The URL can be used to link to this page

Browse Search

Home My WebLink About20050662.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN,S#554, IDAHO CREEK, PHASE 3 AND AUTHORIZE CHAIR TO SIGN - 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 of Colorado, Inc.,with terms and conditions being as stated in said agreement, for Idaho Creek, Phase 3, on a parcel of land located on the following described real estate, to wit: A part of 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,the Board has been presented with Subdivision Bond Number SU501-1134, 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,a hearing before the Board was held on the 31st day of January,2005,at which time the Board deemed it advisable to continue said matter to April 4,2005,at 9:00 a.m.; however, prior to that date, the applicant and staff from the Department of Planning Services have resolved all the outstanding issues, therefore, this matter was rescheduled for February 28, 2005, and WHEREAS, at said hearing on the 28th day of February, 2005, the Board deemed it advisable to approve said agreement and accept said collateral as stated above, copies of which are attached hereto and incorporated herein by reference NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Improvements AgreementAccording to Policy Regarding Collateral for Improvements (Public Road Maintenance) Idaho Creek, Phase 3, 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., be, and hereby is, approved. 2005-0662 p PL1321 �(� : PLC 7 tc, i113°& � iFz(ci,a 03-‘,23-OS IMPROVEMENTS AGREEMENT - KB HOME OF COLORADO INC, C/O MARK KINSLEY, PAGE 2 BE IT FURTHER RESOLVED that Subdivision Bond NumberSU501-1134,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, be, and hereby is, accepted. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 28th day of February, A.D., 2005. Ise` , s,„ I / • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO re - �� , `� ,�,, � William H. Je e, Chair 1441/4 ,� lerk to the Board /�� / . J. ile, Pro- m BY: iss t Deputy Cler o t oard Da ' E. Long APPROVED AS TO FORM: RoliMas� County ttorney Glenn Vaad Date of signature: /i/6S 2005-0662 PL1321 152 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this 2 8 day of Ec4,ra.afy , 20O-5-,-by and between the County of W eld,State of Colorado,acting throu gh its Board of County Commissioners,hereinafter called"County," and T{P. gore of Cot orido Tne„hereinafter called"Applicant." WITNESSETH: WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the County of Weld, Colorado: Block 1 , Lots 11-28 and 46-81; Block 7, Lots 9-16; Block 8, Lots 1-16; Block 9, Lots 1-16; Block 10, Lots 1-16 and Block 11, Lots 1-15 as shown in Phase 3 of the Plat Amendment, Case No. 2Ih1SF-554, Idaho Creek Subdivision, recorded at Reception No. 2975815 on August 7, 2002. WHEREA S, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as Idaho Creek has been submitted to the County for approval;and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Plan ned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improve ments Agreement guaranteeing the construction of the public improvements shown on plans,platsand supporting docum ents of the Subdivision Final P lat,Planned Unit Development Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits "A"and "B"of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the parties hereto promise, covenant and agree as follows: I.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A,"which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of,but not be limited to, surveys,designs,plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for ro ads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract Before acceptance of the roads within the Subdivision or Planned Un it Development by the County,Applicant shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to the County. 2.0 Rights-of-way and Ease ments: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire,at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit 1111111 11111 11111 IIIIIII IIII IIII IIIIIII III VIII IIII IIII 3270152 03/21/2005 02:07P Weld County, CO 1 of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference,according to the construction schedule set out in Exhibit"B"also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction,the County shall have the right to test and inspect,or to require testing and inspection of material and work, at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may gmnt an extension of the time of completion shown on Exhibit"B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits,actions or claims of every nature and description caused by,arising from,or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit,action or claim,tog ether with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by,or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner maybe reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are not adequate in structural capacity,width,or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider,applicant,or owner expects to receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: HUM 1111111111MIEN 1011111111111 11111 3270152 03/21/2005 02:07P Weld County, CO 2 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - The legal description of the property to be served. The name of the owner(s)of the property to be served. A description of the off-site improvements to be completed by the subdivider,applicant,or owner. The total cost of the off-site improvements. The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision,or Planned Unit Development,as specified by the ITE Trip Generation Manual,or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms of reimbursement. - The current address of the person to be reimbursed during the term of the agreement. - Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision,Resubdivision,or Planned Unit Development will use a road improvement constmcted under an improvem ents agreement,the subsequent subdivider,applic ant,or owner shall reimburse the original subdivider,applicant,or owner,for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total cost of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider,applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning S ervices prior to recording the Subdivision,Resub division,or P tanned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider,applicant,or owner of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pm rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement costs shall also consider inflation as measured by the changes in the ColoradoConstruction CostIndex used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner,or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition, 1982)of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all Subdivisions,Resubdivisions, or Planned Unit Developments. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision,Resubdivision,or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement under the off-site improvements agreement, entered into between the subdivider and the County, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider,applicant,or owner for reimbursement,and in no way is Weld County to be considered a guarantor of the moniesto be reimbursed by the subsequent subdividers,applicants, or owners. 111111111111 VIII 1111111 1111 IIII 1111111 III 11111 IIII IIII 3270152 03/21/2005 02:07P Weld County, CO 3 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County,portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B,"but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improve ments detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County;and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance,the applicant(s)may request in writing that the County Engineer inspect the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets,curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall,upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer sh all reinspect the streets after notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of the streets for full maintena nce. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent (100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreeme nt. Acceptable collateral shall be submitted and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completedwithin one(I)yearafter the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One-Hundred percent(100%)of the value of the improvementsremaining to be completed If improvements are not completed and the agreement not renewed within these time frames,the County,at its discretion,may make demand on allor a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvem ents in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The costs of the improve ments described in Exhibit"A"will be adjusted higher or lower for the year and quarter in HUM 11111111111111111111111111111111III 11111 IIII IIII 3270152 03/21/2005 02:07P Weld County, CO 4 of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder which the contemplated work is being performed based on "The State Highway Bid Price Index" contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The McGraw-Hill Companies. The applicant has provided costesti mats forall phases of the development which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting of collateral for each phase. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld C ounty. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits"A"and "B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times,the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers,water mains and landscaping,etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent(15%),or one year from the date of Final Plat approval,whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty(60)days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event prop erty within the proposed development is used as collateral,an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in itscurrent degree of development is sufficient to cover One-Hundred percent(100%)o f the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers(M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%)of the 111111 11111 11111 1111111 111 11111111111 III11111 EMI 3270152 03/21/2005 02:07P Weld County, CO 5 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation(CDOT)Schedule for minimum materials sampling,testing and inspections found in CDOT Materials Manual. 9.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project"as-built"is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate ifthe fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans. 11111111111111111111111111111111111111III 11111 IIII IIII 3270152 03/21/2005 02:07P Weld County, CO 6 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County,the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity,special district or utility company. 9.9 The warranty collateral shall berele ased to the applicant up on final accep tance by the Board ofC ounty Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of CountyCommissioners,pursuant to a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements ofa character,extent and location suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development plan, if any: 10.1 The required acreage,as may be determined by relevant Sections of the Weld County Code,shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage,as determined by relevant Sections of the Weld County Code may be reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land, the C ounty may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined by relevant Sections of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives, successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. 1211 VIII VIII 11801IIII IIII IIIdli III VIII I'll llllr 3270152 03/2112005 7 of 12 R 0.00 D 0.00 Steve More Clerk 7 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: APPLICANT: //// TITLE /A, 1/10 `i—e j 1 Subscribed and sworn to before me this ,,ii.day of`,fri q J , 20(76'. P;I,�•IG ti .' ' / Q�•�CARY'•. My Commission expires: C`�I /��'l, (�L �,/� 1 11/L. ��;_ •3 / Notary Public . O " ' - ..; `�pU � o S l:**.rR ire OF 00�E La BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 11861 G( �//� -,� ` L lerk to the Board William H. Jerke ,Chair FEB 2 8 2005 BY: ' Deputy Cle to a Board tV APPROVED AS TO FORM: _ _ County Attorney 111111111111111111111111 I I I I II 1111111 1111111111111 3270152 03/21/2005 02:07P Weld County, CO 8 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 8 „l oOc--O66 EXHIBIT"A" IDAHO CREEK, PHASE 3 Name of Subdivision Idaho Creek, Phase 3 or Planned Unit Development Filing 1 Location Weld County Road 7 1/2 south of Highway 119 Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements.(Leave spaces blank where they do not apply.) Estimated Improvements Quantity Unit Unit Cost Construction Cost Surveying 1 Is $62,895.00 $ 62,895.00 Testing 1 Is $43,468.75 $ 43,468.75 Site Grading 1 Is $79,837.33 $ 79,837.33 Tracking Pad 1 Is $ 1,850.00 $ 1,850.00 Sanitary Sewer Main 2864 If $ 32.68 $ 93,602.40 Sanitary Sewer Services 125 ea $ 889.91 $ 111,238.75 Potable Watermain 3920 If $ 31.01 $ 121,540.55 Potable Water Services 125 ea $ 1,230.37 $ 153,796.25 Fire Hydrants 7 ea $ 2,948.24 $ 20,637.65 Street Grading 14910 sy $ 4.42 $ 65,850.86 Curb, Gutter&Sidewalk 5730 If $ 23.98 $ 137,391.68 Asphalt Paving 14910 sy $ 14.15 $ 210,936.51 Street Lighting ea Dry Utilities Is Signage&Striping 1 Is $ 5,082.12 $ 5,082.12 Dry Utility Sleeves&Coordination 1 Is $25,316.00 $ 25,316.00 Supervision&Incidentals 1 Is $21,838.00 $ 21,838.00 Nonpotable Irrigation System 1 Is $72,193.00 $ 72,193.00 Native Seed for Ponds 43,600 sf $ 0.08 $ 3,684.00 Short Grass Seed Mix 415,500 sf $ 0.01 $ 2,898.00 Prep Biosol/Humate 459,100 sf $ 0.02 $ 9,962.00 Gray Breeze Crusher Fine Trail 13,200 sf $ 1.25 $ 16,500.00 6' Privacy Fencing 510 If $ 23.00 $ 11,730.00 3 Rail Fencing 1,650 If $ 15.00 $ 24,750.00 (Testing, inspection,as-built plans and work in addition to preliminary and final plat; supervision of actual construction by Contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 1,296,998.85 1 111111 1111 11111 1111111/III /III 1111111 III 11111 /III/III 3270152 03/21/2005 02:07P Weld County, CO 9 0 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit"B." By: A..licant Applicant / l 5A � �i� Date:_* /( ,20 °C Title /t_4 (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 1 111111 11111 11111 1111111 IIII 1111 1111111 III 111111 III IIII 3270152 03/21/2005 02:07P Weld County, CO 10 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 10 Exhibit"B" Name of Subdivision or Planned Unit Development Idaho Creek Subdivision, Filing 1, Phase 3 Filing: One • Location: Weld County Road 7 1/2 South of Highway 119 All improvements shall be completed within 2 years from the date of approval of the final plat. Construction of the improvements listed in Exhibit"A"shall be completed as follows: (Leave spaces blank where they do not apply) Time for Completion Site Grading 3 weeks Street Grading 3 weeks Street Base 2 weeks Street Paving 1 weeks Curb Gutters and Culverts 2 weeks Sidewalk 2 weeks Storm Sewer Facilities Retention Ponds Ditch Improvements Subsurface Drainage Sanitary Sewers 30 days Trunk and Forced lines Mains 30 days Laterals (house connected) 30 days On-site sewage facilities On-site water supply and storage Water mains 30 days Fire hydrants 15 days Survey and street monuments and boxes 10 days Street lighting 30 days Street name signs 4 days Fencing requirements 20 days Landscaping 30 days Park Improvements Road Culvert Grass lined swale Telephone 30 days Gas 30 days Electric 30 days Water transfer Subtotal 117 days 1111 11I11 IIIII 1111111111 111111111111 111111 III III 3270152 03/21/2005 02:07P Weld County, CO 11 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 11 The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. By: A pl ant Applicant ------- // � St i' /" 4—e at 11 ,20 GJ. ^Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 111111111111111111111111111111111111111III111111 III 3270152 03/21/2005 02:07P Weld County, CO 12 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 12 itr SENT VIA FED EX • Maria Pena January 10, 2005 Commercial Surety Department (213)630-1342 (213)689-9731 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: 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, // ///aria Penia Maria Pena Team Leader Enclosure(s) Aon Risk Services,Inc. of Southern California Insurance Services 707 Wilshire Boulevard Suite 6000 •Los Angeles,California 90017•Mailing P.O. Box 54670 •Los Angeles,California 90054-0670 tel_213.630.3200•fax: 213.689.4450•License No. 0530733•www.aon.corn BOND NO.: SU5011134 PREMIUM: $10,376.00 FAITHFUL PERFORMANCE BOND SUBDIVISION 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. ciW By 5Akr Arch Insurance Company C 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 AST ON _ ,�jri,T Comawrarl141742b ca.. Notary Public•cawomia Tracy Aston cl,: ,% la Angela Couwy MyCamm.EnseMay l6,2007 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. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 29th day of December ,20 04 Arch Insurance Company Attested and Certified tooneeN 6 fl• 1�1l Ib{oud� �-ter" Aar /614G_ Joseph S. L I, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. B.Gl A AN,AL No /r7i� I`� IQ� MELISSA B.l,`N.LIGAW,Notary Public Stab ofCannedicut Melissa Gilligan, Notary Public My Cow Expires Riflery 28,2005• My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated December 29. 2004 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 Thomas P. Luckstone,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 10th day of January ,2005 . Joseph S ell, Corporate 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. MG kind Home Office: Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. *41' ' A rci.1 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 ternarism"are defined as events that cause more than $5 million in losses and: 1. Are violent or dartgerouS 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, acting 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 commertla! 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 insurer's 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 year's 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. BOND NO.: SU5011134 PREMIUM: $10,376.00 FAITHFUL PERFORMANCE BOND SUBDIVISION 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. By Arch Insurance Company By Maria Pena, Attorney-in-Fact MEMORANDUM iakt e. 41 ? TO: Board of County Commissioners I DATE: January 25, 2005 FROM: Monica Mika, Director SUBJECT: S-554, Idaho Creek Third Filing • COLORADO Acceptance of Collateral Improvements Agreement First Filing —The original bond of$2,001,967.00 (two million one thousand nine hundred sixty seven dollars) was accepted on October 22, 2001 . On September 23, 2002 the bond was reduced to $553,454.00 (five hundred fifty three thousand four hundred fifty-four dollars). On March 10, 2003 the bond was reduced to $87,030.00 (eighty seven thousand thirty dollars). Uncompleted improvements still exist. Second Filing — On March 12, 2003, the BOCC accepted collateral for this filing in the amount of $1,026,209.00 (one million twenty six thousand two hundred nine dollars). To date, the applicant has not asked for a release of collateral. In November of 2004, planning staff visited the site and determined uncompleted items still remain. I recently meet with Rick Holpp, representative for the applicant, and discussed staff concerns of uncompleted items. Mr. Holpp is currently working to resolve these issues. Open Space Filing — On November 10, 2004, Rick Holpp representative from KB Homes submitted collateral for the proposed Open Space Parks Collateral Agreement. A bond in the amount of$346,006.00 (three hundred forty six thousand six dollars) was submitted. On November 4, 2004, Don Caroll, Engineering Administrator, reviewed this proposal and recommended acceptance of the established construction costs and associated cost for constructing the open space parks area. Lee Morrison, Assistant County Attorney, reviewed the agreement and after further proof that ARCH Insurance is licensed in Colorado he is also recommending acceptance of the collateral agreement. After review, county staff is recommending acceptance of the agreement and collateral. Staff is working with the applicants to resolve all other outstanding issues. Third Filing — Presented today a collateral bond in the amount of $ 1,296,998.85 (one million two hundred ninety six thousand nine hundred ninety eight dollars and eighty-five cents) for the construction of improvement of third filing. ° MEMORANDUM fa TO: Board of County Commissioners DATE: January 25, 2005 FROM: Monica Mika, Director O SUBJECT: Idaho Creek Collateral Improvements COLORADO On January 18, 2004, site visit to review collateral improvements for all first three components of Idaho Creek. First Filing (Summary of items not completed) - a. Six foot privacy fence. b. Play structure with corresponding fiber system play service is not on the site. Staff did observe cedar chips and has told the applicant on more than one occasion that cedar chips cannot be substituted for the fiber system play service as identified on Exhibit A. c. While the ADA accessible restroom is located on the site, the Department of Planning Services has requested as schedule of use and has not received the documentation. As a side note there is not a handle to get into the facility without having a key. Second Filing — a. The pedestrian crossing is not evident. It is my understanding the Department of Public Works received line drawings for pedestrian crossing, but to date no evidence of the department has approved these crossings. Open Space — a. At this site investigation no visible construction has occurred in the open space classroom. The applicant on December 15, 2004 received a stop work order due to lack of appropriate permits for construction in the floodway. Third Filing — a. Construction has not began however there are several mounds of topsoil. It appears that more topsoil is being stored on third filing, as well as, a collection of miscellaneous building materials. ABA trailer has be situated in the right of way adjoining the third filing. Large sign located on a semi trailer is located in the corner of third filing. All of this material must be taken care of prior to further activities on the third filing. Department of Planning Services has received a development bond in the amount of $ 1,296,998.85 (one million two hundred ninety six thousand nine hundred ninety eight dollars and eighty-five cents) for the construction improvement of Third filing. The Weld County Departments of Public Works and Attorney's Office has reviewed Exhibit A for the proposed improvements and have signed off. The Department of Planning Services and Public Works have concerns of acceptance, releasing collateral and commencing development in Third filing of Idaho Creek due the number of substantial items not completed from First filing, Second filing and Open Space filing. ,�, N i$--2005 r s � r a, M p} Nil k1 , , �� oc. , N � : - �_ • • • • • N. it. — ` n Nit t" t ' • 1 a 'a . ,.mI—ft auW+KKw�tnMbes ,xr,. ep s` dirt `Lz;, ..a „t �A e $d 'rnIr m x 1 t '(� +ll g� , • "tin t S', 3 n, i t^' t '';',.c"1"?'-',1.,M Nye x7 i,y r°r. '' -' � +'xd se 4„, , t 7 Cm'a t ? w Wd.+t °''''''''''?'''''',.;-:1;{ tif' '.i4:.3:`,1'w:-� l$ xx , w frt fit/'- � _ t i hk � °� E Fs t r ttsA 'x£ � �.{, "�''.k » "' 5 ✓. � 'r'3 '&` ilk+. -�A yj> t ;.. N I ° ` `�4` �r is Mt F ,i tY e^. �w.rin:n,./ �4 e s. y tR s4 'r "" Yl1vi� ' 't ' t r,. & g . `'''',..;i71, 4 t ' a s ifir tt r "� rvr h.X'P a xx V. C . k�3x. a- _ 1 . 1 -Crampon* II S Aiti r� li� l'i 's tai � @t ' � yJ x' N ik4ILlik% 5 `' ----- _. p- r.Y. !FeN'� 1Ti42.q. � 141.61( • tan c+1u4 'tlFh yam .. . h t AMP,wn+P,k Y✓dyyh �'T t^ y { 'newt mktett .5shm.teMZ:1'.te.w AN 18 2005 \ . , / \ 1 i7 / { d4 \ } , aft greaTit 18 20 \ w° a --4 6 Ye 3�+ 1 r { _ • - ,,„ ill I ,i I Pl., t . i.. . Itiste ) Si ` i I MI a— • f IN ww Mme. Mi-..."' Inlalt , nt.1. f w • .. w . r ti a -p'Y• _ i it - S 1 ♦ P b r v31 Y 4 ..„A.. t o-E vnsxTt "! " tnot et- n 1i x f II A F.. . � ur ',,,TI IY �SXF "h <fl A fh; """R fi.�.m;t11=kC J `L- t Kg'ML� i YI Y ��4 Ra'e a d �r�+�`Rr W,�•�hY# � ,y;l � o p ell.a t ?+ " r i� 3 a YS,.' v n S � �� r ;.- . 3: dais ' 'a rte. } } ". k� i a L. anT` � a re r „, <`" � 4 ' 5 c 4 Y -4s.a Sw�sR w yex, "'2 W 4�,h,y ., s �! �t�� • „i . M-M nt �F�, e�#`" rK ( it , P�n ...w.w, rrrii nE}}'� Y 1 '$ �r.^' '� a.4' i +t�.44. °v i i " {yam "R 4" 4pvell.i ro owdp r;4 �.mnrx;vwae xv a r � a �� `z iAY�iiY 7f � �� y ynr 'F � i "4 W � ''a vr� {n S- �': . y,,- + f ",',r s f` �t y t 'cr ?' > ' t II + ' ra y, d o + i i . bx' 2 .4W' '.4,;,,, "{ a i.1rd �?k JG v. L� S" a: w� N kr +�a' - =K. s + .t : F . r� 'f').:`'''''',.*:.* rn a.�r� Y, �' � f i iLY, t,�3 4n x es� �,y 1 x 'f'f fh �a u� , -iF..w 'i iJ .-> ' Itv t L .t- `ry3 • aUt, FW: Idaho Creek Play Area Page I of 3 Monica Mika From: Holpp, Richard [RHolpp@kbhome.com] Sent: Tuesday, January 25,2005 2:55 PM To: Monica Mika Cc: Myers, Cynthia; Coates,Adam Subject: RE: Idaho Creek Play Area Monica, The following is and a summary of the discussion we had yesterday afternoon and a status report of the items you has sent regarding phases 1, 2& 3 (please see attached pictures for reference): PHASE 1 1. All identified fencing is complete as of 1/25/05 (see attached picture of finished fence). 2. KB will be providing the square footage and cost of the fibar currently installed to see if it matches the $10/sf 1845 s.f. requirement identified in the improvement agreement(see attached picture of existing fibar). It is hoped that the County will allow the fibar to remain as many recycled plastic/rubber alternatives tend to give off an odor when saturated. 3. The park restroom is open 24 hours a day from April 15th through November 15th. It is closed and winterized on November 15th when the use declines to decrease maintenance and keep plumbing from freezing. PHASE 2 We have provided Keith Meyers with photographs of the intended pedestrian signals and a stripping plan for the two proposed pedestrian crossings on 7 '/ mile road. KB is willing to install the crossings, but requests that we be allowed to give the County the money to install the crossings when needed or install one crossing at the Idaho Creek Parkway intersection and give the County the money to install the other when needed. Currently, 7 'A mile road ends just south of the subdivision and it is not known when the road would sustain enough traffic to justify the second pedestrian light. Open space KB is waiting from a letter from the Army Corp of Engineers,which would amend the existing 404 permit to include the trail. A Corp representative indicated that he would make the modification and forward a letter,which we have been waiting for. The letter is required by the County prior to issuance of building permit. Phase 3 1. There have been limited spoils from Phase 2 grading put on Phase 3. These spoils can be moved if need be. KB asks that this be allowed to remain due to the anticipation of starting Phase 3 as soon as possible. 2. The trailer put in the ROW is not owned by KB Home or any of its subcontractors. I have contacted the HOA Management Company and asked them to issue a letter asking that the trailer be removed. It is assumed that the trailer belongs to the adjacent homeowner. If not, efforts will be made to find the owner and request removal. The Sheriffs department will be contacted if these efforts don't work(see attached picture of what is believed to be the trailer in question). 3. The large KB Home trailer is scheduled to be moved on Friday, January 28th. 4. The concrete washout appears to be constructed per State guidelines and does not appear to be in violation (see attached picture). Please let us know if you see any violation. Copies of the State Permit will be faxed to you. In addition,we discussed that the installed shelter, used as a bus shelter, is the only shelter required to build. It is identified in the improvement agreement as a picnic shelter. I will anticipate being at the hearing on January 315t at 9:00 AM. Please let me know if this changes for any reason. Thanks for your help. 01/26/2005 FW: Idaho Creek Play Area Page 2 of 3 Rick Holpp KB Home Forward Planning Project Manager 5975 S. Quebec Street, Suite 300 Centennial, CO 80111 303-323-1156 office 303-961-7572 cell Original Message From: Monica Mika [mailto:mmika@co.weld.co.us] Sent: Friday, January 21, 2005 4:16 PM To: Holpp, Richard Subject: RE: Idaho Creek Play Area Lee sent his approval of the collateral, agreement, and exhibit to me today. Don Carroll has also approved the exhibit. I can set this case for the BOCC, but I have a question. I went to the site on the 19th and observed the following: Phase 1 Privacy fence is still not complete. Play structure with corresponding fiber not complete. ADA accessible restroom is locked, and there is no way to get into the facility without a key. I would like to see a use schedule ( previously asked for). Phase 2 Pedestrian cross (2 of these) are not in. I called Keith for update and have not heard from him yet. Open space STOP WORK STILL IN PLACE: Still waiting for information on confirmation that Section 10 permit issue has been resolved. Phase 3 Several mounds of top soil were located on the phase.. ABS trailer is in the ROW. needs to be removed Large semi trailer with advertising sign. needs to be removed Looks like truck wash out happening on the site. Do you want to address these issues or go to the board for a hearing next Monday? Just let me know, and I will confirm the hearing date. I would like you to attend the hearing, if possible. Thanks. From: Holpp, Richard [mailto:RHolpp@kbhome.com] Sent: Thursday, January 20, 2005 9:53 AM To: Monica Mika Cc: Coates, Adam Subject: FW: Idaho Creek Play Area Monica, Most of the synthetic fill for the play area has odor issues. I will get you some samples to see if you have any issues. I have asked that the trailer be moved as well. I believe this is all we talked about yesterday. Please let me know if there is anything else. Thanks Rick Holpp 01/26/2005 Y .,z s •a a3==, t t nv ' � w re y 8r i iA ) t� 's,yp,€y a 1 ° N --- t :: -' : - ,' . • it• i ' t z �sy. r pp �4�t,4 Ni# r PItltl" 4 lr ti4 $.} }i £ 'L� Y-y Y .1E µ{!� —'i; Sill- zfc 1 2d '�4Y in ,ff N f� 4 rA Yt�` SS d ', Y.''':,f.i '''^ ary�� Hr i .,5„ r F'u , v`i�f , � > # ft r"�. ``ra !, 'S F y x�.�..�i ,,4,‘,..;;I 4 -�' A� / +J./ , >5 .V I 1U t r n ' : . SNIPE • :;V 4 , -- Jr 44';» » . � © ? \ �\� /\ §� t$, ,5l im ';'-'.'-'`-...:21.I''' . .,- r t ' .. "-s . „may. ,. J,S -h,p_v a d . - "' 7''''.:"%t; i °p h. .8� - • 4h W& iTx �,y, y�� a ,a'�'{`I'lPt�' to� 'O;4 .NMI" klt"' ...' .. c s a{ vroa:xswn.m-�Maror^! ' r �mi^mtmry,� s y - W a„ 4 fiFk{kY� thilk.. :4. _ ._ f tII I ''t�``s: a . .z .-• : -' 'mss .ems 2 .A .. 1e t { # .•knCA4 .r -,,''''.:(;,...7- ' Y 1, r�A.s }♦ `y.� Zi�j� F x i s --!'.z.--7'.'” x +3*F h al r f lair i"- X '-7 x sti r mfi3�t � �� x � sa n dfcfm aa" a t c i� � � ,�pde e ..,,,,,k,,,,,-�'<s3 a L s," � A.,1 t.. ' Aiid! . Ah —.. 'mot v > 4 " �' k11.„N' A• i` e ‘. 1. r , T it FW: Idaho Creek Play Area Page 3 of 3 KB Home Forward Planning Project Manager 5975 S. Quebec Street, Suite 300 Centennial, CO 80111 303-323-1156 office 303-961-7572 cell Original Message From: Coates, Adam Sent: Thursday, January 20, 2005 8:30 AM To: Holpp, Richard Subject: Idaho Creek Play Area Rick, Would you let Monica know I have some leads on a synthetic fill for the play area, but I am informed that most of them may have odor issues. If Monica is ok with waiting awhile, I think we should share some physical samples with her. If this is ok, give me a week and a half to collect some viable alternatives for her. Thank You, Adam Coates 01/26/2005 Page 1 of 1 Monica Mika From: Dennis Renley Sent: Tuesday, January 25,2005 3:29 PM To: Monica Mika Cc: Susan Ernst Subject: OPEN SPACE TRAIL Monica, I have received the requested supplemental construction documents and have completed the plan review. The building permit is approved. The permit is ready for issuance as soon as confirmation of a 404 permit is recieved and a supplemental application is completed for the grading and excavation. I spoke with Rick Holpp and they are waiting for the letter from the ACOE. When this is received is there any concerns from planning that would keep a zonehold on this permit. Thanks! Dennis 01/26/2005 Weld County Planning Department GREELEY OFFICE MEMORANDUM DEC 2 9 2004 RECEIVED TO: Monica Mika DATE: December 28, 2004 Q Director of Planning Services • COLORADO FROM: Donald Carroll, Engineering Administrator tist SUBJECT: S-554, Idaho Creek, 3rd Filing Acceptance of Collateral I have reevaluated the Exhibit A portion of the 3rd Filing that I received on December 22, 2004. The transportation items associated with constructing and building of the internal road section including curb, gutter, sidewalk, and paving all appear to be reasonable to complete the third phase. pc: S-554 M:\PLANNING — DEVELOPMENT REVIEW\Correspondence\Collateral.DOC EXHIBIT"A" IDAHO CREEK, PHASE 3 3 to 0 0 U Name of Subdivision Idaho Creek, Phase 3 lc or Planned Unit Development T Filing 1 ° n Location Weld County Road 7 1/2 south of Highway 119 A Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements.(Leave spaces blank where they do not apply.) Estimated Improvements Quantity Unit Unit Cost Construction Cost Surveying 1 Is $62,895.00 $ 62,895.00 ✓ Testing 1 Is $43,468.75 $ 43,468.75 ‘----- Site Grading 1 Is $79,837.33 $ 79,837.33 Tracking Pad 1 Is $ 1,850.00 $ 1,850.00 ‘---- Sanitary Sewer Main 2864 If $ 32.68 $ 93,602.40 Sanitary Sewer Services 125 ea $ 889.91 $ 111,238.75 Potable Watermain 3920 If $ 31.01 $ 121,540.55 Potable Water Services 125 ea $ 1,230.37 $ 153,796.25 Fire Hydrants 7 v ea $ 2,948.24 $ 20,637.65 ✓ Street Grading 14910 ' sy $ 4.42 $ 65,850.86 Curb, Gutter&Sidewalk 5730 '✓ If $ 23.98 $ 137,391.68 \,-- Asphalt Paving 14910 ✓.. sy $ 14.15 $ 210,936.51 ,---- Street Lighting ea Dry Utilities Is Signage& Striping 1 Is $ 5,082.12 $ 5,082.12 Dry Utility Sleeves&Coordination 1 Is $25,316.00 $ 25,316.00 Supervision& Incidentals 1 Is $21,838.00 $ 21,838.00 Nonpotable Irrigation System 1 Is $72,193.00 $ 72,193.00 Native Seed for Ponds 43,600 sf $ 0.08 $ 3,684.00 Short Grass Seed Mix 415,500 sf $ 0.01 $ 2,898.00 Prep Biosol/Humate 459,100 sf $ 0.02 $ 9,962.00 Gray Breeze Crusher Fine Trail 13,200 sf $ 1.25 $ 16,500.00 v--- 6'Privacy Fencing 510 If $ 23.00 $ 11,730.00 3 Rail Fencing 1,650 If $ 15.00 $ 24,750.00 (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by Contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 1,296,998.85 CIT BY 1 _ • 08EMAINTAINED SEE EEGY \ AM NAEVE GR4SSN DISTURBED DURING CO -• +I�•+`- 1 5� OBSERVATION POINT a`3 WILL CONTAIN: 8'BENCH.TRASH RECEPTACLE POTENTIAL WATER CROSSING 1 AND 5IGNAGE SEE SHEETI3 B'CRUSHER FINES TRAIL SEE SHEETT2 TO BE STAKED -- I IN FIELD BY LANDSCAPE ARCHITECT EXISTING POND EXISTING POND r, 1 ,// I �. • I - / 7 !. i1 f ( - j I. I. . EXISTING DRAINIAGEWAY Ik I .�' i IINII • j 8'CRUSHER FINES TRAIL r j I SEESHEET12 TO BE STAKED IN I FIELD BY LANDSCAPE ARCHITECT 11 - II 8'CRUSHER FINES TRAIL II•r, • 1 SEE SHEET 12 TO BE STAKED IN 11�, ma w.,_ FIELD BY LANDSCAPE ARCHITECT L _ — • y J OBSERVATION POINT%2 WILL COMAI6 _ •7 6'BENCH,TRASH RECEPTACLE. 1 f Is ' AND SIGNAGE SEE SHEET 13 TRAIL LAYOUT WILL BE _ I A 'I'- COORDINATED WITH - •-I FOR TRAIL LAYOUT It • . - JIM r WILL CONTAIN. LANDSCAPE ARCHITECT _ 1 SEE 5HEET11 TRASH AG SEES SHEET 13 8'CRUSHER FINES TRAIL - H _' 1I. SEE SHEET 12 TO BE STAKED IN /•- • . I NON-IRRIGATED SHORT GRASS k _ FIELD BYLAN05LAPEARCHITEr - SEED MIX SEE SPECIFICATIONS L }I- •% SHEET I3 TO BE MAINTAINED yl •• - 7/ BY MO.&OR ASSIGNS a .I. l ANY NA TVE GRA5SW 1 11 L . 1 . • _ • _ ` rn 1ISTURBED DURING • STRUON, ALL REMAIN T (r FDTSt1TLAI.AVATFR LROfiiN SG- 'y• r lr �; I • i-r _ ri - , - 'r NON-IRRIGATED SHORT RAGS I,• r SEED MIXSEE SPECIFI ATIONSSHEETI3 a9 <' 1..• .` TO BE MAINTAINED BY H.OA OR AG.�rN5 4 , •1 - ••1 '1 TRAIL LAYOUT WILL BE - 8"CRUSHER FINES TRAIL C.rrINATED Wall �. la •-\\ SEE SHEET 12 TO BE STAKED IN L FIELD SY LANDSCAPE ARCHITECT . PE ARCHITECT / N ''- - _ t FOR TRAIL SAYWT + • •! /. •\ - • ;\ 5EF•SHEET11 Id I' N. \I .C. \\ WELCOME'SIGN • .- • _ _ m • _ �_�J / . '_ FIR&TSIGNT NE �z i /d fr TRAIL TO CONNECT 6D Sp 114111 FUTURE SCHOOL PATH - MES /, . E •d T9E6-LbE-COE ue;JeTeA dLO : TO b0 oz gnu • I I • �6 q, 4- ry f 7kt[r a'' yp_� ! ` � I \ • \ %'( i`•, • may' \ �- r i :: j . :..r. ll. ` I Y r •, _ .- Y • \ !I'M! `q{a� i i�. . ••;! • `' �I�� / BHEE'rgb ,_a` • a , ' I 4' .\ % _f i.—/-; i ,/ p•'�-, >f • iI 1 -1' tFPPP (9,---4 ' I Z: a < z1 II i. !: �� T .q(-r '!\ �43. / . •M: `7It' .I-�_ a V 3 - a 1 i. a• � . q 411 lIi II 1 Nast"'pp --Past pu tr t of a �� o : x a .;p 12 a - a!PgppaLB„Sa'?.E' / 'i,I 1 —1 r , is •9•i ^• r �� ' n ® y `�-Hair `_�'ht, \ 0'C A :s), - r •+tua •l�•• r a )0. • fill Slf ; _ a d<<""_P0aT P ,�P I. 1 S° t r I • • �. • 9 N ■ I �r R9Fg.$ • � ` 1 � � 1 • _ f t It .,- • if 4 cf.; • 3 il • Y $ ,y fi - 91 . 5 eRillpiku �E1� lit —'1 ■ ii ti, • • sI .I ; ; €�, IDAHO CREEK SUBDIVISION �� :..IIt Y I ' WELD COUNTY, COLORADO '' '�`R``'n� It'17-6(49,1;;\ ENGINEERS A .. CONSULTINGLt,,. 'q OF SHEETS AND PNA$INO PLAN Th f2.L SURVEYORS . PLANNERS Rs r 11.-1.. I�FM AMY ,.I Cs 1^.-t . '111 ,. ya. e. P-Park ikaJun Dr. Littleton, c.lura.u 00194 r,q for�p,J/. . .... htl �- P'//ea•.auKtUgptaa L� a, Thsi*+s+ rk—k iii i.j » , a v i arry,;174 4••••••••M,q•vlry.,.,�,..z, •11 _•yx';,r-s Mil Z0/Z0 39dd In I:-�,.. -T �,...,...,...__..-----._ QNC� H� b0G9ELLE0E II 07 7RG7/FG /FA Monica Mika From: Holpp, Richard [RHolpp@kbhome.com] Sent: Tuesday, January 25, 2005 2:55 PM To: Monica Mika Cc: Myers, Cynthia; Coates,Adam Subject: RE: Idaho Creek Play Area Monica, The following is and a summary of the discussion we had yesterday afternoon and a status report of the items you has sent regarding phases 1, 2 & 3 (please see attached pictures for reference): PHASE 1 1. All identified fencing is complete as of 1/25/05 (see attached picture of finished fence). 2. KB will be providing the square footage and cost of the fibar currently installed to see if it matches the $10/sf 1845 s.f. requirement identified in the improvement agreement(see attached picture of existing fibar). It is hoped that the County will allow the fibar to remain as many recycled plastic/rubber alternatives tend to give off an odor when saturated. 3. The park restroom is open 24 hours a day from April 15th through November 15v'. It is closed and winterized on November 15th when the use declines to decrease maintenance and keep plumbing from freezing. PHASE 2 We have provided Keith Meyers with photographs of the intended pedestrian signals and a stripping plan for the two proposed pedestrian crossings on 7 '/ mile road. KB is willing to install the crossings, but requests that we be allowed to give the County the money to install the crossings when needed or install one crossing at the Idaho Creek Parkway intersection and give the County the money to install the other when needed. Currently, 7 1/2 mile road ends just south of the subdivision and it is not known when the road would sustain enough traffic to justify the second pedestrian light. Open space KB is waiting from a letter from the Army Corp of Engineers,which would amend the existing 404 permit to include the trail. A Corp representative indicated that he would make the modification and forward a letter, which we have been waiting for. The letter is required by the County prior to issuance of building permit. Phase 3 1. There have been limited spoils from Phase 2 grading put on Phase 3. These spoils can be moved if need be. KB asks that this be allowed to remain due to the anticipation of starting Phase 3 as soon as possible. 2. The trailer put in the ROW is not owned by KB Home or any of its subcontractors. I have contacted the HOA Management Company and asked them to issue a letter asking that the trailer be removed. It is assumed that the trailer belongs to the adjacent homeowner. If not, efforts will be made to find the owner and request removal. The Sheriffs department will be contacted if these efforts don't work(see attached picture of what is believed to be the trailer in question). 3. The large KB Home trailer is scheduled to be moved on Friday,January 28th. • 4. The concrete washout appears to be constructed per State guidelines and does not appear to be in violation (see attached picture). Please let us know if you see any violation. Copies of the State Permit will be faxed to you. In addition, we discussed that the installed shelter, used as a bus shelter, is the only shelter required to build. It is identified in the improvement agreement as a picnic shelter. I will anticipate being at the hearing on January 31st at 9:00 AM. Please let me know if this changes for any reason. tare- Thanks for your help. 01/26/2005 MY 0 � ^n112/f2nno 1b: 04 /204883888 KB HOME LAND PAGE 01/04 ; KBHQME FAX Transmittal From: Rick Holpp KB Home Forward Planning Project Manager 5975 S.Quebec Street,Suite 300 Centennial,CO 80111 303-323-1156 office,303-961-7572 cell,720-488-3888 fax Th: Monika Daniels-Mika Front Rids Holpp Fax: 970-304-6498 Pages: 4 PhoneDate 1127/05 Re: Idaho Creek SWMP&Trailer Letter CC: ❑ Urgent El For Review ❑Please Comment ❑Please Reply 0 Please Recycle Monika, Please see attached State of Colorado Stormwater Discharge Permit, annotated map showing concrete washout and letter from the HOA regarding the trailer. Please call if you have any questions. Thank you, Rick Holpp -01, 2/1200b 16: 04 7204883898 KB HOME LAND PAGE 02/04 STATE OF COLORADO Bill<)wens,Guvcrnw Douglas H. Oeneventn, Executive Diruanr OcU/.Wed fn m Y'cot, P MCtinp,and improving tha heo1Nr anti envlrenmant of the p * 4200 Cherry t; 7ios, 14 u1(:otrxadn lye` $ nMk Dr,S. Laboratory and Rudinnen 5nrvirRs Diahimr 13lMlvr,t,t;nInrado 8024th-1588 8100 Lawry LOA. '° +! Phone(303)&92.2cxnI De'wor,Colorado 80230- TDD Line Cann 691-7700 (103)692-3090 G§2tt ava* located In Gluralale,Colorado C]a doDepari an bupz//www.rriphe.stata.c4ui of En ironme}t and Environment Junc 19,2003 John Healy,Director Ks Home C n)nrado,Inc. 5975 South Quebec Street Ste 300 Centennial,CO$0111 303/323-1100 RE: Phial Permit,C:oloradu Discharge Permit Syatem—Stormwater a Certification No; COI,,-035325,Weld County Idaho Crock Local Contact: Mal(Janke,Project Manager,303/323.1.106 Anticipated Activity: 10/01/2003 through 10/31/2005 On 100.4 acres(100,4 acres disturbed) Dear Sit or Madam: Enclosed please find a copy at the permit xrlificaliun that was issued to you under the Colorado Water Quality Control Act. Your certification under the permit requires that spccilic actions be performed at designated Limes• You arc legally obligated to comply with all terms and,conditions of your certification. Note that the sLonua ater permit for construction activities now covers consbncti0rl sites disturbing down to one acrc(the previous threshold was 5 acres). ;Effective July 1,2002,any construction activity that disturbs in bust 1 acre of land(or is part oh a linger common plan of development or sale that will disturb at least 1 acre)must apply for permit coverage. Please read the pernlit and ccrtificatiou, 1f you have any quesliona please visit our wcbsite at. http://arww.cdphe,state.co.its/wq/penaitannit/wgcdpmt.html,or contact Matt Czahor at(303) 692-3575. Sincerely, Kathry Stormwatcr Program Coordinator • Permits Unit WATER QUALITY CONTROL DIVISR1N Enclosure ice: Regional Council of Governments focal County Health Department DistrictEagtaoer,Teehcical Services,WQCD Penult Pile Fee Pik £00/TOO'd LOOb# 8£BOBL910£ ZciIT SOOZ; Grislyf '01. 27/2005 16:,04 7204883888 KB HOME LAND PAGE 03%04 i1L 'I ', V i� 47.4.in:.4ye `I S . . tt M r' r';fig 4. 4 1. I . I ,..'r ^.l`� I I11 p 4 �, , I -I j ' .4 I a ,rl a L a Ft p �.I a ICI' a r ' rw Ir.r.9 1 F G . ' t • �. ri I� jI �.yf �: ;+ yr, Ir .{y" 4 I' � ,w•y jpk.'tn ,Z,:0,7•`-,Kate 47,4'} wr..!"a�. ,t 11 'E IIx lwgyaury --•y I•I'� I a • s RO A. � `. . " ('( a / • I w al ' . n I --I C .... ...__r w a _ IN sik • R ei$ ; !I'm lell % 10 er m z2 g j4 rn z IA fi Eoo/card Lo000 8E8o8LBEOE Es2t: SoOe:LZ'ATYP -01:'2/12NJb6 16:04 7204883888 KB HOME LAND PAGE 04/04 01-27-t005 11:50AM FROµ-µenagenent Speclaliate 8034206611 T-931 P.002/ODt F-117 IDAHO CREEK HOMEOWNERS ASSOCIATION,INC. c/o Mauagement Specialists, Inc. 390 Interlocken Crescent, Suite 500 Broomfield, CO 80021-8041 I (303)420-4433 (303)420-6611 Fax I January 27,2005 Ismael Hemandez-Quezada 10713 Butte Drive Longmont, CO 80501 Dear Homeowner: Weld County has contacted KB Homes and Management Specialists, Inc. regarding a large ABS Trailer parked in an abandoned lot at the north end of Butte Drive. We were inform d that the trailer belongs to t e homeowner at 10713 Butte Drive,Block 1,Lot 6. The trailer needs to be removed immediately per Weld County Code and KB Homes. A fine in the amount of$100.00 per day will be assessed lithe trailer is not removed b Monday, January 31,2005. Thank you for your attention to this matter. Sincerely, Deneen Gaines For the Board of Directors DG/pjp/]DC 4.C cc: Board packet a MEMORANDUM TO: Board of County Commissioners DATE: February 23, 2005 FROM: Monica Mika, Director SUBJECT: S-554, Idaho Creek Third Filing • COLORADO Acceptance of Collateral Improvements Agreement During the past several weeks Weld County staff and representatives from KB Homes have resolved all outstanding issues concerning the collateral for First Filing, Second Filing and the Open Space area for this subdivision. County staff members have participated in this resolution of issues and recommend acceptance of the collateral and agreement in the form of a letter of credit in the amount of$ 1,296,998.85 (one million two hundred ninety six thousand nine hundred ninety eight dollars and eighty-five cents). Cc: Keith Meyer, Weld County Public Works Don Carrol, Weld County Public Works Bruce Barker, Weld County Attorney Hello