HomeMy WebLinkAboutRICHARDS LAKE PUD PHASES 2-6 AND 8 - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-06-17Transportation Services
Fnvincering Department Development Construction Permit, Page 1,,6
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 03-01
Issuance Date: 02103103
Project Name: RICHARDS LAKE — Phases 2-6 and 8
(see attached phase plan)
Project Location: West of County Road 11 and South of Douglas Road and North
of County Club Road
Permittee: Richards Lake L.L.C.
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
Erosion Control Fee $0.00
Construction Inspection Fee (paid prior to issuance of this permit) $ 26 447.00
Total $26,747.00
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. $444,139.50 (See special conditions)
Form of security deposited with the City: Letter of Credit # 768-102
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.)
;'f) Sus SRO • ro, , C,It �t�, C P 50532-OQO • (970) 221-6605 • FAX (970) 221-6179
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EXHIBIT 1
CERTIFICATE
The city of Fort Collins hereby certifies as follows with respect to the certain
Irrevocable Letter of Credit No. 768-102 dated January 22. 2003, 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 S444,139.50, which is the amount of the draft presented with
this Certificate, is the amount currently due to the City of Fort Collins from First National
Bank of Colorado.
(d) The amount of the accompanying draft presented together with all previous
draws under the Letter of Credit do not exceed in the aggregate $444,139.50: and
(e) The Letter of Credit has riot expired.
IN WITNESS WHEREOF, the undersigned has executed this Certificate on
behalf of the City of Fort Collins this 22°d day of January, 2003.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
[Title]
EXIHIBIT 2
Request for Amendment of Release of Letter of Credit # 768-102
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)
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DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 01-17
Issuance Date: -/1- 01
Project Name: Richards Lake P.U.D.
Project Location: South of Douglas Road, North of County Road 52 and West of County Road 11
Permittee: KB Home Colorado, Inc
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
Erosion Control fee (Must be Paid prior to issuance of this permit) $118,364.00
Construction Inspection Fee (paid prior to issuance of this permit) $75,961.40
Total $75,961.40
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.
$2,533,996.19
Form of security deposited with the City-Q .,.e.� ea • �aQku
V7 9a,I-7 -$6,3
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 2/3
3. Construction time restrictions: Normal Work Hours
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
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
Development Construction Permit, Page 3/3
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 l 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: A N Date:
Approval for issuance:
04hty Engineer Approval i v, L l _Date:
(Permit Issuance Date)
EXHIBIT A
Project Name: Richards Lake 1st Filing
Project AKA:
City Staff contacts:
Development Engineer: Dave Stringer
281 N. College Ave. Fort Collins, Co. 80524
970 221- 6765
Construction Inspector: Lance Newlin
281 N. College
970 221-6605
970 222- 0854
Water utilities Engineer: Roger Buffington
700 Wood Street
970 221- 6854
Erosion Control Inspector: Bob Zakley
700 Wood Street
970 221- 6063
Traffic Operations:
Street Closures:
Transportation Planner:
Forestry:
Light & Power:
Ward Stanford
625 Ninth Street
970 221 - 6615
Sly Mireles
625 Ninth Street
970 221- 6815
Kathleen Reavis
210 E. Olive
970 221- 6140
Tim Buchanan
281 N. College
970 221- 6361
700 Wood Street
970 224 — 6700
US West: Eric Handcock- 970 377- 6401
-200 .... __ .NG. r X NC9 o- - 0�
Project Engineer (A Colorado licensed professional engineer who is the civil engineer the person
responsible for the design of this project, responsible for certification that improvements are
_ constructed in accordance with approved plans, responsible for making revisions to plans with City
approval and for prov:dirng as -constructed plans):
Name: Inter -Mountain Engineering
Address: 77 Metcalf Rd., Avon, CO
Phone number(s):
Office: 97-949-Sf 7�
Cellphone:
Fax number: 970-949-9339
Email: Sandim(anetbeam net
Professional License Number:i
Developer (The party or parties referenced in the Development Agreement who are responsible for the
Developer's obligations contained in the Agreement -add additional names below):
NaIne:KB Home Colorado Inc., formerly known as Kaufman & Broad of Co.In-
Address: _8401 F. Belleview Ave. Suite 200 Denver, CO
Phone number(s):
Office: 303-220-6000 _
Cellphone:
Fax number: 303-773-6704
Email: alleal.v@Kbhome.com
General Contractor ('The contractor in overall charge of the public infrastructure construction):
Name: Hamon Contractors, Inc.
Address; 9670 Franklin Street, Denver, CO 80 1
Phone number(s):
Office; 303-297-0340
Cellphone:
Fax number: 303-296-9601
Email:
If you have no General Contractor, list all other contractors below.
Grading contractor:
Name: _
Address:
Phone number(s):
Office: _
Cellphone: _
Fax number:
Email:
Udlitv contractor:
Richards Lake I" Filing Development Construction Meeting 5-11-01
Name Companv Name Telephone # e-mail address
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C itv of 1-ort Collins
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 03-01
Project Name: RICHARDS LAKE
Development Construction Permit, Page 1/6
Issuance Date:
Project Location: ,;vest of County Road 11 and South of Dougias Road and Nortri
of County Club Road
Permittee: Richards Lake L.L.C.
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
Erosion Control Fee
$0.00
Construction Inspection Fee (paid prior to issuance of this permit)
$ 26 447.00
Total
$26,747.00
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. $444,139.50
Form of security deposited with the City: Letter of Credit #
P rn rC R.A. In NCE rlrn11101=nq C0.1T�C, 05 THIS PERMIT.
r L.\rViv 1PV'iv ....
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.)
Development Construction Permit, Page 2/6
2. All contractors who perform work on this project must be bonded and licensed in
conformance with City requirements.
3. Construction restrictions: Normal work hours and days. The City Engineering
Construction and/or Utility Erosion Inspectors have the authority as outlined in the City
Codes, and the Development Agreement for this project, to stop work when weather
conditions (may in their opinion) pose a threat to the health and safety of the general public
and/or on -site workers.
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
Development Construction Permit, Page 3/6
professional engineer that improvements are completed to City standards, specifications
and approved Utility Plans; and the Aas-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 (n
iV,ra) that can be instaiiea
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: This Development Construction Permit is for the installation of
all underground Water, Sanitary and Storm sewer, Curb and Gutter, cross pans with
aprons and pedestrian ramps only.
Permittees 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 Managers Signature: i Date: �� L
Approval for issuance:
City Engineer Approval: t,� \' ( t `"-- Date:
(Permit Issuance Date)
Development Construction Permit, Page 4/6
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Name, address and numbers
Project Name: Richards Lake
Project A.K.A.:
City Staff Contact Persons:
Development Engineer: Dave Stringer
Construction Inspector:
Current Planner: Steve Olt
Water Utilities Engineer: Roger Buffington
Erosion Control Inspector: Bob Zakley
Natural Resources: Doug Moore
Traffic Operations: Eric Bracke
Street closures: Sly Mireles
Transportation Planning: Tom Rief
Forestry: Ralph Zendt
Light and Power: Doug Martine
Developer' Contact Persons:
Project Manager: Dave Perkins
Developer: Richard's Lake L.L.C.
Owner(s): Same
Architect/Planner: N/A
Development Construction Permit, Page 5/6
Project Engineer: Intermountain Engineering
General Contractor:
or All Other Contractors:
Water, Storm and Sanitary Sewer: Bragg Excavation
Concrete - flat work: Thoutt Bros.
Concrete for structures: Bragg Excavating
Paving: Connell Resources
Landscape contractor: American Civil Contractors
Development Construction Permit, Page 6/6
LEFT INTENTIONAL BLANK
First National Rani<
of Cclorado
City of Fort Collins
300 LaPorte Avenue
Fort Collins, Colorado 3052 i
Dear Sirs:
3033 Iris Avenue
B,,ulder. CU 80301
Tu[ 303.544.7999
www.fnhconline.com
January 2, :Oil-'
We herehv establish, at the request and for the account of Richard's Lace LLC. A
Colorado Limited Liability Company, in your favor as beaenciari, our Irrevocabie Letter
of Credit No. -63-10'. in the amount of Four Hundred : orty Four Thousand One
Hundred T .iru dine Doilars and F'.fty C-ntS S444.13950) fas more fully described
below;. etfc rive immediateiy and expiring at the'"osc of banking business on January
`, _OOa at our office at 3033 Iris Avenue. Boulder. Colorado 30301.
This Letter of Credit is intended for the funding required for the Richard's Lake
Development Project ('Development Proiecr') :For the assurance of the completion of the
construction and the maintenance and repair of the public infrastructure in connection
.vith the aforesaid _ievelopmeni aroject and its associated development agreement and
development construction oerm t. Funds under this Letter of Credit are available to you
for one or more drawings prior to the close of business on January 22. 3004, against sight
drams in an aggregate cumuiative amount not to exceed 5414, 139.30. dated the date of
presentment. jr,w^ on our office referred to above, referrins thereon to the number of
acknowledged as therein provided in the form of Exhibit l hereto.
Presentation of such draft and certificate shall be made at our office referred to above.
Upon the earlier of (i i our honoring your draftf s) totaling $444,139.30 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 canceIlation. 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 consmlcted and accepted by the City. As components of the
infrastrcture ire satisfactorily completed in accordance with approved utility plans, the
vaiue of the completed components may be estahiished from the Development
Construe ion Permit votksheer tot determmia costs of :nfrastructure _onstruction and
n.n cC o n ees, W iic c upon ihe amount )I 'hll -carer of dui mat be :educed by the
11Lie 11 the omrltic 1 cot ironentts tnnn c cuton of a RcgL CJt of _Amendment to w4�
Later - l (_:edit' in the to , Livacheu ne.e.c as Exhibit 1. ��
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.
The Letter of Credit will be automatically extended without amendments for one year
from the present, and each future, expiration dote 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 o; 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 he 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).
rh BalIestYasse
President, Issuer
Issuing company name: First National Bank of Colorado
Address: 3033 Iris Avenue, Boulder, CO 80301
Phone numbers 303-443-9090