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HomeMy WebLinkAboutRIGDEN FARM FILING SIX - Filed DCP-DEV. CONSTRUCTION PERMIT - 2004-08-23Citv of Fort Collins Transportation Services Engineering Department City of Fort Collins, Colorado DEVELOPMENT CONSTRUCTION PERMIT Permit Number: Issuance Date: Project Name: ,,den Farm 6`s Filing (Phase 1) Project A.K.A.: Project Location: South of Custer Drive, south of the foothills basin regional channel and east of Ziegler Road —generally the southeast corner of Drake and Timberline Roads Permittee: Joe Van Aelstyn, D. Horton— Melody Series, (303) 466-1831 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) $ 106,510.90 Total $ 106,810.90 Development Bonn' 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. $ 1,676,327.00 Form of security deposited with the City: 7:C PSI 0 _ PERFORMANCE REQUIREMENTS OF THIS PERMIT: 1. 'fhe 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 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 ingineer" 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. "FI \ wIM )11egoAscn11c • PO.13m580 • Fort Collins,C080522-0580 • (970)221-6605 • FAX(970)221-6378 www.fcgov.com POWER SAFECO INSURANCE COMPANY OF AMERICA r S A F E IC a OF ATTORNEY HOME OFFICE SAFECO PLAZA OF AMERICA GENERAL INSURANCE ANY SEATTLE, WASHINGTON 90185 No. 10171 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint '*"""*'""*"""""""*". AMES W. DUNN, DAVID H. CARR: KIMBERLY A. TAVERNIER; ANETT CARDINALE; LINDA J. MEYER; Tampa, Flonda******** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of September 1 2002 ��� 1 V✓I � �CV �' y l.�'� CHRISTINE MEAD, SECRETARY 11 MIKE MCIfGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, d) The provisions of Article V, Section 13 of the By -Laws, and III) A copy of the powerof-attomey appointment, executed pursuant thereto, and dii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof. I, Christine Mead. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 2nd SEAL) W SEAL y x '1953 ✓� t�29 OP wk A '�d�eOf wa5a *:d S-09741SAEF 2/01 day of Angus CHRISTINE MEAD, SECRETARY 2004 ® A registered trademark of SAFECO Corporation 09/13/2002 PDF IMPORTANT" NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium charge resulting from this Act SAFEC© EROSION CW ROL BO" - _ Bond No. -- (,284330 KNOW ALL Nam' BY THESE PpXgET,'TS, that we -" `lo `' I�__ 3o s' Inc. COO at Pnneipal,.and I - u1 authorized to do busieins the State of Colorado` as Surety, are held and firmly bound Unto City of Fort.Collins, Colorados aObligee, in the penal sum Of s }:ty Four Thousand, Seven Hnnared Fifty �$ - --- )DOilars, lawful Nine and �0/1DD _ _ _ _ _ .. _ .. money of the United States of America, for the Payment of which well and tnily to be made, we bind ourselves, our heirs, Mcutors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, _elcdy Homes, Inc. has agreed to construct in the City of Fort Collins, ColoradO the following improvements; Erosion Figden, Filinc 6, S0gt1BI'alltee the Control Pion dated , for the Property known nowts as Fr se I propc7 installation and maintenance of the erosion control measures shown on the Plan Gnd described in the "Storm Drainage Design Criteria and CortMC-lion Standards"• that if the said Now, THFIru�:FoxE, THE CONDITIDN of THIS OBIJGATlON IS SVCP-, Principal shall constn"t, Or have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cost or damage by Mason of its failure to complete said wort then this obligation shalt be null and void; otherwise to rt Hair. in foil fnree and effect. o?Z -- d$ of June 20Da� •., Si 7th Signed, sealed and dated this y Melody Home in i ��- .. By: Safeco Ira ane Coro P of Arno v an amcofBondCompany)- - �-} By " Fimberly A. Tavern er, pripII}ev-ia-Fact .. .. .. c/o Ni11 of 620D Courtney Campbell CsWY 4300 .'. Tampa,FL 33607 (Power of Attorney document, must accompany this) Inm�iries: (813) 2el-2095 SAFECC INSURANCE COM27 Ny 0— A_MER=CA - ®w SA E_I L FE IN J.e.\CECOMPANY f .. lEF I�. N U ,I4 E 5' N R,j 0 2 Or hNEF_CA n FC�L OI ❑s � S lM FL SL.FCCO .a oL F2PivCc EOM PF1di OF _L—�]01SiJ _ POWER SAFECO INSURANCE COMPANY OF AMERICA S A F E C: O® GENERAL INSURANCE COMPANY JP AMERICA J OF ATTORNEY E SAFECO PLAZA HOMEE_=FwASHINGTDIN 98e No. KNOW ALL BY THESE PRESENTS: Tna; SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, pass each hereby appoint •'f -^• *^'•"'""''JAMPR'A DUNN, W A'I:I IL CAltlt; 61kl BIiRL1, A_ 1 ERNi ANFaT CN:DINALE: LINDA J b1FYER, Tampu. Floridu'nr-...r...........-r- its true and lawful ahorney(s)-in-fact, with full allthOnlY to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to hind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE attested these presents COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and this lath day of 3001 �,ck4� CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extras: from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Sorbian 13_ - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations, shall eachh have authority, to appoint individuals as attorneys -in -fact or under other appropriate titles with authonty to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company In the course of Its business _. On any instrument making o- eviaencino such appoimmen', the signatures may bo affix=_o dy ny facsimile. Or. ainstrumen! conferring such authody or on any bona or undertaking o` Inc, mny copa, Inc seal, or :sthemon tainthe theof may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shalt not Inc necessary to the validity of any such instrument or undertaking." Extract iroin a Resolution of the Beare of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970, "On any cedificate executed by the Secretary or an assistant secretary of the Company setting out, h) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomev appointment, executed pursuant thereto, anti (III) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof. I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By--aws and of a Resolution of the Boars of Directors of these corporationsand of a Power of Attorney Issued pursuant thereto, are true and comes'., and that both the By -Laws, the Resolution and the Powe- of Attorney are still in full force and effect_ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 7th pay of Sure 2004 DAL)j� P�ECOMb WSEAL. °o(WdS��s CHRISTINE MEAD, SECRETARY S-09741SAEF 2101 0 A registered trademark of SAFECO Corporation 09/13/2002 PDE IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, Americar, States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula. the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by _______.. ___ ;A:,., +k- tiara The t,,i alen ocfsehlichPc A ! 1l00 hillinn r,a IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE: TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a S100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. 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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 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; (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 Land Use Code, as applicable. Page 2 of 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 Signature:—_�.z l � Date: '7 zT o- Approval for issuance: City Engineer Approval: — Date: B O (Permit Issuance Date) Page 3 of 5 EXHIBIT `A' DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Rigden Farm 6`� Filing (Phase 1) Project AX.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: DAf ! 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6605 Cell (970) .2. `i tCC, Current Planner: Steve Olt 281 N. College Avenue, Fort Collins, Co 80524 (970) 221-6750 Water Utilities Engineer: Roger Buffington 700 Wood Street, Fort Collins, Co 80521 (970)221-6681 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 5 Forestry: Tim Buchanan 215 N. Mason St., Fort Collins, Co 80524 (970)221-6361 Light and Power: Monica Moore 700 Wood Street, Fort Collins, Co 80521 (970)221-6700 Developer's Contact Persons: Project Manager: Joe Van Aelstyn, D.R. Horton —Melody Series 11031 Sheridan Blvd., Suite A, Westminster, Co 80020 (303) 466-1831 Cell (303) 210-7404 Fax (303) 438-1274 jvanaelstvn y drhorton.com Owner: Fred Croci, Rigden Farm, LLC 1027 W. Horsetooth Rd., Suite 200, Ft Collins, Co 80526 (970) 225-9305 Cell (970) Fax (970) 225-9709 fred a,wbeelercommercial.com Developer: Darwin Horan, D.R. Horton — Melody Series 11031 Sheridan Blvd., Suite A, Westminster, Co 80020 (303) 466-1831 Cell (303) Fax (303) 466-1838 Project Engineer: Catherine A. Leslie, Tetra Tech RMC 1900 S. Sunset St. 1-F, Longmont, Co 80501 (303) 772-5282 Cell (303) 517-6709 Fax (303) 665-6959 Cathy leslie�,ttrmc.com General Contractor: Anna Lee Zimbelman, D.R. Horton — Melody Series 110341 Sheridan Blvd., Suite A, Westminster, Co 80020 (303) 466-1831 Cell (303) 472-9508 Fax (303) 438-1274 azimbelman�a melodyhomesinacom Page 5 of 5 1ZIGDF N EA TUI FJLLVG 6 I ! i I ( 7 ri "" '9 r)[I 1rIP'VOP.7111, I I (I 11 if I )i I ! )i rl I Pki,\ c i 1 1 RM( i I ) ( A I () R i ( 'i I1U(, I )t �\ I 1 ( I - I Rl I ti I i ( ).( ( P, I i I- w w W Q N W F- in O U Z Q V) W P H Z Q 0 F- U W I O w a 0 0 0 0 0 0 N N o 0 0 o O o 0 0 0 0 0 0 0 rn rn N o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 o p ar N No�(n .- rio00 ovio M(o o(o roco coM cD o Sri mr �0 rno0 00 w EA N V O 7 M m r (O (D (D N N d' N CP n N to M Hi EA N 69 ER EA EA M EA � EA to U3 CD-1 7 Z O_ V! 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W 0 Z 2co J } w J m_ W y W w a� Q0 iz50 0Wz p?za ~az w(3a O zm LL W OW (n N __ LLLL}}UU _______ W tiLLUUUUUUU U%LLLLLL }} F-Q JJ UU W J JJ JU JJJ(n (n HO Z w LaL.I W W W W W W W U LL 7 z N - 0 w U m m Q 0: Q W !- a ° W t Cl) z z EL Q Z Cl W d U a d N d W � c a in J ° GLJJ U.o y Q >LL 4w U 0 d Y d _ cta. c 3 0- w~ o N Q_ a? a Om� c 3 ^�U a�'i maw �F n. a`>U aEi U W O (n ° d U d.0 °tlrn U .� �. (n m d'- Q c 2 Q Q U o _ y? y E LL m �. ° w o u w c °b N c a' N M O N > w 'O wrn G C ti C o� m o m_ M .- d C C> C m M a� m M d M '� .� c m M a 2 a E OJ.a yet-:J�QZ ;� �U)3: i,L :E>m 2L.� rn U` LLU �_ LLQ U z DEVELOPMENT BOND Bond #6284302 KNOW ALL MEN BY THESE PRESENTS: That we Melody Homes, Inc. as Principal, hereinafter referred to as the "Developer" and Safeco Insurance Company of America, a corporation organized under the laws of the State of Washington as Surety, hereinafter referred to as "Surety', are held and firmly bound unto the City of Fort Collins, Colorado, a municipal corporation, hereinafter referred to as the "City", in the sum of One Million, Six Hundred Seventy Six Thousand, Three Hundred Twenty Seven and no/100 (SI,676,327.00) Dollars to be paid to the City, for which payment well 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 City for its approval of the following development project: Rigden Filing 6,- Public Improvements: Storm sewer, water, sanitary sewer and street system; and Pc e WHEREAS, the City has approved said development project and the Developer and the City have executed a Development Agreement dated May 28, 2004 pertaining to the development project (the "Development Agreement") a copy of which is by reference made a part hereof, and WHEREAS, the City 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 City shall become the property of the City), which for the above described development project shall be One Million, Six Hundred Seventy Six Thousand, Three Hundred Twenty Seven and no/100 Dollars (51,676,327.00) with such Surety to be upon condition that the bond remain in full force and effect until such time as the City 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 standards of the City; and (2) delivery to the City by the Developer of a bond, cash or other securing deposit in a form acceptable to the City to guarantee that the Developer shall maintain and repair all of said public infrastructure improvements in accordance with the City Code. NOW, THEREFORE, the condition of this obligation is such that if the developer shall truly and faithfully perform to the satisfaction of the City its obligations in constructing, maintaining and repairing the public infrastructure constructed in connection with the aforesaid development project in accordance with the City Code (including the Land Use Code and Transitional Land Use Regulations, as applicable), and the Development Agreement, then this obligation shall be void; otherwise to remain in full force and effect. r Dated this 2"d day of August, 2004. DEVELOPER: ht i Melody Imes, ,Inc. pt9��L� By: Title: !✓,��/ezN�f SURETY: By: Title: ier, Attorney -In -Fact 3000 Bayport Drive, 9300 Tampa, FL 33607 / Inquiries: (813) 281-2095