HomeMy WebLinkAboutRIGDEN FARM NORTHWEST ROADS - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-10-28Transportation Services
Engineering Department
City of Fort Collins, Colorado
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 65-Z i Issuance Date: _ 1V J 5 0s
Project Name: Rigden Farm NW Roads
Project A.K.A.:
Project Location: Southeast corner of Drake Road and Timberline Road
Permittee: Fred Croci, Wolverine Management Group, Inc., 970-225-9305
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) $ paid
Construction Inspection Fee (paid prior to issuance of this permit) $ 16,484.50
Total $ 16,484.50
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.
$ 404,326.55
Form of security deposited with the City: letter of credit
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
Permittce 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.
3. Construction time restrictions: N/A
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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
C The 60-day automatic one year renewal provision contained in the Letter of Credit is
no longer in effect.
11, 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
EN
CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
(Name and Title)
DEVELOPMENT CONSTRUCTION PERMIT
APPLICATION
(2/16/99)
use only: Application Number: Application Date:
Permit application fee: $ 300.00
CTIONS:
- " Complete tail form (some questions may not apply to vou) and attach all necessary documents and
-_ - submit to the Development Engineering Section of the City.
_ . - If you have any questions contact the Development Engineer, , at 221-6605.
Submit the Application and pay the Application Fee at the fee at the Engineering counter at 281 N.
College Avenue.
:T INFORMATION:
Tame (as approved by the City):
Rigden Farm Northwest Roads
Project A.K.A. (Marketing name if different from Project Name):
Project Location: Northwest % Section 29, Township 7 North, Range 68 West. City of Fort Collins, Latimer
County.
Property Owner(At the time of this permit issuance):
Individual Name: Fred Croci President of Wolverine Management Group inc and David
Pietenpol, President of Sierra Resources Corporation
Company Name :> igde Farm, r t C
Address:I Q2Z W Horset xtth 511ite')00 Fort Collins- Colorado 80526 _
Phone number(s):
Office: 970-225-9305
Fax number: 970-225-9709
Email:
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
proj ect):
Individual Name: John Sailer
Company Name: Construction Management Associates, Inc
Address:]1127 "' `gnrc to th C i't 1tl(l Flrt (' Ilinc�'nl radn Rf157Fi
Phone number(s):
Office: 970-204-1310
Cellphone:
Fax number: 970-225-9709
Email:
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; (3) required certifications from the licensed professional engineer that
improvements are completed to City standards, specifications and approved Utility Plans; and (4)
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.
1 l . No work (including grading) shall be started in State Highway right-of-way until a permit is
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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 terms and conditions so stated in this permit.
v
;; _
Applicant/Project Manager's Signature; lrJ
Date: ? 6�3
V,
Approval for issuance:
City Engineer Approv4I -�f2: i f '✓,-ice � 1 Date:
7 (Permit Issuance Date)
�-
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EXHIBIT `A'
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Rigden Farm NW Roads
Project A.K.A.:
Name, address and numbers
City Staff Contact Persons:
Development Engineer: Sheri Wamhoff
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6750 x7140
Construction Inspector:
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6605
Cell (970)
Current Planner: Steve Olt
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: Doug Moore
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6143
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
215 N. Mason St., Fort Collins, Co 80524
(970) 224-6140
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Forestry: Tim Buchanan
215 N. Mason St., Fort Collins, Co 80524
(970)221-6361
Light and Power: Monica Moore
700 Wood Street, Fort Collins, Co 80521
(970) 221-6700
Developer's Contact Persons:
Project Manager: John Sailer, Construction Management Associates, Inc.
1027 W. Horsetooth Rd, Suite 100, Fort Collins, Co 80526
(970)204-1310
Cell
Fax (970) 225-9709
Owner/Developer: Fred Croci, President of Wolverine Management Group,
Inc and David Pietenpol, President of Sierra Resources
Corporation
1027 W. Horsetooth Rd, Suite 200, Fort Collins, Co 80526
(970)225-9305
Cell
Fax (970) 225-9709
Project Engineer: Michael Brake, PE, PLS, JR Engineering, LLC
2620 E. Prospect Rd, Suite 190, Fort Collins, Co 80525
(970) 491-9888
Cell
Fax (970)491-9984
mbrake@Jrcngineerirq,,.com
General Contractor: Bill Nicholl, Gerard
1739 S. Couty Rd 13C, Loveland Co 80537
(970) 669-1463
Cell
Fax (970) 669-1964
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Bank of Colorado
9
A�i�-ust 3, 2005
City of Fort Collins
Engineering Department
281 N. College Avenue
Fort Collins, CO 80524
Dear Sirs:
We hereby establish, at the request and for the account of Rigden Farm, LLC, in your
favor as beneficiary, our Irrevocable Letter of Credit No. 7280001338, to the amount of
Four Hundred Five'rhousand Dollars (5405,000.00) (as more fully described below),
effective immediately and expiring at the close of banking business on November 5, 2005
at our office at 1609 East Harmony Road, Fort Collins, CO 80525.
This Letter of Credit is intended for the funding required for the Rigden Farm, LLC
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 November 5, 2005, against
sight drafts in an aggregate cumulative amount not to exceed $405,000.00, 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 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 $405,000.00 in the aggregate
presented on or before this Letter of Credit expires pursuant to the terms herein or (it) the
surrender to us by you of this Letter of Credit for cancellation, this Letter of Credit shall
automaticalty 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
n1rastricture are satisfactorily completed in accordance with approved utility plans, the
value of the completed components may be established from the Development
Constriction Permit %vorksheet 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 !'orm 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, 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 Leiter 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,
Cody W. Fullmer
Branch President, Issuer
Issuing Company Name
Address:
Phone Number:
Bank of Colorado
1609 E. Harmony Rd.. Fort Collins, CO 80525
(970) 2 06-1160
EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain
Irrevocable Letter of Credit Number 7280001338 dated August 3, 2005, established in
favor of the City of Fort Collins, Colorado (the "Letter of Credit"):
(a) F[e (She) is authorized to execute this Certificate on 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 S , 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 5405,000.00; and
(e) The Letter of Credit has not expired.
IN WITNESS WHEREOF, the undersigned has executed this Certificate on
behalf oFthe City of Fort Collins this day of
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
Title: