HomeMy WebLinkAboutPRESTON CENTER THIRD LOT 5 PELOTON CYCLES - Filed DCP-DEV. CONSTRUCTION PERMIT - 2008-06-05DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 07-42 Issuance Date:
Project Name: Peloton Cycles
Project Location: 3027 E. Harmony Road Lot 5 Preston Center
Permittee: Trent Schilouskv
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) $ 1.553.40 (Ptcn 1
Total $1,953.40 Pno )
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.
$ 61,570.42
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.
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 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 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; 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,
Christian Bordewick
Branch President, Issuer
Issuing Company Name: Bank of Colorado
Address: 4848 Thompson Parkway, Ste 100
Johnstown, CO 80534
Phone Number: 970-663-7600
IRREVOCABLE STANDBY LETTER OF CREDIT
Letter of Credit Number: 7080000121
Amount: U.S. 0 61,570.42 (sixty one thousand five hundred and seventy dollars and forty two cents U.S. DOLLARS)
This Letter of Credit is issued on December 17, 2007 by Issuer In favor of the Beneficiary for the account of Applicant. The parties'
names and their addressee ere 88 follows:
APPLICANT:
ROBIN TORRES, I.I.C.
3210 S. CENTENNIAL DRIVE
FORT COLLINS, Colorado 80528
BENEFICIARY:
CRY OF FORT COLLINS
ENGINEERING DEFT.
218 N COLLEGE AVE
FORT COLLINS, Colorado 80524
ISSUER:
BANK OF COLORADO
4848 THOMPSON PKWY
JOHNSTOWN, Colorado 80534
ADVISING INSTITUTION:
BANK OF COLORADO
4848 THOMPSON PKWY
JOHNSTOWN, Colorado 80634
1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Creditl In favor of Beneficiary in the
amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft for Drafts, H the maximum number of drawings Is
greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked -Drawn under BANK OF COLORADO Letter of
Credit No. 7080000121 dated December 17, 2007.' Drafts must be presented at Issuer's address shown above on or before the
Expiration Date. The presentation of any Draft shag reduce the Amount available under this Loner of Credit by the amount of the
draft.
This Letter of Credit sets forth In full the tens of Issuer's obligation to Beneficiary. This obligatlon cannot be modified by any
reference in this Letter of Credit, or any document to which this Leiter of Credit may be related.
This Letter of Credit expires on the Expiration Date.
2. DRAWINGS. Beneficiary shall be permitted to make multiple drawings on this Letter of Credit. The maximum number of drawings
that may be made on this Letter o1 Credit is 4. 'Draft' means a draft drawn at sight.
3. DOCUMENTS. Each Draft must be accompanied by the following. In original and two copies except as stated:
A. The original Letter of Credit, together with any amendments.
B. A sight draft drawn by Beneficiary on Issuer.
C. A signed statement by Beneficiary including the following statement: (el the amount of the draft represents funds due by
reason of default in accordance with the terms of the agreement between the beneficiary of this letter of credit and account party;
(b) that demand to cure such default has been made; and (c) that default has not been cured by account parry within the apscifled
period of time. Said beneficiary affidavit must be an original and must be signed by an authorized representative of the City of
Fart Collins,
Issuer shall be entitled to accept a draft and the documentation described above, so required by the terms of this Letter of Credit,
from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of
Issuer to verify the identity or authority of the person presenting the draft and such documentation.
4. SPECIAL INSTRUCTIONS. you will notify us when either:
1. The account party has satisfied all requirements, and the totter of credit may be released; or
2. The account party has failed to perform or is in default under the terms of the agreement with you, the beneficiary of this letter of
credit.
The bank is not responsible for determining the validity of such default, for obtaining any additional documentation related to the
default, nor for determining any questions of fact or law at issue between the account parry and the beneficiary.
The amount of any draft drawn under this credit must, concurrently with negotiation, be endorsed on the reveres side hereof and the
presentment of any such draft will be made directly to Bank of Colorado at the banking office specified within this loner of credit.
5. EXPIRATION DATE. This Loner o1 Credit expires at the close of business at Issuer's address at 3:00 PM Mountain Time (Time) on
December 17, 2009 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Loner of
Credit on or before the Expiration Date.
S. NON -TRANSFERABLE. This Loner of Credit is not transferable.
7. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2006
Revision, International Chamber of Commerce Publication No. 800 IUCPI, or any later version or amendment. This Loner of Credit is
also governed by the laws of Colorado, except as those Iowa conflict with the UCP.
ISSUER: nn
BANG OF.LlC�1.OHP.D
Christian Bordewick, Branch President
Date I k. - r7• u'f
ndol rue`, anch Manager
Date (.Z
mhleb
e199e B.nk.rs svrt.m., ire.. Sr. n.w, MN E-OwC P.w t1
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 ofpublic 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
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 terms and conditions so stated in this permit.
Applicant/Project Manager' s Signature: Date:
Approval for issuance:
City Engineer Approval: Date:
(Permit Issuance Date)
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Observatory Park
City Staff Contact Persons:
Zoning Staff: Gary Lopez
281 N. College Avenue, Fort Collins, Co 80524
(970)416-2338
Development Engineer: Randy Maizland
281 N. College Avenue, Fort Collins, Co 80524
(970) 416-2292
rmaizland@fcgov.com
Construction Inspector: Tracy Dyer
281 N. College Avenue, Fort Collins, Co 80524
(970)416-2011
Water Utilities Engineer: Roger Buffington
700 Wood Street, Fort Collins, Co 80521
(970)221-6700
Erosion Control Inspector: DA Black
700 Wood Street, Fort Collins, Co 80521
(970)221-6700
Traffic Operations: Ward Stanford
625 Ninth Street, Fort Collins, Co 80524
(970) 221-6820
Street closures: Syl Mireles
625 Ninth Street, Fort Collins, Co 80524
(970) 221-6815
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
4of5
Developer's Contact Persons:
Project Manager:
Owner:
Developer:
Project Engineer:
Trent Schilousky — Peloton Cycles
1013 East Eisenhower Blvd.
Loveland, CO 80538
(970)669-5595
(970) 669-5668 FAX
(970) 691-4180 mobile
trent cvneloton-cycles com
Trent Schilousky — Peloton Cycles
1013 East Eisenhower Blvd.
Loveland, CO 80538
(970)669-5595
(970) 669-5668 FAX
(970) 691-4180 mobile
trentLy�peloton-cycles.com
Robin Torres — Peloton Cycles
1013 East Eisenhower Blvd.
Loveland, CO 80538
(970)669-5595
(970) 669-5668 FAX
(970) 380-3207 mobile
Troy Campbell / Jim Blankenship
JLB Civil Engineers
743 Pear Ct.
Louisville, CO 80027
(303)604-1634
(303) 604-1674 FAX
twc c),rideelineconsultants.com
General Contractor: Kathy Baldwin — Alliance Construction solutions
2725 Rocky Mtn. Ave., Suite 100
Loveland, CO 80538
(970)663-9700
(970)663-9750 Fax
(970) 556-7458 mobile
khbaldwinLd�allianceconstruction com
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DEVELOPMENT CONSTRUCTION PERMIT
APPLICATION
(1/16/06)
For City use only: Application Number: Application Date:
Permit application fee: $ 400.00
INSTRUCTIONS:
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):
Peloton Cycles
Project A.K.A. (Marketing name if different from Project Name):
Project Location: 3027 E Harmony Road
Ft Collins, CO 80528
Lot 5, Preston Center Third Filing
Property Owner(At the time of this permit issuance):
Individual Name: Trent Schilousky
Company Name :yrtntnn ryntPs
Address: 1013 E Eisenhower Blvd Loveland CO 80538
Phone number(s):
Office: (970) 669-5595
Cellphone: (970) 691-4180
Fax number: (970) 669-5668
Email: trent@peloton-cycles.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: Trent Schilousky
Company Name: Prtntnn cy t
Address: 1013 E Eisenhower Blvd Loveland CO 80538
Phone number(s):
Office: (970) 669-5595
Cellphone: (970) 691-4180
Fax number: (970) 669-5668
Email: trent@peloton-cycles.com
Bank of Colorado
The way banking should be.
December 17, 2007
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 Robin Torres LLC, in your
favor as beneficiary, our Irrevocable Letter of Credit No. 7080000121, in the amount of
Sixty-one thousand five hundred and seventy dollars and forty-two cents ($61,570.42) (as
more fully described), effective immediately and expiring at the close of banking
business on December 17, 2010, at our office at Bank of Colorado, 4848 Thompson
Parkway, Ste 100, Johnstown, CO 80534.
This Letter of Credit is intended for the funding required for the Robin Torres LLC —
Peloton Cycle 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 December 17,
2010, against sight drafts in an aggregate cumulative amount not to exceed $61,570.42,
dated the date of presentment, drawn on our office referred to above, referring thereon to
the number of this Letter of Credit 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 $61,570.42 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 the infrastructure construction
and inspection fees, whereupon the amount of this letter of credit may be reduced by the
Q
mu i
.@96.. Mem6erFDIC
www.bankotcalarado.com
1609 East Harmony Road 1102 Lincoln Avenue 2534 Branch
Fort Collins, Colorado 80525 Fort Collins, Colorado 80524 4848 Thompson Parkway
Phone: (970) 206-1160 Phone: (970) 223-8200 Johnstown, CO 80534
Fax: (970) 206-1156 Fax: (970) 223-8201 Phone: (970) 663-7600
Fax: (970) 663-7601