HomeMy WebLinkAboutFOSSIL LAKE PDP FOURTH REPLAT - Filed DCP-DEV. CONSTRUCTION PERMIT - 2008-05-28Services
Engineering Department
City of Fort Collins, Colorado
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 7"Issuance Date: =� D�
Project Name: _Fossil Lake 4°i_Filing I" Repiat.(Phases _I and 2)
Project; .K.,4.:
Project Location: South cif Kechter Road and east_ of_l,ick!er Road
Permittee: Jon.Morsicr. F; uidrnark Construction, Solutions, (970) 330-4310
City and developer contacts: See attached f zhihit "A" for names and phone numbers of (it/
contact persons for this project.
Fees: Permit Application 1',•e ($400.00) $ paid
11
Construction inspection Fee (paid prior to issuance o: this permit)
Tota! 3 6,239.90
Development Bond or ofher approved security:
Amount of security deposited with the CitY to guarartcc the completion o':'all public
improvements to he constnictcd a.; shown on the approved plans Im the d��vclopnlei it
FOri"n ofsceuri(y deposited with the City: _ _�...c �iQa" r: ej-e eta A-
PERFORMAN(T RVQUIRIWENTS OF THIS PERMIT:
1. The Permittee shall he responsible to req!.dre their Projcct Engineer to incorporate into all
design 4im ings and srccilJCatiOlIS tl e of all matcrialti tl'°'lIIlO. by at-, ''JnCen Fhe
Permittee shall have an krigincer prepay: rc sort design draavings a.nd sc- rrc City appr,�� it for
all revisions to the Utili,,, Plans and related docu icnts. Th:; Permittee sli a!! have an 1,nginacr
represent, a:i reLlulred b'i the City in the Development Agreement. that lKc impiovetmnits arc
constructed ct con!%arntance with the approved Utility Plans and the staridaids and ::p:cifica6ons
of the City. The Permittee shall provide "as -constructed" plans prepared by an Enaineet prior to
the City's acceptance of the constructed public improvements. (Alt references ahove to the torms
-Project Engineer" and "F,ugineer" shall mean it Prollessionol Engineer licensed in Colorado.)
2. All contractors who perform work on this poJect must be bonded wid licensed
conformance with City rctli.tiramerits.
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281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378
www.fcgov.com
EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable Letter of
Credit No. dated 200 , established in favor of the City of Fort Collins,
Colorado (the "Letter of Credit'):
(a) He (She) is authorized to execute the 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 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 _ . 200
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
La
Title:
EXHIBIT 2
Request for Amendment or Release of Letter of Credit #
The City of Fort Collins certifies that the person singing below is authorized to execute the
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 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 the certificate on behalf of the City of Fort
Collins this day of , 200
CITY OF FORT COLLINS�ORADO
A Colorado municipal corporation
Title:
Construction time restrictions: N/A
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 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. In accordance with the Development Agreement for this property dated July 3rd, 2001, the
warranty on public improvements is for two (2) years from the date of final subdivision
improvement acceptance. Prior to the expiration of the warranty period and/or the release of
warranty collateral, the Developer shall repair or replace any deficiencies.
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
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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 terms and
Applicant/Project Manager's
Approvalforissuance:
City Engineer
3 of 6
so stated in this permit.
Date:
te: 1112 0/1) /
(Permit Date)
EXHIBIT "All
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Fossil Lake 41h Filing 1" Replat (Phases 1 and 2)
Name, address and numbers
City Staff Contact Persons:
Development Engineer: Sheri Langenberger
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6750 0140
Construction Inspector:
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6605
Cell (970) 222-
Current Planner: Steve Olt
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6750
Water Utilities Engineer: Terry Farrill
4700 S. College Ave, Fort Collins, Co 80525
(970) 226-3104
Erosion Control Inspector: D. A. Black
700 Wood Street, Fort Collins, Co 80521
(970) 218-3011
Natural Resources: Dana Leavitt
281 N. College Avenue, Fort Collins, Co 80524
(970)224-6143
Traffic Operations: Ward Stanford
626 Linden Street, Fort Collins, Co 80524
(970)224-6820
Street closures: Syl Mireles
625 Ninth Street, Fort Collins, Co 80524
(970) 221-6815
Transportation Planning: Kathleen Bracke
250 N. Mason Street, Fort Collins, Co 80524
(970) 224-6140
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Forestry: Tim Buchanan
215 N. Mason Street, Fort Collins, Co 80524
(970) 221-6361
Light and Power:
700 Wood Street, Fort Collins, Co 80521
(970) 221-6700
Developer's Contact Persons:
Project Manager: Jason Sherrill, Fossil Lakes Condominiums, LLC
4627 W 20°i St Rd, unit A, Greeley, Co 80634
(970) 330-4316
Cell (720) 938-8090
Fax (970) 330-8160
Jshcrrill@ldrnrkcs.com
ldmrkcs.com
Developer/Owner: Jason Sherrill, Fossil Lakes Condominiums, LLC
4627 W 20'h St Rd, unit A, Greeley, Co 80634
(970) 330-4316
Cell (720) 938-8090
Fax (970) 330-8160
jsherrillg ldmrkcs.com
Permittee: Jon Mosier, Landmark Construction Solutions
4627 W 201h St Rd, unit A, Greeley, Co 80634
(970) 330-4316
Cell (720) 938-8092
Fax (970) 330-8160
jmosier(&Idmrkcs.com
Project Engineer: Tricia Kroetch, North Star Design
700 Automation Dr, unit A, Windsor, Co 80550
(970)686-6939
cell (970) 481-9873
Fax (970) 686-1188
tric ia(cr)north stardes i aninc. com
Architect/ Planner: Brad Massey, Aller Lingle Architects
712 Whalers Way, Ste 100, Fort Collins, CO 80525
(970) 223-1820
bmassev (valler-linale.com
5 of 6
General Contractor: Sean Rogers, Landmark Construction Solutions
4627 W. 20`h St Rd, Unit A, Greeley, CO 80634
(970)330-4316
Cell (970) 567-1821
Fax (970) 330-8160
srogersLtilldmrkcs.com
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VJIX Advantage Bank November 19,2007
City of Fort Collins
Engineering Department
281 N College Ave.
Fort Collins, Colorado 80524
Dear Sirs:
We hereby establish, at the request and for the account of Fossil Lake Fourth Filing First Replat, in your
favor as beneficiary, our Irrevocable Letter of Credit No.86962, in the amount of Two Hundred Fifty three
Thousand five Hundred Eighty Six Dollars and 33/100 Dollars ($253,586.33) (as more fully described
below), effective immediately and expiring at the close of banking business on July 9, , 2008, at our office at
4532 McMurry Avenue, Suite 100, Fort Collins, Colorado 80525.
This Letter of Credit is intended for the funding required for the Fossil Lake Fourth Filing First Replat,
Development Project ("Development Project") for the assurance of the completion of the construction and
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 July 9, 2008. Against sight draft in
the aggregate cumulative amount not to exceed $253,586.33, dated the presentment, draw on our office referred
to above, referring thereon to the number of this Letter of Credit and accompanied by your written certificated
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 $253,586.33 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 Coed, the
Uniform Customs and practice for Documentary Credits, 1993 revision, ICC publication number 500.
1475 North Denver Avenue 970.613.1962
Loveland, CO 80536 Fax 970.613.1853
advantagabanks.com
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 of 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 the 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 of 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,
Michael R. Bond
Regional President, Issuer
Issuing company name: Advanty Bank
Address: 180159 Avenue,
Greeley, CO 80634
Phone Number: (970) 353-0047