HomeMy WebLinkAbout20030663.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, S #554, IDAHO CREEK, PHASE 2 - KB HOME OF COLORADO, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 7th day of March, 2001, at 10:00 a.m. for the
purpose of hearing the application of Kent Carlson, P.O. Box 247, Eastlake, Colorado 80614,
requesting a Site Specific Development Plan and Planned Unit Development Final Plan, S #554,
for 351 Residential lots in the Mixed Use Development area, and
WHEREAS, pursuant to certain Conditions of Approval,the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and KB Home Colorado, Inc., with terms and conditions
being as stated in said agreement, for Idaho Creek, Phase 2, a parcel of land located on the
following described real estate, to wit:
Part of the 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 has been presented with Development Bond #3S12723400 from
Lumbermens Mutual Casualty Company, a corporation organized under the laws of the State of
Illinois, as Surety, in the amount of$1,026,209.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Development Bond 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 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., be, and
hereby is, approved.
2003-0663
PL1321
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IMPROVEMENTS AGREEMENT- KB HOME COLORADO, INC. (S #554)
PAGE 2
BE IT FURTHER RESOLVED that Development Bond #3S12723400 from Lumbermens
Mutual Casualty Company,a corporation organized under the laws of the State of Illinois,as Surety,
in the amount of$1,026,209.00, be and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of April, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST: / 4!C.C�I , JL
� ' a� vid E. Lon , Chair
Weld County Clerk to t (B•
1861 ( Z-'" .
Robert D. den, Pro- e
BY: Lei
Deputy Clerk to the (�j� d6,/
...I M. J. eil /
APP AS TO GL\
William H. Jerke
ounty Attorney) ,>�
Glenn Vaad
Date of signature: 2/h
2003-0663
PL1321
780
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this .7' day of Aal' 1 ,20 d3,by and
between the County of Weld, State of Colorado, actini throh its Board of County Commissioners,
hereinafter called "County,@ and KR I/erne GAAorJ e*
0y C. , hereinafter called "Applicunt.?v
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
A part of the NW 1/4, NE 1/4 of Section 10, Township 2 North,
Range 68 West of the 6th P.M. , Weld County, Colorado, as
shown on the final plat as Phase 2 of the Planned Unit Development
Final Plan, S 0554, Idaho Creek.
WHER :AS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be
known as 'I ak\-)a CC-K< has been submitted to the County for approval; and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvements Agreement guaranteeing the construction of the public improvements
shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development
Final Plat, or Site Plan, which improvements, along with a time schedule for completion. are listed in
Exhibits AA@ and AB@ 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:
1.0 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 AA,@ which is attached hereto and
incorporated herein by reference.
1.1 The required engineering services shall be performed by a Prok.;sionaI 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 roads 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
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Planned Unit 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 Easements: 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 Development improvements listed on Exhibit AA,@ which is attached hereto
and incorporated herein by reference, according to the construction schedule set out in
Exhibit AB@ 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 AB.@ The Board of County Commissioners, at its option, may
grant an extension of the time of completion shown on Exhibit AB@ upon
application by the Applicant subject to the terms of Section 6 herein.
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4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from ally 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, together 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 may
be 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:
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 VIE 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 constructed under an improvements agreement, the subsequent
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subdivider, applicant, 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 Services prior in recording the
Subdivision, Resubdivision, or Planned 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 pro 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
Colorado Construction Cost Index 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 Onit
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 monies to be
reimbursed by the subsequent subdividers, applicants, or owners.
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 AB,@ but such use and
operation shall not constitute an acceptance of said portions.
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6.2 County may, at its option, issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown
on Exhibit AB,®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 lbr 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 shall 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
maintenance. 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
Agreement. 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 completed within one(I) year after 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 it. expiration and further provides that cost estimates for th remaining
improvements are updated and collateral is provided in the amount of One-
Hundred percent (100%)_ of the value of the improvements rem°inins! 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 all or
a portion of the collateral and take steps to see that the improvements are made.
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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 improvements 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 Ior a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits AA@ and AB.@ The
costs of the improvements described in Exhibit AA@ will be adjusted higher or
lower for the year and quarter in which the contemplated work is being performed
based on AThe State Highway Bid Price Index@ contained in the AQuarterly Cost
Report@ of The Engineering News-Record as published by The McGraw-Hill
Companies. The applicant has provided cost estimates for all 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 County. 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 AA@ and AB.@
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.
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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 alter
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 ful lowing arc
submitted:
8.2.1 In the event property 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 Peal [state Appraiser;
(M.A.I.) indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)
of 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 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 A ereement 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 he 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.
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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-I I undred percent (100%) ,of the vchHL' 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 ent ire project or tier
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 C'oloraclo
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 if the 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.
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 port 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
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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 be released to the applicant upon final acceptance by
the Board of County Commissioners for full maintenance under Section 5.3 herein.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, 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 of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall he secured in accordance with one ()I'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 County 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.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day
and year first above written.
APPLICANT ✓�
U' ^rti..
I Y'; APPLICANT'
1 {
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TITLE: (r;'ce I}es i ck - r«nc e, K13 /genic (06Th cic iC.
KATHLEEN A. SCHIEL
pit;3L NOTARY PUBLIC
Subscribed and sworn to before me this l t n day of%}4t jt.t STATE OF COLORADO
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My Commission expires: c t r S r�
Notai Public
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Al TEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to Ale B 4 4.r:, David E. Long Chair
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Deputy Clerk to the
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APPROVED AS TO FORM: 7
County ttorney
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EXHIBIT"A"
PHASE 2
Name of Subdivision '
or Planned Unit Development: Idaho Creek
Filing: 1
Location: Weld County 7Y2 south of Highway 119
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Pla_pned
Unit Development the following improvements. (Leave spaces blank where they do not apply.)
Estimated rt
Improvements Unit Cost Construction Cost 6 v
Site grading $ 162,293.00 ✓
Street grading $ 21,144.00 ✓
Street base •
13349 x$6.00/SY $ 80,094.00 ✓
Street paving 13349 x$7.20/SY $96,112.80
Curbs,gutters and culverts Included
Sidewalk $ 130,747.00 ✓
Storm sewer facilities $ 51,460.00
Sanitary sewers Mains $89,118.75
Laterals (house connected) $80,025.00
Water mains(Includes bore) $83,808.45
Fire hydrants 5 x$2,200.00/EA $11,000.00
Survey and street monuments and boxes 13 x$200.00/EA $2,600.00 �{
Street lighting 15 x$1,200.00/EA $18,000.00
Street name signs 7 X$100/FA $700.00
Pedestrian Crossing 1 $20,000 l„r
Ground Coverage (Rock and Edging) LS $9,274
Native Seeding $0.41/sf x 29442sf $12,071
Top Soil or Organic Matter at Seeded Area $18.50/cy x 545cy $10,083
Sod, Top Soil,Trees and Shrubs LS $30,774
Irrigation LS $23,708
Spilt Rail Fencing $12.00/If x 7521f $9,024
6'Privacy Fence $20.00/If x 13301f $26,600
SUB TOTAL: $159,534
Engineering and Supervision Costs: $57,572.25
(Testing,inspection,as-built plans and work In addition to preliminary and final plat;supervision of actual construction by
contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION$ 1,026,209
•
•
1111111 11111 1111111 I I 11111 1111111 HE I I 1111111 ION
3053780 04/18/2003 01:01P Weld County, CO
12 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT"B"
PHASE 2
ame of Subdivision
or Planned Unit Development: Idaho Creek
Filing: •
1
Location: Weld County 7'%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.)
improvements Time for Completion
Site grading 30 days
Street grading 10 days
Street base 10 days
Street paving 10 days
Sidewalk 20 days
Storm sewer facilities 15 days
Sanitary Sewer-Mains 30 days
Laterals(house connected) 25 days
Water mains(includes bore) 20 days
Fire hydrants •
20 days
Survey and street monuments and boxes 10 days
Street lighting 12 days
Street name signs 10 days
Fencing requirements 30 days
Landscaping 25 days
SUB-TOTAL: •
277 days
•
The bounty,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.
4446,74
By: •
Applicant Q 4
_ J
pll 11 '• „ ;l
res.( Ent- /gC� th�roe (OIOfbdO, zit / .9l
ijC- Djesi'de At- Finance, kp e(o1 r0 o mss**
Date: f\i-yr% 1 1 20 (I'3 .
.Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal).
•
I IIIIII 11111 1111111 III 11111 111111111111 III 111111 III 1111
3053780 04/18/2003 01:01P Weld County, CO
13 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
4w MEMORANDUM
WI TO: Board of County Commissioners
COLORADO DATE: March 12, 2003
FROM: Monica Mika, Director
SUBJECT: Acceptance of Improvements Agreement According to Policy
Regarding collateral for Improvements (Public Road
Maintenance), Acceptance of Improvements for Idaho
Creek, Filing II and Irrevocable Letter of Credit.
Idaho Creek Subdivision
Case Number S-554
Ken Lambrecht, Applicant
The Departments of Planning Services and Public Works have reviewed the Improvements
Agreements for Idaho Creek Subdivision.
Items covered under the Improvements Agreement According to Policy Regarding Collateral for
Improvements (Public Road Maintenance) include:
Transportation Related items $366,797.80
Non-Transportation Related items $601,838.95
Engineering and Supervision $57,572.25
Total Estimated Cost of Improvements and Supervision $1,026,209.00
Items covered under the Improvements for Idaho Creek Subdivision Filing II include:
Letter of credit issued to Weld County Planning Department for$1,026,209 by KB Homes.
The Department of Public Works and the Department of Planning Services, have determined
that the amount of the agreement will be sufficient to complete the work required for the Idaho
Creek Subdivision Phase II and future improvements. The Department of Planning Services
recommends acceptance of the Improvements Agreement According to Policy Regarding
Collateral for Improvements (Public Road Maintenance) Acceptance of Improvements and
Irrevocable Letter of Credit.
M03- 0663
SASSY
PL/3a1
KB
February 27, 2003
Monica Daniels-Mika
Weld County Planning Dept. Weld County Planning Department
1555 N. 17th Ave GREELEY OFFICE
Greeley, CO 80631
MAR_ 3 2003
RE: Idaho Creek Subdivision, Phases 1 &2
RECEIVED
Dear Monica,
KB Home Colorado Inc. has completed the improvements associated with the Idaho Creek
Subdivision, Phases 1 &2 with the minor exceptions of the street trees and sod located in Tract N
(Park) and Tracts D, E&F in Phase 2. These items will be installed as soon as weather and
irrigation water will allow.
KB Home is requesting Acceptance of Streets for Maintenance by the County in accordance with
Section 6.0 of the Improvements Agreement According to Policy Regarding Collateral for
Improvements.
KB Home is also requesting a reduction in collateral for the completed improvements in Phase 1
& Phase 2.
If you have any questions or comments, please feel free to contact me at (970) 567-3379.
Thank you.
Sincerely,
Ken Lambrecht, Development Manager
KB Home Colorado Inc.
(970) 567-3379
KB
HOME
KEN LAMBRECNT
DEVELOPMENT MANAGER
KB HOME COLORADO INC.
5975 S QUEBEC ST STE 300 CENTENNIAL, CO 80111
TEL 303 356 5558 FAX 720 488 3876
CELL 970 567 3379 RADIO 100+22+26436
k l am brec h t®kb home.com
KB HOME COLORADO INC. 8401 E. BELLEVIEW AVENUE SUITE 200 DENVER, CO 80237
TEL 303 220 6000 FAX 303 773 1930 KBHOME.COM
Weld County Planning Department
GREELEY OFFICE
MEMORANDUM FEB 0 6 2003
1111111ic RECEIVED
TO: Monica Daniels-Mika DATE: February 4, 2003
Planning Services Director
COLORADO FROM: Donald Carroll, Engineering Administrator '
SUBJECT: S-554, Idaho Creek, Phase II
Release of Collateral (public road maintenance)
On January 31, 2003, an inspection was completed for the transportation portion of Exhibit A,
Phase II. The following items have been verified as being complete:
A. Site grading
B. Street grading
C. Street base
D. Street paving
E. Curbs, gutters, and culverts
F. Sidewalks
G. Surveying and street monuments and boxes
H. Street name signs/stop signs
The pedestrian crossing has not been constructed.
WCR 7.5 south of Idaho Creek Parkway, Phase II, has been paved including curb, gutter, and
sidewalk. A type II barricade has been placed at the south end of the property blocking the
extension of WCR 7.5 to future development.
In the Improvements Agreement, Item Nos. 8.1.5 and 8.1.6 state that 15% collateral shall be
retained for a period of one year. At the end of one year and if there is no distress or repairs
needed to the asphalt, the 15% ($14,000) for the internal road system Phase II shall be
released. I am presently holding $25,000 for Phase I and $6,300 for WCR 7.5 off-site
improvements at this time.
I recommend release of the above items identified in Exhibit A, Phase II, as being completed.
All remaining items identified in Exhibit A, Phase II, should be complete prior to release.
All other non-transportation items shall be verified by Planning Services.
pc: S-554 file Phase I and Phase II
m:/planning/S-1.d oc
•
Bond No. 3S12723400
Premium: $2,566.00
DE'i'kLOPMENT BOND
KNOW ALL MEN BY 111.11O PRESENTS: that we KB HOME Colorado Inc.
"Developer" and Lumbermens Mutual Casualty Company
Principal, , a hereinafter corporation refeo to ns the
d
a organized
under the laws of the State of Illinois , as Surety, hereinafter referred to as "Surety",
are held and firmly bound unto the COUi'I'CY OF WELD, a municipal corporation, hereinafter referred
to at the "County" in the sum of One Million Twenty Six Thousand Two Hundred Nine Dollars
($ 1,026,209.00 ), to be paid to the County for which payment will and truly to be made, we bind
ourselves, our heirs, executors and admmniirttittors, successors and assigns, firmly by these presents.
WHEREAS, the Developer has iiuJjmitted to the County for its approval of the following
development project: Idaho Creek - Phase 2
WHEREAS, the County has app o',ed said development project and the Developer and the
County have executed an Improvetne ttdi Agreement according to policy on collateral dated
10/22/01 pertaining to the del rlepment project (the "Improvements Agreement") a copy of
which is by reference made a part hereof; rin4
WHEREAS, the County Code rec.iires that the Developer post a bond equal to the total cost to
construct the Developer's portion of the vidilic infrastructure (which, upon completion and acceptance
by the County shall become the property On the County). Which for the above described development
project shall be One Million Twenty Six Thousand Two Hundred Nine
Dollars ($ 1,026,209.00 ), with such Surety to be upon condition that the bond remain in full
force and effect until such time as the Cirmty releases such bond, which release shall occur upon (1)
Issuance to the Developer of a notice of.fi.nal acceptance stating that all of the public infrastructure
improvements have been completed in acc ciitiance with the approved plans for said development project
and the specifications and standard of the County; and (2) delivery to the County by the Developer of a
bond, cash or other securing deposit in a i ritn acceptable to the County to guarantee that the Developer
shall maintain and repair all of said publi:i infrastructure improvements in accordance with the County
Code.
NOW, THEREFORE, the conditim of this obligation is such that if the Developer shall truly and
faithfully perform to the satisfaction of the County its obligations in constructing, maintaining and
repairing the public infrastructure constnlr.'td in connection with the aforesaid development project in
accordance with the County Code (incluchig the Zoning and PUD Regulations, as applicable), and the
Development Agreement, then this obliga.l:;),p shall be void; otherwise to remain in full force and effect.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On February 11, 2003 before me, Joyce M. Herrin, Notary Public, personally
appeared Maria Pena, personally known to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that she executed
the same in her authorized capacity, and that by her signature on the instrument
the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
JOYGE M.HERRIN
r ��� l )144,et ��,�t.. COMM.N1323695NOTARY PU9UC CAIIFORNIP oyce M. Herrin
� � LOS ANGELES COBNTY
My Comm.Expires 0c �
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American
Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of
Illinois,having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do
hereby appoint
C. K. Nakamura , KD Conrad , Joyce Herrin , Tom Branigan , Edward C. Spector , Marina Tapia ,
Clarice Lee , Richard E. Bigley , Lisa L. Thornton , Maria Pena , E. S. Albrecht Jr. ,
Tracy Aston , Betty Walker and Brenda Wong of LOS ANGELES , CA (EACH)
their true and lawful agent(s) arid Attorney(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 their act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees 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.
This appointment may be revoked at any time by the Company.
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 their regularly elected officers at their principal office in Long Grove, Illinois.
This Power of Attorney Is executed by authority of resolutions adopted by the Executive Committees of the Boards
of Directors of the Company on February 23, 1988 at Chicago, Illinois, 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 Executive Committee of the Boards of Directors of the Company at a meetinglduly called
and held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, 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
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 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."
P1(09 75 (Ed. 09 01) Page 1 of 2 Printed In U.S.A.
In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be
affixed by their authorized officers, this July 29, 2002.
Attested and Certified: Lumbermens Mutual Casualty Company
American Motorists Insurance Company
American
Manufacturers Mutual Insurance Company
/Po% #00144446t;
0 1444
'. 00pIMLR S AXILUp01t +
M 0F,1L ItP0pp1TE
/
J iF' • ca
o K. Conway, Corpor Secretary Gary J. ly,?lor Vice Pre t
STATE OF ILLINOIS ss
COUNTY OF LAKE SS
I, Maria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John. K. Conway personally known to
me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the
Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American
Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of
Illinois, 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 seals and delivered the said instrument
as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and
purposes therein set forth.
"OFFICIAL SEAL° 'MwucK. . (�17?!/ti
MARIA L MAORI
NOTARY MC,SLATE OF ILLINOIS
µY COMMISSION EXPIRES 9(17/2003 Marla I. Omori, Notary Public
My commission expires 9-17-03
CERTIFICATION
1 J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists
Insurance Company, and the American Manufacturers Mutual Insurance Company, ;do hereby certify that the
attached Power of Attorney dated July 29, 2002 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 Gary J. Tully, who executed the Power of Attorney as
Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice
President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the
American Manufacturers Mutual insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens
Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company on this 11th day of February , 2003
MLI�
-9 YY MM G p1ap11pX
e'°° "" `°""051 Joh K. nway, Corporate retary
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.
Home Office: Long Grove, IL 60049
FK 09 75 (Ed. 09 01) Page 2 of 2 Printed in U.S.A.
Dated this 11th day of February , 2003 .
DEVELOPER: KB HOME Colorado Inc.
By[rCtC
Title: nennts 1Le1leh P,ersvckent
SURETY: Lumbermens Mutual Casualty Company
Printed Name
By:
Attorney-ia- act(attach Power of Attorney)
Maria Pena
he tocacrIn� Locc3 Ccekncwsee lecl QeS-ore me kin v.3 t2"' doy
oh Feo uc r , oo"3 4oy Uennnnl3 ki305ch CS Prcj cten, e 0C K3 tkvm e„
C'oloracd0 'ne ..
W ine 5 'l`3 hand v- official Seal
"�Cit6l lt.c ti. 40:c C
KATHLEEN A. SCHIEL
NOTARY PUBLIC
STATE OF COLORADO
I . pi S I ' 3' Y11.C
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