HomeMy WebLinkAbout20101940.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT CONCERNING RELOCATION OF
UNDERGROUND SANITARY SEWER FORCE MAIN LINE ON COUNTY ROAD 62,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL - JBS USA, LLC,
FKA SWIFT AND COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Nonexclusive License Agreement
Concerning the Relocation of an Underground Sanitary Sewer Force Main Line on County Road 62
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and JBS USA, LLC,
fka Swift and Company, 1770 Promontory Circle, Greeley, Colorado 80634, with terms and
conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Bond No. K08449612 from Westchester
Fire Insurance Company, 1325 Avenue of the Americas, New York, NY 10019, in the amount of
$528,000.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said bond as stated above, copies of which are attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Nonexclusive License Agreement Concerning the Relocation of an
Underground Sanitary Sewer Force Main Line on County Road 62 between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
the Department of Public Works, and JBS USA, LLC, fka Swift and Company, be, and hereby is,
approved.
BE IT FURTHER RESOLVED that Bond No. K08449612 from Westchester Fire Insurance
Company, 1325 Avenue of the Americas, New York, NY 10019, in the amount of$528,000.00, be
and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
O • J O 911j Le-C T co 2010-1940
9-7 _ ID EG0062
NONEXCLUSIVE LICENSE AGREEMENT CONCERNING RELOCATION OF UNDERGROUND
SANITARY SEWER FORCE MAIN LINE ON COUNTY ROAD 62 AND ACCEPT COLLATERAL-
JBS USA, LLC, FKA SWIFT AND COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of August, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
��� 17 fj ELD COUNTY, COLORADO
C(
ATTEST: � o% �� -2(O ACQ.9,WnCD. I J
isbi '�t,,s �' Dous Radethacher C ir
Weld County Clerk to th tso
FYI
� a v
rbara Kirkmeyer, ro-Tem
Deputy Cler r o the Board
SGa(
Con ay
AP D AS O '-'
�
nty Attorney Ca ` jc6'
David E. Long I
Date of signature: S, ///)
2010-1940
EG0062
Kit MEMORANDUM
WIiDc. TO: Clerk to the Board DATE: August 19, 2010
COLORADO FROM: Josh Holbrook, Public Works
SUBJECT: Agenda Item/Nonexclusive License Agreement and
Bond
Please submit this enclosed item for the Board's next agenda:
Nonexclusive License Agreement with JBS USA, LLC for the installation of a private
18" force main line from on WCR 62 from North 1st Avenue to WCR 49.
Bond amount is $528,000.00 Five Hundred Twenty Eight Thousand Dollars.
Enclosed are two original Agreements. Please return one original to Public Works.
pc: Wayne Howard
M.\Utility CoordinationUBS Swift\BOCC\AgendallonExclusiveL.icAgrce.docx
2010-1940
113
NONEXCLUSIVE LICENSE AGREEMENT
CONCERNING RELOCATION OF UNDERGROUND
SANITARY SEWER FORCEMAIN LINE
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this d3 day
of A«Su5-‘ , 2010, by and between the Board of County Commissioners of Weld County,
Colorado, (hereinafter "Licensor"), whose address is 915 Tenth Street, Greeley, Colorado
80631, and JBS USA, LLC. f/k/a Swift & Company, (hereinafter "Licensee"), whose local
address is 1770 Promontory Circle, Greeley, Colorado 30634.
WITNESSETH:
WHEREAS, Licensor is the owner of a public right-of-way located in Weld County,
more particularly described on Exhibit A, (Legal Description), and Exhibit B, (Map), which are
attached to this Agreement and incorporated herein by reference, (hereinafter referred to as
"Property"), and
WHEREAS, pursuant to Colorado Revised Statutes, (hereinafter referred to as "C.R.S."),
§ 38-5-101, Licensor has the authority to permit public and private utilities to locate their
facilities along, across,upon and under said Property, and
WHEREAS, Licensee currently maintains a sanitary sewer forcemain within the existing
limits of the Property, and desires to abandon that facility, and
WHEREAS, Licensee desires to construct, operate maintain, and repair a new sanitary
sewer forcemain, in, under, and/or along portions of the Property, as more particularly described
on Exhibit C, (Legal Description), and
WHEREAS, Licensor desires to grant Licensee a non-exclusive license (hereinafter
referred to as "License"), to allow Licensee to construct, operate maintain, and repair the new
sanitary sewer forcemain, in, under, and/or along portions of the Property.
NOW, THEREFORE, in consideration of the covenants contained herein and the
agreements of the Licensee to be performed hereunder, and upon the conditions herein stated,
Licensor does grant to Licensee with respect to such interest as Licensor may have in the
Property, a non-exclusive License to construct, operate maintain, and repair a new sanitary sewer
forcemain, in, under, and/or along portions of the Property, subject to the following terms and
conditions:
1. Licensors Limited Interest in Property. Licensor owns a limited interest in the
Property and therefore, does not warrant the right-of-way by the issuance of this License.
Licensee is responsible for determining the ownership of properties traversed by its lines, the
location of all property boundary lines, and the ownership of all right-of-ways. Therefore,
1
1111111 11111 11111111111 I1II 111111 111111 111 11111 III1 III1
3716113 09/02/2010 11:24A Weld County, CO Lovr_/J/C
1 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Licensee shall obtain from the fee title owner(s) of the Property or others having proprietary
interests in the Property such authority or rights as Licensee may need, in addition to this License
for Licensee's use of the Property. Licensee acknowledges and agrees that the authorization
granted herein by Licensor is subject to Licensee's securing such authority or rights.
2. Licensor's Rights. The parties to the Agreement acknowledge and agree that the
Property exists as a public right-of-way for the primary benefit of the travelling public, and that
the rights granted herein to Licensee and to other public and private utilities and entities, are
subject to the Licensor's rights and obligations to preserve and maintain the Property as such.
A. Subject to the right granted herein to Licensee, Licensor reserves the
remaining use of the Property for existing and future construction, operation,
maintenance, repair, replacement relocation and abandonment of its own use and
facilities.
B. Licensor reserves the right to revoke this License at any time if Licensee
fails to comply with the requirements of this Agreement. Should this Agreement be
terminated for non-compliance by Licensee, any lines or facilities installed prior to the
termination shall remain the responsibility of the Licensee and may be removed or
maintained by Licensee at the sole discretion of Licensor.
3. Licensee's Responsibilities. Licensor's grant of the License herein is
conditioned upon Licensee's compliance with the following requirements:
A. A Traffic Control Plan (TCP) must be submitted and approved prior to
Licensee's commencement of work. Licensee shall provide all necessary traffic control in
accordance with the Manual on Uniform Traffic Control Devices (MUTCD). Flaggers
shall be provided at any locations where normal signing is not capable of handling the
safe and orderly flow of traffic.
B. Inspection of the work performed in the Weld County right-of-way is
required. Licensee will notify Weld County Public Works 24 hours prior to commencing
any and all work. Final inspections are required. Weld County shall have the right to
order Licensee to stop work anytime Weld County believes that a violation of this
Agreement has occurred or if there is a danger to the public safety if the work continues.
C. In the event any changes are made to the roadway or its appurtenances
within the right-of-way that would necessitate removal or relocation of the sewer lines
installed or constructed herein, Licensee shall do so promptly at its own expense upon the
request of Weld County, Colorado, by and through the Board of County Commissioners
of the County of Weld, its officers and employees, must be named as an "Additional
Insured" upon said insurance policies (except for workers' compensation insurance). The
following insurance policies are required and shall be delivered to the Weld County
Engineering Department:
(i) Statutory Worker's Compensation.
2
IIIIII 11111 IIIIII VIII IIII IIIIII IIIIII III VIII IIII IIII
3716113 09/02/2010 11:24A Weld County, CO
2 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
(ii) Contractor's public liability and property damage in the following sums:
Bodily Injury: Property Damage:
Each person $1,000,0 Each $1,000,0
00 accident 00
Each $1,000,0 Aggregate $2,000,0
accident 00 00
(iii) Automobile public liability and property damage in the following sums:
Bodily Injury: Property Damage:
Each person $1,000,0 Each $1,000,0
00 accident 00
Each $1,000,0
accident 00
Licensee may substitute a commercially reasonable self-insured retention for any of the
insurance coverage requirements herein not otherwise required by law.
D. Licensee shall be responsible for obtaining all other State, Federal, or
Local permits that may be necessary for the work to be performed.
E. Licensee shall secure and maintain insurance policies that will protect
itself, its subcontractors, and Weld County from claims for bodily injury, death, or
property damage, which may arise from the installation and/or construction contemplated
herein, or caused by the lines which are installed and/or constructed as permitted herein.
F. If determined necessary by Licensor's Department of Public Works,
Licensee shall provide a surety bond or other security for the total amount required to
restore the right-of-way upon which the projected sewer lines are to be installed or
constructed, based upon current Licensor's contract prices for the performance of such
work. Said security shall remain in effect for a period of two (2) years after acceptance of
completed construction by Licensor. Whether or not covered by a bond, Licensee shall
reimburse Licensor for any and all expenses incurred by Licensor within 2 years after
completion of any work, as a result of, or related to, failure by Licensee to perform all
installation, construction, maintenance or other work pursuant to this permit, in a
workmanlike manner.
G. Licensor's Department of Public Works shall have the authority to
suspend work, wholly or in part, because of the failure of Licensee to properly execute
the work in accordance with this Agreement. Licensor, notwithstanding the issuance of
this License, reserves the right to make any changes, additions, repairs or required
relocation of any facilities within the dedicated rights-of-way at any time, including but
not limited to, in connection with the relocation, reconstruction, widening and
maintaining roads or rights-of-way, without compensating Licensee. Licensee shall
relocate its facility upon notification from Licensor of such conflicts.
3
1111111111111111111111111111111111111111111111111111111
3716113 09/02/2010 11:24A Weld County, CO
3 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
H. Licensee shall report all emergency repairs to Weld County Public Works.
Licensee shall utilize proper traffic control measures.
I. Licensee or its contractor is responsible for locating all existing utilities
which may conflict with their work. Contact the Utility Notification Center of Colorado
at 811 or 1-800-922-1987 at least two days in advance of digging. Licensee must
remove all utility locates such as flags and marker pins from the Property (right-of-
way)once the construction is complete.
J. No culverts, irrigation structures, drain lines, utility lines, or any other
facilities within the right-of-way are to be cut or damaged. In the event Licensee damages
an existing facility, Licensee shall first notify the owner and either immediately repair
and replace the damaged facility or pay the owner to repair and replace the same in
accordance with the desires of the owner. All damaged facilities are to be inspected by
Licensor's Department of Public Works before being concealed in any manner. Drainage
and barrow ditches are to be restored to original condition immediately after backfilling
is completed. It is the duty of Licensee to anticipate all underground obstructions such as
culverts, irrigation structures, drain lines, or utility lines.
K. At the end of each day during the installation and construction Licensee
shall observe the following requirements:
(i) All materials shall be removed a minimum of ten feet (10') from
edge of the road shoulder;
(ii) All excavations upon the traveled portions of the right-of-way shall
be back filled in accordance with the Compaction requirements set forth below
unless otherwise approved by Weld County;
(iii) All traffic signs must be in place per the approved Traffic Control
Plan or in accordance with the Manual on Uniform Traffic Control Devices or
removed or covered if not applicable to nightly activities.
L. No cleated or track equipment may work on or move over asphalt surfaces
without mats.
M. Requirements Regarding Road Reconstruction:
(i) Under no condition are asphalt surfaces to be cut unless otherwise
specified in the "Special Requirements" section of this License
Agreement. If an asphalt road cut is granted the cut shall be repaired with
an all weather surface (hot bituminous pavement or flowable fill cement)
prior to opening the road to traffic. Flowable fill cement is considered
temporary patches and will need to be replaced with hot bituminous
pavement within 7 days or otherwise approved.
(ii) The typical pavement section to be used for all disturbed roadways
shall conceptually consist of the following:
(a) 5" of HMA
(b) 2"of CDOT Class 6 ABC
4
1111111 11111111111 1111111II 111111111111111 11111 IIII IIII
3716113 09/02/2010 11:24A Weld County, CO
4 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
(c) 36" min of CDOT Class 7 Structural Fill material (required for
area of trench)
(d) Upon completion of new typical section, the total roadway width
shall be surfaced with a chipseal, slurry seal, or one and one-half
inch(1 '/z ") asphalt overlay in compliance with the Weld County
Public Works Department's requirements and approved material
specifications. The specific surface treatment selected shall be
specified by JBS in its Right-of-Way Permit Application.
(iii) Due to the temperature requirements for the placement of HMA,
Licensee will be limited to removing only the amount of roadway that can
be successfully replaced prior to winter shutdown. No surfaces will be
allowed to remain over the winter in an unfinished or graveled condition.
(iv) All materials incorporated into the construction of the roadway
shall be approved for use by Weld County Public Works Department
before being incorporated into the project.
N. Licensee shall mark all lines installed or constructed herein with markers
acceptable to Licensor. Licensee shall place a minimum of two markers per mile along
said lines, and a marker at each side of any bridge or ditch crossing which the lines are
installed or constructed upon, and a marker at each side of any road which is crossed by
said lines.
O. The installation of non-ferrous lines in any right-of-way shall require a
suitable means to facilitate future line location, such as metallic warning tape installed
above the line.
P. Licensee shall preserve or replace all survey monuments or benchmarks at
each work site. If such monuments or bench marks are destroyed, Licensee shall hire a
Registered Land Surveyor to replace destroyed monuments or bench marks. If Licensee
chooses to preserve such monuments or benchmarks, it shall also hire a Registered Land
Surveyor to complete such preservation.
Q. All road borings shall be cased and will be at a minimum depth of 4 feet
below the lowest point of the right-of-way. All underground facilities that parallel the
road centerline shall have a minimum of three (3) feet of ground cover. (See Section 4
for Fiber Optic exceptions.)
R. Compaction Requirements:
(i) All compaction of backfills and road surfaces shall be compacted
in accordance with the latest edition of the Colorado Department of
Transportation's "Standard Specifications for Road and Bridge Construction" or
Weld County Public Work Department's Design Criteria.
(ii) All backfills located under an existing asphalt surface or under the
asphalt not currently in place but will be as part of a new road construction, must
5
11111111111111111 111] llll 111111111111111 11111 IIII I'll
3716113 09/02/2010 11:24A Weld County, CO
5 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
be compacted using flow-fill cement in the upper three feet(3') of backfill.
(iii) If any wet or non-compactable materials are produced from
excavations, they shall be completely removed from the right-of-way and
replaced with compactable materials. The right-of-way shall then be returned to
the original grades and cross sections. Licensee shall have the authority to
determine what materials shall be discarded and what materials shall be
acceptable as replacement.
(iv) On gravel roads where excavation is done in the road surfaces or
excavation materials are stacked on the road surfaces, road base of 900 tons of 3/4
inch crushed gravel meeting the Colorado Highway Department specifications for
Class 6 gravel per mile shall be spread over the road surfaces upon completion of
the work. Shoulders on paved roads or barrow ditches where excavation is done
shall require 300 tons per mile upon completion. These amounts are to coat the
road surfaces and do not supersede any requirements within the permit.
(v) Backfilling lifts greater than eight (8) inches, but not exceeding
twelve (12) inches, shall be permitted providing that Licensee has suitable
equipment to properly compact the depth of lift placed. Licensor shall determine
if Licensee's equipment and the depth of backfill lift is appropriate. Ninety-five
(95%) percent of a standard proctor shall be required at any trench depth or in
replacement of any materials within the traveled portion of the right-of-way.
Eighty-five (85%) percent of a standard proctor shall be required at any trench
depth or in replacement of any materials off the traveled portions of the right-of-
way.
S. Licensee shall install manholes and other points of access to underground
lines within the boundaries of the Property outside the normal wheel path of the roadway
so that they do not obstruct maintenance operations within the rights-of-way. Licensee
shall adjust access points, at its sole expense, when requested to do so by Licensor.
T. Licensee's Obligations Regarding Surveys:
(i) All surveying performed within the boundaries of the Property
shall be conducted with proper safety equipment and advanced warning signs;
(ii) Surveying permit holders can be issued an annual permit.
(iii) Any excavation within the boundaries of the Property will be
backfilled with the same material or better than what was excavated.
(iv) Licensor offers free monument boxes to Licensee to establish,
upgrade or perpetuate the location of an aliquot corner of any section on a paved
road. The boxes are located at Weld County Public Works Department. Licensee
shall furnish the location of the section corners being preserved to the Surveying
Section when obtaining monument boxes.
(v) Licensee shall replace all lids on monument boxes when finished
working for the day. If a lid is broken, a free replacement lid is available at
Licensor's Public Works Department.
6
111111111111111111 11111 IIII 111111111111 III 11111 IIII till
3716113 09/02/2010 11:24A Weld County, CO
6 of 9 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
U. Licensee's Obligations Regarding the Completion of Project:
(i) Licensee shall place gravel on all surfaces where any damage has
occurred to the road surface from equipment, trenching, or storage of material.
Licensor shall determine the damaged areas, remedial work required, and timing
of said work.
(ii) Licensee shall complete road restoration including, but not limited
to, clean-up (including utility markers), repair of damaged facilities, trench
compaction, and replacement of gravel shall be kept within one (1) mile of new
excavation.
(iii) All disturbed portions of the right-of-way or damaged road
surfaces are to be returned to their original condition prior to demobilizing. If the
right of way is not returned to original conditions, Licensor may perform or
contract such remedial work and Licensee shall pay for all work or forfeit its
surety bond in order to pay for all work done.
V. The abandonment of the existing forcemain within the Property
boundaries shall be either removed and backfilled according to the Standard Provisions of
the Weld County ROW Permit, or shall be filled with either flay-ash or flow fill.
W. The upgrade and maintenance of the sewer lines installed by Licensee,
including those items set forth in this Agreement, shall be at its own expense and
without the aid or use of Licensor's funds.
X. Project Special Provisions may be attached to the approved Right-of-Way
Permit, which includes additional requirements.
4. Indemnification. Except for the negligence of Licensor, Licensee shall
indemnify and save harmless Licensor, its successors, assigns, employees, and agents from any
damage or loss sustained by them or any of them arising by reason of Licensee's negligence with
respect to the upgrade and maintenance of the Property.
5. Hold Harmless. Except for the negligence of Licensor, Licensee agrees to
protect Licensor and save and hold it harmless from any and all third party claims and damages
that said upgrade and maintenance may directly or indirectly cause and hereby releases Licensor,
its successors, assigns, employees, and agents from any and all claims and damages of
whatsoever character to property owned by Licensee resulting from any act, either on the part of
the Licensor or on the part of any third party.
6. No Assignment. Licensee shall not assign any or all of its rights under this
Nonexclusive License Agreement without first obtaining written consent to such assignment
from Licensee, which consent shall not be unreasonably withheld.
7
1 111111 11111 111111 1111 111111 111111 111 11111 1111 ill
3716113 09/02/2010 11:24A Weld County, CO
7 of 9 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
7. Entire Agreement. The parties hereby agree that neither has made or authorized
any agreement with respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation, promise, or consideration different from the terms herein
contained shall be binding on either party hereto, or its agents or employees. This Nonexclusive
License Agreement embodies all agreements between the parties hereto and there are no
promises, terms, conditions, or obligations referring to the subject matter whereof other than as
contained herein.
8. Effect of Invalidity of Provision. If any term or provision of this Nonexclusive
License Agreement, or the application thereof to any person or circumstances shall, to any
extent, be held invalid or unenforceable, the remainder of this Nonexclusive License Agreement,
or the application of such terms or provisions, to a person or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected, and every other term and
provision of this Nonexclusive License Agreement shall be deemed valid and enforceable to the
extent permitted by law.
9. No Waiver of Immunity. No portion of this Nonexclusive License Agreement
shall be deemed to constitute a waiver of any immunities the parties or their officers or
employees may possess, nor shall any portion of this Nonexclusive License Agreement be
deemed to have created a duty of care which did not previously exist with respect to any person
not a party to this Nonexclusive License Agreement.
10. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Nonexclusive License Agreement, and all rights
of action relating to such enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Nonexclusive License Agreement. It is the
express intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Nonexclusive License Agreement shall be an incidental
beneficiary only.
It is mutually understood and agreed that this Nonexclusive License Agreement and all
the terms and conditions hereof shall extend to and be binding upon the parties hereto, their
successors, and assigns.
8
/111111111 IN III III¶1! J) I1I!J1II11111111
8 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXECUTED IN DUPLICATE the day and year first above written.
Licensor:
WELD COUNTY, COLORADO, by and
-A4 E 11, through the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY,
Vfi
COLORADO
ATTEST:
Clerk to the Board
By: L: t A_ '-/�L4:. .: By: Q 1a�s cepe'hocal r
De Clerk �� DouglastRademac er, Chair
ro d• AUG 2 3 2010
County Attorney
Licensee:
JBS USA, LLC. f/k/a Swift& Company
By: a .?
ahl
Title: P/Ysidint 4 a00 Ner/ i American.
Be* Oiv/s/ar,
SUBSCRIBED AND SWORN to before me this/7 day of Alas"' , 2010.
WITNESS my hand and official seal 11)2VPuilliclitk-N
My commission expires:
06 '/.2 .070/3
9
1111111 11111 111111 11111 III! 111111 111111111 11111 IUD
3716113 09/02/2010 11:24A Weld County, CO
9 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder „Alf/G-7?V(''
Bond No.K08449612
KNOW ALL MEN BY THESE PRESENTS, that we JBS USA, LLC
(hereinafter called "Principal" ), as Principal, and the
WESTCHESTER FIRE INSURANCE COMPANY a Coipiration organized and existing under the
laws of the State of NY , and authorized to transact business in
the State of CO (hereinafter called "Surety" ) , as Surety are held
and firmly bound unto BOARD OF WELD COUNTY COMMISSIONS
(hereinafter called "Obligee") , as Obligee, in the penal sum of
Five Hundred Twenty Eight Thousand and 00/100 Dollars ($ 528,000.00 ),
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 and assigns, jointly and severally firmly by these
presents.
SEATED with our seals and dated this 25th day of June , 2010 •
WHEREAS, the above bounden Principal has agreed to certain
Improvements located at WC 62- N. 1st Ave to WC 49
hereinafter to become a part of this bond.
NOW, THEREFORE, the condition of this obligation is such that if the
JBS USA, LLC shall well and faithfully construct the
said improvements in a good and workman-like manner and do and perform the things
agreed by it to be done and perfoLnal in accordance with said plans and letter,
or in default thereof shall indemnify BOARD OF WELD COUNTY COMMISSIONS
against all loss cost or expense resulting from its
failure so to do, then this obligation shall be void, otherwise to remain in full
force and effect.
JBS USA, LLC
(Principal)
BY:
Con4rri aiepersoaug Jaw"
WEST ESTER FIRE INSURANCE NC COMPANY
(Sur y)
( /
Lt 1 4' \ I L1^k/---
BY:
Sandra M. Martinez Attorney-in-Fact
r
ACKNOWLEDGEMENT BY SURETY
STATE OF ILLINOIS
COUNTY OF COOK
On this 25th of June, 2010, before me, Sandra M. Nowak, a Notary Public,
within and for said County and State, personally appeared Sandra M.
Martinez to me personally known to be the Attorney-in-Fact of and for
Westchester Fire Insurance Company and acknowledged that she executed
the said instrument as the free act and deed of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, at my office in the aforesaid County, the day and year in this
certificate first above written.
onteta-
NOTARY PUBLIC,STATE O m. �IWNOIS
Notary Public in the State of Illinois MY COMMISSION EXPIRES
County of Cook FEBRUARY 3,2014
t_._ ____..
•
Power of WESTCHESTER FIRE INSURANCE COMPANY: '
Attorney
Know a0 min by.:these having its principal office in
the City of A ilanta.Georgia pursuant to the fi 11orr.ing Resolution,adopted by the Board of Directors'of the:said Company.on Decetuber.11;2006,to_wit:
'RESOLVED,that the following:liuthoulatioarteips to the exeattion,for and on behal f of the Compafty,of bonds,undRntaltirtgs,remgrtitsnral,contracts and other Written oorttintmt6iila of the Company
" 'eutapd into heotdmmy ootlise Of bustards(Mch a• Wnuen Conunitmeni'1:
'(t):. • Each of the.CCheipoap,ltie President and the Vice Presidents of the Company is hereby authorized to ea. conic any Written Commitmen fetadd on babelfof OM Company,.wdW die seal of the Company or
otherwise
(2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Contpaay,under the seal of the Csmprety or otheew1sq to the extent that
soeh action is authorized:by the grant of powers provided for it.such petfbne mitten appointment as such attorney-in-fact.
(3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoim in writing any parson the altsintey-in fact of the Company with
tall powenand Wtho ity to execute,for and on behalf of the Cutnpaey,under the seal of the Company or otherwise,such Written Commionents of the Company as may be specified in such written
appoittuomt,wbichapecitcation may be by general tysk or dmµ of Written Commitments on by specification of one or more part cularWritten Ceo tithe 05....-, :: -.
{ (4) Each of the Charimmn,the President and Vice Prtsidenia:of hip Company in hereby authorized for and on behalf of the Company,to delegate In writing any other artier ofltteCompany the atehoolly to " i
execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company w are specified in such written delegation,which speeifwtioa may betty.
' general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any omcer.otoderpason executing any Written Conan anent or appointment or delegation pursuant to this Resolution,and Be fiat e(heCtlaupaey may ba jttulxedby faaMdlcoa iue)t•.
Written Commitment orwritten appoinananI orddegation. ..
FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to bean eiclusive ataimnali of the powers and authority of officers,anphdyem sod than paaons to act for and on behalf of the
Company,and s'ud.Rtaoludem shall not limit m otherwitie affect the exercisiof tiny MO power tir outhority otherwise validly ii ally grusted or esied
FURTHER RESOLVED,that the Resolution of the Board of irectcm of the Company adopted at the melting held on Nosem her 8,1999 relating to the authorisation Of ossahrperwns to exceute for,and on
behalf of the Company;Written Commitments andappeitthnnW annd--ddegaaone,huh rebyamei ded.
.. :Does hereby nominate,constitute and appoint Debra S Doyk,Diane M O'Leary,Douglas M Schmtide,Jennifer L Jakaitis;JessicaB Yates,Judith A Lucky,Karen E
Bogard,Karen L Daniel,-Kimberly Bragg,Linda M Iser;Masit***sit***rvin 0 Rivera,Robert E Duncan,Sandra M Martinez,S Nowait;Stein A•Welsb,Welsh,Susan J Preiksa,
William P Reidinger,all of the City of CHICAGO,Illinois,each individually if there be more than one named,its tole andlawttd attorney-vu-fact,to stake,execute,
• seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,recognizances,contracts and:othgr writings m the nature thereof in penalties not
exceeding Twenty Five;:million dollars&tent•cent's(S25,00(X)00.00)and the executini of such..writings in pursuance-of these preseuts shall:he as binding upon said
Company,as fully and amply as if they:had been duly executed and acknowledged by the rcgularlyy elected olficem of the Company at its principal office,
IN WITNESS WHEREOF;the said Stephen M.I laney,Vice-president,has hereunto subscribed his name and affix,$d the Corpoaate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this29 day of April 2010:
WESICUUESTER FIRM INSURANCE COMPANY
r
e ^r- 1 1
,� .�
Stcphert M.Haney,Vice Pp<:idprt
COMMONWEALTH.OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 29 day of April,AD.2010 before tile,i►Notary Publie of the Commonwealth of Pennsylvania to and for the County of Philadelphia came Stephen
M.Haney,Vice-President of3he WESTCHESTER FIRE INSURANCE COMPANY to me personally known to•be theindivxdaal 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 ofSaid:Company;that •
the said corporate seal and his signature were duly affixed by the authority and direction of the said.corporatioo,and that Resolution,adopted by the Board of Directors
of said Company,referred tom the:preceding instrument,is now in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at thel:Citi of Philadelphia the day and)+ear fusit above written.
,. "ltd�� at1F p1 E cOastaQt AkTet Of wpyifiYL-YMMA /ri •
f,wia. O� ""ii..t NOTARIAL L
��kiYt It E 'p b�c 7 ...
r>< -'�r "Meese Rathm.
+,a,' fie. My Calnniwrra,o'144.W Sep eitIt X16,abt0
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 force and effect.
• }I,
, In witness whereof,I have hereunto subscriber my name as Assistant Secretary,and affixed the corporate seal of the Corporation,thi��day of `-S 6 z":-'t 0
:::..... i:-..:::::.::... -:-;.:.:..,. :.:.i.::: -:::-.,i:...:...,.....,,.......:J.:::,...:::::..........
ID
• ;wpm Ke1t�,Aatiirw, •-}
g ; .
S THIS POWER OF ATTORNEY MAY NOT BE OsED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER April 29 2012
J
• THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. •
Best's Credit Rating Center- Search Results Page 1 Page 1 of 1
Best's Rating Center
United States Asia Pacific Canada Europe About Contact Sitemap
Rating Center Home
Search Results Page 1 of 1 Results Per Page 20
1 Rated or non-Rated companies found,results sorted by Company Name
Criteria Used:Company Name:Company names starting with Westchester Fire Insurance Company
To refine your search,please use our Advanced Search or view our Online Help for more information.
New Search ] Westchester Fire Insurance View results starting with: ABCDE FC Hf d K L MN 4 PO RS T U V WAY Z ( Reset List
Company Information Financial Strength Ratings Issuer Credit Ratings
Outlook/ a Outlook!
• AWLS - Company Name Rating • Implication •• Long-Tenn • Implication - Short-Tenn • Domicile
002137 Westchester Fire Insurance Company A+ Stable aa- Positive US:New York
Insurance-Properly/Casualty(Operating Company)
Note:Financial Strength Ratings as of OfY20/2010 1222 PM E.S.T.
▪Financial Strength Ratings(FSR)am sometimes assigned to Property/Casualty-A.M.Best Consolidated Groups.Please note that Life/Health-A.M.Best Consolidated Groups
▪and Company Consolidated Financial Statements are not assigned FSR ratings.
*Denotes Under Review_Best's Ratings
Visit Bests Rating Center for a complete overview of our rating process and methodologies.
Imported Notice:Best's Ratings retied our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength,operating pettonnance and business
profile.These ratings are neither a warranty el a company's financial strength nor Its ability to meet its financial obligations,inducing those to policyholders.View our entire notice for complete details.
Customer Servke I Product Support I Member Center I Contact Into I Careers
About A M.Best I See Map I Privacy Policy I Security I Terms of Use r Legal B Licensing
Coppghl 0 3010 A.M Best Company,Inc.ALL RIGHTS RESERVED.
A .Best Worldwide Headquarters,Ambest Road,otdwick.New Jersey,08858.U.S.A.
http://www3.ambest.com/ratings/RatingsSearch.asp?AltSrc=9 8/20/2010
Hello