HomeMy WebLinkAbout20241857.tiffRESOLUTION
RE: APPROVE RELEASE OF CURRENTLY HELD COLLATERAL AND ACCEPT
REPLACEMENT COLLATERAL FOR SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT, USR14-0087 - TIMBRO RANCH AND CATTLE,
LLC, C/O BNN WESTERN, LLC (FORMERLY C/O WHITING OIL AND GAS
CORPORATION)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated April 22, 2015, the Board approved the application of
Timbro Ranch and Cattle, LLC, 5566 South Sycamore Street, Littleton, Colorado 80120,
do Whiting Oil and Gas, 1700 Broadway, Suite 2300, Denver, Colorado 80290, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0087, for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility
— saltwater injection facility) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Section 26, Township 10 North, Range 58 West of
the 6th P.M., Weld County, Colorado
WHEREAS, on January 27, 2016, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements 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 Timbro Ranch and Cattle, LLC,
do Whiting Oil and Gas Corporation, with further terms and conditions being as stated in said
agreement, and accepted collateral in the form of Performance Bond #RLB0016311, through
8 RLI Insurance Company, 8 Greenway Plaza, Suite 400, Houston, Texas 77046, in the amount of
$2,400.00, and
WHEREAS, on August 5, 2020, the Board of County Commissioners of Weld County,
Si* Colorado, approved release of collateral in the form of Performance Bond #RLB0016311, in the
ca amount of $2,400.00, reassigned the Improvements and Road Maintenance Agreement, and
wovim= accepted replacement collateral from the new owner, Timbro Ranch and Cattle, LLC, c/o BNN
,LLo
41i, Western, LLC, in the form of Performance Bond #SUR0060191, through Argonaut Insurance
Company, P.O. Box 469011, San Antonio, Texas 78246, in the amount of $2,400.00, and
gn�
am-
�� WHEREAS, staff received a letter from the applicant, Timbro Ranch and Cattle, LLC,
T,0 c/o BNN Western, LLC, requesting that the Board of County Commissioners consider releasing
N a the currently held collateral in the form of Performance Bond #SUR0060191, issued through
NNY Argonaut Insurance Company, in the amount of $2,400.00, and accepting replacement collateral
��ro= in the amount of $2,400.00, procured in the form of Performance Bond SPA150464_032, issued
by SiriusPoint America Insurance Company, 1 World Trade Center, 285 Fulton Street, 47th Floor,
Suite 47J, New York, New York 10007.
CER/MN/prt/pA/5TMkR/1.lvJ/CG) 2024-1857
0g/2 -(/.2`f PL2333
RELEASE CURRENTLY HELD COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL -
TIMBRO RANCH AND CATTLE, LLC, CIO BNN WESTERN, LLC (FORMERLY C/O WHITING
OIL AND GAS CORPORATION)
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that currently held collateral in the form of Performance Bond #SUR0060191,
issued through Argonaut Insurance Company, P.O. Box 469011, San Antonio, Texas 78246, in
the amount of $2,400.00, be, and hereby is, released, and replacement collateral in the form of
Performance Bond #SPA150464_032, issued through SiriusPoint America Insurance Company,
in the amount of $2,400.00, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to return said collateral to the appropriate issuing party.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of July, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COL@
ATTEST: ddthio Cd y�,1,K/,Weld County Clerk to the Board
BY: C` iu • W all t J L V -
APP
Deputy Clerk to the Board
ounty Attorney
'1
Date of signature:
D. Ross, Chair
erry L. B, k, Pro-Tem
Mike Freeman
XCUSED
ott K. James
on Saine
2024-1857
PL2333
/0-d-gg&I
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item — Release Currently Held Collateral and Accept Replacement Collateral for
Timbro Ranch and Catle, LLC c/o BNN Western, LLC — USR14-0087
DEPARTMENT: Planning Services DATE: June 4, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, BNN Western, LLC, requesting that the Board
of County Commissioners consider releasing the currently held collateral for USR14-0087 in the amount of $2,400.00
procured in for the form of Performance Bond No. SUR0060191 issued by Argonaut Insurance Company and accept
replacement collateral in the amount of $2,400.00 procured in the form of Performance Bond No. SPA150464 032 issued
by SiriusPoint America Insurance Company, a copy of which is hereto attached.
Weld County Planning Services has reviewed the above mentioned signed original document and collateral requirements
and recommends this release of collateral and acceptance of replacement collateral.
Weld County Collateral List:
Timbre Ranch and Cagle, LLC, c/o BNN Western, LLC,
(formerly c/o Whting Oil and Gas Corporation) — USR14-0087, PL2333
(PL2333 #2016-0408) Improvements Agreement
Performance Bond #RLB0016311
Noncanoellable and shall renew annually automatically $2,400.00
- Released Performance Bond #RLB0018311 -Reso 08/05/20 - 2 400.00
- Accepted Performance Bond #SUR0060191 — Reso 08/05/20 $2,400.00
- Reassigned improvements and Road Maintenance Agreement
to BNN Western, LLC — 08/05/20 — Contract ID #3953
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have Ns BOCC Hearing/lee be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the Regular Agenda.
Consequences:
• New development can pay their way for their impacts on the County Roadways, or the County will be required
to cover the costs of the new development's impacts on the roadways.
Impacts: ,
• New development with high traffic volumes impacts the County Road systems and causes wear and tear
more quickly than normal traffic volumes.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• New development will pay their proportional share of repairs and upgrades completed by the County and
the County will not be required to have a share in any improvements required if new development meet any
future traffc triggers.
Recommendation:
Option 2. The Departmenm of Planning Services is recommending approval of the release of collateral and acceptance of
replacement collateral for USR14-0087, and that this item be placed on the next regularly scheduled BOCC Hearing, as
part of the Regular Agenda.
Support Recommendation Schedule
Place on CC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Ternt%/
Mike Freeman
Scott K. James VI Ot, t trtlt,I,, M,1/
Kevin D. Ross, Chair t1(?'
Lori Seine
2024-1857
PL2333
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Yes - I support - thanks!
** Sent from my iPhone **
Scott James
Wednesday, June 5, 2O24 12:49 PM
Karla Ford
Lori Saine
Re: Please Reply - BOCC PA REVIEW - USR1S-OO21 — BNN Western
Scott K. James
Weld County Commissioner, District 2
115O O Street, P.O. Box 758, Greeley, Colorado 8O632
97O.336.72O4 (Office)
97O.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning
the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
On Jun 5, 2O24, at 12:35 PM, Karla Ford <kford@weld.gov>wrote:
Please advise if you support recommendation and to have department place on the agenda.
Karla Ford
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford a�.weldgov.corn :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m. **
<imageOO2.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is oddressed 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.
1
Cher§I Hoffe an
From:
Sent:
To:
Subject:
Attachments:
Jazmyn Trujillo Martinez
Wednesday, June 5, 2024 8:20 AM
Cheryl Hoffman; Dawn Anderson; Elizabeth Relford; Esther Gesick; Jessica Reid; Karla Ford; Nick Marquez; Ryan Sinatra
BOCC PA REVIEW - USR14-0087 — BNN Western
Signed PA & Collateral Replacement USR14-0087 BNN Western.pdf
ATTACHED BOCC PA REVIEW
Improvements Agreement: Release Currently Held Collateral and Accept Replacement Collateral
Case/Applicant: USR14-0087 —Timbro Ranch and Cattle, LLC c/o BNN Western, LLC
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
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
Tess Leases and Sales, LLC (PL2172, #2012-2745) USR12-0018
Improvements Agreement 10/1/2012
Temporary Waiver of Collateral
NO COLLATERAL AT THIS TIME
The Stroh Family Trust USR18-0084
(See OGG&S, LLC)
The Toy Barn, LLC — SPR20-0010 (PL2520, #2020-3046)
Road Maintenance Agreement
Approved 10/07/20 — Contract ID 4137
NO COLLATERAL AT THIS TIME
Thompson, Chester c/o LPT Holdings, LLC — SPR20-0011
(SEE THOMPSON, CHESTER)
Timbro Ranch and Cattle, LLC, c/o BNN Western, LLC, aORAO 'atZ3
(formerly c/o Whiting Oil and Gas Corporation) - USR14-0087. PL2333
(PL2333 #2016-0408) Improvements Agreement
Performance Bond #RLB0016311
Noncancellable and shall renew annually automatically
- Released Performance Bond #RLB0016311 -Reso 08/05/20
- Accepted Performance Bond #SUR0060191 — Reso 08/05/20
- Reassigned Improvements and Road Maintenance Agreement
to BNN Western, LLC — 08/05/20 — Contract ID #3953
•
$2,400.00
- $2,400.00
$2,400.00
Tires to Green Recycling Holding, LLC — SPR21-0002 (PL2520, #2021-2559)
Road Maintenance Agreement
Approved 08/25/21 — Contract ID 5211
N O COLLATERAL AT THIS TIME
Torres, Eduardo Salvador Rivera — USR19-0022 (PL2691, #2020-0575)
Improvements and Road Maintenance Agreement
Approved 02/12/20 — Contract ID 3385
N O COLLATERAL AT THIS TIME
Totems, Ben and Amy (PL2631, #2019-1514) USR18-0082
Road Maintenance Agreement (Contract ID 2578)
Approved 04/17/19 — NO COLLATERAL AT THIS TIME
Transmission Association, Inc. — USR18-0083
S ee Tri-State Generation
Tri-State Generation Transmission Association, Inc. (PL2520, #2019-0513)
U SR18-0079 — Road Maintenance Agreement — Approved 02/04/19
(Contract ID 2406)
N O COLLATERAL AT THIS TIME
Tri-State Generation and Transmission Association, Inc. — USR19-0070
(PL2739, #2020-1188)
Road Maintenance Agreement During Construction
Approved 04/22/2020 — Contract ID 3541
N O COLLATERAL AT THIS TIME
54
As of 05/28/2024
M:\COLLATERALLIST/COLLATERALDOC
CLERK TO THE BOARD
PHONE: (970)400-4227
FAX: (970) 336-7233
1150 O STREET
P. O. BOX 758
GREELEY. CO 80632
August 26, 2024
BNN Western, LLC
370 Van Gordon Street
Lakewood, Co 80228
RE: Release of Performance Bond #SUR0060191
USR14-0087 — Timbro Ranch and Cattle, LLC
c/o BNN Western, LLC
Dear Sir:
Enclosed please find copies of the letter to the insurance company and the released
Performance Bond #SUR0060191 and a copy of the Board of County Commissioner's Resolution.
dated July 8, 2024, authorizing the release of the Performance Bond in the amount of $2,400.00
for USR14-0087.
R 14-0087 .
If you have any questions, please contact me at (970) 400-4227, or email me at
choffman@weldgov.com.
V- , truly yours,
Cheryl L. off an
Deputy Clerk to the Board
Enclosure
cc: Dawn Anderson and Jazmyn Trujillo -Martinez. Department of Planning Services
Chris Gathman, Department of Planning Services
Clerk to the Board File PL2333
i
i
I.
N
it
w
O
w
a
O
w
z
a
1
1
1
1
1
1
N p-
u Er
a
a
I~- p
Q^
O ❑
IT' cr
a
a o
a
a
a
Ii
a
O
a
U.S. Postal Servicee"'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com'.
FFIC
l�
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic) $
❑ Certified Mail Restricted Delivery $
❑ Adult Signature Required $
❑ Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
$ i
ZIP+4
SENDER: COMPLETE THIS SECTION
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
isle Addressed to:
kiao
?ed#
64f -i-•4
/47o//
/Tx 7,02�
II 11111111111 IIIlIfl III IIII I IIII IIIIIIIIIN
9590 9402 8258 3094 6629 48
PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
Postm r
g)
COMPLETE THIS SECTION ON DELIVERY
A. S
atur
d by (Prig ed
Ft//
❑ Agent
❑ Addressee
fc.:.)1/4Dt D livery
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
O Artirla nli imhnr rTran fer from service label)
7021 1970 0000 9097 0497
3. Service Type
O Adult Signature
O�dult Signature Restricted Delivery
Certified Mail®
❑ "Certified Mail Restricted Delivery
❑ Collect on Delivery
O Collect on Delivery Restricted Delivery
d Mail
d Mail Restricted Delivery
500)
❑ Priority Mail Express®
0 Registered Mars,
O Registered Mail Restricted
Delivery
O Signature Confirmationim
O Signature Confirmation
Restricted Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053
eastatrissilNIMIS
Domestic Return Receipt
CLERK TO THE BOARD
PHONE: (970)400-4227
FAX: (970) 336-7233
1150 O STREET
P. O. BOX 758
GREELEY, CO 80632
August 26, 2024
Argonaut Insurance Company
Attn: Performance Bonds
P.O. Box 469011
San Antonio, TX 78246
RE: Release Performance Bond #SUR0060191 - USR14-0087 — Timbro Ranch and
Cattle, LLC, c/o BNN Western, LLC (formerly c/o Whiting Oil and Gas Corporation)
Dear Sir:
Enclosed please find the released Performance Bond #SUR0060191 and a copy of the
Board of County Commissioner's Resolution, dated July 8, 2024, authorizing the release of this
Performance Bond #SUR0060191 held as collateral in the amount of $2,400.00 for the above
referenced case.
If you have any questions, please contact me at (970) 400-4227, or email
choffman@weld.gov.
Very truly yours,
)
Cheryl L Ho man
Deputy Clerk to the Board
Enclosure
cc: BNN Western, LLC, 370 Van Gordon Street, Lakewood, CO 80228
Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services
Chris Gathrnan and Max Nader, Department of Planning Services
Clerk to the Board File PL2333
Bond No. SUR0060191
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
c
he
her
Commi
Colora
Thousan
United St
KNOW ALL PERSONS BY THESE PRESENTS, that BNN Western, LL
orporation, organized under the laws of the State of Colorado, wit
incipal office located at 370 Van Gordon St., Lakewood, CO
einafter called "Principal", and Argonaut Insurance qompany,
nafter called "Surety" are held and firmly bound unto Board
sioners of Weld County, Colorado, on behalf of We
hereinafter called "Obligee" in the full and pena
Four Hundred and No/100 Dollars ($2,400.00), lawfu
tes for the payment of which well and truly
ourselves, ur heirs, administrators, successors and assi
severally, mly by these presents.
a
its
0228,
f County
County,
sum of Two
money of the
ade, we bind
s, jointly and
WHEREAS, he above -bound Principal has obtai•ed or is about to
obtain from the obligee a land use permit, namely., insert the specific
permit and numbe - USR, SPR etc) USR14-0087 and pursuant to the
requirements of saipermit, has entered into an mprovements Agreement,
dated December 8, 20 with Obligee, and
WHEREAS, The Impr.',ements Agreement re
performance bond in an amnt equal to the
for which Principal is resp nsible and nam
g
ires Principal to obtain a
tal cost of the improvements
Obligee as beneficiary, and
WHEREAS, the value o improv ents for which Principal is
responsible equals Two Thou -nd F• r Hundred and No/100 Dollars,
($2,400.00), and
NOW, THEREFORE, THE CONDITION 0 THIS OBLIGATION IS SUCH, that if
Principal shall well, truly and ►aith ully perform its duties, and all of
its undertakings, covenants, trms, a d conditions as set forth in the
Improvements Agreement, and'f Principal shall satisfy all claims and
demands set forth in said a• eement, and. hall fully indemnify and save
harmless Obilgee from all •sts and damage which it may suffer by reason
of Principal's failure to /perform as agreed, , nd shall reimburse and repay
Obligee all outlay and e sense which Obligee `-y incur in making good any
default, then this obligation shall be null an. void;
PROVIDED FUR ►' R, that if Principal shall efault in any of its
Improvements obligations set fof�h in the Im
g p s Agreement and thereafter fail
to fully indemnif and save harmless Obligee from a costs and damages
which it may s fer by reason of said default, thi- obligation shall
remain in full orce and effect;
PROVIDED FU' . HER, regardless_ of the number of years this Bo • is in force,
or the numer of continuation certificates issued, the lia• ' lity of the
Surety sh. 1 not be cumulative in amounts from period to peri.• and shall
in no e -nt exceed the amount set forth above, or as amended b rider;
COLLATERAL
RELEASED NO LONGER REQUIRED by Board
of Weld County Commi-sinners
date. 1 �
2fr/a 4 -
by
Deputy CI -`! to 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 perform
ereunder, shall in any way affect its obligations on this bond, anit
do.'s hereby waive notice of any such change, extension of time, alterion
or .•dition to the terms of the Improvements Agreement,
OVIDED FURTHER, this bond is NONCANCELLABLE,
annuall
Obligee,
perform it
conditions
thereof which ay be granted by Obligee with or without n
automatically, from the date of this bond until its
o guarantee that Principal shall well, truly and
duties, and all of the undertakings, covenant
t forth in the Improvements Agreement and
and sh-7 1 renew
elease by
faithfully
terms, and
y extensions
ice to Surety.
The parties to. this Performance Bond acknowledge hat through the
Improvements Agre ent, Obligee reserves the right require Principal
to obtain a differ t Performance Bond from a finan al institution other
than Surety in the ent that the rating of Surety •y AM Best falls below
a B+ rating.
IN WITNESS WHEREOF, this nstrument is executein four (4) counterparts,
each one of which shall be :deemed an origina this 26th day of May, 2020.
Principal Secretary/Witness
S'ft3r
(SEAL)
•
r
witness as Surety, Maria D. .uniga
10100 Katy Freeway,
Address
Houston, TX 77043
Address
By.
By:
W=- : tern, LLC
p
al
Title eh
t Insur. ce Company
chard Coving'on, ttorney--in-Fact
400 P. . BOX 469011
Addr s
nio, TX 78246
IMPORTANT: urety company executing bond must appear on the ' easury
Departme s most current list (Circular 570 as amended) and
authori -d to transact business in the State of Colorado.
Bond ust be accompanied with Attorney -in Fact's authority from
surf y 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 B THESE PRESENTS: That the Argonaut Insurance Company. a Corporation duly organized and existing under the laws of th • tate
of Illinois and having i •rincipal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Marc W. Boots, Richard Covington, Vickie Lacy. Maria D. Zuniga, Joseph R. Aulbert, Ashley litaksir. Ryan Vare
Their true and lawful agent(s) and orney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, s I and deliver for
and on its behalf as surety, and as its . t and deed any and all bonds, contracts, agreements of indemnity and other undertakings in sure + hip provided,
however, that the penal sum of any one tch instrument executed hereunder shall not exceed the sum of:
This Power of Attorney is granted and is sign
Argonaut Insurance Company:
$85.000,000.00
and sealed under and by the authority of the following Resolution adopted by
"RESOLVED, That the President, Senior Vice Pres
authorized to execute powers of attorney, and such au
officer or attorney, of the Company, qualifying the atto
the act and deed of the Argonaut Insurance Company, all
nt, Vice President, Assistant Vice President, Secretary, Treasurer
ority can be executed by use of facsimile signature, which ma
or attorneys named in the given power of attorney, to e
nd undertakings and contracts of suretyship. and to a
Board of Directors of
d each of them hereby is
attested or acknowledged by any
ute in behalf of, and acknowledge as
the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has used its official seal to be hereunto affixed ' t these presents to be signed by its duly
authorized officer on the 8th day of May, 2017.
STATE OF TEXAS
COUNTY OF HARRIS SS:
On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of T
came THE ABOVE OFFICER OF THE COMPANY, to me personally know'
preceding instrument, and he acknowledged the execution of same, and bei
Company aforesaid, and that the seal affixed to the preceding instrument
signature as officer were duly affixed and subscribed to the said ins
adopted by the Board ofDirectors of said Company, referred to in th
as, in
be the inch
y me duly swo
e Corporate Seal of
it by the authority and di
•
•
S
Argonaut Insurance Company
f
C__ ;
by:
Joshua C. Betz , Senior Vice President
for the County of Harris, duly commissioned and qualified,
'dual and officer described in, and who executed the
deposed and said that he is the officer of the said
id Company, and the said Corporate Seal and his
tion of the said corporation, and that Resolution
receding instrument is now in
IN TESTIMONY WHEREOF, I have hereunto set my hand, an • ffixed my Official Seal at the County o . -s, the day and year first above written.
I, the undersigned Officer of the Argon
the foregoing is a full, true and correc
IN WITNESS WHEREOF, I hav
..4/14+JelL.tin %-rn . ,s1Yktatiskn
Insurance Company, Illinois Corporation, do hereby certify that the original POWER
opy is still in full force and effect and has not been revoked.
ereunto set my hand, and affixed the Seal of said Company, on the 26th day of May
t,t.
.� 9,
*��� '`SUR.4/�{ �,w
` �� •�,••...� c i
C� •
• aPGP,4 •
a
iO:SEAL :u:
,
.2.:
..
• 1948 . w
•
•
(Notary Public)
ATTORNEY of which
2020
t
d.7.wc.r
James Bluzard , Vice President -Su
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY ARE IN BLUE. IF YOU HAVE QUESTIONS
ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400.
IDED EbR.THER, that _ 2ri
cations set
WHEREAS,
This bond replaces Bond No. SUR0060191
Bond No. SPA150464 03
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that TALLGRASS WATER WESTERN,
LLC nrporatior., cr 3r,ized ndor the � ,
--- Lars _ the Stag. oil De�awatre.
witi 1.ts princ:..pal o.:t�._� located at 1.1550
Leaau, AS 66217 hereinafter
AMERICA INSURANCE COMPANY, af1 Wo
47th Floor, Suite 47J, New York, NY 10007, -.
are held and firmly bonnci unto Soard of C'cunty c;�mn.. ._.inners
County, lcra an L Fria [vela County,Cloraao,crere :a7
allad "Oblig-- in _hc r',≥ii ,d p n 1 s,1 . of. 'Iwo Thou gera Four Hundred
00 131s 2. a;2rt ra; - - :, _,. «he United States for
t
air tr
porn, a..
e
1
3 and ass
join._
nd SIRIUS
r, 255 Fult_
called
oursei
ra
Weld
firmly
above --bound Principal has obtained or is about to
..<� ;.a..1 ,I e oerm�t, namely iinse:t ,a _ specific
PPt et.c UStIA-00₹37, and u r .
c
WHEREAS, tt.e
r
Obligee,
and namlr.q Obligee as
anadnd Four Hundred and No/10; Doi
WHx: EAS, at completion of the Project `'crCollator
21T_, the iT.Oll( .�f Fun!-:. h:-1_iL•E.. v,.�Ced,
Gr i.Jlr 31amount thhoulbont
and ;hat be is 1 In
improvement;
NOW, THEREFORE, TLF: CONDITION Cl' THIS OBLIGATION IS S C,,
faithfully pe
to
dims,ige3
PROVIDED FURTHER,
forc r.hr. nunL
Surat 3:1:9
rider;
se of the
fall detault in any of its
.:-.ent.s Trreecner.„. .--a::i ti•. rya
miess Obligee
cti
costs
..'-_'Ia...eiLr this Ob_7.g1t.
liability
amend
Pli CDP:D �.HEi i^_is and is i N;A{,CELLABLE, 3 d shall re
annually ,1-.o
Obligee, guaran
onderta
21.
thereof ,hict may °tants, ty ODIridee...h o
a tic! La! thfully
notico to
The parties to this Performance Bond acknowledge that through the
Improvements Agreement, Obligee reserves the right to require Principal
to obtain a different Performance Bond from a financial institution
other than Surety in the event that the rating of Surety by AM Best
falls below a B+ rating.
IN WITNESS WHEREOF, this instrument is executed in four (4)
counterparts, each one of which shall be deemed an original, this 17th
day of Max, 2024.
TALLGRASS WATER WESTERN, LLC
Principal
By:
it0,'
T�./
SIRIUSPOINT AMERICA INSURANCE COMPANY
i3-44 By l
Sloe s as to Surety Jame
Elizabeth B. Pendleton, Witness
595 E. Swedesford Road, Suite 350
Address
Wayne, PA 19087
Address
Sciullo, Attorney -in -Fact
1 World Trade Center, 285 Fulton Street
47th Floor, Sake 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
l(A'OW ALL M1Ih7V RV TNESE FAES&\TS: T1YI SiriusPdnl Ameriu huunoceGr+gq, a New Vah eorponlian, having iY princip.l eRu'n
the Clly ofNow Yuck, pursuant n the fdlmHnf RnWolion, which was adapted by the OaM alOktsraa aldu Gm{spty, b wit:
REdID1.YE0, 4a1 WC preWna, Saior Vier PnsWpa,ClielFkaaleialQlfiotr, Secretary Or AuivaM Saueury is herchy srabarwd btuauY Powers
ofAltomey ePPepolK ubrnaybh-Oq sAealW ssaplayrnefmsdn wNY e••4•"I•s who shall havelhe power Wrsnd on 6dulfofr4demparay to exaox
•M sf0n Iha rcalefaY GaryYW b awry anbxta ucaaurtay.
Doer Hereby nominate, mrwiwle aM sppoim:
tarn E, Rosea6esg, Devid C Resuberg, MaN.aw r Rosmbxg, carry C 0.esenbarg, elanY G. Rosenberg, Devid A Johnson, David A Nigh. Dar,isa M
Bruno. Srcphenx 5 Helmig, remea M, Diaciugo, fahn M, Wescwr, Melissa J Ibnd<, Eliubnh P. Grvini, farudr.n F. Bl+ek. !alit 0. Bwnn,
EGrabash B, Pendlemo
Rs awelldYw61 wm.ynr-Ou,b take, aaceulr, cad u1dNBwrFes eMan aaMhalr, aMn as uaxMOaM; arqu+d>II berda, eoanns, grwPxlas K
iladeawiry, d aakerssWnakkga a arnyAip(NDTR7CW-DNh3600dswxkwlaa bxad ppWyxBaaa dgura,rre 6eMa) •Mb bind rMGalgwny dweby u
luny saW b aM toot eua d if tame were signed y the a1Jy Mraiaat offxen of the GmMY. provided, rorre.er, aLM the pmsl aarx of try se each
esaurrat enuratMkeamda shag aw Booed dY tun of:
SSq;OpOyW :Ingle Geld Ymil
All xis alsaid allomeyniw.fan punuw b rAr audrpann herml grsa are hereby rui0ed cad confirmed The enemlive oRrrors lisbd above in ax
Raohaion mey f ume a jinx and u wry ysne rename ny such appoimm aN revoke the powc given tohinr n hv.
Thaexenxian d such bonds or uManakinfs n yursurce a(dxse present, wilNn orc ynr of the dun of iasuc d these pmeents, shag be binding upon
said GmP•nYss fd1Y+Mamp1Y, b all immts endPorposu.as itthry hM been dory execaYd and acknowledged by Ih<rquledY ekdrdaiRttrsortheGagny
al iY off in New Vpk, New York,M their owrprsyerpmpns
IH WITHLSS hYNERLOF, SiriusPdm Mxrica Irwuarxe Companyhss auscd qs mryorate seal:o be hercunio g(lutd, cad Ilxm presanes b be
Biped by its Se<leary dos ITIh Wry of Augurs in Ye yor7011.
SriuS(aaYn(M Arrarica Yunrenpr
k�le4ww A�Ralp s)ti)7/,.�•c��.
IN TESTIMONY WHEREOF,I have hercueto as my haM sod or.. my official cal
SYY of Now IeY%
Gunly ofMalmaWh
I, Melissa 1. Ralph, $KKlary, ofSirivaPoim America Nwranca Gngarry, a New York mryontims, do hereby cenify Ihat the shove and (oreguing is e
fill, Irve correct copy of Power o(Anomey, is still in faltt aM eRM std Iles tot been revallM
mEJ l t-sCOTr
STATE aF NEW JERst
NY �psypp p6s{tF„q hNREN J1, 2018
ROQDOSN
IN WITNESS WHEREOF, I have hereunto so my bald sod •RaN the uel of Bud c.o.'s.. 17th NYof May, 2024
ShinePoint America Inannmee Company
Statutory Statement of Admitted Assets, LiabSidee, and Capital and Surplus
As of December 31.2023 and 2022
(Sin millions, except share amounts)
2022
Admitted An.
Bonds, u amortized cost
Equity secutides, u lYtr value
Cash, cash equivalents end short-term investments
Other invested assets
Receivable for securities
Total cash and invested assets
insurance and reinsurance balances receivable
Reinsurance recoverable ou paid losses
Accrued interest and dividends receivable
Funds held by ceding companies
Deferred lax as.
Other assets
Total admitted assets
Liabilities
Loss and lass adjasmeent expense reserves
Unearned premiums
Commissions payable, contingent commissions and other similar charges
Contra liability for retroactive reinsurance ceded
Current federal income taxes payable
Retnstuanee payable on paid losses
Funds held under reinsurance trades
Provision for eeinsun tee
Cedd reinsurance premium payable
Other liabilities
Total liabilities
Gap.' and Step.
Common
outstanding
Gross value; 5,000 shares authorized,
issued
Gross paid -in sod contributed surplus
Segregated surplus
Unassigned sum.
Total espied and surplus
Total liabilities, capital and surplus
1,1272 S 902.1
112.6 96.5
291.4 151.6
170.2 172.9
1.8 62
1,703.3 1329.3
690.8
14.0
12.1
60.1
145
5.0
605.3
8.0
6.1
47.6
10.2
22.6
1,288.3 S 1,062.2
451.7 459.8
(1.0) -
(283.6) (307.3)
(0.1) 0.6
29.6 15.5
177.5 146.5
5.6 6.6
98.8 76.2
106.0 60.3
1,872.9 1,520.4
5.0
5.0
554.5 490.2
2.3 2A
65.1 11.1
626.9 508.7
the undersigned, being duly sworn, says, That he k the President of SiriusPoint America Insurance
Company; that said Company Is a corporation duly organized In the state of New York, and licensed and
engaged In the State of New York and has duly complied with all of the requirements of the laws of the
said State spoilable of the said Company and is duly qualified to act es 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 Mihulks, President
STATE OF NEBRASKA
DOUGLAS COUNTY `� �j
The foregoing instrument was acknowledged before me this tJ� v day of March, 2024 by Paul
Mihugn.
�v W
'Notary Trib1kSignature
Cole, 1,01\0 Mtf
Print Notary Public Name
Notary Seal
Contract Form
Entity Information
Entity Name*
BNN WESTERN LLC
Entity ID*
@00048728
Contract Name *
RELEASE CURRENT COLLATERAL AND ACCEPT
REPLACEMENT COLLATERAL USR14-0087 TIMBRO
RANCH AND CATTLE LLC C/O BNN WESTERN LLC
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
8365
Contract Lead
JTRUJI LLOMARTIN EZ
Contract Lead Email
jtrujillomartinez@weldgo
v.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
RELEASE CURRENT COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL USR14-0087 TIMBRO RANCH AND
CATTLE LLC C/O BNN WESTERN LLC PROCURED IN THE FORM OF PERFORMANCE BOND NO. SPR1 50464_032
ISSUED BY SIRUSPOINT AMERICA INSURANCE COMPANY
Contract Description 2
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
RN EY@WEL
DGOV.COM
Requested BOCC Agenda Due Date
Date* 06/15/2024
06/19/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
06/19/2025
Committed Delivery Date
Renewal Date
Expiration Date*
06/19/2026
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
ELIZABETH RELFORD CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
06/13/2024 06/14/2024 06/14/2024
Final Approval
BOCC Approved Tyler Ref*
AG 070824
BOCC Signed Date Originator
JTRUJILLOMARTINEZ
BOCC Agenda Date
07/08/2024
Hello