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Home My WebLink About20182733.tiffRESOLUTION RE: APPROVE PARTIAL CANCELLATION AND ACCEPT WARRANTY COLLATERAL FOR 2ND MINOR AMENDED USE BY SPECIAL REVIEW PERMIT, 2MUSR17-09-1708 - LONE STAR, LLC, C/O SELECT ENERGY 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 October 28, 2009, the Board approved the application of Lone Star, LLC, c/o Jim Lee, 1701 North Highway 385, Andrews, Texas 70714, for an Oil and Gas Support Facility (Class II — oilfield waste disposal facility) in the A (Agricultural) Zone District on the following described real estate, to wit: Part of the N1/2 N1/2 NW1/4 of Section 18, Township 3 North, Range 64 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on October 24, 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 Lone Star, LLC, with terms and conditions being as stated in said agreement, and accepted Performance Bond #K08480291 from Westchester Fire Insurance Company, 436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106, in the amount of $520,000.00, and WHEREAS, on February 26, 2014, the Board approved a partial release of said collateral in the amount of $442,000.00, and accepted a Surety Rider from Westchester Fire Insurance Company, in the amount of $78,000.00, to serve as Warranty Collateral, and WHEREAS, the Use by Special Review Permit was administratively approved for Minor Amendments by the Director of Planning Services, and WHEREAS, on March 7, 2018, the Board approved the First Amended Improvements Agreement According to Policy Regarding Collateral for Improvements and accepted a Bond Rider, from Westchester Fire Insurance Company, increasing the Bond amount and obligating Select Energy Services, LLC, in the amount of $142,087.00, to construct a deceleration lane into the facility, as determined by said Amended Improvements Agreement, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend a partial reduction of said collateral to serve as Warranty Collateral for a period of two (2) years, and WHEREAS, the Board has been presented with a Bond Rider Decreasing Bond Amount, to be attached to and form a part of Performance Land Use Permit Bond No. K08480291, reducing the Bond amount from $142,087.00 to $21,313.05, issued by Westchester Fire Insurance Company, and 4430814 Pages: 1 of 2 09/13/2018 02:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 � rR 'R��I ':I k�uh'rrh II 2018-2733 PL2031 PARTIAL CANCELLATION AND ACCEPTANCE OF WARRANTY COLLATERAL - LONE STAR, LLC, C/O SELECT ENERGY SERVICES, LLC PAGE - 2 WHEREAS, upon recommendation of staff, the Board deems it advisable to reduce said collateral and accept said Bond Rider, as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Bond Rider Decreasing Bond Amount, to be attached to and form a part of Performance Land Use Permit Bond No. K08480291, reducing the Bond amount from $142,087.00 to $21,313.05, issued by Westchester Fire Insurance Company, and to be retained as Warranty Collateral, be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of August, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifet) �' , diz1;1A, EXCUSED Steve Moreno, Chair Weld County Clerk to the Board arbara Kirkmeyerro-TemR 7 unty Attorney Date of signature: 4430814 Pages: 2 of 2 09/13/2018 02:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 11'�1I�i �IY'IfI�' h�� Nr'� B�L� l�4� K�L «Y h 11111 2018-2733 PL2031 eo- lbw o�� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular Agenda REQUEST RE: BOCC Agenda Item —Release of collateral and acceptance of new collateral for: Lone Star, LLC c/o Select Energy Services, LLC — 2MUSR17-09-1708 DEPARTMENT: Public Works DATE: 8/2/2018 PERSON REQUESTING: Evan Pinkham Brief description of the issue: The Department of Public Works received a request from the applicant, Select Energy Services, LLC, requesting that the Board of County Commissioners reduce the currently held collateral in the amount of $142,087.00, associated with 2MUSR17-09-1708. The applicant is requesting that the Board of County Commissioners accept a reduction in collateral to $21,313.05, for warranty collateral associated with the construction of a deceleration lane into the facility. This warranty collateral will be held for a period of two years, pending approved site inspection. Assistant County Attorney Frank Haug has reviewed the Improvements Agreement and Collateral requirements and recommends acceptance of the collateral. What options exist for the Board? I. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld County Collateral List: Lone Star, LLC (Select Energy Services, LLC) (2011-2804) (PL2819) USR #1708 10/24/2011 Improvements Agreement Performance Bond #K0848029I From Westchester Fire Insurance Company Noncancellable — Renews Annually Automatically Rider accepted 02/26/2014. 2 year warranty (2014-0568) Rider accepted 03/07/2018. Road Improvements (2018-0711) Recommendation: The Department of Public Works, and the County Attorney's Office are recommending approval of the collateral release and acceptance of new collateral for Select Energy Services, LLC — (2MUSRI7-09-1708). $520,000.00 -$442,000.00 $78,000.00 $142,087.00 Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair Schedule as Consent Schedule as Regular Agenda BOCC Item BOCC Hearing Item Other/Comments: 2018-2733 g//a-7 FL AO at MEMORANDUM COLORADO TO: Evan Pinkham DATE: 7.6.2018 FROM: Josh Holbrook, Construction Inspection Supervisor SUBJECT: Lone Star (offsite improvements) (WCR 34 East of WCR 49) Evan, On July 6, 2018 Public Works did a follow up inspection on the above -mentioned USR to verify that all the items have been completed. All the offsite improvements items have been substantially completed per the improvements agreement dated October 28, 2009. Per Section 7.3 of the agreement warranty collateral for all on -site and off -site improvements shall be submitted to the County and shall be held in total by the County for Two years. C- Engineering,PLANNIAG - DEVELOPMENT REVIEW -2017 Plammmg Referrals \MUSRI 7'QMCSRI 7-09-1708 Select Lone Star\Substantially complete letter. doc Page 1 of 1 BOND RIDER DECREASING BOND AMOUNT To be attached to and form a part of Performance Land Use Permit Bond No. K08480291 in the amount of $142,087.00 issued by the Undersigned Company, as Surety on behalf of Select Energy Services LLC as Principal, and the Board of County Commissioners of Weld County, CO as Obligee. The Principal and the Surety hereby agree to amend the Bond as follows: CHANGE THE BOND AMOUNT: From: 5142,087.00 To: X21, 313, 05 Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under the Bond, and in no event cumulative. Nothing herin contained shall vary, alter or extend any of the provisions, conditions or other ten is of the Bond except as above stated. Signed, sealed and dated this 3rd day of July, 2018. Select Energy Services, LLC Principal By: Westchester Fire Insurance Company Surety By: Katie Rogers, Attorrby-in-Fact a Power of Attorney WESTCHESTER FIRE INSURANCE COMPANY Know all men Oy there presents That WESTCHESTER FIRE INSURANCE COMPAW a !:arooratror of the C ornmonwedltn ,of Aennsytvanta pursuant to the following Reso/ulgt adoPletr ne Bu it • +� Directors of the said Company on December t t 2006 to eit *t3ESOLvED that the fottowsng authorizations relate tu tie eity;utron ter dnCa cm Uenatf of the Company if unocs urxtanasings recugniz.ances contracts anti 3tncy' wntk'' :txelmitiene tilh..3t me Company entered into the ordinary course of ouscnes. (each a 'ttVtttten Commitment-) t t ; Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any .Written Commitment for anti .)r. be ton of the Comf tins, uncle( the seat it the Company or otherwise 2) Each duly appointed attorney -in -fact of the Company tS hereby authorized to execute any Written Commitment for and on behalf of the Company ender tree seal of the Company or otherwise extent that such action is authonzed by the grant Of powers provided for In such persons written appointment as Such attorney -In -fact 3t Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company. to appoint in writing any person (tie attorney-cn-fat:[ of the Ccs' any with guff power and authority to execute for and to Denali of the Company under the seat of the Company or of erwise, such Written Commitments Of the Cornpanv as ^nay, ne saectffc such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments Each of the Chairman, tne President and 'Vice Presidents of the Company is nereby authorized for and on behalf of the Company. to delegate in writing any other officer of the Company the duttwrt, (0 execute, for and on behalf of the Company under the Company's seal or otherwise such Written Commitments of the Company as are specified in sucfl written delegation. which siasfication ~tar De by general type or class of Written Commitments or by specification of one or more particular Written Commitments The signature of any officer or other person executsny any Written Commitment or appointment or delegation pursuant to this Resolution and the seat of the Company may oe affixed ay faction& wit such Written Commitment or written appointment or delegation 4 (5) FURTHER RESOLVED, that the foregoing Resolution snail not oe deemed to be an exclusive statement of the powers and authority of officersemployees and other persons to act for and on r:enaif of the Company and such Resolution shall not limo or otherwise affect the exercise of any such power rx authority otherwise validly granted or vested Does hereby nomelate. constitute and appoint Alicia Grumbles James R Reid. Katie Rogers. Tracy L filler, Wittiam H BtancnarO II, Witham %tenet' Jennings ail of the City of FORT WORTH Texas, earn individually if there be more than one named, its true and iawfur attorney-tn-fact, to make, execute. seal and delver on its behalf. and as its act and deed any and all bonds urtt'lertakings recogntzanc:es contracts and Aber wt tmngs in the nature thereof in penalties not exceeding FIVE MILLION DOLLARS 8 ZERO CENTS ($5.00O.()i?0 00) and the a eoutIOn of suet) writings in pttsednc:e of ekese presents shell be es Dinett upon said Company. as fully and amply as :f they had been duty executed and acknowledged ny the regularly elected officers of the Company at its principal office IN WI [NESS WHEREOF, the said Stephen M Haney. Vice -President. has hereunto subscribed ►us name and affiAed the Corporate seal of .he said WESTCHESTER FIRE INSURANCE COMPANY this `9 lay '.' June 2017 WESTCHESTER FIRE INSURANCE COMPAN'r • COMMONWEALTH OF PENNS't L 44AMA COUNTY OF PHILADELPHIA titepnen M 'fancy , voce Presider,: On this 19 day of June 2017 before me d Notary Public of lie Commonwealth of Pennsylvania to and !IX the Ltuunty ot-jrrstadetpnia cane Stephen M ►-arley Vice -President of the WESTCHESTER SIR& INSURANCE COMPANY to me personalty known to be me individual and officer why executed the preceding trtsti•,rnerit ants he arkruwieclged twat he executed the .dire and treat trot• ,ee 'tweet Preceding Instrument is the corporate seat of said Company mat the sato corporate seal and ills signature wort' Jul, ifftxeti fly m e autriortty and Otrectron of Inc said coruoratton And remit lt--.)", the Board et Directors •fl said Company referred to in the prey eoing tnstrumenl is now in force iN TESTIMONY WHEREOF I have hereunto set my hang and affixed my official seas at the Cityui Philadelphia the Jay And rear first above 'muter r cv . 42- .• •4 1: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KsflN E. BRANOT Notary Pubic City of .. M, Phila. My s 1. 261 le Natal r i'uhlit the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, Jo hereby Gertit ,rat the 3nyinal POWER OF ATTORNE + et which the toreyoinq is i suostantially true -snrf : copy is in full force and effect ' ) Niltle5s ,vht-feUf t I"►dVE nereuntu Stst?5oto=+/rQ -fly rlclttlt Aa1151ttnI 5Cl;rF3lrf(and dfflXE,►t? the 'Uft3U(ritt' seal JI It'1t- t)1{}•,t%-3111)ti tt'1r Jay J I 'c ,- �C's � fr. ♦ , i �qq c*wMYI Mk_uvux) 7,t' •v. Hello