMPORARY CONSTRUCTION
EASEMENT FOR RECONSTRUCTION OF A PIPELINE FROM ROCKY MOUNTAIN
PIPELINE SYSTEM, LLC, TO MAGELLAN PIPELINE GP, LLC, AUTHORIZE CHAIR
TO SIGN, AND ACCEPT REPLACEMENT COLLATERAL
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, on October 10, 2013, the Board approved 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 accepted Surety Bond RLB0015322 from RLI Insurance Company, 8 Greenway
Plaza, Suite 400, Houston, Texas 77046, in the amount of $1,500,000.00, to remain in effect for
a period of two (2) years after inspection of the project following construction, and
WHEREAS, the Board has been presented with a Consent to Assignment of said
Temporary Construction Easement from Rocky Mountain Pipeline System, LLC, to Magellan
Pipeline GP, LLC, and replacement Performance Bond No. 106012848 from Travelers Casualty
and Surety Company of America, One Tower Square Hartford, Connecticut 06183, in the
amount of $1,500,000.00, to remain in effect until November 15, 2015, and
WHEREAS, after review, the Board deems it advisable to approve said Consent to
Assignment and accept replacement Performance 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 Consent to Assignment of the Temporary Construction
Easement for the Reconstruction of a Pipeline among the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, Rocky Mountain Pipeline
System, LLC, and Magellan Pipeline GP, LLC, be, and hereby is, approved. ? BE IT FURTHER RESOLVED that Performance Bond No. 106012848 from Travelers
fW Casualty and Surety Company of America, One Tower Square Hartford, Connecticut 06183, in
gZ the amount of $1,500,000.00, be and hereby is, accepted.
013,
m3 BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Consent to Assignment.
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2° BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
g is, directed to return said collateral to the appropriate issuing party.
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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, cancelled and released.
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2013-3263
EG0068
BC0045
CONSENT TO ASSIGNMENT OF TEMPORARY CONSTRUCTION EASEMENT FROM
ROCKY MOUNTAIN PIPELINE SYSTEM, LLC, TO MAGELLAN PIPELINE GP, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of November, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COLORADO
Weld County Clerk to the Board
Deputy Werk to the Board
APPROVED AS TO FORM:
ount A orney
Date of signature: NOV 2 7 2013
3983867 Pages: 2 of 5
12/13/2013 10:16 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
IIII FRI If ArliVIC 11111
rbara Kirkmeye
2013-3263
EG0068
BC0045
7
ROCKY MOUNTAIN PIPELINE SYSTEMS
November 14, 2013
Bruce T. Barker, Esq.
Weld County Attorney
1150 "O" Street
Greeley, CO 80632
Via Email and FedEx
Re: Consent to Assignment of Temporary Construction Easement
Dear Mr. Barker:
Rocky Mountain Pipeline System LLC ("RMPS") entered into that certain Agreement for
the Provision of a Temporary Construction Easement for Reconstruction of a Pipeline with Weld
County, Colorado on October 10, 2013 ("Instrument").
RMPS and Magellan Pipeline GP, LLC hereby notify you of RMPS's intention to sell its
Rocky Mountain refined products pipeline assets and property to Magellan Pipeline Company,
L.P. (an affiliate of Magellan GP, LLC, hereinafter, "Magellan") pursuant to a Purchase and Sale
Agreement dated June 27, 2013. The closing of such disposition is scheduled for November 15,
2013. The date on which the Closing occurs is herein referred to as the "Closing Date".
In connection with the above disposition, RMPS and Magellan respectfully request your
consent to the release of the bond issued to Weld County on behalf of RMPS pursuant to the
Instrument upon delivery of a replacement bond issued on behalf of Magellan.
Upon obtaining your consent and effective as of the Closing Date, RMPS will assign to
Magellan all of its interest in the Instrument, and Magellan will accept the assignment and
assume, be bound by and perform all of the covenants, agreements, terms, conditions, obligations
(including, but not limited to, the obligation to provide a surety bond as required by Section 7 of
the Instrument), liabilities and stipulations of the Assignor in the Instrument to the same extent
and with the same force and effect as if Magellan had been named as a party thereto as of the
Closing Date in place and stead of Assignor.
If you agree to the foregoing, please sign the duplicate copy of this letter in the signature
blank below and return it to the undersigned in the enclosed reply envelope at your earliest
convenience.
3983867 Pages: 3 of 5
12/13/2013 10:16 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
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Title:Chair
If you have any questions regarding this request, please contact Carol Sandvick at (713) 993 —
5307 or Matt Bisson at (713) 646-4421. We appreciate your assistance and cooperation in this
matter.
Sincerely,
ASSIGNOR:
Rocky Mountain Pipeline System LLC
By:
Name:
Title:
MAGELLAN:
Magellan Pipeline Company, L.P.
By: Magellan Pipeline GP, LLC, its
general partner
By:
Name:
Title:
The undersigned hereby agrees to the foregoing this day of 'toVen1b ; 2013.
Board of County Commissioners Weld County, Colorado
N0V 2 02013
,Board of Weld County Commissioners
3983867 Pages: 4 of 5
12/13/2013 10:16 AM R Fee:$0.00
Steve Morena, Clerk and Recorder, Weld County, CO
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PAA: LAW_C0M: 731746v1
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If you have any questions regarding this request, please contact Carol Sandvick at (713) 993 —
5307 or Matt Bisson at (713) 646-4421. We appreciate your assistance and cooperation in this
matter.
Sincerely,
ASSIGNOR:
Rocky Mountain Pipeline System LLC
MAGELLAN:
Magellan Pipeline Company, L.P.
By: By: Magellan Pipeline GP, LLC, its
Name: general p. ner
Title:
By:
Name: Brett C. Riley
Title: Senior Vice Presi.•nt
The undersigned hereby agrees to the foregoing this
Board of Conn Commissioners Weld County, Colorado
By:
Name: William F. Garcia
Title: Chair., Board of Weld County C9mmissioners
day of A@'1IemhS2013.
NOV 2 02013
3983867 Pages: 5 of 5
12/13/2013 10:16 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
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1a MIDSTREAM PARTNERS,
Memorandum
Date: November 15, 2013
To: Monica Daniels -Mika
Board of County Commissioners
1150 'O' Street
Greeley, CO 80631
Subject: Performance Bond for Board of County Commissioners of Weld County
From: Sandra K. Moore, CPCU, ARM
Director, Risk Management
Ph 918.574.7651
Comments:
Please find attached a bond for the Temporary Pipeline Construction Easement near the
Hokestra Pit.
If you have any questions, please don't hesitate to call me at 918.574.7651
Best Regards,
Sandra K. Moore
Director, Risk Management
BOND NO. 106012848
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, THAT Magellan Pipeline Company, L.P., a
foreign limited liability company, with its principal office located at One Williams Center, P.O.
Box 22186, Tulsa, OK 74121-2186, and Colorado registered agent is The Corporation Company,
whose address is at 1675 Broadway, Suite 1200, Denver, CO 80202, hereinafter called "Principal",
and Travelers Casualty and Surety Company of America, of One Tower Square, Hartford, CT
06183, hereinafter called "Surety", are held and firmly bound unto Board of County Commissioners
of Weld County, Colorado, 1150 "0" Street, Greely, Colorado 80631, on behalf of Weld County,
Colorado, hereinafter called "Obligee" in 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
Temporary Construction Easement permit, and pursuant to the requirements of said permit, has
entered into a Temporary Construction Easement, dated October 10, 2013, (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 undertaking, 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 Obligee 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 Obligee 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
19-13/c27
1
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 November 15, 2013 to November 15, 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, and any
extensions therefore 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 13`h day of November, 2013.
Magellan Pipeline Company, L.P
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Secretary/Witnes
(SEAL)
Qrm-o M•)
Witness as to Surety
2211 7`h Avenue South
Address
Birmingham, AL 35233
Address
Principal
By: Ohm Q,
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Srandrn K- Mohr° R+lorncL\-in- Fac±
(Printed Name & Title)
Travelers Casualty and Surety Company of America
Surety
By: A
Mark W. Edwards, II, Attorney -in -Fact
2211 7`h Avenue South
Address
Birmingham, AL 35233
Address
Board of County Commissioners of
Weld County, Colorado
Obligee
By:
William F. Garcia, Chair
(Printed Name & Title)
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.
Iq-13/e27
TR-AVELERSJ
Attorney -In Fact No.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
223516
•
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 004913936
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota. that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Robert Read Davis of Atlanta, Georgia; Robert M. Verdin of Metairie, Louisiana; Mark W. Edwards, II, Ronald B. Giadrosich,
Jeffrey M. Wilson, William M. Smith, Evondia H. Woessner, Robert R. Fred, and Alisa B. Pounders
of the City of H itmin • am State of Alabama , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed this
day of June 2012
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
State of Connecticut
City of Hartford ss.
By:
11th
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Georg e(WJ Thompson, fl ice President
On this the 11th day of June 2012
before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2016.
e. le r>.ea4
Marie C. Tetreault, Notary Public
58440-6-11 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Famtington Casualty Compan'r, Fidelity ,
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, Sr. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this hJ day of Nov Bp -'o .( 20Ia.
iff.Kevin E. Assistant Sec tary
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that Magellan Pipeline Company, L.P., a Delaware
limited partnership (the "Company"), having its principal place of business at One Williams Center,
Tulsa, Oklahoma, does hereby make, constitute and appoint SANDRA K. MOORE and JEFF HOLMAN,
with the full authority hereinafter provided, the true and lawful "Attorneys -in -Fact" of the Company,
authorized and empowered on behalf of the Company and in the Company's name, and for the sole and
exclusive benefit of the Company and not on behalf of any other person, corporation or association, in
whole or in part, to commit the Company under all surety bonds, not to exceed $1,500,000 per surety
bond, which are used in the ordinary course of business by the Company, giving and granting,
individually, unto said Attorneys -in -Fact full and complete power and authority to bind the Company as
fully and to the same extent as if signed by the duly authorized officers of the Company; and all the facts
of said Attorneys -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed, with
the qualification that said authority to act shall terminate on December 31, 2018 and shall be expressly
limited for the purpose as herein stated.
IN WITNESS WHEREOF, Magellan Pipeline Company, L.P. has caused its name to be
subscribed and its seal to be affixed this 1 s` day of November, 2013.
Magellan Pipeline Company, L.P.
[SEAL]
By: Magellan Pipeline GP, LLC, its general partner
Attest:
Suzarile H. Costin,
Secretary
ohn D. Chandler, Senior Vice President
and Chief Financial Officer
CERTIFICATE
I, the undersigned, Secretary of Magellan Pipeline GP, LLC, the General Partner of Magellan
Pipeline Company, L.P., do hereby certify that the original Limited Power of Attorney of which the
foregoing is a full, true and correct copy is in full force and effect on the date of this Certificate, and the
Senior Vice President and Chief Financial Officer who executed the said Limited Power of Attorney was
and is a duly elected officer of Magellan Pipeline GP, LLC, the General Partner of Magellan Pipeline
Company, L.P.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of Magellan Pipeline
Company, L.P. to these presents this 1 s` day of November, 2013.
[SEAL]
�in at
Suzanne Costin
Secretary
[00028117.1)
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