Loading...
HomeMy WebLinkAboutOAKRIDGE BUSINESS PARK THIRTYSECOND - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-05-05ULVLLUVMLN I GUN51 KUG I IUN N PERMIT City of hart Collins Permit Number: 00-22 Issuance Date: Project Name: Oakridge Business Park, 32"d Filing Project Location: Located along Innovation Drive, south of Harmony Road and east of McMurry Avenue Permittee: Ron Ardnt, Oakridge Innovation LLLP 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) $150.00 paid Construction Inspection Fee (paid prior to issuance of this permit) $3,396.67 ;+, _; Excavation on Public Property in the Right -of -Way permit $2,000.00 Erosion control fee $7,196.00 ' '' •> Total $12,742.67 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. $42,284.89 Form of security deposited with the City: Letter of Credit PERFORMANCE REQUIREMENTS OF THIS PERMIT: 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.) All contractors who perform work on this project must be bonded and licensed in conformance with City requirements. 3. Construction time restrictions: 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): 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. 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. 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 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. See Exhibit "B" regarding the Memorandum of Understanding requirements. 12. Other conditions: none 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: Approval for issuance: City Engineer Approval: ! �_ �t to Date: (Permit Issuance Date) EXHIBIT "B" Bond...... ❑ Cash.... ❑ Letter of Credit... MEMORANDUM OF UNDERSTANDING ki�_,v V,,.-�� ReR ArRElt and Kevin Corcoran ("the Developers"), are the Developers of certain real property located in the City of Fort Collins known as Oakridge Business Park, 32no Filing ("the Property"). The City has approved an Erosion Control Plan dated August 24 2000 ("the Plan"), for the Property and, pursuant to Section 2.2 of the City's "Storm Drainage Design Criteria and Construction Standards " ("the Criteria"), the City has agreed to accept a bond, cash escrow, or irrevocable letter of credit in the amount of Seven thousand one hundred ninety-six dollars and zero cents ($7,196.00)("the Escrow") from the Developers to guarantee the proper installation and maintenance of the erosion control measures shown on the Plan and described in the Criteria. The Escrow has been received by the City, in the form marked in the box at the top of this page. If, at any time, the Developers fail to abide by the provisions of the Plan or the Criteria, the City may enter upon Property for the purpose of making such improvements and undertaking such activities as may be necessary to ensure that the provisions of the Plan and the Criteria are properly enforced. The City may apply such portion of the Escrow as may be necessary to pay all costs incurred by the City in undertaking the administration, construction and/or installation of the erosion control measures required by the Plan and the Criteria or measures needed to stabilize the site erosion should the project be abandoned by the Developers. Upon acceptance by the City of the initial installation of the erosion control measures required by the Plan and the Criteria, the Escrow shall be reduced to twenty- five (25) percent of the actual cost of such measures. The balance of the Escrow shall be held by the City to guarantee the continued maintenance and replacement of such measures for a period not to exceed two (2) years from the date of installation of the erosion control measures. Upon the expiration of said two (2) year period, or the date of certification by the City that the required measures have been fully completed and maintained in accordance with the Plan, whichever occurs first, the balance of the Escrow shall be refunded and the right of access granted to the City under this Memorandum of Understanding shall be of no further force and effect. Until such time, the rights of the parties under this Memorandum of Understanding shall run with the Property and be binding upon any subsequent owner thereof, as well as any assignee in interest of the Developer. Dated this //-rA- day of�, 20W Page 1 of 2 THE CITY OF FORT COLLINS, COLORADO, a municipal corporation By: Glen D. Schl eter, Manager Stormwater Development Review DEVELOPER: OAHR DGE INNOVATION, LLLP, a Colorado Limited Liability Limited Partnership By: Title: /ytr�f�tnG�N�'h By Title: Pti�[ C rt x Attest: (if Corporation) Secretary: Attorney Certificate: This is to certify that on the _' day of p ix , 2000, 1 examined the title to the above described Property and have determined that all fee title Owners of the above described Property have executed this Memorandum of Understanding. I hereby affirm responsibility to the City of Fort Collins, Colorado, as a third party beneficiary of this certification, for any errors and omissions by me concerning this certification. Name: Colorado Attorney Registration No.: Page 2 of 2 First National Bank seplcmber 8, 1000 Boneficiarv: Citv of For Collins 300 LaPorte Avcnuo Loll Collins, CO 80521 Dear Sirs: copy IRREVOCABLE LETTER OF CREDI'1 NO. 3177 ACCOuntee: Oakridge Innovation, LLLP 4700 Innovation Drive. Suite B-3 Port Collins, CO 8052� Rev=�i�,v�lk Okrc tt tt. We hereby establish, at the request and for the account of Oakridge Innovation, LLLP, in favor of the City of fort Col lies ns beneficiary. our In evocable Letter of Credit No. 3177, in the amount of Porte two thousond two hundred cilhty four and 891100 Dollars (542.284.89) (as more tully described helow), effective inuuediatcly and expiring at the close of banking business on September 8. 2001, at our office at ]ii Fast Boardwalk, Fort Collins, CO 8052�. The Letter of Credir is intended for the fundim required for the Innovation Plaza Development Project for the asxurnnce of completion of the construction and the maintenance and repair of the public inliastructurc 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 drmvinss prior to the close of business on September 8, 2001, against sight drafts in an .t resate Clump lk amount not to exceed 542,284.89, dated the date of presentment- drawn on our office referred to ubovC referring thereon to the number of this Letter of Credit and accompanied by your written certificate si_ncd by you and acknowledged as therein provided in the form of Exhibit I 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 S42 284.89 in the aggregate presented on or before this better of Credit expires pursuant to the terms herein or (d) the surrender to us by you of this Letter or Crcdit for cancellation, this Letter of Credit shall automatically terminate. It k understood that the amount of this Letter of Credit may be reduced, in the City's sole discretion, upon acceptance b� the Cit% of the initial installation of all erosion sediment control measures as shown on the approved erosion control plans. Am such reduction in the amount of this Letter of Credit shall be made usin_ the "Request ibr Amendment to Letter of Credit'' form attached hereto as Exhibit 2. "Phis I eticr of Credit shall be subject to the Uniform Commercial Code as in effect in the State of Colorado. ❑nd. to the extent not mconsistcnt with the terms of this Letter of Credit and the Uniform Commercial Code. the t,nlf<rrm lrr5totrts and Practice for Documentary CGedits, 1993 revision_ [CC publication number f00. This Letter of Credit shall be automatically extended without amendment for one }ear from the present, anc each future expinrtion date thereof unle,s Issuer delivers written notice at least sixty 160) days prior to any such expiration dute to the City of Port Collins of its intent not to renew this Letter of Credit Amy such notice shall be in writing and shall be delivered with an acknowledged reeeipl, either in hand or by cettifled nmil_ Anc amendments to this Lencr of Credit shall be made in the form or Exhibit 2 hereto. The City may at anry time request that the Bank amend this Letter of Credit by submitting to the Bank a lulk, csecutcd certificate in the form of Exhibit I The Bank shall thereafter promptly issue an amendment to the Letter of Crccit corresponding to the Chan Ie or chaugcs requested in such ceiYificate. Phis Letter ofCrecla is not transferable. Phis Letter of -Credit sets forth in full our undertaking, and such undertaking shall not in anv way be inodilied, 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 ❑n% such reference shall not be deemed to incorporate herein by reference anv document, instrument or agreement except for such certificate and draltis)- Si+�cercly, ` ✓i] i James 11. Trupp `'' Vice President EXHIBIT t CERTIFICATE The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable Letter of Credit No. __ dated , established in favor of the City of Fort Collins, Colorado (the "Letter of Cradlt' : (a) He (She) is authorized to execute this Certificate on behalf of the City of Fort Collins; (b) The applicant/developer is in default underthe terms of the development agreement and/orthe 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 underthe 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 Certficate on behalf of the City of Fort Collins this day of THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: Mille] EXHIBIT 2 Request for Amendment to Letter of Credit The City of Fort Collins certtfles that the person signing below is authorized to execute this Request for Amendment to Letter of Credit on behalf of the City of Fort Collins, and further certifies with respect to the provislons contained in the Development Construction Permit dated and/or the Development Agreement dated _ between the City of Fort Coilirs (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 80-day automatic one year renewal provision contained in the Letter of Credit is no longer in effect. 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 Tide)