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Home My WebLink About20222511.tiffRESOLUTION RE: APPROVE FULL RELEASE OF COLLATERAL FOR RIGHT-OF-WAY USE PERMIT, RW10-00401 - KERR-MCGEE GATHERING, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on November 23, 2010, the Weld County Department of Public Works accepted and approved a Right -of -Way Use Permit (RW10-00401), for Kerr-McGee Gathering, LLC, 1201 Lake Robbins Drive, The Woodlands, Texas 77380, for a Two (2) Year Warranty of Workmanship regarding the installation of a 20 -inch natural gas pipeline under County Roads 22, 24, and 26, on the following described real estate, to -wit: County Road 22, 24, and 26 Crossings between Sections 3, 10, and 15, of Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on December 13, 2010, pursuant to the terms of said permit, the Board approved a Performance and Maintenance Bond, SUR0002593, from Argonaut Insurance Company, 225 West Washington Street, 6th Floor, Chicago, Illinois 60606, in the amount of $15,000.00, which included a $5,000.00 warranty per crossing, and WHEREAS, the Department of Public Works received a request from Kerr-McGee Gathering, LLC, that the Board of County Commissioners release the currently held collateral for Right -of -Way Use Permit, RW10-00401, in the amount of $15,000.00, and WHEREAS, staff from the Department of Public Works recommends release of said project collateral and no warranty collateral is required to be held as the two (2) year warranty of workmanship period has expired, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said collateral, in the form of Performance and Maintenance Bond, SUR0002593, guaranteed by Argonaut Insurance Company, 225 West Washington Street, 6th Floor, Chicago, Illinois 60606, in the amount of $15,000.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the collateral in the form of Performance and Maintenance Bond SUR0002593, guaranteed by Argonaut Company, in the amount of $15,000.00, be, and hereby is, released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 4856484 Pages: 1 of 2 09/21/2022 10:32 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO CC'.PL(TP/I-W/DA/ST14) p1,J(AN) liii ��PIc4GGI�LCIMAilhi1/410 IMP lit lAiillimAl III '0/11/12 2022-2511 EG0080 FULL RELEASE OF COLLATERAL FOR RIGHT-OF-WAY USE PERMIT (RW10-00401) — KERR-MCGEE GATHERING, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WE ) COUN Y, COLORADO ATTEST: Weld County Clerk to the Board County At •rney Date of signature: 4856484 Pages: 2 of 2 09/21/2022 10:32 AM R Fee:$0.00 Car1ir:ijerirliWitiffAltas lilt c•tt K. James, Chair Mjke-Freeman, Pr 2022-2511 EG0080 October 17, 2022 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 Sent by email: Russell.Kerlel. westernmidstream.com Attn: Russell Kerle Western Midstream 1099 18th Street — Suite 1800 Denver, CO 80202 RE: Full Release of Collateral for Right -of -Way Use Permit, RW10-00401 Performance and Maintenance Bond No. SUR0002593 - $15,000.00 — Kerr-McGee Gathering, LLC Dear Mr. Kerle: Attached please find a copy of the Board of County Commissioner's Resolution, dated August 31, 2022, authorizing the full release and cancellation of Performance and Maintenance Bond No. SUR0002593 in the amount of $15,000.00 through Argonaut Insurance Company. If you have any questions, please contact me at (970) 400-4227, or email me at choffman@weldgov.com. V- y truly yours, Cheryl L. Hoffman Deputy Clerk to the Board Enclosure cc: Elizabeth Relford and Amy Mutchie, Department of Public Works Jay McDonald and Curtis Hall, Department of Public Works Clerk to the Board File EG0080 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 Western Midstream Partners, LP Attn: Shane Jones 9950 Woodloch Forest Drive — Suite 2800 The Woodlands, TX 77380 RE: Full Release of Collateral for Right -of -Way Use Permit, RW10-00401` Performance and Maintenance Bond No. SUR0002593 - $15,000.00 — Kerr-McGee Gathering, LLC Attached please find the original Performance and Maintenance Bond No. SUR0002593 an a copy of the Board of County Commissioner's Resolution, dated August 31, 2022, authorizing the full release and cancellation of Performance and Maintenance Bond No. SUR0002593 in the amount of $15,000.00 through Argonaut Insurance Company. If you have any questions, please contact me at (970) 400-4227, choffman@weldgov.com. Cheryl L/ off an Deputy Clerk to the B • and Enclosyre cc: Russell Kerle, CPL — Western Midstream Elizabeth Relford and Amy Mutchie, Department of Public Works Jay McDonald and Curtis Hall, Department of Public Works Clerk to the Board File EG0080 CLERK TO THE BOARD -1‘) 1150 O STREET jiliate PO BOX 758 GREELEY CO 80632-0758 Western Midstream Partners, LP Attn: Shane Jones 9950 Woodloch Forest Drive - Suite 2800 The Woodlands, TX 77380 O. W U W CC .v < i c/) O� o SW, r_^^ '_ u) u G O C:. v (O W E a v vi z a) 5 O E L O C J N V l'es r: 1/2 03 ( h a a a) u_ 2 8 0) Eft (fl EA U O U a) a) Q. To a) CC I- CC 0 2 a• s C rn U) a a) O) 4izA a 2 12 to 9 t2L. 9E11 0000 0e.62 6'10e. t ISENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: .eas ) 91.) bvikan Vn-ra"4, 7 73 Illillilt liii iii i ii liii ii i MI 11 11111111111 9590 9402 6749 1074 1338 18 as 2. Article Number (Transfer from service label) 7019 2970 0000 11,36 7278 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Adult Signature El Adult Signature Restricted Delivery ertified Mail® ertified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Mail Mail Restricted Delivery r _300) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt i .f.-........i i SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: a44-te-4-A) :A-424-,ce 902) 1(2 talla ri 7 73 St) COMPLETE THIS SECTION ON DELIVERY A. Signature X 1 l (Printed Name) /1.2, irk 5 Agent O Addressee C. Date/of De)very /07.241 D. Is delivery address different from item 1? O Yes 1111111N IIII II III I 1111111111111111 9590 9402 6749 1074 1338 18 If YES, enter delivery address below: O No 2. Article Number (Transfer from service label) 7019 2970 0000 1136 7278 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery edified Mail® ertified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery d Mail Mail Restricted Delivery _ iOO) ❑ Priority Mail Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery ❑ Signature Confirmation", ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt O2W a2 b/( BOND NO. SUR0002593 PERFORMANCE AND MAINTENANCE BOND FOR WORK WITHIN THE PUBLIC RIGHT-OF-WAY KNOW ALL PERSONS BY THESE PRESENTS, that (name)Kerr-McGee Ga ering LLC,(address)1201 lake Robbins Drive, The Woodlands, TX 7738 , a (corporation, limited liability company, etc.) a limited liabity company, organized under the laws of the State of Color with itprincipal office located at (address) 1201 lake RobbinsPrive, The Wood ends, TX 77380, hereinafter called "Principal", and ( ome of surety)Arg.naut Insurance Company, of (address of surety)225 G,3`. Washington, 6th Floor, Chicago, IL 60606, hereinafter called 'Surety" are held and irmly bound unto Board of County Commissione,s of Weld County, Colora.., on behalf of Weld County, Colorado, her inafter called "Obligee' in the full and penal sum of Fifteen T usand Dollars ($15,000.00), law ul money of the United States for thayment of which we bind ours- ves, successors and assigns, joirytly and severally, firmly by these presents. /f o, WHEREAS, the above -bound Principal has obined or is about to obtain from the Obligee - permit for the constr ction of a (describe the project)Right-of-Way •-rmit for County Ro9,d 22, 24, & 26 Crossings between Sections 3, 10 & 15 of T2N-R67W and Aection 34 of T3N-R67W , and pursuant to the requireme'ts of the permit, has entered into an Agreement with Obligee, and WHEREAS, State Statute and &oun procedure authorize Obligee to require Principal to provide a per'.r ance and maintenance bond in the amount of Fifteen Thousand Dollars , 15,000.00), which amount shall automatically renew until release • by •bligee, to guarantee that Principal shall well, truly and ithfu ly perform its duties, and all of the undertakings, covenants,terms, a conditions required by the Agreement, in the Permit and/1r in the Per it Application during the original term of the Permit nd any extensi• s thereof which may be granted by Principal, with for without notice o Surety. NOW, THEREFORE, the par es agree that if the Principal shall well, truly and faithfully perform its duties, and all f its undertakings, covenants, terms, an.; conditions as set forth in th Agreement, in the Permit and in the Pc mit Application, throughout the construction period and during he two (2) year warranty period fo owing the construction per' d, and if Principal shall satisfy all claims and demands incurre�+ in the Agreement, Permit and/or Permitpplication, and shall ful indemnify and save harmless Obilgee from a.1 costs and damages whicit may suffer by reason of Principal's defauland shall reimburse .'d repay Obligee all outlay and expense which Obligee may incur in raking good any default, then this obligation shall b- void. PROVID.b FURTHER, that if Principal shall default in its obligati c s as set forth under the Agreement, Permit and/or Permit Application, an the -after fail to fully indemnify and save harmless Obilgee from al costs and damages which it may suffer by reason of said default, this ligation shall remain in full force and effect until its release by Obligee. (ULLA I LKAL RELEASED NO LONGER REQUIRED by Board of Weld County Co missioners date' s /1/.2 -- by: Deputy C k to the Bo 1 r BOND NO. SUR0002593 VVLLM I GR/Y1.. RELEASED NO LONGER REQUIRED by Board of Weld County Commissioners date: Ofl7�� by: Deputy CI_:' to PROVIDED FURTHER, that Surety, for value received hereby stipulates and ,� grew that no change, extension of time, alteration or addition to the/ terms of the Agreement and/or Permit or to the work to be performed // th- eunder, shall in any way affect it obligations on this bond, andAt does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or Permit. PROVIDED'FURTHER, this bond is NONCANCELLABLE, and shall remai'in full force and effect until released by Obligee. IN WITNESS WHOREOF, this instrument is executed in four (4// counterparts, 'each one of which shall be deemed an origin;/l, this 8th day of November;i2010. ; / Kerr-McGee Gathering LLC Principal ' AACA- c Principal Secretary/Witness (SEAL) Witness as to Surety By: Tit Stephen J. Foster Assistant Treasurer, Risk Management Argonaut Insurance Company 5847 Address resa D. Kelly, Attorney -in -Fact n Felipe #2750 Houston, TX 77057 Houston, TX 77057 Address Address IMPORTANT: Surety .ompany executing bond must appear on the Treasury Department's mos current list (Circular 570 as amended) and be authorized to tr-.nsact business in the State of Colora Bond must be/accompanied with Attorney -in Fact's autho ity from the surety comp y certified to include the date of the bond. AS -0003080 Argonaut Insurance Company 225 W. Washington, 6th Floor Chicago, IL 60606 POWER OF ATTORNEY KNOW ALL MEN BTHESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws and having its principal dfice in the County of Cook, Illinois does hereby nominate, constitute and appoint: Dan W. Burton, Benjamin D. Wilcox, Candace D. Bosheers, Teresa D. Kelly 4 its true and lawful agent and att ey-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed anland all bonds, contracts, agreements of indemnity and othekundertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15,000,000.00 ate of Illinois This Power of Attorney is granted and is'gned and sealed under and by the authority of the following Resolution adopted by di Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice $resident, Vice executepowerspowers of attorney, and such authority car the Company, qualifying the attorn, - ED Insurance Company �" ' 1R v�-t�'� �KH O LONGER CommIss1ooers RELEASE Weld GountY 710"{ by 5°,1f date' bY� COUNTY OF BEXAR SS: f' 'start Vice President, Secretary, Treasurer each of them hereby is authorized to mile signature, which may be attested or,�`cknowledged by any officer or attorney, of 'attorney, to execute in behalf of, and;d"cknowledge as the act and deed of the Argonaut ffix the corporate seal thereto." 7 seal to be hereunto affixed and;-trese presents to be signed by its duly authorized By: Argonaut Insurance Company Michael E. Arledge, President On this 15th day of September, 2008 A.D., before me, a Notary Public of the Statexas, in and for the County of Bexar, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the indiv ual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, dep6sed and satin that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company„a`nd the said Co orate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporal , and that Resoluti4u adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. / e /r IN TESTIMONY WHEREOF, I have hereunto set my hand, and &nixed my Official Seal at the Conn of Bexar, the day and year first above written. (Notary Public) I, the undersigned Officer of the argonaut Insurance Company, an Illinois Corporation, do hereby certify that the original POWER O `' TTORNEY of which the foregoing is a full, true and co ect copy is still in full force and effect and has not been revoked. IN WITNESS WHEREO I have hereunto set my hand, and affixed the Seal of said Company, on the 241 -day of Robert F. Thomas, Vice President THkS DOCUMENT IS NOT VALID UNLESS PRINTED ON SHADED BACKGROUND WITH RED SERIAL NUMBER IN THE UPPER RIGHT HAD CORNER. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (281) 378 - 8077. ANADARKO PETROLEUM CORPORATION ASSISTANT SECRETARY'S CERTIFICATE I, Margaret E. Roark, Assistant Secretary of Kerr-McGee Gathering ,CLC, a Delaware limited liability company (the "Company"), hereby certify that ephen J. Foster is Assistant Treasurer of the Company, and that he is authorized to ex cute bonds on behalf of the Company. , I further certify that the specimen signature set opposite the name of Stephen J. Foster below is a facsimile of his true and genuine signature. Name and Title Si_nat -e Stephen J. Foster Assistant Treasurer ,�✓ IN WITNESS WHEREOF ,J have hereunto :et my hand and affixed the seal of the Company, this 10th day of November 2010. Margaret E. Roark Assistant Secretary Board � REQUIRED by N LONGER RE RELEASED NO Commissioners date: I of Weld County iP O5 - BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Full Release of Collateral for: Kerr-McGee Gathering, LLC.— Performance and Maintenance Bond No. SUR0002593 DEPARTMENT: Public Works PERSON REQUESTING: Amy Mutchie DATE: Aug 3, 2022 Brief description of the problem/issue: The Department of Public Works received a request from Kerr-McGee Gathering, LLC., requesting that the Board of County Commissioners release the currently held collateral for Right -of -Way Use Permit RW10-00401 in the amount of $15,000.00. No warranty collateral is required to be held as the 2 -year warranty of workmanship period has expired. 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. Recommendation: The Department of Public Works is recommending approval of the full release of collateral for Kerr-McGee Gathering LLC. — Performance and Maintenance Bond No. SUR0002593. Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine Apip Schedule Recommendation Work Session Other/Comments: Ail olice 2022-2511 63/ 3t EC-1CM ANADARKO PETROLEUM CORPORATION P.O. BUY 1330 • Ho,,110v. TEXAS 77 25 1-1 330 iMAi- November 17, 2010 Amy Burry Utility Coordinator/Permit Agent Weld County Public Works PO Box 758 Greeley, CO 80632 Anadarkpt Re: Bond #: SUR0002593 Obligee: County Commissioners of Weld County, Colorado Principle: Kerr-McGee Gathering, LLC Description: Performance and Maintenance Bond for Work within the Public Right -of -Way Dear Ms. Burry, We are pleased to enclose the original above captioned bond number SUR002593. We trust you will find the enclosed to be in complete order. However, should you have any questions or concerns, please do not hesitate to contact our office. Kindest regards, C(A_ /WVCc�,,� Tara McCann Sr. Risk Analyst Anadarko Petroleum Tara.McCann(toanadarko.com (832)636-3902 BOND NO. SUR0002593 PERFORMANCE AND MAINTENANCE BOND FOR WORK WITHIN THE PUBLIC RIGHT-OF-WAY KNOW ALL PERSONS BY THESE PRESENTS, that (name)Kerr-McGee Gathering LLC,(address)1201 lake Robbins Drive, The Woodlands, TX 77380, a (corporation, limited liability company, etc.) a limited liability company, organized under the laws of the State of Colorado, with its principal office located at (address) 1201 lake Robbins Drive, The Woodlands, TX 77380, hereinafter called "Principal", and (name of surety)Argonaut Insurance Company, of (address of surety)225 W. Washington, 6th Floor, Chicago, IL 60606, 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 Fifteen Thousand Dollars ($15,000.00), lawful money of the United States for the payment of which we bind ourselves, 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 permit for the construction of a (describe the project)Right-of-Way Permit for County Road 22, 24, & 26 Crossings between Sections 3, 10 & 15 of T2N-R67W and Section 34 of T3N-R67W , and pursuant to the requirements of the permit, has entered into en Agreement with Obligee, and WHEREAS, State Statute and County procedure authorize Obligee to require Principal to provide a performance and maintenance bond in the amount of Fifteen Thousand Dollars ($15,000.00), which amount shall automatically renew until released by Obligee, to guarantee that Principal shall well, truly and faithfully perform its duties, and all of the undertakings, covenants, terms, and conditions required by the Agreement, in the Permit and/or in the Permit Application during the original term of the Permit and any extensions thereof which may be granted by Principal, with or without notice to Surety. NOW, THEREFORE, the parties agree that if the Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditions as set forth in the Agreement, in the Permit and in the Permit Application, throughout the construction period and during the two (2) year warranty period following the construction period, and if Principal shall satisfy all claims and demands incurred in the Agreement, Permit and/or Permit Application, and shall fully indemnify and save harmless Obiigee from all costs and damages which it may suffer by reason of Principal's default, and shall reimburse and repay Obligee all outlay and expense which Obligee may incur in making good any default, then this obligation shall be void. PROVIDED FURTHER, that if Principal shall default in its obligations as set forth under the Agreement, Permit and/or Permit Application, 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 until its release by Obligee. BOND N0. SUR0002593 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 Agreement and/or Permit or to the work to be performed thereunder, shall in any way affect it 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 Agreement or Permit. PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall remain in full. force and effect until released by Obligee. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this day of November, 2010. Principal Secretary/Witness (SEAL) Kerr-McGee Gathering LLC Principal By: Tit I Stephen J. Foster Assistant Treasurer, Risk Management Argonaut Insurance Company Bye.-/ J�r�� ( Suk Witness as to Surety Teresa D. Kelly, Attorney -in -Fact 5847 San Felipe #2750 5847 San Felipe #2750 Address Address Houston, TX 77057 Houston, TX 77057 Address Address IMPORTANT: Surety company executing bond must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. Bond must be accompanied with Attorney -in Fact's authority from the surety company certified to include the date of the bond. AS -0003080 Argonaut Insurance Company 225 W. Washington, 6th Floor Chicago, IL 60606 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Dan W. Burton, Benjamin D. Wilcox, Candace D. Bosheers,'fetesa D. Kelly its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 1Sth day of September, 2008. Argonaut Insurance Company L By: Michael E. Arledge, President STATE OF TEXAS COUNTY OF BEXAR SS: On this 15th day of September, 2008 A.D., before me, a Notary Public of the Slate of Texas, in and for the County of Bexar, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, t have hereunto set my hand, and affixed my Official Seal at the County of Beza , the day and year first above written. EECKI' �MEME2 �Y PobMC. Sage d Tpoe OIICIIMfrr m. 201 t (Notary Public) 1, the undersigned Officer of the Argonaut Insurance Company, an Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, trite and correct copy is still in full force and effect and has not been revoked. Q IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the l� day of 7. Robert F. Thomas, Vice President THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON SHADED BACKGROUND WITH RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (281) 378 - 8077. ANADARKO PETROLEUM CORPORATION ASSISTANT SECRETARY'S CERTIFICATE I, Margaret E. Roark, Assistant Secretary of Kerr-McGee Gathering LLC, a Delaware limited liability company (the "Company"), hereby certify that Stephen J. Foster is Assistant Treasurer of the Company, and that he is authorized to execute bonds on behalf of the Company. I further certify that the specimen signature set opposite the name of Stephen J. Foster below is a facsimile of his true and genuine signature. Name and Title Signature Stephen J. Foster Assistant Treasurer IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Company, this 10`h day of November 2010. Margaret E. Roark Assistant Secretary 153 RESOLUTION RE: APPROVE RIGHT-OF-WAY USE PERMIT AND ACCEPT COLLATERAL FOR TWO (2) YEAR WARRANTY OF WORKMANSHIP - KERR-MCGEE GATHERING, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on November 23, 2010, the Weld County Department of Public Works accepted and approved a Right -of -Way Use Permit (RW10-00401), for Kerr-McGee Gathering, LLC, 1201 Lake Robbins Drive, The Woodlands, Texas 77380, for a Two (2) Year Warranty of Workmanship regarding the installation of a 20 -inch natural gas pipeline under County Roads 22, 24, and 26, on the following described real estate, to -wit: County Road 22, 24, and 26 Crossings between Sections 3, 10, and 15 of Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to the terms of said permit, the Board has been presented with a Performance and Maintenance Bond, SUR0002593, from Argonaut Insurance Company, 225 West Washington Street, 6th Floor, Chicago, Illinois 60606, in the amount of $15,000.00, which includes a $5,000 warranty per crossing, and WHEREAS, after review, the Board deems it advisable to accept said Performance and Maintenance Bond as stated above, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Performance and Maintenance Bond, SUR0002593, from Argonaut Insurance Company, 225 West Washington Street, 6th Floor, Chicago, Illinois 60606, in the amount of $15,000.00, be and hereby is, accepted. iItltlI IIl lI111111111111111111IIIIl III11111 3744153 01/10/2011 11:44A Weld County, Co 1 at 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder tv ,A rr 1-1Li -3b2-11 2010-2904 EG0062 RIGHT-OF-WAY USE PERMIT — KERR-MCGEE GATHERING, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of December, A.D., 2010. ATTEST: Weld County Clerk to the Boar BY: Depu AP' ' ! ED `jfe • RM: ounty Attorney Date of signature: ' l 111111 11111 111111 III IIII 1111111111111111111 111 I11 3744153 01/10/2011 11:44A Weld County, CO 2 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder OARD OF COUNTY COMMISSIONERS D COUN COLORADO (442i kfr-ai ademach-r, . hair Sean P. Conw William F. Gar (1,,A David E. Long 2010-2904 EG0062 MEMORANDUM Wilk COLORADO TO: Clerk to the Board DATE: December 8, 2010 FROM: Josh Holbrook, Public Works SUBJECT: Agenda Item Approval of the (attached) two-year bond for Right -of -Way Permit # RW 10-00401. Permit Applicant: Kerr-McGee Gathering, LLC Description of ROW use: New 20" steel gas pipeline to be bored under CR 22, 24, and 26. Tracking mats/pads to be used where equipment crosses the county roads. pc: Janet Carter, Traffic Engineer M:1Francie\Agenda-PERMIT BONDS.docx 2010-2904 WELD COUNTY RIGHT-OF-WAY USE PERMIT Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970) 304-6496 After Hours: (970) 356-4000 Emergency Services: (970) 304-6500 x 2700 Inspection: (970) 304-6480 Permit Number: RW10-00401 Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado. A copy of this permit must be on site at all times during construction hours. Approved MUTCD traffic control/warning devices are required at all times. Permit Type: Standard Project Name: 3 Mile 20" Loop of the 05-16" Application Date: 11/08/2010 Applicant Information: Name: Scott Knutson Company: Kerr-McGee Gathering LLC Phone: 303-841-1525 Email: exploreland@comcast.net USR#: Not required Start date: 11/22/2010 Permit fee: $200.00 Expiration date: 02/08/2011 Contractor Information: Name: Roy Acevedo Company: Hettinger Mayo LLC Phone: 970-566-2691 cell Email: mtorres@hettingerllc.com Location: WCR: 22, 24, 26 Between: 19 And: 23 Address: n/a Subivision: n/a Legal: see a t - Impacted Surface(s): El Asphalt/Chip seal/RAP (Gravel ❑ Treated Gravel a Outside Roadway ❑ Other Use Type: ❑ Communication ❑ Irrigation Classification of Work: ❑ Abandonment O Misc. Occupation O Relocation O Potholing ®Other bore 20"pipeline ❑ Maintenance O Culvert Installation ❑ Road Improvements ❑ Tree Trimming W New Service ❑ Overhead Installation ❑ Underground Installation O Surveying Description of ROW use: New 20" steel gas pipeline to be bored under CR 22, 24, 26. Tracking mats/pads will be used where equipment crosses the County Roads. Restoration: ❑ Asphalt (HMA) ❑ Structural Fill ❑ Electrical ❑ Storm Water 0 Gas/Oil O Misc ❑ Water Service ❑ Sanitary Sewer 0 Class 6 Road Base ❑ Fugitive Dust Chemical O Compaction Testing ❑ Mulching O Flow Fill W Native Material 0 Reseeding O Erosion Control El Other Class 6 at crossing Weekend Hours No Daily work hours are from DAYLIGHT to 1/2 HOUR BEFORE DARK Special Requirements To Be Secured under Bond #SUR000259. Crossings to be maintained during construction and Class 6 roadbase replenished after crossings are closed and tracking pads removed. Weekly schedule. Approved by: agro�yagneo�ya yen Weld County Public Works Date: 11/23/2010 on: crrAmy u"rry, rxu5. public works. ourveW muMy. ma�abu rry ®m. weld. m -us I�wrr I am approving Ihb eonxnem n�ro�m n r i �3 man-na .nL Rev. July 2010 Print Date -Time: 11/23/2010 7:39:37AM Report ID: PW00001v002 Page 1 of 1 VV CAL LVLVIUUV 31114000053 IX RODNEY 10002 CR 22 0RT LUPTON, CO 80621-9314 hp . c,1' A-rr /Acorn DA) a' <07 b wtm 1≤≤R.E C uo.. i p R Wait- Z2- Setected_Features Streel:Road Dame Parcels Section Grid El Qtr. Section Grid 0 Township Photography (high Res.) Photography Ow Res.) otal Taxes: mount Due: Lem.,., of e',clwvrnlw tdeisdc T. Cad...i' J"q 14 UNP+A+O 114:elO Wes- 21. L.�a...�l....,...'1 ...�.,....L--...,/Ado,T:,1rPtJfC/7Yf1C9gprcrirpNarrip=urAci 1VTNFn,n =Tnict . rieride._. 1 1/1/2010 weld l;ounty, Colorado raga or. Weld County, Colorado ,4n.j. rmsomx (,ec4fnw4 0F (',ussinlF w wei t i Legend ttigh fighted_Feaiu re Selected Features Street/Road Name Parcels El Section Grid 0 Qtr. Section Grid 0 Township Photography (high Res.) otal Taxes: mount Due: Weld County, Colorado r[I.gc I vi Weld County, Colorado 131103000073 RUGE MAURICE E 9880 CR 26 AfPA. W44IF 40911v4 DA gate' eit.rSrN4. Oa 11JGAC 24 FORT LUPTON, CO 80621 Legend Hiyh1i hUd_Fealuns Street'Road Name Parcels ❑ Section Grid an. Section Grid ❑ Township Pholagraphy (high Rasa otal Taxes: mount Due: . -1rrinvrRrFnrm=TriteR.F.na de I1/5/2010 Traffic Control Plan Weld County Road 22, 24 & 26: • 2 Signs "Utility Work Ahead" will be posted east and west of the construction area within the roadway right-of-way for WCR 22, 24 & 26. o The construction will be conducted by directionally boring under the existing roadway. o There is adequate off -road space for parking of vehicles and equipment so that work crew personnel, vehicles, and equipment will be located off any Weld County Roads during the course of construction. o Flaggers will be used at all times when construction equipment is being moved across the Weld County roads. Weld County Road 21: (NOTE: Not a Weld County Maintained Road) • Construction area will shut -down access to 2 homes that use WCR 21 as a driveway. o The existing road on the Rodney Mix property will be improved to allow the 2 homeowners access to their homes during the construction. o The construction will be conducted by open cut of existing unmaintained roadway. NOTE: Tracking pads will be installed at all locations where heavy equipment crosses the Weld County Roads. Cheryl Hoffman From: Sent: To: Subject: Amy Mutchie Wednesday, September 7, 2022 3:07 PM Cheryl Hoffman Kerr-McGee Gathering Bond Release -Mailing address Hi Cheryl, Below is the address where the Bond should be sent to when it ready to go. Thanks again, for helping me through this! Thank you, Amy W utchie Permitting Coordinator Weld County Public Works (970) 400-3764 amutchie�r weldgov.corn 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: Kerle, Russell [ MDM Services Corp ] <Russell.Kerle@westernmidstream.com> Sent: Thursday, July 7, 2022 7:56 AM To: Amy Mutchie <amutchie@weldgov.com> Subject: RE: [EXTERNAL]: FW: Kerr-McGee Gathering Bond Release Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you Amy, once bond has been released, could you please mail it back to: Shane Jones Western Midstream Partners, LP 9950 Woodloch Forest Dr., Suite 2800 The Woodlands, Texas 77380 Thanks again, let me know if you have any questions or concerns. Russell Kerle, CPL Consulting Landman 1 Western Midstream) 1099 18th Street, Suite 1800 Denver, Colorado 80202 Office — (303) 357-7742 Cell — (214) 701-2834 Email — Russell.Kerle@WesternMidstream.com "DISCUSSIONS AND COMMUNICATIONS REGARDING THIS MATTER CONSTITUTE MERELY PRELIMINARY NEGOTIATIONS BETWEEN THE PARTIES, DO NOT CONSTITUTE AN OFFER BY ONE PARTY TO THE OTHER PARTY, AND DO NOT CREATE IN ANY PARTY A POWER OF ACCEPTANCE" From: Amy Mutchie <amutchie@weldgov.com> Sent: Wednesday, July 6, 2022 12:33 PM To: Kerle, Russell [ MDM Services Corp ] <Russell.Kerle@westernmidstream.com> Subject: [EXTERNAL]: FW: Kerr-McGee Gathering Bond Release Hi Russell, I have received your request and will start the process for the Board of County Commissioners to release the collateral. Please contact me with any questions. Thank you, Amy 9Il utc/iie Permitting Coordinator Weld County Public Works (970) 400-3764 amutchi @weldgov.com 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: Kerle, Russell [ MDM Services Corp ] <Russell.Kerle@westernmidstream.com> Sent: Tuesday, July 5, 2022 10:14 AM To: Cindy Bengford <cbengford@weldgov.com> Subject: Kerr-McGee Gathering Bond Release Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cindy, We are requesting that Weld County allow us to release this bond from 2010, we have installed this pipeline and it's been over the two years that is required to hold the bond for. We'll need your written permission to do so. 2 Can you send me the address/contact person that release request should go to? Thank you, Russell Kerle, CPL Consulting Landman N ester"n i\4idstreari 1099 18th Street, Suite 1800 Denver, Colorado 80202 Office — (303) 357-7742 Cell — (214) 701-2834 Email — Russell.Kerle@WesternMidstream.com "DISCUSSIONS AND COMMUNICATIONS REGARDING THIS MATTER CONSTITUTE MERELY PRELIMINARY NEGOTIATIONS BETWEEN THE PARTIES, DO NOT CONSTITUTE AN OFFER BY ONE PARTY TO THE OTHER PARTY, AND DO NOT CREATE IN ANY PARTY A POWER OF ACCEPTANCE" 3 Cheryl Hoffman From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Amy Mutchie Thursday, July 21, 2022 7:53 AM Cheryl Hoffman Esther Gesick RE: Performance Bond $15,000 - Request to Release - Kerr McGee Gathering Follow up Flagged Hi Cheryl, I will be putting together the pass around. Elizabeth is back this week to help me with it. Thank you, Amy Il utchie Permitting Coordinator Weld County Public Works (970) 400-3764 amutchi a weldgov. corn 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: Thursday, July 21, 2022 7:39 AM To: Amy Mutchie <amutchie@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: FW: Performance Bond $15,000 - Request to Release - Kerr McGee Gathering Good morning, Amy, Have you heard any more on this one? Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 1 From: Cheryl Hoffman <choffman@weldgov.com> Sent: Wednesday, July 6, 2022 11:03 AM To: Amy Mutchie <amutchie@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: Performance Bond $15,000 - Request to Release - Kerr McGee Gathering Here you go, Amy. Let me know if you have questions. Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 67 RIGHT OF WAY PERMITS Public Service Company of Colorado (2009-2963) 11/09/2009 Utility Right -of -Way — Milliken Pipeline Project Two year Warranty of Workmanship Irrevocable Letter of Credit #CPCS-794699 from JPMorgan Chase Bank Extended to 9/22/2012 Kerr McGee Gathering, LLC (2010-2904) 12/13/2010 Right of Way — 20 inch natural gas pipeline under CR 22, 24,and 26 Two year Warranty of Workmanship Performance and Warranty Bond #SURo02593 From Argonaut Insurance Company Includes $5,000 warranty per crossing DCP Midstream, LP (2010-3052) 12/29/2010 Right of Way — 20 inch natural pipeline under CRs 34.5, 38, 42, 44, 46, 48, 50, 52, and 54 between CRs 47 and 49 Two year Warranty of Workmanship License or Permit Bond #105487751 from Travelers Casualty and Surety Company Rocky Mountain Pipeline System, LLC (2013-2884)10/10/2013 Temporary Construction Easement for Reconstruction of a Pipeline. Bore beneath Hokestra P t. Pipeline was impacted by recent flooding. Two year Performance Bond #RLB0015322 from RLI Insurance Company Effective October 9, 2013 to October 9, 2015 Assigned to Magellan Pipeline GP, LLC on 11/20/2013 (2013-3263) Released Surety Bond RLB0015322 from RLI Insurance and accepted Performance Bond NO 106012848 From Travelers Casualty and Surety Company of America Effective November 15, 2013 to November 15, 2015 $25,000.00 $15,000.00 $40,000.00 $1,500,000.00 As of 07/06/2022 M:\COLLATERALLIST/COLLATERALDOC Contract Form New Contract Request Entity Information Entity Name. Entity ID KERR-MCGEE OIL & GAS ONSHORE 400008581 Contract Name. KERR-MCGEE GATHERING, LLC COLLATERAL RELEASE - PERFORMANCE AND MAINTENANCE BOND FOR RW10- 00401 Contract Status CTB REVIEW ❑ New Entity? Contract ID 6205 Contract Lead. ERELFORD Contract Lead Email erelfordO1co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description * REQUESTING BOCC APPROVAL TO RELEASE THE PERFORMANCE AND MAINTENANCE BOND (NO. SUR0002590) FOR ROW PERMIT NUMBER RW10-00401 IN THE AMOUNT OF 51 5,000. NO WARRANTY COLLATERAL IS REQUIRED TO BE HELD AND THE WORKMANSHIP PERIOD HAS EXPIRED. Contract Description 2 Contract Type. AGREEMENT Amount' 51 5,000.00 Renewable. NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorksweldgov.conn Department Head Email CM-PublicWorks- DeptHead weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORNEYTWELDG OV.COM Requested It CC Agenda Date. 08 1 5, 2022 Due Date 08 11 2022 Will a work session with BC►CC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a NSA enter MSA Contract ID Note' the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date. 12 30 2022 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date* 12,30 2022 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAY MCD©NALD DH Approved Date 08/09'2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08 31!2022 Originator ERELF©RD Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 08/10/2022 08,'12/2022 Tyler Ref It AG 083122 Hello