HomeMy WebLinkAbout20080330.tiff RESOLUTION
RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
AND AMENDED LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT (COUNTY ROADS 30, 32, AND 43), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT 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, on August 8, 2007, the Weld County Board of Commissioners approved Use
by Special Review Permit #1614, for 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 6th P.M., Weld County, Colorado
WHEREAS, the Board has been presented with 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 the present address
being 6120 South Yale, Suite 700, Tulsa, Oklahoma 74136, commencing upon the date of
execution, and extending indefinitely, with further terms and conditions being as stated in said
agreements, and
WHEREAS, pursuant to certain Conditions of Approval of Use by Special Review Permit
#1614, SemCrude L.P., agreed to improve and maintain the haul routes utilized by its trucks, with
the affected road areas and responsibilities being described as follows: SemCrude L.P., shall pay
100 percent of the improvements on County Road 30, at the entrance, and improvements to the
intersection of County Roads 49 and 30. The improvements shall include: adequate turning radii
at both the ingress and egress onto County Road 30, acceleration, deceleration lanes with taper,
and a left turn lane with adequate storage at the intersection.
WHEREAS, the Board has been presented with 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, after review, the Board deems it advisable to approve said agreement and
accept said Annual Performance Bond as stated above, copies of which are attached hereto and
incorporated herein by reference.
2008-0330
PL191
(I(1 PL , pet) 4PP? o og o
IMPROVEMENTS AGREEMENT - SEMCRUDE, LP
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Long-Term Road Maintenance and Improvements Agreement and the
Amended Long-Term Road Maintenance and Improvements Agreement between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,and
SemCrude L.P., be, and hereby are, approved.
BE IT FURTHER RESOLVED that Annual Performance Bond #K07110236 from
Westchester Fire Insurance Company, 436 Walnut Street, WA1 OF, Philadelphia, PA 19106, in the
amount of $180,000.00, be and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 30th day of January, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Mill1�'vv E if:/c.:, `1,—,Z�G,..-e
d H. Jerke, Chair
Weld County Clerk to the Board
ISfiI r
,� -j t
� �.,�, e ,, be/. D. Masden, Pro- em
BY: �L C� J,5 )r S. i
Deputy Clerk to the Board ° = ` t
-- William F. Garcia
APPROVED AS -cp. EXCUSED
David E. Long
r
-C99 ty A orney
Dougla Rademacher
Date of signature: '? 2-/ ��
2008-0330
PL1918
162 COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this day of gtSsnseter ,2007, by and between the
County of Weld,State of Colorado,hereinafter called"COUNTY"and SemCrude, L. P., its successors and assigns(permitted
under USR-1614), hereinafter called "SemCrude".
WHEREAS,SemCrude has acquired land use permits from the COUNTY for crude oil unloading facility on 80 acres
located in the South one-half of the Southeast quarter of Section 24,Township 3 North,Range 65 West of the 6th P.M.,Weld
County,Colorado and
WHEREAS,the SemCrude oil truck unloading facility will generate heavy truck traffic for an extended period of time,
and
WHEREAS, the existing County roads that serve the unloading facility shall require increased maintenance and
improvements due to the increase in heavy truck traffic, and
WHEREAS, COUNTY and SemCrude have reviewed maintenance and improvements proposals put forth by
SemCrude, and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the
roads that serve said unloading facility.
WHEREAS, upon execution of this Agreement, the previous Long-Term Road Maintenance and Improvements
Agreement between COUNTY and SemCrude for the SemCrude oil truck unloading facility (permitted as USR-1614) and
recorded with the Weld County Clerk and Recorder.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, COUNTY and
SemCrude mutually agree as follows:
1. SemCrude will provide for the duration of any crude oil unloading facility from its operation (permitted as
USR-1614) with the legal description as part of the South half of the Southeast quarter of Section 24,
Township 3 North, Range 65 West of the 6" P.M.
Haul Route
A. All crude oil trucks will enter and exit the site via the proposed access road directly onto Weld County
Road (WCR) 30 at the plant site. The haul route shall be WCR 30 between WCR 39 and WCR 49
east/west paved roadway; and WCR 49 north/south paved roadway--stay on paved roadway to the
facility.
B. SemCrude shall complete this agreement prior to commencement of hauling operations.
C. SemCrude shall start working on haul route improvements within six(6)months of signed agreement
and be completed in approximately six(6) months from the start of the road construction. The time
period shall start when crude oil is hauled off the site.
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D. SemCrude will provide testing services and inspection for the construction of the improvements. The
COUNTY will only provide oversight. A registered professional engineer,registered in the State of
Colorado, shall provide the COUNTY with a letter that certifies the proper installation of the
improvements.
E. SemCrude shall pay 100%of the improvements on WCR 30 at the entrance and improvements to the
intersection of WCR 49 and WCR 30.
F. The improvements shall include: adequate turning radii at both the ingress and egress on to WCR 30,
acceleration,deceleration lanes with taper,and a left turn lane with adequate storage at the intersection
of WCR 49 and WCR 30 meeting current AASHTO Design Standards.
G. The engineering design and construction plans shall be the responsibility of SemCrude L. P. The
applicant shall provide the COUNTY with construction drawings that detail the required
improvements. The plans shall consist of,at a minimum, ingress/egress entrance intersection layout,
grading, drainage, cross section of base/asphalt, approach roads, and adequate turning radii, WCR
49/30 intersection layout, plan and profile grade, drainage, cross section of base/asphalt,
acceleration/deceleration lanes with taper, left turn lane with adequate storage, large truck turning
radii and pavement markings. A geotechnical design is recommended on depth of additional asphalt
to accommodate heavy truck traffic. These plans will require approval by the County Engineer or his
representative. A registered professional engineer registered in the State of Colorado must prepare the
construction plans. The plans, when reviewed and approved, will constitute a section of this
agreement.
H. The applicant shall warrant and guarantee all improvements for a period of one year from completion.
Maintenance
I. SemCrude agrees to excavate,repair,or patch any damage on said road that has been created by heavy
truck hauling from the crude oil unloading facility. The type and method of repair will be determined
by the County Engineer or his representative. The repairs shall commence within thirty(30)days of
receipt of our written notice.
J. There will be an annual road inspection in the Spring to determine actual conditions and what work is
to be performed that summer if any repairs are needed.
K. At any time in the future, if road damage has increased beyond the point that repair of damage cannot
reasonably be restored, SemCrude will pay a proportionate cost share based on truck traffic using the a-it— d
haul route in the reconstruction of those parts of said road.
=
— �U
-8c 2. Failure of either party to perform any of its respective obligations hereunder by reason of acts of God,strike,or
ma no a)o acts of any governmental agency or authority having jurisdiction over matters set forth herein shall excuse
- CD timely performance of such obligations as soon as reasonably practical. The parties may,however,mutually
o consent to excuse a party from performing any obligation, in whole or in part, upon a showing that
a e ti performance has been rendered impracticable by reason of FORCE MAJEURE.
moo
a,0 3. This Agreement may not be assigned in whole or in part by either party hereto without the written consent of
No the other party. Such consent will not to be reasonably withheld, conditioned, or delayed.
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0 4. If any clause or provision of this Agreement is illegal, invalid,or unenforceable,then it is the intention of the
es'-
cc parties that the remainder of this Agreement shall not be affected.
a.—coca
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5. Sale or transfer of the operation permitted under USR-1614 shall not relieve SemCrude of its obligations under
this Agreement. Should SemCrude file bankruptcy, or in any way attempt to disavow or renounce the
obligations of this Agreement,the COUNTY shall have the option of immediately terminating this Agreement.
Notwithstanding the terms of this paragraph,the requirements of USR-1614 shall not be waived by the terms
of this paragraph and the failure to have a maintenance Agreement in effect combined with a lack of good faith
effort on the part of SemCrude or its successor to enter into a replacement maintenance agreement may be
grounds to revoke USR-1614.
6. All construction and materials controls for a project will be in accordance with the current Standard
Specifications for Road and Bridge Construction, as supplemented or revised, provided by the Colorado
Department of Transportation. During construction, signage shall be posted in accordance with the most
current Manual of Uniform Traffic Control Devices. Submit a traffic control plan.
7. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement,and all
rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties,and nothing
contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person
not included in this Agreement. It is the express intention of the undersigned parties that any entity other than
the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
8. Mutual Indemnification: To the extent authorized by law, SemCrude and the COUNTY mutually agree to
indemnify, save, and hold harmless each other from and against any and all claims, damages, losses, and
judgments,which may be suffered or incurred by either party as a consequence of any breach by either party of
its obligations and duties set forth in this Agreement on those portions of the haul route described in this
Agreement. In the event that any dispute shall arise under this Agreement,the prevailing party in such dispute
shall be entitled, in addition to any other relief to which such party may be granted, to recover its reasonable
attorney's fees and court costs incurred in connection with the resolution of such dispute.
9. By entering into this Agreement, the parties do not intend, either expressly or implicitly, to create a joint
venture or partnership. Except as provided herein, neither party shall have the right or authority to act for,or
on behalf of, or to enter into any obligations which are binding on the other party to this Agreement.
10. All notices to be given under this Agreement shall be in writing and delivered in person,facsimile,or mailed
by certified or registered U.S. Mail,or sent by a nationally recognized overnight delivery service,to the party
to receive such notice at the following addresses:
Weld County Board of Commissioners(COUNTY)
P.O. Box 758
Greeley, CO 80632
SemCrude L. P. (SemCrude)
11501 South 1-44 Service Road
Oklahoma City, OK 73173
ATTN: Glenn Column
All notices shall be effective upon receipt by the party to receive such notice, or by the third day following
deposit of said notice in U.S. Mail,or the first day following deposit of acknowledgment of refusal of delivery
of said notice.
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12. In addition to any other remedy available to the COUNTY in law or equity, failure to comply with this
agreement may be considered as grounds for revocation of USR-1614 as it now exists or may, from time to
time, be amended in accordance with the procedures of the USR and the Weld County Code.
13. Prior to commencement of construction of WCRs 30 and 49 improvements, SemCrude shall provide the
County security in the form of a performance bond, letter of credit or other financial mechanism conforming
with County policy on collateral for improvement to roads or highways. The amount of such security shall be
100% of the estimated cost. The County shall release the letter of credit upon final completion of the
improvements; SemCrude shall warrant and guarantee WCRs 30 and 49 improvements for a period of one year
after completion and acceptance. Please find attached Exhibit A estimated construction cost sheet.
IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement the day and year first above written.
WHEREFORE, parties have hereunto set their hands and seals the date and year first written above.
ATTEST: SemCrude, L.P., a Delaware limited
Partnership
Glenn ollum, Manag , Right of Way, By: SemOperating, G.P., L.L.C.
its general partner
Environmental
Peter L. Schwiering, Vice Preside
Operations
ATTEST: r 0\RD OF COUNTY COMMISSIONERS
` ELv COUNTY, COLORADO
1361 I
Wel ounty Clerk to the Board => I
r
R /
By: at U �gy ' t7 i lia i
utyCl to the Board ' ii William H. Jerke, Chair
JAN 3 0 2008
M:W GREEMENTS\Road-Improv\200TSemCrude.doe
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EXHIBIT"A"
Name of Subdivision
or Planned Unit Development SEJNhCRUL7c, - PLATTEVI LLE STATIONS
Filing
Location: W CR a, 4 49
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.)
Improvements Quantity Units Unit Estimated Construction
Costs Cost
Site grading
Street grading 511O CY 4-oo 5 31 . 080
Street base a..0 3`199 `rout It.It .9 44 429
Street paving co" /616.9 Teal %.W S 90, 5'46
Curbs,gutters,and culverts -H ECS CI) 42 I-f 1O4•tk it 8a8
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL: .4' 171, 883
Engineering and Supervision Costs$ 5 ' g, 5 941.
(Testing,inspection,as-builtplans and work in addition to preliminary and final plat;supervision of actual construction
by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ ,t /80 477
9
1111111110 III 11111��1������������������������HI
Weld County, C
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• The above improvements shall be constructed in accordance with all County requirements and specifications, and
conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit"B."
ei
Applicant
•
App1
-c' t d d arse;unrta•)4/ Date:_ //L& _,2007
Title -Ser✓sC Cf
(If corporation,to be signed by President and attested to by S ecretary,together with corporate seal.)
10
111111111111 III 1111111 III 1.1141 111111111111 1111
3533762 02/06/2008
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76i COUNTY OF WELD, STATE OF COLORADO
AMENDED LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
rci
THIS AGREEMENT made and entered into this c2-3—day of affil 2008,by and between the
County of Weld, State of Colorado, hereinafter called "COUNTY" and Crude, 14 P. (permitted under USR-1614),
hereinafter called"SemCrude".
WHEREAS,SemCrude has acquired land use permits from the COUNTY for crude oil unloading facility on 80 acres
located in the South one-half of the Southeast quarter of Section 24,Township 3 North,Range 65 West of the 6th P.M.,Weld
County,Colorado and
WHEREAS,the SemCrude oil truck unloading facility will generate heavy truck traffic for an extended period of time,
and
WHEREAS, the existing County roads that serve the unloading facility shall require increased maintenance and
improvements due to the increase in heavy truck traffic,and
WHEREAS, COUNTY and SemCrude have reviewed maintenance and improvements proposals put forth by
SemCrude,and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the
roads that serve said unloading facility.
NOW,THEREFORE,in consideration of the mutual covenants and conditions hereinafter set forth,COUNTY and
SemCrude mutually agree as follows:
I. SemCrude will have the following duties for the duration of any crude oil unloading facility from its
operation(permitted as USR-1614)with the legal description as part of the South half of the Southeast quarter
of Section 24,Township 3 North, Range 65 West of the 6th P.M., Weld County,Colorado and
Haul Route(s2
A. All crude oil trucks will enter and exit the site via the proposed access road directly onto Weld
County Road(WCR)30 at the plant site. The haul route shall be WCR 30 between WCR 43 and
WCR 49 east/west paved roadway; WCR 43 between WCR 30 and WCR 32 north/south paved
roadway, WCR 32 between WCR 39 and WCR 43 east/west paved roadway, and WCR 49
north/south paved roadway—stay on paved roadway to the facility.
Improvements
B. SemCrude shall complete this agreement prior to commencement of hauling operations.
C. SemCrude shall start working on haul route improvements within six(6)months of signed agreement
and be completed in approximately six(6)months from the start of the road construction. The time
period shall start when crude oil is hauled off the site.
1 111111 11111 111111 111111 11 111111 1111111 III VIII 1111 IIII
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C7COc 133O
D. SemCrude will provide testing services and inspection for the construction of the improvements. The
COUNTY will only provide oversight. A registered professional engineer,registered in the State of
Colorado, shall provide the COUNTY with a letter that certifies the proper installation of the
improvements.
E. SemCrude shall pay I00%of the improvements on WCR 30 at the entrance and improvements to the
intersection of WCR 49 and WCR 30.
F. The improvements shall include: adequate turning radii at both the ingress and egress on to WCR 30,
arreleration, deceleration lanes with taper, and a left turn lane with adequate storage at the
intersection of WCR 49 and WCR 30 meeting current AASHTO Design Standards.
G. The engineering design and construction plans shall be the responsibility of SemCrude L. P. The
applicant shall provide the COUNTY with construction drawings that detail the required
improvements. The plans shall consist of,at a minimum,ingress/egress entrance intersection layout,
grading, drainage,cross section of base/asphalt,approach roads,and adequate turning radii, WCR
49/30 intersection layout,plan and profile grade,acceleration/deceleration lanes with taper,left turn
lane with adequate storage,large truck turning radii and pavement markings. A geotechnical design
is recommended on depth of additional asphalt to accommodate heavy truck traffic. These plans will
require approval by the County Engineer or his representative. A registered professional engineer
registered in the State of Colorado must prepare the construction plans. The plans,when reviewed
and approved,will constitute a section of this agreement.
H. The applicant shall warrant and guarantee all improvements for a period of one year from completion
and acceptance.
Maintenance •
I. SemCrude agrees to excavate, repair, or patch any damage on said road that has been created by
heavy truck hauling from the crude oil unloading facility. The type and method of repair will be
determined by the County Engineer or his representative. The repairs shall commence within thirty
(30)days of receipt of our written notice.
M
S J. There will be an annual road inspection in the spring to determine actual conditions and what work is
O
r to be performed that construction season if any repairs are needed.
Ica.e
K. At any time in the future,if road damage has increased beyond the point that repair of damage cannot
- ereasonably be restored,SemCrude will pay a proportionate cost share based on truck traffic using the
e
haul route in the reconstruction of those parts of said road.
�? 2
= aio
2. Failure of either party to perform any of its respective obligations hereunder by reason of acts of God,strike,
,��, or acts of any governmental agency or authority having jurisdiction over matters set forth herein shall excuse
h timely performance of such obligations as soon as reasonably practical. The parties may,however,mutually
o consent to excuse a party from performing any obligation, in whole or in part, upon a showing that
o performance has been rendered impracticable by reason of FORCE MAJEURE.
-N�
=;a. 3. This Agreement may not be assigned in whole or in part by either party hereto without the written consent of
mmi o c the other party. Such consent will not to be reasonably withheld,conditioned,or delayed.
rc
a 4. If any clause or provision of this Agreement is illegal,invalid,or unenforceable,then it is the intention of the
o parties that the remainder of this Agreement shall not be affected.
_-r9N
M:\AGREEMEMIS Road-Impiety\2008\SemCnde(USR-1614)Road Maintenance Agreement doc
_Z_
5. Sale or transfer of the operation permitted under USR-1614 shall not relieve SemCrude or successor and
assigns of its obligations under this Agreement. Should SemCrude file bankruptcy,or in any way attempt to
disavow or renounce the obligations of this Agreement,the COUNTY shall have the option of immediately
terminating this Agreement. Notwithstanding the terms of this paragraph,the requirements of USR-1614
shall not be waived by the terms of this paragraph and the failure to have a maintenance Agreement in effect
combined with a lack of good faith effort on the part of SemCrude or its successor to enter into a replacement
maintenance agreement may be grounds to revoke USR-1614.
6. All construction and materials controls for a project will be in accordance with the current Standard
Specifications for Road and Bridge Construction, as supplemented or revised, provided by the Colorado
Department of Transportation. During construction, signage shall be posted in accordance with the most
current Manual of Uniform Traffic Control Devices. Submit a traffic control plan.
7. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement,and all
rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties,and nothing
contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person
not included in this Agreement. It is the express intention of the undersigned parties that any entity other than
the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
8. Mutual Indemnification: To the extent authorized by law,SemCrude and the COUNTY mutually agree to
indemnify, save, and hold harmless each other from and against any and all claims,damages, losses, and
judgments,which may be suffered or incurred by either party as a consequence of any breach by either party
of its obligations and duties set forth in this Agreement on those portions of the haul route described in this
Agreement. In the event that any dispute shall arise under this Agreement, the prevailing party in such
dispute shall be entitled, in addition to any other relief to which such party may be granted,to recover its
reasonable attorney's fees and court costs incurred in connection with the resolution of such dispute.
9. By entering into this Agreement,the parties do not intend, either expressly or implicitly,to create a joint
venture or partnership. Except as provided herein,neither party shall have the right or authority to act for,or
on behalf of,or to enter into any obligations which are binding on the other party to this Agreement.
9
10. All notices to be given under this Agreement shall be in writing and delivered in person,facsimile,or mailed
i c it by certified or registered U.S.Mail,or sent by a nationally recognized overnight delivery service,to the party
me'a
to receive such notice at the following addresses:
d
o Weld County Board of Commissioners(COUNTY)
P.O. Box 758
-3 2 Greeley,CO 80632
d
d SemCrude L.P.(SemCrude)
nal-a
11501 South 1-44 Service Road
m G$ Oklahoma City,OK 73173
Aso
c All notices shall be effective upon receipt by the party to receive such notice,or by the third day following
o c deposit of said notice in U.S. Mail, or the first day following deposit of acknowledgment of refusal of
o o delivery of said notice.
SE ¢
t•1-_
r- 12. In addition to any other remedy available to the COUNTY in law or equity, failure to comply with this
agreement may be considered as grounds for revocation of USR-1614 as it now exists or may,from time to
time,be amended in accordance with the procedures of the USR and the Weld County Code.
M_AGREEMENTS\toad-Improv\20081SemCrrde(USR-1614)Road Maintenance AQcco..nLdoc
- 3 -
13. Prior to commencement of construction of WCRs 30 and 49 improvements, SemCrude shall provide the
County security in the form of a performance bond,letter of credit or other financial mechanism conforming
with County policy on collateral for improvement to roads or highways.The amount of such security shall be
100% of the estimated cost. The County shall release the letter of credit upon final completion of the
improvements; SemCrude shall warrant and guarantee WCRs 30 and 49 improvements for a period of one
year after completion and acceptance.Please find attached Exhibit A estimated construction cost sheet.
IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement the day and year first above written.
WHEREFORE,parties have hereunto set their hands and seals the date and year first written above.
ATTEST:
By: 17...a."--4--‘
/ G
By:
ATTEST: E n`,�ARD OF COUNTY COMMISSIONERS
a Yy t COUNTY,COLORADO
Wel ounty Clerk to the Board '1861
By: !il GAF ':�iu a6 y _ ` '
puty 41:rk to the Bo. {) William H.Jerke,Chair
JAN 3 0 2008
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-4-
2ootc- esSO
�c -EV
Annual Performance Bond
Bond No. K07110236
KNOW ALL MEN BY THESE PRESENTS, that we, SemCrude, L.P., as Principal, (hereinafter called the "Principal"), and WESTCHESTER
FIRE INSURANCE COMPANY ,(hereinafter called the"Surety"),are held firmly bound unto the County of Weld,State of Colorado as Obligee,
(hereinafter called the "Obligee"), in the maximum penal sum of One Hundred and Eighty Thousand and no/I00 Dollars, (S 180,000.00), good and
lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators,
executors,successors,assigns,jointly and severally,firmly by these presents.
WHEREAS, the above bound Principal has entered into a certain written contract with the above mentioned Obligee described as: Off-Site
Improvements on WCR 30 at the entrance and improvements to the intersection of WCR 49 and WCR 30 in Weld County, Colorado dated
September 18,2007,contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
WHEREAS,the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of only one year.
NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall indemnify the Obligee for any and all loss that the Obligee
may sustain by reason of the Principal's failure to comply with the terms and conditions of said Contract,then this obligation shall be null and void,
otherwise it shall remain in full force and effect.
PROVIDED,HOWEVER,that:
I. The term of this bond is for the period commencing January 3,2008 and expiring on January 3,2009,unless released by the Obligee prior
thereto. However, the term of this bond may be renewed for an additional one-year period(s) by the issuance of a Continuation Certificate
by the Surety.
2. Neither nonrenewal by the Surety nor failure of the Principal to provide the Obligee with a replacement bond shall constitute default under
this bond.
3. In the event the Principal shall be declared by the Obligee to be in default under the Contract, the Obligee shall provide the Surety with a
written statement setting forth the particular facts of said default no later than thirty(30) days from the date of said default, which notice
shall be sent to the Surety by registered mail to the address in stated in Section 6 below.
4. The Surety will have the right and opportunity, at its option,and in its sole discretion,to: a.)cure the default; b.)assume the remainder of
the Contract and to perform or sublet same;c.)or to tender to the Obligee funds sufficient to pay the cost of completion less the balance of
the Contract price up to an amount not to exceed the penal sum of the bond. In no event shall Surety be liable for fines, penalties,
liquidated damages or forfeitures assessed against the Principal.
5. The Obligee's acceptance of this bond and reliance upon it as security constitutes its acknowledgement and agreement as to the terms under
which it is offered and issued by the Surety.
6. All notices,demands and correspondence with respect to this bond shall be in writing and addressed to:
The Surety at: 436 Walnut Street WAIOF,Philadelphia,PA 19106
The Principal at:bib , to Smite 1ot) ,1 14?1131:.
The Obligee at:
SIGNED, SEALED AND DATED this 3rd day of January,2008.
Principal:SemCr e
By. /�e t
Tit
President
esident
Surety: WESES�T,C,I,I,ESSTERR FIRE
�INSURANCE COMPANY
By: J�fL.Wr"`— l�l/'�_ ,Attorney-In-Fact
rev.08/06 Diane Kern
Power of • • WESTCHESTER FIRE INSURANCE COMPANY 1233988
Attorney n •
135753 • 1
Know Witten by these presents: That WESTCHESTER FIRE:INSURANCE COMPANY,acorporation of the:State of.New York,having its
principal office in the City of.Atlanta,Georgia pursuant ten the following-Resolution,adopted by the Board of Directors of the said Company on December I I,2006,to
RESOLVED that the following oh n atzsi ons relatelo the execution for and on Whitt(at the Company,of bonds,unden,tdngs,recoymzancoo conpacnand other wetttce commiun nts of the Cm-Spans,entered into
•
the rdinary course f b nessteaoh CI Written Co inn tmenf) - - -
(iy Each of ate Cha onto the President mid the Vice Pibsidentsof the Company is hereby authorized to execute any Wr tten an Cmrum¢rceoa for::and on behalf of the Company,and the seal of the C ml Y r otherwise
(2) Eand ly appointed attomey,in fact oferotic Company ithereby authnnzed to execute may Writt ColffillitMellt for and em behalf oftheCompany undo the seal of the Company or otherwise 'Grim extent:ihin such
etmnc authonzd by thefrant ofpowers provided for suchpersaiiswttei rffiffioffitmentaz suchas iy'n-f t
.(3).-' .-...-Each of the Chairmnn,lhe'President and the Voce F'esrdenis fthe Company is herebyffituttorized:rffir and on behalf ofth Cmpngy,tpapponl lnwritn(my pert m4heatiomeycin fart of the C mpaoy with fail!pmi'er
•
and authority to erseauto for and on behalf of the ConffianwunduCthe seal of the Compny ot.otherwffie,such WVnt Comvluneois of the Cmnpanyas may he tpecifiedtn such written appointment which specifcation-
•
may be by getseal type-or class of Written Commtanenis or byhffispeetficariun..ofpnet more particular Written'Q bn u :
(1) Each of the Ch6noan,the Presidrnr end Vice Piesideitu of Me Company is he by athotred for and on behalfd(the Company,fo delegate icy-Writing rosy other
officer
fiv of amC e Company
anythe
halAeaase:f
and oh behalf ofthe{Company,under:the Companys,seal or otherwise,such Written•Commhments of the Coinposny asape specified m ouch written delegairra per y by Fete type orr
women Commianeltis or by specification stone or more panrcular Written Gimmttrnents.
(5): -_ ...'flu:sigiffinwe of any officer-dr'ethe x person executing any written Commitment or appointment or iletegahuon pursuant to-this fesoluton a ad the aeelofiheCompany, any be affixed by facsimile ot.uch ntninvn
Commitment us-written appotsame t or delegation.
FURTHER RESOLVE➢thayslMiotegmng Resolution shall not be deemed to bean exclusive amtetnent ortbepewers and authority of o(ficets employeesandother pcmonsio act for and on behalf of the Company,and-
such Resolution shall notltmuoF oterwiseeffeet she'oxercise of shy such power Or authority othewse validly granted or vested:-1 •
PURTHER RESOLVED that the Resoluion of the Board of Dtrecioin.of the Cmnpany adopted at themeehng held on November:$,1999 relaamg to the'uthorivataon of certain persons no execute for and nn nehalf of"
the Company;,Written(bminitments:and app-otniments and delcgetioa;,is hereby reseindtd.
Does hereby nominate,eonstatute and appoint JANET JENKINS,STUART;F DESE{.MS,DIANE KERN,BRIGETTE BURGESS;;WILLIAM A':GRANT,Ill,JEFFREY
W..HOLMES and CATHY HEILIGER all of the City of Tulsa,State of Oklahoma,each individually itthere be more dean one named its true and'iawful
attoiney.on fact to make,execute;seal and deliver on its behalf,and as its•act and deed:any:and all bonds;undertakings,,recognizances,contracts and otter
•writings in the nature thereof in penalties not exoeedrng Ten Million Dollars($10,000,000)and the execution of Such.writings in pursuance of these
.presents shall he as.banding gponsard•Company,as•fully and'amply as if they had been drily executed and aekowledged by the regularly elected officers of -
the Company at itspnneipal office - - ;
IN WITNESS WHEREOF,the said Stephen M•Haney,Viee President,has hereunto subscribed his name and affixed the vorpotabe seal of the
said WESTCHESTER FIRE:INSURANCE COMPANY this.113th 3th day of November 2007
WESTCHESTER FIRE INSURANCE COMPANY• CNBHT+,s
`Fei` 1 /
.!+ANDS Ste henM.Haney;Vice President
•COMMONWEALTH OF PENNSYLVANIA
-•-COUNTY OF PHILADELPHIA see-. l-
On this 13th day of November A.D.2007,before mee:a Notary Public of the Commonwealth of Pennsylvania'at and for the County of Philadelphia-:
came Stephen M iHaney,VieMPresidoeit of the WESTCHESTER FIRE INSURANCE1COMPANY:to me personal to ally known be the individu and
officer who executed the preceding instrument;and heaeknewledged•that he executed the.same,and that the seal affixed to the-preceding instrument is the -,
Zrorporate seal tot said Company;;that the said corporate seal and his signature were duly:affixed by the authority and direction of the said corps ation and
that Resolution;adopted by the Board of Di ectors of said Company,referred to in the preceding ins€rument,is now an:force. •
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Phdadelphm the day and.yeai first above written.'
C9MMOtiMY'd+16"p'i Qf•'PF3Wi7Y4YANlA
•
Y;, Cakf•Ot.r IllISII Pita.Ci
',.0..,,,.z.-.4:•/ oil S ffi•pbBr lC,�01Q
my cothIIsikk Expire Notary Public
[,the undersigned Assistant Secretary of WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original.POWER OF
ATTORNEY,of which tae foregang is a substantially true and correct copy,as in tell farce and effect
•
- In witness whereof,I have beittntrt,subectr.kted my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this 3i1 day
•
etCxT�xR
. r:
William L Kelly:,Assistant Secretary
i ,aANDEC
g THIS POWER OP ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH Ala INCEPTION DATE'AFfER November 13,2009 •
... •
- ---_ _---- --/�
• THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION.
• a
Kis
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
' P. O. BOX 758
GREELEY, COLORADO 80632
C.
COLORADO
June 26, 2009
Westchester Fire Insurance Company
436 Walnut Street WA10F
Philadelphia, Pennsylvania 19106
RE: Performance Bond #K07110236 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 3rd 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 One Hundred
and Eighty Thousand and no/100 ($180,000.00).
The terms of the Performance Bond required that it be maintained by your institution until the 3rd day of
January, 2009, with the option of renewing for an additional one-year period by the issuance of a
Continuation Certificate by the Surety. If the bond expired, you must replace it with a continuation
Certificate.
If you have any questions regarding this letter or your obligations under the Performance Bond, or if you
disagree with any statement contained in this letter, please call Donna Bechler, at 970-356-4000, ext.
4227, or e-mail me at dbechler@co.weld.co.us.
Very truly yours,
� uJ /J
(
Donald D. Warden
Clerk to the Board
7
By: itn-17//it-9l//A } h4Zet
Deputy Clerk t the Board
pc SemCrude, LP, do Russell Gurtler Jr. Family Trust and Dorthy Gurtler Trust
•
U.S. Postal Service,.
o CERTIFIED MAIL,M RECEIPT
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(Domestic Mail Only;No Insurance Coverage Provided)
F rdelivery inf•rmati nvisit•ur we•site at www.us•s.r.
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Postage $
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O Certified Fee - q
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- Postmark V
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(c0 Restricted Delivery Fee W J/(((I r
(Endorsement Required) /�j
Total Postage&Fees $
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or PO Box No. 93'% 14W al. 6/ tenet
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See averse Lrinstructi•ns
SENIF• C•M•LETE THIS SECT/IN
C n41Pt! /f THIS SCC IiON ON DEL NFRV
• Complete items 1,2,and 3.Also complete A :..: um item 4 if Restricted Delivery Is desired.
■ Printyour name and address on the reverse X . A Agent
so that we can return the card to you. dN ❑Addressee
■ Attach this card to the back of the mailpiece, 0' eceived ' tad I`!ame �-
or on the front ifs space J I," C. D e of.-livery
Pa permits.
1. Article Add %. Is delivery D//Addressed to: ery add different from Item 1 in Yes
&esfe�ies r F If YES,enter deli :ry address below: ❑No
936 &#%7k/ 1 wA/O,4"
1//rr/adet/did ,jc2 /9/6o 3. SeMce Type
/ Irtified Mall ❑Express Mail
Registeredm Receipt for Merchandise
❑Insured Mall ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfer from seMce lebe0 7005 1820 0003 5225 2062
PS Form 3811, February 2004
Domestic Return Receipt 1D2585-aNd-16Ce;
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