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HomeMy WebLinkAboutLINDENMEIER ESTATES PUD - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-07-28City of Fort Collins Transportation Services Engineering Department City of Fort Collins, Colorado DEVELOPMENT CONSTRUCTION PERMIT Permit Number: (`11 .{ Issuance Date: 4-la-(6 Project Name: Lindenmeier Estates PUD Project A.K.A.: Project Location: West of Lemay Ave, South of Country Club Road and North of Willox Lane. Permittee: Ed Lawler Bayberry Development, L.L.C., 970-482-1781 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) $ paid Construction Inspection Fee (paid prior to issuance of this permit) $ 13 654.10 Total S 13,654.10 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. $ 413,756.30 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 Pennittec 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. 'Ilic 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 Fngineer" 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. 281 No ithCol Iep A% muc • IT). Box580 • Fort CoMn,,C080522-0580 • (970)221-6605 • FAX(970)221-6378 i wW.fCgov.Com bank EXHIBIT 1 CERTIFICATE hhc City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable Letter of Credit No. SL.CPPDXO_'396 dated April 7, 300�, estahIkhed in In% or of the Citv of I-ort Collins_ Colorado (the -Letter of Credit'): �) II0S11c)isauthorizedtoexecute this Certificate ofbchalfoftheCity ofFortCollins: (h) IIlic applicant/developer is in default under the terms of the development agreement and/or the development construction permit. (c) I he sum of S which is the auto untof the draft presented with this Cell I irate. is the amount currently due to the City of Fort Collins irOIn (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 undersigned has executed this Certificate ofbehalf ol'the City of Fort Collins this day of THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: [Title] FXHIBIT2 Request for Amendment or Release of Letter of Credit No. SLCPPDX03396 I he City of] ol t Collins certifies that the person signing belowis ❑uthorized to execute this Request for Amendment or Release of Letter of Credit on behalf of the City of Fort Collins, and further certifies %-ith respect to the provisions contained in the Development Construction Permit dated and/or the Development Agreement dated bemcen 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 behall'ofthe City ofFort Collins this day of CITY OF FORT COLLINS, COLORADO a Colorado municipal corporation By: (Name and Title) DEVELOPMENT CONSTRUCTION PERMIT APPLICATION (2/16/99) For City use only: Application Number: Application permit application fee: $ 300.00 INSTRUCTIONS: I . Complete this forth (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): Project A.K.A. (Marketing name if different from Project Name): Project Location: (Scott?r✓ UuL A�- Property Owner(At the time of this Individual Name: 4W�/— Company Name : Address: 021� Phonenumber(s): 6a Lawjcr z-WZc(enek OffiC,e: 170-X9h-z29 726- d93--7393 Cellphone:97o-.7J7-7&77 y2o- ao)-oec93 Fax number: 970- Y95 (0383 Y70 - -701 l- 9(ZO Email: 6• /awler- CK co ofcas e, i)e i 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): �1-- Individual Name: Company Name : Address: _ Phone number(s): Office: Cellphone Fax number: Email: DCP PRECONSTRUCTION MEETING ATTENDANCE SHEET !�t-.Lt Contact name Company Name_. Address C i 1 F2� L iiYS Phone Number _ f-� Oyu: cam• � � o r-t, FCC - aa�-��o0 Imo, `f/ (:2 Gc% 1UtL)ler g9r o7-)7-71077 �6er1�eve�vp�nen-� Z(a0 Sb o!(f5e A l III nS. Co 8©s1s "r 3. Construction time restrictions: N/. 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 29-679 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 . S. 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 band 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. Page 2 of 6 10. The City lirosion 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 I-Z of the City Code; and including common areas legally connected to or associated with (lie 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 agiree to all of the terms and Applicant/Project Manager's Si Approval for issuance: so stAted in this permit. Date: Op City Engineer Approval Da(PermA Iss ance Date) Page 3 of 6 EXHIBIT `A' DEVELOPMENT PROJECT CONTACT PERSONS Project Name: l,ind.enmeier Estates PUD 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: Rhonda Henson 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6605 Cell (970) 217-4089 Current Planner: Steve Olt 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6750 Water Utilities Engineer: Web Jones, ELCO (970) 493-2044 Wastewater 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 6 Forestry: Tim Buchanan 215 N. Mason St., Fort Collins, Co 80524 (970)221-6361 Light and Power: Doug Martine 700 Wood Street, Fort Collins, Co 80521 (970)221-6700 Developer's Contact Persons: Project Manager: Ed Lawler Bayberry Development, L.L.C. 2120 S. College Ave, Fort Collins, Co 80525 (970) 482-1781 Cell (970) 227-7677 Fax (970) 495-6383 e.lawerrc�comcast.net Developer/Owner: Ed Lawler and Ed Zdenek, Bayberry Development, LLC 2120 S. College Ave, Fort Collins, Co 80525 Ed Lawler (970) 482-1781 Cell (970) 227-7677 Fax (970) 495-6383 e.lawler, comcast.net Ed Z,denek (970)493-2393 Cell (970) 227-0693 Fax (970) 221-9620 Project Engineer: Mike Brake, PE, J.R. Engineering 2620 E. Prospect Rd, Ste 190, Fort Collins, Co 80524 (970)491-9888 Cell (970) Fax (970) 491-9984 mbrakena JREngineering cone General Contractor: Ed Lawler Bayberry Development, L.L.C. 2120 S. College Ave, Fort Collins, Co 80525 (970) 482-1781 Cell (970) 227-7677 Fax (970) 495-6383 e.lawera.comeast.net Page 5 of 6 Grading and Utility Contractor: EZ Excavating, Merle of Nick Davies 8123 Indian Peaks Ave, Erie, Co 80516 (303) 772-81218 Cell, Merle (303) 250-9622 Cell, Nick (303) 250-9618 Fax (303) 772-3640 Page 6 of 6 S Y•' i5 8' &' k &' -- 8 u m - 'N U t3 d � "d a z� (�Dma Im, ,I vcm •+ m *'n3T*-I C��A�J o m=mm ArON m r 0 of v m a dmd«�o�md°1d � 'o 'o ' m f�/1 ' m= m N CD D m= o m m 0 3 < '� 0 r m< a 3 S m o am �� W O(D m D D 3 �0m a�'� m T.�_ d d.mU) wpm m m 1rM mr� m zD3 �, io > > > m m "� m = of a — y� o m Iry DAi °m 3 na..% 0 c 6•i Doi �CZ 6•i n 3ml oCL m �� mTO F m 0. o).N on !D = m CD <0 mz a y�m o-4m �^ m z� D c 9 '" r yip v a D AMC r MO— m m 3C y Z0 u)(nrrrr(nr DDDD DDDrrr TmT >>00rr �� n Tl 7171 -(U) Cinoonoo M oc) ? .-n 22 CN p0Z 2Mz:TT A0 w m 'vAm zvm-4 m' OP O<Z3 m y p ^)m�m m 3 o D ,r-r z< Z f) i m m zT m v -n N G) �I O N N -� W V w A A $j m m TC 'n O Y 0 O N m Oi OD __ 0 W W O) N� CVO O W w C)1 O Cl) W my nvOm00T n T c �''' j;a z C 0 0 I c24Zn m cn �� <Tymz� CO pm C 'I T A E9 E9 fA fn f» wvi N -� (p EA N N Efl fA to vi W N N EA E9 fA 3 mcoc .ZI C -{ ci mZ O O w fA ff9 M NN O-� �b9 N Ut w V w Ul A EN E9 H) o 0 o w 000 � W O A G1 000-�-+w �� O� 0 0000NUt W 000m)t 00� .� 000w V o 1m zC m 0 0 *y 0 0 0 0 o 0 0 0000000 0 0 0 0 0 0 0 0 0 0 0000000000 0 0 0 o 0 o 0ooOoo m m 02m1 r m -4 Zm X NAT-4o 3r to NA �' G C. Z EA 69 E9 fA fAN AO�I to �, �, en N to Fn v+ fAA EP W m C D r T �. (A V wONOD-� __ CT_ _ W O W W V V 0 Q T V O w Ow OJA A 0 Vi OQ OJN O 0 -I w O tp V1 O N N w0 0 0 V A V `I O 3' O O O O C 9 O O O O (J O O w O O m m z v 0000000 0 0 0 0 CD a 0 0 0 0 0 0 oow000 o00000 m m O Z corn m m �'O T o <Amv a m m i<mo v z ma N v �V - C z z in m C lA E9 E9 Ep b9 (A W W W O -4 E9 b) 69 O O fA fA E9 EA G)(J P 00 1 m r v\ O r A A 000 A ww000w 0000000 V V V o000000000 00 N (A v 000000 mz0 r z < i mvV co D nr m z 0 � m C z C 1 EA N W w � � o ff. 69 E9 EA T G'� to O Ai N b9 EA dl EA fN �Cfl O NV (nN N DbcnA A O W 0 0 m CDO Gyyp� �yy�� Oo 00 OG� 01.0 W 0 -cam O O O O O w 0 0 0 0 0 0 O O O O O 0 0 0 0 0 0 0 0 O O O O O O L. bank U.S. BANK NA 11ONAL ASSOCIATION IN I IIRNA"IIONAL BANKING GROUP I I I S.W. 1:1F"I II AVIL surd: Soo I'OR"II.AND, OREGON U.S.A. 97204 SWIFT: USHKUS44PDX FAX: (503)275-5132 April 7, 2006 City of, Fort Collins hngineering Department 281 N. College Ave. For( Collins. Colorado 80524 Dcar Sirs: We hereby establish. at the request and for the account of Bayberry Development, LLC. 2120 South College Avenue, Dort Collins. CO 80525. in your favor as beneficiary. our Irrevocable Letter of Credit No. SLCPPI)Y02896, in the amount of Four flundred Thirteen Thousand Seven Hundred Fifty -Six and 30/100 LI.S. Dollars ($413,750.30) (as more fuily described below), effective immediately and expiring at the close of banking business on 'November 30, 2005, at our office at I I I SW 51° Avenue, Suite 500, Portland, OR 97204. This Letter of Credit is intended for the funding required for the I indenmeier Estates PUD 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 November 30, 2005.. against sight drafts in an aggregate cumulative amount not to exceed S413.756.30, dated the date of presentment, drawn on our office referred to above, rcfcrriri,, thereon to the number ofthis Letter of Credit and accompanied by your written certificate signed h% you and acknowledged as therein provided in the form of L;xhibit I 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(sl totaling $413,756.30 in the aggregate presented on or hclurc this I.ctter ofCredit expires pursuant to the terms herein or (ii) the surrender to us by you of thin I.ctla of Credit for cmiccllation, this Letter of Credit shall automatically terminate. It iv undcistood that the amount of This Lcttcr of Credit inay be reduced as public improvements are constructed and accepted by the Ci[R. As components of the infraAructure are satistnctolily 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 nllasuucuirc construction and inspection Ices. ��-`hereupon the amount of this letter ofcredit may be rcduccd by the %aluc of the completed componcnt(s). upon execution ofa "Rcqucst (or Amenciment embank to Letter of Credit" in the form attached hereto as Exhibit Z . I his letter of credit shall be subject to the Uniform Commercial Code as in effect in the State of ('olorado. and. to the extent not inconsistent with the terns ofthis fetter of Credit and the Uniform Cnn oucrcial Code_ the Uniforn) Customs and Practice fin- DocumentarN Credits. 1993 revision. ICC publication number 500. I his better of Credit will be automatically extended without amendments for one year from the present. and each Il.uue, expiration date thereof, unless Issuer dC11%C S written notice at least sixty (00) clays prior to any such cxpiralion date to the City of Fort Collins ()fits intent not to renew this better of Credit. AM 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 kN111bit 3 hereto. ]'lie City may at any time request that the Bank amend this Letter o f Credit by submitting to the Bank a ILlly executed certificate in the form of Exhibit 1 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 lox such certificate and draft(s). Sincerely, Li,llC U.S. Bank National Association A Member of the Federal Reserve System