HomeMy WebLinkAbout20241855.tiffRESOLUTION
RE: APPROVE ACCEPTANCE OF SURETY RIDER CHANGING PRINCIPAL'S ADDRESS
FOR SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0059, AND AUTHORIZE CHAIR TO SIGN - 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, on May 6, 2024, the Board of County Commissioners of Weld County,
Colorado, approved the release of 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 accepted 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, the Board has been presented with a Surety Rider changing the address of
the principal, Tallgrass Terminals, LLC, from 4200 West 115th Street, Suite 350, Leawood,
Kansas 66211, to 11550 Ash Street, Suite 220, Leawood, Kansas 66211, to be attached to
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
cc..Pi. C /NN/DA MA/STM/KR/Mal/60
O5 /201.29
2024-1855
PL2394
SURETY RIDER CHANGING PRINCIPAL'S ADDRESS (USR15-0059) - TALLGRASS
TERMINALS, LLC
PAGE 2
WHEREAS, after review, the Board deems it advisable to accept said Surety Rider, as
stated above, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Surety Rider, issued by SiriusPoint America Insurance
Company, 1 World Trade Center, 285 Fulton Street, 47th Floor, Suite 47J, New York,
New York 10007, changing the address of the principal, Tallgrass Terminals, LLC, be, and hereby
is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Surety Rider.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of July, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY -GOh0
ATTEST:tvo Cd mil; e4
Weld County Clerk to the Board
BY: ' ► l • fJ(V‘ I d.
Deputy Clerk to the Board
APP'eVED
f/L
County torney
Date of signature: lI6/
15/
Ross, Chair
erry L. B; ck, Pro-Tem
Mike Freeman
2024-1855
PL2394
diAPPLIED SURE WRITERS APPLIED SURETY UNDERWRITERS
/1® 110805 Old Mill Rd. Omaha, NE, 68154
License No. N/A
RIDER
To be attached to and form part of Bond No. SPA150464_008
Issued on behalf of TALLGRASS TERMINALS, LLC
as Principal, and in favor of
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO as Obligee.
It is agreed that:
❑ 1. The Surety hereby gives its consent to change the Name:
from:
to:
❑X 2. The Surety hereby gives its consent to change the Address: of the Principal
from: 4200 W. 115th Street, Suite 350, Leawood, KS 66211
to: 11550 Ash Street, Suite 220, Leawood, KS 66211
O 3. The Surety hereby gives its consent to change the
from:
to:
This rider shall become effective as of May 5, 2024
PROVIDED, however, that the liability of the Surety under the attached bond as changed by this rider shall not be
cumulative.
Signed, sealed and dated May 20, 2024
Accepted:
Obligee
By: Kevin D. Ross. BOCC Chair
S-4111 (8/66)
B
SIRIUSPOINT AMERICA INSURANCE COMPANY
s M. DiSciullo
Attorney -in -Fact
or TALLGRASS TERMINALS, LLC
By:
Principal
nick. C11116thaopteNtjkie +rite Pr 4jd &1-
JUL 0 8 2024 * (a aa.l,
RAPPENOl_0323
POWER OF ATTORNEY
SIRIUSPOINT AMERICA INSURANCE COMPANY
NEW YORK
KNOW ALL MEN BY THESE PRESENTS: That SiriusPoint America Insurance Company, a New York corporation, having its principal office in
the City of New York, pursuant to the following Resolution, which was adopted by the Board of Directors of the Company, to wit:
RESOLVED, that the President, Senior Vice Preside., Chief Financial Officer, Secretary or Assistant Secretary is hereby authorized to execute Powers
of Attomey appointing as attomeys-in-fact selected employees of certain surety companies who shall have the power for and ea behalf of dre Company to execute
and affix the seat of the Company to surety contracts as co -surety.
Does hereby nominate, constitute and appoint:
John E. Rosenberg, David C. Rosenberg, Matthew J. Rosenberg, Harry C. Rosenberg, Harry G. Rosenberg, David A. Johnson, David A. High, Denise M.
Bruno, Stephanie S. Helmig, James M. Disciullo, John M. Wescott, Melissa J. Hinde, Elizabeth P. Cervini, Jonathan F. Black, Julia R. Burnet,
Elizabeth B. Pendleton
Its We and lawful attomey-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed; any and all bonds, contracts, agreements of
indemnity, and other undertakings in suretyship (NOT INCLUDING bonds without a fixed penalty or financial guarantee bonds) and to bind the Company thereby as
fully and to the same extent as if same were signed by the duly authorized officers of the Company, provided, however, that the penal sum of any one such
instrument executed hereunder shall not exceed the sum of
550,000,000 single bond limit
All acts of said attomeys-in-1 pursuant to the authorities herein given are hereby ratified and confirmed. The
executive officers listed above in the
Resolution may from time to time and at any lime remove any such appointee and revoke the power given to him or her.
The execution of such bonds or undertakings in pursuance of these presents, within one year of the date of issue of these presents, shall be binding upon
said Company, as fidly and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company
at its office in New York, New York, in their own proper persons.
iN 1YITNESS �YHEREOF, Si siPionint America insurance Company has caused its corporate seal to be hereunto affixed, and these presents to be
signed by its Secretary this 7th day of August in the year 2023.
SiriusPoint America Insurac Company
Melissa . Ralph
Secretary
ss.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal.
Stale (New Jersey
County of Monnrauh
1, Melissa J. Ralph, Secretary, of SiriusPoinl America Insurance Company, a New York corporation, do hereby certify that'
above and foregoing is a
full, true correct copy of Power of Attomey, is still in force and effect and has not been revoked.
TNAEJA E LEWIS-SCOTT
NOTARY PUBLIC
STATE OF NEW JERSEY
MY COMMISSION EXPIRES MARCH 31, 2028
COµmisgiat.15(1208541
IOAF NESS WHEREOF, I have hereunto act my hand and affixed the scat of said Company this 20th day of flay, 2024
M use J. Ralp
Secretary
Tallgrass Terminals, LLC, USR15-0059 (PL2394, #2016-2082)
Improvements Agreement, Performance Bond #SUR0034443
Argonaut Insurance Co.
$2,400.00
Approve Release of Performance Bond #SUR0034443 in the amount
of $2,400.00 issued by Argonaut Insurance and Accept Replacement -$2,400.00
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, NY 10007 $2,400.00
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