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Home My WebLink About20012993.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) AND ACCEPT FORM OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, S #554, IDAHO CREEK, PHASE 1 - KB HOME OF COLORADO, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 7th day of March, 2001, at 10:00 a.m. for the purpose of hearing the application of Kent Carlson, P.O. Box 247, Eastlake, Colorado 80614, requesting a Site Specific Development Plan and Planned Unit Development Final Plan, S#554, for 351 Residential lots in the Mixed Use Development area, and WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and KB Home of Colorado, Inc., do Mark Kinsley, Vice President Land, with terms and conditions being as stated in said agreement, for Idaho Creek, Phase 1, a parcel of land located on the following described real estate, to wit: A part of NW1/4 NE1/4 of Section 10, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, as shown as on the final plat as Phase 1 of Planned Unit Development Final Plan, S#554, Idaho Creek, and WHEREAS, the Board has been presented with the form of a Development Bond, which has been reviewed and approved by the County Attorney's Office, said original bond to be presented to the Clerk to the Board's Office within five working days, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept the Form of Collateral as stated above, copies of which are attached hereto and incorporated herein by reference NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) Idaho Creek, Phase 1, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and KB Home of Colorado, Inc., do Mark Kinsley, Vice President Land, be, and hereby is, approved. 2001-2993 Kta PL1321 ' IMPROVEMENTS AGREEMENT- KB HOME OF COLORADO INC, CIO MARK KINSLEY, PAGE 2 BE IT FURTHER RESOLVED that the form of a Development Bond, which has been reviewed and approved by the County Attorney's Office, said original bond to be presented to the Clerk to the Board's Office within five working days, be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of October, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO NTY, COLORADO ATTEST: ,ate,/ I!n~� /p2-, LA M. J. Geile, Ch it Weld County to t B Clerk '1 e Glenn Va d BY: ti Deputy Clerk to ths,Boa • : h ,� EXCUSED Willi H. Jerke AP E F RM: cc:c\. ,y vi . Long VuntyAtt ney �� Robert D. den Date of signature: (D/a(o 2001-2993 PL1321 IMPROVEMENTS AGREEMENT ACCORDING TO 662 POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this a?nd day of Qcialu - ,200/ ,by and between the County of Weld, State of Colorado, actin thro gh its Board of County Commissioners, hereinafter called"County," and ca Qiln/2 Ci le-attd 0.4‘ ,hereinafter called"Applicant." WITNESSETH: WHEREAS, Applicant is the owner of, or has;a controlling interest in the following described property in the County of Weld,Colorado: • • A part of the NW1/4 NE1/4 of Section 10, Township 2 North, • Range 68 West of the 6th P.M. , Weld County, Colorado, as shown the final plat as Phase 1 of Planned Unit Development • Final Plan, S #554, Idaho Creek • WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as `- l+fi t. (-r e c/ has been submitted to the County for approval; and WF[FREAS,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 "A"and"B"of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto promise, covenant and agree as follows: 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 "A," which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of,but not be limited to, surveys, designs,plans and profiles,estimates,construction supervision,and the submission of necessary documents to the County. . 1.3 Applicant shall furnish drawings and cost estimates forroads within the Subdivision • or Planned Unit Development to the County for approval prior to the letting of any .construction contract. Before acceptance of the roads within the Subdivision or Planned Unit Development by the County, Applicant shall furnish one set of IIIIII VIII 1111111 IIII IIIIII IIII IIIIII III VIII IIII IIII 1 mcmcommmlbssmm s aimmic 2895662 10/29/2001 01:55P JA Suki Tsukamoto 2001-2993 1 of 27 R 0.00 D 0.00 Weld County CO 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"A,"which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit"B"also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located • in any adjacent county,the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were • developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction,the County shall have the right to test and. inspect, or to require testing and inspection of material and work, at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicants expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water, gas, electric and telephone - services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit"B." The Board of County Commissioners,at its option,may grant an extension ofthe time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indeaaiify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits,actions or claims of IIIIII (IIII IIIII'I IIII IIII'I IIII IIIIII 11 11 II'I DUI 2 M:CIISCrBR06MPeva SUlR6llC 2895662 10/29/2001 01:55P JA Suki Tsukamoto 2 of 27 R 0.00 D 0.00 Weld County CO 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- —10.17 ' agreement prior to recording the final plat when the subdivider,applicant,or owner . • Flo\ of 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 11'h 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 • 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 111111 IIIII 1111111 IIII 111111 III' 111111 III (IIII IIII IIII 3 MAC OCTRPO@MRated 01101 SNPU uc 2895662 10/29/2001 01:55P JA Suki Tsukamoto 3 of 27 R 0.00 D 0.00 Weld County CO 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 to 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 benefitthe prior subdivider, applicant,or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION(Third Edition, 1982)of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all Subdivisions, Resubdivisions, or Planned Unit Developments. A special transportation study , shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision,Resubdivision, or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement under the off-site improvements agreement,entered into between the subdivider and the County, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider,applicant,or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the 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"B,"but such use and operation shall not constitute an acceptance of said portions. 6.2 County may,at its option,issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B."and may continue to issue building permits so long as the progress 1111111 11111 1111111 IIII 111111 III1111111 III 11111 Ili/ IIII ae.x.do1roi 2895662 10/29/2001 01:55P JA Suki Tsukamoto 4 MACTBKTBRORMSAMUBLZC 4 of 27 R 0.00 D 0.00 Weld County CO • 1 of work on the Subdivision or Planned Unit Development I phase of the development are satisfactory to the County; i Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subd Development and the filing of a Statement of Substari applicant(s)may request in writing that the County Engineer recommend that the Board of County Commissioners acu cY 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 fmds 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(1)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 its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One- Hundred percent (100%) of the value of the improvements remaining 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. 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 1111111111111111111 III 111111 IIII 111111 III 111111111 IIII Revised NM 2895662 10/29/2001 01:55P JA Suki Tsukamoto M1cTB\CIBPORMSANsuc 5 of 27 R 0.00 0 0.00 Weld County CO property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. • 7.3 The applicant intends to develop in accordance with Exhibits "A" and"B." The costs of the improvements described in Exhibit"A"will be adjusted higher or lower for the year and quarter in which the contemplated work is being performed based on"The State Highway Bid Price Index"contained in the"Quarterly Cost Report" of The Engineering News-Record as published by The McGraw-Hill Companies. The applicant has provided 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 Imulovements 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"A"and"B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions,of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement(i.e., streets,sewers,water mains and landscaping, etc.). The • issuer of the Letter of Credit will sign the h.piovements Agreement acknowledging the agreement and its cost estimates. • 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%), or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event,the Letter of Credit shall remain in full force and effect until after the 1 111111 11111 HEE 1111 111111 1111 111111 111 11111 IIII 1111 Rotted 01101 M:rneraFoaa+sueueLIc 2895662 10/29/2001 01:55P JA Suki Tsukamoto 6 of 27 R 0.00 D 0.00 Weld County CO Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event 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 Real Estate Appraisers (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 (Mid.) • 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 Agreement that provides at least the following: • 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%),of the. amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow:agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the irupiovements as specified in the Improvements Agreement I II'lll IIII' II"III IIII IIII'I IIII IIIIII III I'lll IIII IIII Raised NMI nr.•CrIAcrsaoeMsurusuc 2895662 10/29/2001 01:55P JA Suki Tsukamoto 7 of 27 R 0.00 D 0.00 Weld County CO 8.5 A cash deposit made with.the County equivalent to One-Hundred percent(100%) of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the proj ect or aportion of the projecthas been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation(COOT)Schedule for minimum materials sampling, testing and inspections found in COT 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)mayrequestrelease of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent(15%)of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity,special district or utility company. 9.9 The warranty collateral shall 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 1111111111111111111 IIII 111111 IIII 111111 III 11111 rill till Revised ovoi 2895662 10/29/2001 01:55P JA Suki Tsukamoto MACTMCMPORMEMPTIBLIC 8 of 27 R 0.00 D 0.00 Weld County CO streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the Planned Unit Development plan, if any: • 10.1 The required acreage, as may be determined by relevant Sections of the Weld County Code,shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage,as determined by relevant Sections of the Weld County Code may be reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. • 10.3 In lieu of land,the 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 mmning 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: \ \fit .F�\_ 0 Pi\e- Ct\I < k° APPLICANT: Subscribed and sworn to before me this 4:girl day of UeeBzv ,20 D/ . ,OhltY PV p p c/ :Yip �/ My Commission expires + " • p di et , 6. J✓moo rot Notary Public ESTHER E. ( *Calsslasi Eyhu September I I,2005 • 1111111111111111111 1111 111111 1111 01111 111 1101111 lilt 2895662 10/29/2001 01:55P JA Suki Tsukamoto Revised 01101 9 of 27 R 0.00 D 0.00 Weld County CO MACTB\CTBEORMSSMVBUC BOARD OF COUNTY COMMISSIONERS WELD C , COLORADO • .1144 M. J. Geile, Ch 00/42/o0 Glenn Vaad, Chair Pro-Tern J I Y lIH ),, G( W'EXCUSED 'am H. Jerke I..r `c ,rl Wel• �Cdt / the Board "y " ' ic avi E.Lon BY: eputy Clerk to the Board Ebert D. Masden APPROVED AS TO FORM: , Cokinty ttomey • 1111 11111 111 11111 11111111 11111 111 1111111111111I II 1111 2810/29/2001 01:55P JA Suki moto D 0.00 Weld County C0C 10 of 27 R 0.00 Rnlwd WNl 10 MACr&CTSPORM AAPOBIS EXHIBIT"A" PHASE 1 Name of Subdivision or Planned Unit Development Idaho Creek Filing: 1 • Location: Weld County 7'A 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 Unit Cost Construction Cost Site grading $251,039.00 Street grading $ 36,236.00 Street base 23154 x$6.00/SY $138,924.00 Street paving 23154 x$720/SY $166,708.80 Curbs,gutters and culverts Included Sidewalk S 194,804.00. Storm sewer facilities • $175,562.50 Sanitary sewers-Mats $ 172,78125 Laterals(house connected) $106,425.00 Water mains(Includes bore) $149,416.08 Fire hydrants 10 x$2.,200.00/EA $22,000.00 Survey and street monuments and boxes 19 x$200.00/EA $3,800.00 Street lighting 21 X$1,200.00/EA $25,200.00 Street name signs 10 X$100/EA $1,000.00 Ground Coverage(Rock and Edging) LS $26,264 Native Seeding $0.41/sf x 124,286sf $50,957 Top Soil or Organic Matter at Seeded Area $18.50/cy x 2302cy $42,587 Top Soil or Organic Matter at Planters $18.50/cy x 63cy $1,166 Sad,Top Soil,Trees and Shrubs LS $124,778 Irrigation LS $83,087 Misc.Park Improvements(Concrete) LS $12,023 Crusher Fines,Trails $4.50hf x 1652If $7,434 6'Chain Link Fence $10.00/If x 70' $700 Split Rail Fencing $12.00/lf x 1838If $22,056 6'Privacy Fence $20.o0/1f x 2542If $50,840 Play Structure(Delivery and Installation) 1 $14,012 Fiber System Play Surface $10/sf x 1845sf $18,450 4'pipe for Drainage $8.00/If x 140If $1,120 Park Bench $850.00 x 2 $1,700 Picnic Shelter(Delivery and Installation) 1 $11,500 ADA Accessible Restroom 1 $20,824 Entry Monumentatlon and Lighting 1 $11,000 SUB-TOTAL: $1,944,395 Engineering and Supervision Costs: $57,572.25 (Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION$ 2,001.967• 1111111 Ill lit IIII111111 III 111111 III 111111IIIIII 11 of 271R2o 000 D 0.0055 mofo Weld County CO The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit"B". pH nt ,4l�/ C\W s\ iM, . Applicant • V Y \rtk.. Date: /0—a? Tiue (If corporation,to be signed by President and attested to by Secretary,together with corporate seal). • • 111111111111111111111111111111111111111MOH III till 2895662 10/29/2001 01:55P JA Suki Tsukamoto 12 of 27 R 0.00 D 0.00 Weld County Co tEXHIBIT"B" PHASE 1 Name of Subdivision or Planned Unit Development: Idaho Creek Filing: 1 Location: Weld County 7114 south of Highway 119 All improvements shell be completed within 2 years from the date of approval of the final plat Construction of the Improvements listed in Exhibit"AN shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading 30 days Street grading 20 days Street base 20 days Street paving 20 days Sidewalk 25 days Storm sewer facilities 55 days Sanitary sewers-Mains 60 days Laterals(house connected) 35 days Water mains(includes bore) 35 days Fire hydrants 35 days Survey and street monuments and boxes 15 days Street lighting 15 days Street name signs 10 days Fencing requirements 30 days Landscaping 25 days Park Improvements 90 days Road culvert Grass-lined swabs Telephone Gas Electric - Water transfer 520 days SUB-TOTAL: 1111111131111111IIII11 t Ili 1111E III INN It 2895662 10/2912001 01:55P JA Suki Tsukamoto .CO 13 of 27 R 0.00 D 0.00 Weld County .The County,at its option, and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: • Applicant `al _ Date: C4 J d2 ,20 01 Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal). • • • • 111111111111111111 IIII 111111 IIII 111111 III IIIIII III IIII 2895662 10/29/2001 01:55P JA Suki Tsukamoto 14 of 27 R 0.00 D 0.00 Weld County CO • EXHIBIT"A" PHASE 2 Name of Subdivision or Planned Unit Development: Idaho Creek Fling: 1 Location: Weld County 714 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 nti Cost Construction Cost Site grading • $162,293.00 Street grading $ 21,144.00 Street base 13349 x$6.00/SY $80,094.00 Street paving 13349 x$720/SY $96,112.80 Curbs,gutters and culverts included Sidewalk $130,747.00 Storm sewer facilities $51,480.00 Sanitary sewers Mains $89,118.75 Laterals(house connected) $80,025.00 Water mains(includes bore) $83,808.45 Fire hydrants 5x$2,200.00/EA $11,000.00 Survey end 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/EA $700.00 Pedestrian Crossing 1 $20,000 Ground Coverage(Rock and Edging) LS $9,274 Native Seeding $0.41/sf x 29442sf $12,071 Top Soli 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 Split Rail Fencing $12.OO/1 x 7521f $9,024 6'Privacy Fence $20.OOllf x 133011 $26,600 SUB-TOTAL: $159,534 Engineering and Supervision Costa: $57,57225 (Testing,inspection,as-built plans and work in addition to preliminary and final plat:supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION$ 1.026.209 IIIIII VIII IIIIIII IIII IIIIII I'll IIIIII III IIIIII III IIII 2895662 10/29/2001 01:55P JA Suki Tsukamoto 15 of 27 R 0.00 D 0.00 Weld County CO The above improvements shalt be constructed in accordance with all County requirements and speciflca'lions,and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in EAtibit"B". By: i�t\OAS p`. CA\1C Oi\off IIcant \ .� • r`DsAk. Date:_ eiCacv aZ ,20 O/ . Title (If corporation,to be signed by President and attested to by Secretary, together with corporate seal). • • • �\\IIII%\in IIII 111111 II\ ji\ 2895662 1012912001 01 16 of 27 R 0.00 0 0.00 weld County CO EXHIBIT"S" PHASE 2 • Name of Subdivision or Planned Unit Development: Idaho Creek Filing: 1 Location: Weld County 7%south of Highway 119 Ni 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(indudes 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 County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. By: Applicant t%, ��► ON v S \—&`tW\ Date: (9 c, 02 20 O1 . Title • (If corporatiaL to be signed by President and attested to by Secretary,together with corporate seal). 1111111 111 1111111III1111111 I I I 1111111 I I 1111111 I I 11111 2895662 10/29/2001 01:55P JA Suki Tsukamoto 17 of 27 R 0.00 D 0.00 Weld County CO EXHIBIT"A" PHASE 3 Name Of Subdivision or Planned Unit Development: Idaho Creek Filing: 1 Location: Weld County 7A 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 Unit Cost Construction Cost Site grading $189,965.00 Street grading $ 21,151.00 Street base 13283 x$6.00/SY $79,698.00 Street paving 13283 x$7.20/SY $95,637.60 Curbs,gutters and culverts Included Sidewalk $96,726.00 Sanitary sewers-Mains $ 101,122.50 Laterals(house connected) $ 103,125.00 Water mains(includes bore) $ 112,591.15 Fire hydrants 7 x$2,200.00/EA $15,400.00 Survey and street monuments and boxes 10 x$200.00/EA $2,000.00 Street lighting 14 x$1,200.00/EA $16,800.00 Street name signs 8 X$100/EA $800.00 Ground Coverage(Rock and Edging) LS $2,913 Native Seeding $0.41/sf x 261956sf $107,402 Top Soll or Organic Matter at Seeded Area $18.50/cy x 4851cy $89,744 Irrigation Pond;Seed,Top Soil/organics LS $25,977 Irrigation LS $65.489 Crusher Fines,Trails $4.50/If x 701f $315 Split Rail Fencing $12.00M x 94011 $11,280 6'Privacy Fence $20.00ff x 15181f $30,360 SUB TOTAL: $333,480 Engineering and Supervision Costs: $57,572.25 (Testing,inspection,as-bulk plans end work in addition to preliminary and final plat;supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION$1.226.068 1111 111 HEE 111111111411 11111 111 111111 III 1111 2895662 10/29/2001 01:55P JA Suki Tsukamoto 18 of 27 R 0.00 D 0.00 Weld County CO The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or Its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit"B". By: a.81 citt\44,44\sm Q A\,. Date: &CAL Li 022 ,20 O/ . Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal). • 1 11111 1111 1111111 IIII 1111 1111 11111 Ill 111111 III IIII 28 19 of 27 R 0.00 61200 0.ii Weld County Co�moto • EXHIBIT"B" PHASE 3 Name Of Subdivision or Planned Unit Development Idaho Creek Filing: 1 Location: Weld County 7',4 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 Tkne for Comoletion Site grading 30 days Street grading 10 days Street base 10 days Street paving 10 days Sidewalk 15 days Sanitary Sewer-Mains 30 days Laterals(house connected) 30 days Water mains (includes bore) 25 days Fire hydrants 25 days Survey and street monuments and boxes 5 days • Street lighting 12 days Street name signs 10 days Fencing requirements 30 days Landscaping 25 days SUB-TOTAL: 267 days The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. By: Anolicant --\Applicnt*‘CeN `r °" Date: SettL v ,20 O/ (If corporation,to be sired by President and attested to by Secretary,together with corporate seal). 11111 113 1111111III1111111III1111111111 111111 111111 2895662 10/29/2001 01:55P JA Suki Tsukamoto 20 of 27 R 0.00 D 0.00 Weld County CO EXHIBIT"A" OPEN CLASSROOM PARK Name of Subdivision or Planned Unit Development Idaho Creek Fling: 1 - Location: Weld County 7'34 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 Uni Construction Cost Parking Lot Base 1961sy x$6.00/sy $11,766 Parking Lot Paving 1961sy x$720/sy $14,119 Native Seeding $0.41 /sf x 385,414sf $158,020 Top Soil or Organic Matter at Seeded Area $18.50/cy x 7,137cy $132,035 Irrigation LS $8,809 Crusher Fines,Traits $4.50/If x 3,4571f $15,557 Signing 5 x$900 ea $4,500 Street Lighting 1 x$1,200.00 $1,200 SUB-TOTAL: $346,006 TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION$ 346,006 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent Said Improvements shell be completed according to the construction schedule set out In Exhibit'B". By. Ap ilcant »t \vsk App\ bl \ loa /; v Date: r c, ,2Z ,20 Q / . Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal). 111111 111 1111111III1111111III11111111111111111 111111 2895662 10/29/2001 01:55P JA Suki Tsukamoto 21 of 27 R 0.00 D 0.00 Weld County CO EXHIBIT"B" OPEN CLASSROOM PARK Name of Subdivision or Planned Unit Development Idaho Creek Filing: 1 Location: Weld County 7'/n 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 20 days Street lighting 2 days Street name signs 5 days Sign placement 2 days Landscaping 35 days Street Lighting 2 days SUB-TOTAL: • 66 days The County,at its option.and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant \V &t )\ Date: b(hzv 22. ,20 O/ . Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal). 11111111111111111 IIII 111111 III 'Ellin Jill 2895662 10/29/2001 01:55P JA Suki Tsukamoto 22 of 27 R 0.00 D 0.00 Weld County CO EXHIBIT"A" OFFSITE Name cif Subdivision or Planned Unit Development: Idaho Creak Filing: 1 ' Location: Weld County 734 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 Unit Cost Construction Cost Site grading $79,662.00 Street grading $24,306.00 Street base(Including 17 Gravel Shoulder) 5904 x$6.00/SY $35,424.00 Street paving(Inc. 12'Gravel Shoulder) 5904 x$7.20/SY $42,508.80 Curbs,gutters and culverts Included Sidewalk $39,497.00 Storm Sewer facilities $76,400.00 Water mains(Includes bore) $77,459.33 Fire hydrants 3 x$2,200.00/EA $ 6,600.00 Survey and street monuments and boxes 8 x$200.00/EA $ 1,800.00 Street name signs 6 X$100/EA $ 600.00 Traffic Signal 14%of$150,000 $21,000 Striping LS $10,000 SUB TOTAL: $415,057 Engineering and Supervision Costs: $57,572.25 (Testing,inspection,as-bui8 plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION$ 472.629 The above Improvements shall be constructed in accordance with all County requirements and specifications,and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said Improvements shall be completed according to the constnrction schedule set out In Exhibit"B". By: hcant � 1, 3, (\b`Sa O�v‘iWfc ‘,\\\\ h Ve $ 61/4\1$ . Date: d9( cu aa 20 O) . Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal). 1111111111111111111 I I I 1111111 I I I 1111111 III 1111111111111 2895662 10/29/2001 01:55P JA Sukl Tsukamoto 23 of 27 R 0.00 0 0.00 Weld County CO EXHIBIT"B" OFFS1TE Name of Subdivision or Planned Unit Development: Idaho Creek Filing: Location: Weld County 714 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 20 days Street grading 10 days Street base 5 days Street paving 5 days Sidewalk 5 days Storm sewer facilities 25 days Water mains (Includes bore) 20 days Fire hydrants 20 days • Survey and street monuments and boxes 5 days Street name suns 5 days SUB TOTAL: 155 days The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant p 0\0\b Wt \\I•1\)V- �SZ tk Date: cteh5iau o2a 20 n/ . Tide (If corporation,to be signed by President and attested to by Secretary,together with corporate seal). 1111111 VIII 1111111 1111 111111 IIII 111111 III 111111111 1111 2895662 10/29/2001 01:55P JA Suki Tsukamoto 24 of 27 R 0.00 D 0.00 Weld County CO EXHIBIT"A" OVERALL PROJECT Name of Subdivision or Planned Unit Development: Idaho Creek Filing: 1 Location: Weld County TA 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 Unit Cost Constriction Cost Site grading $882,959.00 Street grading $102,837.00 Street base 57651 x$6.00/SY $345,906.00 Street paving 57651 x$7.20/SY $415,082.00 Curbs,gutters and culverts Included Sidewalk $461,774.00 Storm sewer facilities $303,422.50 Mains $363,750.00 Laterals(house connected) $289,575.00 Water mains(includes bore) $423,275.00 Fire hydrants 25 x$2,200.00/EA $ 55,000.00 Survey and street monuments and boxes 50 x$200.00/EA $ 10,000.00 Street lighting 51 X$1,200/EA $61,200.00 Street name signs 31 X$100/EA $3100.00 SUB-TOTAL: $4,252,989 Engineering and Supervision Costs: $230,289.00 (Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) • 1111111 11111 IIIIIII IIII 111111 IIII III III 11111 1411 1111 2895662 10/29/2001 01:55P JA Suki Tsukamoto 25 of 27 R 0.00 D 0.00 Weld County CO EXHIBIT"A" OVERALL PROJECT Name of Subdivision or Planned Unit Development Idaho Creek fling: 1 Location: Weld County 7%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 VSS.2,3s Construction Cost Traffic Signal 14%of$150,000 $21,000 Pedestrian Crossing $20,000 Striping SH 119 and WCR 7.5 $10,000 Ground Coverage(Rock and Edging) LS $38,451 Native Seeding $0.41/sf x 601,098sf $328,450 Top Soil or Organic Matter at Seeded Area $18.50/cy x 14,835cy $27,448 Top Soil or Organic Matter at Planters $18.50/cy x 63cy $1,186 Sod,Top Soil,Trees and Shrubs LS $155,552 Irrigation LS $181,093 Misc.Park Improvements(Concrete) LS $12,023 Crusher Fines,Trails $4.50/1f x 17221f $7,749 6'Chain Link Fence $10.00/If x 701f $700 Split Rail Fencing $12.00/if x 3530If $42,360 6'Privacy Fence $20.0011f x 53901f $107,800 Play Structure(Delivery and Installation) 1 $14,012 Fiber System Play Surface $10.00/sf x 1845sf $18,450 4"pipe for Drainage $8.00/1f x 1401f $1,120 Park Bench(Delivery and Installation) $850 x 2 $1,700 Picnic Shelter(Delivery and Installation) 1 $11,500 Signing $900 x 5 $4,500 ADA Accessible Restroom 1 $20,824 Entry Monumentatlon andLighting 1 $11,000 SUB-TOTAL: $1,036,898 TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION$ 5289,887 The above improvements shall be constructed in accordance with all County requirements and specifications,and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said Improvements shall be completed according to the construction schedule set out in Exhibit"B". By: tatit v \ " & Date: gar-LA)-2-2- 20 O) Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal). 1111111 1111 it II Mitt 2895662 10/29/2001 26 of 27 R 0.00 0 0.00 Weld County CO EXHIBIT"B" OVERALL PROJECT Name 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 110 days Street grading 50 days Street base 45 days Street paving 45 days Sidewalk 65 days Storm sewer facilities 95 days Mains 120 days Laterals(house connected) 90 days Water mains(includes bore) 100 days Fire hydrants 100 days Survey and street monuments and boxes 35 days Street lighting 39 days Street name signs 35 days Fencing requirements 90 days Landscaping 100 days Park improvements 90 days SUB TOTAL: 1209 days The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met a . ti\\X- L Apppll Qt \^ v ` ` _aAX Date: 4G624¢n i.:22 ,20 O1 Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal). 1111111 III 1111111i M11111111 IIll!I III 1111111 HIM 2895662 10/29/2001 01:55P JA Suki Tsukamoto 27 of 27 R 0.00 0 0.00 Weld County CO KB October 15,2001 Monica Mica-Daniels Weld County Planing&Building Inspection 1555 North 17th Avenue Greeley,Colorado 80631 Re: Resolution Compliance for Idaho Creek and SIA submittal Dear Monica: Listed upon the following pages are the conditions to approval per Resolution approved on 71°day of March 2001. For ease of review,written in Italics are KBHOME's responses to the conditions indicating where the compliance information could be found or whether the condition had been fulfilled through previous submittals. Hopefully,this organization method aids the County in review,as well as the applicant,KBHOME,for fruitful dialogue to gain the Board's acceptance of the Plat and SIA. KBHOME believes that the conditions have been satisfied. However,if you or the Board should disagree,KBHOME hopes the Weld County Board would allow the Final Plat and SIA to proceed through the public hearing for acceptance with the Board's signature upon the fmal plat conditioned upon KBHOME complying with any outstanding conditions/issues,if any. Once again,KBHOME is seeking to be upon Commission's agenda as soon as possible and wants to fully cooperate to gain their approvals. If you should have any questions,please contact Bob Caravona directly at(303)356-9571 or(303)220-6047. Sincerely, y Bob Caravona Project Manager,Forward Planning KB HOME COLORADO, INC. 8401 EAST BELLEVIEW AVENUE, SUITE 200 DENVER, CO 80237 TEL 303 220 6000 FAX 303 773 1930 KBHOME.COM (4ti MEMORANDUM wimp 0 • To: Board of County Commissioners O er 18, 2001 From: Monica Daniels-Mika, Planning Director COLORADO Subject: Acceptance of Improvement Agreement and collateral acceptance for Phase One of Idaho Creek PUD The Department of Public Works, Attorney's Office and Department of Planning Services have reviewed the attached agreement and are recommending acceptance of the Improvements Agreement and proposed collateral. Collateral will be extended in the amount of $2,001,967. The collateral will be in the form of a bond. Staff is recommending that acceptance of this agreement be conditional upon receipt of this collateral within five working days of acceptance of the agreement by this Board. The development of this subdivision entails several additional improvement agreements to be presented to the Board of County Commissioners at a later date. The proposed agreement is only for the first phase of the development, referenced as Exhibit A, Phase One. collidaho SERVICE,TEAMWORK,INTEGRITY,QUALITY MEMORANDUM TO: Monica Daniels-Mika DATE: October 16, 2001 Director of Planning Services FROM: Donald Carroll, Engineering Administrator -- COLORADO SUBJECT: Idaho Creek (S-554) Improvements Agreement Manhard Consultants have supplied the four additional items I requested in my memo dated October 5, 2001. This completes the transportation requirements on Exhibit A of the Improvements Agreement for Idaho Creek Subdivision. All additional items have been verified for quantity and unit cost. The Weld County Public Works Department recommends acceptance of the transportation portion of the exhibits of the Idaho Creek project. pc: S-554 file Weld County Planning Dept. .l 7 L0U1 RECEIVED M:\WPFILES\DON-C\idahocreek.wpd • • • KB MARK KINSLEY ,J - - - VICE PRESIDENT LAND _-- -"-'- NB HOME COLORADO INC. i.�/� /� 8401 E BELLEVIEW AVE STE 200 DENVER, CO 80237 /w TEL 303 BLEU 903 X1811773 1930 3423 mkinsleyMkbhome.c 944 om Bond No. 26 68 23 Premium: $3,503.00 DEVELOPMENT BOND KNOW ALL MEN BY THESE PRESENTS: that we KB HOME Colorado Inc. , as Principal, hereinafter referred to as the "Developer" and American Home Assurance Company a corporation organized under the laws of the State of New York , as Surety, hereinafter referred to as "Surety", y„ are held and firmly bound unto the COUNTY OF WELD, a municipal corporation, hereinafter referred to at the "County" in the sum of Two Million One Thousand Nine Hundred Sixty Seven and no/000 Dollars ($7,nni 967 on ), to be paid to the County for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, firmly by these presents. WHEREAS, the Developer has submitted to the County for its approval of the following development project: Idaho Creek Phase 1 On-Site & Off-Site Improvements WHEREAS, the County has approved said development project and the Developer and the County have executed an Improvements Agreement according to policy on collateral dated 10/22/01 pertaining to the development project (the "Improvements Agreement") a copy of which is by reference made apart hereof; and WHEREAS, the County Code requires that the Developer post a bond equal to the total cost to construct the Developer's portion of the public infrastructure (which, upon completion and acceptance by the County shall become the property of the County). Which for the above described development project shall be Two Million One Thousand Nine Hundred Sixty Seven and no/COO Dollars ($2,001,967,CO ), with such Surety to be upon condition that the bond remain in full force and effect until such time as the County releases such bond, which release shall occur upon (1) Issuance to the Developer of a notice of final acceptance stating that all of the public infrastructure improvements have been completed in accordance 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 form acceptable to the County to guarantee that the Developer shall maintain and repair all of said public infrastructure improvements in accordance with the County Code. NOW, THEREFORE, the condition 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 constructed in connection with the aforesaid development project in accordance with the County Code (including the Zoning and PUD Regulations, as applicable), and the Development Agreement, then this obligation shall be void; otherwise to remain in full force and effect. Dated this 24th day of October , 2001 DEVELOPER: KB HOME Colorado Inc. e ame . B . Title: PS GQE SURETY: American Home Assurance Company Printed Name cm B \ T,F AttarTeq='n-Fact (attach Power of Attorney) Maria Pena CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 24, 2001 before me, Joyce M. Herrin, Notary Public, personally appeared Maria Pena personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 5. JOYCE M.HERRIN ;� • `' COMM.#1323695 = En >�.,,, / J ce M. Herrin cE :. O=-i" NOTARY PUBLIC-CALIFORNIA N ✓ I P i LOS ANGELES COUNTY My Comm.Expires Oct.4.2005 I� American Home Assurance Company POWER OF ATTORNEY ' National Union Fire Insurance Company of Pittsburgh,Pa. Principal Bond Office: 70 Pine Street,New York,N.Y. 10270 No.05-B-01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Tracy Aston,Peter Arkley,C. K.Nakamura,E.S. Albrecht,Jr.,Lisa L.Thornton, William A. Sadler, Dennis T. Menard III, Maria Pena,Betty Walker,Tom Branigan, Marina Tapia,Clarke Lee: of Los Angeles,California--- its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.have each executed these presents �R FIRF ��` '•sq this 17th day of Se tember,2001. Michael C. Fay,Vic President r STATE OF NEW YORK } COUNTY OF NEW YORK }ss. ittin On this 17th day of September, 2001 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, DOROTHY L.PARKER and acknowledged that he executed the foregoing instrument and Notary Public.State of New York No.01PA6060691 affixed the seals of said corporations thereto by authority of his Co Qualified Expires June County officCERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "RESOLVED,that the Chairman of the Board,the President.or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." 1. Elizabeth M.Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 74th day of October ,2DQ1. [iRf,Ns o Elizabeth M.Tuck, Secretary 65166(4/96) `� Hello