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HomeMy WebLinkAboutPROVINCETOWNE THIRD PHASE 1 B - Filed DCP-DEV. CONSTRUCTION PERMIT - 2010-06-03Development Construction Permit, Page 115 DEVELOPMENT CONSTRUCTION PERMIT Permit Number: 07-05 Issuance Date: 5 O Project Name: Provincetowne Filing No 3 Phase lb Project A.K.A.: Care Parcel Pond Modifications Project Location: Southwest section of Trilby & Lemay off of Autumn Ridize Drive Permittee: Rick Holop KB Home 5975 S. Quebec Street Centennial CO 80111 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 (paid) Construction Inspection Fee (paid prior to issuance of this permit) $ 299.00 (due Small Project Application Fee is $200 — Credit Due $-200.00 Total $ 99.00 (due) 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. $ 0 Form of security deposited with the City: N/A 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 APPLICATION (1/16/06) For City use only: Application Number: Application Date:�l7 0 Permit application fee: $ 400.00 INSTRUCTIONS: �1✓ �`' t 1. Complete this form (some questions may not apply to you) and attach all necessary documents and submit to the Development Engineering Section of the City. 2. If you have any questions contact the Development Engineer, , at 221-6605. 3. Submit the Application and pay the Application Fee at the fee at the Engineering counter at 281 N. College Avenue. PROJECT INFORMATION: Project Name (as approved by the City): / i0 0•> AC'eTow n FL 3 01 e� n�✓1 s�'� /`c/" Cal l aus�ti Project A.K.A. (Marketing name if different from Project Name): Project Location: if a V,?� W- A O'n AL3 , 6,A co , C b Property Owner(At the time of this permit issuance): Individual Name: k-e-16 H0 /,a0 Company Name: F 0 17 G 0"V- Address: !g-y s S au e1jec S r� Cen e n n %a C' 90 1l I Phone number(s): Office: 301 323 - I15 6 Cellphone: S 1•3 9161 ^ 7S 72 Fax number: 72 0 �Yg _ ,J999 Email: Applicant/Project Manager (The primary contact person for all matters regarding this project, and the person responsible for all matters referencing "the Developer" in the Development Agreement for this project): i2,, LL I-„ Individual Name: '" ` ` "° 'itr Company Name. Address: ?75 SOuejwc 3 Phone number(s): Office: 103 321-1 / St Cellphone: 103 y61- 7572 Fax number: 72o�'- Email: e,4enn/e,/ , CO, toi/I Development Construction Permit, Page 1/6 DEVELOPMENT CONSTRUCTION PERMIT Permit Number: 07-22 Issuance Date: 6127107 Project Name: Provincetowne Filing 3 — Phase 4 A,B,C & D ProjectAXA.: Shadow Creek Homes Project Location: SW Corner of Trilby and Lemay Permittee: Toby Terhune, Shadow Creek Homes LLC, 3762 Eureeka Way, Suite B, Frederick, CO 80516 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 (paid) Construction Inspection Fee (paid prior to issuance of this permit) $ 52,752.25 (paid) Total $ 53,152.25 (paid) 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. $ 1,265,393.00 Form of security deposited with the City: L.O.C. No. 86649 — Advantage Bank — Issued to Provincetowne Homes LLC on June 14 2007 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 2/6 3. Construction time restrictions: N/A 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 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. Development Construction Permit, Page 3/6 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: N/A 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. ' Date: /,7�/ Approval for issuance: t"_ City Engineer Approval: Date: �"' Ic' (Permit Issuance Date) Development Construction Permit, Page 4/6 EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Development Engineer: Randy Maizland 281 N. College Avenue, Fort Collins, Co 80524 (970) 416-2292 raizland@fcgov.com Construction Inspector: N- ( U K 281 N. College Avenue, Fort Collins, Co 80524 (970) 222-6824 Current Planner: Steve Olt 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6314 Water Utilities Engineer: Roger Buffington 700 Wood Street, Fort Collins, Co 80521 (970) 221-6700 Erosion Control Inspector: Jammer OA. P LAC-e 34V _601 700 Wood Street, Fort Collins, Co 80521 (970) 224-6063 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: David Averill 210 E. Olive, Fort Collins, Co 80524 (970) 416-2643 Forestry: Tim Buchanan 281 N. College, Fort Collins, Co 80524 (970)221-6361 Light and Power: Alan Rutz 700 Wood Street, Fort Collins, Co 80521 (970) 224-6153 4of6 Development Construction Permit, Page 5/6 Developer's Contact Persons: Project Manager: Kwame Dawson FEA Management 3762 Eureeka Way, Suite A Frederick, CO 80516 (720) 887-4825 Office (303) 880-8962 Cell Fax (720) 887-8090 kdawson feamanagement.com Owner: Toby Terhune Shadow Creek Homes, LLC 3762 Eureeka Way, Suite B Frederick, CO 80516 (303) 833-3885 Office (303) 472-1352 Cell Fax (303) 833-6580 tob3t(a ultrasys.net Developer: Toby Terhune Shadow Creek Homes, LLC 3762 Eureeka Way, Suite B Frederick, CO 80516 (303) 833-3885 Office (303) 472-1352 Cell Fax (303) 833-6580 tobyl(a-)ultrasys.net Steve Schroyer McWhinney Enterprises 2725 Rocky Mountain Ave., Suite 200 Loveland, CO 80538 (970)593-6503 steves ,mcwhinne Project Engineer: Joe Sparone, JR Engineering 2620 E. Prospect Rd., Suite 190 Fort Collins, CO 80525 (970) 491-9888 fax (970) 491-9984 jsparone&en ineering corn 5 of 6 Development Construction Permit, Page 6/6 Architect: Lee Martin Land Architects 1825 Sharp Pointe Dr., Suite 126 Fort Collins, CO 80525 (970) 484-4100 IV 10 z O J V W a a)W Ozw W w F 7 � Ix D to dW Q W m0a Vce IL OC—)a0 QM W w J Q V a^ aF a za aLU �O J � ma 0.1 Q4 y> "I a 000000 rn M 0 0 0 0 0>LOLOLe) Acri Mtn tAV)609� 60. 000000 I- I- 0 0 0 0 O O cM 6M m M 6% 6% 613 69 _O 0 6A Ef} O O O O O O O o (D 0 0 0 I-� 0 0 0 0 0 1�69000 0 o co co Go C1i�LfiU) � 6M9� 6f! 0 0 0 Cl 0 0 0 0 Cl 0 0 0 CCGO6 C] 0% 69 6R 61% 69 6R Lf) 1 t- D O N Liui>�>-UU -j-jCUUj�� 242) w t) a 2 a co m5 c oO U a:Cy~_ m c C n E L co c irHU3:Qm rn o •= c co 69 O O O O O O O O O O I�I�f�0000000 O O O O O M O O O to 69fAERf` � OnMMM M69�69EA696f} CDO CD O CD 0 CD O CD C5 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 Cl 0 C C C G C C G O O 69 61! 60 69 61# t 6R? 69 613, 6H Vi m x x m m x m Li1iLL Q000Q0g0gU0 QQQ0 J J J W W W W W W W Cl 0 0 0 0 0 v?o0o0to 0)oOCN M 000EAti r O M — N OMet61)� 6% fA 6ii 6%} 0 0 0 0 0 0 ITOOOet IT O V-: V- � 0 0 6A 69 69 6031 0%. fA O O O O O O O 0 0 0 0 0 0 0 O6.46o0000 I- CM O6RM M f` co d CD m 00 � CO W M rn N��Ot61%6 69 6A fA 69 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 O O C C C O C 69 69 69 69 63, 611, 61% et Cl O) O O O F� (CI- —COM P- M 0) CO ce) co OOMCMV V C14 to >- Li Li li } } r m _ 6U c y J O c c � U 2-1 a°i= �a ) c E U ea �.m• .. c Z•� �� amp cc maci0 m w�Ft3:mm�2m NU` aUaa W W Z _O r V W IL N Z Q O F- LU m 2 � �O z J J N F z W 2 w M O IL W w a W 3 O x V O F z m H U. G Z W W U Z J J m J a z -' o p vz F. a G Nz }zm V 0 F Z N �O C) W V z0: aN wg 'oZ az �Q w~ �O W a~ s 31 N&A Advantage Bank June 14, 2007 Letter of Credit #86649 City of Fort Collins Engineering Department 281 N. College Ave. Fort Collins, Colorado 80524 Dear Sirs: We hereby establish, at the request and for the account of Provincetowne Homes, LLC, in your favor as beneficiary, our Irrevocable Letter of Credit No. 86649 , in the amount of One Million Two Hundred Sixty Five Thousand Three Hundred Ninety Three and no/100 Dollars ($1,265,393.00) (as more fully described below), effective immediately and expiring at the close of banking business on June 16, 2008, at Advantage Bank, 1475 North Denver Avenue, Loveland, CO 80538. This Letter of Credit is intended for the funding required for the Provincetown 3`d Filing 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 June 16, 2008, against sight drafts in an aggregate cumulative amount not to exceed $ 1,265,393.00, 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 $ 1,265,393.00 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. 1475 North Denver Avenue 970.613.1982 Loveland, CO 80538 Fax 970.613.1853 advantagebanks.com 12 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 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 intend 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 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 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: Advantage Bank Address: 1475 North Denver Avenue Loveland, CO 80538 Phone Number: 970-613-1982 Sinc rely, Bryan est Vice President, Issuer Development Construction Permit, Page 2/5 3. Construction restrictions: All grading and drainage work must be completed within the boundary of Phase lb as depicted on the Phasing Plan sheet of the approved Utility Plans for Provincetowne Filing no. 3. 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 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 planned construction on this project. All required perimeter silt fencing and other erosion/sediment Development Construction Permit, Page 1/6 DEVELOPMENT CONSTRUCTION PERMIT Permit Number: 07-22 Issuance Date: 6127107 (revised on 11113107) Project Name: Provincetowne Filing 3 — Phase 4 A & B Only Project A.K.A.: Shadow Creek Homes Project Location: SW Corner of Trilby and Lemay Permittee: Toby Terhune, Shadow Creek Homes LLC, 376212000 Zuni Street, Suite 14, The Arabian Horse Center Building, Westminster, CO 80234 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 (paid) Construction Inspection Fee (paid prior to issuance of this permit) $ 52.752.25 (paid) Total $ 53,152.25 (paid) 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. $ 603,926.87 Form of security deposited with the City: L.O.C. No. 86649 — Advantage Bank —Issued to Provincetowne Homes. LLC on June 14.2007 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 2/6 3. Construction time restrictions: N/A 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 uermit 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. Development Construction Permit, Page 3/6 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: Original L.O.C. issued for phases 4A,B,C & D for $1,265,393 will be reduced to $603,926.87 and held as security for Phases 4A & B only. No refunds will be issued for inspection fees that have been paid. No reduction will be given on the Erosion Control deposit since overlot grading has been completed for all of Phases 4A, B, C & D. This permit supercedes the previously issued permit for Phases 4A,B,C & D . A new DCP must be obtained for Phases 4C & D in order to develop these phases and all DCP security and fee requirements will apply at the time of DCP application. 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 to -stated in this permit. Applicant/Project Manager' s Signature: Date: �/3z'o �L Approval for issuance: City Engineer Approval: �i�� �-�;7 " Date: (Permit Issuance Date) 1 Development Construction Permit, Page 4/6 EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Development Engineer: Randy Maizland 281 N. College Avenue, Fort Collins, Co 80524 (970) 416-2292 raizland@fcgov.com Construction Inspector: Wayne Lenard 281 N. College Avenue, Fort Collins, Co 80524 (970) 222-6824 Current Planner: Steve Olt 281 N. College Avenue, Fort Collins, Co 80524 (970) 221-6314 Water Utilities Engineer: Roger Buffington 700 Wood Street, Fort Collins, Co 80521 (970) 221-6700 Erosion Control Inspector: Jay Barber 700 Wood Street, Fort Collins, Co 80521 (970)224-6063 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: David Averill 210 E. Olive, Fort Collins, Co 80524 (970) 416-2643 4of6 Forestry: Light and Power: Developer's Contact Persons: Project Manager: Owner: Development Construction Permit, Page 5/6 Tim Buchanan 281 N. College, Fort Collins, Co 80524 (970) 221-6361 Alan Rutz 700 Wood Street, Fort Collins, Co 80521 (970)224-6153 Anna Lee Zimbleman FEA Management 4 Inverness Court East, Suite 300 Englewood, CO 80112 (720) 887-4825 Office (303) 562-5095 Cell Fax (720) 887-8090 Toby Terhune Shadow Creek Homes, LLC 12000 Zuni Street, Suite 14 The Arabian Horse Center Building Westminster, CO 80234 (303) 301-7164 Office (303) 472-1352 Cell Fax (303) 301-7165 tob @ultras Developer: Toby Terhune Shadow Creek Homes, LLC 3762 Eureeka Way, Suite B Frederick, CO 80516 (303) 833-3885 Office (303) 472-1352 Cell Fax (303) 833-6580 tobytna,ultrasys.net Steve Schroyer McWhinney Enterprises 2725 Rocky Mountain Ave., Suite 200 Loveland, CO 80538 (970) 593-6503 steves o mcwhinne, 5 of 6 Development Construction Permit, Page 6/6 Project Engineer: John Meyers, JR Engineering 2620 E. Prospect Rd., Suite 190 Fort Collins, CO 80525 (970) 491-9888 fax (970) 491-9984 isparonena iren ins eering cone Architect: Lee Martin Land Architects 1825 Sharp Pointe Dr., Suite 126 Fort Collins, CO 80525 (970) 484-4100 6 of 6 7. --- --- I I °cH PROVINCE'TOMME FILING THREE I1'_'DD' IN. I RI-N DAhI PREPARED FM v-SC.LLE N/A 1® lIOIE COIptADO NC. ,wEg AwDs Aga OVERALL PHASING PLAN A. 11/10/DB ® J'R �NGINEIItING 5975 S. QUEBEC, SUITE 300 �PPi1°°AORDmnAF 4 4DNEDMy. Arr CENTENNIAL, RICK HOLPP11 AVPROKs BER Ilg DRAW BY 7SB E Rapp P41a1 f0•R Cat DO t� . rot B PUROS<s g PHONE: 303-323-1156 ONLY FOR ar RRIirzN H.- �_IYF. . I m FAX: 720-488-3888 W-11p" RECEIPT CITY OF FORT COLLINS NEIGHBORHOOD & BUILDING SERVICES 281 N. COLLEGE AVE. Phone:970-221-6760 Fax:970-224-6134 Application Type: Building / Misc / General / NA Application #: B0703851 Project Name: PROVINCETOWNE 3RD Address: Owner Name: Receipt No.: 122952 Payment Method Ref Number Amount Paid Payment Date FEE FOR Check 1004 $52,752.25 06/15/2007 12:16:47 PM SLINDELL PROVINCETOWNE, FILING 3, PHASE 4 CK#1004 Owner Info.: Work DCP (INSPECTION FEE) FOR PROVINCETOWNE 3RD FILING - PD BY PROVINCETOWNE HOMES LLC CITY OF FORT COLLINS NEIGHBORHOOD & BUILDING SERVICES 281 N. COLLEGE AVE. Phone:970-221-6760 Fax:970-224-6134 Application Type: Building / Misc / General / NA Application #: B0704109 Project Name: PROVINCETOWNE 3, PHASE 4, A,B,C,D Address: Owner Name: Receipt NO.: 123239 Payment Method Ref Number Check 1030 Owner Info.: Amount Paid Payment Date $400.00 06/26/2007 08:51:55 AM SLINDELL FOR PROVINCETOWNE, 3RD, PHASE 4, A,B,C,D PD BY SHADOW CREEK HOMES CK#1030 E FOR PROVINCETOWNE 3RD, PHASE 4, A,B,C,D PD BY SHADOW CRREK HOMES, LLC Development Construction Permit, Page 1/6 DEVELOPMENT CONSTRUCTION PERMIT Permit Number: 08-1 S Issuance Date: Atmi:st-i�-�t7�8'' Project Name: Provincetowne Filing 3 — Phase 4 D Only Project A.K.A.: Waterleaf by Shadow Creek Homes Project Location: NW Corner of Carpenter Road and Lemay Avenue Permittee: Steve Schrover, McWhinnev Enterprises, 2725Rocky mountain Ave., Suite 200, Loveland, CO 80538 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 (paid) Construction Inspection Fee (paid prior to issuance of this permit) $ 15369.90 (paid) Total $15, 769.90 (paid) 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. $ 335,165.16 Form of security deposited with the City: L.O.C. - I" National Bank Dated September 9, 2008 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 3/5 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: N/A 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 stat m this permit. I tc,-r �' fo� Applicant/Project Manager' s Signature: Approval for issuance: Date: I�Ic City Engineer Approv ate: (Permit Issuance Date) Development Construction Permit, Page 2/6 3. Construction time restrictions: N/A 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 ofthe 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. 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: Grading securily was provided with Phase 4A & B covering 4D. Water and sewer inspection fees will be collected by the District and the City will only inspect trenching for those utilities. 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. L Applicant/Project Manager' s Signature: Date: Approval for issuance: City Engineer App Date: A-7 f � _rt (Permit Issuance Date) Development Construction Permit, Page 4/6 EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Development Engineer: Randy Maizland 281 N. College Avenue, Fort Collins, Co 80524 (970) 416-2292 rmaizland@fcgov.com Construction Inspector: Wayne Lenard 281 N. College Avenue, Fort Collins, Co 80524 (970) 222-6824 Current Planner: Steve Olt 281 N. College Avenue, Fort Collins, Co 80524 (970) 221-6314 Water Utilities Engineer: Roger Buffington 700 Wood Street, Fort Collins, Co 80521 (970) 221-6700 Erosion Control Inspector: DA Black 700 Wood Street, Fort Collins, Co 80521 (970)221-6700 Traffic Operations: Joe Olson 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: Denise weston 210 E. Olive, Fort Collins, Co 80524 (970) 416-2643 Forestry: Tim Buchanan 281 N. College, Fort Collins, Co 80524 (970) 221-6361 Light and Power: Alan Rutz 700 Wood Street, Fort Collins, Co 80521 4of6 (970) 224-6153 Developer's Contact Persons: Development Construction Permit, Page 5/6 Project Manager: Toby Terhune Shadow Creek Homes, LLC 12000 Zuni Street, Suite 14 The Arabian Horse Center Building Westminster, CO 80234 (303) 301-7164 Office (303) 472-1352 Cell Fax (303) 301-7165 tobyt@ultrasys.net Owner: Troy McWhinney McWhinney Enterprises 2725 Rocky Mountain Ave., Suite 200 Loveland, CO 80538 (970) 593-6503 TlyM2mcwhinney.com Developer: Steve Schroyer McWhinney Enterprises 2725 Rocky Mountain Ave., Suite 200 Loveland, CO 80538 (970) 593-6503 stevesgmcwhinney.com Project Engineer: John Meyers, JR Engineering 2620 E. Prospect Rd., Suite 190 Fort Collins, CO 80525 (970) 491-9888 fax (970) 491-9984 jsnaronenae iren ig'neerin com Architect: Lee Martin Land Architects 1825 Sharp Pointe Dr., Suite 126 Fort Collins, CO 80525 (970) 484-4100 5 of 6 W N It O + O ". ONc V W N A W N + N. 8 la-. V O! ff A W N + O O O V Ol N A W N + o - 0ommc01 d y°'W.MmIDm°'d m �o@cD.. arm = A m I n N C: (D 7 N N n CD =' N� CD n n - N 9 �O m < 0 m< -1� -o ��sw� 2) M. aOCD O .. w o ?��� N �� m aN 3z p �- m so R. m C) c, y D�2 � a Om CO CD 0 c y^_ �_ .cnu �, a� mr� m o �3 nAi CD 3 CD y�v o NCO D Am 0 (CpD� fD °1 W Z `° TZI L y n' - L (7 �om ? (n + N o n m cn myy �m ' W 2 ma w - v 0 CD D CCD n y w c c m N m cm � r y 0 X n DD A vm my D, n ;� CD m oZ O D pA cncnrrrcnr DDDDDDDrrr, >>00 �3�nnC W Z 2222x22 2x ro oy ,�O mm Cm 20 wpm Cy y S N �p aoOD p<z3 Mm-M m n Z e� mm + Nwv,: rn zx mm v _ 0W(Opp W OONO W (T? 0 O NN X OCOC 0(ONO W �000)Cr) 0 ON�O(ofl CCA 0Dn 000 m O N z z CO) n C C <m CO ;a C ; m to to fA 69 <A to 0 -4 C fA EA 69 fA fA V) O<AO� 0 EA to OV0 �+N 00 to W m d yZHom O 00000 .CnN0_0V T00 O C m Z x O 0 HIV CA00>CO (D N W O O p00o000(n0o O O O o O O O O O o 0000(no O O O O O O = � m C cm O m O-m0 m �g49 m DD r G �AO69o0)OA N CV)i(4AO tq 4A Cv r -i (O fJIWOVI(O wtn0O80to QAi p 000 C" '69 oN (n -� m O N N 0 0 0 OfA EAOO orA �En EA 0000090. pp EAO Ul rAW O O O O O V O C 3 J � N)CCD 00 00 N o 0 0o rn o 0 0 0 0 0 0 0 0 0 0 0 000000000 0000 CTC 0 0 0 0 0 o m m Z z n -<;am� -IOvm m xGmn mp7o- to 4A <A fA E9 to W W W V 0 V v 6969 fA 0 O to to 69 rA Z z AAOOOA (n000WOO000 CCCCCCC V V V w W w Cl) oo CC C)1 Cn V-I -C Cfl CTO o OCT 0000000000 000000 m Z O z O mm� (O m m =' z o ; z = c� C v, -�- EA EA rA EA fA EA CO p QN� to rn 49 ?W(� rA 69 to v 0 O O A N v, �' w 49 44 r%) v) 'Go fA 10 0" 8 t9 v CD W W O(ON(T CA0000D00 00 00700 W W O O CCCCCT O O O O O O 0o 00o00 ACC O O O O O O O O O O COOOCJ�(T O O O O O O I First National Bank SEPTEMBER 9, 2008 CITY OF FORT COLLINS ENGINEERING DEPARTMENT 281 N. COLLEGE AVE. FORT COLLINS, COLORADO 80524 DEAR SIRS: International Trade Services 1620 Dodge Street Omaha NE 68197 402.341.0500 SWIFT: FNBOUS44 WE HEREBY ESTABLISH, AT THE REQUEST AND FOR THE ACCOUNT OF PROVINCETOWNE, LLC, 2725 ROCKY MOUNTAIN AVE, #200, LOVELAND, CO 80524, IN YOUR FAVOR AS BENEFICIARY, OUR IRREVOCABLE LETTER OF CREDIT NO. STB08200219, IN THE AMOUNT OF THREE HUNDRED THIRTY FIVE THOUSAND ONE HUNDRED SIXTY FIVE DOLLARS AND SIXTEEN CENTS UNITED STATES DOLLARS ($335,165.16) (AS MORE FULLY DESCRIBED BELOW), EFFECTIVE IMMEDIATELY AND EXPIRING AT THE CLOSE OF BANKING BUSINESS ON SEPTEMBER 8, 2009, AT OUR OFFICE AT FIRST NATIONAL BANK OF OMAHA, GLOBAL BANKING GROUP, 1620 DODGE STREET, OMAHA, NE 68197-1096. THIS LETTER OF CREDIT IS INTENDED FOR THE FUNDING REQUIRED FOR THE PROVINCETOWNE PHASE 4D 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 SEPTEMBER 8, 2009, AGAINST SIGHT DRAFTS IN AN AGGREGATE CUMULATIVE AMOUNT NOT TO EXCEED $335,165.16, 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 $335,165.16 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), Page 1 of 4 First National Bank International Trade Services 1620 Dodge Street Omaha NE 68197 402.341.0500 Page: 2 SWIFT: FNBOUS44 Date: September 09, 2008 Our Reference No: 08200219 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, 2007 REVISION, ICC PUBLICATION NUMBER 600. 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 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 AATY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT EXCEPT FOR SUCH CERTIFICATE AND DRAFT(S). 2SE A MCNEILL MANAGER, GLOBAL BANKING GROUP FIRST NATIONAL BANK OF OMAHA ISSUING COMPANY NAME: FIRST NATIONAL BANK OF OMAHA ADDRESS: ATTN: GLOBAL BANKING GROUP 1620 DODGE STREET OMAHA, NE 68197-1096 PHONE NUMBER: 402.633.3437 Page 2 of 4 0 First National Bank EXHIBIT 1 CERTIFICATE International Trade Services 1620 Dodge Street Omaha NE 68197 402.341.0500 Page: 3 SWIFT: FNBOUS44 Date: September 09, 2008 Our Reference No: 08200219 THE CITY OF FORT COLLINS HEREBY CERTIFIES AS FOLLOWS WITH RESPECT TO THE CERTAIN IRREVOCABLE LETTER OF CREDIT NO. STB08200219 DATED SEPTEMBER 9, 2008, 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 BY: [TITLE] Page 3 of 4 First National Bank International Trade Services 1620 Dodge Street Omaha NE 68197 402.341.0500 Page: 4 SWIFT: FNBOUS44 Date: September 09, 2008 Our Reference No: 08200219 EXHIBIT 2 REQUEST FOR AMENDMENT OR RELEASE OF LETTER OF CREDIT #STB08200219 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 BY: (NAME AND TITLE) Page 4 of 4 --- I Ili!Ili IIIIII�II'I — - II _ - II �I rn full PRMANCETOYME FILING THREE H-SCAU 1"=40' N, OM I B7 DATE PREPARED FOR UN CM THE AS V-SCALE N/A M SE DRAIM— ARE DATE 8/12/08 J•R ENGINEERING A_R D B pENE1NNC NE TE EBICNED BV JMJ PHASE 4—D SITE PLAN •rro.. OESS TMENNGINEEERING OMY DRANH BY JCS 25A E RLapO RL S6 W-R Cat OJ BY3 ELscNn'piE� BV°wNI r,ENS 8 CHECKED BY 9i4d8F9BB•FIX 9A JN9l81 nUMO 11-O 1. wnjRgwiymn Development Construction Permit, Page 4/5 EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Provincetowne Filing No. 3, Phase lb City Staff Contact Persons: Development Engineer: Randy Maizland 281 N. College Avenue, Fort Collins, Co 80524 (970) 416-2292 raizland@fcgov.com Construction Inspector: Lance Newlin 281 N. College Avenue, Fort Collins, Co 80524 (970) 416-2011 Current Planner: Steve Olt 281 N. College Avenue, Fort Collins, Co 80524 (970) 221-6314 Water Utilities Engineer: Roger Buffington 700 Wood Street, Fort Collins, Co 80521 (970) 221-6700 Erosion Control Inspector: Unknown, call number provided here 700 Wood Street, Fort Collins, Co 80521 (970) 224-6063 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: David Averill 210 E. Olive, Fort Collins, Co 80524 (970)416-2643 Forestry: Tim Buchanan 281 N. College, Fort Collins, Co 80524 (970) 221-6361 4of5 Accela Automation: ShowPayDetai140 - T8108-D Page 1 of 1 UZ94rall CITY OF FORT COLLINS NEIGHBORHOOD & BUILDING SERVICES 281 N. COLLEGE AVE. Phone:970-221-6760 P. 0. BOX S80 Fax:970-224-6134 Application Type: Building / Misc / General / NA Application #: B0804717 Project Name (Subdivision): PROVINCETOWNE FILING 3 Address: Owner Name: Receipt No.: 134465 Payment Method Ref Number Amount Paid Payment Date Cashier ID Comments Check 1127 $400.00 08/06/2008 10:36:11 AM MSTEVENS SHADOW CREEK HOME Owner Info.: X Work PROVINCETOWNE 3 FILING DCP APPLICATION, SHADOW CREEK HOMES, Description: CHK#1127 ($400) 1"31 o f-D Vrarsi<>n 4_0 https:Hdtsweb02. fcgov.comloperationslpermitlindex.cfm?FUS EACTION=ShowPayDetail4... 8/6/2008 Accela Automation: ShowPayDetai140 - T8108-D Page 1 of 1 RECEIPT CITY OF FORT COLLINS NEIGHBORHOOD & BUILDING SERVICES 281 N. COLLEGE AVE. Phone:970-221-6760 P. O. BOX S80 Fax:970-224-6134 Application Type: Building / Misc / General / NA Application #: B0805591 Project Name (Subdivision): PROVINCETOWNE FILING 3 Address: Owner Name: Receipt No.: 135508 Payment Method Ref Number Amount Paid Payment Date Cashier ID Comments Check 001096 $15,369.90 09/15/2008 11:03:11 AM MSTEVENS PROVINCETOWNE, LLC Owner Info.: Work PROVINCETOWN 3RD FILING - PHASE 4 D ONLY: CONSTRUCTION Description: INSPECTION FEE. T8108-U Version 4.(i https://dtsweb02. fcgov.comloperationslpermit/index.cfm?FUSEACTION=ShowPayDetail... 9/ 15/2008 Development Construction Permit, Page 515 Light and Power: Alan Rutz 700 Wood Street, Fort Collins, Co 80521 (970) 224-6153 Developer's Contact Persons: Project Manager: Rick Holpp, KB Home Colorado 5975 S. Quebec Street Centennial, CO 80111 (303) 323-1156 Fax (720) 488-3888 rholl2okkbhome.com Owner: Rick Holpp, KB Home Colorado 5975 S. Quebec Street Centennial, CO 80111 (303) 323-1156 Fax (720) 488-3888 rholpl)gkbhome.com Developer: Rick Holpp, KB Home Colorado 5975 S. Quebec Street Centennial, CO 80111 (303) 323-1156 Fax (720) 488-3888 rholppgkbhome.com Project Engineer: General Contractor: Joe Sparone JR Engineering 2620 E. Prospect Road Fort Collins, CO 80525 (970) 491-9888 Fax (970) 491-9984 js amone@,jren ing eering com Gary Single Tarco Inc. 4781 W. 58th Avenue Arvada, CO 80111 (303) 429-2221 Cell (720) 341-6648 Fax (303) 429-0051 5 of 5 H w w fA w Q N w N V Z _w H H Z CY V w O w IL 000000 000000 0000000000 0000000000 0 0 0 0 0 0 000000 CO O O O M O O Ei) CA 63 O Cfl 0000000066 C!i EA Eii Cfl 69 69 EA 63 69 69 000000 69 EA vi CA 69 EA C w J O Z U W ' m CNW O I-.Z W z 000000 1�1,-CnLO00 M 0000000000 tiF-n000OOOO LOOOCn U) �OOO'T14: O 0 0 J J F- zzo_ O O C'M cQ CM CA Efl EA 69 O O O O O O O M O 6 6 6 EA 69 d9 I� ti O M M M EA Vy 60 60 61) 60 O D W V ����60�� 6 E- w Z w wa>-. yw?• ii > Z w .� m �: ON�/ Y w; o 0 0 0 0 0 000000 o o 0 o o o o o o o o o 0 o o o o 0 o o 0 0 0 0 0 o 0 O O O O O O O lz a g ooC;000 64�u0� 0000000000 ��6460���64�to 0000000 ����ka �� ,`•, w F- 0 > LL w{{0: N a OWZV W w w w = o00000 o00000 oo000000oo oo000000oo 0000000 0000000 = O Z wF- ooC;oC;o �6060��6s 6666000006 6scsV>v»���6ars� o000000 ��6»��6c#64 G V W a LLJ 00 �w VQ W 9_ Fa Nam.-. 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N N >+ M U) >+ m Cl. >+ Ifl Cl. >. f0 0 'o 10 'D V 'V 'O V 'a V N N � N Cl) N 7 co N d m a rn toF- U) a C � C N t0 a) 3 a o m U N E 0 2 2 C ° 0 Y y m Z In cp a m N a o w ° w m a a c m c In H N a co 0 ) 7 U in N a 0 to C1 N U) Mh C ii g no U ID C � O O a� U ~ O � ao Accela Automation: ShowPayDetai140 - T8108-D Page 1 of 1 RECEIPT CITY OF FORT COLLINS NEIGHBORHOOD & BUILDING SERVICES 281 N. COLLEGE AVE. Phone:970-221-6760 Fax:970-224-6134 Application Type: Building / Misc / General / NA Application #: B0701194 Project Name: PROVINCETOWN, PHASE iB Address: Owner Name: Receipt No.: 119980 Payment Method Ref Number Amount Paid Payment Date Cashier ID Comments Check 162943 $99.00 03/05/2007 12:15:45 PM NREED Owner Info.: Work Description: T8108-D Version 4.0 http://dtsweb02. fcgov.comloperations/permit/index. cfm?FUSEACTION=ShowPayDetail... 03/05/2007