HomeMy WebLinkAbout20221530.tiffRESOLUTION
RE: APPROVE RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT
COLLATERAL AND NEW OWNERSHIP NAME FOR USE BY SPECIAL REVIEW
PERMIT, USR-1769 - NGL WATER SOLUTIONS DJ, LLC, FORMERLY HIGH SIERRA
WATER SERVICES, 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, by Resolution dated March 2, 2011, the Board approved the application of
Marcum Midstream 1995-2 Business Trust, dba Conquest Water Services, 8207 West 20th
Street, Suite B, Greeley, Colorado 80634, for an Oil and Gas Support Facility (Class II Oilfield
Waste Disposal Facility — saltwater injection facility and a water recycling facility) in the
A (Agricultural) Zone District, on the following described real estate, to wit:
Lots A and B of Recorded Exemption #4538; being
part of the S1/2 NE1/4 and the N1/2 SE1/4 of
Section 29, Township 11 North, Range 62 West of
6th P.M., Weld County, Colorado
WHEREAS, on May 9, 2011, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Marcum Midstream 1995-2 Business Trust, dba
Conquest Oil (C-8), with terms and conditions being as stated in said agreement, and accepted
Performance Bond #LPM9032150 from Fidelity and Deposit Company of Maryland, 1400
American Lane, Schaumburg, Illinois 60196, in the amount of $300,000.00, and
WHEREAS, on October 30, 2013, the Board of County Commissioners of Weld County,
Colorado, approved the release of a portion of said collateral, in the amount of $255,000.00, and
accepted Replacement Performance Bond #09065628, issued by Fidelity and Deposit Company
of Maryland, in the amount of $45,000.00, to serve as Warranty Collateral for a period of two (2)
years from the date of approval, and
WHEREAS, the Department of Planning Services received a letter from High Sierra Water
Services, LLC, dated August 13, 2020, requesting release of the currently held warranty collateral
for High Sierra Water Services, LLC, in the amount of $45,000.00, in the form of Performance
Bond #09065628, issued by Fidelity and Deposit Company of Maryland, 1400 American Lane,
Schaumburg, Illinois 60196, and accept replacement collateral provided by the current property
owner, NGL Water Solutions DJ, LLC, procured in the form of a Performance Bond #0233378,
issued by Berkley Insurance Company, 475 Steamboat Road, Greenwich, Connecticut 06830, in
the amount of $45,000.00, which was accepted and held in the Department of Public Works safe,
but not formally acted on by the Board of County Commissioners, and
4836779 Pages: 1 of 3
00/22/2022 10:41 AM R Fse:$0.00
Carly Koppee, Clark and Recorder, Wald County , CO
11111 Mk 111111
CC; FL-(TP/DA/5'rti/KR)
7/13/22
2022-1530
PL2109
RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL (USR-1769) -
NGL WATER SOLUTIONS DJ, LLC, FORMERLY HIGH SIERRA WATER SERVICES, LLC
PAGE 2
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services and the County Attorney's Office have reviewed the above -mentioned signed original
documents and Collateral requirements and recommends the release of collateral in the form of
Performance Bond #09065628, and formal acceptance of the replacement collateral provided by
NGL Water Solutions DJ, LLC, in the form of a Performance Bond #0233378, in the amount of
$45,000.00, and
WHEREAS, the Department of Planning Services received a request from NGL Water
Solutions DJ, LLC, dated April 6, 2022, requesting the Board of County Commissioners release
the currently held warranty collateral provided by NGL Water Solutions DJ, LLC, in the form of a
Performance Bond #0233378, issued by Berkley Insurance Company of 475 Steamboat Road,
Greenwich, Connecticut 06830, in the amount of $45,000.00, and accept replacement collateral
provided by NGL Water Solutions DJ, LLC, procured in the form of a Performance Bond #N-
9000075, issued by Indemnity National Insurance Company, 238 Bedford Way, Franklin,
Tennessee 37064, and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services and the County Attorney's Office have reviewed the above -mentioned signed original
documents and Collateral requirements and recommends the release of collateral in the form of
Performance Bond #0233378, and acceptance of the replacement collateral provided by
NGL Water Solutions DJ, LLC, in the form of a Performance Bond #N-9000075, in the amount of
$45,000.00.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a release of said collateral, in the amount of $45,000.00, in the form of
Performance Bond #09065628 from Fidelity and Deposit Company of Maryland, and Performance
Bond #0233378, issued by Berkley Insurance Company, be and hereby are, canceled and
released, and Replacement Performance Bond #N-9000075, issued by Indemnity National
Insurance Company, in the amount of $45,000.00, be accepted and retained as Warranty
Collateral.
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 parties.
4838779 Paws: 2 of 3
06/22/2022 10:41 AM R Fee:$0.00
Carly Kopp., Clerk and Raoorder, Weld County , CO
VIII WPII PINIC4hi I �ii�ik�yRfilrDi III II
2022-1530
PL2109
RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL (USR-1769) -
NGL WATER SOLUTIONS DJ, LLC, FORMERLY HIGH SIERRA WATER SERVICES, LLC
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of June, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d,,,,,A4,O�, •iC, e,:4.
Weld County Clerk to the Board
County Attorney
Date of signature: 61Ib/22-
4836779 Pages: 3 of 3
08/22/2022 10:41 AM R Fes:$0.00
Carly Kopp�f, Clerk and R�oord�r, Wild County CO
Bill
Sc. t K. James, Chair
2022-1530
PL2109
'1
KNOW ALL
York, the COL
AND DEPOSIT
JAMES M C
which are set forth o
constitute, and appoint
MCMAHON, Mark S
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
RED 13V
EN BY THESE PRESENTS That the ZURICH AMERICAN INS,,p,,?." " REav,
'NIAL AMERICAN CASUALTY AND SURETY COMA CKrs, VSYN 'E siOneCS
OMPANY OF MARYLAND a corporation 6OO- seD � t covo'(�
"LL, Vice President, in pursuance of at OA...el"'
GOUI1
the reverse side hereof and are hereby c O{ e\ pike
ynn GUERN, Susan J LATTARU
IGART, Sarah BROWN, Lindsey dat'.
,u W
__ -.,ver, Colorado,
EACH its true and lawful . gent and Attorney -in -Fact, to make, , s./l� th 6 _ surety, and as its act and
deed any and all bonds and\ ndertalungs, and the execution u y ��" Ck r .��u a of these presents, shall be as
binding upon said Companies, fully and amply, to all intents ai �eP ,._t.0 been duly ecuted and acknowledged by the
regularly elected officers of the RICH AMERICAN INSURAI its office in w York, New York , the regularly
elected officers of the COLONIAL ERICAN CASUALTY AND .,611TY COMPANY at its o e in Owings Mills, Maryland , and the
regularly elected officers of the FIDEL AND DEPOSIT COMPANY OF MARYLAND at its o ce in Owings Mills, Maryland , m their
own proper persons
The said Vice President does hereby certify that the extract set forth on the reverse sidett"iereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in
IN WITNESS WHEREOF, the said Vice -Press nt has hereunto subscnbed his er names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPAN COLONIAL AMERIC CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYL D, this 29th day of y, A D 2013
ATTEST
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Assistant Secretary
Enc D Barnes f Carroll
Vice resident
,lames
State of Maryland
City of Baltimore
On this 29th day of May, A 2013, before the subscnber, a Notary Public of the State of Maryland, duly comm�Sssioned and qualified, JAMES M
CARROLL, Vice President, d ERIC D BARNES, Assistant Secretary, of the Compames, to me personally known) be the individuals and officals
descnbed in and who executp�the preceding instrument, and acknowledged the execution of same, and being by me duly om, deposeth and saith, that
he/she is the said officer of . fifie Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seal f said Compare., and that
the said Corporate Seals . nd the signature as such officer were duly affixed and subscnbed to the said instrument by the authon and direction of the said
Corporations
IN TESTIM • Y WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fiist above wntten
Ca -z --2 -a
Constance A Dunn, Notary Public
My Commission Expires July 14, 2015
POA-F 020-0600B
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Arne V, Section 8, Attorneys -in -Fact The Chief Executive Officer, the President, or any Executive Vice President or Vi President
may, by en instrument under the attested corporate seal, appoint attorneys -in -fact with authonty to execute b ds, policies,
recognizances, tpulations, undertakings, or other like instruments on behalf of the Company, and may authonze any offer or such
attorney -m -fact to • ffix the corporate seal thereto, and may with or without cause modify of revoke any such appointment any
time "
CERTIFICATE �O��D by
I, the undersigned, ice President of the ZURICH AMERICAN � ` G��5 �a CS
CASUALTY AND SURE COMPANY, and the FIDELITY ANCIVI r-'-'' 1,0 O`►. � s iOn
foregoing Power of Attorney i till in full force and effect t.��seo coo
the By -Laws of the Companies is till in force O e`ck C001'°1
This Power of Attorney and C cate may be signed I 9 0 ®°
date.
goaCd
V
cne Board of
Directors of the ZURICH AMERICAN INSURANCE COMP.of December 1998
�,.- - G • tk to
RESOLVED "That the signature of the esident or a Vicc b OepUty `^ , 5 si ature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by csimilc on any ..tv'They Any s . ch Power or any certificate thereof beanng such
facsimile signature and seal shall be valid and bin on the ComyanyC ,
This Power of Attorney and Certificate may be si ed by facsimile under and .+y authonty of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY D SURETY COM', at a meeting duly called and held on the 501 day of
May, 1994, and the following resolution of the Board of Di ctors of the Fill LITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990
RESOLVED "That the facsimile or mechanically reproduced alsof the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Comp : , whether made heretofore or hereafter, wherever appeanng upon a
certified copy of any power of attomey issued by the Company, sl be \:lid and bmdmg upon the Company with the same force and effect
as though manually affixed
IN TESTIMONY WHEREOF, I have hereunto subscred my name and a i d the corporate seals of the said Companies,
this30th day of September _,20 13-
Thomas 0 McClellan, Vi,President
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Arti' . e V, Section 8, Attornevs-in-Fact The Chief Executive Officer, the President, or any Executive Vice President or V e President
may, by +,tten instrument under the attested corporate seal, appomt attorneys -in -fact with authonty to execute bsnda dies,
recognizances, tipulations, undertakings, or other like instruments on behalf of the Company, and may authonze any n ' ich
attomey-m-fact `a affix the corporate seal thereto, and may vvith or without cause modify of revoke any such appO— CaCd ,y
time " (�\, B \
CERTIFICATE \R
I, the undersigned, . Vice President of the ZURICH AMERICAN N V �\G�R 'Rea
CASUALTY AND SURE �, COMPANY, and the FIDELITY AND IX1 G Q \-�\�✓S�
foregoing Power of Attorney still in full force and effect on fuo\- - c,�� G.. -
the
By -Laws of the Companies i . still in force \CEP Oot,
of *le\d G� 0'w
This Power of Attomey and Ce ficate may be signed by ���
Directors of the ZURICH AMERICAN 1 SURANCE COMPAN 62`
% [ •� tKtO e
RESOLVED "That the signature of th' 'resident or a Vice Pi 'De vty �,..resi
and the Seal of the Company may be affixed b ' acsimile on any Po ..,f> y Any ch Power or any certificate thereof beanng such
facsimile signature and seal shall be valid and bin g on the Company
_.,.non of the Board of
sui day of December 1998
ature of a Secretary or an Assistant Secretary
This Power of Attomey and Certificate may be si_ ed by facsimile under an y authonty of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUAL D SURETY COM Y at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of ectors of the FI LITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990
RESOLVED "That the facsimile or mechanically reproduced e. of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Com , whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, s % 1 be • .lid and bmdmg upon the Company with the same force and effect
as though manually affixed
IN TESTIMONY WHEREOF, I have hereunto subscri d my name and a ed the corporate seals of the said Companies,
this 30th day of September 20 13
; ' yap(
Thomas 0 McClellan, \Viae President
**This bond supersedes and replaces Fidelity and Deposit Company of Maryland bond # 09065628**
responsible equals FortyFrveThousand
and 00/100 Dollars r
Bond No 0233378
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that
' 3773 Cherry Creek North Dnve
ame ) NGL Water Solutions DJ LLC , ( address Le 1000 Denver, CO 60206, a (corporation,
li+ ited liability company, etc ) Limitedu.mycompany, organized under the law:
of e State of CO , with its principal office located at
3773 Cherry Creek North Dnve �� „
(add -ss) Sw1e1000DenvPrCO8020g her LV� c611ed Principal , and (. ame
of surty)gerkleylnsuranceCompany, Of (add R H'�KHL ^��STEAMBOATROAD
T 06630 ,
hereina er called 'Surety' are ELEA`SED f
County Co, issioners of Weld Cc of.,_, (� COUI]NO LO
County, Co •rado, hereinafter c dat@; ��a���y�:oniNGEisRsiRciEneQrusnieD
by B°aid
sum of * !+ollars ($** ), la, by
payment of wh ch well and truladministrators, successors anc deputyCI k to the
by these present ^-.I I .,,
I'7 A I
WHEREAS, the =.•ove-bound Principal has obtain or _L_
obtain from the Obli•-e a land use permit, namely ,%insert the speciri,
permit and number - USSPR etc) USR-1769 C-8 , and pursuant
to the requirements of _id permit, has entered nto an Improvements
Agreement, dated May5,2011 with Obligee, and ;
WHEREAS, The Improvements Agreement r'quires Principal to obtain
a performance bond in an amou equal to �e total cost of the
improvements for which Principa is responsible and naming Obligee as
beneficiary, and
WHEREAS, the value of improve;. nts for which Principal is
NOW, THEREFORE, THE CONDITION 0THIS 0: IGATION IS SUCH, that if
Principal shall well, truly a o faithful'. perform its duties, and all
of its undertakings, covenan , terms, and onditions as set forth in
the Improvements Agreement, and if Principal shall satisfy all claims
and demands set forth in .id agreement, and all fully indemnify and
save harmless Obligee fr•. all costs and damage which it may suffer by
reason of Principal's :ilure to perform as agre_•, and shall reimburse
and repay Obligee all outlay and expense which Obl gee may incur in
making good any def_.lt, then this obligation shall .e null and void,
PROVIDED FURTHER,, that if Principal shall default in a of its
obligations set orth in the Improvements Agreement, anthereafter
fail to fully .ndemnify and save harmless Obligee from al'. costs and
damages whic it may suffer by reason of said default, thi .obligation
shall remain in full force and effect,
PROVIDED _ URTHER, that Surety, for value received hereby stipulates and
agrees hat no change, extension of time, alteration or addition o the
terms of the Improvements Agreement to the work to be performed
ther under, shall in any way affect its obligations on this bond, a
it••oes 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
*Forty Five Thousand and 00/100
**$45,000 00
No BI -10210g -el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
0
NICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully
KNO ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corpo . on duly
organizeand existing under the laws of the State of Delaware, having its pr rncipal office in Greenwich, CT, has made constituted
and appoi ed, and does by these presents make, constitute and appoint Donna M Planeta, Joshua Sanfo , Aimee R
Perondine, • Michelle Anne McMahon of Wilhs Towers Watson Northeast, Inc of Hartfor d, CT its true and . wful Attorney -
in -Fact, to sign is name as surety only as delineated below rid to execute, seal, acknowledge and deliver any :rid all bonds and
undertakings, wit the exception of Financial Guaranty In ULLA ttik -rat no single obligation shall teed Fifty Million
and 00/100 U S D i lars (U S $50,000,000 00), to the sar b ELEASED �O duly execute. and acknowledged by
the regularly elected o fleets of the Company at its prmcil y Board °f
LoivGER
date: liVeld co Un REQUIRED
This Power of Attorney s' .11 be construed and enforced tJ/ Com
e
without giving effect to the �nnciples of conflicts of la b�/• misslonerS rg
resolutions which were duly a . validly adopted at a me
�eputY Clerk °
RESOLVED, that, with respe to the Surety businss wrriti,,, , q the Boar, f
Executive Officer, President or a Vice President of the Company, in conJw..._ t
Secretary are hereby authonzed to e cute powers of attorney authorizing and qualif, ing the au.„ _ ,n
to execute bonds, undertakings, recog antes, or other suretyship obligations on .ehalf of the Company, ano _ ie
corporate seal of the Company to powe of attorney executed pursuant heiet., and said officers may remove any such
attorney -in -fact and revoke any power of attorney previously granted, and furth
RESOLVED, that such power of attorney lr is the acts of those named the `ein to the bonds, undertakings, recognrzances,
or other suretyship obligations specifically na d therein, and they have authority to bind the Company except in the
manner and to the extent therein stated, and further
RESOLVED, that such power of attorney revokes .. 1 previous powe. issued on behalf of the attorney -in -fact named, and
further
RESOLVED, that the signature of any authorized offic: and th= seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the e ecu:'on and delivery of any bond, undertaking, recognizance, or
other suretyship obligation of the Company, and such signatu and seal when so used shall have the same force and effect as
though manually affixed The Company may continue to ;ase or the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers o e Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments sh., be issued
IN WITNESS WHEREOF, the Company has caused ese presents to be rgned and attested by its appropriate officers and its
corporate seal hereunto affixed this 2nd day of J.ne 2020
\,5 Attest T Berkl urance Company
4OAN,
FL g By B
Berman
Executive Vice Pry idea & Secretary
STATE OF CONNEC UT )
ss.
after
admit
COUNTY OF F LD )
Sworn to before me, a N•. Public in the State of Connecncut, this 2nd day of June
and Jeffrey M Hatter w are sworn to me to be the Executive Vice President Secretary, and
respectively, of Berld " Insurance Company M' g,Tu auei icy
corirl=crieur
MY C°lgit IQN EXPIRE$
Ai,. 30, 2024
CERTIFICATE
I, the under : fined, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the f: egomg is a
true, corn t and complete copy of the onginal Potter of Attorney, that said Power of Attorney has not been revoked or escuaded
�authonty of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this 'ewer of
ched, rs m full force and effect as of this date
der my hand and seal of the Company, this 13th day of Au us y��� , 2020
020 by Ira S Lederman
error Vice President,
otai7,/ Public, State of Connecticut
Vincent P Forte
Inquiry and Notification Rider
LULLA 1 crvAL
Be ley Surety Group, LLC of weld RELEASED NO LONGER ' IRED -
for a . of the surety business date: A�� is loners by guard
Acadia nsurance Company by
Compan , Carolina Casual Deputy Cie
to the : oard
Insurance •mpany, Union rn5�..e.ut ., q ,
Western Grou . Insurance Company.
To verify the aut ntieity of this board plea • calla
(973) 775-5021 or • lefax (973) 775-502 .
Any written notices, inqu . •ies, claims demands to the surety on
the bond to which this Ride is attac - d should be directed to:
erkiley Sure z . Gro p9 LLC
412 Mt. Ke le veo
Suite 310
Morrist;.4 .'. ta, NJ 079 0
Atten : on: Surety CZai s epartme
?,J
r
Telefax: (866) 408-2421
Please in de with all notices the bond number and the ame of
the prix ipal on the bond. Where a claim is being asserted ► ease
set fo,- h generally the basis of the claim. In the case of a pay„ent
or .-=rformance bond please identify the project to which the bo d
p: rtains.
BERKLEY SURETY GROUP
***This bond replaces and supersedes Berkley Insurance Company Bond No 0233378***
Bond No N-9000075
EXECUTED IN QUADRUPLICATE
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that
(n ame)NGL Water Solutions DJ LLC, (address) 865 N Albion St , Suite 400, Denver, CO
80220, a (corporation, limited liability company, etc ) Limited Liability Company,
organized under the laws of the State of Colorado, with its principal office
located at (address) 865 N Albion St , Suite 400, Denver, CO 80220,hereinafter
called "Principal", and (name of surety) Indemnity National Insurance Company, of
(address of surety) 238 Bedford Way, Franklin, TN 37064, 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 Forty -Five Thousand and No/100
Dollars ($45,000 00) , lawful money of the United States for thepayment of
which well and truly made, we bind ourselves, our heirs, administrators,
successors and assigns, jointly ana severally, firmlyby 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) USR-1769(C-8), and pursuantto the
requirements of said permit, has entered into an Improvements
Agreement, dated May 5, 2011, 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 Forty -Five Thousand and No/100 Dollars, ($45,000 00)
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 saia agreement, and shall fully indemnify and
save harmless Obllgee 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, 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 reserved 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 1st
day of March, 2022
NGL Water Solutions DJ LLC
Principal
Pi�incipal Secret y/Witness
11015t0AMCKa r ,exR ViVIu MICIOA
G IMOIcQAIl5el 50- y
(SEAL)
Tony Nguyen
2121 Sage Road, Suite 145
Address
Houston, TX 77056
Address
By.
Tit 1 e UndAT C3riAge5,EgachveVaProda-
ahtd c ee now.u6ker
(INSURANCE COMPANY NAME)
Indemnity National Insurance Company
By
JohHohlt, Attorney -an -Fact
238 Bedford Way
Address
Franklin, TN 37064
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 pond
Indemnity NationaClnsurance Comyany
238 Bedford Way
Franklm, TN 37064
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS that Indemmty National Insurance Company, a Mississippi corporation,
(heremafter the "Company"), does hereby constitute and appomt '"'John L Hohlt, Jack Meikle, Ellis McConn, Senia Hernandez,"'
'""Bruce Denson of Cobbs Allen Capital, LLC dba CAC Specialty to be
its true and lawful Attorney -in -Fact, with full power and authonty hereby conferred to sign, seal, and execute on its behalf surety
bonds or undertakings and other documents of a similar nature issued m the course of its business up to a penal sum not to exceed
Ten million dollars ($10.000.000 00) each, and to bmd the Company
thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company
This appointment is made under and executed pursuant to and by authonty of the followmg Minutes of Special Actions Taken by
Wntten Consent of the Board of Director;, which is now m full force and effect
Authorization to Appomt Attomevs-m-Fact and the Use of Facsimile Signatures and Facsimile Seals for the Purpose of Issumg Bonds
RESOLVED That the president or any vice president may appoint attomeys-m-fact or agents with authonty as defined or limited m the
mstrument evidencing the appomtment m each case, for and on behalf of the Company to execute and deliver and affix the seal of the
Company to bonds and related obligatory certificates and documents, and any one of said officers may remove any such attomey-m-fact or
agent and revoke any power previously granted to such person, whether or not such officer appomted the attomey-m-fact or agent
RESOLVED That any bonds and related obligatory certificates and documents shall be valid and bmdmg upon the Company,
(i) when signed by the president, or any vice president, and sealed with the Company seal, or
(u) when duly executed and sealed with the Company seal by one or more attomeys-m-fact or agents pursuant to and within the
limits of authonty evidenced by the power of attorney issued by the Company to such person or persons a certified copy of which
power of attorney must be attached thereto m order for such obligation to be bmdmg upon the Company
RESOLVED That the signature of any authorized officer and the seal of the Company may be affixed to any power of attorney or
certification thereof authorizmg the execution and delivery of any bonds and related obligatory certificates and documents of the Company
and such signature and seal then so used shall have the same force and effect as though manually affixed
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Indemnity National Insurance Company has been affixed thereto m Lexmgton, Kentucky this 20th day of August, 2021
Indemmty National Insurance Company
By
State of Kentucky
County of Fayette
On this 20th day of August, 2021, before me, a Notary Public, personally came Thomas F Elkins, to me known, and aclmowledged that he is
President of Indemnity National Insurance Company, that he lmows the seal of said corporation, and that he executed the above Power of Attorney
and affixed the corporate seal of Indemnity National Insurance Company thereto with the authonty and at the direction of said corporation
Thomas F Elkins, President
By 4109.7.1. CA
Notary Public
My Commission Expires 09/26/2025
CERTIFICATE
I, James E Hart, Secretary of Indemmty National Insurance Company, do hereby certify that the foregomg Power of Attorney is still m full force and
effect, and further certify that the Mmutes of Special Actions Taken by Wntten Consent of the Board of Directors are now m full force and effect
IN TESTIMONY WHEREOF I have subscribed my name and affixed the seal of said Company Dated this 1 st day of March , 20 22
NOTARY ACKNOVVLEDGMENT OF SURETY:
State of Texas}
County of Harris}
On this the 1st day of March , 2022, before me, Senia Hernandez, the undersigned officer,
personally appeared John L Hohlt known to me(or satisfactorily proven) to be the person whose name
is subscribed as Attorney -In -Fact for Indemnity National Insurance Company, and acknowledged thats/he
executed the same as the act of his/her principal for the purposes therein contained
In witness whereof I hereunto set my hand
Sem Hernandez, Notary Publi
My Commission Expires January 25, 2026
CANCEL COLLATERAL - HIGH SIERRA WATER SERVICES, LLC
PAGE 2
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 parry
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 30th day of October, A D , 2013
BOARD UNTY COMMISSIONERS
WELD C COLORADO
ATTEST
Weld County Clerk to the Board
County Attorney
Date of signature 05115
Garcia,
Chair
Liu tro, ,
Dougla Radema er, Pro-Tem
arfiara Kirkmeyer
3978022 Pa9eS' R241 Z1
97802013 12 54 A R_ 41 $oll& county co Ml ll l
Slevo Moreno. Clerk and Recorder,
� 11�
2013-3068
PL2109
MEMORANDUM
TO: Clerk to the Board
DATE: 10/17/2013
FROM: Richard Hastings, Public Works Department
SUBJECT: BOCC Agenda Item: Partial Release of
Collateral and Approval of New Ownership Name
High Sierra Water Services, LLC — (USR-1769)
Request for Partial Release of Collateral and Approval of New Ownership Name_
The Department of Public Works received a request from the applicant, Rae Chi isman/High Sierra Water Services,
LLC, requesting the partial release of collateral and to begin the two-year warranty period, for the improvements to
the site, located at CR's 77 and 126
Weld County Public Works Department previously had performed a site inspection, at the above mentioned site,
and observed the following
• All Public Works transportation related items on Exhibit A, of the Improvements Agreement, Document #
2011-1116, have been completed and are found to be acceptable
The Department of Public Works received a request from the applicant, Dale Butcher/High Sierra Water Services,
LLC, to transfer the existing Improvements Agreement, Document # 2011-1116, from the ongmal ownership name
of, Marcum Midstream 1995-2 Business Trust dba Conquest Oil (C-8) to High Sierra Water Services, LLC
Weld Counts, Collateral List
Marcum Midstream 1995-2 Business Trust, dba Conquest Oil (C-8)
(PL2109) (#2011-1116) USR#1769 hnprovementsAgrint
Performance Bond #LPM9032150 from Fidelity and Deposit
Company of Maryland
Noncancellable — renews automatically until released $300,000 00
Recommendation
The Departments of Public Works and Planning Services are recommending approval of the above -mentioned new
ownership name, and the partial release of collateral, as shown above from the Weld County Collateral List, in the
amount of $255,000 00 Weld County will retain a balance of $45,000 00 to serve as Warranty Collateral for a
period of two years from the date the Board of County Commissioners approves this request high Sierra Water
Services, LLC will submit replacement/warranty collateral m the form of a Performance Bond (#09065628) from
Fidelity and Deposit Company of Maryland in the amount of $45,000.00
pc Don Carroll, Weld County Public Works
Kim Ogle, Weld County Planning Services
M 1PLANNING -- DEVELOPMENT REVIEW1—Pre-Accela Referrals (Old Numbenng)1USR-Use by Special Review\USR-1769 Conquest C-8 Injection
WelhImprovements AgreementlPartial Collateral Release 8c New Ownership Name (High Sierra USR-1769)- New MEMO docx
X0/3-306 g
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
HIGH SIERRA WATER SERVICES, LLC
USR-1769
iii. 1
THIS AGREEMENT, made and entered into this 3Qday of Cehber ,Revs,
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and High Sierra Water Services, hereinafter called
"Property Owner "
WITNESSETH
WHEREAS, Property Owner's the owner of, the following descnbed property in the
County of Weld, Colorado
Lots A and B of Recorded Exemption AmRE-4538,
being part of the S1/2 NE1/4 and the N1/2 SE1/4 of
Section 29, T1 IN, R62 West of the 6th P M , Weld
County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has acquired land use permits from County for an Oil and Gas
Support Facility (Class II - Oilfield Waste Disposal Facility- saltwater injection facility and a
water recycling facility) on approximately 10 acres on the above descnbed real property, and the
County is currently in the process of considenng a Use -by -Special Review for the Property
(USR-1769), and
"WHEREAS, the Property Owner acknowledges that the issuance of USR-1769 is conditional
upon Property Owner's performance of the on -site and/or off -site improvements which are
descnbed in this Agreement and depicted in the Plat Map and the set of accepted Construction
Plans provided electromcally by Property Owner, copies of which shall be attached to this
Agreement as they become available and made a part hereof, as Exhibits C and D, respectively,
and
WHEREAS, Property Owner acknowledges that it may not engage in any activity descnbed in
USR-1769 and/or any activity related to the businesses descnbed above until said improvements
have been completed, and
WHEREAS, the parties agree that Property Owner shall complete the improvements within time
(3) years of the County's approval of USR-1769, and
WHEREAS, the parties agree that Property Owner shall provide collateral for all on -site and off -
site improvements required by this Agreement When the Property Owner submits and receives
approval of an application for a Grading 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
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,2ai3 -3D68
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows
A Required Off -Site Improvements
1 0 Weld County Road 77: The Property Owner shall be responsible for the
construction of certain on -site and off -site safety improvements which shall include* construction
of adequate turning radii sixty (60) feet, drainage and signage installations at the main entrance
and exit onto WCR 77, as Indicated on the accepted Construction Plans The applicant, or its
successor, shall construct a nght turn deceleration lane with tapers and a left turn decelerahon
lane with tapers on County Road 77, prior to commencement of operations at the site, both
deceleration lanes are shown on the submitted plat The applicant, or its successor, shall
construct a nght acceleration lane will be required when the trigger of 50 vehicles per the peak
hour turn right out of the facility. 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"
2 0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements, as specified above in Section A 1 0, on WCR 77, and for any
construction improvements mandated by the Colorado Department of Transportation (hereinafter
"CDOT") and/or the County, and for all expenses associated therewith. These responsibilities
include, but are not limited to the followmg design, survey, utility locates, present and future
nght-of-way clearances and permits, coordination with oil and gas operators and facilities,
affected railroad facilities and affected irngation facilities, traffic control, and project safety
dunng construction Property Owner shall obey all applicable regulations issued by the
Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado
Department of Public Health and Environment, (hereinafter "CDPHE") and other regulatory
agencies
3 0 Engineering Design and Construchon Plans All engmeenng designs and
Construction Plans provided by Property Owner shall include, at a minimum, ingress/egress
entrance intersection layouts, existing and proposed grading, drainage designs, storm drainage
pipe sizings and inverts, a cross section of the base/asphalt, approach roads, and adequate turning
radii, and pavement markings. In addition a geotechnical asphalt pavement design to
accommodate heavy truck traffic, prepared by a Professional Engineer licensed to practice in
Colorado, is required for WCR 77 These Plans, when reviewed and accepted by the Weld
County Engineer, shall be a part of the Plans, which are a part of this Agreement If applicable,
all plans showing work within the State Highway Right -Of -Way shall be reviewed and accepted
by the Colorado Department of Transportation, pnor to the start of construction For all
construction in the County nght-of-way, pnor to the issuance of any access permit or nght-of-
way permit, a construction schedule giving times and locations of all proposed improvements
shall be provided to Public Works for review and acceptance
4 0 Construction Standards All construction and materials controls for a project and
any designated improvements shall conform to the requirements in effect at the time of the
completion of the improvements set forth in the "Standard Specifications for Road and Bndge
Construction" provided by CDOT
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5 0 Traffic Control Pnor to construction in the County and/or State nght-of-way and
as a condition of issuance of any access permit or nght-of-way permit, the applicant shall submit
a traffic control plan for County review Dunng construction, signage shall be posted to
accordance with the then current version of the "Manual of Uniform Traffic Control Devices"
6 0 Off -Site Dust Control/Abatement and/or Paving (If Applicable): County will
determine the proportionate share of dust control and/or paving costs to be paid by Property
Owner The proportional share is based upon the ESAL calculation method to determine the
impacts of traffic volumes created by the Property Owner (or their contractors, clients, tenants,
or customers) The amount and extent of dust control and paving measures will be determined by
site specific conditions at the time, as determined exclusively by County personnel In order to
accurately determine percentage of Property Owner haul truck traffic, the County reserves the
nght to install traffic counters on the dnveway(s) of their facility The percentage of haul truck
traffic utilizing County roads in the vicinity of the site attributable to Property Owner (or their
contractors, clients, tenants, or customers) activities will be determined by traffic counts
conducted by the County on the primary and requested alternate or revised haul routes The
County will have sole responsibility for determination of the percentage of truck traffic on all
affected roads
7 0 Future Improvements' Future improvements to the haul route(s) may be required
by County for reasons related to changes in site activity or truck circulation patterns and
numbers, roadway classification changes, and newly permitted facilities affecting the haul route
traffic usage Property Owner shall address all Colorado Department of Transportation (CDOT)
access issues associated with afore -mentioned haul route Future CDOT or County mandated
measures may include improvements to the intersections of WCR 124 and WCR 77, WCR 126
and WCR 77, or any other intersections or roadways then utilized by Property Owner as a result
of the establishment of a new haul route Property Owner shall pay a proportionate cost share
based on the ESAL calculation method using then current data on the haul route in the
implementation of the above -mentioned improvements County personnel alone shall make all
determinations regarding the "gathenng of and use of traffic data when making decisions
regarding cost shanng
8 0 Timing of Improvements Property Owner shall not be required to complete the
aforementioned offsite improvements as descnbed in Section A 1.0 until the occurrence of the
tnggenng event for each improvement, namely the application for the grading permit or Right -
Of -Way access permit resulting from the commencement of activities on the property(s) At that
time, Property Owner agrees that the required collateral will be posted and all on -site and offsite
improvements shall be completed within the parameters established m Section E -7 2 and Exhibit
B, herein
9 0 Acceptance of Off -Site Improvements: Upon completion of the off -site
unprovements, High Siena shall contact a representative of the Weld County Department of
Public Works and request an inspection of the off -site improvements descnbed in Paragraph
A 1 0-2.0 above The County's representatives may then initiate the acceptance process set forth
in Paragraphs E 6 0, sections 6 1-6.3
9 1 All references in this Agreement to "Acceptance of Improvements" shall
refer to the County confirming completion of said improvement(s)
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according to the accepted Construction Plans By accepting any
improvement, the County does not thereby accept said improvement for
purposes of future maintenance, nor does the County accept any present or
future responsibilities or obligations relative to these improvements
B. Haul Routes.
1 0 Established Haul Routes.
1 1 Exiting or entenng the site. Haul trucks shall enter or exit the site at the
approved access onto WCR 77
1 2 No haul truck may exceed CDOT required specifications for pounds per
axel
1 3 In unusual or rare occasions, if particular projects mandate deviation from
the above -mentioned haul route for a limited penod of time (which is
defined in the Agreement as a penod of not more than thirty days), which
shall be established by County at the time that the deviation is allowed If
County approves such deviation, trucks 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 penod shall be subject to the terms of Paragraph 4.0 of this
Section B In the event that haul trick traffic, in excess of 15% of the daily
facility truck tnps, utilizes alternate haul routes, the provisions of
Paragraph 4 0 of this Section B shall be triggered
2 0 Haul Route Signage Property Owner shall install haul route signs at all exit
points of the Property which can be clearly seen by dnvers leaving the facility and which clearly
depict County approved haul routes
3 0 No Deviation from Permitted Haul Routes: No deviation in the use of any roads
other than those specifically authonzed for use in this Agreement is permitted without the pnor
wntten amendment of this Agreement
_ 4 0 Effect of Future Changes to Haul Routes: In the event that County is requested
by Property Owner or site operator to approve the use of an additional access, new haul route, or
an alternative haul route as a result of a change in Property Owner's site activities and/or truck
circulation patterns, and if the alternative or additional access or haul route utilized any unpaved
portion of County roads, and if County determines that dust control or paving is required on the
unpaved portion of said haul route roads, Property Owner agrees that dust control or paving
measures to protect the public health, safety, and welfare shall be instituted County will
determine the proportionate share of dust control and/or paving costs to be paid by Property
Owner based upon then current truck trip counts that identify traffic loading due to Property
Owner -sourced traffic. The amount and extent of dust control and paving measures will be
determined by site -specific conditions at the time, as determined exclusively by County
personnel
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C. Road Maintenance Requirements
1 0 Obligation to Maintain Current and Future Haul Routes Property Owner agrees
to excavate, repair, or patch any damage on current or future haul route roads, which in the sole
opinion of County has been created by heavy truck hauling from the Property. Should Property
Owner's site activities and/or should Property Owner's truck 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 The type and method of repair will be determined by the County Engineer or his
representative, and shall require a wntten amendment to this Agreement executed by County and
Property Owner All repairs shall commence within thirty (30) days of receipt of Weld County's
written notice
2 0 Annual Road Inspection. County will conduct a road inspection annually with the
cooperation of Property Owner and all other Property Owners 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 improvement/maintenance work is to be performed dunng that construction
season
3 0 Future Road Replacement: At any time in the future, it, 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 restoration
based on the number of then current truck tnps entenng or exiting Property Owner's site onto the
haul route
4 0 Shanng of Road Maintenance Responsibilities with Other Property Owners It is
anticipated that Property Owner and other Property Owners and/or Lessees subject to agreements
similar to this Agreement will perform the required road maintenance work and will share in the
equipment, labor, and matenals required. Any such shanng arrangement between Property
Owner and other Property Owners and/or Lessees shall be conducted pursuant to separate
agreements between the Property Owner and other Property Owners and/or Lessees County
shall approve the Agreements only to determine whether the required
BE improvements/maintenance projects have been adequately addressed County alone shall
determine the sufficiency of all road improvement/maintenance projects when completed.
�
o
U 15 5 0 Violation of Terms of Agreement If Property Owner does not perform as
outlined in this Agreement and Exhibits A and B, such non-performance will constitute a
violation of Property Owner's land use permits granted by County, and County will take
m m whatever remedial measures it deems necessary against Property Owner In addition to any other
F41,57, 57, remedy available to the County in law or equity, a failure to comply with this Agreement shall be
o r2 considered grounds for setting a probable cause hearing according to the procedures described in
�LL �2 Section 2-0-40 of Weld County Code Revocation of USR-1769 as it now exists or may, from
time to time, be amended is a remedy which County may Impose
ma"
m D On -Site Improvements:
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a �
1 0 Landscaping Requirements* Property Owner shall landscape and/or maintain the
landscaping and re -seeding of the property where applicable as shown on the accepted
Construction Plans and USR-1769 plat map Specifically, Property Owner shall at its own
expense, plant, mstall and maintain all trees, grass and shrubs and other landscapmg and
reseeding where applicable as shown on the accepted Construction Plans and USR-1769 plat
map. Additionally, the Property Owner shall install and maintain fencing to screen the property
where applicable as indicated on the accepted Construction Plans and USR-1769 plat map In
the event any of these improvements may include work extending into the County Right -of -Way
in which case 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 roadway portions, accesses, easements
and parkmg areas, and install accepted drainage and signage components, adjacent to or within
the intenor portion of the property in accordance with the directives of the Weld County
Department of Public Works and Department of Planning Services, as further descnbed in the
accepted Construction Plans and USR-1769 plat map The mam entrance improvements will
include, a paved vehicle tracking pad, extending from WCR 77 through the traffic flow lanes
(entrance and exit) of the unloading area, or supply a tracking pad from the unloading area with
two cattle guards placed back-to-back across the entire width on the exit lane, including the
paved access entrance to ensure a complete revolution of the truck tires and to minimize the
tracking of mud and debns onto WCR 77 No paving of the entrance lane will be required if the
second option above is utilized 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 onsite improvements Refer to Section A , paragraph 1 0 of this agreement
for specific paving requirements extending into the facility site from WCR 77. 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 County Right -Of -Way in
which case a Right -Of -Way or access permit is required
3 0 Temporary Improvements The following improvements are needed to mitigate
temporary offloading activities (defined as acceptance of oil field waste water for storage and/or
injection for a penod of 6 months starting on the date of execution of this Agreement) as
requested by the Property Owner.
3 1 Completion of construction of the onsite stormwater detention pond as
shown on the approved construction plans and,
3 2 Completion of the construction of the temporary spill containment berm
around the temporary storage tanks with capacity for capture of 150
percent (one hundred and fifty percent) of the volume of the largest tank
plus freeboard capacity to also capture a volume of stormwater equal to a
3 -inch rain storm over the bermed area
3.3 The Applicant shall prevent the tracking of mud or other debns from their
site onto the County roadways In the event mud or other debris is tracked
onto the roadway, the Applicant shall provide street sweeper or other
appropriate removal of the nuisance.
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4 0 Timing of Permanent Improvements Property Owner shall not be required to
initiate the landscaping requirements until the occurrence of the tnggenng event for all
improvements, namely the approval of the grading permit by the County No grading permit will
be released until collateral is posted for all on -site and 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 pnor 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 wnting 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, as indicated in Section D 20 above shall be
completed within the parameters established to Section E 7 2 and Exhibit B
4 1 Timing of Temporary Improvements Property Owner shall complete
construction of the on -site improvements described in Section D.3 of this
Agreement pnor to commencement of the temporary offloading activities
50 Acceptance of On -Site Improvements Upon completion of the on -site
improvements, Property Owner shall contact the County Department of Planning Services and
the County Department of Public Works and request an inspection of the on -site improvements
descnbed in Paragraph D 1 0 and D 2 0 above The County's representatives may then initiate
the process for "Acceptance of Improvements" set forth in Paragraph E 6 0, sections 6 1-6 3
E General Requirements
1 0 Engmeenng Services Property Owner shall furnish, at its own expense, all
engmeenng 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 engmeenng 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 engineenng 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
13 Property Owner shall furnish construction drawings for the road
improvements on public nghts-of-way or easements and all improvements
intenor on the Property for approval pnor to the letting of any construction
contract
2 0 Rights -of -way and Easements Before commencing the construction of any
improvements herein agreed upon for public rights -of -way or easements, Property Owner shall
acquire, at the sole expense of Property Owner, good and sufficient nghts-of-way and easements
on all lands and facilities traversed by the proposed improvements All such nghts-of-way and
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easements used for the construction of roads to be accepted by the County shall be conveyed to
the County and the documents of conveyance shall be furnished to the County for recording
3 0 Construction Property Owner shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and USR-1769 Plat Map, be solely
responsible for the costs listed on Exhibit "A", and described in parts A and D of this agreement,
which are attached hereto and/or incorporated herein by reference, with the improvements
intenor to the Property being completed by the dates set forth on Exhibit "B" (On -Site), and
improvements to public rights -of -way or easements being completed also m accordance with the
schedule set forth in Exhibit "B" (Off -Site) The Board of County Commissioners, at its option,
may grant an extension of the time of completion set forth in Exhibit B stated herein upon
application by the Property Owner
3 1 Said construction shall be in stnct 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, RMCC
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
3 3 At all times dunng said construction, the County shall have the nght to
test and inspect, or to require testing and inspection of matenal and work,
at Property Owner's expense Any material or work not conforming to the
accepted plans and specifications, to include 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
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 all off -site 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 anses 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 m construction of the
improvements shall maintam adequate worker's compensation insurance and public liability
insurance coverage, and shall operate in strict accordance with the applicable laws and
regulations of the State of Colorado governing occupational safety and health
5 0 Warranty of On -Site and/or Off -Site Improvements. Property Owner shall
warranty all improvements to public rights -of -way (if any), and all pnvately created and
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maintained roads or nghts-of-way, or easements, and all on -site improvements for a penod of
two (2) years The warranty penod shall begin only after the County's execution of a wntten
acceptance of the improvement(s)
60 Acceptance of On -Site and/or Off -Site Improvements by the County Upon
compliance with the following procedures by the Property Owner, the improvements shall be
deemed accepted by the County
61 If requested by the Property Owner and approved by the County, portions
of the improvements may be placed m service when completed according
to the schedule shown on Exhibit "B," but such use and operation shall
not, alone, constitute an acceptance of said portions of the improvements
62 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 Applicant
63a Upon completion of the construction of the required off -site
improvements, and the filing of a Statement of Substantial Compliance by
Property Owner's engineer, Property Owner may, as set forth in Paragraph
A 90, request in wntmg that the County inspect the improvements and
recommend to the Board of County Commissioners that the improvements
be accepted and further that the two-year warranty period begin Upon
completion of the two-year warranty penod, the County Engineer shall,
upon request by the applicant, inspect the subject improvements, and
notify Property Owner of any deficiencies If any deficiencies are
discovered, the Property Owner shall correct the deficiencies The County
Engineer shall reinspect the improvements after notification from Property
Owner that said deficiencies have been corrected If the County Engineer
finds that the improvements are constructed according to County
standards, he or she shall recommend full acceptance. Upon a receipt of a
positive unqualified wntten recommendation from the County Engineer
for acceptance of improvements within the USR, the Board of County
Commissioners shall fully accept said improvements
63b Upon completion of the construction of the required on -site
improvements, and the filing of a Statement of Substantial Compliance,
when necessary, by Property Owner's engineer, Property Owner may, as
set forth in Paragraph D 40, request in wntmg that the County inspect the
improvements and recommend to the Board of County Commissioners
that the improvements be accepted and further that the two-year warranty
penod begin Upon completion of the two-year warranty penod, the
County Engineer and/or the Weld County Department of Planning
Services shall, upon request of Property Owner, inspect the subject
improvements, and notify Property Owner of any deficiencies If any
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deficiencies are discovered, Property Owner shall correct the deficiencies
The County Engineer and /or the Department of Planning Services shall
reinspect the improvements after notification from Property Owner that
said deficiencies have been corrected If the County Engineer and/or
Department of Planning Services find that the improvements are
constructed according to County standards, he or she shall recommend full
acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer and/or the Department of
Planning Services for acceptance of improvements within the USR, the
Board of County Commissioners shall fully accept said improvements
7 0 General Requirements for Collateral
7 1 County requires Property Owner to provide collateral to guaranty all of
Property Owner's obligations under this Agreement (1) Project Collateral
for completion of all improvement descnbed m this Agreement shall be
provided separately for on -site improvements and oft≤ -site improvements,
(2) Warranty Collateral required for all improvements during the warranty
phase, and (3) Road Maintenance Collateral Of Applicable) to be kept in
place for the life of the permit.
7 2 Project Collateral submitted to Weld County to guarantee completion of
the improvements identified on the accepted Construction Plans and
USR-1769 Plat Map and further enumerated in the costs listed in Exhibit
"A", must be equivalent to One -Hundred percent (100%) of the value of
the improvements as shown in tlus Agreement Collateral for Off -Site
improvements that extend partially off -site as mentioned in Section A.1.0
(if any) or D2 0 of this Agreement that include only improvements
involving turning radii and approaches can be included as part of the On -
Site collateral amount, if clearly delineated on accepted Construction
Plans and differentiated as "Entrance Improvements" on Exhibit "A" On -
Site Improvements of this Agreement. Such collateral shall be provided to
the County on the dates set forth herein and shall be held in total by
County as provided in Paragraph E 7 3 below until all improvements have
been completed
7.3 Warranty Collateral for all on -site and off -site improvements shall be
submitted to County and shall be held in total by the County for two (2)
years following its wntten acceptance of the improvement(s).
7 4 In the event Property Owner fails to adequately complete and/or repair
improvements associated with this Improvements Agreement, County will
access, in its sole discretion, Project or Warranty Collateral to the extent
necessary to complete said improvements or repairs in order to preserve
public interest
7.5 Road Maintenance Collateral shall be submitted to County upon the
release of the warranty collateral by the Board of County Commissioners
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Road Maintenance Collateral is held for use on roads associated with the
designated haul route The amount of the collateral required for road
maintenance shall be established by the Weld County Department of
Public Works based upon its determination of the anticipated expenses,
and its determination of the amount shall be final Road maintenance
collateral shall be held by County as long as this Agreement is in effect
and returned to the Property Owner upon vacation of associated land use
agreement or permit The Road Maintenance Collateral will only be
accessed by the County, if upon notification to Property Owner of required
roadway repairs, Property Owner fails to perform said repairs If any of
this collateral shall be collected by County, Property Owner shall replace
the amount, plus interest, within six (6) months
7 6 Road Maintenance Collateral shall be adjusted annually, dunng the month
of January, for inflation The first adjustment shall be made no less than
twelve months after, and in no event later than twenty-four months from
the execution of this Agreement The adjustment shall be equal to the
inflation rate based on the "Colorado Construction Cost Index Report" as
published by the Colorado Department of Transportation
7 7 Acceptable Project Collateral shall be submitted when the Property
Owner submits an application for the Grading Permit or Right -of -Way
Right -Of -Way Access Permit pnor to commencement of Site Preparation,
as herein defined
7 7 1 No grading or building permits shall be issued for any site related
activities, on the property and no Site Preparation shall commence
until cost eshmates for all improvements are updated and collateral
is provided in the amount of One -Hundred percent (100%) of the
then current value of the improvements to be completed, and the
development plans are revised to comply with all current County
standards, policies and regulations. The improvements shall be
completed within the time schedule set forth in Exhibit "B", which
is attached hereto and made a part of this Agreement "Site
Preparation" shall mean earthwork grading or performance of
work, or construction or installation of improvements related to
Applicant's operations pursuant to USR-1769 that require a
grading or building permit from the County pursuant to the Weld
County Code In the event that the Improvements outlined in this
Agreement and Exhibit A are not completed within one year of the
execution of this Agreement Weld County may require Property
Owner to obtain current cost figures for one or more of the
Improvements
7 8 Collateral may be in the form of an irrevocable letter of credit (LOC) in an
amount equivalent to one -hundred percent (100%) of the total value of the
improvements set forth in the Improvements Ageement and the Plat, the
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.',
LOC shall be subject to the requirements of Weld County Code Section 2-
3-30 B The Property Owner shall utilize only a County approved form
when obtaining a LOC. (IRREVOCABLE STANDBY LETTER OF
CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO) A copy of said form shall be provided to
Applicant upon request
7 9 Collateral may be in the form of a surety bond given by a corporate surety
authorized to do business in the State of Colorado in an amount equivalent
to one hundred percent (100%) of the value of the improvements set forth
in the Improvements Agreement and the Plat The surety bond shall
conform to and be subject to the requirements of Weld County Code
Section 2-3-30 B.2 The Property Owner shall utilize only a County
approved form when obtaining a surety bond (PERFORMANCE BOND
FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO) A copy of said form shall be provided to Applicant upon
request
7 10 Collateral may be in the form of a cash deposit made with the Board in an
amount equivalent to One -Hundred Percent (100%) of the value of the
improvements set forth in the Improvements Agreement In the event the
applicant is required to warranty the improvements, the applicant shall
replace the ongmal deposit with a deposit in the amount of fifteen percent
(15%) of the original amount and those funds shall remain available to the
County until released by the County at the end of the warranty penod
7 11 The Board of County Commissioners reserves the right to reject collateral
which is deemed inappropnate or msufficient, which may be either as
collateral in the form of a letter of credit offered by a banking institution
which does not have at least a "three star" rating given by Bauer Financial,
or as collateral in the form of a performance bond offered by an insurance
company which does not have at least a B+ rating given by A M Best
The Board further reserves the nght to require Property Owner to obtain
replacement collateral if the rating of the financial institution providmg
said collateral drops below the levels stated above. Replacement collateral
shall be submitted by Property Owner within sixty (60) days of the
Board's notice to Property Owner that the rating has fallen and that the
collateral must be replaced Property Owner may not terminate existing
collateral until replacement of collateral has been secured
8 0 Request for Release of Collateral Collateral shall be released in accordance with
the provisions of Weld County Code Section 2-3-30 C Pnor to release of collateral for the entire
project or for a portion of the project by Weld County, the Property Owner must present a
Statement of Substantial Compliance from an Engineer registered in the State of Colorado The
Statement of Substantial Compliance shall state that the project or a portion of the project has
been completed in substantial compliance with accepted plans and specifications documenting
the following
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8 1 The Property Owner's Engineer or his representative has made regular
on -site inspections dunng the course of construction and the Construction
Plans utilized are the same as those accepted by Weld County
8 2 For the improvements to public nghts-of-way or easements, test results
must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials
sampling, testing and inspections found in CDOT Matenals Manual
8 3 "As -built" plans shall be submitted at the time the letter requesting release
of collateral is submitted The Property Owner's Fngmeer shall certify
that the project "as -built" is in substantial compliance with the plans and
specifications as accepted, or that any material deviations have received
pnor wntten acceptance from the County Engineer
8.4 The Statements of Substantial Compliance must be accompanied, if
applicable, by a letter of acceptance of maintenance and responsibility by
the appropnate utility company, special distnct or town for any utilities
85 A letter must be submitted from the appropnate Fire Authority, if
apphcable, indicating the fire hydrants are in place in accordance with the
approved plans. The letter shall indicate if the fire hydrants are operational
and state the results of fire flow tests
8 6 The requirements in the paragraphs 8 0 through 8 5 shall be noted in the
final Construction Plans
8 7 Following the submittal of the Statement of Substantial Compliance and
wntten recommendation of acceptance of the improvements by the Weld
County Department of Planning Services and the Weld County
Department of Public Works, the Property Owner (if Property Owner has
supplied any or all of the Lollateral) may request release of the collateral
for the project by the Board This action will be taken at a regularly
scheduled public meeting of the Board
8 8 For all off -site and on -site improvements (including improvements to
public nghts-of-way or easements), the wntten request for release of
"Project Collateral" shall be accompanied by "Warranty Collateral" in the
amount of fifteen percent (15%) of the value of the improvements as
shown in this Agreement However, collateral for improvements fully
accepted for maintenance by a responsible governmental entity, special
district or utility company will be fully refunded to Property Owner
8 9 Following the wntten request for release of the "Warranty Collateral", the
Weld County Department of Planning Services and the Weld County
Department of Public Works County shall inspect the on -site and/or off -
site improvements If the improvements need mitigation or further repairs
are required, said work must be completed prior to the conclusion of the
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Warranty penod The "Warranty Collateral" shall be released to the
Property Owner following the expiration of the warranty penod upon final
written acceptance by the Board of County Commissioners
8 10 "Road Maintenance Collateral" (If Applicable) for roads associated with
the designated haul route shall be maintained as long as the USR is active
It shall be adjusted annually by the inflation rate based on the "Colorado
Construction Cost Index Report" as published by the Colorado
Department of Transportation Road Maintenance Collateral shall be
adjusted annually, dunng the month of January, for inflation The First
adjustment shall be made no less than twelve months after, and in no event
later than twenty-four months from the execution of this Agreement.
9 0 Successors and Assigns: This Agreement may not be delegated, transferred or
assigned in whole or in part by Property Owner without the express wntten consent of County
and the wntten agreement of the party to whom the obligations under this Agreement are
assigned Consent to a delegation or an assignment will not be unreasonably withheld by County
In the event of sale of the Property, County may agree to release Property Owner in whole or m
part from obligations under this Agreement County's nghts and obligations under this
Agreement shall automatically be delegated, transferred or assigned to any municipality which,
by and through annexation proceedings, has assumed junsdiction 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
10 0 County Engineer All references in this Agreement to "County Engineer" shall
refer to any individual or individuals appointed by the County Engineer to act on his/her behalf
11 0 Violation of Terms of Agreement If m County's opinion, Property Owner has
violated any of the terms of this Agreement, County shall notify Property Owner of its belief that
the Agreement has been violated and shall state with specificity the facts and circumstances
which County believes constitute the violation. Property Owner shall have fifteen (15) days
within which to either cure the violation or demonstrate compliance If, after fifteen (15) days
have elapsed, County believes in good faith that there has been a violation of the terms of this
Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of
this Agreement Violations of the terms of this Agreement include violations of the agreements
contemplated by Paragraphs C 4 0 & C 5 0 of this Agreement, and a failure to enter into such
Agreements in a timely manner
F Termination of Agreement
1 0 Termination Event This Agreement shall terminate upon the earliest of the
following events'
1.1 Cessation of all Permit Related Activities Termination of this Agreement
shall occur upon Operator's complete cessation of all activities permitted under USR-
1769 or any amendments thereto A partial cessation of activities shall not constitute a
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Termination of this Agreement, nor shall County's issuance of a partial release constitute
a Termination Operator shall provide wntten notice to Property Owner and County of
said cessation of activity, which County shall then venfy If wntten notice is not provided
to County, Termination of this Agreement shall not occur until County has determined
that the Use by Special Review is inactive, which shall be three (3) years following
County's observance of the cessation of activities, as provided in Sec 23-2-200.E of the
Weld County Code
1 2 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR-1769 by New Property Owner
This Agreement shall terminate following County's execution of a new improvements
Agreement According to Policy Regarding Collateral for Improvements — USR-1769
with a new Property Owner who has purchased the Property, and intends to make use of
the nghts and privileges available to it through the then existing USR
13 Execution of Replacement "Improvements Agreement Accordin_g to
Policy Regarding Collateral for Improvements — USR-1769 by New Operator. This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR-1769
with a new operator who has assumed the operation of the business on the Property
which business activities are permitted by the then existing USR
2 0 Termination Procedures
2 1 Termination Procedures Following Cessation of Permit Related Activities
Following the events outlined in paragraph 1 1 above, County shall conduct its annual
road inspection. Said road inspection shall be conducted on or before May 31 following
the announcement or determination of the cessation of permit related activities on the
Property The results of the inspection shall be delivered in wnting to the Property Owner
and Operator If the County determines that pursuant to the terms of this Agreement, the
Operator must complete any of the tmprovements and/or road maintenance obligations
outlined herein, said obligations must he cnrnpleled within a reasonable period of time
thereafter, but in no event later than six (6) months following the determination that
permit related activities have ceased Collateral shall not be released by County until such
time as county determines that all of the improvements have been completed
2 2 Termination Procedures Pursuant to Transfer of Ownership of the
Property or Transfer of Operations. If the Property Owner or Operator desires to assign
its rights and obligations under this Agreement to a successor Property Owner or
Operator, the Property Owner or Operator shall, pnor to the transfer, provide County with
a wntten Notice to Transfer, stating the date of transfer, and identifying the party to
whom the transfer shall be made Following receipt of the Notice to Transfer, County
shall inspect the improvements required under the terms of this Agreement to determine
whether the improvements have been completed. If the improvements have not been
completed, the Property Owner and/or Operator shall either complete the improvements
or post collateral equal to the cost of the completion of the improvements, if such
collateral is not in place If collateral is available at the time, County shall hold a heanng
to determine whether the collateral should be called upon to pay County or a contractor
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of the County to complete the improvements County shall also inspect the road(s) which
are covered by this Agreement to assess the current condition of the road(s) and
determine whether Operator and/or Property Owner would be required to perform road
maintenance within the following twelve months had the Agreement not been assigned. If
road maintenance is, in the opinion of County, required, Property Owner and/or Operator
shall be required to either perform the road maintenance or to post collateral equal to the
cost of said maintenance County shall not execute a new Improvements Agreement
According to Policy Regardmg Collateral for Improvements — USR-1769 with a
successor Property Owner and/or Operator prior to the performance of the road
maintenance or the posting of collateral for said maintenance, unless the new Property
Owner and/or Operator posts collateral for the required maintenance
30 Consequence of Termination by Cessation of Permit Related Activities.
Following County's confirmation that Property Owner and/or Operator has/have ceased all
permit related activities and has/have completed previously uncompleted Improvements and or
completed any required road maintenance, County shall release Property Owner and/or Operator
from all further obligations under this Agreement No Further permit related activities shall be
permitted unless and until approved by County following execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR-1769 with a
Property Owner and Operator
40 Consequence of Termination by Execution of Replacement Improvements
Agreement Following County's execution of an Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR-1769 with a successor Property Owner
and/or Operator, the predecessor Property Owner and/or Operator shall have no further nghts
and/or obligations under this Agreement or m USR-1769
5 0 Consequence of Termination Pursuant to Paragraph E 11,9 In the event that
activities related to USR-1769 cease as a result of the revocation of the permit as described in
Paragraph E 11 0 of this Agreement, neither Property Owner nor Operator will be released from
any of the obligations imposed by the terms of this Agreement only after Property Owner's
successful completion of all improvements required under this Agreement or after County
accesses the collateral to the extent necessary to complete improvements County, in its sole
discretion, deems necessary to preserve public interests
G. 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, nghts, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq , as
applicable now or hereafter amended
H Enforcement If, in the County's opinion, Property Owner has violated any of the terms
of this Agreement, County shall notify property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which the County believes
constitute violation Property Owner shall have thirty (30) days within which to either cure the
violation or demonstrate compliance If, after tlurty (30) days have elapsed, County believes in
good faith that a violation of the terms and conditions of this Agreement still exists (despite -
cure), County may enforce by any legal means, including, but not limited to, legal action for
equitable or monetary relief filed in the Weld Distnct Court, execution upon submitted collateral
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(if applicable), and/or administrative action of the County to suspend or revoke the underlying
land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld
County Code Violations of the terms and conditions of this Agreement include, but are not
limited to, violations of the agreements Property Owner must enter into as required by this
Agreement, and/or failure to enter into such agreements in a timely manner
I No Third' Party 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 stnctly reserved to the undersigned parties, and nothing contained m
this Agreement shall give or allow any claim or nght 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
J Authority to Sign Each person signing this Agreement represents and warrants that he or
she 19 duly authon7ed 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 authonzed and that the
Agreement is a valid and legal agreement binding on such party and enforceable m accordance
with its terms If requested by the County, Property Owner shall provide the County with proof
of Property Owner's authority to enter tnto this Agreement within five (5) days of receiving such
request
3978022 Pages 19 of 21
11/14/2013 12 54 PM R Fee $0,00
Steve Moreno Clerk and Reoorder, Weld County, CO
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above wntten
PROPERTY
OWNERS
SIGNATURE
PRINTED NA
TITLE (If Applicable) Oe.e /�,�J744.
S'L'ATE OF COLORADO
ss
County of Weld
The foregoing instrument was acknowledged before me this atay of c.pieti,,6.'c
2013, by DOvili aS V), (A)
WITNESS my hand and official seal
My commission Expires
SIGNATURE
Notary Public
Vozq�,,to�`�
PRINTED NAME
TITLE (If Applicable)
STATE OF COLORADO )
) ss
S County of Weld )
a�
®vim The foregoing instrument was acknowledged before me this _ day of
v�3r„2013, by
, 3 -
o
N LL d g WITNESS my hand and official seal.
ova ro E Notary Public
aver=
My commission Expires
11Ntt.
2.i9
Y
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���, ® Agrecment-High Sierra Water Services -Final (9-23-13) docxPage 18 of 19
LESSEE
SIGNATURE
PRINTED NAME _
TITLE
STATE OF COLORADO
SS
County of Weld
The foregoing instrument was acknowledged before me this _ day of
2013, by
WITNESS my hand and official seal
Notary Public
My commission Expires'
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
,,)--)6a-)e---
Weld County Clerk to the Board
BY
APPROVED AS TO FORM
�4
William E Garcia, Chair
unty Attorney
OCT 3 0 2013
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,-70/,.--.5.46 d
Bup7iczte Original
CE3 .
r
Thss bend -replaces bond no LPMeoe2150 issued Spy Fidelity and Deposit -
Company of Maryland on 4/13/2011
Bond No 09065628
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that (name)High 8merra water
Services, LLC, (address)3773 Cherry Creek Drive North, Suite 1000,
Denver, CO 80209, a (corporation, limited liability company,
etc.)Limited Liability Company, organized under the lays of the State
of Colorado, with its principal office located at (addzess)3773 Cherry
Creak Drive North, Suite 1000, Denver, CO 80209, hereinafter called
"Principal`', and (name of surety)Fedelity and -Deposit Company o£
Maryland, of (address of surety)1400 Amermcan Lane, Schaumberg, IL
60196, 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 Forty Five Thousand and 00/100 Dollars ($45,000.00), 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)USR-1769 (C-8) , and pursuant to the
requirements of said permit, has entered into an Improvements
Agreement, dated May 5, 2011, with Obligee, and
WHEREAS, The Improvements Agreement regperes 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 es
responsible equals Forty Veva Thousand an 00/100 Dollars, ($45,000 00)-
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION TS 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 Obligee from all costs and damages which it may suffer by
reason of Principal's failure to perform as agreed, and shall xeemburse
and repay Obligee all outlay and expense which Obligee may incur en
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, 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
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attnmevs-m-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written msMiment under the attested corporate seal, appoint attorneys -in -fact with authonty to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authonze any officer or any such
attorney -in -fact to affix the corporate seal thereto, and may with or without cause modify of revoke any such appointment or authonty at any
tune "
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND RFIRFTY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate, and I do further certify that Article V, Section S, of
the By -Laws of the Companies is still in force
This Power of Attorney and Certificate may be signed by facsimile under and by authonty of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998
RESOLVED "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney Any such Power or any certificate thereof beating such
facsimile signature and seal shall be valid and binding on the Company "
This Power of Attomey and Certificate may be signed by facsimile under and by authonty of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990
RESOLVED "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and bmdmg upon the Company with the same force and effect
as though manually affixed
IN TESTIMONY WHEREOF, I have hereunto subscnbed my name and affixed the corporate seals of the said Companies,
this 30th day of 9ePtember � 20 a.3
'oz o= 8QA6
�{ isea oky oce1
4y�
1(6 Ay/am
Thomas 0 McClellan, Vice President
Donna, Dechler
From:
Sent.
To:
Cc:
Subject:
Hi Donna
Rae Chnsman {rchnsman c@highsierraenergy corn]
Tuesday, November 12, 2013 4 08 PM
Donna Bechler
Dale Butcher, Cindy Haszier
C8 Performance Bond - Release
Per our phone conversation of this afternoon, please send the letter and subject Performance Bond that was secured by
Marcum Midstream to my attention at the address shown below
Thanks so much for your help In this regard
Sincerely,
Rae Chnsman
Director of Business Administration
High Sierra Water Services, LLC
High Sierra Water Permian, LLC
8207 W 20th St , Suite B
Greeley, CO 80634
877-893-2466
970-356-5560 PHONE
970-356-5563 FAX
,,,,.,�;r
e irON. I Ritik Witi,tit:OPi Z'a
November 12, 2013
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext 4227
FAX (970) 352-0242
P O BOX 758
GREELEY, COLORADO 80632
Attn Rae Chnsman,
High Sierra Water Services, LLC
8207 West 20th Street Suite B
Greeley, Colorado 80634
RE Partial Cancellation and release of Collateral for High Sierra Water Services, LLC , USR
#1769
Ms Chrisman,
On October 30, 2013, the Board of County Commissioners approved the partial cancellation and
release of collateral for High Sierra Water Services, LLC, f k a Marcum Midstream 1995-2 Business
Trust, dba Conquest Oil (C-8), USR #1769, in the amount of $300,000,00, as referenced above, and
accepted replacement collateral from Fidelity and Deposit Company of Maryland, in the amount of
$45,000.00, which shall be retained for two (2) years as warranty collateral Enclosed is a copy of
the Resolution signed by the Board of County Commissioners If you would like to receive a
recorded copy of the resolution, please contact the Recording Department at Weld County
Govemment I am enclosing the original Performance Bond No. LPM9032150 for $300,000 00, per
your instructions
If you have questions or need additional information, please do not hesitate to contact me at (970)
336-7215, Extension 4227
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By
41 -4 -4 —
Donna J Bec ler
Deputy Clerk to the Board
1
,VyP\�' 01,x.
0
I �
'�� Bond No LPM9032150
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
PERFORMANCE BOND FOR
G4 ,yKNOW ALL PERSONS BY THESE PRESENTS, that Marcum Midstream
,t. 'SO 1995-2 Business Trust , 8207 W 20th St , Suite B, Greeley, CO 80634 ,
a (corporation, limited liability company, etc ) ,
organized under the laws of the State of iy.A4u,A$v , with its principal
office located at 8207 W 20th St ,Suite B, Greeley, CO 80634 ,
hereinafter called "Principal", and Fidelity and Deposit Company of
Maryland , of 1400 American Lane, Schaumburg, IL 60196 ,
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 Three Hundred Thousand and no/100 Dollars ($ 300,000 00 ),
lawful money of the United States for the payment of which well and
truly made, we bind ourselves, our hears, 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) USR-1769 , and
pursuant to the requirements of said permit, has entered into an
Improvements Agreement, dated Awl 5,4-0/f , 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 Three Hundred Thousand and no/100 ,
($ 300,000 00 )
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 Obligee 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 of 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, 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 reserved the right to require Principal
to obtain a different Performance Bond from a financial institution
other than Surety in the event that they 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
13th day of April , 2011
Marcum Midstream 1995-2 Business
Trust ,Pr cip
By
Principal Secretary/Witness
(SEAL)
Witness as to Surety
D Westmoreland
PO Box 2992
Address
WiuhiLd, K9 67201
Ti le ty
Fidelity and Deposit Company of Maryland
Emily R rhune, Attorney -in -Fact
PO Box 2992
Address
Wichita, KS 6701
Address 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
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S
HEWETT, Vice President, and GREGORY E MURRAY, Assistant Secretary, in,;
V1, Section 2, of the By -Laws of said Companies, which are get forth
in full force and effect on the date hereof, does hereby no
Jana M. FORREST, Tim H. HEFFEL, Desire
TERHUNE, all of Wichita, Kansas mitt f≤
deliver, for, and on its beha s
such bonds or undece4
all intents and pure s, ire
Company at its offic
Scott T POST, Bret
WESTMORELAND, Kathleen A SNYDER, dated June 19, 2008
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VT,
Section 2, of the By -Laws of said Compames, and is now m force
LIN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 9th day of March, A D 2009
KNOW ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
((�� aryland, by DAVID S
u u ip:�•1it rity granted by Article
e hereby certified to be
, Bret S. BURTON,
YDER and Emily R
ey-m-Fact, to mace, execute, seal and
yall bonds and undertakings, and the execution of
ss all be as binding upon said Companies, as fully and amply, to
executed and acknowledged by the regularly elected officers of the
in their own proper persons This power of attorney revokes that issued on behalf of
ON, Jana M FORREST, Tim H HEFFEL, Erica M PLUMMER, Desiree E
re
l�
anc
0
aw
S
e
i
t
ATTEST FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
By:
Gregory E Murray Assistant Secretary David S Hewett Vice President
State of Maryland 1,s
City of Baltimore
On this 9th day of March, A D 2009, before the subscriber, a Notary Public of the State of Maryland, duly
comrmssioned and qualified, came DAVID S HEWETT, Vice President, and GREGORY E MURRAY, Assistant Secretary
01 the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written
.ilk 111 S\'rf`•,��.•
POA-F 076 6692A
2 ;
Constance A Dunn !Votary Public
My Commission Expires July 14, 2011
EXTRACT FROM BY -LAWNS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2 The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice-Prestdents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authonze any person or persons to execute on behalf of the Company any bonds, undertaking, recognmances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, and to affix the seal of the Company thereto "
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2 The Chairman of the Board, or the President, or any Executtve Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the ExeetitiVe Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -m -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, and to affix the seal of the Company thereto "
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate, and I do further certify that the Vice -President who
executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors
to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND
DEPOSIT COMPANY OP MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
This Power of Attorney and Certificate may be stgned by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary o1 the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed "
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this /274, day of .fipr/. /
Assistant Secretary
U;S..PosiAI Service,,
CERTIFIED MAIL, RECEIPT
./(Domestic,.Mail,Only; Provided) .', ,
'Fgr delitierOtformat oiitvi l our viebsiterit www.'us0s.corri�
it s
Postage
Certified Fee
J
SEAND"ER: comPCE`$E` pnrrrs SEcrION.
al Complete items 1, 2, and 3 Also complete
item 4 if Restricted Delivery Is desired
® Pnnt your name and address on the reverse
so that we can Tatum the card to you.
Attach this card to the back of the maliplece,
or orrthe front if space pemiits.
1 Artie. Addressed to
rflyiSienna lavier Seiv ce5 LGe
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terc;aruriea Malt O Express Mall
❑ Registered ❑ Return Receipt for Marchand.
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4 Restricted Delivery', Pala Fee) ❑ yes
2. Article Num.
f►tram kba9
7004 2890 0003 5709 8655
PS Fort 3811, Febntary+ 2004 Domestic Return Receipt
10251.02-AM540
New Contract Request
Entity Information
Entity Name*
NGL WATER SOLUTIONS DJ LLC
Entity ID*
O,00037831
Contract Name's
RELEASE HELD COLLATERAL AND ACCEPT REPLACEMENT
COLLATERAL NGL WATER SOLUTIONS DJ LLC USR-1769
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
5813
Contract Lead.
JTRUJI LLOMARTIN EZ
Contract Lead Email
jtrui;II°mannnez@weldgov c
om
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description.
RELEASE HELD COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL NGL WATER SOLUTIONS DJ LLC USR-1769 545,000 00
REQUIRED IN COLLATERAL PROVIDIDED 1N THE FORM OF PERFORMANCE BOND N-9000075, ISSUED BY INDEMNITY
NATIONAL INSURANCE COMPANY
Contract Description 2
Contract Type..
AGREEMENT
Amount
$45,000 00
Renewable.
NO
Automatic Renewal
i
i
i
Grant
I
I IGA
Department
PLANNING
Department Email
CM-PlanntngO,weldgov cam
Department Head Email
CM -Planning- Does Contract require Purchasing Dept to be included?
DeptHead0uveldgov com NO
Requested BOCC Agenda
Date.
05/18/2022
Due Date
05/14/2022
Will a wort session with BOCC be required?*
NO
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EYC WELDG
OV COM
, If this is a renewal enter previous Contract ID
If this is part of a NISA enter IIIISA Contract ID
Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts ate not in
On Base
Contract Dates
Effective Date
i
' Termination Notice Period
Contact information
' Contact Info
Contact Name Contact Type
Puichasing
� r -
Purchasing Approver
Approval Process
�_
Deparunent Head
TOM PARKO JR
DH Approved Date
05/18/2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
06/06/2022
Originator
JTRUJ I LLOMARTI NEZ
w 5' y1EZET
� tribe a�]'d 66 xa
Review Date
05/18/2023
Committed Delivery Date
r _r
Renewal Date
Expiration Date*
05/18/2024
Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Fnance Approver
CHERYL PATTELLI
Finance Approved Date
05/18/2022
Tyler Ref #
AG 060622
Legal Counsel
BRUCE BARKER
Legal Counsel Approved Date
05/18/2022
Hello