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HomeMy WebLinkAbout1.01 Security BondLiberty Mutual. LICENSE & PERMIT BOND Bond Number: 022028591 Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462-1644 Ph. (610) 632-8240 KNOW ALL MEN BY THESE PRESENTS, that we OXY USA W TP LP 5 Greenway Plaza, Suite 110, Houston, TX 77046 , as principal (the 'Principal"), and Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the °Surety"), are held and firmly bound unto BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO 108 8th Street, Suite 200, Glenwood Springs, CO 81801 , as obligee (the "Obligee"), in the penal sum of Twenty Thousand and 001100 Dollars ($ 20,000.00 ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has applied for a license or permit for Land Use Change Permit: Located at Section 29 Township 6 South Range 97 West of the 6th P.M. - for Material Handling of Natural Resources (including Water Storage and Treatment and Injection Well and Storage) Supplies, Machinery, Equipment, or Products (LIPA-6-09-5959) - Parcel No: 2169-214-00-026. This bond is to secure compliance with the revegetation requirements of Garfield County for the term beginning the 28th day of July 2010 and ending the 28th day of July 2011 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the license or permit is issued to the Principal, and if Principal shall indemnify and save harmless the Obligee from and against all loss, to which the Obligee may be subject by reason of the Principal's breach of any ordinance, rule, or regulation, relating to the above described license or permit, then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. The liability of the Surety hereunder shall in no event exceed the penal sum of this bond as stated above, regardless of the number of years the bond shall continue in force. 2. This bond shall continue in force until (surety shall elect either option a or b) 0 a. the day of or until the expiration date of any Continuation Certificate executed by the Surety. ❑X b. the Surety notifies the Obligee in writing of its cancellation of the bond. The Surety shall be relieved of any further liability under this bond thirty (30) days after receipt of said notice by the Obligee, except for defaults occurring prior thereto. 3. Any claim under this bond must be presented in writing to the Surety to the attention of The Surety Law Department at the following address: Interchange Corporate Center, 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462-1644. Should the address of the Surety change, then notice shall be delivered by the Obligee to the Surety as directed in writing by the Surety. DATED as of this 28th day of July 20 10 - WITNESSIATTEST OXY USA W T? LP (Princip By: /vw— - (Seal) Tiger . &m teg ,I , 8c LIBER UTUAL INSURANCE COMPANY 7 urety) By. At a' _ - 4 —6 -1 -Seal) Jen S Attorney- -F LMIC-6500 Rev. 3/04 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. 2647698 LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint LEON F. HILL, JENNIFER L. SPERLAK,-.SCOTT RONS, RYAN BIEGEN, ALL OF THE CITY OF DENVER, STATE OF COLORADO each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding TWO HUNDRED MILLION AND 00/100******************** DOLLARS$ 200,000 000.00***** ( ) each, and the execution of such undertakings, bonds, recognizancos and other surety obligations in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as If signed by the president and attested by the secretary. By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -In -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now In full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 10th day of September 2009 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 10th day of September 2009 , before me, a Notary Public, personally came Garnet W Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. LIBERTY MUTUAL INSURANCE COMPANY By Garnet W. Elliott, Assistant Secretary IN TESTIMONY WH Vb.he unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and Year first above written. �Ird rpm `% COMMONWEALTH OfAENNSYLVANIA NO.a rot al OF TrosaPasANa Notary PNa %Y`aN+NTry Monly..me yCcv,:/ By My Co ussrm E, MANI282018 �" Ter sass P Notary Public '4SYld4� G MemM. PxmsyMannAs»oalunNNob,-s CERTIFICATE 13/,ildb I, the undersigned, Assistan ecretary of L berry Mutual Insurance Company, do hereby certify that the original 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 1 do further certify that the officer or official who executed the said power of attorney Is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company: This certificate and theabove power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN STI NY WHEREOF 1 have ereunto subscribed my name and affixed the corporate seal of the said company, this C(Cl fit ByA�"Z day of Davi M. Carey, AssLetalit Secretary