HomeMy WebLinkAboutRIVERBEND PDP - Filed DCP-DEV. CONSTRUCTION PERMIT - 2004-08-30DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 03-12 Issuance Date:
Project Name:
Project A.K.A.: Riverhead
10102103
Project Location: East of Timberline at Countryside Drive, South side of existing nursery
o crationsyard.
Permittee: Hooraz, LLC, CaryHoover
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
Construction Inspection Fee (paid prior to issuance of this permit) $ 636.90 _
Total $ 936.90
Development Bond or other approved security:
Amount of security deposited with the City to guarantee the completion of all public
improvements to be constricted as shown on the approved plans for the development.
$ 29,512.49
Form of security deposited with the City: Letter of Credit
PERFORMANCE REQUIREMENTS OF THIS PERMIT:
1. The Permittee shal I 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 Pennittee
shall have an Engineer prepare revised design drawings and secure City approval for all revisions to
the Utility Plans and related documents. The Pennittee 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 Perm ittee shall
provide "as -constructed" plans prepared by an Engineer prior to the City's acceptance ofthe
constructed public improvements. (All references above to the terms "Project Engineer" and
"En"incer" 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.
Commercial Code, the Uniform Customs and practice for Documentary Credits, 1993 revision, ICC
publication number 500.
This Letter of Credit will be automaticall), 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 lanai or by certified mail. Any amendments to this Letter ofCredit 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 aereetnent
referred to herein. except only the certificate and draft(s) referred to herein: and any such reference
shall not he deemed. to incorporate herein by reference any document. instrument or agreement
except for such certificate and draft(s).
Sincerely,
-7.
Unisyn Capital Corporation, Issuer
Ronald E. Walling, President
Issuing company name: Unisvn Capital Corporation
Address: 1204W. Ash St., Suite A. Windsor, CO 80550
Phone Number: kQ-/0) 686-7900
EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable
Lettcr of Credit No. _ _ dated _, 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 ofthe development agreement
and/or the development construction permit.
(c) The sum of $ , which is the amount of the draft presented with this
Certificate, is the amount currently due to the Citv 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 executed this Certificate ofbehalf of the City
of Fort Collins this _day of
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
[Title]
EXHIBIT 2
Request for Amendment or Release of Letter of Credit 4
The City of Fort Collins certifies that the person signing below is authorized to execute this Request
for Amendment or Releasc 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
andior 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 S
The 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).
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
(Name and Title)
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Development Construction Permit, Page 2/5
3. Construction time restrictions: 7am to 6pm Monday through Friday. All other times must be
droved and coordinated through Rhonda Henson, Inspector,
4. The applicant understands that additional permits maybe required for this development project
and the applicant shall secure those pennits 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) ofthe 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. fit 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 ofthe extension.
An extension may be granted for up to six months.
7. Building permits and certificates of occupancy will onlybe issued when all conditions contained
in the Devclopment 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 specifytimes 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 ol' issuance of the first building permit.
S. 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.
10. The City Erosion Control Inspector must be notified at least twenty-four (24) hours prior to any
Development Construction Permit, Page 3/5
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: The hioh chlorine release from flushing the sanitary water lines may
not be discharged into the detention pond or the City Natural Areas without prior a��roval from
D0u9Moo1e, CitV Natural Resources, 221-6143.
Permittee's acknowledgment signature:
By signing this permit I acknowledges that I am acting with the knowledge, consent, and authority of
the ownei.s 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 1 agree to all of the terms and conditions so stated in this permit.
Applicant/Project Manager's Signattnc.`- - Date:
Approval.for issuance: /
City Engineer Approval: ����,_ �— Date: 10 /Z-�t✓ 3
1 (Permit Issuance Date)
Development Construction Permit, Page 4/5
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Riverbend, PDP
Project A.K.A.: Riverbend
City Staff Contact Persons:
Development Engineer: Susan Joy, 281 N. College, 970-221-6605
Construction Inspector: Rhonda Henson, 281 N. College, 970-217-4089
Current Planner: Steve Olt, 281 N. College, 970-221-6750
Water Utilities Engineer:
Erosion Control Inspector: Bob Zakely, 700 Wood St, 970-224-6063
Natural Resources: Doug Moore, 281 N. College, 970-221-6143
Traffic Operations:
Street closures: Syl Mireles, 626 Linden St., 970-221-6815
Transportation Planning: Kathleen Reavis, 215 N. Mason, 970-221-6140
Forestry:
Light and Power: Doug Martine, 700 Wood St, 970-221-6152
Developer' Contact Persons:
Project Manager: Jonathan Cairns
1218 W. Ash St., Suite H
Windsor, CO 80550
970-690-3901
Developer: Gary Hoover, Hooraz, LLC.
1218 W. Ash St., Suite A
Windsor, CO 80550
970-674-1109 office
Development Construction Permit, Page 5/5
Owner(s): Same as Developer
Architect/Planner:
Project Engineer: Patricia Kroetch, P.E.
North Star Design, Inc.
700 Automation Drive, Unit I
Windsor, CO 80550
970-686-6939
General Contractor: Hartford Construction Corp.
1218 W. Ash, Suite A
Windsor, CO 80550
970-674-1109 office
970-690-3901 cell
or All Other Contractors:
Grading & Utility Contractor:
Connell Resources, Inc.
4305 E. Harmony Rd.
Fort Collins. CO 80528
970-223-3151
Concrete Contractor for flatwork:
Coffman and Laub Construction
Loveland, CO
970-663-9571 office
970-566-9633 cell
Concrete Contractor for Structures:
Connell Resources, Inc.
Paving Contractor:
Connell Resources, Inc.
Landscape Contractor:
TBD
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September 30, 2003
City of Fort Collins
300 LaPorte Avenue
Fort Collins, Colorado 80521
Dear Sirs:
UNInK
CAPITAL
'3 CORPORATION
We hereby establish, at the request and for the account of Whowood Partnership, LLP, a Colorado
Limited Liability Partnership, in your favor as beneficiary, our Irrevocable Letter of Credit No.
Whowood LOC #1494. in the amount of Twentv-nine Thousand Five Hundred Twelve and
49/100s Dollars (S29,512.49) (as more fully described below). effective immediately and expiring at
the close of banking business on September 30, 2004, at our office at 1204 W. Ash St., Suite A.
Windsor, CO 80550.
This Letter of Credit is intended for the funding required for the Riverhend Development Project
(`Development Project") for the assurance of the completion ofthe 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 September 30,
2004, agoinst sight drafts in an aggregate cumulative amount not to exceed S29,512.49, dated the
date of presemmncnL. 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 I hereto.
Presentation of such draft and certificate shalt be made at our office referred to above.
Upon the earlier of (i) our honoring your draft(s) totaling S29,512.49 in the aggregate presented on or
betoic this Letter of Credit expires pursuant to the terms herein or (ii) the surrender to us by you of
this Lotter 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 %vith 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 oi'credit may be
reduced by tfie vailie oI'the completed components), upon execution ofa "Request for ,amendment
to Lcttcr of('redit" in the norm attached hereto as Exhibit' .
Phis lCner nl' credit shall he subject to the Uniform Commercial Code as in effect in the Statue f _g
olora(io_ and, to the extent not inconsistent with the CCrIr71 o "his Letter ofCredit and t
,Atesr, = H -^ees, ��.te a ,� JI ado 8�5�� ®':97C1 68E ?8;,0 x (8701 cc� .