HomeMy WebLinkAbout20242704.tiffRESOLUTION
RE: APPROVE CANCELLATION AND FULL RELEASE OF WARRANTY COLLATERAL
FOR IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS FOR ACCESS PERMIT,
AP21-00535 - CEDAR CREEK II, LLC / BP WIND ENERGY NORTH AMERICA, INC. /
CEDAR CREEK II WIND ENERGY, LLC
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 May 19, 2010, the Board approved the application of Cedar Creek II, LLC
/ BP Wind Energy North America, Inc. / Cedar Creek II Wind Energy, LLC, Attn: David Gonzalez,
700 Louisiana Street, 33rd Floor, Houston, Texas 77002, for Use by Special Review Permit,
USR-1723, for a Major Facility of a Public Utility (a wind energy facility with a generating capacity
up to 250.8 megawatts [MVV] along with a 230 -kilovolt [kV] electric transmission line, an
interconnection facility to tie into an existing 72 -mile transmission line, existing collector
transmission lines, up to five [5] permanent 80 -meter meteorological towers, one [1] substation,
an operations and maintenance building/facility, along with one [1] temporary batch plant and
construction facility) in the A (Agricultural) Zone District on the following described real estate, to
wit:
Wind Energy Facility:
Section 6, Township 10 North, Range 57 West; Sections 1, 2, 3, 4,
and 5, Township 10 North, Range 58 West; Sections 5, 6, 8, and
17, Township 11 North, Range 56 West; Sections 1, 2, 3, 5, 6, 7, 8,
9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30,
31, 32, and 33, Township 11 North, Range 57 West; Sections 3, 4,
10, 11, 12, 13, 14, 15, 16, 24, 25, 27, 34, and 36, Township 11
North, Range 58 West; Sections 28, 32, and 33, Township 12 North,
Range 56 West; and Sections 34 and 36, Township 12 North,
Range 57 West, of the 6th P.M., Weld County, Colorado
Transmission Line:
Sections 1, 2, 3, 4, 5, 7, 8, and 9, Township 10 North, Range 58
West; Sections 4, 9, 10, 11, and 12, Township 10 North, Range 59
West; Sections 5 and 6, Township 10 North, Range 59 West;
Section 2, Township 10 North, Range 60 West; Section 7,
Township 11 North, Range 57 West; Sections 12, 13, 24, 25, and
36, Township 11 North, Range 58 West; Sections 31 and 32,
Township 11 North, Range 59 West; and Sections 35 and 36,
Township 11 North, Range 60 West, of the 6th P.M., Weld County,
Colorado
4989871 Pages: 1 of 3
10/23/2024 10:25 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII INFJP L11P fitiMI I W kid "Ill
cc :PL(ERJMN/bA/2TK/,<9Jt4 )
1./30/4i
2024-2704
PL2059
CANCELLATION AND FULL RELEASE OF WARRANTY COLLATERAL (AP21-00535)
- CEDAR CREEK II, LLC / BP WIND ENERGY NORTH AMERICA, INC. / CEDAR CREEK II
WIND ENERGY, LLC
PAGE 2
WHEREAS, on October 20, 2021, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements and Road Maintenance 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 Cedar Creek II, LLC / BP Wind
Energy North America, Inc. / Cedar Creek II Wind Energy, LLC, with further terms and conditions
being as stated in said agreement, and accepted project collateral, in the form of two (2) bonds
representing total collateral required for off -site improvements in the amount of $3,000,000.00,
split evenly between the two funding parties, BP Wind Energy North America, Inc., in the form of
Performance Bond #285067599, in the amount of $1,500,000.00, and Cedar Creek II Wind
Energy, LLC, in the form of Performance Bond #285065197, in the amount of $1,500,000.00, both
issued by Liberty Mutual Insurance Company, 175 Berkeley Street, Boston,
Massachusetts 02116, and
WHEREAS, on December 28, 2022, the Board approved the request of Cedar Creek II,
LLC / BP Wind Energy North America, Inc. / Cedar Creek II Wind Energy, LLC, to release
eighty-five percent (85%) of the project collateral for the Improvements and Road Maintenance
Agreement for Access Permit, AP21-00535, in the amount of $2,550,000.00, and retain warranty
collateral in the amount of $450,000.00, held in the form of Performance Bond Rider #285067599,
issued by Liberty Mutual Insurance Company, for the duration of the warranty period, and
WHEREAS, on September 17, 2024, the Department of Planning Services received a
request from Cedar Creek II, LLC / BP Wind Energy North America, Inc. / Cedar Creek II Wind
Energy, LLC, to release the warranty collateral for the two (2) year warranty period that ended on
September 23, 2024, and staff from the Weld County Departments of Public Works and Planning
Services have conducted a visual inspection and recommend release of said collateral, and
WHEREAS, upon recommendation of staff, the Board deems it advisable to release said
collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the currently held warranty collateral, procured in the form of
Performance Bond Rider #285067599, drawn on Liberty Mutual Insurance Company, in the
amount of $450,000.00, be, and hereby is, canceled and released.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to return said collateral to the appropriate issuing party.
4989871 Pages: 2 of 3
10/23/2024 10:25 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII II II
2024-2704
PL2059
CANCELLATION AND FULL RELEASE OF WARRANTY COLLATERAL (AP21-00535)
- CEDAR CREEK II, LLC / BP WIND ENERGY NORTH AMERICA, INC. / CEDAR CREEK II
WIND ENERGY, LLC
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of October, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: G1 ,1
.44
Weld County Clerk to the Board
B: M.i,04AoIL
Deputy Clerk to the Board
Date of signature:
4989871 Pages: 3 of 3
10/23/2024 10:25 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
VIIIl.rl�R����I��'�III'hrJJ.Yrh�G��FI�h�'�I� Iai�M Yoh �I II
WELD COUN
2-- 0
Kevii '. Ross, Chair
Perry L.: j , Pro-Tem
EXCUSED
Mike Fre an
tt K. James
2024-2704
PL2059
November 19, 2024
CLERK TO THE BOARD
PHONE: (970)400-4225
FAX: (970) 336-7233
1150 O STREET
P. O. BOX 758
GREELEY, CO 80632
Cedar Creek II, LLC / BP Wind Energy North America, Inc. / Cedar Creek II Wind Energy, LLC
Attn: David Gonzalez
700 Louisiana Street, 33rd Floor
Houston, Texas 77002
RE: Release Performance Bond Rider #285067599 —
AP21-00535
Cedar Creek II, LLC / BP Wind Energy North America, Inc. / Cedar Creek II Wind
Energy, LLC
Hello,
Enclosed please find copies of the letter to the insurance company, released Performance
Bond Rider #285067599, and a copy of the Board of County Commissioner's Resolution, dated
October 14, 2024, authorizing the release of said Performance Bond Rider, held as warranty
collateral in the amount of $450,000.00 for the above referenced case.
If you have any questions, please contact me at (970) 400-4212, or email jreid@weld.gov.
Respectfully,
Jess Reid
Deputy Clerk to the Board
Enclosure
cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services
Max Nader, Department of Planning Services
Clerk to the Board File PL2059
November 19, 2024
Cedar Creek II, LLC / BP Wind Energy North
Attn: David Gonzalez
700 Louisiana Street, 33rd Floor
Houston, Texas 77002
RE: Release Performance Bond Rider#21
AP21-00535
Cedar Creek II, LLC / BP Wind Energ
Energy, LLC
Hello,
Enclosed please find copies of the lett
Bond Rider #285067599, and a copy of the
October 14, 2024, authorizing the release c
collateral in the amount of $450,000.00 for th
If you have any questions, please con
Respectfully,
caLL•01
Jess Reid
Deputy Clerk to the Board
Enclosure
cc: Dawn Anderson and Jazmyn Trujillo -Martinez,
Max Nader, Department of Planning Services
Clerk to the Board File PL2059
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November 19, 2024
CLERK TO THE BOARD
PHONE: (970)400-4225
FAX: (970) 336-7233
1150 O STREET
P. O. BOX 758
GREELEY, CO 80632
Liberty Mutual Insurance Company
175 Berkeley Street
Boston, Massachusetts 02116
RE: Release Performance Bond Rider #285067599 -
AP21-00535
Cedar Creek II, LLC / BP Wind Energy North America, Inc. / Cedar Creek II Wind
Energy, LLC
Hello,
Enclosed please find the released Performance Bond Rider #285067599 and a copy of
the Board of County Commissioner's Resolution, dated October 16, 2024, authorizing the release
of said Performance Bond Rider, held as warranty collateral in the amount of $450,000.00 for the
above referenced case.
If you have any questions, please contact me at (970) 400-4212, or email jreid@weld.gov.
Respectfully,
Jess Reid
Deputy Clerk to the Board
Enclosure
cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services
Max Nader, Department of Planning Services
Clerk to the Board File PL2059
a
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RIDER
To be attached to and form part of:
Bond Number
issued by the
on behalf of
285067599
LIBERTY MUTUAL INSURANCE COMPANY
BP WIND ENERGY NORTH AMERICA, INC.
(Principal)
and in favor of BOARD OF COUNTY COMMISSIONERS OF WELD OUNTY,
COLORADO
(Obligee)
Now therefore, it is agreed that in consideration of the premium ch. :ed, the attached bond shall
be amended as follows:
The principal name shall be amended:
FROM: BP WIND ENERGY NORTH • ; ERICA, INC.
TO: CEDAR CREEK II, LLC.
The bond amount shall be amend
FROM: $ 1,500,000.00
TO: $ 450,000.00
It is further understood and agreed t all other terms and conditions of this bond shall remain
unchanged.
This Rider is to be Effective is 23rd day of September, 2022.
Signed, Sealed & Dated is 25th day of October, 2022.
CEDAR CREEK I LC
(Principal)
By:
LIBER ► MUTUAL INSURANCE COMPANY
(Sure
andra M. Winsted, Attorney -in -Fact
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty
Mutual®
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8207154 - 285057
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of Ne ampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corpo . on duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and • ' • • int, Christina L.
Sandoval; Christopher T. Moser; Corinne Chapman; Diane M. O'Leary; James B. McTaggart; Jean Torres; Jennifer L. Jakaitis; Jessica B Dempse Judith A. Lucky-
Eftimov; Kristin L. Hannigan; Nicholas Kertesz; Roger Paraison; Samantha Chierici; Sandra M. Nowak; Sandra M. Winsted; Susan A. Welsh
all of the city of Chicago state of IL each individually if there be more than one named, its true . lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and • - r surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secreta the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the torporseals of the Companies have been affixed
thereto this 20th day of January , 2022
By:
State of PENNSYLVANIA
County of MONTGOMERY ss
On this 20th day of January , 2022 before me personally appeared David M. Carey, who nowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, ass , being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at ' g of Prussia, Pennsylvania, on the day and year first above written.
Liberty Mutual In ance Company
The Ohio Cas Insurance Company
West Ameri - . Insurance Company
Commonwealth of Pen 'vania - Notary Seal
Teresa Notary Public
Mon • ery County
My commis expires March 28, 2025
Comp ion number 112604
Member nsylvania Association of Notaries
By:
avid M. Carey, Assistant Secretary
ipiLi‘d Ltd&
erese Pastella. Notary Public eresa Pastella, Notary Public
This Power of Attorney is made and executed pursuant to and by au . rity of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which r . utions are now in full force and effect reading as follows:
ARTICLE N — OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorize • •r that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attorneys= act, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances an • r er surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by thei . gnature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed b ' e President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the
provisions of this article may be revoked at time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contras ection 5. Surety Bonds and Undertakings.
Any officer of the Company authoriz= • r that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fa • as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and othe .urety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature d execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president an - : ttested by the secretary.
Certificate of Designation — - President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary . ton behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By : nimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherev: appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force . effect as though manually affixed.
I, Renee C. -wellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby ce r' that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not en revoked. ( -"
IN T � - TIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day o `�v_ a-
; �
By:
Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIL Multi Co 02/21
Bond No. 285067599
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that (name)BP Wind Ener
North America, Inc., (address)201 Helios Way, Houston, TX 77079, a
(corporation, limited liability company, etc.) Corporation, orgiced
under the laws of the State of Delaware, with its principal . fice
located at (address) 201 Helios Way, Houston, TX 77079, her: nafter
called "Principal", and (name of surety)Liberty Mutual In rance
Company, of (address of surety)175 Berkeley Street, Bost. , MA 02116,
hereinafter called "Surety" are held and firmly bound to Board of
County Commissioners of Weld County, Colorado, on beh_ f of Weld
County, Colorado, hereinafter called "Obligee" in t full and penal
sum of One Million five hundred thousand and 00/10S --Dollars
($1,500,000.00), lawful money of the United State for the payment of
which well and truly made, we bind ourselves, o heirs,
administrators, successors and assigns, jointl and severally, firmly
by these presents.
WHEREAS, the above -bound Principal s obtained or is about to
obtain from the Obligee a land use permi , namely (insert the specific
permit and number - USR, SPR etc) AP21-'1535 , and pursuant to the
requirements of said permit, has ente d into an Improvements
Agreement, dated , with Obligee, and
WHEREAS, The Improvements A' Bement requires Principal to obtain
a performance bond in an amount qual to the total cost of the
improvements for which Principis responsible and naming Obligee as
beneficiary, and
WHEREAS, the value improvements for which Principal is
responsible equals One M'. lion five hundred thousand and 00/100 ---
Dollars, ($1,500,000.00 , and
WHEREAS, at coletion of the Project Collateral phase of the
Agreement, the amo t of this Bond shall be reduced, by rider, to 15%
of the original a'.unt throughout the Warranty Collateral phase of the
Bond, and shall held in total by the County for two (2) years
following its itten acceptance of the improvement(s).
NOW, THEREFE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal .hall well, truly and faithfully perform its duties, and all
of its u..ertakings, covenants, terms, and conditions as set forth in
the Imp ovements Agreement, and if Principal shall satisfy all claims
and d- ands set forth in said agreement, and shall fully indemnify and
save armless Obilgee from all costs and damages which it may suffer by
rea .n of Principal's failure to perform as agreed, and shall reimburse
an repay Obligee all outlay and expense which Obligee may incur in
king good any default, then this obligation shall be null and void;
PROVIDED FURTHER, that if Principal shall default in any of its
obligations set forth in the Improvements Agreement, and thereafter
fail to fully indemnify and save harmless Obilgee from all costs and
damages which it may suffer by reason of said default, this obligation
shall remain in full force and effect;
PROVIDED FURTHER, regardless of the number of years this Bond is in force, o
the number of continuation certificates issued, the liability of the Surety
shall not be cumulative in amounts from period to period and shall in no eve
exceed the amount set forth above, or as amended by rider;
PROVIDED FURTHER, that Surety, for value received hereby stipul es and
agrees that no change, extension of time, alteration or addit''n to the
terms of the Improvements Agreement to the work to be perfo ed
thereunder, shall in any way affect its obligations on thi bond, and
it does hereby waive notice of any such change, extensioof time,
alteration or addition to the terms of the Improvement greement.
PROVIDED FURTHER, this bond is NONCANCELLABLE and shall renew
annually automatically, from the date of this bonntil its release by
Obligee, to guarantee that Principal shall well, ruly and faithfully
perform its duties, and all of the undertakings covenants, terms, and
conditions set forth in the Improvements Agre= ent, and any extensions
thereof which may be granted by Obligee wit or without notice to
Surety.
The parties to this Performance Bond ac owledge that through the
Improvements Agreement, Obligee reserv- the right to require Principal
to obtain a different Performance Bo from a financial institution
other than Surety in the event that he rating of Surety by AM Best
falls below a B+ rating.
IN WITNESS WHEREOF, this instrunt is executed in four (4)
counterparts, each one of whic' shall be deemed an original, this 17th
day of September, 2021.
BP Win- energy North America, Inc.
VP etSZ 7 -/mss
Principal Secretary/ tness Title
(SEAL)
AON Risk olutio
ttorney-in-Fact
to Surety
Liber
By.
Mutual Insurance Company
ndra M. Winsted, Attorney -in -Fact
Randol.h Street 175 Berkeley Street
A.dres Address
Chi...o, Illinois 60601 Boston, MA 02116
Ad • ess
Address
IMPORTANT: Surety company executing bond must appear on the Treas
Department's most current list (Circular 570 as amended) and be author e
to transact business in the State of Colorado.
Bond must be accompanied with Attorney -in Fact's authority from e surety
company certified to include the date of the bond.
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
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liberty
Mutual®
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8205928-285057
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of Ne ampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corp on duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute an point, Christina L.
Sandoval; Diane M. O'Leary; James B. McTaggart; Jennifer L. Jakaitis; Jessica B. Dempsey; Judith A. Lucky-Eftimov; Kristin L. Hannigan; er Paraison; Samantha
Chierici; Sandra M. Nowak; Sandra M. Winsted; Susan A. Welsh
all of the city of Chicago state of IL each individually if there be more than one named, i e and lawful attomey-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizance d other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the tary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the rporate seals of the Companies have been affixed
thereto this 9th day of July , 2021 .
Y:
State of PENNSYLVANIA
County of MONTGOMERY ss
On this 9th day of July , 2021 before me personally appeared David M. Car , who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that h
therein contained by signing on behalf of the corporations by himself as a duly authorized offi .
Liberty al Insurance Company
The O Casualty Insurance Company
We merican Insurance Company
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial s
at
David M. Carey, Assistant Secretary
s such, being authorized so to do, execute the foregoing instrument for the purposes
King of Prussia, Pennsylvania, on the day and year first above written.
Commonwealth Pennsylvania - Notary Seal
Tare astella, Notary Public
ontgomery County
ssion expires March 28, 2025
mission number 1126044
Pennsylvania Association of Notaries
By:
TS,) Ltd&
erase ate. Notary Public eresa Pastella, Notary Public
This Power of Attorney is made and executed pursuant to and b thority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company whi resolutions are now in full force and effect reading as follows:
ARTICLE N — OFFICERS: Section 12. Power of Attome
Any officer or other official of the Corporation autho ' d for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attome -in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by th signature and execution of any such instruments and m attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the
provisions of this article may be revoked a y time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contras Section 5. Surety Bonds and Undertakings.
Any officer of the Company authoriz r that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys-in-fac s may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other rety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature a execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and ested by the secretary.
Certificate of Designation — President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By una ous consent of the Company's Board of Directors, the Company consents that facsimile or mechanicaly reproduced signature of any assistant secretary of the
Company, wherever a earing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and ect as though manually affixed.
I, Renee C. Lle n, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not bee yoked. �7
IN TESTI NY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ( day o 4 1 a- 4
By:
Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIL Multi Co 02/21
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item — Full Release of Warranty Collateral for:
Cedar Creek II, LLC — AP21-00535
DEPARTMENT: Planning Services DATE: September p 24, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue.
The Department of Planning Services received a request from Katherine Garland, representative
the Board of County Commissioners release the currently held warranty collateral for Cedar Ce of Cedar Creek II, LLC, requesting that
held in the form of a Bond Rider to Performance Bond #2x5067599, issued b i.rhert Mutual I Creek LLC, in the amount of $450,000.00
period has concluded, and no further collateral is required to be held y y ua nsurance Company The two-year warranty
Weld County Planning Services and Public Works Departments determired that a final inspection i
completed prior to the release to warranty,
p snot necessary as ell work was
What options exist for the Board? (include consequences, impacts, costs, etc. of options: :
g
1. Have this BOCC Hearing item be placed on the next available agenda asp )
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 rt .at of the Regular Agenda
g �c�ther hart of the Consent Agenda nor the Regular Agenda.
Weld County Collateral List:
Cedar Creek II, t. LC/BP Wind Energy North America, Inc /Cedar Creek II Wind Energy,
LLC -- AP21-00535 (P1.2059, #2021-2976) - Improvements and Road
Maintenance Agreement - Approved 10/20/21 - Contract ID 5285
Two (2) bonds representing total collateral required for off -site improvements.
In the amount of $3,000,000 00, split evenly between the two funding parties,
BP Wind Energy North America, Inc in the form of Performance Bond
#285067599 issued by Liberty Mutual Insurance Company, 175 Berkeley St,
Boston, Massachusetts 02.116 $1,500,000.00
And Cedar Creek II Wind Energy, LLC, in the form of Performance Bond
#285065197 issued by Liberty Mutual Insurance Company (Same address
as above) $1,500,000.00
TOTAL COLLATERAL $3,000,000.00
On 12/28/22, Contract ID 6553, #2022-3605. Performance Bond #285065197
was released to Jessica Gwen, AEP Renewables in full - $1,500,000.00
and Performance Bond #285067599 for BP was kept an safe with a
Rider #285067599 reducing the Bond to $450.000 00 - $1,050,000.00
Total Collateral - Warranty $ 450,000.00
Consequences;
• None - The work has been completed and passed the two-year warranty period.
Impacts:
• None - The work has been completed and passed the two-year warranty period,
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• There is no direct cost impact for the County if the Warranty Collateral is released
Recommendation
The Departments of Planning Services, Public Works, and the County Attorney's Office are recommen in
warranty collateral for Cedar Creek i1, LLC — AP21-00535; and that this item be placed on the next r d g approval of the full release of
as part of the Regular Agenda. regularly scheduled B0CC Hearing,
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Same
Support Recommendation Schedule
Place p5 BOCC Agenda Work Session
Other/Comments
2024-2704
PL an9
Jazmyn Trujillo Martinez
From:
Sent:
To:
Subject:
Garland, Katherine <Katherine.Garland@bp.corn>
Tuesday, September 17, 2024 5:19 AM
Jazmyn Trujillo Martinez
RE: CC2 Bond rider - AP21-00535
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
p
Hi Jazmyn! It has been a long time! Hope you are doing well!
I was writing because I: is almost the end of the 2 year warranty period for Cedar Creek 2 (AP21-00535). We have a
$450,000 bond in place for the RMA. I believe I need to schedule a final insp
ection in order to have the bonds
released. Is that correct?
Thanks,
Katherine
Katherine Garland, PE I bp Onshore Renewables Project Manager
201 Helios Way I Houston. TX 77079 g
Direct: +1 (832) 917-1226 j M: +1 (615) 428-5190
From: Jazmyn Trujillo Martinez <jtrujiliomartinez@weldgov,com>
Sent: Monday, December 5, 2022 1:09 PM
To: Garland, Katherine <Katherine.Garland@bp.com>
Subject: RE: CC2 Bond rider
I am hoping to get it on the BOCC Agenda on December 21St so it should be recorded an
d the original bonds returned at
the beginning of the new year.
Best,
Jazmyn Trujillo -Martinez
Development Review
Weld County Planning Services
1555 North 17th Avenue
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 r' p ivileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately ately notify sender by return
Jazmyn Trujillo Martinez
From:
Sent:
To:
Cc:
Subject:
Amy Mutchie
Wednesday, September 18, 2024 1:41 PM
Garland, Katherine
Giardina, Jing; Jazmyn Trujillo Martinez
RE: Close out of RMA Warranty Period for CC2
Hi Katherine,
Based on our inspection reports and confirmation from our Gravel roads division, an inspection will
p not be necessary. I
have included Jazmyn Trujillo -Martinez on this reply, and she will be able to assist you with the
collateral release.
Thank you,
Amy Mutchie
Permitting Coordinator
Weld County Public Works
(970) 400-3764
amutchi U_ yeldgov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
o the person
or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protec:ed from disclosure.
If you have received this communication in error, please immediately notify sender by return ; c sure.
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 � c gents
by anyone other than the named r ecipient is str icily prohibited
From: Garland, Katherine <Katherine.Garland@bp.corn>
Sent: Tuesday, September 17, 2024 5:22 AM
To: Amy Mutchie camutchie@weld.gov>
Cc: Giardina, Jing <jing.giardina@bp.com>
Subject: Close out of RMA Warranty Period for CC2
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
g
Hi Amy! I have notes in my calendar that next week marks the end of the 2 year warranty period on the RMA for the
Cedar Creek 2 Repower Pilot Project. I will be looking to have the $450,000 bond released but if I recall
correctly, I first
need to have a final inspection. Is that for you or someone else to do?
Appreciate your help with this!
Katherine
Katherine Garland, PE I bp Onshore Renewables Project Manager
201 Helios Way I Houston, TX 77079
Direct +1 (832) 917-1226 ' M: +1 (615) 428-5190
1
Hello