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
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