HomeMy WebLinkAbout20252070 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
•
14111.
1111
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
Surety 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***
Upon 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
SunShare, LLC office at 1724 N. Gilpin St, Denver, CO 80218 and we will return the cancelled bond to our
insurer.
SINCERELY,
SUNSHARE, LLC
CIO Vasquez V Solar
•
'1SunShare
COMMUNITY SOLAR
1724 Gilpin Street, Denver, CO 80218 • legal@mysunshare.com • MYSUNSHARE.COM
Clerk to the Board's Office
186.1 / y-
Phone: (970) 400 4225
17A)„4-6!7=1) 1150 O Street
1 II ' P.O. Box 758
G o u N T Y Greeley, Colorado 80632
www.weld.gov
September 11, 2025
SunShare, LLC
1724 Gilpin Street
Denver, Colorado 80218
Re: Release Surety Bond #SU 1172319 —
USR20-0029
SunShare, LLC
To Whom It May Concern:
Enclosed please find copies of the letter to the insurance company, released Surety Bond
#SU 1172319, and a copy of the Board of County Commissioner's Resolution, dated
July 21, 2025, authorizing the release of said Surety Bond, held as warranty collateral in
the amount of$138,000.00 for the above referenced case.
At the request of the applicant, said collateral has been returned to them to return to Arch
Insurance Company.
If you have questions or need additional information, please do not hesitate to contact me
at (970) 400-4212 or jreid@weld.gov.
Respectfully,
Jess Reid
Deputy Clerk to the Board
Enclosure
cc: Dawn Anderson, Department of Planning Services
Jazmyn Trujillo-Martinez, Department of Planning Services
Max Nader, Department of Planning Services
Clerk to the Board File PL2777
Page 1 of 1
Clerk to the Board's Office
\ 186.1
Phone: (970) 400-4225
,./ 1150 O Street
�, ' P.O. Box 758
G o u N T Y Greeley, Colorado 80632
www.weld.gov
September 11, 2025
Arch Insurance Company
210 Hudson Street, Suite 300
Jersey City, New Jersey 07311-1107
Re: Release Surety Bond #SU 1172319 —
USR20-0029
SunShare, LLC
To Whom It May Concern:
Enclosed please find the released Surety Bond #SU 1172319 and a copy
of the Board of County Commissioner's Resolution, dated July 21, 2025,
authorizing the release of said Surety Bond, held as warranty collateral in the
amount of $138,000.00 for the above referenced case.
At the request of the applicant, said collateral has been returned to them to
return to Arch Insurance Company.
If you have questions or need additional information, please do not hesitate to contact me
at (970) 400-4212 or jreid@weld.gov.
Respectfully,
Jess Reid
Deputy Clerk to the Board
Enclosure
cc: Dawn Anderson and Jazmyn Trujillo-Martinez, Department of Planning Services
Max Nader, Department of Planning Services
Clerk to the Board File PL2777
Page 1 of 1
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