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HomeMy WebLinkAboutBond SU1185808BondNo. SU1185808 CORPORATE SURETY FAITHFUL PERFORMANCE BOND Wliereas, AES High Mesa Solar, LLC (hereinafter referred to as "principal") lias prepared an "Vegetation Management Plan - Holy Cross Photovoltaic + BESS Portfolio High Mesa Solar Project" ("Vegetation Management Plan") and requisite Revegetation Security to meet tlie conditions of approval for a Land Use - Major Impact Permit as required by tl'ie County of Garfield (hereinafter "County") for its approval of MIPA-06-21-8844; and, Whereas, said principal is required under tlie ten'ns of tlie MIPA-06-21-8844 to provide security for tlie faitliful performance and completion of the "Vegetation Management Plan" in accordance to tlie Reclamation Standards section in tlie Garfield County Weed Management Plan. Tlie Reclamation Standards at tlie date of peri'nit issuance are cited in Sections 4.06, 4.07, and 4.08 of tlie Garfield County Weed Management Plan (Resolution #16-12). Now, tlierefore, we, tlie piincipal and Arch Insurance Company as surety, are lield and firi'nly bound unto County in tlie penal sum of One Hundred Seventy Seven Thousand Five Hundred and 00/100 dollars ($177,500.00) lawful money of tlie United States, for tlie payment of wliicli sum well and truly to be made, we bind ourselves, our lieirs, successors, executors and administrators, jointly and severally, fin'nly by tliese presents. Tl'ie conditions of tliis obligation is sucli that if the above bounded principal, liis/lier or its lieirs, executors, administrators, successors or assigns, sliall in all tliings stand to and abide by, and well and truly keep and perfonn the covenants, conditions and provisions in the said agreement and any alterations tl'iereof made as therein provided, on lffs/her or tlieir part, to be kept and perfori'ned at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indeinnify and save harinless County, its officers, agents and employees, as therein stipulated, then tliis obligation sliall become null and void; otlierwise it sliall be and remain in full force and effect. As a part of the obligation secured liereby and in addition to tlie face amount specified tlierefor, tl'iere sliall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County in successfully enforcing sucli obligation, all to be taxed as costs and included in any judgi'nent rendered. Tlie surety hereby stipulates and agrees tliat no cliange, extension of time, alteration or addition to tlie teri'ns of the agreement or to the work to be perfon'ned thereunder or tlie specifications accompanying tlie same sliall in any way affect its Bond No. SU1185808 obligations on tliis bond, and it does hereby waive notice of ai'iy such cl'iange, extension of time, alteration or addition to tl'ie teri'ns of tlie agreement or to tlie work or to tlie specifications. In witness wliereof, this instrument lias been duly executed by tlie principal and surety above named, on June 30, 2022. AES High Mesa Solar, LLC Arch Ins ce 6ompany StefN{./Engeiliardt, Attoriiey-in-Fact AIC 0000345443 Tliis Power ofAtlorne)i liinits tjie acts oftliose nained lierein, and tiiey liave no autliority to bind tlie Coinpany except in t}ie inanner and to the eslenl herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, interest Rate or Resideidial Value Guarantees. POWER OF ATTORNEY Know A}} Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Amanda C. Webb, Brad Mapes, Emily Nagel, Jennifer Cisneros, Karl Cho)his, Nathan Wonder and Stefan K. Engelhardt of Portland, Oregon (EACH) Sarah Harren of Longview, WA its tiue and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Dollars This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond w'thin the dol]ar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December }], 2020, true and accurate copies of which are hereinaffer set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations ob}igatoty in the nature thereof, and any such officers of the Company may appoint agents for acceptance of prOCeSSl" This Power of Attoi'ney is signed, sealed and certified by facsimiie under and by autliority of the following resolution adopted by the unanimous consent of the Board of Directoi's of the Company on December 11, 2020: VOTED, That the signahire of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed w'th the Secretary, and the signature of the Secretaiy, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attoi'ney or bond executed pursuant to the resolution adopted by the Board of Directors on Deceinber 11, 2020, and any sucli power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, tlie Company has caused this instniirient to be signed and its corporate sea} to be affixed by their authorized officers, this of !!!!, 2Q$ [;x,">4,- Regan A. Shulman, Secretary ST ATE OF PENNSYLVANIA SS COUNTY OF PHILADKLPHIA SS ffl(s4eud aa--hln,surya encer Stephen C. Ruschak, Executive Vice President l Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Steplien C. Ruschak personally known to me to be the same persons whose names are respectively as Secretaz and Executive Vice President of the Arch Insurance Company, a Coiporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instnunent, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instruinent as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and Miche)e Tripodi, Notary Public My commission expires 07/3 1/2025 CERTIFICAT}ON PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS. Arch Insurance - Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 To verify the authenticity of this Power of Attorney, please contactArch /nsumnce Company of Surety Please refer to the above nomed Attorney-in-Fact and the details of the bond to which the power is attached. A1CPOAO40120 Printed in U.S.A.