HomeMy WebLinkAbout20043547 533
RESOLUTION
RE: ACCEPT COLLATERAL FOR OPEN SPACE PARKS PORTION OF PLANNED UNIT
DEVELOPMENT FINAL PLAN, S #554, IDAHO CREEK - 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, on October 22, 2001, the Board
approved an Improvements Agreement According to Policy Regarding Collateral for Improvements
(Public Road Maintenance) between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and KB Home Colorado, Inc., with terms and
conditions being as stated in said agreement, for Idaho Creek, Phase 1, recorded by the Weld
County Clerk and Recorder, on October 29, 2001, at Reception #2895662, for a parcel of land
located on the following described real estate, to wit:
Part of the NW1/4 NE1/4 of Section 10, Township 2
North, Range 68 West of 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 currently holds Development Bond#26 68 23, issued by American
Home Assurance Company, reduced by Surety Rider#26 68 23 and effective March 10, 2003, to
the amount of$87,300.00, for Phase 1 of said development, and
WHEREAS,the Board currently holds Development Bond#3S 12723400 from Lumbermens
Mutual Casualty Company,a corporation organized under the laws of the State of Illinois,as Surety,
reduced to the amount of$1,026,209.00 by Rider dated February 11, 2003, for Phase 2 of said
development, and
WHEREAS,the Board has been presented with Faithful Performance Bond (Subdivision)
#SU 5010143, issued by Arch Insurance Company, in the amount of$346,006.00, for the Open
Space Parks Collateral, which is page 21 of 27 of the original agreement mentioned above, as
recorded by the Weld County Clerk and Recorder at Reception #2895662, and
WHEREAS,after review,the Board deems it advisable to accept said Faithful Performance
Bond(Subdivision)SU 5010143, issued by Arch Insurance Company,in the amount of$346,006.00,
for the Open Space Parks Collateral, a copy of which is attached hereto and incorporated herein
by reference.
11111111111111111111111 IIII111111111111III 11111 IIII IIII 2004-3547
3256633 01/26/2005 04:28P Weld County, CD PL1321
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
M ; PG, /6760) 0.2 -ev-oS-
ACCEPT COLLATERAL - KB HOME COLORADO, INC. (S #554)
PAGE 2
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Faithful Performance Bond (Subdivision) SU 5010143, issued by Arch
Insurance Company, in the amount of$346,006.00,be and hereby is,accepted,as collateral for the
Open Space Parks Collateral, as detailed above.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
wing vote on the 20th day of December, A.D., 2004.
Ellda BOARD OF COUNTY COMMISSIONERS
7m-rY, Clc)OLORADO
1661 t '`�$..o —. ,///
4 ,,/ Robert D. Masden, Chair
a H a Courxy Clerk to the Board
9 „ M William H. erke, Pro-Tem
BY:
Deputy Clerk o the Board -MG.-
M. J. •e
R D AS
David . Long
o my ttomey
Glenn Vaad
Date of signature: r%/(7/O S`
AIM I1ll1VIII HIM 1111111VIIIIIIVIIIIIIIIIII
3266533 01/26/2006 04:28P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2004-3547
PL1321
° MEMORANDUM
TO: Board of County Commissioners
DATE: December 15, 2004
ariC
CFROM: Monica Mika, Director"
SUBJECT: S-554, Idaho Creek Open Space Classroom/Park
•
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 containing the following still exist:
1. A six foot privacy fence around 5 (five) homes has not been
completed
2. Picnic shelter is installed and in violation.
3. ADA restroom is finished but locked. (Need operation schedule)
4. There is no pedestrian crossing. (Two are required)
5. The bus shelter continues to not meet setback and is presently in
violation.
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.
EXHIBIT"A"
OPEN CLASSROOM PARK
Name of Subdivision
or Planned Unit Development Idaho Creek
Filing: 1 -
Locatlon: Weld County 71/4 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 U'I Construction Cost
Partcktg Lot Base . 1981 sy x S8.00/sy $11,766
Parkkp Lot Paving 1961 sy x$7.20/sy 514.119
Native Seeding $0.41 /six 385,414sf $158,020
Top Soli or Organic Matter at Seeded Area $18.60 I cy x 7,13Tcy $132,035
Irrigation LS 60,009
Crusher Fines,Trails 54.50/t x 3,45TIf $15,557
Signing S x$900 ea $4,500
Street Lighting 1 x$1,200.00 !.
SUBTOTAL:
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S 346.006
The above Improvements shall be constructed In accordance with all County requirements and specifications,end
conformance with this provision shall be determined solely by Weld County,or Its duly authorized agent
Said knprovements shell be completed according to the construction schedule set out In Exhibit'8'.
By
Ap ant
Appl
\ lc
v Date: epetaGac. O2 20 L/ .
The
(If corporation,to be signed by President end attested to by Secretary,together with corporate seal).
•
1111111 11111 1111111lilt111111till 111111111 111111128 ll till
21 95662 of 27 1 ft 0.0001 0 0.00 Weld P JA SuW moto
Weld County CO
BOND NO.: SU 5010143
PREMIUM: $2,768.00
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, as Obligee, in the
sum of Three Hundred Forty Six Thousand Six and 00/100 Dollars ($346,006.00), 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 Subdivision Agreement with said Obligee, dated October 22, 2001, in which said
Principal agrees to construct improvements in Subdivision known as follows:
Idaho Creek Phase 3
Open Classroom Park 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 October 20, 2004.
KB HOME Colorado Inc.
(-%egBy
Arch Insurance Company
By 44L
oyck Herrin,Attorney-in--Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On October 20, 2004 before me, Maria Pena, Notary Public,
personally appeared Joyce Herrin 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.
MARIA PENA f
w tau COMM. #1414097
R :�A4' P. NOTARY PUBLIC CALIFORNIAN Maria Pena
I ' ..,° LOS ANGELES COUNTY
• My Comm.Expires Apr 27 2007E n
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, Richard E.
Bigley, Lisa L. Thornton, Marla Pena, E. S. Albrecht Jr., Tracy Aston, Betty Walker 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:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all Intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office In Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED,That the Chairman of the Board,the President, or any Vice President, or their appointees designated In writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptancaot.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.
OOML0013 0O 03 03
Page 1 of 2 Printed in U.S.A.
rc` i
Insurance Group
IMPORTANT NOTICE CONCERNING THE TERRORISM RISK
INSURANCE ACT OF 2002
The Terrorism Risk Insurance Act of 2002 establishes a Mechanism by which the federal government will Share,
with the insurance industry, in losses arising out of "acts of terrorism" certified as such by the Secretary of the
Treasury. "Certified acts of terrorism"are defined es events that cause more than $5 million in losses and:
1. Are violent or dangerous to human life,property,or the infrastructure;
2. Result in damage within the United States, on a United States mission, or to a United States aircraft or
vessel; and
3. Are committed by individuals, 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 commercial property
and casualty policies of insurance, and It requites 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'bettified acts of terra ism"is being made evailate 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 pays 00% 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 2OO3, 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.
MEMORANDUM
lie
TO: Monica Mika DATE: November 4, 2004
WI Director of Planning Services
FROM: Donald Carroll, Engineering Administrator
COLORADO
SUBJECT: S-554, Open Class Room Park Collateral
At your request, I re-checked the parking lot base, paving, and the crusher fines for the trail utilizing the plat
provided by CVL Consultants of Colorado, dated October 2004.
I verified with Kim Ogle that the open space parking and trail plat I used was the most current available and
that it was also being used for the flood hazard development plan.
The quantities and estimated construction costs for the transportation portion all appear to be reasonable and
acceptable for completion of the project.
I recommend acceptance of the estimated construction cost.
All other non-transportation items should be verified by Planning Services.
pc: S-554
M:\PLANNING - DEVELOPMENT REVIEW\Correspondence\Collateral-memo.DOC
10/29/2004 13: 48 7204883888 KB HOME LAND PAGE 02/02
OCT-29-2004 10:S8 RON CONSTRUCTION SERVICES 213 599 9731 P.01/01
•
•
Division of Insurance
DEPMMAE►tf OF REGULATORY AGENCIES
CERTIFICATE OF AUTHORITY
MIT is to Certify that the
Arch Insurance Company,
organized under the laws of Missouri,
subject to its Ar ticia oflnoorporotion or otherfundamental organizational documents and in
consideration of its co+npliance with the laws of Colorado, is hereby licensed to transact business as a
Muhlple Line
insurance contpcn7,for the lines of business designated below:
Credit(Casualty.Accident&Health) crop
Fidelity and Surety
General Property General Casually
Mortgage guaranty
Motor vehicle (Casualty)
Mater Vehicle Professional'Malpractice (Properly)
Workers'ers'CompenssHon
at provided by tie Insurance Layer,of Colorado, as emended, so long as the insurer continues to conform
to the aarhoriry ranted by its Certificate and its corporate articles or its Cerhftcare is otherwise
revoked, cancelled or suspended
In Wises., Whereof, I have hereunto set my
hand attd causal the official seal of m3'
office to be affixed at the City and County of
Denver, this 29th Day of July 2002
•
COSERsScr+5x or INSURANCE
TOTRL P.01
Glacier Page 1 of 1
•
Monica Mika
From: Lee Morrison
Sent: Thursday, October 28, 2004 3:17 PM
To: Monica Mika
Cc: Carol Harding
Subject: Arch insurance and Idaho Creek
I need proof that Arch is authorized to do business in the State of Colorado as everything attached
relates only to toits incorporation in Missouri and is executed in California
(a D. rfa,vi.:4»
Assistant Weld County Attorney 915 10th St., PO Box 758
Greeley, CO 80632 (970)356-4000 x 4395:FAX 352 0242
This c-mail contains confidential and/or privileged information. If the reader is not the intended recipient.please
reply and delete your copy of this message."
10/28/2004
d DEPARTMENT OF PLANNING SERVICES
'� Hours: 7:30 a.m.-4:30 p.m.
PHONE (970) 353-6100 EXT. 3540
FAX (971304 6498
91810 STREET
lURe
GREELEY, COLORADO 80631
COLORADO
November 10, 2004
Rick Holpp
Planning Project Manager
5975 S Quebec St Ste 300
Centennial CO 80111
Fax 720.488.3888
Dear Mr. Holpp,
After review the collateral improvements for first Phase of Idaho Creek, it's estimated that approximately 80%
of the non-transportation items have been completed. I do have concerns that the following issues have not
been resolved:
1. A six foot privacy fence around 5 (five) homes has not been completed
2. Picnic shelter is not installed
3. ADA restroom is finished but locked. I would like the opportunity to look at the
utilization schedule for this facility
4. There is no pedestrian crossing
5. The bus shelter continues to not meet setback and is presently in violation under BCS-
030282 of the Weld County Code
I plan to ask the Board of County Commissioner for acceptance of collateral for open space. But prior to
doing so, I would like some discussion or information concerning the Phase I development.
In Phase II, approximately 70% of the non-transportation items have been completed. It appears that fencing
is still not completed in certain areas.
After you have had the opportunity to review this, please contact me at (970) 353-6100 ext 3540. I look
forward to meeting with you next week.
Sincerely,
i y�q
Monica aniels-Mika
Director
I
_
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Esther Gesick
From: Kim Ogle
Sent: Monday, November 01, 2010 3:08 PM
To: 'Katie Cooley'
Cc: Trevor Jiricek; Tom Parko; Kim Ogle
Subject: Open Classroom at Idaho Creek PUD
Attachments: IDAHO CREEK PUD OPEN CLASSROOM COLLATERAL RELEASE REQUEST with
amendment FINAL.pdf; IDAHO CREEK PUD OPEN CLASSROOM DIGITAL
PHOTOGRAPHS.pdf
Hello Katie,
As discussed in my voicemail message to you, please find
Weld County's response to the non-transportation
elements associated with the referenced PUD.
Thank you.
Kim
Kim Ogle
Weld County Planning Services-Greeley Office
1555 North 17th Avenue Greeley CO 80631 kodle(@co.weldco.us
T.970.356.4000 x 3549 F:970 304 6498
•
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DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
1555 North 17` Avenue
' Greeley, Colorado 80631
C W :www.co.weld.co.us
OE-MAIL:AIL: kogle@co.weld.co.us
PHONE(970)353-6100, EXT. 3549
• FAX(970)304-6498
COLORADO
October 29, 2010
Ms. Katie Cooley
Cooley Development Consulting
14577 Galena Court
Brighton, Colorado 80602
Subject: Open Classroom at Idaho Creek PUD
Assessment of current site conditions
Dear Ms. Cooley:
The Department of Planning Services is in receipt of your letter with multiple dates,August 10,2009,January
15, 2010 and October 15, 2010 in the masthead, requesting final acceptance of the site improvements
associated with the Open Classroom at Idaho Creek PUD. This office conducted a field investigation to
determine if the improvements had been completed for the non-transportation items as outlined on drawings
prepared by Valerian,LLC of Littleton,Colorado for the Open Classroom Park component associated with this
development.
As outlined in previous correspondence, the Open Classroom Park component of this development had
several issues that required addressing by KB Homes of Colorado, and many of the previously discussed
issues have been resolved.
However, upon investigation Planning staff noticed in at least one location the top for the trash receptacle was
not present thereby allowing for windblown and animal strewn materials to be a nuisance condition. In at least
two locations the trash receptacle is damaged due to apparent vandalism. In one location there remains a
moderately sized pile of bark mulch within the paved parking area. Please find attached digital images and
locations of the conditions as described.
As previously discussed with KB Homes of Colorado representatives, Sheet L-12 from Valerian, LLC
delineates the required evergreen deciduous and ornamental trees and the evergreen and deciduous shrubs
by quantity,for the entire development. While this list appears to represent the existing plant material placed
within the development staff visually identified several areas staked for what is perceived to be a new plant
material installation, both within the trail area and also in the area identified as a future trail connection to the
school if ever constructed on site. Representatives for KB Homes of Colorado verbally indicated that the
open classroom component has been transferred to the Idaho Creek PUD Homeowners Association and that
the HOA had undertaken the upkeep of this natural area component.
As previously discussed,the Bond(SU5010143)held for KB Homes of Colorado to guarantee the completion
of site improvements was held within an agreement between Weld County and the Developer. The Idaho
Creek PUD HOA was not party to this agreement. Proper notice was not provided to Weld County when KB
Homes released obligations to the HOA and we respectfully request a letter written by the HOA President
indicating that they are accepting the open classroom component in the current condition as discussed herein.
With receipt of this letter from the Idaho Creek PUD HOA,the Department of Planning Services is prepared to
recommend that Bond (Subdivision) #SU 5010143 issued by Arch Insurance Company in the amount of
$346,006.00 dollars for the Open Classroom Park component be released.
Should KB Homes of Colorado, Inc.,or Cooley Development Consulting have questions or concerns regarding
this request,please contact this office for clarification. My points of contact are listed in the masthead. Thank
you.
Sincerely,
Kim Ogle
Planning Services
Enclosure: Digital Photographs of site Conditions
ec: E.Gesick,CTB
T.Jiricek,Planning
T.Parko,Planning
D.Bauer,Public Works
R.Hastings,Public Works
J.Holbrook,Public Works
Kit ,„\,--4,-- MEMORANDUM
Illip
TO: Case File, AmPF-554
Q KB Homes of Colorado
COLORADO DATE: October 29, 2010
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FROM. Kim Ogle, Planning Services
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SUBJECT: Digital Photographs of Site Inspection
Idaho Creek Open Classroom
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