HomeMy WebLinkAboutFOSSIL LAKE RANCH SIXTH PLANK PLD AND PD - Filed DCP-DEV. CONSTRUCTION PERMIT - 2007-11-26DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: - c3 9 Issuance Date: #40-7---
Project Name: Plank PLD & PD
Project Location: SE comer of Kechter Rd and Zieeler Rd.
Permittee: Stanley K. Everitt —Kase 's Garden LLC. 3030 S. Coll e a Ave. Fort Collins
CO 80525
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) $ 400.00 (paid)
Construction Inspection Fee (paid prior to issuance of this permit) $ A?�736g 7S CPnro�
Total $,/0j1.l8.75..
Development Bond or other approved security:
Amount of security deposited with the City to guarantee the completion o all public
improvements to be constructed as shown on the approved plans for the development.
$ 314 247.25
Form of security deposited with the City: L.O___ C_
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,
EXHIBIT 2
Request for Amendment or Release of Letter of Credit #3752
The City of Fort Collins certifies that the person signing below is authorized to execute
this 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.)
0 The Letter of Credit is to be reduced to $
0 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
(current value).
Release of Letter of Credit.
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
Title
STATE OF COLORADO)
COUNTY OF LARIMER)
Subscribed and sworn to before me this day of , by
, as authorized officer of the City of Fort Collins.
Witness my hand and official seal.
Notary Public
My Commission Expires:
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DEVELOPMENT CONSTRUCTION PERMIT
APPLICATION
(1/16/06)
For City use only: Application Number: Application Date:
Permit application fee: $ 400.00
eh oCDC) log
INSTRUCTIONS: 1 —ZS —0-*-
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 INFORMATION:
Project Name (as approved by the City):
Plank PD and PLD being the 6th Filing of Fossil Lake Ranch
Project A.K.A. (Marketing name if different from Project Name):
6th Filing of Fossil Lake Ranch
Project Location: The comer of Kechter and Zieglar Roads, bordering the Fossil Lake Ranch
Property Owner (At the time of this permit issuance):
Individual Name: Stanley K. Everitt
Company Name : KacPy'c Garden r T C
Address: 3030 S. College Avenue. Fort Collins. CO 80525
Phone number(s):
Office: _(970) 226-1500
Cell phone: _(970) 222-4151
Fax number: _(970) 223-4156
Email: _stane@everittcompanies.com
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):
Individual Name: Aaron Everitt
Company Name: sey's Garden, r r r
Address: 3030 S. Colleee Avenue.
Phone number(s):
Office: _(970) 226-1500
Cellphone: _(970) 567-1924
Fax number: _(970)223-4156
Email: _aarone@everittcompanies.com
Permittee (Person who is to sign the Development Construction Permit):
Development Construction Permit, Page 2/5
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 hermit 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; 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 3/5
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 conditions so stated
in this permit.
Applicant/Project Manager' s Signature: ��� Date: ZI O
Approvalforissuance:
City Engineer Approval Q tC C c Date: -:7)/ =' 6; 7
(Permit Issuance Date)
Development Construction Permit, Page 415
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Plank PLD & PD
City Staff Contact Persons:
Development Engineer: Randy Maizland
281 N. College Avenue, Fort Collins, Co 80524
(970) 416-2292
rmaizland@fcgov.com
Construction Inspector: Lance Newlin
281 N. College Avenue, Fort Collins, Co 80524
(970) 416-2011
Current Planner: Steve Olt
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6314
Water Utilities Engineer: Roger Buffington
700 Wood Street, Fort Collins, Co 80521
(970)221-6700
-SA`1 13A2�#Z -
Erosion Control Inspector: Unknown at this time, call number provided
700 Wood Street, Fort Collins, Co 80521
(970)224-6063
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: David Averill
210 E. Olive, Fort Collins, Co 80524
(970) 416-2643
4of5
Development Construction Permit, Page 515
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 Persons:
Project Manager: Aaron Everitt, Kasey's Garden, LLC
3030 S. College Ave., Fort Collins, CO 80525
(970)226-1500
Fax (970) 223-4156
aarone(�everittcompanies.com
Owner: Stanley Everitt, Kasey's Garden, LLC
3030 S. College Ave., Fort Collins, CO 80525
(970)226-1500
Fax (970) 223-4156
stane _ everittcompanies.com
Developer: Stanley Everitt, Kasey's Garden, LLC
3030 S. College Ave., Fort Collins, CO 80525
(970)226-1500
Fax (970) 223-4156
stane( )everittcomoanies.com
Project Engineer: Nick Hawes
Northern Engineering
200 S. College Ave., Fort Collins, CO 80521
(970)221-4158
Fax (970) 491-9984
nick(Z�northemengineeringcom
Architect: Jim Birdsall, The Birdsall Group
23111 County Line Road, Berthoud, CO 80513
(970) 532-5891
Fax 532-5759
jimbirdsallaa skvbeam.com
5of5
4L
FOSSIL LAKE RANCH
January 23, 2007
Randy Maizland, City of Fort Collins
c/o Everitt Companies
3030 South College Avenue
Fort Collins, Colorado 80522
Dear Mr. Maizland,
Please accept this as confirmation from the Board of Directors at Fossil Lake Ranch
Homeowners Association that Board Member Rita Gordon acted on behalf of the entire
Board of Directors when signing the document titled Plank PLD & PD Development
Agreement. This was based on previous meetings of the Board of Directors and it was an
approved action.
Please do not hesitate to contact either of us at any time if you desire further information
regarding this matter.
Sincerel
odd Galbate, President — 970.226.3360
Fossil Lake PUD Homeowners Association
Brian Cass, Vice -President — 970.282.9159
Fossil Lake PUD Homeowners Association
C/O COLORADO ASSOCIATION SERVICES
702 WEST DRAKE ROAD, BUILDING B, SUITE I
FORT COLLINS, COL ORADO 80526
NVWWASSOCIACOLORAD( ).CUM
PI [ONE- 970.407.9990 FAX 97040T9996
Boardwalk Office
Dealer Department
a) First National Bank P.O. Box272500
Fort Collins, CO 80527-2500
970.282.9695
Date: March 9, 2007
City of Fort Collins
Engineering Department
281 N College Ave
Fort Collins, CO 80521
Dear Sirs:
We hereby establish, at the request and for the account of Kasey's Garden, LLC, a
Colorado Limited Liability Company, in your favor as beneficiary, our Irrevocable Letter
of Credit No. 3752, in the amount of Three hundred fourteen thousand two hundred forty
seven and 25/100 Dollars ($314,247.25) (as more fully described below), effective
immediately and expiring at the close of banking business on March 9, 2008, at our office
at 155 E. Boardwalk, Fort Collins, CO 80525.
This Letter of Credit is intended for the funding required for the Kasey's Garden Project
for the public improvements 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 March 9, 2008, against sight drafts in an aggregate cumulative
amount not to exceed $314,247.25, 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 $314,247.25 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.
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 notices 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 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 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 or draft(s).
Sinc el ,
�za
Catherine E. Costlow
Vice President
First National Bank
STATE OF COLORADO)
COUNTY OF LARIMER)
Subscribed and sworn to before me this day of
C '. (� _ as Vice President First National Bank.
by ('� is �� . tY P�6
Witness my hand and official seal. \ J. 1
Notary Public ...........
�.•
A,'
My Commission Expires: - d � ° Q`
MY COM A28, EXPIRES:
EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain
Irrevocable Letter of Credit No. 3752 dated March 9, 2007, 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
0
STATE OF COLORADO)
COUNTY OF LARIMER)
Title
Subscribed and sworn to before me this day of by
, as authorized officer of the City of Fort Collins.
Witness my hand and official seal.
Notary Public
My Commission Expires: