HomeMy WebLinkAboutVALLEY STEEL AND WIRE - Filed DCP-DEV. CONSTRUCTION PERMIT - 2006-08-16City of Fort Collins
Transportation Services
Engineering Department
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 06-06 Issuance Date: 03102106
Project Name: Valley Steel & Wire Subdivision
Project AXA.:
Project Location: 280 Hickory St.,Fort Collins, CO 80522
Permittee: Greaa R. Doster, Delta Construction (970) 498-8766
City and developer contacts: See attached Exhibit "A" for names and phone numbers of all
contact persons for this project.
Fees: Permit Application Fee (400.00) $ paid
Construction Inspection Fee (paid prior to issuance of this permit) $ 3.655.00
Total $ 3,655.00
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.
$ 96,406.28
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. 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 accepta!ice 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.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-63/6
www.fcgov.com
U.S. BANK NATIONAL ASSOCIATION
INTERNATIONAL DEPT, SL-MO-L2IL
8'" AND LOCUST STREETS
ST. LOUIS, MO 63101
City of Fort Collins
Engineering Department
281 N. College Ave.
Fort Collins, Colorado 80524
Dear Sirs:
SWIFT: USBKUS44STL
TELEX: 192179
TELEPHONE: 877-716-5 696
FACSIMILE: 314-418-1376
March 1, 2006
We hereby establish, at the request and for the account of Valley Steel and Wire, Inc., 11701 Kinard
Road, North Little Rock, Arkansas 72117, in your favor as beneficiary, our Irrevocable Letter of
Credit No. SLCLSTL02284, in the amount of Ninety Six Thousand Four Hundred Six and 58/100
United States Dollars (U.S. $96,406.58) (as more fully described below), effective immediately and
expiring at the close of banking business on March 1, 2007, at our office at U.S. Bank National
Association, International Dept. SL-MO-L2IL, 8rh and Locust Streets, St. Louis, Missouri 63101.
This Letter- of Credit is issued pursuant to the Valley Steel & Wire 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 March 1, 2007,
against sight drafts in an aggregate amount not to exceed $96,406.58, ("Maximum available credit
amount") 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 $96,406.58 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 of the completed component(s), upon execution of a "Request for Amendment
to Letter of Credit' in the form attached Hereto as Exhibit 2 .
[Mbank
Fme Smr S.rvruGuaranrcnl�
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 Unifonn 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 notice shall be in writing and shall be delivered with an acknowledged
receipt, either in hand or by certified mail, or by courier service.
The City may at anytime 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).
Wrigley ! J
rational Banking Officer,
Issuing company name: U.S. Bank National Association
Address: International Dept. SL-MO-L2IL
8°i and Locust Streets
St. Louis, Missouri 63101
Phone Number: (314) 418-2875
Wbaink.
Fi,x Sm, s,,, Cum. wred
EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable
Letter of Credit No. SLCLSTL02284 dated March 1, 2006, established in favor of the City of Fort
Collins, Colorado (the "Letter of Credit'):
(a) He (She) is authorized to execute this Certificate ofbehalfofthe 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 not exceed in the aggregate $ ; and
(e) The Letter of Credit has not expired.
IN WITNESS WHEREOF, the undersigned has executed this Certificate ofbehalf of the City
of Fort Collins this day of
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
[Title]
(Mbank.
F'ivc Sw Service Guurnnwed ��
EXHIBIT 2
Request for Amendment or Release of Letter of Credit #SLCLSTL02284
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 Pen -nit 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
and;
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
By:
(Name and Title)
FORM46800
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Studio & Gallery at: valley Steel
Museum of Contemporary Art 7
201 South College Ave
FosortcfinCO 80521 Site Plan
studio: 970.224.5710
fax: 970.224.5715 Project number
www.THE ART OF CONSTRUCTION.Com Date Iss
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Development Construction Permit, Page 2/6
3. Construction time restrictions:
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 33.2(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
Development Construction Permit, Page 3/6
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 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:
j %ilDate: 2 �6
Approval for issuance:
City Engineer Approval: J Date: 3-2"06
(Permit Issuance Date)
Development Construction Permit, Page 4/6
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Name, address and numbers
Project Name: Valley Steel & Wire Subdivision
Project A.K.A.:
City Staff Contact Persons:
Development Engineer: Dan DeLaughter
281 N. College Avenue, Fort Collins, CO 80524
(970)221-6605
Construction Inspector: Jeff Baldwin
281 N. College Avenue, Fort Collins, CO 80524
Cell: (970) 218-2157
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
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
626 Linden Street, Fort Collins, CO 80524
(970)221-6630
Street Closures: Syl Mireles
626 Linden Street, Fort Collins, CO 80524
(970) 221-6815
Development Construction Permit, Page 5/6
Transportation Planning: Kurt Ravenschlag
215 N. Mason Street, Fort Collins, CO 80524
(970) 416-2040
Forestry: Tim Buchanan
215 N. Mason Street, Fort Collins, CO 80524
(970)221-6361
Light and Power: Alan Rutz
700 Wood Street, Fort Collins, CO 80521
(970) 221-6153
Developer' Contact Persons:
Project Manager: Gregg R. Doster, Project Manager
Delta Construction
208 Racquette Drive, Fort Collins, CO 80524
Office: (970) 498-8766
Cell: (970)
Fax (970) 498-8770
scan(&, deltaconstruction.com
Owner/Developer: Randall B. Wright, President
QR, Inc.
11701 Kinard, No. Little Rock, AR 72117
Office: (501) 945-3442
gualitycherylA aol.com
Contact for Developer: David Wasson, General Manager
Valley Steel & Wire Company
200 Hickory Street, Fort Collins, CO 80524
Office: (970) 482-2485
Fax: (970) 482-2497
dwasson(a)vallevsteelandwire.com
Architect/Planner: Justin Larson, A.I.A.
JCL Architecture LLC
201 S. College Avenue, Fort Collins, CO
Office: (970) 224-5710
Cell: (970) 214-5632
Fax: (970) 224-5715
Justin(i�,theartofconstruction.com
Development Construction Permit, Page 6/6
Project Engineer: Franklin D. Blake, P.E.
Stewart & Associates, Inc.
103 S. Meldrum Street, Fort Collins, CO 80521
Office: (970) 482-9331
Fax: (970) 482-9382
yeeeyknuston(af frii.com
General Contractor: Gregg Orr, President
Delta Construction of Northern Colorado, Inc.
208 Racquette Drive, Fort Collins, CO 80524
Office: (970) 498-8766
Cell: (970) 567-6841
Fax: (970) 498-8770
Grego(a)deltaconstruction.com
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David Wasson i0(rJ000a
From: Dan Del-aughter [ddelaughter@fcgov.00m] /1 7 r /
Sent: Tuesday, February21, 2006 1:33 PM O . l�tryt Gl I\
To: dwasson@valleysteelandwire.com V
Subject: Valley Steel DCP items.
David,
I checked with technical services and the plats are ready for signature. I will find out
about the,mylars before tomorrow's meeting.
Regarding the Development Agreement, we can issue the permit once we have the signed
copies.back.from QR. Please be aware that there are 3 financial items that must be
submitted, as well #3efore a DCP is issued, including the letter of cr from the bank
TM .j �j �x�Ysiun �p¢trq�.depasit tS4,"0 which u told me has dy
wi.`ayheck qn this, an e'inapection fees ($3, 655) .
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