HomeMy WebLinkAbout20080407.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),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,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 the present address
being 6120 South Yale, Suite 700, Tulsa, Oklahoma 74136, with terms and conditions being as
stated in said agreement, and accepted Annual Performance Bond#K07110236, in the amount of
$180,000.00, and
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County and SemCrude, L.P., with terms and conditions being as
stated in said agreement, and
WHEREAS, the Board has been presented with Annual Performance Bond #K07110273,
from Westchester Fire Insurance Company, 436 Walnut Street, WA10F, Philadelphia, PA 19106,
in the amount of$301,289.73, 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.
2008-0407
PL1918
('�' : /1161,1 /7.7crL 34)WOE'
IMPROVEMENTS AGREEMENT - SEMCRUDE, LP
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Improvements Agreement According to Policy Regarding Collateral for
Improvements(Private Road Maintenance)between the County of Weld,State of Colorado,by and
through the Board of County Commissioners of Weld County, and SemCrude L.P., be, and hereby
is, approved.
BE IT FURTHER RESOLVED that Annual Performance Bond #K07110273 from
Westchester Fire Insurance Company, 436 Walnut Street,WA10F, Philadelphia, PA 19106, in the
amount of$301,289.73, be and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of February, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
ELa WELD COUNTY, COLORADO
ATTEST: ea • a
361 it k,?:-.) am H. Jerke, Chair
Weld County Clerk to the r Vat �_
ri ,,• Robert D�M en, Pro-Tem
De ty CIe to the Boar �
Wil F. Garcia
RO D A M: C (CoC.
David E. Long
Attor y v
Dougla ademac er
Date of signature: y�
2008-0407
PL1918
0 IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDINGCOLLATERAL ROLA MAINTENANCE)
NCEROVEMENTS(PRI ,--
THIS AGREEMENT,made and entered into this I 5 day of h)o‘-lsk-1^^ EN,20`?-,byand
between the County of Weld, State of Colorado, acting,through h is Board o hef reinafter called C "Applicant."
ers,
�, e.V'V-1�e 0c
hereinafter called "Coup and S
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld,Colorado:
WHEREAS,aFinal Subdivision/Planned Unit Develo (PUD)plat of said property,to be known
e nn c—R y U K {� has been submitted to the County
as -
for approval,and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision ImprovementAg eementguaranteeingthe construction of the public improvements
shown on plans,plats and supporting documents of the Subdivision Final Plat,Planned Unit Development
Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits
"A" and"B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
- o approval of said Final Plat,the parties hereto promise,covenant and agree as follows:
2
si 1.0 Engineeringery Sices: Applicant shall furnish,at its own expense,all engineering services in
al ems'Y.52 connection with the design and construction of the Subdivision or Planned Unit Development
improvements listed on Exhibit"A," which is attached hereto and incorporated herein by
'o g reference.
-3E 1.1 The required engineering services shall be performed by a Professional Engineer and
- c Land Surveyor registered in the State of Colorado,and shall conform to the standards
M en and criteria established by the County for public improvements.
NO
m 0 1.2 The required engineering services shall consist of, but not be limited to, surveys,
-o e designs,plans and profiles,estimates,construction supervision,and the submission
N O of necessary documents to the County.
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1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
or Planned Unit Development to the County for approval prior to the letting f any
construction contract. Applicant shall furnish one set of reproducible "as-built"
drawings and a final statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of-
way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Developmentimprovements listed on Exhibit"A,"which is attached hereto and
incorporatedherein by reference,according to the construction schedule set out in Exhibit"B"
which is also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county,the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and
the County have requirements and standards,those requirements and standards that
are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction,the County shall have the right to test and
inspect, or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems,water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement,within the construction schedule appearing
in Exhibit"B." The Board of County Commissioners,at its option,may grant an
extension of the time of completion shown on Exhibit"B" upon application by the
Applicant subject to the terms of Section 6 herein.
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4.0 Release of Liability. Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits,actions or claims of
every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County on
account of any such suit,action or claim,together with all reasonable expenses and attorney
fees incurred by County in defending such suit,action or claim whether the liability,loss or
damage is caused by, or arises out of the negligence of the County or its officers,agents,
employees,or otherwise except for the liability,loss,or damage arising from the intentional
torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage,and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and heah.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant,streets within a Subdivision or Planned Unit Development may be approved by the
County as public roads and will be maintained and repaired by a Homeowners Association or,
in its absence,the owners of lots within the Subdivision or Planned Unit Development.
6.1 If desired by the County,portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit"B,"but such use and
operation shall not constitute an approval of said portions.
6.2 County may,at its option, issue building permits for construction odots for which
street improvementsdetailed herein have been started but not completed as shown on
Exhibit"B," and may continue to issue building permits so long as the progress of
work on the Subdivision or Planned Unit Development improvements in that phase
of the development is satisfactory to the County; and all terms of this Agreement
have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s)may request in writing that the County Engineer inspect its streets and
recommend that the Board of County Commissioners partially approve them. Not
sooner than nine months after partial approval, the County Engineer shall, upon
requestby the applicant,inspect the subject streets,and notifythe applicant(s)of any
deficiencies. The County Engineer shall reinspect the streets after notification from
the applicant(s)that any deficiencies have been corrected. If the County Engineer
finds that the streets are constructed according to County standards, he or she shall
recommend full approval. Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development,the Board
of County Commissioners shall fully approve said streets as public but with private
pay.
1111111 11111 111111 III Mill 1111111111III III!, 11111111
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7.0 General Requirements for Collateral
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval,the applicant shall indicate which of the five
types of collateral preferred to be utilized to secure the improvements subject to final
approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within six
(6)months of the Final Plat approval. If acceptable collateral has not been submitted
within six(6)months then the Final Plat approval and all preliminary approvals shall
automatically expire. Applicant may request that the County extend the Final Plat
approval provided the cost estimates are updated and the development plans are
revised to comply with all current County standards,policies and regulations. The
improvements shall be completed within one (1)year after the Final Plat approval
[not one year after acceptable collateral is submitted) unless the applicant(s)
requests that this Agreement be renewed at least thirty (30) days prior to its
expiration and further provides that cost estimates for the remaining improvements
are updated and collateral is provided in the amount of One-Hundred percent
[100%) of the value of the improvements remaining to be completed. If
improvements are not completed and the agreement not renewed within these time
frames,the County, at its discretion,may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plat or Subdivision Final
Plat. The applicant would need only to provide collateral for the improvements in
each filing as approved: The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with ExhibitCA" and"B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred
percent(100%)of the total value of the improvementsas set forth in Section
6.0 and Exhibits"A"and"B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County
if the developer has not performed the obligations specified in the
Improvement Agreement and the issuer has been notified of such default.
1111111 11111 111111 I11 11111111 11111 11111 III 11111 1111 1111
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8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One-Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements,based on inspections of
the development by the issuer. In no case shill disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
(i.e., streets,sewers,water mains and landscaping,etc.). The issuer of the
Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent(15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent(15%),or one year from the date of Final Plat approval,
whichever occurs first. Said letter shall stipulate that, in any event, the
Letter of Credit shall remain in full force and effect until after the Board has
received sixty(60)days written notice from the issuer of the Letter of Credit
of the pending expiration. Said notice shall be sent by certified mail to the
Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
D (M.A.I.)indicating that the value of the property encumbered in its current
g degree of development is sufficient to cover One Hundred percent(100%)of
the cost of the improvements as set forth in the Improvements Agreement
y plus all costs of sale of the property.
-Z.°
8.2.2 In the event property other than the property to be developed has been
—0 `m accepted as collateral by Weld County,then an appraisal is required of the
d property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
— indicating that the value of the property encumbered in its current state of
a a) development is sufficient to cover One-Hundred percent(100%)of the cost
N- rn of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
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$0 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
o encumbrance which is senior to all other liens and encumbrances.
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c.3 04 r 8.2.4 A building permit hold shall be placed on the encumbered property.
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M:\AGREEMENTSPRIVATE ROAD MAINPENANCEPRIVATEROADMAINTENANC&FORM.DOC
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the Weld
County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%)of the value of
the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalentto One-Hundred percent(100%)of
the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County,the Applicant must present a Statement of Substantial
Compliance from an Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliancewith approved plans and specifications
documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
`do approved by Weld County.
rc 9.2 Test results must be submitted for all phases of this project as per Colorado
a.(-2Y Department of Transportation Schedule for minimum materials sampling,testing and
a.6,; inspections found in the Colorado Department of Transportation(CDOT)Materials
O Manual.
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=MI 0J M 9.3 "As built" plans shall be submitted at the time the letter requesting release of
——3 „ collateral is submitted. The Engineer shall certify that the project"as-built" is in
d r'd substantial compliance with the plans and specifications as approved, or that any
�My
�N material deviations have received prior approval from the County Engineer.
o
-o c 9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a
N letter of acceptance of maintenance and responsibility by the appropriate utility
N o company, special district or town for any utilities.
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MAAGREEMENTSPRNATE ROAD MAINTENANCEPRNATEROADMAINTENANCE-FORM.D0C
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall indicate
if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the Board.
This action will be taken at a regularly scheduled public meeting of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in
the amount of fifteen percent(15%)of the value of the improvements as shown in
this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity,specil district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a
rezoning,Subdivision or Planned Unit Development, requires the dedication, development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
streets and utility easements of a character,extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall bededicated to the County or the appropriate school
district,for one of the above purposes. Any area so dedicated shall be maintained by
the County or school district.
— 10.2 The required acreage as determined according to Chapter 24 of the Weld County
E Code,may be reserved through deed restrictions as open area,the maintenance of
d which shall be a specific obligation in the deed of each lot within the Subdivision or
x Planned Unit Development.
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n 10.3 In lieu of land,the County may require a payment to the County in an amount equal
o to the market value at the time of Final Plat submission of the required acreage as
d determined according to Chapter 24 of the Weld County Code. Such value shall be
a � determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
mmi m N expended for parks at a later date.
�NO
0 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal
CIO representatives,successors and assigns of the Applicant,and upon recording by the County,
$ shall be deemed a covenant running with the land herein described,and shall be binding upon
o the successors in ownership of said land.
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MAAGREEMENTSPRIVATE ROAD MAINTENANCEPRIVATEROADMAINTENANC&FORM.DOC
IN WITNESS WHEREOF,the partieshereto have caused this Agreementto be executed on the day
and year first above written.
APPLICANTL-DErn et-u � z ,
APPLICA
.� TITLE:7,?? r .L.ec v,t-, a, e a✓//UiL?f
r
CC''
Subscribed and sworn to before me this /1 day of Gam-- 2022
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My Commission expires: .�` i�N L .bk '
?:�OTARy N ry Public
/147114-L- ZO 2 B/O ` / #02019401
1r: '-: EXP.11t20/10 ¢.
ATTEST: g �� 0,,,ox u„R� BOARD OF COUNTY COMMISSIONERS
� I /,d a� WELD COUNTY, COLORADO
Weld County Clerk to the Board » ice—in-t-,
k1 �• liam H. Jerke ,Chair
B I lit a �' /04/2008)
Dep Cle 4o a Board ti 31P
./I
APPROVED AS TO FORM:
ounty Attorney
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atft02-0907
.... .. ..... ..... ........-.......
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development _Sefil Crude, L.P.
Filing: USR --1614___
Location: Platteville Station WCR 30 & 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 3000 CY 6.00 18,000
Street base 2750 Ton 12.00 33,000
Street paving 1750 Ton 60.00 105.000
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities 20' Ft. 12.00 240
Retention ponds 3570 CY 5.00 17.850
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
v Street Names
a- o Fencing requirements 4958' LF 16.20 80.319.60
a Landscaping 674.15 So. Ft. 20.00 13.483
- cc
.o Park improvements
a Road culvert 120' LF 10.00 1,200
=- =c..1 Grass lined Swale 200' LF 8.50 17,850
oTelephone
o 0
c d Gas
do' Electric
mmomm• Water transfer
SUB-TOTAL:
am
vs $286,942.60
14,347.13
�0 Engineering and Supervision Costs$ 5%00
o
�oci (Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction
n p by contractors)
mm ir TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 301,289.73
—Mr
�0 The above improvements shall be constructed in accordance with all County requirements and specifications, and
M O,
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 Exhib it"B."
By:-��071 4e ,41,de
Applicant
rr/ra}
Aplpll-ican
JUivRier• --
ege✓/i/rsteyysevola-e Date:_ 01/42. ,20O
7_.
Title —Gr✓Ices
(If corporation,to be signed by President and attested to by S ecretary,together with corporate seal.)
•
•
111111 !!c!!r
Weln
10
1
EXHIBIT "B"
Name of Subdivision //11
or Planned Unit Development �@-M di'dde r/ L. /O
Filing: rU5W— �1'#
Location: 7kr hie!i/ ` 3t4i. toe/e3 4/44 I
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements.
All improvements shall be completed within_ years from the date of approval ofthe final plat Construction
of the improvements listed in Exhibit"A"shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading
�S Street base 9. i/p$
Street avin y / p
V Curbs,gutters,and Culver 5A d O$
Sidewalk
\] Storm sewer facilities '42'15
'ff
�l 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
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
V Fencing requirements y//Qg
---4 Landscaping VI/0 8
Park improvements
Road culvert 'W(/s'
Grass fined swale - IAA's
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL:
111111 11111111111 III 11111111 11111 11111 III 111111 III IIII •
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to
The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any
particular improvements shown above,upon a showing b y the Applicant that the above schedule cannot be met.
Applicant
Per r L Schtwie/t tiv6
Applicant
R Date: iG�220fi7
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
1 111111 11111 111111 III MID 11111 11111 111111 111 till
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,aQC-61-0407
a1R MEMORANDUM
Wi`Pe. TO: Board of County Commissioners
COLORADO DATE: January 28, 2008,, , A
FROM: Michelle Martin
SUBJECT: USR-1614
The Department of Planning Services received an Annual Performance Bond for the Private
Improvements Agreement for USR-1614 (A Site Specific Development Plan and Special
Review Permit for a Mineral Resource Development Facility including an Oil and Gas Storage
Facility in the A (Agricultural) Zone District.)
The collateral for the Improvements Agreement is in the amount of $301,289.73 for on-site
improvements.
After review of the collateral by the Weld County Attorney, the Department of Public Works and
Department of Planning Services, it has been determined that the amount of the agreement will
be sufficient to complete the on-site improvements required for USR-1614.
• •
Light, Lauren
From: Donald Carroll [dcarroll@co.weld.co.us]
Sent: Wednesday, November 14, 2007 1:23 PM
To: Light, Lauren
Subject: RE: Semcrude- USR-1614
Lauren, the Public Works side looks good to me. We would Accept the Exhibit "A" Estimated
Construction Costs. Planning Service need to review there items. Sign the Original and
Bond the amount.
Original Message
From: Light, Lauren [mailto:Lauren.Light@tetratech.com]
Sent: Wednesday, November 14, 2007 9:36 AM
To: Donald Carroll; Michelle Martin
Subject: Semcrude - USR-1614
Will these amounts work for the on-site improvements?
NOTE NEW EMAIL ADDRESS - lauren.light@tetratech.com Lauren Light I Project Manager/Senior
Planner
Main: 303.772 .5282 I Fax: 303 .772 .7039
lauren.light@tetratech.com
Tetra Tech I Infrastructure Group
1900 South Sunset Street, Suite 1-F I Longmont, CO 80501 www.tetratech.com
PLEASE NOTE: This message, including any attachments, may include privileged,
confidential and/or inside information. Any distribution or use of this communication by
anyone other than the intended recipient is strictly prohibited and may be unlawful. If
you are not the intended recipient, please notify the sender by replying to this message
and then delete it from your system.
1
• Page l of l
Michelle Martin
From: Michelle Martin
Sent: Wednesday, January 02, 2008 2:14 PM
To: 'Light, Lauren'
Subject: RE: USR-1614
Hi Lauren,
Yes the attached bid will satisfy the landscaping requirement. Please remember to update Exhibit "A"
with the additional amount for the landscaping ($13,483.00). Let me know if you have any other
questions.
Planner II
4209 CR 24.5
Longmont, CO 80504
mmartin@co.weld.co.us
PHONE: (720) 652-4210 x 8730
FAX: (720)652-4211
From: Light, Lauren [mailto:Lauren.Light@tetratech.com]
Sent: Thursday, December 20, 2007 2:32 PM
To: Michelle Martin
Subject: USR-1614
Hi Michelle, We finally received the bid from renewable fiber for the landscaping. Let me know right away if this
satisfies your requirements and I will update Exhibit"A"and get the bond from semcrude. Thanks.
NOTE NEW EMAIL ADDRESS •lauren.light@tetratech.com
Lauren Light I Project Manager/Senior Planner
303.772.5282 I fax:303.772 7039
lauren.light@tetratech.com
Tetra Tech I Infrastructure Group
1900 South Sunset Street,Suite 1-F I Longmont.CO 80501 j www.teartech.c:om
PLEASE NOTE: This message,including any attachments,may include privileged.confidential and/or inside information.Any distribution or
use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended
recipient.please notify the sender by replying to this message and then delete it from your system.
01/02/2008
Renewable Fiber, Inc.
PO Box 205
Ft. Lupton, CO 80621
Tetra Tech / Infrastructure Group
1900 South Sunset Street, Suite 1-F
Longmont, CO 80501
Proposed landscaping for:
Semcrude L.P. — Crude Oil Unloading Facility
Weld County Road 49 and 30, Weld County Colorado
Entrance and exit landscaping per provided plans:
14,892 Square feet of 1 '/ inch local river rock
75 ton of granite boulders
Landscape fabric and pins
Roll top edging and pins
Materials and Installation:
$ 13,483.00
• •
TETRA TECH 1900 S.Sunset Street, Suite I-F Longmont,CO 80501
Tel: 303.772.5282 Fax: 303.772-7039
MEMORANDUM
To: Michelle Martin
From: Rich Christy
Subject: USR-1614- SemCrude Fencing Pricing
Date: November 27, 2007
Dear Ms. Martin,
This memo explains the estimated cost for fencing on the project reference above. To the
best of my knowledge, there has not been a bid for fencing and landscaping as requested in your
email to Lauren Light of Tetra Tech dated November 19, 2007.
However, our estimate was calculated from the following method. From our design plans,
we estimate there will be 4958 linear feet(LF) of 72" high chain link fence. This item correlates
with the Colorado Department of Transportation (CDOT) bid item 607-53172. For purposes of
estimating, we used the CDOT average bid price published by the in the 2007 Cost Data publication
dated August 13,2006, of$16.20 per LF. That gives this item a cost of$80,319.60.
Sincerely,
Rich Christy, P.E.
1
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• 0
C L
45-
Annual Performance Bond
/zie L/C
Bond No. K07110273
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 Three Hundred One Thousand Two Hundred Eight Nine Dollars and 73/100,
($301,289.73), 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: On-Site
Improvements-Platteville Station WCR 30 and 49 in Weld County, Colorado dated November 15,2007, 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 4,2008 and expiring on January 4,2009,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
WA I OF,Philadelphia,h PA 19106
The Principal at: (uI}D.C`jrA.E. S`t."1.6,100tA,4 ,Ok?N.(3(0
The Obligee at:
SIGNED,SEALED AND DATED this 4th day of January,2008.
Principal: SemC L.
By:
Pres;denf
Surety: q/W/ESSTC�WESTCHESTER FIRE INSURANCE COMPANY
By: /1041;(is't-C— ,Attorney-In-Fact
rev.08/06 Diane Kern
AiiiiiiSIF
f • •
•
Power of • • •
• WESTCIfESTER FIRE INSURANCE COMPA•NY' 1233990
Atto•rney �„V
1'35753
Know allfa men by these preSents: That WESTCHESTER FIRE INSURANCE COMPANY,a eorperalion of the State of New York,having its
principal office inithe City of Atlanta,Georgia`,pursuant to!fne follnwmg•Resolution,adopted by the Board of Directors of the said Company onDecember I P,200.6,to
RESOLVED;that the folfawmg aupibn22tions relate to lheerecutson for and on behar or the Company,of bonds enderrakings,recognisanees contracts andother wiittencommiiuenia of the Cosnpapy enittod into;':
the nrdinuy course ofbuvaess(eacha Wnoen Commitment)
(1) Each niche Chatiman theprese ant and the Vice Presidents of the Cuanpany,hereby authorized to execute soy Wntteh Commrtmaatt far and 0n behalf of the Company,mine the seal of the Company tit otherwise
(;7. Eachfduly appointed attomcyso act ofkhe Company ie heresy authotiicd io executeuoy Written Comrmmnenf for and oabehalf oftheCompany under the seal ofihe•Company or otherwise to the extent that such
action is authorized'bit iheitant of powers provided for in such persons wrigeoappoiniment as such attomry-in face
(3)" - Each oftheChainamt,thePi.O.dent andtlie-YicePreidentsofthetompairyis herebyauifionzed,toeandpa behalf oftha:Company,oeppom4a wosiiagany pmaon t.hp tt may ern-fact of the Conspapy with fait powe
end authority so:eio ute for and.*behalf otthe Company,under the Seal oldie Company Or otherwise,stich Written Commitmes of We Company.as may bespecifed mauch written appointment which spectacat oni,
m�be by general typeoi claispf Wntteh Coprmiiments on by specification ofoneor more particular Written Cominttmenis -.
(4) Each of the Chatrmen,ihe President end Vice Presidents oftlic Company is hereby authorised,fm apd on behalf of the Company;ao delegatem:writing la any other officer of the Company the authority to execute for
and en behalf of the Company,uideribe Company'a;oral or o5servasc,such Weitter;Gominiimenisef the Cpmpuany snare specified ie suet,written delegation,which specification may be by general type or.elasOf
Written Cammameots ar by spegifteabon al one or snare particular Written Cotnminoents.
(5) `,; The signature of any o@eer Or other person executing any Wmtea Cananatmrnt or appointment ordelegattun pursuant tei this-Rnsotunon slid theseel of the Company,maybe affixed by facsimile on such Written
Otlrnmitment or written appoimmebt or delegation. "" • -'
FURTHER RP$OLVED that the foregoing Rewlutiun shall not bedeemed to bean exclusive statement of ihe'powers and nuathonty of officers employee,and other Persons to act fm:and on behalf of the Company aid:
such 8esolutian shall net Imst or otherwise affect the exeruse Of any such paWerpc autlttirity otherwise validly geanled or vested.'.
FURTHER RESOLVED,thatthe Resolution of the 8nardtf Director&of tht Cmnpany adopted al{hemeeting held nn November 1999 rehoag it,the suthortzalion ofcetin peraonstn execute for and rut behalf of
the Company,Written Coromiaments and appoiaimentsend delegatone,s hereby racinded
Does hereby nominate,eangtitt$e and appoint JANET JENKINS,STUART
A .F DESELMS,DIANE KERN,f3RIGEITB BURGESS.WILLIAM A.GRANT,III,JEFFREY',
W.HOLMES`and CATHY HEI :1GER all Of the City of Tulsa,State of Oklahoma,eachrindividually if there beanare'than oneinauned,its true and:lawful •
attorney-m-fact,to make,execute,seal and deliver en its behalf,and as ltdlact and deed any and all bonds,undertakings,Tecpgnizances,contracts_and other
writings in the nature thereof id penalties not exceeding Ten Million Dollars($I0,000,000}and the execution of such.writings in.pursuance of these
presents sha11 be as binding upori.sard Company,as fully and amply as tf they had been duty executed end aekoWledged by the regularly elected officers of-•
'the Company atus principal office
IN WITNESS WHEREOF,the said Stephen M.Harley,Vice President,has hereunto subscribed his name and affixed the corporate seal of the
said WESFCHSTEER FIRE INSURANCE COMPANY,this 13th day of November 2007.
.NkSp WESTCNESTER FIRE-INSURANCE COMPANY
)
1 J`GR^MC' G4�
Stephen M.Haney,Vine President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPH1A ss ' -'
On this 13tlday of November;:"/YD,itiOrff before me;a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia
came Stephen M:.Haney,Vice-President ofthe{WESTCRESTERxIRE INSURANCE COMPANY he>me personally known to be the individual,and
officer who executed the preoeding instrument;,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is Abe
corporate seal of said Company;_that the said ecrpomte seal aid his signature weredulyaffrxedby the authority:and direction of the said corporation,and
that Resolution,adapted by the Board of Directors of said Coebcpany,referred to in the-preceding instrument is now in force
IN TESTIMONY WHEREOF;:l have hereunto set any band and affixed my official seal at the City of Philadelphia the day and year Rim above written.'
Cp1Y�ry rAI.ThOE NEJiibMY4VANlk
tcaua NOTARIALSE;AL
N E.BRANDTe MIBl. Pu6: .
y) yf�fdfeSeipbia PhEtl CAurd� � . l.�tslr�rGl
d�hM 4 'JS. lu1�f COrtlli +n F. pites S5p:embef L{i tQ
"" _ hY(ilNy P11�10
1,the undersigned Assistant Secretary of W ESTCHESTER FIRE'.INSURANCE COMPANY,da hereby certify•that the':original POWER OF
ATTORNEY,of which the foregoing is a substantially true and correct Copy,rs in full force and effect.
In Witness whereat,I have hereunta.subscribed my-name as Assistant Secretary,and affixed the corporate seal of the Corporation,Ihrs;4th dray
,tf tliinuaTy r" 2006. '.
•
gHyQ�B,r6 „?y
c '^� - William L Kelly,Assistant Secretary
o -"THIS POWER OF ATTORNEY.MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER November 13,2009
-%
• THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. •
- a
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 #K07110273 for SemCrude, LP
Ladies and Gentlemen:
This letter shall act as a reminder to you of your obligations to the Board of County Commissioners of
Weld County under the above-referenced Performance Bond.
As you are aware, on the 4th day of January, 2008, Westchester Fire Insurance Company issued a
Performance Bond on behalf of SemCrude, L.P., naming the Board of County Commissioners of Weld
County as beneficiary. The dollar amount of the Performance Bond was established at Three Hundred
One Thousand Two Hundred Eighty-nine and 73/100 ($301,289.73).
The terms of the Performance Bond required that it be maintained by your institution until the 4th 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, ��' ,,�f
M x"'""11
Donald D. Warden
Clerk to the Board
By: , g
Deputy Clerk. the Board
pc SemCrude, LP, c/o Russell Gurtler Jr. Family Trust and Dorthy Gurtler Trust
• •
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Sig9?ture
' item 4 if Restricted Delivery is desired. X // `) ' a Agent
el Print your name and address on the reverse `� W ❑Addressee
so that we can return the card to you. B. Received (Pdn Name) ,, C.7e livery
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this card to the back it the mailpiece, ,.ice.- � Yee^ �i C,/ 341
or on the front if space permits.
D. Is delivery address ifferent from item 1 ❑ es
1. Article Addressed to: If YES,enter delivery address below: O No
Na2.sfe}esfer irre eo i it einee
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3. Service Type
Phr/a()C // t/p `/ //4 /9/9 Ciidi fled Mal ❑Express Mall
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❑Insured Mail O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number
(Transfer from service label) 7005 1820 0003 5225 2079
(Trans _. .. .__._....—__.
PS Form 3811, February 2004 Domestic Retum Receipt 102595.02.1-1540
•
&0O4'- (94/(2;
AZ /9ie?
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
I FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
I
COLORADO
November 10, 2009
Westchester Fire Insurance Company
436 Walnut Street WA1 OF
Philadelphia, Pennsylvania 19106
RE: Performance Bond #K07110273 for SemCrude, LP
Ladies and Gentlemen:
This letter shall act as a reminder to you of your obligations to the Board of County Commissioners of
Weld County under the above-referenced Performance Bond.
As you are aware, on the 4th day of January, 2008, Westchester Fire Insurance Company issued a
Performance Bond on behalf of SemCrude, L.P., naming the Board of County Commissioners of Weld
County as beneficiary. The dollar amount of the Performance Bond was established at Three Hundred
One Thousand Two Hundred Eighty-Nine and 73/100 ($301,289.73).
The terms of the Performance Bond require that it be maintained by your institution until the 4th 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. In addition, the terms of the bond state that if the bond expires
prior to that date, you must replace it. Weld County has not received any notice of termination, and
therefore expect that the bond remains effective for an additional year, until January 4, 2010.
If you have any questions regarding this letter or your obligations under the Performance Bond, or if you
disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000,
ext. 4227.
Very truly yours,MA/Li
Donald D. Warden
Clerk to the Board
By: /C. _ , X517 ; >Li
Deputy Cleri' to the Board
pc SemCrude, LP, do Russell Gurtler Jr. Family Trust and Dorthy Gurtler Trust
Lynnisa Dunn
Land Services Admin Assistant
Tel:405.692.5142
* SemCrude
Fax:405.691.5192
E-Mail: Idunn@semoroupcorp.com
December 14, 2009
Via Federal Express
Clerk To The Board
915 Tenth Street
3rd Floor
Greeley, Colorado 80631
Attn: Donna Bechler
Re: Continuation Certificates
Bond No. K07110236 &
Bond No. K07110273
Dear Ms. Bechler:
Please find enclosed the two Executed Original Continuation Certificates for Bond No.
K07110273 and Bond No. K07110236.
Should you have any questions, please contact Allan Dye (Manager of Land Services) at
(405) 692-5153. Otherwise, thank you for your continued cooperation in working with
SemCrude, L.P. ct d y e s e m1c rou pe or/J, Coal
Best egards,
sa iDunn or Allan ye�
Admin Assistant
LD/Enclosures
Cc: Allan Dye
SemCrude, L.P., a Member of SemGroup, L.F.
good'-O9 2
CONTINUATION CERTIFICATE
dtkli
THE Westchester Fire Insurance Company (hereinafter the Surety) hereby continues in
force its Bond No. K07110273 in the sum of Three Hundred One Thousand Two Hundred
Eighty Nine Dollars and 73/100 ($301,289.73), on behalf of SemCrude, L.P. in favor of County
of Weld, State of Colorado for the (extended) term beginning on the 4th day of January, 2009
and ending on the 4th day of January, 2010 subject to all the covenants and conditions of said
bond.
This Continuation is executed upon the express condition that the Company's liability
shall not be cumulative and shall be limited at all times by the amount of the penalty stated in
the bond.
IN WITNESS WHEREOF, the Company has caused this instrument to be signed by its
duly authorized Attorney-in-fact and its corporate seal to be hereto affixed this 5th day of
January, 2009.
SemCrude, L.P. Westchester Fire Insurance Company
Principal Surety
--ter
By: Pesib. on . • "
ane Jenkins, Att rney-In-Fact
Vice President Of Operations
Power of WESTCH,ES fER FIRE INSURANCE COMPANY 1287545
Attorney
135753
Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the State of New York,having its
principal office in the City of Atlanta,Georgia,pursuant to the following Resolution,adopted by the Board of Directors of the said Company o S.December 11,2006,to
wit:
"RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company of bonds,undenarngs,recognizance',contracts and other written commitments of the Company entered into
the ordinary course of business(each a Written Commtnaeur)
(1) Each of the Chairman the President and device Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise
(2) Each duly appointed attorney-in-fact of The Companyishereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or Otherwise to the extent that such
action is authorized by the grant of powers provided for in inch patrons written appointment as such anarmeyu 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 appoint in writing any person the ano ey-m-fact of the Company with full power
and authority to execute,for and_.on behalf of the Company,mode the seal of the Company:or otherwise,such Written Connnimtenis of the Company as may be specified in such written appointment which specification..
may be by ganef type or class of Written Commitment:of by specification of one or more particular WrtenlCommtimenis
(4) Each of the Chairman,the President and Vice Presidents of the Company is herebyauthorired,for and on behalf of the Company to delegate in writing to any other officer of the Company the authority to execute,for
and on behalf of the Company.wider the Company'aseal or otherwise,such Written Commitments of the Coropmny as are specified in such Written delegation,which specification may be by general type or class of
Written Comei unenis or by specification of one or enorepanuvlar Written Commitments
(5) The signature of any officer of other person executing any Wmten Commitment or appoinwaie or delegation pursuant o this Resolution,and the seal of the Company,may be affixed by facsimile Oa such Written
Commitment or written appointment or delegation"
FURTHER RESOLVED,that the foregoing Resolution shall not be dinned to be an exclusive statement of the powers and authority of officers,employees and other persona tO act for and on behalf of the Company,and
such Itbsolution shall not limit or otherwise effect the dernse of any:such power or authority otherwise validly granted or vested.-
'FURTHER RESOLVED that the Resolution of the Boadof Dnecmrs of the Company adopted m themeeting held on November 8,1999 relating to the authorization of cenatn persons 10 execute for and on behalf of
the Company,Wneten Commitments and pppopiuneots end delegations,is hereby rescinded.
Does hereby nominate,constitute and appoint JANET JENKINS,STUART F.DESELMS,DIANE KERN,BRIGEI t:h.BURGESS,WILLIAM A GRANT,Ill,JEFFREY
W.HOLMES and CATHY HEILIGER all of the City of Tulsa,State of Oklahoma,each individually if there be more than one named,its true and lawful
athimey m-fact,to make,execute,seal and deliveron its behalf,and as its act and deed any and all bonds,undertakings,recognizanees,contracts and other
writings in the nature thereof in penalties not exceeding Ten Million Dollars($10,000,000)and the execution of such writings In pursuance of these
presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and ackowledged by the regularly elected officers of
the Company at its`principal office
IN WITNESS WHEREOF,the said Stephen M.Haney,Vice President,has hereuntr subscribed his name and affixed the corporate seal of the
said:WESTCHESTER FIRE INSURANCE COMPANY this 2nd day of January 2009:.
'142 WESTCHESTER FIRE INSURANCE COMPANY
1 SG GO',
�" � Stephen M.Haney,Vice President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA " ss '
On this 2nd day of January.„A.A.2009,;before ore,a Notary Public of the Commonwealth of Permsylvama m and for the County of Philadelphia
came Stephen M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and
officer who executed theprecedu g instrument,and he acknowledged that he executed the same,and that the seal affixed to the pfeoedmg instrument is the
corporate seal of said Company;that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and
Mat Resolution,adopted by the Board of Directors of said Company,referred to in the preceding instrument,is now in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
coscNY*A4?M Q►PFJ� 4$YLYANIA
�u NOTARIAL SEAL
lRAREN E.8RAN07,Nordic Puh1e
y 3 % x *One:ldpfa Phia Count, false . dear
Q. l j7 Ctonlitsion Expires September 2f-1010 —
Notary Public
I,the undersigned Assistant Secretary.of 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
In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this-:.!th day
of d nl'..iary 7(1179 .
g '\dbo dr! William L Kelly,Assistant Secretary
ri '+,RABCV
THIS POWER OF ATTORNEY MAY NOTRE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER January 2,2011
THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. IN
Donna Bechler
From: Donna Bechler
Sent: Tuesday, December 15, 2009 10:36 AM
To: 'adye@semgroupcorp.com'
Cc: Richard Hastings; Kim Ogle
Subject: Collateral for Bonds
Allan,
Per our phone conversation this morning, I spoke to the Departments of Planning Services, and Public Works, and Bond
#K07110236 from Westchester Fire Insurance Company can be reduced from $180,000.00 to$27,000.00 to cover the
fifteen percent (15%)for a one-year warranty period,ending 01/03/2011.
The second bond #K07110273 for$301,289.73 will need to be extended or replaced for an additional year, ending
01/04/2011.
Thank you for confirming that you will be replacing these bonds as soon as possible. And thank you for sending the
original continuation certificates beginning January 3 and 4, 2009, through January 3 and 4, 2010.
Sincerely,
Donna Bechler
Deputy Clerk to the Board
Weld County Government
SURETY RIDER
To be attached to and form a part of
Bond No: K07110273
Type of Annual Performance Bond-On-Site Improvements-Platteville Stations WCR 30 and 49 in Weld County,Colorado
Bond:
dated January 3,2008
effective (MONTH-DAY-YEAR)
executed by SemCrude,L.P. ,as Principal,
(PRINCIPAL)
and by Westchester Fire Insurance Company ,as Surety,
in favor of County of Weld,State of Colorado
(OBLIGEE)
in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing
Extending the term of the bond through January 4,2011
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:
(PRINCIPAL)
Westchester Fire Insurance Company
(SURETY)
By:
(ATTORNEY-IN-FA Bridget S Jackson
5-0443/GE 7/04
XDP
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a THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES � THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. �
Donna Bechler
From: Bambule, Kyle F [Kyle.Bambule@acegroup.com]
Sent: Monday, December 28, 2009 11:14 AM
To: Donna Bechler
Subject: RE: Surety bond K07110273 for SemCrude, LP
No problem. Have a good New Years.
Kyle F. Bambule
Ace USA
525 West Monroe St.
Suite 500
Chicago IL 60661
Phone: 3 12-775-3935
Fax: 312-775-3141
Cell: 312-925-0626
From: Donna Bechler [mailto:dbechler@co.weld.co.us]
Sent: Monday, December 28, 2009 12:11 PM
To: Bambule, Kyle F
Subject: RE: Surety bond K07110273 for SemCrude, LP
Thank you for your prompt attention to this matter, and for e-mailing the rider. We will add it to the coverage for
SemCrude, LP.
Sincerely,
Donna Bechler
From: Bambule, Kyle F [mailto:Kyle.Bambule@acegroup.com]
Sent: Wednesday, December 23, 2009 9:51 AM
To: Donna Bechler
Subject: FW: Surety bond K07110273 for SemCrude, LP
Donna,
I am told this bond will be extended per the attached rider so you should not worry about coverage being in place.
Kyle F. Bambule
Ace USA
525 West Monroe SI.
Suite 500
Chicago IL 60661
Phone: 312-775-3935
Fax: 312-775-3141
Cell: 312-925-0626
1
From Bambule, Kyle F
Sent: Tuesday, December 22, 2009 3:08 PM
To: 'dbechler@co.weld.co.us'
Subject: FW: Surety bond K07110273 for SemCrude, LP
Sorry, here is the attachment.
Kyle F. Bambule
Ace USA
525 West Monroe St.
Suite 500
Chicago IL 60661
Phone: 312-775-3935
Fax: 312-775-3141
Cell: 312-925-0626
From: Bambule, Kyle F
Sent: Tuesday, December 22, 2009 3:03 PM
To: 'dbechler@co.weld.co.us'
Subject: Surety bond K07110273 for SemCrude, LP
Donna,
Attached is the letter we received from your office. Per last paragraph of your letter this email is to inform you that we do
take exception with your interpretation of the bond form and our obligations therein stated.
The bond form renews annually and may be renewed at the surety's option by the issuance of a continuation certificate.
We have the option not to renew the bond. As stated under item 2 of the bond form "Neither nonrenewal by the Surety nor
failure of the Principal to provide the Obligee with a replacement bond shall constitute a default under this bond."
Best regards,
Kyle F. Bambule
Ace USA
525 West Monroe St.
Suite 500
Chicago IL 60661
Phone: 312-775-3935
Fax: 312-775-3141
Cell: 312-925-0626
This email is intended for the designated recipient(s) only, and may be confidential, non-public, proprietary,
protected by the attorney/client or other privilege. Unauthorized reading, distribution, copying or other use of
2
Donna Bechler
From: Stephanie Arries
Sent: Monday, December 28, 2009 9:30 AM
To: Donna Bechler
Cc: Kim Ogle
Subject: RE: Surety bond K07110273 for SemCrude, LP
Donna —
Looks like everything will be fine
Kim will talk to Rich and will present this to the Board.
Thanks!
From: Donna Bechler
Sent: Monday, December 28, 2009 8:36 AM
To: Stephanie Arries
Subject: FW: Surety bond K07110273 for SemCrude, LP
Stephanie,
I received this after the email I forwarded to you, so could you see if this is sufficient? Can I just print it off, or do they
need to send it to me?
Donna
From: Bambule, Kyle F [mailto:Kyle.Bambule@acegroup.com]
Sent: Wednesday, December 23, 2009 9:51 AM
To: Donna Bechler
Subject: FW: Surety bond K07110273 for SemCrude, LP
Donna,
I am told this bond will be extended per the attached rider so you should not worry about coverage being in place.
Kyle F. Bambule
Ace USA
525 West Monroe St.
Suite 500
Chicago IL 60661
Phone:312-775-3935
Fax: 312-775-3141
Cell: 312-925-0626
From: Bambule, Kyle F
Sent: Tuesday, December 22, 2009 3:08 PM
To: 'dbechler@co.weld.co.us'
Subject: FW: Surety bond K07110273 for SemCrude, LP
1
zs" ‘,\,\ CLERK TO THE BOARD
PHONE(970)336-7215, Ext.4225
FAX: (970)352-0242
P. O. BOX 758
GREELEY, COLORADO 60632
wipC.
COLORADO jo /P
June 26, 2009
Westchester Fire Insurance Company J 436 Walnut Street WA10F
Philadelphia, Pennsylvania 19106
RE: Performance Bond#K07110273 for SemCrude, LP
Ladies and Gentlemen:
This letter shall act as a reminder to you of your obligations to the Board of County Commissioners of
Weld County under the above-referenced Performance Bond.
As you are aware, on the 4th day of January, 2008, Westchester Fire Insurance Company issued a
Performance Bond on behalf of SemCrude, L.P., naming the Board of County Commissioners of Weld
County as beneficiary. The dollar amount of the Performance Bond was established at Three Hundred
One Thousand Two Hundred Eighty-nine and 73/100 ($301,289.73).
The terms of the Performance Bond required that it be maintained by your institution until the 4th 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,
/yt�'� q M
Donald D. Warden
Clerk to the Board
7
By: Il
Deputy Clerk' the Board
pc SemCrude, LP, c/o Russell Gurtler Jr. Family Trust and Dorthy Gurtler Trust
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Philadelphia, Pennsylvania 19106 'WlE /
RE: Performance Bond #K07110273 for SemCrude, LP
Ladies and Gentlemen:
This letter shall act as a reminder to you of your obligations to the Board of County Commissioners of
Weld County under the above-referenced Performance Bond.
As you are aware, on the 4th day of January, 2008, Westchester Fire Insurance Company issued a
Performance Bond on behalf of SemCrude, L.P., naming the Board of County Commissioners of Weld
County as beneficiary. The dollar amount of the Performance Bond was established at Three Hundred
One Thousand Two Hundred Eighty-Nine and 73/100 ($301,289.73).
The terms of the Performance Bond require that it be maintained by your institution until the 4th 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. In addition, the terms of the bond state that if the bond expires
prior to that date, you must replace it. Weld County has not received any notice of termination, and
therefore expect that the bond remains effective for an additional year, until January 4, 2010.
If you have any questions regarding this letter or your obligations under the Performance Bond, or if you
disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000,
ext. 4227.
Very truly yours,
g a
e/D5-Z;i). -5153
Donald D. Warden
Clerk to the Board
J By: /
Deputy Clerl'to the Board
pc SemCrude, LP, c/o Russell Gurtler Jr. Family Trust and Dorthy Gurtler Trust
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