HomeMy WebLinkAbout20241112.tiffRESOLUTION
RE: APPROVE RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT
COLLATERAL FOR SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT, USR15-0059 - TALLGRASS TERMINALS, 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 January 20, 2016, the Weld County Board of Commissioners approved
the application of Tallgrass Terminals, LLC, 370 Van Gordon Street, Lakewood, Colorado 80228,
for a Site Specific Development Plan and Use by Special Review Permit, USR15-0059, for a
Mineral Resource Development Facility, including an Oil and Gas Storage Facility (crude oil tank
storage and truck unloading facility associated with the crude oil tanks) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RECX14-0059; being
part of the SW1/4 of Section 34, Township 8 North,
Range 59 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on June 29, 2016, pursuant to certain Conditions of Approval, the Board
accepted 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 Tallgrass Terminals, LLC, with further terms
and conditions being as stated in said agreement, to include collateral in the form of Performance
Bond #SUR0034443, issued by Argonaut Insurance Company, P.O. Box 469011, San Antonio,
Texas 78246, in the amount of $2,400.00, and
WHEREAS, staff from the Weld County Department of Planning Services received a letter
from Tallgrass Terminals, LLC, requesting that the Board of County Commissioners release the
currently held collateral for USR15-0059, in the amount of $2,400.00, procured in the form of
Performance Bond #SUR0034443, issued by Argonaut Insurance Company, and
WHEREAS, the Board has been presented with replacement collateral in the form of
Performance Bond #SPA150464_008, issued by SiriusPoint America Insurance Company,
1 World Trade Center, 285 Fulton Street, 47th Floor, Suite 47J, New York, New York 10007, in
the amount of $2,400.00, and
WHEREAS, after review, the Board deems it advisable to accept said Performance Bond
#SPA150464_008, as stated above, a copy of which is attached hereto and incorporated herein
by reference.
4060848 Pages: 1 of 2
09/16/2024 12:50 PM R F..:$0.00
Carly Kappa', Clark and Raoordar, Wald County , CO
•III I r rrr.Ii rI WIN HI' ROM ritirikiMi 11111
CC:PL(ER/MN/AA/ZTVN KR/NW)
05/22./2-9
2024-1112
PL2394
RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL (USR15-0059) -
TALLGRASS TERMINALS, LLC
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the currently held collateral for USR15-0059, in the amount of
$2,400.00, procured in the form of Performance Bond #SUR0034443, issued by Argonaut
Insurance Company, be released, and that replacement collateral in the form of Performance
Bond #SPA150464_008, issued by SiriusPoint America Insurance Company, 1 World Trade
Center, 285 Fulton Street, 47th Floor, Suite 47J, New York, New York 10007, 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 6th day of May, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Wei ;e1
Weld County Clerk to the Board
BY:
AP
eputy Clerk to the Board
County Attorney
Date of signature: O5 f(3/2-i
4880848 Pages: 2 of 2
08/18/2024 12:58 PM R Fee:00.00
Carly Koppu , Clark and R000rdar, Wald County , CO
VIII NU�.�14I��'Nti�'I I CI�YMf�� 1 �41'r IJ��I 11111
WELD COUNT
RA
60
Kevir Ross, Chair
erry L. Buc
Mike reeman
Lori Saine
ro-Tem
2024-1112
PL2394
r -
CLERK TO- THE —BOARD'''
.'PHONE (970)400-4227
,FAX -(970) 336-7233 -,
`= 1150 O STREET_,
rs Pr O BOX 758
GREELEY, CO 80632'
Rosenberg and Parker LLC
Attn Denise M= Bruno
595'E Swedesford Rd - Ste, 350 ,
Wayne PA 19087
RE Release'of Performance, Bond #SUR0034443 -
USR15-0059 — Tallgrass Terminals,-LLC '
Dear Ms, Bruno
Enclosed please find the rel'eased_Performance-Bond #SUR0034443 and ,a copy of the ,
` Board of -County Commissioner's Resolution, dated May 6, 2024, ,authorizing the release of this
,Performance Bond #SUR0034443 heldras collateral in the amount of$2,400 00 for USR15-0059
--,Tallgrass` Terminals, ' LLC The' replacement collateral,' in the' form of Performance Bond - '
' #SPA150464_008, issued -iby- Si'nusPoint ,America, Insurance Company, ,in'' the amount of t
_ $2,400 00 has been accepted " ' , ` ' - _ ,
_
If you have any questions,�"`please" contact me -at (970) 400-4.227, or ,email,
cyhoffrhan@weld gov_ -, „ �,
ytruly yours,
Cheryl L/ off an
Deputy; Clerk torthe
(Enclosure
cc = 'Dawn Anderson,'Jazmyn Trujillo -Martinez, Department of Planning Services
Elizabeth,Relford and Max Nader, Department of Planning Services
Clerk`to the Board File PL2394
U.S. Postal Service"'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com .
Certified Mail Fee
sst. 4.3/4
r. t A
F.! � E
Extra Services & Fees (check box, add fee as appropriate)
O Return Receipt (hardcopy) $
❑ Return Receipt (electronic)
O Certified Mall Restricted Delivery
❑ Adult Signature Required $
Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
23939
PS Form .800, April 2015 PSN 7530-02-000-9047
Postmark
Here
1/45frgovi
i
I
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and ‘3. -1‘
• Print your name and address on the reverse
so that we can return the card to you.
IN Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
tatt)Lte____,
St /it .6-5,ez-x-0
,595
-,49617e,PA 19o1 7
III MI IIII
COMPLETE THIS SECTION ON DELIVERY
A. Signature
X
) cJc_ ❑ Agent
v�1 O Addressee
III
III
9590 9402 8258 3094 6626 03
i
B. Received b rinted Name)
C trdi Wa4ctn
D. Is delivery address different from item 1? O Yes
If YES, enter delivery address below: ❑ No
C. Date of Delivery
2. Article Number (Transfer from service label)
?❑21 1970 0000 909? 0138
3. Service Type
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certified Mail®
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(over $500)
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Delivery
Signature ConfirmationtM
Signature Confirmation
Restricted Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053
Domestic Return Receipt
Bond No. SURO
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORAO
KNOW ALL PERSONS BY THESE PRESENTS, that Tallgrass Terminals, LLC
corporation, organized under the laws of the State of Delaware, with
i.s principal office located at 4200 West 115th St, Suite 350, Leawood
KS 66211, hereinafter called "Principal", and Argonaut Insurance
Company, hereinafter called "Surety" are held and firmly bound unto
Board •f County Commissioners of Weld County, Colorado, on behalf •.f
Weld Co .nty, Colorado, hereinafter called "Obligee" in the full _ d
penal suof Two Thousand Four Hundred and No/100 Dollars ($2,4'0.00),
lawful mon-y of the United States for the payment of which we and
truly made, we bind ourselves, our heirs, administrators, su•cessors
and assigns, .'ointly and severally, firmly by these present
WHEREAS, e above -bound Principal has obtained or is about to
obtain from the O ligee a land use permit, namely (ins t t the specific
permit and number USR, SPR etc) USR15-0059 and purs.-ant to the
requirements of sal. permit, has entered into an Im.. ovements
Agreement, dated A. t,1 ' 2oi 1 , with Obligee, and
WHEREAS, The Improvements Agreement requ
a performance bond in an .count equal to the t
improvements for which Principal is responsi
beneficiary, and
i'es Principal to obtain
tal cost of the
e and naming Obligee as
WHEREAS, the value of imp •vements for which Principal is
responsible equals Two Thousand •ur H dred and No/100 Dollars,
($2,400.00), and
NOW, THEREFORE, THE CONDITION OF T. S OBLIGATION IS SUCH, that if
Principal shall well, truly and f:ithf ly perform its duties, and all
of its undertakings, covenants, erms, a'd conditions as set forth in
the Improvements Agreement, an if Princi._1 shall satisfy all claims
and demands set forth in saiagreement, anshall fully indemnify and
save harmless Obilgee from 1 costs and dam es which it may suffer by
reason of Principal's fai re to perform as a• ' eed, and shall reimburse
and repay Obligee all our ay and expense which Q..ligee may incur in
making good any defaul , then this obligation sha 1 be null and void;
PROVIDED FURT R, that if Principal shall def It in any of its
obligations set foh in the Improvements Agreement, and thereafter
fail to fully indmnify and save harmless Obligee from .11 costs and
damages which i may suffer by reason of said default, tis obligation
shall remain i► full force and effect;
PROVIDED FU
force, or
of the S
and sh
by ri•-r;
.....� amount ...`�. forth u•
HER, regardless of the number of years this Bon
he number of continuation certificates issued, the
ety shall not be cumulative in amounts from period l
1 in no event exceed the amount set forth ahr-
is in
iabilitv
EQv`REp by Board
`ATERAL ANGER R
.LO N� commis • oners
of Weld Count
dates. pp,
41
by: e uti clot
op
o the
oard
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
thereunder, shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
teration or addition to the terms of the Improvements Agreement,
PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall rene
annua.ly automatically, from the date of this bond until its rele_ e by
Oblige__ to guarantee that Principal shall well, truly and faith'ully
perform .'ts duties, and all of the undertakings, covenants, to s, and
condition • set forth in the Improvements Agreement, and any e. tensions
t hereof whi h may be granted by Obligee with or without not e to
S urety.
The parties to his Performance Bond acknowledge that t1ough the
Improvements Agr-.-ment, Obligee reserves the right to equire Principal
t o obtain a differ nt Performance Bond from a financ ' .1 institution
other than Surety i the event that the rating of Surety by AM Best
falls below a B+ rati
g•
IN WITNESS WHEREOF, thi instrument is execute • in four (4)
counterparts, each one of which shall be deem: d an original, this 30th
day of March , 2016.
Principal Secretary/Witness
(SEAL)
Witness as Surety, Melan'e Hill
818 Town & Country Blv%, Ste 500
Address
Houston, TX 77024
Address
IMPORT
Depart
autho
i
Bo -d must be accompanied
rety company certified
By:
By:
Tallgrass Terminals, LLC
Principal
1/.9. rg jth4( IA3 DicavArreaw
Title
Argonaut Insurance Company
rd Covingto , Attorney -in -Fact
P.O. :•X 469011
Address
San Anton •, TX 78246
Address
by s
oaCd
Surety company executing bond must appear on �' �®
ent's most current list (Circular 570 as amp Qv,R
zed to transact business in the State �, ��� eCS
ARP Osl , s�or
4fr
�Pl NO r'c``s�
OL sip G
��s r°c"
ate • ,.ward
d _. go
with Attorn
to include t
b`1
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 ME BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing ur der to laws of the Stat
of Illinois and havin: its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Marc W. Boots, Richard Covington, Vickie Lacy, P. T. Osburn, Maria D. Zuniga, Joseph R. At,rt,.shleytoletar
Their true and lawful agent(s) a 1 attorney(s)-in-fact, each in their separate capacity if more than one is named a
and on its behalf as surety, and as i act and deed any and all bonds, contracts, agreements of indemnity and of
however, that the penal sum of any o - such instrument executed hereunder shall not exceed the sum of:
$39,000,000.00
This Power of Attorney is granted and is si, ied and sealed under and by the authority of the folio
Argonaut Insurance Company:
e, execute, seal d deliver for
gs in suretys . provided,
adopted by the ' oard of Directors of
"RESOLVED, That the President, Senior Vice Pres • ent, Vice President, Assistant Vice esiderSecretary, Treasurer a '. each of them hereby is
authorized to execute powers of attorney, and such au ority can be executed by use of f sigtiature, which may . attested or acknowledged by any
officer or attorney, of the Company, qualifying the attor - or attorneys named in e giv T ow r of attorney, to exeto in behalf of, and acknowledge as
the act and deed of the Argonaut Insurance Company, all be d undertakings a on i-acts %suretyship, and to aff the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has c sed it
authorized officer on the 18th day of July, 2013.
STATE OF TEXAS
COUNTY OF HARRIS SS:
On this 18th day of July, 2013 A.D
came THE ABOVE OFFICER
instrument, and he acknowledged
C
o be hereunto affixed a► I these presents to be signed by its duly
taSU Alai*
a. .
_ O_
- O
D,
•.
Notary Public of the State of T • as, in an
ANY, to me personally know o be the indivi
execution of same, and being by me
SE
and that the seal affixed ecedi g instrument is the Corporate Sea
duly affixed and subscr d to to said instrument by the authority an
Directors of sai om rred to in the preceding instrument
of saic
1 direction
now in force
IN TES r ' O REOF, I have hereunto set my hand, d affixed my Ofticia.
y S.}^ GOO'
R�
W eld
o�
date
da .
Argonaut Insurance Company
by:
AS -0091661
Joshua C. Betz Senior Vice President
i� 'Board
or the County of BRED by eQv
ER �
oNG ner5
A $O L Sao
Go,�'rn.
unty
02-cF
by • Deputy
KATHLEEN M MEEKS
NOTARY PUBLIC
STATE OF TEXAS
MY COMM. EXF! 07-15-2017
t
r
eeoa
'. m. above written.
,ekt?Ltietlfia-n ••rn . LrY124,Itt,
(Notary Public)
I, the undersigned Officer of the Argon. t Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF • ORNEY of which
the foregoing is a full, true and cone copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I h e hereunto set my hand, and affixed the Seal of said Company, on the 3 0 thday of M
2016
Sarah Heineman VP -Underwriting Surety
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY AND THE SERIAL NUMBER IN THE UPPER
RIGHT HAND CORNER ARE IN BLUE, AND THE DOCUMENT IS ISSUED ON WATERMARKED PAPER. IF YOU HAVE QUESTIONS ON
AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400.
1 i " I
CLERK TO`-THEBOARD
PHONE (970)400-4227
-, FAX (970) 336-7233_,
- 1150 O STREET''
P `O- BOX 758
GREELEY, CO 80632
TallgrassTerminals LLC
370 Van Gordon Street
Lakewood CO 80228
RE' Release of Performance Bond#SUR0034443 -
' ,USR15-005,9 — TalIgrass Terminals, LLC
Dear Sir
, Enclosed please' find ;copies of_the letter to the, insurance company and the released
'Performance'Bond #SUR0034443 and a copy of the,,Board of County` Commissioner's Resolution,
dated May 6, 2024, authorizing the release of -this Performance Bond #SUR0034443,held,as`
collateral=' in the amount of $2,400 00 for USR15-0059 — Tallgrass Terminals, -LLC' ;The
replacement collateral in the form of Performance Bond'#SPA150464=008, issued by SlriusPoint
America InsuranceCompany, in the amount of $2,400 00 has been accepted
If you have any questions, 'please contact' me` at,'(970) 400-4227, or email me at
choffman"@weldgov corn
ry truly yours,'
Cheryl -L iHoffman
-Deputy'Clerk to the Board
Enclosure
cc r Dawn Anderson and Jazmyn;Trujillo-Martinez, Department of,Planning Services
Ehzabeth,Relford and Max Nader,, Department of Planning Services
',Clerk to the Board File PL2843
BOARD OF COUNTY COMMISSIONERS
. PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item —Release of Current Held Collateral and Acceptance of Replacement
Collateral for: Tallgrass Terminals, LLC — USR15-0059
DEPARTMENT: Planning Services DATE: April 2, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problemlissue:
The Department of Planning Services received a request from Tallgrass Terminals, LLC, requesting that the Board of County
Commissioners release the currently held collateral for USR15-0059 in the amount of $2,4000.00 procured in the form of
Performance Bond No. SUR0034443 issued by Argonaut Insurance Company and accept replacement collateral provided
by Tallgrass Terminals, LLC in the amount of $2,400.00 procured in the form of Performance Bond No. SPA150464_008
issued by SiriusPoint America Insurance Company, a copy of which is hereto attached.
Weld County Planning Services have reviewed the above -mentioned signed original document and collateral requirements
and recommends this release of collateral and acceptance of replacement collateral.
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.
Weld County Collateral List:
Tallgrass Terminals, LLC, USR15-0059 (PL2394, #2016-2082)
Improvements Agreement, Performance Bond #SUR0034443
Argonaut Insurance Co. $2,400.00
Consequences:
• The new development can pay their way for the improvements required by the new development on the
County Roadways, or the County will be required to pay for the improvements required by the new
development.
Impacts:
• Traffic related to the new development warrants the requirement of certain safety improvements and 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):
• County will hold collateral should the County need to draw on it in order for road maintenance to be
completed. No direct costs for the County by supporting the recommendation.
Recommendation:
Option 2. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending
approval of the release of collateral and acceptance of replacement collateral for Tallgrass Terminals, LLC — USR15-0059,
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 Saine
2024-1112
5/Co
pLz394
This bond replaces Bond No. SUR0034443
Bond No. SPA150464 0
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS Of MELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that TALLGRASS TERMINALS, LLC
a corporation, organized under the laws of the State of Delaware, with
its principal office Located at. 4200 W, 115" Street, Suite, 3.50,
Leawood, KS 66211, hereinafter called "?ripe pal", and S1RIUSPOSNT
AMERICA INSURANCE COMPANY, of 1. World Trade Center, 285 Fulton Street,
47th Floor, Suite 47J, New York, NY 10007, hereinafter called "Surety"
are held and firmly bound unto Board of County Cossicn.ers of Weld
County, Colorado, on behalf of Weld County, Calorado, hcreinat'ter
called "Obligee" in the full and penal sum of Two Thousand r^cur Hundred
and No/100 Collars ($2,400.00), lawful_ money of the United Sta
the payma_nt of which '.veil and truly made, we bind ourselves, cur heirs,
administrators, succese;or:s and assigns, jointly ano .7evera•
by these presents.
WHEREAS, the above -bound Principal has obtained or is about
obtain from the Obligee a land use per-mi-t, namely ('insert the spec
per;nit and number - USR, SPR etc)U$R15-0459, and Gurstiant to the
requirements of Said permit,
Agraeme;tt, dated Sune 24, 2t
a pa
WHEREAS, Th= Improvements Ar
ary, and
red into an lmpro
Obligee, and
;ui.res Prin ipal to obtain
c
incipai is responsible and naming Obligee as
WHEREAS, the value o£ improvements for whichPrincipal is
responsible equals Two
($2,400,000;, and
Four Hundred and No/100 Dollars
WHEREAS, at comple_icn of th
Agreement, the an',cunt, of this Bond
of the original amount throughout
9ond, and shall be held in total b
following its written acceptance o
NOW, THEREFORE,
the Imnrovem
and demands
reason C
and repay Ob
making
PROVIDED FURTHER,
obligati s?t f
fail to fully oc
u
PRO, DEL) FURTHER,
farce, the r.umb<
sura• shah.
o_f t5_e
by r
e Project Collateral
shall T�. Leduced, b
the 64arranty Collate
y the County for `_wo
f the improvement{s7
hese of the
rider, to 15'1
1 phase oL the
2} years
E CONDITION OF THIS OBLIGATION IS SUCH, that if
truly and faithfully
to
an,
y su
_ to
ardlesa
ed the
cipal shall
and shall
se which Oblige
obligation shall. be
all
old;
a1 shall default in any of its
ovements Agreement, ar,d ther•aftcr
harmless Obligee from all costs and
aeon of said default, this obligation
•
_his Bond is in
ed, the 1ia6il�t
period to period
PROVIDED FURTHER, this bond is NONCANCELLABI:E, ar.d shall renew
automatically, from the this bon
1 well, truly and
covenants,
ii
be granted by 0
Surety.
ce to
11y
and
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 llth
day of March, 2024.
TALLGRASS TERMINALS, LLG
Principal
ncipal Sec /Witness
(SEAL)
By:
Title m Cq�l��,yl
Eve GG
SIRIOSPOINT AMERICA INSURANCE COMPANY
1h' By:
Witne as t Surety Jame DiSciullo, Attorney -in -Fact
Elizabeth B. Pendleton, Witness
595 E. Swedesford Road, Suite 350
Address
Wayne, PA 19087
Address
1 World Trade 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
K\'OR' AIL k1EN AY7HESE PAFSEta'FS: Thns Siriaspoim AmmieO 7ruumucc Company, a Nmv York soeporofion, hnvixg iu principal otfuc in
the City oCNew York, pursuant to she follmring Resol«iqn, whicM1 was adopfsd by the AoaN of fArtcf«s arthe Campmy, b wit:
Presidma, ChieCfinmcial Officer, $et'felary 6C Assistant SttteWy is hereby audmtiaed b naecule Powers
aygesof arram aamty r:nmpanies roan tnau nary uK pea,r:r r« aw on benair anhe c«rR.nr f a eaeeate
Vatihew f Rosenberg, Harry C. Rosenberg, Barry O. Rosenberg. [)avid A, fohnsn�y David A, High, Denise hf,
zciullu, Iohn M Wcscou. Melitse f, iGndc. Elizebssh P. Ccrvu+i, fanashaa F. A4ck. folio R Rwnat,
aka, execute, teat and deliver forarW on iU behalf, andu Its an anddeW; any and all trmdr, rnntraCls, agrxafetu of
-"° '''o n+'CI.UiNNChomLssvithomatiredpemkyoyfw iwMguz.::bonds)andobin;:sF.anpaatythanbyas
e rape. «spfedby dxsduN^ audmrizad olRcers of she Compery, paevidea, pgr<y¢i, fhaa tMle penal smtofgny one rac6
aeacecatneaamae
5000 tingle 6a+d limis
All eas of smd anamey usfut pu,trrm w the •uthodder heroin girm em hereby ratified azd cnnfrm i 77te etaufivc a� n lewd about in are
Aaalutienmay gms fine w time. erq at eery time �ennrs mysu<h appoinaxand revcko the power glom m him of hp.
The sx«wion of tech bonA or undertakings in pusauatKe of these pmsents, within pm year ofdx date of issue oC them pramu, shill he bimh� upon
roil Company, u filly eMamply, b all interns andpuryosea, u if they kad been duly executed tad aeknoaledged by the reguhdy elected oRsms of the Company
of ,U office In New York, New York. in thrdr osmpmper patrons.
!NH'ITNESSIYNEREOF, SidusPaintgmedulruvance Campeny has roused ile-tuepnmH aativa Alrkert: tlq lRSteA,.w431mtagSmenR to he
signed by ift Setmlasy Ihit 1lthday ofAuguss in de year E073.
, before
IFraad and subscribed Io the said {npmment by the amhurity and di
IN TEST Ih10NV WHEREOF, I have hereunto set my hand and or.. my omcial-seal.
tuScam of New lctty
,, of Mmutwrdh
[, Meliva },Ralph, Secretary, of America Inturann Cetntuny, n New Yale coryomfion, do hmday ttnity that the shove end Ibrcgoi+rg is a
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TNAEJA E LEWIS-SCOTT
NOTARY KR UG
STATE OFMVM JERSEYMWMif171, aD7e
MY OMB �Ewoo.
I ot me Counv of
IN 1Yrmss WHF.RAOF, !have hereunto set my hand and ort. the seal of uid Company this 11th day of 1ahth, 2024
SiriusPoint America Insurance Company
Statutory Statement of Admitted Assets, Liabilities, and Capital and Surplus
As of December 31, 2022 and 2021
(S in millions, except share amounts)
2022 2021
Admitted Assets
Bonds, at amortized cost
Equity securities, at fair value
Cash, cash equivalents and short-term investments
Other invested assets
Receivable for securities
Total cash and invested assets
Insurance and reinsurance balances receivable
Reinsurance recoverable on paid losses
Accrued interest and dividends receivable
Funds held by ceding companies
Deferred tax asset
Other assets
Total admitted assets
Liabilities
Loss and loss adjustment expense reserves
Contra liability for retroactive reinsurance ceded
Unearned premiums
Commissions payable, contingent commissions and other similar charges
Current federal income taxes payable
Reinsurance payable on paid losses
Funds held under reinsurance treaties
Provision for reinsurance
Ceded reinsurance premium payable
Other liabilities
Total liabilities
Capital and Surplus
Common stock, 51,000 par value; 5,000 shares authorized
issued and outstanding
Gross paid -in and contributed surplus
Segregated surplus
Unassigned surplus
Total capital and surplus
Total liabilities, capital and surplus
902.1 S 444.2
96.5 94.9
151.6 176.6
172.9 250.5
6.2 153
1,329.3 981.5
605.3 390.4
8.0 1.7
6.1 2.0
47.6 28.2
10.2 13.6
22.6 24.0
2,029.2 S I,HI,4
1,062.2 S 706.7
(307.3) (336.9)
459.8 288.8
11.4
0.6 9.6
15.5 14.9
146.5 72.7
6.6 6.5
76.2 28.8
60.3 56.8
1,520A 859.8
5.0 5.0
490.2 447.2
2.4 2.4
11.1 127.0
508.7 581.6
�d S 1.441.4
The undersigned, being duly sworn, says, That he is the President of ShiasPoint 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 =dims duly complied with all of the requirements
of the laws of the said State applicable of the said Company and is duly qualified 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
full, trust and correct statement
Paul Mihulka, Peesid
STATE OF NEBRASKA
COUNTY OF DOUGLAS
The foregoing instrument was acknowledged before me this l6Th day of June, 2023 by
Notary E
Print
Notary
1L Wye/LT
4:101.0.1, ol 'Kura
nlu.ON MEYERS
Vgaink Morrrtr4 ara
Cheryl Hoffman
From:
Sent:
To:
Subject:
Received
Karla Ford
Tuesday, April 2, 2024 3:35 PM
Jazmyn Trujillo Martinez; Cheryl Hoffman; Dawn Anderson; Elizabeth Relford; Esther Gesick; Jessica Reid; Nick
Marquez; Ryan Sinatra
RE: BOCC PA REVIEW - USR15-0059 - Tallgrass
Karla Ford X
Office Manager. Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com ::
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
1861
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 hove 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.
From: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>
Sent: Tuesday, April 2, 2024 3:32 PM
To: Cheryl Hoffman <choffman@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Elizabeth Relford
<erelford@weld.gov>; Esther Gesick <egesick@weld.gov>; Jessica Reid <jreid@weld.gov>; Karla Ford
<kford@weld.gov>; Nick Marquez <nmarquez@weld.gov>; Ryan Sinatra <rsinatra@weld.gov>
Subject: BOCC PA REVIEW - USR15-0059 - Tallgrass
ATTACHED BOCC PA REVIEW
Improvements Agreement: Release Current Held Collateral and Accept Replacement Collateral
Case/Applicant: Tallgrass Terminals, LLC — USR15-0059
Please note: Regular Agenda
Thank you, Karla!
Best,
Jazmyn Trujillo -Martinez
Development Review
Weld County Planning Services
1402 North 17th Avenue
P.O. Box 758
Greeley, CO 80631
(970) 400-3711
1
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda RF,Q( ' FST
RE: BOCC Agenda item - Approve Improvements Agreement and Accept Cittlgivai
raligrass Terminals, USRI5-0059
DEPAR [MEW: Public Works DATE: 6/8/2016
PERSON REQUESTING: Evan Pinkham
WELD
JUN 102016
NTY
COMMISSIONERS
Brief description of the issue:
The Department of Public Works received a request from the applicant, Cody Wagoner' fallgrass l errninals.
LC.C, requesting that the Board of County Commissioners consider approving the Improvements Agreement for
the Mineral Resource Development Facility, (I S R 15-0059), located at CR 86 & CR 1 15 . south of the town of
Buckingham.
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -mentioned
signed original document and observed the following:
All Public Works related items, of the "Improvements tt Road itlaintenance .Agreement According To Polio/ Regarding
Collateral For Improve»rents", are Found to be acceptable The Agreement has been signed by Jay McDonald/Public
Works Director and reviewed by Frank I laug%Assistant County Attorney No revisions to Part 2 of the Agreement
were made.
The [department of Public Works received a request from the applicant, Cody Wagoner! Fallgrass Terminals, [IC,
requesting that the Board ufCounty Commissioners consider accepting off -site collateral in the form of a Performance Bond
'1St R0034443 - (Argonaut Insurance Company) in the amount of $2,400.00, for the above -mentioned improvements
Agreement.
What options exist for the Board?
t. Have this BOCC Hearing item be placed on the nett 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.
Recommendation:
option I . The Department's of Public Works, Planning Services and the County Attorney Office are recommending
dpprova l of the Improvements & Road Maintenance Agreement .'t n'on/mg T o Policy Regarding ( 'tillate'ru! For
Intproverrwnts and the acceptance of off -site collateral for (L'SR 15-0059), and that this item be placed on the next regularly
scheduled BOCC Hearing, as part of the Consent Agenda.
Mike Freeman, Chair
Scan P Conway, Pia- I em
Julie A. C'uiad
Barbara K irkmes et
Steve Moreno
Os4tQnct Qeptisa
slo
Approve
YnF
S.cfc41c os Resider
PtyAL Liming lttn
cc a. 6e,
1--aa-•Ito
Wier n1ment*,
2016-2082
eLavy
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Tallgrass Terminals, LLC — USR15-0059
THIS AGREEMENT is made this (2,1 day of Alen- P- , 2011E, by and between
Tallgrass Terminals, LLC, hereinafter referred to as "Property Owner," and the County of Weld, by
and through its Board of County Commissioners, hereinafter referred to as "County "
WITNESSETH
WHEREAS, Property Owner is the owner of the property described in the application to Use
by Special Review USR15-0059, referred to as "the Property," which has been approved by the
County, and
WHEREAS, as a condition of approval of USR15-0059, the Property Owner agrees to
complete the improvements required by this Agreement, pursuant to Exhibit A (Costs) and Exhibit
B (Schedule) which are included, and depicted in the Plat Map and, if applicable, the set of accepted
Construction Plans, copies of which shall be attached to this Agreement as they become available
and made a part hereof, as Exhibits C (Plat Map), found at reception number 4213526 and D
(Construction Plans), found at reception number N/A respectively, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for all off -site
improvements required by this Agreement before the Property Owner submits and receives
approval of an application for a Grading Permit, Building Permit or for a Right -Of -Way Permit for
construction of accesses and work within the County and/or State of Colorado Right -Of -Way, or at
a time determined acceptable by the Board of County Commissioners
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows
Part 1 (of 2)• Site Specific, Provisions
A. Required Off -Site Improvements.
1 0 Weld County Roads The Property Owner shall be responsible for the construction and
maintenance of the following off -site safety improvements, as described in the accepted Exhibit C
(Plat Map) and/or Construction Plans (Exhibit D)
1 1 Construction of adequate turning radii sixty (60) feet at the main entrances and exits
which extend partially into CR 86 right-of-way (ROW),
1 2 Drainage installations,
1 3 Signage Installations,
1 4 Standard County approved tracking control, placed across the entire width of the
roadway, to ensure a complete revolution of the truck tires in order to minimize the tracking
of mud and debris onto the adjacent County Road,
Granting of any new point of access may generate additional obligations with County for
Off -Site Improvements and the need to post additional "Road Maintenance Collateral", if
applicable A County access permit is needed for every access to a County road
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2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements and for all expenses associated therewith.
3.0 of Improvements: Subject to the provisions of Weld County Code and any
conditions or considerations granted by the Board of County Commissioners, Property Owner shall
not be required to complete the aforementioned offsite improvements until the occurrence of the
triggering event for each improvement, namely the application for the Grading Permit, Building
Permit or Right -Of -Way access permit or the commencement of activities on the property(s).
B . Haul/Travel Routes
1.0 Established Haul Routes from the facility access point:
1.1 Exiting or entering the site: haul vehicles shall enter or exit the site at the approved
accesses onto CR 86 for further dispersal. Any County roads routinely utilized by USR
haul traffic may become part of the established haul routes.
1.2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
1.3 In unusual or rare occasions, if particular projects mandate deviation from the above -
mentioned haul route, the County may approve a deviation for a limited period of time
(not more than thirty days). If County approves such deviation, haul vehicles will utilize
paved county roads whenever possible. A deviation from the established Haul route
lasting more than thirty (30) days or requests for two or more deviations within a twelve
month period shall be subject to the terms of Section B.4.0. In the event that haul route
traffic, in excess of 15% of the daily facility haul vehicle trips, utilizes alternate haul
routes, the provisions of Section 4.0 of this Section B shall be triggered.
2.0 No Deviation from Approved Haul Routes: Except under the provisions provided in Section
B.1.3, no deviation in the use of any roads other than those specifically authorized for use in this
Agreement is permitted without the prior written amendment of this Agreement.
3.0 Haul Route Signage(If Applicable): Property Owner shall install haul route signs, as per
MUTCD standards, at all exit points of the Property which can be clearly seen by drivers leaving
the facility and which clearly depict County approved haul routes.
4.0 Effect of Future Changes to Haul Routes: Any future changes to haul routes requiring use
of unpaved County road may require dust control or paving of such roads, as defined by an
amended agreement. In such circumstance, County will determine the proportionate share of dust
control and/or paving costs to be paid by Property Owner based upon then current vehicle trip
counts that identify traffic loading due to Property Owner's facility. The amount and extent of dust
control and/or paving measures will be determined by site -specific conditions at the time, as
determined exclusively by. County personnel.
5.0 Off -Site Dust Control/Abatement: The Property Owner is required to provide dust
abatement along affected Haul Route Roads approximately two to five times per year, as
determined by the County. County will determine the proportionate share of dust control to be paid
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Car,
If �a Y I Clerk
llkWA Recorder,
weld
Count
r t�k : Yoh II
by Property Owner. The amount and extent of dust control measures will be determined by site -
specific conditions at the time, as determined exclusively by County personnel. The County
reserves the right to install traffic counters on the driveway(s) of the Property Owner's facility. The
County will have sole responsibility for determination of the percentage of haul route traffic on all
affected roads.
6.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be financially
responsible for the excavation, repair, and patching of any damage on current or future haul route
roads, which in the sole opinion of County has been created by vehicle traffic to and from the
Property. Should Property Owner's site activities or vehicle circulation patterns change in the
future so that County approves an alternate haul route, and all or a significant portion of Property
Owner's sourced traffic no longer utilizes the above -described haul route and instead utilizes other
portions of County roads, Property Owner shall cooperate with County in maintenance of said roads
which are included within the new haul route. The type and method of repair will be determined by
the County Engineer or his representative. Repairs shall commence within 48 hours of notification
by the County for any roadway damage that exposes the driving public to adverse or unsafe driving
conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's
written notice.
6.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by
Project traffic that causes an immediate threat to public health and safety or renders the
road impassible ("Significant Damage"), County shall, after inspection, notify Property
Owner of such Significant Damage. Property Owner shall identify the repair required
and shall consult with County on the extent, type, timing, materials and quality of repair
(i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such
notice and shall commence such repair within forty-eight (48) hours after receipt of such
notice. If such repair is not commenced within such forty-eight (48) hour period,
County shall have the right to draw on the Road Maintenance Collateral and use such
funds to perform such repair. If Property Owner identifies Significant Damage prior to
receiving notice thereof from County, Property Owner may commence repair of such
Significant Damage and shall concurrently notify County of the extent, type, timing,
materials and quality of repair (i.e. temporary versus permanent).
6.2 Repair of Road: On or before December 31 of the calendar year in which County staff
has determined through site analysis and/or pavement testing that a particular haul route
road portion will require paving measures in order to protect the public health, safety,
and welfare, and has budgeted sufficient funds for the following calendar year to pay its
share of the Off -Site Improvement/Repair Costs, County shall notify Property Owner in
writing that the Off -Site Improvements/Repairs shall be undertaken. Within ninety (90)
days of its receipt of County's notice of the need to undertake the road maintenance
repairs and/or improvements, Property Owner shall submit Off -Site Construction Plans
and Cost Estimates to County for review. Property Owner shall have sole responsibility
for the completion of the repairs and/or improvements on or before December 15 of the
year following County's notice of the need for repairs.
6.3 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road repairs/improvements
will be calculated as described in this Agreement.
3o112
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Carly Koppel, Clerk and Recorder, Wald County. CO
111111 r.it%hu ii" �1�Whi II
7.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of Property Owner and all other Property Owner and/or Lessees who are required by
County to participate in road improvement/maintenance agreements. As a result of the annual
inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during that
construction season. Notification to the Property Owner of the required roadway repairs will be
given as soon as the data becomes available.
8.0 Future Improvements to Haul Routes: If traffic volume or conditions require future
improvements to be made to the haul route(s), including intersections, the County may require
Property Owner to pay a proportionate share of the cost of the entire project. Future improvements
will be subject to any Federal, State or County regulations in place at the time the improvement
project is initiated. Safety improvements to help prevent truck traffic from turning into oncoming
traffic, at the intersections of CR 115 and CR 86, and CR 113 and CR 86, will need to be installed
when triggers are met.
Due to the increased traffic volumes at the facility below is a list of triggers for the improvements
for the upgrading, widening, and/or paving of County maintained CR 86 near the facility entrance:
a. 200 vehicles per day Mag-Chloride
b. 300 vehicles per day Alternate Pavement
c. 400 vehicles per day Asphalt Pavement
Other roadways Improvements may be triggered due to heavy truck traffic associated with
the facility including additional turn lanes onto CR 86; the following is a list of the triggers
for turn lanes:
a. 25vph turning right into the facility during a peak hour.
b. 50 vph turning right out of the facility during a peak hour.
c. 10vph turning left into the facility during a peak hour.
9.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road
damage increases beyond the point that repair of damage cannot maintain the road in a safe and
usable condition, Property Owner shall pay a proportionate cost of a complete road restoration.
Notification to the Property Owner of the required roadway replacements will be given as soon as
the data becomes available and typically takes place before the end of the year prior to the start of
the replacement project.
10.0 Proportionate Share of Road Maintenance Responsibilities,
10.1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement,
paving, repairs, maintenance, improvements, or future road replacement of any
particular Haul Route Road. Property Owner's Proportionate Share shall be based upon
the percentage of traffic on the road that is attributable to Property Owner's facility.
County personnel will determine the percentage based on then current Equivalent Single
Axle Load (ESAL) Counts. Property Owner shall not be responsible for traffic that is not
sourced from the Property Owner's facility.
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10.2 The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs. Prior to County's final
determination and assessment, County shall provide Property Owner with a reasonable
opportunity to review, comment upon and supplement County's data, collection
methodology, and determinations. The County shall review and consider Property
Owner's input prior to making a final determination and assessment. The County shall
have sole responsibility for determination of Property Owner's proportionate share of
costs.
11. Road Maintenance Collateral: Property Owner shall post Road Maintenance Collateral as
described by Part 2 of this Agreement,
C. On -Site Improvements (Not Applicable)
1.0 Landscaping and Fencing Requirements: Property Owner shall at its own expense, plant,
install and/or maintain all grass and other landscaping and re -seeding where applicable as shown on
the accepted Construction Plans and/or Plat Map. Additionally, the Property Owner shall install
and/or maintain fencing to screen the property where applicable as indicated on the accepted
construction plans and/or Plat Map. In the event any of these improvements may include work
extending into State or County Right -Of -Way, a Right -Of -Way or access permit is required.
2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its sole expense,
grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and
install accepted drainage and signage components, adjacent to or within the interior portion of the
property in accordance with the directives of the Weld County Department of Public Works and
Department of Planning Services, as further described in the accepted Construction Plans and Plat
Map. Any other on -site improvements shall be completed as indicated on the accepted Construction
Plans for this facility. Property Owner shall be responsible for all maintenance of the on -site
improvements. Additional infrastructure improvements will be addressed at the time of application
for any future amended USR. Some of these improvements may include work extending into State
or County Right -Of -Way in which case a Right -Of -Way or access permit is required.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any
conditions or considerations granted by the Board of County Commissioners, Property Owner shall
not be required to initiate any applicable landscaping requirements until the occurrence of the
triggering event for all improvements, namely the approval of the grading permit or an amendment
to the existing USR. Except with prior County consent, no grading permit will be released until
collateral is posted for all off -site improvements and the final Construction Plans have been
submitted to and accepted by the Department of Public Works. Access and/or Right -Of -Way
permits might also be required prior to approval of the grading permit. Grading shall not commence
until Construction Plans are accepted. Any alterations to the accepted Construction Plans must be
accepted in writing by the County Planning and Public Works Departments. At that time, and unless
otherwise amended, Property Owner agrees that all landscaping and other on -site improvements
shall be completed within the parameters established in this Agreement.
"End of Part 1"
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Carly Koppel, Clerk and Recorder, Weld County. CO
III NPVIC�I�i���` ' MMil Urh� �1�I: i �t�� � III ii �
U:\EngineeringlPLANN LNG — DEVELOPMENT REV IEW\--20I 5 Planning Referrals\USR I5W SR 15-0059 Tal!grass \Improvements
Agreement\Tallgrass Terminal (USR15-0059) - Part I Final IA (4.1 I-(6).docx
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Carly Koppel, Clerk and Recorder, Weld County, CO
�NI NIMPAIKORDIrPi1A IIPINRIL'Ar,L.lk 11III
Page 6 of 12
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Tallgrass Terminals, LLC — USRI5-0059
Part 2: General Provisions
A. General Requirements:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering
services in connection with the design and construction of the improvements identified on the
accepted Construction Plans according to the construction schedule set forth in Exhibit "B," both
of which are attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado, and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the submission of
necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road improvements on
public rights -of -way or easements and all improvements interior on the Property for
approval prior to the letting of any construction contract.
1.4 Construction Standards: All improvements shall conform to the "Standard
Specifications for Road and Bridge Construction" provided by CDOT.
2.0 Rights -of -way and Dedication of Right -of -Way: If necessary, Property Owner agrees to
acquire any property interests, such as right-of-way, utility or access easements, necessary to
complete any improvements required by this Agreement. Any rights -of -way to be dedicated to the
County shall be conveyed by appropriate deed and, after acceptance by the County, recorded in
the records of the Weld Count Clerk and Recorder.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and Plat Map, be solely responsible
for all associated costs. All improvements must be completed in accordance with the schedule set
forth in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension
of time upon application by the Property Owner.
3.1 Said construction shall be in strict conformance to the plans and drawings accepted by
the County and the specifications adopted by the County.
3.2 Property Owner shall employ, at its own expense, a qualified testing company
previously approved by the County to perform all testing of materials or construction;
and shall furnish copies of test results to the County. If County discovers
inconsistencies in the testing results, Property Owner shall employ at its expense a third
party qualified testing company approved by County. Such third party shall furnish the
certified results of all such testing to the County.
6of12
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Carly Koppe9, Clerk and Recorder. Weld County. CO
VIII littI' hlt tllbfrl'1' " iifi1Giii iiifil'ri11AYlli,11111
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 Property Owner's expense.
Any material or work not conforming to the approved plans and specifications,
including but not limited to damages to property adjacent to the construction plan area
shall be repaired, removed or replaced to the satisfaction of the County at the expense
of Property Owner.
3.4 Permits. Property Owner must still apply for and abide by the terms of any necessary
right-of-way permits, grading permits, and building permits. No work may occur in the
County's right-of-way without a County -issued right-of-way permit and access permit.
4.0 Release of Liability: Property Owner 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 health.
5.0 Acceptance of Off -Site Improvements by the County: Upon written request by the
Property Owner, the County shall accept the Property Owner's off -site improvements, if the
following conditions are met:
• The off -site improvements have been completely constructed, and
• The Property Owner's Engineer has filed a Statement of Substantial Compliance, and
• The County Engineer has inspected the improvements and agrees they are complete.
5.1 The County does not represent that the improvements will be constructed and/or
available for their intended use(s). The County does not assume liability for
improvements designed and/or constructed by others.
5.2 If approved by the County Engineer, portions of the improvements may be placed in
set -vice, but such use shall not constitute an acceptance by the BOCC.
5.3 County may, at its option, issue building permits for construction for which the
improvements detailed herein have been started but not completed according to the
schedule shown on Exhibit "B," and may continue to issue building permits so long as
the progress of work on the USR improvements in that phase of the USR is satisfactory
to the County, and all terms of this Agreement have been faithfully kept by Property
Owner.
6.0 Warranty Period: Properly Owner agrees to warrant the improvements for two years from
,7of12
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Carly Kappas. Clerk and Recorder. Weld County CO
■�i����1�tw{�r��:�rh�r�ti��r Pwtkt III
the date the improvements are accepted by the County. Upon completion of the two-year warranty
period and at the request of the Property Owner, the County Engineer shall inspect the
improvements and direct the Property Owner to correct any deficiencies. The County Engineer
shall re -inspect after all corrections have been completed. If the County Engineer finds that the
improvements are constructed according to County standards and the accepted Construction Plans,
he/she shall recommend full acceptance. Upon receipt of the County Engineer's unqualified
recommendation for acceptance, the BOCC shall accept the improvements.
7.0 General Requirements for Collateral: County requires Property Owner to provide collateral
to guaranty all of Property Owner's obligations under this Agreement: (1) Project Collateral for
completion of off -site improvements described in this Agreement; (2) Warranty Collateral required
for alt improvements during the warranty phase; and (3) Road Maintenance Collateral (If
Applicable) to be kept in place for the life of the permit.
7.1 Project Collateral — Property Owner shall submit Project Collateral in a form accepted
by Weld County to guarantee completion of any off -site improvements. Such collateral
must be equivalent to One -Hundred Percent (100%) of the value of the improvements
as shown in this Agreement. This collateral must be submitted to County upon the
execution of this Agreement, or at a time determined acceptable by the BOCC, and
shall be held in total by County until such improvements are accepted and collateral is
released by the BOCC.
7.2 Warranty Collateral for all off -site improvements shall be submitted to County and
shall be held in total by the County for two (2) years following its written acceptance
of the improvement(s).
7.3 If required by Part 1 of this Agreement, Road Maintenance Collateral shall be
submitted to County at the time of approval of this Agreement. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads
or $2,400.00 for facilities adjacent to gravel haul route roads.
7.4 Collateral may be in any form permitted by Weld County Code Chapter 2, Section 3.
7.5 The Board of County Commissioners reserves the right to reject collateral as permitted
by Weld County Code Chapter 2 Section 3,
7.6 Collateral shall be released in accordance with the provisions of Weld County Code
Chapter 2 Section 3.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has violated any
of the terms of this Agreement, County shall so notify Property Owner and shall state with
specificity the facts and circumstances which County believes constitute the violation. Property
Owner shall have thirty (30) days within which to either cure the violation or demonstrate
compliance. Thereafter, County may seek any remedy described in this Agreement or otherwise
provided by law.
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Carly Koppel. Clerk and ::corder, Yell County CO
NM NrrLlliniohig+iin VIIIIA CWhM11 III
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Carly Kogves• Clerk and Recorder, Weld County CO
ififfI ITUPIAUNVCIr11Ywk •I III
2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the
earliest of the following events:
2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur
upon Property Owner's complete cessation of all activities permitted by the USR. A
partial cessation of activities shall not constitute a Termination of this Agreement, nor
shall County's issuance of a partial release constitute a Termination. Unless informed
in writing by the Property Owner of cessation of activities, and verified by the County,
cessation shall be presumed if the County determines that the USR has been inactive
for three (3) years. Property Owner shall not be entitled to a release of Project or
Warranty Collateral unless and until the improvements required by this Agreement are
completed.
2.2 Execution of Replacement Agreement: This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new Property Owner or
Operator who has purchased the Property or has assumed the operation of the business
permitted by the USR, and intends to make use of the rights and privileges available to
it through the then existing USR.
2.3 Revocation of USR: This Agreement shall terminate following County's revocation of
Property Owner's USR, except that the Property Owner shall only be released from
this Agreement after the successful completion of all improvements required under this
Agreement, which may be completed by County after accessing Property Owner's
collateral if Property Owner fails to complete such improvements.
3.0 Revocation of USR: Property Owner acknowledges that failure to comply with the terms
of this Agreement constitutes cause to revoke the USR, and County may exercise this option in its
sole discretion by proceeding with revocation under the then current provisions of the Weld
County Code.
4.0 County Completion of Improvements / Accessing Collateral: County reserves the right to
access any collateral provided by Property Owner in order to complete the improvements required
under this Agreement, if Property Owner fails to do so for any reason, after receiving notice of a
violation of the terms of this Agreement as provided herein.
5.0 Court action: Upon notice of violation and failure to cure within the time permitted by this
Agreement, County may seek relief in law or equity by filing an action in the Weld District Court,
except that no such civil action or order shall be necessary to access collateral for the purpose of
completing improvements as described above.
C. Miscellaneous Provisions.
1.0 Definitions:
1.1 All references in this Agreement to "County Engineer" shall refer to the any individual
or individuals appointed by the County Engineer to act on his/her behalf.
1.2 All references to "Haul Routes" include identified travel routes for subdivisions;
references to "haul vehicles" include subdivision vehicular traffic, as applicable.
^age 9 of 12
1.3 All references to "Property Owner" shall include any individual or entity, including an
"Operator", who is acts on behalf of the Property Owner regarding this Agreement.
2.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in
whole or in part by Property Owner without the express written consent of County and the written
agreement of the party to whom the obligations under this Agreement are assigned. Property
Owner's release of its obligations shall be accomplished by County's execution of a new
Improvements Agreement with the successor owner of the property. Consent to a delegation or an
assignment will not be unreasonably withheld by County. County's rights and obligations under
this Agreement shall automatically be delegated, transferred or assigned to any municipality
which, by and through annexation proceedings, has assumed jurisdiction and maintenance
responsibility over the roads affected by this Agreement. All of the terms and conditions set forth
in this Agreement shall be binding upon the heirs, executors, personal representatives, successors
and assigns of Property Owner, and upon recording by the County, shall be deemed a covenant
running with the land herein described.
3.0 Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
4.0 No Third PItrty Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other person or entity
not included in this Agreement. It is the express intention of the undersigned parties that any person
or entity, other than the undersigned parties, receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
6.0 Board of County Commissioners of Weld County Approval: This Agreement shall not
be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
7.0 Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Property
Owner agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said
dispute.
8.0 Severability: If any term or condition of this Agreement shall be held to be invalid, illegal,
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Carly Koppes, Clerk and Recorder, Weld County: CO
IIIII 11111
"r12
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract
Professional, concerning this Agreement, the parties agree that each party shall be responsible for
the payment of attorney fees and/or legal costs incurred by or on its own behalf.
10.0 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
{ 1.0 Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents
and warrants that he or she is duly authorized and has legal capacity to execute and deliver this
Agreement. Each party represents and warrants to the other that the execution and delivery of the
Agreement and the performance of such party's obligations hereunder have been duly authorized
and that the Agreement is a valid and legal agreement binding on such party and enforceable in
accordance with its terms. If requested by the County, Property Owner shall provide the County
with proof of Property Owner's authority to enter into this Agreement within five (5) days of
receiving such request.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY OWNERS:
SIGNATURE
PRINTED NAME Ler, U1.16:S TP 1 q
TITLE (If Applicable) VP/4M *(ilu4a4≤≤ 47901.171,q2.5,
5, LAC
STATE OFEfaL-OR, ORAniSA5 )
County of Vivid SDtkAlSo � )
SS.
The foregoing instrument was acknowledged before me this i lmday of App -(c. , 2016,
by E g I E. 11, wE5TPkAL
WITNESS my hand and official seal.
Notary Public
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Carly Koppes. Clerk and Recorder, Weld County CO
Ill I ���'RQIIa, I:III�OM�,�+Ah�4�Kll �«+l'iM�?tit Kik 11111
�liNytl--
NOTARY PUBLIC - Sale ammo
maiLISA J. HARRIS
�Y APPL 4/ Z
LESSEE (If Applicable):
SIGNATURE
PRINTED NAME
TITLE
STATE OF COLORADO
SS.
County of Weld
The foregoing instrument was acknowledged before me this day of , 2016,
by
WITNESS my hand and official seal.
Notary Public
ATTEST: dakftl
Weld CpEl1 tyClerk to the Board WELD COUNTY, COLORADO
BY:
Deputy CIk to the B
ROV ,� AS TOGO
County Attorney
BOARD OF COUNTY COMMISSIONERS
Mike Freeman, Chair Irju, 2 2Qt6
PPROVED AS i SU s TANCE:
ial or Department Head
U:1Engineering\PLANNING — DEVELOPMENT REVIEWI-2015 Planning RcferralstUSR151USR15-0059 Tallgrassllmprovements
Agreement\Tsllgrass Terminal (USR15-0059)- PM 2 Final IA (A-11-16) docx
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Carly Koppes, Clerk and Recorder, Weld County, CO
■NI VAINIVIOit I.P." 100,,0 ilikI Y4 t IllIII
EXHIBIT A - Cost Sheet (OFF -SITE)
Name of Facility: Piste �i.ow•` Tertwj ne.<
Personnel Contact: Name Cody 1�.�.^o.• 2r
Filing/Case N: 1)55 I S-4059
Location: itiwy I c/ y- LICR 86
Title: Act �(.Ce,. 4 Rot) Phoss:3O)-''?fl 1N85
Intend eo to bet bound the nndcsnheed Aeelkoet htrete oxrru to provide
Improvements
(Leave spaces blank where they do not apply)
(OFF -SITE)
uantit
nits
Unit Costs (l)
Estimated Conseryctfon
Cost ISI
IPUBLIC WORKS j
Site Grading
Street Grading
Street Base, Gravel for Parking
Street Paving
Pavement Marking
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access Improvements
Erosion Control Measures/BMP's
Road Moist. Collateral (per Sec. E.-7.5)
$1.4e0.0.
Dust Control (per Sec. E.-7.5.2)
Fire Hydrants
Survey, Street Monuments/Boxes
,PLANNING SERVICES,
Parking Area, Curb Stops, Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
Park Improvements
Handicap Accessibility, Parking & Rails
Septic Systems
SUB -TOTAL:
(Testing, inspection, as -built
Engineering and Supervision Costs (5) final plat; supervision
plans and worm intuition
visitant construction
to preliminary and
by contractors)
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AND SUPERVISION (S)
�NOo. 00
EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
By: Applicant
S, S, Se,* Ge- + Ito,w Date y-// 20 /6
Title
By:
Applicant
Date , 20
Title
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Carly KoPpet, Clerk and Recorder Weld County, CO
11111 WWII lief/NA NIA 11111
EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE)
Name of Subdivision, PUD, USR, RE, SPR: Filing/Cascto: (i3RIsoo$9Location: AlIV* Oat i 4
Wending to be legally bound, the Iniderriggned Applicant hereby agree to provide throughout this facil4 the following improvements
All Improvements shall tre completed within _ years from the date of approval of the final plat.
1Allauscuon or me umploYem@ma IMO m Cif.= R
Improvements
(Leave spaces bktnk where they do not apply)
Mall RB common as mows:
Time Schedule
ON SITE
t-i
(OFF -SITE)
/PUBLIC WORKS/
Site Grading
Street Grading
Street Base, Gravel for Parking
Street Paving
Pavement Marking
Curbs, Gutters, and Culverts
Sidewalk
Stortnwater/Drsinage Facilities
Retention / Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access
Erosion Control Measures/BMP's
Fire Hydrants
Survey, Street Monuments/Boxes
/PLANNING SERVICES/
Parking Area, Curb Stops, Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
Park Improvements
Handicap Accessibility, Parking & Rails
Septic Systems
final Comolction Date for Entire Proles!
«
Nom -6 1.0 I l
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Carly Kappes, Clerk and Recorder, Weld County, CO
III
EXHIBIT B - Time Schedule- Signature Page
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 by the Applicant that the above schedule cannot
be met.
By:
By:
Applicant
Cod1 L3a. s,,, r -
Applicant
Sr Ave...., 14,—.d+ RO W
Title
Applicant
Title
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Carl, Kopp.. Clerk and Recorder. Yield County, CO
SIN PONLIkil DVF1441l1r1 III
Date 4-1 1 , 20 /G
Date , 20
O:\New Version AgreementlExhibits120131Exh B Time Schedule-FINAL(2013).xlsx
Bond No. SUR0034443
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that Tallgrass Terminals, LLC
a corporation, organized under the laws of the State of Delaware, with
its principal office located at 4200 West 115th St, Suite 350, Leawood,
KS 66211, hereinafter called "Principal", and Argonaut Insurance
Company, hereinafter called "Surety" are held and firmly bound unto
Board of County Commissioners of Weld County, Colorado, on behalf of
Weld County, Colorado, hereinafter called "Obligee" in the full and
penal sum of Two Thousand Four Hundred and No/100 Dollars ($2,400.00),
lawful money of the United States for the payment of which well and
truly made, we bind ourselves, our heirs, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above -bound Principal has obtained or is about to
obtain from the Obligee a land use permit, namely (insert the specific
permit and number - USR, SPR etc) USR15-0059 and pursuant to the
requirements of said permit, has entered into an Improvements
Agreement, dated p'd k,`LAt(, with Obligee, and
WHEREAS, The Improvements Agreement requires Principal to obtain
a performance bond in an amount equal to the total cost of the
improvements for which Principal is responsible and naming Obligee as
beneficiary, and
WHEREAS, the value of improvements for which Principal is
responsible equals Two Thousand Four Hundred and No/100 Dollars,
($2,400.00), and
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal shall well, truly and faithfully perform its duties, and all
of its undertakings, covenants, terms, and conditions as set forth in
the Improvements Agreement, and if Principal shall satisfy all claims
and demands set forth in said agreement, and shall fully indemnify and
save harmless Obilgee from all costs and damages which it may suffer by
reason of Principal's failure to perform as agreed, and shall reimburse
and repay Obligee all outlay and expense which Obligee may incur in
making 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 Obligee 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, or 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 event exceed the amount set forth above, or as amended
by rider;
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
thereunder, shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Improvements Agreement,
PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew
annually automatically, from the date of this bond until its release by
Obligee, to guarantee that Principal shall well, truly and faithfully
perform its duties, and all of the undertakings, covenants, terms, and
conditions set forth in the Improvements Agreement, and any extensions
thereof which may be granted by Obligee with or without notice to
Surety.
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 30t°
day of March , 2016.
Principal Secretary/Witness
(SEAL)
Witness as Surety, Melanie Hill
818 Town & Country Blvd, Ste 500
Address
Houston, TX 77024
Address
By:
By:
Tallgrass Terminals, LLC
Principal c41,206,
Title
Argonaut Insurance Company
06/
har ingto Attorney -in -Fact
P.O. BOX 469011
Address
San Antonio, TX 78246
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.
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 BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing u er laws of the State
of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint
•vin. Vi. -L P. 7'
Their true and lawful agent(s) and attorney(s}in-fact, each in their separate capacity if more than one is named
and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and of
however, that the penal sun of any one such instrument executed hereunder shall not exceed the sum of:
$79.000.000.00
'This Power of Attorney is granted and is signed and sealed under and by the authority of the folio
Argonaut Insurance Company •
"RESOLVED. That the President, Senior Vice President, Vice President Assistant Vice
authorized to execute powers of attorney, and such authority can be executed by use of
officer or attorney, of the Company, quali tying the attorney or attorneys named in
the act and deed of the Argonaut Insurance Company, all bond undertakings
ecute, seal and deliver for
gs in suretyship provided,
adopted by the Board of Directors of
ecru , Treasurer and each of them hereby is
which may be attested or acknowledged by any
of attorney, to execute in behalf of, and acknowledge as
suretyship, and to affix the corporate seal thereto "
IN WITNESS WHEREOF, Argonaut Insurance Company has caused ito be hereunto affixed and these presents to be signed by its duly
authorized officer on the 18th day of July, 2013
STATE OF TEXAS
COUNTY OF HARRIS SS.
On this 18th day of July, 2013 A
came THE ABOVE OFFICER
instrument, and he acknowledged
and that the seal affixed
duly affixed and su
Directors of sand
Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified,
C • ' ANY, to me personally known to be the individual and officer described in, and who executed the preceding
eXecution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid,
g instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were
said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of
to in the preceding instrument is now in three.
IN TL`.S I+IU�Y EOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year tint above written
t►ttyRyYl. XY�uialn
(Notary Public)
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which
the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked
IN WITNESS WHEREOF. I have hereunto set my hand, and affixed the Seal of said Company, on the 30thday of March _ 2016
Sarah Heineman VP -Underwriting Surety
AS -0091661
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY AND THE SERIAL NUMBER IN THE UPPER
RIGHT HAND CORNER ARE IN BLUE, AND THE DOCUMENT IS ISSUED ON WATERMARKED PAPER. IF YOU HAVE QUESTIONS ON
AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400.
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0059, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS STORAGE FACILITY (CRUDE OIL TANK STORAGE
AND TRUCK UNLOADING FACILITY ASSOCIATED WITH THE CRUDE OIL TANKS)
IN THE A (AGRICULTURAL) ZONE DISTRICT - TALLGRASS TERMINALS, 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, the Board of County Commissioners held a public hearing on the 20th day of
January, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Tallgrass Terminals, LLC, 370 Van Gordon Street, Lakewood, CO 80228, for a
Site Specific Development Plan and Use by Special Review Permit, USR15-0059, for a Mineral
Resource Development Facility, including an Oil and Gas Storage Facility (crude oil tank storage
and truck unloading facility associated with the crude oil tanks) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RECX14-0059; being
part of the SW1/4 of Section 34, Township 8 North,
Range 59 West of the P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.1 (A. Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." Conditions of Approval and
Development Standards (on -site lighting is required to be downcast
and a noise limit is attached) will address compatibility with the
surrounding area. Section 22-2-20.1.5 (A.Policy 9.5) states:
r e C,&-, , J 0 / n n ht n n..1.- -1/i
2016-0264
PL2394
SPECIAL REVIEW PERMIT (USR15-0059) - TALLGRASS TERMINALS, LLC
PAGE 2
"Applications for a change of land use in the agricultural areas
should be reviewed in accordance with all potential impacts to
surrounding properties and referral agencies." Conditions of
Approval and Development Standards (on -site lighting is required
to be downcast and a noise limit is attached) to address
compatibility with the surrounding area. Section 22-2-80.C
(I.Goal 3) states: "Consider how transportation infrastructure is
affected by the impacts of new or expanding industrial
developments." An Improvements and Road Maintenance
Agreement is a Condition of Approval for this case to address any
potential off -site impacts to County roads generated by this use.
B. Section 23-2-230.B.2 -- The proposed Use is consistent with the intent of
the A (Agricultural) Zone District. Section 24-3-40.A.1 of the Weld County
Code allows for Oil and Gas Storage (crude oil tank storage and truck
unloading facility associated with the crude oil tanks) as a Use by Special
Review Permit in the A(Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed facility is located
approximately 1,700 feet to the west of an existing single-family residence.
A crude oil tank farm and truck unloading facility was approved under
USR15-0013 on the adjacent property to the north. Dry land and rangeland
is located to the south of the site. A single-family residence and the
unincorporated town site of Buckingham is located approximately 2,000
feet to the north/northwest of the site. No correspondence has been
received from surrounding property owners in regards to this request.
D. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three (3) mile referral area
of any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot will
be required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 66.67 acres
delineated as "High Potential Dry Cropland — Prime if Irrigated," per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
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SPECIAL REVIEW PERMIT (USR15-0059) - TALLGRASS TERMINALS, LLC
PAGE 3
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Tallgrass Terminals, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0059, for a Mineral Resource
Development Facility, including an Oil and Gas Storage Facility (crude oil tank storage and truck
unloading facility associated with the crude oil tanks) in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall address the requirements of the Colorado Department
of Transportation (CDOT), as stated in the referral dated
November 3, 2015.
B. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance, including dust control,
damage repair, specified haul routes and future traffic triggers for
improvements, will be included.
C. A Final Drainage Report and Certification of Compliance, stamped and
signed by a professional engineer registered in the State of Colorado, is
required.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0059.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the site/facility lighting.
6) All signs shall be shown on the map.
7) County Road (CR) 115 and CR 86 are gravel roads and are
designated on the Weld County Road Classification Plan as local
roads, which require 60 feet of right-of-way at full buildout. The
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SPECIAL REVIEW PERMIT (USR15-0059) - TALLGRASS TERMINALS, LLC
PAGE 4
applicant shall delineate on the site plan the existing right-of-way.
All setbacks shall be measured from the edge of right-of-way.
These roads are maintained by Weld County.
8) Show and label the approved access(es) (AP#15-00487), and the
appropriate turning radii on the site plan.
9) Show and label all easements with the recorded document
reception number and date on the site plan.
10) Show and label the approved tracking control on the site plan.
11) Show and label the accepted drainage features and drainage flow
arrows on the site plan. Water quality features or stormwater ponds
should be labeled as "Water Quality Feature/Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
12) Show and label the entrance gate set back to a minimum of 100 feet
from edge of shoulder.
13) The applicant shall indicate specifically on the map the type of
right-of-way/easement and indicate whether it is dedicated, private,
or deeded to provide adequate access to the parcel.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the map not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners Resolution,
a $50.00 recording continuance charge shall added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
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SPECIAL REVIEW PERMIT (USR15-0059) - TALLGRASS TERMINALS, LLC
PAGE 5
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of January, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTESTdjekj;K
Weld County Clerk to the Board
ounty Attorney
Date of signature: °2/5'
Mike Freeman, Chair
.....F?
Sean P. Con
Steve Moreno
2016-0264
PL2394
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TALLGRASS TERMINALS, LLC
USR15-0059
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0059, is
for a Mineral Resource Development Facility, including an Oil and Gas Storage Facility
(crude oil tank storage and truck unloading facility associated with the crude oil tanks) in
the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are 24 hours a day, 365 days a year, as stated by the applicant(s).
4. The parking area on the site shall be maintained.
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
9. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
10. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
11. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. All spills will be reported to local,
state and federal agencies in accordance with all state and federal regulations.
12. Fugitive dust and fugitive particulate emissions should attempt to be confined on the
property. Uses on the property should comply with the Colorado Air Quality Commission's
Air Quality Regulations.
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DEVELOPMENT STANDARDS (USR15-0059) - TALLGRASS TERMINALS, LLC
PAGE 2
13. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants
(HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely,
on an impervious surface, and in accordance with manufacturer's recommendations.
14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on -site for less than
two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
15. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On -site Waste -water Treatment System (O.W.T.S.).
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
Groundwater may not meet all drinking water standards as defined by the Colorado
Department of Public Health and Environment. The Weld County Department of Health
and Environment strongly encourages well users to test their drinking water prior to
consumption and periodically thereafter.
17. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on site, at all times.
18. This facility shall adhere to the maximum permissible noise levels allowed in the
Non -Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
19. The applicant shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
20. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. A synthetic or
engineered liner shall be placed directly beneath each above -ground tank. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in
good condition.
21. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements, as stipulated by the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable.
22. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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DEVELOPMENT STANDARDS (USR15-0059) - TALLGRASS TERMINALS, LLC
PAGE 3
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
25. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
26. The access shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking.
27. The historical flow patterns and runoff amounts will be maintained on the site.
28. Weld County is not responsible for the maintenance of on -site drainage related features.
29. There shall be no parking or staging of vehicles on County roads. On -site parking shall be
utilized.
30. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review.
A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
31. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
32. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
33. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
34. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
2016-0264
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DEVELOPMENT STANDARDS (USR15-0059) - TALLGRASS TERMINALS, LLC
PAGE 4
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
35. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
36. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2016-0264
PL2394
Contract F
Entity Information
Entity Name"
TALLGRASS TERMINALS LLC
Entity ID*
@00040127
New Entity?
Contract Name* Contract ID
IMPROVEMENTS AND ROAD MAINTENANCE 8009
AGREEMENT USR1 5-0059 TALLGRASS TERMINALS LLC
Contract Status
CTB REVIEW
Contract Lead *
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weldgo
v.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT USRI 5-0059 TALLGRASS TERMINALS LLC RELEASE
CURRENTLY HELD COLLATERAL PERFORMANCE BOND NO. SUR003443 ISSUED BY ARGONAUNT INSURANCE
COMPANY AND ACCEPT REPLACEMENT COLLATERAL PROCURED IN THE FORM OF
Contract Description 2
PERFORMANCE BOND NO. SPA1 50464-008 ISSUED BY SIRIUSPOINT AMERICA INSURANCE COMPANY
Contract Type" Department
AGREEMENT PLANNING
Amount*
$2,400.00
Renewable*
NO
Automatic Renewal
Grant
IGA
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
Date
04/17/2024
Due Date
04/13/2024
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*
04/17/2025
Committed Delivery Date
Renewal Date
Expiration Date*
04/17/2026
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 KARIN MCDOUGAL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
04/17/2024 04/18/2024 04/23/2024
Final Approval
BOCC Approved Tyler Ref #
AG 050624
BOCC Signed Date Originator
JTRUJILLOMARTINEZ
N EZ
BOCC Agenda Date
05/06/2024
Hello