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HomeMy WebLinkAboutHEARTHFIRE PUD SECOND - Filed DCP-DEV. CONSTRUCTION PERMIT - 2004-07-20City of Fort Collins Transportation Services Engineering Department City of Fort Collins, Colorado DEVELOPMENT CONSTRUCTION PERMIT l/ Permit Number: O ', - � - ` Issuance Date: 't 7 O Project Name: Hearthfire PUD. Second Filing (Phase 1) Project A.K.A.: Project Location: East of North CR13 and South of Douglas Road lust west of Hearthfire PUD I� Film Permittee: Dean Kunz. Kunz Construction Co., 303-423-9700 City and developer contacts: See attached Exhibit `A' for names and phone numbers of all contact persons for this project. Fees: Permit Application Fee ($300.00) $ 300.00 Construction Inspection Fee (paid prior to issuance of this permit) $ 13.400.30 'Total S 13,700.30 Development Bond or other approved security: Amount of security deposited with tne. City to guarantee the completion of all public improvements to be constructed as shown on the approved plans for the development. $ 399,184.42 Form of security deposited with the City PERFORMANCE REQUIREMENTS OF THIS PERMIT: I . 'I he Permittee shall be responsible to require their Proiect Engineer 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 ofthe City. The Permittee shall provide "as -constructed' plans prepared by an Engineer prior to the Cily's acceptance of the constructed public improvements. (All references above to the terms "Project Frigincer" and "Engineer" shall mean a Prnfessional Engineer licensed in Colorado.) 2 All contractors who perform work on this project must he bonded and licensed in conformance with City requirement,. -+1 ^ . �1 CI�� A�cnuc • 1'O Bo1580 • Fort Collins, CO80522-0580 • (970)221-6605 • FAX (970) 221-6378 www cgov.com Colorado Community Bank of Loveland 1050 Eagle Drive November 20, 2003 Loveland, CO 80537 (970) 278-0040 City of Fort Collins, Engineering Department 281 North College Ave Fort Collins, CO 80521 Dear Sirs: We hereby establish. at the request and for the account of Hearthfire, Inc, in your favor as beneficiary, our Irrevocable Letter of Credit No. 011, in the amount of three hundred ninety nine thousand, one hundred eighty four dollars and forty two cents ($399,184.42) (as more fully described below), effective immediately and expiring at the close of business on November 22, 2004, at our office located at 1050 Eagle Drive, Loveland, CO 80537, This Letter of Credit is intended for the funding required for the Hearthfire 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 November 22, 2004, against sight drafts in an aggregate cumulative amount not to exceed S399,184.42, dated the date of presentment, drawn on our office referred 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 S399,184.42 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, this Letter of Credit shall automatically terminate. 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 0the Development Construction Permit worksheet `,or determining costs of infrastructure construction and nspection 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 ettached hereto as Exhibit 2. This Letter of Credit shall be subject to the Uniform Commercial Code as in effect in the State of ;oloraoo, and, to the extent not inconsistent with the terms of this Letter of Credit and the Uniform c'�ommercial 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 exoiration 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. Anv 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 changed 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). Sincer ly, i Harry M. Morgan LI Executive Vice Presicent Colorado Community Bank of Loveland Colorado Community Bank of Loveland 1050 Eagle Drive Loveland, CO 80537 (970)278-0040 EXHIBIT 1 CERTIFICATE The Citv of Fort Collins hereby certifies as follows with respect to the certain irrevocable LcttcrofCreditNO. _dated_ — established in favor oftheCity _ of Port 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 developnicnt construction permit. (c) Tile Sum Of $ which is the amount of 'lie draft presented with this Certificate. is the amount currently due to the City of Fort Collins from (d) The amount of the accompanying draft together with all previous draws under the Letter of Credit do not exceed in the aggregate S_ and (e) The :Letter of Credit has not expired. IN WITNESS WHEREOF, the undersigned has executedthis Certificate of behalf of the City of Fort Collins this day of THE CITY OF FORT COLLINS, COLORADO A Nfunicipal Corporation By: [Title] EXHIBIT 2 Request for Amendment or Release of Letter of Credit 4 The Citv of Fort Collins certifies that the person signing below is authorized to execute this Request for Amendment or RcIalse of Letter of Credit on behalf of the City of Fort Collins, and Fiu-ther certifies with respect to the provisions contained in the Dcvelopment Construction Permit dated and/or the Development Agreement dated between the City of Fort Collins (Beneficiary) and (Developer).. the following: lChcck applicable boxes.] The Letter of Credit is to be reduced to $ I The expiration date of the Letter of Credit is revised to be The oO-day automatic one year renewal provision contained in the Letter of Credit is no longer in effect. Release Original Letter of Credit upon receipt of separate replacement Maintenance Letter of Credit in the amount of . (current value). 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 COLLPNS, COLORADO a Colorado municipal corporation By: (Name and Title) No Text 0ty of fort i ollins Transportation Services Engineering Department City of Fort Collins, Colorado DEVELOPMENT CONSTRUCTION PERMIT Permit Number: C q' J I Issuance Date: ' r' /`?? I b q Project Name: Hearthfire PUD. Second Filing (Phase 2 and 3 and off -site temporary road connection thru Richards Lake) Project A. K.A.: Project Location: East of North CR13 and South of Douglas Road, just west of Hearthfirc PUD 1" Filing Permittee: Dean Kunz, Kunz Construction Co., 303-423-9700 City and developer contacts: See attached Exhibit `A' for names and phone numbers of all contact persons for this project. Fees: Permit Application Fee ($300.00) $ paid Construction Inspection Fee (paid prior to issuance of this permit) $ 27359.87 Total $ 27,359.87 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. $ 497,870.69 Form of security deposited with the City: PERFORMANCE REQUIREMENTS OF THIS PERMIT: I . The Permittee shall be responsible to require their Project Engineer to incorporate into all design drawings and specifications the certification of all materials testing by an Engineer. The Permittce 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 I epresent, 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. !'he Permittee shall provide "as -constructed" plans prepared by an Engineer prior to the C'ity's acceptance of the constructed public improvements. (All references above to the terms "Project lingincer" and "Engineer" shall mean a Professional Engineer licensed in Colorado.) 2. All contractors who perform work on this project must be bonded and licensed in conformance with City requirements. :. t lI "'ol i.-„ A"t nu ,'.Q t'._ x 580 ^ Ft)rt Collins, CO Ho.22-0580 • (970) 22.1-66Q5 • FAX (9701221-6378 ;vww.fcgov.com 3. Construction time restrictions: N/ 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 rc-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 spcci fled 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; (3) required certifications from the licensed professional engineer that improvements are completed to City standards, specifications and approved Utility Plans, and (4) 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 [,and Use Code, as applicable. Page 2 of 2 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 ofthe 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 1 agree to all of the terms and conditions so stated in this permit. Applicant/Project Manager's Signature: ,�,{g y� `. Date: f o—,T- C 1 Approval for issuance: __ J City Engineer Approval: N ,4 ate: S 0 (Permit Issua ce ate) Page 3 of 3 EXHIBIT `A' DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Flearthfire PUD, 2"a Filing (Phase 2 and 3 and off -site temporary road connection thru Richards Lake) Name, address and numbers City Staff Contact Persons: Development Engineer: Sheri Wamhoff 281 N. College Avenue, Fort Collins, Co 80524 (970) 221-6750 x7140 Construction Inspector: Jeff Baldwin 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6605 Cell (970) 218-2157 Current Planner: Steve Olt 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6750 Water Utilities Engineer: Web Jones, ELCO (970) 493-2044 Wastewater Engineer: Ravi Srivastava, Boxelder Sanitation District (970) 498-0604 Erosion Control Inspector: Bob Zackley 700 Wood Street, Fort Collins, Co 80521 (970)224-6063 Natural Resources: Doug Moore 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6143 Traffic Operations: Eric Bracke 625 Ninth Street, Fort Collins, Co 80524 (970)224-6062 Street closures: Syl Mireles 625 Ninth Street, Fort Collins, Co 80524 (970) 221-6815 Transportation Planning: Kathleen Reavis 215 N. Mason St., Fort Collins, Co 80524 (970)224-6140 Page 4 of 4 Forestry: Tim Buchanan 215 N. Mason St., Fort Collins, Co 80524 (970) 221-6361 Light and Power: Janet McTague 700 Wood Street, Fort Collins, Co 80521 (970)221-6700 or (970) 224-6154 Developer's Contact Persons: Project Manager: Dean Kunz Kunz Construction Company 11445 W I-70 Frontage Road N., Wheatridge, Co 80033 (303) 423-9700 Cell (303) 210-8034 Fax (303) 423-6019 DenyerDeanLQ prodigy.net Developer/Owner: Tom Kennedy, Hearthfire Inc. 11941 W. 481" Ave, Suite 200, Wheatridge, Co 80033 (303) 996-1901 Cell (970) 589-0331 Fax (970) Project Engineer: Shear Engineering Corporation 48365. College Ave., Suite 12 Fort Collins, Co 80525 (970)226-5334 Cell (970) Fax (970) 282-03 11 General Contractor: Darryl Bragg, Schmidt Earth Builders, Inc. 7250 Greemidge Road, Windsor, Co 80550 (970)962-9091 Cell (970) 566-5627 Fax (970) 962-9081 Darrylb(c)sab.home.com Flat work Contractor: Jeff Hobbard, Express Concrete, Inc. 5305 Ziegler Road, Fort Collins, Co 80524 (970)225-12878 Cell (970) 214-9820 Fax (970) 229-0896 Page 5 of 5 3. Construction time restrictions: N/. 4. The applicant understands that additional permits may be 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 casements 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 rc-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 speci lied 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, (3) required certifications from the licensed professional engineer that improvements are completed to City standards, specifications and approved Utility Plans; and (4) 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 band 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. Page 2 of 6 Concrete Structures contractor: Wayne Schell, Concrete Structures, Inc. 4325 Hilltop Road, Longmont, Co 80504 (970) 535-0202 Cell Fax (970) 535-4382 Paving Contractor: Gary Martinsen, LaFarge West, Inc. 1800 N. Taft Hill Road, Fort Collins, Co 80521 (970) 407-3600 Cell (970) 556-0119 Fax (970) 407-3900 Page 6 of 6 0 0 0000 0 o N o 0 0 0 0 0 0 �00000 n M m o 0 0 o u O M O o o O o 0 o ro o 0 0 o O m (O (p 0 0 N m �fl N m m M N W m O O m 0 0 0 t0 r m (D m ul m M dT N M M M V O M M N m m r O O 6 ❑ w v mum mcp M(f3 r r co ia� C Cl) " p Z V3 v3 kn 69 EA E� fA EA h J r t U J U W Q w m IL LLI o w Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J Z Z❑ N to fn (� fn O O fn Uj EA r r O r m M M (A fI3 M (!� (H 6A 07wU �� v><n�� ul u P w Z LLJ wa0m W y w K Y W W Wam W > z z o O W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O m a F r M (A EA N (n O OJ V O r r V (n O LL7 r O M O O N W Q— W r- p❑ W a' En fA N d' m V N N fA E7 (n (A m M N fA fA m ti> En 64 fA !fi fn r- fn (n Z Q: J Q M J a <F �V F 0 Z O p Lij W > w w S O r 0 0 0 0 0000000000 0 0 0 0 0 0 0 0 0 0 oMo�noou� O .- r O O N r 3 0 p z ~ z Fw- ~ Q N N V1 (n En N (n fn N �- � N r r (O W O N (A r r- (n � N M m U W CO M r m of r M N M M fA f/3 N (n m LU 0 V=❑ p (A m EA ❑ W <zin Na> jz 00 00 O X O Q U m NVN ao �V w roamM v�� itr W Z = r v m v v W w Z c9 —w ~ z U z w J m F- -� LU } W U D 2i w a z o o o J Z s wc=Jaa 0 0 z FWo LL W a z 0� __ _= 2 x= 2 2 m F� ��»UU u:tiii000UUUU vii�iiiiiii } Q Z W J J U U¢¢ w w J J J¢ Q¢¢¢¢¢ w W w w w w w J (Q J J (q COF- ae o Z J 0 Q a D W r U W d V) N d QF- n U HM N p w p_ L d C N W a' a ¢ w a n 3 J o o w Q N U> m — N V7 C U U U > Q' J z z c m LL o �0CL� a U LF (n @U) ` wa� ¢ 0 � m Qo U No Q Sp W a O C> O 0 ZQFJ > i£ caUoa¢U a� .n,nw�uwurvmms�e���wwwwnwwwwwweiwm �wal,wxn♦�w�wmm�I�wwwMnw�wmmiwn�wimwmn•i�,m. _I q�wy y N—ill 2357 d¢( yip CgP 9"9S`r$ S F 5 lr �Sj T �\ iS N I 35yi ;a Pe i�dyg L�F n e o ilia !� � �•y � � i iPws y i$ �g it a° , v pyyy q8, kC� .61 '" • o Faeu , i ��i.. �3 A i � a w �""I Cq � k�➢4 A��t4 f .�a � PF 0 F (.' q 1 d ✓ o n: '' °�4 paw' v ed(R .F56 3 c o pp reo I � R d yp a _ p if Y6.ip �PS A p7p• ay ��R /1 1 � �� �Y9e _ d��,�/ i l�,j I•R i L�..�� °;,,,a+, x ,ern _d° � � � ��' _f�;%/ �dk "�Jy n. � •,a � ' � -ti. �y k �F �g�?' �d} a� 1� 1 d C i r •r® � 1u � ?� �` a '"�. , g rd�lly�9� f - ° y P � <x ° N W I N CR£5T (h QiP �igi,l i•'il w 4z pIANNN1;fC NO OF N HEARTHFIRE P.U.D.- Second Filing fNo ,L NIn2� PUG?f Ft Collin% Colorado r.�,�r.�wrrmriuunr..�rmm.mr�.�.rmommu��rnrmrmmr��mwimxm�wmwimw�.�mamnnm�imemma�mrimwr.inn.in.n_emmwim��mMmAnm�nnmimin��rmwmm��l���� j N-113 2337' s w p'i��^f am $0811 $ g I 14 m� — #4i Jf i s I. / I I ►TJE � '� � yg b � ly 'j• �IA�N�N�� AND DESIGN I fll I��cY Yf YI��$�!{,;aiIII;I,1���+;�IRsa �P! EYt ! i f 4' a t�0 "fii tY 9Y I. 11 1 i rd, ipq f P, iFli `i�f Y Yi E µ i fill Itfff�P'Rst +!�I� it 7 1f�it 11 9iPP� ItriE� I1�E1'P1tI,IRip'YIi111�� P j � ia��ili�� I�fi,liiP�i le_� R iPszl+e 7A I'�� S� �•e +liPm I HEARTHFIRE P.U.D.- Second Filing o-lfgl 2N C&�`7 P" x Ft Collins, Colorado w v cC s .v 0S 6C Ab Ch 9P ib tb f6 CV It, of 6L Nti LC 9f 4ti hf -� LL b Zf Y IE v OC G,- v rt j Cc U W v SL 1'Z r A 1( p CZ an G IZ nz ° 61 5 xI u 91 cI ti £I LI II (1I 6 x 9 s t c I A b v N -a o o 43 U n o a3 cu 3 on m c7 ° cl� wcl�rA xjyj Ln c Colorado Community Bank of Loveland October 4. 2004 City of Fort Collins, Engineering Department 281 North College Ave Fort Collins, CO 80521 Dear Sirs: 1050 Eagle Drive Loveland, CO 80537 (970)278-0040 We hereby establish, at the request and for the account of Hearthfire, Inc, in your favor as beneficiary, our Irrevocable Letter of Credit No. 014, in the amount of four hundred ninety seven thousand eight hundred seventy dollars and sixty nine cents ($497,870.69) (as more fully described below), effective immediately and expiring at the close of business on October 4, 2005, at our office located at 1050 Eagle Drive, Loveland. CO 80537, This Letter of Credit is intended for the funding required for the Hearthfire 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 October 4, 2005, against sight drafts in an aggregate cumulative amount not to exceed $497,870.69, dated the date of presentment, drawn on our office referred 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 $497,870.69 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, this Letter of Credit shall automatically terminate. 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 Letter 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 Plorn the present, and each future, expiration date thereof, unless Issuer delivers as ixty (60) days prior to .ny such expiration date to the City of Fort Collins of its inten o is Le ter of Credit. Any such notice shall be 'n writing and shall be delivered with an ackn ✓edged receipt, either n hand or by certified mail. Anv 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 changed 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, �4 ✓/' / (l_ Harry M. Mar nv� Executive Vice President Colorado Community Bank of Loveland 1050 Eagle Drive Loveland, CO 80537 (970)278-0040 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. 1 l . 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 ofthe 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 ofthe applicant ifthe applicant were to fail to perform the required wort:. 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. C.. Applicant/Project Manager's Signature:_ i Date: -/ - O,;,� Approval for issuance: I\1—j 0 City Engineer Approval Date: (Permit Issuance Date) Page 3 of 6 EXHIBIT `A' DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Hearthfire PUD, 20d Filing (Phase 1) Project A.K.A.: Name, address and numbers City Staff Contact Persons: Development Engineer: Sheri Wamhoff 281 N. College Avenue, Fort Collins, Co 80524 (970) 221-6750 x7140 Construction Inspector: Jeff Baldwin 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6605 Cell (970) 218-2157 Current Planner: Steve Olt 281 N. College Avenue, Fort Collins, Co 80524 (970) 221-6750 Water Utilities Engineer: Web Jones, ELCO (970)493-2044 Wastewater Engineer: Ravi Srivastava, Boxelder Sanitation District (970)498-0604 Erosion Control Inspector: Bob Zackley 700 Wood Street, Fort Collins, Co 80521 (970) 224-6063 Natural Resources: Doug Moore 281 N. College Avenue, Fort Collins, Co 90524 (970) 221-6143 Traffic Operations: Eric Bracke 625 Ninth Street, Fort Collins, Co 80524 (970)224-6062 Street closures: Syl Mireles 625 Ninth Street, Fort Collins, Co 80524 (970)221-6815 Transportation Planning: Kathleen Reavis 215 N. Mason St., Fort Collins, Co 80524 (970)224-6140 Page 4 of 6 Forestry: Tim Buchanan 215 N. Mason St., Fort Collins, Co 80524 (970)221-6361 Light and Power: Janet McTague 700 Wood Street, Fort Collins, Co 80521 (970) 221-6700 or (970) 224-6154 Developer's Contact Persons: Project Manager: Dean Kunz Kunz Construction Company 11445 W 1-70 Frontage Road N., Wheatridge, Co 80033 (303) 423-9700 Cell (303) 210-8034 Fax (303) 423-6019 DenverDeangprodigy.net Developer/Owner: Tom Kennedy, Hearthfire Inc. 11941 W. 48°i Ave, Suite 200, Wheatridge, Co 80033 (303) 996-1901 Cell (970) Fax (970) Project Engineer: Shear Engineering Corporation 4836S. College Ave., Suite 12 Fort Collins, Co 80525 (970)226-5334 Cell (970) Fax (970) 282-0311 General Contractor: Charlie Bauer, Schmidt Earth Builders, Inc. 7250 Greenridge Road, Windsor, Co 80550 (970)962-9091 Cell (970) 566-5692 Fax (970)962-9081 Charlieb(c�sab.home.com Flat work Contractor: Jeff Hobbard, Express Concrete, Inc. 5305 Ziegler Road, Fort Collins, Co 80524 (970) 225-12878 Cell (970) 214-9820 Fax (970) 229-0896 Page 5 of 6 Concrete Structures contractor: Wayne Schell, Concrete Structures, Inc. 4325 Hilltop Road, Longmont, Co 80504 (970)535-0202 Cell Fax (970)535-4382 Paving Contractor: Gary Martinsen, LaFarge West, Inc. 1800 N. Taft Hill Road, Fort Collins, Co 80521 (970)407-3600 Cell (970) 556-0119 Fax (970) 407-3900 Page 6 of 6 #kG4aam4la ©« ° - � , (. ) \ - jw\) § e \ \ ) .; 4zw r o \§) %£Kj(§)j(j ( \ \ \ \\ \ t = ! ]2$])\ \#\)$ |f|:§.=*>r! 7{!;\!E $ § !! ;»z; :lZzl,l;!!; =,:J!!» $p f e° tl i4 7 jj i t I gg 0 ( a 9i edf _ atle� i d ;i1 iroi8l i 9, i A liK ��i3t �° ,iai at' d� ,& 1 9 F e Sr Y yytl� � fd S� 3 t d 0' !8 ) X '�i ! i I4 'v➢ u ! v ��� � a'plp� ° v 8�� � °� 9' lw; 7tta Pe iti�p!V;1Da �1 s a:i4 ���i �j.1 �e; {vi$�r Ilk5 ;:K s si7 li s e � ILI � (Al IfJ� ';• a ,fit � t �v�vA�� v�� � �, rj� pig°� �1�/ i� °� Sp w,r l \ 5� ti 1 C l ��r �� �� fi�� i off¢'-r„ �i �• - 4r �' tip ��'�Y r Is W IN I t\ F1J ,• � F ry P FEARTHFIRE P.U.D. - Second Hhnc REST FINAL SITE AND LANDSCAPE PLAN FL AaNING HIJD DESIGN Ft. 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