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Home My WebLink About20112928 2zj RESOLUTION RE: APPROVE RELEASE OF COLLATERAL CONCERNING LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND AMENDED LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT(COUNTY ROADS 30, 32, AND 43) FOR USE BY SPECIAL REVIEW PERMIT#1614 - SEMCRUDE, LP 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 August 8, 2007, the Board approved the application of Russell L. Gurtler, Jr. Family Trust and Dorthy K. Gurtler Trust, 7538 County Road 49, Hudson, Colorado 80642, do SemCrude L.P., Attn: Glenn Collum, 11501 South 1-44 Service Road, Oklahoma City, Oklahoma 73173-8315,for a Mineral Resource Development Facility, including an Oil and Gas Storage Facility, in the A (Agricultural) Zone District on the following described real estate, to wit: S1/2 SE1/4 of Section 24, Township 3 North, Range 65 West of the 6th P.M.,Weld County, Colorado, and WHEREAS, on January 30, 2008,the Board approved a Long-Term Road Maintenance and Improvements Agreement and an Amended Long-Term Road Maintenance and Improvements Agreement(County Roads 30, 32, and 43), between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and SemCrude L.P., with terms and conditions being as stated in said agreement, and accepted Annual Performance Bond #K07110236, from Westchester Fire Insurance Company,436 Walnut Street,WA10F, Philadelphia, PA 19106, in the amount of$180,000.00, and WHEREAS, on January 6, 2010, the Board approved a partial release of collateral in the amount of $153,000.00, and accepted a Surety Rider for Annual Performance Bond K07110236 from Westchester Fire Insurance Company, in the amount of$27,000.00,which was to retained for a period of one year as warranty collateral and extended the termination date to January 3, 2011. WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend release of said collateral in the amount of $27,000.00. \W\\%nil 1111111 III IIIII111111111111III ,11\\1\it 3805293 1111412011 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder eC,'5eni6lrlid&. lyes/01F5/er /1-F--;;w1/ 2011-2928 PL1918 APPROVE RELEASE OF COLLATERAL - SEMCRUDE, LP PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Surety Rider to Annual Performance Bond #K07110236, from Westchester Fire Insurance Company, 436 Walnut Street, WA10F, Philadelphia, PA 19106, in the amount of$27,000.00, be and hereby is, released. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of November, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: _ ' r 1 1c'' 64.Gc1t-4 a ' L Li-2/7 ,- .Barbara Kirkmeyer, c;heir / Weld County Clerk to the ar f 186 . .,.. , _ y, `r---Sean P., Co Pro-Tem BY: i oa i ►�! s:.i1,�� Deputy Cler to the Bo-`Z., U V ilia?�� ci APPROVED A : c@kii FORM: David E. Long z% County Attorney ,, ir.V u�. Dougl Rademia her Date of signature: n / 111111111111111111III11111111111111111 III HIII /III /III 3805293 11/14/2011 03:09P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2011-2928 PL1918 • MEMORANDUM TO: Clerk to the Board 1861 - 2011 DATE: 11/2/2011 FROM: Richard Hastings, Public Works Department W E L CSC O T Y SUBJECT: BOCC Agenda Item: Final Release of Collateral SemCrude, L.P. (PL1918, #2008-0330) USR-1614 Request for Final Release of Collateral: The Department of Public Works received a request from the applicant, Allan L. Dye/SemCrude, L.P., requesting an inspection of the USR-1614 site in order to obtain the final release of collateral, for the Off-Site Improvements to CR's 30 & 49. The site is located on CR 30, just west of CR 49 and east of the Town of Platteville. 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 LONG-TERM ROAD MAINTENANCE & IMPROVEMENTS AGREEMENT, Document # 2008-0330, have been completed and are found to be acceptable. Weld County Collateral List: SemCrude, LP/Gurtler (2008-0330) USR#1614 Long-term Road Maintenance (CR 30) Imps agrmt Annual Performance Bond #K07110236 from Westchester Fire Insurance Co Expires 01/03/2009 with add'I year $180,000.00 Expires 01/03/2010. Received 12/15/09 Received Surety Riderol/06/2010. Partial Release of collateral $-153,000.00 Termination date extended to 01/03/2011 (2010-0025) $27,000.00 Sent letter to Insurance Company and SemCrude 3/7/2011 asking for new rider Received Continuation Rider 3/31/11-Term date extended to 01/03/12 Recommendation: The Departments of Public Works and Planning Services are recommending final release of collateral, as shown above from the Weld County Collateral List, in the amount of$27,000.00 pc: Dave Bauer,Weld County Public Works Kim Ogle,Weld County Planning Services M VPLANNING—DEVELOPMENT REVIEW VUSR-Use by Special Review VUSR-1614 SemCrude Final Collateral Release(SemCrude,L.P.. USR-1614 Off-Site)-MEMO docx 2011-2928 • Richard Hastings From: Dye,Allan[adye@SEMGROUPCORP.COM] Sent: Tuesday, November 01,2011 2:30 PM To: Richard Hastings Cc: Barry, Hugh; Minielly,David; Dunn, Lynnisa Subject: Release of collateral for SemCrude,LP for USR-1614/AmUSR-1614 for public improvements(Intersection of WCR 49 and WCR 30) Richard, Pursuant to our conversation today,you informed me that the public improvements referenced in the subject line above and described in the Long-Term Maintenance and Improvements Agreement and Amended Long-Term Road Maintenance and Improvements Agreement for the improvements on WCR 30 at the entrance and the improvements to the intersection of WCR 49 and WCR 30 have been inspected by Weld County personnel and have been deemed complete. SemCrude is requesting that the Annual Performance Bond, #K07110236, from Westchester Fire Insurance Company,436 Walnut Street,WA10F, Philadelphia, PA 19106, in the amended amount of$27,000.00 be released at this time. Please let me know if you need additional information and thank you for working with us on this project. Allan Allan L. Dye Manager Land Services SemCrude, L.P. 11501 South I-44 Service Road Oklahoma City, OK 73173 Direct: (405)692-5153 Fax: (405) 691-5192 Cell: (918) 625-1760 Toll Free: (800) 522-3883 Email: ADye(c�semgrouncorp.com Important Notice:The information contained in this email.including any attached files.may be confidential,proprietary and/or legally privileged. If you are not the intended recipient,or have received this email in error,please notify the sender immediately and be advised that any review,disclosure,distribution or other use of this e-mail, including any attached files.is strictly prohibited. SemGroup,SemMaterials Mexico,White Cliffs Pipeline.SemCrude, SemGas.and SemStream are registered trademarks of SemGroup Corporation. • 1861 - 2011 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 i FAX: (97(970) 352-0242 P. O. BOX 758 W E L D._-C O U N T Y GREELEY, COLORADO 80632 November 8, 2011 Attn: Allan Dye SemCrude, L.P. 11501 South 1-44 Service Road Oklahoma City, Oklahoma 73173 RE: Cancellation and release of Collateral — SemCrude L.P. Mr. Dye: Attached hereto, please find the Board of County Commissioners Resolution releasing the Collateral for SemCrude, L.P., in the amount of $27,000.00. If you would like a recorded copy of the resolution, please contract our Clerk and Recorders Office at 970-304-6530. The original Annual Performance Bond and Continuation Certificate #K07110236, have been returned to Westchester Fire Insurance Company, do Marsh, USA, Inc., in the amount of$27,000.00. 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 414d..} Donna J. B chler, Deputy Clerk to the Board 1861 - 2011 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 . P. O. BOX 758 W E L ©_.CC O U N T Y GREELEY, COLORADO 80632 November 8, 2011 Attn: Melissa Haddick Marsh USA, Inc. 1000 Main Street, Suite 3000 Houston, TX 77002 RE: Cancellation and release of Collateral — SemCrude L.P. Ms. Haddick: Attached hereto, please find the Board of County Commissioners Resolution releasing the Collateral for SemCrude, L.P., in the amount of $27,000.00. If you would like a recorded copy of the resolution, please contract our Clerk and Recorders Office at 970-304-6530. I am returning the original Annual Performance Bond for $180,000.00, and Continuation Certificate #K07110236, in the amount of$27,000.00. 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. B hler, Deputy Clerk to the Board 4)0 or.cie,c°ZI CONTINUATION Zerk � co Ace,/ CERTIFICATE — '& e/ 4'° 6 II c°wise 40 C,4 e > x yeer . rQ l ° go er s Westchester Fire Insurance Company Surety n a certain Bond No. K07110236 dated effective January 3, 2008 (MONTH-DAY-YEAR) on behalf of SemCrude, L.P. (PRINCIPAL) and in favor of County of Weld (OBLIGEE) does hereby continue said bond in force for the further period beginning on January 3, 2011 (MONTH-DAY-YEAR) and ending on January 3, 2012 (MONTH-DAY-YEAR) Amount of bond Twenty Seven Thousand and No/100-----------------{$27,000.00) Description of bond Performance Bond Premium: N/A PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and provision that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all defaults committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event exceed the amount of said bond as hereinbefore set forth. Signed and dated on March 1, 2011 (MONTH-DAY-YEAR) Westchesterr Fire Insurance Company By \ \nP�iY]} Attorney-in-Fact Melissa Haddick Marsh USA, Inc. Agent 1000 Main Street, Suite 3000, Houston, TX 77002 Address of Agent 713-276-8537 Telephone Number of Agent S-0157/GE 8/08 XDP ( Power of WESTCHESTER FIRE INSURANCE COMPANY Attorney Know all men by these presents:That WESTCHESTER EIREINSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the follow og Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit "RESOLVED,that the following euthonwions relateto the execution,for end on behalf of the Company,of bonds.ondemkings,recognizances,contracts and other written commnmenu of the Company enteredmto the osdyiaey eptnae ofbuainese teach a'Wnttee,Conunornest')'. (I) Each ofe Chalmtan,the Prettiest endtheVice Presidents oflhe Company is hereby authorized to ex any Written Commitment for end on behalf of the Company tinder the seal of the Company or otherwise. (2) cacti duty eppoinktl attonryonfed ofe Comp any whereby nytlwnoad toes ateany Wnnen Commimtmtfor and on hebalf of Ilse Company,under theses]of the Company motherwise toe the enactthat such action n authorized'by the grant ofpowers provided for nrich persons written appointment as such attorney tn-fact (3) Eaca of the CM1usnan,We Psi dent and the Vtee Pron dents afllie Company isherebyauthoaud,for end on behalf of the Company 10 appoint in writing etty person the anonesyao-fect orate empony wit fail-power and wtmiry to execute;for and cm behalf ofiae Company,under the seal Odle Company err othewtse,such Wnneo Commitments of he Company as may bespec fedm such mitten opposeYment,which specificatmn may be by gmeca!rypamclmtof wnlren Conipdanener or by specifireuoe of erne or more pvtieWaz Wnnan omrmpgents (4) Each nfthe Chvsman,the President and Vice Presidents OftheCbmpany in hereby authonzed,for and on behalf of the Company,to delegatete wilting any otherofaoe(of the Company the audmntyso xecum,far and on behalfof the Company,under the Company's seal or othemnse,such Written Coounitm rent of the Company as are specified in such written delegation,which specification may be by general type or clsss of Written Gommiunena or by specification of one or more penicular W riven Commitmenu. (5) The signature pinny officer or Other pines:ex«uungAny Wnnen Commitment err appmmmen{or ddegmien pursuant to this Resolnuon end the seal oldie Company,may be amxed by ft mite ensuch W nnen Comosment or whiten appointment as delegation FURTHER RESOLVED,that the foregoing Resvlutian shed!net be deemed to be an exclusive statement of the powers and authonry of afraen,employees end other persona to ace for and on behalf ofthe Company,end such Regoluban shall not lima or otharwrse elfectmt ex rctsse of any such power areuthosiry otherwise validly erantedarvgled Does hereby nominate,constitute and appoint Donald RGibson,Gina Rodriguez,Joe Martinez,Melissa Haddick,Sandra:R Parker,Tannic Mattson,Tern L Morrison, all of the City of HOUSTON,Texas,each individually if there be more than one named,its true and lawful attorney-in-fact,m make,execute,seal and deliver on its behalf,and as its act and deed:any and all bonds,undertakings,recognizances,contracts and other writings in the nature thereofin penalties not exceeding Twenty Five million dollars&zero cents($25,000,000.00)an the execution of such writings in pursuance of these presents Shall bees binding upon said Company,as fully and amply as if they had been duly executed and acknowledged:by the regularly elected-officers of the Company at its principal office, •.IN WITNESS WHEREOF,the said Stephen M Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER (FIRE INSURANCE COMPANY this 20 day of January 2011. WESTCHESTER FIRE INSURANCE COMPANY } j , ; `y' Sknpbm M.Raney,Vke PR id4nt �4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 20 day of January,Al).201 I before me,a Notary Public of the Commonwealth of Pennsylvania in and:for the County of Philadelphia came Stephen M.Haney,Vice President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the preceding instrument,and he acknowledged that he executed the same and that the seal affixed to the preceding inSttvmtnt is the corporate seal of Said:Company,that the said corporate seal and his signature were.duly affixed•by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Duecturs of said Company,referred to!in the preceding instrument,is now m forcer IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written �*yr HEN f t4 a:GJgr�'� .. WNMOMWGgT10Ra'[1�gaYLVAtAa )C ga 1t r tf ' MQ T Pa 1 tf ' � y�t � lPt/ %miry reatr I,the undersigned Assistant Secretary of the W ESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OP ATTORNEY,of which the forego ng is a substantially trueand correct copy,is in full force and effect. In witness whereof,I have hereunto subscribed my name as Assistant Secretary and l affixed the corporate seal of the Corporation,this`�C day of t• 111 . ) .. . l WI1p.Rn Licel:7 Asa#anl warm" THIS POWER.OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE.AFTER January 20,2013, z I s 0 • THE RACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. • Bridgette S.Jackson Bond Specialist MARSH Marsh USA Inc. 1717 Main Street Dallas,TX 75201-7357 MARSH MERCER KROLL 214 303 8643 Fax 214 303 8649 "IC GUY CARPENTER OLIVER WYMAN bridgette.jackson@marsh.com www.marsh.com December 23, 2009 Mr. Allan Dye SemCrude, L.P. 11501 South 1-44 Service Road Oklahoma City, OK 73173 Subject: Bond Rider Principal: SemCrude, L.P. Obligee: County of Weld, State of Colorado Bond Description: Annual Performance Bond Bond Amount: $ 27,000.00 Bond Number: K07110236 Dear Mr. Dye: In response to your request dated December 15, 2009, enclosed is the above-referenced bond rider that has been executed to make the following changes: 1. Decrease the bond amount from $180,000 to $27,000 2. Extend the term of the bond through January 3, 2011 In the event that you do not accept and file the rider with the obligee, please return this original document to Marsh so that we can notify the surety company that the rider was not accepted and filed. If you have any questions, please feel free to contact me. Thank you for allowing Marsh to service your surety needs. Cordially, Bridgette eJackson Surety Department Enclosure 1 Power of WESTCIIESTER FIRE INSURANCE COMPANY • 1245386 Attorney • r 142651 Know a11.3lmen by tbese.presents:That W ES`iCNESTER FIRE INSURANCE COMPANY;a corporation ofthe State of New York,having its principal office in die City of Atlanta,Georgia-,pursuant to•Tfte following Resolution,adopted by the Board of Directors of the said Company on.Deeember 11;20 to wit:" RESOLVED Mat me following eutboeiyenons relate to theexecmm,brand on ht'": of the Company,of bonds ypderiAings,rccognkanocs,coavaciaaMn other written commitments of the eeerey catered mm thentinny robust ofbumneos(eacha"Wnam Comninwrn[p -' Cl) the oflhrYrotte ag thet'yanodent and theVlce Petsidennofthef."empanyla hereby anamlrzg110 IXcuOt Alt WnilWC0mRIotn®t brandim behalfnfdlecnrnpany,ruder the teal of that Company or otherwis¢ (2) Eachdulyappointtd attomeyjv-fact ofabeCompany isherdry ae :i.'xeiitoeaavtcauy:Writ[w Ccanimesd for end mbehalfoftbe Coo sy,voderlsesW a;t4,;c'npany or othgwiseto the exirntthet such action its authorized bYWegmnt otpowerrpromdcd'for in such pgmm wtittwlsdciementas such eaomey'indaa: (3) leach atlhc Cllgrmm,a,tfraident mdrhe Vice Praidmns of the Company thereby authorized,f t melon behalfofthoCompaan mappnimm;wtitiog any persoothe attorney-W-faeI of the Crugygry with full pawer' and authority toexecute,far aide behaf of the Company,under the owl ot1ae CAsnpmy:or�herwhc,SUCH Written Comaiuna:gofthe Compmyas may be>pgifiea m hatch whiten¢ppommtnt,which spec ...o.. mtybeby gmual type or chaos otWnttea Comm'vnlean or by epecificplon..-.f.:,opeae morep•armulw Wnttm Gona..::t :ir 01) leach ofihe Chauman,the •'Prmidentmd••-Yceftea,dmts ••afthe•Company a•hereby authorized,brad on bebalfafthe Company to delegate se.wotingto any olbeoffa of of the Company the authority to •-::: •::':'' ':''' .''.:. 'H%-':thexecute,for and m behaf'df the Cpmpmy:oaderahe CompmY'ssem m otheMn•eq mehWritten ComnlimKnuef the Cbmpoaoy acme spwfiW nn each writer delegmmn,which tpncifjcation May be by gengm type or clan of Written Cbmmlaneeu or by speetfiratton of ewer more pardculex i.Written Comnummts:'• (sl...-- The mgaMure of any oKicer of other pemonexautfa any WrUiw Commtmemor appointment or delegenm purcumt to this Resoludon,and me seat a€the Company,may be offset by facsimile oh such Written Cemmimsent:.•''' wnttm uppoiaatnsl or delegation.' •FURTHER RE$GtVSD,thatthe foregoing Rgoluuon shall noise deemed[obe m exduciye statement of the.powers and authority ofoRcera,employee and other persons to act for and op behalf PI the Company red. sorb Raolmion shatlnm irOt rdatewiat:afficethe:exercise of ady:puch power or authmrity odtetwise veidly anted arvmrett.':. FuRTHaIt RSSOLVEU,WaCibeReatuhon of the BomdufDlrectoesof die Company adapted mlhemeeifug held ov Novembi' 6 1 etau 999 rngn i theauthWl9Attop*f tertahn:-...:1).rsons mattune,frmd oe'bchaa of the Company,Written Comrptbbents and pppainmeo hand delesetiow,is hereby rescinded. Does hereby nominate,eonstitote and appoint LAWRENCE W.WALDIE,_BRIDGE 1 1 E S-JACKSON;PATI Y PENNING,PHIL NEIGHORN and CLAUDIA CHAVEZ-ORTIZ all of the City'of Dallas,Stateof Texas,each individttatly ft there be morethan otw named,its true.•and lawful attomey-in-fast to make, • execute,seal and deliver on its behalf,and as its ac€-and deed any and all bands,undertak tfas,'recognizanees,contracts:and other writings td the nature thereof in penatiies'not exceeding Ten Million Dollars($10,000,000)•and tIe'execution tof;such writings'a'pursuance of these presents shall be as binding upon-said Compagy,.as'Iwly and;mnply as,ifth'ey had been dti,ly executed'and aekowledged by the regularly elected officers-of the Company ae its p'r'incipal:d office. iN WITNESS WHERE©F,Utesaid:Stephen M.Tlapey,Vico-President,hatlteteimk+subsctibed-his.naute and affixed the corporate seal of the said 3VESTCHESTER FIRE INSURANCE COMPANY this 5th day ofFebruary.2008, , WESTCHEST'ER FIRE INSURANCE COMPANY ..Stepben�IvL Haney a Vice President , COMMONWEALTH,OF PENNSYLVANIA COUNTY'OF.PHILADELPHIA S5. '. .";:•:::'' '-•' On this 3tttdoy of February Al). .2008.;before itie,'a Notary Public of the Commonwealth oz Fallasylvania•sn and for the,Countyof Philadelphia came.Stephen M.Haney,Vloe-Preside•nt•of€he WESTCIIESTER FIRE INSURANCEGO'MPA9"IY tome personally known to be the individual,and officer who executed theprecedirig irispumanUand Inc acknowledged that be-executed e's me and that thb seat affixed to the-preceding mstmment is the corporate seal of said Company;:;that the saideuiporatc seal Hr-Fe s signature were duly,affbtedbxtheatitlwrity and,d section of thesaed corporation,and that Resolu€ion,adopted by the Hoard of DirectorsMnid Company,referred tom€b111. 7. eprecddirig msft'iiment,is.now in force, IN TESTIMONY WHEREOF,I have hereunto set rrtylrand and•atxd myoffiot eal;seat•at'dra City nffthiladeiphia 3t.::•.,tfie daand.year first above written. COIYiIQIiMYIkr{I-7�e1e��ia��Y��V PetPN�NSYL''Y*t41A - -'. Y �iGdY� ..,H,:.•:1........ ° a EN E EIRkNDfi N 0001 `,., °' yC1P9ha�E ®pleml>K�+ tSb1 Notary Public I,the undersigned Assistant Sech.reta h. •WESTCIEESSTER FIRE INSURANCE COMPANY;do hereby certify thatthe original ......PW••ER OF •:•••:fT•TORNEYrofwhich�tlte foregoing is a aul(atanti04Fy true and cornet copy,rs in hill force and effect - • - • • - ^' :t In l• ''' ' Iwhest I have_in t&subscribed my thine 8a Assist*pt&ecretaty,apda'ffixed.thgctupomte seal,of the Corporation,thi '^ day of d C..?E'f 1:::"812\4‘'''''::: ,�y�, /.•� William:L:Melly,Assistant Secretary o •::•1\444NGIS:•.,, TINS POWER OF ATTORNEY.MAY NOT BF USEDI'O EXECITFE ANY BOND WITH Al If CEPTION DATE•AFTER'Feb nary 5,:::29'.f.4.,.-- THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. II SURETY RIDER To be attached to and form a part of Bond No: K07110236 Type of Annual Performance Bond-Offsite Improvements on WCR 30 at entrance and improvements to the intersection of WCR 49 and Bond: WCR 30 in Weld County,Colorado dated January 3,2008 effective (MONTH-DAY-YEAR) executed by SemCrude,L.P. ,as Principal, (PRINCIPAL) and by Westchester Fire Insurance Company , as Surety, in favor of County of Weld,State of Colorado (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing decreasing the amount of the bond as follows: FROM:One Hundred Eighty Thousand and no/100---($180,000.00) TO:Twenty Seven Thousand and no/I 00---($27,000.00) -and- Extending the term of the bond through January 3,2011. Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider 12/21/2009 is effective (MONTH-DAY-YEAR) Signed and Sealed 12/21/2009 (MONTH-DAY-YEAR) SemCmde,L.P. (PRINCIPAL) By: I'C zAc2-4a,"4-°1-4"r (PRINCIPAL) Westchester Fire Insurance Company (SURETY) By: (ATTORNEY-IN-FACT)\ Bridgett .Jackson L 5-0443/GE 7/04 XDP CONTINUATION CERTIFICATE di& THE Westchester Fire Insurance Company (hereinafter the Surety) hereby continues in force its Bond No. K07110236 in the sum of One Hundred Eighty Thousand Dollars and 00/100($180,000.00), on behalf of SemCrude, L.P. in favor of County of Weld, State of Colorado for the (extended) term beginning on the 3rd day of January, 2009 and ending on the 3rd day of January, 2010 subject to all the covenants and conditions of said bond. This Continuation is executed upon the express condition that the Company's liability shall not be cumulative and shall be limited at all times by the amount of the penalty stated in the bond. IN WITNESS WHEREOF, the Company has caused this instrument to be signed by its duly authorized Attorney-in-fact and its corporate seal to be hereto affixed this 5th day of January, 2009. SemCrude, L.P. Westchester Fire Insurance Company Principal Surety By: Vice President Of Ope ions Jane Jenkins, Attorney-In-Fac't-' Power of • WESTCHEST•ERR COMPANY•FIE INSURANCE 1287546 135753 • Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a-Corporation ofthe State of New York,having its principal office in the City QUA-natl.Athmta,Georgia,pursuant to.the following Res/410On,adapted by the Board of Directors of the said-Company one December 11,2006,to -' RESOLVED,that the following:audmnzmons rclaeem the eaeeuhon,•for and on behalf of the Company,of bonds,undertakings,recognimnce5,contracts end other written commhmenh of the Company entered into-..c.:: the ordinary course ofbusinass(eacle "Written Comtatmeot"} (₹t Each of the Chatrman,thePresident and the Vice Fidatdmts of the Companyla hereby authorized to execute any written•Commitment for,and on bchelfof the Company,under the seal a(the Company or otherwise (2) Each duly appointed attorney-tn-fact ofth Companyis•hereby authorized to execute airy Wntten Commitment for and on behalfof au:Company,under the seal of the Company o n h rwisc,mOm extent lhpt such acne,en authorized by the giant of powers provide$for in suers patens wnneeappamanem as such attaaey-iIt tact (3) > Each oftheCbmmmm the Neaident and the Vice Presidents ofthe Company to hereby mahonzed,fur and on behalf of the Company,to appoint to wntiog any person theattorney mfaet of the Comp_y with full paer t slid aWbonty teexcttite,for aitd on behalf oflhe Company,anderthe seal oldie Companyor otherwise,such Written-Commmnems ofthe Company as may be specd'ied In such written appointottnt,which spec, nation may betty gedgral type or class ofwrlte u Colnmifmints oeby wecafcptlan of one or more pamculer written Commnmerw• (4) Eachofthe Crymnnan she Presiscntend Vice Pmsidpas oftheConlpany ishereby authon}W,for-and on bate oftheCompany,to delegate insv,iong to any other officer ofhhe Company the authonty as exeute lot and en behalf-try the Company,under the Company's:seal or otherwise,such Written Cnmmianeots of the Coinpoany as arc specifled in such written delegation,which apeatlmt may be bygeneml type or class of Wnnen Commitments ur by specihcaaon ofone or gore parneulai-Written commitments_:. - (3):,._. Theatgnature ofany offomor other person ececngog soy Written C'pmmetvlenl or nppaintivent or deleenimt pursuant tetthis Rerrolutian,and the seal of the Company,inay be affixed by facnmle on such W'rmen Gommimtent oewritten appointment err delegation:' ""' - " FlATI-lEit RESOLVED,that the forcgomg Resolution shall net.be deemed to bean exclusive statement of the powers and authority of officers,employees and other persons to nct for and on behalf of the-Company,and tacit iaolutim Stall Mx limo or otherwise:affect the exercise ofany.such poweror authority otherwise va)tdlygrantedor vested, FURTHER RESOLVED that die Reaaladoo otthe Board of Dnectonn(theCompaoy adopted mthemeeling held-on November 5,1599 relating to the authorization of certain pesonsto execute,for endon behalf of the Company,Written Commitadents and nppeintmeod and delegations,is hereby rescinded Does hereby nominate,constitute and appo ANET int J JENKINS,STUART E K F.DESELMS,DIANERN,BRIGETTE BURGESS,WILLIAM A.GRANT,III,JEFFREY W.HOLMES and CA/HY HEILIGEIt all Of the City of Tulsa,State of Oklahoma,each:individually,if there be more than one heated,its true and:lawful attorney-in•fact, o rnake,•execute,seal and deliver on its behalf,and as its.act and deed any and all bonds,undertakings,recognizances,contracts and:other writings in the nature thereof intpenalties not exceeding Ten Million Dollars($10,000,000)and the execution of such writings in pursuance Of these presents shall be-as binding upon:said Company,as fully and amply as if they hadtieen duly executed and ackowledged by the regularly elected officers of the Company at its principal pf6ce -IN WITNESS WHEREOF,the said Stephen M.Haney,Viee•President,has hereunto subscribed his name and affixed the corporate seal of the said•WESTCHESTER FIRE INSURANCE COMPANY this 2nd-day of January 2009-. •• '. ,t,it5T WESTCHESTER FIRE INSURANCE COMPANY GRANtB G: Stephen M.Haney;Vl• President COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss On this 2nd day bf January,A D.2009;;before me,a Notary Public oftheComtnonwealtb oftPennsylvania m and for the County ai'Philadelphla came Stephen M:Haney,Viee.President of the WESTCHESTER FIRE INSURANCECOMPANY to me personally known to be the tndividual and officer who executed thepreceding instrument;and he acknowledge$that he executed the saute,and that the seal affixed to the preceding instrument is the corporate sealof said Company,that the said corporate sealand his signature were duly,affixed by the authority'and direction of the'said corporation,and - that Resolution;adopted by the Board of Directors of said Company,referred to in thepreceding instrument,is now in force TN TESTIMONY WHEREOF,I have•hereunto set my hand and•affixed eny official seat at the City of Philadelphia the day and year first above written •:BEN, CptY V .114 OFPOWNlYLYAMIA `': 2 MOTARIALSEAL ¢' N E BRAND l;lJittary Pu5Nc : :,„ "' ;, �I,, ( ,Q•, lhl8,ptllli c"ldlr • .. ,,n��4x. s! ^'T epRgt `pfiIf@5YCfhbBf 26 7pt0 "• ^ -• Notary Public I,the u•ndersigned Assistant Seeretaryof WESTCHESTER FIRE INSURANCE COMPANY,do hereby-certify that the ongrnal POWER OF' ATTORNEY,of which the foregoing is a substantially true sod correctcopy,is in full forge and•effect. In witness whereof I have hereunto.subscribed my name as Assistant Secretary,and affixed the.corporate seal of the Corporation,this',' rth day yrF ai••y„:�•..!..„ M11J _ .x,t,paa GOt William L.Kelly,Assistant Secretary THIS POWER OF ATTO•RNEY MAY.:Nor USED TO EXECUTE ANY BOND.WITH AN INCEPTION DATE AFTER January 2,2011 • THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES MI THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. Annual Performance Bond Bond No. K07110236 KNOW ALL MEN BY THESE PRESENTS, that we, SemCrude, L.P., as Principal, (hereinafter called the "Principal"), and WESTCHESTER FIRE INSURANCE COMPANY ,(hereinafter called the"Surety"),are held firmly bound unto the County of Weld, State of Colorado as Obligee, (hereinafter called the"Obligee"), in the maximum penal sum of One Hundred and Eighty Thousand and no/100 Dollars, ($ 180,000.00), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors,successors,assigns,jointly and severally,firmly by these presents. WHEREAS, the above bound Principal has entered into a certain written contract with the above mentioned Obligee described as: Off-Site Improvements on WCR 30 at the entrance and improvements to the intersection of WCR 49 and WCR 30 in Weld County, Colorado dated September 18,2007,contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. WHEREAS,the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of only one year. NOW, THEREFORE,the condition of this obligation is such that, if the Principal shall indemnify the Obligee for any and all loss that the Obligee may sustain by reason of the Principal's failure to comply with the terms and conditions of said Contract,then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED,HOWEVER,that: I. The term of this bond is for the period commencing January 3,2008 and expiring on January 3,2009, unless released by the Obligee prior thereto. However,the term of this bond may be renewed for an additional one-year period(s)by the issuance of a Continuation Certificate by the Surety. 2. Neither nonrenewal by the Surety nor failure of the Principal to provide the Obligee with a replacement bond shall constitute default under this bond. 3. In the event the Principal shall be declared by the Obligee to be in default under the Contract, the Obligee shall provide the Surety with a written statement setting forth the particular facts of said default no later than thirty(30)days from the date of said default, which notice shall be sent to the Surety by registered mail to the address in stated in Section 6 below. 4. The Surety will have the right and opportunity, at its option, and in its sole discretion, to: a.)cure the default; b.)assume the remainder of the Contract and to perform or sublet same; c.)or to tender to the Obligee funds sufficient to pay the cost of completion less the balance of the Contract price up to an amount not to exceed the penal sum of the bond. In no event shall Surety be liable for fines, penalties, liquidated damages or forfeitures assessed against the Principal. 5. The Obligee's acceptance of this bond and reliance upon it as security constitutes its acknowledgement and agreement as to the terms under which it is offered and issued by the Surety. 6. All notices,demands and correspondence with respect to this bond shall be in writing and addressed to: The Surety at:436 Walnut Street WAI OF,Philadelphia,PA 19106 The Principal at: 611,0 to swke1Pa i k.'7yi3tr The Obligee at: SIGNED,SEALED AND DATED this 3rd day of January,2008. Principal: SemCr By: Tit : Surety: WESTCHESTER FIREINSURANCE COMPANY By: 0{441 "__ ,Attorney-In-Fact rev.08/06 Diane Kern (Power OfIL WESTCHESTER•FIRE INSURANCE.COMPANS' - j 1233988 Attorney 1(w� a • 135753 • Know all TDen by these presents: That WESTCHESTER FIRE INSURANCE COMPANY,acorporation of the State of New York,•having.ds principal office in the City of Atlanta-Georgia;pursuant to-the following-Resolution,adopted by the Board ofOsrectors of the said Company on December 11,2006,to • =wit;- - - - • "RESOLVED,that the follmvmg amhmysiiona relater The execution,for and on behalf offthe Co patty.oflbond,undertakings,r ognsanees,coy+aclsand,Other wdnten,commonents of the Company entered into the ordinary course of busuess(each a"Written Commiovpnr'): --(a) -Eaton of the Cherman,theYrcaident and the Vice Plaidentsnf the Conpany s hereby authorized to executeany Written Commitment for and on behalf of the Company,udder the seal of the Company op othewmc (2)- Each-duly appointedanaraeyyan-fact ofthe Company..is he*authorized so executeany Written Commitmers for and ott behalf of the Company,under the teal of list Company or otherwise,tothe extent that such `dctmn is authorized by-thegiant of powers piovided.for in such pensdns wrNknippoinuneet as such a4mney-in-fact • (37.-' Each ofthe:Cherman the'P'resident and the Vice Presidems of the Compaoy n tetchy.auttor ed f and Sin behalf fitr Compny,Wappotm tudrritngany perso Yheattome) ntfact of the Company with FOR power and authority tt execute for and no behalf of the Company,undedthe seal of the Company of otherwise,such Worn. C mmiunenm of the CAmpnny as may be specified'n such written'appointment.which specification'• may be by gwterat typebt class of•Wriveu Commitments achy Speatlieatioa ofoneei more particular Written CommtLnenta- (I) Each of She Char onto}he President sod Vice Picsidenu ofiheCompany is hereby asehori2ed jos and on behalf of the f mpany,to delegate ir writinh t any other officer of the Company the tli n lo cite-Cute:for ; and on behalf Of the Company,under the Company-shoal or otherwise,such W noun ComMionents of the Compoany as are specified in such writen deleg9t on,which specification may be bygeneral type or class of Written Commitments or by spccifiaadon alone or more paruoular Written Commitments. (5): Thc,sigmature of any officer another person Laecafug any Written Commitment or appoinnnentor delegation porsuant to ibis ltesaloton and she sealof thefonpany.maybe affixed by facsimile on such Wnnen Commitment or wnuen appomtmant or delegation. FURTtIER RESOLVED,thacsfieioregoing Resolution shall not-b<dmncd b M an exclusive statement ofthopowers and auNority of other pcmonsmo act for and.on behaf pf the Company,and: shell atsolusion shall notlimit pr otbcnvtseaffect the exercise of toy antch power of autibrity otherwise validly-granted of vested.. • ' ' : FUR fHER RESOLVED that the Resolotion of the 6oardof Directors:of the Company adopted it the meeting held on November$1499 relating to theauthonaelon of eenain,persons to execute for and nn.behatf of I,. the Cosopany:Written Commttmeatsand pppPinttnrntaan4 delebads.tio is hereby reseindeil. • • • • Does hereby nominate,constittite and appoint JANET JENKJNS,STUART,F DESELMS,DIANEKERN,BRIGEl_I_E BURGESS;W ILLIAM A.GRANT,III,JEFFREY W:HOLMES and CATHY HEILIGER all of the City of Tulsa,State of Oklahoma.,each•individually if there be more than one named,its true'nd•lawful attorney-m fact,tormMke,cxeeute;teal and deliver on its behalf,and as its act and deed any and all bonds,undertakings',recognizances,contracts,and other writings in the nature thereof in penalties not exceeding Ten Million Dollars($10,000,000)and the execution of sueh writings in pursuance of these presents shall be'nbindtng npon said Company,as fully and'amply as if they had been dub/executed and aekowledged by the regularly cleated officers of the company at-us principal office IN WITNESS WHEREOF,ilia said Stephen M.Hairey,Vice President,has hereunto subscribed his name and affixed the corporate seal of the said WESTCHESTER FIRE:INSURANCE COMPANY this 13th day of November 200,T. - WESTCHESTER FIRE INSURANCE COMPANY *••%t �RA$C O StephenM.Haney,Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA. ss '-. On this 17th'day of November ,A.D 2OO3,before me a Notary Public of the Commonwealth of Pennsylvania in pad for the County of Philadelphia<-' came Stephen M`Haney,Vice;President of•the WESTCHESTER FIRE INSURANCE COMPANY tome personally known to'be the individual and :officer who executed the preceding instrument;--and he acknowledged that be executed the.Same,anti that the seat affixed to the preceding instrument is the corporate seal of said Company;_that the-said'corporate seal and his signature were dulyaftixed 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,as now in force. IN TESTIMONY WHEREOF,--.1 have hereunto set my hand and affixed my official seat attheCity of Philadelphia the day and year lirst above written. • COMMt7M -iii QF PltHds*l4YANJA y. 'cc r NffTARIAt$E11L " ' °` N E.BRANDY,NMIey Pudle ;k.e • f g4iiiSfitdfadPIPES.y,111tC (tea t0�• �.1- --y1_ `etM ' , Yytyt(tatisistlen E Nte�t` Stipttinbea W,1lF Notary public 1,the undersigned Assistant Secretary-af WESTCHESTER FIRE INSURANCE COMPANY-:,do hereby certify that the original POWER•OF ATTORNEY• ,ofwhich theforegomg is a substantially true and Correct copy,is-in full force and effect. - in witness�wt�hne/reof,I have hereuntolsubscrtbed my name as Assistant • . Secretary,and affixed the:corporate Seal of the Corporation,this 3Pd day • • of. llmtlw, l 2 . • 34t 1cltsA�,� • '_. ., TC 5sty,. CW' Wilham L Kelly,Assistant Secretary o THIS POWER OF-ATTORNEY:MAY NOT RE USED TO EXECUTE ANY BOND WITH AN•INCEPTION DATEIAFTER November 13,2009, II THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES Ill THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. U.S. Postal Service,. CERTIFIED MAILTM RECEIPT cR (Domestic Mall Only;No Insurance Coverage Provided) Q' For•elWary iM rmatl nvisit •urwe•site at www.us•s •m r O N u-I Postage $ m O Certified Fee ��/II Returnem Receipt Fee 5�fr He -�b (Endorsement Receipt Required) Her Restricted Delivery Fee 1 (Endorsement Required) / ru Total Postage&Fees O Sent o o e/M dfae.- 1/Sd%s'�ij C` (riot,-pf No.; - -r--- orPoaoxNo. /)/In /fithSy s •�/1e �j1��5 City,State Z'+4 1 (/ airi • i r 774 PS Form 3800,June 2002 See Reverse for Instructions '�p. V SEN a E•: C•M•LETE THIS SECTI•N C•M•LETE THIS 'T:nc t., ,r,. • Complete items 1,2,and 3.Also complete rgC item 4 if Restricted Delivery is desired. `G }.M ';'t ■'. ! 66 7 • Print your name and address on the reverse X aLLhL.1`.• ,�• _�=_R so that we can return the card to you. w4► B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? O Yes 1. Article Addressed to: _ If YES,enter delivery address below: O No 111-1/1 ; .ale%s 't Mdd,i2t Ala r5h �ls, 060 .Ala%r9,57/1 J/e 3. SyrvIEtjype �� ed Mail O Express Mail �/1, 5�D�i TX 77DD O Registered L7 Retum Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7004 2890 0003 5709 9140 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 1o2enc.n2-M154o Hello