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Home My WebLink AboutBANK OF CHOICE - Filed DCP-DEV. CONSTRUCTION PERMIT - 2008-02-13City of Fort Collins Transportation Services nngineermg vepartment DEVELOPMENT CONSTRUCTION PERMIT .Permit Number.- O 7 - 'S g Issuance Date: it 7 erza__ Project Name: _ Bank of Choice__ Project Location: _ ]Northeast corner of Boar3walk Drive and Harmpna Road City and developer contacts: See :attached Fixl.iha `A "for names and phone numbers of all contact persons for this project. Fires: Permit Application Fee (paid at the time- of application) $ 400.00 _ Construction Inspection Fee (paid prior to issuance of this permit) $ _ .MK�10�_�_ Total $ 7,320.05 Development Bond or other approved security: Amount of security deposited withthe. City to guarantee the completion of all public improvements to be constructed as shw., ri on the approved plans for the development. 287217.ti1 Form of security deposited with the City: Letter of Credit PERFORMANCE REQUIREMENTS OF THIS PERMIT: 1. "Ilie Permittee shall be responsible to require. their Project Engineer to incorporate into all design c'.rawines and specifications the certification of all materials testing by an Engineer. The Permittec shall have an Frigincer 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, that the improvements are constructed in conformance with the approved Utility Pians 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. (Ait 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. 3. The applicant understands that additional permits maybe required for this development project and the applicant shall secure those permit, directly from the issuing departments. t. 'This permit, along with a complete set of all approved plans and documents for tl!is project (urility plans, site plan. landscape plan, development agreement, soils report, pavement design, traffic 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378 www.fcgov.com L EXHIBIT 2 Request for Amendment or Release of Letter of Credit # 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 (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 and Title) DEVELOPMENT CONSTRUCTION PERMIT APPLICATION (1/16/06) For City use only: Application Number: Application Date: November 6 007 Permit application fee: $ 400.00 INSTRUCTIONS: 1. Complete this form (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): Bank Of Choice Fort Collins Project A.K.A. (Marketing name if different from Project Name): Project Location: 4352 E. Broadway Drive Property Owner(At the time of this permit issuance): Individual Name: narrall MrAlligrpr Company Name: Rank of rti ice Address: 3780 W. lOth t. Greelev. cn unAiA Phone number(s) Office: (970) 352-6400 Cellphone: Fax number: (970) 352-5289 Email: rlmralli rer@h^ t fcynip-,com 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): Individual Name: Company Name: Neal Swift Roche Constructors, Inc Address: 361 71st Avenue Greeley,CO 80634 Phone number(s): Office: (97n) 756-1611 Cellphone: (970) 3()1 -53g9 Fax number: (970) 356-0298 Email: nswift@rocheconstructors.com Development Construction Permit, Page 2/5 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Fueling facilities shall be located at least one hundred (100) feet from any body of water, wetland, natural drainage way or manmade drainage way. The fuel tanks and fueling area must be set in a containment area that will not allow a fuel spill to directly flow, seep, runoff, or be washed into a body of water, wetland or drainage way. Development Construction Permit, Page 3/5 11. The applicant shall coordinate haul route locations with the City Engineering Inspector prior to beginning any construction. 12. Any staging of equipment and materials when located on public right-of-way will require obtaining an encroachment permit from the City Engineering Inspector. Furthermore, any staging that encroaches onto parking spaces within public right-of-way will require obtaining all necessary approvals from the City Transportation Services Parking Division. 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: `�0 Date:I/ ' 07— Approval for issuance: 1;,City Engineer Approv Date: _ I � 0/ 7 (Permit Issuance Date) Development Construction Permit, Page 4/5 EXHIBIT "A" BANK OF CHOICE DEVELOPMENT PROJECT CONTACT PERSONS City Staff Contact Persons: Development Engineer: Marc Virata / City of Fort Collins, 281 North College Avenue, Fort Collins, CO 80524 970 221-6605 x7188 Construction Inspector: Tracy Dyer / City of Fort Collins, 281 North College Avenue, Fort Collins, CO 80524 970 416-2011 Current Planner: Steve Olt / City of Fort Collins, 281 North College Avenue, Fort Collins, CO 80524 970 221-6750 Water Utilities Engineer: Roger Buffington / City of Fort Collins, 700 Wood Street, Fort Collins, CO 80521 970 221-6854 Erosion Control Inspector: D.A. Black / City of Fort Collins, 700 Wood Street, Fort Collins, CO 80521 970 221-6700 Natural Resources: Dana Leavitt / City of Fort Collins, 281 North College Avenue, Fort Collins, CO 80522 970 224-6143 Traffic Operations: Ward Stanford / City of Fort Collins, 625 Linden Street, Fort Collins, CO 80524 970 224-6062 Street closures: Syl Mireles / City of Fort Collins, 625 Linden Street, Fort Collins, CO 80524 970 221-6815 Forestry: Tim Buchanan / City of Fort Collins, 281 North College Avenue, Fort Collins, CO 80522 Light and Power: Janet McTague / City of Fort Collins, 700 Wood Street, Fort Collins, CO 80521 Developer' Contact Persons: Developer/ Owner: Project Engineer: Development Construction Permit, Page 515 970 224-6154 Darrell McAllister Bank of Choice 3780 W. 10"' Street Greeley, CO 80634 970 352-6400 (office) 970 352-5282 (fax) dmcallister@bankofchoice.com Jade Miller DMW Civil Engineers 1435 W. 29 h Street Loveland, CO 80538 970-461-2661 jade@dmwcivilengineers.com Project Planner: Cathy Mathis VF Ripley Associates 401 W. Mountain Avenue, Suite 201 Fort Collins, CO 80521 970-224-5828 Architect: General Contractor: Gary Dennison Vaught Frye Architects 401 W. Mountain Avenue Fort Collins, CO 80521 970 224-1191 gdennison@vfavfr.com Neal Swift Roche Constructors, Inc. 361 7151 Ave. Greeley, CO 80634 970-356-3611 970 301-5389 (cell) 970 356-0298 (fax) nswift@rocheconstructors.com M N M 0 W a 2 LL tom. ~ 'O OIO M M MM Z=QZ3 f919 f9 MAW OO O�IU w n Ld0F j zWm LL 0: __ II W O100 .00�.. � 0 0 0 0 0 0 0 Q O( V 0 0 0' 0 0 F 1D OI919000 V N N N V N M f F r W N a 0 0 0 cc o oo o 0 0'0 0 0 0 0 '02 m K wM»-woam, )UOMW ww.» . O W y U J U �Nult1W,2 : O OIL Z W O : 0 0 0 M O O a n' 0m vjo of tl �O IQO O O�Q y j Mj �. HiM MIDI MIS 0 0 0 0 O O N n ONO O O Oi OjfDl OaOi N O O m N_ n tp O n N ii nM i0 OVM�N»�.�.. N D o o m n�olmml ocli v is 9h o «» w wviw O I I I n LL 06 I � U Z Y K W O auz W U ... � I` _ _. 22I _� �x �x��x xx 2x W}In LL LL >} J JJU.0 WW Ji.J J W W WiWW WIWI J III JJJ U]y } Q F W aY IUL W OVM Ili OO N��1D"M Ox UU Ilia � III; I� N N a LU 3 iu � uN n LL Z C C q m O m y W C m nI 3I J n1.m l m v 5 m o F `L.�O c m m m� otl FLLU c' D m c N orWOm m y 41ON �'CC m CL � ��mCW C>NCmI NCE4iV FW _O Bank of Choice THE CHOICE YOU CAN BANK ON. Irrevocable Letter of Credit, Number 98 City of Fort Collins Engineering Department 281 N. College Ave. Fort Collins, Colorado 80524 Dear Sirs: Bank of Choice 3780 W. 101h Street Greeley, CO 80634 We hereby establish, at the request and for the account of Bank of Choice, in your favor as beneficiary, our Irrevocable Letter of Credit No.98, in the amount of Two Hundred Eighty -Seven Thousand, Two Hundred Seventeen and .61 Dollars ($287,217.61) (as more fully described below), effective immediately and expiring at the close of banking business on November 19, 2008, at our office at 3780 W. 102h Street, Greeley, CO 80634. This Letter of Credit is intended for the funding required for the Bank of Choice 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 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 19, 2008, against sight drafts in an aggregate cumulative amount not to exceed $287,217.61, 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 $287,217.61in 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 3635 23rd Avenue, Evans, Colorado 80620 —1970) 506-1000 1 1044 West Drake, FortCollins, Colorado 80526-1970) 224-5100 7251 West 20th Street, Greeley, Colorado 80634-1970) 339-5600I 3780 West IDth Street, Greeley, Colorado 80634-1970) 352-64DO 370 Justin Avenue, Platteville, Colorado 80651 —(970) 785-2000 11270 Automation Drive, Windsor, Colorado 80550—(970) 674-3434 QM.me., rorc nstruction Permit worksheet for determining costs of infrastructure construction and spection fees, whereupon the amount of this letter of credit may be reduced by the value of the completed components(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 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. 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, atty L. Gates Executive Vice President, Issuer Issuing company name: Bank of Choice Address: 3780 W. 10a' Street, Greeley, CO 80634 Phone Number: 970-352-6400 L EXHIBIT 1 CERTIFICATE The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable Letter of Credit No. dated , , 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 $ , 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 of behalf of the City of Fort Collins this day of , THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation W1