HomeMy WebLinkAbout20020821.tiff PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION
FOR PLANNING DEPARTMENT USE ONLY:
Case Number Application Fee:
Zoning District Receipt Number:
Date Application Checked By:
Planner Assigned to Case:
BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned, hereby requests the Department of Planning Services to administratively review this
application or request a hearing before the Board of County Commissioners, if applicable, concerning the Final
Plan of this proposed subdivision of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION: SEE A1TACWEO
(If additional space is required, attach an additional sheet of this same size.)
PARCEL NUMBER:jail 1_ I Q 0_QA 0 12 digit number found on Tax I.D.or obtained in Assessor's Office.)
NAME OF PROPOSED PUD SUBDIVISION /�TR/'/Eleg 2700 teak SuBQIULfsW
EXISTING ZONING 72-6 Pub CHANGE OF ZONE CASE NUMBER An -Sr/
TOTAL AREA (ACRES) /00.1&1Y I'C TOTAL AREA(acres) OF COMMON OPEN SPACE co'?-
NO. OF PROPOSED LOTS 3S/ LOT SIZE: AVERAGE ag0Ot/- MINIMUM .ars
UTILITIES: WATER: NAME t-EFT1{420 U/If TER D STkxct
SEWER: NAME 51: Vrre..'n SIMilt-at en DtjM`J-
GAS: NAME lcN eM tbit
PHONE: NAME 4w 'sr
ELECTRIC: NAME QNLTEI POWER.
DISTRICTS: SCHOOL: NAME STI/Rt1914) V4.-Lft'cr t DIS'TR?LT
FIRE: NAME fit IV tX4/
ENGINEERS NAME ()wok gerC fond) AMA Cansa/f.•..S PHONE 05130
ADDRESS 11232 E. Rork.Me.elaws A'. taitehnict, PHONE
salty
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN:
NAME: SEE 47t741-04a) HOME TELEPHONE:
ADDRESS: BUS. TELEPHONE:
NAME: HOME TELEPHONE:
ADDRESS: BUS. TELEPHONE:
APPLICANT OR AUTHORIZED AGENT (if different than above):
NAME: Bo (ARAI/Oa) 4 HOME TELEPHONE:
ADDRESS: Bed/ E. ?elkv/tom sari .2'o BUS. TELEPHONE: 303 2. o-ti0y7
Denier, to Y0317
OWNER(S)AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES:
NAME: s Et Ai 17594WED
ADDRESS: 2;; (�
Signature: Owner or Authorized Agent
2002-0821
28
Information delivered to
the Weld County Department of Planning Services
The Department of Planning and Zoning suggests at the time of submission all incoming
correspondence and Mylar be reviewed by the planner. In situations where this is not possible,
please complete the following information to ensure that submitted material is given to the
correct person. In absence of this information a delay in response time will likely occur.
PLEASE PRINT LEGIBLY
Date Submitted: 1 - / 4" " CI 2_
List item(s) submitted n , /Lc,
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Person submitting information:
Name: Ce-1
Telephone number(s): 3ii> 6 64
Fax number:
Applicant:
Name: 1'c,,,% (), k
Case number: 4M— >
Planner working with: )7)n--
Has the recording fee for the Mylar been paid? -------
If no, please pay$10/per page
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Submitted by: �� 4 zc v — Date: -?�/, //�
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eu by: t Date:
iNI-YoVPFILEJ Csuildin¢Icims{oreceivir.wnd
IDAHO CREEK SUBDIVISION
LEGAL DESCRIPTION:
PT N2 10-2-68 BEG NW4 N89D01'E 1324.07' SOD31'E 983.54' TO POB N89D01'E 2645.93'
S00D35'E 1653.29' 589D05'W 2647.85' N0D31'W 1650.46' (2D) SITUS: WELD
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February 12,2002
Monica Daniels-Mika
Director
Weld County
Planning& Building Inspection
1555 North 17111 Avenue
Greeley, Colorado 80631
Re: Amendment Final Plat, Idaho Creek Subdivision, ( tags No M-.554
Dear Monica,
After many conversations and meetings concerning setbacks, I am pleased to submit the Amended.hinal
Plat, Idaho Creek Subdivision. Although there may he disagreement as to how this situation came to be,
KB Home agrees that the suggested plat amendment process is the proper process to rectify this matter.
To summarize, the Idaho Creek Subdivision, Case No. AM-554 was approved through the Planned Unit
Development zoning that promotes flesihility from Weld County code. During the application and review
process,two setback/lot coverage studies were submitted to Weld County for review and consideration that
were the underlying basis for design of the preliminary and final plan:
The first study by Picket Engineering Company dated June 0I. 1999. measured setbacks to the foundation.
wall. Said plot plan study clearly states "Foundation Plan" for the proposed nine models. The second plot
plan study by Manhard and dated 11 November 2000_ also displayed setbacks measured to the foundation
walls although not clearly labeled as either foundation 01 eaves. In either case,eaves and overhangs were
not shown on the plot plans,nor was there comment or(Iisens: ion From neither the consultants nor Weld
County regarding the missing eaves from the plot plans. Therelhre. the subdivision plat was designed
based upon house lot-fit for setbacks measured to bit nil,i 11(111 walls that was ultimately submitted,reviewed
and subsequently approved by Weld County through the Planned Development process.
Upon building permit application review :Ind to KIt I loitiels sot ise. a Weld County Building Official
believed a potential zone code violatioo eNistud by race ,germs /Mgt into setbacks by one foot. Weld
County Officials purported that setback: are measured It propero line to eaves, overhangs and building
edifices. Weld Comity Staff reported the erbnrk dennition had hire in place for years as well as plotting
practices requiring certain graphical itemv terries ;u I/harnrfrnionv measuring setbacks be displayed upon
plot plans. It could be deduced either the I'I) application intended to measure setbacks to the foundation
wall or the long standing practice of measuring setbacks to eaves seas overlooked by all parties involved.
The dilemma being: Weld County Officials desire to uphold the practice of measuring setbacks to eaves,
overhangs, edifices while KB Home desires to develop aesthetically appealing subdivision with a multiple
products as approved through the Planned I)evelopnlent which HMV requires expeditious decision regarding
setback measurement.
The two solutions presenting itself are to either: (1) alimn defining setbacks to the foundation walls; or
(2)Amend the plat by subtracting one tool from from. side and rea setbacks to accommodate eaves. Weld
County Staff, in addition to recommending increasing the coverage ratio to 60%,preferred the latter
solution.
KB HOME COLORADO INC. 8401 E. BELLEVIEW AVENUE SUITE 200 DENVER, CO 80237
TEL 303 220 6000 FAX 303 773 1930 KBHOME.COM
� 4
Either solution is consistent with the spirit and intent of Weld County.s Planned Development code as the
follows:
. . . To allow an alternative method for property owners to apply
flexibility in developing their land which may not he possible under the
normal application of the Weld County Code, Chapters 23 and 24." It
further states,"The Pill) District is not intended to be used to
circumvent or distort the policies and objectives of Chapters 22,23,24
and 26 of the Weld County code".
By all means, 1 believe, no one by KB I Ionic, Carlsons, the consultants or Weld County Officials tried to
distort the policies or code. Rather, setback defining simply lelI through the cracks. Unfortunately though,
the Idaho Creek preliminary and final planing was designed, reviewed, approved and now constructed,
based upon submitted plot plan studies that measured the setbacks to the foundation wall.
Examining the County Commissioners utinotes, I I'eliece we all concur that having an affordable,
aesthetically appealing neighborhood w varying I:nih;ige cle•,:uious is a desirable goal for Weld County.
The Idaho Creek Planned Development tt-es designed b:,scd upon these goals. Regrettably, a mistake
occurred that could jeopardize realizinc this comnutuit
Therefore, as discussed please find enclosed 25 packets for the plat amendment and a check in the amount
of$535 for the application. As always. please contact at ale on my cell phone(303)356-9571 if a problem
should arise or further clarification is required.
Sincerely,�
ob Caravona
Project Manager
Enclosure
CC: J. Healy, Land Development Director
03/27/2002 22: 27 3037736704 KB LAND PAGE 01/03
Jr ild 'F0312; _li
From: Bob Caravona
Forward Planner
Phone: (303) 220-6047
Fax: (303) 773-6704 8401 East Belleview Avenue, Suite 200
Denver, Colorado 80237
To: Monica Daniels-Mika
Company: Weld County
Fax: 970-304-6498 Phone: 970-353-6100, ext. 3540
Date: 3/28/02 10:18 AM Pages: 3 (including this one)
• Comments:
Monica,
Per your request, please find attached the MlnivanNan Dimension study. Please note, the
majority of the minivan's length are 17'. However, the extended wheelbase models of VANS
are usually 19'
At Winter Park, I studied parking requirements for mountain towns and considered the
impacts of the new, "supersized" vehicles. The end result and thought was it would be
infeasible to change the Town's parking space requirements in order to accommodate the
few 'supersized' models. All exisiting residentials and commercial developments would be in
violation of the code if the Town were to increase parking standards. It became a consumer
issue: don't buy the 'supersize' car if your space/garage is not big enough.
In general, outdoor parking spaces were 9' x 18' and compact spaces were 8' x16'.
If you need additional information, I could provide you a web site of the parking study.
Sincerely,
Bob Caravona
cc: Don Carol
If you did not receive any page of this transmission,please call 303-220-6000
03/27/2002 22: 27 3037736704 KB LAND PAGE 02/03
2002 Minivans and Vans Exterior Dimensions
Inches Feet
Make Model Length Width Length Width
Cheverolet Astro Passenger 189.8 77.5 15.82 6.46
Astro Express 218.8 79.4 18.23 6.62
Express, 2500 Extended 238.8 79.4 19.90 6.62
Express, 2500 Regular 218.8 79.4 18.23 6.62
Express, 3500 Extended 238.8 79.4 19.90 6.62
Express, Lt 218.7 79.4 18.23 6.62
Astro Cargo 189.8 77.5 15.82 6.46
Venture 186,9 72 15.58 6,00
Venture Extended (all models) 200.9 72 16.74 6.00
Chrysler Town and Country (all models) 200.5 78.6 16.71 6.55
Voyager 189.1 78.6 15.76 6.55
Dodge Truck Ram Van, 3500 Maxivan 231.2 79.8 19.27 6.65
Ram Van, 3500 LWB 205.2 79.8 17.10 6.65
Ram Van, 2500 Maxivan 231.2 79.8 19.27 6.65
Ram Van, 2500 LWB 205.2 79.8 17.10 6.65
Ram Van, 1500 SWB 187.2 79.8 15.60 6.65
Ram Van, 1500 Maxivan 231.2 79.8 19.27 6.65
Ram Van, 1500 LWB 205.2 79,8 17.10 6.65
Ram Conversion Van, 3500 Maxivan 231.2 79.8 19.27 6.65
Ram Conversion Van, 3500 LWB 205.2 79.8 17.10 6.65
Ram Conversion Van, 2500 LWB 205.2 79.8 17.10 6.65
Ram Conversion Van, 1500 SWB 187.2 79.8 15.60 6.65
Ram Conversion Van, 1500 LWB 205.2 79.8 17.10 6.65
Dodge Ram Wagon, 2500 205.2 79.8 17.10 6.65
Ram Wagon, 1500 187.2 79.8 15.60 6.65
Grand Caravan, eL, eS, eX 200.5 78.6 16.71 6.55
Caravan, Sport 189.3 78.6 15.78 6.55
Caravan, eC 189.3 78.6 15,78 6.55
Grand Caravan, Sport FWD 200.5 78,6 16.71 6.55
Grand Caravan, SE 200.5 78.6 16.71 6.55
Ram Wagon, 1500 200.5 78.6 16.71 6.55
Ram Wagon, 2500 205.2 79.8 17.10 6.65
Ford Winstar Wagon (LX, LX Stnd., Lmtd.) 201.5 76.6 16.79 6.38
Winstar Cargo 200.9 75.2 16.74 6.27
Windstar Wagon SE, Sel 201.5 76.6 16.79 6.38
E-series Van, 350 XL Extended 231.9 79.3 19.33 6.61
E-series Van, 350 Super Duty 211.9 79.3 17.66 6.61
E-series Van, 250 Extended 231.5 79.3 19.29 6.61
E-series Van, 150 211.9 79.3 17.66 6.61
E-series Wagon, E 150 XL 211.9 79.3 17.66 6.61
r GMC Savanha Passenger Van 218.8 79.4 18.23 6.62
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n
Savana Cargo Van 1500 Reg. 221.5 79.1 18.46 6.59
Savana Cargo Van 2500 Ext. 238.8 79.1 19.90 6.59
Savana Cargo Van 2500 Reg. 221.5 79.1 18.46 6.59
Savana Cargo Van 3500 Extend. 238.8 79.4 19.90 6.62
Savana Cargo Van 3500 Reg, 218.8 79.4 18.23 6.62
Savana SLT Passenger Van 218.7 79.4 18.23 6.62
Safari Passenger Van 189.8 77.5 15.82 6.46
Safari Cargo Van 189.8 77.5 15.82 6.46
Honda Odyssey LX, EX, EX, EX-L 201.2 75.6 16.77 6.30
Kia Sedona, EX 194.11 74.6 16.18 6.22
Sedona, LX 194.1 74.6 16.18 6.22
Mazda MPV, ES 187,8 72.1 15,65 6.01
Mercury Villager, Popular 194.9 74,9 16.24 6.24
Villager, Sport, Sport Plus. 194.9 74.9 16.24 6.24
Villager, Value 194.9 74.9 16.24 6.24
Villager, Estate, Premium 194.9 74.9 16.24 6.24
Nissan Quest, GXE, GLE 194.6 74.9 16.22 6.24
Quest, XE 194.6 74.9 16.22 6.24
Oldsmobile Silhouette GL, GLS 201.4 72.2 16.78 6.02
Silhouette, Premiere 201.4 72.2 16.78 6.02
Pontiac Montana 187.3 72.7 15.61 6.06
Montana Extended 200.9 72 16.74 6.00
Toyota Sienna, CE, LE, XLE 194.2 73.4 16.18 6.12
Volkswagon Eurovan GLS, MV 188.5 72.4 15.71 6.03
* Source: Extracted from manufactures specifications found on Yahoo.com.
Section 23-1-90 Definitions.
OFFSET: The horizontal distance between any BUILDING and a LOT line, other than a
STREET right-of-way line.
Change to:
OFFSET: The horizontal distance between any BUILDING or STRUCTURE, as measured from
the farthest projection of the BUILDING or STRUCTURE except for window wells, air
conditioners. gutters or down spouts. and a LOT line, other than a STREET right-of way line.
SETBACK: The horizontal distance between any BUILDING or STRUCTURE and the
established PUBLIC or private STREET right-of-way line.
Change to:
SETBACK: The horizontal distance between any BUILDING or STRUCTURE, as measured
from the farthest projection of the BUILDING or STRUCTURE except for window wells, air
conditioners, gutters or down spouts, and the established PUBLIC or private STREET right-of-
way line.
r
02/25/2002 22: 44 3037736704 KB LAND PAGE 01
From: Bob Caravona
Forward Plannerr
Phone: (303) 220-6047
Fax: (303) 773-6704 8401 East Belleview Avenue, Suite 200
Denver, Colorado 80237
To: Monica Daniels-Mica
Company: Weld County
Fax: 970-304-6498- Phone:
Date: 2/26/02 10:44 AM Pages: 9 (including this one)
• Comments;
Monica.
Per your request, please find attached a License Agreement for Idaho Creek. As February
26, 2002 the public notice by certified mail to Mineral Rights Owners/Lessors has been
mailed. I obtained copies of the letter and certified mailing receipts. Once the certified
mailing cards have been returned, I will give you copies.
Lastly, is there going to be a staff report for the Utility Board Hearings?
Sinprel
Bob Caravona
If you did not receive any page of this transmission,please call 303-220-6000
02/25/2002 22:44 3037736704 KB LAND PAGE 02
Construction License and Indemnity Agreement
This Construction License and Indemnity Agreement (the "License") wholly replaces any
prior construction license or other similar agreements by and between the parties and all such
prior construction licenses are deemed of no further force or effect, and is made and entered into
as of the 3rd day of December, 2001, between PARICWOOD PROPERTIES, LLC and
BROMLEY 132, L.L.C. (collectively, "Seller"), and KB HOME COLORADO INC., a Colorado
corporation ("Buyer"),with reference to the following facts;
A. Seller holds title to certain improved real property (the "Project Property") located
in the County of Weld, State of Colorado, and as more!particularly described on Exhibit A
attached hereto.
B. Seller and Buyer have entered into an Agreement for Purchase and Sale of Real
Property and Escrow Instructions dated October 2, 2001 (the "Agreement") pursuant to which
the Project Property has been subdivided into 351 single-family lots ("Lots") and Seller agreed to
sell the Lots to Buyer pursuant to the terms and conditions Of the Agreement.
C. Pursuant to the Agreement, on today's date Seller has transferred title of the 200
Mandatory Lots within the Project Property to Buyer. Further, pursuant, Seller has granted an
option to Buyer to acquire the remaining 151 Option Lots ;within the Project Property to Buyer
(..Property").
D. Pending Buyer's (or Buyer's assignee's) pm-Chase of the Property pursuant to the
Agreement, Buyer desires the continuing right to enter upon, the portions of the Property for the
purposes of grading, street widening, utility installations, site preparation, site development,
house construction, stockpiling materials, equipment and other related activities incidental
thereto, and all such other activities and work on the Property as Buyer deems necessary and
other related activities incidental thereto (collectively "Consfrttction Activities").
E. Seller desires to grant a license to Buyer for such purpose.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained in this License, and the Agreement, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows:
1. Grant of License. From and after the dated hereof, Buyer (and Buyer's agents,
employees, contractors and subcontractors) shall have the non-exclusive right and license to
enter upon the Property, as the same exists from time to thine, for the purposes of Construction
Activities; provided, that in conducting all such Construction Activities, Buyer complies with all
laws and regulations applicable and obtains and maintains the insurance described in Paragraph 4
below. Seller shall cooperate as necessary to execute any permit applications required for said
Construction Activities; provided, that Seller shall not be required to incur or pay any costs or
fees in connection therewith.
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2. Effect of Termination of Agreement Not Due to Seller's Default. If the
Agreement is terminated prior to Buyer's acquisition of all of the Property for any reason other
than a default by Seller, then, except as expressly limited herein:
a) Buyer shall assign to Seller all of the work Buyer has performed on the
Property;
b) Buyer shall execute any documentation reasonably necessary to convey
such work to Seller;
Upon such a termination of the Agreement (for any reason other than a default by Seller),
then, except as expressly limited herein, Buyer's rights to perform work shall immediately and
without further notice terminate, except that Buyer shall continue to remain on the Property for
so long as it is necessary to leave the Property in a reasonably safe condition. In no event shall
Buyer discontinue its work on or vacate the Property leaving an unsafe condition remaining. If
such should occur, Buyer shall pay to Seller the actual cost it incurs to make such conditions
reasonably safe; provided, however, that Seller shall remain responsible for any other cost
associated with improving the Property. If the Agreement is terminated for any reason other than
a default by Seller, Buyer shall cause the release of any liens against the Property which were
recorded against the Property as a result of Buyer's Construction Activities thereon. On such a
termination of the Agreement (for any reason other than a default by Seller), Buyer shall
immediately deliver to Seller all plans, specifications,permits and documents related to the work
performed by Buyer on the Property; provided that nothing herein shall be construed so as to
obligate Buyer to deliver any drawings, plans, specifications or schematics for the attached
and/or detached homes that Buyer intends to construct on the Lots.
3. Effect of Termination of Agreement Due to Seller's Default. If the Agreement is
terminated prior to Buyer's acquisition of the Property due to a default by Seller, then:
a. Buyer shall have none of the obligations set forth in Paragraph 2 above
(other than to leave the Property in a reasonably safe condition and to cause the removal of any
liens against the Property which were recorded against the Property as a result of Buyer's
activities thereon, except as provided in the final sentence of this Paragraph 3);
b. Buyer shall have no obligation to remove any work completed (but Buyer
may, at its option, remove any such work), provided that in all events Buyer shall leave the
Property and the work in a reasonably safe condition; and
c. Seller shall reimburse Buyer for all actual costs and expenses incurred by
Buyer in performing the work, removing the work (to the extent removed), and making the
Property safe, together with a fifteen percent (15%) administrative charge thereon, with such
reimbursement (the "Reimbursement Payment") to be made within ten (10) days following
Buyer's request (following a termination of this Agreement due to a default by Seller). In the
event of a termination of the Agreement due to a default by Seller, until the Reimbursement
Payment is made, Buyer shall have no obligation to remove any liens imposed against the
Property in connection with Buyer's activities thereon, and Buyer is hereby granted au equitable
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lien on and against the Property in the amount of the Reimbursement Payment, together with
interest thereon, and costs and expenses of collection, including reasonable attorneys' fees and
court or arbitration costs, and Buyer shall have all rights and remedies available to it under law
with respect to the enforcement of such lien, including, without limitation, the right but not the
obligation to record a notice of lien against the Property and to enforce that lien to the fullest
extent provided by law.
4. Insurance. At any time while Buyer is performing work on the Property, Buyer
shall obtain and maintain in full force and effect, at its own expense: (i) a policy of insurance
written by one or more responsible insurance carrier(s) which will include Seller as an additional
insured, insuring against liability for injury to persons and/or property and death of any person or
persons occurring in, on or about the Property, arising from Buyer's conduct. The liability limit
under such insurance shall not be less than $1,000,000 for the death oz injury of any one person
and not less than $3,000,000 for any one accident and $500,000 for property damage, and (ii) all
employee's compensation insurance required under applicable Workers' Compensation Acts.
Before commencing any work on the Property, Buyer shall furnish Seller with certificates of
insurance issued by the appropriate insurance carrier(s) demonstrating compliance with the terms
of this Paragraph and providing that such insurance shall not be canceled except after thirty (30)
days written notice to Seller.
5. Indemnity Regarding Buyer's Activities. All Construction Activities conducted
by or on behalf of Buyer pursuant to this License shall be in compliance with the developer's
agreement or subdivision improvements agreement and approved construction drawings for the
Property. Buyer hereby agrees to indernn fy and hold harmless Seller from and against all
claims, causes of action, damages, costs and expenses (including reasonable attorneys' fees and
costs), arising from any work or conduct engaged in by Buyer and Buyer's agents, employees,
contractors and subcontractors pursuant to Paragraph 1 above, or related to the commission or
omission of any act in connection with such conduct but not due to latent defects, Seller's actions
or the spread of Hazardous Substances (as defined in Exhibit B attached hereto) not placed on
the Property by Buyer.
6. Notices. All notices required hereunder shall be in writing, and shall be delivered
in the manner specified in the Agreement.
7. Attorneys' Fees. In the event of any action by Seller or Buyer concerning the
subject mater of this Agreement, the prevailing party shall be entitled to recover from the non-
prevailing party its costs and expenses of enforcing its rights hereunder, including actual
attorneys' fees.
8. Binding on Successors. The terms and conditions herein contained shall be
binding upon and inure to the benefit of the successors and assigns of the parties hereto.
9. Applicable Law. This License shall be construed in connection with the laws of
the State of Colorado.
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10. Partial Invalidity. If any provision of this License is held by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this License shall continue in full
force and effect and shall in no way be impaired or invalidated, and the parties agree to substitute
for the invalid or unenforceable provision a valid and enforceable provision that most closely
approximates the intent and economic effect of the invalid or unenforceable provision.
11. Entire Agreement. All exhibits referred to herein are attached hereto and
incorporated herein by this reference. This License and the Agreement contain the entire
agreement and understanding of the parties with respect to the subject matter hereof and cannot
be amended or modified except by a written agreement executed by each of the parties hereto.
The terms and provision of this License and the terms and provision of the Agreement shall be
read together as a single, integrated document. However, in the event of a conflict between the
terms and provisions of this License and the terms and provisions of the Agreement, the terms
and provisions of the Agreement shall prevail.
12. Counterparts. This License may be executed in one or more counterparts, each of
which, for all purposes, shall be deemed an original and all such counterparts, taken together,
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this License as of the date
set forth above.
SELLER:
PARKWOOD PROPERTIES, LLC,
a Colorado tmited liability company
By: "W,\A\
Title: (t,
BROMLEY 132,L.L.C.,
a Colorado limited liability company
By:
Title:
BUYER:
KB HOME COLORADO INC.,
a Colorado corporation
By:
Title:
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10. Partial Invalidity. If any provision of this License is held by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this License shall continue in full
force and effect and shall in no way be impaired or invalidated, and the parties agree to substitute
for the invalid or unenforceable provision a valid and enforceable provision that most closely
approximates the intent and economic effect of the invalid or unenforceable provision.
11. Entire Agreement. All exhibits referred to herein are attached hereto and
incorporated herein by this reference. This License and the Agreement contain the entire
agreement and understanding of the parties with respect to the subject matter hereof and cannot
be amended or modified except by a written agreement executed by each of the patties hereto.
The terms and provision of this License and the terms and provision of the Agreement shall be
read together as a single, integrated document. However, in the event of a conflict between the
terms and provisions of this License and the terms and provisions of the Agreement, the terms
and provisions of the Agreement shall prevail.
12. Counterparts. This License may be executed in one or more counterparts, each of
which, for all purposes, shall be deemed an original and all such counterparts, taken together,
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this License as of the date
set forth above.
SELLER:
PARKWOOD PROPERTIES, LLC,
a Colorado limited liability company
By:
Title:
BROMLEY 132, L.L.C.,
a Colorado limited liability company
By:
Title:
BUYER:
KB HOME COLORADO INC.,
a Colorado corporation
By:
Title: Sk'\P
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EXHIBIT A
to
Construction License and Indemnity Agreement
Property Description
Phase Block Lots # of Lots
I 13 1to16 16
J 1 69to81 13
11 2 to 15 14
K 11 . 1 1
1 66 to 68 3
10 l to 16 16
13 17 to 23 7
L 1 46 to 65 20
9 5to8, 9to11 7
M 1 37 to 45 9
9 l to 4, 12 to 16 9
1 20 to 28 9
N 8 1 to 16 16
1 17 to 19 3
3 1to8 8
Total 151 Lots
4SB-DE\DATA\DBP71 Legal\Agreementsudaho Creek Construction and Indemnityl.doc
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EXHIBIT B
to
Construction License and Indemnity Agreement
Definition of Hazardous Materials
The term "Hazardous Materials" as used in this Agreement shall mean any toxic or
hazardous substance, material or waste or any pollutant or contaminant or infectious or
radioactive material, including but not limited to those substances, materials or wastes regulated
now or in the future under any of the statutes or regulations listed below and any and all of those
substances included within the definitions of "hazardous substances", "hazardous materials",
"hazardous waste", "hazardous chemical substance or mixture", "imminently hazardous
chemical substance or mixture", "toxic substances", "hazardous air pollutant", "toxic pollutant"
or "solid waste" in the statues or regulations listed below. Hazardous Materials shall also mean
any and all other similar terms defined in other federal state and local laws, statutes, regulations,
orders or rules and materials and wastes which are, or in the future become, regulated under
applicable local, state or federal law for the protection of health or the environment or which are
classified as hazardous or toxic substances, materials or waste, pollutants or contaminants, as
defined, listed or regulated by any federal, state or local law, regulation or order or by common
law decision, including, without limitation, (i) trichloroethylene, tetrachloroethylene,
perchloroethylene and other chlorinated solvents, (ii) any petroleum products or fractions
thereof, (iii) asbestos, (iv)polychlorinated biphenyls, (v) flammable explosives, (vi) urea
formaldehyde, and (vii)radioactive materials and waste.
In addition, a Hazardous Material shall include:
(1) a "Hazardous Substance", "Hazardous Material", "Hazardous Waste", or "Toxic
Substance"under the Comprehensive Environmental Response, Compensation and Liability Act
of 1980, 42 U.S.C. §§ 9601, et seg., the Hazardous Materials Transportation Act, 49 U.S.C. §§
1801, et seq., or the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et .;
(2) "Oil" or a "Hazardous Substance" listed or identified pursuant to § 311 of the
Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other hydrocarbonic
substance or by-product;
(3) a material which due to its characteristics or interaction with one or more other
substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or
the environment, or is required by any law or public agency to be remediated, including
remediation which such law or public agency requires in order for the property to be put to any
lawful purpose;
(4) pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act,
7 U.S.C. §§ 136 et seq.;
\\SB-DE\DATA\DEP71Lega1\Agreements\Idaho Creek Construction and Inden nityl.doc
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•
(5) asbestos, PCBs, and other substances regulated under the Toxic Substances
Control Act, 15 U.S.C. §§ 2601 et seq.;
(6) any radioactive material including, without limitation, any "source material",
"special nuclear material", "by-product material", "low-level wastes", "high-level radioactive
waste", "spent nuclear fuel" or "transuranic waste", and any other radioactive materials or
radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. §§
2011 et pig. or the Nuclear Waste Policy Act, 42 U.S.C. §§ 10101 et sq.;
(7) industrial process and pollution control wastes, whether or not"hazardous"within
the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et
(8) regulated under the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq.;
and/or
(9) regulated under the Clean Air Act,42 U.S.C. §§ 7401 et g.
All other laws, ordinances, codes, statutes, regulations, administrative rules, policies and
orders, promulgated pursuant to said foregoing statutes and regulations or any amendments or
replacement thereof, provided such amendments or replacements shall in no way limit the
original scope and/or definition of Hazardous Material defined herein.
•
\\SB-DE\DATA\DEPT\Legal\AgreementAldaho Creek Construction and Indemnity).doc
oa col nt91
(soy/o Bond No. 26 68 23
lOlacr f Premium: $3,503.00
O
DEVELOPMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that we
KB HOME Colorado Inc. , as Principal, hereinafter referred to as the
"Developer" and American Home Assurance Company a corporation organized
under the laws of the State of New York , as Surety, hereinafter referred to as "Surety",
are held and firmly bound unto the COUNTY OF WELD, a municipal corporation, hereinafter referred
to at the "County" in the sum of Two Million One Thousand Nine Hundred Sixty Seven and no/000 Dollars
($9,nni ,467 nn ), to be paid to the County for which payment will and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, firmly by these presents.
WHEREAS, the Developer has submitted to the County for its approval of the following
development project: Idaho Creek Phase 1 On-Site & Off-Site Improvements
WHEREAS, the County has approved said development project and the Developer and the
County have executed an Improvements Agreement according to policy on collateral dated
10/22/01 pertaining to the development project (the "Improvements Agreement") a copy of
which is by reference made a part hereof; and
r
WHEREAS, the County Code requires that the Developer post a bond equal to the total cost to
construct the Developer's portion of the public infrastructure (which, upon completion and acceptance
by the County shall become the property of the County). Which for the above described development
project shall be Two Million One Thousand Nine Hundred Sixty Seven and no/000
Dollars ($2,001,967.00 ), with such Surety to be upon condition that the bond remain in full
force and effect until such time as the County releases such bond, which release shall occur upon (1)
Issuance to the Developer of a notice of final acceptance stating that all of the public infrastructure
improvements have been completed in accordance with the approved plans for said development project
and the specifications and standard of the County; and (2) delivery to the County by the Developer of a
bond, cash or other securing deposit in a form acceptable to the County to guarantee that the Developer
shall maintain and repair all of said public infrastructure improvements in accordance with the County
Code.
NOW, THEREFORE, the condition of this obligation is such that if the Developer shall truly and
faithfully perform to the satisfaction of the County its obligations in constructing, maintaining and
repairing the public infrastructure constructed in connection with the aforesaid development project in
accordance with the County Code (including the Zoning and PUD Regulations, as applicable), and the
Development Agreement, then this obligation shall be void; otherwise to remain in full force and effect.
r
Dated this 24th day of October , 2001
DEVELOPER: KB HOME Colorado Inc.
in e ame Le,
Title: f-4"JSC Cc�
SURETY: American Home Assurance Company
Printed Name
Attorney-in-Fact (attach Power of Attorney) Maria Pena
p
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On October 24, 2001 before me, Joyce M. Herrin, 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.
• . JOYCE M. HERRIN tA
=
N ,., - COMM.#1323695 Joafrce M. Herrin
cE - NOTARY PUBLIC-CALIFORNIA N
= i ✓ L LOS ANGELES COUNTY
•, My Comm.Expires Oct.4,2005 R
American Home Assurance Company POWER OF ATTORNEY
-National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office: 70 Pine Street,New York,N.Y. 10270 No.05-B-01233
KNOW ALL MEN BY THESE PRESENTS:
it American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a
Pennsylvania corporation,does each hereby appoint
---Tracy Aston,Peter Arkley,C. K.Nakamura,E.S.Albrecht,Jr.,Lisa L.Thornton,
William A. Sadler, Dennis T.Menard III,Maria Pena,Betty Walker,Tom Branigan,
Marina Tapia,Clarke Lee: of Los Angeles,California---
its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds,undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF,American Home Assurance Company and National ` `'s Union Fire Insurance Company of Pittsburgh, Pa. have each
executed these presents
°" this 17th day of Se tember,2001.
\
3 £ /
''1•u.°t22: Michael C. Fay, Vic President
STATE OF NEW YORK P
COUNTY OF NEW YORK }ss. 4.11147
On this 17th day of Se tember, 2001 before me came theabove named officer of American Home Assurance Company and
National Union Fire Insurance Company of Pittsburgh, Pa., to me
,ersonally known to be the individual and officer described herein, DOROTHY L.PARKER
acknowledged that he executed the foregoing instrument and Notary Public.State of New York
No.01PA6060631
officed the seals of said corporations thereto by authority of his Co0Chalkdn in RichiresJune205,Courtly
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of
Pittsburgh,Pa.on May 18, 1976:
"RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and
act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature
thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business;
"RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the
nature thereof;
"RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
I, Elizabeth M.Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify
that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are
true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation
this 7Lt-h day of October ,7nn1
e
,,A°"'MC IM.f`p )kgQferMarfila
�
(scot
d m Elizabeth M.Tuck,Secretary
•
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