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Home My WebLink AboutFOX MEADOWS BUSINESS PARK THIRD - Filed DCP-DEV. CONSTRUCTION PERMIT - 2008-02-13Transportation Services Engineering Department DEVELOPMENT CONSTRUCTION PERMIT FermitArumber: _. 07 3_�j7 Issuance Date: iOL.-5/ 7 Project Name: Fox Meadows Business Park No. 3 _ Project Location: __southeast corner of Bighorn Drive and Timberline Road Permittee: —Brinkman Partners 3c�o City and developer contacts: See attached Exhibit "A" for names and phone numbers of all contact persons for this project. Pees.— Permit Application Fee (paid at the time of application) $ 400.00 pd. Construction Inspection Fee (paid prior to issuance of this permit) $ 2.24�_____ Total $ 2,642.60 Development Bard 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. 146,114_00_ 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. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378 www.fcgov.com I el. iJlti'STF-UL i t Jl`! P? ]th IT (_/1titw) aCitt'rrsenxi't::ipptrcauairllr[rr;;hnr: apphcntratDarn: Permit applicatie n fee: S 400.00___-_ i:K,TwgfI(71-, ivy I. Complete Ibis fhrm (SOIt1C yucstions mm- not apply to you) and mulch all ncccssai..N documents and submit In tite Development IinginceiinL Section of the Cih-. �. Ifyou have a[IN' questions eonlncI the Development [nainee1 to 7_] 1-6 7511. _. Submit the Appliention and pay the Application bee at the fee at the IllEineerine connter at -�Iii hto. C'olleae Avenue. HIM E,M NFOR MATid N: Project Name (as approved t)c the CR,v): l X _( ��CICIJGLS bj5r11��5 r-_ Ak PTe•njcet ti.P{.A. (Marketing name if dilferem liom PN' roject mne): Tsnitct �ea�i<tst: _ J ��c��tci r v imbedIrn& ICO.QcL r(v'c — "E,nit f� f)vric Ot the tmx n (hiS I)cnnit is�upncc): i rdi%idualT!inno �7�%r[L_i_L Cnnlpam— Addrrns Phone numh,r(s) C'ellphnne hay numhtt ! 1� �,15 '-;/•j-� Allpticatryt/('roiart Malinger (I he primary enntacl person for all minters regarding Ibis project. mud the pers.m Iesponeihlc for ell Inatters referenrm, "the Developer" in (he Development Agreement for Ibis project). Irdi,idIm1NTT Tile .--- Contiaa Name Address: Pholte numl)or(s). Oliice: C'cllphon. Fax number: I 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 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; 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 Development Construction Permit, Page 3/5 place and inspected by the City Erosion Control Inspector before any land disturbing activity begins. 11. No work (including grading and construction access) 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 terms and conditions so stated in this permit. Applicant/Project Manager' s Signature —�a 3, Date: Approvalforissuance: 7 �o, City Engineer Appro — ' y Date: /oweL (Permit Issuance Date) Development Construction Permit, Page 415 EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Fox Meadows Business Park No. 3 City Staff Contact Persons: Development Engineer: Construction Inspector: Marc Virata / City of Fort Collins Engineering 281 N. College Avenue / Fort Collins, CO 80524 970 221-6605 Tracy Dyer / City of Fort Collins Engineering 281 N. College Avenue / Fort Collins, CO 80524 970 221-6605 (Chief Inspector starting 7/30) Current Planner: Ted Shepard / City of Fort Collins Current Planning 281 N. College Avenue / Fort Collins, CO 80524 970 221-6750 Sanitary Sewer Engineer: Roger Buffington /City of Fort Collins Utilities 700 Wood Street / Fort Collins, CO 80521 970 221-6854 Erosion Control Inspector: D.A. Black / City of Fort Collins, 700 Wood Street, Fort Collins, CO 80521 970 221-6700 Natural Resources: Dana Leavitt / City of Fort Collins, 281 North College Avenue, Fort Collins, CO 80522 970 224-6143 Traffic Operations: Ward Stanford / City of Fort Collins, 625 Linden Street, Fort Collins, CO 80524 970 221-6820 Street closures: Syl Mireles / City of Fort Collins, 625 Linden Street, Fort Collins, CO 80524 970 221-6815 Forestry: Tim Buchanan / City of Fort Collins, 281 North College Avenue, Fort Collins, CO 80522 Light and Power: Doug Martine / City of Fort Collins, 700 Wood Development Construction Permit, Page 515 Street, Fort Collins, CO 80521 970 224-6152 Developer' Contact Persons: Owner/Developer: Timberline Retail, LLC c/o Stuart MacMillan 3050 S. College Ave Fort Collins, CO 80525 970 226-1500 970 223-4156 (fax) stu@everittcompanies.com Project Engineer: Tricia Kroetch North Star Design 700 Automation Drive, Unit I Windsor, CO 80550 970 686-6939 970 686-1188 (fax) tricia@northstardesigninc.com General Contractor: Dave Carlson Brinkman Construction 1315 Oakridge Drive Ste 100 Fort Collins, CO 80525 Planner: Matt Rankin Rankin Architects 117 E. Mountain Avenue Fort Collins, CO 80521 970 224-0630 970 556-5874 (cell) mrankin@ranki architects. com Bank of Colorado The way banking should be. October 2, 2007 City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, Colorado 80524 Dear Sirs: We hereby establish, at the request and for the account of Timberline Retail. LLC _, in your favor as beneficiary, our Irrevocable Letter of Credit No. 7280001582, the amount of Forty Six Thousand One Hundred Fourteen dollars Dollars ($46 1. 14.00) (as more fully described below), effective immediately and expiring at the close of banking business on October 2, 2008, at our office at 1609 E. Harmony, Fort Collins CO 80525. This Letter of Credit is intended for the funding required for the Fox Meadows Business Park No 3 Development Project ("Development Project") forthe 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 October 2. 2008 , against sight drafts in an aggregate cumulative amount not to exceed $46. 114.00, dated the date ofpresentment, 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 $46.1 44.00 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 . 17 § a: Memb'Rfis letter of credit shall be subject to the Uniform Commercial Code as in effect in then&UCkaffolorado.com --------> --> — .---...............waur quo �ci.i,� ei MIS a,euer ai t_,reun aria rne-uniTurrr>-- 1609 East Harmony Road 1102 Lincoln Avenue Fort Collins, Colorado 80525 Fort Collins, Colorado 80524 Phone: (970) 206-1160 Phone: (970) 223-8200 Fax: (970) 206-1156 Fax: (970) 223-8201 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 anyway 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 cgtifrcate and draR(s). Sin -ery, 1 i � 4 ��i Cody W. Ful, ner, Branch President i, L fi Bank of Col ado B of Col rad Issuing company name: Bank of Colorado Address: 1609 E. Harmony, Fort Collins, CO 80525 Phone Number: 970-206-1160 EXHIBIT 1 CERTIFICATE The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable Letter of Credit No. 7280001582dated October 2. 2 007 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 ofbehalfofthe City of Fort Collins this day of THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation 0 [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 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 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 (Name and Title)