HomeMy WebLinkAboutFOSSIL LAKE PUD SECOND - Filed DCP-DEV. CONSTRUCTION PERMIT - 2004-08-25City of Fort Collins
Transportation Services
Engineering Department
City of Fort Collins, Colorado
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: C l Issuance Date:
Project Name: Fossil Lake PUD Second Filing (Phases 3 and 4)
Project A.K.A.:
Project Location: South Kechter Road and east of Ziegler Road
Permittee: Stan Everitt(970) 226-1500
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) $ Waived
Total $ 0
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.
$ _r r. t,
Form of security deposited with the City:: ' "(r , r . t
PERFORMANCE REQUIREMENTS OF THIS PERMIT:
1. 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
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 `gas -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 licensed in Colorado.)
2. All contractors who perform work on this project must be bonded and licensed in
conformance with City requirements.
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I V�=rth 0locmw • PO Bor580 • Fo-t Collins,CO8n522-0580 • (970)221-6605 • FAX(970)221-6378
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EXHIBIT 2
Request for Amendment or Release of Letter of Credit #
The Citv of Fort Collins certifies that the person signing below is authorized to execute
this 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
Pcrmit dated _. and/or the Development Agreement
dated , between the City of Fort Collins (Beneficiary) and
(Developer), the following:
(Check applicable boxes.)
The Letter of Credit is to be reduced to $
Th.e expiration date of the Letter of Credit is revised to be
The 60-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).
0 Release of Letter of Credit.
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
By:
Title
STATE OF COLORADO)
COUNTY OF LARIMER)
Subscribed and sworn to before me this day of by
as authorized officer of the City of Fort Collins.
Witness my `viand and official seal.
Notary Public
My Commission
3. Construction tinierestrictions: N/A
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. I f 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. 1 f 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 improvcments 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) rcquired 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. In accordance with the development agreement for this property dated July 3rd, 2001 the
warranty on street improvements is for two (2) years from the date of final subdivision
improvement acceptance. Prior to the expiration of the warranty period and/or the release of
warranty collateral, the Developer shall repair or replace any deficiencies.
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
Coll suructiOil must be in place and inspected by the City Erosion Control Inspector before any
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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
delined in Scclion I-2 ofthe City Code; and including common areas legally connected to orassociated
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
of hicials 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: Date: 3
Approval for issuance:
City Engineer Approval: O-V%Date .4 /Q
(Permian e Date)
of
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Fossil Lake PUD Second Filing (Phases 3 and 4)
Project A.K.A.:
City Staff Contact Persons:
Development Engineer:
Name, address and numbers
Sheri Wamhoff
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6750 x7140
Construction Inspector:
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6605
Cell (970) 222-
Current Planner:
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6750
Water Utilities Engineer: Terry Farrill
4700 S. College Ave, Fort Collins, Co 80525
(970) 226-3104
Erosion Control Inspector: Bob Zackley
7700 Wood Street, Fort Collins, Co 80521
(970) 224-6063
Natural Resources: Doug Moore
281 N. College Avenue, Fort Collins, Co 80524
(970) 224-6143
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
210 E. Olive, Fort Collins, Co 80524
(970)224-6140
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Forestry: Tim Buchanan
281 N. College, Fort Collins, Co 90524
(970) 221-6361
Light and Power:
700 Wood Street, Fort Collins, Co 80521
(970) 221-6700
Developer's Contact Persons:
Project Manager: Stan Everitt, Everitt Companies
3030 S. College Ave, Fort Collins, Co 80526
(970) 226-1500
Cell (970) 222-4151
Fax (970) 223-4156
Developer/Owner:
Everitt Companies
3030 S. College Ave, Fort Collins, Co 80526
(970)226-1500
Cell (970) 567-1924
Fax (970) 223-4156
aarone - everittcompanies.com
Project Engineer:
George Schock, Northern Engineering
202, Fort Collins, Co 80524
420 S. Howes, Suite
(970)221-4158
Fax (970) 221-4159
Dick Schmidt and Mark Van Ronk, Schmidt Earth Builders
General Contractor:
7250 Greenridge Road, Fort Collins, Co 80528
(970)962-9091
Cell (970) 566-5606
Fax (970) 962-9081
Lanscape Contractor: Andy Mill, Mill Brothers
(970) 493-3883
Cell
Fax
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. —
First National Bank
City of Fort Collins
Engineering Department
281 N College .Ave
Fort Collins. CO 80521
Dear Sirs:
boardwalk Office
R/E llep�etmant
PO_ Box 272500
I , r, ( 11, CO 10527-250
-10.283 IliuO
Date: July 20, 2004
We hereby establish, at the request and for the account of Everline, LLC, a Colorado
Limited LiabiEty Company in your favor as beneficiarv. our Irrevocable Letter of Credit
No. 3413, in the amount of Four hundred eighty-five thousand one hundred thirty-six and
09/100 Dollars (S485,136.69) (as more fully described below), effective immediately and
expiring at the close of banking business on June 3, 2006, at our office at 155 E.
Boardwalk. Fort Collins. Co 80525.
This Letter of Credit is intended for the funding required for the Fossil Lake Zed Filing
Phases 3 & 4 (" Development Project") for the assurance of the completion of the
construction and the maintenance and repair of the public infrastructure in connection
with the afbresaid development project and its associated development agreement and
development construction permit. Funds tinder this Letter of Credit are available to you
for one or more drawings prior to the close of business on June 3, 2006. against sight
drafts in an aggregate cumulative amount not to exceed S485,136.69, 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 S485,136.69 in the aggregate
nrescntcd on or before this Letter of Credit ex_nires uursuant to the terms herein or (ii) the
surrender to its by you of this Letter of Credit Ior 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
inf astructure are satisfactorily completed in accordance with approved utility plans. the
value of the completed components may he established from the Development
Construction Permit worksheet for determining costs of infrastructure construction and
inspection Ices. 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, 199' revision, ICC publication number 500.
This Letter of Credit will be automatically extended without amendments for one year
from the present. and each future, expitation date thereof, unless Issuer delivers written
notice at least sixty (00) 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 notices 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 shall
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 wav 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 anv document, instrument or agreement except for such certificate or draft(s).
Sire
111111//////
Catherine E. Costlow
Vice President
First National Bank
STATE OF COLOR -ADO)
COUNTY OF LARIMER)
bscribed and vV to before me this day of
by( IL as Vice President;irst Nations Bank
Witness my hand and official seal. j i t
otary Public
�P�ly e ion Expires:_ ( j JI u�
UBARBARA W CMM*wn E,pm9 Jun za. 2W
EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain
h-rcvocable Letter of Credit No. 3413 dated July 20, 2004, established in favor of the City
of Fort Collins, Colorado (the "Letter of Credit"):
(a) He(Slie) 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 surn of S _, which is the amount of the draft presented with
This Certificate, is the amount currently due to the City ofFort 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 $ ; 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
Title
STATE OF COLOR -ADO)
COUNTY OF LARIMER)
Subscribed and sworn to before me this day of , by
, as authorized officer of the City of Fort Collins.
Witness my hand and official seat.
Notary Public
My Commission Expires: