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Home My WebLink About20123442.tiff RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1772 - PETERS 313 RANCH, INC., C/O PECAN PIPELINE (RM), INC. 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, by Resolution dated June 15, 2011, the Board approved the application of Peters 313 Ranch, Inc., P.O. Box M, Carpenter, Wyoming 82054, c/o Pecan Pipeline (RM), Inc., 600 17th Street, Suite 1000N, Denver, Colorado 80202, for an Oil and Gas Support Facility (field office, storage yard, warehouse, 150-foot communication tower, shop, power generation facility, processing plant, gas metering station, truck loading facility and parking) in the A (Agricultural) Zone District, on the following described real estate, to wit: E1/2 NE1/4 of Section 26, Township 12 North, Range 63 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on October 24, 2011, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Pecan Pipeline (RM), Inc., with terms and conditions being as stated in said agreement, and accepted Performance Bond No. SUR0013921, from Argonaut Insurance Company, 225 West Washington, 6th Floor, Chicago, Illinois 60606, in the amount of $677,140.00, and WHEREAS, staff from the Weld County Departments of Planning Services and Public Works have conducted a visual inspection and recommend partial release of said collateral, in the amount of$575,569.00. WHEREAS, the Board has been presented with a Rider to Performance Bond No. SUR0013921, from Argonaut Insurance Company in the amount of $101,571.00, for warranty collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that partial release of Performance Bond No. SUR0013921, from Argonaut Insurance Company, 225 West Washington, 6th Floor, Chicago, Illinois 60606, in the amount of$575,569.00, be, and hereby is, accepted, and replacement collateral in the form of a Rider to Performance Bond No. SUR0013921, from Argonaut Insurance Company in the amount of$101,571.00 for warranty collateral be accepted. 12//07Z33/2012 10:53 9RM R1 Fee.$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO �IIIRi'�YYI PuI 1,tllti4l�t►I+�� I�IytGNI►+Ifr IN II III Opp la) jinn-I 2012-3442 PL2118 CANCEL COLLATERAL- PECAN PIPELINE (RM), INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd ber, A.D., 2012. 4 40 OARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO 1861tea /� ATTEST: r 9^tu v:,I p can P. on ay, Chair Weld County CI rk to the Boa ©ri 1C1 7 BY: ��p -, ti Will"mF. Gar�`ia, Pro-T m il�w �- �1� Deputy Cler t the Board � (A� c-d1Al-yr,c , , ara Kirkmeyer 7 APP A RM: David E. Long n y ttorney Dougla ademach r Date of signature: I 5 )Uk 2 3894233 Pages: 2 of 2 12/07/2012 10:53 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, We1d County. CO 101InlithilliNli 14\J Vire.At N .14O4 III III 2012-3442 PL2118 MEMORANDUM TO: Clerk to the Board 1861 • DATE: 11/19/2012 1 �, r. ! — Ij FROM: Richard Hastings, Public Works Department L� SUBJECT: BOCC Agenda Item: Partial Release of Collateral Pecan Pipeline—(USR-1772) Request for Partial Release of Collateral: The Department of Public Works received a request from the applicant's representative, Chad Masching/GEI Consultants, Inc., requesting an inspection of the property in order to obtain the partial release of collateral, for the Oil and Gas Support Facility (USR-1772), located on WCR's 71 and 136.5,just west of Hereford. Weld County Public Works Department performed a site inspection, at the above mentioned site, and observed the following: • All Public Works related items on Exhibit A, of the Improvements Agreement According To Policy Regarding Collateral For Improvements Document#2011-2803, have been completed and are found to be acceptable. Weld County Collateral List: Peters 313 Ranch, Inc., c/o Pecan Pipeline (RM) Inc. (2011-2803) USR #1772 10/24/2011 Improvements Agreement Performance Bond SUR0013921 from Argonaut Insurance Co Noncancellable— Renews Annually Automatically $677,140.00 Recommendation: The Departments of Public Works and Planning Services are recommending partial release of collateral, as shown above from the Weld County Collateral List, in the amount of $575,569.00. Weld County will retain a balance of$101,571.00 to serve as Warranty Collateral for a period of two years from the date the Board of County Commissioners approves this request. EOG Resources, Inc. c/o Pecan Pipeline (RM), Inc. has submitted replacement/warranty collateral in the form of a Surety Rider to the original Performance Bond (#SUR0013921) from Argonaut Insurance Company of Chicago, IL, changing the bond amount from $677,140.00 to$101,571.00. pc: Heidi Hansen,Weld County Public Works 2012-3442 Tom Parka,Weld County Planning Services C:\Users\dbechler\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\C07XGS5G\Partial Collateral Release-Pecan Pipeline(USR-1772)-MEMO.docx ARGO SURETY RIDER To be attached to and form part of Bond No. SURoo13921. Issued on behalf of PECAN PIPELINE (RM), INC. as Principal, and in favor of Board of County Commissioners of Weld County, Colorado as Obligee. It is agreed that: ❑ 1. The Surety hereby gives its consent to change the Name: from: to: O 2. The Surety hereby gives its consent to change the Address: from: to: ® 3. The Surety hereby gives its consent to change the: BOND AMOUNT from: SIX HUNDRED SEVENTY-SEVEN THOUSAND ONE HUNDRED FORTY DOLLARS ($677,140.00) to: ONE HUNDRED ONE THOUSAND FIVE HUNDRED SEVENTY ONE DOLLARS($101,571.00) 4. This rider shall become effective as of November 19,2012 PROVIDED, however, that the liability of the Surety under the attached bond as changed by this Rider shall not be cumulative. Signed, sealed and dated November 19, 2012. QARG AUT INS NCE COMPANY By �L''ucr Attorney-in-Fact Gina Rodriguez Accepted: c �� - PECAN PIPELINE (RM),INC. Obligee Sean . Conway, Principal of Wel my Commissioners v� By: Y Cunt Attorney Ray Lng2e, resident & Chiet Executive Offic DEC 0 3 2012 ‘,42C/2- 39 Argonaut Insurance Company AS-0047328 Deliveries Only: 225 W. Washington, 6th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW Ali.MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: Sandra Parker,Tennis Mattson,Melissa Haddick,Terri Morrison,Gina Rodriguez Their true and lawful agent(s)and attorney(s)on-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and other undertakings in suretyship provided, however,that the penal sum of any one such Instrument executed hereunder shall not exceed the sum of S25,000,000 00 This Power of Attorney is granted and is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company. 'RESOLVED,That the President,Senior Vice President.Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney.and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 15th day of June,2012. Argonaut Insurance Company —1114 cakyy by - ------__. --_. Michael E.Arledge President STATE OF TEXAS COUNTY OF HARRIS SS'. On this 15th day of June,2012 A D,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came I ltU ABOVE OFFICER OF THE COMPANY,tonic personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of same,and being by nie duly sworn,deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of Directors of said Company,referred to in the preceding instrument is now in force IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. I(Le rrf" (Notary Public) I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. 'Ir�,.,� �y/� IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company.on the. 1 day 0 QUQ! I I Slat t l < lr Joshua C Betz Vice President THIS DOCUMENT IS NOT VALID I'NLESS PRINTED ON SIIADED BACKGROUND WITH BLUE SERIAL NUMBER IN TIIE UPPER RIGHT HAND CORNER.IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(210)321-84(H). ?$eog resources EOG Resources,Inc. 1111 Bagby Sky Lobby 2 November 19, 2012 Houston, Texas 77002 PO Box 4362 Houston, Texas 77210-4362 Esther Gesick, Deputy Clerk of Board Weld County 1150"O" Street Greeley, Colorado 80632 Re: EOG Resources, Inc. Bond SUR0013921 $101,571.00 Performance Bond Project: Bond Reduction To: Weld Co, Colorado Dear Esther : Enclosed please find attached the executed original Surety Rider reduction from $677,144.00 to $101,571.00. Please advise, if there are questions 713 651-6872. Thanks. truly yours, A Mary Grisaffi Risk Management attachment energy opportunity growth A,Si 3�yx Esther Gesick From: Stephanie Arries Sent: Monday, November 19, 2012 10:43 AM To: Mary_Grisaffi@eogresources.com Cc: Esther Gesick Subject: RE: Pecan Pipeline Bond SUR0013921 Mary I am not certain how quickly you need/want to have this completed...but the Board could take action on this next Monday if you can email as executed copy to me by noon tomorrow and send the executed original to Esther so that she receives it by Monday. Otherwise,just send the executed original to Esther. The Board meets Monday and Wednesday of most weeks and she will place it on the Board's agenda for the meeting following receipt. Stephanie L. Arries Assistant Weld County Attorney 1150"O" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarriesco.weld.co.us e STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Mary Grisaffi©eogresources.com lmailto:Mary Grisaffi@eoeresources.com] Sent: Monday, November 19, 2012 10:27 AM To: Stephanie Arries Subject: RE: Pecan Pipeline Bond SUR0013921 Will ll do- is there a timeline on this?Thanks! Veog resources Mary Grisaffi 30C11 Risk Management, Surety Bonds EOG Resources, Inc. 1111 Bagby, Sky Lobby 2 Houston, TX 77002 Office 713 651-6872 Fax 713 651-6873 1 From: Stephanie Ames<sarriesAco.weld.co.us> To: "Mary Grisaff(theogresources.com"<Mary Grisaffiaeogresources.com> Cc: Richard Hastings<rhastingsAco.weld.co.us>,Esther Gesick<eaesick atco.weld.co.us>,Donna Bechler<dbechleratco.weld.co.us> Date: 11/19/2012 11:24 AM Subject: RE:Pecan Pipeline Bond SUR0013921 Mary The Rider looks fine Please have the document executed by your company's President, email the signed copy back to me, and then send the original to Esther Gesick Deputy Clerk to the Board, Office Manager 1150 "O" Street P.O. Box 758 Greeley, Colorado 80632 After Esther has the original document, she can schedule the placement of the matter on the Board's agenda. If you have any questions, please call or send an email to me. Have a nice day! Stephanie L. Arries Assistant Weld County Attorney 1150 "O" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarriesco.weld.co.us STATEMENT OF CONFIDENTIALITY & DISCLAIMER:The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Mary Grisaffi@eogresources.com [mailto:Mary Grisaffi@eogresources.com] Sent: Monday, November 19, 2012 10:03 AM To: Stephanie Arries Subject: Pecan Pipeline Bond SUR0013921 Pls see attached and advise. Thanks. We are awaiting the signature and seal.. if ok, I will send you a copy when complete. 2 Veog resources Mary Grisaffi 30C11 Risk Management, Surety Bonds EOG Resources, Inc. 1111 Bagby, Sky Lobby 2 Houston, TX 77002 Office 713 651-6872 Fax 713 651-6873 3 Donna Bechler From: Richard Hastings Sent: Wednesday, November 14, 2012 3:26 PM To: Masching, Chad Cc: Daigle, Thomas; Heidi Hansen; Donald Carroll; Elizabeth Relford; Tom Parko; Matt_Hall@eogresources.com; Oscar_Peters@eogresources.com; Donna Bechler; Esther Gesick; Stephanie Arries Subject: RE: Pecan Pipeline As-Builts USR-1772: Partial Release of Collateral-Replacement Collateral Chad, The County does not send a letter to the bonding company allowing the bond to be reduced.The participant/applicant will contact the bonding company and request this reduction or a new replacement bond at the 15%amount. Thanks, Rich Richard Hastings Compliance Analyst&Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 IPM I tJ Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Masching, Chad [mailto:cmasching@geiconsultants.com] Sent Wednesday, November 14, 2012 3:12 PM To: Richard Hastings Cc: Daigle, Thomas; Heidi Hansen; Donald Carroll; Elizabeth Relford; Tom Perko; Matt_Hall@eogresources.com; Oscar_Peters@eogresources.com; Donna Bechler; Esther Gesick; Stephanie Arries Subject: RE: Pecan Pipeline As-Builts USR-1772: Partial Release of Collateral-Replacement Collateral Thanks, Rich. I will try to coordinate with Pecan to make this work. I think Pecan's bonding agency is looking for a letter from the county stating that the bond can be reduced. Regards, Chad Chad Masching, P.E. Engineering Division Manager GEI Consultants, Inc. 4601 DTC Boulevard, Suite 900 Denver, CO 80237 1 Phone: 303.264.1088 Cell: 303.875.2083 Fax: 303.662.8757 cmaschi nn ane icon sulta nts.co m From: Richard Hastings [mailto:rhastings@co.weld.co.us] Sent: Wednesday, November 14, 2012 2:59 PM To: Masching, Chad Cc: Daigle, Thomas; Heidi Hansen; Donald Carroll; Elizabeth Relford; Tom Parko; Matt Hall@eogresources.com; Oscar Peters@eogresources.com; Donna Bechler; Esther Gesick; Stephanie Arries Subject: RE: Pecan Pipeline As-Builts USR-1772: Partial Release of Collateral-Replacement Collateral Chad, Usually the bond company will send bond reduction documentation indicating that the original bond amount has been reduced to a certain amount, or will send a replacement bond showing the required 15% replacement collateral amount. Clerk to the Board staff have been notified in case by response is inaccurate. Thanks, Rich Richard Hastings Compliance Analyst& Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 -1 L' f l Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Masching, Chad [mailto:cmaschinq©geiconsultants.com] Sent: Wednesday, November 14, 2012 2:48 PM To: Richard Hastings Cc: Daigle, Thomas; Heidi Hansen; Donald Carroll; Elizabeth Relford; Tom Parko; Matt Hall@eogresources.com; Oscar Peters©eogresources.com Subject: RE: Pecan Pipeline As-Builts USR-1772: Partial Release of Collateral-Replacement Collateral Rich— Pecan Pipeline wishes to have the original project collateral reduced by 85%,with the remainder of the original project collateral held as the warranty collateral. We understand that a letter stating the bond reduction will be provided by the County once this is approved. It was our understanding that a new and separate warranty collateral bond was not required. Please let me know what paperwork is needed, if any,to meet the partial release requirements. 2 Regards, Chad Chad Masching, P.E. Engineering Division Manager GEI Consultants, Inc. 4601 DTC Boulevard, Suite 900 Denver, CO 80237 Phone: 303.264.1088 Cell: 303.875.2083 Fax: 303.662.8757 cmaschinq( geiconsuItants.com From: Richard Hastings [mailto:rhastings@co.weld.co.us] Sent: Wednesday, November 14, 2012 2:04 PM To: Masching, Chad Cc: Daigle, Thomas; Heidi Hansen; Donald Carroll; Elizabeth Relford; Tom Parko Subject: RE: Pecan Pipeline As-Builts USR-1772: Partial Release of Collateral-Replacement Collateral Chad, In the process of finalizing my memo to the BOCC for the above-mentioned partial release of collateral, I found I didn't have any documentation regarding the replacement collateral (15%), as noted below in my email to Tom Daigle, dated 7/31/12. 4. "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in the agreement. In this case, 15% of the original project collateral of $677,140.00 would come to $101,571.00 to be submitted. Collateral requirements can be found in Section E.-7.0,pages 10-13 of Doc. #2011-2803. Please advise as to the status of the replacement collateral.This appears to be the final documentation necessary to move forward with the partial collateral for USR-1772. Thanks, Rich Richard Hastings Compliance Analyst& Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 tJ r • — I L' r Goss Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 Hello