HomeMy WebLinkAbout20141992.tiff RESOLUTION
RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USE
BY SPECIAL REVIEW PERMIT #1792 - DCP MIDSTREAM, LP
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 October 12, 2011, the Weld County Board of Commissioners approved
Use by Special Review Permit#1792, for Thistle Down, Inc. / Michael and Daisy Boulter/ Donna
Boulter / Michael James Boulter / William Boulter, Jr. / Roger Boulter / and Carol Thompson,
24500 County Road 49, Greeley, Colorado 80631, and Michael Boulter, 22019 County Road 54,
Greeley, Colorado 80631-9764, c/o DCP Midstream, LP, 3026 4th Avenue, Greeley, Colorado
80631, for an Oil and Gas Support and Service, including, but not limited to, a Natural Gas
Processing Facility in the A (Agricultural) Zone District, on the following described real estate,
to-wit:
SE1/4 of Section 31, Township 5 North, Range 64
West of 6th P.M., Weld County, Colorado, and
WHEREAS, on April 9, 2012, 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 DCP Midstream, LP, with terms and conditions
being as stated in said agreement, and accepted Performance Bond#105739452, from Travelers
Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in
the amount of$419,700.00.
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have conducted a visual inspection and recommend partial release of said collateral, in
the amount of$356,745.00.
WHEREAS, the Board has been presented with replacement collateral in the form of a
Bond Decrease Certificate #105739452, from Travelers Casualty and Surety Company of
America, in the amount of$62,955.00, to serve as warranty collateral for a period of two years.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that partial release of Performance Bond #105739452, from Travelers
Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in
the amount of $356,745.00, be, and hereby is, approved, and the replacement collateral in the
form of a Bond Decrease Certificate #105739452, from Travelers Casualty and Surety Company
of America, in the amount of$62,955.00, for warranty collateral be accepted.
4035675 Pages: 1 of. 20
08/04/2014 02:00 PM R e!.
Steve Steve Moreno, Clerk and Recorder, Weld Conitovl, CO
1111INFAI'� ,1101,1AI�L4+�I K#IIIYII FIIh F��It•W4h �I III
CC' Pit' KoJpu1?DG,�i') 2014-1992
46-1 PL2132
-
CANCEL COLLATERAL - DCP MIDSTREAM, LP
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of July, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTESTC� �� Racclaegaffir
�! .l�pi�,� Doug Rademacner, Chair
Weld County Clerk to the Board
arbara Kirkmeyer Pro-Tem
BY: Pp y Clerk to the Board
Sean P. Conway
APP DAS- ORM: , � EC
�e`
e Freeman
ounty Attorney �` G CUSED
imorr, .r'ham F. Garcia
tt
Date of signature: 7-8-/4 Ui..I�
4035675 Pages: 2 of 2
08/04/2014 02:00 Pn R Frderi 00
Steve Moreno Clerk and Recorder Weld CountY� CC 2014-1992
1 M�:VW,I r�I s0 Y��P 'j?'Xdtir� 'h M YI�h�I III PL1 92
MEMORANDUM
RECEIVED
TO: Clerk to the Board JUN 2 7 2014
; 861 DATE: 6/26/2014 WELD COUNTY
COMMISSIONERS
FROM: Richard Hastings,Public Works Department
n
SUBJECT: BOCC Agenda Item: Partial Release of Collateral
G O N?Y = DCP Midstream LP, Boulter Site/LaSalle Gas Plant-
(USR-1792)
Request for Partial Release of Collateral:
The Department of Public Works received a request from the applicant's representative, Patrick
Groom/Witwer, Oldenburg, Barry & Johnson LLP, requesting an inspection of the property in
order to obtain the partial release of collateral, for the Natural Gas Processing Plant (USR-1792),
located on CR's 51 & 50, southwest of the town of Kersey.
Weld County Public Works Department performed a site inspection, at the above mentioned site,
and observed the following:
• All Public Works related items on Exhibit A, of the Improvements Agreement According
To Policy Regarding Collateral For Improvements Document#2012-0946, have been
completed and are found to be acceptable.
Weld County Collateral List:
DCP Midstream, LP, (PL2132 #2012-0946) 04/09/2012
Improvements Agrmt— Boulter Site USR #1792
Performance Bond #105739452 from Travelers Casualty and
Surety Company of America
No Expiration Listed
$419,700.00
Recommendation:
The Departments of Public Works and Planning Services are recommending partial release of
collateral, as shown above from the Weld County Collateral List, in the amount of$356,745.00
Weld County will retain a balance of$62,955.00 to serve as Warranty Collateral for a period of
two years from the date the Board of County Commissioners approves this request. DCP
Midstream has submitted replacement/warranty collateral in the form of a Bond Decrease
Certificate (#105739452) from Travelers Casualty & Surety Company of America, in the amount
of$62,955.00
pc_ Don Carroll,Weld County Public Works
Kim Ogle,Weld County Planning Services 2014-1992
CL Pw(P4 e- fit.(-IP)
Richard Hastings
From: Richard Hastings
Sent: Wednesday, May 14, 2014 2:43 PM
To: 'Park, Paul D'
Cc: Elizabeth Relford; Donald Carroll; Kim Ogle; 'klzepp@dcpmidstream.com'
Subject: DCP (USR-1792): Collateral Release Status
Tracking: Recipient Delivery
'Park, Paul D'
Elizabeth Relford Delivered:5/14/2014 2:43 PM
Donald Carroll Delivered:5/14/2014 2:43 PM
Kim Ogle Delivered:5/14/2014 2:43 PM
'klzepp@dcpmidstream.com'
idstream.com'
Paul,
I received the Bond Decrease Certificate from Travelers yesterday for the USR-1792 Warranty Collateral . Upon receipt
of the "As-builts", I'll schedule an on-site inspection with you for the site,which should be the last requirement in order
to present to the B0CC the request for a partial release of collateral and the start of the two-year warranty period.
Let me know if you have any questions or need further information.
Thanks,
Rich
Richard Hastings
Compliance Analyst& Construction Inspector
Weld County Public Works
1111 H Street, P.O. Box 758
Greeley, CO 80632
(970)304-6496 Ext. 3727
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i
N241
WH ITE Engineering, Inc.
11 I _-T 3610 W. Toth Street
__,I-----r,_1-'. Suite # 410
- Greeley/ CO 80634
November 5,2013 mobile: (503) 81.9-mi
email: christina(I whiteengineeringinc.com
Weld County Board of Commissioners RECEIVED
1150 O Street U" , ii 113
Greeley,CO 80632
vVela County
Public Works Dept,
Project: DCP Midstream LaSalle Gas Plant, Kersey,CO, USR-1792
Subject: Statement of Substantial Compliance and Completion of On-Site and/or Off-Site Improvements
To Whom It May Concern:
DCP Midstream has requested that, as their third-party Colorado licensed Civil Engineer, I confirm
substantial completion of the DCP Midstream LaSalle(O'Connor)Gas Plant located at 24189 WCR 51,
Kersey,CO, as required in the signed "Improvements Agreement according to policy regarding collateral
for improvements- DCP Midstream, LP, Boulter Site/LaSalle Gas Plant-USR-1792".
I personally certify that the work described in the Statement of Substantial Compliance and Completion,
as required and outlined in section 6.0"Acceptance of On-Site and/or Off-Site Improvements by the
County",specifically Section 6.3, is substantially complete at the DCP Midstream LaSalle (O'Connor)Gas
Plant, including:
• Site grading-completed
• Street base-completed
• Road culverts-completed
• Erosion control measures/BMP's(Best Management Practices) implemented
• Street lighting-completed
• Fencing requirements-completed
Please let me know if you have any questions. �O+,.•�•G-g .,.ie
fl r. 'QQ.Co
Ogy
Sincerely, it) 7"fl
4223G C
Rodney D. Burrows, P.E. •
Permitting - Engineering - Construction Management
hit411/b
TRAVELERS
DECREASE CERTIFICATE
Principal: DCP Midstream,LP Bond No. 105739452
License No. N/A
Amount of Bond: $419,700.00
Hereby decreased to: $62,955.00
Obligee: Board of County Commissioners of Weld County,CO
As of April 16,2014 , the amount of the above described bond is hereby decreased from the
sum of $419,700.00 to the sum of $62,955.00 for all past, present, and future liability.
Provided, however, that the liability under the above described bond, as changed by this Certificate, shall not be
cumulative. This Certificate,when signed by the Obligee, shall become part of the said bond.
Signed, sealed, and dated 5/6/2014
Travelers Casual and Surety Company of America
B(2
Mattso ttomey-in-Fact
The Obligee hereby formally consents to the decrease. JJ
114
Signed, sealed, and dated on this p2 day of fair- , a0/�
00
Witness C� Oblige _<3 La
aitifsv
(14 By:
Attest 1161
INSTRUCTIONS TO AGENTS—IMPORTANT ^,
The Obligee must sign, seal,and date this Certificate. One signed copy must be returned to the Surety. -
RECEIVED
F-305-C(6/09) VVela .r
Public Works Depi
&D/y— /9P o?
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERSJ� 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
Attorney-In Fact No. 227346 Certificate No. 0 0 5 7 7 4 5 0 8
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, 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 are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of 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(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Sandra R.Parker, Melissa Haddick,Gina Rodriguez,Tannis Mattson,and Mary Pena
of the City of Houston ,State of Texas ,their true and lawful Attomey(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.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 24th
day of January 2014
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
��..,,,,,ryryry St.Paul Guardian Insurance Company
G I.SI,N 0.E6 x•.:•St N9q YgNO , N• Y
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State of Connecticut By:
City of Hartford ss. Robert L.Raney. eni�ce President
On this the 24th day of January 2014 before me personally appeared Robert L.Raney.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.
p,TfT
In Witness Whereof,I hereunto set my hand and official seal. . •TAB C • t e `^'* C'
it
My Commission expires the 30th day of June,2016. P'°Ma* * \1\.0.A4)01
w�Mane C.Tetreault.Notary Public
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President.any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I,Kevin E.Hughes,the undersigned,Assistant Secretary,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 do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked.
(nt
IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed the seals of said Companies this �ay of "� 20
Kevin E.Hughes.Assistant Sec tary
piyC;s0Zr� °((r��. i. w at e�x hs�q Jp qa. axon Nuai[ry Pep
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To verify the authenticity of this Power of Attorney.call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
CLERK TO THE BOARD
1861 er PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
I-,
ouNTY
JULY 15, 2014
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
ONE TOWER SQUARE
HARTFORD, CONNECTICUT 06183
RE: Partial Cancellation and release of Collateral for DCP Midstream, LP, USR #1792
Travelers Casualty and Surety Company of America,
On July 2, 2014, the Board of County Commissioners approved the partial cancellation and
release of collateral, for DCP Midstream, LP, USR #1792, in the amount of $356,745.00, as
referenced above, and accepted replacement collateral in the form of a Decrease Certificate
from Travelers Casualty and Surety Company of America, in the amount of $62,955.00 which
shall be retained for two (2) years as warranty collateral. Enclosed is a copy of the Resolution
and Decrease Certificate signed by the Board of County Commissioners. If you would like to
receive a recorded copy of the resolution, please contact the Recording Department at Weld
County Government.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-7215, Extension 4217.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By:
Tisa Ju n• arena,
Deputy Jerk to the Board
U.S. Postal Service..
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