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HomeMy WebLinkAboutMCCLELLANDS CREEK THIRD PHASE 2 - Filed DCP-DEV. CONSTRUCTION PERMIT - 2013-02-19Ciyy Or Planning, Development & Transportation ((,, ` Engineering Department Fort Collins 281 North College Avenue Po Box 580 Fort Collins, CO 80522-0580 970.221.6605 970.221.6378 - fax DEVELOPMENT CONSTRUCTION PERMIT Permit Number: 13-01 Issuance Date: 2/8/13 Project Name: McClelland's Creek Third Filin Phase 2 Project Location: south side of Kechter Road west of Strauss Cabin Road Permittee: Guy D. Johnson Community Services LLC City and developer contacts: See attached Exhibit "' r names and phone numbers of all contact persons f project. 00 . Fees: Permit Application Fee (paid at the time of application) $ 400 16 0000 Construction Inspection Fee (paid prior to issuance of this permit) Total 16,961.65 Development Bond or other approved security: arantee the completion of all Amount of security deposited with the Cityapproved u plans for the developmentublic improvements to be constructed as shown on the $ 463 583.70 Form of security deposited with the City: development bond 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. ' THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Jeffrey Strassner, Tenzer V. Cunningham, Natalie K. Trof6moff, Cesar F. Javier, Patricia Talavera And/or Brenda Wong of Los Angeles, CA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States —in any amount and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 27th day of June 2012. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INS ANCE ?QMPANY OF AMERICA Robert Thomas, a Vice On this 27th day of June 2012 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. �" w 1111:1 A. "'111CK Notary Public .., Camiga_.M.iMt6sid_01 LIyCM+n6a0nEnr.sSep21,2M6 Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 5TH day of FEBRUARY 2013. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA n Margoslan, Vice President Development Construction Permit, Page 2/6 3. Construction time restrictions: n/a 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 2.6.3(K) of the Land Use Code: 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. Development Construction Permit, Page 3/6 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: n/a Permittee's acknowledgment signature: By signing this permit I acknowledge 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: Approval for issuance: Date: ; - 6 - I3 &City Engineer Approva - Date: (Pe it ssuance Date) Development Construction Permit, Page 4/6 EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Project Name: City Staff Contact Persons: Development Engineer: McClelland's Creek Third Filing Phase 2 Marc Virata 281 North College Avenue, Fort Collins, CO 80524 970 221-6567 Construction Inspector: Wayne Lenard 281 North College Avenue, Fort Collins, CO 80524 970 222-6824 Current Planner: Steve Olt 281 North College Avenue, Fort Collins, CO 80524 970 221-6341 Water Utilities Engineer: Terry Farrill (Fort Collins Loveland Water District) 5150 Snead Drive, Fort Collins, CO 80525 970 226-3104 Erosion Control Inspector: Jesse Schlam 700 Wood Street, Fort Collins, CO 80521 970 218-2932 Natural Resources: Lindsay Ex 281 North College Avenue, Fort Collins, CO 80524 970 221-6143 Traffic Operations: Ward Stanford 626 Linden 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 215 N Mason Street, Fort Collins, CO 80524 Development Construction Permit, Page 5/6 970 221-6641 Light and Power: Doug Martine 700 Wood Street, Fort Collins, CO 80521 970 224-6152 Developer' Contact Persons: Permittee/Consultant Contractor: Guy D. Johnson Community Services LLC 1927 Wilmington Drive, Suite 101 Fort Collins, CO 80528 970 207-0102 (office) 970 412-1440 (cell) 970 225-0054 (fax) guyldr@msn.com Owner: Kent Pedersen Ryland Homes, Inc. 8200 E. Maplewood Avenue, Suite 150 Greenwood Village, CO 80111 303 486-5112 (office) 303 807-1190 (cell) 303 486-5050 (fax) kent.pedersen@ryland.com Architect/Planner: Russell+Mills Studios 141 S. College Avenue, Suite 104 Fort Collins, CO 80524 970 484-8855 (office) www.russellmillsstudios.com Project Engineer: Nick Haws Northern Engineering 200 South College Avenue, Suite 10 Fort Collins, Colorado 80524 970 221-4158 nick@northemengineering.com Grading Contractor: Mike Bussey Bemas Construction, Inc. Development Construction Permit, Page 6/6 80 Inverness Drive Englewood, CO 80112 303 662-0643 (office) 303 419-1003 (cell) mbusseyna,bemas.net Utility Contractor: Jon Andrews Nelson Pipeline Constructors, Inc. 10741 Highway 52 Fort Lupton, CO 80621 303 857-1580 (office) 303 549-5963 (cell) 303 857-1581 (fax) Geotechnical Engineer: Heather Grubb CTL Thompson 351 Linden Street, Suite 140 Fort Collins, CO 80524 970 206-9455 (office) 970 206-9441 (fax) hgrubb@ctlthompson.com BOND NO. 1016059 DI"VE1..OPMENT BOND THE RYLAND KNOW AI-i.. MEN HY 'fHFSr PRESP_NTS: that we, GROUP, INC., as Principal,hereinafter referred to as the ''Developer'' and ** , a corporation organized under the laws of the State of *** , as Surety, hereinafter referred to as "Surety", are held and firmly bound unto the CITY OF PORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City", in the sum of **** Dollars ($ 463,583.70 ------ ), to be paid to the City, for which payment swell and truly to be made, we bind Ourselves, ourheirs, executors and administrators; successors and assigns, firmly by these presents. WHEREAS, the Developer hn.s submitted to the C;it.)7 1'or its approval of the following development project: McCLELLAND'S CREEK FILING 3 PHASE 2 ;and WHEREAS, the City has appt-ove(l said development project and the Developer and the City have executed a Development Agreement dated ______ pertaining to the developmem project (the "Development Agreement") a copy of'which is by reference made a part hereof; and. WHEREAS, the City Code requires that the Developer post a bond equal to the total cost to construct the Developer's Portion of the public infrastructure (which, upon completion and acceptance by the City shall bccome the property of the City), which for the above -described development project shall be— **,** _ Dollars $ 463,583.70 ----- - ( �....�.__..._---- ._----.), with such Sttrety to be upon condition that the bond r.l_T1_a n in foil I force and effect until such time as the City releases such bond, which release shall occur upon (1) issuance to the Developer of a notice of final acceptance stating that all of the public ii-diastructure improvements have been completed in accordance with the approved plans for said development project and the specifications and standards of the City; and (2) delivery to the City by the Dcvcloper of a bond, cash or other securing deposit in it farm acceptable to the City to guarantee that the Developer shall. mainutin and repair all of said public infrastructure improvements in accordance with the City Code. NOW, THEREFORE., the condition of this obligation is such that.ifthe Developershall truly and faithfully perform to the satisfaction of the City its obligations in constructing, maintaining and repairing the public infrastructure constructed in connection. with the aforesaid development project in accordance with the City Code (including the Land Use Code), and the Deve-lopmentAgreement, then this obligation shall be void; otherwise to remain in full force and effect. DATED -this 5TH day of FEBRUARY , 2013 **THE HANOVER INSURANCE COMPANY ***NEW HAMPSHIRE ****FOUR HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED EIGHTY-THREE AND 70/100 DE;VF1.0111:K: THE RYLAND GROUP, INC. Printed Name - — By;Z� /7 Title: Aisi sr VP SURETY: THE HANOVER INSURANCE COMPANY Printcd,�ftme By: to ey-in-Pact (attach Power of Attorney) PA RICIA TALAVERA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On FEB 0 5 2013 before me, Natalie K. Trofimoff, Notary Public personally appeared, Patricia Talavera who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. "�""""""� NATALIE K. TROFIMOFF Commission No. 1957481 Z w� U " NOTARY PUBLIC-CALIFORNIA WIT ESS my han and official seal. Z �,� LOS ANGELES COUNTY ' •�• My Comm. Expires OCTOBER 22. 2015 Notary Public Seal SIGNATUR OF NOT OPTIONAL Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DOCUMENT DATE: CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name: ❑ INDIVIDUAL ❑CORPORATE OFFICER Title(s) ❑ PARTNER(S)❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: Signer is representing: NAME OF PERSON(S) OR ENTITY(IES) Signer's Name ❑INDIVIDUAL ❑CORPORATE OFFICER Title(s) ❑ PARTNER(S)❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: Signer Is representing: NAME OF PERSON(S) OR ENTITY(IES)