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Home My WebLink About20252071.tiffResolution Approve Release of Collateral and Accept Replacement Collateral for Zoning Permit, ZPSF23-0001 - Sunshare, 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 5th day of May, 2023, the Department of Planning Services approved the application of Sunshare, LLC, do Beau Scott, 1724 Gilpin Street, Denver, Colorado 80218, for Zoning Permit, ZPSF23-0001, for a less than five (5) -acre Solar Energy Facility (3 Acre SEF) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the SE1/4 of Section 1, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado Whereas, on August 16, 2023, pursuant to certain Conditions of Approval, the Board accepted a Decommissioning and Reclamation Plan, to include collateral in the form of Surety Bond #SU 1192939, issued by Arch Insurance Company, Harborside 3, 210 Hudson Street, Suite 300, Jersey City, New Jersey 07311-1107, in the amount of $13,800.00, and Whereas, staff from the Weld County Department of Planning Services received a letter from Sunshare, LLC, requesting that the Board of County Commissioners release the currently held collateral for ZPSF23-0001, in the amount of $13,800.00, procured in the form of Surety. Bond #SU 1192939, issued by Arch Insurance Company, and Whereas, the Board has been presented with replacement collateral in the form of Surety Bond #800137738, issued by Atlantic Specialty Insurance Company, 605 Highway 169 North, Suite 800, Plymouth, Minnesota 55441, in the amount of $13,800.00, and Whereas, after review, the Board deems it advisable to accept said Surety Bond #800137738, as stated above, a copy of which is attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the currently held collateral for ZPSF23-0001, in the amount of $13,800.00, procured in the form of Surety Bond #SU 1192939, issued by Arch Insurance Company, be, and hereby is, released, and that replacement collateral in the form of Surety Bond #800137738, issued by Atlantic Specialty Insurance Company, 605 Highway 169 North, Suite 800, Plymouth, Minnesota 55441, in the amount of $13,800.00, be, and hereby is, accepted. 5045798 Pages: 1 of 2 08/06/2025 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII �UrJ1'�L,� 11r'i+lti�Iil�'�M'�:rl��.I�.i�C'IY'IFL� �riYr�h 11 11 1 cc:pLCsE/ 'oA/s-rM4c /Mw) 2025-2071 ' 5721/2S PL2520 Release of Collateral and Accept Replacement Collateral for Zoning Permit, ZPSF23-0001 - Sunshare, LLC Page 2 Be it further resolved by the Board that the Clerk to the Board be, and hereby is, directed to return said currently held collateral to the appropriate issuing party. The Board of County Commissioners of Weld County, Colorado, adopted the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 21st day of July, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro -Tern: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5045798 Pages: 2 of 2 08/06/2025 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IV "Ill 2025-2071 PL2520 SURETY BOND C.F.Lc20 BOND NUMBER 800137738 KNOW ALL MEN BY THESE PRESENTS, that SunShare, LLC, as Principal, and Atlantic Specialty Insurance Company, a corporation duly organized under the laws of the State of New York, as Surety, are held and firmly bound unto The Board of County Commissioners of Weld County, Colorado, as Obligee in the sum of $13,800.00 lawful money of the United States, for payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, the liability of the Surety being limited to the penal sum of this bond regardless of the number of years the bond is in effect. WHEREAS, the Principal has entered into a written agreement with the Obligee for the placement of a solar energy facility comprised of solar energy collection cells/panels and related facilities necessary to harness sunlight for energy generation and distribution and associated support structure, braces, racking, wiring and related interconnection equipment which agreement sets forth the terms and conditions which govern the use of such Permit ZPSF23-0001 and which agreement is hereby specifically referred to and made part hereof as Exhibit A ("Resolution"), and WHEREAS, Weld County requires the submission of a bond guaranteeing the maintenance, replacement, removal or relocation of said solar energy facility located at Montezuma Solar, LLC SE4 Section 1, T4N, R64W of the 6th P.M., Weld County, CO and as further detailed in the revised Decommissioning Plan, attached as Exhibit B. NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal shall perform in accordance with the aforesaid Township Resolution and indemnify the Obligee against all loss caused by Principal's breach of any ordinance or agreement relating to maintenance, replacement, removal or relocation of side solar energy facility, then this obligation shall be void, otherwise to remain in full force and effect unless cancelled as set forth below. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of June 1, 2025 to June 1, 2026. THIS BOND shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be December 31 of each calendar year), the Surety delivers written notice to Principal and to Obligee, or Principal delivers written notice to Surety and Obligee, that the notice -sender seeks to modify the terms of, or cancel, this bond. Written notice is effective if delivered to, or sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed to the Principal or Surety, as the case may be, and to the Obligee requiring bond, as outlined in the notice section of this Bond, and is actually received by the Principal or Surety, as the case may be, and the Obligee at least thirty (30) days prior to the renewal date. However, neither: (a) the Surety's decision to cancel, nor (b) the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to cancel this Bond, shall itself constitute a loss to the Obligee recoverable under this Bond or any extension thereof. NOTICE: Principal: SunShare, LLC 1724 Gilpin Street Denver, Colorado 80218 Surety: Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Obligee: The Board of County Commissioners of Weld County 1555 N. 17th Avenue Greeley, CO 80631 THIS BOND is signed, sealed, dated on the 1st day of June, 2025. This bond is effective the 1st day of June, 2025. SunShare, LLC By: Atlantic Specialty Insurance Company MEMORANDUM To: Board of County Commissioners From: Molly Wright, Planner II Subject ZPSF23-0001 Acceptance of a replacement security bond Date: July 7, 2025 Case Number: ZPSF23-0001 Applicant: SunShare LLC d/b/a Montezuma Solar LLC Owner: Lisa Jeanette Foos Legal Description: A part of the SE4 of Section 1, T4N, R64W of the 6th P.M., Weld County, CO Location: West of and adjacent to CR 61 and north of and adjacent to CR 48 Zoning: A (Agricultural) Zone District Parcel #: 1053-01-0-00-013 Parcel Size: Lease Area: Summary: ± 158 acres ± 3.00 acres Sunshare, LLC, has submitted a request to release the currently held Surety Bond for the decommissioning and reclamation plan for ZPSF23-0001 Solar Energy facility, and accept a replacement Surety Bond. ZPSF23-0001 was conditionally approved by the Planning Staff on May 5, 2023. The applicant is requesting to replace the existing Surety Bond (#SU1192939) from Arch Insurance Company in the amount of $13,800.00, that was accepted by the Board of County Commissioners on August 16, 2023, with the new Surety Bond (#800137738) from Atlantic Specialty Insurance Company in the amount of $13,800.00. This new Surety Bond will comply with Condition of Approval #3.0. of the staff report. Recommendation: Staff recommends that the Board accept the Surety Bond because it complies with Section 23-4-455.D.7. of the Weld County Code and staff has accepted the related decommissioning/reclamation plan. If the surety bond is accepted by the Board of County Commissioners, it will continue to satisfy Condition of Approval #3.D. of the ZPSF Staff Report. 2025-2071 7/2,1 PL252O JUNE 3, 2025 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 1555 N 17TH AVE GREELEY, CO 80631 Please find included original bond documents for SunShare, LLC - Bond # 800137738 S urety Bond No. 800137738 is attached to Montezuma Solar Permit ZPSF23-0001 and decommissioning plan for solar energy facility located at SE 1/4 of Section 1, Township 4 North, Range 64 West of the 6th P .M., Weld County, Colorado. ***This bond replaces and supersedes Arch Insurance Company Bond No. SU 1192939*** U pon reception, please release the original bond (SU 1192939) and replace it with Bond # 800137738. If it is Weld County's policy to return cancelled bonds, the SU 1192939 document can be sent back to the S unShare, LLC office at 1724 N. Gilpin St, Denver, CO 80218 and we will return the cancelled bond to our insurer. S INCERELY, S UNSHARE, LLC CIO Montezuma Solar 11/4 SunShare COMMUNITY SOLAR 1724 Gilpin Street, Denver, CO 80218 • legal@mysunshare.com • MYSUNSHARE.COM Clerk to the Board's Office Phone: (970) 400-4225 1150 O Street P.O. Box 758 Greeley, Colorado 80632 www.weld.gov September 11, 2025 Sunshare, LLC 1724 Gilpin Street Denver, Colorado 80218 Re: Release Surety Bond #SU 1192939 - ZPSF23-0001 Sunshare, LLC To Whom It May Concern: Enclosed please find copies of the letter to the insurance company, released Surety Bond #SU 1192939, and a copy of the Board of County Commissioner's Resolution, dated July 21, 2025, authorizing the release of said Surety Bond, held as warranty collateral in the amount of $13,800.00 for the above referenced case. At the request of the applicant, said collateral has been returned to them to return to Arch Insurance Company. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4212 or jreid@weld.gov. Respectfully, Jess Reid Deputy Clerk to the Board Enclosure cc: Dawn Anderson, Department of Planning Services Jazmyn Trujillo -Martinez, Department of Planning Services Max Nader, Department of Planning Services Clerk to the Board File PL2520 Page 1 of 1 Clerk to the Board's Office Phone: (970) 400-4225 1150 O Street P.O. Box 758 Greeley, Colorado 80632 www.weld.gov September 11, 2025 Arch Insurance Company 210 Hudson Street, Suite 300 Jersey City, New Jersey 07311-1107 Re: Release Surety Bond #SU 1192939 - ZPSF23-0001 Sunshare, LLC To Whom It May Concern: Enclosed please find the released Surety Bond #SU 1192939 and a copy of the Board of County Commissioner's Resolution, dated July 21, 2025, authorizing the release of said Surety Bond, held as warranty collateral in the amount of $13,800.00 for the above referenced case. At the request of the applicant, said collateral has been returned to them to return to Arch Insurance Company. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4212 or jreid@weld.gov. Respectfully, (2.3.1.Ja Jess Reid Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services Max Nader, Department of Planning Services Clerk to the Board File PL2520 Page 1 of 1 IN O MI 2- Ri Postage Cl $ U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only S U --- c0 U, CT — Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ Return Receipt (electronic) Certified Mail Restricted Delivery [] Adult Signature Required $ O Adult Signature Restricted Delivery $ Total Postage and Fees Ili 1 • $ $ 1 •I Postmark Here SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: S v�r SvNas c. ) Vet -stek. DeArwtri Co 930-;.1E3 11111111111 IIIII 11111111111 11111111111111 9590 9402 8258 3094 6632 28 A. Signature X 16 SEP 2U`E3Agai`'l D Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: O No 2. Article Number (Transfer from service label) 9589 0710 5270 15❑4 7267 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery .Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ' 3ured Mail 07 sured Mail Restricted Delivery ier $500) ❑ Priority Mail Express® ❑ Registered MaitTM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Hello