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Home My WebLink About20221529.tiffRESOLUTION RE: APPROVE RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL AND NEW OWNERSHIP NAME FOR USE BY SPECIAL REVIEW PERMIT, USR-1747 - 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 August 18, 2010, the Board approved the application of Marcum Midstream 1995-2 Business Trust, dba Conquest Oil (C-7), 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: Lot A of Recorded Exemption #5008, being part of the E1/2 SE1/4 of Section 34, Township 7 North, Range 63 West of 6th P.M., Weld County, Colorado WHEREAS, on March 30, 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-7), with terms and conditions being as stated in said agreement, and accepted Performance Bond #LPM9032136 from Fidelity and Deposit Company of Maryland, 1400 American Lane, Schaumburg, Illinois 60196, in the amount of $65,000.00, and WHEREAS, on December 21, 2011, the Board of County Commissioners of Weld County, Colorado, approved the release of a portion of said collateral, in the amount of $55,250.00, and accepted Replacement Performance Bond #09065627, issued by Fidelity and Deposit Company of Maryland, in the amount of $9,750.00, 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, dated August 13, 2020, from High Sierra Water Services, LLC, requesting release of the currently held warranty collateral for High Sierra Water Services, LLC, in the amount of $9,750.00, in the form of Performance Bond #09065627, 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 #0233377, issued by Berkley Insurance Company, 475 Steamboat Road, Greenwich, Connecticut 06830, in the amount of $9,750.00, which was accepted and held in the Department of Public Works safe, but not formally acted on by the Board of County Commissioners, and 4836778 Pages: 1 of 3 08/22/2022 10:41 AM R Fee:$0.00 Carly Koppel', Clerk and Recorder, Weld County , CO 1111 IrdElkyl I4NRI 1111 cc..p4T-p/DR/3-Tri/KR) 7/1s1.22 2022-1529 PL2073 RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL (USR-1747) - 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 #09065627, and formal acceptance of the replacement collateral provided by NGL Water Solutions DJ, LLC, in the form of a Performance Bond #0233377, in the amount of $9,750.00, 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 #0233377, issued by Berkley Insurance Company of 475 Steamboat Road, Greenwich, Connecticut 06830, in the amount of $9,750.00, and accept replacement collateral provided by NGL Water Solutions DJ, LLC, procured in the form of a Performance Bond #N- 9000079, 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 #0233377, and acceptance of the replacement collateral provided by NGL Water Solutions DJ, LLC, in the form of a Performance Bond #N-9000079, in the amount of $9,750.00. 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 $9,750.00, in the form of Performance Bond #09065627 from Fidelity and Deposit Company of Maryland, and Performance Bond #0233377, issued by Berkley Insurance Company, be and hereby are, canceled and released, and Replacement Performance Bond #N-9000079, issued by Indemnity National Insurance Company, in the amount of $9,750.00, 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. 4838778 Pages: 2 of 3 08/22/2022 10:41 AM R Fee:$0.00 Carly Koppas, Clark and Recorder, Weld County , CO 11111 INFAIViik'li'hiil'IlA a PIIIPPANIN. Wyi, "Ill 2022-1529 PL2073 RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL (USR-1747) - 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 WECOUNTY, COLORADO ATTEST: %(1 Weld County Clerk to the Board County'"' orney Date of signature: 6/(6,/2-- 4836778 Pages: 3 of 3 08/22/2022 30:41 AM R Carly Kopp�a, Clerk and R�oord�r, Wild County CO tt K. James, Chair eeman, Pro-Tm 2022-1529 PL2073 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF IUTAR"• COLONIAL AMERICAN CASUALTY AND RRRav`R50�°revs KNO , ALL MEN BY THESE PRESENTS That the FIDW,g, �O�1G� ty COM and the . COLO • L AMERICAN CASUALTY AND SUREY, ` 0140 iota NK E MARTIN , Vice President, and ERIC D T' �'� �p.SE �e\d e VI, Section 2, o e By -Laws of said Companie; RE Boavd ;frp,-{-died to be in full force and e , ., LATTARULO, `...orietta ACOSTA, Donald date' •..t. AAHON, Tiffany ect on the date hereof, does h Vi\J _ misan J. MCGONIGLE, k SWEIGART ,cnver, Cororado, EACH its true and lawful agent and Atto` ey-i - at� c VA any and all bonds be as binding upon acknowledged by th This power of attornhat issued on behalf of DiLynn GUERN, Susan J 17ATTARULO, Florietta ACOSTA, Donald E APPLEBY, J R RICRDS, Kevin W MCMAHON, Tiffany MCG()NIGLE, Mark SWEIGART, Sarah BROWN, dated January 20, 2011 The said Assistant Secretary does h ': by certify that the extract set forth on t c reN ene bide hereof is a true copy of Article VI, Section 2, of the By -Laws of said Compa s, and is now in force on its behalf a surety, and as its act and deed or undertakings in ursuance of these presents, shall intents and purposes, as if ey had been duly executed and ficers of the Company at its office in Baltimo, Md , m their own proper persons IN WITNESS WHEREOF, the said e -President and Assistant crclan ha,c hereunto subscribed their names and affixed the Corporate Seals of the said FIB LITY AND DEPOSI COMPANI ()I MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY C• . PANY, this 12th, ay of April A D 201 1 o=1DELITY AND DEPOSIT COMPANY OF MARYLAND LONIAL AMERICAN CASUALTY AND SURETY COMPANY 13) Eri Barnes Assistant Secs elan I rank E Marten Jr Vice President State of Maryland }s, City of Baltimore On this 12th day of April, D 2011, before the subscriber, a No n Public of the State of Maryland, duly commissioned and qualified, ca FRANK E MARTIN JR , Vice President .ine LRIC D BARNES, Assistant Secretary of the FIDELITY AND DEPO' T COMPANY OF MARYLAND, and the COL( IAL AMERICAN CASUALTY AND SURETY COMPANY, to e personally known to be the individuals and office described in and who executed the preceding instrument, an hey each acknowledged the execution of the same and he g by me duly sworn, severally and each for himself depose and saith, that they are the said officers of the Companies alores d, and that the seals affixed to the preceding instrument the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly ixed and subscribed to the said instrument by the authority and direction\[ the said Corporations IN TES TIM �• Y WHEREOF, I have hereunto set my hand and affixed my Official Seal t e�y and year first above written c Constance A Dunn My Commission Expires July 1 No`t ry Public 4, 20 1 POA-F 020-0600B EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND � cle VI, Section 2 The Chairman of the Board, or the President, or an‘' Vic residents or Vice -Presidents specially authonzed so to d� ' R�COVik- o�eTS shall h ve power, by and wan me concurrence o t��P,1r 014G, Orn��S Vice -Pr dents, Assistant Vice-Presidetuti-'c.o� �G cot, " f C authonze . +y person or persons to exe ReLE �� policies, con acts, agreements, deeds, 4 �paCd 1O - the nature of ma gages, and to affix the .J date' !! ,y pf he Senior vie Committee, iomt Resident ',quire, or to stipulations, truments in � I�I>> .•;, card , /. EXTRA FROM BY-LAWS A t th _.,ALTY AND/ SURETY COMPANY t).1.. deputy cue Y 1 / "Article VI, Section 2 e Chairman of th., Solid, or the President, or any Executive �1ice-President, or any of the Semor Vice -Presidents or Vice -Pre ents specially authorized so to do by the Board of Dirietors or by the Executive Committee, shall have power, by and with e concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vices residents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to xecute on behalf of the Company any bo/s, undertaking, recognizances, stipulations, policies, contracts, agreements, deed and releases and assignments of Iudoements, decrees, mortgages and instruments in the nature of mortgages, and to affix th seal of the Company thereto " , 1 l CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY/AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SIJ ETY OMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of\hi certificate, and I do further certify that the Vice -President who executed the said Power of Attorney was one of the adds anal Vice -Presidents specially autnonzed by the Boaro of Directors to appomt any Attorney -in -Fact as provided in Artic VI, ection 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the • LONIAL�AMERICAN CASUALTY AND SURETY COMPANY This Power of Attorney and Certificate may be gned by facsir3i\le under and by authority of the following resolution of the Board of Directors of the FIDELITY AND D "OSIT COMPANY`OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Boars of Directors of the CgLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and d on the 5th day of May, 1 RESOLVED "That the facsimile o mechanically reproduced seal t the company and facsimile or mechanically reproduced signature of any Vice -Pr :ident, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorncLyti issued by the Company, shall be valid and binding upon the Company with e same force and effect as though manually al lY ed " IN TESTIMONY WHEREO', I have hereunto subscribed my name and affixed the.corporate seals of the said Companies, **This bond supersedes and replaces Fidelity and Deposit Company of Maryland bond #09065627** Bond No 0233377 PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO KNOW ALL PERSONS BY THESE PRESENTS, that (name, m'T Solu ons DJ LLC, (address) Denver Co 80209, a (corporation, 3773 ''6LJLLAItttAL Board RELEASED NO LONGED REQUIRED by Limited lability Company, organs COtl1tI11 SIOIIerS with its .rincipal office locatec of weld County Drive, Sui - 1000, Denver, CO 802 date' > 1 �'� and (name o surety) Berkley Insu /.. ,��,�`• 475 STEAMBOAT OAD, GREENWICH, CT bye / o the Boar are held and fi . mly bound unto Boy Deputy Cler, County, Colorado, on behalf of Wel _ _ ._i--coiorado,-reinafter called "Obligee" the full and penal sum of Nine Thousand Seven Hundred Fifty and 0 100 Dollars ($9,750 00), lawfu money of the United States for the •ayment of which well and try made, we bind ourselves, our heirs, .dministrators, successors .nd assigns, jointly and severally, firmly b these presents WHEREAS, the above-bo nd Principal has •btained or is about to obtain from the Obligee a la d use permit, amely (insert the specific permit and number - USR, SPR e c) USR-174 (C-7) , and pursuant to the requirements of said permit, ha entered into an Improvements Agreement, dated February 16, 20 , wi Obligee, and WHEREAS, The Improvements Agro ment requires Principal to obtain a performance bond in an amount eq al to the total cost of the improvements for which Principal .s re •onsible and naming Obligee as beneficiary, and WHEREAS, the value of provements fo. which Principal is responsible equals Nine Tho.sand Seven Hundred Fifty and 00/100, ($9,750 00) NOW, THEREFORE, THE CO ITION OF THIS OBLIGATION S SUCH, that if Principal shall well, ruly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditionas set forth in the Improvements A; eement, and if Principal shall sa.isfy all claims and demands set forth in said agreement, and shall ful indemnify and save harmless O• lgee from all costs and damages which may suffer by reason of Pri ipal's failure to perform as agreed, and s .11 reimburse and repay Ob gee all outlay and expense which Obligee may .ncur in making good any default, then this obligation shall be null d void, PROVIDED URTHER, that if Principal shall default in any of its obliga ons set forth in the Improvements Agreement, and thereaft-r fail o fully indemnify and save harmless Obligee from all costs a • dam es which it may suffer by reason of said default, this obligation sh. 1 remain in full force and effect, •ROVIDED 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 No BI -10210g -el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE N ICE The warning found elsewhere in this Power of Attomey affects the validity thereof Please review carefully / KNO ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corn^ organ. • and existing under the laws of the State of Delaware, having its principal office in Greenwich ^— Board and appoi ted, and does by these presents make, constitute and appoint Donna M "" (NIKE) " Peronthne, Michelle Anne McMahon of Willis Towers Watson Norte A1. G R �E in -Fact, to sip is name as surety only as delineated below NO �� sion rS 1.4,O1,_1 -A undertakings, wi the exception of Financial Guaranty InsiELAs, t COCnn11S e and 00/100 U S D lars (U S $50,000,000 00), to the same R �e1d COW", the regularly elected . leers of the Company at its pnnmpal c Of /054' date • This Power of Attorney s .,.11 be construed and enforced in aca ° yy ' go2 uelaware, without giving effect to the`.rmciples of conflicts of laws the b� : Deputy Cl k to the -. pursuant to the following resolutions which were duly a' . validly adopted at a meeting of _ ..c uo .:any held on January 25, 2010 RESOLVED, that, with respe to the Surety business wrnten by Berkley Surety, th Chairman of the Board, Chief Executive Officer, President or a',. Vice President of the Company, in conjunction . 'h the Secretary or any Assistant Secretary are hereby authorized to e : cute powers of attorney authonzmg and qualify g the attorney -In -fact named therein to execute bonds, undertakings, recog':..zances, or other suretyship obligations on b alf of the Company, and to affix the corporate seal of the Company to pow ,.. of attorney executed pursuant hereto, and said officers may remove any such attorney -in -fact and revoke any power of at .mey previously granted, and furthe RESOLVED, that such power of attomey liis the acts of those named therein to the bonds, undertakings, recognizances, 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 furthe RESOLVED, that such power of attorney revokes` 1 previous power . issued on behalf of the attorney -in -fact named, and further RESOLVED, that the signature of any authorized office. and the eal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the ecutiand delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company, and such signa `. nd seal when so used shall have the same force and effect as though manually affixed The Company may continue to or the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or off ers he Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shal .. a issued IN WITNESS WHEREOF the Company has caused se presents to b signed and attested by its appropnate officers and its corporate seal hereunto affixed this 2nd day of J Attest- �� Berkley . surance Company By By _ Ir dermrm as C Executive Vice Pr , : ent & Secretary STATE OF CO_NNECTI T ) ss COUNTY OF F LD ) after esident Sworn to before me, a No .: Pubhc in the State of Connecttcut, this 2nd day of June 020 by Ira S Lederman and Jeffrey M Hatter whr are sworn to me to be the Executive Vice PresidentSecretary, and t Senior Vice President, respectively, ofBerkl trance Company mliig,,uUPueAcr CONNECTICn �� (�, � MY COMMISSION EXPIRES APHIL30 2024 otary Pubhc, State of Connecticut CERTIFICATE \ I, the undersi ed, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the f ' egomg is a true, corre and complete copy of the ongmal Power of Attorney, that said Power of Attorney has not been revoked ot\ escmded andAlia . • authority of the Attorney -m -Fact set forth therem, who executed the bond or undertaking to which this wer of shed, zs in full force and effect as of this date der my hand and seal of the Company, this 13th day of August 2020 Vmcent P Forte QUIRE° " B°aCd GULLP► tr �O1'O 4`;: ssio ets Inquiry and � REL e1�d C°u"ty C°"'m o{ /4O, 6 d tot, 5°'r Be ley Surety Gioup, LLC is th, by' Deputy c\ —dug man. • ei for a of the surety business of th, _ com.: vies: Acadia surance Company, Berkley Regional Insurance Company, Carolina Casualty Instil ante Company, Unio ► Standaid Insurance mpany, Union Insurance Company and ontinental Western Grou Insurance Company To verify the autNntncnty of this bond pleas call: (973) 775-5®21 or it • lefax ( 973) 7755®24 Any written notices, inqu �.;'es, claims or errands to the surety on the bond to which this Ride' 's attache should be directed to: Berkley Sure 412 late Keen Suite 310N Morrgsto n, NJ ®79 .A.ttent° no Surety Clai Or rouap, LLC vea elefax: (866) 408-2421 Departme t Please incl • de with all notices the bond number and the . me of the princ: al on the bond. Where a claim is being asserted . ease set fo generally the basis of the claim. In the case of a pay ent or p formance bond please identify the project to which the bo d p "ains. ERKLEY SURETY GROUP BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE BOCC Agenda Item — Release of Collateral and Accept Replacement Collateral For High Sierra Water Services, LLC — USR-1747 DEPARTMENT Planning Services DATE May 17, 2022 PERSON REQUESTING Jazmyn Trujillo -Martinez Brief description of the problem/issue The Department of Planning Services received a request from High Sierra Water Services, LLC, requesting that the Board of County Commissioners release the currently held collateral for High Siena Water Services, LLC in the amount of $9,750 and accept replacement collateral provided by NGL Water Solutions DJ LLC procured in the form of a Performance Bond #0233377, a copy of which is hereto attached Weld County Planning Services and Public Works Departments have reviewed the above -mentioned signed original document and Collateral requirements and recommends this release of collateral and acceptance of replacement collateral What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1 Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda 2 Weld County Collateral List High Sierra Water Services, LLC (PL2073) 2011-3305, formerly known as Marcum Midstream 1995-2 Business Trust, dba Conquest Oil (C-7) (PL2073) (#2011-0858) USR #1747 Improvements Agrmt Performance Bond #LPM9032136 from Fidelity and Deposit Company of Maryland Noncancellable — renews automatically until released $65,000 00 Received new Improvements Agreement and replacement Collateral 12/21/2011 Partial Release of former collateral - -55.250 00 and received Replacement Performance Bond #09065627 to serve as Warranty Collateral for 2 years (2011-3305) Expires 2 years from date of approval 12/2112013 $9,750 00 Recommendation The Departments of Planning Services, Public Works, and the County Attorney's Office re recommending approval of the release of collateral and acceptance of replacement collateral for Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for High Sierra Water Sen/ICO's, LLC — USR-1747, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda A rove Schedule Recommendation Work Session Other/Comments Perry L Buck Mike Freeman, Pro-Tem Scott K James, Chair Steve Moreno Lori Same Y7 Enemy Partners LP 6220 S Yale Avenue Suite 805 Tulsa OK 74136-4217 Phone 918-481-1129 Fax 918-481-5896 April 6, 2022 RE RELEASE Berkley Insurance Company NGL Water Solutions DJ LLC Bond #0233378 NGL Water Solutions DJ LLC Bond #0233377 REPLACEMENT Indemmty National Insurance Company NGL Water Solutions DJ LLC Bond #N-9000075 NGL Water Solutions DJ LLC Bond #N-9000079 To Whom It May Concern Please see enclosed original bonds issued by Indemnity National Insurance Company effective March 1, 2022 to replace the referenced bonds currently on file with Berkley Insurance Company After review, please send confirmation of release of the Berkley Insurance Company bonds If you need any additional information please do not hesitate to reach out to me Sincerely, CAS4111/04O Cara Mohler Semor Risk Analyst 918-477-0581 cars mohler@nglep coin Energy Partners LP 6120 S Yale Avenue Suite 805 Tulsa OK 74136-4217 Phone 918-481-1119 Fax 918-481-5896 April 6, 2022 RE RELEASE Berkley Insurance Company NGL Water Solutions DJ LLC Bond #0233378 NGL Water Solutions DJ LLC Bond #0233377 REPLACEMENT Indemnity National Insurance Company NGL Water Solutions DJ LLC Bond #N-9000075 �cNGL Water Solutions DJ LLC Bond #N-9000079 To Whom It May Concern Please see enclosed original bonds issued by Indemnity National Insurance Company effective March 1, 2022 to replace the referenced bonds currently on file with Berkley Insurance Company After review, please send confirmation of release of the Berkley Insurance Company bonds If you need any additional information please do not hesitate to reach out to me Smcerely, CO4 r49110 Cara Mohler Senior Risk Analyst 918-477-0581 cara mohler@nglep cam ***This bond replaces and supersedes Berkley Insurance Company Bond No 0233377*** Bond No N-9000079 EXECUTED IN QUADRUPLICATE PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO KNOW ALL PERSONS BY THESE PRESENTS, that (name)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 Nine Thousand Seven Hundred Fifty and No/100 Dollars ($9,750 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, 3ointly and severally, firmly by these presents WHEREAS, the above -bound Principal has ootain_ed or is about to obtain from the Obligee a land use permit, namely(insert the specific permit and number - USR, SPR etc) USR-1747(C-7), and pursuant to the requirements of said permit, has entered Into an Improvements Agreement, dated February 16, 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 Nine Thousand Seven Hundred Fifty and No/100 Dollars, ($9,750 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 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 By. Pripal Secret y/Witness ka SIOAM AtalliA. YQ,Vit¢PreNdAtt, C a(CQuMd4469( at2.94 {. (SEAL) 2121 Sage Road, Suite 145 Address Houston, TX 77056 Address T i t l e l..dA5 Brdy5,GIecc�,Y¢ Vi(�P�e��d�- cwidf�x�FFnQ,e�ua� 4(�'i c, (INSURANCE COMPANY NAME) Indemnity National Insurance Company 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 bond Indemnity Nattonar Insurance Company 238 Bedford Way Franklin, TN 37064 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS that Indemnity National Insurance Company, a Mississippi corporation, (heremafter the "Company"), does hereby constitute and appoint "'John L Hohlt, Jack Meikle, Ellis McConn, Serua Hernandez,... ...Bruce Denson of Cobbs Allen Capital, LLC dba CAC Specialty to be its true and lawful Attorney -m -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 authonzed officers of the Company This appointment is made under and executed pursuant to and by authonty of the following Minutes of Special Actions Taken by Wntten Consent of the Board of Directors, which is now m full force and effect Authorization to Appomt Attomevs-m-Fact and the Use of Facsunile Signatures and Facsmule Seals for the Purpose of Issumg Bonds RESOLVED That the president or any vice president may appomt attomeys-m-fact or agents with authonty as defined or limited m the mstrument evidencmg the appomtinent 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 withm 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 authonzmg 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 subscnbed by an authonzed officer or official of the Company and the corporate seal of Indemnity National Insurance Company has been affixed thereto m Lexington, Kentucky this 20th day of August, 2021 Indemnity National Insurance Company By 4 -n --- Thomas F Elluns, President State of Kentucky County of Fayette On this 20th day of August, 2021, before me, a Notary Public, personally came Thomas F Elkms, to me known, and acknowledged that he is President of Indemnity National Insurance Company, that he knows 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 By 1 L► -L O 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 Written Consent of the Board of Duectors are now in full force and effect IN TESTIMONY WHEREOF I have subscnbed my name and affixed the seal of said Company Dated this 1st day of March , 20 22 NOTARY ACKNOWLEDGMENT OF SURETY: State of Texas} County of Harris} On this the I st day of March 2022, before me, Senia Hernandez, the undersigned officer, personally appeared John L Hohlt known to me(oi 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 prmcrpal for the purposes therein contained In witness whereof I hereunto set my hand Sema Hernandez, Notary Publi My Commission Expires January 25, 2026 Cheryl Hoffman From. Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Hello Cheryl, Jazmyn Trujillo Martinez Tuesday, May 3, 2022 1 52 PM Cheryl Hoffman, Dawn Anderson Esther Gesick RE NGL Water Solutions DJ LLC - USR-1769 and USR-1747 Follow up Flagged It looks like NGL Just wants to replace the bonds on file, I will create pass arounds for these two cases so we can get them on the agenda and replaced Best, Jazmyn Trujillo -Mai -Cu' Development Review Weld County Planning Services 1555 North 17`h Avenue Greeley, CO 80531 (970) 400-3711 Confidentiality Notice This electronic transmission and any attached documents or other writings are Intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Cheryl Hoffman <choffman@weldgov com> Sent: Monday, May 2, 2022 2 20 PM To. Dawn Anderson <dranderson@weldgov com>, Jazmyn TruJdlo Martinez gtrujillomartinez@weldgov com> Cc. Cheryl Hoffman <choffman@weldgov com>, Esther Gesick <egesick@weldgov com> Subject. NGL Water Solutions DJ LLC - USR-1769 and USR-1747 Good afternoon, Jazmyn and Dawn, I Just received a couple Bonds regarding USR-1769 and USR-1747 — NGL Water Solutions DJ LLC Please see attached Do you have something in the works for these cases? Do you want me to keep these bonds (4 of each), or do you want me to send them to you? Just let me know CANCEL COLLATERAL - HIGH SIERRA WATER SERVICES, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of December, A D , 2011 BOARD OF COUNTY C MISSIONERS WEy COUNTY, C DO ATTEST Weld County Clerk to the Board BY Deputy=rk to the Bo APP 5tCED AS T ounty A orney Date of signature Id a 9 -I/ . 31111111111111511111111111111weld County,er 17317 0111112012 11:54A ve Weld C Moreno Clerk & Record 2 of 20 � 0.00 0 CO st 2 of 2 E u� 12.,.p W:Id rou D ; 00 eMo noC rk& I3 I ecohly 1wC rbara Kirkmeyer, Chair Sean P. C ay, Pro-Tem . Garcia her 2011-3305 PL2073 MEMORANDUM M TO: Clerk to the Board )BATE: 12/16/2011 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-1747) (PL2073, #2011-0858) Request for Partial Release of Collateral and Anaroval of New Ownership Name The Department of Public Works received a request from the applicant, Jim Goddard/High Sierra Water Services, LLC, requesting an inspection of the property in order to obtain the partial release of collateral and to begin the two-year warranty period, for the improvements to the site, located at CR 74 and SH 392 Weld County Public Works Department 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 # 2011-0858, have been completed and are found to be acceptable Due to seasonal weather conditions, some minor mitigation of drainage features will take place during the spring of 2012 and be re -inspected by Public Works 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 # 2011-0858, from the original ownership name of, Marcum Midstream 1995-2 Business Trust dba Conquest Oil (C-7) to High Sierra Water Services, LLC Weld County' Collateral List Marcum Midstream 1995-2 Business Trust, dba Conquest Oil (C-7) (PL2073) (#2011-0858) USR #1747 Improvements Agrmt Performance Bond #LPM9032136 from Fidelity and Deposit Company of Maryland Noncancellable — renews automatically until released $65,000 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 $55,250 Weld County will retain a balance of $9,750 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 in the form of a Performance Bond (#09065627) from Fidelity and Deposit Company of Maryland in the amount of $9,750 2011-3305 pc Dave Saint Weld Cm,. Public Works Kim Ogle, Weld County Planning Si.rvices Richard Hastings From Sent To. Cc Subject DALESUTCHE@aol com Monday, September 12, 2011 4 16 PM Richard Hastings dwhite@highsierracnergy com, bwhde@highsierraenergy com, rchnsman@highsierraenergy com Improvements Agreements HI Rich, Conquest has sold to a company named High Sierra Water Services, LLC The Improvements Agreements for the C-7 and C-8 along with the associated performance bonds need to be transferred into High Sierra's name KM Ogle has indicated we can have High Sierra sign the signature pages and deliver them to the County to start the process I don't have the "Word" files for the two documents May I ask that you send the files to me and I'll have the pages executed by HS and returned to you? After HS has submitted the signed pages to the County and the transfer is accepted the current bonds can be replaced with bonds submitted by HS Does that work for you? Dale Butcher 970-381-0681 Richard Hastings To - Cc Subiect Attachments Dale, dalebutche@aol com David Bauer Donald Carroll Josh Holbrook Donald Stang, Kim Ogle, dwhite@highsierraenergy com, bwhite@highsierraenergy com, rchnsman@highsierraenergy com idlockhart@aol com High Sierra/Conquest Oil (USR's 1747 & 1767) Improvement Agreements Name Revisions & Collateral Release Questions USR-1747 ImprovAgreemt-High Sierra Water Services -Final (9-21-11) docx, USR-1769 Improvements Agreement -High Sierra Water Services -Final (9-21-11) docx Please find attached, updated versions of the original Conquest Oil agreements you and Bruce White signed this past year The revisions I made only involve the name change from Marcum Midstream/Conquest Oil to High Sierra, on pages 1 & 3 of each document Otherwise the documents are the same as the original agreements As per your request, the documents are sent in the Word version, in case you find other references to Conquest Oil or Marcum Midstream still within the revised documents Upon review by you and representatives from High Sierra, the updated original documents can be signed by High Sierra and returned to me, along with acceptable collateral Since both of the sites, C-7 & C-8 appear to be near completion, the stage might be set for a partial collateral release Weld County Requirements for a Partial Release of Collateral (as found in Section E 8 0 of each of the original agreements). 1 A letter/email from the owner (High Sierra Water Services, LLC), requesting a site inspection m order to obtain a partial release of collateral and indicating the dollar amount to be released Generally the amount released is equal to eighty-five (85%) of the collateral that was originally submitted Site Inspections by Public Works and Planning Services staff might generate a "Punch List" of items requiring mitigation prior to the approval of a partial release of collateral 2 A "Statement of Substantial Compliance" from an Engineer registered in the State of Colorado, stating that the project or a portion of the project has been completed in substantial compliance with accepted construction plans and specifications 3 "As -Built" plans of the improvements to each of the sites 4 "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in the agreement a USR-1747 Project Collateral= $300,000, Released Collateral= $255,000, Warranty Collateral= $45,000 b USR-1769 Project Collateral= $65,000, Released Collateral= $55,250, Warranty Collateral= $9,750 I would suggest that High Sierra sign the attached agreements, follow the above -mentioned protocol for a partial release of collateral, resulting in one BOCC Hearing to approve the updated agreements and reduced collateral High Siena does have the choice of signing the updated agreements and submitting the original Project Collateral amounts listed above This would require a BOCC Hearing for approval and another hearing in the future to approve a partial release of collateral Let me know if you have any questions or require further information Sincerely, Richard Hastings Compliance Analyst & Construction Inspector Richard Hastings From Sent. To Subject Jim Goddard ugoddard@highsiermenergy corn] Monday, November 21, 2011 11 17 AM Richard Hastings C7 Good Morning' As per our earlier conversation we are ready for a final inspection on our C7 located on the corner of WCR 74 and WCR 69 Let me know when you're going to be there and I'll meet you on location. Have a great day! Jim .hrn Goddard General Manager _ ___ __High 5ierra_Water Services 8207 W 20th Street Suite B Greeley, CO 80634 970-356-5560 Office 970-356-5563 Fax 970-381-5005 Cell ® WERE°"w' 3yAN f ENGINEERING, INC. 1011 42nd STREET © EVANS, CO 80620 Phone (970) 353-4463 Fax (970) 353-9257 December 15, 2011 Rich Hastings Weld County Public Works P O Box 758 Greeley CO 80632 RE: Compliance Letter for High Sierra Water Services for C7 Site Dear Mr Hastings On December 9, 20111 visited the C7 site and reviewed the construction of the drainage features Please see the plan attached to review the measurements that were taken Please refer to the Final Drainage Report by CGRS dated July 20, 2010 for additional information The site has additional concrete surfaces that were not included in the original design, however the imperviousness (17%) calculated for the present site surfaces is less than the impervious used in the retention volume calculations (27%). The swale that collects the offsite flow from the property to the north is narrower in some areas than the design width (10') but the rise in water elevation in the channel appears to be less than 0.4' The additional flow elevation will not adversely affect the site The retention pond has a capacity of approximately 139,000 cubic feet and the required volume according to the report by CGRS is 124,932 C F The rip rap placed at the end of the culverts shall be placed in accordance with recommendations provided previously by your office Seeding shall also take place per recommendations by your office High Sierra agrees to correct the rip rap placement and seeding items by May 31, 2012 The site overall appears to be in compliance with the design intent If you have any further questions or comments regarding this matter, please contact this office Sincerely, HIGH SIERRA WATER SERVICES LLC December 5, 2011 Weld County Commissioners 915 10`" St P O Box 7513 Greeley, CO 80632 RE USR #1747 Dear Commissioners, With regard to the referenced USR, enclosed are four (4) onginals of Bond #09065627 in the amount of $9,750 m connection with the Improvements Agreement dated November 29, 2011, covering our C7 facility in Weld County Please let me know if you need anything else in this regard Thanks! Sincerely, HIGH SIERRA WATER SERVICES, LLC at; Doug White Vice President enclosures HIGH SIERRA WATER SERVICES LLC 3773 Cherry Creek North Dove Suttr 1000 Denver CO Bozo, 303 8151010 303 815 loll Fax www highsierraenergy corn IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS HIGH SIERRA WATER SERVICES, LLC USR-1747 THIS AGREEMENT, made and entered into this a1 day of gallafkge 4011 , 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 is the owner of, the following desenbed property in the County of Weld, Colorado Lot A of Recorded Exemption #5008, being part of the E 1 /2SE 1 /4 of Section 34, Township 7 North, Range 63 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 11 acres on the above desenbed real property, and the County is currently in the process of considering a Use -by -Special Review for the Property (USR- 1747), and WHEREAS, the Property Owner acknowledges that the issuance of USR-1747 is conditional upon Property Owner's performance of the on -site and off -site improvements which are desenbed in this Agreement and depicted in a set of plans provided by Property Owner (hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a part hereof, and WHEREAS, Property Owner acknowledges that it may not engage in any activity described in USR-1747 and/or any activity related to the businesses described above until satd improvements have been completed, and WHEREAS, the parties agree that Property Owner shall not be required to commence work on the on -site or off -site improvements, nor to provide collateral for said improvements as required by this Agreement until Property Owner submits and receives approval of an application for a grading perrmt or for a Right -Of -Way permit for construction of accesses and work within the County Right -Of -Way NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows C\Us«\rchnsman\AppQata\LocallMietasoR\Wmdaws1Temporary Internet Fdts,Content Outlook\SIIMMA7C.USR-1747_ImprovAgramt HighSlerra_Water Services Final_(9-21- 11) doez Page I of 18 I 11111 Milli NE11911 ICI 911111 III 511111111M 1M 3817317 01/11/2012 11:5411 Weld County, CO 3 of 20 R 0 00 D 0 00 Steve Moreno Clerk & Recorder A Required Off -Site Improvements I 0 Weld Countv Road 74 The Property Owner shall be responsible for the construction of certain on -site and off -site safety improvements which shall include construction of adequate fuming radii sixty (60) feet at the site entrance and exit, drainage and signage installations at the main entrance and exit onto WCR 74, as indicated on the accepted Construction Plans The applicant, or Sts successor, shall construct a nght westbound acceleration lane on County Road 74, when traffic volumes meet the tnggers of 50 vehicles per hour (vph) turning nght out of the facility, dunng the peak hour The applicant, or its successor, shall construct a left eastbound deceleration lane on County Road 74 when traffic volumes meet tnggers of 10 vph turning left into the facility, dunng the peak hour Granting of any new point of access may generate additional obligations with the 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 74, 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 following 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 iingation facilities, traffic control, and project safety during wnstruction 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 30 Engmeenng Desiim and Construction Plans All engineenng 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 74 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 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 right-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 matenals 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 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 C \Userslrehnsman\AppData, ocal1Microsoft\Windows\Temporary Internet Fd o1Content UUlook1SBMMA7C.USR-1747_ImprovAgreuml- HlghSietra Water Setvre.-Final_(9-21-11) docx Page 2 of 18 I IIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII .411\I 3817317 01/11/2012 11.54A Weld County, CO 4 of 20 K 0 00 D 0 00 Steve Moreno Clerk & Recorder a traffic control plan for County review During construction, signage shall be posted in accordance with the then current version of the "Manual of Uniform Traffic Control Devices" 6 0 Off -Site Dust Control/Abatement andfor 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 pavmg 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 driveway(s) of their facility The percentage of haul truck traffic utilizing County roads m 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 pnmary 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 SH 392 and WCR 74, 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 using then current data on the haul route in the implementation of the above -mentioned improvements If, at some future date, the CDOT permit requires auxiliary turn lanes to be constructed on State Highway 392, the applicant, or its successor, shall pay to CDOT the applicant's proportional share of the auxiliary turn lanes improvement costs, if required by CDOT 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 until the occurrence of the tnggenng event for each improvement, namely the application for the grading permit or Right -Of -Way access permit resultmg 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 in Section E -7 2 and Exhibit B, herein 9 0 Acceptance of Off -Site Improvements. Upon completion of the off -site improvements, High Sierra 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 9l All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted Construction Plans By accepting any C 1Users4chnsmart AppDatali.ocal\Microsoft lWindows \Temporary Internet Files\Content OullooklSBMMA7C.USR 1747_ImprovAgreemt- HtghSierra_Water_Services-Final_(9-21.11) docx Pagc 3 of 19 3817317 01/11/2012 11:54A Weld County, CO 5 of 20 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 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: Exiting or entenng the site Haul trucks shall enter or exit the site at the approved access onto WCR 74 No haul route truck traffic is allowed on WCR 69 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 period of not more than thirty days), which shall be established by County at the time that the deviation is allowed _—"`—__� Upon receipt of a"written reque`sf"froii► the Property Owner, 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 truck 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 tnggered 2 0 Haul Route SignaAe. 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 authorized for use in this Agreement is permitted without the pnor written amendment of this Agreement. 4 0 Effect of Future Changes to Haul Routes: In the event that County is requested in venting 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 pattems, 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 tnp counts that identify traffic loading due to Property Owner -sourced traffic The amount and extent of dust control and/or paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel C \ Users \rchncman\AppData\L,ocal1MiLrosoftMmdow,Temporary Internet Fdes\Content OutlooklSBMMA7C6WSR-1747 ImprovAgreemt- H lghSterra_Water_Services-Final_(9-21-1 I ) docx Page 4 of 18 MINIM IIIIIII till 111111 III 6111111111 lllll IIII IIII 381?317 41/11/2012 11 54A Weld County, D nt 9n R n no o n oo Steve Moreno Clerk & Recorder C Road Maintenance Requirements. 1 0 Obligahon 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-descnbed 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 wntten 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 m the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall pay a proportionate cost of a complete restoration based on the number of then current truck tnps entering 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 sharing 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 improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed 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 whatever remedial measures it deems necessary against Property Owner In addition to any other remedy ,available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for setting a probable cause heanng according to the procedures described in Section 2-4-40 of Weld County Code. Revocation of USR-1747 as it now exists or may, from time to time, be amended m accordance with the procedures of the Weld County Code may result C \Users\rchnsmanWppData\Local \Microsoft\Windows \Temporary Internet Files\Content Outlook\SBMMA7C61USR-i747_ImprovAgreemt- litghSterre_Water Services-Ftnal_(9-21-1 I) doex Page 5 of IS 3617317 01/11/2012 11:54A, Weld County, CO 7 of 20 R 0.00 q 0.00 Steve Moreno Clerk & Recorder D On -Site Improvements 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-1747 plat map Specifically, Property Owner shall at its own expense, plant, install, and maintain all trees, grass and shrubs and other landscaping and reseeding where applicable as shown on the accepted Construction Plans and USR-1747 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-1747 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 parking areas, and install accepted drainage and signage components, adjacent to or within the tntenor portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning, as further descnbed in the accepted Construction Plans and USR-1747 plat map The main entrance improvements will include, a paved vehicle tracking pad, extending from WCR74through 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 debris onto WCR 74 No paving of the entrance lane will be required if the second optton 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 ()mite improvements Refer to Section A , paragraph 1 0 of this agreement for specific paving requirements extending into the facility site from WCR 74 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 period 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 ratn storm over the bermed area 3 3 The Applicant shall prevent the tracking of mud or other debns C 1UsersltohnsmankAppDatalLocallMicrosoft \Windowaempozary Internet FileslContent.outlook.BMMA7C6WSIt- I747_ImpmvAgrecmt- HtghSiena Watct Setvices-fmal_(9-21-11) docx rage 6 o 18 1111111111i11111111111111111111IIIIIIIIIIIIIIIIII1111111, 3817317 01/11/2012 11:54A Weld County, CO 8 of 20 R 0 00 0 0.00 Sieve Moreno Clerk & Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3617317 01/1112012 11.59A Wield County, CO n nt 20 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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 4 0 Timing of Permanent Improvements. Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggenng event for all improvements, namely the approval of the grading permit by the County or an amendment to the existing USR No grading permit will be released until collateral is posted for the associated improvements and the 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 wasting 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 2 0 above shall be completed within the parameters established in Section E. 7 2 and Exhibit B. 4 1 Timing of Temporary Improvements. Property Owner shall complete construction of the on -site improvements descnbed in Section D 3 of this Agreement prior 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 m 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 Engineenng Services. Property Owner shall furnish, at its own expense, all engineering services m 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 Engmeenng services performed by an engineer registered in the State of Colorado are only required following notification by the County 11 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 estabhshed 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 rights -of -way or easements and all improvements C \Users\rchrtsman,AppDala\Local \ MtcrosoftlWmdowslTempornry Internet Ftles\Content Outlool.BMMA7C61USR-1747_ImptovAgreemt- Hrghsierta_Water Services-Final_(9-21-I I ) docx Page 7 of ISvet' 1101!11 VIII lllill! Illt 111111 111 tllllll III 111111 III III! 3817317 01/11/2012 11:54A Weld County, CO 10 0l 20 R 0.00 D 0.00 Steve Moreno Clerk & Rennrder interior on the Property for approval prior 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 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 recordmg 3 0 Construction Property Owner shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and USR-1747 Plat Map, be solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this agreement, wluch 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 nghts-of-way or easements being completed also in 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 completton set forth in Exhibit B stated herein upon application by the Property Owner r 3 1 Satd 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 matenals or construction, and shall furnish copies of test results to the County If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County Such third party shall furnish the certified results of all such testing to the County 3 3 At all times dunng said construction, the County shall have the right to test and inspect, or to require testing and inspection of matenal and work, at Property Owner's expense Any matenal 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 Pnor to the acceptance by the County and expiration of the applicable warranty penod, 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 desenption caused by, ansing 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 attomey 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 ansing from the intentional torts CAUsetslrohnsman1AppDatalLocallMterorAWmdows\Temporary Internet File 1Content_Outlook,SBMMA7C6lUSR-1747_ImprovAgrcemt HtghStetta Water Setvtccs-rtnal (9-21-11) docx Page 8 of 18 lie/ or the gross negligence of the County or its employees while acting within the scope of their employment Following the expiration of the warranty penod, Property Owner shall be released from the foregoing requirement All contractors and other employees engaged in construction of the improvements shall mamtam adequate worker's compensation insurance and public liability insurance coverage, and shall operate in stnct 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 nghts-of-way (if any), and all pnvately created and maintained roads or rights -of -way, or easements, and all on -site improvements for a penod of two (2) years The warranty penal shall begin only after the County's execution of a wntten acceptance of the improvement(s) 6 0 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 6 1 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 6 2 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 terns of this Agreement have been faithfully kept by Applicant 6 3a 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 9 0, request in wilting 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 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 C 1Useralrehnsroan‘AppData1LocallMicrosedMindowslTemporary !Melva Files\Content outlook1SBMMA7C6WSK-1747_lmprovAgreemt- CHi$hSremt Water Services -Final (9-21-I l) docx Page 9 of 18 N�V �f INIII � IAN Id 111111In SIN III �N 11 of 20 R 0 00 D 0 00 Steve Moreno Clerk dt Recorder 6 3b 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 4 0, request in wnting 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 period, 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 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 deficienctes 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 wntten recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR, the Board of County Commtssioners shall fully accept said improvements - 7 0 General Requirements for Collateral 7 l 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 in this Agreement shall be provided separately for on -site improvements and off -site improvements, (2) Warranty Collateral required for all improvements during the warranty phase, and (3) Road Maintenance Collateral (If 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- 1747 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 m this Agreement Collateral for On -Site improvements that extend partially off -site as mentioned in Section A 1 0 (if any) or D 2 0 of thts 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 This collateral must be submitted to County upon the submission of the Property Owner's application of a grading and/or right- of-way permit C \UserorchnsmanlAppUataNkocaAMtcrosoftlWmdowskTemporary Internet FileslContent Outlook\SBMMA7C61USR-1747_(mprovAgreemt- HtghStetta Water Services -final_ 9-21-11) docx Page40 of l8 I illlll lllld 1111III 1111111111 I111Ullll ill Illfll iIIIIlI � 3817317 01/11/2012 11:54A Weld County, CO 19 of Fn o 0.00 D 0 00 Steve Moreno Clerk & Recorder IIIIII 111111111111 Ell111111111 Illllll III Illill III IIII 3817317 01/11/2012 1154A Weld County, CO 13 of 20 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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) 74 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 75 Road Maintenance Collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners 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 76 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 77 Acceptable Project collateral shall be submitted at the time Property Owner submits an application for the grading permit or Right -Of -Way access permit No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence until cost estimates for the improvements are updated and collateral is provided in the amount of One -Hundred percent (100%) of the 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 If improvements are not completed within these time frames, the County, at its discretion, may make demand on all or a portion of the site collateral and take steps to see that the improvements are made "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Property Owner's planned C 1UserArchnsmanlAppDatalLocaKMterosoft,Wtndow,Temonrary Internet Ftles\Content Outlook lSBMMA7CMUSR-1747_ImprovAgreemt- HtghSterra_Water Servtccs-Ftnal_(4-21-1 I) docx Page 11 of 18 operations pursuant to USR-1747 that require a grading or building permit from the County pursuant to the Weld County Code 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 Agreement and the Plat, the 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 authonzed 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 onginal deposit with a deposit m 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 period 7.11 The Board of County Commissioners reserves the nght to reject collateral which is deemed inappropnate or insufficient, 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 providing 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 Prior to release of collateral for the C 1Ucentrchnsman1AppData\Local1Mierosoft.indowaemnorary Internet Fde\Content 0ulloak,BMMA7C61USR-1747 lmpmvAgreent, IlighSNecn Warr Services Final ,19 21-1 I) do‘x Page 12 of IS IIIIIIIIII IIIINI IIN IIIIIIIIIIIII II IIIIIIIIIIII IIII 3817317 01111/2012 11 54A Weld County, CO 14 of 20 R 0.00 D 0 00 Stave Moreno Clerk & Recorder 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. Engmeenng Statements of Substantial Compliance are only required following notification by the County 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 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 matenals sampling, testing and inspections found in CDOT Materials Manual 8.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted The Property Owner's Engineer 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 84 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 appropriate Fire Authonty, if applicable, indicating the fire hydrants are in place m 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 written 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 Of Property Owner has supplied any or all of the collateral) 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 rights -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 C \UsersUehnsma.AppData\Local,MtcrosofllWmdows\Temporary Internet File,Content Outlook \SBMMA7C.USR-1747_ImpmvAgreemt- HighSterra_Water_Secv,ces-Flna!_(4-21-11) docx Page 13 of 18 IMO' IMO Mill IIIt INN 'E 'ENID NMI III 3817317 01/11/2012 11:54A Weld County, CO 15 of 20 R 0.00 IY 0.00 Steve Moreno Clerk & Recorder AINIIIIIl MIMI III IIIIIII 111 ICI III IIII 3817317 01/11/2012 11:54A Weld County, CO in nt 20 R 0 00 D 0 00 Steve Moreno Clerk & Recorder accepted for maintenance by a responsible governmental entity, special distnct 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 pnor to the conclusion of the Warranty penod. The "Warranty Collateral" shall be released to the Property Owner following the expiration of the warranty penod upon final wntten 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, during 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 Suctessors 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 Averment ale 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 in 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 Tenns of Agreement If in 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 Mins 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 C \Users lrehnsmanWppDatalLocal1MicrosoftMtndows1Temporary Internet FileeContent Outlook1SBMMA7Cb1USR-1747_lmprovAgreemt- HrghSrerra_Water Services Final _(9-21,1I)doex Page 14 of 18 efi 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- 1747 or any amendments thereto A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination 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 Polley Regarding Collateral for Improvements — USR-1747 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-1747 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. 1 3 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1747 by New Operator This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1747 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 I 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 improvements and/or road maintenance obligations outlined herein, said obligations must be completed within a reasonable penod 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 nghts 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 CFiles\Content OutlooklSBMMA7C61,SR-1747_hnprovAgreemt Page l5 of HtghSiena_Water Services-Final_(9-21-11)docx I I��III ��IQ� III�III 1�� II Ii0 ICI 1111111111 III NI I 3817317 01/11/2012 11.541 Weld County, CO 17 at 20 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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 m 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 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 Regarding Collateral for Improvements — USR-1747 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 3 0 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 Regardtng Collateral for Improvements — USR-1747 with a Property Owner and Operator 4 0 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-1747 with a successor Property Owner and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights and/or obligations under this Agreement or in USR-1747 5 0 Consequence of Termination Pursuant to Paragraph E.11 0 In the event that activities related to USR-1747 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, rights, benefits, protections or other provisions, of the Colorado Governmental Immumty Act §§24-10-101 et seq , as applicable now or hereafter amended C1Userslrchncman\AppDatalLoi,al\Microsoft IWindows \Temporary Internet Files\Content Outlook \SBMMA7C6\USR-1747_lmprovAgreemt- HtghSierra_Water_Services-Final_f9-z1-] l) docx Page 16 of ➢S I191IHII III111IVI V0111III IYIII III IIIII III IIU 3017317 01/11/2012 11.54A Weld County, CO 18 of 20 R 0.00 D 0 00 Steve Moreno Clerk & Recorder 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 thirty (30) days have elapsed, County believes to 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 iii the Weld Distnct Court, execution upon submitted collateral (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 Tlurd 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 strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement It is the express intention of the undersigned parties that any person or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only J Authonty to Sign: Each person signing this Agreement represents and warrants that he or she is duly authonzed 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 btnding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. I IIIIII IIIII IIIIIII IIIIIIIIII III IIIIII III IIIIII III IIII 3817317 01/11/2012 11•54A Weld County,,C0 19 of 20 R 0.00 D 0:00 Steve Moreno Clerk & Recorder C \Users Vehnsmr1AppData\local\MtctosothWmdows\Temporary {nternet FtlICaontent Out slotSn BMMirCHI SR-1747_ImpiuvAgreemt- � HtghSierra_Water Services -Final (9-21-1 I) docx Page 17 of 18 16414 IN WITNESS WHEREOF, the parties hereto have caused tills Agreement to be executed on the day and year first above written PROPERTY OWNER PROPERTY OWNER, tee �l- 9 Subscnbed and sworn to before me this.24A day of fid1 ,-, , .245`( BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORAD ATTEST LA/4— / : arbara Klrkmeyer, Ch Weld County Clerk to the Board BY eputy Cler o the Board APPROVED AS TO FORM County Attorney 38171111115111111111N11111111111111 317 011111212012 11.548 Weld County, CO rder 3817 20 of 20 R 0.00 D 0 00 Steve Moreno Clerk & Reco r DE 2 l 2011 C\UsersVchnsman\AppData1Local\MtcrosoftlWindowaempormy Internet Files\Content 0utlooldSHMMA7C6\USR-1747_ImpmvAgreemt- HighStenra_Water Servtces-Final_(9-21 11) docx Page 18 oft WERNS►!AN ENON ERCN0 HIGH SIERRA WATER SERVICES C7 S D S ® aEi - m�iar" �a ma atm 'ux 9- This bond replaces bond no. LPM9032136 issued by Fidelity and Deposit Company of Maryland on 3/10/2011 Bond No 09065627 PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO KNOW ALL PERSONS BY THESE PRESENTS, that (name)High Sierra Water Services, LLC, (address)3773 Cherry Creek Drive North, Suite 1000, Denver, CO 80209, a (corporation, limited liability company, etc.)Limmted Liability Company, organized under the laws of the State of Colorado, with its principal office located at (address)3773 Cherry Creek Drive North, Suite 1000, Denver, CO 80209, hereinafter called "Principal", and (name of surety)Fidelxty and Deposit Company of Maryland, of (address of surety)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 Nine Thousand Seven Hundred Fifty and 00/100 Dollars ($9,750 00), lawful money of the United States foz the payment of which well and truly made, we band fnercelves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents NHEREAS, 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-1747 (C-7) , and pursuant to the requirements of said permit, has entered into an Improvements Agreement, dated February 16, 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 Nine Thousand Seven Hundred Fifty and 00/100 Dollars, ($9,750 00) NOW, THERCFORE, THE CONDi110N 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, tnat if Principal shall default In any of its obligations set forth In the Improvements Agreement, and thereafter fail to fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of said default, thas obligation shall remain In full force and effect, r 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 30th day of November, 2011 High Sierra Water Service, LLC Principal _ ,4 (14 Principal Secretary/Witness (SEAL) G6Cr Witness as to Surety ndsey Knic rbocker P O. Box 469025 Address Denver, CO 80246 Address Nidelity and Deposit Comoany o£ Maryland rah Brown, Attorney -in -Fact 720 S Colorado Blvd, 600N Address Denver, CO 80246 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 State of Maryland Iss City of Baltimore Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a mporalions of the S aryland, by FRANK E MARTIN JR , Vice President, and ERIC D BARNES, Assistant Secretary, in pur Qr * i • tranted by Article VI, Section 2, of the By -Laws of said Companies, which are set forth on t, • �� o ;n�,�� reby certified to be in full force and effect on the date hereof, does hereby noilun •^ tt� t po ,o i i ,'Tit ct.t , Susan J. LATTARULO, Florietta ACOSTA, Donald [; . MCMAIHON, Tiffany MCGONIGLE, Mark SWEIGART r 4ja S t7u�`1 Denver, Colorado, EACH its true and lawlul agent and Attorney-i �- 'r+ 1 +� �"-wt �i+ e , lor, and on its behalf as surety, and as its act and deed any and all bonds . ^a ••'•,L>l gs, hl� t such bonds or undertakings in pursuance of these presents, shall be as binding upon • iru.:na mply, to all intents and purposes, as it they had been duly executed and acknowledged by th officers of the Company at its off`iee in Baltimore, Md , in their own proper persons This power of attont r es that issued on behalf of DiLynn GUERN, Susan J LATTARULO, Florietta ACOSTA, Donald E APPLEBY, J R RICHARDS, Kevin W MCMAHON, Tiffany MCGONIGLE, Mark SWEIGART, Sarah BROWN, dated January 20, 2011 The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of Said Companies, and is now in tone IN 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 CASUAL TY AND SURETY COMPANY, this 12th day of April, A D 20I I ATTEST FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY y / Eric D Burnes AsststantSecretan Frank E Martin Jr Vice President On this 12th day of Apnl, A D 2011, before the subscribes, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E MARTIN JR , Vice President, and ERIC D BARNES, Auntani Secretary of 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 deseribed in and who occcuted the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself depoceth and sailh, 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 °tlicial Seal the day and year first above written i1 Constance A Dunn Notan Public My Commission Expires July 14 2011 POA-F 020-0600B EXTRACT FROM BY-LAWS 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 -Presidents 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 authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recogmzances, 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 Executive 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 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 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 1, 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 OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND ma 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 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 binding upon the Company with the same lorce and etfect as though manually affixed " IN TESTIMONY WHEREOF 1 have hereunto subscribed my name.. and al fixed the corporate seals of the said Companies, this 30th day of November '1011 o -S /1 �J ��c1 �:s,AX 7 Aturtmu Sec ream 2a f' �f h� a.4 e G J I11 I�j Y ,[_/ a ci `/" �oa� a Bond No LPM9032136 MANCE yo��oa�ao�e� p ti� �o BOARD OF COUNTY COMMISSIONERSBOF WELD COUNTY, COLORADO PERFOGy Go " KNOW ALL PERSONS BY THESE PRESENTS, that Marcum Midstream 0.c, 1995-2 Business Trust , 8207 W 20th St , Suite B, Greeley, CO 80634 , a (corporation, limited liability company, etc )�450.44sS T@-4SS- organized under the laws of the State of 1e,LA w144 , 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 Sixty Five Thousand and no/100 Dollars ($ 65,000 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-1747 , and pursuant to the requirements of said permit, has entered into an Improvements Agreement, dated February 16, 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 Sixty Five Thousand and no/100_ , ($ 65,000 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 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 01.11 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 _ 10th day of March , 2011 Principal Secretary/Witness (SEAL) Dtati"a1/1611(4 ness as to Surety PO Box 2992 Marcum Midstream 1995-2 Business Trust ,Principal By Title Fidelity and Deposit Company of Maryland By J Forrest,Attorney-in-Fact PO Box 2992 Address Address Wichita, KS 67201 Wichita, KS 67201 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S HEWETT, Vie,e President, and GREGORY C MURRAY, Assistant Secretary, VI, Section 2, of the By -Laws of said Companies, which are set forth`r� to full force and effect on the date hereof, does hereby nom Jana M FORREST, Tim H. HEFFEL, Desir TERHUNE, all of Wichita, Kansas deliver, for, and on its beha such bonds or unde , u all intents and purp� le Company at its offic Scott T POST, Bret':•: Pourer of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ICNOW ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the aryland, by DAVID S rtty granted by Article hereby certtfied to be , Bret S. BURTON, YDER and Emily R. o ney-m-Fact, to make execute, seal and yin l� all bonds and undertakings, and the execution of all be as binding upon said Companies, as fully and amply, to xeculed and acknowledged by the regularly elected offtcers of the d , 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. WESTMORELAND, Kathleen A SNYDER, dated June 19, 2008 The said Assistant Secretary does hereby Lenity that the extract sei forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force IN 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ATTEST s i it s l� anc is Sa�`+ �� aw s AL,f, t u By Gregon E Murrav Assistant Secretary David S Hewett Vice President et. State of Maryland lss City of Baltimore J On this 9th day of March, A D 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came DAVID S HEWETT, Vice President, and GREGORY E MURRAY, Assistant Secretary of 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 prexeding Instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly al fixed and subscribed to the said instrument by the authority and direction of the said Corporations IN TESTIMONY WHEREOF, ] have hereunto set my hand and affixed my Official Seal the day and year first above, written �• w ')Gyp. 1. nia ,-,X).�_ fer, c2_, (-2 �I,x4/r.,'tr - Constance Dunn Natal} Public My Commission Expires July 14, 20l 1 PQA-F 076 6692A EXTRACT FROM BY-LAWS 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 -Presidents 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 authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recogmzances, 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 ut the Board, or the President, or any Executive 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 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 -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, recognizanees, 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 stilt 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 -m -Fact as provided in Article Vi, Section 2, of the respective By -Laws o1 the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY This Power of Attorney and Certificate may be signed by facsimile under and by aulhonty 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 IOth 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 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 binding upon the Company with the same force and effect as though manually affixed " IN TESTIMONY WHEREOF, I have hereunto subscrihcd my name and affixed the corporate seals of the, said Companies, this (()4' 4' day of / i l Wh . ao i( ,,w /— A cum. Set reran December 30, 2011 CLERK TO THE BOARD PHONE (970) 336-7215, Ext 4227 FAX (970) 352-0242 P O BOX 758 GREELEY, COLORADO 80632 Attn Sarah Brown, Attorney -in -Fact Fidelity and Deposit Company of Maryland 720 South Colorado Boulevard, 600N Denver, Colorado 80246 RE Partial Cancellation and release of Collateral — High Sierra Water Services, LLC, USR #1747 Ms Brown Attached hereto please find the Board of County Commissioners Resolution partially releasing the collateral for High Sierra Water Services, LLC, f k a Marcum Midstream 1995-2 Business Trust, dba Conquest Oil (C-7), USR #1747, in the amount of $65,000 00, and the original Performance Bond #LPM9032136 issued by Fidelity and Deposit Company of Maryland, in the amount of $65,000 00 We have received a replacement Performance Bond, #09065627, from you for the remaining $9,750 00, to be retained for two years as warranty collateral If you would like a recorded copy of the Resolution, you can contact the Recording Department of the Clerk and Recorder's Office with Weld County Government If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4227 Very truly yours, BOARD OF COUNTY COMMISSIONERS By Donna J. Becixf€r, Deputy Clerk to the Board December 30, 2011 CLERK TO THE BOARD PHONE (970) 336-7215, Ext 4227 FAX (970) 352-0242 P O BOX 758 GREELEY, COLORADO 80632 Attn Doug White High Sierra Water Services, LLC 3773 Cherry Creek North Dnve Suite 1000 Denver, Colorado 80209 RE, Partial Cancellation and release of Collateral for High Sierra Water Services, LLC , USR #1747 Mr White, On December 21, 2011, 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-7), USR #1747, in the amount of $65,000,00, as referenced above, and accepted replacement collateral from Fidelity and Deposit Company of Maryland, in the amount of $9,750 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 Government The onginal Performance Bond No LPM9032136 for $65,000 00, has been returned to Fidelity and Deposit Company of Maryland, 1400 American Lane, Schaumburg, Illinois 60196 If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4227 Very truly yours, BOARD OF COUNTY COMMISSIONERS By. Donna J Becr Deputy Clerk to the Board U.S. Postal Service;;., CERTIFIED MAIL;., RECEIPT (Domestic Mill Only; tyo Insurance.Coverage P, rovided) „•,Fo_r, lellwry Info,atlonvisitoin vvz6siti;ntvrvrvr,'u!pf,comfy T Postage Carolled Fee SENDER: CO/14y,,, r`rr'Iry ar Complete Rems 1. 2, and 3 Also complete Rem 4 if Restricted Delivery Is desired ® Print your name and address On the reverse so that we can return the card to you ■ Attach this card to the back of the matiptece, or on the front If space permits 1 Article Addressed to /979 %Slrt2%' 110104 iOrief/ i%)-SCI gkkly v4615)1 61m/iv/All Vo S Colorado i5/id Aevi!/ Venver S'0 Q14 , IH%ti %ter: rllih lih'. G�L.I_!V L•f+Y• A Stange r O Agent va.„e1 444 O Addressee B Received by ( Printed Ndn») IC Date of Delivery r�Ar� ressg c [_ de address dltf9�th+xo Rem 1? t7 Yes YES, meter dello ad • :- :: ❑ No 7 nti 2 Certified Mall ® Registered CI O Insured Mall O COD. mhandise 4 Restricted Deavery l (Extra Fee) ❑ Yea z An.'Ortrber 70D4 289[3 0003 579 8372 Man. from strike saber)7004 _ PS Form 3811, February 2004 Domestic Return Receipt 1025.02.1540 3�iev�r��gri�ta��equest `r r M Si �.. 5,£n't Y>, r`intprrr)atiOal =` j Entity Name. NGL WATER SOLUTIONS Dj LLC I Entity ID. @00037831 ❑ New Entity? Contract Flame• Contract ID RELEASE HELD COLLATERAL AND ACCEPT REPLACEMENT 5814 COLLATERAL NGL WATER SOLUTIONS Dj LLC USR-1747 Contract Status CTB REVIEW Contract Lead* jTRUJI LLOMARTIN EZ Contract Lead Email jh u lIIomartinez@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-1747 $9,750 0D REQUIRED 1N COLLATERAL PROVIDED BY PERFORMANCE BOND N-9000079, ISSUED BY INDEMNITY NATIONAL INSURANCE COMPANY Contract Description 2 Contract Type. AGREEMENT Amount. $9,750 00 Renewable. NO Automatic Renewal Grant IGA Department PLANNING Department Email CM -Plan n►ng@veldgov.com 'Department Head Email CM -Plan ning- De ptH ead OYwe I d g ov. co m County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORNEY@WELDG OV COM If this is a renewal enter previous Contract ID I If this is part of a MSA eater I4SA Contract ID Requested BOCC Agenda Date. 05/18/2022 Due Date 05/14/2022 Will a work session with BOCC be required?. NO Does Contract require Purchasing Dept. to be included? NO Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not to OnBase r "Camtract=Date Effective Date Termination !Notice Period TConf.ceiri o1'Ination , ^_ f " .'vr ' Contact itio _ _. _ - x ��«`, ��'t�d.i*�_a, r iContact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Review Date 05/18/2023 Committed Delivery Date Renewal Date Expiration Date* 05/18/2024 'PUrat8t5tt1(� - 'feLrd Purchasing Approver -7 ',Approyal Process- 21,7 - Department Head TOM PARK° JR. DH Approved Date 05/18/2022 L rFeraal Approval' BOCC Approved BOCC Signed Date BOCC Agenda Date 06/06/2022 Originator JTRUJILL°MARTINEZ Purchasing Approved Date Balance Approver CHERYL PATTELLI Rnance Approved Date 05118/2022 Tyler Ref # AG 060622 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 05/18/2022 "-E�h"��((,,�s�> ►er -s.- 3�v' /• Y �"`;JI V,, _r . - r "yam.• r ��r 2, - � t. 3i, k .*�r�'#�:. .atei.� �� ?�9,�T ��w�.'+�''..k�[M1v,,.: ara ^', ��r,�:�?��.�;��a%�� a�.ifx3^7!�''� .: ' ,_�., _r..�•�'`�W��` sf 7. _n"E� J i Hello