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HomeMy WebLinkAboutDRY CREEK MINOR SUB REPLAT PHASE 2 - Filed DA-DEVELOPMENT AGREEMENT - 2012-07-09M City of F6rt Collins .,...I�Engineeri g M City of Fort Collins, Colorado DEVELOPMENT CONSTRUCTION PERMIT Permit Number: 12 ' ag Issuance Date: tJ12$1) 2 Project Name: _Dry Creek Minor Subdivision First Replat (Phase 2) Project Location: Western end of International Boulavard SW of the intersection of Timberline and Vine Dr. Permittee: Justin Marshall GLH Construction 970-674-0440 City and developer contacts: See attached Exhibit `A' for names and phone numbers of all contact persons for this project. Fees: Permit Application Fee ($200.00 small project) $ 400.00 Construction Inspection Fee (paid prior to issuance of this permit) $ 1,149.00 Street Cut Fee (to be paid by the contractor as needed) Total amount due $ 1,549.00 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. $ $36,639.00 Form of security deposited with the City: L--0 G 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. mff[EKe:nc:A:Bank EXHIBIT 1 CERTIFICATE THE CITY OF FORT COLLINS HEREBY CERTIFIES AS FOLLOWS WITH RESPECT TO THE CERTAIN IRREVOCABLE LETTER OF CREDIT NO.657939-04 DATED JUKE , 2012, ESTABLISHED IN FAVOR OF THE CITY OF FORT COLLINS, COLORADO (THE "LETTER OF CREDIT"): (A) HE (SHE) IS AUTHORIZED TO EXECUTE THIS CERTIFICATE ON 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 NO EXCEED IN THE AGGREGATE $36,639.00; AND (E) THE LETTER OF CREDIT HAS NOT EXPIRED. IN WITNESS WHEREOF, THE UNDERSIGNED HAS EXECUTED THIS CERTIFICATE ON BEHALF OF THE CITY OF FORT COLLINS THIS DAY OF THE CITY OF FORT COLLINS, COLORADO A MUNICIPAL CORPORATION m TITLE: ON— CbmerlcA Bank EXHIBIT 2 REQUEST FOR AMENDMENT OR RELEASE OF LETTER OF CREDIT NO.657939-04 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 DRY CREEK LLC (DEVELOPER), THE FOLLOWING: [CHECK APPLICABLE BOXES.] ❑ THE LETTER OF CREDIT IS TO BE REDUCED TO S ❑ THE EXPIRATION DATE OF THIS LETTER OF CREDIT IS REVISED TO BE ❑ THE 60-DAY AUTOMATIC ONE YEAR EXTENSION 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 O BEHALF OF THE CITY OF FORT COLLINS THIS DAY OF THE CITY OF FORT COLLINS, COLORADO A MUNICIPAL CORPORATION (NAME AND TITLE) N I U M M 3. 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. 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. 2 %W 140 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. I I . 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: Cell( l 2 Approval for issuance: City Engin r Approv Date: Y( i� (Permit Issuance Date) Page 3 of 5 n n EXHIBIT `A' DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Dry Creek Minor Subdivision, First Replat (Phase 2) Project A.K.A.: Name, address and numbers City Staff Contact Persons: Development Engineer: Sheri Langenberger 281 N. College Avenue, Fort Collins, Co 80524 (970) 221-6573 Construction Inspector: Steve Ciscione 281 N. College Avenue, Fort Collins, Co 80524 Cell (970) 692-4418 Current Planner: Ted Shepard 281 N. College Avenue, Fort Collins, Co 80524 (970) 221-6750 Water Utilities Engineer: Mike Scheid, ELCO mikes(2elcowater.org Wastewater Engineer: Randy Siddens, Boxelder Sanitation District bsdena(a,boxeldersanitation. org Erosion Control Inspector: Jesse Schlam 700 Wood Street, Fort Collins, Co 80521 (970) 218-2932 Natural Resources: Lindsay Ex 281 N. College Avenue, Fort Collins, Co 80524 (970) 224-6143 Traffic Operations: Joe Olson 625 Ninth Street, Fort Collins, Co 80524 (970)221-6062 Street closures: Syl Mireles 625 Ninth Street, Fort Collins, Co 80524 (970) 221-6815 Forestry: Tim Buchanan 215 N. Mason St., Fort Collins, Co 80524 (970) 221-6361 Page 4 of 5 M n Light and Power: Doug Martine 700 Wood Street, Fort Collins, Co 80521 (970) 221-6700 Developer's Contact Persons: Project Manager: Glenn Couch, Uniprop 1117 Summit Court, Windsor, CO 80550 (970) 686-8750 Cell (970) 420-8756 Fax (970) 686-5999 gl.ennkunipro com Developer/Owner: Glenn Couch, Dry Creek Associates/ Uniprop 280 Daine Street Suite 300, Birmingham, MI 48009 (970) 686-8750 Cell (970) 420-8756 Fax (970) 686-5999 glennAuniprop.com Project Engineer: Robert Van Uffelen, Nolte Associates, INC. 1901 Sharp Point Drive, Suite A Fort Collins, Co 80525 (970) 221-2400 Fax (970) 221-2415 Rob .VanUffelen(&- Nolte com Architect/ Planner: Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Fort Collins, Co 80525 (970) 226-4074 Fax (970) 226-4196 General Contractor: Justin Marshall, GLH Construction 780 East Garden Drive Windsor, Co 80550 (970) 674-0440 Cell (970) 396-0575 Fax (970) 674-0443 Jtmars(cil�lhconstruction com Page 5 of 5 UvId murj grM opefoloo `s¢rllo3 god $ �f x, �l, I�Ida?I �srr� uorsrnrpgnS rouryv 8 s p� W es� e22��3/����pfi�®a@888 �; I o .- u4! 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DDDDDDDrrr nnrr- m— ?1 n?t?1T� fn 00000nn TI-rt 00 G [TI?1 y— C� O(j) 2 Z a: a: S m T mm z.D m0 roAm z0 0 t7:d -IA O ��n(A r MOz- �ch C- m�m "' v r n M .� z m" v z m 0 o� a0Nwc�i,wo 00000o0woo a0000a m rn m �°N. °3 cC O-i to�m-1 M m 0-4 icMZ 0a = n O ���� to4A0"-•onto 00000u,cr,000 49totsltotfl�tflto 0000000a,©o t04W4A4otflb9 a0000a co =iz O v+0 o 0 o 0 0 0 0 0 0 0 0 0 o Cl 0 o a a 0 0 o o 0 Cl 0 0 0 0 0 0 0 o 0 0 0 0 0 0 a o 0 0 0 o �m = m m m O'� 0zm-� m ., �, 0 -n CA 40 Na <" cv m �' m, N 0 to 0 � N Ai to to to to 69 to 401 t,A `+' to 0 3 � � 000u,cn P.o 0 0 to 0000Ooocnoo to to to to to to 000000 c �. 0 0 6 a C.O 0 a 0 0 0 0 0 0 a o 0 0 0 0 O o O O O O a m O m x. �Mmz m m s<mm m -1 is J mp; 0mcO C G to to to694AGA o-•i_...0 o o0 W w w V CD V V toto4A, M!r" ,owo0o0o O O.to40tfito wwww00 � r= z z r r 40000000vv� cncn000v, 0000a00000 000,cnvti 000000 O ' mNp w m-n m n r r0- � z m W to .e to N to •mil oo w O rff to to .0 to w to to 4A to to to w p <uOOwcnw 0000O00000 to to a0000a o C: a0000a O O O o O o o00aoaoaaa O 0 o 0 o o o 0 0 0 a0a00o o Cl 0 0 0 0 O C- m n p c a z m N n z 0 0 O m cn m m m TELEX NO: 3772134 MNB INTL DET FAX NO: 313 222 9324 SWIFT: MNBDUS33 PHONE: 313-2224956 STANDBY LETTER OF CREDIT NO. 657939-04 BENEFICIARY: CITY OF FORT COLLINS ENGINEERING DEPARTMENT 280 N. COLLEGE AVE. FORT COLLINS, COLORADO 80524 DEAR SIRS: COMERICA BANK 411 W. LAFAYETTE, MC33 1 DETROIT, MI 48226 9 28 INTERNATIONAL TRADE CES �Of� DATE OF ISSUE: JUNE 27, 2012 COPY WE HEREBY ESTABLISH, AT THE REQUEST OF AND FOR THE ACCOUNT OF DRY CREEK, LLC, 2050 DAINES ST., SUITE 300, BH MINGHAM, MI 48009, IN YOUR FAVOR AS BENEFICIARY, OUR IRREVOCABLE LETTER OF CREDIT NO. 657939-04, IN THE AMOUNT OF THIRTY SIX THOUSAND SIX HUNDRED THIRTY NINE AND 00/100,S U.S. DOLLARS ($36,639.00) (AS MORE FULLY DESCRIBED BELOW), EFFECTIVE IMMEDIATELY AND EXPIRING AT THE CLOSE OF BANKING BUSINESS ON JULY 1, 2013, AT OUR OFFICE AT COMERICA BANK, 411 WEST LAFAYETTE, INTERNATIONAL TRADE SERVICES, MC 3341, DETROIT, MICHIGAN 48226. THIS LETTER OF CREDIT IS INTENDED FOR THE FUNDING REQUIRED FOR THE DRY CREEK MINOR SUBDIVISION, FIRST REPLAT (PHASE 2) DEVELOPMENT PROJECT ("DEVELOPMENT PROJECT") FOR THE 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 JULY 1, 2013, AGAINST SIGHT DRAFTS IN AN AGGREGATE CUMULATIVE AMOUNT NOT TO EXCEED $36,639.00 DATED THE DATE OF PRESENTMENT, 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 (I) OUR HONORING YOUR DRAFT(S) TOTALING $36,939.00 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 ACCOMPANIED BY YOUR LETTER STATING THAT THE PURPOSE OF SURRENDER IS FOR CANCELLATION, THIS LETTER OF CREDIT SHALL AUTOMATICALLY TERMINATE. (CONTINUED ON PAGE 2) 8QN U mr CbmencA Bank TELEX NO: 3772134 MNB INTL DET FAX NO: 313 222 9324 SWIFT: MNBDUS33 PHONE: 313-2224956 PAGE 2 LETTER OF CREDIT NO.657939-04 COMERICA BANK 411 W. LA,FAYETTE, MC3341 DETROIT, MI 48226 INTERNATIONAL TRADE SERVICES THIS LETTER OF CREDIT SHALL BE SUBJECT TO THE UNIFORM COMMERCIAL CODE ARTICLE V, 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 CODE, THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 2007 REVISION, ICC PUBLICATION NUMBER 600. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR A PERIOD OF ONE YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO THE EXPIRATION DATE WE SEND YOU NOTICE BY CERTIFIED MAIL OR COURIER THAT WE ELECT NOT TO EXTEND THIS CREDIT FOR ANY SUCH ADDITIONAL PERIOD. SAID NOTICE WILL BE SENT TO THE ADDRESS INDICATED ABOVE, UNLESS A CHANGE OF ADDRESS IS OTHERWISE NOTIFIED BY YOU TO US IN WRITING BY RECEIPTED MAIL OR COURIER. ANY NOTICE TO US WILL BE DEEMED EFFECTIVE ONLY UPON ACTUAL RECEIPT BY US AT OUR DESIGNATED OFFICE. 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. AMENDMENT REQUEST WILL BE HANDLED IN ACCORDANCE WITH ARTICLE I OA OF THE UCP 600. 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 DOCUMENTATION, INSTRUMENT OR AGREEMENT EXCEPT FOR SUCH CERTIFICATE AN DRAFT(S). SINCERELY NAME: TITLE: COMERICA BANK COMERICA BANK INTERNATIONAL TRADE SERVICES 411 W. LAFAYETTE, MC 3341 DETROIT, MICHIGAN 48226 PHONE: 313-2224956