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Home My WebLink AboutHARMONY SCHOOL SHOPS SECOND - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-09-22City of Fort Collins, Colorado DEVELOPMENT CONSTRUCTION PERMIT Permit Number: +1- 412 Issuance Date: I i' `I cl Project Name: Harmony School Shops 2" Filing Project A.hE.A.: Project Location: northeast corner of Harmony Road and Timberline Road Permittee: Stanelv E. Whitaker, Jr, Western VII Investment LLC City and developer contacts: See attached Exhibit "A"for names and phone numbers of all contact persons for this project. Fees: Permit Application Fee $ 300.00 Construction Inspection Fee (paid prior to issuance of this permit) $7, 603.80 Street Cut Permit (paid prior to issuance of this permit) 5 319.00 Total $ 8,222.80 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. $ 103,282.00 Form of security deposited with the City: VJ 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 Pcrmittee 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 Perrmitee 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. 3. Construction time restrictions: K (A 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 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 au 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 shall thereafter promptly issue an amendment to the Letter of Credit corresponding to the change or changes requested in such certificate. This Letter of Credit shall be governed by the laws of the State of Colorado and is subject to the Uniform Customs and Practice for Documentary Credits, 1993 Revision, International Chamber Of Commerce Publication No. 500 as it currently exists. 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 drafts referred to herein; and any such reference shall not be deemed to incorporate herein by reference any document, insuumcnt or agreement except for such certificate and dralus). Sincerely, Ed Wilkins Vice President EXHIBIT 1 CERTIFICATE The undersigned hereby certifies as follows with respect to the certain Irrevocable Letter of Credit No. 3055 dated November 22, 1999, established in favor of The City of Fort Collins, Colorado (the "Letter of Credit'): (a) He (She) is authorized to execute this Certificate on behalf of The City of Fort Collins; (b) The developer, Western VII Investments, LLC is in default; (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 Western VII Investments, LLC Applicant/Developer; (d) The amount of the accompanying draft together with all previous draws under the Letter of Credit do not exceed in the aggregate Sl 03,282.00, and (e) The Letter of Credit has not expired. IN WITNESS WHEREOF, the undersigned has executed this Certificate on behalf on The City of Fort Collins this day of THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation M STATE OF COLORADO County of Larimer Title: Subscribed and sworn to before me this day of , 1999, by as authorized officer of The City of Fort Collins, Colorado. Witness my hand and official seal. Notary Public My commission expires EXHIBIT 2 Request for Amendment to Letter of Credit #3055 The City of Fort Collins certifies 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 provisions contained in the Development Construction Permit dated , and/or the Development Agreement dated between the City of Fort Collins (Beneficiary) and Western VII investment, LLC, a Delaware Limited Liability Company (Developer), the following: [Check applicable boxes] ❑ The Letter of Credit is to be reduced to $ C The expiration date of the Letter of Credit is revise to be CJ The 60-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 (Name and Title) 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 dale. 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, arc 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: (Vr� 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, t 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. Western VII Investment, LLC Applicant/Project Manager's Signature: Date: l dtO l61 Approvalforissuance: By. Western Propert Advisors, Inc. As duly authorized agent for Western VII Inve tmint, LLC PS anle E. Wh' e Sr., Vice President City Engineer Approval: bate: PPP cm (Permit Issuance Date) EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Harmony School Shops, 2"d Filing Project A.K.A.: City Staff Contact Persons: Development Engineer: Sheri Wamhoff 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6750 x7140 Construction Inspector: Ronda Henson 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6605 Cell (970) 217-4089 Current Planner: Ted Shepard 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6750 Water Utilities Engineer: Roger Buffington 700 Wood Street, Fort Collins, Co 80521 (970)221-6681 Erosion Control Inspector: Bob Zackley 700 Wood Street, Fort Collins, Co 80521 (970)224-6063 Natural Resources: Kim Kreimeyer 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6641 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: Kathleen Reavis 210 E. Olive, Fort Collins, Co 80524 (970)224-6140 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 Developer's Contact Person: Project Manager: Mark Van Ronk Schmidt Earth Builders Inc. 621 Sherry Drive. Fort Collins, Co 8052 (970)221-1837 Fax (970) 221-1868 Cell (970) 566-5606 Developer/ Owner: Western VII Investment LLC c/o Western Property Advisors 3555 Stanford Rd Fort Collins, Co 80525 (970)223-3933 Fax (970)223-4671 Swhitaker(a,westernpropertyadvisor.com Project Engineer: Stan Meyers PE 418060 Sear Brown Group 209 South Meldrum Fort Collins, Co 80521 (970) 482-5922 Fax (970) 482-6368 Cell (970) 690-9325 Stan. meversgsearbrown.com General Contractor/ Mark Van Ronk Grading Contractor/ Schmidt Earth Builders Inc. Utility Contractor: 621 Sherry Drive. Fort Collins, Co 8052 (970) 221-1837 Fax (970) 221-1868 Cell (970) 566-5606 2 Concrete flatwork: Paving Contractor: Marshall Erickson Express Concrete 5305 S. County Rd. 9 Fort Collins, Co 8052 (970)225-1287 Fax (970) 229-0846 Cell (970) 566-0345 Mark Stanley Lafarge P.O. Box 2187 (970)407-3629 (970) 407-3900 Landscape Contractor: Allen Patterson University Lawn and Garden 7852 Vantage View PI (970)223-7576 Cell (970) 217-4077 11/10/33 11:1.17 VAS u7U 462 1101:15 'Elm 5k AR-HKUwN UKUUr 4yUU[ HARMONY SCHOOL SHOPS SECOND FILING FORT COLLINS, COLORADO Nw. 16, 1999 L110ee\21Ba6ndi4yO0y Edn lk, brmadalBheen DESCwpnON UNITSOP ESTIMATED NFRASmUCTUM TOTAL NSPEanoN TOTAL (LIST ALL PUBLIC AND APPLICALBLE MEASURE QUANTITY C01,I3TRUCTION ESTIMATED FEEPERUNrr INSPECTION PRIVATE WROVEMEN131 (PROMOEDBYTHE CAST PER UNIT INFRBTRUCTURE (PROVIDED FEE PROJECT 6NCINMR) CF MSASURF COST BY THE elm Storm Sewer 1 24' NRCP LF. 104 STIm $41.956 Sam 7 Randolmd cmpeM Plpa(Tem) LP. 11" 30.m $am Sam.40 3 TroIC, LP. 1154 indlnpbe Sam SOCA0 4 CO lw N,s d wag C.Y. 22 Ta00A0 3490 Sam $6.60 5 4-mamba Eom 4 S1Awma 56.00o 390.m $360.00 5 2Tddde Pan SF. leas $4.75 Sa.721 S0.10 9103m Water and Sanitary Sewer I O'Sanibry swnrptin L.P. I= ( =00 537.e4P $0.60 $1.11120 2 walef Mlne-DIP LF. 970 12520 324.= 30.0 MUM 3 Tmnm LF. 2022 Id In Pipe tam Si A9620 4 V Sewer G"m Una SOIO am I rn0.00 Srso $60m Ss9.m 5 C emw 15"ce Line slut Eem 4 S7®.m vkw0 Slum $240.00 6 irDIP LF. 1M sn'00 =12 talm sea,la 7 S water BiwM lane Blob w49Ppine 11ecvc, EPch S STw.00 S3,750 Seam 30a0.00 apNnOvane,tmerpt.am mm uap a mrdt 6 175 + 550.00 StI$120.00 9 Fia Hydrant Fm Hyd Each A ezAmaO mow 10 Each 7 7 512mDa $we 00.00 �0.00 $030.00 wMialvs tf 8'Gvle Valyn EOta 8 3660.m sima 51,W0 $epm $IwX0 511mAa lz wCab Valm Pam 3 11100.00 $2,4m Sm.m $160.00 13 MetarPit(7') Elm 1 $1Aman S7.500 330.00 330.00 1A Fee, Each a T44am $2,440 33a.m 6190Aa 13 Maw wn Cbnedi. Each 2 $5m.m $1.100 $0.00 le l51wwet Tapw.Ct1ppIJ10 a am 1 54,50p.00 �$4.500 S0.00 Total Public Improvements 1O3,W2 TOTAL INSPECTION FEE; i i E7,tSO3EO Private Infrastructura i 1 Curb and Oumr L.E. 7m SIZm $9A24 3 25'Radhies Each 2 $7.155D0 - =10 0 cbe mto pars Pin SF. on $4.56 3249 4 S Cmmle Parng SF. 2705 Me i $10.095 5 A4meBPal4na S.Y. 076 $14.76 Si0.3n1 Total Private Irlrrastructura SSD.t37 ti ®First National Bank IRREVOCABLE LETTER OF CREDIT NO.3055 November 22, 1999 City of Fort Collins, A Municipal Corporation 300 LaPorte Avenue Fort Collins, CO 80521 Dear Sirs: NU" office zo5 oak Sven LO. B-- 178 Pore 0,11" s, CO 8.,z -8 970_48' 4861 We hereby establish at the request and for the account of Western VII Investment, LLC, a Delaware Limited Liability Company, Applicant/Developer, in your favor as beneficiary, our Irrevocable Letter of Credit No. 3055, in the amount of One Hundred Three Thousand, Two Hundred Eighty -Two and 00/100 Dollars ($103,282.00) (as more fully described below), effective immediately and expiring at the close of banking business on November 22, 2000, at our office at First National Bank, 205 West Oak Street, Fort Collins, CO 80521. This Letter of Credit is intended for the funding required for the Harmony School Shops, Second Filing Development Project ("Development Project") :or 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 in one or more drawings prior to the close of business on November 22, 2000, against sight drafts in an aggregate cumulative amount not to exceed S103,282.00, 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 I hereto. Presentment 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 $103,282.00 in the aggregate presented on or before this Letter of Credit expires pursuant to the terms herein or (11) 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 of Foil Collins. As components of the infrastructure are