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Home My WebLink About20252070.tiff Resolution Approve Release of Collateral and Accept Replacement Collateral for Use by Special Review Permit,USR20-0029—Sunshare,LLC Whereas,the Board of County Commissioners of Weld County,Colorado,pursuant to Colorado statute and the Weld County Home Rule Charter,is vested with the authority of administering the affairs of Weld County,Colorado,and Whereas,on the 23rd day of December,2020,the Board of County Commissioners approved the application of: • Bryan Kugel Living Trust,Rural Route 2,Box 2,Lamont,Oklahoma 74643, • Gary P.Kugel Trust,2432 10th Street,Boulder,Colorado 80304, • Kay Kugel Sachs Trust,2640 Elmhurst Circle,Longmont,Colorado 80503, • Troy Skogmo,310 Hawthorne,Burlington,Washington 98233, • Paula R.Carr Revocable Living Trust,922 Collyer Street, Longmont,Colorado 80501, and Cynthia L. Walters Revocable Trust, 14669 Sky Island Lane, Anacortes,Washington 98221, • do SunShare,LLC,1724 Gilpin Street,Denver,Colorado 80218, for Use by Special Review Permit, USR20-0029, for a Medium Scale Solar Facility (4.0 Megawatts [Alternating Current] and 4.826 Megawatts [Direct Current]) in the A(Agricultural) Zone District, on the following described real estate, being more particularly described as follows: NE1/4 of Section 17,Township 3 North, Range 66 West of the 6th P.M., Weld County,Colorado Whereas, on June 23, 2021, pursuant to certain Conditions of Approval, the Board accepted a Decommissioning and Reclamation Plan,to include collateral in the form of Surety Bond #SU 1172319, issued by Arch Insurance Company, Harborside 3, 210 Hudson Street,Suite 300,Jersey City,New Jersey 07311-1107,in the amount of $138,000.00,and Whereas,staff from the Weld County Department of Planning Services received a letter from Sunshare,LLC,requesting that the Board of County Commissioners release the currently held collateral for USR20-0029,in the amount of$138,000.00,procured in the form of Surety Bond#SU 1172319,issued by Arch Insurance Company,and Whereas, the Board has been presented with replacement collateral in the form of Surety Bond #800137743, issued by Atlantic Specialty Insurance Company, 605 Highway 169 North, Suite 800, Plymouth, Minnesota 55441, in the amount of $138,000.00,and Whereas,after review,the Board deems it advisable to accept said Surety Bond,as stated above,a copy of which is attached hereto and incorporated herein by reference. 5045797 Pages: 1 of 2 Cc:pL(eE/lM1bA/STM/KR/t,J) 2025-2070 08/06/2025 10:47 AM R Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld County,CO og/�7/�5 PL2777 lIII 11r1r II 411 140,1.MNI IONlWJMIIlhl Yak 11111 Release of Collateral and Accept Replacement Collateral for Use by Special Review Permit,USR20-0029—Sunshare,LLC Page 2 Now,therefore,be it resolved by the Board of County Commissioners of Weld County, Colorado, that the currently held collateral for USR20-0029, in the amount of $138,000.00, procured in the form of Surety Bond #SU 1172319, issued by Arch Insurance Company,be,and hereby is,released,and that replacement collateral in the form of Surety Bond #800137743, issued by Atlantic Specialty Insurance Company, 605 Highway 169 North, Suite 800, Plymouth, Minnesota 55441, in the amount of $138,000.00,be,and hereby is,accepted. Be it further resolved by the Board that the Clerk to the Board be,and hereby is,directed to return said currently held collateral to the appropriate issuing party. The Board of County Commissioners of Weld County,Colorado,adopted the above and foregoing Resolution,on motion duly made and seconded,by the following vote on the 21st day of July,A.D.,2025: Perry L.Buck,Chair:Aye Scott K.James,Pro-Tem:Aye I'.\ 14�` Jason S.Maxey:Aye I ', �1 ��rrr Lynette Peppier:Aye V Kevin D.Ross:Aye `" % Approved as to Form: •...,,,.I' Bruce Barker,County Attorney Attest: Esther E.Gesick,Clerk to the Board 5045797 Pages: 2 of 2 2025-2070 08/06/2025 10:47 AM R Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld County,CO PL2777 1111 KIM'W10 I+11.Kli rki Vk'T AMIA 11111 SURETY BOND Co p1 BOND NUMBER 800137743 KNOW ALL MEN BY THESE PRESENTS, that SunShare,LLC , as Principal,and Atlantic Specialty Insurance Company , a corporation duly organized under the laws of the State of New York,as Surety,are held and firmly bound untoc.®.=of/'L.5,as Obligee in the sum of$138,000.00 lawful money of the United States, for payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors and assigns, jointly and severally, firmly by these presents, the liability of the Surety being limited to the penal sum of this bond regardless of the number of years the bond is in effect. WHEREAS,the Principal has submitted a decommissioning plan to Obligee requiring the eventual removal and reclamation of a solar energy facility comprised of solar energy collection cells/ panels and related facilities necessary to harness sunlight for energy generation and distribution and associated support structure,braces,racking,wiring and related interconnection equipment which plan is a condition of approval of land use permit USR20-0029 and which is hereby specifically referred to and made part hereof as Exhibit A ("Permit"),and WHEREAS, Weld County requires the submission of a bond guaranteeing the maintenance,replacement,removal,relocation,and/or reclamation of said solar energy facility located at 15250 County Road 46,Platteville,CO 80651 and as further detailed in the revised Decommissioning Plan,attached as Exhibit B. NOW THEREFORE,the condition of this obligation is such,that if the above bounden Principal shall perform in accordance with the aforesaid Permit and indemnify the Obligee against all loss caused by Principal's breach of any ordinance, permit obligation, or agreement relating to maintenance, replacement, removal, relocation, and/or reclamation of the facility, then this obligation shall be void,otherwise to remain in full force and effect unless cancelled as set forth below. Whereas,the Obligee has agreed to accept this Bond,this Bond shall be effective for the definite period of June 10,2025 to June 10.2026 . THIS BOND shall automatically renew for successive one-year terms unless,at least ninety(90) days prior to the next annual renewal date(which shall be December 31 of each calendar year),the Surety delivers written notice to Principal and to Obligee,or Principal delivers written notice to Surety and Obligee,that the notice-sender seeks to modify the terms of,or cancel,this bond.Written notice is effective if delivered to,or sent by certified mail,postage prepaid,and deposited in the U.S.Mail,at least ninety(90)days prior to the next annual renewal date addressed to the Principal or Surety,as the case may be,and to the-Obligee requiring-bond,as outlined in the notice-section of this Bond,and is actually received by the Principal or Surety, as the case may be,and the Obligee at least thirty(30)days prior to the renewal date. The Surety's decision to cancel, along with the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to cancel this Bond,shall be cause for Obligee to recover under this Bond or any extension thereof. NOTICE: Principal: SunShare,LLC 1724 Gilpin Street Denver,CO 80218 Surety: Atlantic Specialty Insurance Company 605 Highway 169 North,Suite 800 Plymouth,MN 55441 Obligee: The Board of County Commissioners of Weld County 1555 N 17th Avenue Greeley,CO 80631 THIS BOND is signed,sealed,dated on the 10th day of June , 2025 This bond is effective the 10th day of June ,2025 SunShare,LLC By: Atlantic Specialty Insurance Company By: Senia ernandez,Attorney-in-Fact a�26i MEMORANDUM To: Board of County Commissioners From: Matthew VanEyll,Planner II Subject: USR20-0029 Acceptance of a replacement security bond Date: July 7,2025 Case Number: USR20-0029 Applicant: Richard L.Miller—Sunshare,LLC Owner Bryan Kugel Living Trust,Gary P.Kugel Trust,Kay Kugel Sachs,Troy Skogmo, Paula R.Carr Revocable Living Trust,Cynthia L.Walters Living Trust Legal Description: SUBX20-0013;located in the NE4 of Section 17,T3N,R66W of the 6th PM,Weld County,Colorado Location: South of and adjacent to County Road 34 and west of and adjacent to County Road 29 Zoning: A(Agricultural)Zone District Parcel#:1211-17-0-00-017 Parcel Size: ±159.33 acres Lease Area: ±32.124 acres Summary: Sunshare,LLC,has submitted a request to release the currently held Surety Bond for the decommissioning and reclamation plan for USR20-0029 Solar Energy facility,and accept a replacement Surety Bond. USR20-0029 conditionally approved by the Board of County Commissioners on December 23,2020.The applicant is requesting to replace the existing Surety Bond(#SU1172319)from Arch Insurance Company in the amount of$138,000.00,that was accepted by the Board of County Commissioners on January 19, 2022,with the new Surety Bond(#800137743)from Atlantic Specialty Insurance Company in the amount of$138,000.00.This new Surety Bond will comply with Condition of Approval#1.C.of the resolution. Recommendation: Staff recommends that the Board accept the Surety Bond because it complies with Section 23-4-1030 B.4.g. of the Weld County Code and staff has accepted the related decommissioning/reclamation plan.If the surety bond is accepted by the Board of County Commissioners,it will continue to satisfy Condition of Approval C.C.of the resolution 2025-2070 7/2I pLZ-1T7 Me k JUNE 3 , 2025 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 1555 N 17TH AVE GREELEY , CO 80631 Please find included original bond documents for SunShare , LLC - Bond # 800137743 S urety Bond No . 800137743 is attached to Vasquez V land use permit USR20 - 0029 and decommissioning plan for solar energy facility located at 15250 County Road 46 , Platteville , CO 80651 . * * * This bond replaces and supersedes Arch Insurance Company Bond No . SU 1172319 * * * U pon reception , please release the original bond ( SU 1172319 ) and replace it with Bond # 800137743 . If it is Weld County ' s policy to return cancelled bonds , the SU 1172319 document can be sent back to the S unShare , LLC office at 1724 N . Gilpin St , Denver , CO 80218 and we will return the cancelled bond to our insurer . SINCERELY , S UNSHARE , LLC C / O Vasquez V Solar )44. 4111.4 1SunShare COMMUNITY SOL AR 1724 Gilpin Street , Denver , CO 80218 • legal@mysunshare . cam • MYSUNSHARE . COM U . S . Postal Service " CERTIFIED MAIL RECEIPT Domestic Mail Only Gil For delivery information , visit our website at www . usps . com • . C ` - Certified Mail Feeflam izt Lrl Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt ( hardcopy ) ❑ Retum Receipt ( electronic ) Postmark ■ Certified Mail Restricted Delivery Here n' ' [] Adult Signature Required r Adult Signature Restricted Delivery $ Ln Postage L7 $ r- - q Total Postage and Fees Sent To IT' VAINSV\CAS CI La LC co Street and Apt . No, , or PO Box Alg, CO Ul ‘ 13 G \ i4sidys• bec tos S>sweAr . . CT ' -City, State , ZIP + 4 E30 -ate PS Form 3800 Janua 2023 PSN 7530 - 02430 - 9047 See Reverse for Instructions SENDER . COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 40, A . Signature ■ Complete items 1 , 2 , and 3 . ❑ Agent ■ Print your name and address on the reverse X Addressee so that we can return the card to you . B . Received by (Printed Name) C . Date of Delivery ■ Attach this card to the back of the mailpiece , or on the front if space permits . dressed to : D . Is delivery address different from item 1 ? No 1 . Article Ad Yes If YES , enter delivery address below . ■ % Wit\ SNAACX. t ) cie G \ 9 \ a't - V .slav\ ve_sr , co Bo ra. 3 . Service Type ■ Priority Mail Express R ❑ Adult Signature ■ Registered Mail "' • Adult Signature Restricted Delivery ■ Registered Mail Restricted Certified Mail © Delivery ❑ Signature Confirmationj �' Certified Mail Restricted Delivery ❑ Signature Confirmation 9590 9402 8994 4122 3449 92 p Collect on Delivery g from service label) ■ Collect on Delivery Restricted Delivery Restricted Delivery 2 . Article Number ( Transfer f ' � Insured Mail ? 1 1 5 2 ? ❑ 1 , 5 ❑ 4 ? 2 6 6 53 ] Inver $ 5 ail Restricted Delivery 9589 - - _ Domestic Return Receipt PS Form 3811 , July 2020 PSN 7530 - 02 - 000 - 9053 Hello