HomeMy WebLinkAboutSHOPKO PUD TRACT B - Filed DCP-DEV. CONSTRUCTION PERMIT - 2006-06-16DEVELOPMENT CONSTRUCTION PERMIT
Vumber: 04-05 Issuance Date:
Name: Shopko, Pad B
4.K.A.: Boardwalk Plaza
rrojecr Location: _ 140 East Boardwalk Drive
Permittee: Daniel R. Bernth
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) $ PAID
Construction Inspection Fee (paid prior to issuance of this permit) $ 1, 608.60
Total $ 1,608.60
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.
$ 53,729.01
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 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.
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Main Off:ce
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IRREVOCABLE LETTER OF CREDIT NO. 3321
City of Fort Collins
Engineering Department
281 North College Avenue
Fort Collins, Colorado 80524
Dear Sir or Madam:
We hereby establish, at the request and for the account of Richard Scott Wuerker and
Daniel R. Bernth in your favor as beneficiary, our Irrevocable Letter of Credit No. 3321,
in the amount of Fifty -Three Thousand Seven Hundred Twenty -Nine Dollars and
One Cent, ($53,729.01) (as more fully described below), effective immediately and
expiring at the close of banking business on April 5, 2005, at our office at 205 West Oak
Street, Fort Collins, Colorado.
This Letter of Credit is intended for the funding required for the Shopko PUD (140 East
Boardwalk), 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 5, 2005
against sight drafts in an aggregate cumulative amount not to exceed $53,729.01, 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.
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 $53,729.01 in the aggregate
presented on or before this Letter of Credit expires pursuant to the terms herein or (ii) the
surrender to its 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 constricted 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 maybe 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
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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.
phis letter 01'cre:31t shall be subject to the Uniform Commercial Code as in effect in the
Statc of Colorado, and, to the extent not inconsistent with the terms of this Letter of
Credit and the C nifoen; Coin nercial 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 within 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 forni 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; any such reference shall not be deemed to incorporate herein by
reference any document, instrument or agreement except for such certificate and draft(s).
Since ly,
Todd K. Ca pbe
Vice President
First National Bank
970-495-9482
Acknowledged and Accepted
Richard Scott Wuerker
Daniel R. Bernth
EXHIBIT 1
CERTIFICATE
The City of Dort Collins hereby certifies as follows with respect to the certain [rrevocable
Letter of Cre dit No. 3321 dated April 5, 2004, 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 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 Richard Scott Wuerker and Daniel R. Bernth;
(d) The amount of the accompanying draft together with all previous draws under
the Letter of Credit do not exceed in the aggregate S ; 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
(Title)
EXHIBIT 2
Request for Amendment or Release of Letter of Credit #3321
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 S
_, 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 S
(current value).
Release Letter of Credit.
In witness whereof, the undersigned has executed this certificate on behalf df 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
a
Permit Nwnber: 04-05 Issuance Date:
Project Name: _ Shopko, Pad B
Project A.K.A.: Boardwalk Plaza
Project Location: 140 East Boardwalk Drive
Permittee: Daniel R. Bernth
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) $ PAID
Construction Inspection Fee (paid prior to issuance of this permit) $ 1 608.60
Total $ 1,608.60
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.
$ 53,729.01
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 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 Pemnttee 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 2/6
3. Construction time restrictions:
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 tojustify the granting of the extension.
An extensio:a 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
Development Construction Permit, Page 3i6
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 I_ 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: The building permit for Building, One may not be issued until the
existing storm line has been removed, relocated, accepted by the City and the old easementhas been
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 conditions so stated in this permit.
i
Applicant/Project Manager' s Signature: �t • L Date:
Approval for issuance:
City Engineer Approval: � Date: �_
(Permit Issuance Date)
Development Construction Peanut, Page 4; 6
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Shopko, Pad B
Project A.K.A.: Boardwalk Plaza
City Staff Contact Persons:
Development Engineer: Susan Joy, 281 N. College Ave., Fort Collins, CO 80521
Office 970-2,21-6605 Fax 970-221-6378
Email: s�o 2�fceov.com
Construction Inspector: Rhonda Henson, 281 N. College Ave., Fort Collins, CO
80521
Office 970-221-6605 Fax 970-221-6378
Email: rhenson ri�fc oy.com
Current Planner: Steve Olt, 281 N. College Ave., Fort Collins, CO 80521
Office 970-221-6750 Fax 970-416-2020
Email soltGz4c�ov.com
Water Utilities Engineer:
Erosion Control Inspector: Bob Zakely, 700 Wood Street, Fort Collins, CO 80521
Office 970-224-6063 Fax 970-221-6619
Email: bzakcly fc<zov.com
Natural Resources: Doug Moore, 281 N. College Ave., Fort Collins, CO 80521
Office 970-221-6750 Fax 970-416-2020
Email: dmooreCi4egov.com
Traffic Operations:
Street closures: Syl Mireles, 626 Linden Street, Fort Collins, CO
Office 970-221-6815 Fax 970-6282
Email: smirelesC6Lfcgov.com
Development Construction Permit, Page 5 6
Transportation Planning: Tom Reiff, 215 N. Mason, Fort Collins, CO 80521
Officc 970-416-2040 Fax 221-6239
Email: trcifFa fc,_>ov.com
Forestry: Ralph Zentz, 215 N. Mason, Fort Collins, CO 80521
Office 970-224-6302 Fax 970-221-6586
Email: rzcntzCcLfc(Yov.com
Light and Power: Doug Martine, 700 Wood Street, Fort Collins, CO 80521
Office 970-224-6152 Fax 970-221-6619
Email: dmartinc c fegov.com
Developer' Contact Persons:
Project Manager: Daniel R. Bernth, Doberstein Lemburg Commercial Inc., 702 W.
Drake Road, Bldg E Ste B-102, Fort Collins, CO 80526
Office 970-221-1965 Cell 970-567-4326 Fax 970-221-1966
Email: danbernth@frii.com
Developer: Daniel R. Bernth, Doberstein Lemburg Commercial Inc., 702 W. Drake
Road, Bldg E Ste B-102, Fort Collins, CO 80526
Office 970-221-1965 Cell 970-567-4326 Fax 970-221-1966
Email: danbemth@frii.com
Owner(s): Same as Developer
Architect/Planner: Carr Bicker, The Architect Studio, 151 W. Mountain Ave, Fort
Collins, CO 80524
Office 970-482-8125 Fax 970-482-8450
Email: cb@the-architects-studio.com
Project Engineer: Tricia Kroetch, Northstar Design, Inc., 700 Automation Way, Unit I,
Windsor, CO 80550
Office 970-686-6939 Cell 970-481-9873 Fax 970-686-1188
Email: northstar@qwest.net
Development Construction Permit, Page 66
General Contractor: Leon McCauley, R.C. Heath Construction Co, P.O. Drawer H,
Fort Collins, CO 80522
Office 970-221-4195 Cell970-566-2282 Fax 970-221-2907
Email: leonCa%heathconstntction.com
\ a : / / SHOPKO RC E,TRACT
B