HomeMy WebLinkAboutTOWNHOMES AT LIBRARY PARK - Filed DCP-DEV. CONSTRUCTION PERMIT - 2016-02-18City
of
Planning, Development & Transportation
Engineering Department
6rt 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: 16-03 Issuance Date: 211712016
Project Name: Townhomes at Library Park
Project Location: northwest corner of Olive Street and Mathews Street
Permittee: BICAr>4Ev J f 40el z/. I �t s) [JE4,7— OF A.In rn T tiz v rec7^fes Ztie
City and developer contacts: See attached Exhibit "A" for names and phone numbers of all
contact persons for this project.
Fees: Permit Application Fee 01/29/16 BMISC160120 400.00
Construction Inspection Fee 02/16/16 BMISC160174 1,790.00
Pavement Impact Fee — excavation permit 02/26/16 BMISC160174 2,685.40
Total $ 4,875.40
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.
$ 76,094.50
Form of security deposited with the City: development bond no. 538504S
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.
Development Construction Permit, Page 2/5
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 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
construction activities on this project. All required perimeter silt fencing and other erosion/sediment
control best management practices (BMPs) 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 3/5
The applicant also understands that at no time pollutants, especially dirt, are allowed to leave the
construction site (either by drainage, wind, or track out) and that the applicant shall immediately
address, and correct the issue regardless of being formally directed by the City.
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: Date:
Approval for issuance:
..City Engineer
Approv - Date: Z l % 7 �t'o
(Permit Issuance Date)
Development Construction Permit, Page 415
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Townhomes at Library Park
City Staff Contact Persons:
Development Engineer: Marc Virata
281 North College Avenue, Fort Collins, CO 80524
970 221-6567
Construction Inspector: Rob Mosbey
281 North College Avenue, Fort Collins, CO 80524
970 221-6659
Current Planner: Ted Shepard
281 North College Avenue, Fort Collins, CO 80524
970 221-6225
Water/Sewer Utilities Engineer: Wes Lamarque
700 Wood Street, Fort Collins, CO 80521
970 416-2418
Erosion Control Inspector: Jesse Schlam
700 Wood Street, Fort Collins, CO 80521
970 218-2932
Natural Resources: Kelly Kimple
281 North College Avenue, Fort Collins, CO 80524
970 416-2401
Traffic Operations: Martina Wilkinson
626 Linden Street, Fort Collins, CO 80524
970 221-6887
Street closures: Syl Mireles
625 Ninth Street, Fort Collins, CO 80524
970 221-6815
Forestry: Tim Buchanan
413 S. Bryan Avenue, Fort Collins, CO 80521
970 221-6361
Development Construction Permit, Page 515
Light and Power: Todd Vedder
700 Wood Street, Fort Collins, CO 80521
970 224-6152
Developer' Contact Persons:
Developer/Owner/
Permittee/General Contractor:
Architect/Planner:
Project Engineer:
Brad Florin
NoCo Townhomes, Inc.
220 East Olive Street
Fort Collins, CO 80524
970 372-0653
Brad.florin@fortequity.com
Matt Matheson
Brinkman Construction
3528 Precision Drive, Suite 100
Fort Collins, CO 80528
970 267-0954
matt.matheson@brinkmanpartners.com
BHA Design Inc.
1603 Oakridge Dr. #100
Fort Collins, CO 80525
970 223-7577
Cody Snowdon
Northern Engineering
301 N. Howes, Ste. 100
Fort Collins, CO 80521
970 221-4158 (office)
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DEVELOPMENT BOND Bond No. 538504S
KNOW ALL MEN BY THESE PRESENTS: that we, Noco Townhomes, Inc., as Principal,
hereinafter referred to as the "Developer" and Developers Surety and Indemnity Company 4
corporation organized under the laws of the State of Iowa , as Surety, hereinafter referred to as
"Surety", are held and firmly bound unto the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter referred to as the "City", in the sum of Seventy six thousand ninety four and
501100 Dollars ($_76,094.50 ), to be paid to the City, for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,
firmly by these presents.
WHEREAS, the Developer has submitted to the City for its approval of the following
development project: Townhomes at Library Park, located in Section 12, Township 7 North, Range
69 West of the 6`h P.M.. Citv of Fort Collins. Countv of Larimer. State of Colorado : and
WHEREAS, the City has approved said development project and the Developer and the City
have executed a Development Agreement dated July 23, 2015 pertaining to the development
project (the "Development Agreement") a copy of which is by reference made a part hereof; and
WHEREAS, the City Code requires that the Developer post a bond equal to the total cost to
construct the Developer's portion of the public infrastructure (which, upon completion and
acceptance by the City shall become the property of the City), which for the above -described
development project shall be —Seventy six thousand ninety four and 501100 Dollars
($_76,094.50 ), with such Surety to be upon condition that the bond remain in full
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 infrastructure
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 Developer
of a bond, cash or other securing deposit in a form acceptable to the City to guarantee that the
Developer shall maintain and repair all of said public infrastructure improvements in accordance
with the City Code.
NOW, THEREFORE, the condition of this obligation is such that if the Developer shall 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 Development Agreement,
then this obligation shall be void; otherwise to remain in full force and effect.
DATED this 5th day of February 9 2016
DEVELOPER: Noco Townhomes, Inc.
Printed Name
By:
Title: � P��� r tiY
t i
SURETY: + Developers Surety and Indemnity Company_
Printed Name
By: nh
Attorney -in -Fact (atta o w4 of Attorney)
Darlene Krings
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO Box 19725, IRVINE, CA92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make. constitute and appoint:
***K'Anne E. Vogel, Russell D. Lear, Diane F. Clementson, Darlene M. Krings, Wesley J. Butorac, Steve J. Blohm, Katherine E. Dill,
jointly or severally***
as its true and lawful Attomey(s)-in-Fact. to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds, undertakings and contracts of suretyship
giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said
corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are
hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND
INDEMNITY COMPANY, effective as of January 1 st, 2008,
RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice -President, Senior Vice -President or Vice -President of the
corporation be. and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorneys) named in the Power of Attorney to execute, on behalf of the
corporation, bonds. undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is. authorized to attest the
execution of any such Power of Attorney;
RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant
Secretary this May 23, 2013
By: ` �iJ^
Daniel Young, Senior Vice -President
By:
N
State of California
County of Orange
On May 23, 2013 before me.
Date
OCT.
urn 10 c,
fia . 1 936 ;:'C>
Gina L. Garner, Notary Public
Here Insert Name and Title of the Officer
personally appeared Daniel Young and Gregg N. Okura
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that helshe/they executed the same in his/hedtheir authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
a,,,,, ._, GINA L. GARNER which the person(s) acted, executed the instrument.
a COMM, # 2021213
3 t NOTARY PUBLIC CALFOiRM I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORANGE COUNIV true and correct.
My romm May 18, 2017 t`
WITNESS my hand and official seal.
Place Notary Seal Above Signature i
Gina L. Gamer, Notary Public
CERTIFICATE
The undersigned. as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Pcwcr of Attorney
remains in full force and has not been revoked and, furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Mtomey are in
force as of the date of this Certificate
This Certificate is executed in the City of Irvine. California, this 5thday of February, 2016
By
Mark J. Lansdon. Assistant Secretary
ID-1438(Rev.05/13)