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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 _ • •�waa00.01.1 -e.5e•iY4 '�'K I;I � °wnw� ,yc: ::.���w '.:-- �! - t \ \ •\m'Z\-• '111". 6• . •I=' .r i'1 ? i.[., Yr ` •L� i •�' agi aI • i ,Iai I i 'L /- i a •lie ' ,k lift I I • ' i I' r �` I •/ t • , 3 • q .._ �i • ' a o IN;I-lam _`_:a'�-� �. I niF.._CS r x G 5 _ 1 . • -' c• / g • •a r it �1' w ITc r r _ p • I •7-!--r----d- i .� x a l : BB--a--- 2_, ibB PkA k PRoPiLesEE NEFF a �� IiI'�'.� 1I , !I � ^� \ '� N i s� f I . 5I • -' ® . tIs • �'th .4-------port-_p a .4,_„„ I�°' ait. r I f 1 I • - IP , �I _ B • g I • N2f ,�F-4 ' 4 . 3 _...T21 - . ,,,..: ii. its : it LIT:II . i , ii' ,�FOq-P6 1 n --- , le 1.,/: / .PAOFa�8� e 3 -1 ^.^1 I s -. ._ . .._- --:-.1-1---- ._`1 - _ -n'Azoimvoir tits. � .. :fir• r".Id i € IDAHO CREEK SUBDIVISION ���*�� e _ i•�-ru�ll _ _ L ' CONSULTING ni: II,,of 6 WELD COUNTY, COLORADO ,I.,.. 'l� U'u. '� n Ip ' �/� ERS •SUR�'EYOKR .OF SHEETS AND PHASING pLAA i I'T11 ) II23: F.'Parp llaaiu.• P�^INERS FILL kl:4Q1 , Ur. I+9 latr c;owili 1p11 2b Li E a2 f..•a A,p.,r/b J'..I. .�° :.: /'Ub115tl0 for JQY/70A-tl/Y0 htl:,•' ear,yJ'P / MIdYU,r„mLi `93° ,y1�[:t�'eh,ycn men�p ti3 ....., te.. 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ANY NATIVE GRASS IS NOT / ,,, ;/ii, /1 'IsmRBED DURING CONSTRUCTION / A•-�I - SHALL REMAIN , N 3, OBSERVATION POINT i3 WILL CONTAIN: %/ 6'BENCH.TRASH RECEPTACLE �//a _/ • I AND SIGNAGE SEE SHEETI3 r B'CRUSHER FINES TRAIL / �+� _!.-/ I SEE SHEETI2 TO BE STAKED - - EXISTING POND 1 IN FIELD BY LANDSCAPE ARCHITECT �i -' EXISTING POND / ./A• ✓i� ir, i iii,/: ,::: 1)..-/.,-/ • I TRAIL LAYOUT WILL BE / �'+- - - ,4 'iil ` 1 COORDINATED CHIT j r P 1 ,„2I I LANDSCAPE ARCHITECT I I. r i t tie . . j iIh il jj r I P y A+I� I r j 1 .,;.1 11 8'CRUSHER FINES TRAIL II -I i i�II II J SEE SHEET 12 TO BE STAKED IN I I ICI " I FIELD BY LANDSCAPE ARCHITECT Ij(,. f I \-•-: H OBSERVATION POINTt2 WALL CONTAT I r� **� I. -I 6'BENCH,TRASH RECEPTACLE r ;_ \ „1 r I I I' • AND SIGNAGE SEE SHEETt3 I :I 'f TRAIL LAYOUT WILL BE - _ . 1 /I I U. \• 'I +I :'llI - TIONPOINTf1VALLCOMNN: L COORDINATED D5UPE ARCHITECT ••-. - : FOR TRAIL LAYOUT IT ` 41� - 3ENCH,TRASH RECEPTACLE. •I SEE SHEET II - �� 1!1. ND SIGNAG SEE SHEETI3 8'CRDSl1ER FINES TRAIL •I j_ -I' �� SEE SHEETI2 TO BE STAKED IN , .•.. -. NON-IRRIGATED SHORTGRASS 11 I H f FIELD BY LANDSCAPE ARCH r - I '� SEED MIX SEE 5PECIFlUTION5 If! •/ SHEET'S TO BE MAINTAINED I CH II-I. e-_•� - / BY H.OA OR ASSIGNS i? I `. .�I,I rwlL . ANY NATNE GRA55 WMK. . // ' }i I. I 1. - Ili/>`PDPr _ _ -XLISTURBEDDURNG 'STRUCTION /'- • I I'� I �� HALL REMAIN Vii �I••'. - Ortrth/ •-� l+ . - / Illy 111 _ I •-• _�' LNON-IRRIGATED SHORT RA55 11/ /- 1' /y '-I/ I r',I •/-!014: y -- SEED SEED MIX SEE SPECIE IATIONSSHEETI:B 1 - 7 -'I` /• j I I L L',I • QISd O,,r wit..., .•.; TO BE MAINTAINED: H.O.A.ORASSIGNS 1.-i - IILiI: Iy' 014, ,S "1 TRAI LAYOUT MILL BE , - I '1J(' 5-CRUSHER FlNE5 TRAIL ^•INAIED NTM ! - 1 -1'� I I I-'I Cr'-'7/9/1 red -1 SEESHEET12 TO BE STAKEDN LAN' CAPEAKCHITEC-r IC 'f-'jl I i II:, _ \ FIELD BY LANDSCAPE ARCHITECT r FOR TRAIL_LAYOUT I ' 1 w , dal- f I T1 //_2 '/ �_ --_ \ BEESNEET,li 1 • 1 I-I' .I iW' 1iµ 1 I. 1 II V� I . .CTL - \ WELCOME'SIGN Illh' IL ITT r - _ . - _- _ -. '\ �•[ 'i.� I 11,1 II /* Y A"�V�� i '. . . . : . . . . _/ y//,```� F Via\ '�T FIRST SIGN • - } _ '� - 1 r tK • z 'd I9E6-LbE-E0E uez.Aalefs dLO : I0 40 OZ 2Tld Hwy UT sex/7" 1 • 0v • 1 : �, � e . {: ' ROAN �.. o e e : • • ._� 1 ,. O. a . .. p� .p: C .- .' . .-. L � ; •ppl � 0. . . o E..' s ° ° ' �m ' - 1 Aso . - ° ° i �G ,% ':. . . . .._ . ' -: . r . . . . . p LEGEND0 OD ova:rewire __ . . . . . .- - - '-:\ �1 as I. 1 .° . I ° ° 1 - � U = a A �O ---sca rw¢ , g DIVING POND ,..0 • a e� ' } O' 4 - i am rwr wnw Al ,i • - . . • e oq if i` s nun ,;• Op '0`? ' p ' 00 '' a ill Qill n waCN z1..2001 Rao.. jme 0 5O 200 L-1 ` - - • • NORTH SCALE. t - ICU' / SHEET 1 OF 1 ' «\ • ®e %hI rt, t ocknoris dtxa - No(sto Gel-arri`.4 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 • dawkins-e4/CAL0YLai) aGOS/- 35x/7 l/ 8-ao/O > PL /3-2/ a 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 Lg.. •••••1•11.0. IMT•M.M FROM. Kim Ogle, Planning Services eat SUBJECT: Digital Photographs of Site Inspection Idaho Creek Open Classroom . 4444;e0 KA. . - % {11 • ) 11 ♦ .. - _ -� - .- v I. :Jr, 'It i1♦•'>'1 Al ' f: f Y 1f•♦1110•1d.. �z- n �� ItA11♦1�1♦♦♦ _ • .Nl!! 14.11 111 ♦ `"'' ' ,�l o ..11.1••1111111111111• %t Trash Receptacle Parking Area, Damaged Interpretative Area 1 , Trash Receptacle Missing Lid 0 r _-4' y _ 114* " ' , 1♦.l 1ef• - 2,4 cat. ' - 4 . � _ . 1 . t -..:f • • Interpretative Area 2 Interpretative Area 3, Trash Receptacle Missing Lid �sr. o o , . I a- e ) r. •w. � f • . _ 1' •.f Zt : ,N. Interpretative Area 3, Mulch pile in Parking Lot Trash Receptacle, Damaged and Missing Lid Hello