HomeMy WebLinkAbout20100025.tiff 143
RESOLUTION
RE: APPROVE PARTIAL 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 Road 30), 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, staff from the Weld County Departments of Public Works and Planning
Services have conducted a visual inspection and, along with the Weld County Attorney,
recommend release of a portion of said collateral in the amount of $153,000.00.
WHEREAS, the Board has been presented with a Surety Rider for Annual Performance
Bond K07110236 from Westchester Fire Insurance Company, in the amount of$27,000.00,which
shall be retained for a period of one year as warranty collateral and extend the termination date to
January 3, 2011.
IIIIII VIII IIIIII IIII VIII 1111111 VIII III 11111 IIII IIII 2010-0025
3673143 02/01/2010 11:24A Weld County, CO PL1918
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
APPROVE PARTIAL 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 $27,000.00, and extending the termination date to January 3, 2011, be and hereby is,
accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 6th day of January, A.D., 2010.
I 1,2 1,211 OARD OF COUNTY COMMISSIONERS
t ;Il, D COUNTY, COLORADO
b�
ATTEST: \�, ,
y )� nu las ademache , Chair)
::1r1t0
the Boar, , c� "l i
Deputy Clerld to the Board ' `'
Sean G__,
APPRQ D AS TO FORM /
d� 7 Wiliam F. Garcia
ou y Attorney c.1 I
David E. Long
Date of signature: I fC G 111111 1111 111111 1111 I11 1111111 11111 III 11111 1111111I 2010-0025
3673143 02/01/2010 11:24A Weld County, CO PL1918
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
itotare MEMORANDUM
TO: Board of County Commissioners
COLORADO DATE: January 6, 2010
FROM: Kim Ogle, Planning Services'y
SUBJECT: Partial Release of Collateral
Annual Performance Bond #K07110236
Westchester Fire Insurance Company
Case No. USR-1614 for SemCrude, LP
do Allan Dye, Applicant
The Department of Planning Services received a request from Julie A. Cozad, Land Planning
Manager for Tetra-Tech, for the partial release of collateral for off-site road improvements.
The Department of Public Works conducted an inspection in late August 2009 and determined
that the transportation related items have been completed to their satisfaction and recommend
that a partial release of monies of collateral held for this development be returned to the
applicant.
Therefore, the Department of Public Works recommend that one hundred eighty ($ 180,000.00)
and no/100s dollars be released, retaining replacement collateral for the one-year warranty
period of twenty-seven thousand ($27,000.00) and no/100s dollars.
The applicant has submitted replacement collateral in the form of a Surety Rider for Bond No.
K07110236 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 USR-1614 for off-site road improvements warranty, and the Department of Public
Works recommend acceptance of this Bond.
2010-0025
p‘st ‘p, MEMORANDUM
' TO: Dave Bauer, Don Dunker, Josh Holbrook DATE: 8/20/2009
WI`DC FROM: Nick Marquez
COLORADO SUBJECT: USR-1614 SemCrude Off-Site Road Improvements
Partial Release of Warranty Collateral.
The Planning Services Department has received a request from Julie Cozad, Land Planning
Manager for Tetra Tech, for the partial release of collateral for off-site road improvements. All
items from the punch list dated 7-30-2009 and transportation items have been
completed/submitted and approved by Public Works. (All non-transportation items need to be
approved by the Planning Department) It is recommended the BOCC release 85% of the
collateral being held for the Long-term Road Maintenance and Improvements Agreement and
retain the remaining 15%until the one-year warranty has expired and (per paragraph 1-D, page
2) a registered professional engineer has provided the county with a letter that certifies the
proper installation of the improvement, whichever comes last. (The county will accept a stamped
set of as-built plans in lieu of the letter)
The bond number is K07110236 and was supplied by Westchester Fire Insurance Co
Amount escrowed: $180,000.00
Amount for warranty: $ 27,000.00
Amount to be released: $153,000.00
Thank you,
Nick Marquez
Construction Inspector
Weld County Public Works
970.397.2418 cell
970.304.6496 office
nmarquez@co.weld.co.us
M-'PLANNING-0LVELOPMENT REVIEWVUSR-Use by Special ReviewAUSR-1614 Sem(rudeAInspection DocsVCollaieral Re'c.a armemdeteleare waranry MEMO.doc
Page 1 of 1
Lynnisa Dunn
Land Services Admin Assistant
Tel:405.692.5142
�.,.* SemCrude
Fax:405.691.5192
u C Tel:
December 28, 2009
Via Federal Express
Weld County Clerk To The Board
915 Tenth Street
3rd Floor
Greeley, Colorado 80631
Attn: Donna Bechler
Re: Bond Riders
Bond No. K07110236 &
Bond No. K07110273
Dear Ms. Bechler:
Please find enclosed the two Surety Rider Bonds for Bond No. K07110273 and Bond
No. K07110236.
Should you have any questions, please contact Allan Dye (Manager of Land Services) at
(918) 625-1760. Otherwise, thank you for your continued cooperation in working with
SemCrude, L.P.
Bes egards,
Lynnisa Dunn(For Allan Dye)
Admin Assistant
LD/Enclosures
Cc: Allan Dye
SemCrude L.P., a Member of SemGroup, L.F.
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
nu,- 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,
rtakeMLIP-A—SCVIA4—
Bridgette Jackson
Surety Department
Enclosure
LIr , r
SURETY RIDER L%`0/
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 SemCmde,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/100---($27,000.00)
-and-
Extending the term of the bond through January 3.2011.
Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated.
This rider 12/21/2009
is effective (MONTH-DAY-YEAR)
Signed and Sealed 12/21/2009
(MONTH-DAY-YEAR)
SemCrude,L.P.
(PRINCIPAL)
By: l 9 awn zAr�-r�P-`'�--yi
(PRINCIPAL)
Westchester Fire Insurance Company
(SURETY)
By:
�{
By: v l•' G: AJ� ` Ll 1 .
(ATTORNEY-IN-FACT)\Eridgettea$.Jebkson
1_
5-0443/GE 7/04
XDP
Power of STCHESTER FIRE INSURANCE COMPANY 1245386
Attorney
142651
Know all then by;these presents:That WES7'CHESTER FIRE INSURANCE COMPANY,a eo`•rporation of• ,the.State of New York,having its
principal oilier in the City of Atlanta,Georgia',pursuant to-the fallowing Resolution,adopted by the:l3oard of Directors of the said Company au-Dee ember 11-;2006,to
RESOLVED,tkat the folknawg Authorizations relater theexeMtev;for mid on behalf of the•Company,ofhoads,undertakings-rezogniflaCei eontrarSN,d other written comrdttments of the Company entered into
the otdinuy course efLus{Y(esa(eecnp"Written Cotnmimme')
(I) Each'of the Chairman,the Prmldentrad the Vice.Praldemsefthe Company is hereby euthorazed to=acute' Wnnrn Cornmiwmi for and oo behalf of the Company udtlertheacot of the Companyor otherwise.
-t2), EaChduly appointed ettomeypa"fen Cftbc Company is hereby euthotizetl to executemry.Written Commitment for and on behalf ofth Company,uvdertheswt of the Catvpany or otherwise,to the extent that such
action is authorized by thegrhnt of poweisprovided for in sock persons wrfppt ypporamimt as such attorney-ID fact,
(3): Each efchc Chwrmm�,thel}pidentmdthe Vice Presidents of the Company isheeebyhthvz�d,fen and onhehalfofthn(ompany,`tpoppoim in writing PAY Penes'the anorney'u facI of the Compact with Ml power
and authority wexeeute,for bodon'behdf of die Company,under the seal of the Company or Suety'Wneeen con==rattan£the company as may he,pecif ei1 m such wnnrn'npp muncnt,which specthtouon_
may be by general type or etassotWntten Commitments or by 4pemflcaslen of•.cite
our more
peticular written.Commmnns
(9) Each ofihe Cbamoan,xheprnident and Vice Preaidemts ofdteCompany is hereby authorized,For end on behalf of the Company to ddegatc m writing to any oats oTheerof the Compa y by genbonty to trees r,for
and on behalf Of the Company,ender the Company's scat or otherwise,such Written Commanaents of the Cbppoaey.is are specified in such writs®deegNtion,which epeci tcm po may bet by general type err class pf
Written Commitmens orby apeeffatton of one or morepanlcular.Wnrten Commtanenis.;
(d)-': TAemgmme of any oftener mtither perroo nnng
ecuany Wnttm Commamart or appointment erddagatren pursuant In thus Resolunon,.nod the seal Oft=Company,may beataxed.by facsimile=such Whiten
o somipnent erwrittea eppomuccntor delegation.'- '
that' droned m!x an uclnivaatatanent of the powers-and authonty of office=amployeesand other persona to actor net on behalf of the Company,and
FURTHER RESOLVED,that the.thmgoing Raolutinn
such Resolution shalt not lumt•or otherwise affecttheexam gay se of such power or authority otherwise validly granred on'r stcd
CURTHER RESOLVED,t at.the Resnlnttoa of the uoardnfDlratoeo of the Company adopted at the meeting held an Nevembws 1999 ten saline uthonvooaof tetlatnpersansno execmc,for and oebehalf of
the Comeany.Written Comminoeus and appointmensand delegat ohs,ss hereby racinded
Does hereby nominate,constitute and appoint LAWRENCE W.WALDIE,BRIDGE 1 I E S.JACICSON,PATTY PENNNING,PHIL NEIGHORN=and CLAUDIA •
effiviZ-PtFlZ all of the City of Dallas,State of Texas.,each indrvidtlahly if there be;borethan one named,ilstrueaand Iaw€ul attorney in-fac},'to make,
execute,seal and:deliver oo its.behalf,and as:its atfand deed any and all licmds undertakings,'recogni2ances,Contracts,and other writings in the nature
• thereof in penalties not exceeding Ten Million Dollars($I¢d0e,000)and the execution`dfsunh'writings inpursuanee of these presents shall be as binding
upon said Company,me fully-and'.amply as•if they had been duly executed and aekowledged by the regularly elected thtlice s of the Company at its prineipal
offfce
IN WITNESS'WHEREOF,thesard Stephen M,Haney,Vice-President;has heretnife subseribPA his nadir anti affixed the corporate seat of the
said WESTCHESTER FIR£INSURANCE COMPANY this 5th•day oft February 2008.•
. •S • WEStCHESTER FIRE INSURANCE COMPANY• tc'� • Stephentil.Haney Vice President
COMMONWEALTH• OF PENNSYLVANIA
COUNTY OF PHFLADELPHIA Ss. -° , r ` .
On this 5thday of Vebntaiy,'AP.2005 beforeftie,a Notary Public oflhs Commonwealth of Pennsylvania in and for the County ofririladelphia •
came Stephen.M.Haney;Vice-President of the WESTCIIESTER FIRE"INSURANCE:COMPANY Irvine personaily'knowvn•to be the individual and
ofreer •
: f •who executed the preceding instrument;;and heaeknowledged that he exeeuted the same taad that the•seataffsxod'to the preceding instrument is the:
• corporate seal of said Company{.there the said corporate seal and his.signature were duly afftxedby.theauthority and direction of thesaid coipuration,and
that Resolution;adoptedbythe Hoard of Directors afataid Company,referred tons the-preceding •instrument,is now.iti' •
tforce.
•
IN TESTIMONY WHEREOF,I have hereunto set my hand and affxed'my Pftletalseal at the City of Philadelphia the dair'and•year first above written
gat a'eo,r+�+ • ttiRANMI' NtIt.r.,
-iri]raitiitlionblrYlftiS VFY,uitiY64�iV I
Notary Public -
'I,the anderstgned Assistant Secretary to WESTCHESTER FIRE INSURANCECOMPM"IY,`do hereby,emit that the ongtnal POW ER OF
ATTORNEY,otwhichthe foregoing is asubatantlalUYtrueanddorrect PPM,is infaal foteeandelYeet ;
hi •eas whereo,;I have ere to:.subscribedmy name as AssistantSetreWy,-and aniaclaiecorporate seal of the Corpomnon,iht day
of eel
kr ` s)
'fJy • Willialn L.Nally yAssistant Secretary
o THIS POWER OF ATTORNEY MAY NOT RB USED TO EXECUTE ANY BOND WITH AN INCEPTION'DATE AFTER February 5,2010
THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES (♦ THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION.
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
November 10, 2009
Attn: Bridgette Jackson
Marsh USA Inc.
1717 Main Street
Dallas, Texas 75201-7357
RE: Performance Bond #K07110236 for SemCrude, LP
Ms. Jackson:
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 21st day of December, 2009, Westchester Fire Insurance Company issued a
Surety Rider for an Annual Performance Bond on behalf of SemCrude, L.P., naming the Board of County
Commissioners of Weld County as beneficiary. The dollar amount of the Surety Rider for the Performance
Bond was established at Twenty-Seven Thousand Dollars and no/100 ($27,000.00), and the term of the
bond was extended through January 3, 2011.
I have been informed by our Department of Public Works that there are still several punch list items related
to crack fill that have not been completed, and therefore they are requesting that the bond rider be renewed
for an additional year. I am also sending a copy of this letter to SemCrude.
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 970-336-7215,
ext. 4227.
Very truly yours,
Bruce T. Barker
Clerk to the Board
By:
Deputy Clerl o the Board
pc SemCrude, LP, c/o Allan Dye
ao/D -DDa5
// /y'/cf
1 8 6 1 - 2 0 1 1 CLERK TO THE BOARD
. PHONE (970) 336-7215, Ext. 4227
FAX: (970) 352-0242
P. O. BOX 758
f r . GREELEY, COLORADO 80632
WELD -COUNTY
March 7, 2011
Attn: Bridgette Jackson
Marsh USA Inc.
1717 Main Street
Dallas, Texas 75201-7357
RE: Performance Bond #K07110236 for SemCrude, LP
Ms. Jackson:
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 23rd day of December, 2009, Westchester Fire Insurance Company issued a
Surety Rider for an Annual Performance Bond on behalf of SemCrude, L.P., naming the Board of County
Commissioners of Weld County as beneficiary. The dollar amount of the Surety Rider for the Performance
Bond was established at Twenty-Seven Thousand Dollars and no/100 ($27,000.00), and the term of the
bond was extended through January 3, 2011. An additional letter was sent on October 8, 2010, stating the
termination date needed to be extended, but we did not receive a reply from you at that time.
I have been informed by our Department of Public Works that there are still several punch list items related
to crack fill that have not been completed, and therefore they are requesting that the bond rider be renewed
for an additional year. I am also sending a copy of this letter to SemCrude.
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 970-336-7215,
ext. 4227.
Very truly yours,
Bruce T. Barker
Clerk to the Board
By /-y
Deputy Clerk the Board
pc SemCrude, LP, do Allan Dye
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
CONTINUATION
CERTIFICATE
Westchester Fire Insurance Company , Surety upon
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 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 or
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 hereinhefore set forth.
Signed and dated on March 1, 2011
(MONTH-DAY-YEAR)
Westchester Fire Insurance Company
By C\(_`� }AAA
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 a01/cO_Q s
��/9/g xr
41
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,Nw the following eathonraump relate to the exeutton.for end on behalf of the Company,of bonds,undenekings,r cogn,rances,convects and other wnaen commitments of the Company
entered,nto the wdthe y course of Domes,(each a"Written Commitmenfy.
(I) Each of the Chuwlwi,ttte President and the Vice Presidents of the Company is hereby authonzed to execute/any Written Commtment for end on behalf cif lhetompany under the seal of the Company or
otherwise.
(2) Each duly appointed attorney-in-fact of the Company is hereby anlwdaed to execute any Wnnen Commit 'for and on behalf of The Company,cinder'hosed of the Company or otherwise,to the extent Nat
snob action is authorized by the granteepowers provided for in such persons writtenappontment as sec hmen anomey m fact
(3) Each ofthe Chwimen,We President and the Vice Presidents urine Company a herebyautonaed,fir cod on behei the fof Company,to appoint,nwngng why person the alt moy'n-fxt ofte Company wt
full powerand sullenly to execute,for and on behalf of the Company.under the seal°fthe Company or othervnse,such Wntim Comnumcnn ofthe Company as may be specified in such written
appointment which specificafmn may be by general type or flamer Written Comnabnents or by spewaredun of one or more per4GWw Wneen Commitdlenls
(4) Each ofthe Chwnnan,the Praidem and Vice Presidents oribe Company in hereby add nod,for and on behalf of the Company,to delegate awning any other office orthe Company the aiohonty to
execute,for and on behalfof the Company,under the Company's seal or otherwise,such Wntten Commitments of the Company as me specified in such written delegation,which specification may be by
general type or class of Wntten Commitments or by specificauon of one or more particular Wnnen Commitments.
(5) The signaturepf any officer or other person executing any Wnaen Comntment or appointment or delegation pursuant to this Resolnvon,and the seal of the Company,may be affixed by facsimile on such
mitten commitmetor wride,eppo atnieni or delegation,
FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and audoniy oraRgers,employees and other persons toad for and en behalf ofthe
Company,and such Reolutionshail not limit or othenmee afeci the exercise of any such power pi-authority otherwise validly granted orvaied
Does hereby nominate,constitute and appoint Donald RGibsoo,Gina Rodriguez,Joe Martinez,Melissa Haddick,Sandra>R Parker,Tennis Mattson,Terri 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 in the nature thereof in penalties not exceeding Twenty Five
million dollars&zero cents($25.000,00000)and the execution of such writings in pursuance of these presents shall bear binding upon said Company as fully and
amply as if they had been duty executed and acknowledged by the regularly electedofficets of the Company at its principal office,
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 201't. - P
WESTCHESTER FIRE INSURANCE COMPANY
t +t��.' Stephen M.Riney,Viec fatten
1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 20 day of January,AD 2011 beforeme,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 msuument 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 Directors
of said Company,referred to in the preceding instrument,is now in force'
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
rR�fv n .
+4�WJ'tic`�� -. muaaosavRA,atMM"wYM'eavAMIA
NOIARNl85LL .J
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1 I,the undersigned Assistant Secretary of the WESTCHESTER,FIRE INSURANCE COMPANY,do hereby certify that the original POWER OP ATTORNEY,of
which the foregoing is asubstantially tale and correct copy,is in f all force and effect
In witness whereof;I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this0t day of t•
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THIS POWER.OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER January 20,2013.
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THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION.
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