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Home My WebLink About20252909.tiff Resolution Approve Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements, Authorize Chair to Sign, and Accept Project Collateral for Use by Special Review Permit, USR24-0024 — Pivot Solar 45, LLC, and Pivot Solar 55, LLC 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 the 19th day of February, 2025, the Weld County Board of Commissioners conditionally approved the application of Colorado State Land Board, 1127 Sherman Street, Denver, Colorado 80203, do Pivot Solar 45, LLC, and Pivot Solar 55, LLC, 1601 Wewatta Street, Suite 700, Denver, Colorado 80202, for Use by Special Review Permit, USR24-0024, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District on the following described real estate, to wit: Section 24, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado Whereas, pursuant to certain Conditions of Approval, the Board of County Commissioners has been presented with an Improvements and Road Maintenance 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 Pivot Solar 45, LLC, and Pivot Solar 55, LLC, with further terms and conditions being as stated in said agreement, and Whereas, the Board has been presented with project collateral procured in the form of Performance Bond No. UCSX729X1003, issued by United Casualty and Surety Insurance Company, 303 Congress Street #502, Boston, Massachusetts 02210, in the amount of $17,151.25, and Whereas, after review, the Board deems it advisable to approve said agreement and accept said Performance Bond, as stated above, copies of which are attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance 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 Pivot Solar 45, LLC, and Pivot Solar 55, LLC, be, and hereby is, approved. 5063758 Pages: 1 of 19 CC•.pL(DA/STK/KR/w40) 2025-2909 Cary Kopp5 1Cler2k and Recorder, .00 Weld County , CO 11/�,6/2,5 PL2936 b'hh11341I 111 Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements, and Accept Collateral for Use by Special Review Permit, USR24-0024 — Pivot Solar 45, LLC, and Pivot Solar 55, LLC Page 2 Be it further resolved by the Board that project collateral in the form of Performance Bond No. UCSX729X1003, issued by United Casualty and Surety Insurance Company, 303 Congress Street#502, Boston, Massachusetts 02210, in the amount of$17,151.25, be, and hereby is, accepted. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said agreement. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 27th day of October, A.D., 2025: Perry L. Buck, Chair: Aye ,r.•»+•,, Scott K. James, Pro-Tem: Aye �!�_ �.. I 4�� Jason S. Maxey: Excused / ' „is. �♦ Lynette Peppler: Excused i Kevin D. Ross: Aye Approved as to Form: ,�g, Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5063758 Pages: 2 of 19 2025-2909 11/05/2025 10:52 AM R Fee:$0.00 PL2936 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 Co ► \ ccc cL c. q,q g a MEMORANDUM TO: Clerk to the Board " 2 861 - �� DATE: October 10, 2025 Ail '4 kri FROM: Jazmyn Trujillo-Martinez, Planning Services Dept. c0U'NI TY - �-1-, SUBJECT: BOCC Agenda Item-Approve Improvements and Road Maintenance Agreement and Accept Project Collateral For: Colorado State Land Board, do Pivot Solar 45, LLC and Pivot Solar 55, LLC-USR24-0024 Request to Approve Improvements and Road Maintenance Agreement and Accept Project Collateral: The Department of Planning Services received a request from the applicant, Pivot Solar 45, LLC and Pivot Solar 55, LLC, requesting that the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for (USR24-0024). Project Collateral in the amount of$17,151.25 is required with this agreement. Collateral has been procured in the form of Performance Bond No. UCSX729X1003 guaranteed by United Casualty and Surety Insurance Company. Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: • All Public Works related items, of the"Improvements&Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. • This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Improvements&Road Maintenance Agreement According To Policy Regarding Collateral For Improvements and acceptance of project collateral for USR24-0024, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. cc: Dawn Anderson, Planning Services 2025-2909 10/ Z-1 1)11295(0 IMPROVEMENTS&ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Colorado State Land Board,c/o Pivot Solar 45,LLC, and Pivot Solar 55,LLC—USR24-0024 THIS AGREEMENT is made this a1 day of Oc o , 2025 by and between Colorado State Land Board, 1127 Sherman Street,Denver,Colorado 80203,c/o Pivot Solar 45,LLC,and Pivot Solar 55, LLC, 1601 Wewatta Street, Suite 700, Denver, Colorado 80202, hereinafter referred to as "Property Lessee,"authorized to do business in the State of Colorado,and the County of Weld,a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners,whose address is 1150 "0" Street, Greeley,Colorado 80631 hereinafter referred to as"County." WITNESSETH: WHEREAS, Property Lessee is the lessee of the following described property in the County of Weld,Colorado: Section 24,Township 4 North,Range 64 West of the 6th P.M.,Weld County,Colorado hereinafter referred to as"the Property,"and WHEREAS,Property Lessee has received Board of County Commissioner conditional approval of USR24-0024,and WHEREAS, Property Lessee acknowledges that the final approval of USR24-0024 is conditional upon Property Lessee's funding and construction of the off-site improvements and road maintenance described in this Agreement and depicted in the following incorporated exhibits: Exhibit A—Off-Site Costs of Construction, Exhibit B—Off-Site Construction Schedule, Exhibit C—Construction Plans, Exhibit D—Plat Map,and WHEREAS, Property Lessee acknowledges they may not operate as described in USR24-0024 until said improvements have been completed and accepted by County,and WHEREAS,Property Lessee acknowledges that pursuant to the provisions of Weld County Code Sec. 23-2-290,the failure to commence construction of the improvements outlined herein within three(3) years of the approval of USR24-0024 may result in the revocation or suspension of USR24-0024, upon consideration and order of the Board of County Commissioners,and S WHEREAS, the parties agree that the Property Lessee shall provide collateral for off-site m a improvements as required by this Agreement when the Board of County Commissioners approves this 3 o Agreement. yr to o LL o NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the promises and covenants m contained herein,the parties hereto promise, covenant and agree as follows: ce 10Ni aInm mU Y t;Eft ao m a-- Colorado State Land Board,c/o Pivot Solar 45,LLC,and Pivot Solar 55,LLC—USR24-0024—OFFSIA25-0002 r N Y� Page l of 17 to IN74 Z025-290 • PART I:SITE SPECIFIC PROVISIONS A. Off-Site Improvements (as required by the BOCC): The Property Lessee shall be responsible for the construction of certain off-site safety improvements as identified in the USR hearing Resolution, which may include,but are not limited to: construction of adequate turning radii of sixty-five (65) feet at the main entrances and exits which extend into County road Rights-of-Way (ROW) connecting to the County road system, and off-site drainage and signage installations, as indicated on the accepted Exhibit D and future Exhibit C, as required. On-Site improvements that create more run-off than the historical amount may require off-site drainage improvements to roads and ROW. Any approved access point(s) improvements will include standard County approved tracking control and may include a double cattle guard set(one right after the other),placed back-to-back across the entire width of the access, to ensure a complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent County Road. Additional Off-Site Improvements to be completed prior to construction of USR24-0024 are: 1) Property Lessee shall apply full-depth magnesium chloride to County Road 61 from County Road 50 to approved site access utilizing a County permitted dust control company. 2) Property Lessee shall perform any required tree maintenance in the northwest comer of County Road 61 and County Road 50 to improve site distance.Any work performed in the County Right-of-Way will require a Right-of-Way Use Permit through Public Works. 1.0 Road Improvements Responsibilities. Property Lessee is solely responsible for the required off-site designated improvements. These responsibilities may include but are not limited to the following: design, surveys, utility locates, acquisition of ROW, dedication of ROW, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities, and utilities, traffic control,and project safety during construction.Property Lessee shall obey all applicable regulations issued by OSHA,CDOT,CDPHE,and other federal,state, or county regulatory agencies. 2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) identified as Exhibit A shall be submitted when triggered. The Property Lessee shall detail the costs used in determining the collateral requirement for the off-site improvements related to the development. A registered Colorado Engineer must sign and stamp the construction cost Exhibit A. If more than three(3) 8 years have passed since the last construction cost estimate was provided,the Property Lessee shall provide 3; an updated construction cost estimate prior to the start of construction. 3.0 Construction Schedule Exhibit. Exhibit B shall be provided when triggered by the Property i Lessee, and indicating the construction schedule for off-site improvements, including an anticipated a)m 3 completion date. Property Lessee shall not commence construction of any improvements, record plat, or • • receive any permitting prior to approval of the of this Agreement. Exhibit C shall be provided when •o v° triggered by the Property Lessee and indicating the receipt of the appropriate Grading Permit, Access . m eE Permit, and/or ROW Permit, if applicable. Property Lessee shall substantially complete all improvements in accordance with Exhibit B in order to request the warranty period begin. In the event that the to)a ro construction schedule is not current,the Property Lessee shall submit a revised construction schedule. IONS du)6 Wm-- 0 U N OM N a Colorado State Land Board,do Pivot Solar 45,LLC,and Pivot Solar 55,LLC—USR24-0024—OFFSIA25-0002 co No Page 2 of 17 IC Cm 0. �7.:(-13� 4.0 Off-site Improvements Collateral. As required,collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. B. Haul Routes. The Property Lessee shall be fmancially responsible for its proportional share of the associated costs for maintaining and/or improving designated haul/travel routes. 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property: 1) North and south on County Road 61 between Highway 34 and County Road 46 2.0 Notice of Construction. A pre-construction inspection and a post-construction inspection shall be performed by County personnel to determine the site-specific condition of the road. The Property Lessee shall provide the Weld County Departments of Planning Services—Development Review Team with two weeks advance notice of the start of construction activities authorized by the USR permit and shall give additional notice within two weeks after construction has been completed. 3.0 Haul trucks shall enter and exit the site at the approved access(es)on CR 61 and travel north-south to the nearest paved road for further dispersal.Any County roads used by USR24-0024 traffic may become part of the established haul/travel routes. 4.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds-per-axle and axle configurations,unless overweight permits have been applied for and granted. 5.0 Temporary Deviations. In unusual or rare occasions,if projects mandate deviation from the above- mentioned haul/travel route for a limited period (six months or less), the Weld County Department of Planning Services may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved County roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months, or requests for one (1) or more deviations within a twelve (12)-month period shall authorize the County to change the haul/travel routes designated herein and provide notice to the Property Lessee. 6.0 Haul Route Signage. Property Lessee shall install travel route signs, if applicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved travel routes. 7.0 No Deviation from Permitted Haul Routes. Except as authorized by the BOCC pursuant to this Agreement, no use of any roads other than those specifically authorized for use in this Agreement is 8 M permitted without the prior written amendment of this Agreement. C. Maintenance Requirements: of m 1.0 Off-site recurring maintenance,if applicable,as required by the Board: m m.4 • G3 2.0 Dust Control. Property Lessee shall be financially responsible for its proportional share of dust c v� control on unpaved designated haul/travel routes after commencement of operation.The amount and extent m of dust control will be determined by site-specific conditions at the time, as determined exclusively by County personnel.Dust abatement along the relevant haul/travel routes is expected to occur approximately �a� two to five times per year. Dust abatement is required for roads with more than 200 vehicles per day,per [Fr section 8-6-100 of the Weld County Code. • mVQaier N Syr Na co mho Y� Colorado State Land Board,do Pivot Solar 45,LLC,and Pivot Solar 55,LLC—USR24-0024—OFFSIA25-0002 com,.M Page 3 of 17 —.0 2.1 Dust Control During Construction. If necessary,as determined by the County,the Property Lessee shall cause to be performed within 30 days of notification, at its sole expense,dust control by a contractor approved by Weld County Public Works during the construction period of the development. 3.0 Repair. Property Lessee shall be financially responsible for its proportional share of excavation, patching,and pavement repair on designated haul/travel routes.The amount and extent of repair and paving measures will be determined by site-specific conditions at the time, as determined exclusively by County personnel. 4.0 Need for Immediate Repairs. In the event of damage to a designated haul/travel route by project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"),County shall,after inspection,notify Property Lessee of such Significant Damage. Property Lessee shall identify the repair required and shall consult with County on the extent,type,timing, materials and quality of repair(i.e.temporary versus permanent)within twenty-four(24)hours after receipt of such notice and shall commence such repair within forty-eight(48)hours after receipt of such notice. If Property Lessee identifies Significant Damage prior to receiving notice thereof from County, Property Lessee may commence repair of such Significant Damage and shall concurrently notify County of the extent,type,timing,materials and quality of repair(i.e. temporary versus permanent). 5.0 Repair of Road. On or before December 31, of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul/travel route road portion will require paving measures in order to protect the public health, safety, and welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of the Off-Site Improvement/Repair Costs, County shall notify Property Lessee in writing that the Off-Site Improvements/Repairs shall be undertaken.Within ninety(90)days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements,Property Lessee shall submit Off-Site Construction Plans and Cost Estimates to County for review.Property Lessee shall have sole responsibility for the completion of the repairs and/or improvements on or before December 15, of the year following County's notice of the need for repairs. 5.1 In County's sole discretion, County may undertake the repairs and/or improvements. Property Lessee's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in this Agreement.Property Lessee will be invoiced accordingly for those proportional share costs. 6.0 Calculation of Property Lessee's Proportional Share of Costs. The County shall notify Property Lessee of County's preliminary determination and assessment of Property Lessee's proportional share of 8 fmm costs of maintenance,repair, or improvements to Property Lessee's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Lessee with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and 3 Z determinations. The County shall review and consider Property Lessee's input prior to making a final -0E determination and assessment. The County shall have sole responsibility for determination of Property coma Lessee's proportional share of costs.Property Lessee agrees to pay such proportional share of costs within 30 days of receiving an invoice from County. ;,�■ OLL oS cc,ce 7.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of • Property Lessee and all other Property Lessees and/or Lessees who are required by County to participate in a road improvement/maintenance agreements for the haul routes designated in this Agreement.As a result of d m the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further Go determine what road repair/improvement/maintenance work is to be performed during that construction Nma co G N aY N � Colorado State Land Board,c/o Pivot Solar 45,LLC,and Pivot Solar 55,LLC—USR24-0024—OFFSIA25-0002 thm, Page 4 of 17 to s - -'C. season.Notification to the Property Lessee of the required roadway repairs will be given as soon as the data becomes available. 8.0 Notification. The County shall notify Property Lessee of County's preliminary determination and assessment of Property Lessee's proportionate share of costs of maintenance, repair, or improvements to Property Lessee's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Lessee with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Lessee's input prior to making a final determination and assessment. PART II:GENERAL PROVISIONS A. Engineering and Construction Requirements: 1.0 Engineering Services. Property Lessee shall furnish to County,at its own expense,all engineering services in connection with the design and construction of the off-site improvements and all on-site drainage-related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, as identified on the accepted Construction Plans and according to the construction schedule set forth in the construction schedule exhibits. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado and shall conform to the standards and criteria established by the County for public improvements.The required engineering services shall consist of,but not be limited to: surveys, designs,plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 2.0 Rights-of-Way and Easements. Before commencing the construction of any off-site improvements herein agreed upon for public ROW or easements,Property Lessee shall acquire,at its sole expense,good and sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent domain on behalf of Property Lessee. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County-approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction. Property Lessee shall furnish and install,at its own expense,the improvements(and any drainage-related structures required by any MS4 permit)identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits,with the improvements being completed also in accordance with the schedule set forth in the construction schedule exhibits.The BOCC, at its option, may grant an extension of the time of completion set forth in construction schedule exhibits stated herein upon application by the Property Lessee. Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 4.0 Testing. Property Lessee shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Lessee shall employ at its expense a third-party qualified testing company approved by County. Such third party shall co furnish the certified results of all such testing to the County. At all times during said construction, the • County shall have the right to test and inspect material and work, or to require testing and inspection of r °u. In material and work at Property Lessee's expense. Any material or work not conforming to the approved rrt =� plans and specifications,including but not limited to damages to property adjacent to the construction plan ma b M area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property N m N r_ Lessee. a.In mom. BUZZ a N N r- m- Npr. N o 'ti Colorado State Land Board,c/o Pivot Solar 45,LLC,and Pivot Solar 55,LLC—USR24-0024—OFFSIA25-0002 Page 5 of 17 L- 174 5.0 Construction Standards. Design and construction of all off-site improvements shall conform to the current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Criteria. 6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of issuance of any ROW or Access Permit,the Property Lessee shall submit a traffic control plan for County review.During construction,appropriate safety signage shall be posted in accordance with the then-current version of the Manual of Uniform Traffic Control Devices. B. Collateral: 1.0 General Requirements for Collateral. Property Lessee shall provide to County the necessary collateral to guarantee all of Property Lessee's obligations under this Agreement: (1)Project Collateral is required for completion of off-site improvements,as described in this Agreement; (2) Warranty Collateral is required for all off-site improvements during the two-year warranty period. Collateral acceptance and release is governed by the Weld County Code. 1.1 Project Collateral shall be submitted to guarantee completion of off-site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 125%of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Lessee fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It may be necessary to provide additional collateral in the event the cost estimate is older than three(3)years.NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15%of Project Collateral.In the event that Property Lessee fails to adequately complete or repair improvements during the warranty period, County may, in its sole discretion,access Warranty Collateral for the purpose of completing such improvements. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of Section 8-2-40 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released in accordance with Section 8-2-30 of the Weld County Code. For collateral release, County personnel conducts inspections for on-site and off-site "1 improvements. 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral ®v t shall be withheld by County at the time of release of Project Collateral or may be submitted Q; •3 separately by Property Lessee. Warranty Collateral may be released upon the approval of the 0 County at the end of the two-year warranty period. 0 co ce— 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the in.=2A entire project or for a portion of the project, the Property Lessee must present a Statement of d5 Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Co — '+ Y in a aie Colorado State Land Board,c/o Pivot Solar 45,LLC,and Pivot Solar 55,LLC—USR24-0024—OFFSIA25-0002 MaMPage 6 of 17 to @L� Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Lessee's Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 3.2.2 For the improvements to public rights-of-way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.3 County's Response to Request for Release of Collateral. Following a written request for release of collateral, County personnel will inspect the improvements as provided in this Agreement.Upon approval,the Board of County Commissioners may release said collateral. C. Acceptance of Improvements: 1.0 Acceptance of Off-Site Improvements: Upon completion of the off-site improvements, Property Lessee shall contact the Weld County Development Review Team and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. 2.0 Inspection,Approval,and Acceptance Process: 2.1 Upon completion of construction of all off-site improvements as described in the Construction Plans, Property Lessee shall submit to the Weld County Department of Planning Services a Statement of Substantial Compliance by Property Lessee's Engineer along with "as-built"drawings as required in subsection B.3.2.3, above, and shall request County inspection of the Off-Site Improvements.County personnel shall then inspect the improvements.If the County determines the improvements were not constructed in accordance with the Construction Plans,the County shall direct the Property Lessee to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the Off-Site Improvements. 2.2 Two-Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County personnel shall, upon request by the 2 Property Lessee, inspect the subject improvements, and notify the Property Lessee of any deficiencies. If any deficiencies are discovered,the Property Lessee shall correct the deficiencies. 8 County personnel shall re-inspect the improvements after notification from the Property Lessee that said deficiencies have been corrected. If the County personnel fords that the improvements are constructed according to County standards, he or she shall approve the improvements. Such fmal approval shall authorize the Property Lessee to request the Board of County Commissioners to v release the Warranty Collateral. ffh •3 w•vti 2.3 Placement of Improvements into Service Prior to County Approval. If requested by the o v L Property Lessee and agreed by the County,portions of the improvements may be placed in service rn when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the ma" improvements. County may, at its option, issue building permits for construction for which the d con 3 improvements detailed herein have been started but not completed according to the schedule shown OD co;in W. m—• co N Colorado State Land Board,do Pivot Solar 45,LLC,and Pivot Solar 55,LLC—USR24-0024—OFFSIA25-0002 r ` Page 7 of 17 0 N L 10-.0 on the construction schedule exhibit and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County,and all terms of this Agreement have been faithfully kept by Property Lessee. D. Permits: The Property Lessee is required to apply for and receive all permits required by the County or any other applicable local, State,or federal permit,including but not limited to: 1.0 Access Permits. Property Lessee shall not use any access onto any County road unless and until an access permit has been issued by the Department of Planning Services.Planning Services may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point,or if there is a change in use of the current access point,as permitted by Article XIV of Chapter 8 of the Weld County Code. 2.0 Right-of-Way(ROW)Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works.No work shall occur without said ROW permit. 2.1 Traffic Management Plan. Property Lessee shall provide a Traffic Management Plan for the intersection of County Road 61 and County Road 50. 3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport Permit is required for Extra-legal vehicles using Weld County roadways to ensure the operation and movement of Extra-legal Vehicles and Loads occurs in a safe and efficient manner. E. Enforcement and Remedies: 1.0 Violation of Terms of Agreement. If in County's opinion,Property Lessee has violated any of the terms of this Agreement, County shall notify Property Lessee of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Lessee shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the violation is continuing,County may consider Property Lessee to be in breach of this Agreement. 2.0 Remedies for Breach by Property Lessee. In the event that County determines that Property Lessee has violated the terms of this Agreement,and has failed to correct said violation,County may exercise any or all of the following remedies,or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation.For example,the County may access and use Project Collateral in order to r4 complete improvements as required by the Construction Plans,when such improvements have not been completed in accordance with the Construction Schedule. o U nil m 2.2. Withholding Permits. County may "lock" any or all lots within the Property, which °;.3 precludes the continued issuance of building permits, zoning permits, septic permits, or any other vo.44ii permit issued by any department of the County. e 0" 2.3 Court Action. Countymayseek relief in law or equity byfilingan action in the Weld `~ce§ q tY • District Court or Federal District Court for the District of Colorado,except that no such civil action mg N L or order shall be necessary to access collateral for the purpose of completing improvements as a m described above. m�- •-. i In N aWI co G▪ a Y�~ Colorado State Land Board,c/o Pivot Solar 45,LLC,and Pivot Solar 55,LLC—USR24-0024—OFFSIA25-0002 co• = Page 8 of 17 0�L 2.4 Revocation of USR Permit. Property Lessee acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the USR,and County may exercise this option in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code Section 23-2-290. However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect the health,safety,and welfare of the residents of Weld County. 3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Property Lessee's complete cessation of all activities permitted by the USR including any clean up or restoration required. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination. Unless informed in writing by the Property Lessee of cessation of activities, and verified by the County,cessation shall only be presumed if the County determines that the USR has been inactive for three (3) years. Property Lessee shall not be entitled to a release of Project or Warranty Collateral unless and until the improvements required by this Agreement are completed. 3.3 Execution of Replacement Agreement.This Agreement shall terminate following County's execution of a new Improvements Agreement with a new property lessee or operator who has purchased the Property or has assumed the operation of the business permitted by the USR and intends to make use of the rights and privileges available to it through the then existing USR. 3.4 Revocation of USR. This Agreement shall terminate following County's revocation of Property Lessee's USR,except that the Property Lessee shall only be released from this Agreement after the successful completion of all improvements required under this Agreement,which may be completed by County after accessing Property Lessee's collateral if Property Lessee fails to complete such improvements. 3.5 Completion of Construction. This Agreement shall terminate following Property Lessee's _ completion of construction of the facilities authorized by the underlying USR. Property Lessee shall notify the County of completion. F. General Provisions: 1.0 Successors and Assigns. o 1.1 Property Lessee may not delegate, transfer, or assign this Agreement in whole or in part, ywithout the prior express written consent of County and the written agreement of the party to whom °D m 3 the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case,Property Lessee's release of its obligations o ci a shall be accomplished by County's execution of a new Improvements Agreement with the LL 8 successor lessee of the property. 1.2 County's rights and obligations under this Agreement shall automaticallybe delegated, aNia ro:•� t3' g rn a transferred, or assigned to any municipality which, by and through annexation proceedings, has massumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. N a` N o 'ti se 1E- Colorado State Land Board,d o Pivot Solar 45,LLC,and Pivot Solar 55,LLC-USR24-0024-OFFSIA25-0002 yr Page 9 of 17 toa�— If)0 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction,this Agreement shall be construed and enforced without such provision,to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities,rights,benefits,protections or other provisions, of the Colorado Governmental Immunity Act§§24-10-101 et seq.,as applicable now or hereafter amended. 4.0 Amendment or Modification. Any amendments or modifications to this agreement shall be in writing and signed by both parties. 5.0 No Third-Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 7.0 Choice of Law/Jurisdiction. Colorado law,and rules and regulations established pursuant thereto, shall be applied in the interpretation,execution,and enforcement of this Agreement.Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.In the event of a legal dispute between the parties,the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Lessee, concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 9.0 Release of Liability. Property Lessee shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by,arising from,or on account of the design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit, action or claim, and g o notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by,or arises out of the negligence of the County or its officers, agents,employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees G� while acting within the scope of their employment. All contractors and other employees engaged in 0;m 3 construction of the improvements shall maintain adequate worker's compensation insurance and public v liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State o e'a— of Colorado governing occupational safety and health. YIL- O ry U erg''° 10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- aN►a b judicial body or person.Any provision to the contrary in this Agreement or incorporated herein by reference ro N shall be null and void. a_in mU� Na ti N Colorado State Land Board,c/o Pivot Solar 45,LLC,and Pivot Solar 55,LLC—USR24-0024—OFFSIA25-0002 MIS Page 10 of 17 �NL 11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Lessee shall provide the County with proof of Property Lessee's authority to enter into this Agreement within five(5)days of receiving such request. 12.0 Acknowledgment. County and Property Lessee acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,with the attached or incorporated Exhibits,is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement,the terms of the Weld County Code shall control. 2 o� Us ae -0 a4@m �3X �,y 4.1L O _s— muo e-1 re a ate. NNE a. m ,r,N J N a- co N Y Colorado State Land Board,do Pivot Solar 45,LLC,and Pivot Solar 55,LLC—USR24-0024—OFFSIA25-0002 r Page 11 of 17 If)0 PROPERTY LE • PIVO SOLAR 45,LLC,AND PIVOT SOLAR 55,LLC By: ! Date re/24 -- Name. 4/+G Title: /47' or, BRADLEY THOMAS STATE OF COLORADO ) I NOTARY PUBLIC-STATE OF COLORADO I- SS. I NOTARY ID 20234038396 County of Dein,/pr ) I MY COMMISSION EXPIRES OCT 10,2027 The foregoing instrument was acknowledged before me this 3A day of SePt0 202 S,by 141418,.. 8,, SAA,s ri 0"c4AA.. WITNESS my hand and official seal. Notary Public WELD COUNTY: ATTEST: ., '41) BOARD OF COUNTY COMMISSIONERS Weld County Cle k to the Board WEJ COUNTY,COLORADO BY: Oka Deputy Clerk to the Board erry L. Bu ,Chair OCT 2 7 2025 i a 0.c V C _ zo � •3Z m _ s O y.i �LLO- fi ee Wa" i0 N au) o~� N Z N N NiM N x Colorado State Land Board,c/o Pivot Solar 45,LLC,and Pivot Solar 55,LLC—USR24-0024—OFFSIA25-0002 tom, Page 12 of 17 10 -'= �7-o1 ZoZ5—Z I EXHIBIT A OFF-SITE COSTS OF CONSTRUCTION Ei/lrIIRO EO SALES QUOTE SEANCES,INC. 910 54th Ave.,Suite 230 Sales Person: Al Roys Greeley,CO 80634 970-260-7420 Order Line 800-577-5346 aroysnenvirotechservices.com Fax 970-346-3959 Date: 8/18/2025 TO: Matt Griffiths Ship Address: Matt Griffiths Namaste Solar Namaste Solar Kersey Colorado Phone: Contact: Matt Griffiths Celt 240-997-8520 Email for Confirmation:latt.ariffithsbnamastesolor.cor New Customer Ul Desired Delivery Date Late Novmeber Credit/Pre-Pay FOB Origin Delivered FOB EnviroTech Water Customer Water ErwiroTech Plant Site Destination Apply Product credit no Yes Yes No Yes COEVA QTY Unit DESCRIPTION/APPLICATION RATE Cost.#-CAN UNIT PRICE LINE TOTAL 7400 gallons Durablend shot at a.35 part Number 1362 $ 1.64 $ 12,136.00 6340 gallons Water shot at a.30 Part Number 9999 $ 0.25 $ 1,585.00 LENGTH 10,560 PO# WIDTH 18 Subtotal $ 13,721.00 SQYDS 21,120 Tax 2.9% TOTAL $ 13,721.00 *Taxes,if applicable,will be added to this total. Total may vary depending on final quantities delivered. Prices may change without notice. If tax exempt,list state It certificate# If tax exempt information is incomplete,sales tax will be charged. Notes/Special Requirements(i.e.special fittings,longer hoses,etc.) 2 This is a quote for Matt Griffiths with Namaste Solar for a job upcoming up November, Shot rate is at.35 for o I Durablend and.30 for Water Area is 10,560 feet long by 18 foot wide total Square Yards are 21,120. Roadway "- needs to bladed and all potholes filled in and to proper crown in roadway,to allow drainage. c Disclaimer:No warranty is conveyed concerning this product,be it expressed or implied.This includes but in not limited to a warranty of mxd:mutability or fitness for a Uparticular purpose.Product performance may way depending on road conditions,traffic marts,weather and other related factors. m m 3 ZiaCredit Card Information: • Name on Card p y 21) 'Zs— Credit Card number LL o Billing Address from cc stmt or Exp date 3 Digit Code eQe ,fir �a YL - PEOPLE HELPING PEOPLE IMPROVE THEIR ENVIRONMENT con a) m lll� t• saw N D_ co N ti Colorado State Land Board,do Pivot Solar 45,LLC,and Pivot Solar 55,LLC-USR24-0024-OFFSIA25-0002 t7 Page 13 of 17 10 eirle".81111 EXHIBIT B OFF-SITE CONSTRUCTION SCHEDULE • Estimated mobilization date for improvements: 2/16/2026 • Estimated timeline for completion: 1-3 days 2 S o U c c rl� La LLU ' waRg 10NL aIn" mz— .. CO a Colorado State Land Board,do Pivot Solar 45,LLC,and Pivot Solar 55,LLC-USR24-0024-OFFSIA25-0002 r-N°•-~ Page 14 of 17 cn I-.o EXHIBIT C CONSTRUCTION PLANS • ► DESIGNATED TRAVEL ROUTE f US-34 - WCR 50 WCR 61 _ MAGNESIUM CHLORIDE APPLICATION WCR 61 PIVOT SOLAR 45/55 x 55 SITE ACCESS dam` -.. .,v. _ •.5.. _. a - ... - - - �. 8� I E .1 I. U Y m-U-� CF) •3i B ti 44-14L N is.LL o C- a y a ro- ARK... ' 1515 MET STREET FIGURE 1-PROXIMITY MAP&DESIGNATED TRAVEL ROUTE DATE 01282025 -�� IO - 'ENERTIA SURE1Kn DENSCALE: =10,0W 1p N L VER.COCO502R2 PIVOT ENERGY SOLAR FARM ON BOX ELDER PARCEL O_ m I CONSULTING GROUP LLC (619)234 02 WBD COUNTY,COLCIRADO BY: WJR mU� co s a- Colorado State Land Board,c/o Pivot Solar 45,LLC,and Pivot Solar 55,LLC-USR24-0024-OFFSIA25-0002 la N0 '11 Page 15 of 17 1.s.), IL= If):1/11.1 1 glop 6 . 5 . .41111k ....Illeatill'ill‘' lie.1 -" �'' Improvements not r • ; planned (CR61) _ . '' I. ''krtlb...11114L•q. r.,. ! liii i�07 1.111.milm Aii-1.- arm .. ® U • ., Improvements re A. . .. on CR61 iii NEI: ..,ice 1 • # aye Ilk Access via Section �`- Line ROW • MI r ii: :, •r. yr Site Area .. 7 o� r,- U` to C .. . is-°-� v m Cte - . .,,r t ho . .. . ... Lir CO UL 0 U ' .. A P 41 ,. .. i 1¢ro.. .. NNEY a.0d-=. m�� .. i 1O m Colorado State Land Board,c/o Pivot Solar 45,LLC,and Pivot Solar 55,LLC—USR24-0024—OFFSIA25-0002 co Inma N Page 16 of 17 o N Y L in CD...., .-. In�oME EXHIBIT D PLAT MAP a 2 _ o - 7 o o 0) ti )711 rl �..■■ :L O 4/1 Oil Li.0 N oY m E d' a a or N01 NL mU� N in a` Colorado State Land Board,c/o Pivot Solar 45,LLC,and Pivot Solar 55,LLC—USR24-0024—OFFSIA25-0002 #30In r.l o 11 Page 17 of 17 et)112 so u).•U� co\--) ] PERFORMANCE BOND Bond No.: UCSX729X1003 KNOW ALL MEN BY THESE PRESENTS, that Pivot Solar 45 LLC and Pivot Solar 55 LLC, (hereinafter called Principal), as Principal, and United Casualty and Surety Insurance Company, a corporation of the state of Nebraska, (hereinafter call Surety), as Surety, are held and firmly bound unto County of Weld, (hereinafter called Obligee), in the full and just sum of Seventeen Thousand One Hundred Fifty- One and 25/00 Dollars ($17,151.25) to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns,joint and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal is required to complete all improvements at Site: Section 24, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado. This bond is for the term beginning October 8,2025 and shall remain in full force and effect until the Obligation is released by the Obligee when all terms of the Agreement have been satisfactorily performed. The Surety waives notice of any alteration or extension of time made by the Obligee. NOW THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of said Ordinance, then this Obligation shall be released by the Obligee upon issuance of a letter of Final Acceptance; otherwise, to remain in full force and effect. No party other than an Obligee shall have the rights hereunder as against the Surety. The aggregate liability of the Surety on the bond obligation shall not exceed the penal sum stated herein for any cause or reason whatsoever. Signed, sealed and dated this 8th day of October, 2025. Pivot Solar 45 LLC Principal By --Tv" u Pivot Solar 55 LLC Principal By --Tow. , Ce-a United Casualty and Surety Insurance Company Surety By C)hktLic4 dia Ortega,Atto ey-in-Fact ucs POWER OF ATTORNEY 172729 KNOW ALL MEN BYTHESE PRESENTS:That United Casualty and Surety Insurance Company,a corporation of the State of Nebraska,and US Casualty and Surety Insurance Company and United Surety Insurance Company,assumed names of United Casualty and Surety Insurance Company(collectively,the Companies),do by these presents make,constitute and appoint: Lacey Hitchcock,William!son,Nadia Ortega,John L.Hohlt,Nathan Wonder,Senia Hernandez,Candice Hild,Eriel Yeldell its true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name, place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders,amendments,and consents of surety,providing the bond penalty does not exceed Fifteen Million&00/100 Dollars ( $15,000,000.00 ). This Power of Attorney shall expire without further action on December 31",2026. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the 1'day of July,1993: Resolved that the President,Treasurer,or Secretary be and they are hereby authorized and empowered to appoint Attorneys-in-Fact of the Company,in its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons. That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond,undertaking,recognizance or other written obligation in the nature thereof;such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed,this 12th day of August,2025 UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company a ;1. jg ) United Surety Insurance Company lll'S ktt'Se 11C4., n /J Corporate Seals R.Kyle ler,Treasurer Commonwealth of Massachusetts County of Suffolk ss: On this 12th day of August,2025 ,before me,Colleen A.Cochrane,a notary public,personally appeared,R.Kyle Fowler,Treasurer of United Casualty and Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me'that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct. WITNESS my hand and seal. COLLEDIA.COCNMgE NObli' ' 101� r JK�-1A (Seal) MyConine,bn Expires 1om12028 otary Public Commis on Expires:10/27/2028 I,Robert F.Thomas,President of United Casualty and Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect; furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Boston,Massachusetts this 8th day of October 2025 Corporate Seals III ' . ° i� II " Robert F.Thomas,President Lit / - tIC3 Iir TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL:CONFIRMBOND@UNITEDCASUALTY.COM Contract Form Entity Information Entity Name* Entity ID* ❑New Entity? PIVOT SOLAR LLC @00047392 Contract Name* Contract ID Parent Contract ID IMPROVEMENTS AND ROAD MAINTENANCE 9992 AGREEMENT COLORADO STATE LAND, CIO PIVOT Requires Board Approval SOLAR 45, LLC & PIVOT SOLAR 55, LLC USR24-0024 Contract Lead* JTRUJILLOMARTINEZ YES Contract Status Department Project# CTB REVIEW Contract Lead Email jtrujillomartinez@weld.go v Contract Description* IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT COLORADO STATE LAND, C/O PIVOT SOLAR 45, LLC & PIVOT SOLAR 55, LLC USR24-0024. COLLATERAL IN THE AMOUNT OF $17,151.25 IS REQUIRED. COLLATERAL HAS BEEN PROCURED IN THE FORM OF PERFORMANCE BOND NO. Contract Description 2 UCSX729X1003 GUARANTEED BY UNITED CASUALTY AND SURETY INSURANCE COMPANY Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PLANNING Date* 10/16/2025 10/20/2025 Amount* Department Email $17,151.25 CM-Planning@weld.gov Will a work session with BOCC be required?* NO Renewable* Department Head Email NO CM-Planning- Does Contract require Purchasing Dept. to be DeptHead@weld.gov included? Automatic Renewal County Attorney NO Grant GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 10/20/2026 Termination Notice Period Committed Delivery Date Expiration Date* 10/20/2027 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DAWN ANDERSON RUSTY WILLIAMS BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/15/2025 10/16/2025 10/16/2025 Final Approval BOCC Approved Tyler Ref# AG102725 BOCC Signed Date Originator JTRUJILLOMARTINEZ BOCC Agenda Date Hello