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Home My WebLink About20051506.tiff 19 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL, AND ACCEPT REPLACEMENT COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, S #554, IDAHO CREEK, PHASE 2 - 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,a public hearing was held on the 7th day of March,2001,at 10:00 a.m.for the purpose of hearing the application of Kent Carlson, P.O. Box 247, Eastlake, Colorado 80614, requesting a Site Specific Development Plan and Planned Unit Development Final Plan,S#554,for 351 Residential lots in the Mixed Use Development area, and WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with 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 Colorado, Inc.,with terms and conditions being as stated in said agreement, for Idaho Creek, Phase 2, a parcel of land located on the following described real estate, to wit: Part of the N W 1/4 NE 1/4/4 of Section 10, Township 2 North, Range 68 West of 6th P.M., Weld County, Colorado,as shown as on the final plat as Phase 2 of Planned Unit Development Final Plan,S#554, Idaho Creek, and WHEREAS, the Board has been presented with Development Bond #3S12723400 from Lumbermens Mutual Casualty Company, a corporation organized under the laws of the State of Illinois, as Surety, in the amount of$1,026,209.00, and WHEREAS,staff from the Weld County Department of Public Works has conducted a visual inspection and recommends partial release of said collateral,in the amount of$1,007,979,leaving a balance of$18,230 for non-transportation replacement, and WHEREAS, the Board has been presented with Irrevocable Standby Letter of Credit #3075014, drawn on the Bank of America, in the amount of$18,230.00, and WHEREAS,the Board has been presented with company check#03573555 from KB Home Colorado, Inc.,5975 South Quebec Street,Suite 300,Centennial,Colorado 80111, in the amount of$4,220.00, in lieu of the conduit installation for future signalization of the pedestrian crosswalk, which will be installed by the Department of Public Works when appropriate, and WHEREAS, after review, the Board deems it advisable to approve said partial release of collateral,and accept said Letter of Credit as stated above,a copy of which is attached hereto and incorporated herein by reference. 111111111111111111111111111111111111111 III MI IIII III 3291139 06/02/2005 11:34A Weld County, CO 2005-1506 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder PL1321 ((' FL, E Ccr* DO—()9-65" IMPROVEMENTS AGREEMENT - KB HOME COLORADO, INC. (S #554) PAGE 2 NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Development Bond #3S12723400 from Lumbermens Mutual Casualty Company, as Surety, in the amount of$1,026,209.00, be, and hereby is, cancelled and released. BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit#3075014, drawn on the Bank of America,in the amount of$18,230.00,be,and hereby is,accepted as replacement collateral. 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 16th day of May, A.D., 2005. �/ BOARD OF COUNTY COMMISSIONERS �/ WELD COUNTY, COLORADO �� /�'(/�G:�� ( 41-7 \�„ �� William H. Jer , Chair 1861 s•1� 3.�e.0 t Clerk to the Board WM. eile, ro- �� f1� ,' _L' �. - i.. �� - - �w�puty Clerk to the Board Dad+ E. Long APP E AST . � Robe D. Masde my Attorn y Glenn Vaad Date of signature: s '' OS 111111111111111111111111111111111111111 III 1111111111111 3291139 06/02/2005 11:34A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-1506 PL1321 - ° MEMORANDUM TO: Board of County Commissioners I DATE: April 22, 2005 CFROM: Monica Mika, Direct SUBJECT: S-554, Idaho Creek Rele se of Collateral Improvements • COLORADO Agreement for Partial of Second Filing A letter of credit was accepted on March 12, 2003, in the amount of $ 1,0152,209 (one million sixty two thousand two hundred and nine dollars). The applicant is requesting a release of collateral for Second Filing. The Department of Planning Services is recommending acceptance of the release with a 15% retention of$ 18,230 (eighteen thousand two hundred thirty dollars) for one year to ensure placement of non-transportation related items. The Department of Public Works is also recommending acceptance of the release. Original Bond (March 2003) $ 1,026,209 Planning Portion 121,534 Ground Coverage $ 9,274 Native Seeding 12,071 Top Soil 10,083 Sod, Top Soil, Trees & Shrubs 30,774 Irrigation 23,708 Split Rail Fencing 9,024 6' Privacy Fence 26,600 $121,534 Uncompleted Items: Replacement Nontransportation 15% $ 18,230 Based on the above, the Department of Planning Services and Public Works request that $ 1,007,979 (one million seven thousand nine hundred seventy nine dollars) be released. Staffs recommendation to release the collateral in the form of a Letter of Credit. This release is conditioned on posting of new form of collateral by the applicant as approved by Weld County Attorney's Office. Cc: Rick Holpp, KB Home Forward Planning Project Manager Weld County Planning Department GREELEY OFFICE APR 2 0 2005 (ffl '\ MEMORANDUM RECEIVED Wlip TO: Monica Mika DATE: April 19, 2005 Director of Planning Services Co COLORADO FROM: Donald Carroll, Engineering Administrator t;, SUBJECT: S-554, Idaho Creek, 2nd Filing Release of Collateral KB Home Colorado Inc. has completed striping, signing, and has provided the Weld County Public Works Department with a check for the installation of the conduit crossing of Idaho Creek Parkway/WCR7.5. This completes the remaining transportation item identified as the pedestrian crossing identified in the Phase II portion of the Exhibit A Collateral section in the amount of $20,000. All transportation items have been completed within the Phase II portion of the Idaho Creek Subdivision. The Weld County Public Works Department recommends release of the $20,000 being held in escrow for this item. pc: Carol Harding, CTB Keith Meyer, Engineering Division Manager S-554 M:\PLANNING-DEVELOPMENT REVIEW\1-Sketch Plan(S, PK, MK)\S-554-A.DOC ° MEMORANDUM TO: File IlDFROM:DATE: Monica Mika O SUBJECT: Idaho Creek Subdivision Field Check COLORADO On May 4, 2005, I met with Adams Coats, Representative from KB Homes, for a field check in Idaho Creek Subdivision. Mr. Coats and I walked the entire Idaho Creek Subdivision. Open Space - the first pour of the trail is located throughout the majority of the open space area. The signage for the outdoor classrooms has been located and is consistent with the plat. Mr. Coats and I discussed the need for additional signage in relationship to trespassing and safety issues. And both agreed that additional documentation could be submitted and included with the signs for the original plat. For example, Mr. Coats would like to have no trespassing, area of limitation and no swimming signs. We identified an abundance of wildlife including blue herons, muskrats, prairie dogs and several avian species. We did identify a few areas that need further attention, particularly in relationship to trash management and miscellaneous street debris. One area located across from a crosswalk on CR 7.5 needs to be filled in. The slope of the area appears to be a nuisance. Mr. Coats was agreeable to fix this area. First and Second Filings - landscaping has been placed in the appropriate areas. There is some need for landscaping replacement in some of the right of way areas. Mr. Coats explained a difficultly in acquiring appropriate water usage has resulted in some dead areas. Playground area —we both agreed that there needs to be a reduction in the amount of fiber material located in the playground area. Third Filing - Mr. Coats indicated that the roads would be poured within the next week. Sidewalks are in and utilities are available to the lot. Mr. Coats suggested installing additional fencing material in the northeast corner of the side to screen the subdivision from adjoining uses. BankofAmerica PAGE: 1 DATE: MAY 9, 2005 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3075014 BENEFICIARY APPLICANT WELD COUNTY DEPARTMENT OF PLANNING KB HOME COLORADO INC. 915 10TH STREET 5975 SOUTH QUEBEC STREET GREELEY, CO 80631 SUITE 300 CENTENNIAL, CO 80111 AMOUNT NOT EXCEEDING USD 18, 230 . 00 NOT EXCEEDING EIGHTEEN THOUSAND TWO HUNDRED THIRTY AND 00/100 'S US DOLLARS EXPIRATION MAY 10, 2006 AT YOUR COUNTERS WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 3075014 IN FAVOR OF THE WELD COUNTY DEPARTMENT OF PLANNING ( "BENEFICIARY") AT THE REQUEST AND FOR THE ACCOUNT OF KB HOME COLORADO INC. , FOR THE AMOUNT OF US$18, 230 . 00 . THIS LETTER OF CREDIT IS AVAILABLE BY YOUR DRAFT DRAWN AT SIGHT ON BANK OF AMERICA, N.A. , ACCOMPANIED BY THE FOLLOWING DOCUMENTS : 1 . THE ORIGINAL OF THIS LETTER OF CREDIT AND ANY SUBSEQUENT AMENDMENTS . 2 . A WRITTEN STATEMENT SIGNED BY AN AUTHORIZED OFFICER OF THE BENEFICIARY INDICATING THE FULL NAME AND TITLE OF THE PERSON SIGNING AND STATING THE FOLLOWING: "WE HEREBY CERTIFY THAT A DEFAULT BY KB HOME COLORADO INC. HAS OCCURRED UNDER THE IMPROVEMENT AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS CONTRACT AND WE HAVE NOTIFIED KB HOME COLORADO INC. BY CERTIFIED MAIL OR OVERNIGHT DELIVERY SERVICE OF SUCH DEFAULT. " 3 . COPY OF THE LETTER OF SUCH DEFAULT ADDRESSED TO KB HOME COLORADO INC. DATED AT LEAST THIRTY (30) DAYS PRIOR TO THIS DRAWING ACCOMPANIED BY A COPY OF CERTIFIED MAIL OR DELIVERY RECEIPT FROM COURIER SERVICE. PARTIAL DRAWINGS ARE NOT ALLOWED. THE AMOUNT OF THIS LETTER OF CREDIT MAY BE REDUCED WITHOUT AN AMENDMENT FROM TIME TO TIME, BUT ONLY UPON BANK OF AMERICA, N.A. 'S ORIGINAL Bank of America,N.A. Trade Operations Mail Code:CA9-703-19-09 333 S.Bcaodry Avenue.19th Floor,Los Angeles,CA 90017 00 35 9-1999_CA9 19 Bank of America �y PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3075014 RECEIPT OF A WRITTEN REQUEST FOR SUCH A REDUCTION FROM AN AUTHORIZED OFFICER OF THE BENEFICIARY. THE UNDERSIGNED SHALL HAVE NO OBLIGATION OR DUTY TO INVESTIGATE WHETHER OR NOT A DEFAULT HAS OCCURRED AND SHALL HAVE NO LIABILITY TO KB HOME COLORADO INC. IN SUCH REGARD. DRAFT UNDER THIS LETTER OF CREDIT SHALL BE MARKED "DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. 3075014 DATED MAY 9, 2005 ISSUED BY BANK OF AMERICA, N.A. LOS ANGELES, AMOUNT OF DRAW: US$18, 230 . 00" . THIS LETTER OF CREDIT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL PERIODS OF ONE YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE HEREOF UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH DATE WE SHALL NOTIFY THE BENEFICIARY IN WRITING BY OVERNIGHT COURIER SERVICE AT THE ABOVE ADDRESS THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT EXTENDED FOR ANY SUCH ADDITIONAL PERIOD. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING TO THE BENEFICIARY. SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT OR INSTRUMENT REFERRED OR RELATED TO HEREIN AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY SUCH DOCUMENT OR INSTRUMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) , INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 AND TO THE PROVISIONS OF COLORADO LAW. IF A CONFLICT BETWEEN THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS AND COLORADO LAW SHOULD ARISE, COLORADO LAW SHALL PREVAIL. WE HEREBY ENGAGE WITH YOU THAT DRAFT DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED IF PRESENTED AT OUR COUNTERS AT 333 SOUTH BEAUDRY AVENUE, 19TH FLOOR, MAIL CODE: CA9-703-19-23 , LOS ANGELES, CA 90017-1466 ON OR BEFORE THE EXPIRATION DATE ESTABLISHED HEREIN OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 213-345-0132 . AUTHORIZED SIGNATURE THIS DOCUMENT CONSISTS OF 2 PAGE (S) . HERMANN SCHUTTERLE ORIGINAL Bank ode'C,ea.N.A. Trade Operations Mail Coda A9-703-I9-09 333 S.Beaudry Avenue,19th Flour.Los Angeles,CA 90017 110-35-0201NSB 9-I999_CA919 i R. K:-HOLD AT ANGLE TO VIEW hf y -,. 70 2322/71 HOME Coi do Inc n eat NA NO. 03573555 s Quebe treeti suite 3OO k e enr t I,t.6.4-80.;11,� 09 66525 F VENDOR. DATE AMOUNT 1134609 04/06/05 $*****4,220 .00 ".- aY FOURTHO SA[ bTWOHUNDRED V NTYAND(JQ/IIIR�***t*****a**$ *++x*« r*sserx •**s**rr r t VOID IF NOT CASHED IN CD DAYS .' y k - Ta Weld County Building ORDER { i AUTH RRED T ES il'O3573555uu ,• Q7L9232261: O9 66525u' ABSENCE OF PINK U.S.PATEN!NUMBERS UNDER SIGNATURE INDICATES CHECK IS FRAUDULENT.PATENT NUMBERS ARE PRINTED WITH HEAT SENSITIVE INK&WILL DISAPPEAR WHEN BLOWING OR RUBBING ea CLERK TO THE BOARD PHONE (970)336-7215, Ext. 4225 lie FAX: (970)352-0242 W I P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO May 27, 2005 KB Home of Colorado, Inc. 5975 South Quebec Street, Ste 300 Centennial, Colorado 80111 RE: Cancellation and release of Collateral - Idaho Creek, Phases 1 & 2 To Whom It May Concern: Attached hereto please find copies of the Board of County Commissioner's Resolutions approving the cancellation and release of collateral,as referenced above.The original Development Bonds are enclosed. If you have questions or need additional information,please do not hesitate to contact me at(970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY By: 7(6 //a- 4l---7 Carol A. Harding, Deputy Clerk to the Boar )Oc /5o& AIU Insurance Company Worldwide American Home Assurance Company Bonding Granite State Insurance Company American International Companies The Insurance Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh. Pa. Principal Bond Office New Hampshire Insurance Company 70 Pine Street, New York;N.Y. 10270 / / / SURETY RIDER / To be attached to and form a part of Bond No. 26 68 23 dated October 24/, �1001 executed by KB HOME Colorado Inc. f as Principal,and American Home Assurance Company / as Surety,in favor of County of Weld as Obligee. March 10, 2003 In consideration of the premium charged,it is understood and a ee that, Helve on The Bond Amount be reduced FROM: Five Hundred Thirty Three ho and Four Hundred Fifty Four and NO/000 ($533,454.00) f l� TO: Eighty Seven Thous hi y and NO/000 ($87,300.00) J cji /J./ rif",>)//?)}1( 5(4) / Provided, however, that th ability of the Surety under the attached bond and under the attached bond as changed by this rider shall not be cumulative. Nothing her n conta ed shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the above- mentioned oth than as stated above. (Sirasealed at/dated March 26. 2003 /' KB HOME Colorado Inc. (Principal) (Seal) /Amsted: f{y� i�t/J -� Oer.ni-s Uie\Sch, e�,Clent (Tale)/ County of Weld American Home Assurance Company (Obligee) urely) b_oj By 1 . CC^ By 330 2(3841 (Title) Tracy ton Attorney-in-Fact r; Bond No. 26 6 '23 Premium: $3,57'3.00 DEVELOPMENT BOND KNOW ALL MEN BY THESE PRESENTS: that w KB HOME Colorado Inc. , as Princip , 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, ereinafter referred to as "Surety", are held and firmly bound unto the COUNTY OF WELD, a muni pal corporation, hereinafter referred to at the "County" in the sum of Two Million One Thousand Nine H ed Sixty Seven and no/000 (S2,on] 967 n0 ), to be paid to the County for which pay ent will and truly to be made, `Doi harse d ourselves, our heirs, executors and administrators, successors d assigns, firmly by these presents. WHEREAS, the Developer has submitted to t County for its approval of the following development project: ee Phase 1 On-Sit & Off-Site Improvements WHEREAS, the County has approved sai development project and the Developer and the County have executed an Improvements Ag ement according to policy on collateral dated 10/22/01 pertaining to the develop nt project (the "Improvements Agreement") a copy of which is by reference made a part hereof; and WHEREAS, the County Code requ' es that the Developer post a bond equal to the total cost to construct the Developer's portion of the ublic infrastructure (which, upon completion and acceptance by the County shall become the prope of the County). Which for the above described development project shall be T Mi ' Nine Hundred Sin Seven and no 000 Dollars ($2,001,967,00 ), w' such Surety to be upon condition that the bond remain in full force and effect until such time the County releases such bond, which release shall occur upon (I) Issuance to the Developer of a otice of final acceptance stating that all of the public infrastructure improvements have been corn eted in accordance with the approved plans for said development project and the specifications and s ndard of the County; and (2) delivery to the County by the Developer of a bond, cash or other securi deposit in a form acceptable to the County to guarantee that the Developer shall maintain and repai all of said public infrastructure improvements in accordance with the County Code. NOW, FORE, the condition of this obligation is such that if the Developer shall truly and faithfully perfo to the satisfaction of the County its obligations in constructing, maintaining and repairing the p lic infrastructure constructed in connection with the aforesaid development project in accordance w' h the County Code (including the Zoning and PUD Regulations, as applicable), and the Developme Agreement, then this obligation shall be void; otherwise to remain in full force and effect. Page 1 of 1 Carol Harding From: Keith Meyer Sent: Tuesday, April 19, 2005 4:53 PM To: Carol Harding Cc: Monica Mika; Frank Hempen; Donald Carroll; Don Warden Subject: Idaho Creek Phase II Collateral Carol - Per our discussion today, it sounded like you are agreeable to the acceptance of cash in-lieu of improvements against collateral for the conduit installation for Idaho Creek Phase II. To clear up any further confusion I offer the following. The $20,000 collateral posted by KB Homes was for pedestrian crosswalks, signing and conduit installation. The signing and crosswalk striping was completed the last two weeks of February. On February 23rd we had a work session with the BOCC regarding acceptance of collateral for Phase III. At this meeting, the BOCC inquired about the remaining items for Phase I and II. Public Works communicated that the only remaining item for KB Homes to complete was verification that conduit for a future signalized pedestrian crosswalk was installed at Idaho Creek Parkway and WCR 7.5 (condition N, paragraph 9 of the resolution for PUD approval). KB Homes could not verify that the conduit installation was complete. Therefore, they supplied a bid from Hall Irwin to install the conduit and subsequently provided Public Works with a check for this amount ($4,220). This option of accepting cash in-lieu was discussed with the BOCC and they were agreeable with this approach. We received this check last week. As such, it will be our responsibility to install a signalized crosswalk (and the conduit) at WCR 7.5/Idaho Creek Pkwy when it is warranted. Today,April 19th,we sent Monica Mika a memo outlining the fact that the$20,000 collateral items have been satisfied and Public Works would recommend collateral release when the appropriate time arrives. I have sent to you, via interoffice mail, the$4,220 check for processing into Public Works revenue and a 2nd copy of our memo to Monica. Hopefully this helps understand the situation. We hope this issue is now closed. Please let me know if you have any further questions. Thanks. Keith Meyer, P.E. Engineering Manager Weld County Public Works 970.356.4000 ext. 3758 970.304.6497 fax kmeyer@co.weld.co.us 4/19/2005 t CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 I P. O. BOX 758 GREELEY, COLORADO 80632 C. COLORADO June 18, 2009 BANK OF AMERICA N.A. TRADE OPERATIONS MAIL CODE CA9-703-19-09 333 S BEAUDRY AVE 19TH FLOOR LOS ANGELES, CALIFORNIA 90017 RE: Letter of Credit#3075014 for KB Home of Colorado, Inc. Ladies and Gentlemen: This letter shall act as a reminder of your obligations to the Board of County Commissioners of Weld County under the above-referenced Letter of Credit. As you are aware, on the 9th day of May, 2005, Bank of America issued a Letter of Credit on behalf of KB Home of Colorado, Inc., naming the Board of County Commissioners of Weld County, Colorado as beneficiary. The dollar amount of the Letter of Credit was established at Eighteen Thousand Two Hundred Thirty and no/100 ($18,230.00). The terms of the Letter of Credit require that it be maintained by your institution until the 10th day of May, 2006, with auto renewal unless 60 days notice is provided. If you believe that the Letter of Credit expired prior to that date, please contact me immediately, as you are required under the terms of the Letter of Credit to replace it. If you have any questions regarding this letter or your obligations under the Letter of Credit, or if you disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000, ext. 4227, or e-mail me at dbechler@co.weld.co.us. Very tru ours r 4 Donald D. Warden Clerk to the Board By. Deputy Clerk o the Board pc KB Home of Colorado, Inc. U.S. Postal ServiceTM CERTIFIED MAIL, RECEIPT rD'l (Domestic Mail Only;No Insurance Coverage Provided) F•r.elivery inf•rmati•n visit ur •we•site rd www,us•s.c•rn® ru ru trl Postage $ m -rO Certified Fee O o Return Receipt Fee Postmark (Endorsement Required) J y re,C 'to (Endorsement Restricted Delivery Required) Fee er D livery e e ola Total Postage&Fees $ u'I 0 Se To �9 /11(t;/ 4DO' . e_dake.{Y�11ithe'4 AL/S/ MY-743 -8-69 Apt.No.: ,/o or PO Box Noes 67eath..I� /9_4(F/orCity,St ZIP+4 „death., e / Ape 9?n./� SENSE': C•M'LETETHISSECTI•N C•M•LETETHISSECTI•N •N •ELIVF V • Complete items 1,2,and 3.Also complete A. Signature I7 Agent item 4 if Restricted Delivery is desired. X • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No & )e?/ 74merlea 444 . et,de (Si 70.3- /9-0r 352S. cenau/r date /9dgiar 3. Service Type ///9e/652 /I '9e2/7 ertsteredfied ❑ExpresRmum ReMail L /� 0 Registered II"RefUrn Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7005 1820 0003 5225 1942 (monster from service label) -_- __._ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 CERTIFIED MAIL,. Wet; 51P�P�'N` CLERK TO THE BOARD III ...• . ' b((i� - P.O. Box 758 `tiv ATME. Wi��pC Greeley, CO 80632 �' .:..i oz $ 05.54° O t•t 0004286770 JUN 19 2009 COLORADO 7005 1820 0003 5225 1"'.<+' } MAILED FROM ZIP CODE 80631 BANK OF AM A N.A. MAIL COD A9-703-19-09 �• / / YUDRY AVE 'F9T" FLOOR -491 v 9 ES CA 90017 IE 900 SE 1 02 OS/24/09 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD DC: 006220750SO *0220-04057-19-41 ,' "J9°°i7ggIllailPS4ii5 11„1,11,,,,11, „IL„L116 ,L ,61 LL,I, LL1„I, . LI 1 Page l of 1 Donna Bechler From: Donna Bechler Sent: Tuesday, July 07, 2009 4:06 PM To: 'katiec@vicinc.com' Subject: Letter of Credit for KB Home of Colorado, Inc Attachments: Lof Credit.tif Katie, As you know, we have been contacting all the Banks and Insurance Companies that we have collateral with to make sure they're still in business, and that the bonds and Letters of Credit are current. I have sent a letter to Bank of America, requesting this information, but their letter was returned to us. This is regarding the Phase Two Improvements Agreement with Idaho Creek. In 2005, we replaced the Bond with a Letter of Credit for$18,230.00. The address listed on the bottom of the Letter of Credit is Los Angeles, CA. Do you have any updated information on the address for your Letter of Credit with Bank of America? We will also need this information when the improvements have been completed and we release the collateral. Your help is greatly appreciated. I will attach a copy of the Letter of Credit. Sincerely, Donna Bechler Deputy Clerk to the Board Weld County Government 7/7/2009 Page 1 of 2 Donna Bechler From: Donna Bechler Sent: Monday, July 13, 2009 2:43 PM To: 'Katie Cooley' Subject: RE: KB Home Colorado - Idaho Creek Letter of Credit Katie, I sent a letter to Bank of America asking them to review the Letter of Credit they have with KB Home of Colorado, Inc., and the address we have on hand must not be current because we received the unopened letter back from them. Do you have the current address for Bank of America? We will also need their current address to return the Letter of Credit to them at the time the collateral is released, so if you could provide that address, I would really appreciate it. The address we have on file is 333 S. Beaudry Ave in Los Angeles, CA, and that is not correct. Thank you for your help. 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 7/13/2009 Page 2 of 2 (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 ® 7/13/2009 Hello