HomeMy WebLinkAboutCENTRE FOR ADVANCED TECHNOLOGY PUD SEVENTEENTH - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-02-11Citv of Fort Collins
Transportation Services
Engineering Department
City of Fort Collins, Colorado
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: (` - F {, Issuance Date:
Project Name: Center For Advanced Technology 17`t Filing
Project A.K.A.: The Winslow
Project Location: SW Corner of Centre Avenue and Worthington Ave (909 Centre Ave)
Permittee: Roy alaske, Columbine Management Services, Inc., 970-482-0198
City and developer contacts: See attached Exhibit `A' for names and phone numbers of all
contact persons for this project.
Fees: Permit Application Fee ($300.00) $ 300.00
Construction Inspection Fee (paid prior to issuance of this permit) $ 1014.00
Total S 2,314.00
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.
$ 43,226.8 i
Form of security deposited with the City:_1
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 Utilitv 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 conlormance 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.
n1 Box 580 • Fni' Collins, Cn 80522-0589 • (970) 221-6605 • FAX (970) 221-6378
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June 2 L 2004
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 J. Robert Wilson, in your favor as
beneficiary, our Irrevocable Letter of Credit No. 3328, in the amount of Forty -Three Thousand
Two Hundred Twentv-Six Dollars and Eighty -Six Cents ($43,226.86) (as more fully described
below), effective immediately and expiring at the close of banking business on June 21, 2005, at our
office at 205 West Oak Street, Fort Collins. CO 80521.
This Letter of Credit is intended for the funding required for the Winslow Real Estate, LLC
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 June 21, 2005, against sight drafts in an aggregate cumulative
amount not to exceed $43,226.86, 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 of (i) our honoring your draft(s) totaling S43,226.86 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 ofthe 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 Code, the Uniform Customs and Practice for Doctmlentary Credits. 1993 revision, ]CC
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
(001 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 of 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, Acknowledged and Accepted By
5 % 7
Ed Wilkins
Vice President 'r. 13b,bert Wi mn
970-495-9320
EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable
Letter of Credit No. 3328 dated June 21, 2004, established in favor of the City of Fort Collins,
Colorado (the "Lefler of Credit"):
(a) He (She) is authorized to execute this Certificate ofbehalf ofthe CityofFort 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 S , which is the amount of the draftpresented with this
Certificate, is the amount currentlydueto 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 S ; and
(e) The Letter of Credit has not expired.
IN WITNESS WHEREOF, the undersignedhas executed this Certificate ofbehalfofthe City
of Fort Collins this day of
THE CITY OF FORT COLLINS, COLORADO
A ;Municipal Corporation
0
[Title]
EXHIBIT 2
Request for Amendment or Release of Letter of Credit #3328
The Citv 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
(Developer), the following:
[Check applicable boxes.]
The Letter of Credit is to be 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 this certificate on behalf of the City of Fort Collins
this day of
CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
(Name & Title)
Transportation Services
Engineering Department
i
ollins
City of Fort Collins, Colorado
DEVELOPMENT CONSTRUCTION PERMIT
t Number: 04 - I Issuance Date:
t Name: Center For Advanced Technology 17"' Filing
ProjectA.KA.: The Winslow
Project Location: SW Corner of Centre Avenue and Worthington Ave (909 Centre Ave)
Permittee: Rov Malaske. Columbine Management Services, Inc., 970-482-0198
City and developer contacts: See attached Exhibit `A' for names and phone numbers of all
contact persons for this project
Fees: Permit Application Fee ($300.00) $ 300.00
Construction Inspection Fee (paid prior to issuance of this permit) $ 2,014.00
Total S 2,314.00
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.
$ 43,226.86
Form of security deposited with the City:
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 Ctility 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.
_81 NonhColiegcA�°enue PC.I3ax5S0 •fortColGns,C08052 -0580 • !970)-=-b 05 • FAX (970)221-b373
w•ww.rc„ ov.com
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 irilonnation 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). 3.1.t(C)(2), and 3.3.2(C) of
the Land Use Code, as applicable.
Page 2 of 5
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: -No oavement impact fee will be chareed provided the notes on the utility
plans are followed to mill and inlay 2 inches on the adiacent streets.
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 Ystatein this permit.
GEC
Applicant/Project Manager's Signature* Date:
Approval fir issuance:
�, / /
City Engineer Approval:✓ �t� L Date:
(Permit Issuan e Date)
Page 3 of 5
EXHIBIT `A'
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Centre For Advanced Technology, 171' Filing (The Winslow)
Project A.K.A.:
Name, address and numbers
City Staff Contact Persons:
Development Engineer: Sheri Wamhoff
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 (9701)
Current Planner: Steve Olt
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6750
Water Utilities Engineer: Roger Buffington
700 Wood Street, Fort Collins, Co 80521
(970)221-6681
Erosion Control Inspector: Bob Zackley
700 Wood Street, Fort Collins, Co 80521
(970)224-6063
Natural Resources: Doug Moore
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6143
Traffic Operations: Eric Bracke
625 Ninth Street, Fort Collins, Co 80524
(970)224-6062
Street closures: Syl Mireles
625 Ninth Street, Fort Collins, Co 80524
(970) 221-6815
Transportation Planning: Kathleen Reavis
215 N. Mason St., Fort Collins, Co 80524
(970) 224-6140
Page 4 of 5
Forestry: Tim Buchanan
215 N. Mason St., Fort Collins, Co 80524
(970)221-6361
Light and Power: Janet McTague
700 Wood Street, Fort Collins, Co 80521
(970) 221-6154
Developer's Contact Persons:
Project Manager: Roy Malaske
Columbine Management Services, Inc.
947 Worthington Circle, Fort Collins, Co 80526
(970)482-0198
Cell (970) 566-2956
Fax (970) 482-9148
rov.malaske, columbinehealth.com
Developer/Owner: Bob Wilson
Columbine Management Services, Inc.
947 Worthington Circle, Fort Collins, Co 80526
(970)482-0198
Cell (970)
Fax (970) 482-9148
Project Engineer: Jade P. Miller, DMW Civil Engineers
1435 West 29t" Street, Loveland, Co 80538
(970) 461-2661
Cell (970) 391-6563
Fax (970)461-2665
gkL&a dmwcivilengineers.com
General Contractor: Doug McCarty, Drahota, Inc.
4700 Inovation Drive, Bldg. C, Fort Collins, Co 80527
(970)204-0100
Cell (970)
Fax (970) 204-0200
doug.mccarthyLa drahota.com
Architect/Planner: Gary Denison, Vaught -Frye Architects
401 W. Mountain Ave., Suite 200, Fort Collins, Co 80521
(970)482-0198
Cell (970)
Fax (970) 482-9148
Page 5 of 5
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CIVIL ENGINEERS
1a]s weal 29th street, Lovaiona, cal—dm , 80538
Phone: (970)461-2661, Loc (970)061-3665
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