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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 By: (Name and Title) r4■ I IN O J W No J Q' Z O O LL ~ J Jv a LLJ z LL 1- } H O5WU Pw2W wa0~ Za. wam _ LL W w 0 H Q � W Q' J a fn a��U) LL 0 pWZ0 W W Z W H F-OZ W Qca :3 Q' fj W vi�aa W> W F- O LL00LL OCL U U O V a U m W Q W Z 2 Z > W a w C) Lu LL O O Q' � U) a Z W Q � W J m a U J_ a� az Q W aW U > JO CO a. Oaf Raa U H > to (/) W o �a 000000 000000 0 0 0 0 0 (A V 64 69 00 I- V)b 64� O O O O O O (0(00000 O O m Cl) O O 69 6i 69 69 0) 0) O O O O O O O O O O O O L000000 00 0 63 6s 0 0 co O LO O CA CO V L 69 69 64 64 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0( O 69 V (aN (D N r 64 69 LC) O O O N Cl) 00 0 V V . 2 2 J J U U W W a) N a U N _ � _ c (0 a O p fu N u (?. l) E 00 W C L c c cn O H U Q o $� o000000 00000 0 OO OOOC)O O It (D 64 64 61} CO63 64 ��64 W68 0 0 0 0 0 0 0 0 0 0(000OOOOOR 00 000002 69 69 (0 (0 O (0 m 69 6b3 6) EA fA 6) g O O O O O O O O O O O O O O O coo 00000d 0 vm Obv(fl63gM0 Lr- 6U),69 � f) N 63 64 69 I± -pp 0000000 C. 0 00 0 0 0 0 Cq M CV c) 0 CD 0 0 (0 0 r r r 0 69 69 69 O CCOO O �} Efl (A � 6691 69 C� O r O O O r pfi r COU (Q S 2 2 S= 2 2 LL_LL.LL000UUUU J J J W W W W W W W U) c ui d J p co: c W U •t (n f6 p g Z c U -d U c _ to U c 3 m aa) c 06 ��L�� o L .E i.i = > N N 0) +r c c > �LL>li 0000000 O O N O O O O O N Il- O O O LO 69 If) O 0 Cl 0 LO N Lr) V 613,69 64 _7 69 69 69 O O O O O O M CO 00 CO r r O O O O O O 69 64 63 69 64 69 Oo00000 (D 0 0 0 0 0 0 6666666 000000(» 000000r- 1- O CO 00 V U') 0 63 64 6s 63 Efl MdN'(M011OOO N (A V CO 00 r I� 69 64 V 69 69 69 64 64 CD0m0000 O V LO 0 0 V (0000000rr V r r } } LL LL LL LL LL U (n J J J (n (n Y 3 (a W cu (n c c -a c c (r Q w (u C o2S U C C L -OW-O a� @ W MOW cu m � m a 6aU0dQU F.; W m O H Q w w Z J J_ Z O HO wz (LQ a)z ZO m U OLL C7 � Z_ N �O U W LLJ Ci o' IX H U z W F- 2a W Q, > O LL w Z 2a W 0 �O a~ >W a~ z DCP PRECONSTRUCT11ON MEETING ATTENDANCE SHEET Contact name Company Name Address Phone Number 15- C.) IkA 6 �Tl N Si OP31 _lz 5, rc, UO d-bsLs- 3 77. Li o I \ )OeL lo-mi-Kipj s 77 -13e,3 -77o 15K 0 C> Cal e-6 &Ilk '7 �5 ------------ r-locf- I 7 � C LO A<IV 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/