HomeMy WebLinkAboutBANK ONE AT HARMONY MARKET PUD REPLAT - Filed DCP-DEV. CONSTRUCTION PERMIT - 2003-05-27City of Fort Collins
Transportation Services
Engineering Department
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: _�,- - C� ;l Issuance Date: .t r"
Project Name: _ Bank One at Harmony Market
Project A.K.A.:
Project Location: SWC Harmony Road & Boardwalk Drive
Permittee: W4
City and developer contacts: See attached Exhibit "A" for names and phone numbers of all
contact persons for this project.
Fees: Permit Application Fee (paid at the time of application) $ 300.00 (paid)
Construction Inspection Fee (paid prior to issuance of this permit) $ 4,514.20 (paid)
Total $ 4,814.20 (paid)
Development Bond or other approved security:
Amount of security deposited with the City to guarantee the completion of all public
improvements to be constructed as shown on the approved plans for the development.
$ 181,785.00
Form of security deposited with the City: _ Letter of Credit
PERFORMANCE REQUIREMENTS OF THIS PERMIT:
1. The Permittee shall be responsible to require their Project F,ngineer to incorporate into all design
drawings and specifications the certification of all materials testing by an Engineer. The Permittee
shall have an Engineer prepare revised design drawings and secure City approval for all revisions to
the Utility Plans and related documents. The Permittee shall have an Engineer represent, as required
by the City in the Development Agreement, that the improvements are constructed in conformance
with the approved Utility Plans and the standards and specifications of the City. The Permittee shall
provide "as -constructed" plans prepared by an Engineer prior to the City's acceptance of the
constructed public improvements. (All references above to the terms "Project Engineer" and
"Engineer" shall mean a Professional Engineer iicensed in (_ Iolorado. )
2. All :: ,i-o-actors who perform work on this p--oject must be bonded and licensed in conformance
with City requirements.
th College A'.'cnuc • PO Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6607- • FAX (970) 221-6378
www.fcgo%,.com
BANKONE.
January 17, 2003
City of Fort Collins
300 LaPorte Avenue
Fort Collins, Colorado 80521
Dear Sirs:
Bank One N.A.
Global Trade Services
One Bank One Plaza
Mail Code IL1-0236
Chicago, IL 60670
Tel: 1-(800) 634-1969 Fax: (312) 954-5986
SWIFT: NBDDUS33
Telex: ITT4320060
We hereby establish, at the request and for the account of Bank One, NA in your favor as
beneficiary, our Irrevocable Letter of Credit No. 00330504, in the amount of One Hundred
Eighty Seven Thousand Seven Hundred Eighty Five Dollars ($187,785.00) (as more fully
described below), effective immediately and expiring at the close of banking business on
January 14, 2004, at our office at 300 South Riverside Plaza, 71h Floor South, Mail Code IL1-
0236, Chicago, Illinois 60606-0236, Attn: Standby Letter of Credit Unit.
This Letter of Credit is intended for the funding required for the
Harmonv and Boardwalk Bank One New Build Development Project ("Development
Project") for the assurance of the completion of the construction and the maintenance and
repair of the public infrastructure in connection with the aforesaid development project and its
associated development agreement and development construction permit. Funds under this
Letter of Credit are available to you for one or more drawings prior to the close of business on
January 14, 2004, against sight drafts in an aggregate cumulative amount not to exceed
S187,785.00, dated the date of presentment, drawn on our office referred to above, referring
thereon to the number of this Letter of Credit and accompanied by your written certificate
signed by you and acknowledged as therein provided in the form of Exhibit 1 hereto.
Presentation of such draft and certificate shall be made at our office referred to above.
Upon the earlier of (i) our honoring your draft(s) totaling $187,785.00 in the aggregate
presented on or before this Letter of Credit expires pursuant to the terms herein or (ii) the
surrender to us by you of this Letter of Credit for cancellation or (iii) January 14, 2004 or any
automatically extended expiration date (as herein provided), this Letter of Credit shall
automatically terminate.
coc`` ' ,N,
It is understood that the amount of this Letter of Credit may be reduced as public
improvements are constructed and accepted by the City. As components of the infrastructure
are satisfactorily completed in accordance with approved utility plans, the value of the
completed components may be established from the Development Construction Permit
worksheet for determining costs of infrastructure construction and inspection fees, whereupon
the amount of this letter of credit may be reduced by the value of the completed component(s),
upon execution of a "Request for Amendment to Letter of Credit" in the form attached hereto
as Exhibit 2 .
This Ietter of credit shall be subject to the Uniform Commercial Code as in effect in the State
of Colorado, and, to the extent not inconsistent with the terms of this Letter of Credit and the
Uniform Commercial Code, the Uniform Customs and Practice for Documentary Credits,
1993 revision, ICC publication number 500.
This Letter of Credit will be automatically extended without amendments for one year from the
present, and each future, expiration date thereof, unless Issuer delivers written notice at least
sixty (60) days prior to any such expiration date to the City of Fort Collins of its intent not to
renew this Letter of Credit. Any such notice shall be in writing and shall be delivered with an
acknowledged receipt, either in hand or by certified mail. Any amendments to this Letter of
Credit shall be made in the form of Exhibit 2 hereto.
The City may at any time request that the Bank amend this Letter of Credit by submitting to
the Bank a fully executed certificate in the form of Exhibit 2. The Bank may thereafter
promptly issue an amendment to the Letter of Credit corresponding to the change or changes
requested in such certificate.
This Letter of Credit is not transferable.
This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any
way be modified, amended, amplified or limited by reference to any document, instrument or
agreement referred to herein, except only the certificate and draft(s) referred to herein; and
any such reference shall not be deemed to incorporate herein by reference any document,
instrument or agreement except for such certificate and draft(s).
Sincerely,
Bank One, NA
Preparer/Authorized Signer
Authorized Signer
EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain
Irrevocable Letter of Credit No. dated January 14, 2003, established in favor of the
City of Fort Collins, Colorado (the "Letter of Credit"):
(a) He (She) is authorized to execute this Certificate of behalf of the City of Fort
Collins;
(b) The applicant/developer is in default under the terms of the development
agreement and/or the development construction permit.
(c) The sum of $0.00, which is the amount of the draft presented with this
Certificate, is the amount currently due to the City of Fort Collins from Bank One, NA;
(d) The amount of the accompanying draft together with all previous draws under
the Letter of Credit do not exceed in the aggregate $0.00; and
(e) The Letter of Credit has not expired.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of behalf of
the City of Fort Collins this day of ,
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
[Title]
EXHIBIT 2
Request for Amendment or Release of Letter of Credit #
The City of Fort Collins certifies that the person signing below is authorized to execute
this Request for Amendment or Release of Letter of Credit on behalf of the City of Fort
Collins, and further certifies with respect to the provisions contained in the
Development Construction Permit dated January 14, 2003, and/or the Development
Agreement dated January 14, 2003, between the City of
Fort Collins (Beneficiary) and Bank One, NA (Developer),
the following:
[Check applicable boxes.]
O The Letter of Credit is to be reduced to $
O The expiration date of the Letter of Credit is revised to be
O The 60-day automatic one year renewal provision contained in the Letter
of Credit is no longer in effect.
O Release Original Letter of Credit upon receipt of separate replacement
Maintenance Letter of Credit in the amount of
(current value).
O Release Letter of Credit.
In witness whereof, the undersigned has executed this certificate on behalf of the City
of Fort Collins this day of ,
CITY OF FORT COLLINS,
COLORADO
A Colorado municipal corporation
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DCP PRECONSTRUCT11ON MEETING ATTENDANCE SHEET
Contact name
Company Name
Address
Phone Number
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Development Construction Permit, Page 2/5
3. Construction time restrictions: No work shall be allowed within CDOT right-of-way until all
necessary pprovals from CDOT are obtained.
4. The applicant understands that additional permits maybe required for this development project
and the applicant shall secure those permits directly from the issuing departments.
5. This permit, along with a complete set of all approved plans and documents for this project
(utility plans, site plan, landscape plan, development agreement, soils report, pavement design, traffic
study, drainage report, plat easements and any other official documents), shall be kept on the
development site available for use by City staff doing inspections.
6. Permit Expiration (in accordance with Section 29-12 of the Transitional Land Use Regulations or
Section 2.6.3(K) of the Land Use Code, whichever is applicable):
a. If construction has not begun within sixty (60) days from the date of issuance of this
permit, this permit shall expire and the applicant will forfeit the permit fee paid for this
permit, whereupon the applicant must re -apply for a new permit.
b. In addition, this permit shall expire one year from the date of issuance. The applicant
may apply for an extension by reapplication at least two weeks prior to the expiration date.
Such application shall contain information sufficient to justify the granting of the extension.
An extension may be granted for up to six months.
7. Building permits and certificates of occupancy will only be issued when all conditions contained
in the Development Agreement and Sections 3.3.2(C) and (D) of the Land Use Code or Sections 29-
678 and 29-679 of the Transitional Land Use Regulations, whichever is applicable, are met. If the
Development Agreement does not specify times for completion of public improvements, or if there is
no Development Agreement, then the improvement requirements specified in Section 24-95 of the
City Code shall apply, which provides that construction of all improvements shall be required prior
to the time of issuance of the first building permit.
8. Acceptance by the City of the public improvements shall be after (1) final inspection has been
conducted by the City; (2) punch list items from the final inspection are completed and accepted by
the City; and (3) required certifications from the licensed professional engineer that improvements
are completed to City standards, specifications and approved Utility Plans; and the "as -constructed"
plans have been received and accepted by the City.
9. The warranty on street improvements is for five (5) years from the date of acceptance by the City
of the completed improvements, in accordance with Sections 29-13 and 29-14 of the Transitional
Land Use Regulations and/or Sections 2.2.3(C)(3)(g), 3.3.1(C)(2), and 3.3.2(C) of the Land Use
Code, as applicable.
Development Construction Permit, Page 3/5
10. The City Erosion Control Inspector must be notified at least twenty-four (24) hours prior to any
planned construction on this project. All required perimeter silt fencing and other erosion/sediment
control best management practices (BMP's) that can be installed prior to construction must be in
place and inspected by the City Erosion Control Inspector before any land disturbing activity begins.
11. No work (including grading) shall be started in State Highway right-of-way until a permit is
issued by the Colorado Department of Transportation to allow such work to begin.
12. Other conditions:
Permittee's acknowledgment signature:
By signing this permit I acknowledges that I am acting with the knowledge, consent, and authority of
the owners of the property (including all owners having legal or equitable interest in the real property, as
defined in Section 1-2 of the City Code, and including common areas legally connected to or associated
with the property which is the subject of this application) without whose consent and authority the
requested action could not lawfully be accomplished. Pursuant to said authority, I hereby permit City
officials to enter upon the property for purposes of inspection and, if necessary, to enter upon such
property to perform work required of the applicant if the applicant were to fail to perform the required
work. I also acknowledge that I have read this permit document with all its requirements and
conditions, and I agree to all of the terms and conditions so stated in this permit.
Applicant/Project Manager' s Signatur • ' ---f Date:
Approval for issuance:
City Engineer Approval: b/I (- 0("-L Date: (Per it Issuance Date)
Development Construction Permit, Page 4/5
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Name, address and numbers
Project Name:
Project A.K:.A.: Bank One at Harmony Market
City Staff Contact Persons:
Development Engineer:
Construction Inspector:
Marc Virata / City of Fort Collins, 281 North
College Avenue, Fort Collins, CO 80524
970 221-6605 x7188
Rhonda Henson / City of Fort Collins, 281 North
College Avenue, Fort Collins, CO 80524
970 217-4089
Current Planner: Ted Shepard / City of Fort Collins, 281 North
College Avenue, Fort Collins, CO 8052
970 221-6750 x6343
Water Utilities Engineer: Roger Buffington / City of Fort Collins, 700 Wood
Street, Fort Collins, CO 80521
970 221-6854
Erosion Control Inspector: Bob Zakely / City of Fort Collins, 700 Wood
Street, Fort Collins, CO 80521
970 221-6063
Natural Resources: Doug Moore / City of Fort Collins, 281 North
College Avenue, Fort Collins, CO 80522
970 224-6143
Traffic Operations: Eric Bracke / City of Fort Collins, 625 Linden
Street, Fort Collins, CO 80524
970 224-6062
Street closures: Syl Mireles / City of Fort Collins, 625 Linden
Street,
Development Construction Permit, Page 515
Fort Collins, CO 80524
970 221-6815
Transportation Planning: Mark Jackson / City of Fort Collins, 215 N Mason
Street, Fort Collins, CO 80524
970 416-2029
Forestry: Tim Buchanan / City of Fort Collins, 281 North
College Avenue, Fort Collins, CO 80522
Light and Power: Doug Martine / City of Fort Collins, 700 Wood
Street, Fort Collins, CO 80521
970 224-6154
Developer' Contact Persons:
Developer/ Jim Ransco
Owner: Bank One, NA / 201 North Central Avenue, 1 Otn
Floor / Phoenix, AZ 85004
602 363-2377
Architect/Planner: Joyce Jilek
CLC Associates / 8480 E. Orchard Rd. / Suite 2000
Englewood, CO 80111
Office: 303 770-5600
Fax: 303 770-2349
Project Engineer: Joel Tompkins, P.E.
CLC Associates / 8480 E. Orchard Rd. / Suite 2000
Englewood, CO 80111
Office: 303 770-5600
Fax: 303 770-2349
General Contractor:
Edward "Skip" Wahburn
Greystar Construction West, LLC
1899 Wynkoop St., Suite 950
Denver, CO 80202
Office: 303 308-9000
Fax: 303 308-9072
Cell: 303 994-3377
JAN-07-2003 TUE 10:49 AM FAX NO, P. 04/07
Tndividual Name:
Company i`�ame
Address:
Phone number(s):
Office:
Cellphone: _
Fax number:
Email:
Project Engineer (A Colorado licensed professional engineer who is the civil engineer, the person,
responsible for the design of this project, responsible for certification that improvements are constructed
in accordance with approved plans, responsible for making revisions to plans with City approval and for
providing as -constructed plans): �.
Individual Name:�_
Company Name C
Address:t'17C-2 r'C ,�-1���l�1l/2`� �' lJ��`l
Phone nurnber(s)'
OFficc:
Cellphone:
Faix numbc,r:"✓
Email:
Professional License Number:
Architect/Planner (Tbe person responsibl .1 the site design of this project)
Individual Name:/�-X"
Company Name
Address: A'Vf � C��Ld'�f►�r_c� ._� � le.l dam' �C j/1L�1.�1L� E�'2.� �/. �.���'
Phone number(s):..,
Office:
Cellphone:
r
Fax number.�1�'
Developer (The party or parties referenced in the Development Agreement who are responsible for the
Developer's obligations contained in the Agreement -add addi(ional names below):
Individual Name:
Company Name-
Addruss:
Phone number(s):
Office:
Cellphone:Fax rumba:
Frralil:
General Contractor (The contractor in overall charge of the public infrastructure construction):
JAN-07-2003 TUE 10:49 AM FAX NO. P. 05/07
Individual Namc: /171/l ���<<�i•�`
Company Name
Address:
Phone nuniber(s).
Office:
CellphoTle: M c-
-r_
Fax number: .��--
Email:
eT �•1
If you have no C:eneral Contractor, list all other contractors below.
Grading contractor:
Individual Name,
Company Name
Addrecc:
Phone number(s):
Office:
Cellphonc:
Fax number:
Email:
Utility contractor:
Individual Name:
Company Name :
Address:
Phonc nuraber(s):
Office: _
Cellphone:,
Fax number:
Email:
Concrete contractor for flat work
Individual Name:
Company Name:
Address:
Phone nurnher(s):
Orrice:
Cellphone:
Fax number:
Email:
Concrete contractor for structures:
Individual Namc:
C:ornpany Name
Address:
Phone nuinber(s):
Office:
Cellphone:
Fax number:
Email:
Paving contractor:
JAN-07-2003 TUE 10:49 AM FAX N0, P, 06/07
Paving contractor:
Individual Name- _
Company ]fume :
Address:
Phone number(s):
Of ficc:
Cellphone•
Fax number:
Ismail:
Landscape contractor:
Individual Name:
Company ][Name : —
Address:
Phone number(s):
Office:
Cellphone:
Fax number:
Email:
Other contractors and parties involved in the project:
SITHMIT THE FOLLOWING ITEMS (Required for all projects):
• 81/2"x I copy of the Site Plan
• Proposed Project Schedule
• Project quantities and cost estimate for all of the public improvements to be constructed. In
addition, include all private improvements, that are required to be inspected by the City
Construction Inspectors. `Phis information must be submitted in the format shown on The
uttached form titled "Project Quantities and Cost Estimate Shect."
ADDITIONAL SUBMITTALS (Required if checked):
❑ Traffic: control plan(s) for the project
Q Proposed haul routes shown on a City map
❑ Shop drawings
U Other
CONSTRUCTION C001WINATION MEETING; A construction coordination meeting to discuss
plans and special requirements for your project, is required for all development projects. The pcoplc
required to attend the meeting are the Project Manager, Project Engineer, Developer, Architect/Land
Planner and General Contractor (if no General Contractor, rerrescntatives for each of the contractors
expected to work on this project)
JAN-07-2003 TUE 10:50 AM FAX NO, P. 07/07
People to Attend: List the peoples names and titles for those who will attend the pre. -
construction meeting -
Name
T'd
ESTIMATED COST OF INFRASTRUCTURE IMPROVEMENTS: Provide the estimated value of
all public infrastructure improvements that will be constructed and accepted by the City to own and
maintain. In addit.on provide the value of all private infrastructure improvements that the City will
inspect and require certification for. The estimate shall be in the same format as the attached sheet titled
"Project Qu-intitics and Cost Estimate Sheet."
Public infrastructure, estimated cost: S
Private infrastructure, estimated cost:$
I certify that the information on this permit application along with the required additional submittals are
true and correct to the best of my knowledge, and that in filing this application I am acting with the
knowledge, conscr.t, and authority of the owners of the property (including all owners having legal or
equitable interest in the real property, as defined in Section 1-2 of the City Code; and including common
areas legally connected to or associated with the property which is the subject of this application) without
whose consent and authority the requested action could not lawfully be accomplished. Pursuant to said
authority, I hereby permit City officials to enter upon the property for purposes of inspection and, if
necessary, to enter upon such property to perform work required of the applicant if the applicant were to
fail to perform the require wor .
Applicant Signatt!j Date: 7/