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Home My WebLink About20093239.tiff464 RESOLUTION RE: APPROVE ACCEPTANCE OF IMPROVEMENTS DEPOSIT FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, S #554, IDAHO CREEK, PHASE 1 - KB HOME COLORADO, INC. 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 March 7, 2001, the Weld County Board of Commissioners approved Planned Unit Development Final Plan, S #554, Idaho Creek, Phase 1, for KB Home Colorado, Inc., c/o Kent Carlson, P.O. Box 247, Eastlake, Colorado 80614, for 351 residential lots in the Mixed Use Development area on the following described real estate, to -wit: Part of the NW1/4 NE1/4 of Section 10, Township 2 North, Range 68 West of 6th P.M., Weld County, Colorado, as shown on the final plat as Phase 1 of Planned Unit Development Final Plan, S #554, Idaho Creek, and WHEREAS, by Resolution #2001-2993, dated October 22, 2001, the Board of County Commissioners of Weld County, Colorado, did approve an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) for Idaho Creek Planned Unit Development, S #554, Phase 1, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and KB Home Colorado, Inc., with terms and conditions being as stated in said agreement, and accepted Development Bond #26 68 23, from American Home Assurance Company, in the amount of $2,001,967.00, with said amount being subsequently released through various actions of the Board, and WHEREAS, one of the off -site improvements obligations agreed to on page 23, Exhibit A, of the Improvements Agreement, required that fourteen percent (14%) of $150,000.00 ($21,000.00) was to be used towards the cost of a traffic signal at County Road 7.5 and State Highway 119, when warranted, and WHEREAS, the Board has been presented with check#03628341 from KB Home Colorado, Inc., in the amount of $21,000.00, which will be deposited in the Clerk to the Board's Trust Fund account, and then transferred to the Department of Public Works to be used towards the cost of the traffic signal, and WHEREAS, after review, the Board deems it advisable to approve said improvements deposit and accept said check as stated above, a copy of which is attached hereto and incorporated herein by reference. 111111 I1I1I 111111 IM 1111111 111111 IIIII III 11111 III IIII 3669464 01/11/2010 11:32A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder C'e '. PL G�- 2009-3239 PL1321 oila©(IC> ACCEPTANCE OF IMPROVEMENTS DEPOSIT - KB HOME COLORADO, INC. PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that check #03628341 from KB Home Colorado, Inc., 7807 East Peakview Avenue, Suite 300, Centennial, Colorado 80111, in the amount of $21,000.00, obtained for the purpose of installing a traffic signal, pursuant to the Improvements Agreement dated October 22, 2001, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and KB Home Colorado, Inc., be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of December, A.D., 2009. ATTEST: Weld County Clerk to the BY\ /IA '9 t5,7'l it- Depuy Clerk o the oard Sean P. Conway APPROVE -OAS TO FORM: UNTY COMMISSIONERS Y, ORfL Tsa r ra Kirkmeye4 County Attorney David E. Long Date of signature: i(-3/dOTh 111111111111111111111111111 1111111111111101 311111 3669464 01/11/2010 11:32A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Co( 2009-3239 PL1321 t COLORADO MEMORANDUM TO: Board of County Commissioners DATE: December 14, 2009 FROM: Kim Ogle, Planning Services SUBJECT: K.B. Home Colorado Inc. Idaho Creek PUD, Case No. S-554 Acceptance of Monies for Off -Site Improvements The Department of Planning Services received a check in the amount of twenty-one thousand and no/100s ($21,000.00) dollars from K.B. Home Colorado, Inc. (hereinafter "K.B. Home"), drawn on an account from J.P. Morgan Chase Bank of Chicago, Illinois; Check no. 03628341, dated November 23, 2009. This action by K.B. Home is a requirement of the March 7, 2001, Board of County Commissioner Resolution for the approval of the Site Specific Development Plan and Planned Unit Development Final Plan, S #554, for 351 Residential Lots in the Mixed Use Development Area — Kent Carlson/Idaho Creek. The approval required that K.B. Home pay fourteen percent (14%) of the cost of a traffic signal at County Road 7.5 and State Highway 119 for installation of that signal when it is warranted. On October 22, 2001, K.B. Home and the Board entered into an agreement entitled, "Improvements According to Policy Regarding Collateral for Improvements." Within that document, K.B. Home agreed to complete all of the improvements enumerated in the attached Exhibit A, Off -site Improvements, Filing 1, Idaho Creek PUD. By letter dated October 14, 2009, the Department of Planning Services notified the applicant that the Colorado Department of Transportation (hereinafter "CDOT") had informed the Board of County Commissioners that it is ready to entertain proceedings to fully warrant the traffic signal; however, there were certain requirements which CDOT has placed on Weld County before proceeding further. Among those prerequisites is evidence of funding for the project. Weld County requested that K.B. Home fulfill its obligation to pay the required 14% of the cost of the traffic signal. Given the actions by K.B. Home, the Weld County Attorney finds that the cash deposit in the amount of $21,000.00 to cover K.B. Home's 14% obligation is an acceptable method of collateral and shall be deposited in a fund held by Weld County to cover the cost of a traffic signal at County Road 7.5 and State Highway 119. The Department of Public Works and the Department of Planning Services, have determined that the amount fulfills the obligation of K.B. Home for Case Number S-554. The Department of Planning Services recommends acceptance of this cash deposit. 2009-3239 Weld County Planning Department GREELEY OFFICE LETTER OF TRANSMITTAL !SION A �NLAND) i1Fc n R Inn° CO 603 Park Point Driv CE Y E Golden, CO 80401 Phone 303-674-7355 Fax 303-674-3263 TO: Weld County, Department of Planning Services Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 DATE: Dec. 4, 2009 I JOB NO 2221.e0 ATTENTION: Mr. Kim Ogle RE KB Home Idaho Creek Subdivision WE ARE SENDING YOU ® Attached ❑ Under Separate Cover, via Courier the Following Items: ❑ Shop Drawings ❑ Copy of Letter ❑ Prints ❑ Change Order E Plans ❑ Signed Originals ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION 1 11/23/09 KB Home Check No. 03628341 - $21,000.00 THESE ARE TRANSMITTED as checked below: ❑ For approval ® For your use ® As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS: ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ For owners signature ❑ Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: SIGNED: Katie Cooley Construction Manager g:lidaho creekltransmittal - weld co. kim ogle. doc KBHOME Stub 1 of 1 Date: 11/23/09 NO. 03628341 `.. INVOICE'. NO.: DATE ' DESCRIPTION GROSS DEDUCTIONS AMOUNT PAID CKRQ112309 11/23/09 SIA-Idaho Creek traffic signal 21,000.00 21,000.00 21,000.00 21,000.00 KB HOME Colorado Inc. 1029008 Weld County Planning Dept THISCHECKIS VOID WITHOUT A GREEN It BLUE BORDER AND BACKGROUND PLUS A KNIGHT & PINGERPRINT WATERMARK ON THE BACK - HOLD AT ANGLE TO VIEW KBHOME KB HOME Colorado Inc. 7807 East Peakview Avenue, Suite 300 Centennial, CO. 80111 VENDOR 1029008 70-2322/719 JP Morgan Chase Bank NA Chicago, Illinois DATE 11/23/09 NO. 03628341 09 66525 AMOUNT $****21,000.00 PAY TWENTY ONE THOUSAND AND 00/100 ***************************************************** TO. Weld County Planning Dept. THE 918 Tenth St. ORDER, Greeley CO 80631 OF VOID IF NOT CASHED IN 60 DAYS AUTHORIZED SIGNATURES GNATURE AREA CONTAINS A KNIGHT & FINGERPRINT CHECK WORDING ABSENCE OF PINK U.S. PATENT NUMBERS UNDER SIGNATURE INDICATES CHECK IS FRAUDULENT PATENT NUMBERS ARE PRINTED WITH HEAT SENSITIVE INK & WILL DISAPPEAR WHEN BLOWING OR RUB g) WIWDe. COLORADO October 14, 2009 Michael E. Dee Vice -President of Finance K.B. Homes of Colorado, Inc. 5975 Quebec Street Centennial, Colorado 80111 RE: Idaho Creek Development Dear Mr. Dee: OCT 3 °t I01J9 DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 This letter is written concerning certain improvements which the Weld County Board of County Commissioners (hereinafter "Board") required of K.B. HOME COLORADO, Inc., when the Idaho Creek PUD was approved in 2000-2001. You may recall that on March 7, 2001, the Board adopted a Resolution ("GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, S #554, FOR 351 RESIDENTIAL LOTS IN THE MIXED USE DEVELOPMENT AREA - KENT CARLSON/IDAHO CREEK") The grant required that "Fourteen percent (14%) of the cost of a traffic signal at Weld County Road 7.5 and State Highway 119 shall be escrowed for installaliorf of that signal when warranted." (Page 3 of the Grant — copy provided herewith) In addition, on October 22, 2001, K.B. HOME COLORADO, Inc., and the Board entered into an agreement entitled IMPROVEMENTS ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS. Within that agreement, K.B. HOME COLORADO, Inc. agreed to complete all of the improvements enumerated in the attached Exhibits. On page 23 of the agreement, on Exhibit "A" OFFSITE, there is included the obligation for a traffic signal. (That obligation is set forth on the second page of Exhibit "A" Overall Project.) At this time, the Colorado Department of Transportation (hereinafter "CDOT") has informed the Board that it is ready to entertain proceedings to fully warrant the traffic signal. There are certain requirements which CDOT has placed on Weld County before proceeding further. Among those prerequisites is evidence of funding for the project. Therefore, at this time, Weld County is asking that K.B. HOME COLORADO, Inc. fulfill its obligation to pay the required fourteen percent (14%) of the cost of the traffic signal. We believe that the installation of the traffic signal is a matter of public safety and would like to see CDOT move ahead on this project. Therefore, we are asking that you contact us immediately to arrange to transfer the funds which you have escrowed for this obligation. If you have questions or comments, please contact me at 970-353-6100 extension 3549. Yours truly, -- Kim Ogle, Acting Director of Planning Services Enclosures pc: D. Rademacher, Weld County Commissioner B. Barker, Weld County Attorney T. Jiricek, Weld County Planning File: S-554 EXHEL•llT "A" OFF'SITE Name of Subdivision or Planned Unit Development: Idaho Creek Fifing: 1 Location: Weld County 7Yc south of Highway 119 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following Improvements. (Leave spaces blank where they do not apply.) Improvements Site gracfng Street grading Street base (Including 12' Gravel Shoulder) Street paving (Inc. 12' Gravel Shoulder) Curbs, gutters and culverts Sidewalk Storm Sewer facilities Water mains (Includes bore) Fire hydrants Survey and street monuments and boxes Street name signs Ti affs. Signal Striping SUB -TOTAL: Engineering and Supervision Costs: Unit Cost 5904 x $6.00/SY 5904 x $7.20/SY Estimated Construction Cost $ 79,662.00 $ 24,306.00 $ 35,424.00 $ 42,508.00 Included $ 39,497.00 $ 76,400.00 $ 77,459.33 3 x $2,200.00/EA $ 6,600.00 8 x $200.00/EA $ 1,600.00 6 X $100/EA $ 600.00 14% of $150,000 $ 21,000 LS $ 10,000 $ 57,572.25 $ 415,057 3 (Testing, inspection, as-bu18 plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 472,629 The above Improvements shall be constructed In accordance with all County requirements and specifications, end conformance with this provision shell be determined solely by Weld County, or Its duly authorized agenL Said Improvements shall be completed according to the construction schedule set out in Exhibit *T. By: Gcant p TiDe Date: d9dghU .42 200). (If corporation, to be signed by President end attested to by Secretary, together with corporate seal). 1 111111 11111 1111111 1111111111 1111111111 111 111111111 1111 232895662 271R20.0001 9 0.0055P WeldPTsukamoto County CO Page 1 of 2 Trietley, Andrew C From: Katie Cooley [katiec@vlcinc.com] Sent: Tuesday, January 22, 2008 9:03 AM To: Trietley, Andrew C Cc: Helpp, Richard Subject: FW: KB Home Idaho Creek Subdivision FYI From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Tuesday, January 22, 2008 6:09 AM To: Katie Cooley Cc: Kim Ogle; Donald Carroll; Don Dunker Subject: RE: KB Home Idaho Creek Subdivision Katie I telephone yesterday and left a voice mail message. Your request has been placed in queue for administrative review for both the planning department and the public works department. Future correspondence will be directed to you after a field inspection to verify that all components of each phase have been completed. In March 2006, Public Works stated: Our inspection group has a punch list that includes additional items that need to be addressed. I am requesting that KB Homes email or draft a memo to place 3rd Filing on the inspection list. The request for the partial release of collateral should be included in your request. Idaho Creek 1st Filing, Off -site Improvements, WCR 7.5 Exhibit A, recorded Sheet No. 23 of 27 identifies a traffic signal to be located at WCR 7.5 and State Highway 119. Your proportional share towards that light is 14% of $150,000. The estimated construction cost is valued at $21,000. 1s this collateral being held as a part of your performance bond o in escrow?. Verification is required. tanning Manager From: Katie Cooley [mailto:katiec@vlcinc.com] Sent: Monday, January 21, 2008 12:03 PM To: Kim Ogle Subject: KB Home Idaho Creek Subdivision Dear Kim Olge, Please call me to discuss per the attached surety release request letter. 1 bank you, Vision Land Consultants Katie Cooley Construction Manager 605 Park Point Drive, Suite 100 Golden, CO 80401 1/22/2008 Hello