The URL can be used to link to this page

Browse Search

Home My WebLink About20101177.tiff 505 RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPTANCE OF REPLACEMENT COLLATERAL 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. Curtler, Jr. Family Trust and Dorthy K. Gurtler Trust, 7538 County Road 49, Hudson, Colorado 80642, c/o 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 February 4, 2008, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance) 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 Number K07110273, from Westchester Fire Insurance Company,436 Walnut Street, WA10F, Philadelphia, Pennsylvania 19106, in the amount of$301,289.73, and WHEREAS, the Board received a request for a possible release of collateral; however, the Departments of Planning Services and Public Works recommended that one hundred percent (100%) of the collateral be retained due to the fact that the non-transportation items and transportation related items had not been completed to their satisfaction, THEREFORE, on January 6, 2010, the Board was presented with replacement collateral in the form of Surety Rider to Annual Performance Bond Number K07110273 from Westchester Fire Insurance Company, in the amount of $301,289.73, extending the termination date to January 4, 2011. WHEREAS,staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend release of a portion of said collateral in the amount of$256,096.27, retaining $45,193.46 for a period of one year as warranty collateral. WHEREAS, the Board has been presented with a Decrease Rider for Bond Number K07110273, drawn on Westchester Fire Insurance Company, do Marsh USA Inc., 4400 Comerica Bank Tower, 1717 Main Street, Dallas, Texas 75201-7357, in the amount of$45,193.46, effective May 20, 2010, which shall be retained for a period of one year as warranty collateral. 111111111111 VIII' III 11111111 III 1111111 III 11111 IIII IIII c,G Pte, 3701505 06/24/2010 11:15A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Lt •as--ID 2010-1177 PL1918 PARTIAL CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPTANCE OF REPLACEMENT COLLATERAL FOR USR#1614-SEMCRUDE, LP PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Annual Performance Bond Number K07110273,drawn on Westchester Fire Insurance Company, in the amount of$301,289.73 be, and hereby is, canceled and released, and the replacement Decrease Rider Bond, in the amount of$45,193.46 be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party, upon full release of remaining collateral. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO ATTEST: r� j llsa GV� Weld County Clerk tot r' � . 0 kt? Dou�la Rademac $F, Chair arbara Kirk yer, Pr -Tem BY .viii s ►�_:�.vls,�:_� Deputy CI to he Bo- ate c Sean P. Conw APP ED A F M: 01(e-2 Willi F. Garcia Coun y orney David E. Long Date of signature: 423/2 7/4 111111111111 NMI lit III 1111111III11111 DE MI 3701505 06/24/2010 11:15A Weld County, CO 2 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2010-1177 PL1918 MEMORANDUM BoaDATE: Mayr27, 2010nty Commissioners Ii` a COLORADO • FROM: Kim Ogle, Planning Services SUBJECT: Partial Release of Collateral Annual Performance Bond #K07110273 Westchester Fire Insurance Company Case No. AmUSR-1614 for SemCrude, LP c/o Allan Dye, Applicant The Department of Planning Services received a request from Allan L. Dye, Manager Land Services for SemCrude, L.P. of Oklahoma City, Oklahoma for a reduction of Bond No. K07110273 from Westchester Fire Insurance Company. The Department of Planning Services inspected the property in March 2010 and determined the non-transportation items were installed as specified on the USR Plat. The Department of Public Works conducted an inspection on May 21, 2010 and determined that the transportation related items, culverts and associated rip-rap, had been installed per design specification as delineated on the approved Drainage Plans. Therefore, the Department of Public Works recommends that three hundred one thousand, two hundred eighty-nine and 73/100s ($301,289.73) dollars be released, retaining replacement collateral for the one-year warranty period of forty-five thousand one hundred ninety-three ($45,193.46) and 46/100s dollars. The applicant has submitted replacement collateral in the form of a Decrease Surety Rider for Bond No. K07110273 from Westchester Fire Insurance Company to cover the one-year warranty period. The Weld County Attorney and the Department of Public Works have determined that the replacement collateral is sufficient to complete the warranty work required for SemCrude, LP, case number AmUSR-1614 for on-site road improvements warranty, and the Departments of Public Works and Planning Services recommend acceptance of this Bond. 2010-1177 MEMORANDUM (fat al. TO: Kim Ogle, Planning Services DATE: 25-May-2010 W I FROM: Richard A. Hastings, Weld County Public Works • SUBJECT: (AmUSR-1614)—SemCrude, LP (2"d Re-inspection of Drainage COLORADO Features Adjacent to WCR 30) Weld County Public Works Department performed a site inspection on 5/21/10, at the above mentioned site, and has observed the following, related to items previously cited as needing repair: • Filter fabric was found to be installed, under all of the associated rip rap, during the inspection. (See Example Photo#IBelow) • The rip rap installed on the outlet/east side of the Exit Culverts is of correct grade to allow proper discharge of run-off flows. (See Example Photo#2 Below) .1 s - --- NMOIPIIIM a , Y;. . . "f" tP j" : t. st ' •,�. ``'yam{ _ Filter Fabric ,rr� a - y} x§ .Kb. Wes' �9 v{y �` *eke - Y f1., # •M aµ yi n « , a. 4 tit r ein W.f.:" %'�Y 1 Photo#1- Exit/East Driveway Culvert(inlet) Photo#2- Exit Culverts-(outlet) Recommendation Rip rap at both the Driveway and Site Culverts, as per specifications of the associated drainage plans, was installed properly and can be accepted. Filter fabric was observed under the riprap. The proper flow- line from the Site Culvert was re-established to allow for adequate drainage of run-off and the riprap does not block the outlet. Public Works recommends releasing $256,096.27(85%) of the associated collateral $301,289.73(100%) and retaining $45,193.46(15%) of the collateral for a one year warranty period. pc: Dave Bauer, Weld County Public Works Don Carroll, Weld County Public Works Nick Marquez, Weld County Public Works AmUSR-1614 M:\PI.%NVING—DEN El RF.V IF:w\tISR-tee by Special Review\Amt SR-I614-SemCrude\IiSR-1614 memo(5-2S-10).don Kim Ogle From: Kim Ogle Sent: Thursday, May 20, 2010 5:46 AM To: 'Dye, Allan' Cc: Dunn, Lynnisa; Richard Hastings; Kim Ogle Subject: RE: SemCrude, LP/Gurtler(2008-0407) USR#1614-Imps Agrmt(private Road Maintenance)- Annual Performance Bond#K07110273 Good morning, The Department of Planning Services and the Department of Public Works have placed this land use case and associated site improvements in the one-year warranty period phase of development and have agreed to a reduction in bond, releasing 85% of the face value of the bond and retaining 15% of the bond, by calculation forty-five thousand one hundred ninety three and 46/100 (45,193.46) dollars is to be retained. It is the policy of Weld County Government to accept replacement collateral and release the original note by Administrative hearing process. Should you have questions or concerns, please contact this office. Thank you. Kim Ogle Weld County Planning Services-Greeley Office 1555 North 17th Avenue I Greeley CO 806311 koole(lco.weld.co.us T:970.356.4000 x 3549 I F:970 304 6498 1 From: Dye, Allan [mailto:adye@SEMGROUPCORP.COM] Sent: Wednesday, May 19, 2010 12:26 PM To: Kim Ogle Cc: Dunn, Lynnisa Subject: SemCrude, LP/Gurtler(2008-0407) USR #1614-Imps Agrmt(private Road Maintenance)-Annual Performance Bond #K07110273 Kim, Pursuant to our conversation, I discussed the reduction in the subject bond from the current$301,289.73 to$45,193.46 with our bonding company and they have requested that you confirm this reduction with an e-mail. Once you have done that,then the bonding company will issue a rider decreasing the bond to the agreed upon amount. Please let me know if you have any questions. Allan Allan L. Dye Manager Land Services SemCrude, L.P. 11501 South 1-44 Service Road Oklahoma City,OK 73173 Direct: (4O5)692-5153 Fax: (4O5) 691-5192 Cell: (918) 625-1760 Toll Free: (800) 522-3883 Email:ADve@semgroupcorp.com i 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, SemCrude, SemGas, and SemStream are registered trademarks of SemGroup Corporation. 2 Lynnisa Dunn SemCrude Land Services Admin Assistant Tel: 405.692.5142 Fax: 405.691.5192 E-Mail: ldunn !semgroupcorp.com May 25, 2010 Via Federal Express Weld County Planning Services- Greeley Office 1555 North 17th Avenue Greeley, Colorado 80631 Attn: Kim Ogle Re: Decrease Rider Bond Number K07110273 Weld County, Colorado Dear Mr. Ogle: Enclosed please find the Decrease Rider for Bond Number K07110273 IN Weld County, Colorado. Should you have any questions, please contact me at the number shown above. Otherwise,thank you for your continued cooperation in working with SemCrude, L.P. Best Regards, /..7) �(l DDunn ynms Dunn Admin Assistant LD/Enclosures Semerude,L.P.,a SemGroup'' Company 11501 w.,t. 1.Se..'Iue R.oa 0/1[(r J C'v,OK 7 U73 9)15 j .I 05. 01 r-;i15 r;x.405.6+1 5192 <ri S. I to outo Patricia Penning (Patty) Client Representative MARSH Marsh USA Inc. 4400 Comerica Bank Tower 1717 Main Street MARSH MERCER KROLL Dallas,TX 75201-7357 'N , GUY CARPENTER OLIVER WYMAN +1 214 303 8544 patricia.w.penning@marsh.com www.marsh.com May 20, 2010 Mr. Allan L. Dye Manager Land Services SemCrude, L.P. 11501 South 1-44 Service Road Oklahoma City, OK 73173 Subject: Decrease Rider Principal: SemCrude, L.P. Obligee: County of Weld, State of Colorado Bond Description: Performance —On-Site Improvements— Platteville WCR 30 and 49 in Weld County, Colorado Original Bond: $301,289.63 Revised Bond Amount: $ 45,193.46 Bond Number: K07110273 Surety Name: Westchester Fire Insurance Company Dear Allan: Enclosed is surety decrease rider for bond K07110273. Please review for accuracy, sign and then forward to the County of Weld, State of Colorado for filing and acceptance. Sincerely, Patricia Penning (Patty) DECREASE RIDER To be attached to and form a part of Bond Number K07110273 issued by Westchester Fire Insurance Company on behalf of SemCrude, L.P as Principal in favor of County of Weld, State of Colorado as Obligee, effective January 3,2008 IT IS HEREBY UNDERSTOOD AND AGREED, that, The penal sum of this bond is decreased from Three Hundred One Thousand Two Hundred Eighty-nine and 73/100--- Dollars ($ 301,289.73 to Forty-five Thousand one hundred ninety-three and 46/100 Dollars($45,193.46 ) effective the 20th day of May , 2010 cs deft evylairtice,,LP � Principal By Z//�!��W�2 / Westchester Fire Insurance Company Surety Patty P Att. ney-in-Fact COM1-A:DECREASE.RID S-2864/GE 2/98 XDP II - \ Power of WESTCHESTER FIRE INSURANCE COMPANY Attorney Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the State of New York,having its principal office in the City of Atlanta,Georgia pursuant to the following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to 'RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings recognizances,contracts aid ether written commitments of the Company entered into the ordinary course of business(each a"Written Commitment"), (I) Each ofthe Chairman,the President and the Via Presidents ofthe Company is hereby authorized to ekecutc any Written Commitment for and on behalfofthe Company,under the-Dal of the Company or otherwise (2) Each dub appointed attorneyin fact of the Company is hereby authorized to execute any Written Commitment for and on behalf ofthe Company,under the seal of the Company or othenOaae to the extentthat such action is authorized by the grant of powers provided for in such.petsonstotiite9 appointment as such atmmey-in fact. (3) Eao)ofthe Chairman,the President and the Vice Presidents of dm Company rs hereby authorized,for and on behalf of the Company,to appoint in writing any person the atmmeym factofthe Company welt full powee and ahihority to execute,for and on behalf of the Company under the seal of the Company or otherwise,such Written Comm,anentzof Ore Company as may be specified in such written appointment which specificadon may be by general type or clans of Written Canuatment or by specification of one or more paraeular Written Commitments. (4) Each of!hp chairman,the Prix dent and Vice.Pradents of the Company in hereby authorized,for and on behalf of the Company,to delegate to writing any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more pamcular Written Commitments. (5) The signature of any:officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company may be affixed by faatmle on such< Written Commit nevi or wnnen appointment or delegation FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to bean Delusive statement of the powers and authority of officers,employees and other persons to ad for and on'behalf of the Company,and such Resolution shall not limit or othenvtsc affect the menthe of any such power or authority otherwise validly granted or vested FURTHER RESOLVED,that-the Resolution of the Board of-Directors ofthe Company adopted at the meeting held on November 8,1999 relating to the authorization ofcertam persons to execute,far and on behalf of the Company,Written Commitments and appointments and delegations,in hereby rescinded. Does hereby nominate,constitute and appoint=Bndgette S Jackson,Claudia Chavez Ortiz,Lawrence W Waldae,Patty Penning,Phd Neighorn,all of the City of DALLAS.Texas,each individually if there be more than one named,its true and lawful attorney-ill-fact,to makes 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 in penalties not exceeding Ten million dollars&zero cents ($10,000,000.00)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 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 30 day of March 2010 WESTCHESTER FIRE INSURANCE COMPANY I, Ate deco t M ` .‘ K Stpplkn M,Haney.Vice Prealeml era. COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss, On this 30 day of March,AD,2010 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 instrument 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 ofDireetocs of said Company,referred to in the preceding mstrunaent,is now in force, 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. ..,;*--"I'"rt r' ,. 4,4.-4,a% ceinONWit4.1140•POOOY‘VAMIA, $8 ry via C 7a t tKl'IRFibt1.SEAl .(R' "'Vs, ,0.'.4. L eRANOT^ 1'l>atc nd''',`;',...44...;7"- /,. `./ :t .ntk E Rls4kplOrbei .MS — I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that theonganal POWER ATTORNEY,of which the foregoing is a substantially true and correct copy,is in full force and effect. (/�� -i In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,tl —day of ` l a 1. 1 f t � a -W01,4M L.ICelry dmiornl acreftY 8 i THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER March 30,2012 F a u % \CI . • THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. • Best's Credit Rating Center - Company Information for Westchester Fire Insurance Comp... Page 1 of 2 Ratings & Analysis Center United States Asia Pacific Canada Europe About Contact Sitemap Westchester Fire Insurance Company Eh Punt this Page T' Mem CO'Canter Ratings 8 AnaNals + For ratings and product access •Home (a member of ACE INA Grp) •Best's Credit Ratings+ A.M.Best 8:002131 NAIL a:21121 FEIN e: 136481330 This rating is n.ww (wall Login I sign-up •Financial Strength assigned to tsay Ratings—Insurer companies M •Issuer Credit Ratings that have,in ----- ---- Lind a Best's Credit Rating •Debt Ratings Address:1325 Avenue of the Americas our opinion,a supedor ability to meet •Financial Strength New York,NY 10019 their ongoing obligations to Enter a Company Name En Ratings—Bank UNITED STATES policyholders. •Adyan d.Search •Advanced Search •About Beat's Credit Ratings+ Phone'215-640-1000 •Get a Credit Rating+ Fax:215-640-5592•Best's Special Reports Web:www aceusaw2 Get Rated By AM Rest •Add Best's Credit Ratings Search To Your Site Best's Ratings •BeatMark for Secure-Rated Insurers Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions View Rating Definitions •Contact an Analyst Rating:A+(Superior) Long-Tenn:aa- Select one._ News&Research Affiliation Code:g(Group) Outlook:Positive Products 8 Services Financial Size Category:XV($2 Billion or Action:Affirmed Industry Information • greater) Date:May 03,2010 Corporate • Outlook:Stable Action:Affirmed Support&Resources• Effective Date:May 03,2010 Conferences and Events • Denotes Under Review Ratings.See rating definitions. Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M.Best Group. AMB CreditR -Insurance Professional-includes Best's Financial Strength `I Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Date:05/03/2010 (represents the latest significant change). Historical Reports are available in AMB Credit Report-Insurance Professional Archive. — Best's Executive Summary Reports(Financial Overview)-available in three An' versions,these presentation style reports feature balance sheet,income statement, key financial performance tests including profitability.liquidity and reserve analysis. Data Status:2010 Best's Statement File-P/C,US.Contains data compiled as of 5/2512010 beauty Cross Checked). • Simile Company-five years of financial data specifically on this company. • comparison-side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Csite-evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. AMB Credit Report-Business Professional-provides three years of key financial data presented with colorful charts and tables.Each report also features the latest Best's Ratings,Rating Rationale and an excerpt from our Business Review commentary. Data Status:Contains data compiled as of 5/25/2010(Quality cross checked). Best's Key Rating Guide Presentation RCgeff-includes Best's Financial Strength i Rating and financial data as provided in Bears Key Rating Guide products. Data Status:2008 Financial Data(Quality Cross Checked). Financial and Analytical Products Best's Kev Rating Guide-P/C US B.Canada Best's Statement File-P/C US Best's Statement File-Global Bests Insurance Reports-P/C,HIS 8 Canada Best's State Line-P/C US Best's Insurance Expense Exhibit IIEE)-P/C.US art Schedule F(Reinsurance)-P/C US Bests Schedule D(Municipal Benda)-US Bast's Corporate Changes and Retirements-P/C US/C14 Best's Schedule P(Loss Reserves)--P/C US Best's Schedule D-Hybrid-P/C 8 LM,US Best's Schedule D(Corporate Bonds)-US Best's Insurance Re or Online-P/C I IS B Canada http://www3.ambe st.com/ratings/FullProfi le.asp?B 1=0&AMBNum=213 7&AltSrc=1&Alt... 5/28/2010 Public Works: Still require "As-builts" before final release of collateral. Planning: No issues. Loveland Peaks, LLC (there are 2 accounts) They expired 05/04/2010 with auto renewal. Are these okay or do they need to be notified? Public Works: Both still need to be maintained so they need notification. First item is for on-site improvements and they are still in the process of starting this sub-division. Second item is for off-site improvements to WCR 3 and needs to be maintained until the improvements take place or until 6/17/2019, whichever occurs first. Planning: PF-1085 Twin View Estates, Michelle has this one Mile High Dairy Theirs expired 06/01/10 with auto renewal. I didn't hear anything from the bank when I sent them a letter on 3/19/2010. Public Works: Collateral is for landscaping and fencing which is all Planning related issues. Planning will need to inform you on the status of this collateral item. Planning: The applicant is Martin and Johanna Bangma. Chris is working this one Saddler Arena Expired 09/06/07 with additional year unless 60 days notice. Is this one still okay? Public Works: They are in the process of sending 15% warranty Collateral and should arrive shortly. No need to send notification, at this time. Planning: No issues Sem Crude I sent a letter to the insurance company in October, 2010, and I received a call saying I had a 2009 date on it, and I explained I had used an old letter as a shell, and forgot to change the date. However, we never received an extension on the termination date. Public Works: First item for $27,000 needs to be maintained until they complete crack seal repairs on WCR 49. They should be notified on this collateral item. Second item for —>$45,193.46 is the warranty collateral for on-site improvements which will be re-inspected no later than 4/20/11 and more than likely will pass inspection. No need to send notification on this item. Planning: No issues, On site issues address pavement, drainage and similar PW concerns 2 Donna Bechler From: Donna Bechler Sent: Thursday, March 31, 2011 8:19 AM To: Richard Hastings; Donald Carroll; Kim Ogle; Stephanie Arries Subject: SemCrude I wanted to let you know I received Continuation Certificates from Westchester Fire Insurance Company this morning for both of SemCrude's accounts. The bonds will be in force until January 3, 2012. Rich, when I sent the e-mail out in February, you responded and said I didn't need to send them a letter for one of their accounts because they were down to the one-year warranty collateral; however, they included a bond for that one too. Donna Donna Bechler Deputy Clerk to the Board 915 10th Street Greeley, Colorado 80631 970-336-7215 eci loll W E 8 'CL?(IN TY u_ 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. 1 CONTINUATION CERTIFICATE Westchester Fire Insurance Company , Surety upon a certain Bond No. K07110273 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 4, 2011 (MONTH-DAY-YEAR) and ending on January 4, 2012 (MONTH-DAY-YEAR) Amount of bond Forty Five Thousand One Hundred Ninety Three Dollars and 46/100---($45,193.46) 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 am provision that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shal not be cumulative and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates m 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) Westchester Fire Insurance Company .�, ,°6� By Attorne��Melissa Ha dick Marsh LISA, 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 a©/O-//7 7 i Power of WESTCHESTER FIRE INSURANCE COMPANY Attorney Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit 'RESOLVED,that the foilosx0ngauthonnaons relate to the execution,for and on behalf of the Company of hoods,uodenatings recognizances,contracts and ether woe*commitments-of the Compmy entered into the ordinary course of business(each a'Written Commitmeon. (1) Each of the Chairman,the President and shelties Presidents of Company is hereby authorized to exetme any Wnnen Comrmimmt for and on behalf of the Company,under the seal of the Company or ohmwise. (2) Each duly appointed anofseym-Fact of the Company in hereby aahonmi to execute any Written Commitment for and on behalf orme Company,snider lheseal of the Company or otherwise,to the extent that such action ns authorized by the grant cif powers provided for in such persons wnttea appointment as such attorneyihn fact (3) Each of the Chapman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint m wrung any Person the ohomey intact oflhe Company with full power and authority to execute,for and On behalf of the Company,under the seal of the Company or otherwise such WnttenComtratmmu of the Company as may be specified en such written appointment,which specification may be by generalor class of Winton Commitments-or by specification of one or more particular Wmim Commitments (a) Each of tea Chessman,the President and Vice Presidents of the Company in hereby authorized,for and on behalf of the Company,to delegate in wiring any other offices Of the Company teaullroMy to exe cute,for and on behalf of Company,wider the Company's seal or otherwise,such Written Commitmenu of the Company as are specified an such written delegation,which specification may be by general type or class of Wnetm Commivtmu or by specification of one or more particular W rinm Commitments. (5) The signature of any officer or other person mamma any Wnnen Conumlmenar appointment or delegation pursuant to this Resolwon and the feel of the Company,may be affixed by facsimile mach Wnnen Commimnenior written appointment or delegation FURTHER RESOLVED,thaithe foregoing Resolution shall not be deemed lobe an itefusive statement-bribe powers and authony of officers employees and other persons to act for and on behalf 6f the Company,and such Resolution shalt not limit orotherwtse sifted the exercise of any:such power orauthorlry otherwise validly granted or vested Does hereby nominate,constitute and appoint Donald R Gibson,GinaRod iguez,Joe Martinez,Melissa Haddick,Sandra K Parker,Tennis 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,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,recognizances,contracts and other writings inthe nature thereof on penalties not exceeding Twenty Five million dollars&zero cents(($25,000,000.00)and the execution of such writings in pursuance of these presents Shall beas 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 Paid Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER EIRE INSURANCE COMPANY this 20 day of January 2011. WESTCHESTER EIRE INSURANCE COMPANY rel P t Stoitdn M.Hanes'.Vice PMidett �,tute�see?'s COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 20 day of January,AD.2011 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 insiniment 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 theBoard of Directors of said Company,referred to at the preceding instrument,is now in force;: IN TESTIMONY WHEREOF,T have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above wntten. -' �'Yo aataroRwxALYatahrr:NranVlvtu orficsi NDIARNI.>8FA Vj .C� af'aY a� alt 3+, /rJygfc v%n y . I(AREft€BRI/iOY, PnMR y.H,7 Y.t... Pfl'f�IMaglgtf011��t ^Moir PWlie I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of >: which the foregoing is a substantially true and correct copy,is in full foreeand effect. In witness whereof I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this\ day of 1nt.r. .iI1\ F sit �((amt��+' WtB:vn L.Kelp,AssilMo THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER January 20,2013 o V III THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. 861 - 201I I CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 WELEL -€ OUNTY December 12, 2011 Westchester Fire Insurance Company 436 Walnut Street WA10F Philadelphia, Pennsylvania 19106 RE: Performance Bond #K07110273 for SemCrude, LP Ladies and Gentlemen: This letter shall act as a reminder to you of your obligations to the Board of County Commissioners of Weld County under the above-referenced Performance Bond. As you are aware, on the 4th day of January, 2008, Westchester Fire Insurance Company issued a Performance Bond on behalf of SemCrude, L.P., naming the Board of County Commissioners of Weld County as beneficiary. The dollar amount of the Performance Bond was established at $301,289.73. On June 7, 2010, Weld County partially released collateral in the amount of$256,096.27, leaving a balance of$45,193.46. We received a Continuation Rider from you on March 31, 2011, extending the termination date to January 3, 2012. According to our Department of Public Works, there are still on- site Planning issues to resolve, and therefore, we are requesting a continuation rider for an additional year, until January 3, 2013. If you have any questions regarding this letter or your obligations under the Performance Bond, or if you disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000, ext. 4227. Very truly yours,75zBruce T. Barker Clerk to the Board By4iMA—friJt Deputy Cler to the Board pc SemCrude, LP, c/o Allan Dye oi0 -//77 )0L /9/P U.S. Postal Service,. m CERTIFIED MAIL, RECEIPT rtl (Domestic Mail Only;No Insurance Coverage Provided) F reelivery inf•rmati•n visit ur we•slte at www.us•-. a- O N ut Postage $ 'I m O Certified Fee q �I O em ntReceiptquire) iPosVYi}{k� (Endorsement Required) R o Ir Q, s Delivery Required) Ica V(Endorsement ru Total Postage 8 Fees $ N (reel,A t.No., or PO Box No. 4/36 44 $/ Y44,t City,St+ : ZIP+4 LS 1�/ .L/ S F.rm 3�re,June L It See eversef rins,ruc,i ns SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatum Item 4 if Restricted Delivery is desired. �Agent • Print your name and address on the reverse x so that we can return the cant to you. O Addressee Rec• Attach this card to the back of the mallpiece, B. ved by(Footed Name) I C. Date of Delivery or on the front if space permits. Z_ 1. Article Addressed to: D. Is deliverydAFe from Item I? O Yes If YES,enter ery address below: O No /,4Q/,v/52' 44/4,t frnadE Li. 9/t ' S. ervjgie Type mat-Certified Mail O Express Mail ❑Registered O Return Receipt for Merchandise ❑insured Mall O C.O.D. 4. Restricted Delivery?(Eidra Fee) ❑Yes 2. Article Number (Transfer from service labs° 7004 2890 0003 5709 9263 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Hello