HomeMy WebLinkAboutEVERGREEN PARK REPLAT BLOCK 4 LOTS 7 AND 8 - Filed DCP-DEV. CONSTRUCTION PERMIT - 2008-10-23DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: OT — Wr Issuance Date: 74prel MAY 2008
Project Name: Import Auto Sales
Project Location: Lots 7 and 8. Block 4, Evergreen Park Replat No 1 located on Red Cedar
Circle
Permittee: Randolph Milan. Owner —1402 Catalpa 0., Fort Collins CO 80521
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) $ 200.00 (paid)
Construction Inspection Fee (paid prior to issuance of this permit) $ ti13.00(paid)
Total $ 813.00
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.
S 13,8836.26
Form of security deposited with the City: L.O.C. Home State Bank
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.
Home State
B A N K
ISSUE DATE: April 17, 2008
IRREVOCABLE LETTER OF CREDIT NO. 579
Beneficiary: Accountee:
City of Fort Collins Utilities Home State Bank
700 Wood Street 303 East Mountain Ave
P.O. Box 580 Fort Collins, CO 80524
Fort Collins, Colorado 80522-0580
Dear Sirs:
We hereby establish, at the request and for the account of Randolph and Debra Milan,
in your favor as beneficiary, our Irrevocable Letter of Credit No. 579, in the amount of
thirteen thousand, eight hundred eighty-three dollars and twenty-six cents ($13.883.26)
(as more fully described below), effective immediately and expiring at the close of
banking business on April 17, 2009. at our office at 303 East Mountain Ave. Fort Collins
CO 80524.
This Letter of Credit is intended for the funding required for the Import Auto Sales.
Towing and Storage 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
April 17, 2009, against sight drafts in an aggregate cumulative amount not to exceed
$13,883.26, 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 $13. 883.26 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.
(970) 203-6100
www.homestatebaiil,.com
300 E. 29th Street 935 N. Cleveland 1355 E. Eisenhower 2695 W. Eisenhower 303 E. Mountain - 3227 Timberlineeemea
Loveland. CO 80538 Loveland, CO 80537 Loveland. CO 80537 Loveland. CO 80537 Fort Collins. CO 80524 Fort Collins. CO 80525 FDIC
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.
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 any such reference shall not be deemed to incorporate herein by
reference any document, instrument or agreement except for such certificate and
draft(s).
Sincerely,
Debra Hersh
Vice President, Issuer
Home State Bank
303 E Mountain Ave
Fort Collins, CO 80524
970-203-6100
EXHIBIT 1
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 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 on behalf of the
City of Fort Collins this day of
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:_
[Title]
EXHIBIT 2
Request for Amendment or Release of Letter of Credit #
The City of Fort Collins certifies that the person signing below is authorized to execute
this Request for Amendment or Release to 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 or 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)
3. Construction time restrictions: Original signed Bank Letter of Credit must be received by 4-
11-08 or the permit will be revoked and a Stop Work Order issued on the project Construction of
the driveway access on College Avenue may not commence until a "Notice to Proceed" has been
issued by CDOT for State Highway Access Permit No 407118
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 ofthe 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
place and inspected by the City Erosion Control Inspector before any land disturbing activity begins.
11. No work (including grading) shall be started in State Highway right-of-way until a permit is
issued by the Colorado Department of Transportation to allow such work to begin.
12. Other conditions:
Permittee's acknowledgment signature:
By signing this permit I acknowledges that I am acting with the knowledge, consent, and authority of
the owners of the property (including all owners having legal or equitable interest in the real property, as
defined in Section 1-2 of the City Code; and including common areas legally connected to or associated
with the property which is the subject of this application) without whose consent and authority the
requested action could not lawfully be accomplished. Pursuant to said authority, I hereby permit City
officials to enter upon the property for purposes of inspection and, if necessary, to enter upon such
property to perform work required of the applicant if the applicant were to fail to perform the required
work. I also acknowledge that I have read this permit document with all its requirements and
conditions, and I agree to all of the terns and cond' ions so stated in this permit.
Applicant/Project Manager' s Signature: Date: /
Approval for issuance:
City Engineer Ap oval: C Date:
(Permit Issuance Date)
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Advance Auto Parts
City Staff Contact Persons:
Development Engineer: Randy Maizland
281 N. College Avenue, Fort Collins, Co 80524
(970) 416-2292
rmaizland@fcgov.com
Construction Inspector: Tracy Dyer
281 N. College Avenue, Fort Collins, Co 80524
(970)416-2011
Zoning Staff: Gary Lopez
281 N. College Avenue, Fort Collins, Co 80524
(970) 416-2338
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: Ward Stanford
625 Ninth Street, Fort Collins, Co 80524
(970)221-6820
Street closures: Syl Mireles
625 Ninth Street, Fort Collins, Co 80524
(970)221-6815
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
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Developer's Contact Persons:
Project Manager:
Randolph S. Milan
1402 Catalpa Ct.
Fort Collins, CO 80521
(970)556-0708
(970) 556-0708 cell
Fax (970) 416-8447
debmilanna aol.com
Owner: Randolph S. Milan
1402 Catalpa Ct.
Fort Collins, CO 80521
(970)556-0708
(970) 556-0708 cell
Fax (970) 416-8447
debmilanna aol.com
Project Engineer: Jerry — Stewart & Associates, Inc.
103 S. Meldrum Street
Fort Collins, CO 80522
(970) 482-9331
Fax (970) 482-9382
General Contractor: Joseph Zimmerman — Zimco, Inc.
5727 Green oaks Drive
Greenwood Village, CO 80121
(303) 797-2666
(720) 373-1406 cell
Concrete Contractor: Spike Hoffinan — Express Concrete, Inc.
PO BOX 273209
Fort Collins, CO 80527
(970) 225-1287
(970) 227-3940 cell
(970)229-0846 Fax
5of5
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1
DEVELOPMENT CONSTRUCTION PERMIT
APPLICATION
(1/16106)
For City use only: Application Number: Application Date:
Permit application fee: $. (Do
INSTRUCTIONS:
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 WFORMATION:
Project Name (as approved by the City):
Project A.K.A. (Marketing name if different from Project Name):
Project Location:
Property Owner(At the tirt� of this
Individual Name: 14rn rin
Company Name
Address: �ya� (l4}Q
Phone number(s):
Office:
Cellphone: Q — — Q
Fax number.
Email: dtblh J Q � D I -Sopt"
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): n. C I_ L. 1- ✓- 1
Individual Name:
Company Name :
Address: _I'(L),2 ( LL-t',g A—
Phone number(s):
Office:
Cellphone: -
Fax number: _
Email: 001, ('t7M