Loading...
HomeMy WebLinkAbout20153576.tiff RESOLUTION RE : APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR TEMPORARY CONSTRUCTION EASEMENT FOR RECONSTRUCTION OF A PIPELINE - MAGELLAN MIDSTREAM PARTNERS , L. P. 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 November 20, 2013 , the Board approved the Consent to Assignment of a Temporary Construction Easement for reconstruction of a pipeline due to necessary flood repairs for Magellan Pipeline Company, LP , One Williams Center, Tulsa, Oklahoma 74172 , and WHEREAS, the Board of County Commissioners of Weld County, Colorado , accepted as collateral , Performance Bond No . 106012848 from Travelers Casualty and Surety Company of America , One Tower Square . Hartford , Connecticut 06183, in the amount of $ 1 , 500, 000. 00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend release of said collateral . and WHEREAS , upon recommendation of staff. the Board deems it advisable to release said collateral . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado , that the Performance Bond No . 106012848 from Travelers Casualty and Surety Company of America , One Tower Square . Hartford , Connecticut 06183 , in the amount of $1 , 500 . 000 . 00 be, and hereby is , canceled and 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. 4155711 Pages : 1 of 2 A 11 /04/2015 02 : 53 PM R Fee : $0 . 00$0 . 00 (RR) Vg. ) 2015-3576 Carly Koppes • Clerk and Recorder , Weld County CO in !1,1c0F ltrii h'i�i E� M+u,'�� '��l li����� 1I II 1 f 1 - i0 -rS EO0072 ■ BC0045 CANCEL COLLATERAL - MAGELLAN MIDSTREAM PARTNERS . LP PAGE 2 The above and foregoing Resolution was . on motion duly made and seconded . adopted by the following vote on the 4th day of November. A. D . , 2015. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ATTEST: ddrifivo co; a . t arbara Kirkm yer, C it Weld County Clerk to the Board ' Mike Freeman , Pro-Tem - uty Clerk to the : oard �►�� r Lam` an P. Co ay //),) APPROV FORM : ��� ! ;� ���:�� �_�.% r' i� . . A. ►.zad ��' ,vim�� ��Te ounty Attorney ® Ask. - i U WCteve Moreno 1 //14& Date of signature : 4155711 Pages : 2 of 2 11 /04/2015 02 : 53 PM R Fee : $0 . 00 Carly Koppes Clerk and Recorder . Weld County CO 2015-3576 ■III Ml�.r ��' !1 ��LI�4tr;I��t I�';tihl���k � Y�'tK � ; I� i���� Ill III EO0072 BC0045 1861 MEMORANDUM ,_,,__,, z. ` a,iii t-H. r' I 1) v ' Tr `y TO: Esther Gesick, CTB DATE: October 27, 2015 ,_G O?u N 7 Y — FROM: Clay Kimmi, P.E., Public Works SUBJECT: Release of Performance Bond — Magellan Midstream Partners The Department of Public Works received a request from Megellan Midstream Partners for the release of Performance Bond No. 106012848. The$1.5 million performance bond was posted Magellan Midstream Partners to cover flood repairs to one of their pipelines that crosses the Hokestra property. The site has been inspected by Public Works. It has been reclaimed to pre-construction condition and the revegetation process is doing well. RECEIVED The performance bond information is: R G V G V G OCT 2 8 2015 Megellan Midstream Partners, L.P. (2013-2884) 10/10/2013 Performance Bond No. 106012848 WELD COUNTY Travelers Casualty and Surety Company of America COMMISSIONERS $1,500,000.00 Since the site has been reclaimed, Public Works recommends the release of the performance bond in the amount of$1,500,000.00. 2015-3576 Page 1 of 1 M:\Clay\GravelPits\Hokestra\Magellan Performance Bond Release Memo.docx 146. MAGEEAM LLAN MIDSTrey Tarp Sr. Risk Management Analyst P. O. Box 22186, MD 28 Tulsa, OK 74121-2186 918-574-7229 October 19, 2015 Weld County Board of County Commissioners C/O Monica Daniels-Mika 1150 'O' Street RECEIVED Greeley, CO 80631 OCT 202015 CWELD L VDU Re: Temporary Construction Easement Contract Date: October 10th, 2013 Ms. Daniels-Mika: This letter is in regards to attached contract. I appreciate your time and assistance. The attached document was originally executed by Rocky Mountain Pipeline System, LLC. Their objective was to complete the repair of an asset located within property owned by Weld County. Around the time of the execution of this contract, Rocky Mountain Pipeline System, LLC was purchased by Magellan Midstream Partners. Subsequently, Magellan issued a bond to Weld County as to meet the requirements under the agreement. The bond is effective from November 15, 2013 through November 15, 2015. The work has been complete for nearly two years as of the date of this letter. We are writing to inquire about the ability to have the bond cancelled as of November 15, 2015. To do this, we would request a letter from Weld County stating the bond may be cancelled by our surety. We would also request that after November 15, 2015, the original bond be returned to: Magellan Midstream Partners, L.P. C/O Trey Tarp MD 28, One Williams Center, Tulsa, OK 74172. Please feel free to contact me via phone or email if there are any questions regarding this loss. My email address is trey.tarp@magellanlp.com. Thank you for your assistance in this matter. Thank you, Tre Tar, Senior Risk Management Analyst MAGELLAN OWNERSHIP August 14,2015 Public Unitholders 227,427,247 common units 100%limited partner interest 100%member interest Non-economic general partner Vinterest Magellan GP, LLC (Delaware) MMP's General Partner 100%member interest V MGG GP Holdings, LLC (Delaware) 100%member interest \l / Magellan Midstream Holdings GP, LLC (Delaware) 1 1 SUBSIDIARIES OF MAGELLAN MIDSTREAM PARTNERS,L.P. August 14,2015 100%membership 100%membership interest interest Magellan Operating Magellan Pipeline GP,LLC GP, LLC (Delaware) 99.999%limited (Delaware) partner interest \ 99.999%limited 0.001%general partner interest 0.001%general partner interest partner interest 1% \ membership Magellan OLP,L.P. interest Magellan Pipeline Magellan Pipeline Nlagellan Crude Magellan (Delaware) g p g I Oil Pipeline Processing Holdings, \z Company,L.P. Terminals,L.P. 39% (Delaware) Company,L.P. L.P. (Delaware) (Delaware) membership interest \ 99.999% Saddlehorn Pipeline BridgeTex Pipeline limited 100%membership 50% Company,LLC partner Company, LLC interest (Texas) Magellan Processing interest (Delaware) membership (Owned jointly with Plains) Holdings GP,LLC (Owned jointly with interest (Delaware) Plains—40%membership interest Double Eagle WGR—20%membership interest) Magellan NGL, LLC Pipeline LLC (Delaware) u DOI°.gm.i (Delaware) (Owned jointly with Copano) l 100%membership Osage Pipe Line Magellan interest Company,LLC Processing,L.P. (Delaware) (Delaware) (Owned jointly with NCRA) Saddlehorn Pipeline Powder Springs Com pan y,LLC Logistics,LLC p Y (Delaware) (Oklahoma) (Owned jointly with Trinidad) Seabrook Pipeline,LLC 0.001%general 99.999%limited (Delaware) Seabrook I00% partner interest partner interest Logistics,LLC membership (Delaware) interest (Owned jointly with LBC) Seabrook Terminal,LLC (Delaware) Texas Frontera,LLC (Delaware) (Owned jointly with PMI) I Magellan Ammonia Magellan Asset Magellan Logistics I ' Magellan Pipelines Magellan Terminals Pipeline,L.P. Services,L.P. &Services,L.P. Holdings,L.P. Holdings,L.P. (Delaware) (Delaware) (Delaware) (Delaware) (Delaware) CLERK TO THE BOARD disiAI " �ea PHONE: (970) 336-7215, Ext. 5226 FAX: (970) 336-7233 �! r""' 1150 O STREET ""� P. O. BOX 758 \T- GREELEY, COLORADO 80632 2--_ c o u N T �.l November 6 . 2015 Travelers Casualty and Surety Company of America One Tower Square Hartford , Connecticut 06183 RE : Cancellation and release of Collateral — Magellan Midstream Partners , L. P . Travelers Casualty and Surety Company of America : Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Magellan Midstream Partners . L. P . , in the amount of $ 1 . 500 , 000. 00 . and the return of the original Performance Bond No . 106012848 issued by Travelers Casualty and Surety Company of America, One Tower Square, Hartford , Connecticut 06183 , and related to the Consent to Assignment of a Temporary Construction Easement for reconstruction of a pipeline due to flood repairs . The terms of the agreement have been met. If you have questions or need additional information , please do not hesitate to contact me at (970) 356-4000, Extension 4217 . Very truly yours , BOARD OF COUNTY COMMISSIONERS I BY/j/k-/C)/ (-47t i ytte_) ' Tisa Jutrorena Deputy Clerk to the Board CLERK TO THE BOARD 1861 PHONE: (970) 336-7215, Ext. 5226 FAX (970) 336-7233 S-CIAW 1150 O STREET P. O. BOX 758 GREELEY. COLORADO 80632 v TY L.CDUN r 11 November 6, 2015 Magellan Midstream Partners , L. P . One Williams Center Tulsa , Oklahoma 74172 RE: Cancellation and release of Collateral — Magellan Midstream Partners , L. P . Magellan Midstream Partners , L. P . : Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Magellan Midstream Partners . L. P . . in the amount of $ 1 , 500 , 000 . 00 , and the return of the original Performance Bond No. 106012848 issued by Travelers Casualty and Surety Company of America , One Tower Square, Hartford , Connecticut 06183, and related to the Consent to Assignment of a Temporary Construction Easement for reconstruction of a pipeline due to flood repairs . The terms of the agreement have been met. If you have questions or need additional information . please do not hesitate to contact me at (970) 356-4000. Extension 4217 . Very truly yours , BOARD OF COUNTY COMMISSIONERS By: id //L twine ui Tisa Juanicorena Deputy Clerk to the Board °ard BOND NO. 106012848 v`9$O by . �Q .E BON ,MIN, p,L NGE, R°nets IS i :I'�, i s ��k► , COLORADO LLp'1�p NO or'�``��55 f ' - '� ` 0o SE c 1 I , nA. of EP Goon. _ __, l 'I' ., . :4� �,� ,emu• Company, LP., a • "�1 end G _ ti s principal o j ;•�, ' " r hams Center, P.O. °� tie� 1, ' rd zet 6 and Colorado re � { �'.- � . � � f- '_ . 4 Oc orporation Compan_5 By, Suite 1200, Deny,' Alt - if Its `� ermafter called "Principal", ay 'De9 . aveters Casualty and Surety Company of Americ ., ' O 0 °wer Square, Hartford, CT 06183, hereinafter called "Surety", are held and firmly bound unto Board of County Commissioners of Weld County, Colorado, 1150 "0" Street, Greely, Colorado 80631, on behalf of Weld County, Colorado, hereinafter called "Obligee" in full and penal sum of One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00), 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 Temporary Construction Easement permit, and pursuant to the requirements of said permit, has entered into a Temporary Construction Easement, dated October 10, 2013, (the "Agreement") with Obligee, and WHEREAS, The Temporary Construction Easement Agreement requires Principal to obtain a performance bond in an amount equal to the total cost of the construction for which Principal is responsible and naming Obligee as beneficiary, and WHEREAS, the value of construction for which Principal is responsible equals One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00), and NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall well, truly and faithfully perform its duties, and all of its undertaking, covenants, terms and conditions as set forth in the Temporary Construction Easement 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 Temporary Construction Easement 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, regardless of the number of years this Bond is in force, or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider; 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 Temporary Construction Easement tq_13/e27 Agreement to the wr' ��0 �Uy 'rider, shall in any way affect its obligations on this bond, and it dr- EO S` .ki change o"Q of time, alteration or addition to the term eik� r`e<s ,� 1 ' . J.: oNG • o , N P ass • P,.��FZ NO GOC�'� . aive ei 'pa ? I. it y November 15, 2015, to O\_ Std rty _� and faithfu �, + t # y �' 11 d all of the undertakings, o ��P GOv S y �dre NI FZ� end ` sons set forth in thi .o• Piet C • �R Lion Easement, and any Ott . k ' ;�/ oacd _„n may begranted by Oblige : .�1, e % tice to Surety. e , l � g ,,� . � Y u�y (0 this Performance Bond acknowledge th�""t"":'i the Temporary Construction \3 Oe'P .1ient Agreement, Obligee reserves the right to require Principal to obtain a different terformance 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 13th day of November, 2013. Magellan Pipeline Company, L.P Principal r3Y: 061yen dao 1/41)1) ).4 i1 Sandra K . m oa ra , 144 0 r nab - in - Foc-f- incipal Secretary/Witnes (Printed Name & Title) (SEAL) Travelers Casualty and Surety Company of America Surety nrne-o. By: A Yv . Witness as to Surety Mark W. Edwards, II, Attorney-in-Fact 2211 7`h Avenue South 2211 7th Avenue South Address Address Birmingham, AL 35233 Birmingham, AL 35233 Address Address Board of County Commissioners of Weld County Colorado Obligee , By: William F . Garcia , Chair (Printed Name & Title) 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. RI-13/c27 WARNING: THIS POWER OF P'TORNEY IS INVALID WITHOUT THE RED BORDER ' a ' OF ATTORNEY TRAVELERSJ Farmington Oa1d St. Paul Mercury Insurance Company Fidelity GGQ 1p1 • Travelers Casualty and Surety Company r•' v S��` ers, Inc. Travelers Casualty and Surety Company of America like United States Fidelity and Guaranty Company ��PI �� NAl God GG GO Gov►r '� Certificate No. 0 0 4 913 9 3 6 (Aa< ,At , zost°tire 8� . . S: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance d► 6 Po 0a.ntzed under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and 0,1 �' .y Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty G 101 e2 _.,on duly organized under the laws of the State of Maryland. that Fidelity and Guaranty Insurance Company is a corporation duly organized under O g az'Y P Y TPo g the _ state of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (here ..ollectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Robert Read Davis of Atlanta, Georgia; Robert M. Verdin of Metairie, Louisiana; Mark W. Edwards, II, Ronald B. Giadrosich, Jeffrey M. Wilson, William M . Smith, Evondia H. Woessner. Robert R. Freel, and Alisa B. Pounders of the City of Birmingham , State of Alabama , their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds. recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 11th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of June 2012 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company S aaaLQqP"4 idyQ , � vy �r ; @ 1977 E �CORPORATFD . �' +�Ba•. � t _ c m W:GON•••••• '..� 0 `Y��Z: «_ n c MARTFON, < J WIRTFCfiD l '� <1951 /x' S E A L /o"; '` °r CORN. n rAw+ �,.. SL'JANCI v o..it.....r,,a d.••.. :.'aD •fa. Jae ,�•a....: ayt�. '4J♦M State of Connecticut By: City of Hartford ss. Georg Thompson, niur ice President On this the 11th day of June 2012 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. ITAA /L C . ....trA,LOAARsir My Commission expires the 30th day of June, 2016. * AMMO * Marie C. Tetreault, Notary Public cis 58440-6-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER t 'ER OF ATTORNEY KNOW A ' QU`CtVO orets S that Magellan Pipeline Company, L.P., a Delaware limited n2- 9 . ,�,ri�99 incipal place of business at One Williams Center, T"PA SONG rty co" ' point SANDRA K. MOORE and JEFF HOLMAN, Nec ONO `d G0V► and lawful "Attorneys-in-Fact" of the Company, Goo-c. PSG \J e .apany and in the Company's name, and for the sole and fie'- - - ox _sot on behalf of any other person, corporation or association, in ay '3o \, "` _ .,ompany under all surety bonds, not to exceed $1 ,500,000 per surety date • 1 al the ordinary course of business by the Company, giving and granting, said Attorneys-in-Fact full and complete power and authority to bind the Company as spy .0 the same extent as if signed by the duly authorized officers of the Company; and all the facts _ said Attorneys-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed, with the qualification that said authority to act shall terminate on December 31 , 2018 and shall be expressly limited for the purpose as herein stated. IN WITNESS WHEREOF, Magellan Pipeline Company, L.P. has caused its name to be subscribed and its seal to be affixed this 1st day of November, 2013. Magellan Pipeline Company, L.P. [SEAL] By: Magellan Pipeline GP, LLC, its general partner Attest: B ohm D. Chandler, Senior Vice President and Chief Financial Officer Suzcuarq H. Costin, Secretary CERTIFICATE I, the undersigned, Secretary of Magellan Pipeline GP, LLC, the General Partner of Magellan Pipeline Company, L.P., do hereby certify that the original Limited Power of Attorney of which the foregoing is a full, true and correct copy is in full force and effect on the date of this Certificate, and the Senior Vice President and Chief Financial Officer who executed the said Limited Power of Attorney was and is a duly elected officer of Magellan Pipeline GP, LLC, the General Partner of Magellan Pipeline Company, L.P. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of Magellan Pipeline Company, L.P. to these presents this 1st day of November, 2013. [SEAL], Ct Suzanne(1)I. Costin Secretary {00028117. I U.S. Postal Servicew U .S: Postal Servicerm c CERTIFIED MAIL. RECEIPT a CERTIFIED MAIL. RECEIPT 0 (Domestic Mail Only; No Insurance Coverage Provided) o (Domestic Mail Only; No Insurance Coverage Provided) a F•r • - liv• ryinf• ti•nvi - it • urw= • pit= twww.us•s.c•m,;ri F• r • liv ryinf•rm•ti •nvisit • urw •site •twww.0 cr F i i , [ � p o c3 , Li-) Postage $ U-) Postage $ fYl t 0 Certified Fee M Certified Fee CI Pc,. 0 �Fi rk\Q 0 Return Receipt Fee He e 19 (Endorsement Required) Return Receipt Fee er 0 (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) p Restricted Delivery Fee Er- 0-• (Endorsement Required)co rU Total Postage & Fees rU Total Postage & Fees $ = � p Sent To l t d y vvt 70f-b S 1.�t , 0 -" ri YACS Co,uGLi t Sw CO ' ` k— ""' r- Street. Apt. No.: t� m, or PO Box No. � �,�� s ce r o(�- orrPet, Apt. No.;Dyte rT^ �� AA D PO Box No. Vv" — Iwv "� City, State, ZIP+ • %�� 0 u l City, State, ZIP+,4 i, 0 R 1� �� C.D r1Y1�� v � t " PS Form 3800, June 2002 See Reverse for Instructions PS Form 3800, June 2002 See Reverse for Instructions v) aa)) co ch ≥ t- 42 22 c Q Q Oun Z v cu >- a`) c4 ma- e- fl- }. > w d er' E 3 w .� .a W CD o a O 5 CD C rg r +6 ZOO N Q cc U 03 r� . 5 ..,IO a al W 0, o a) ❑ ❑ ❑ C1 CO 4a > ? _ n��i N is) co o 2 - ' •a ul m a) OI Cib a` c H>. w ate) f 1rl W y CD ti a rn -a a m c c 7. O a U oC N ci EC oZ Co lie00 cc o U d X cm o ci v c c1:1 46 mU CC 0 //�� Q) N ' i- a3 a) E N te `- , ci a) .Q 4 O 0 o a > r- o• ° •�' -.c ° E 4 u) a) U o o c o c I cW Q •s2 u) 12 o311 8 4 = c ? -O -c � a k. Q) a)c V O i N 73 tr.f 4-' a N W r a) al �O N O a) 0 g32 ° °cat' N - u) - • 'o Q) C a) d n it T .. fY D 3 .E a) g j e r W E C ca o V ' a) C E E .C o d y m O Z U - N Q O Q Q i✓ LL Wcal (/) N a. Hello