HomeMy WebLinkAboutSWIFT ADDITION TO FOSSIL LAKE PUD - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-07-21Transportation Services
C.n4'Inc'e'roig Department
City of Fort Collins, Colorado
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 0 ti -10 Issuance Date:
Project Name: Swift Addition to Fossil Lake PUD (Phases 1 and 2)
Project A.K.A.:
Project Location: South of Kechter Road and east of Ziegler Road
Permittee: Stan Everitt, (970) 226-1500
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) $ 60,147.20
Iotal $ 60,447.20
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.
$ 1,107480.69
Form of security deposited with the City:_ _Letter of Credit,_,
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. 'I he
Permittee shall have an Engineer prepare revised design drawings and secure City approval for
all revisions to the I Itility 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 "Elie Permittee shall provide �kas-constructedA 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.
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EXHIBIT I
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain
Irrevocable Letter of Credit No. 3244 dated April 29, 2004, established in favor of the
City of Fort Collins, Colorado (the "Letter of Credit"):
(a) He(She) is authorized to execute this Certificate of 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 S _, 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 not exceed in the aggregate S ; and
(e) The Letter of Credit has not expired.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of behalf of the
City of Fort Collins, this day of
THE CITY OF FORT COLLINS
By:
STATE OF COLORADO)
COUNTY OF LARIMER)
Title
Subscribed and sworn to before me this day of , by
as authorized officer of the City of Fort Collins.
Witness my hand and official seal.
Notary Public
My Commission Expires:
EXIIJBIT 2
Request for Amendment or Release of Letter of Credit #
Elie City of Fort Collins certifies that the person signing below is authorized to execute
this 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,lor 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.
0 Release Original Letter of credit upon receipt of separate replacement
Maintenance Letter of Credit in the amount of
(current value).
0 R lease of Letter of Credit.
IN WITNESS WHEREOF. the undersigned has executed this Certificate of behalf of the
City of Fort Collins, this day of
THE CITY OF FORT COLLINS
By:
STATE OF COLORADO)
COUNTY OF LARIMER)
Title
Subscribed and sworn to before me this day of by
as authorized officer of the City of Fort Collins.
Witness my hand and official seal.
Notary Public
My Commission Expires:
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 tlse Regulations and/or Sections 2.2.3(C)(3)(g), 3.3.1(C)(2), and 33.2(C) of
the Land Use Code, as applicable.
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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 Ilighway 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. 1 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: l —O� ip- o
Approval for issuance:
City Engineer Approval: l � r Date: _ S /I C) __
I (Permit Issuance ate)
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EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Swift Addition to Fossil Lake PUD (Phases 1 and 2)
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 x7140
Construction Inspector: wa- L\0.w�
281 N. C ole. Vlege Avenue, Fort Collins, Co 80524
(970)221-6605
Cell (970) 222-
Current Planner:
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6750
Water Utilities Engineer: Terry Farrill
4700 S. College Ave, Fort Collins, Co 80525
(970)226-3104
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) 224-6143
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
210 E. Olive, Fort Collins, Co 80524
(970)224-6140
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Forestry: Tim Buchanan
281 N. College, Fort Collins, Co 80524
(970) 221-6361
Light and Power:
700 Wood Street, Fort Collins, Co 80521
(970)221-6700
Developer's Contact Persons:
Project Manager: Stan Everitt, Everitt Companies
3030 S. College Ave, Fort Collins, Co 80526
(970) 226-1500
Cell (970) 222-4151
Fax (970) 223-4156
Developer/Owner: Everitt Companies
3030 S. College Ave, Fort Collins, Co 80526
(970) 226-1500
Cell (970) 567-1924
Fax (970) 223-4156
aarone(a everittcomnanies.com
Project Engineer: George Schock, Northern Engineering
420 S. Howes, Suite 202, Fort Collins, Co 80524
(970) 221-4158
Fax (970) 221-4159
General Contractor: Dick Schmidt and Mark Van Ronk, Schmidt Earth Builders
7250 Greenridge Road, Fort Collins, Co 80528
(970)962-9091
Cell (970) 566-5606
Fax (970) 962-9081
Lanscape Contractor: Andy Mill, Mill Brothers
(970)493-3883
Cell
Fax
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Boardwalk O$ice
PR/E
O Department
First National Bank r> (ol zCO 0527
Date: April 29, 2004
City of Fort Collins
Engineering Department
281 N College Ave
Fort Collins. CO 80521
Dear Sirs:
We hcrcbv establish, at the request and for the account of FL Swift, LLC, a Colorado
Limited Liability Company in your favor as beneficiary, our Irrevocable Letter of Credit
No. 3244, in the amount of One million one hundred seven thousand four hundred eighty
and 00/100 Dollars (Sl,l()7,480.00) (as more fully described below), effective
immediately and expiring at the close of banking business on April 29, 2005, at our
office at 155 E_ Boardwalk, Foil Collins, Cc 80525,
This Letter of Credit is intended for the funding required for the Swift Addition at Fossil
Lake (" 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 April 29, 2005, against sight
drafts in an aggregate cumulative amount not to exceed $1.107,480.00, 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 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(s) totaling S1,107,480.00 in the aggregate
presented on or before this Letter of Credit expires pursuant to the terms herein or (ii) the
surrender to us by von 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 arc constructed and accepted by the City. As components of the
infrastructure are satisfactorily completed in accordance with approved utility plans, the
value ofthe completed components may be established from the Development
Construction Permit worksheet for detennining costs of infrastructure construction and
inspection fees, whereupon the amount of this letter of credit may be reduced by the
value of the completed component(s).. upon execution of a "Request for Amendment to
Letter of Credit" in the form attached lereto 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 terns of this Letter of
Credit and the Unifonu Commercial code, the Uniform Customs and Practice for
Documentary Credits, 1993 revision, ICC 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 (60) 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 notices 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 Citv may at anv 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 shall
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 or draft(s).
Sincerely,
Noreen G. Flood
Vice President
First National Bank
STATE OF COLORADO)
COUNTY OF LARIMER)
Sub/scribed and sworn tp before me this �day of �!✓�� d�tc'
by �' �% "i�� , as Vice President, First National Bonk.
Witness my hand and official seat.
My Commission
i
Notary Pt
'00w
::CYNTHIA S.--
POSEGATE
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