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HomeMy WebLinkAboutPARK SOUTH COMMERCIAL PLAZA FOURTH - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-08-03City of Fort Collins Transportation Services _ Engineering Department DEVELOPMENT CONSTRUCTION PERMIT Permit Number: 05-11 Issuance Date: S 2 C', Z. C` C' S Project Name: _ Park South Commercial Plaza, 4`h Filing, Phase 1 _ Project A.K.A.: _ Horsetooth Carwash, Tidal Wave Carwash Project Location: _ West Horsetooth Road between Auto Zone and Carmike 10 Theatre Permittee: Rhev Wright. Tidal Wave Carwash 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 Construction Inspection Pee (paid prior to issuance of this permit) $ 584.00 Total $ 884.00 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. $ 11.083.50 Form of security deposited with the City: L.O.C. TWCW00002 Western States Bank PERFORMANCE REQUIREMENTS OF THIS PERMIT: 1. Mel'. mittee shall be responsible to require their Project Engineer to incorporate into all design d--;ng, ,:nd specifications the certification of all materials testing by an Engineer. The Permittee ! i i ,m Engineer prepare revised design drawings and secure City approval for all revisions to the Utilitv 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 "ingineer' 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. 1, 2005 WESTERN STATES City of Fort Collins Engineering Department 281 N. College Ave. Fort Collins, Colorado 80524 Dear Sirs: 0 We hereby establish, at the request and for the account of Tidal Wave Car Wash, Inc., in your favor as beneficiary, our Irrevocable Letter of Credit No. T WCW00002, in the amount of Eleven Thousand Eighty-three and 501100------------------------------------- Dollars ($11,083.50) (as more fully described below), effective immediately and expiring at the close of banking business on May 4, 2006, at our office at 1520 East Mulberry, Fort Collins, CO 80524. This Letter of Credit is intended for the funding required for the Phase 1, Park South Commercial Plaza, 4t' 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 May 4, 2006, against sight drafts in an aggregate cumulative amount not to exceed $11,083.50; 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 $11,083.50 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 . Page 1 of 2 PHONE. 970224A 300- i iX 97F224.1 PHONE. 970330.Ij00-FAX. 970.530.1E 1630 N01r:I1 i:OLLLGE AVENUE P.O. BOX14� 1i20 EAST 'AULBERRY STREET FORT �OLIA VS..OI OR VIM 80�24-1119 FORT COL:.I NS CO 80322-014; FORT COLLISS COLORADO 80324-3301 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 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 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). Sincerely, Lawrence P Meier Regional President Western States Bank Issuing company nanae: Western States Bank Address: 1520 East Mulberry Fort Collins, CO 80524 Phone Number: (970)530-1500 Page 2 of 2 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 of 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 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 610-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) DEVELOPMENT CONSTRUCTION PERMIT APPLICATION (2/ 16/99) For City use only: Application,Vumher: _ Application Dater permit application fee: S 300.00 INSTRUCTIONS: I . 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. _. If you have any questions contact the Development Engineer T/c A L�c at 221-6750 3. Submit the Application and pay the Application Fee at the fee at the Engineering counter at 281 No. College Avenue. PROJECT INFORMATION: Project Name (ass approved by the City): 1Cl�.0 W 37- 9-5/ F_ --PA ty �o_ :�c141 Project A.K.A. (Marketing name if different from Project Name): �/d 4 c 1AM 12 Project Location: I'J(/. /�oa�F.�707/fi Y�ON;d /��icalydr>i.�/ Property Owner(At the time of this permit Individual Name: Company Name : Ali.4 t- Address: SZ 3? F Phone number(s): Office: Cellphone: 't Fax number: /✓.4S Email: / Applicant/Project Manager (The primary contact person for all matters regarding this project, and the person responsible for all matters reference/,1"the Developer" in the Development Agreement for this project): Ili. _ I Z, ., .� 0— Individual Name: Companv Name : Address. .S '2 3 Phone number(s): Office: Cellphone: fax number: /✓�_ Email y0 C40, cKAAf— Permittee (Person who is to sign the Developnstructlon Permit): ment Individual Name: m r-L'- lAl'g Company Name : Address: Phone nurn bcrts): Office: Cellphone: _ Fax number: Email: PC S �4ov6z 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 providing as -constructed plans): �/� Individual Name: / �i /C ta � K D.4c f—C l� Company '. B.mC : I /U be I f" J I Address: ZOOr.o em r2 Phone number(s): Office: c%O G43% Cellphone: (] —o(-gR73 Fax number: O - A % - // Email: A OA r if S"A. C.. c) Wc-s 6 . /✓ c i Professional License Number: 3 1 3 D (- Architect/Planner (The person responsible for the site design of this project) Individual Name: Company Name : Address: Phone number(s): Office: g%-70 =iB'Z7 S Cellphone: Fax number: 7 ' Email: Developer (The party or parties referenced in the Development Agreement who are responsible for the Developer's obligations contained in the Agr,�j ent-add additional names below): Y Individual Name: 'grit re- >e I /o M-f Company Name : Address: Phone number(s): Office: Cellphone: Fax number: Ismail: *Lt r• 4 S General Contractor (The contractor n overall charge of the public infrastructure construction): Nm Individual ae: 11 01-� L--5 Company Name : ' e Ti c— Address: F c?, S Phone numher(s): Office: 2 -z Cellphone: %'7 Fax number: C) 70 Z Entail: ,) QC_ (�, t� 6e 1-1eC' EelP+A If you have no General Contractor, list all other contractors below. Grading; contractor: Individual Name: Company Name Address: _ Phone number(s): Office: Cellphone: Fax number: j �✓ W Email: Utility contractor: Individual Name: Company Name : — Address: _ Phone number(s): Office: Cellphone: _ Fax number: Email: Concrete contractor for flat work: Individual Name: Company Name: Address: _ Phone number(s): Office: Cellphone: Fax number: Email: Concrete contractor for structures: Individual Name: Company Name Address: Phone numher(s): Office: Cellphone: Fax number: Email: Paving contractor: Individual Name: Company Name : — Address: _ Phone number(s): Office: Cellphone: _ Fax number: Email: Landscape contractor: Individual Name: Company Name : — Address. _ Phone number(s): Office: Cellphone: _ Fax number: Email: Other contractors and parties involved in the project: SUBMIT THE FOLLOWING ITEMS (Required for all projects): • 81/21,xI I" copy of the Site Plan • Proposed Project Schedule • Project quantities and cost estimate for all of the public improvements to be constructed. In addition, include all private improvements that are required to be inspected by the City Construction Inspectors. This information must be submitted in the format shown on the attached form titled "Project Quantities and Cost Estimate Sheet." ADDITIONAL SUBMITTALS (Required if checked): ❑ Traffic control plan(s) for the project ❑ Proposed haul routes shown on a City map ❑ Shop drawings Other CONSTRUCTION COORDINATION MEETING: A construction coordination meeting to discuss plans and special requirements for your project, is required for all development projects. The people Iequired to attend the meeting are the Project Manager. Project Engineer, Developer_ Architect/Land Planner and (jeneral Contractor ( if no L_;eneral C,mtractoc representatives for each of the contractors expected to work on this project) People to Attend: List the peoples names and titles for those who will attend the pre - construction mecnng: Name Title ,Asqle ESTIMATED COST OF INFRASTRUCTURE IMPROVEMENTS: Provide the estimated value of all public infrastructure improvements that will be constructed and accepted by the City to own and maintain. In addition provide the value of all private infrastructure improvements that the City will inspect and require certification for. The estimate shall be in the same format as the attached sheet titled "Project Quantities and Cost Estimate Sheet." Public infrastructure, estimated cost: Private infrastructure, estimated cost. $ 9 2 d220 I certify that the information on this permit application along with the required additional submittals are true and correct to the best of my knowledge, and -.hat in tiling this application I am acting with the knowledge, consent, and authority of the owners of the property (including all owners having legal or quitable interest in tlic real property, as defined in Section ! ? 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�,� / Applicant SignatureC44W Date:-. 1- w w 2 w w Q F- y w r N O U 0 z cin w r F z Q 7 Q i- U W O w a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 33 0 0 cccccccccccc3333������ ¢o� 0 v o�ri u,00 000000000 oeD Q I H� J z O U z_ F- w aw m IL IL r o z LL z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 t n 0 0 0 O l n M J �•'�- r � Z z oori ri ri ri c» e» c» en o o 00000rio vi ui� e» va o o � oo F» is en is ca F» cJ to p 00w0 i»i» r rixow U W > S w W a O ~ w LL W WCLM Z > zLL_ O O 0 0 0 0 0 0 o o �n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 F= U m CL W S oo�000 000c000000 0o�D c{•io Wa w L) ro yr N - r w » » » Z > J Q Q a Q �Qr F- of LL u) w O W Z U O > W = 0 0 0 0 0 0 O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 YO o 0 0 O O O N O 0 0 in O L w a � Z r wr iv o�ri 000 r> <» �n u> v� 000vo o 000ui v� F» F» F» c» u> oo e> oovi�viov ua u> i» is f3 U S ro- r r NO Hj EA NtA w p 0 Ua' F-J a'DSN�W (n F- LU Q O U a W� Izzurig ' Z � LLOOLLOa OCL U w ~m N Z U U O Q U �V QYV 0 LL o w Z w S —U O z J Y W m J 13 �V a7> r p' J Z O Q �=—O F O Q ~Q Z Q a U N�K ap La a z Zn O Z m iy W O M (n S S ti li>Y UU =_____= LLLLLLUUUUUUU w LLLLli}} Y r J J U U a Q J J J Q Q Q Q Q Q Q J V J J J V V O Z W W W w w w w w W W U LL C s Zen m O > W U OW m m� LU J a cn y U z a Q z O U U . -. N N Ix W r A ❑ W O- U N J .O- O d .� W U) W E Q W U> N — o U U cn .� ru _Z Y w m > LL Oz E O Jw m 30 > m e °� ~ o a 33: E a'_ a J o U z m a o E `m m '' Q L Oaf r u`iU °'- a ry = j �` m m c °' - c c_ V) U .m m co� C= D m C wr r 3 J W a J r u) ` ~ N .- CO T -m N a (n 0) d U N� m Q LLI N a' Q Q U r> E O t m N 0 O O c m U S L N N y ._ 2 N N c 0 E E U c N y I> m O N > 2 X r Y !n (n R c c O ` c m — m o c c> N c > m d m m �p m o m N m 0 m N O_ 0 a z d ❑ J d > u) a' H U> Q cn > H lL LL> V1 LL U LL Q U Development Construction Permit, Page 2/66 3. Construction time restrictions: 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 tojustify 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- 67E 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. fhe City Erosion Control Inspector must be notified at least twenty-four (24) hours prior to any Development Construction Permit, Page 31') 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 1 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 dciined 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: _ T Date: '" l 1 Approval for issuance: City ingineer Approval L - Date: 51 2012C'( (Permit Issuance Date) Development Construction Permit, Page 4/�'? EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Name, address and numbers Project Name: Park South Commercial Plaza 4`h Filing, Phase 1 Project A.K.A.: Horsetooth Carwash, Tidal Wave Carwash City Staff Contact Persons: Development Engineer: Katie Moore, 281 N. College Ave., Fort Collins, CO 80522 (970)221-6605 Construction Inspector: 1281 N. College Ave., 221-6605 Current Planner: Steve Olt, 281 N. College Ave., 221-6750 Water Utilities Engineer: Roger Buffington 700 Wood Street, Ft Collins, CO 80521 970 221-6854 Stormwater Utilities Engineer: Glen Schlueter 700 Wood Street, Ft Collins, CO 80521 970 224-6065 Erosion Control Inspector: Bob Zackley 700 Wood Street, Ft Collins, CO 80521 970 224-6063 Natural Resources: Doug Moore 281 N. College Ave, 221-6750 Traffic Operations: Eric Bracke 970 224-6062 Street closures: Syl Mireles 625 Ninth Street, Ft Collins, CO 80524 970 224-6815 Transportation Planning: Kathleen Bracke 215 N. Mason St, Ft Collins, CO 970 224-6104 Development Construction Permit, Page 5445 Forestry: Tim Buchanan 215 N. Mason St, Ft Collins, CO 970 221-6641 Light and Power: Doug Martine 700 Wood Street, Ft Collins, CO 80521 970 224-6152 Developer' Contact Persons: Project Manager/ Owner/Developer: Architect/Planner: Project Engineer: General Contractor: Rhey Wright Tidal Wave Carwash 5237 Fox Hills Drive 970 481-3349 rheyw@comcast.net The Architects Studio 151 W. Mountain Ave. Fort Collins, CO 970 482-8125 fax 970 482-8450 Tricia Kroetch North Star Design, Inc. 700 Automation Drive #1 970 686-6939 cell 970 481-9873 fax 970 686-1188 north starna.awest.net PE license 31306 Dave Carlson Cottier Construction PO Box 1051 970 221-4621 c 970 566-1087 f 970 221-4656 d av e c@ l o g kn ow l e d ge. c o m tiE N s J L! M Ilk ,Ns VArl,i;i i ��{u Y z n Y O 5 g'^ g z g II A .-.. q..e s� lµ •jF � 4 s � X F T PARK SOUTH COMMERCIAL PLAZA SUBDIVISION pf6 �� �f Tidal W.Y. Car Wmh ., ., ,,.. F- ...., .,. 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