HomeMy WebLinkAbout20252300.tiffResolution
Approve Acceptance of Replacement Collateral for Use by Special Review Permit,
USR22-0024 — Lytle Farms, LLC, c/o Sunshare, LLC, dba BecLee Solar, LLC
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, on January 25, 2023, the Board of County Commissioners approved the
application of Lytle Farms, LLC, 21417 County Road 66, Greeley, Colorado 80631,
do SunShare, LLC, dba BecLee Solar, LLC, 1724 Gilpin Street, Denver, Colorado 80218,
for Use by Special Review Permit, USR22-0024, for a Solar Energy Facility (SEF) outside
of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Family Farm Division, FFD21-0008; being part of the E1/2 SW114
of Section 22, Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
Whereas, on October 16, 2024, pursuant to certain Conditions of Approval, the Board
accepted a Decommissioning and Reclamation Plan, to include collateral in the form of
Surety Bond #SU 1198241-0000, insured by Atlantic Specialty Insurance Company,
605 Highway 169 North, Suite 800, Plymouth, Minnesota 55441, in the amount of
$138,000.00, and
Whereas, on October 16, 2024, staff from the Weld County Department of Planning
Services received a letter from SunShare, LLC, requesting that the Board of County
Commissioners accept and attach a Bond Rider to change the number from Surety Bond
#SU 1198241-0000, to Bond Rider 800137709, issued by Atlantic Specialty Insurance
Company, in the amount of $138,000.00, and
Whereas, after review, the Board deems it advisable to accept said
Bond Rider 800137709, as stated above, a copy of which is attached hereto and
incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that Bond Rider 800137709, be and hereby is, accepted and attached to
currently held collateral for USR22-0024, in the amount of $138,000.00, procured in the
form of Surety Bond #SU 1198241-0000, issued by Atlantic Specialty Insurance
Company.
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08/29/2025 11.56 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
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2025-2300
PL2846
Acceptance of Replacement Collateral for Use by Special Review Permit, USR22-0024 -
Lytle Farms, LLC, do Sunshare, LLC, dba BecLee Solar, LLC
Page 2
The Board of County Commissioners of Weld County, Colorado, adopted the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 13th day of August, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Excused
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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08/29/2025 11:56 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
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2025-2300
PL2846
RIDER
intact I surety
To be attached to and form part of:
Bond Number SU 1198241-0000
dated September 10, 2024
issued by the Atlantic Specialty Insurance Company
on behalf of BecLee Solar, LLC
(Pnncipal)
and in favor of The Board of County Commissioners of Weld County, Colorado
(Obligee)
Nov therefore, it is agreed that in consideration of the premium charged, the attached bond shall be
amended as follows:
Bond Number has changed
from: SU 1198241-0000
to 800137709
INSURANCE ILL
It is further understood and agreed that all other terms and conditions of this bond shall remain
urchanged.
This Rider is to be Effective this 10th day of September , 2024
Signed, Sealed & Dated this 17th day of September , 2024
BecLee Solar, LLC
(Princip
By:
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½iEipaI)
Atlantic Specialty Insurance Company
(Surety)
By:
Senia Hernandez
L
orney-in-Fact
[intact]
INSURANCE
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: John L. Hohlt, Nathan Wonder, Senia Hernandez, Jack Meikle, each individually if there be more than one named, its
true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other
writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of
such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company
as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the
following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -
Fact.
Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this twenty-seventh day of April, 2020.
STATE OF MINNESOTA
HENNEPIN COUNTY
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By
Paul J. Brehm, Senior Vice President
On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me
duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
•
ALISON DWAN NASH-TROUT
NOTARY PUBLIC • MINNESOTA
My Commission Expires
January 31, 2025
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated 17th day of September 2024
This Power of Attorney expires
January 31, 2025
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Kara Barrow, Secretary
Please direct bond verifications to surety anintactinsurance.com
MEMORANDUM
COUNTY, CO
To:
From:
Subject:
Date:
Board of County Commissioners
Diana Aungst, Principal Planner
USR22-0024 accepting a rider on the security collateral
August 13, 2025
Case Number:
Applicant:
Owner:
Legal Description:
Location:
Zoning:
Parcel Size:
Lease Area:
Summary:
USR22-0024
Sunshare, LLC, dba BeeLee Solar, LLC
Lytle Farms LLC c/o Kaycee Lytle
Lot B Family Farm Division FFD21-0008; Being part of the E2SW4 of Section 22,
T6N, R65W, of the 6th P.M., Weld County, Colorado
North of and adjacent to County Road 66 and 0.25 miles east of County Road 43
A (Agricultural) Zone District Parcel #: 0803-22-3-00-023
+/- 71 acres
+/- 31.7 acres
Sunshare, LLC, dba BeeLee Solar, LLC, submitted a Surety Bond (#SU 1198241-0000), insured through
Atlantic Specialty Insurance Company, that was accepted by Board of County Commissioners' October 16,
2024. Atlantic Specialty Insurance Company has submitted a rider to this Surety Bond dated September
10, 2024 which will change the bond number to 800137709. The rider was received on October 16, 2025,
the same day Surety Bond #SU 1198241-0000 was accepted by the Board of County Commissioners. This
Surety Bond will continue to meet the intent of Condition of Approval #5.A of the resolution and the
requirements of Section 23-4-1030.B.4 of the Weld County Code.
Recommendation:
Staff recommends that the Board accept the Surety Bond rider. The Surety Bond meets the requirements
of Section 23-4-1030.B.4 of the Weld County Code and, if the surety bond rider is accepted, it will continue
to satisfy Condition of Approval #5.A. of the resolution.
2025-2300
PL.13140
CAC
SPECIALTY
September 19, 2024
Corrina Kumpe
SunShare
1724 Gilpin Street
Denver CO 80218
RE: SunShare LLC Bond Rider - 800137709
Penalty - $138,000.00
Nadia Ortega
Bond Specialist - Surety
2121 Sage Rd. Suite 145
Houston, TX 77056
(832) 648-7986
nadia.ortega@cacgroup.com
Included in this delivery you will find the original executed bond documents listed
above correcting the bond number from SU 11982241-0000 to 800137709. Please
have an authorized signer execute the bond rider and submit to the corresponding
obligee.
Bond rider 800137709 will need to be submitted to:
Maryland Public Service Commission
6 Saint Paul St. Baltimore, MD 21202
Feel free to contact me should you have any questions.
Sincerely,
Pda-(11()Abr
2121 Sage Rd., Suite 145, Houston, TX 77056
CACGroup.com
RECEIVED
OCT 1 6 2024
Weld County Planning Department
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