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HomeMy WebLinkAboutOLD OAK ESTATES - Filed DCP-DEV. CONSTRUCTION PERMIT - 2009-09-17ir" City of Planning, Development & Transportation Engineering Department 6rt Coll i ns 281 North College Avenue PO Box 580 Fort Collins, CO 80522-0580 970.221.6605 970.221.6378 - fax DEVELOPMENT CONSTRUCTION PERMIT Permit Number: 09-12 Issuance Date: 9 /l6 LO 9' Project Name: Old Oak Estates Project Location: NW corner of Strauss Cabin Road and Big Dipper Drive Permittee: Eric Hutchinson 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) $ 400.00 Construction Inspection Fee (paid prior to issuance of this permit) $ 7.077.90 Total $ 7,477.90 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. $ (ys1,s57.00 Form of security deposited with the City S $,316.C'(� i n ctcccC4n4" w,i�, G�fy4 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 "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 licensed in Colorado.) 2. All contractors who perform work on this project must be bonded and licensed in conformance with City requirements. Development Construction Permit, Page 2/5 Construction time restrictions: /` K 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; 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: 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 st ted in this permit. <� 12Applicant/Project Manager' s Signature: Date: zg Approval for issuance: �r City Engineer Appro Date: ( O (Permit Issuance Date) Development Construction Permit, Page 4/5 EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Old Oak Estates Project A.K.A.: NA City Staff Contact Persons: Development Engineer: Andrew Carney, 281 N. College Ave., Fort Collins, CO 80521 Office 970-221-6501 Fax 970-221-6378 Email: acarne Da ov.com Construction Inspector: Marc Virata, 281 North College Ave, Fort Collins, CO 80522 Office: 970- 221-6567 Cell: 970-217-0552 Email: mviratancgov.com Current Planner: Peter Barnes, 281 N. College Ave., Fort Collins, CO 80521 Office 970-416-2355 Fax 970-221-6378 Email: pbarnesnfc ov.com Water Utilities Engineer: Roger Buffington, 700 Wood Street, Fort Collins, CO 80521 Office: 970-221-6681 Email: rbuffingtongfcgov.com Erosion Control Inspector: D.A. Black, 700 Wood Street, Fort Collins, CO 80521 Cell 970-218-3011 Fax 970-221-6619 Email: dblack &fc ov.com Natural Resources: Dana Leavitt, 281 N. College Ave., Fort Collins, CO 80521 Office 970-224-6143 Fax 970-416-2020 Email: dleavittnfcgov.com Development Construction Permit, Page 515 Traffic Operations: Syl Mreles, 626 Linden Street, Fort Collins, CO 80521 Office 970-221-6815 Fax 970-6282 Email: smireles cr,fcgov.com Transportation Planning: Denise Weston, 215 N. Mason, Fort Collins, CO 80521 Office 970-416-2643 Fax 221-6239 Email: dweston a fcgov.com Forestry: Ralph Zentz, 215 N. Mason, Fort Collins, CO 80521 Office 970-224-6302 Fax 970-221-6586 Email: rzentz2fc ov.com Light and Power: Doug Martine, 700 Wood Street, Fort Collins, CO 80521 Office 970-224-6152 Fax 970-221-6619 Email: dmartinenfc og v.com Developer' Contact Persons: Project Manager/ Developer/Owner: Eric Hutchinson, 3503 Long Creek, Fort Collins, CO 80528 Office:970-495-0455 Fax:970-225-9743 Cell: 970-495-0455 Email: eric e,ncpccpro.com Project Engineer: Bud Curtis, Northern Engineering Services, 2005 College Ave # 100, Fort Collins, CO 80524 Office: 970-221-4158 Email: Bud@northernengineering.com General Contractor: Robert Pittington, Pittington Construction, 12991 N CR5, Wellington, CO 80549 Office:970-568-9289 Fax:970-568-9229 Cell: 970-310-0987 Email: rosko48@aol.com CACHE BANK & TRUST Where a handshake still has meaning.® September 16, 2009 City of Fort Collins Engineering Department 281 N. College Ave. Fort Collins, Colorado 80524 Dear Sirs: Re: Irrevocable Letter of Credit Number 0057 We hereby establish, at the request and for the account of Eric and Catherine Hutchison, in your favor as beneficiary, our Irrevocable Stand By Letter of Credit No. 0057, in the amount of One Hundred and Forty Thousand two hundred forty one and 00 cents ($140,241.00) (as more fully described below), effective immediately and expiring at the close of banking business on January 16th, 2010, at our office at 4645 Ziegler Rd Fort Collins, CO.80528 This Letter of Credit is intended for the funding required for the Old Oak Estates 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 16, 2010, against sight drafts in an aggregate cumulative amount not to exceed $140,241.00 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 $140,241.00 in the aggregate presented on or before this Irrevocable 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 . West Greeley • 4601 West 20th Street • Greeley, CO 80634 • (970) 351-8600 • Fax (970) 351-7878 Downtown Greeley • 924 11th Street • Greeley, CO 80631 • (970) 506-7183 • Fax (970) 351-6272 www.cachebankandtrust.com 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, 2007 revision, ICC publication number 600. This Letter of Credit will be automatically extended without amendments for 120 days 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 requests for amendments to this Letter of Credit shall be made in the form of Exhibit 2 attached 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). Issuing company name: Address: Phone Number: Sincerely, ache Bank & Trust Lorna Reeves SVP- Branch Manager Cache Bank & Trust 4645 Ziegler RD Fort Collins, CO 80528 970-472-7900 EXHIBIT 1 CERTIFICATE The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable Letter of Credit No. 0057 dated September 16, 2009, 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 $ , which is the amount of the 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 $ ; 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 #0057 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 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 $ ❑ 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)