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Home My WebLink About20241856.tiffRESOLUTION RE: APPROVE RELEASE OF CURRENTLY HELD COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL FOR SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0021 - RJM LAND COMPANY, LLC, C/O BNN WESTERN, LLC (FORMERLY C/O WHITING OIL AND GAS CORPORATION) WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated July 15, 2015, the Board approved the application of RJM Land Company, LLC, 13217 County Road 15, Sterling, Colorado 80751-9512, c/o Whiting Oil and Gas, 1700 Broadway, Suite 2300, Denver, Colorado 80290, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0021, for Mineral Resource Development Facilities, Oil and Gas Support and Service (non-commercial Class II Oilfield Waste Disposal Facility — saltwater injection facility) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Subdivision Exemption, SUBX15-0012; being part of the S1/2 of Section 19, Township 10 North, Range 57 West of the 6th P.M., Weld County, Colorado WHEREAS, on January 27, 2016, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and RJM Land Company, LLC, c/o Whiting Oil and Gas Corporation, with further terms and conditions being as stated in said agreement, and accepted collateral in the form of Performance Bond #RLB0016310, through RLI Insurance Company, 8 Greenway Plaza, Suite 400, Houston, Texas 77046, in the amount of $2,400.00, and WHEREAS, on April 5, 2020, the Board of County Commissioners of Weld County, Colorado, approved release of collateral in the form of Performance Bond #RLB0016310, through RLI Insurance Company, in the amount of $2,400.00 to Whiting Oil and Gas, reassigned the Improvements and Road Maintenance Agreement to the new owner, RJM Land Company, LLC, c/o BNN Western, LLC, and accepted collateral for improvements in the form of Performance Bond #SUR0060190, through Argonaut Insurance Company, P.O. Box 469011, San Antonio, Texas 78246, in the amount of $2,400.00, and cc%PL(Et/rwlvA/ /TrIAIKz/Mo/cG) 050.i /24 2024-1856 PL2356 RELEASE CURRENTLY HELD COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL - RJM LAND COMPANY, LLC, C/O BNN WESTERN, LLC (FORMERLY C/O WHITING OIL AND GAS CORPORATION) PAGE 2 WHEREAS, staff received a letter from the applicant, RJM Land Company, LLC, c/o BNN Western, LLC, requesting that the Board of County Commissioners consider releasing the currently held collateral, in the form of Performance Bond #SUR0060190, issued through Argonaut Insurance Company, in the amount of $2,400.00, and accepting replacement collateral in the amount of $2,400.00, procured in the form of Performance Bond SPA150464_031, issued by SiriusPoint America Insurance Company, 1 World Trade Center, 285 Fulton Street, 47th Floor, Suite 47J, New York, New York 10007. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that currently held collateral in the form of Performance Bond #SUR0060190, issued through Argonaut Insurance Company, P.O. Box 469011, San Antonio, TX 78246, in the amount of $2,400.00, be, and hereby is, released, and replacement collateral in the form of Performance Bond #SPA150464_031, issued through SiriusPoint America Insurance Company, in the amount of $2,400.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said currently held collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of July, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, ATTEST: je to•ok Weld County Clerk to the Board BY: Vl • UIJ A&ul t ICS APP Deputy Clerk to the Board unty A • ney Date of signature: Kevi . Ross, Chair erry L. B , Pro-Tem en1,4-1„ Mike Freeman CUSED tt K. James ri Saine 2024-1856 PL2356 /P4'fob BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Release Currently Held Collateral and Accept Replacement Collateral for: RJM Land Company, LLC Go BNN Western, LLC — USR15-0021 DEPARTMENT: Planning Services DATE: June 4, 2024 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, BNN Western, LLC, requesting that the Board of County Commissioners consider releasing the currently held collateral for USR15-0021 in the amount of $2,400.00 procured in for the form of Performance Bond No. SUR0060190 issued by Argonaut Insurance Company and accept replacement collateral in the amount of $2,400.00 procured in the form of Performance Bond No. SPA150464_031 issued by SiriusPoint America Insurance Company, a copy of which is hereto attached. Weld County Planning Services has reviewed the above mentioned signed original document and collateral requirements and recommends this release of collateral and acceptance of replacement collateral. Weld County Collateral List: RJM Land Company, LLC, c/o BNN Western, LLC (formerly c/o Whiting Oil and Gas Corporation) — USR15-0021 — PL2356 Improvements Agreement (PL2356 #2016-0407) Performance Bond #RLB0016310 Noncancellable — Renews Annually Automatically $2,400.00 - Released Performance Bond #RLBD016310 -Reso 08/05/20 - RAM__ .00 - Accepted Performance Bond #SUR0060190 — Reso 08/05/20 $2,400.00 - Reassigned Improvements and Road Maintenance Agreement to BNN Western, LLC — 08/05/20 — Contract ID #3951 What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. 3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the Regular Agenda. Consequences: • New development can pay their way for their impacts on the County Roadways, or the County will be required to cover the costs of the new development's impacts on the roadways. Impacts: • New development with high traffic volumes impacts the County Road systems and causes wear and tear more quickly than normal traffic volumes. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • New development will pay their proportional share of repairs and upgrades completed by the County and the County will not be required to have a share in any improvements required if new development meet any future traffic triggers. Recommendation: Option 2. The Departments of Planning Services is recommending approval of the release of collateral and acceptance of replacement collateral for USR15-0021, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Seine m� Ui Gl 0rnaA.Q 2024-1856 -1/$ PLZ3a(o Karla Ford From: Sent: To: Cc: Subject: Yes - I support - thanks! ** Sent from my iPhone ** Scott James Wednesday, June 5, 2024 12:48 PM Karla Ford Lori Saine Re: Please Reply - BOCC PA REVIEW - USR14-0087 — BNN Western Scott K. James Weld County Commissioner, District 2 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 970.336.7204 (Office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. On Jun 5, 2024, at 12:35 PM, Karla Ford <kford@weld.gov>wrote: Please advise if you support recommendation and to have department place on the agenda. Karla Ford, Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordRweldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <i mage002 . j pg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 theryl Hoffman From: Sent: To: Subject: Attachments: Jazmyn Trujillo Martinez Wednesday, June 5, 2024 8:20 AM Cheryl Hoffman; Dawn Anderson; Elizabeth Relford; Esther Gesick; Jessica Reid; Karla Ford; Nick Marquez; Ryan Sinatra BOCC PA REVIEW - USR15-0021 — BNN Western Signed PA & Collateral Replacement USR15-0021 BNN Western.pdf ATTACHED BOCC PA REVIEW Improvements Agreement: Release Currently Held Collateral and Accept Replacement Collateral Case/Applicant: USR15-0021 — RJM Land Company, LLC c/o BNN Western, LLC Please note: Regular Agenda Thanks Karla! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1402 North l7`h Avenue P.O. Box 758 Greeley, CO 80631 (970) 400-3711 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. RJM Land Company, LLC, c/o BNN Western, LLC (formerly c/o Whiting Oil and Gas Corporation) — USR15-0021 — PL2356 Improvements Agreement (PL2356 #2016-0407) Performance Bond #RLB0016310 N oncancellable - Renews Annually Automatically $2;400.00 apao --tang Released Performance Bond #RLB0016310 -Reso 08/05/20 - $2,400.00 Accepted Performance Bond #SUR0060190 — Reso 08/05/20 $2,400.00 Reassigned Improvements and Road Maintenance Agreement to BNN Western, LLC — 08/05/20 — Contract ID #3951 Ready Mixed Concrete Company — 1 MUSR20-02-1343 (PL1623, #2020-3870) Road Maintenance Agreement Approved 12/23/20 — Contract ID 4335 N O COLLATERAL AT THIS TIME Ready Mixed Concrete Company LLC — 2MJUSR21-02-1343 (PL1623, #2022-2997) Improvements and Road Maintenance Agreement Approved 10/26/22 — Contract ID 6394 N O COLLATERAL AT THIS TIME O Recreational Storage Solutions 2, LLC (PL2215, #2020-0264) 2MUSR17-13-0010 Improvements and Road Maintenance Agreement Contract ID 3326 — Approved 01/20/20 N O COLLATERAL AT THIS TIME Red Hawk Petroleum, LLC — 1041 WOGLA23-0010 (OG0003, #2023-2696) Road Maintenance Improvements Agreement Approved 9/18/2023 — Contract ID #7367 NO COLLATERAL AT THIS TIME Reilly, Christopher — 1 MUSR19-15-0024 (PL0049, #2020-0573) Improvements and Road Maintenance Agreement Approved 02/12/20 — Contract ID 3382 N O COLLATERAL AT THIS TIME Rimrock Energy Partners, LLC — USR18-0090 (See Coalbank Investment Partners, LLC) Roaring Fork Midstream — LAP19-0004 (PL2520, #2019-2486) Road Maintenance Agreement Contract ID 2787 — Approved 07/01/19 N O COLLATERAL AT THIS TIME Rocky Mountain Midstream, LLC (PL2547, #2019-0612) USR18-0007 Road Maintenance Agreement Contract ID 2425 — Approved 02/06/19 N O COLLATERAL AT THIS TIME 46 As of 05/28/2024 M:\COLLATERALLIST/COLLATERALDOC August 26, 2024 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 Argonaut Insurance Company Attn: Performance Bonds P.O. Box 469011 San Antonio, TX 78246 RE: Release Performance Bond #SUR0060190 - USR15-0021 — RJM Land Company, LLC, c/o BNN Western, LLC (formerly c/o Whiting Oil and Gas Corporation) Dear Sir: Enclosed please find the released Performance Bond #SUR0060190 and a copy of the Board of County Commissioner's Resolution, dated July 8, 2024, authorizing the release of this Performance Bond #SUR0060190 held as collateral in the amount of $2,400.00 for the above referenced case. If you have any questions, please contact me at (970) 400-4227, or email choffman@weld.gov. ry truly yours, Cheryl . Ho ` man Deputy Clerk to the Board Enclosure cc: BNN Western, LLC, 370 Van Gordon Street, Lakewood, CO 80228 Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services Chris Gathman and Max Nader, Department of Planning Services Clerk to the Board File PL2356 wo1V wag a. O .1 W al >01 zw U.1 w1 a. cc want 0ol� a z 1' ,CC cr l �1it cnWI w II1� 1 JO1 a 1 i 1 1 1 1 cc INII a a Cr Er a OM O a CO D N U- r -1 m a a r- R ru O U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com ". Certified Mail Fee FICIA A4 Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ [] Certified Mail Restricted Delivery $ o Adult Signature Required $ [] Adult Signature Restricted Delivery $ Postage Total Postage and Fees S S City, Ee/R/07 No. or Pd Box tate, ZIP T -- a PS Form 3800, April 2015 PSN 7530.02-000-9047 See Reverse for Instructions i I I • ■ Complete items I.2, and 3 ■ Print your name d address on the reverse so that we caner .urn the card to you. ■ Attach this Sard to the back of the mailpiece, or on th flront if space permits. Article r 'dressed to: 2A4x-raPi9PL//,,r)(7,02i4, 9590 9402 8258 3094 6629 62 Agent ❑ Addressee e offDelivery D. Is delivery address different from item 1? d Yes If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from service label) ?021 1'970 0000 9097 0480 PS Form 3811, July 2020 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ,Certified Mail® ❑ Certified Mail Restricted Delivery o Collect on Delivery El Collect on Delivery Restricted Delivery Insured Mail Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MailTM Registered Mail Restricted Delivery O Signature Confirmation TM Cl Signature Confirmation Restricted Delivery Domestic Return Receipt .4 Bond No. SUR0060190 PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO KNOW ALL PERSONS BY THESE PRESENTS, that BNN Western, LLC a corporation, organized under the laws of the State of Colorado, with its prin.'pal office located at 370 Van Gordon St., Lakewood, CO 8'-228, hereinafter called "Principal", and Argonaut Insurance C ---•an , hereinafter called "Surety" are held and firmly bound unto Board o County Commissiers of Weld County, Colorado, on behalf of Wel. County, Colorado, ereinafter called "Obligee" in the full and penal um of Two Thousand Fo Hundred and No/100 Dollars ($2,400.00), lawful oney of the United State • for the payment of which well and truly de, we bind ourselves, our eirs, administrators, successors and assig s, jointly and severally, firm by these presents. WHEREAS, the above -bound Principal has obtai -d or is about to obtain from the Obligee a land use permit, namely insert the specific permit and number - USR, SPR etc) USR15-0021 _nd pursuant to the requirements of said p- mit, has entered into an mprovements Agreement, dated December 14, 2015, with Obligee, and WHEREAS, The Improve -nts Agreement re..ires Principal to obtain a performance bond in an amoun equal to the tstal cost of the improvements for which Principal is responsible and nam' g Obligee as beneficiary, and WHEREAS, the value of mprov- ents for which Principal is responsible equals Two Thousan• F Hundred and No/100 Dollars, ($2,400.00), and NOW, THEREFORE, THE CONDITION Principal shall well, truly and its undertakings, covenants, t Improvements Agreement, and demands set forth in said a harmless Obilgee from all c of Principal's failure to Obligee all outlay and e default, then this obl 0 T ithfu ms, and Principal eement, and sh sts and damages w erform as agreed, an ense which Obligee may ation shall be null and S OBLIGATION IS SUCH, that if y perform its duties, and all of onditions as set forth in the hall satisfy all claims and 11 fully indemnify and save 'ch it may suffer by reason shall reimburse and repay incur in making good any id; PROVIDED FORT R, that if Principal shall de ault in any of its obligations set fo h in the Improvements Agreement, and thereafter fail to fully indemnif, and save harmless Obligee from all osts and damages which it may s fer by reason of said default, this ..ligation shall remain in full orce and effect; PROVIDED FU " HER, regardless of the number of years this Bond s in force, or the nu .er of continuation certificates issued, the liabi ty of the Surety shall not be cumulative in amounts from period to period and shall in no e -nt exceed the amount set forth above, or as amended by ider; COLLATERAL RELEASED NO LONGER REQUIRED by Board of Wild Count Commissioners date: `i e(, _ by' PROVIDED FURTHER, that Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvements Agreement to the work to be performed hereunder, shall in any way affect its obligations on this bond, and es hereby waive notice of any such change, extension of time, alterat on or addition to the terms of the Improvements Agreement, PROVIDED FURTHER, this bond is NONCANCELLABLE, and shal renew annual automatically, from the date of this bond until its r ease by Obligee, to guarantee that Principal shall well, truly and aithfully perform i.s duties, and all of the undertakings, covenants, terms, and conditions et forth in the Improvements Agreement, and a extensions thereof whic may be granted by Obligee with or without no ce to Surety. The parties t. this Performance Bond acknowledge at through the Improvements Agreement, Obligee reserves the right t. require Principal to obtain a different Performance Bond from a financ'-1 institution other than Surety in the -vent that the rating of Surety • AM Best falls below a B+ rating. IN WITNESS WHEREOF, thi instrument is executein four (4) counterparts, each one of which shall b deemed an original, this 26th day of May, 2020. Pri cipal Sec eta y/Wi Hess (SEAL) 11y , Witness as Surety, Ma /% 0. niga 10100 Katy Freeway, Sui e 400 Address Houston, TX 77043 Address By: By: t- n, LLC eCh Argo._ut Insuran - Company Covingt. orney-in-Fact P Pi Gene ceuvvsel Add San nio, TX 78246 Address IMPORTANT: Surety company executing bond must appear on the \ reasury Departme 's most current list (Circular 570 as amended) and authori ed to transact business in the State of Colorado. Bond ust be accompanied with Attorney -in Fact's authority from sur ty company certified to include the date of the bond. Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN : THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under a laws of the of Illinois and having . principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Marc W. Boots, Richard Covington, Vickie Lacy, Maria D. Zuni., Joseph R. Aulbert, Ashley ' e , Rvati'Varela Their true and lawful agent(s) and ttomey(s)-in-fact, each in their separate capacity if more than one is named a and on its behalf as surety, and as its <ct and deed any and all bonds, contracts, agreements of indemnity and of however, that the penal sum of any on uch instrument executed hereunder shall not exceed the sum of: 085,000,000.00 This Power of Attorney is granted and is sig d and sealed under and by the authority of the follow' R ° adopted by the oard of Directors of Argonaut Insurance Company: St ecute, sea . nd deliver for gs in suretys', p provided, "RESOLVED, That the President, Senior Vice Pres .ent, Vice President, Assistant Vice Pre"'. Secretary, Treasurer aneach of them hereby is authorized to execute powers of attorney, and such au ority can be executed by use off . 'le s t afore, which may .: attested or acknowledged by any officer or attorney, of the Company, qualifying the alto ey or attorneys named in the ghv of attorney, to exec a in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all .. nd undertakings and contracts suretyship, and to affix . e corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has -aused its offici authorized officer on the 8th day of May, 2017. STATE OF TEXAS COUNTY OF HARRIS SS: to be hereunto affixed and li.;`-'z,V.Z,11;.;"... SE, ese presents to be signed by its duly Argonaut Insurance Company • by. Joshua C. Betz , Senior Vice President On this 8th day of May, 2017 A.D., bef: otary Public of the State of Tex. in . d for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER Od• , ;,.' , to me personally known to a the inch 'dual and officer described in, and who executed the preceding instrument, and he ac . . ged the execution of same, and being . me duly swo deposed and said that he is the officer of the said Company aforesaid, and t the se.`<, foxed to the preceding instrument is n Corporate Seal o aid Company, and the said Corporate Seal and his signature as officer we uly' t rxed d subscribed to the said instrume .y the authority and cf lion of the said corporation, and that Resolution adopted by the Board o : irec . _ of said Company, referred to in the p ceding instrument is now in . rcc. IN TESTIMON OF, I have hereunto set my hand, and a " xed my Official Seal at the County of . ams, the day and year first above written. (Notary Public) I, the undersigned Officer of the Argonaut sumnce Company, Illinois Corporation, do hereby certify that the original POWER 8 F ATTORNEY of which the foregoing is a full, tme and correct co is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have h= .to set my hand, and affixed the Seal of said Company, on the 26th day of May 2020 James Bluzard , Vice President -Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY ARE IN BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400. August 26, 2024 CLERK TO THE BOARD PHONE (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. 0 BOX 758 GREELEY, CO 80632 BNN Western, LLC 370 Van Gordon Street Lakewood, CO 80228 RE: Release of Performance Bond#SUR0060190 - USR15-0021 — RJM Land Company, LLC c/o BNN Western, LLC Dear Sir: Enclosed please find copies of the letter to the insurance company and the released Performance Bond #SUR0060190 and a copy of the Board of County Commissioner's Resolution, dated July 8, 2024, authorizing the release of the Performance Bond in the amount of $2,400.00 for USR15-0021. If you have any questions, please contact me at (970) 400-4227, or email me at choffman@weldgov.com. dry truly yours, Cheryl W Hoffman Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services Chris Gathman, Department of Planning Services Clerk to the Board File PL2356 This bond repl,Bond No. su o ,< saw @«� 64_03, PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS _ mm COUNTY, COLORADO KNOW ALL PERSONS BY THESE PRESENTS, r«> »RASS WATER «,em. WHEREAS, :m «>aR « wcae s atull default «s v, The Im,ro,Tements ,,reerTant to obtain: »:m m« e «« aawr e«a OF THIS weave :S SUCH, that v faithfully wx,m e9 «a« rha amount ',,,«O FURTHER, s« »w 9, a« ail a»bond a «�&© . v:..s �a: r « e\ bond « truly The parties to this Performance Bond acknowledge that through the Improvements Agreement, Obligee reserves the right to require Principal to obtain a different Performance Bond from a financial institution other than Surety in the event that the rating of Surety by AM Best falls below a B+ rating. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 17th day of Mny, 2024. TALLGRASS WATER WESTERN, LLC Principal Pri�A �o ip, 1' J�jeOretary/Witness FN.vvwb W r`I'�G (SEAL) cc/1.i.- 5M 0S0 ty Elizabeth B. Pendleton, Witness 595 E. Swedesford Road, Suite 350 Address Weyne, PA 19087 Address By: Title milL6 OteL hie Oce. SIRIUSPOINT AMERICA INSURANCE COMPANY JDoS000llo, Attorney -in -Fact 1 World Trada Center, 285 Fulton Street 47th Floor, Suite 47J Address New York, NY 10007 Address IMPORTANT: Surety company executing bond must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. Bond must be accompanied with Attorney -in Fact's authority from the surety company certified to include the date of the bond. RAPPEN01 0323 POWER OF ATTORNEY SIRIUSPOINT AMERICA INSURANCE COMPANY NEW YORK K1i011'AI.1. lIGV RYTHESE PRESE:\T5: TMrSiriusPablAmariw lnrvrvnsc Company,a New York alPonlion, haviv ih principalaR in Ose Clly of New Yak, pnmuant so th. fallmving Rmohnlan, which wss adopted by Ne Doard ofDir«roa ofsM Company, b wit: ' RESUI,YEO, thx he PraiMu, SrniorVttt PNsidmt, Chief Fisuxial Omca, Sarrtury or AasiawN SecrtHry is hereby aNhorized to aaNe Powers of Auamey appelnsing a apamaYs-Iwhcl skated mnpbYers ofcenain furaY companies who shell have IMpaver fa and on beMlfeOM Compwy « a«we and amn the seal of tM Company so surcy mmraess m ao-wray, Doc[ hxehY romhtase, wsnimm aril appoint: i5Z D. Ro«nbarg, David C. Rounberg, Manhaw 1. Rosabxg, Harry C. Aounbarg, Nxry G Rwenbag, David A, Johnson, Drvid A Nigh, Denise hl Bnsw, Sephenie S, Helmig. Jamm M. Dixiullo, John M WeYoa, Melisea 1 Hnd<, Elisabeth P Cecvini, IeeWhan F Black, Julia R Burnet, strum.m exauted M SSO000,D00 s'yle 6ork limit y -lent I, tomak4eaente,rcNaMdel'vx(orandonhsMMl(,andailsaelenddea;arsyandallenrds,cantnas,agasmudsof s.:bwNryshipD'f0i fNPIlyObadswithoutsfredpmalryorBmne;alg7,5hoods)aek tobind theCompny sltae lent a if same wwe siytM by tM duly aushorisxd omcea rsf be Conepaay, provided, however, tbx Ilrc penal awn of arty are sash tausda mall net aced she sum o0 All ass of said aneneyain-fat purwent b On .whodtix Isaein given a« hereby ra'fied end canfirmad. ine aeartiv< eft art listed ahme in dte R.solulion may fmm hrtr b lime and as any rime rameve any such appointee end «vokesM power given ro him or her. the evaulion of arch bonds x uMenekktgs k pursuance of these peaxa, w'shin ore yex ofbe due of iuue aFrheas p«sexss, rhW be binding upon srid CempanY, m Wily aMamply, a dl intense andpurpoxs, as i[thry had b«e drds uecwed ark xkmwlW gN6Y sM rcguhrfy elaMdamean ofehe CumpmY as iu elf in New Vork,Ne+v Yak, in lhdrownpmpw pnsen6 1N )YI r.WHEREOF,Ugfiaint Mtx'ceImu«nca ConWanyhencwaee'uemporxeswbMI'''soama.d,and mesepraaus to be Signed by its S«eeury rhu s'lsisday of Augurs In Iheyex 202]. S4atsPtins AnMu uau�)� Srtrasaey Ralph !J Soh ofNmv Jersey ,ounry ofMonmaulh On this 17 ark gsulifier4 same M ark who genrcd the smear none Comps+ Stale ofNew JaYy Ceunsy of Moemwsh r, Mdism /. Ralph, Barclay, ofSiriw[bim Ameria Insurance Company, a New York nepaat'on, do hereby cen'"''tM a'sma and (ongoing u a full, hue w««t oapy olPosvx of Anamcy, i5 sill N face aM alters aM has not Been revokN ' August 202), before me, • Nmxy Ptdlle of the Sute of New lrn Ralph, S«rehry. ofSirieslbinl Amain bcunnca Coagany, p ma i V Imwment, and acknervledged tM aaugon of rk same, um, Id, and thn the sal emceed to me preaking immmtml x the �,. amxed and sgbxribW m tM said imlmmml 6y tM aaheriry and 6VY WHEREOF, I I«« Meumo set my hem' end aflLaed my offieid sal TNAEJA E LEWIS-SCOTT NOTARY PUBLIC STATE OF NEW JERSEY PLY C0RISSSI0N EMS SMCN maw71.2028 ccumsacet to tM cawY of Monmouth dul wnHMshe Indivi�ralaM o,,,,,=,,,....t modWy swpnt, deptn.dt end s:ithdw d canpeny, and m. said nrpo«le ml and',.. sf she aid Company, rcfared b in the prccadieg :irMY_ k-aer�s-- ai, wzS IN W ffNFSS WHF,RROF, ! have gxewb xl my Mn6 and armed the Yet of sae Company this 17th .or May. 2024 SEAL � � adoh arwnrenrrnt SiriusPolat America Inerrant Compeay Statutory Statement of Admitted Assorts. Liabilidm, sod Capital and Surplus As of December 31, 2023 mad 2022 (S in millions, except share amounts) 2023 2022 Admitted Assets Bonds, at amortized test Equity securities, at Fair value Cash, cash equivalents and shorKerm investments Other invested msets Receivable for securities Total cub and invented assets Insurance and reinsurance balances receivable Reinsurance recoverable on paid lasses Accrued interest and dividends receivable Funds held by ceding companies Defeo. tat asset Ocher assets Total admitted assets LiabiNties Lass end less adjustment expense reserves Unearned premiums Commissions payable, contingent commissiaos end other similar charges Contra liability for retroactive reinsurance ceded Current federal income tans payable Reinsurance peyeble on paid losses Funds held under reinsurance treaties Provision for reinsurance Coded reinsurance premium payable Other Liabilities Total liabilities Capital end Surplus Common p S es par value; 5,000 shun authorized, booed Gross pain and contributed surplus Segregated surplus Unassigned surplus Total capital and surplus Total liabilities, capital and sutplue S 1,127.2 S 902.1 112.6 96.5 29IA 151.6 170.2 172.9 1.8 6.2 1,703.3 1329.3 690.8 605.3 14.0 8.0 12.1 6.1 60.1 47.6 14.5 102 5.0 22.6 499.8S 2 02992 1,288.3 S 1,0622 451.7 459.8 (I.0) - (283.6) (3073) (0.1) 0.6 29.6 15.5 177.5 146.5 5.6 6.6 982 762 106.0 60.3 1,872.9 1.520.4 5.0 5.0 554.5 490.2 2.3 2.4 65.1 I1.1 626.9 508.7 S Y,4� SS 2.0292. The undersigned, being duly sworn, says, That he is the President of SiriusPoint America Insurance Company; that said Company is a corporation duly organized in the state of New York, and licensed and engaged in the State of New York and has duly complied with all of the requirements of the Nws of the said State applicable of the said Company and is duly quabfied to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress. And to the best of his knowledge and belief the above statement is a feN, trarst and correct state IA Paul Mihulka, President STATE OF NEBRASKA DOUGLAS COUNTY The foregoing instrument was acknowledged before me this al day of March, 2024 by Paul Mihulka. Notary Public Signature Cole. 1-oNod JeC Print Notary Public Name Notary Seal Contract Form Entity Information Entity Name" BNN WESTERN LLC Entity ID* @00048728 Contract Name * RELEASE CURRENT COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL USR1 5-0021 RJM LAND COMPANY LLC C/O BNN WESTERN LLC Contract Status CTB REVIEW O New Entity? Contract ID 8366 Contract Lead * JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez@weldgo v.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description * RELEASE CURRENT COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL USR1 5-0021 RJM LAND COMPANY LLC C/O BNN WESTERN LLC PROCURED IN THE FORM OF PERFORMANCE BOND NO. SPR1 50464_031 ISSUED BY SIRUSPOINT AMERICA INSURANCE COMPANY Contract Description 2 Contract Type * AGREEMENT Amount* $ 2,400.00 Renewable* NO Automatic Renewal Grant IGA Department PLANNING Department Email CM- Planning@weldgov.com Department Head Email CM-Planning- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Due Date Date* 06/15/2024 06/19/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 06/19/2025 Committed Delivery Date Renewal Date Expiration Date* 06/19/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel ELIZABETH RELFORD CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 06/13/2024 06/14/2024 06/14/2024 Final Approval BOCC Approved Tyler Ref # AG 070824 BOCC Signed Date Originator JTRUJILLOMARTINEZ N EZ BOCC Agenda Date 07/08/2024 Hello