HomeMy WebLinkAbout20092223.tiffRESOLUTION
5,
RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR
PLANNED UNIT DEVELOPMENT FINAL PLAN, S #554 - IDAHO CREEK, PHASE 3 - KB
HOME OF 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, by Resolution dated March 7, 2001, the Board approved the application of Kent
Carlson, P.O. Box 247, Eastlake, Colorado 80614, for 351 Residential lots in the Mixed Use
Development area for Idaho Creek, Phase 3, on a parcel of land located 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 the 6th P.M., Weld County,
Colorado, as shown as on the final plat as Phase 3 of
Planned Unit Development Final Plan, S #554, Idaho
Creek, and
WHEREAS, on February 28, 2005, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements (Public Road Maintenance) between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and KB Home of Colorado, Inc., with
terms and conditions being as stated in said agreement, for Idaho Creek, Phase 3, and accepted
Subdivision Bond No. SU5011134, from Aon Risk Services, Inc., of Southern California Insurance
Services, P.O. Box 54670, Los Angeles, California 90054-0670, in the amount of $1,296,998.85,
and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have conducted a visual inspection and recommend release of a portion of said collateral
in the amount of $1,102,449.02, retaining 15 percent ($194,549.83) for a one-year warranty period,
and
WHEREAS, the Board has been presented with a replacement Warranty Bond from Aon
Risk Services, 707 Wilshire Boulevard, Suite 2600, Los Angeles, California 90017, in the amount
of $194,549.83, thereupon reducing the amount of credit available for draw by Weld County to
$194,549.83.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Subdivision Bond No. SU5011134, from Aon Risk Services, Inc., in the
amount of $1,296,998.85 be, and hereby is, canceled and released.
BE IT FURTHER RESOLVED by the Board that the replacement Warranty Bond, in the
amount of $194,549.83, be, and hereby is accepted, and
11111111111111111 IIII 11111111111111111 III 11111 IIII lilt
3646535 09/02/2009 03:45P Weld County, CO 2009-2223
1 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder PL1321
G1// D/p 7
X27
PARTIAL CANCELLATION AND RELEASE OF COLLATERAL - IDAHO CREEK, PHASE 3 -
KB HOME OF COLORADO, INC.
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to return said collateral to the appropriate issuing party.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of August, A.D., 2009.
ATTEST:
Weld •unty Clerk to the B
BY
BOARD OF COUNTY COMMISSIONERS
ELD COY, COLORADO
ademach- , Pro-Tem
Dept Clerk ti the Board EXCUSED
APP -e.:DASTO
rney
Date of signature. O
111111111111 111111 llll 11111 111111111111 III 111111111 1111
3646535 09/02/2009 03:45P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Sean P. Conway
Dav
a Kirkmeyer
,C /?2e7 o .c
id E Long Ti
2009-2223
PL1321
460tr
COLORADO
MEMORANDUM
TO: Board of County Commissioners
DATE: August 20, 2009
FROM: Kim Ogle, Planning Services
SUBJECT: Release of Faithful Performance Bond # SU 5011134
Arch Insurance Company
Case number S-554
KB Home of Colorado Inc., Applicant
Staff from the Department of Public Works conducted a field inspection and determined that the
property was in compliance with all transportation elements as stated in their referral dated
February 28, 2008.
Planning Services inspected the site on May 8, 2009 and determined that two street trees were
missing as determined from the drawings of record. The applicant, KB Home of Colorado Inc.,
have indicated the trees will be replaced thereby establishing that all non -transportation related
items had been completed.
The Department of Public Works is recommending partial release of collateral, in the amount of
one million one hundred two thousand four hundred forty-nine and 02/100s ($1,102,449.02) from
the one million two hundred ninety six, nine hundred ninety-eight and 85/100s ($1,296,998.85)
dollars. New collateral in the amount of one hundred ninety four thousand five hundred forty-
nine and 83/100s ($194,549.83) dollars has been posted by KB Home of Colorado Inc. Items
covered include the fifteen percent retention of monies for the one-year warranty period.
The Weld County Attorney, the Department of Public Works and the Department of Planning
Services, have determined that the cash amount will be sufficient to complete the warranty work
required for Idaho Creek PUD, Phase 3 Improvements, and the Departments of Planning
Services and Public Works recommend acceptance of the Warranty Bond No. SU5011134.
PC'. R. Hastings, PW
D. Carroll, PW
S. Arries, CA
File: S 554, Phase 3
2009-2223
Ver#VS
`ISIONF LA D Civil and Structural Engineers, Construction Management & Program Management
CONSULTANTS. INC.
August 10, 2009
Mr. Kim Ogle
Weld County, Department of Planning Services
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
Re: KB Home Idaho Creek Subdivision
Dear Mr. Ogle,
Per my previous request dated February 25, 2009 to release surety for the KB Home
Idaho Creek Subdivision, the below is an update of the progress that has been made:
Idaho Creek Phase 2 — Final Acceptance and Release of LOC #3075014 - $18,230.00
and
Idaho Creek Phase 3 — Initial Acceptance and Reduction of Bond #SU501134 -
$1,296,998.85
Per you return voice mail message on 8/07/09, you stated that KB would need to send a
letter requesting a final inspection and release of surety. The original letter was sent you
on January 21, 2008. From that letter you sent a return e-mail dated January 22, 2008
to place the request for queue for review. Soon after, I received a letter from Mr.
Holbrook dated February 28, 2008 stating that all punch list items have been completed,
but still needed the as -built plans and upon receipt of those plans a hearing would be set
for release. As-builts were submitted and received February 16th of 2009. As-builts
were reviewed and approved by Mr. Holbrook February 20, 2009 and he then asked for
another letter requesting the release of collateral. This letter was sent February 27,
2009. In March of 2009 two memos were produced. The memo for phase 2 stated that
all punch list items have been completed and as -built plans were received and "Weld
County is holding a replacement bond in the amount of $18,230.00 under KB Home of
Colorado Inc. The remaining $18,230.00 can be released ending the warranty period.
Idaho Creek is a public road and will become the responsibility of Weld County of
maintain at this time." Additionally, the memo regarding Phase 3 stated that all punch
list items have been completed and the as-builts had been received and the bond can be
released to the one year warranty period. Since receipt of the two memos listed above I
have been trying to contact Weld County for the "hard copy" release of the LOC and
Bond. Attached is all the correspondence listed above and the several pages of
documentation between myself and Weld County requesting the release for over six
months. Also below, per your request, is a third request requesting the release.
Idaho Creek — Open Classroom
As response to my letter dated February 25, 2009 requesting final acceptance and
release of the Open Classroom native area, I received a letter dated April 1, 2009 with
several punch list items. Below is a summary of our conversation held May 1, 2009 and
an update of the punch list items.
603 Park Point Drive, Suite 100 • Golden, CO 80401 • Phone: (303) 674-7355 • Fax: (303) 674-3263
P.O. Box 679 • 135 E. Jasper Avenue • Granby, CO 80446 • Phone: (970) 887-2600 • Fax: (970) 887-3200
110 East 3rd Street, Suite103 • Rifle, CO 81650 • Phone: (970) 625-1721 • Fax: (970) 625-1623
www.visionla ndconsultants.corn
Punch List Item No. 1 — concerning two missing street trees and seed.
The street trees have been installed and the seed in this area is well established.
Punch List Item No. 2 — concerning Tract N.
Per our conversation 5/01 this item is acceptable and considered a non -item by KB.
This Tract has been upgraded by the HOA and per our conversation is considered a
non -issue.
Punch List Item No. 3 — concerning the bus shelter and public restroom.
Per our conversation 5/01 this item is acceptable and considered a non -item by KB.
While working and in good condition at one time, the HOA has decided to permanently
close the restroom due to continuing vandalism.
Punch List Item No. 4 — concerning a "Cargo" container.
This was used on -site temporarily by the sub -contractor hired to make park
improvements. This item no longer applies.
Punch List Item No. 5 — concerning an additional light at the open classroom park trail
head.
KB installed a light as requested by the County in previous punch lists. This light was
installed as directed in by Voneen Macklin in 2007. The quantity and locations of lights
should now be compliant with the site design plan. Furthermore, the rules for the park
specifically state the park closes as dusk.
Punch List Item No. 6 — concerning the crusher fine path and entrance signs.
There are no actionable items listed in this paragraph as the element were found
acceptable.
Punch List Item No. 7 — concerning prairie dogs.
KB has been on -site on two different occasions to remove the prairie dog holes from the
trail area. After speaking with the HOA, they have also taken it upon themselves to
eradicate the prairie dogs. If necessary, I can provide copies of the invoices paid for
prairie dog hole mitigation. However, this is their natural habitat and prairie dog
maintenance is and will continue to be a function for the HOA.
Punch List Item No. 8 —concerning signs.
KB is in the process of receiving bids for the downed signs. The HOA has one of the
signs which KB has offered to re -install. I will keep in touch with you regarding the
status of the signs. We are having difficulty finding a sign contractor who can perform
the Braille.
Punch List Item No. 9 — concerning planting plans.
The HOA has taken it upon themselves to re -vegetate, by adding more shrubs and
trees, to the area. The have a planting plan that they implement yearly at an annual
community event. This is a very positive element to the community and HOA owned and
maintained area. I see no actionable items for KB.
The only outstanding item is the re -installation of the classroom signs. I will keep you
informed of this item. If the County has any further concerns I would like to set up a site
meeting so all expectations from KB and the HOA are clear.
603 Park Point Drive, Suite 100 • Golden, CO 80401 • Phone: (303) 674-7355 • Fax: (303) 674-3263
P.O. Box 679 • 135 E. Jasper Avenue • Granby, CO 80446 • Phone: (970) 887-2600 • Fax: (970) 887-3200
110 East 3rd Street, Suite 103 • Rifle, CO 81650 • Phone: (970) 625-1721 • Fax: (970) 625-1623
www.visionlandconsultants.com
In summary, KB Home would like to request:
Idaho Creek Phase 2 — Final Acceptance and Release of LOC #3075014 - $18,230.00,
as all punch list items and requests have been satisfied.
Idaho Creek Phase 3 — Initial Acceptance and Reduction of Bond #SU501134 -
$1,296,998.85, as all punch list items and requests have been satisfied. The reduced
bond in the requested amount of $194,549,83 is enclosed.
Upon completion of the punch list items in the Open Classroom KB will request
acceptance and release.
If you have any further questions or concerns please contact me at (720) 883-3832.
Thank you for all you time and patience on this project.
Sincerely,
Vision Land Consultants Inc.
Katie Cooley
Construction Manager
On Behalf of KB Home Colorado Inc.
603 Park Point Drive, Suite 100 • Golden, CO 80401 • Phone: (303) 674-7355 • Fax: (303) 674-3263
P.O. Box 679 • 135 E. Jasper Avenue • Granby, CO 80446 • Phone: (970) 887-2600 • Fax: (970) 887-3200
110 East 3rd Street, Suite 103 • Rifle, CO 81650 • Phone: (970) 625-1721 • Fax: (970) 625-1623
www.visionlandconsultants.com
AmRISK SERVICES
SENT VIA FED EXPRESS
July 10, 2009
Doug Shelton
KB HOME COLORADO INC.
7807 E. Peakview Ave., Suite 300
Centennial, Colorado 80111
RE: WARRANTY BOND
BOND NO.:
OBLIGEE:
BOND AMT:
PROJECT:
Dear Doug:
SU5011134
Weld County
$194,549.83
Idaho Creek Phase 3
Maria Peila
Commercial Surety Departure _ It
(213) 630-1342
(213) 689-9731
Enclosed please find the executed Warranty bond pursuant to your request. We urge you to
recheck all information including signatures and dates to avoid having the bond rejected
because of a clerical error. The bond must be signed by a corporate officer, sealed,
notarized and then filed with the obligee.
Please be advised that there is no alteration permitted on this bond (white out, erasing,
crossing out, etc.), unless we have instructed. If any changes are needed please notify us.
If you have any questions, please give me a call.
.Siijn�cer�ely,
//LR'tI I PC# 4
Maria Pena
Account Specialist
Enclosure(s)
Ann Risk Insurance Services West, Inc.
707 Wilshire Boulevard, Suite 2600 I Los Angeles, CA 90017 I P.O. Box 54670 Los Angeles, CA 90054-0670
t: +1.213.630.3200
w: aon.com I License No: 0363334
BOND NO.: SU5011134
PREMIUM: Included in the Faithful
Performance Bond
WARRANTY BOND
KNOW ALL MEN BY THESE PRESENTS, That we KB HOME Colorado Inc., as
Principal, and Arch Insurance Company, a corporation organized, existing under the laws of
the State of Missouri and duly licensed to do business in the State of Colorado, as Surety, are
held and firmly bound unto the Weld County, Colorado as Obligee in the penal sum of One
Hundred Ninety -Four Thousand Five Hundred Forty -Nine and 83/100 Dollars
($194,549.83) to which payment well and truly to be made we do bind ourselves, our and each
of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by
these presents.
WHEREAS, the said Principal entered into a contract with Weld County, Colorado for
Idaho Creek — Phase 3
Public Road Improvements
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to
guarantee for the period of One yeapfollowing the date of acceptance of the said
improvements, by the owner, against all defects in workmanship and materials which may
become apparent during said period, and
WHEREAS, the said contract has been completed, and was approved on 15th day of January,
2009.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, If the
Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any
defective materials or workmanship which become apparent during the period of One year(s)
from and after completion of the work and acceptance by the Obligee then this obligation shall
be void, otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED
July 10, 2009 KB HOME Colorado Inc.
Principal
By
i etre! tie_
Kee ?res,`<<wl- iiwcrrt
Arch Insurance Company
Sur
By
Maria Pena, Attorney -in -Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On July 10, 2009 before me, Joyce Herrin, Notary Public,
personally appeared Maria Pena , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
,r JOYCE HERRIN
ell
COMM #1800329 a
NGTAJY PUBLIC •CALIFORNIA
L06 ANGELl5 GUINTV
icxrjcznic,�� jtro.oy Gomm. Expuas GGaoa, n. 2009
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
KD Conrad, C.K. Nakamura, Joyce Herrin, Torn Branigan, Edward C. Spector, Marina Tapia, Lisa L. Thornton, Maria
Pena, E.S. Albrecht, Jr., Tracy Aston, Simone Gerhard, Michael R. Mayberry, Brenda Wong and Noemi Quiroz of Los
Angeles, CA (EACH)
its true and lawful Attomey(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 and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
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 Company may revoke this appointment at any time.
The execution of such bonds and undertakings 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 office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, 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 any Vice President, 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 to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, 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 March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, 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 March 3, 2003, 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.
00ML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
Martin J. Nil �.' , Secretary
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 1st day of May , 20 08 .
Arch Insurance Company
Attested and Certified
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
J. Mi hael 'ete, ice ' '-siden
I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be
the same persons whose names are respectively as Secretary and 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
OOMMONWPALIH OP PENNSYLVANIA
NOTARIAL SEAL
Brian C. Kuhn, Notary Public
City of Philadelphia, Philadelphia County
My commission expires December 06, 2011
CERTIFICATION
Brian C. Kuhn, Notary Public
My commission expires 12-06-2011
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
May 1, 2008 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 J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution
of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscrib d my name and aff ed the corporate, s I of the Arch Insurance
Company on this 10th day of July 200v
/ Martin J. Nildelf, 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 Contractors & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
00ML0013 00 03 03
Page 2 of 2
Printed in U.S.A
4 4.'
lig
`Wi`k
`OLORADO '
February 28th, 2008
Katie Cooley
Vision Land Consultants, Inc.
603 Park Point Drive, suite 100
Golden Colorado 80401
RE: Release of Collateral for Idaho Creek Phase 2 and 3
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
Katie Cooley,
Hall -Irwin has completed all the "punch list" items for Weld County in the Idaho Creek
subdivision. The last remaining item is a complete set of as -built plans for both phase 2 and 3.
Once Weld County Public Works receives and approves the as -built plans a hearing will be set
up to release the final amount for phase 2 and only 85 percent on phase 3. If you have any
questions please let me know.
4/4
Digitally signed by Josh Holbrook
DN: cn=Josh Holbrook c=U5,
o=Weld County,
emailNholbrook@comelctutus
Date: 2003.02.2015:00:30 -07'00'
Josh Holbrook
Weld County Construction Inspection Supervisor
Cell: 970.301.2622
Office: 970.304.6496 Ext. 3734
jholbrookaco.weld.co.us
`ISION LAND) Civil and Structural Engineers. Construction Management & Program Management
CONSULTANTS. INC.
`Fc ry25, 2009
Mr. Josh Holbrook
Weld County Public Works Department
1111 H Street, PO Box 758
Greeley, Colorado 80632
Re: KB Home Colorado Inc. "Idaho Creek Subdivision"
Request for Phase 2 and 3 Acceptance
Dear Mr. Holbrook
Vision Land Consultants, Inc. on behalf of KB Home Colorado Inc. is formally requesting
the acceptance and release of collateral for the following project:
Idaho Creek Subdivision Phase 2 — Final Acceptance and full release of Letter of Credit
#3075014 in the amount of $18.230.00.
Idaho Creek Subdivision Phase 3 — Initial Acceptance and 85% reduction of Bond
#SU501134 in the amount of $1,296,998.85 to be reduced to $194,549.83. KB Home
would also like to start the process for final acceptance for Phase 3 and would like to
discuss this process with you.
Additionally, KB Home has active bond #SU5010143 in the amount of $346,006.00 for
the Open Classroom Park. KB Home would also like Final Acceptance and full release
of collateral for this bond.
Please contact Katie Cooley at (720) 883-3832 if you have any further questions or
concerns.
Sincerely,
Vision Land Consultants Inc.
Katie Cooley
Construction Manager
on behalf of KB Home Colorado Inc.
603 Park Point Drive, Suite 100 • Golden, CO 80401 • Phone: (3031 674-7355 • Fax: (303) 674-3263
P.O. Box 679 • 135 E. Jasper Avenue • Granby, CO 80446 • Phone: (970) 887-2600 • Fax: (970) 887-3200
110 East 3rd Street, Suite 213 • Rifle, CO 81650 • Phone: (970) 625-1721 • Fax: (970) 625-1623
www.visionlandconsultants.com
VISION LAND)
CONSULTANTS, 'NC.
603 Park Point Drive
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
LETTER OF TRANSMITTAL
DATE: Aug. 10, 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 ❑ Prints
El Copy of Letter ❑ Change Order
COPIES
DATE
NO.
DESCRIPTION
1
8/10/09
Surety Reduction Request Letter w/ history and
update of Open Classroom
1
7/10/09
Original Bond SU5011134 - reduction $194,549.83
THESE ARE TRANSMITTED as checked below:
❑ Plans
❑ Signed Originals
❑ Samples
❑ Specifications
❑ 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
El Resubmit
❑ Submit_
❑ Retum
copies for approval
copies for distribution
corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO:
c:ldocuments and settingslkatieclmy documentsltransmittal.doe
SIGNED: Katie Cooley
Construction Manager
Weld County Planning Department
GREELEY OFFICE
AUG 1 p ynnq
RfiCEIVED
Wilk
COLORADO
August 25, 2009
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
Attn: Maria Pena
Aon Risk Insurance Services West, Inc.
P.O. Box 54670
Los Angeles, California 90054-0670
RE: Partial Cancellation and release of Collateral — Idaho Creek, Phase 3, KB Home of
Colorado, Inc.
Ms. Pena:
Attached hereto please find the Board of County Commissioners Resolution releasing the
Collateral for Idaho Creek, Phase 3, KB Home of Colorado, Inc., in the amount of
$1,296,998.85 and accepting Replacement Collateral in the amount of $194,549.83, and the
original Warranty Bond, issued by Aon Risk Insurance Services West, Inc./Arch Insurance
Company, in the amount of $1,296,998.85.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
Donna J. Be`Ehler,
Deputy Clerk to the Board
111k.
COLORADO
August 25, 2009
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
Attn: Doug Shelton
KB Home of Colorado, Inc.
7807 E. Peakview Avenue, Suite 300
Centennial, Colorado 80111
RE: Partial Cancellation and release of Collateral for Idaho Creek, Phase 3, KB Home of
Colorado, Inc.
Mr. Shelton:
On August 24, 2009, the Board of County Commissioners approved the cancellation and
release of Collateral, in the amount of $1,296,998.85, as referenced above, and accepted
replacement collateral in the form of a Warranty Bond in the amount of $194,549.83. Enclosed
is a copy of the Resolution signed by the Board of County Commissioners. I will forward a
copy of the signed and recorded Resolution to you as soon as it has been recorded. The
original Warranty Bond has been returned to Maria Pena at AON Risk Insurance Services
West, Inc.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
r
Donna J. B hler
Deputy Clerk to the Board
AON
SENT VIA FED EX
January 10, 2005
Mr. Barry Crawford
KB HOME COLORADO INC.
5975 S. Quebec Street, Suite 300
Centennial, CO 80111
RE: SUBDIVISION BOND
BOND NO.: SU501 1134
OBLIGEE: Weld County
BOND AMT: $1,296,998.85
Dear Barry:
Maria Pena
Commercial Surety Department
(213)630-1342
(213)689-9731
Please find the enclosed executed bond and copy pursuant to your request. We urge that
you recheck all information including signatures and dates to avoid having the bond
rejected because of a clerical error. This bond must be signed by a corporate officer,
sealed, notarized and then filed with the obligee.
Please be advised that there is no alteration permitted on this bond (white out, erasing,
crossing out, etc.), unless we have instructed. If any changes are needed please notify us.
Our invoice in the amount of $10,376.00 for the premium term 01/10/05 to 07 will be
included in the bulk billings for the month of January.
If you have any questions, please give me a call.
Sincerely,
/Maria Pena
Maria Pena
Team Leader
Enclosure(s)
Ann Risk Services, Inc of Southern California Insurance Services
707 Wilshire Boulevard Suire 6000 • Los Angeles. Cal➢buua 90017 • Mailing P.O. Box 51670 • Los Angeles_ Califomis 90057-0070
oh- 21 3.63O32017 • (ax. 213.6S9.4 1511 • License No. 05 30733 • www aonrom
0
ye
G
t3
FAITHFUL PERFORMANCE BOND
SUBDIVISION
BOND NO.: SU5011134
PREMIUM: $10,376.00
KNOW ALL MEN BY THESE PRESENTS, That we, KB HOME Colorado Inc., as Principal, and
Arch Insurance Company, as Surety, are held and firmly bound unto Weld County, Colorado as
Obligee, in the sum of One Million Two Hundred Ninety -Six Thousand Nine Hundred Ninety -
Eight and 85/100-- Dollars ($1,296,998.85), lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said Principal has
entered into a Improvements Agreement with said Obligee, dated , in which
said Principal agrees to construct improvements in Subdivision known as follows:
Idaho Creek — Phase 3
Public Road Improvements
and, as a condition of approving said Subdivision, the Principal is required to give a bond to guarantee
completion of said improvements.
NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants and
obligations of said agreement on its part to be done and performed at the time and in the manner
specified therein, then this obligation shall be null and void; otherwise, it shall be and remain in full
force and effect and, in addition, Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action to enforce this bond.
Signed and sealed on January 10, 2005.
KB HOME Colorado Inc.
/1 -
By
Arch Insurance Company
B�
aria Pena, Attorney -in -Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On January 10, 2005 before me, Tracy Aston, Notary Public,
personally appeared Maria Pena personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
TRACY ASTON
_ Commlpbn • 1417626
4 Nota y Pubic • CallortYa t
lot AngSa CowWY
P/Naem. Dpl .Mlay 16, 2007
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
KD Conrad, C.K. Nakamura, Joyce Herrin, Tom Branigan, Edward C. Spector, Marina Tapia, Clarice Lee, Lisa L.
Thornton, Maria Pena, E.S. Albrecht Jr., Tracy Aston, Simone Gerhard, Michael R. Mayberry, Regina Rangel and
Brenda Wong of Los Angeles, CA (EACH)
its true and lawful Attomey(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:
My and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
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 Company may revoke this appointment at any time.
The execution of such bonds and undertakings 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 office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, 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 any Vice President, 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 to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, 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 March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, 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 March 3, 2003, 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.
00ML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
Insurance Group
IMPORTANT NOTICE CONCERNING THE TERRORISM RISK
INSURANCE ACT OF 2002
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the federal government will share,
with the insurance industry, in losses arising out of "acts of terrorism" certified as such by the :Secretary of the
Treasury. "Certified acts of terrorism" are defined as events that cause more than 55 million in losses and:
1. Are violent or dangerous to human life, property, or the infrastructure;
2. Result in damage within the United States, on a United States mission, or to a United States aircraft or
vessel; and
3. Are committed by individuals, arcing on behalf of foreign persons or interests, as part of an effort to coerce
the civilian population of the United States or to Influence the policies or conduct of the United States
• Government
The Act specifies that coverage for "certified acts of terrorism" must be made available in commercial property
and casualty policies of insurance, and ,it requires insurers to disclose any applicable premium charges and the
federal share of compensation. We are making these disclosures in strict compliance with the Act.
Disclosure of Availability of Coverage for Terrorism Losses
Coverage for losses resulting from "certified acts of terrorism" is being made available to you on terms, amounts,
and limitations generally applicable to losses resulting from perils other than acts of terrorism.
Disclosure of Federal Share of Compensation for Terrorism Losses
The federal government will pay a 90% share of an insurers terrorism losses once the insurer has satisfied a
significant aggregate annual deductible. For terrorism losses occurring in 2002, that deductible is 1% of the
insurer's 2001 direct earned premium. For losses occurring in 2003, 2004 and 2005, the annual insurer
deductibles are 7%, 10% and 15% of the prior years direct earned premium, respectively. The Act provides that
neither insurers nor the federal government are responsible for losses associated with "certified acts of terrorism"
once aggregate annual insured losses exceed $100 billion.
Disclosure of Terrorism Insurance Premium
Your Bond premium charge for "certified acts of terrorism' coverage is $ O.
SR 80 37 (Ed. 11 02)
Page 1 of 1 Printed in U.S.A.
Donna Bechler
From:
"ant:
Cc:
Subject:
Donald Carroll
Thursday, June 25, 2009 7:25 AM
Donna Bechler
Esther Gesick; Stephanie Arries
RE: KB Home Colorado - Idaho Creek Bond Reduction
The Don in the memo is Don Dunker,#3749
Original Message
From: Donna Bechler
Sent: Wednesday, June 24, 2009 1:01 PM
To: Donald Carroll
Cc: Esther Gesick; Stephanie Arries
Subject: FW: KB Home Colorado - Idaho Creek Bond Reduction
Hi Don,
I've been working on checking out collateral with the various banks, etc. I've had a hard
time getting ahold of someone with KB Home of Colorado — Idaho Creek, who could provide me
with any information. I finally located someone, and Katie Cooley just sent me this e-
mail. She said she has been trying to get ahold of Josh Holbrook, but he hasn't returned
her calls. The letter she sent me is from Josh to Don back in March, requesting.a
reduction in collateral for S554 (2005-0662). Katie said their records show they received
the reduction in collateral, however, we never received anything in our office, so we
still show collateral in the amount of $1,296,998.85. We will need the proper paperwork
in order to reduce their collateral. Can you confirm this has taken place?
Donna
From: Katie Cooley [mailto:katiec@vlcinc.com]
Sent: Wednesday, June 24, 2009 12:48 PM
To: Donna Bechler
Subject: FW: KB Home Colorado - Idaho Creek Bond Reduction
Please call me if you have any further questions/concerns.
Thanks,
Katie
From: Katie Cooley [mailto:katiec@vlcinc.com]
Sent: Monday, April 06, 2009 3:48 PM
To: 'Maria Pena'
Cc: 'Shelton, Douglas'
Subject: KB Home Colorado - Idaho Creek Bond Reduction
Hi Maria,
Attached is a letter from Weld County allowing the reduction of Bond #S0 501134 from
$1,296,998.85 to $194,549.83 which we will need for the one-year warranty period.
Can you please send a rider to KB Home Colorado attn: Doug Shelton?
I will deliver this to Weld County.
Thanks
Katie Cooley
Vision Land Consultants Inc.
720) 883-3832 cell
pL/307/
2ecq- a3
From: Shelton, Douglas [mailto:DShelton@kbhome.com]
Sent: Monday, April 06, 2009 3:27 PM
To: Katie Cooley
Subject: RE:
iria_pena@ars.aon.com
s13) 630-1342 phone
(847) 953-0407 fax
From: Shelton, Douglas
Sent: Monday, April 06, 2009 3:22 PM
To: 'Katie Cooley'
Subject:
Have a good day!
Doug
Doug Shelton
Director of Land
KB Home Colorado Inc.
303-323-1141
Consider the environment before printing this email.
MY HOME. MY EARTH.®
2
Page 1 of 3
Donna Bechler
From: Donna Bechler
Sent: Wednesday, June 24, 2009 4:58 PM
To: Kim Ogle
Subject: RE: KB Home Colorado - Idaho Creek Bond Reduction
Hi Kim,
Thank you for the Letter regarding Idaho Creek. I guess I still don't quite understand if the some of the collateral
for Phase 3 was supposed to be released since your letter states the Department was in favor of releasing some
of the monies because all required improvements were installed. She didn't say anything about the $346,006.00
(2004-3547) amount, just the one that was $1,296,998.85 (2005-0662).
Donna
From: Kim Ogle
Sent: Wednesday, June 24, 2009 4:43 PM
To: Esther Gesick
Cc: Donna Bechler
Subject: RE: KB Home Colorado - Idaho Creek Bond Reduction
Please see attached the findings of a site investigation
From: Esther Gesick
Sent: Wednesday, June 24, 2009 2:43 PM
To: Kim Ogle
Subject: FW: KB Home Colorado - Idaho Creek Bond Reduction
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, CO 80631
(970)356-4000 X4226
(970)352-0242 (fax)
From: Donna Bechler
Sent: Wednesday, June 24, 2009 1:01 PM
To: Donald Carroll
Cc: Esther Gesick; Stephanie Arries
Subject: FW: KB Home Colorado - Idaho Creek Bond Reduction
Hi Don,
I've been working on checking out collateral with the various banks, etc. I've had a hard time getting ahold of
someone with KB Home of Colorado — Idaho Creek, who could provide me with any information. I finally located
someone, and Katie Cooley just sent me this e-mail. She said she has been trying to get ahold of Josh Holbrook,
but he hasn't returned her calls. The letter she sent me is from Josh to Don back in March, requesting a reduction
in collateral for S554 (2005-0662). Katie said their records show they received the reduction in collateral,
6/25/2009
Page 2 of 3
however, we never received anything in our office, so we still show collateral in the amount of $1,296,998.85. We
will need the proper paperwork in order to reduce their collateral. Can you confirm this has taken place?
Donna
From: Katie Cooley [mailto:katiec@vlcinc.com]
Sent: Wednesday, June 24, 2009 12:48 PM
To: Donna Bechler
Subject: FW: KB Home Colorado - Idaho Creek Bond Reduction
Please call me if you have any further questions/concerns.
Thanks,
Katie
From: Katie Cooley [mailto:katiec@vlcinc.com]
Sent: Monday, April 06, 2009 3:48 PM
To: 'Maria Pena'
Cc: 'Shelton, Douglas'
Subject: KB Home Colorado - Idaho Creek Bond Reduction
Hi Maria,
Attached is a letter from Weld County allowing the reduction of Bond #SU 501134 from $1,296,998.85 to
$194,549.83 which we will need for the one-year warranty period.
Can you please send a rider to KB Home Colorado attn: Doug Shelton?
I will deliver this to Weld County.
Thanks
Katie Cooley
Vision Land Consultants Inc.
(720) 883-3832 cell
From: Shelton, Douglas [mailto:DShelton@kbhome.com]
Sent: Monday, April 06, 2009 3:27 PM
To: Katie Cooley
Subject: RE:
maria pena@ars.aon.com "#
(213) 630-1342 phone
(847) 953-0407 fax
From: Shelton, Douglas
Sent: Monday, April 06, 2009 3:22 PM
To: 'Katie Cooley'
Subject:
Have a good day!
Doug
Doug Shelton
Director of Land
KB Home Colorado Inc.
303-323-1141
�I�CE "Orr;
0713-
6/25/2009
6/25/2009
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
COLORADO
April 1, 2009
Katie Cooley
Vision Land Consultants, Inc.
603 Park Point Drive, Suite 100
Golden, CO 80401
Subject: Idaho Creek Subdivision, Planning Case No. AmPF-554
Dear Ms. Cooley:
The Department of Planning Services, at the request of the Department of Public Works, conducted a
field assessment to determine if the improvements had been completed for the non -transportation items
as outlined on drawings prepared by Valerian, LLC of Littleton, Colorado for Phases II, Ill and the Open
Classroom Park component associated with this development.
The Department of Planning Services has the following comments:
Two street trees are missing, East side of County Road 7% at barricade near Lots 11, 10 and 9 as
delineated on the Valerian, LLC drawing L-4 dated October 12, 2001. Additionally, the callout is for the
ground plane to be planted in short grass seed mix. Visual inspection determined several areas of bare
earth without coverage.
The Area identified as Tract N — Park has been upgraded with a new four swing component with one inch
minus wood chips serving as the base surface. Depth of the base surface is greater than six inches at the
location inspected. The area is surrounded by a cast in place concrete curb, flush with grade. The Kid
Builder 103 or Equal, Play Structure manufactured by Recreation Plus, Ltd., of Golden Colorado, appears
to have been replaced with a newer play structure. The replacement and upgrades of the play structures
are acceptable to this office. From appearances, the base plane will be a synthetic or rubberized surface,
similar to Fibar, as specified on the Landscape drawings prepared by Valerian, LLC drawing L-13 dated
October 12, 2001. This component is not yet installed, although the materials are on site.
The bus shelter and trash receptacle are in place. Previous site inspection has identified a picnic table
beneath this the bus shelter canopy, although not present on this visit, March 31, 2009. Should the picnic
table be considered a part of the park improvements, thi item should be replaced. The public restroom
facility has been constructed, although the door is locked, limiting access. This situation has not changed
from previous site investigations, County representatives have found the restroom locked in each site
investigation, this is not acceptable. County requests follow-up information on the reasoning behind the
limit accessibility to the restroom. Is this action due to vandalism? Are there hours of posted when the
restroom is open for use?
There is a "Cargo"container on site that is not a part of the approved plan and shall be removed
immediately after the completion of the improvements to the park.
The Open Classroom Park component of this development has several issues that will require
addressing. The access drive from County Road 7'/ into the parking area has one overhead light at the
entrance drive apron from County Road 7' 'A; this location is outside of the area identified as the Open
Classroom Park component and is within the area identified as Block 14, Lot 1 St. Vrain School District.
Staff requests one overhead light installed in the parking area, preferably near the trailhead to the west of
the parking area, for both safety and security purposes as outlined in the Improvement Agreement dated
December 20, 2004.
The trail is comprised of crushed stone fines that have been graded and rolled. The entrance to the trail is
identifiable with the board fence not detailed in the drawing package from Valerian, LLC. This new
element is acceptable to this office as the park user is directed to the trailhead to the open space. There
are three signs on two metal posts warning pedestrians of expected conditions; i.e., coyotes, snakes, and
otherwise providing safety information. Information; stay on trails, no swimming, do not walk on the ice, et
cetera. Internal to the open space area located west of the parking area and adjacent on the north side of
the trail is the Idaho Creek Open Space Park - Welcome sign as delineated on drawing L-14 from
Valerian, LLC. The "Welcome Sign" is appropriately sited and installed for use by visitors.
Visual inspection determined that prairie dogs are abundant in this area and have impacted the surface of
the trail, the trail edge, the observation vistas and the adjacent land forms, potentially causing a safety
concern. The burrowing holes are large, the displaced material from the burrowing animals creates an
uneven surface, including the mounding of materials and the colonies are extensive. It is requested of
representatives for KB Home Colorado, Inc., to provide a follow-up plan of action to address this current
condition.
Sign 1 discussing animals is not present at the location delineated on the drawings, and the likely post to
support this sign is lying on the ground and is not secured with concrete as required. Sign 2 discussing
mallard ducks is also not present, although the pedestal for the sign is in place. Sign 3 discussing prairie
dogs is present. Each of the information panel locations has a bench and trash receptacle as delineated
on the Landscape detail drawings. At a minimum, the signs shall be correctly installed in the locations
delineated on the approved plan set for this subdivision.
Sheet L-12 from Valerian, LLC shows required evergreen deciduous and ornamental trees and the
evergreen and deciduous shrubs by quantity, for the entire development. While this list appears to
represent the existing plant material placed within the development, it is disconcerting that the mature
trees, understory vegetation, herbaceous material and riparian edge material associated with the Open
Classroom Park component of this development has been removed as in the case of the mature trees
and understory vegetation. The ground plane and riparian edge vegetation is also compromised in
several locations within the open space classroom park and there are several areas where past vegetative
trimmings are piled on the land, creating both potential habitat and nuisance conditions. Representatives
for Planning Services visually identified several areas staked for what is perceived to be a new plant
material installation, both within the trail area and also in the area identified as a future trail connection to
the school if ever constructed on site. The action proposed to be taken by unknown others is a positive
step into returning the op[en space into a viable outdoor classroom and positive habitat development.
Should these new planting areas be installed, the Department of Planning Services requests an updated
Landscape Plan be submitted to this office for recording.
Requested Follow -Up
Given the uncertainty of the timing and installation of the plant material, this office requests a time line for
installation, the plant materials to be planted, and any other improvements to be installed, for our records.
The native seed mix and the short grass mix, identified as non -irrigated, are spotty in places as previously
discussed in the comments concerning plantings east of County Road 71/2 at the barricade.
Recommendation
In summary, the Department of Planning Services is in support of the release of monies for the non -
transportation improvements for the Idaho Creek Subdivision Phase 2 and Phase 3 as all required
improvements have been installed. This office requests Ms. Cooley, Construction Manager, for KB Home
Colorado, Inc., provide evidence that the single handicapped restroom located within the community park,
identified as Tract N on all drawings is both operational and accessible.
The Department of Planning Services is not in support of the release of any monies for the Open
Classroom Park as there are several issues presented herein that will require immediate attention and
action. Further, it is the recommendation of this office that the Faithful Performance Bond (Subdivision)
#SU 5010143 issued by Arch Insurance Company in the amount of three hundred forty six and 6 and
no/100s ($346,006.00) dollars for the Open Space Parks Collateral be retained until all approved
improvements shown on the Valerian, LLC drawings, as discussed here are installed, replaced, and
maintained in good condition for a minimum warrantee period of one year, thereby allowing all plant
material to demonstrate the ability to thrive and grow.
Should representatives for KB Home Colorado, Inc., have questions or concerns regarding these
requests, please contact this office for clarification. My points of contact are listed in the masthead.
Thank you.
Sincerely,
Kim Ogle
Planning Services
Enclosures
ec: B. Barker, Attorney's Office
E. Gesick, CTB
T. Honn, Building/Planning
D. Bauer, Public Works
D. Dunker, Public Works
D. Carroll, Public Works
J. Holbrook, Public Works
4tcre
COLORADO
July 23, 2010
Attn: Maria Pena
Aon Risk Insurance Services West, Inc.
707 Wilshire Boulevard, Suite 6000
Los Angeles, California 90017
RE: Warranty Bond #SU5011134 for KB Home Colorado, Inc.
Ms. Pena:
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4227
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
Per our phone conversation on 07/23/2010, this letter shall act as a reminder to you of your obligations to
the Board of County Commissioners of Weld County under the above -referenced Warranty Bond.
As you are aware, on the 10th day of July, 2009, Arch Insurance Company issued a Warranty Bond on
behalf of KB Home Colorado, Inc., naming the Board of County Commissioners of Weld County as
beneficiary. The dollar amount of the Performance Bond was established at One Hundred Ninety -Four
Thousand Five Hundred Forty -Nine dollars and Eighty -Three Cents ($194,549.83).
The terms of the Warranty Bond require that it be maintained by your institution for the period of One year
following the date of acceptance of the said improvements, during the one-year (1) guarantee period. In
addition, the terms of the bond state that the obligation is to remain in full force and effect unless all claims
and demands under the contract have been satisfied. According to our Departments of Planning Services
and Public Works, there are still items that need to be completed before there can be a final inspection, and
they do not feel these items will be completed before the 08/24/2010 deadline (which is one year from the
date of acceptance by Weld County). Weld County has not received any notice of termination, and
therefore requests a letter or Renewal Bond from you stating that the bond shall remain effective for an
additional year, until 08/24/2011.
If you have any questions regarding this letter or your obligations under the Warranty Bond, or if you
disagree with any of the statements contained herein, please call Donna Bechler, at 970-336-7215,
ext. 4227, or Stephanie Arries, County Attorney, at 970-336-7235.
Very tr ly yours,
Bruce T. Barker
Clerk to the Board
By:
Deputy Cler
pc KB Home Colorado, Inc.
07°,9 aa�
r�
m
ors-
-
ru
ru
U.S. Postal Services
CERTIFIED MAIL., RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Postage
m
O Certified Fee
O
p Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
IU (Endorsement Required)
rCI
Lig
O
O
N
Total Postage & Fees
or POaox Na" 7 P /sJ1re6/Va' 10.L>l Cifv State 7!P..
• Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the malipiece,
or on the front if space permits.
1. Article Addressed to:
,444 .'' 44a
/904 /7"1at'J/rs!(mree
/Vest
Pc Az -5 4/ 70
2. Article Number
(lfensfer from service rebel)
PS Form 3811, February 2004 Domestic Return Receipt
D. Is delivery add ::< dHl= > from -.e 1? • Yes
If YES, enter delivery address below: O No
3. Service Type
IVCedified Mall
O Registered
❑ Insured Mall
❑ Express Mall
fi>etum Receipt for Merchandise
❑ G.O.D.
7005 1820 0003 5224 7693
102595 -02 -M -t540
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4227
FAX: (970) 352-0242
P. 0. BOX 758
GREELEY, COLORADO 80632
COLORADO
July 23, 2010
Attn: Doug Shelton
KB Home of Colorado, Inc.
7807 East Peakview Avenue, Suite 300
Centennial, Colorado 80111
RE: Warranty Bond #SU5011134 for KB Home Colorado, Inc.
Mr. Shelton
I spoke with Marie Pena at Aon Risk Insurance Services West, Inc. on 07/23/2010, regarding the above -
referenced Warranty Bond. I am enclosing a copy of the letter I am sending her.
I received information from the Departments of Planning Services and Public Works stating there are still
some pavement repairs that need to be completed and an information sign needs to be installed in the
outdoor classroom before the collateral can be released. The Warranty Bond that is in place at the present
time will need to be extended for an additional year if the improvements are not completed before the 24th
of August. Ms. Pena has agreed that an extension may be warranted, but they need to receive a letter from
you requesting the extension.
If you have any questions regarding this letter please call Donna Bechler, at 970-336-7215,
ext. 4227, or Stephanie Arries, County Attorney, at 970-336-7235.
Very ily yours,
Bruce T. Barker
Clerk to the Board
By:/ 4iimatt
Deputy Clerk to the Board
020c9 aefl_5
,o/ /A9/
U.S. Postal Service,.,
CERTIFIED MAIL., RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
m
Certified Fee
O REALM) Receipt Fee
(Endorsement Required)
f1J Restricted Delivery Fee
(Endorsement Required)
W
rl
v1
O
1' -
Sent To ,,/
S(reet, f No.; T �� /, �
or P0
Box No 4222 Cr /jy� `.E'!1%/J/,t a'
CM. Ste IP+4 613e
SENDER: COMPLETE THIS SECTION
• Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
4/14 .Oioaq �4iellor/
7d'a7E/oeaki/2ee 4e $ 3 Type
e enIenitia / L'v Jew/ w/ !a Certified Mall r❑rw�E�xpress Pfeil
❑ Registered gr.retum Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
COMPLETE THIS SECTION ON DELIVERY
4. Restricted Delivery? (Extra Fee)
El Yes
2. Article Number
(Transrer from service label)
PS Form 3811, February 2004 Domestic Return Receipt
7005 1820 0003 5224 7686
102595-0SIht540
RIDER
To be attached to and form a part of
Type of Bond: Warranty Bond
Bond No.: SU5011134
executed by KB HOME Colorado Inc., as Principal,
and by Arch Insurance Company, as Surety,
in favor of Weld County, Colorado , as Obligee,
and dated July 10, 2009
In consideration of the premium charged for the attached bond, it is hereby agreed to:
Extended the warranty period
From: August 24, 2010
To: August 24, 2011
The attached bond shall be subject to all its agreements, limitations and conditions except as
herein expressly modified.
This rider is effective August 24, 2010
Signed and Sealed August 9, 2010
Principal:
Surety: Arch Insurance Company
By
Maria Pena, Attorney -in -Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 9, 2010 before me, Tracy Aston, Notary Public,
personally appeared Maria Pena, who proved to me on the basis of
satisfactoryevidence to be the- person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me athat
he/she/they executed the samein his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon; behalf of which the person(s) acted;
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
TRACY ASTON
Commission # 1739959
Jotary Public -California
Los Angeles County '-'
.g M/Ccmm.Ezpresfinny15,2011
larda
Tracy Aston
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
KD Conrad, C.K. Nakamura, Joyce Herrin, Tom Branigan, Edward C. Spector, Marina Tapia, Lisa L. Thornton, Maria
Pena, E.S. Albrecht, Jr., Tracy Aston, Simone Gerhard, Michael R. Mayberry, Brenda Wong and Noemi Quiroz of Los
Angeles, CA (EACH)
its true and lawful Attomey(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 and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
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 Company may revoke this appointment at any time.
The execution of such bonds and undertakings 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 office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, 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 any Vice President, 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 to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, 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 March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, 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 March 3, 2003, 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.
00ML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
Martin J. Nil ;.' , Secretary
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 1st day of May , 20 08 .
Arch Insurance Company
Attested and Certified
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
J. Mihael •ete, Tice • '-siden
I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be
the same persons whose names are respectively as Secretary and 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
COMMONWEALTH OP PENNSYLVANIA
CERTIFICATION
NOTARIAL SEAL
Brian C. Kuhn, Notary Public
City of Philadelphia, Philadelphia County
My commission expires December 06, 2011
Brian C. Kuhn; Notary Public
My commission expires 12-06-2011
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
May 1, 2008 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 J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution
of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance
Company on this 9th day of August .20 10
Martin J. Nil%eyt, 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 Contractors & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
OOML0013 00 03 03
Page 2 of 2
Printed in U.S.A.
Hello