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Home My WebLink About20213066.tiffRESOLUTION RE: APPROVE ACCEPTANCE OF COLLATERAL FOR SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR21-0004 - CAW EQUITIES, LLC, C/O 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 May 12, 2021, the Weld County Board of Commissioners approved the application of WETCO Farms, Inc., 2055 1st Avenue, Greeley, Colorado 80631, do SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0004, fora Medium Scale Solar Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Being part of the SW1/4 of Section 20, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Amanda Mack, SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, and WHEREAS, on June 17, 2021, as represented by recorded General Warranty Deed, CAW Equities, LLC, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, bought the property from WETCO Farms, Inc., and is now the current owner, and WHEREAS, pursuant to Condition of Approval #1.A, SunShare, LLC, has presented the Board with a Decommissioning/Reclamation Plan for a Medium -Scale Solar Facility, GilcrestSun, and requests the Board to accept Surety Bond #SU1172321, insured through Arch Insurance Company, Harborside 3, 210 Hudson Street, Suite 300, Jersey City, New Jersey 07311-1107, in the amount of $84,000.00, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facility located at 13285 County Road 42, Platteville, Colorado 80651, and WHEREAS, staff recommends approval of the Decommissioning/Reclamation Plan and Surety Bond #SU1172321, since they comply with Section 23-4-1030.B of the Weld County Code and will satisfy Condition of Approval #1.A of the Use by Special Review Permit Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Decommissioning/Reclamation Plan, be, and hereby is, approved and accepted. BE IT FURTHER RESOLVED by the Board of County Commissioners that Surety Bond #SU1172321 insured through Arch Insurance Company, Harborside 3, 210 Hudson Street, Suite 300, Jersey City, New Jersey 07311-1107, in the amount of $84,000.00, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facility as permitted and operated under USR21-0004, be, and hereby is, approved and accepted. 4780427 Pages: 1 of 2 11/30/2021 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IOW iYhhk 11111 CC . QL(TP/DAA-TN/KR/DA) l2/9 2021-3066 PL2796 ACCEPT COLLATERAL (USR21-0004) - CAW EQUITIES, LLC, CIO SUNSHARE, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of November, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditif4,4)G. JClto•ok Weld County Clerk to the Board BY: Steve A Sc • t _ mes, Pro -T eno, Chair y .B APPEXCUSED ounty A orney Date of signature: 4780427 Pages: 2 of 2 11/30/2021 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ike Freeman d e‘w 25A-1NA. Lori Saine 2021-3066 PL2796 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Decommissioning Plan and Surety Bond for Gilcrest Sun Solar Facility DEPARTMENT: Planning Services PERSON REQUESTING: Tom Parko DATE: 10.19.21 Brief description of the problem/issue: SunShare has submitted a decommissioning plan and surety bond for the County Commissioner's consideration. The Gilcrest Sun SEF (Solar Energy Facility) was conditionally approved by the BoCC on May 5, 2021. Case # USR21-0004. The attached Decommissioning Plan and Surety Plan will comply with Condition of Approval 1.A of the Resolution. The plan and bond are also in compliance with Section 23-4-1030 B of the Weld County Code. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Do not approve the Surety Bond. 2. Approve the Surety Bond. Recommendation: Staff recommends that the Board approve the Surety bond because it complies with Section 23-4-1030 of the Weld County Code and will satisfy Condition of Approval 1.A of the USR Resolution. Perry L. Buck Mike Freeman Scott K. James, Pro-tem Steve Moreno, Chair Lori Saine Approve Schedule Recommendation Work Session Other/Comments: 2021-3066 Pa7ciCo MEMORANDUM To: Board of County Commissioners Date: TBD From: Diana Aungst, Planner II Subject: Collateral for Decommissioning of Solar Facility (USR21-0004) Legal Description: Location: Part of the SW4 of Section 20, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado East of and adjacent to HWY 60 and north of and adjacent to CR 42 Background: USR21-0004 for a Medium Scale Solar Facility (1.800 MW (AC)), in the A (Agricultural) Zone District was approved by the Board of County Commissioners on May 12, 2021. Condition of Approval #1.A states: A Decommissioning/Reclamation Plan shall be submitted per Section 23-4-1030.B, which shall require the applicant to provide financial assurance to the County in the form of a surety bond in an amount established by the Director of the Department of Planning Services, to ensure proper decommissioning of the facility. Said surety bond shall name the Board of County Commissioners of Weld County as beneficiary and be current and active at all times during the life of the permit. Decommissioning Plan & Surety Bond: The applicant has submitted a Decommissioning/Reclamation Plan. The Department of Planning Services has determined the Decommissioning/Reclamation Plan to be complete. The applicant has also submitted a Surety Bond in the amount of $84,000.00 under Bond Number SU 1172321 to address decommissioning of the facility. Staff Recommendation: Planning Staff (the Department of Planning Services Director) and the County Attorney have reviewed the surety bond amount and have determined that this is acceptable to address decommissioning of the facility and recommends acceptance of the bond. SURETY BOND BOND NUMBER SU 11723 KNOW ALL MEN BY THESE PRESENTS, that SunShare, LLC , as Principal, and Arch Insurance Company , a corporation duly organized under the laws of the State of Ohio, as Surety, are held and firmly bound unto B.:=aorwemc Doty, as Obligee in the sum of $ 84,000.00 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 USR21-0004 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 Being part of the SW1/4 of Section 20, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado 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 October 13, 2021 to October 13, 2022 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: Arch Insurance Company Harborside 3, 210 Hudson Street, Suite 300 Jersey City, NJ 07311 - 1107 Obligee: The Board of County Commissioners of Weld County 1555 N 17th Avenue Greeley, CO 80631 THIS BOND is signed, sealed, dated on the 13th day of October This bond is effective the 13th day of October , 2021 SunShare, LLC , 2021 By: Arch Insurance Company By: Jo 41 ohlt, Attorney -in- act AIC 0000334660 This Power of Attorney lints the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Bruce S. Denson Jr., Jack Meikle and John Hohlt of Frisco, TX (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ($90,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 10, 2020, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on December 10, 2020: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 10, 2020, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 9th day of March, 2021. - — Attested and Certified tom# rCJf e ai��n�Sh4ulman Secretar y ry STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company Stephen C. Ruschak, Executive Vice President 1, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. cOl*t webt.N Os rua*,ri vxrgi, NOTARIAL SEAL IIOC 6 TRl00y Notary Milk cttyo layartphI PhI cu*ty Atlrcoetwhtloi_ b ah >t. 202I Mich altipodi,Notary'Public My commission expires 07/31/2021 CERTIFICATION I, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 9, 2021 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. y2 IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 3 day of Of*.IAe.t , 202- . A .91,----- Reiet6A. Shulman, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance— Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 To verify the authenticity of this Power of Attorney, please contact Arch Insurance Company at SMretyAuthentic archinsurance.com Please refer to the above named Attorney -in -Fact and the details of the bond to which the power is attached. AICPOA040120 Printed in U.S.A. ru11Ull 11. To be attached and made part of Arch Insurance Bond # SU 1172321. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR21-0004, FOR A MEDIUM SCALE SOLAR FACILITY OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - WETCO FARMS, INC., C/O 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, the Board of County Commissioners held a public hearing on the 12th day of May, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of WETCO Farms, Inc., 2055 1st Avenue, Greeley, Colorado 80631, c/o SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, fora Site Specific Development Plan and Use by Special Review Permit, USR21-0004, for a Medium Scale Solar Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Being part of the SW1/4 of Section 20, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Amanda Mack, SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. The applicant has demonstrated that the request is in conformance with Section 23-2-230.8 of the Weld County Code as follows: A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable Code provisions or ordinance in effect. 1) Section 22-22-30.A.3 states: "Limit the density and intensity of development to maintain agricultural areas." The site is in dryland agricultural production because there is no irrigation water. The owner tried to dryland farm the land for about five (5) years and never got a profitable crop. The solar facility will have a footprint of about a 35 -acre section of a quarter section. The property will remain in dryland farming. cc: PLCOA/'rp), PWCZR/OA),£HCLL), C AMC./ Km), A.PPL , A.PPL RCP o-7/a1/l 2021-1210 PL2796 SPECIAL REVIEW PERMIT (USR21-0004) - WETCO FARMS, INC., C/O SUNSHARE, LLC PAGE 2 2) Section 22-2-60.B.3 states: "Require that energy and mineral resource development conserve the land and minimize the impact on surrounding land and the existing surround land uses." The proposed facility will occupy about 14 acres of a 35 -acre parcel. The applicant is proposing wood fencing to buffer the facility from the closest residences. B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-10 — Intent, states: "Agriculture in the County is considered a valuable resource, which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial, and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. 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." 2) Section 23-3-40.R states: "Medium scale solar facility, subject to the additional requirements of Section 23-5-1030." Based on this, the use may be permitted by a USR in the A (Agricultural) Zone District. The medium scale solar is a non -permanent and regulated use of land and is consistent with Section 23-3-10 as the Use is more intense than a Use by Right. C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops, and rural residences. There are three (3) residences to the south, and across the street (CR 42) from the site. The closest residence is about 170 feet south of the site. There are four (4) USRs within one (1) mile of the site. USR-1185 for a Machine Repair Shop is located east of the site. USR14-0024 for an Oil and Gas support facility, USR-839 for a commercial greenhouse, and USR13-0039 for automobile repair are all located south of the site. The Weld County Department of Planning Services sent notice to seven (7) surrounding property owners. Planning staff has not received any correspondence concerning this case. The Conditions of Approval and Development Standards will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development, as projected by Chapter 22 of the Weld County Code and any other applicable Code provisions or ordinances in effect, or the adopted Master Plans of affected 2021-1210 PL2796 SPECIAL REVIEW PERMIT (USR21-0004) - WETCO FARMS, INC., CIO SUNSHARE, LLC PAGE 3 municipalities. The site is located within the three (3) mile referral area and the Coordinated Planning Agreement Area (CPA) for the Towns of Milliken, Platteville, and Gilcrest, as well as the City of Evans. As part of the pre -application process the municipalities were sent a Notice of Inquiry (NOI). The Towns of Platteville, Milliken and the City of Evans each submitted a signed NOI, dated January 22, 2021, July 29, 2020, and July 29, 2020, respectively, stating that they have no interest in annexing this property. The Town of Gilcrest submitted a signed NOI, dated July 23, 2020, which indicated that they do wish to annex this property. Mr. Larry Lorentzen, Town Administrator for the Town of Gllcrest, indicated the town would need to provide snow removal or road maintenance if the subject property was annexed. However, the town did not have the necessary funds in their budget to provide snow removal and road maintenance. Mr. Lorentzen requested that SunShare, LLC, provide a minimum setback of 400 feet along State Highway 60 frontage to accommodate any future commercial or retail uses. SunShare, LLC, has provided a 500 -foot setback between the road right-of-way and the solar facility. None of the municipalities responded with referral agency comments. The Comprehensive Plan maps for the City of Evans, Town of Platteville and the Town of Milliken do not encompass the subject property. However, per the 2012 Comprehensive Plan Update Map for the Town of Gilcrest, the site is shown as Low Density Residential and part of an Opportunity Area for Future Regional Commercial opportunities. The intersection at County Road 42 and State Highway 60 is designated as Regional Commercial. E. Section 23-2-230.B.5 — The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The site is not located within any overlay district officially adopted by the County, including A -P (Airport) Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard Area, or Historic Townsite Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. F. Section 23-2-2306.6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located entirely on soils designated "Prime Farmland, if irrigated", per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The soils are designated as Julesburg sandy loam with zero (0) to one (1) percent slopes. The proposed USR will not take any Prime (Irrigated) Farmland out of production. The Platte Valley Conservation District did not return a referral agency response. G. Section 23-2-230B.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Solar Facility Standards (Section 23-4-1030, Weld County Code), Conditions of Approval and Development Standards can ensure that there 2021-1210 PL2796 SPECIAL REVIEW PERMIT (USR21-0004) - WETCO FARMS, INC., C/O SUNSHARE, LLC PAGE 4 are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of WETCO Farms, Inc., c/o SunShare, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0004, for a Medium Scale Solar Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. A Decommissioning/Reclamation Plan shall be submitted per Section 23-4-1030.B, which shall require the applicant to provide financial assurance to the County in the form of a surety bond in an amount established by the Director of the Department of Planning Services, to ensure proper decommissioning of the facility. Said surety bond shall name the Board of County Commissioners of Weld County as beneficiary and be current and active at all times during the life of the permit. B. A Road Maintenance Agreement for construction only is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. C. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. D. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR21-0004. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The map shall delineate the landscaping and screening in accordance with the approved Landscape and Screening Plan. 5) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 6) The map shall delineate the 30 -foot setback from the boundary of adjacent properties, irrigation ditches, and rights -of -way in 2021-1210 PL2796 SPECIAL REVIEW PERMIT (USR21-0004) - WETCO FARMS, INC., C/O SUNSHARE, LLC PAGE 5 which no equipment shall be located, in accordance with Section 23-4-1030.G of the Weld County Code. 7) County Road 42 is a paved road and is designated on the Weld County Functional Classification Map as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 8) The applicant shall show and label the approved access locations, approved access width, and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location prior to construction. 9) The applicant shall show and label the approved tracking control on the site plan. 10) The applicant shall show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. 11) If applicable, the applicant shall show and label a 30 -foot minimum access and utility easement to provide legal access to the parcel on the site plan. 12) The applicant shall show and label the drainage flow arrows. 13) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map, the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within 120 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 2021-1210 PL2796 SPECIAL REVIEW PERMIT (USR21-0004) - WETCO FARMS, INC., C/O SUNSHARE, LLC PAGE 6 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required 120 days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 4. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 5. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the12'th day of May, A.Q., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dati/ itc jeL;tk Weld County Clerk to the Board BY: Q, APPR eputy Clerk to the Board ounty ' ttorney Date of signature: (XGlai°tfl 417-7 Steve reno, Chair Sc , es, Pro-Te Perry L. Buc 2021-1210 PL2796 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WETCO FARMS, INC., C/O SUNSHARE, LLC US R21-0004 1. A Site Specific Development Plan and Use by Special Review Permit, USR21-0004, is for a Medium Scale Solar Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. This is an unmanned facility. 4. The site shall be maintained in accordance with the Property Maintenance Plan. 5. The site shall be maintained in accordance with the approved Decommissioning Plan. 6. The site shall be maintained in accordance with the approved Landscape and Screening Plan. 7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 8. No outdoor storage of any materials or equipment including, but not limited to, solar panels and support structures not in operation will be allowed. 9. No equipment associated with the solar facility shall be located within 30 feet of the boundary of adjacent properties, irrigation ditches, and/or public or private rights -of -way. 10. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 11. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 13. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 14. The property owner or operation shall comply with all requirements provided in the executed Road Maintenance Agreement. 15. The historical flow patterns and runoff amounts on the site will be maintained. 16. Weld County is not responsible for the maintenance of on -site drainage related features. 2021-1210 PL2796 DEVELOPMENT STANDARDS (USR21-0004) - WETCO FARMS, INC., C/O SUNSHARE, LLC PAGE 2 17. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 18. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5. 19. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 20. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 21. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from public view and removed when construction is completed. 22. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 23. Building Permits shall be required for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes, 2006 International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. 24. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 25. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 26. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 2021-1210 PL2796 DEVELOPMENT STANDARDS (USR21-0004) - WETCO FARMS, INC., C/O SUNSHARE, LLC PAGE 3 27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 28. Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 29. A Use by Special Review shall terminate when the Use is discontinued for a period of three (3) consecutive years, the Use of the land changes, or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the Use, or Planning Services staff may observe that the Use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the Use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 30. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 31. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the Weld County Code, shall be placed on the map and recognized at all times. 2021-1210 PL2796 September 10, 2021 1XIlIOIt If To be attached and made part of Arch Insurance Bond # SU 1172321. Matt Ricci SunShare 1724 Gilpin Street Denver, CO 80218 Re: Gilcrest Sun Decommissioning Cost Estimate Dear Matt, E LIGHT Excellence in Electrical mricci@)mysunshare.com Office: 800-793-0786 Mob: 720-371-9024 We are pleased to submit for your consideration, our Proposal to perform decommissioning services for the above referenced project. Our price is based on and in accordance with the drawings and information provided by SunShare. Please reference our attached Clarifications, Inclusions, and Exclusions for additional information. We appreciate the opportunity to work with you on this project. If you have any questions or need any additional information, please do not hesitate to contact me. E Light Electric Services, Inc. David Wright VP Preconstruction dwrightPelightelectric.com Direct: 303-952-1120 Mobile: 303-819-5423 e- E LIGHT Excellence in Electrical Gilcrest Sun Decommissioning Fencing Structures Modules Electrical Site Restoration Total Clarifications, Inclusions and Exclusions The Clarifications of this Budget Proposal are as follows: $2,000.00 $36,000.00 $18,000.00 $13,000.00 $15,000.00 $84,000.00 1. Proposal based on project drawings provided. 2. This proposal includes the specified appropriate project management and mobilization to adhere to the project schedule. 3. Breakouts provided for accounting purposes only. 4. All work to be done in a single phase. 5. This proposal includes recycling of steel, aluminum, modules and copper. 6. Includes restoration of site back to like conditions before solar array was installed. This Proposal specifically includes: 1. Electrical permit fees included. 2. Removal and disposal of game fence. 3. Removal of racking support structure and foundations. 4. Module removal, package and recycle. 5. Removal of electrical distribution equipment, transformers and electrical equipment pads. 6. Removal of electrical DC string wiring and AC underground. 7. Site restoration. 8. Safety and protection as required. 9. Waste disposal fees and containers. 10. Temporary Restrooms and site facilities for workers. This Proposal specifically excludes: 1. Payment and Performance Bond. 2. All utility specific tie in work to disconnect the site outside of property. 3. Engineering, fees, errors, omissions additional design intent not clearly delivered or identified on the referenced drawings. 4. Import or export of soils. 361 Inverness Drive South, Suite B, Englewood, CO 80112 • 303.754.0001 • Fax 303.754.0011 • www.elightelectric.com Decommissioning/Reclamation Plan For a Medium -Scale Solar Facility GilcrestSun In Compliance with: (Section 23-4-1030 B of the Weld County Code) Case Number: USR Number— USR21-OOO4 CAW Equities, LLC (Parcel ID No. 1105720000010) Prepared for: Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Prepared by: SunShare, LLC Denver, Colorado )4•01SunShare COMMUNITY SOLAR Date Prepared: December, 2020 Date Revised: April, 2021 i.o Overview As a condition of approval for the Site -Specific Development Plan and Use by Special Review Permit, Weld County required that SunShare prepare a Decommissioning/Reclamation Plan for the solar facility, that is to be reviewed and approved by the Weld County Department of Planning Services. The intent of this Decommissioning/Reclamation Plan is to provide a comprehensive plan for removal of the solar facility after its useful life and/or the termination of power generation operations; and to return the subject property to conditions that existed prior to the solar facility's construction. The solar power generation facility has an estimated useful life of 3o years or more, with an opportunity for a life of 5o years or more with equipment replacement and repowering. At the end of the useful life of the facility, SunShare will cease power generation, decommission the facility, and remove the components of the facility from the subject property. The site will be reclaimed and returned to the agricultural use that existed priorto the facility being constructed. This Decommissioning/Reclamation Plan is subject to refinement should future best practices or alternate methods be developed by the solar industry, during the life of this facility. SunShare will follow solar industry standards and best management practices (BMPs) that exist at the time of decommissioning and reclamation of the site. 1.1 Procedures for Decommissioning the Solar Facility After Useful Life & Termination of Power Generation The solar facility consists of numerous recyclable materials, including glass, semiconductor material, steel, aluminum, copper, and plastics. When the facility reaches the end of its operational life, the component parts can be dismantled, and for the most part, salvaged or recycled at properly licensed facilities. Some site features, such as internal roads, driveways, drainage features/improvements, and electrical interconnections may remain on the site, depending upon the anticipated future use of the property. All such improvements, that are scheduled to remain after the decommissioning of the site, will be approved by the Weld County Department of Planning Services. Page 2 of 5 The following steps will be followed in the decommissioning of the solar facility: • Approximately one year prior to the planned decommissioning of the facility, SunShare will schedule a pre -closure meeting with the Weld County Department of Planning Services to discuss the process for the site decommissioning and restoration. The final decommissioning details will be developed through consultation with the Weld County Department of Planning Services and other departments and agencies that have jurisdiction over activities in the decommissioning process. Any required permits will be obtained prior to implementation of the Decommissioning/Reclamation Plan. • Appropriate temporary (construction -related) erosion and sedimentation control BMPs will be applied during the decommissioning phase of the project. The BMPs will be inspected on a regular basis to ensure proper functionality. ■ Effectively, the decommissioning of the solar facility proceeds in reverse order of the installation: 1. A site -specific health and safety plan shall be developed, prior to beginning decommissioning activities, which incorporates the specific sequence and procedures to be followed. 2. Coordination with local departments and agencies to develop route plans and obtain necessary permits for the transportation of materials and equipment to and from the site. 3. The solar facility shall be disconnected from the utility grid. This process will be coordinated with Xcel Energy. 4. PV modules shall be disconnected, collected and transported to a properly licensed recycling facility. 5. Above ground and underground electrical interconnection and distribution cabling shall be removed and salvaged or recycled off -site at an approved recycling facility. 6. The aluminum racking that supports the PV modules shall be removed and salvaged or recycled off -site at an approved recycling facility. Page 3 of 5 7. PV module support steel and support posts shall be removed and salvaged or recycled off -site at an approved recycling facility. 8. Electrical and electronic devices, including transformers, semiconductors materials, inverters, and batteries, shall be removed and salvaged or recycled off -site at an approved recycling facility. 9. Concrete foundations shall be removed and will be recycled off -site at an approved concrete recycling facility. io. Fencing shall be removed and will be recycled off -site at an approved recycling facility. ii. The site will be restored to its original condition, including any necessary sculpting of soils to match existing natural contours and the re -seeding of native grasses. Any soil that had been re -located for construction purposes will be redistributed on the site or used for landscaping purposes. Soils will be compacted for those areas where foundations or piers have been removed. 1.2 Equipment to be Used for the Decommissioning of the Solar Facility The decommissioning of the solar facility will be undertaken using traditional heavy construction equipment, including front-end loaders, bull dozers, cranes, excavators (track - mounted and rubber -tired), water tankers, trucks, and pick-ups. Semi -trucks will be used to transport materials to off -site salvage or recycle centers. 1.3 Dust Mitigation During the Decommissioning Phase Water tankers will be used to help control dust while the decommissioning activities are occurring on the site. During the decommissioning of the facility, SunShare will exercise BMPs to limit fugitive dust from being airborne and traveling beyond the property lines. Dust control efforts will be monitored by the site foreman on a regular basis to ensure fugitive dust is adequately controlled. Water spray will be applied, as needed, to unpaved areas during periods of dry weather. Care will be taken not to over -apply water and create mud. Vehicle tracking devices will be installed at truck exit drives, per the requirements of Weld County. Vehicles Page 4 of 5 operating on the site during the decommissioning phase will limit their speed to 15 mph or less, to minimize dust emissions. 1.4 Financial Assurance to Cover the Decommissioning of the Solar Facility In the Board of County Commissioners' Resolution dated , 2021, the Board required SunShare, LLC to provide financial assurance to the County in the form of a surety bond, in an amount established by the Director of the Department of Planning Services, to ensure proper decommissioning of the facility. The surety bond is to name the Board of County Commissioners of Weld County as beneficiary and be current and active at all time during the life of the permit. The required surety bond will be provided as part of this Decommissioning/Reclamation Plan. 1.5 Signature Prepared by: Richard L. Miller, AICP Development Manager Page 5 of 5 Site Plan DUSTING GAS UNE TEMPORARY STABILIZED STAGING !/ 11 AREA AND PROPOSED PARKING FOR CONSTRUCTION PHASE ONLY -.J f AGO CR 27 SETBACK DUSTING GAS LEAF EXISTING FIBER OPTIC UNE DUSTING POWER OVERHEAD UNE USE BY SPECIAL REVIEW USR XX-X)000 1.800 MW -AC (2.189 MW -DC) SOW! ARRAY PROJECT A RAMON OF THE SWI/A OF SECTION 2Q TUWN5MP 4 NORTH. RANGE EA WEST OF THE BT11 RAF. COUNTY OF WELD. STATE OF COLORADO ORCgSNUN )WAR EXISTING GAS WELL (CAPPED AND ABANDONED) SO GAS ENE SETBACK : :-25' GAS WELL SETBACK 1R NNE �'II��III�I I' --- COANEFYAOA002 PROPOSED LEASE BOUNDARY PROPOSED SECURITY FENCE • PROPOSED GATE PROPOSED ACCESS & / URUTY EASEMENT PROPOSED ACCESS POINT EXISTING POWER POLE INTERCONNECTION LINE CONNECTING TO GILCREST SUBSTATION 2 vEDNm IAN. RESXNNCESWIMN 112047 OF SITE RESIOENCESIWTHN v2*ALE OF RTE N4.REM TWY- GikrostSun Solar WRa County, Cokes*, SRC ROB0107 NOT FOR CONSTRUCTION 11105/2020 T.100 4727361 06/18/2021 02:47 PM Total Pages: 6 Rec Fee: $38.00 Doc Fee: $210.00 Carly Koppes - Clerk and Recorder, Weld County , CO GENERAL WARRANTY DEED "jaG r e 02/O. °° THIS GENERAL WARRANTY DEED is made as of June11 , 2021, between WETCO FARMS, INC., a Colorado corporation ("Grantor"), and CAW EQUITIES, L.L.C., a Colorado limited liability company ("Grantee"), whose address is 8301 East Prentice Ave, Suite 100, Greenwood Village, CO 80111. GRANTOR, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, has sold and conveyed, and by these presents does hereby sell and convey unto the Grantee, its successors and assigns forever, the following real property in the County of Weld, State of Colorado, to wit (the "Property"): See Exhibit A attached hereto and incorporated herein by reference TOGETHER WITH all improvements, reversions, remainders, easements, hereditaments and appurtenances thereto belonging or in any way appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the Property, but excepting and excluding all of the following rights and interests in and to the Property: (a) all rights transferred and conveyed by Grantor to Red Tierra Equities, L.L.C. ("Red Tierra") pursuant to the following deeds: (i) General Warranty Deed (Soil and Gravel Rights) dated as of date of this Deed, recorded in the Office of the Clerk and Recorder of Weld County, Colorado at Reception No. 4.-4-2:+3 2S; and (ii) Quitclaim Deed (Water Rights) dated as of date of this Deed, recorded in the Office of the Clerk and Recorder of Weld County, Colorado at Reception No. 43- ; and (b) Grantor's reservation of the right to enter upon the Property and recover and remove all topsoil on the Property for a period of up to two (2) years from the date of this Deed, pursuant to and subject to the terms and conditions of that certain Reservation Agreement dated as of the date of this Deed by and among Grantor, Grantee and Red Tierra. Grantor also expressly reserves all oil and gas mineral interests with respect to the Property. GRANTOR does covenant and agree to and with Grantee, its successors and assigns, to warrant and defend title to the Property and the quiet and peaceful possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, subject to all real property taxes and assessments for the year in which this deed is dated, and all matters described on Exhibit B attached hereto. [Signature Page Follows] 114704065.1 25/8$36# Land Tide GUALUN1 C COMPANY 4727361 06/18/2021 02:47 PM Page 2 of 6 THIS DEED is dated as of the day and year first above written. GRANTOR: WETCO FARMS, INC., a Colorado corporation By: Printed Nast= Craig Sparrow Title: Prent STATE OF COLORADO ) ) ss. W LA COUNTY OF A ) The foregoing instrument was acknowledged before me as of I -i J tkAIL2 2'011 2021, by Craig Sparrow, as President of Wetco Farms, Inc., a Colorado corporation. WITNESS my hand and official seal. My commission expires: Angela M Kinder NOTARY PUBUC STATE OF COLORADO NOTARY ID# 20034017337 MY COMMISSION EXPIRES October 2, 2022 114704065.1 -2 4727361 06/18/2021 02:47 PM Page 3 of 6 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 20, WHENCE THE SOUTHWEST QUARTER CORNER OF SAID SECTION 20 LIES S00°34'59"W A DISTANCE OF 2647.47 FEET, SAID LINE BEING THE BASIS OF BEARINGS; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 N89°42'07"E, A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST RIGHT OF WAY FOR HIGHWAY 60, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE OF THE SOUTHWEST QUARTER N89°42'07"E, A DISTANCE OF 2,632.31 FEET , TO THE CENTER QUARTER CORNER OF SAID SECTION 20; THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 S00°33'36"E, A DISTANCE OF 2,615.59 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE FOR COUNTY ROAD 42; THENCE ALONG SAID NORTH RIGHT OF WAY LINE S89°39'42"W, A DISTANCE OF 2,631.25 FEET TO A POINT ON THE WEST RIGHT OF WAY FOR HIGHWAY 60; THENCE ALONG SAID WEST RIGHT OF WAY N00°34'59"W, A DISTANCE OF 2617.44 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 158.08 ACRES II4704065.1 4727361 06/18/2021 02:47 PM Page 4 of 6 EXHIBIT B EXCEPTIONS TO TITLE 1. ANY AND ALL RIGHTS OF THE WESTERN DRAINAGE AND WATER SUPPLY COMPANY RELATING TO THE WESTERN MUTUAL IRRIGATION DITCH OR CANAL, WHICH TRAVERSES SUBJECT PROPERTY OR IS DESCRIBED AS A BOUNDARY OF SUBJECT PROPERTY, INCLUDING BUT NOT LIMITED TO DITCH MAINTENANCE AND ACCESS RIGHTS TO LANDS ADJOINING THE DITCH OR CANAL AS DISCLOSED BY SPECIAL WARRANTY DEED RECORDED MARCH 25, 1895 IN BOOK 121 AT PAGE 184. 2. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES RECORDED JUNE 24, 1914 IN BOOK 333 AT PAGE 73. 3. EASEMENT AND RIGHT-OF-WAY FOR A DITCH AS SET FORTH AND GRANTED IN INDENTURE RECORDED FEBRUARY 15, 1936 IN BOOK 989 AT PAGE 38. 4. EASEMENT AND RIGHT OF WAY FOR PUBLIC HIGHWAY AS GRANTED IN DEED RECORDED MAY 25, 1938 IN BOOK 1026 AT PAGE 432. 5. RESERVATION OF 1/2 INTEREST IN ALL OIL, GAS AND OTHER MINERALS TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF EXPLORING AND REMOVING SAME, AS RESERVED IN DEED RECORDED JUNE 23, 1950 IN BOOK 1534 AT PAGE 438. 6. OIL, GAS AND MINERAL LEASE RECORDED FEBRUARY 24, 1971 UNDER RECEPTION NO. 1562798 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. DECLARATION OF POOLING RECORDED JULY 5, 1972 UNDER RECEPTION NO. 1592972. AFFIDAVIT OF LEASE EXTENSION RECORDED MARCH 19, 1976 UNDER RECEPTION NO. 1683881. AMENDED DECLARATION OF UNITIZATION RECORDED MAY 11, 1988 UNDER RECEPTION NO. 2140877. CONSENT TO CORRECTION DECLARATION OF POOLING RECORDED AUGUST 21, 1989 UNDER RECEPTION NO. 2189117. CONSENT TO CORRECTION DECLARATION OF POOLING RECORDED JANUARY 17, 1990 UNDER RECEPTION NO. 2202893. 114704065.1 4727361 06/18/2021 02:47 PM Page 5 of 6 7. RIGHT-OF-WAY FOR OPERATION AND MAINTENANCE OF A PIPE LINE AS SET FORTH AND GRANTED IN RIGHT-OF-WAY GRANT RECORDED APRIL 22, 1975 UNDER RECEPTION NO. 1658689. 8. RIGHT-OF-WAY FOR OPERATION AND MAINTENANCE OF A PIPE LINE AS SET FORTH AND GRANTED IN RIGHT-OF-WAY GRANT RECORDED APRIL 01, 1982 UNDER RECEPTION NO. 1887536. 9. RIGHT OF WAY EASEMENTS AND LICENSES FOR THE CONSTRUCTION, INSTALLMENT, LAYING, MAINTAINING, ALTERING, REPAIRING, OPERATING AND REMOVING OF A GAS PIPELINE AS SET FORTH AND GRANTED IN RIGHT OF WAY EASEMENTS AND LICENSES RECORDED JUNE 17, 1985 UNDER RECEPTION NO. 2013632. 10. RIGHT-OF-WAY EASEMENT FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND REMOVAL OF COMMUNICATION AND OTHER FACILITIES, AS SET FORTH AND GRANTED IN RIGHT-OF-WAY EASEMENT RECORDED OCTOBER 24, 1988 UNDER RECEPTION NO. 2159499. 11. RIGHTS OF HS RESOURCES, INC. TO OCCUPY AND MAKE USE OF THE SURFACE OF THE LANDS, AS SET FORTH IN NOTICE OF OIL AND GAS INTERESTS AND SURFACE USE RECORDED JANUARY 23, 2001 UNDER RECEPTION NO. 2820947. 12. RIGHT-OF-WAY TO LAY, MAINTAIN, OPERATE AND REMOVE A PIPELINE FOR THE TRANSPORTATION OF OIL AND GAS, AS SET FORTH AND GRANTED IN PIPELINE RIGHT-OF-WAY RECORDED SEPTEMBER 10, 2001 UNDER RECEPTION NO. 2882327. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN MEMORANDUM OF AGREEMENT RECORDED OCTOBER 21, 2002 UNDER RECEPTION NO. 2997785. 14. TERMS, CONDITIONS AND PROVISIONS OF SEGREGATION AGREEMENT RECORDED OCTOBER 21, 2002 AT RECEPTION NO. 2997792. 15. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED OCTOBER 15, 2007 UNDER RECEPTION NO. 3511023. 16. REQUEST FOR NOTIFICATION (MINERAL ESTATE OWNER) AS EVIDENCED BY INSTRUMENT RECORDED DECEMBER 21, 2007 UNDER RECEPTION NO. 3525268. 17. PROPERTY LINE WAIVER AND ACKNOWLEDGEMENT RECORDED OCTOBER 10, 2008 UNDER RECEPTION NO. 3583665 AND RECORDED FEBRUARY 22, 2010 UNDER RECEPTION NO. 3677139. 114704065.1 4727361 06/18/2021 02:47 PM Page 6 of 6 18. TERMS, CONDITIONS AND PROVISIONS OF FINDINGS AND DECREE RECORDED SEPTEMBER 29, 2010 AT RECEPTION NO. 3721790. 19. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT, RIGHT-OF-WAY AND SURFACE USE AGREEMENT RECORDED DECEMBER 14, 2011 UNDER RECEPTION NO. 3811954. 20. COVENANTS, AGREEMENTS AND WARRANTS AS SET FORTH IN RESTRICTIVE COVENANTS (NO IRRIGATION) RECORDED OCTOBER 03, 2014 UNDER RECEPTION NO. 4051251. 21. COVENANTS, AGREEMENTS AND WARRANTS AS SET FORTH IN REVEGETATION COVENANT RECORDED OCTOBER 03, 2014 UNDER RECEPTION NO. 4051252. 22. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN GRANT OF EASEMENT RECORDED DECEMBER 01, 2015 UNDER RECEPTION NO. 4161754. 23. REQUEST FOR NOTIFICATION OF APPLICATION FOR DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED AUGUST 02, 2018 UNDER RECEPTION NO. 4420477. 24. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF CRUDE OIL PURCHASE AND SALE AGREEMENT RECORDED SEPTEMBER 01, 2020 AT RECEPTION NO. 4625353. 25. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF AGREEMENT RECORDED SEPTEMBER 01, 2020 UNDER RECEPTION NO. 4625398. 26. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF AGREEMENT RECORDED SEPTEMBER 01, 2020 UNDER RECEPTION NO. 4625399. 27. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF AGREEMENT RECORDED SEPTEMBER 01, 2020 UNDER RECEPTION NO. 4625400. 28. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN SHORT FORM OF SOLAR ENERGY DEVELOPMENT AND OPERATIONS LEASE AGREEMENT RECORDED NOVEMBER 13, 2020 UNDER RECEPTION NO. 4650789. 114704065.1 Cheryl Hoffman From: Sent: To: Cc: Subject: Thanks Bob. Diana Aungst Planner Diana Aungst Thursday, October 14, 2021 4:28 PM Bob Choate; Esther Gesick Cheryl Hoffman; Chloe Rempel; Jan Warwick; Jessica Reid RE: Security Bond for Decommissioning Plan - USR21-0004 Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 0: 970-400-6100 Fax:970-304-6498 daungst(a�weldgov. corn www. weldgov. corn e Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bob Choate <bchoate@weldgov.com> Sent: Thursday, October 14, 2021 4:06 PM To: Diana Aungst <daungst@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: RE: Security Bond for Decommissioning Plan - USR21-0004 The cost estimate itself doesn't need to be a part of the bond, but we need to be reasonably confident that the total cost (in this case $84,000) is sufficient. We don't have a good way of knowing that right now, but requesting a cost estimate is probably the best we'll get. FWIW the form of the bond is fine with me. Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Diana Aungst <daungst@weldgov.com> Sent: Thursday, October 14, 2021 12:39 PM To: Esther Gesick <egesick@weldgov.com>; Bob Choate <bchoate@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Jan Warwick 1 <jwarwick@weldgov.com>; Jessica Reid <ireid@weldgov.com> Subject: RE: Security Bond for Decommissioning Plan - USR21-0004 Bob: Do we need to ask for a cost estimate plan? Esther: I assume you want a staff memo submitted for the acceptance of this collateral. I didn't see one on the example but I will send you one anyway. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst@weldgov.com www.weldoov.com oar Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <egesick@weldgov.com> Sent: Thursday, October 14, 2021 10:03 AM To: Diana Aungst <daungst@weldgov.com>; Bob Choate <bchoate@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: FW: Security Bond for Decommissioning Plan - USR21-0004 Hi Diana, I am also including Cheryl Hoffman on this communication string, because she is the person responsible for processing Collateral items. I'll defer to Bob to review the collateral to ensure it is adequate, but Document #2021-2780 is attached as a recent Sample of a similar project request. Let me know if you need anything further. Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 2 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst <daungst@weldgov.com> Sent: Thursday, October 14, 2021 9:24 AM To: Bob Choate <bchoate@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jan Warwick <iwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: FW: Security Bond for Decommissioning Plan - USR21-0004 Hi Bob/Esther: We have a surety bond for decommissioning of USR21-0004. I understand we need to take it to the BOCC. Please let me know the next steps and how I can help. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(a�weldgov. corn www. weldgov. corn IIo Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Richard Miller <rmiller@mysunshare.com> Sent: Wednesday, October 13, 2021 4:03 PM To: Diana Aungst <daungst@weldgov.com> Subject: Security Bond for Decommissioning Plan - USR21-0004 ICaution: This email originated from outside of Weld,County Government. Do not click links or open attachments unless you recognize t sender and know the content is safe. Hi Diana, 3 I have attached the security bond for the above -referenced case. Would you please let me know if you need the original bond and not a PDF copy? If this is acceptable, would you please release the building permit? If you need the original, please let me know and I will deliver it tomorrow. Thanks for your help, Richard 4 Cheryl Hoffman From: Sent: To: Cc: Subject: Thanks! Diana Aungst Planner Diana Aungst Monday, October 18, 2021 9:40 AM Esther Gesick; Bob Choate Cheryl Hoffman; Chloe Rempel; Jan Warwick; Jessica Reid RE: Security Bond for Decommissioning Plan - USR21-0004 Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst@weldgov.com www. weldgov. com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <egesick@weldgov.com> Sent: Monday, October 18, 2021 9:33 AM To: Diana Aungst <daungst@weldgov.com>; Bob Choate <bchoate@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: RE: Security Bond for Decommissioning Plan - USR21-0004 Hi Diana, Cheryl will compile the various documents you've provided and draft a Resolution. She will coordinate an Agenda date with you once her collateral processing is ready. Thanks, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst <daungst@weldgov.com> Sent: Monday, October 18, 2021 8:23 AM To: Esther Gesick <egesick@weldgov.com>; Bob Choate <bchoate@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <ireid@weldgov.com> Subject: RE: Security Bond for Decommissioning Plan - USR21-0004 Good Morning Esther: We have the Cost Estimate and we are going to accept it. Please let me know when we can schedule this item before the BOCC. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 da ungst(a� weldgov. com www.weldgov.com as Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <egesick@weldgov.com> Sent: Thursday, October 14, 2021 10:03 AM To: Diana Aungst <daungst@weldgov.com>; Bob Choate <bchoate@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: FW: Security Bond for Decommissioning Plan - USR21-0004 Hi Diana, I am also including Cheryl Hoffman on this communication string, because she is the person responsible for processing Collateral items. I'll defer to Bob to review the collateral to ensure it is adequate, but Document #2021-2780 is attached as a recent Sample of a similar project request. Let me know if you need anything further. Esther E. Gesick 2 Clerk to the Board 1150 O Street/P.O. Box 758'Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst <daungst@weldgov.com> Sent: Thursday, October 14, 2021 9:24 AM To: Bob Choate <bchoate@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: FW: Security Bond for Decommissioning Plan - USR21-0004 Hi Bob/Esther: We have a surety bond for decommissioning of USR21-0004. I understand we need to take it to the BOCC. Please let me know the next steps and how I can help. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(a) weldgov. corn www.weldgov.com 00 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Richard Miller <rmiller@mysunshare.com> Sent: Wednesday, October 13, 2021 4:03 PM To: Diana Aungst <daungst@weldgov.com> Subject: Security Bond for Decommissioning Plan - USR21-0004 ut on hi _ mil originated from outside ofWeld,County Government Da sender and'krow the, content rs 'safe.. not cli lC links gr open attachments unless,yr a rec©gn ze the; 3 Hi Diana, I have attached the security bond for the above -referenced case. Would you please let me know if you need the original bond and not a PDF copy? If this is acceptable, would you please release the building permit? If you need the original, please let me know and I will deliver it tomorrow. Thanks for your help, Richard 4 Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Cheryl Diana Aungst Friday, October 22, 2021 10:35 AM Cheryl Hoffman; Esther Gesick; Jazmyn Trujillo Martinez; Dawn Anderson; Tom Parko Jr. Bob Choate RE: SunShare Decommissioning Plan and Surety Bond CAW Deed Wetco Farms Inc_Caw Equitites LLC_General Warranty Deed_Fully Executed_Recorded[35].pdf.pdf Thanks for the email. The USR was for WETCO Farms, Inc do SunShare, LLC but the property has since been sold to CAW Equities, LLC. New deed attached. Gilcrest Sun in the working name for the site and doesn't apply to the legal description. SunShare's address is 1724 Gilpin Street, Denver, CO 80218 CAW Equities, LLC address is 8301 E. Prentice Avenue Suite 100, Greenwood Village, CO 80111 (Per the Weld County Assessor's Website) I will contact SunShare and verify this information and get back with you soon. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax: 970-304-6498 daungst@welddov.com www.welddov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weldgov.com> Sent: Friday, October 22, 2021 7:51 AM To: Diana Aungst <daungst@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Bob Choate <bchoate@weldgov.com> Subject: RE: SunShare Decommissioning Plan and Surety Bond Hi, Diana, 1 Thank you for bringing in the original Surety Bond. I appreciate that. I have a few questions on this one. 1. The USR was for WETCO Farms, Inc c/o SunShare, LLC. I don't see Gilcrest Sun Solar listed in the original USR. Can you help me understand where they come in so I can draft the Resolution appropriately? 2. Also what is their address? 3. Is the facility still at 20551 Avenue, Greeley? Please let me know. Additionally, here are some possible dates: 11-1 or 11-3? Do either of these work for you? Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Cheryl Hoffman Sent: Thursday, October 21, 2021 10:54 AM To: Diana Aungst <daungst@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jazmyn Trujillo Martinez <itrujillomartinez@weldgov.com>; Dawn Anderson (dranderson@weldgov.com) <dranderson@weldgov.com>; Tom Parko (tparko@weldgov.com) <tparko@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Bob Choate <bchoate@weldgov.com> Subject: FW: SunShare Decommissioning Plan and Surety Bond Diana, I am forwarding your email to Bob, Tom, Jazmyn and Dawn to see if this one should be added into our OnBase system for approvals prior to setting a date for this one? Esther, could you advise on this matter too, please? Additionally, Diana, I will need the original Surety Bond to put into our safe. I'll try to get back with you with dates as soon as I receive an answer on the OnBase question. Thanks everyone. Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 2 From: Diana Aungst <daungst@weldgov.com> Sent: Thursday, October 21, 2021 10:45 AM To: Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Cc: Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <ireid@weldgov.com> Subject: FW: SunShare Decommissioning Plan and Surety Bond Hi all: Please provide me some dates to present to the applicant to have the collateral accepted. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daundst@welddov.com www. weldgov. com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weldgov.com> Sent: Thursday, October 21, 2021 7:54 AM To: Tom Parko Jr. <tparko@weldgov.com> Cc: Diana Aungst <daungst@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Don Warden <dwarden@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: RE: SunShare Decommissioning Plan and Surety Bond My apologies, I messed this up yesterday — please see corrected pass -around. Commissioner Saine was out of town and never responded. The previous email was for a Health pass -around. The correct version is attached. Karla Ford R Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford a(�,weldgov.com :: www.weldgov.com :: **please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** 3 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford Sent: Wednesday, October 2O, 2O21 4:54 PM To: Tom Parko Jr. <tparko@weldgov.com> Cc: Diana Aungst <daungst@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Don Warden <dwarden@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: RE: SunShare Decommissioning Plan and Surety Bond This pass -around was approved by all five Commissioners. Original coming back through interoffice mail. Thank you. Karla Ford X Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Jr. <tparko@weldgov.com> Sent: Tuesday, October 19, 2O21 12:O3 PM To: Karla Ford <kford@weldgov.com> Cc: Diana Aungst <daungst@weldgov.com>; Bob Choate <bchoate@weldgov.com> Subject: SunShare Decommissioning Plan and Surety Bond Karla, Good afternoon! Attached is a pass around and associated attachments. Thanks! Tom Parko Director 4 Weld County Department of Planning Services 1555 No. 17th Avenue I Greeley, CO 80631 Office: 970.400-3572 Cell: 970-302-5333 tparko@welgov.com 5 Cheryl Hoffman From: Sent: To: Subject: Thanks Richard! Diana Aungst Planner Diana Aungst Friday, October 22, 2021 10:36 AM Richard Miller; Cheryl Hoffman RE: SunShare Decommissioning Plan and Surety Bond Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 0: 970-400-6100 Fax:970-304-6498 daungst(@weldgov.com www. weldgov. corn Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Richard Miller <rmiller@mysunshare.com> Sent: Friday, October 22, 2021 10:33 AM To: Diana Aungst <daungst@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: Re: SunShare Decommissioning Plan and Surety Bond Hi Diana and Cheryl, In response to Cheryl's questions below: 1.) The Case Number is USR21-0004. GilcrestSun is the internal name that SunShare uses for the project and has nothing to do with the Weld County process. Wetco Farms, Inc was the owner when the USR was started, however, CAW Equities, LLC bought the property and is now the current owner. Please use CAW Equities, LLC c/o SunShare, LLC in the resolution. 2.) SunShare's address is: SunShare Community Solar, 1724 Gilpin Street, Denver, CO 80218. 3.) The address of the project is 13285 County Road 42, Platteville, CO 80651. We would like to schedule for the November 1st hearing date. Thanks, 1 Richard (303) 809-2128 From: Diana Aungst <daungst@weldgov.com> Date: Friday, October 22, 2021 at 8:10 AM To: Richard Miller <rmiller@mysunshare.com> Subject: FW: SunShare Decommissioning Plan and Surety Bond Richard: Please see the questions below in the email from Cheryl. Could you please send me the responses and let me know if 11/1 or 11/3 work for you for a hearing date. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst@weldgov.com www.welddov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weldgov.com> Sent: Friday, October 22, 2021 7:51 AM To: Diana Aungst <daungst@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Bob Choate <bchoate@weldgov.com> Subject: RE: SunShare Decommissioning Plan and Surety Bond Hi, Diana, Thank you for bringing in the original Surety Bond. I appreciate that. I have a few questions on this one. 1. The USR was for WETCO Farms, Inc c/o SunShare, LLC. I don't see Gilcrest Sun Solar listed in the original USR. Can you help me understand where they come in so I can draft the Resolution appropriately? 2. Also what is their address? 3. Is the facility still at 2055 1St Avenue, Greeley? 2 Please let me know. Additionally, here are some possible dates: 11-1 or 11-3? Do either of these work for you? Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 3 Hello