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Home My WebLink About20251777.tiffDocusign Envelope ID: 885114E1-432F-4F88-B82E-663AB924D70B Use by Special Review (USR) Application Planning Department Use: Date Received: Amount $ Case # Assigned: Application Received By: Planner Assigned: Property Information Is the property currently in violation? rt No / ❑ Yes Violation Case Number: Parcel Number: 071119000023 Site Address: 38876 COUNTY ROAD 49 Legal Description: The North Half of the Northwest Quarter of Section 19, Township 7 North, Range 64 West of the 6th Principal Meridian, County of Weld, State of Colorado. Section: 19 , Township 07 N, Range 64 W Zoning District: AG Acreage: 72.89 Within subdivision or townsite? RI No / ❑ Yes Name: Water (well permit # or water district tap #): 0376363 and 38876 Sewer (On -site wastewater treatment system permit # or sewer account #): G19940500 Floodplain VI/No / ❑ Yes Geological Hazard U'No / ❑ Yes Airport Overlay 17 No / ❑ Yes Project USR Use being applied for: Commercial Solar Energy Facility Name of proposed business: RDC CO Weld Count�Rd 49 LLC Property Owner(s) (Attach additional sheets if necessary.) Name: Juan Pablo Gomez Mendiola Company: Phone #: (970) 388-4926 Email: Street Address: 38876 COUNTY ROAD 49 City/State/Zip Code: Weld County APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent) Name: RDC CO Weld County Rd 49 LLC Company: Reactivate Phone #: 708-667-6614 Email: bentley@reactivate.com Street Address: 2045 W Grand Ave Ste B, PMB 52340 City/State/Zip Code: Chicago, IL 60612 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application, or if an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has th I als@utch,grity to sign for the corporation. Utopia (ki(1, u't�RR I rsFa�aso... _ �arsc�• 12/13/2024 Date Signature Date Print Print DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17' AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM I, (We) Juan Pablo Gomez Mendiola give permission to RDC CO Weld County Rd 49 LLC (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: PARCEL 071119000023 Legal Description: 10032-A N2NW4 19 7 64 EXC UP of Section 19 , Township 07 N, Range 64 W Subdivision Name: N/A Property Owners Information: Address: 38876 COUNTY ROAD 49 Lot N/A Block N/A (970) 388-4926 Phone: E-mail: gome8647@gmail.com Authorized Agent/Applicant Contact Information: Address: 2045 W Grand Ave Ste B, PMB 52340, Chicago, IL 60612 Phone: 708-667-6614 E -Mail: Bentley@reactivate.com Correspondence to be sent to: Owner O _ Authorized Agent/Applicant_❑by: Mail ❑ Email ❑✓ Additional Info: I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. J u Flo 6.—. Me olu SIGNED 12/16/2024 11:26 AM EST Date Owner Signature Owner Signature State of Florida County of Orange 16th Subscribed and sworn to before me this day of December, 2024 by Juan Pablo Gomez Mendiola by means of online notarization and who produced CO Driver License as form of identification. SANDRA BURGOS Notary Public State of Florida Commission N HH 594787 My Comm. Expires Nov 17, 2028 Online Notary Public. This notarial act involved the use of online audio/video communication technology. Notarization facilitated by SIGNiX® Date ��a« SIGNED 12/16/2024 11:29 AM EST Notary Public 11 /17/28 My commission expires Docusign Envelope ID: 27A1802B-7E11-48AF-ABB8-04491A3F5BBA Reactivate Departments of Planning Building, Development Review and Environmental Health 1402 North 17TH Avenue P.O. Box 758 Greeley, CO 80632 February 18, 2025 Re: RDC CO Weld County Rd 49 LLC Ladies and Gentlemen: This letter is to notify you that James Bentley is an employee of Reactivate Administration, LLC, an affiliate Reactivate, LLC, the upstream owner of RDC CO Weld County Rd 49 LLC, and he is authorized to represent and to present a permit application for RDC CO Weld County Rd 49 LLC. Please note that James Bentley does not have the authority to sign on behalf of or bind RDC CO Weld County Rd 49 LLC. Should you have any questions regarding this notice, please do not hesitate to contact us. Sincerely, r'wpml ttc ia. tki(i, EE4IIC 1 Ft -74$ .. Utopia Hill, Chief Executive Officer and President STATE of DELAWARE LIMITED LIABILITY CON/WAN)." CERTIFICATE of FORMATION First: The name of the limited liability company i RDC CO Weld County Rd 49 LL Second: The address off ` its registered office e in the State of .Delaware is 251 Litt a Falls Drive in the City of Wilrnington Zip code 19808 Corporation Service Company The name of its e i stereo. agent at such address i Third: (Use this paragraph only if the company is to have a specific effective date of dissolution: "The latest date on which the limited liability company is to dissolve i Fourth; (Insert any other matters the members determine to include erei .) In Witness Whereof, the undersigned have executed this Certificate of Formation this 7th day of October g 2024 By: is/ Cynthia Webster Authorized Person (s) Name: Cynthia Webster State of Delaware Secretary of State Division of Corporations Delivered 11;27 AM 10/07/2024 FILED 11.27 AM 10/07/2024 SR 20243878381 - File Number 5420639 �t� Reactivate 4,4,± An Inveaner y Company Use by Special Review Application — RDC CO Weld County Rd 49 RDC CO WELD COUNTY RD 49 Explain the proposed use and business name. The RDC CO Weld County Rd 49 Community Solar Energy Facility (SU) is a 3 MW (30 acre) solar photovoltaic generation facility located on a segment of Parcel Number 071119000023, Northeast of Eaton, Weld County, Colorado along County Road 49. The Project is being developed by Reactivate CO Development LLC ("Reactivate"), which is a wholly owned subsidiary of Reactivate Devco LLC. The Project is seeking a Use by Special Review ("USR") to permit construction and operation of the project. The design of the Community Solar Energy Facility complies with the general provisions for use by special review outlined in "Weld County, Colorado, Charter and County Code - Chapter 22 Comprehensive Plan" Adopted 1973 and updated in 2008. The installation and operation will comply with all applicable local, state and national laws and regulations. Explain the need for the proposed use. The construction of a SEF can generate local jobs and create a long-term asset that produces energy at a competitive price, benefiting Weld County residents. Weld County, along with the rest of Colorado, is experiencing significant growth in electricity consumption, necessitating increased electricity generation. Community solar addresses this issue by offering ratepayers the option to choose locally generated electricity. As the energy capital of Colorado, Weld County can enhance its role as an energy leader by embracing solar power. Local solar projects diversify the county's energy mix, leading to a more stable and resilient grid. By adopting additional solar energy, Weld County can meet its growing energy needs and continue to play a pivotal role in Colorado's energy landscape. Describe the current and previous use of the land. Parcel Number 071119000023 shows to have historically been used for agriculture and is designated as agricultural land. According to the landowner, in their time of ownership, the site has occasionally been used for grazing and is not irrigated. According to the zoning map provided by Weld County, the use has not changed and has continued to be 1 zoned Agricultural (A). The parcel does not lie within a "Near -Urban Planning Area" according to Weld County Code Appendix 21-B. Describe the proximity of the proposed use to residences. Within the 500 -foot radius of the proposed 30 -acre project there are five parcels designated with Ag zoning and one parcel with an SUP for a recreational facility. The closest structure to the property within the 500 foot radius is to the south on parcel 071119000006 with described occupancy Single Family Residential on Ag . See Exhibit A - Radius Map and Property Owner List Describe the surrounding land uses of the site and how the proposed use is compatible with them. The Project will be contained within one parcel and will not encroach on any surrounding properties. The SEF is compatible with surrounding land uses as many of the surrounding properties are zoned Agricultural with one approved Use by Special Review permit immediately adjacent to the parcel. Staying in line with Agricultural use, during operations there will be extremely low traffic impact, lighting and noise levels. Describe the hours and days of operation (i.e., Monday through Friday 8:00 a.m. to 5:00 p.m.). During the Operation period, the Project will be operated and monitored 24 hours a day, 7 days a week, almost entirely from a remote location, apart from periodic site visits for routine preventative maintenance and inspections conducted by qualified Operations & Maintenance (O&M) personnel. Describe the number of employees including full-time, part-time and contractors. If shift work is proposed, detail number of employees, schedule and duration of shifts. - Moody During the operation phase there will be no full or part-time active employees on site. The site will be monitored remotely full-time. During the construction phase, Reactivate will employ a combination of full-time staff and specialized contractors for this solar installation project. Our workforce will consist of skilled technicians, electricians, project managers, and support personnel. The exact number of on -site workers will vary widely on any given day with a maximum of 85 workers depending on the project phase, system size, schedule, and contractor. We operate on a single -shift schedule, with work hours typically from 7 AM to 5 PM, Monday through Friday. Weekend work may occasionally be necessary to meet project deadlines or to perform specific tasks that minimize disruption to the property's regular operations. The number of the workforce size adjusting based on the phase of installation. We do not anticipate the need for night shifts or extended hours beyond our standard schedule. Our staffing approach ensures we have the right expertise on -site while maintaining efficiency throughout the project lifecycle. Describe the maximum number of users, patrons, members, buyers or other visitors that the site will accommodate at any one time. The facility will have no full or part-time on -site users, patrons, members, buyers, or other visitors. Maintenance may be present as required during operations. List the types and maximum numbers of animals to be on the site at any one time (for dairies, livestock, confinement operations, kennels, etc.). Reactivate does not anticipate animals to be kept on site but is evaluating potential partnerships with local agrivoltaics and grazing opportunities. List the types and number of operating and processing equipment. The Community Solar Energy Facility depicted in Exhibit B will consist of the following: • A fenced 30 acre (approximately) project area. • Proposed access road • Utility Point of Interconnection at approximate latitude/longitude coordinates: 40.565354252773254, -104.60130685418352 • Approximately 10,000 solar panels & 30 inverters. • Ancillary pad -mounted equipment including but not limited to switchgears, transformers, inverters, etc. List the types, number and uses of the existing and proposed structures. Currently on site there are 14 different structures listed as following: Single Family Residential on Ag, several utility buildings, cattle shed, chicken coop, a sheep shed, and an equipment building. There is an existing producing oil well on the southwest corner of the site operated by Noble Energy, Inc. The proposed structures on site are Solar panels supported by piles and pad mounted electrical equipment to operate the facility. Describe the size of any stockpile, storage or waste areas. During operations no stockpiles, storage or waste area will be on site. Any materials for construction will be staged and contained within the site boundaries. Describe the method and time schedule of removal or disposal of debris, junk and other wastes associated with the proposed use. Reactivate will manage waste responsibly throughout the solar installation process. Construction debris, junk, and other waste will be collected daily; we'll use appropriate containers to store waste safely. Removal will occur as needed to prevent accumulation. Upon project completion, we'll conduct a thorough site cleanup. This waste management approach will be implemented for the duration of construction, concluding with a final site inspection to ensure all waste has been properly removed and disposed of. Include a timetable showing the periods of time required for the construction of the operation. Pending USR approval from Weld County and final interconnection approval from Xcel Energy, Reactivate CO Development LLC anticipated to begin construction in Q3, 2025. The entire construction period is typically 9 -12 months. The operation lifetime of the Project is 35 years to 45 years. Construction Phase Q3 2025 to Q3 2026 Interconnection/ Facilities construction Q4 2025 Startup and commissioning Q1 2026 Project closeout and Documentation Q2 2026 to Q3 2026 Describe the proposed and existing lot surface type and the square footage of each type (i.e. asphalt, gravel, landscaping, dirt, grass, buildings). All lot surface types within the project area are native grasses. In the area where structures exist there is some concrete as well as caliche for roads. The areas affected by construction will be reseeded with recommended native plants. How many parking spaces are proposed? How many handicap -accessible parking spaces are proposed? No parking spaces are being proposed for the project as there will be no need for parking beyond construction activities. Any maintenance vehicles will be able to use the gravel that is part of the SEF yard for parking. Describe the existing and proposed fencing and screening for the site including all parking and outdoor storage areas. Any existing fencing that is impacted by construction and no longer necessary is expected to be minimal. If impacted, it will be removed in coordination with landowner. Fencing shall be placed around the perimeter and shall be 6' feet tall chain link fence with 1' foot barb wire or 7' feet deer fence as directed by Reactivate depending on the risk of deer entrapment. Fencing shall be set at least 5' away from any drainage conveyance ditches and shall not cross or block drainage conveyances. If drainage ditch crosses are unavoidable, a storm drainage pipe shall be placed at the fence crossing location. Fencing shall be a minimum of 10' feet from any roadway and 20' feet from all solar equipment, unless otherwise mutually determined by weld County and Reactivate. Describe the existing and proposed landscaping for the site. The existing vegetation will be stripped and cleared in preparation for the solar construction farm. This can include trees, plants, rocks, brush, stumps, and anything of obstruction prior to construction. Reactivate will have plans for vegetation management including a seed mix, planting requirements, and schedule to stabilize the site in accordance with local or state ordinance requirements. Reactivate understands any residences or residential lot lines within 500 feet of the project boundary may need additional planning and will work with the county on such plans. Describe reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. Reactivate has a standard Decommissioning Plan that addresses the requirements of Weld County Charter and County Code Sec. 23-4-1030. - Solar energy facility (B)(4). This plan is in place to ensure proper reclamation upon cessation of operations. Describe the proposed fire protection measures. According to the local Weld County fire district maps, the property is in the Galeton Fire Protection District. Perimeter access is provided around the project site that should allow proper access for fire apparatus during an emergency. Overgrowth will be properly maintained with consideration to spread of wildfires. Reactivate will work closely with the district to ensure proper fire protection measures are taken. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. Reactivates proposal for the community solar facility located in Weld County is consistent with chapter 22 of the Weld County Code as it aligns with many of the goals and objectives such as the natural resource goals and objectives. The proposal will minimize its impact on surrounding land and the existing surrounding land uses while preserving vistas with its low -profile structures. The community solar facility would only reserve 30 acres of the 73 acre parcel for energy development. The facility would have no known limiting site factors as they relate to wetlands and critical habitats. All adjacent areas to the project site would remain unaffected and not impede land uses outside of the project area. Explain how this proposal is consistent with the intent of the zone district in which it is located. (Intent statements can be found at the beginning of each zone district section in Article III of Chapter 23 of the Weld County Code.) Per Article III of Chapter 23 of the Weld County Code, agriculture in the County is considered a valuable resource. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development without the interference of other, incompatible land uses. The intent of the "Agricultural" Zone District explicitly includes "natural resource extraction" and "energy development." With the proposed site in an Ag (A) zoned location, the applicant's intent is to submit for a Use by Special Review permit. This process allows for evaluation by County staff, board, and commissions. SEFs do not permanently occupy or contaminate the land, allowing landowners to revert to agricultural uses after the 35-45 year SEF lifecycle if they choose. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. The project area does not fall into any other master plans and is only subject to requirements for Weld County. Much of the surrounding area is currently agricultural and is likely to remain so as Weld County is one of the most productive agricultural counties in the United States. Solar development is highly compatible with surrounding farming, ranching, and oil/gas activities, offering a viable alternative for land use. Solar energy can also serve as a crucial power source for agricultural production in the region. Once the solar facility is no longer economically viable, the land can easily be reverted to its original agricultural use. Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. The Project will be contained within one parcel and will not encroach on any surrounding properties with the entire project meeting fencing requirements for Weld County. The Project is compatible with surrounding land uses as many of the surrounding properties have similar zoning with other USR's in the area. During operations there will be extremely low traffic impact, lighting and noise levels. The burden to County resources such as water, sewer, police, fire, schools, library and road maintenance are expected to be extremely low and therefore would not inhibit the health, safety and welfare of the inhabitants of the neighborhood and the County. The Project will not require any permanent water or sewer infrastructure. The Project may also offer a renewable energy choice and potential cost savings to residents and businesses. Describe any irrigation features. If the proposed use is to be located in the A (Agricultural) Zone District, explain your efforts to conserve prime agricultural land in the locational decision for the proposed use. This parcel has not been irrigated by the property owner since owning the property and no irrigation features exist on the site. This site is not designated as prime farmland. The project area is not used for any agricultural purposes at this time, only grazing for overgrowth. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay Districts) or a Special Flood Hazard Area identified by maps officially adopted by the County. The proposal is not located within any Overlay Zoning District or Special Flood Hazard Areas. Detail known State or Federal permits required for your proposed use(s) and the status of each permit. Provide a copy of any application or permit. At this time, the only other known permits are ministerial in nature including the Access Permit, Building Permit, and stormwater permit. Reactivate understands additional Weld county permitting may be required and will be discussed in pre -application meetings. Prior to construction, Reactivate will work with Weld County on the Access, Building, and any other required permits and Colorado Department of Public Health and Environment to obtain a General Permit for Storm Water. Exhibits A. Radius Map and Property Owner List EXHIBIT A Weld 49 Boundary Map +++ • +:++ Reactivate ++4. A B C D E F G H Owner lot size (acre) Street Address (Mailing Address) City (Mailing Address) State (Mauling Address) Zip (Mailing Address) County (Parcel) APN/PIN HUNTER RIDGE DAIRY LIP 239,34 39301 COUNTY ROAD 49 EATON CO 80515-9414 Weld 074913000017 MENDIOLA JUAN PABLO GOMEZ 73.87 38876 COUNTY ROAD 49 EATON CO 80515-9401 Weld 071119000023 BOWMAN DANA A 72,54 30088 COUNTY ROAD 108 AULT CO 80510-9204 Weld 07111800009 FORTENBERRY CUNT M 36.9 38688 COUNTY ROAD 49 EATON CO 80615-9401 Weld 071119000006 WELD COUNTY FISH AND WILD I_ 78.85 PO BOK 730 EATON CO 80615-0730 Weld 071118000003 WELD COUNTY FISH & WILD LIFE 128,115 PO BOX 730 EATON W 80615-0730 Weld 071119000002 HUNTER RIDGE DAIRY LLP 160.78 39301 COUNTY ROAD 49 EATON CO 80615-9414 Weld: 074924000010 ♦ ♦ ♦ +:+:+ Reactivate #t♦ An I nvenergy Co rrt pa n y Public Works/Development Review Questionnaire 1. Describe the access location and applicable use types (i.e., agricultural, residential, commercial/industrial, and/or oil and gas) of all existing and proposed accesses to the parcel. Include the approximate distance each access is (or will be if proposed) from an intersecting county road. State that no existing access is present or that no new access is proposed, if applicable. Proposed access is located on the northwest corner of the project parcel. The access comes from County Road 49 and is approximately 1 mile south of State Highway 14. The new access point is to be utilized for operations of a commercial solar energy facility. There are three other access points onto this parcel including an access point for the current landowner and two access points for use and service of an existing producing oil well. The closest on -site access point to Reactivate's proposed access is approximately 930 feet south. 2. Describe any anticipated change(s) to an existing access, if applicable. No changes to existing access are proposed. 3. Describe in detail any existing or proposed access gate including its location. Access gate details are provided within the Draft USR Map portion of the USR application. 4. Describe the location of all existing accesses on adjacent parcels and on parcels located on the opposite side of the road. Include the approximate distance each access is from an intersecting county road. To the north on Parcel: 071118000009, there is one existing access point that appears to allow access to a residence. To the immediate south on Parcel: 071119000006 there are two access points that appear to allow access to the existing residence. The closest cross street is State Highway 14 which lies at a minimum 1 mile north of all stated access points. 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. County road 49 is flat and straight with open lines of site. No speed limits were able to be found on the road, but it is a dirt road that isn't planned for higher speeds. There should be no issues with access lines of site. 6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.) in the vicinity of an existing or proposed access. N/A 7. Describe the topography (using terms like flat, slight hills, steep hills, etc.) of the road in the vicinity of an existing or proposed access. The road is predominantly flat and unpaved with little variation in topography. #♦♦ #'♦•♦ Reactivate #♦# An iI v Ibergy C;ot7lpc1np Environmental Health Questionnaire 1. Discuss the existing and proposed potable water source. If utilizing a drinking water well, include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing a public water tap, include a letter from the Water District, a tap or meter number, or a copy of the water bill. a. There is no plan to install a permanent water supply as this will be an unmanned and automated facility during operations. However, during the construction phase, the contractor will ensure that the work crew has access to safe drinking water to meet their hydration needs throughout the duration of the project 2. Discuss the existing and proposed sewage disposal system. What type of sewage disposal system is on the property? If utilizing an existing on -site wastewater treatment system, provide the on -site wastewater treatment permit number. (If there is no on -site wastewater treatment permit due to the age of the existing on -site wastewater treatment system, apply for an on -site wastewater treatment permit through the Department of Public Health and Environment prior to submitting this application.) If a new on -site wastewater treatment system will be installed, please state "°a new on -site wastewater treatment system is proposed." (only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy.) a. No on -site sewer system is required for this facility. However, During the construction phase, the contractor will provide a portable toilet for the construction crew. 3. If storage or warehousing is proposed, what type of items will be stored? a. Spare parts for operations & maintenance are stored on -site in a conex box. 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. a. N/A - There will be no storage for any of the above for this project. 5. If there will be fuel storage on site, indicate the gallons and the secondary containment. State the number of tanks and gallons per tank. a. N/A- No fuel storage at this facility. 6. If there will be washing of vehicles or equipment on site, indicate how the wash water will be contained. a. No washing of vehicle or equipment will occur at this site. Entrance to site shall be equipped with the required construction entrance to prevent sediment leaving the site by way of construction traffic. 7. If there will be floor drains, indicate how the fluids will be contained. a. N/A- there will be no floor drains at this facility. #♦♦ #'♦•♦ Reactivate #♦# 8. Indicate if there will be any air emissions (e.g. painting, oil storage, etc.). a. N/A- there will be no air emissions produced from this facility. 9. Provide a design and operations plan if applicable (e.g. composting, landfills, etc.). a. N/A- there will be no composting or landfill at this location. 10. Provide a nuisance management plan if applicable (e.g. dairies, feedlots, etc.). a. NSA- does not apply to this facility. 11. Additional information may be requested depending on type of land use requested. Docusign Envelope ID: E2AD99DB-C727-4729-83BA-FCD5825684BD +++ +:+:+ Reactivate +++ An I nvenergy Co rrt pa n y Decommissioning Plan Owner Signature and Acknowledgement Per Weld County requirements for decommissioning, the signature below serves as acknowledgement that the property owner has received a copy of the proposed plan. DacuSigned by: L B . Juan Pablo Gomez Mendiola y: 57DA7453A1 F3472... Juan Pablo Gomez Mendiola Reactivate An lnvenerg'Y Company Decommissioning Plan 1. Introduction: This Decommissioning Plan (Plan) provides a description of the decommissioning and restoration phase of the Project. This Plan includes an overview of the primary decommissioning Project activities, including the dismantling and removal of facilities, and subsequent restoration of land. 1.1 Solar Farm Components The main components of the Project include: • Solar modules and associated above ground cabling • Tracking system and steel piles • Inverters • Transformer stations • Site access and internal roads • Perimeter fencing • Below ground electrical and foundation 1.2 Triggering Events and Expected Lifetime of Project Decommissioning of the Project may be triggered by events such as the end of a power purchase agreements of when the Project reaches the end of its operational life. If properly maintained, the expected lifetime of a utility- or community -scale solar facility is 30 years or longer, with equipment replacement and repowering. Depending on market conditions and project viability, solar arrays may be retrofitted with updated components (e.g., panels, tracking system, etc.) to extend the life of a project. In the event that the modules are not retrofitted, or at the end of the Project's useful life, the panels and associated components will be decommissioned and removed from the Project site. The value of the individual components of the solar facility will vary with time. In general, the highest component value would be expected at the time of construction with declining value over the life of the Project. Over most of the life of the Project, components such as the solar panels could be sold in the wholesale market for reuse or refurbishment. As efficiency and power production of the panels decrease due to aging and/or weathering, the resale value will decline accordingly. Secondary markets for used solar components include other utility scale solar facilities with similar designs that may require replacement equipment due to damage or normal wear over time; or other buyers (e.g., developers, consumers) that are willing to accept a slightly lower power output in return for a significantly lower price point when compared to new equipment. Components of the solar facility that have resale value maybe sold in the wholesale market. Components with no wholesale value will be salvaged and sold as scrap for recycling or disposed of at an approved offsite licensed solid waste disposal facility (landfill). Decommissioning activities will include removal of the arrays and associated components. 1.3 Decommissioning Sequence 1 �� Reactivate An lnvenergy Company Decommissioning activities are expected to begin within 6 months of the Project abandonment or ceasing operation and will be completed within approximately 12 months from the end of the Project's useful life. Monitoring and site restoration may extend beyond this period to ensure successful revegetation and rehabilitation. The anticipated sequence of decommissioning and removal is described below; however, overlap of activities is expected. • Reinforce access roads, if needed, and prepare site for component removal • Install temporary fencing and erosion control best management practices (BMPs) to protect sensitive resources • De -energize solar arrays • Dismantle panels and above ground wiring • Remove module trackers and piles • Remove inverters • Remove transformer and foundation • Remove switchgear equipment and foundation • Remove access road and complete minor grading as required to re-establish overall drainage patterns similar to pre -development conditions • De -compact subsoils (if required), restore and revegetate disturbed land per the Landscape Plan (Figure 1) to allow for pre -construction land use to the extent practicable • Remove BMPs and Project perimeter fencing 2. Project Components and Decommissioning Activities The solar facility components and decommissioning activities necessary to restore the Project area, as near as practicable, to pre -construction conditions are described within this section. Above ground facilities, such as modules, trackers, foundations, steel piles, electrical cabling and conduit will be removed from the site. Electrical cabling greater than 60 inches in depth may be abandoned in place. The access road may be left in place if requested and/or agreed to by the landowner. Public roads damaged or modified during the decommissioning and reclamation process will be repaired to the pre decommissioning condition. Most of the materials have salvage value, although there are some components that will likely have none at the time of decommissioning. All recyclable materials, salvaged and non -salvage, will be recycled to the extent possible. All other non -recyclable waste materials will be disposed of in accordance with state and federal law in a licensed solid waste facility. 3. Land Use and Environment 3.1 Land Use Land use prior to proposed development is primarily agricultural. The areas of the Project that have been disturbed will be restored, as near as practicable, to their pre -construction condition and allow for similar land use. Topsoil, reserved during construction and stored in Reactivate An lnvenerg'Y Company long-term berms, will be used if available and supplemented with comparable soils. Restored areas will be revegetated in compliance with regulations in place at the time of decommissioning. 3.2 Restoration and Revegetation Portions of the Project site that have been excavated and backfilled will be restored, as near as practicable, to pre -construction conditions. Soils compacted during de -construction activities will be de -compacted, as necessary, to restore the land to a condition suitable for pre - construction land use. Top soil will be placed on disturbed areas, as needed, and seeded with appropriate vegetation in coordination with landowners. 3.3 Surface Water Drainage and Control Surface water conditions at the Project site will be reassessed prior to the decommissioning phase. Reactivate will obtain the required water quality permits as needed, prior to decommissioning the Project. Required construction stormwater permits will also be obtained. Erosion control best management practices may include, but not limited to: improved construction entrances, temporary seeding, permanent seeding, mulching (in non-agricultural areas), erosion control matting, silt fence, filter berms, and filter socks. 3.4 Major Equipment Required for Decommissioning The activities involved in decommissioning the Project include removal of the Project components, as previously described. Restoration activities include back -filling of pile and foundation sites; de -compaction of subsoils; grading of surfaces to pre -construction land contours and revegetation of the disturbed areas. Equipment required for the decommissioning activities is similar to what is needed to construct the solar facility and may include, but is not limited to: small cranes, low ground pressure (LGP) track mounted excavators, backhoes, LGP track bulldozers and dump trucks, front-end loaders, deep rippers, water trucks, disc plows and tractors to restore subgrade conditions, and ancillary equipment. Standard dump trucks may be used to transport materials removed from the site to disposal facilities and to import clean fill and topsoil, if necessary. 3 +.+•-t Reactivate ++, Stormwater and Drainage Study Narrative 1. The exception being requested for consideration. a. Drainage requirements per Sec. 23-4-1030. Solar energy facilities are not subject to these requirements because this project qualifies for an exception cited in Weld County Code Section 23-4-1030.B.1. (A&B soils). 2. Any existing and proposed improvements to the property. a. Currently on site there are 14 different structures listed as following: Single Family Residential on Ag, several utility buildings, cattle shed, chicken coop, a sheep shed, and an equipment building. There is an existing producing oil well on the southwest corner of the site operated by Noble Energy, Inc. b. Proposed improvements on the property consist of a 30 acre, 4.95MW Community Solar Energy Facility (SU). 3. Where the water originates if it flows onto the property from an off -site source. This site is characterized as being nearly level, with an average slope of less than 2°. In evaluating the slope aspect of the property, water is unlikely to originate from an offsite source and flow across the site. 4. Where the water flows as it leaves the property. Given the sites generally flat characteristics, it is expected that water will only flow across the property during extreme precipitation events. The site will naturally drain from the northwest in an easterly/southeasterly direction. We expect that runoff from the property will be low, except in cases of extreme precipitation that exceed the soil's capacity to store moisture. There will be no increase in runoff from the improved solar energy facility. 5. The direction of flow across the property. Except in cases of extreme precipitation, it is expected that the majority of precipitation on the site will percolate and be stored in the soil. Where the capacity for soil moisture storage is exceeded, water will generally flow from northwest to southeast across the property and following natural runoff patterns. 6. Previous drainage problems with the property, if any. Reactivate is not aware of any previous drainage problems on the property. 7. The location of any irrigation facilities adjacent to or near the property. Well 0376363 is located in the west vicinity of the parcel with no other wells in the immediate area S. Any additional information pertinent to the development. Parcel is located in an area of minimal flood hazard via FEMA FIRMette. ♦♦♦ ♦.♦.+ Reactivate #♦♦ An Invenergy Company Dust and Weed Mitigation Plan To minimize dust and debris during the construction process, stormwater best management practices will be implemented. The construction team is responsible for managing dust control and will select the appropriate methods based on the specific site and weather conditions: 1. Dust Mitigation 1.1 Construction Phase Dust Control: • The site foreman will monitor dust control efforts regularly. • Water spray will be applied as needed to unpaved areas during dry weather, taking care not to overapply and create mud. • Vehicle tracking devices will be installed at truck exit drives, as per Weld County requirements. • Vehicles on site during construction will limit speeds to 15 mph or less to minimize dust emissions. 1.2 Operational Phase Dust Control: • Once construction is complete, the majority of the site will be revegetated, significantly reducing dust potential. • Any remaining unpaved areas used for maintenance access will be monitored and treated with water spray as needed during dry conditions. 2. Weed Mitigation The following describes general weed mitigation measures that will be taken during construction and operations of the facility. A more detailed Weed Management Plan will be developed as part of the final construction process. 2.1 Noxious Weed Management Program: • Regular inspections will be conducted at the beginning, middle, and end of the growing season to evaluate weed presence, degree of invasion, and treatment effectiveness. • Once project has been turned over to operations, the operations staff will have further developed the weed management plan at that time and will ensure proper implementation. 2.2 Weed Prevention Measures: • Equipment will be thoroughly cleaned before entering the project area. #♦♦ #'♦•♦ Reactivate #♦# An iI v Ibergy C;ot7lpc1np • Seed mixtures for revegetation will be certified weed free. • Any mulch materials used will be certified weed -free. • Periodic inspections will identify and address new weed infestations promptly. • Coordination with adjacent landowners on weed management efforts will be pursued. 2.3 Integrated Weed Management (IWM) Approach: The following methods will be considered and implemented as appropriate: a) Cultural Control: • Prompt revegetation of disturbed areas with native or desirable plant species. • Minimizing unnecessary disturbance through precise planning of construction and other activities. b) Mechanical Control: • Methods such as mowing, pulling, disking, or plowing may be used where effective. • Timing of mechanical control will be optimized to disrupt weed growth and seed development. c) Biological Control: • Introduction of insects or other biological agents known to inhibit weed reproduction may be considered. • If used, biological control methods will be coordinated with the Colorado Department of Agricultural Insectary. d) Chemical Control: • Appropriate herbicides will be applied by licensed applicators in accordance with manufacturer labels and Colorado laws. • Herbicide selection will consider environmental factors, non -target species protection, and prevention of herbicide resistance. 2.4 Monitoring and Follow-up: • Weed management efforts will be carried out over multiple growing seasons as needed. • Documentation of control efforts and their effectiveness will be maintained. • The weed management plan will be modified as needed based on changing site conditions and treatment results. i Reactivate An Invenergy Company Landscape and Screening Plan All lot surface types within the project area (30 acres) are native grasses and alfalfa for grazing. No structures are within the project boundaries and the project site is outside of the required 500 -foot setback from residential properties with the nearest residential property located more than lA mile away (no landscape buffer required). Any portable facilities used during construction of the Solar Energy Facility will be screened per county requirements. Any existing fencing that is impacted by construction and no longer necessary is expected to be minimal. If impacted, it will be removed in coordination with landowner. Fencing shall be placed around the perimeter and shall be 6' feet tall chain link fence with 1' foot barb wire or 7' feet deer fence as directed by Reactivate depending on the risk of deer entrapment. Fencing shall be set at least 5' away from any drainage conveyance ditches and shall not cross or block drainage conveyances. If drainage ditch crosses are unavoidable, a storm drainage pipe shall be placed at the fence crossing location. Fencing shall be a minimum of 10' feet from any roadway and 20' feet from all solar equipment, unless otherwise mutually determined by Weld County and Reactivate. Reactivate will implement a combination of the native seed mix for the entire project boundary proposed below: Recommended Seed Mixes Recommended temporary and permanent seed mixes were developed with the Project site's elevation, hydrology, soils, occurrence in Weld County, and known vendor availability. Temporary Seed Mix The recommended temporary seed mix (Table 1-1) includes species that are native and/or sterile, establish quickly, and have root structures suitable for erosion control. The temporary seed mix shall be used on soil stockpiles and any area that will not be disturbed for 60 days or more. Contractor shall follow PLS application rates outlined by the seed vendor. Table 1-1. Temporary seed mix. 1 i Reactivate An Invenergy Company Scientific Name Common Name Cultivar Grazing Value Season Growth Habit Mix *Regreen Quickguard OR NA Bunchgrass 20 Buchloe dactyloides Buffalograss Cody High Warm Rhizomatous 20 Bouteloua gracilis Blue grams Lovington or Hachita High Warm Bunchgrass 15 Distichlis spicata Saltgrass Colorado Ecotype Medium Warm Rhizomatous 15 Elymus trachycaulus Slender wheatgrass Pryor or San Luis High Cool Rhizomatous 15 Pleuraphis jamesii James' galleta Viva High Warm Rhizomatous 15 Total: 100 *Use either Regreen or Quickguard, both have the same cover crop function. Permanent Seed Mix The recommended permanent seed mix (Table 1-2) includes species with multiple life history traits (i.e., perennial vs annual, grass vs forb) to increase biodiversity in the area. The height of plants at maturity was also considered and limited to 2 feet to limit interference with solar array infrastructure. Contractor shall follow PLS application rates outlined by the seed vendor. Table 1-2. Permanent seed mix. Scientific Name Common Name Cultivar Grazing Value Life History Mix *Regreen Quickguard OR NA Sterile cover crop 10 Bouteloua curtipendula Sideoats grams Niner High Native perennial grass 10 Bouteloua gracilis Blue grama Lovington or Hachita High Native perennial grass 10 Buchloe dactyloides Buffalograss Cody High Native perennial grass 10 Distichlis spicata Clover saltgrass Colorado Ecotype Medium Native perennial grass 10 Elymus elymoides Squirreltail Pueblo or Wapiti Medium Native perennial grass 10 Pleuraphis jamesii James' galleta Viva High Native perennial grass 10 Achnatherum hymenoides Indian ricegrass Paloma, Rimrock, River or White High Native perennial grass 10 Nordeum pusillum Little barley Colorado Ecotype Low Native annual grass 10 Artemisia frigida Prairie sagewort Colorado Ecotype Medium Native perennial forb 4 Vicia americana American vetch Colorado Ecotype Medium Native perennial forb 2 Adenolinum lewisii Lewis flax Maple Grove NA Native perennial forb 1 Erigeron eatonii Eaton's fleabane Colorado Ecotype NA Native perennial forb 1 Rudbeckia hirta Black-eyed susan Colorado Ecotype Low Native biannual forb 1 Sphaeralcea coccinea Scarlett globemallow Colorado Ecotype Low Native perennial forb 1 *Use either Regreen or Quickguard, both have the same cover crop function 2 ♦♦♦ ♦.♦.+ Reactivate #♦♦ An MI/energy Company Noise Narrative During operations there will be extremely low noise levels. The nearest occupied property is approximately 1/4 mile from the project site. Noise levels of noise -emitting equipment used during operations can be found below. • Example: Three-phase pad -mounted compartmental type transformer noise profile (Eaton Power Cooper Power Series) Table 4:o Audible Sound Levels i EMIA0 TR-1 Average SOifIed, TWO Winding k'' A Ding Decibels ildB) 45-500 55 501-700 57 701-1000 58 1001-1500 50 1501-2000 51 2001-2500 52 2501-3000 53 3001-000 54 4001-50D3 55 5001-6000 55 ►5001-x'500 57 x'501-10000 58 **Note noise levels are measured at direct source of sound • SUNNY HIGHPOWER PEAK3 Inverter (**Note noise levels are measured at direct source of sound) o Audible noise emission (full power @ 1m and 25°C) < 69 dB(A) Construction activity over the course of the Project would include multiple sources of noise pollution. Construction activity would occur over the construction schedule and would comply with Weld County noise regulations. Noise pollution would vary throughout construction due to different construction activities and equipment being used. Generally, sound decreases in proportion with the square of the distance from its source. Taking this into consideration, noise pollution levels should decrease by approximately 6.0 dBA for every doubling of distance from the construction sites (U.S. Department of Transportation 2017). Overall, noise pollution levels should be within the Weld County ordinance limits during operations. Sound from a PV array is directly related to the intensity of the solar insolation. #♦♦ #'♦•♦ Reactivate #♦# An inv,:nergy Company More sunshine results in more sound from PV inverters and other equipment, while less sunshine results in less sound. After sunset, no solar electricity will be generated when no power is produced. The BESS would produce low levels of noise beyond the limits of the Project area . Inverters and substation equipment would also produce low noise levels after dark. An adequate buffer distance has been incorporated into the Project design to minimize noise effects on adjacent land uses. #♦♦ #'♦•♦ Reactivate #♦# An Inv nergy Connpony Traffic Narrative 1. Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups, Tandem The construction phase of the Reactivate Dev Co Solar Project is expected to generate the following vehicle trips: • Material and Equipment Delivery (approximately 4 weeks): o Maximum: 24 vehicle trips per day o Average: 16 vehicle trips per day o Vehicle types: Conex container trucks, delivery trucks, and equipment hauling trucks. Most materials and equipment to be delivered on a flatbed trailer, lowboy trailer, and 50+ ft trailer. o Estimated gross vehicle weight: 20,000 to 50,0001bs • Solar Facility Installation (4-6 months): o Maximum: 28 vehicle trips per day o Average: 20 vehicle trips per day o Vehicle types: Passenger vehicles, fuel trucks, and material delivery trucks o Estimated gross vehicle weight: 2,000 to 30,0001bs • Heavy Vehicle Traffic: o Most heavy truck traffic will occur between 8:00 AM and 4:30 PM. o Heavy vehicles will primarily be present during the material and equipment delivery phases. • Peak Hour Impacts: o Project -related traffic is not expected to significantly impact AM and PM peak traffic periods. 2. Describe the expected travel routes or haul routes for site traffic. All construction traffic will travel along Weld County Rd 49 and will be entering the site at the provided construction entrance proposed on the southeast corner of the site. 3. Describe the travel distribution along the routes • Traffic Volume: The construction phase will temporarily increase local traffic, with a maximum of 28 vehicle trips per day during the solar facility installation period. • Road Conditions: Based on the anticipated vehicle types and weights, the project is not expected to cause significant degradation or damage to local roads. • Traffic Flow: The construction of the project should not negatively impact the overall transportation pattern in the area. • Road Improvements: No improvements to local or state roads are anticipated to be required to accommodate the construction traffic. ♦♦+ +.+.# Reactivate t♦# • Peak Hour Traffic: Construction -related traffic is not expected to significantly impact AM and PM peak traffic periods. • Mitigation Measures: Reactivate commits to implementing the following measures to minimize transportation impacts during construction: • Scheduling heavy truck deliveries outside of peak traffic hours when possible. • Using designated travel routes to minimize impact on local traffic. • Implementing a traffic management plan if required by local authorities. • Conducting regular inspections of affected roadways and repairing any damage attributed to project construction vehicles. • Providing advance notice to local residents about periods of increased construction traffic. 4. Describe the time of day that you expect the highest traffic volumes • 8:00 am thru 4:30 pm Reference - Ordinance Requirements: Traffic Narrative: 1. Describe how. many roundtripsiday are expected for each vehicle type: PassengerCars/Pickups, Tandem Tracks,Semi-Truck/Trailer/RV (Roundtrip = One (1) trip in and One (1) trip out of site). 2. Describe the expected travel routes or haul routes for site traffic. 3: Describe the travel distribution along the routes (e,g. 50% of traffic will come from the north, 20% from the south, .30% from the east, etc.). 4. Describe the time of day that you expect the highest traffic volumes. Public Works will review the Traffic Narrative and advise the applicant if more information or an engineered traffic: impact study is required. Docusign Envelope ID: A5282799-247D-4401-87EF-2705E47AC75A Assignment and Assumption Agreement This ASSIGNMENT 2AND ASSUMPTION AGREEMENT (this "Agreement") is entered into as of (the "Effective Date") by and among Reactivate CO Development LLC, a Delaware limited liability company ("Assignor") and RDC CO Weld County Rd 49 LLC, a Delaware limited liability company ("Assignee"). Assignor and Assignee are referred to collectively herein as the "Parties." WITNESSETH: WHEREAS, Assignor is party to certain real property agreements entered into for the purpose of securing certain real property rights (collectively the "Site Control Documents") for the development of a renewable energy generation project. A list of said Site Control Documents is attached as Exhibit A and a copy of each such Site Control Document is attached hereto in Exhibit B; and WHEREAS, Assignee is a special purpose entity organized for the purpose of developing the Project; and WHEREAS, the Parties mutually desire (a) that Assignor assign all of its right, title and interest in, under and to each of the Site Control Documents to Assignee, and (b) that Assignee assume all of Assignor's obligations under each of the Site Control Documents, all on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants contained herein the Parties agree as follows: 1. Assignment and Assumption. a. Effective as of the Effective Date, Assignor hereby assigns, transfers and sets over unto Assignee all of Assignor's right, title and interest in, under and to each of the Site Control Documents. b. Assignee hereby accepts the foregoing assignment and hereby agrees to perform all of the terms and conditions of each of the Site Control Documents to be performed on the part of Assignor and assumes all of the liabilities and obligations of Assignor under each of the Site Control Documents, arising or accruing on or after the Effective Date, including, without limitation, liability for the payment of rent and for the due performance of all the terms, covenants and conditions of the Assignor pursuant to each of the Site Control Documents. 2. Indemnity. a. Assignor shall indemnify and hold Assignee harmless from any claim, liability, cost or expense (including without limitation reasonable attorneys' fees and costs) arising out of any obligations or liability under each of the Site Control Documents arising before the Effective Date hereof. Docusign Envelope ID: A5282799-247D-4401-87EF-2705E47AC75A b. Assignee shall indemnify and hold Assignor harmless from any claim, liability, cost or expense (including without limitation reasonable attorneys' fees and costs) arising out of any obligations or liability under each of the Site Control Documents arising on or after the Effective Date hereof. 3. Representations and Warranties. Assignor hereby represents and warrants to Assignee (a) that it has full power and authority to assign its rights under the Site Control Documents to Assignee, (b) that each of the Site Control Documents is in full force and effect and has not been modified or amended in any manner whatsoever except as otherwise set forth in Exhibit A, and all right, title and interest of Assignor in and to each of the Site Control Documents is free and clear of any and all claims, liens and encumbrances. 4. Miscellaneous. a. Headings. The section headings used herein are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. b. Governing law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to conflicts of law principles. c. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. d. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective transferees, successors and assigns. Assignor and Assignee each agree to execute and deliver such other and further documents as may be necessary to transfer, assign, convey and deliver the Site Control Documents and to otherwise accomplish the purposes and intent of this Assignment. Docusign Envelope ID: A5282799-247D-4401-87EF-2705E47AC75A The Parties have executed this Agreement as of the date first above written. ASSIGNOR: Reactivate CO Development LLC by: B c:cuSigned tri& tkiu, } ' cgs-E-484e-Tn 4so... Name: Utopia Hill Title: Manager ASSIGNEE: RDC CO Weld County Rd 49 LLC DocuSigned by: Name: Utopia Hill Title: Manager Docusign Envelope ID: A5282799-247D-4401-87EF-2705E47AC75A EXHIBIT A Description of Site Control Documents 1. Solar and Storage Lease Agreement dated as of 5/24/2024 by and between Reactivate CO Development LLC as Lessee and Juan Pablo Gomez Mendiola as Owner encumbering certain real property located in Weld County, Colorado. Docusign Envelope ID: A5282799-247D-4401-87EF-2705E47AC75A EXHIBIT B Copy of Site Control Documents Attached. Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A Assignment and Assumption Agreement Thio/8SIS2024NMENT AND ASSUMPTION AGREEMENT (this "Agreement") is entered into as of (the "Effective Date") by and among Reactivate CO Development LLC, a Delaware limited liability company ("Assignor") and RDC CO Weld County Rd 49 LLC, a Delaware limited liability company ("Assignee") Assignor and Assignee are referred to collectively herein as the "Parties " WITNESSETH WHEREAS, Assignor is party to certain real property agreements entered into for the purpose of securing certain real property nghts (collectively the "Site Control Documents") for the development of a renewable energy generation project A list of said Site Control Documents is attached as Exhibit A and a copy of each such Site Control Document is attached hereto m Exhibit B, and WHEREAS, Assignee is a special purpose entity organized for the purpose of developing the Project, and WHEREAS, the Parties mutually desire (a) that Assignor assign all of its nght, title and interest in, under and to each of the Site Control Documents to Assignee, and (b) that Assignee assume all of Assignor's obligations under each of the Site Control Documents, all on the terms and conditions heremafter set forth NOW, THEREFORE, in consideration of the mutual covenants contained herein the Parties agree as follows Assignment and Assumption a Effective as of the Effective Date, Assignor hereby assigns, transfers and sets over unto Assignee all of Assignor's nght, title and interest in, under and to each of the Site Control Documents b Assignee hereby accepts the foregoing assignment and hereby agrees to perform all of the terms and conditions of each of the Site Control Documents to be performed on the part of Assignor and assumes all of the liabilities and obligations of Assignor under each of the Site Control Documents, arising or accruing on or after the Effective Date, including, without limitation, liability for the payment of rent and for the due performance of all the terms, covenants and conditions of the Assignor pursuant to each of the Site Control Documents 2 Indemnity a Assignor shall mdemnify and hold Assignee harmless from any claim, liability, cost or expense (mcluding without limitation reasonable attorneys' fees and costs) arising out of any obligations or liability under each of the Site Control Documents ansmg before the Effective Date hereof Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A b Assignee shall indemnify and hold Assignor harmless from any claim, hability, cost or expense (including without limitation reasonable attorneys' fees and costs) ansmg out of any obligations or liability under each of the Site Control Documents ansmg on or after the Effective Date hereof 3 Representations and Warranties Assignor hereby represents and warrants to Assignee (a) that it has full power and authonty to assign its nghts under the Site Control Documents to Assignee, (b) that each of the Site Control Documents is in full force and effect and has not been modified or amended in any manner whatsoever except as otherwise set forth in Exhibit A, and all nght, title and interest of Assignor in and to each of the Site Control Documents is free and clear of any and all claims, hens and encumbrances 4 Miscellaneous a Headings The section headings used herein are mserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement b Governmg law This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to conflicts of law principles c Counterparts This Agreement may be executed m one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument d Bmdmg Effect This Agreement shall be bmdmg upon and inure to the benefit of the parties hereto and their respective transferees, successors and assigns Assignor and Assignee each agree to execute and deliver such other and further documents as may be necessary to transfer, assign, convey and deliver the Site Control Documents and to otherwise accomplish the purposes and intent of this Assignment Docusign Envelope ID: A5282799-247D-4401-87EF-2705E47AC75A The Parties have executed this Agreement as of the date first above written. ASSIGNOR: Reactivate CO Development LLC DocuSigned by: By. 21-tria Kt, CMEE:4ectrl1480 Name: Utopia Hill Title: Manager ASSIGNEE: RDC CO Weld County Rd 49 LLC DocuSigned by: By: Uttritt Aria, rce� 5Ett4tic 11-251ai5u Name: utopia Hill Title: Manager Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A EXHIBIT A Descnption of Site Control Documents 1 Solar and Storage Lease Agreement dated as of 5/24/2024 by and between Reactivate CO Development LLC as Lessee and Juan Pablo Gomez Mendiola as Owner encumbenng certain real property located in Weld County, Colorado Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocuSign Envelope ID CB5F5273-9FCUBDA-88A9-FD4B7CF31967 SOLAR AND STORAGE EASEMENT AGREEMENT Weld County, State of Colorado THIS SOLAR AND STORAGE EASEMENT AGREEMENT (this "Agreement") is made, dated and effective as of the date of the last signature hereto (the "Effective Date"), by and between Juan Pablo Gomez Mendiola, a single man (together with his successors, assigns and heirs, comprismg "Owner"), and Reactivate CO Development LLC, a Delaware limited liability company (together with its transferees, successors and assigns, "Grantee"), and in connection herewith, Owner and Grantee agree, covenant and contract as set forth in this Agreement. Owner and Grantee are sometimes referred to in this Agreement as a `Party" or collectively as the "Parties" 1 Solar and Storage Easement. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Owner and Grantee, upon the terms and conditions set forth in this Agreement, Owner hereby grants and conveys to Grantee an exclusive easement to (i) convert, maintain and capture the flux of solar energy over across and through the surface estate of that certain real property, and/or energy storage, including, but not limited to, the air space thereon, located in Weld County, (the "County"), State of Colorado, as more particularly described m Exhibit A attached hereto and incorporated herem (the "Property") and/or (u) collect, transmit and store electrical energy over, across and through the surface estate of the Property, either and both for the purposes set forth below For purposes of calculating acreage -based payment due under this Agreement, "Net Acre" or "Net Acreage" shall be used, winch means the gross area of the portion of the Property being referred to, including all internal easements and nghts-of-way but excluding any and all penmeter easements and dedicated rights -of -way Net Acreage shall be determined as described in Section 1 5 of this Agreement. 1 1 Purposes of the Easement This Agreement is solely and exclusively for solar energy purposes (as such term is broadly defined, including ancillary rights related thereto and necessary for the development and operation of Solar Facilities and/or Storage Facilities (as defined below)), and not for any other purpose, and Grantee shall have the exclusive nght to develop and use the Property for solar energy purposes and/or energy storage purposes and to derive all profits therefrom, incliidmg but not limited to the following activities (collectively, "Site Activities") (a) Converting solar energy into electrical energy, and collecting and transmitting the electrical energy so converted, (b) Storing electricity and collectmg and transmitting the electncal energy so stored, (c) Determinmg the feasibility of energy storage, solar energy conversion and other power generation on the Property or on adjacent lands, including studies of solar energy enutted upon, over and across the Property and other meteorological data, environmental studies and extracting soil samples; (d) Constructing, laymg down, installing, usmg, replacing, relocating, reconstructing and removing from time to time, and monitoring, maintaining, repairing, modifying and operating the following only for the benefit of the Project or Projects (as defined below) (i) energy collection and electrical storage equipment of any kind (the "Energy Storage Equip ent"), (ii) overhead and underground electrical distribution, collection, transmission and communications lines or cables, electric combiners, inverters, transformers and substations, energy storage facilities, and telecommunications equipment, (iii) roads and crane pads; (iv) control buildings, operations and maintenance facilities and buildings, and (vi) installing, operating, maintaining, repairing and replacing any other improvements, whether accomplished by Grantee or a third party authorized by Grantee, that Grantee reasonably Rev121323 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocuSign Envelope ID CB5F5273-3FC0-46DA-88A9-FD4B7CF31967 determines are necessary, useful or appropnate to accomplish any of the foregoing (all of the above, including the Energy Storage Equipment, collectively "Energy Storage Facilities") (e) Constructing, laying down, installing, usmg, replacing, relocating, reconstructing and removing from time to time, and monitonng, maintaining, repairing and operating the following only for the benefit of the Project or Projects (as defined below) (i) solar energy collection and electrical generating equipment of any kind (mcluding, without limitation, any such equipment utilizing photovoltaic (collectively, "Solar Generating Equipment" and together with the Energy Storage Equipment, the "Equipment'), (ii) overhead and underground electrical distribution, collection, transmission and communications lines or cables, electric combiners, inverters, transformers and substations, energy storage facilities, and telecommumcations equipment; (iii) roads and crane pads; (iv) meteorological measurement equipment, (v) control buildings, operations and maintenance facilities and buildings; and (vi) installing, operating, maintaining, repairing and replacing any other improvements, whether accomplished ,by Grantee or a third party authonzed by Grantee, that Grantee reasonably determines are necessary, useful or appropnate to accomplish any of the foregoing (all of the above, including the Solar Generating Equipment, collectively "Solar Facilities" and together with the Energy Storage Facilities, the "Facilities") (f) The term "Projeet', for the purposes of this Agreement, means either (a) an integrated solar energy generation system, consisting of Solar Facilities, which is constructed and operated on the Property, and/or adjacent lands, by Grantee, or a third party authonzed by Grantee, and/or (b) an integrated battery storage system, consisting of Energy Storage Facilities, which is constructed and operated on the Property, and/or adjacent lands, by Grantee, or a third party authorized by Grantee Grantee may determine whether any particular group of Facilities constitutes a single Project or multiple Projects for purposes of this Agreement, and in the case of multiple Projects, which portion of the Property shall be included withm each Project. 1 2 Other Uses Dunng the Tenn when Grantee construction is about to occur, Owner agrees to provide Grantee with current information concenung the status and location of all other land uses occurring on the Property (including, without limitation, hunting, agncultural use, mdustnal use and oil and gas exploration and production activities and water use). Any new leases or renewals and or extensions of existing leases, options to lease, seismic operations, or any other agreement made by Owner with a third party regarding the Property (including any of the foregomg related to water, oil, gas or other minerals) shall contam language that states that such third party shall not disturb, mterfere with, preclude, or destroy Grantee's nghts hereunder 13 Exclusive Easement. The terms "exclusive easement" and "exclusive right" as used throughout this Agreement shall mean the right to exclude any other party, includmg Owner, from making use of the Property for the nghts and uses descnbed 14 Project Boundary The Property as used herem shall be an area consisting of all or part of the land as shown m Exhibit A Owner acknowledges and agrees that the exact size, shape and location of the area of the Property that will comprise the final "Project Boundary" has not yet been determined, and any maps or depictions which Grantee has shown or will show to Owner (including, without limitation, Exhibit A attached hereto) are approximations only and are subject to change Until the Project Boundary is established, any reference to the Property herein shall be deemed to include the entirety of the Property Grantee shall (1) consult with Owner with respect to the Project Boundary, (2) use good faith efforts to mamtam a contiguous Project Boundary withm each of the parcels that comprises the Property, and (3) take into consideration m good faith any requests of Owner with respect to the Project Boundary and Owner's continued use of the balance of the Property outside of the Project Boundary, including, without limitation, for agricultural purposes After the Project Boundary is established, except for any obligations of Owner or rights of Grantee that apply to the entirety of the Property, any reference to the Property herein shall be deemed to include only the Project Boundary Rev121323 2 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocuSign Envelope ID CB5F5273-9FCo-4BDA-88A9-FD4B7CF31967 15 Survev Prior to the expiration ofthe Construction Tenn, Grantee shall obtain and deliver to Owner an ALTA survey (the "Survey"), which shall set forth and conclusively establish (1) the metes and bounds legal description of the Project Boundary, and (2) the Net Acreage of the Project Boundary. The parties agree that (A) the Project Boundary and Net Acreage set forth in the Survey shall be incorporated mto this Agreement as if fully set forth herein without amendment to this Agreement, and (B) the Net Acreage of the Project Boundary set forth in the Survey shall be the acreage used for purposes of computing Operating Fees Owner acknowledges and agrees that the final Net Acreage of the Project Boundary as established by the Survey may be less than the approximate acreage of the Property If, requested by Grantee, Owner shall provide written consent to the foregoing or an amendment to this Agreement expressly incorporating the Survey into this Agreement as provided in this Section 1 5 For purposes of calculating Operatmg Fees, the "Net Acreage" shall be inclusive of any and all exclusive access and utility easements granted to Grantee as provided herein 2. Grant of Additional Easements 21 Owner hereby grants, conveys and warrants to Grantee the following additional easements upon, over, across and under the Property, and is owned or controlled by Owner, as of the Effective Date (a) Solar Easement. An exclusive "Solar Easement" in the Property to prevent measurable diminishment in output from the Project due to obstruction of the sunlight across the Property Without limitmg the generality of the foregoing, Owner hereby grants and conveys to Company an exclusive easement on, over and across the Property for direct sunhght to any "Solar Energy Device" on the Property, as defined in C R S § 38-32 5-100 3(2), throughout the entire Property to and for the benefit of the area existing horizontally three hundred and sixty degrees (360°) from any point where any Solar Energy Device is or may be located at any time from time to time (each such pomt referred to as a "Site") and for a distance from each Site to the boundaries of the Property, together vertically through all space located above the surface of the Property, that is, one hundred eighty degrees (180°) or such greater number or numbers of degrees as may be necessary to extend from each point on and along a line drawn along the surface from each point along the exterior boundary of the Property through each Site to each point and on and along such line to the opposite exterior boundary of the Property Neither Owner nor any person claiming through or authorized by Owner shall (i) engage m any activity on the Property (whether by planting trees or other vegetation, constructing buildings or other structures, exploitmg or preparmg to exploit the subsurface property rights or otherwise) that obstructs or impairs the availability of sunlight to the Property, or (u) engage m any activity which would cause the mtroduction of excessive dust for continued and prolonged periods of time onto the Property, as more particularly described m Section 9 below, (b) Interference. An exclusive easement for electromagnetic, audio, visual, view, light, noise, vibration, electncal, radio interference, or other effects attributable to the Solar Generatmg Equipment, Energy Storage Equipment, the Project or any Site Activities, (c) Access Easement A non-exclusive easement for ingress to and egress from the Project or Projects (whether located on the Property, on adjacent property or elsewhere) over and across the Property by means of roads and lanes thereon if existing or later constructed by Owner, or otherwise by such route or routes as Grantee may construct from time to time; provided, however, that Grantee shall (I) consult with Owner with respect to the location of such easement, and (2) take into consideration m good faith any requests of Owner with respect to the location of such easement and Owner's continued use of the balance of the Property outside of the area encumbered by such easement, including, without limitation, for agricultural purposes, (d) Landscaping. A non-exclusive easement for the right to plant, remove, trim, prune, top or otherwise control the growth of any tree, shrub, plant or other vegetation; dismantle, Rev121323 3 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DoctiSign Envelope ID CB5F5273-9FD0-48DA-88A9-FD4B7CF31967 demolish, and remove any improvement, structure, embankment, impediment, berm, wall, fence or other object, on or that intrudes (or upon maturity could intrude) into the Project; and excavate, grade, level and otherwise modify the Property, all in Grantee's sole discretion as Grantee may deem desirable or necessary in connection with Grantee's intended use of the Property; (e) Unmanned Aircraft Systems A non-exclusive easement with express permission to Grantee or any operator ofan Unmanned Aircraft System ("UAS") acting on Grantee's behalf to fly over the Property and use audio and video navigation and recording in connection with the use of the UAS, in Grantee's sole discretion, in connection with its activities at the Property; and (f) Other Easements. All other easements required by the local utility or reasonably necessary to accomplish the activities permitted by this Agreement, including without limitation, generation -tie and transmission line easements, utility easements (includmg underground and above -ground gas, electncity, water, and telephone), drainage easements, and geotechnical and environmental testing and sampling easements, provided, however, that Grantee shall (1) consult with Owner with respect to the location of such easements, and (2) take into consideration in good faith any requests of Owner with respect to the location of such easements and Owner's continued use of the balance of the Property outside of the area encumbered by such easements, including, without limitation, for agricultural purposes Any such easements shall be perpetual m nature and shall survive the expiration of the Term. 3. Term The term of this Agreement shall commence on the Effective Date and continue for the following descnbed periods (collectively, the "Term"). 3 1 Development Term. This Agreement shall be for an mitial term (the "Development Term") commencing on the Effective Date and continuing until the earlier to occur of (a) Sixty (60) months following the Effective Date, provided, or (b) the commencement of construction, however, the Development Tenn shall not expire due to the Limited Construction Activities During the Development Term, Grantee shall have the right to enter the Property to investigate and determine the feasibility of obtaining entitlements, utility meters, interconnection pomts, and other agreements for Grantee's proposed solar and/or energy storage development. Grantee shall be permitted to inspect the Property and take such measurements, recordings and photographs, and conduct such surveys and environmental, engineering, mechanical, structural, biological, cultural, geotechnical, archaeological and other similar tests and studies, all as Grantee shall reasonably require to assess the suitability of the Property for the Facilities Such activities shall be conducted m a manner so as not to unreasonably interfere with Owner's existing use of the Property (a) Commencement of Construction. The terms "commencing construction" and "commencement of construction" as used in this Agreement shall mean that date on which Grantee begins grading of the Property for the mstallation of the Solar Facilities and/or the Energy Storage Facilities, provided, however, upon prior consultation with Owner in which Grantee provides (i) reasonable detail sufficient to establish the necessity for limited construction activities to begin on the Property to satisfy the requirements of an investment tax credit as that term is defined by the regulations of the Internal Revenue Service, and (u) a wntten proposal detailing the nature and scope of the specific construction activities Grantee intends to undertake ("Limited Construction Activities"), Grantee may perform such Limited Construction Activities on the Property without trlggermg the commencement of construction as defined in this Agreement, provided that such Linuted Construction Activities do not include any gradmg of the Property (b) Limited Construction Activities. During any period in which Grantee is performing Limited Construction Activities, Grantee shall be required to (a) make all ongomg Development Term payments due under this Agreement plus the additional payment described in Exhibit B herein, and (b) make all applicable surface damage and Crop Compensation payments arising from the Limited Rev121323 4 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocuSlgn Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 Construction Activities. If, at any time durmg Grantee's Limited Construction Activities on the Property, Grantee determines that its activities materially exceed the written scope of work ongmally provided to Owner, Grantee shall determine and notify Owner of such date when the Construction Term begms. 3.2 Construction Term Upon the expiration of the Development Tenn, the term of this Agreement shall automatically extend and continue ("Constriction Terns") until the earlier to occur of (a) the date on wluch Grantee begms production of electrical energy generated by substantially all of the Solar Generating Equipment to be included in the Project (i e., the date on which commercial operations have commenced pursuant to the applicable offtaker agreement with respect to the Project) or (b) the commercial operations date of any Project (or portion of a Project) consisting entirely of Energy Storage Equipment, or (c) the Eighth (8th) anmversary of the Effective Date. Upon the occurrence of subsection (a), (b) or (c), that date, as declared by Grantee, is heremafter referred to as the "Operations Date." 3 3 First Extended Term. Upon the expiration of the Construction Term, the teen of this Agreement shall automatically extend for an additional Thirty-five (35) year tern (the "First Extended Term") 3 4 Second Extended and Third Extended Term Provided that Grantee has not fully surrendered or terminated this Agreement, then on or before the expiration of the First Extended Term, Grantee may, at its option, extend the term of this Agreement for an additional Five (5) year period (the "Second Extended Term"). Provided that Grantee has not fully surrendered or termmated this Agreement during the Second Extended Term, then on or before the expiration of the Second Extended Term, Grantee may, at its option, extend the term of this agreement for an additional Five (5) year penod (the "Third Extended Term") Grantee may exercise its option to extend this Agreement for the Extended Term by giving Owner written notice thereof on or before the date that is one hundred and eighty (180) days pnor to the expiration of the previous Extended Term 4 Payments to Owner In consideration of the rights granted hereunder, Grantee will pay Owner the amounts set forth in Exhibit B attached hereto. Exhibit B shall not be recorded without the specific prior written consent of Grantee 5 Ownership of Facilities. Owner shall have no ownership, lien, security or other interest in any Facilities installed on the Property, or any profits derived therefrom, and Grantee may remove any or all Facilities at any tune No part of the Facilities installed by Grantee on the Property shall be considered part of the Property or an improvement to real property; the Facilities shall at all times be considered tangible personal property owned exclusively by Grantee. Except for those payments descnbed in this Agreement, including Exhibit B, Owner shall not be entitled to any other payments or benefits accrued by or from the Project, including, but not limited to, renewable energy credits, environmental credits (including, without imitation, soil carbon sequestration and phosphorous credits) or tax credits 6 Taxes Owner shall pay all taxes, assessments, or other governmental charges, general and specific, that shall or may during the Term be imposed on, or arise in connection with the Property itself, provided, however, during the Term Grantee shall be liable for any incremental increase m such taxes, assessments, or other governmental charges, including increases resulting from a change in the tax classification of the Property, in each case directly resulting from the presence of the Facilities installed upon the Property ("Grantee Taxes") To the extent the applicable taxing authority provides a separate tax bill for the Grantee Taxes to Grantee, Grantee shall pay such Grantee Taxes directly to the applicable taxing authorities prior to the date such Grantee Taxes become delinquent. If a separate tax bill for the Grantee Taxes is not provided to Grantee, Grantee shall pay the Grantee Taxes within thirty (30) days followmg receipt of wntten demand from Owner of the amount of the Grantee Taxes with a copy of the applicable tax bill. To the extent that any of the Grantee Taxes are jointly assessed with Owner's real estate taxes, assessments and other impositions, the Parties shall cooperate in a good faith effort to cause such Grantee Taxes to be separately assessed Both Parties shall pay their respective tax bills when due and if either Rev121323 5 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocuSign Envelope ID CB5F5273-9FCo-4BDA-88A9-FD4B7CF31967 Party fails to make such payments when due, then the other Party may, but shall not be obligated to, pay the taxing authonties the entire amount due on the tax bill, including any interest and/or penalties and obtain reimbursement for such amount paid on behalf of such Party plus interest (computed from the date of full payment) at a rate equal to the sum of (i) two percent (2%) per annum, plus, (ii) the prime lending rate as from time to time may be published by The Wall Street Journal under the "Money Rates" section, provided, that in no event shall such total interest exceed the maximum rate permitted by applicable law. If Grantee pays taxes, assessments, and/or real property taxes on behalf of Owner that are Owner's obligation hereunder, Grantee may offset the amount of such payments against amounts due Owner under this Agreement 7 Indemnity/Liability 71 Each Party (the "Indemnifying Party") shall defend, indemnify and hold harmless the other Parry and such other Party's Related Persons (as defined below) (each, an "Indemnified Party") from and against any and all third parry (excluding Related Persons) claims, litigation, actions, proceedings, losses, damages, liabilities, obligations, costs and expenses, including reasonable attorneys', investigators' and consulting fees, court costs and litigation expenses (collectively, "Claims") suffered or incurred by such Indemnified Party, arising from the negligence or intentional misconduct of the Indemnifying Party. Grantee shall indemnify, defend and hold harmless Owner against any and all Claims ansmg out of (a) physical damage to property, physical injuries or death caused by the actions of Grantee or its agents, (b) the release of Hazardous Matenal (as defined below) m, under, or about the Property by Grantee or its agents, or (c) the violation of any applicable law by Grantee or its agents, in each case only to the extent arising out of Grantee's Site Activities on the Property 7 2 In no event shall either Party be liable to the other Party to the extent any Claim is caused by, ansing from or contributed by the negligence or intentional misconduct of such other Party or any Related Person thereof 7 3 Except for payments expressly required herein (such as crop damage compensation), in no event, whether as a result of breach of contract, warranty, indemnity, tort (mcluding negligence), strict liability or otherwise, shall either Party be liable to the other Party for loss of profit or revenues, loss of busmess opportunities or for any other special, consequential, incidental, indirect or exemplary damages 7 4 In no event shall Grantee or its Related Persons be liable to Owner for property damage or personal injuries to Owner or its Related Persons attributable to risks of known and unknown dangers associated with normal day -today operation of electrical generating facihties, such as noise, electromagnetic fields, and glare, or from any runoff or altered drainage patterns resulting from Grantee's grading of the Property 7 5 In no event shall either Party or its Related Persons be liable to the Other Party for expenses incurred in such other Party's lawful enforcement of its rights under this Agreement for a default during any applicable cure penod For the benefit of the doubt, this provision excludes recovery by a prevailing Party of reasonable attorneys' fees and costs incurred m connection with any legal proceeding pursuant to Section 14 7 of this Agreement 7.6 As used herein the term "Related Person" shall mean. (a) With respect to Owner, any principals, employees, servants, guests or invitees of Owner or those third persons over whom Owner exercises actual control, or (b) With respect to Grantee, any affiliates, contractors, lessees, and sublessees of Grantee, and each of their respective, principals, officers, employees, servants, agents, representatives, subcontractors, licensees, invitees, and/or guests Rev121323 6 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocuSign Envelope ID CB5F5273-9FCU-4BDA-88A9-FD4B7CF31967 7 7 This Section 7 shall survive the expiration or earlier termmation ofthis Agreement. 8 Grantee's Representations, Warranties, and Covenants. Grantee hereby represents, warrants, and covenants to Owner for the duration of the Term as follows - 8 1 Grantee's Authonty. Grantee has the unrestricted nght and authority to execute this Agreement Each person signing this Agreement on behalf of Grantee is authorized to do so Upon execution by all Parties hereto, this Agreement shall constitute a valid and binding agreement enforceable against Grantee in accordance with its terms. 8 2 Minimal Impacts Grantee agrees to conduct its Site Activities and to locate and operate its Facilities in such a way as to reasonably minimize impacts to the Property and to Owner's activities on the Property, to the extent practical, without negatively impacting the Facilities If Owner's Property is fenced, all access roads constructed by Grantee on ,the Property shall be gated by Grantee at Grantee's expense, and Owner shall 1be furnished with keys or other ability to open and close such gates 8 3 , Insurance. Grantee shall, at its; expense, be responsible for assurmg that msurance coverages, as would be customary and reasonable for similarly situated companies performing the work carried out by Grantee at such time, are mamtained, mcludmg, without limitation, adequate coverage to cover any personal injuries or accidents that could reasonably be expected as a direct result of the Site Activities conducted by Grantee or its Related Persons on the Property. 8 4 Regjurements of Governmental Agencies Grantee, at its expense, shall comply m all material respects with valid laws, ordinances, statutes, orders, and regulations of any governmental agency applicable to the Facilities. Grantee shall have the right, m its sole discretion, to contest by appropriate legal or administrative proceedmgs, the validity or applicability to Grantee, the Property or Facilities of any law, ordinance, statute, order, regulation, property assessment, nor the like now or hereafter made or issued by any federal, state, county, local or other governmental agency or entity. Any such contest or proceeding shall be controlled and directed by Grantee 8 5 Construction Liens. Grantee shall keep the Property free and clear of all hens and claims of liens for labor and services performed on, and materials, supplies, or equipment furnished to, the Property in connection with Grantee's use of the Property pursuant to this Agreement, provided, however, that if Grantee wishes to contest any such hen, Grantee shall, at Grantee's sole discretion and within sixty (60) days after it receives written notice of the filing of such lien, either (i) provide a bond to Owner for the amount of such lien, (h) provide Owner with title insurance insunng Owner's interest in the Property against such hen claim, or (iii) deposit funds or a bond with the court of competent jurisdiction in accordance with C.R.S § 38-22-131. 8 6 Hazardous Materials Neither Grantee nor its Related Persons shall violate any federal, state, or local law, ordmance, or regulation relating to the generation, manufacture, production, use, storage, release, discharge, disposal, transportation or presence of asbestos -containing matenals, petroleum, explosives or any other substance, material, or waste which is now or hereafter classified as hazardous or toxic, or which is regulated under current or future federal, state, or local laws or regulations, on or under the Property (each, a " arardous Material"). Grantee shall promptly notify Owner if any violation occurs 8 7 Special Conditions Grantee agrees to abide by any special conditions enumerated m Exhibit E attached hereto 9 Owner's Representations, Warranties, and Covenants. Owner hereby represents, warrants, and covenants to Grantee for the duration of the Term as follows. 9.1 Owner's Authority. Owner is the sole fee simple owner of the Property mcludmg the subsurface estate thereof, and has the unrestricted right and authonty to execute this Agreement and to Rev121323 7 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocvSign Envelope ID CB5F5273-9FCQ-4BDA-88A9-FD4B7CF31967 grant to Grantee the rights granted hereunder To the extent Owner is not the sole fee simple owner of the subsurface estate, Owner shall fully cooperate with and assist Grantee in obtaming a recognition agreement, non -disturbance agreement or other appropriate agreement from each party from tune to time holding a mineral or non-mmeral interest, lease, grant or reservation of interest under or affecting the Property, conforming to Grantee's reasonable satisfaction that the use and exploitation of said existing mineral or non -mineral leases or interests is not anticipated to interfere with or adversely affect Grantee's planned or contemplated uses, disturb the subsurface under the Facilities or the free flow of direct sunlight across the Property Each person signing this Agreement on behalf of Owner is authorized to do so Upon execution by all Parties hereto, this Agreement shall constitute a valid and binding agreement enforceable against Owner m accordance with its terms. Each person/entity comprising Owner, as listed in the preamble to this Agreement, owns the fractional interest m the Property set forth below Owner: Juan Pablo Gomez Mendiola Fractional Ownership: 100% 9.2 No Interference. Owner's activities and any grant of nghts Owner makes to any person or entity, shall not, currently or prospectively, disturb or interfere with- the construction, installation, maintenance, or operation of the Facilities, whether located on the Property or elsewhere, access over the Property to such Facilities; any Site Achvities, or the undertalung of any other activities permitted hereunder Without limitmg the generality of the foregoing, Owner shall not erect any structures, plants or other equipment, or enter into any third party agreements or amend or extend any existing agreements ("Third Party Agreements") or undertake any other activities (an "Owner Action" or collectively the "Owner Actions") that may- 0) interfere with Grantee's right to install Facilities on any portion of the Property, (ii) potentially cast a shadow onto the Solar Facilities, (in) cause a decrease in the output or efficiency of any Facilities, (iv) interrupt the flux of solar energy upon, across and over any portion of the Property used or to be used by the Solar Facilities, or (v) otherwise mterfere with Grantee's operations on the Property (each an "Interference") Prior to undertaking an Owner Action, that may cause an Interference, Owner shall consult with Grantee to confirm that such Owner Action will not cause any Interference If Grantee reasonably determines the Owner Action could cause an Interference, then Owner shall not be permitted to undertake such Owner Action. Owner shall not disturb or, to the extent permitted by applicable law, permit the disturbance of the subsurface such that may impact in any way the`structural integrity or the operations and maintenance of the Facilities. Further, notwithstanding the foregoing, Owner agrees that rt will notify Grantee in writing witlun ten (10) days after it receives any notice of mineral exploration or development in, on, or under the Property, and such notice shall include a copy of any documents and information provided to Owner m relation to the notice Owner and Grantee shall cooperate in good faith and work jointly as to, and each party shall be permitted to participate in, any (i) response to any such notification; (u) negotiahon with any mineral or non -mineral nghts holder, including without limitation acceptance or rejection of any surface use and compensation proposal and/or entry into any surface use and compensation agreement to Grantee's satisfaction, (iii) enforcement of the rights of the surface owner as set forth in the Surface Owner Protection Act, including without limitation recovery of costs and attorneys' fees and (iv) pursuit of compensation for damages associated with mineral exploration and development in, on or under the Property. Grantee shall have the right to trim existing trees to maintain approximately their same height and width as exists as of the date hereof for the purpose of not Interfering with the flux of solar energy from any angle upon, across and over the Property. Owner agrees not to develop, co -develop, acquire or otherwise participate in any solar or energy storage related project or Rev121323 8 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocuSIgn Envelope ID CB5F5273-9FCO-4BDA-88A9-FD4B7CF31967 projects with an aggregate output in excess of 500 kilowatts within any area that is within five (5) miles of the Project 9 3 Liens and Tenants Except as may be disclosed in the real property records of the County, or as disclosed by Owner in writing to Grantee on or prior to the Effective Date, Owner represents there are no leases (including water, oil, gas and/or other mineral mterests), easements, licenses, nghts of way, mortgages, deeds of trust, liens, security interests, mechanic's hens or any other encumbrances encumbering all or any portion of the Property that could interfere with Grantee's operations on the Property, including mechanic's liens. If such Owner representation and warranty is breached and such breach is not caused by Grantee, then Owner shall fully cooperate and assist Grantee in removing or hmitmg such mterference, including, but not limited to, obtaining a subordination and non -disturbance agreement where Grantee deems it necessary, with terms and conditions reasonably requested by Grantee to protect its nights hereunder, from each party that holds such rights (recorded or unrecorded), and m the case of monetary hens such as mechanic's hens, bondmg over any such hens in an amount that may be reasonably requested by Grantee, at Owner's sole cost and expense 9 4 Requirements of Governmental Agencies and Setback Waiver Owner shall assist and fully cooperate with Grantee, at no out-of-pocket expense to Owner, m complymg with or obtaining any land use permits and approvals, building permits, environmental impact reviews, tax abatements or any other permits and approvals reasonably necessary for the development, financing, construction, installation, monitonng, repair, replacement relocation, maintenance, operation or removal of Facilities, including, but not limited to, execution of applications and documents reasonably necessary for such approvals and permits, and participating m any appeals or regulatory proceedings respecting the Facilities To the extent permitted by law, Owner hereby waives enforcement of any applicable setback requirements respecting the Facilities to be placed on or near the Property that are reasonably necessary, in Grantee's sole and absolute discretion, to carry out Grantee's power -generating activities on or near the Property Without limiting the generality of the foregoing, Owner expressly agrees to cooperate with Grantee with regard to any subdivision approvals or exemption applications relatmg to the Property for the rights granted hereunder, so long as such subdivision approvals or exemption applications would not unreasonably restrict or mterfere with Owner's intended use of the balance of the Property (Le , outside of the Project Boundary and the additional easements granted to Grantee herem) Owner expressly understands and agrees that Grantee may apply for an exemption from applicable subdivision regulahons related to the grant of nghts hereunder, which may be done in Owner's name, and Owner's cooperation shall include without limitation, if necessary, signing any and all applications and plats and signing a wntten agreement not to further subdivide the Property or any portion thereof for five (5) years from the date of the exemption without compliance with applicable subdivision regulations or any other terms or restrictions as required by the regulations in order to effectuate the subdivision exemption apphcation as necessary or desired by Grantee. 9 5 Hazardous Materials Neither Owner nor its Related Persons shall violate any federal, state or local law, ordinance or regulation relating to the generation, manufacture, production, use, storage, release, discharge, disposal, transportation or presence of any Hazardous Material. Owner shall promptly notify Grantee if any such violation occurs To the best of Owner's knowledge, (i) no underground tanks are now located or at any time m the past have been located on the Property or any portion thereof, (n) no Hazardous Material has been generated, manufactured, transported, produced, used, treated, stored, released, disposed of or otherwise deposited in or on or allowed to emanate from the Property or any portion thereof other than as permitted by applicable law and (iii) there are no Hazardous Materials in, on or emanating from the Property or any portion thereof which may support a claim or cause of action under any apphcable law. Owner certifies it has never received any notice or other communication from any governmental authority alleging that the Property is or was in violation of any applicable law 9.6 Litigation No litigation is pendmg, and, to the best of Owner's knowledge, no actions, claims or other legal or administrative proceedings are pending, threatened or anticipated with Rev121323 9 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DowSign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 respect to, or which could affect, the Property. If Owner learns that any such litigation, action, claim or proceeding is threatened or has been instituted, Owner shall promptly deliver notice thereof to Grantee and provide Grantee with periodic updates of the status of said htrgation, action, claim or proceeding that is ongoing. 9.7 Title Insurance and Financing Owner agrees that Owner shall execute and dehver to Grantee any documents reasonably required by the title insurance company and/or a financing party within five (5) business days after presentation of said documents by Grantee, provided, however, in no event shall such documents materially increase any obligation or materially decrease any nght of Owner hereunder. Owner shall have no obligation to initiate the process to obtain title insurance on behalf of the Grantee 9 8 Farm Leases From and after the Effective Date, with the exception of those certain farm tenancies or other leases, both in writing and oral, listed on and whose material terms (including the term, and any permitted extensions) are identified in Exhibit D, attached hereto ("Farm Leases"), which may continue during the Development Term but shall terminate on or before the expiration of the Development Term, any right, title or interest created by Owner in favor of or granted to any tlurd party shall be subject to (0 tlus Agreement and all of Grantee's nghts, title and mterests created hereby, (u) any Mortgage then in existence, (iii) Grantee's right to,create a Mortgage and (iv) any and all documents executed or to be executed by Grantee in connection with this Agreement. Owner shall, following request by Grantee, obtain an aclmowledgement from the tenant under any such Faun Lease confirming the subordination of such Farm Lease to the terms and conditions of this Agreement Owner represents and warrants to Grantee that there are no Farm Leases other than as expressly enumerated on Exhibit D attached hereto 10. Assignment. 10 1 Collateral Assignments. Grantee shall have the absolute right m its sole and exclusive discretion, without obtaining the consent of Owner, to finance, mortgage, encumber, hypothecate, pledge or transfer to one or more Mortgagees any and all of the rights granted hereunder, including the easements granted in Section 2, and/or any or all nghts or interests of Grantee in the Property or in any or all of the Facilities. Grantee shall give Owner wntten notice of any such mortgage, encumbrance, hypothecation, pledge or transfer within ten (10) days after execuring the same 10 2 Non -Collateral Assignments. Grantee shall have the right, without the prior consent of Owner, to sell, convey, assign or transfer (including granting co -easements, separate easements, subeasements) any or all of its nghts hereunder in and to any or all of the Property provided such transfer is related to a Project Grantee shall be relieved of all of its obligations ansmg under this Agreement, as to all or such portion of its interests in the Property transferred, from and after the effective date of such transfer, provided such nghts and obligations have been assumed by such transferee Grantee shall give Owner wntten notice of any such sale, conveyance, assignment or transfer within ten (10) days after executing the same 10.3 Acquisition of Interest. The acquisition of all interests, or any portion of interest, in Grantee by another person shall not require the consent of Owner or constitute a breach of any provision of this Agreement and Owner shall recognize the person as Grantee's proper successor 10 4 Division of Interest. So long as such division would not unreasonably restnct or interfere with Owner's intended use of the balance of the Property (i.e., outside of the Project Boundary and the additional easements granted to Grantee herein), Grantee may divide the Property into multiple separate Projects or phases of development if such division becomes necessary to further the development of the Projects in Grantee's sole discretion If Grantee elects to divide the Property into multiple Projects or phases of development, then Owner shall, within twenty (20) days after written request from Grantee, Rev121323 10 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocuSign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31987 and without demanding any additional consideration, bifurcate this Agreement by entenng into and delivering to Grantee new stand-alone agreements (as many as are necessary for each division) (which shall supersede and replace this Agreement) that provide Grantee with separate easements estates in different portions of the Property, as designated by Grantee. Each of such new agreements shall (a) specify the portion(s) of the Property to be covered thereby (and the term Property, as used therein, shall refer only to such portion(s)), (b) contain the same terms and conditions as this Agreement (except for any requirements that have been fulfilled by Grantee, any assignee, or any other person or entity prior to the execution of such new Agreements, and except for any modifications that may be required to ensure that Grantee's and Owner's respective combined obligations under such new agreements do not exceed their respective obligations under this Agreement) and be m a form reasonably acceptable to Grantee, (c) be for a tern equal to the then-remammg tern of this Agreement; (d) contain a grant of access, transmission, communications, utility and other 'easements for the benefit of the bifurcated easement estates, covering such portion or portions of the Property as Grantee may designate, (e) require payment of amounts payable hereunder to Owner of only an acreage -proportionate part of the amounts hereof; and (f) to the extent permitted by law, enjoy the same priority as this Agreement over any lien, encumbrance or other interest against the Property 11. Default and Remedies 11 1 If a Party defaults m or otherwise fails to perform an obligation under this Agreement, the non -defaulting Party shall not have the right to exercise any remedies hereunder if the default is cured by the defaulting Party within sixty (60) days of receiving written notice of such default specifying in detail the default and the requested remedy (a "Notice of Default"), provided, that if the nature of the default requires, in the exercise of commercially reasonable diligence, more than sixty (60) days to cure, the non- defaulting Party shall not have the nght to exercise any remedies hereunder as long as the defaulting Party commences performance of the cure within sixty (60) days of receipt of Notice of Default and thereafter completes such cure with commercially reasonable diligence. Further, if the Parties have a good faith dispute as to whether a payment is due hereunder, the alleged defaultmg Party may deposit the amount in controversy (not including claimed consequential, special, exemplary or punitive damages) mto escrow with any reputable third parry escrowee, or may interplead the same, which amount shall remain undistnbuted and shall not accrue interest penalties, and no default shall be deemed to have occurred, until final decision by a court of competent jurisdiction or upon agreement by the Parties. No such deposit shall constitute a waiver of the defaulting Party's nght to institute legal action for recovery of such amounts 112 Remedies Except as qualified by Section 12 regarding Mortgagee Protections, should a default remam uncured beyond the applicable cure periods, the non -defaulting Party shall have the right to exercise any and all remedies available to it at law or in equity, all of which remedies shall be cumulative, including the right to enforce this Agreement by injunction, specific performance or other equitable relief. Notwithstanding anything in this Agreement to the contrary or any rights or remedies Owner might have at law or in equity, if any of Grantee's Facilittes are then located on the Property and Grantee fails to perform any of its obligations hereunder beyond applicable cure periods, Owner shall be limited to pursumg damages and Owner may not commence any action to terminate or cancel this Agreement 12 Mortgagee Protection In the event that any mortgage, deed of trust, financing statement, or other security interest in this Agreement or in any Facilities, or any portion thereof (a "Mortgage"), is entered into by Grantee then any person who is the mortgagee, grantee or beneficiary of a Mortgage (a "Mortgagee") shall, for so long as its Mortgage is m existence and until the lien thereof has been extinguished, be entitled to the protections set forth in this Section 12. A "Mortgagee" shall include, without limitation, (i) any individual, entity, financial institution, leasing company, or lender providing funds or extending credit to the Grantee or its affiliates, including, without limitation, (x) development, bridge, construction, term or permanent financing, (y) investment capital or working capital, and/or (z) structured Rev121323 11 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocuSign Envelope ID CB5F5273-9FCU-4BDA-88A9-FD4B7CF31967 tax equity financmg, secuntization financing, sale -leaseback financing, tax credit sale financmg, and/or any other debt or equity financing, and any renewals, refimdings, extensions, or refinancings of any of the foregoing, and (ii) any collateral or ad umstrative agent acting on behalf of any such individual, entity, financial mstitution, leasmg company, or lender in connection with any such fmancing Grantee shall send wntten notice to Owner of the name and address of any such Mortgagee, provided that failure of Grantee to give notice of any such Mortgagee shall not constitute a default under this Agreement and shall not invalidate such Mortgage. 121 Mortgagee's Right to Possession, Right to Acquire and Right to Assign A Mortgagee shall have the absolute right. (i) to assign its security interest; (n) to enforce its hen and acquire title to the easement estate by any lawful means; (iti) to take possession of and operate the Facilities or any portion thereof, to exercise all of Grantee's rights hereunder, and to perform all obligations to be performed by Grantee hereunder, or to cause a receiver to be appointed to do so, and (iv) to acquire the easement estate by foreclosure or by an assignment in lieu of foreclosure and thereafter to assign or transfer the easement estate to a third party Owner's consent shall not be required for the acquisition of the encumbered easement or subeasement estate by a third party who acquires the same by foreclosure or assignment m lieu of foreclosure 12.2 Notice of Default, Opportunity to Cure. As a precondition to exercising any rights or remedies as a result of any default of Grantee, Owner shall give a Notice of Default to each Mortgagee of which it has notice, concurrently with delivery of such notice to Grantee In the event Owner gives a Notice of Default, the followmg provisions shall apply. (a) A "Monetary Default" means Grantee's failure to pay when due any monetary obligation of Grantee under this Agreement. Any other default by Grantee is a "Non -Monetary Default " (b) The Mortgagee shall have the same period after receipt of the Notice of Default to remedy the default, or cause the same to be remedied, as is given to Grantee, plus, in each instance, the following additional time periods (i) thirty (30) days, for a total of ninety (90) days after receipt of the Notice of Default in the event of any Monetary Default, and (u) sixty (60) days, for a total of one hundred twenty (120) days after receipt of the Notice of Default m the event of any Non -Monetary Default, provided that such 120 -day penod shall be extended for the time reasonably required to complete such cure, including the time required for the Mortgagee to perfect its nght to cure such Non -Monetary Default by obtammg possession of Grantee's easement estates in and to the Property (including possession by a receiver) or by mstitutmg foreclosure proceedings, provided the Mortgagee acts with reasonable and continuous diligence The Mortgagee shall have the absolute right to substitute itself for Grantee and perform the duties of Grantee hereunder for purposes of curing such default Owner expressly consents to such substitution, agrees to accept such performance, and authorizes the Mortgagee (or its employees, agents, representatives or contractors) to enter upon the Property to complete such performance with all the rights, pnvileges and obligations of the original Grantee hereunder. Owner shall not take any action to terminate this Agreement in law or equity prior to the expiration of the cure periods available to a Mortgagee as set forth above (c) During any period of possession of Grantee's easement estates in and to the Property by a Mortgagee (or a receiver requested by such Mortgagee) and/or dunng the pendency of any foreclosure proceedings mstituted by a Mortgagee, the Mortgagee shall pay or cause to be paid all monetary charges payable by Grantee hereunder which have accrued and are unpaid at the commencement of said penod and those which accrue thereafter during said period. Following acquisition of Grantee's easement estate in and to the Property by the Mortgagee or its assignee or designee as a result of eithei foreclosure or acceptance of an assignment and/or deed in lieu of foreclosure, or by a purchaser at a foreclosure sale, this Agreement shall continue in full force and effect and the Mortgagee or party acquit ing title to Grantee's easement estate shall, as promptly as reasonably possible, commence the cure of all of Rev121323 12 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocuSign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 Grantee's defaults which are reasonably susceptible of being cured by the Mortgagee or party acquiring title, hereunder and thereafter diligently process such cure to completion, whereupon such defaults shall be deemed cured without incurring any default hereunder. (d) Any Mortgagee or other party who acquires Grantee's easement interest in and to the Property pursuant to foreclosure or assignment m lieu of foreclosure shall be liable to perform the obligations imposed on Grantee by this Agreement for such interest so long as such Mortgagee or other party has ownerslup of the easement estate or possession of the Property (e) Neither the bankruptcy nor the insolvency of Grantee shall be grounds for terrnmatmg this Agreement as long as all material obligations of Grantee under the terms of this Agreement are performed by the Mortgagee in accordance with the terms hereunder. (f) Nothing herein shall be construed to extend this Agreement beyond the Term or to require a Mortgagee to continue foreclosure proceedmgs after a default has been cured If the default is cured and the Mortgagee discontinues foreclosure proceedings, this Agreement shall continue m full force and effect. 12 3 New Agreement to Mortgagee. If this Agreement terminates because of Grantee's default or if the easement estate is foreclosed upon, or if this Agreement is rejected or disaffirmed pursuant to bankruptcy law or other law affecting creditors' rights, Owner shall, upon written request from any Mortgagee within ninety (90) days after such event, enter into a new agreement for the Property on the following terms and conditions (a) The terms of the new agreement shall commence on the date of termination, foreclosure, rejection or disafffimance and shall continue for the remainder of the Term, at the same rent and subject to the same terns and conditions set forth in this Agreement (b) The new agreement shall be executed within thirty (30) days after receipt by Owner of written notice of the Mortgagee's election to enter a new agreement, provided said Mortgagee. (0 pays to Owner all rent and other monetary charges payable by Grantee under the terms of this Agreement up to the date of execution of the new agreement, as if this Agreement had not been terminated, foreclosed, rejected or disaffirmed, (ii) performs all other obligations of Grantee under the terms of this Agreement, to the extent performance is then due and susceptible of being cured and performed by the Mortgagee, and (iii) agrees in writing to perform, or cause to be performed, all non -monetary obligations which have not been performed by Grantee and would have accrued under this Agreement up to the date of commencement of the new agreement, except those obligations which constitute non -curable defaults Any new agreement granted to the Mortgagee shall enjoy the same priority as this Agreement over any lien, encumbrances or other interest created by Owner. (c) At the option of the Mortgagee, the new agreement may be executed by a designee of such Mortgagee without the Mortgagee assuming the burdens and obligations of Grantee thereunder. (d) If more than one Mortgagee makes a written request for a new agreement pursuant hereto, the new agreement shall be delivered to the Mortgagee requesting such new agreement whose Mortgage is prior in hen, and the written request of any other Mortgagee whose lien is subordinate shall be void and of no further force or effect. (e) The provisions of this Section 12 shall survive the termination, rejection or disaff-irmance of this Agreement and shall continue m full force and effect thereafter to the same extent as if this Section 12 were a separate and independent contract made by Owner, Grantee and such Mortgagee, and, from the effective date of such termmation, rejection or disaffirmation of this Agreement to the date of execution and delivery of such new agreement, such Mortgagee may use and enjoy said Property without Rev121323 13 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocuSign Envelope ID CB5F5273-9FC0.4BDA-88A9-FD4B7CF31967 hindrance by Owner or any person claiming by, through or under Owner, provided that all of the conditions for a new agreement as set forth herein are complied with. 12 4 Mortgagee's Consent to Amendment, Termination or Surrender Notwithstanding any provision of this Agreement to the contrary, the Parttes agree that so long as there exists an unpaid Mortgage of which Owner has been given nonce, this Agreement shall not be modified or amended and Owner shall not accept a surrender of the Property or any part thereof or accept a cancellation, termmation or release of this Agreement from Grantee prior to expiration of the Term without the prior written consent of the Mortgagee This provision is for the express benefit of and shall be enforceable by such Mortgagee 12.5 No Waiver No payment made to Owner by a Mortgagee shall constitute an agreement that such payment was, in fact, due under the terms of this Agreement, and a Mortgagee, having made any payment to Owner pursuant to Owner's wrongful, improper or mistaken notice or demand, shall be entitled to the return of any such payment 12 6 No Merger There shall be no merger of this Agreement, or of the easement estate created by this Agreement, with the fee estate m the Property by reason of the fact that this Agreement or the easement estate or any interest therein may be held, directly or indirectly, by or for the account of any person or persons who shall own the fee estate or any mterest therein, and no such merger shall occur unless and until all persons at the time havmg an interest in the fee estate m the Property and all persons (including Mortgagee) having an interest in this Agreement or in the easement estate or m the estate of Owner and Grantee shall join m a wntten mstrument effecting such merger and shall duly record the same 12 7 Estoppel Certificates, Etc Owner shall execute such estoppel certificates (certifymg as to such matters as Grantee may reasonably request, mcluding without hmitation that no default by Grantee then exists under this Agreement, if such be the case) and/or consents to assignment (whether or not such consent is actually required) and/or non -disturbance agreements as Grantee, any transferee of Grantee or Mortgagee may reasonably request from time to time. The failure of Owner to deliver any estoppel certificate within fifteen (15) days after Grantee's written request therefor shall be conclusive evidence that (i) this Agreement is in full force and effect and has not been modified, (ii) any amounts payable by Grantee to Owner have been paid through the date of such wntten request, (iii) there are no uncured defaults by Grantee, and (iv) the other certifications requested by Grantee in its estoppel, are in fact, true and correct Owner has an affirmative obligation to disclose to Grantee and any all unrecorded interests m and to the Property, including oral leases or agreements, throughout the Term of this Agreement 13 Termination 13.1 Grantee's Right to Terminate Grantee shall have the right to terminate this Agreement as to all or any part of the Property at any time and without cause, effective upon sixty (60) days' advance wntten notice to Owner from Grantee. 13.2 Effect of Termination. Upon termination of this Agreement, Grantee shall, as soon as practicable thereafter, but not later than twelve (12) months after the termination, remove above -ground and below -ground (to a depth of three (3) feet below grade) Facilities from the Property (the "Remediation Term"), without additional charge or rental for such entry and removal, and without such entry constituting a holdover. All Property disturbed by Grantee shall be restored to a condition reasonably similar to its original condition as it existed upon the Effective Date (a) Upon the expiration or termination of this Agreement, and through the date Grantee completes the removal of its Facilities from the Property, Grantee shall pay Owner twenty percent (20%) of the Operating Fees (as defined in Exlubit B) that were paid to Owner during the immediately preceding calendar year This percentage shall be prorated, and paid out monthly m twelve (12) installments during the Remediation Term (the "Remediation Term ]Fees") Rev121323 14 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocuSign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 (b) If Grantee fails to remove such Facilities within twelve (12) months of termination of this Agreement, or such longer period as Owner may provide by extension, but subject to the nghts of Mortgagee under Section 12 2 above, Owner shall have the right to restore the Property and remove, or to cause removal of, any property owned by Grantee to the extent required by Grantee under this Section 13 2, and the nght to receive reimbursement, less any salvage value of the Facilities actually received by or on behalf of Owner, from Grantee for any remaining amounts reasonably incurred for removal and restoration of the Property. 13.3 Removal Security. On or before the date which is five (5) years pnor to the expiration of the First Extended Tenn (the "Security Delivery Date"), Grantee shall obtain and dehver to Owner a bond, letter of credit, or similar financial assurance, m form and substance reasonably satisfactory to Owner securing performance of Grantee's obligation to remove the Facihties located on the Property as provided m Section 13 2 of this Agreement (the "Removal Bond"). The Removal Bond shall be equal to 100% of the estimated amount, if any, by which the cost of removing the Facilities as provided in Section 13.2 of this Agreement exceeds the salvage value of such Facilities (the "Net Removal Costs") The Net Removal Costs shall be determined by Grantee acting m good faith. Grantee shall re-evaluate the amount needed for the Removal Bond at each five (5) year anmversary following the Security Delivery Date Once in place, Grantee shall keep such Removal Bond, or similar financial assurance, in force throughout the remainder of the Tenn. Notwithstanding the foregoing, Grantee shall not be required to deliver such Removal Bond to Owner if Grantee has delivered financial assurance as required by any county, state, or other governmental or quasi -governmental agency m connection with the Facilities (with such financial assurance being consistent with the requirements of the applicable agency authority) 14. Miscellaneous 14.1 Force Majeure If performance of this Agreement or of any obligation hereunder is prevented or substantially restricted or mterfered with by reason of an event of Force Majeure (defined below), the affected Party, upon giving notice to the other Party, shall be excused from such performance to the extent of and for the duration of such prevention, restriction or interference, and the Term or any other time penods herein shall be extended for such penod of time. The affected Party shall use its reasonable efforts to avoid or remove such causes of nonperformance and shall continue performance hereunder whenever such causes are removed. "Force Majeure" means fire, earthquake, flood, pandemic, or other casualty, condemnation or accident, strikes or labor disputes, war, acts of terrorism, civil stnfe or other violence, any law, order, proclamation, regulation, ordmance, action, demand or requirement of any government agency or utility, including, without limitation, "stay-at-home" or "shelter -m -place" orders, or any other act or condition beyond the reasonable control of a Party hereto. 14 2 Confidentiality. To the fullest extent allowed by law, Owner shall maintain m the stnctest confidence, and Owner shall require each Related Person of Owner to maintain in the strictest confidence, for the sole benefit of Grantee, all information pertauvng to the financial terms of or payments under this Agreement, Grantee's site or product design, methods of operation, methods of construction, power production or availability of the Facilities, and the hke, whether disclosed by Grantee or discovered by Owner, unless such information either (i) is in the public domain by reason of pnor publication through no act or omission of Owner or any Related Person of Owner, or (ii) was already known to Owner at the time of disclosure and which Owner is free to use or disclose without breach of any obligation to any person or entity_ To the fullest extent permitted by law, Owner shall not use such information for its own benefit, publish or otherwise disclose it to others, or permit its use by others for their benefit or to the detriment of Grantee Notwithstanding the foregoing, Owner may disclose such information to any auditor or to Owner's family members, lenders, attorneys, accountants and other personal advisors, any prospective purchaser of or lenders for the Property, or pursuant to lawful process, subpoena or court order, provided Owner in making such disclosure advises the party receivmg the mformation of the confidentiality of the information and obtains the agreement of said party not to disclose the mfonmation. Rev121323 15 Docusign Envelope ID A5282799-247D-4401-87EF-2705E47AC75A DocuSign Envelope ID CB5F5273-9FOMBDA-88A9-FD4B7CF31967 14.3 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon Owner and Grantee and, to the extent provided tn any assignment or other transfer under Section 10 hereof, any transferee, and their respective heirs, transferees, successors and assigns, and all persons claiming under them. References to Grantee in this Agreement shall be deemed to include transferees of Grantee that hold a direct ownership interest in this Agreement and actually are exercising rights under this Agreement to the extent consistent with such interest. 14.4 Memorandum; Recordmg At Grantee's option. (i) Grantee may record a copy of this Agreement, excluding Exhibit3 or (ii) upon request from Grantee, Owner shall execute in recordable form, and Grantee may then record, a memorandum of this Agreement substantially m the form of Exhibit C attached hereto, incorporating only those non -substantive changes to the form as may be required by the apphcable jurisdiction m which recording is sought and to reflect the terms of this Agreement Owner hereby consents to the recordation of the mterest of a transferee of Grantee in the Property With respect to the First Extended Tenn, Second Extended Term, and Third Extended Term, upon request from Grantee, Owner shall execute, in recordable form, and Grantee may then record, a memorandum evidencing the First Extended Term, Second Extended Term, and Third Extended Term, as applicable, provided that the execution of such memorandum is not necessary for such First Extended Term, Second Extended Term, or Thud Extended Term to be effective. 14.5 Notices. All notices or other commumcations required or permitted by this Agreement, including payments to Owner, shall be in wntmg and shall be deemed given when personally delivered to Owner or Grantee, or in heu of such personal delivery services, the same day if sent via facsimile with confirmation, the next business day if sent via overnight delivery or five (5) days after deposit m the United States mail, first class, postage prepaid, certified, addressed as follows If to Owner. If to Grantee. .Irian Pablo Gomez Mendiola 37786 County Road 49 Eaton, CO 80615 Email: gome8647@gmail com Reactivate CO Development LLC c/o Invenergy LLC One South Wacker Drive, Suite 1800 Chicago, IL 60606 ATTN: Land Administration Either Party may change its address for purposes of this paragraph by giving written notice of such change to the other Parties in the manner provided m this paragraph. 14.6 Entire Agreement, Amendments. This Agreement, together with all exhibits attached hereto, constitutes the entire agreement between Owner (and its respective successors, heirs, affiliates and assigns) and Grantee (and its respective successors, heirs, affiliates and assigns) respecting its subject matter, and supersedes any and all oral or written agreements. All of the provisions of the Exhibits shall be treated as if such provisions were set foram the body of this Agreement and shall represent bmding obligations of each ofthe Parties as part ofthis Agreement. Any agreement, understanding or representation respecting the Property, or any other matter referenced herein not expressly set forth m this Agreement or a previous wntmg signed by both Parties is null and void. No purported modifications or amendments, including without limitation any oral agreement (even if supported by new consideration), course of conduct or absence of a response to a unilateral commumcation, shall be bmdmg on either Party unless in a writmg signed by both Parties. Provided that no material default in the performance of Grantee's obligations under this Agreement shall have occurred and remain uncured, Owner shall cooperate with Grantee m amendmg this Agreement from time to time to include any provision that may be reasonably requested by Grantee for the purpose of implementing the provisions contamed in this Agreement or for the purpose of preserving the security interest of any transferee of Grantee or Mortgagee. Rev121323 16 DocuSIgn Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31987 14.7 Legal Matters This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado. If the Parties are unable to resolve amicably any dispute arising out of or in connection with this Agreement, they agree that such dispute shall be resolved m the state courts located in the County. The Parties agree that any rule of construction to the effect that ambiguities are to be resolved in favor of either Party shall not be employed in the interpretation of this Agreement and is hereby waived The substantially prevailing Party ui any action or proceeding for the enforcement, protection or establishment of any right or remedy under this Agreement shall be awarded recovery of its reasonable attorneys' fees and costs in connection with such action or proceeding from the substantially non -prevailing Party, 14.8 Partial Invalidity Should any provision of this Agreement be held, in a final and unappealable decision by a court of competent jurisdiction, to be either invalid, void or unenforceable, the remaining provisions hereof shall remain m full force and effect, unimpaired by the holding Notwithstanding any other provision of this Agreement, the Parties agree that in no event shall the Term, or the term of any easement granted herein be longer than, respectively, the longest penod permitted by apphcable law. 14.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an onginal and all of which when taken together shall constitute one and the same document. For purposes of this Agreement, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an origmal signature. 1410 Tax and Renewable Energy Credits. All benefits and incentives that result from Grantee's development and use of the Property for energy storage and/or solar energy purposes shall accrue to the benefit of Grantee, including but not limited to any portfolio energy credits, rebates in lieu of portfolio energy credits, any reductions or credits in taxes and/or assessments, rebates, financing, federal, state and local grants, reductions in fees, participation m federal, state or local special programs or tax distncts, and special programs of public utilities If under apphcable law, the holder of an easement estate becomes ineligible for any tax credit, renewable energy credit or rebate, environmental credit or any other benefit or mcentive for renewable energy established by any local, state or federal government, or any public utility, then, at Grantee's option, so long as no matenal cost or expense is unposed on Owner (or Grantee otherwise reimburses Owner for the same), and so long as there is no material reduction in the fees or other compensation to be paid to Owner under this Agreement, Owner and Grantee shall exercise good faith and negotiate an amendment to this Agreement or replace it with a different mstnrment so as to convert Grantee's interest in the Property to a substantially smular interest that makes Grantee eligible for such credit, benefit, rebate, or incentive. 14 11 No Partnership. Nothing contained m this Agreement shall be construed to create an association, joint venture, trust or partnership covenant, obligation or hability on or with regard to any one or more Parties in this Agreement. 14.12 Waiver of Right to Trial by Jury. EACH OF THE PARTIES KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON THIS AGREEMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO. EACH OF THE PARTIES TO THIS AGREEMENT WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT OR HAS NOT BEEN WAIVED THIS PROVISION IS A MATERIAL INDUCEMENT TO EACH OF THE PARTIES FOR ENTERING INTO THIS AGREEMENT Rev121323 17 V9LOVL439OLZ-33L8-1Oti4-4LVZ-66LZ8ZSb al adolanu3 u6isnooa DocuSign Envelope ID CB5F5273-9FC0-4BDA-813A9-FD4B7CF31967 14.13 Public Officials Owner acknowledges that its receipt of monetary and other good and valuable consideration hereunder may represent a conflict of mterest if Owner is a government employee or otherwise serves on a governmental entity with decision -making authority (a "Public Official") as to any rights Grantee may seek, or as to any obligations that may be unposed upon Grantee in order to develop and/or operate the Project ("Development Rights"), and Owner hereby agrees to (1) recuse him/herself from all such decisions related to Grantee's Development Rights unless such recusal is prohibited by law or is not reasonably practicable considering the obligations of such Public Official's position and (2) recuse him/herself from all such decisions related to Grantee's Development Rights if such recusal is required by law If Owner is not required pursuant to (1) or (2) above to recuse hun/herself from a decision related to Grantee's Development Rights, Owner shall, m advance of any vote or other official action on the Development Rights, disclose the existence of this Agreement (but not the financial terms therein) at an open meeting of the relevant governmental entity Owner serves on as a Public Official Additionally, if Owner is a Public Official and any of Owner's spouse, child or other dependent has a financial interest in the Project, Owner shall disclose such relationship (but not the financial terms thereof) at an open meeting of the relevant governmental entity Owner serves on as a Public Official, prior to participation in any decision related to Grantee's Development Rights. 14 14 Homestead Waiver. To the fullest extent allowed by law, Owner hereby releases and waives all rights under and by virtue of any applicable homestead exemption or similar laws as to the leasehold interest and other rights granted hereunder. Notwithstanding the foregoing, in the event that Owner attempts to claim any portion of the Property as a homestead under any exemption laws, Owner agrees to (i) limit such claim to areas of the Property undeveloped and not contemplated for development by Grantee, and (ii) limit such claim to no more area than that permitted by Colorado Revised Statutes Sections 38-41-201 et seq, as they may be amended from time to time Owner further agrees that if any portion of the Property is claimed as a homestead, then, at Grantee's sole option, Owner and Grantee shall promptly enter into an amendment to this Agreement removing the smallest portion of the Property that may constitute homestead property under Colorado Revised Statutes Sections 38-41-201 et seq from the Property under this Agreement In all cases, Owner and Grantee shall work together m good faith to designate for release only that portion of the Property that is actually used and legally required as homestead, while minimizing impact on the Project and the Facilities [Signatures on Following Page] Rev121323 18 V9LD`dLb3S0LZ-d3L8-l0bb-aLbZ-66LZ8ZSd 01 adolanu3 unsnooa DocuSign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 IN WITNESS WHEREOF, Owner and Grantee, acting through their duly authorized representatives, have executed this Agreement with the intent that it be effective as of the Effective Date, and certify that they have read, understand and agree to the terms and conditions of this Agreement OWNER: Juan Pablo Gomez Mendiola Juan Tablo Golrez Mendlota By: Juan Pablo Gomez Mendiola Date of Signature. May 13, 2024 ACKNOWLEDGMENT OF OWNER STATE OF FLORIDA ) ss COUNTY OF ORANGE The foregomg instrument was acknowledged before me by means of ❑ physical presence or 'II online notarization this 13a' day of May 2024 by Juan Pablo Gomez Mendiola who produced co Driver License as form of identification. Q,,�,,.�Q,�� Dg�tetly signed by Sandra Burgos IO d d R�d� Date 2024 QS , 0918 00 -04'00 Signature of Notary Public - State of Florida Sandra Burgos Print, Type, or Stamp Commissioned Name of Notary Public Rev121323 19 V9LOW17350LZ-d3L8-1•0171,-OLVZ-66LZ8Z9V O1 edolenu3 u6lsnooO DocuSlgn Envelope ID CB5F5273-9FC0ABDA-88A9-FD4B7CF31967 Name - IN WITNESS WHEREOF, Owner and Grantee, acting through their duly authonzed representatives, have executed this Agreement with the intent that it be effective as of the Effective Date, and certify that they have read, understand and agree to the terms and conditions of this Agreement GRANTEE: Reactivate CO Development LLC a Delaware limited liability company �r-'11DowSlgnrre��dbffy By. U` f aaR yea utopia Hill ADS Title: Manager Date of Signature: 5/24/2024 STATE OF I L4.4 NOB COUNTY OF COOK' ACKNOWLEDGMENT OF GRANTEE ) ss. ) Before me, a Notary Public in and for the State of MA N O l S' personally appeared ttwpix l-fi ! ( , as it/tangber— of Reactivate , a Delaware limited liability company, who acknowledged the execution of the foregoing instrument on behalf of said entity. Witness my hand and Notarial Seal this 24 Tay of Ilit Gr j 20 ?� (SEAL) O,/ �f �9�IA�SE@�L MARL* 1./PAIGE limy; Ststeai Oboe Comm ssen No. 050127 alyCommission Wks *tenter 20, 2027 Rev121323 (sign e) a1414416C- (printed name) Notary Public 20 ` 9LD`dLti350LZ-J3L8-1044-dLtiZ-66LZ8ZS`d al adolanu3 u6lsnooa DowSign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 EXHIBIT A Description of the Property APN: 071119000023 The North half of the Northwest Quarter of Section 19, Township 7 North, Range 64 West of the 6th Principal Meridian, County of Weld, State of Colorado 1 Rev121323 V9LOWV350LZ-d3L8-l0Pt-CILVZ-66LZ8Z9V QI edolenu3 u6isnoo4 DocuSign Envelope ID CB5F5273-9FC0.4BDA-88A9-FD4B7CF31967 EXHIBIT B Payment Ferris In consideration for the rights provided to Grantee under the Agreement, Grantee agrees to make payments to Owner as follows 1 Development Term Fees Beginnmg on the Effective Date and ending upon the start of the Construction Term, Grantee shall pay Owner an annual fee as follows - a. Year 1 - $1,500 b Year 2 - $5,000 c. Year 3 - $5,000 d Year 4 - (if Development Term is extended) — $6,500 e. Year 5 - (if Development Term is extended) — $6,500 These fees are the "Development Term Fee". Payment of the Development Term Fee shall be made annually, with the first payment due within forty-five (45) days following the Effective Date and each subsequent payment shall be due on or before each anniversary of the Effective Date, as applicable 2 Construction Term Fees Upon commencement of the Construction Term and endmg on the Operations Date, Grantee shall pay owner an annual fee of Two hundred fifty Dollars and no/100 ($250 00) per Net Acre received (the "Construction Term Fee"). Payment of the Construction Term Fee shall be made annually, with the first payment due within forty-five (45) days following the commencement of construction and each subsequent payment shall be due on or before each anniversary of the Construction Term, as applicable In the event that the Net Acreage has not yet been determined as of the commencement of the Construction Term, then (i) the Construction Term Fee shall be calculated based on Grantee's good faith estimate of the Net Acreage, and (ii) upon determmathon of the Net Acreage as provided in the Agreement, the Parties shall "true up" the Construction Term Fee based on the final Net Acreage (i e , any overpayment shall be returned to Grantee (or otherwise credited against any future Constriction Term Fee or Operating Fees at Grantee's election, or Grantee shall pay to Owner any amounts owed as a result of an underpayment based on the final Net Acreage no later than with the next payment then due of the Construction Term Fee or the Operating Fees (as applicable)) 3. Limited Construction Activities Fee In the event Grantee commences any Limited Construction Activities on the Property Grantee shall continue to make all ongoing Development Term payments due under this Agreement plus an additional one-time payment of Five thousand Dollars and no/100 ($5,000 00) until the start of the Construction Term 4. Operating Fees. Beginning on the Operations Date and endmg on the expiration or earlier termination of the Extended Term (as may be extended pursuant to the terms of this Agreement), Grantee shall pay to Owner the below annual amounts (collectively "Operating Fees") Notwithstanding the above, Owner acknowledges that Grantee may build the Project in phases and all of the Property may not be included in the mitial phase or subsequent phase(s) (a) Fixed Fee. Grantee shall pay to Owner a fixed fee of One thousand five hundred Dollars and no/100 ($1,500.00) compounding annually at a rate of 2.25% (the "Fixed Fee") times the number of Net Acres of the Project Boundary then subject to the Agreement at the Operations Date Net Acreage shall be determined as descnbed in Section 1.5 of this Agreement. (b) Payment of Operating Fees For the first payment of Operatmg Fees, Grantee shall receive a credit for any Development Tenn Fees and Construction Term Fees paid equal to the proportion of such Development Term Fee and Construction Term Fee that is applicable for time Rev121323 B-1 d5LDt/L4350LZ-d3L8-lOVP-dLbZ-66LZ8ZSV al adolanu3 u6isnood DocuSign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 periods occurring after the Operations Date The payment of the Fixed Fee, each calendar year shall be made m semi-annual mstallments, the fast semi-annual payment shall be due on or before one hundred twenty (120) days followmg the Operations Date (or anniversary thereof) and the second semi-annual payment shall be due on or before six (6) months following the Operations Date (or anmversary thereof). Owner shall have the right to receive, upon written request, a statement from Grantee showing the computational basis for Owner's semi-annual payments 5. Late Payment Penalty If Grantee fails to make any payment to Owner required of it hereunder when due, mterest shall accrue on the overdue amount, from the date of expiration of Grantee's cure penod until the date paid, at a rate equal to the sum of: (i) two percent (2%) per annum, plus, (n) the pnme lending rate as from time to tune may be published by The Wall Street Journal under the "Money Rates" section, provided, that in no event shall such total interest exceed the maximum rate permitted by law 6 IRS Form W-9/ Property Use. Notwithstanding anything m this Agreement to the contrary, Grantee shall have no obligation to make any payment to Owner otherwise required under this Agreement until Owner has (i) returned to Grantee a completed Internal Revenue Service Form W-9 (such W-9 form to either (a) have been provided by Grantee to Owner pnor to execution of this Agreement or (b) be provided by Grantee to Owner promptly upon execution of this Agreement), and (ii) inserted m the table below to the best of Owner's knowledge, the approxmiate acreage of the Property that is currently bemg used (or has been used withm the last five (5) years) for crops, pasture, forest or tnnber, other agncultural use, or a non-agncultural purpose (e g , idle land, roadways, parking lot, commercial use, etc ) If none of the acreage falls into one of these categories, put "0" or "None". Land Type: Crop Pasture i Forest or Timber Other Agricultural Use Non-Ag Use Acreage: 0 27 0 0 0 7 Payment Instructions. a Unless otherwise indicated in section 7.3 below, if Owner is a single person or entity, a payment will be issued by smgle check. b Unless otherwise indicated in section 7 3 below, if Owner is a mamed couple, payments will be issued by a single check made out to both names that match this agreement. Please fill out one W=9 as follows Box 1 should include the name of the individual that corresponds to the TIN on the W-9 This individual will receive income reporting each year. Box 2 should include both names of husband and wife that match this agreement c If Owner is compnsed of one or more than one person or entity, or if the Owner is a single person or entity or a mamed couple who wish alternative payment arrangements to what is described in sections 7 1 and 7.2 above, please indicate payment split in the table below. Owner and each person or entity holding record title to the Property hereby acknowledges and agrees that all payments are legally permitted to be made as set forth in the table below and that no other party shall have any right to such payments or to contest the payments and allocations as set forth below Each person receiving payment pursuant to the table below hereunder agrees to fully mdemmfy, defend and hold harmless Grantee against claims and liability by any third party in connection with its payments hereunder to the person/entities set forth herein. Rev121323 B-2 b'4LOVL439OLZ-33L8-LObti-4LtiZ-66LZ8Z9V QI adoianu3 u6isnooa DocuSign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 Owner: Juan Pablo Gomez Mlendiola Payment Allocation: 100% 8 Crop Compensation. Grantee shall pay Owner one-time compensation for any and all portions of the Property where permanent Facilities are not constructed that are either taken out of commercial crop production for a season because of the construction of the Facilities, or that are removed or damaged as a direct result of Grantee's construction of the Facilities on the Property ("Crop Damage Compensation"). Portions of the Property shall be deemed to have been taken out of commercial crop production only if the Owner was actually farming such portions of the Property immediately prior to Giantee's commencing construction of the Facilities on the Property The Crop Damage Compensation shall be deemed full compensation for any losses of income, rent, business opportunities, profits or other losses ansmg out of such Grantee construction Crop Damage Compensation shall be equal to the fair market value of the crops that are damaged per season If less than one acre of Owner's cultivated crops, pasture or hay on the Property is damaged by Grantee's activities on the Property, the apphcable dollar amount per acre shall be reduced proportionally. The Parties shall attempt, in good faith, to agree upon the extent of damage and amount of acreage affected. If the Parties cannot agree, the Parties shall have the area measured and the extent of damage assessed by an impartial party chosen by mutual agreement of the Parties, such as a crop msurance adjuster. 9 Attorney Fee Payment. In consideration of Owner entenng into this mutually acceptable Agreement on or before May 30, 2024, Grantee shall pay Owner's attorney a one-time payment in an amount equal to One thousand five hundred Dollars and no/100 ($1,500.00). The Attorney Fee Payment will be made along with the first "Development Tenn Fee" payment This provision will not be effective if this Agreement is executed and delivered to Grantee by Owner after May 30, 2024, 11 59 PM CT 10 Drainage Tile Notwithstanding anything m this Agreement to the contrary, Grantee shall have the right, but not the obligation, m its sole discretion at any time following the commencement of the Construction Tenn, at Grantee's sole cost and expense and without any need for consent of the Owner, to remove, relocate, alter, interfere, or otherwise take any similar action with respect to any drainage system(s) (mcludmg, without lunitation, drain tile, underground water Imes, and other aboveground or underground facilities, equipment, and infrastructure used to manage drainage and irrigation) within the Project Boundary (collectively, the "Drainage System"), including, without limitation, during the course, or otherwise in connection with the conduct, of the Site Activities. Grantee shall be under no obligation to mamtam, repair, or replace the Drainage System, regardless of Grantee's actions or omissions with respect to the same (including, without limitation, the exercise of Grantee's rights as set forth in this paragraph) 11. CRP. If Owner is a party to a Conservation Reserve Program contract ("CRP Contract") with the U.S Department of Agriculture pursuant to 7 C.F R Part 1410 regarding the Property, then Owner shall provide Grantee with a true and complete copy of such CRP Contract, together with all amendments and modifications, and if applicable, Grantee shall reimburse Owner for the penalties and interest, if any (including for any past payments received by Owner that must be repaid by Owner), assessed by the U S Department of Agnculture as a result of a tennmation of the CRP Contract (or any portion thereof) due to the location of the Project on the Property Owner shall cooperate with Grantee m completing and submitting documents to obtain any exemptions allowed under the Conservation Reserve Program for the use of the Project on the portions of the Property covered by a CRP Contract Rev121323 B-3 `dSLOW.V3S0LZ-33L8-60tib-GM-66LZ8ZSd al adolanu3 Lasnooa DocuSign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 EXHIBIT C Form of Recording Memorandum (see attached] ,,, ," (TO BE CONFORMED TO APPLICABLE COUN'rYY RECOR DING'REOIJIItEMENTSl 7 Rev121323 C-1 `d4LOW17390LZ-d3L8-l0174-aL7Z-66LZ8Z9V al edolenu3 aisnooa DocuSign Envelope ID C85F5273-9FC0-4BDA-88A9-FD4B7CF31967 This document prepared by: After recording return to: Reactivate CO Development LLC c/o Invenergy LLC One South Wacker Dnve, Suite 1800 Chicago, IL 60606 ATTN Land Administration THIS SPACE FOR RECORDERS USE ONLY MEMORANDUM{ OF SOLAR AND STORAGE EASEMENT AGREEMENT THIS MEMORANDUM OF SOLAR AND STORAGE EASEMENT AGREEMENT (this "Memorandum"), and effective as of the date of the last signature hereto, between Click or tap hei e to enter text (together with Choose an Item successors, assigns and heirs, "Owner"), whose address is Click of tap here to enter text, and Reactivate CO Development LLC, a Delaware limited habihty company (together with its transferees, successors and assigns, "Grantee"), whose address is One South Wacker Drive, Suite 1800, Chicago, IL 60606, with regard to the following: 1 Agreement. Owner and Grantee did enter into that certain SOLAR AND STORAGE EASEMENT AGREEMENT dated on or about the date hereof (the "Agreement"), which affects the real property located in Click or tap here to enter text County, Colorado, as more particularly described in Exhibit A attached hereto (the "Property") Capitalized terms used and not defined herem have the meaning given the same m the Agreement 2 Grant The Agreement grants, and Owner hereby grants, Grantee, among other things, (a) the exclusive nght to develop and use the Property, mcludmg, without limitation, for (i) converting solar energy into electrical energy and collecting and transmitting the electrical energy so converted, and/or (n) energy storage and collecting and transmitting the electrical energy so stored, (b) an exclusive easement to capture, use and convert the unobstructed solar flux over and across the Property from all angles and from sunrise to sunset at the Property during each day of the Term, and (c) an exclusive easement for electromagnetic, audio, visual, glare, electrical or radio interference attributable to the Facilities or Site Activities. The Agreement contains, among other things, certain Owner and third party use and development restrictions on the Property. 3 Purposes The Agreement is solely and exclusively for solar energy purposes (as such term is broadly defined, including ancillary nghts related thereto and necessary for the development and operation of Solar Facilities and/or Storage Facilities (as defined below)), and not for any other purpose, and Grantee shall have the exclusive nght to develop and use the Property for solar energy purposes and/or energy storage purposes and to derive all profits therefrom, mcluding but not hmited to the following activities (collectively, "Site Activities"). (a) Converting solar energy into electrical energy, and collecting and transmittmg the electrical energy so converted, (b) Stonng electricity and collecting and transmitting the electrical energy so stored, Rev121323 C-2 `d9LOb'Lb350LZ-d31.8-10bb-aLbZ-66LZ8Z9V al adolanu3 u6isnooa DocuSign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 (c) Determining the feasibility of energy storage, solar energy conversion and other power generation on the Property or on adjacent lands. including studies of solar energy emitted upon, over and across the Property and other meteorological data, environmental studies and extractmg soil samples, (d) Constructing, laying down, installing, using, replacing, relocatmg, reconstructing and removmg from time to tune, and momtormg, maintaining, repairing and, operating the following only for the benefit of the Project or Projects (as defined below) (i) energy -collection and electrical storage equipment of any land (the "Energy Storage Equipment" ),4(ii) overhead and underground electrical distribution, collection, transmission and communications,.hnes or cables, electric combiners, inverters, transformers and substations, energy, storage facilities, and telecommumcations equipment; (iii) roads and crane pads, (iv) control'buildinge, operations and maintenance facilities and buildings, and (vi) installing, operating; maintaining, repairing and replacing any other improvements, whether accomplished by Grantee or a third party authonzed by Grantee, that Grantee reasonably determmes are necessary; useful (kappropriate to accomplish any of the foregoing (all of the above, including the Energy Storage Equipment, collectively "Energy Storage Facilities") , "4 (e) Constructing, laying down, installmg, using, replacing, relocatmg, reconstructing and removing from tune to tune, and momtormg,z maintaining, repairing and operating the following only for the benefit ofthe Project or Projects (as defined below) (i) solar energy collection and electrical generatmg equipment of anytlid4(includng, without limitation, any such equipment utilizing photovoltaic (collectively, "Solar, Generating Equipment" and together with the Energy Storage Equipment, the "Equipment"), (u) &overhead and underground electrical distribution, collection, transmission and communications Imes or -cables, electric combiners, inverters, transformers and substations, energy -storage facilities, and telecommunications equipment; (iii) roads and crane pads, �i0,meteorological measurement equipment, (v) control buildings, operations and maintenance fgcilities and buildmgs, and (vi) installing, operating, maintaining, repairing and replacing any other improvements, whether accomphshed by Grantee or a third party authorized by Grantee -,,that Grantee reasonably determines are necessary, useful or appropriate to accomplish any of the foregoing (all of the above, including the Solar Generating Equipment, collectively rSolar Facilities" and together with the Energy Storage Facilities, the "Facilities") (f),, \ The tens "Project", for the purposes of the Agreement, means either (a) an mtegratedtso_lar' energy generation system, consisting of Solar Facilities, which is constructed and operated on the Property, and/or adjacent lands, by Grantee, or a third party authorized by Grantee, c and/or(bf an mtegrated battery storage system, consisting of Energy Storage Facilities, which is y constructed and operated on the Property, and/or adjacent lands, by Grantee, or a third party r �autlu razed by Grantee. Grantee may determme whether any particular group of Facilities { yM1 constitutes a single Project or multiple Projects for purposes of the Agreement, and in the case of 'multiple Projects, which portion of the Property shall be included within each Project 4 Grant of Additional Easements Owner hereby grants, conveys and warrants to Grantee the following additional easements upon, over, across and under the Property, and is owned or controlled by Owner, as of the Effective Date (a) Solar Easement. An exclusive "Solar Easement" in the Property to prevent measurable dimmishment in output from the Project due to obstruction of the sunlight across the Property. Without limiting the generality of the foregoing, Owner hereby grants and conveys to Company an exclusive easement on, over and across the Property for direct sunlight to any "Solar Energy Device" on the Property, as defined n C.R S. § 38-32 5-100.3(2), throughout the entire Rev121323 C-3 `d5LD`dLti390LZ-33L8-l014,-aLVZ-66LZ8Z9V (]I adolanu3 u6Isnooa DocuSign Envelope ID CB5F5273-9FCO-4BDA-88A9-FD4B7CF31967 Property to and for the benefit of the area existing horizontally three hundred and sixty degrees (360°) from any point where any Solar Energy Device is or may be located at any tune from time to time (each such point referred to as a "Site") and for a distance from each Site to the boundanes of the Property, together vertically through all space located above the surface of the property, that (1 is, one hundred eighty degrees 80°) or such greater number or numbers' of degrees'as may be necessary to extend from each point on and along a line drawn along the'surface from each point along the extenor boundary of the Property through each Site to each point:and on and along such hne to the opposite exterior boundary of the Property Neither Owner norzany person claiming through or authonzed by Owner shall (i) engage in any activity on the Property (whether by plantmg trees or other vegetation, constructing buildings or other structures; exploiting or preparing to exploit the subsurface property nghts or otherwise) that obstructs or impairs the availability of sunlight to the Property, or (ii) engage in any activity4which would cause the introduction of excessive dust for continued and prolonged penods of time onto the Property; (b) Interference. An exclusive easement for electromagnetic, audio, visual, view, light, noise, vibration, electrical, radio interference; or other effects attributable to the Solar Generating Equipment, Energy Storage Equipment, the Project or any Site Activities; (c) Access Easement ,A non-exchisive easement for ingress to and egress from the Project or Projects (whether located"on the Property, on adjacent property or elsewhere) over and across the Property by means of roadkand lanes thereon if existing or later constructed by Owner, or otherwise by such routcor, routes astrantee may construct from time to time, A r� (d) Other. Easements` All other easements reasonably necessary to accomplish the activities pemutted by the_Agr'eement, mcludmg without limitation, generation -tie and transmission hne easements, utility easements (including underground and above -ground gas, electricity, water, and telephone), drainage easements, and geotechmcal and environmental testing and sampling easements. 1� a 5 Term: The tern of the Agreement shall commence on the Effective Date and continue for the following described periods (collectively, the "Tenn"). -(a) Development Term The Agreement shall be for an initial term (the "Development 4Term") commencing on the Effective Date and continumg until the earlier to occur of. (a) Click or tap to entei a date months following the Effective Date or (b) the commencement of ,r; construction, however, the Development Tenn shall not expire due to the Limited Construction Activities. During the Development Tenn, Grantee shall have the right to enter the Property to investigate and determine the feasibility of obtammg entitlements, uhhty meters, interconnection points, and other agreements for Grantee's proposed solar and/or energy storage development Grantee shall be permitted to inspect the Property and take such measurements, recordings and photographs, and conduct such surveys and environmental, engineering, mechanical, structural, biological, cultural, geotechmcal, archaeological and other sunilar tests and studies, all as Grantee shall reasonably require to assess the suitability of the Property for the Facilities (b) Commencement of Construction. The terms "commencing construction" and "commencement of construction" as used herein shall mean that date on which Grantee begins grading of the Property for the installation of the Solar Facilities and/or the Energy Storage Facilities, provided, however, upon pnor consultation with Owner in which Grantee provides (i) reasonable detail sufficient to establish the necessity for limited construction activities to begin on the Property to satisfy the requirements of an investment tax credit as that term is defined by the regulations of the Internal Revenue Service, and (ii) a wntten proposal detailing the nature and Rev121323 C-4 d9LOW17350LZ-33L9-6014-aLbZ-66LZBZ9V O1 adoienu3 tasnooa DocuStgn Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 scope of the specific construction activities Grantee intends to undertake ("Limited Construction Activities"), Grantee may perform such Limited Construction Activities on the Prgperty`without triggering the commencement of construction as defined in the Agreement r 'r. �' '` (c) Limited Construction Activities During any period in which Y; Grantee is performing Limited Construction Activities, Grantee shall be required to (a) make all ongoing Development Term payments due under the Agreement plus the additional_payment descnbed m Exhibit B herem, and (b) make all applicable surface damage and Crop Compensation payments ansing from the Limited Construction Activities. If, at any time during Grantee's Limited Construction Activities on the Property, Grantee determines that its activities materially exceed the written scope of work originally provided to Owner, Grantee shallydetermme and notify Owner of such date when the Construction Term begms , s= (d) Construction Term. Upon the expiration of the Development Term, the term of the Agreement shall automatically extend and,coritinue ("Construction Term") until the earlier to occur of (a) the date on which Grantee begins p`r'oduction of electrical energy generated by substantially all of the Solar Generating Equipment to be included in the Project or (b) the commercial operations date of any Project (or`portion of a Project) consisting entirely of Energy Storage Equipment, or (d) the Click of taplrre to enter text anniversary of the Effective Date. Upon the occurrence of either subsection (a) or (b), that date, as declared by Grantee, is hereinafter referred to as the "Operations Date " `n J (e) First Extende` lgerm Upon the expiration of the Construction Term, the term of the Agreement shall automa-illy extend for an additional Click of tap hei e to enter text year L tern (the "First Extended, Term"). (f) ,� SecondiExtended Term. Provided that Grantee has not fully surrendered or terminated the. Agreement, then on or before the expiration of the First Extended Term, Grantee may, ants option,,extend the term of the Agreement for an additional Click of tap here to enter tetit: year period (the "Second Extended Term"). Provided that Grantee has not fully surrendered or terminated the Agreement, then on or before the expiration of the Second Extended Term, Grantesinay, at its option, extend the term of the Agreement for an additional Click of tap here -�r,,to enter text year penod (the "Third Extended Term") Grantee may exercise its option to extend 'the/Agreement for the Extended Terms by giving Owner written notice thereof on or before the date that is one hundred and eighty (180) days prior to the expiration of the previous Extended t' Tenn. 6 No Interference. Owner's activities and any grant of nghts Owner makes to any person or entity, shall not, currently or prospectively, disturb or interfere with the construction, installation, maintenance, or operation of the Facilities, whether located on the Property or elsewhere, access over the Property to such Facilities; any Site Activities; or the undertaking of any other activities permitted hereunder Without limiting the generality of the foregoing, Owner shall not erect any structures, plants or other equipment, or enter into any third parry agreements or amend or extend any existing agreements ("Third Party Agreements") or undertake any other activities (an "Owner Action" or collectively the "Owner Actions") that may. (i) interfere with Grantee's right to install Facilities on any portion of the Property, (n) potentially cast a shadow onto the Solar Facilities, (iii) cause a decrease in the output or efficiency of any Facilities, (iv) interrupt the flux of solar energy upon, across and over any portion of the Property used or to be used by the Solar Facilities, or (v) otherwise mterfere with Grantee's operations on the Property (each an "Interference") Prior to undertaking an Owner Action, that may cause an Interference, Owner shall consult with Grantee to confirm that such Owner Action will not cause any Interference. If Grantee reasonably determines the Owner Action could cause an Interference, then Owner Rev121323 G5 `dSL0VLti390LZ-33L8-10b7-aL4Z-66LZ8Z9V al adolenu3 u6isnooa DocuSign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 shall not be permitted to undertake such Owner Action Owner shall not disturb or, to the extent pennitted by apphcable law, permit the disturbance of the subsurface such that may impact in any waythe structural mtegnty or the operations and maintenance of the Facilities. Further, notwithstanding the foregoing Owner agrees that it will notify Grantee in writing within ten (10) days after it receives any, notice of mineral exploration or development in, on, or under the Property, and such notice shall �mclude a copy of any documents and mformation provided to Owner in relation to the notice. Owner and GranteeOhall cooperate in good faith and work jointly as to, and each party shall be permitted to participate -m„ any (i) response to any such notification, (n) negotiation with any mmeral nghts holder; `includingwithout limitation acceptance or rejection of any surface use and compensation proposal and/oi entry into any surface use and compensation agreement to Grantee's satisfaction; (iii) enforcementofthe rights of the surface owner as set forth in the Surface Owner Protection Act, including without limitation recovery of costs and attorneys' fees and (iv) pursuit of compensation for damages associated with mineral,exploration and development in, on or under the Property Grantee shall have the right to tnmv XiStmitrees to maintain approximately their same height and width as exists as of the date hereof for the purpose of not interfering with the flux of solar energy from any angle upon, across and over the Property. Owner agrees not to develop, co -develop, acquire or otherwise participate in any solar or energy storage:,' related project or projects with an aggregate output m excess of 500 kilowatts within any area if is within five (5) miles of the Project. 7 Assignment (a) Collateral Assignments, Grantee shall have the absolute nght in its sole and exclusive discretion, withoet obtaining the consent of Owner, to finance, mortgage, encumber, hypothecate, pledge or transfer, to' one or more Mortgagees any and all of the nghts granted hereunder, including the:easements granted in Sechon 2, and/or any or all rights or interests of Grantee m the Property main any or all of the Facilities �r (b) Non -Collateral Assignments Grantee shall have the nght, without the prior consent of Owner, to sell, convey, assign or transfer (including granting co -easements, separate easements, subeasements) any or all of its rights hereunder m and to any or all of the Property provided sucli transfer is related -to a Project. Grantee shall be relieved of all of its obligations ans:11100er the Agreement, as to all or such portion of its interests in the Property transferred, },froiirand`after the effective date of such transfer, provided such rights and obligations have been assumed by such transferee (c) Acquisition of Interest The acquisition of all interests, or any portion of mterest, w in Grantee by another person shall not require the consent of Owner or constitute a breach of any provision of the Agreement and Owner shall recognize the person as Grantee's proper successor 8 Rights of Mortgagee. Pursuant to the Agreement, any Mortgagee of Grantee or Grantee's assignees has certain rights regarding notice and right to cure any default of Grantee under the Agreement, and the right to take possession of the Property, and to acquire the leasehold estate and the easement interests by foreclosure, as well as other rights as set forth m the Agreement 9 Ownership Owner shall have no ownership, lien, security or other interest in any Facilities mstalled on the Property, or any profits denved therefrom, and Grantee may remove any or all Facilities at any time 10 Termination Right. (a) Grantee shall have the nght to terminate the Agreement as to all or any part of the Property at any time and without cause, effective upon written notice to Owner from Grantee. Rev 121323 C-6 `dSLDb'LI73S01Z-33L8-1017 t ILVZ-66LZ8ZS'd 01 edolenu3 tasnooa DocuSign Envelope ID CB5F5273-9FCo-4BDA-88A9-FD4B7CF319&7 (b) Upon termination of the Agreement, Grantee shall, as soon as practicable thereafter, but not later than twelve (12) months after the termination, remove above -ground and below -ground (to a depth of three (3) feet below grade) Facilities from the Property (the "Remediation Tenn"), without additional charge or rental for such entry and removal, and without such entry constituting a holdover. All Property disturbed by Grantee shall be restored to a condition reasonably similar to its ongmal condition as it existed upon the Effective Date. 11 Miscellaneous a. �a (a) This Memorandum does not supersede, modify, amend or..otherwise;change the terms, conditions or covenants of the Agreement, and Owner and Grantee -,executed and are recording this Memorandum for the purposes set forth herein and for providing,constructive notice of the Agreement and Grantee's rights thereunder and hereunder"' The terms, conditions and covenants of the Agreement are set forth at length m the Agreement and are incorporated herein by reference as though fully set forth herein This Memorandum,shall not, in any manner or form whatsoever, alter, modify` or vary the terms, covenants and conditions ofthe Agreement. (b)` t a This Memorandum shall also bind and;bene_fit, a the case may be, the heirs, legal representatives, assigns and successors of the respebtive parties hereto, and all covenants, conditions and agreements contained herein shp lie const Ved as covenants running with the land to the extent consistent with applicable law. (c) This Memorandum mays be executed in counterparts, each of which shall be deemed an original and all of which when. taken together shall constitute one and the same document [signature page to follow] y Rr- Rev121323 C_7 ` 9LD`dLti3SOLZ-AL8-104ti-aLVZ-66LZ8ZSV 01 adolanu3 u6isnooa DocuSign Envelope ID CB5F5273-9FC0-0BDA-88A9-FD4B7CF31967 By. Name: Title Date of Signature. IN WITNESS WHEREOF, the parties have executed this Memorandum to be effective as of the date of the last signature hereto ;,. OWNER: GRANTEE. O'VVNER NAME By: Click of tap here to enter text Reactivate CO/Development LLC a Delaware liimted liability company 'Nape: \,/Date of Signature. Click or tap to enter a date• ;� n Trtle: ' Date of Signature: ti 4 Rev121323 C-8 V9L0Wt3901Z-d3L8-1.01717-4LVZ-66LZ8ZW GI edolenu3 u6isnooa DocuSign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 ACKNOWLE'r,GiVl[ENT OF OWNER STATE OF FLORIDA ) ss COUNTY OF ORANGE • y� �h rn wh• The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this - day of _ 20 by`'qiav of tap here to enter text who produced Click or tap here to enter text as form of identification. Signature of Notary Public - State of Florida =tip, i t „Print, Type, or Stamp Commissioned Name of Notary Public �k A� 1 --,,,,ACKNOWLEDGMENT OF OWNER STATE OFz ti COUNTY -_OF , r ) ) ss. Before me, a Notary Public m and for the State of personally appeared k as of Reactivate , a Delaware limited liability company, who acknowledged the execution of the foregomg instrument on behalf of said entity. Witness my hand and Notarial Seal this day of 20 (SEAL) (signature) (printed name) Notary Public Rev0 D_g V9LOVLti3S0LZ-d3L8-L0t1h-aLtZ-66LZ8Z9V O1 edoienu3 u6isnooa Docu5ign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31987 EXIIMIT A to the Easement Memorandum Description of the Property [ENTER LEGAL DESCRIPTION] 'C9t Rev121323 C-10 VSLOHLb3S0LZ-33L8-60V4-aLtZ-66LZ8ZSd a edolanu3 Aisnooa DocuSign Envelope ID CB5F5273-9FC0-4BDA-B8A9-FD4B7CF31967 IE+ XIIIBI'I' ID Farm Leases None Rev121323 D-1 V9L0dLti390LZ-33L8-1.0.1,17-0LVZ-66LZ8Z9d 01 edolanu3 u6isnoo0 DocuSign Envelope ID CB5F5273-9FC0-4BDA-88A9-FD4B7CF31967 EXHIBIT E Special Conditions APN: 071119000023 The area denoted by pm stripe shall be excluded from project boundary Rev121323 E-1 V9LDHL43S0LZ-33L8-L044-aL4Z-66LZ8ZSV CI adolanu3 u6isnooa DonSign Envelope ID: C135F5273-9F BDA-88A9-F154B7CF31967 4970122 07/10/2024 08:04 AM Total Pages: 9 Rec Fee: $53.00 Carly Koppes - Clerk and Recorder, Weld County , Co This document was prepare by: .ter recording return to: Reactivate Co Development LL c/o Invenergy LUC One South Wacker Drive, Suite 1800 Chicago, 1L 60606 ATTN Land Administration THIS SPACE FOR RECORDERS USE ONLY MEMORANDUM of SOLAR AND STORAGE EASEMENT AGREEMENT THIS MEMORANDUM AND OF SOLAR AND STORAGE EASEMENT T AGREEMENT (.this "Memorandum"), and effective as of the date of the last signature hereto between een Juan Pablo Gomez Menthols, a single man (together with their successors, assigns and heirs "Owner"), ��° ), hosaddress i 37786 County Road 49, Eaton, CO 80615, and Reactivate Co Development liability company with ' � LL�� el�are Ir��rted Pits transferees, successors and assigns, "Grantee"), " hose adores South �a.ei�er Drive, site 1800, �� s is �� , Chicago, IL 60606, ATTN Land Admi stration, with regard to the foil owing: g 1. Agreement, Owner and Grantee e did enter into that certain SOLAR EASEMENT AGREEMENT dated �STORAGE d on or about the date hereof (the "Agreement"), which effects the real propel ty. located in Weld County, Colorado, as more particularly described in Exchibit the "Property"). �'�pitalized tens used and not defined . , attached hereto n �. herein have the meaning given the same in the Agree ent_ Grant. The Agreement grants, and owner hereby rants, Grantee, anion the exclusive right to develop �� e g � g other things, (a) r p the Property, including, without limitation, for (i) converting solar energy into electrical energy and collecting and transmitting the electric g . � al energy so converted; and/or (ii) energy storage and collecting and transmitting the electrical energy so stored; � an exclusive capture, use n+� convert t - � � � easement to he unobstructed solar flux over and across the Property from l angles and from sunrise to sunset at the Property during each day of the Terre; and (c) an exclusive easement for electromagnetic, audio, visual, glare, electrical or radio interference attributable c. le to the Facilities or Site Activities. The Agreement contains, among other things, cenain Owner and third h�t'd party use and development restrictions on the Proper. . Purposes, The Agreement is solely and exclusively for solar energy purposes is broadly defined, including gill rights related � � es has such tern ±� g.thereto and necessary for the development and operation of Solar Facilities andi`or Storage Facilities f as defined below)), and not for an and Grantee shall .other purpose, r� have the exclusive to develop d use the Property for solar l� � energy purposes and/or energy storage purposes and to derive all profits therefrom, including but not limited to the following activities (collectively, "Site Activities"): (a) Converting solar energy into electrical energy, and collecting �itti.�ag the . and trans electrical energy so converted; (a) Storing electricity grid collecting and transmitting the electrical energy so stored; DowSign Envelope ID: CB5F5273-9FCCI-4BDA-88A9-F041-870F31967 4970122 07/10/2024 08:04 AM Page 2 of 9 (c) Determining the feasibility of energy storage, solar energy conversion generation on the Property �� `�� including ers�on and other l� adjacent lands, including studies of solar energy emitted upon, over and across the Property and other meteorological data, environmental studies and extracting soil samples; (d) Constructing, laying down, installing,��r� replacing,a e �, relocating, reconstructing and removing from time to time. and monitoring, re maintaining, repairing following only for the benefit of the Project � � and operating the or Projects (as defined below). 0) energy collection and electrical storage equipment of any kind (the "Energy Storage StEquipment"); y:. . u�dunderground electrical distribution,_ � �_rr� overhead and collection, transmission and communications lines or cables electric combiners, inverters, transformers and substation _ � energy storage facilities, and telecommunications equipment; (iii) roads and � � crane pads; (i) control buildings, operations and maintenance facilities and buildings; and (vi) installing., operating, - o " l� a � maintaining, repairing and replacing an other improvements, whether accomplished h Grantee ` p � �r a thud party authorized by Grantee, that Grantee reasonably determines are necessary, any of the foregoing �, useful or appropriate to accomplish (all of the above. including the Energy Storage Equipment, coll "Encollectively "Energy Storage Facilities") (e) Constructing, laying down, installing, using, re lacin rel grad removing from. tine to time � g � g� ocatrn.g, reconstructing, and monitoring,. maintaining, repairing and operating the following only for the benefit ofthe Project or Projects as defined c - ,� � below) soles energy collection and electrical generating equipment � � of any kind (Including, without limitation, any such equipment utilizing photovoltaic (collectively, "Solar Generating Equipment" and together with the Energy Storage Equipment, the "Equipment") (ii) overhead and under collection transmission and ground electrical distribution, communications lines or cables, electric combiners, inverters, transformers and substations, energy storage facilities, arc mnicatitelecoms u ` . � ons equipment; (iii) roads and crane pads; (iv) meteorological measurement equipment; operations aid maintenance facilities �� control buildings,, tes and buildings; and (v1) installing, operating, maintaining, repairing and replacing any other improvements, whether accomplished " ;sparty � � hed by grantee or a third pa authorized by Grantee, that Grantee reasonably determines are necessary, accomplish any of the foregoingon useful or appropriate to g g (all of the above, including the Solar Generating Equipment. . E. ui ment. collectively "Solar Facilities" and together with the Energy Storage Facilities, the "Facilities"). + The term "Project", for the purposes of the Agreement, integrated solar energy earns either �a} an l g system, � tem, consisting of Solar Facilities, which is constructed and operated on the Property, and/or adjacent lands, by Grantee or a third `� and/or rf j�(.�}yy {�j integrated battery storage p�'��p consisting 9 �� authorized � �e d by Grantee, co��str�rcted �.�]�- 1J�ra�Br�� ' storage Facilities., l�tc is p on the Property, and/or adjacent lands by Grantee, or a third a authorized by Grantee. Grantee may determine whether party � particular group of Facilities constitutes a single Project or multiple Projects for purposes of the A. � � c t`l�" Agreement, and. in the case ofmulti le Projects, which portion of the Property shall be included within ac� ` each Project. o rant of Additional Easements. Owner hereb an the following additional Baser ' � �� on�cy� aid cants to grantee menu upon„ over, across and under the Property/ and is owned or control by Owner, as of the Effective Date: led " (a) Solar Easement. All exclusive 'Solar Easement" in the Pro measurable diminishment in output from the Project dui �e� to prevent Property, 'it1� �limiting� to obstruction �f the ��.l��h�across �h Without the generality of the foregoing, Owner hereby grants and cone Company an exclusive caseunent on, over and across the Pr conveys to Energy Device" on the Property, Property for direct s�r�ligl"i�: to any. "Solar r perty, as defined in C.R.S. 38-32.5-100.3(2), throughout the entire DowSign Envelope la CS5F5273-9FC0 BDA-88A9-ED B7CF31967 4970122 07/10/2024 08:04 AM Page 3of9 Property 4o and forthe benefit of the area. �existing horizontally y three (360°) from .� point where � � hundred ��d sixty deees e any Solar Energy Device is or may be located at an time from ` to time {:each such point referred to �. �{itc'~ and for �. � � n� tie of the � distance from each ate to the boundaries Property, together vertically through all space located above is, one hundred eightyde �� the surface of the Property, thatsp` s (18o°) or such greater number or numbers of de rees as ma b necessary to extend from each point n and al.on -� � along the exteriorboon � �. line drams u along the ��-��.�� .from each point dary ofthe Property through each Site to each point and on and along line to the opposite exterior boundary of the Property, � r �. o ��, such through or authorized Neither Owner nor ar�� person claiming g ed by Owner shall (0 engage in any activity on the Property (whether trees or other vegetation, constructing buildings � � � �� by planting buildin s or other strictures, exploiting or preparing to exploit the subsurface proper,, rights or of-ierwise ur�li ht to � that �obs truets� or impairs the availability of tide Property; or (ii) engage in any act.ivity which would excessive dust for continued � case the introduction of acid prolonged periods of time onto the Property; b) Interference. An exclusive easement for electromagnetic, light, noise, vibration, electrical, radio interference, audio, visual, �rie�v or other effects attributable to the Solar Generating Equipment, Energy Storage Equipment, the Project or .� any SiteActivities; (c) access Easement. A non-exclusive easement for ingress Project or Projects (whether located On g ess to and egress from the the property, on adjacent proper or elsewhere over and across the Property by rues of roads and lees thereon i� f existing or later constructed by Owner, or otherwise by such route or routes as Grantee may construct from 'p-�p A 11 time �� time; g (de) Other Easements. All other easements reasonably ne activities permitted by the Agreement, eeincluding acessa to aeeo��Irsh the mirth -out I��Irtat�on, gez�eratao�nat_e and transmission line easements, utility ease. -cuts (including underground and above -ground gas, electricity, water, and telephone, drainage easements, and geotechnical and environmental {�� # nentaal. testing and samplingease.mei its. 5. Term The term of the Agreement shall commence on the Effective the following described periods (collective) the Date and continue .for y9 e "Term"): eet� (a) Development Tenn. The Agreement shall be for an initial to Term") commencing on the Effective � the "Development Date and continuing until the earlier to occur of: (60)months folloing theEffective mate or bt (a) ( � he commencement of construction, however, the Development Tenn shall not expire due to the Limited C ' Activities.. ° on�truet�on et��t�es. During the Development Term, Grantee shall have the right to enter the g Property to investigate and detenninc the feasibility of obtaining entitlements, utility meters interconnection agreements for Grantee's proposed solar and/or � eetror� points, and other' � o energy storage development grantee shall be permitted to inspect the Property and take such measurements r co e Fdings and photogaphs, and conduct such surveys and environmental, engineering,mechanical, eala structural, biological, cultural geotechn-ical, archaeological and other similar tests and studies, as -1 as Gr antee. shall reasonably require to assess the suitability of the Property for the 1-°'aciiities, (b) Commencement of Construction. The terms "come " "commencement of construction" as used herein "commencing construction" and shall one that date on which grantee begins y grading of the Proper for the install�on of the Solar Facilities 9 and/or the Energy Storage Facilities, provided, however, upon prior consultation with Owner in reasonable detail sufficient to establish the which grantee provides (r} .necessity for limited constnict on activities to begin on the Property , credit to satisfy the requirements of an investment t dit a t g regulations of the internal Revenue (iishat ter�-n rs c�e�ned by the ervice, and ) a written proposal detailing the nature and scope of the specific construction activities Grantee intends to and("Limitederta�e Construction Docusign Envelope ID: CB5F5273-9FC04B A -88A9 -F B7CF31967 4970122 07/10/2024 08:04 AM Page 4of9 Activities"), Grantee may perform such Limited Constriction activities on the Property without triggering the commencement of constmetion as defined in the Agreement. (c[) Limited Construction Activities. During an period in � � which Grantee is performing Limited Construction Activities, Grantee shall be required t Development Term payments � � (a) make all ongoing 1 is clue under the Agreement plus the additional payment described in Exhibit 8 herein; and (b) make all applicable surface damage and Crop arising from the Limited Construction p Compensation payments .activities. lf, at any time duringGrantee's Limited Construction Activities on the property., Grantee determines that its activities materially written scope of work originally provided to � determine exceed the p Owner, Grantee shall determine and notify Owner of such date \when the Construction Terra begins. (d) Construction Tern. Upon the expiration of the Development Tenn, the Agreement shall automatically emote p �� the terms of extend and continue ("Construction Term") until the earlier to occur of: (a) the date on which Grantee begins production of electrical energy substantially all of the Solar Generating Equipment generated b� pment to be included in the Project or (b) the commercial operations date of any Project (or portion of a Project) consisting � ) entirely of Flnei•�-y � Storage Fquipin.cnt; or (d) the i hth nth anniversary of the Effective Date. Upon the occunence of either subsection (a) or (b)y that date, as declared by Grantee is hereinafter naf�er referred to as the "Operations Date." (e) First Extended Team. Upon the expiration ofthe Construction Ter t the Agreement shall automatically . extend �~ " the term o � or an additional Thin -five (3 5) year tern (the "First Extended Term"). (t) Second Extended Term. Provided that Grantee has not terminated the Agreement, then fully surrendered orh n on or before the expiration of the First Extended Tenn, Grantee may, at its option., extend the teen of theAgreement _ for an additional " e �t�onal Five j) year period (the "Second Extended Tenn"). Provided that Grantee has not frill surrendered ` Agreement, then are or before the expiration � or terminated the p of the Second Extended Term, Grantee may, at its option, extend the term of the Agreement for an additional Five 5 e • v � ) year period (the "Third Extended Tenn"). Grantee may exercise its option to extend the Agreement for t by IYl ��rncr written notice t � he Extended Terms giving hereof on or before the date that is one hundred and eighty 1 o days prior to the expiration of the p Extended previous Extend Tenn ( ) . No Interference. Owner's activities and any grant of rights Owner � makes to and person or entity, shall not, currently or prospectively, disturb or interfere with: construction, installation, maintenance, or operationof the Facilities, whether located on the Pro Propertyto such Facilities; pal or �l elsewhere; access over the any Site Activities; or the undertaking of any other activities hereunder. Without limiting the generality of the fore. les permitted foregoing, finer shall not erect any structures, plants or other equipment, or enter into any third paw agreements or amend or extend �t any existing agreements Party Agreements") or undertake any other activities (an "Owner Action" or "Owner Actions") that may: ($) interfere with ranter % �;�t��l�r the right to install Facilities on n potion of the Property, (ii) potentially cast a shado i onto the Solar Facilities (iii) cause a decrease in the output or efficiency of any Facilities, (iv) interrupt the fI of solar energy upon, across .Pro e r� � and over any portion of the p r used or to be used by the Solar Facilities, or (v) otherwise interfere with Grantee's ee � � operations on the Property (each an "Interference"). Prior to undertaking Owner � an - er ction, that may case an Interference, Owner shall consult with Grantee to confirm that such Ow 4 Interference. If grantee reasonably dote Owner Action will not cause any. determines the 'owner Action could cause an Interference, then Owner shall not be permitted to undertake such Owner Action_ Owner shall not disturb or, to the extent permitted by applicable law, permit the disturbance of the subsurface such that may impact in and way the structural DowSign Envelope ID: CB5F5273---9FC 3DA-8BA9-FD4B7 F3196 ' 4970122 07/10/2024 08:04 AM Page 5of9 integrity or the operations and maintenance of the Faeilities. Fuheri, notthsta.ndrng the foregoing, Owner agrees that it will notifS7 Grantee in writing within ten(10)das a. r ' °rexlaration � � �t receives �� notice ��` mineral or development in, on, or tinder the Property, and such notice shall ° documentsand informationrovided to �� ll �nclude a copof any Owner in relation to the notice. Owner and Grantee shall cooperate in food faith and work jointly as to, and each party shall �� _ � ate � � permitted to participate in, any (i) response to any such notification; (ii) negotiation with any mineral rights holder, ` acceptance or rejection ��` � der, including ��9�tho�t. limitation ,� any surface use and compensation proposal and/or entry into any surface u se and compensation agyeement to Grantee's satisfaction; (iii.) enforcement of the rights ace nor Protection �� the surface owner as set forth in the surf ction Act, including without !limitation recovery of costs and attorneys' fees and (iv) pursuit ofcompensation for damages associated with � �' mineral exploration and development in, on or under the .property. Grantee shall have the right to trim existing trees maintain height a.xxd. width a.� exists of`t � to ��a�r�ta.�n approximately their same h cute hereof the purpose ofnot interfering with the flux of energy from. any angle upon across and over theProperty_ ��.! a.r Owner agrees not to develop, co -develop, acquire or otherwise participate in any solar o�- ever storage related b � �' � � project or projects �v�tlr an aggregate output in excess of 500 kilowatts within any area that as within five n� '(5) miles es ��` the Project 7. Assignment. (a) Collateral Assignments. Grantee shall have the absolute right in its soli and exclusive discretion, without obtaining the consent of Owner, to finance, transfer to one or � mortgage, encumber, hypothecate, pledge or .ore Mortgagees any and all of the rights granted hereunder, including the easements granted in Section 2andf Grantee in the Property or in � � or any or all rights or interests of p any or all of the Facilities. (h) Non -Collateral Assignments. Grantee shall have the right, consent of owner, to sell without the prior convey, assign. or transfer (including granting ca --easements, se arate easements, subeasements) any or all of its rights hereunder in and to p provided such transfer is related to a any or all �� the Property Project. Grantee shall he relieved of all of its obligations m sing under the Agreement, as to all or such portion of its interests i from and after the effective date m the property transferred. e of such transfer, provided such rights and obligations have bee assumed by such transferee. � n (c) Acquisition of Interest. The acquisition of all interests or any portion of interest, in Grantee by another person shall not require the consent of Owner ' prevision �a�~the A�eerr�ent and Owner shall constitute � breach of any recognize the person as Grantee's proper successor. $a Rights of Mortgagee. , pursuant to the Agreement, Mortgagee �" � an of Grantee or Grantee's assignees has certain rights regarding notice and right to cure osse * ' an dy 1 and the ��n ht to tape yefu t o� Grantee under the Agreement, possession of the Property, and to acquire the leasehold estate and the easement interests by foreclosure, as well as other rightAgreement. as set forth in the �cnt - Ownership, Owner shall have no ownership, I i ett. ceexnity or ether interest in an Fait i.H UI QS �nsraiied on the Property, � � P , or any profits derived then efronr, and Grantee may remove an all Facilities any time y or l�tc� at 10. Ter .ination Right, (a) grantee shall have the right to terminate the AD -cement as to all or on Property at any time and without cause, effective a � � � part of the � written nonce to owner from Grantee.. (h:) Upon termination of the Apeement, Grantee shall, as soon a ` thereafter. but not later than delve(12)months � pr�et�ea..hlc t after the termination, remove above -ground and Do Sign Envelope El: l: CB5F5273-9FC0-4BDA-88 9-F1 B7CF31967 4970122 07/10/2024 08:04 AM Page 6of9 below -ground (to a depth of three (3) feet below grade) l� from��Rernedation Term�� ° - ow � � Facilities from Property (the ), without additional charge or rental for such ent r and removal, d ' such en� without constituting a holdover. All propel disturbed h Grantee shat condition reasonably similar to i,�� - � � he restored t� � original condition as it existed upon the .Effective Date{ 1 I. Miscellaneous_ (a) This Memorandum does not supersede, modify, emend � tens conditions � �° otherwise change the tions or covenants of the Agreement, and Owner and Grantee exec recording this Memorandum for the � executed mod. �° purposes set forth herein and for providing constructive notice of the Agreement and Grantee's rights thereunder and hereunder. The terms, conditions and covenants of the Agreement are set forth at length in the Agreement and are incorporated ' reference �.s though f�.11 set ��h herein. �- rp�r�ted herein h� ' This Memorandum shall note in any moaner or form 'whatsoever, alter, modify or vaiy the tern, covenants and conditions of the Agreement, (h) This Memorandum shall also hind and benefit, as the ease a representatives, assigns and successors � be, the hers, legal sors of the respective parties hereto, and ail covenants, conditions and agreements contained herein shill he construed as cove to the extent consistent with applicable l . nuts running with the land a. (_e) This Memorandum ndum may be executed in °Dante � each of l� deemed an original and all of � 4 which shall he which hen t ern together shall constitute one and the sane document. [signature page to follow] Dora]Sign Envelope ID: CB5F5273-9FC0-4B A-88A9-FD4B7 F31987 4970122 07/10/2024 08:04 AM Page 7 of 9 IN WITNESS WHEREOF, the parties have executed this Memorandum date of the lit signature hereto. t� �� g�� the OWNER: Jinn Pablo Gomez Mndi l jpian Tablet Gomez biendfiga Juan Pablo Gomez Mend Iola Date of Signature: May 13 024 GRANTEE: TEE o Reactivate CO Development LL a Delaware limited liability Copan DocuSagned by: Utopia ML Name: utopia Hi Tits : manager Date of nature: Design Envelope ID: CB5F527 -9ECO- 8DA-88A9—FDLIB7CF31967 4970122 07/10/2024 08:04 AM Page 8of9 STATE OF FLORIDA COUNTY OF ORANGE ACKNOWLEDGMENT OF OWNER The foregoing instrument was acknowledged before me by means of physical presence or NI online notarization this 13th day of May 2024 by Juan Pablo Gomez Mendiola who produced co Driver License as form of ors_ jeans of dives, \c 9,1sfrik BUD Lal t � 4es- " ar'^ .�- day/ uB � �' 4- - \�� 0/c/If�! 111i�#\�tir r r Ms, Onin. Expires i 1 /17/2024 I re_ i4.H54814 STATE OF 1(44 A10 COUNTY OF COO glitoshpf3i DigRally signed by Sandra Burgos Bate- 2024.05.13 09:22152 '00* Signature ofNotary Public - State of Florida Sandra Burgos Print, Type, or Stamp Commissioned Name of Notary Public ACKNOWLEDGMENT OF GRANTEE Before me, a Notary Public in and for the State of Wed a, H7 i � , as jc,t444410i-C: personally aged eir of Reactivate , a Delaware limited Habilit company, who acknowledged the i execution of the foregoing instrument on behalf of said entity. Witness my handand Notarial deal this � day �f / Ot-, OFFICIAL -SQL ARM L- PAIGE Notay l4 She of Illinois Commission 660127 ! Comma Expires September 20, 2027 (sigmature) f (printed name) Notary Public DocuSign Envelope ID: C85F5273-9FC0-41BDA-88A9-F04B7C 31987 4970122 07/10/2024 08:04 AM Page 9of9 EXHIBIT A ttl the Easement Memorandum ilescrw�tio� a�f tie �'ror��M API's: 071119000023 The North half of the Northwest Quarter of Section 19, Township 7 North, Range 64 Wept of the oth Principal Meridian, County of Weld, State of Colorado, ;:; Reactivate An Invenergy Company Surface Use Statement Reactivate is aware of the requirement to investigate sub -surface agreements and obtain the required surface -use agreements on the site in order to acquire a permit for the project. At the time of submittal, Reactivate has engaged in mineral title search which provided information on one sub -surface owner. Upon further discussion and consulting with a Title Examiner, it was confirmed that one mineral lease exists in the project area. Reactivate intends to pursue surface -use agreements with the sub -surface owner and will confirm any updates with Weld County as received. Owner: Anadarko Land Corporation, a Nebraska corporation P.O. Box 1330 Houston, Texas 77251 Lessor: Noble Energy, Inc., successor -in -interest to U.S. Exploration Holdings, Inc. 1099 18th Street, Suite 1500 Denver, Colorado 80202 ;:; Reactivate An Invenergy Company Utility Interconnection Reactivate is a community solar energy facility developer. The interconnection process for community solar varies from requirements that are within utility -scale solar projects. As a community solar company, we aim to connect to the electrical grid at the distribution level lines (12.47kV in this case). Connecting to this lower voltage is a much less onerous interconnection process than connecting to higher voltage lines. We will still seek an interconnection agreement, but that process is expected to take 3-6 months. The first step for the distribution level voltage connection is to do a pre -app with Xcel energy. At the time of application for the USR permit, Reactivate has performed apre-application with the utility and received preliminary capacity results from Xcel on 08/12/2024. Please see attached for evidence that we are through the pre -application step and there is adequate capacity for us to connect this project at this location. See Exhibit A Exhibit A Please see directions below for online payment. If preferred, fee(s) can always be paid traditionally via check wire and form. • Fee invoice:,$) are available now on the Wells Fargo payment site. • the invoice(s) are ready for online payment, • Payments will post to the applicable application ID the day after payment is made to Wells Fargo (another 24 hours). • Please enter Pnrnarp Authorization Code 5R-12442410 and Secondary AuthonzatIon Code 69612 to complete online payment with Wells Fargo. • Primary and Secondary cosies are unique to your account. Once an account is set- up, you can use the same codes for each application as needed. • Credit card payment will not be accepted. Payment Details: Item Description Fnrginppriny Prot SK Free %-e Invoice Number v Amount Due v Due Date CS0?,1.390-PN-0084.169 51,2O0.00 Dot 19, 70�A NI* Payment Status Received Please click the 'Pay Fee Online' button for online payment Pay Fee Online �7 Xcel Eaergyg RESPONSIBLE IT NATURE'. Distributed Energy Resource Interconnection Pre -Application Data Report- Colorado Date: 8/12/2(124 Requestor Contact Information Company Name: Contact Name: Address: Phone #: Email: Reactivate DevCo, LLC Brianna Acheampong 2045 W Grand Arne Ste B, PMB 52340 7089673280 acheampong@reactivate.com Project Information: Project Name: RDC CO Weld County Rd 49 One DER Nampelate Rating(Iv W): 4.5 Number of phases: Three Phase DER Type: Solar PV Service Voltage: Other v/ph Stand-alone Generator? Yes Existing DER? New DER(s) Location of Existing DER: County of Existing DER: Proposed Point of Common Coupling Street Address: City/State/Zip Code: County: San Miguel Cross Streets: Latitude: 40,56535425 Longitude: -104.6013069 Meter #: Other Identifying Info: Utility Equipment #: 113731730 Xcel Energy has identified the substation/area bus, bank or circuit likely to serve the proposed Point of Interconnection (POI). This selection by Xcel Energy does not necessarily indicate, after application of the screens and/or study, that this would be the circuit the project ultimately connects to. Pre -Application Reports will only include pre-existing data and do not obligate Xcel Energy to conduct a study or other analysis of the proposed DER in the event that data is not available. If Xcel Energy cannot complete all or some of a Pre -Application Report due to lack of available data, Xcel Energy will provide the Interconnection Customer with a Pre -Application Report that includes the data that is available. The provision of information on "Available Capacity" does not imply that an interconnection up to this level may be completed without impacts since there are many variables studied as part of the interconnection review process. The distribution system is dynamic and subject to change and data provided in the Pre - Application Report may become outdated at the time of submission of the complete Interconnection Application. Xcel Energy will, in good faith, include data in the Pre -Application Report that represents the best available information at the time of reporting. 0 lice! Energys RESPOMSI•tE BY NATURE'''. ThegraY highlighted data in the gray highlighted fields below are "Confidential Information", are non- public, and are subject to the Confidentiality Agreement required for PSCo Pre -Application Data Requests, as well as the confidentiality provisions contained in the signed Pre -Application Report Request Form. Please refer to the Public DER Queue available at PSCo SRC Developer Resources to review the current queue at the below Feeder. Please note that queues with many projects On Hold may have long duration before any study results will be available. Substation Substation Name: Eaton Substation Transformer: EATO TR2 Transformer Rating (MVA): Transformer Peak Loading (MVA): 12.603 13.131 Transformer Daytime Min Loading (MVA): Feeder LTC or Regulator: LTC 3.852 Feeder Name: EATO2002 Feeder Rating at head end (MVA): 12.959 Feeder Peak Loading at head end (MVA): _ 13.131 Feeder Daytime Min Loading at head end (MVA): Existing Front -of -the -Meter Generation (MW): Queued Front -of -the -Meter Generation (MW): Aggregate Existing Generation (MW): Aggregate Queued Generation (MW): Available Transformer Generation Capacity (MW)*: Feeder Voltage (kV): Existing Generation on feeder (MW): Total Queued Generation on feeder (MW): Available Feeder Generation Capacity 3.852 at the head end (MW)*: 0.000 5.980 0.911 5.053 5.279 12.47 0.911 6.053 5.629 *assumes existing generation operating at 0.95 power factor. Similar to Xcel Energy's planning standards for load, aggregate front of the meter DER export capacity is allowed up to 75% of the limiting equipment continuous rating, which could be at the substation transformer or feeder level. This value does not account for other potential impacts that could be identified with a more detailed review or study. Point of Interconnection Nominal Voltage at POI (kV): Spot/Grid Network, or Radial Feeder: Radial 12.47 Number of phases: If not 3 -phase, circuit distance to 3 -please: Circuit distance from POI to Substation (feet): 1 10,425 53,504 ti lice! Energy* nESPON:ISILE BY natUSE” The gray highlighted data in the gray highlighted field's below are "Confidential Information", are non- public, and are subject to the Confidentiality Agreement required for PSCo Pre -Application Data Requests, as well as the confidentiality provisions contained in the signed Pre -Application Report Request Form. Protective Devices and Regulators between Site and Substation Device 'Size/Type Fuse 15Amp/Cutout Regulator 100 Amps Sectionalizer Unknown Regulator 219 Amp Recloser Unknown/Viper-ST Regulator Unknown Recloser Unknown/NOVA 27 Conductor between Substation (Top and Site Bottom) Conductor Type Rating (Amps) Total Lengthy ft** ML_OH_556_AL 735 1537 ML_'UG_1000_AL 590 307 ML OH_556 AL 735 1912 ML_OH_556_ACSR 735 37 ML UG_1000 AL 590 1620 ML_OH_556_AL 735 3575 ML OH_V0_ACSR 285 11421 3P_OH_2_ACSR 190 22670 1 P_O H_2_ACS R 190 10425 **Total length represents the total footage of oil instances of a particular conductor size. The presented data is not necessarily in any particular order, nor does it indicate that the conductor is segrmented in any particular way. The data represents the overcall conductor lengths to be used in determining the overall impedance between the .site and the substation. Protective Devices and Regulators between Site and Substation Site Recloser May Be Required Yes Feeder Voltage Supervised Reclosing May Be Needed Yes Substation WO May Be Needed Yes Xcel Energy* RE3►aMfIBLE BY NATURE" Other existing or known constraints, including, but not limited to, short circuit interrupting capacity issue% power quality or stability issues, capacity constraints: Conrad Flowers From: Sent: To: Subject: IL" No Reply Solar*Rewards<noreplysolarrewards@xcelenergy.com> Tuesday, November 19, 2024 4:20 PM Reactivate Interconnection DER Interconnection Application Status Update: Welcome! - Billing & Payment Start, Stop, Transfer Programs & Rebates Outage & Emergencies CO C&I Placeholder, Thank you for your interest in interconnecting solar to Xcel Energy's grid! We're thrilled you've chosen to power your life with the sun, and we look forward to working with you and your solar installer. We know that you and your solar installer will be working together throughout this process, and typically they will manage the solar interconnection application on your behalf. If you have questions, we suggest contacting your solar installer first, since they'll be most familiar with the details of your planned system. However, as your electric provider, we're also here to help. IMPORTANT: To ensure your electrical service and local transformer have been reviewed for safety and reliability, we require all requests to follow the interconnection process before a new system can be activated. The typical utility interconnection process with Xcel Energy can take up to 12-16 weeks after initial application submission if no additional grid upgrades are required. If upgrades are identified in the review process, the application timeline may be extended by 3-6 months. Xcel Energy highly recommends that the system not be installed until the application has passed all of the engineering reviews. Please see the Application Process webpage (CLICK HERE) for more information on the steps to achieve interconnection. CONFIRMED: A Distributed Energy Resource (DER) interconnection application has been submitted in your name for the installation at: 38876 COUNTY ROAD 49, EATON, Colorado, 80615 Interconnection Application Number: 06024390 Application Agent: RDC CO WELD COUNTY RD 49 LLC What's next? • Application Details: Your solar installer will complete the initial application steps, including submitting contact information, system details, and supplemental documentation. • Solar Bank Election Form: You'll receive an email link to electronically sign the Solar Bank Election Form. This form provides two options for receiving excess generation credits when excess energy is sent back to the grid IF your solar system produces more energy than you use (also known as Net Metering). • Fees: Your solar installer will typically pay the Engineering Process Fee and upload engineering documentation (e.g. Site Plan, Line Diagram, etc.) • Program Review: The Xcel Energy solar program team will complete a high-level review within 2 business days after the interconnection application has been submitted for review by your solar installer. i LEARN MORE: Net Energy Metering I Xcel Energy Net Metering and Billing Info Sheet Application Process Sincerely, The CO Solar Interconnection Team E-mail: SolarProgramCO@xcelenergy.com Xcel Energy *System -generated email, please do not respond. 2022 Xcel Energy Inc. My Account Customer Support Privacy Policy You are receiving this email because you opted to receive information from Xcel Energy. Please add email@XcelEnergy-EmailNews.com to your sender list. Our Blog > © 2018 XCEL ENERGY INC. ALL RIGHTS RESERVED. 2 #♦♦ #'♦•♦ Reactivate #♦# An Inv nergy Connpony Neighbor Outreach Reactivate has contacted residential properties adjacent to the proposed community solar energy facility location. No residential properties were located within 500 feet of the proposed site. However adjacent land has residential use. All property owners within the 500 foot buffer zone were contacted. Hunter Ridge Dairy Llp — Parcel ID: 07091 300001 7 — Informed Aj who was my contact for the property of the project. He requested an e-mail that was sent 12/19/24. No response at time of submission. Bowman Dana — Parcel ID: 071118000009 — Contacted by phone and left voicemail. No response received at the time of submission. Weld County Fish And Wild Life Association — Parcel ID: 071118000003 - Contacted by phone and left voicemail. No response received at the time of submission. Fortenberry Clint Ni — Parcel ID: 071119000006 - spoke with Mr. Fortenberry by phone and informed him of the project. Mr. Fortenberry had no further questions or concerns. FOR COMMERCIAL OR INDUSTRIAL BUILDINGS, PLEASE COMPLETE THE FOLLOWING INFORMATION: Business Name: Address: Business Owner: Home Address: RDC CO Weld County RS 72 II LLC One South Wacker Dr., Ste 1800 Reactivate DevCO LLC N/A Phone: (708) 887-8059 City, state, zip: Phone: City, state, zip: List up to three persons in the order to be called in the event of an emergency: NAME TITLE Reactivate Operations PHONE (708) 887-8059 Chicago, IL, 60606 N/A N/A ADDRESS Reactivate Site Emergency Response Team (708) 887-3222 Omnidian Priority Line (855) 255-6192 Business Hours: lam to 5pm UTILITY SHUT OFF LOCATIONS: Main Electrical: Gas Shut Off: TBD Days: Mon -Sun N/A Exterior Water Shutoff: N/A Interior Water Shutoff: N/A 07/22 12 N/A V Weld County Rd 49 USR for Solar Energy Facility (SEF) Supplement Department of Planning Services 1402 N. 17TH Avenue, P.O. Box 758, Greeley, CO 80632 www.weld.gov I (970) 400-6100 I Fax (970) 304-6498 Supplemental Application Items Development Standards Statement, see attached instructions. Add to USR Plot Plan: the proposed location of the SEF, support structures, related improvements, and equipment. Include distances from the SEF to the property lot lines, above -ground power lines and other structures. Distances to residential structures in the vicinity. Areas of vegetation and landscaping to be added, retained, replaced or removed. Elevation drawings of the proposed facility showing structures, fencing, equipment, and other improvements related to the facility, including specific materials, placement and colors. Dust and Weed Mitigation Plan. A description of those methods by which dust emanating from the proposed S EF and the weeds growing upon the impacted area will be mitigated. Utility Company Interconnection Agreement. If proposing to interconnect to a utility company, copy of a "letter of intent to interconnect" or interconnection agreement signed by the utility company. Alternatives Statement. Reasonable alternatives to the proposed location shall be adequately assessed, and the proposed action shall be consistent with the best interests of the people of the County and shall represent a balanced use of resources in the affected area. N/A N/A Statement of Transportation Construction Impacts, see attached instructions. S urface Drainage Analysis, see attached instructions. A Decommissioning -Reclamation Plan, see attached instructions. Landscaping Plan and/or Fencing Plan, if proposing encroachment into five hundred (500) residential setback. Floodplain Impact Statement, if applicable. If any FEMA designated Special Flood Hazard Areas (SFHA) exists on the property, detail potential, adverse impacts related to the associated floodplain. Documentation of the historical flooding activity should be included. A Floodplain Development Permit (FHDP) will be required if the site is located in a SFHA. i Post -Approval, Prior to Construction Submittal Requirements Buildi'rig- Permit application(s) to Department of Building Inspection. Prior to applying for a Grading Permit, a final drainage report stamped and signed by a Professional Engineer registered in the State of Colorado. i Grading Permit application to the Depart`rnent —Riblic Works. Access Permit application if accessing a Weld County road to the Department of Public Works. Flood Hazard Development Permit (FHDP) if structures will be located in a SFHA to the Department of P lanning Services. Security; see attached instructions. 5/6/21 National Flood Hazard Layer FIRMette FEMA Legend 104°36'16"W 40°34'4"N 104°35'38"W 40°33'37"N 0 250 500 1,000 1,500 Feet 2,000 1:6, 000 SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or Depth Zone AE, AO, AH, vF, AR Regulatory Floodway OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Future Conditions 1% Annual Chance Flood Hazard Area with Reduced Flood Risk due to Levee. See Notes. zone x Area with Flood Risk due to Leveezone D NO SCREEN Area of Minimal Flood Hazard zone x Effective LOM Rs Area of Undetermined Flood Hazard Zone D - Channel, Culvert, or Storm Sewer i i i i i i i Levee, Dike, or Floodwall 20.2 Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation 8 - - - - Coastal Transect .,.J..,.,, yI1n Base Flood Elevation Line (BFE) - Limit of Study Jurisdiction Boundary - - - Coastal Transect Baseline Profile Baseline Hydrographic Feature Digital Data Available No Digital Data Available Unmapped The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 12/6/2024 at 11:14 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Basemap imagery Source: USGS National Map 2023 Three -Phase Transformers CA202003EN Effective July 2015 Supersedes 210-12 August 2013 COOPER POWER SERIES Three-phase pad -mounted compartmental type transformer -auramm., General At Eaton, we are constantly striving to introduce new innovations to the transformer industry, bringing you the highest quality, most reliable transformers. Eaton's Cooper Power series Transformer Products are ISO 9001 compliant, emphasizing process improvement in all phases of design, manufacture, and testing. In order to drive this innovation, we have invested both time and money in the Thomas A. Edison Technical Center, our premier research facility in Franksville, Wisconsin. Such revolutionary products as distribution -class UltraSILTM Polymer -Housed EvolutionTM surge arresters and EnvirotempTM FR3TM fluid have been developed at our Franksville lab. N Powering Business Worldwide With transformer sizes ranging from 45 kVA to 12 MVA and high voltages ranging from 2400 V to 46 kV, Eaton has you covered. From fabrication of the tanks and cabinets to winding of the cores and coils, to production of arresters, switches, tap changers, expulsion fuses, current limit fuses, bushings (live and dead) and molded rubber goods, Eaton does it all. Eaton's Cooper Power series transformers are available with electrical grade mineral oil or EnvirotempTM FR3TM fluid, a less -flammable and bio-degradable fluid. Electrical codes recognize the advantages of using EnvirotempTM FR3TM fluid both indoors and outdoors for fire sensitive applications. The bio- based fluid meets Occupational Safety and Health Administration (OSHA) and Section 450.23 NEC Requirements. Three-phase pad -mounted compartmental type transformer Catalog Data CA202003EN Effective July 2015 Table 2. Three -Phase Ratings Three -Phase 50 or 60 Hz kVA Available' 45, 75, 112.5, 150, 225, 300, 500, 750, 1000, 1500, 2000, 2500, 3000, 3750, 5000, 7500, 10000 'Transformers are available in the standard ratings and configurations shown or can be customized to meet specific needs. Table 3. Impedance Voltage Low -voltage rating Rating (IcVA) ≤ 600 V 2400 n through 4800 O 6900 n through 13800GY/7970 or 13800 II 45-75 2.70-5.75 2.70-5.75 2.70-5.75 112.5-300 3.10-5.75 3.10-5.75 3.10-5.75 500 4.35-5.75 4.35-5.75 4.35-5.75 750-2500 5.75 5.75 5.75 3750 5.75 5.75 6.00 5000 6.00 6.50 Note: The standard tolerance is ± 7.5% Table 4. Audible Sound Levels Self -Cooled, Two Winding IcVA Rating NEMCTR-1 Average Decibels (dB) 45-500 56 501-700 57 701-1000 58 1001-1500 60 1501-2000 61 2001-2500 62 2501-3000 63 3001-4000 64 4001-5000 65 5001-6000 66 6001-7500 67 7501-10000 68 Table 5. Insulation Test Levels Induced Test 180 or 400 Hz KV Class 7200 Cycle IcV BIL Distribution Applied Test 60 Hz (kV) 1.2 2.5 5 30 10 45 15 60 19 8.7 Twice Rated Voltage 75 26 15 25 34.5 95 34 125 40 150 50 Table 6. Temperature Rise Ratings 0-3300 Feet (0-1000 meters) Standard Optional Unit Rating (Temperature Rise Winding) 65 °C 55 °C, 55/65 °C, 75 °C Ambient Temperature Max 40 °C 50 °C Ambient Temperature 24 Hour Average 30 °C 40 °C Temperature Rise Hotspot 80 °C 65 °C www.eaton.com/cooperpowerseries 3 SUNNY HIGHPOWER PEAK3 125 -US / 150 -US / 165 -US / 172 -US Cost effective • Modular architecture reduces BOS and maximizes system uptime • Compact design and high power density maximize transportation and logistical efficiency Maximum flexibility • Scalable 1,500 VDC building block with best -in -class performance • Flexible architecture creates scalability while maximizing land usage • Simple install, commissioning • Ergonomic handling and simple con- nections enable quick installation • Centralized commissioning and con- trol with SMA Data Manager SUNNY HIGHPOWER PEAK3 125 -US / 150 -US / 165 -US / 172 -US A superior modular solution for large-scale power plants Highly innovative • SMA Smart Connected reduces O&M costs and simplifies field - service • Powered by award winning ennexOS cross sector energy management platform The PEAK3 1,500 VDC inverter offers high power density in a modular architecture that achieves a cost -optimized solution for large-scale PV integrators. With fast, simple installation and commissioning, the Sunny Highpower PEAK3 is accelerating the path to energization. SMA has also brought its field -proven Smart Connected technology to the PEAK3, which simplifies O&M and contributes to lower lifetime service costs. The PEAK3 power plant solution is powered by the ennexOS cross sector energy management platform, 2018 winner of the Intersolar smarter E AWARD. Technical Data Sunny Highpower PEAK3 125 -US Sunny Highpower Sunny Highpower Sunny Highpower PEAK3 150 -US PEAKS 165 -US PEAK3 172 -US Input (DC) Maximum array power') Maximum system voltage Rated M PP voltage range MPPT operating voltage range M PP trackers Maximum operating input current Maximum input short-circuit current Output (AC) Nominal AC power Maximum apparent power Output phases / line connections Nominal AC voltage Compatible transformer winding configuration Maximum output current Rated grid frequency Grid frequency / range Power factor at rated power / adjustable displacement Harmonics (THD) Efficiency CEC efficiency Protection and safety features Ground fault monitoring: Riso / Differential current DC reverse polarity protection AC short circuit protection Monitored surge protection (Type 2): DC / AC Protection class / overvoltage category (as per UL 840) General data Device dimensions (W / H / D) Device weight Operating temperature range Storage temperature range Audible noise emission (full power @ lm and 25°C) Internal consumption at night Topology Cooling concept Enclosure protection rating Maximum permissible relative humidity (non -condensing) Additional information Mounting DC connection AC connection LED indicators (Status/Fault/Communication) SMA Speedwire (Ethernet network interface) Data protocols: SMA Modbus / SunSpec Modbus Integrated Plant Control / Q on Demand 24/7 Off -grid capable / SMA Hybrid Controller compatible Monitoring SMA Sunny Portal (monitoring portal) SMA Smart Connected (monitoring and remote O&M service) Supported protocols for outbound data Certifications Certifications and approvals (pending) Manufacturer's Declaration of Design Life FCC compliance Grid interconnection standards Advanced grid support capabilities Warranty Standard Optional extensions 250 kWp 705 V ... 1450 V 684 V ... 1500 V 125 kW 125 kVA 480 V 98.5 % 300 kWp 330 kWp 1500 Vdc 880 V ... 1450 V 924 V ... 1450 V 855 V ... 1500 V 898 V ... 1500 V 150 kW 150 kVA 600 V 1 180 A 325 A 3 / 3 -PE 165 kW 165 kVA 630 V Wye -grounded 151 A 60 Hz 50 Hz, 60 Hz/-6Hz... +6 Hz 1 / 0.8 leading ... 0.8 lagging 99.0 % <3% • /• • • • /• /IV 99.0 % 770 / 830 / 462 mm (30.3 / 32.7/ 18.2 in) 99 kg (218 Ibs) -25°C... +60°C (-13°F ... +140°F) -40°C ... +70°C (-40°F ... +158°F) < 69 dB(A) <5W Transformerless OptiCool (forced convection, variable speed fans) Type 4X 100% Rack mount Terminal lug (up to 600 kcmil CU/AL) Screw terminal (up to 300 kcmil CU/AL) • • (2 x RJ45 ports) • /• • /• —/• No cost for the lifetime of the system No cost on inverters under warranty SMA external API, Modbus, FTP 344 kWp 968 V ... 1450 V 941 V... 1500V 172 kW 172 kVA 660 V 99.0 % UL 62109, UL 1998, CAN/CSA-C22.2 No.62109 25 years FCC Part 15, Class A IEEE 1547:2018, UL 1741 -SA- CA Rule 21, HECO Rule 14H, UL1 741 SB L/HFRT, L/HVRT, Volt-VAr, Volt -Watt, Frequency -Watt, Ramp Rate Control, Fixed Power Factor 1 ) Higher DC array power permitted via site inverter load modeling in SMA Sunny Design Type designation SHP 125 -US -21 • Standard features o Optional features — Not available Toll Free +1 888 4 SMA USA www.SMA-America.com 5 years 10/ 15/20/25 years SHP 150 -US -21 SHP 165 -US -21 SHP 172 -US -21 SMA America, LLC a 0 v 0 s N L 6 O O 73 `° C C �▪ � c °- 5 a s 7 ` G 3 C G u Y � • .) G• W g 1 9 ▪ S a .5. 17, � J v 4� E O 4 v c m L N ° 1/4.2 ° 6 V s S r c o a o • L a) L t Zs a) r N - C e 7 y .D • U J c -0 0 N a o� L U IE) N j ;! -L N J6 n: ct E et 7- Weld County Treasurer Statement of Taxes Due Account Number R0031095 Parcel 0711 19000023 Legal Description 10032-A N2N W4 19 7 64 EXC U PRR RES (12 47S .91 R) Account: R0031095 MENDIOLA JUAN PABLO GOMEZ 38876 COUNTY ROAD 49 EATON, CO 80615-9401 Year 2023 Charges Tax Billed $4,331 06 Situs Address 38876 COUNTY ROAD 49 WELD Payments $4,331 06 Balance $0 00 Grand Total Due as of 12/04/2024 Tax Billed at 2023 Rates for Tax Area 3880 - 3880 Authority WELD COUNTY SCHOOL DIST RE2-EATON NORTHERN COLORADO WATER (NC GALETON FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION D Taxes Billed 2023 * Credit Levy Mill Levy 12 0240000* 331000000 1 0000000 4.0000000* 6 3360000 3 1960000 0.4 140000 Amount $866.93 $2,386 52 $72 10 $288 40 $456 83 $230 43 $29.85 60.0700000 $4,331 06 Values AG -DRY FARM LAND FARM/RANCH RESIDENCE -IMPS OTHER BLDGS.- AGRICU LTURAL Total 50.00 Actual Assessed $10,724 $2,830 $235,196 S15,760 $216,678 $57,200 $462,598 .$75,790 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80032 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Signed: Date: Hello