HomeMy WebLinkAboutSETTLERS CREEK - Filed DCP-DEV. CONSTRUCTION PERMIT - 2008-04-23City of Fort Collins
Transportation Services
Engineering Department
City of Fort Collins, Colorado
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 0—OZ Issuance Date: 3/ 09
Project Name: Settler's Creek
Project Location: North and East of Harmony Road and JFK Parkwayst north of the
Home Denot)
Permittee: Bryan Aston Settler's Creek Apartments L.P., (314) 983-9500
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 1/30/08
Construction Inspection Fee (paid prior to issuance of this permit) $ 17.77380
Total amount due $ 17,773.80
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.
$ $382,662.00
Form of security deposited with the City: Lt>C_
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 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.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378
www.fcgov.com
No Text
W N
ct� O
7
zLr)
< ti<
Lli Z LJ
(JD w
F-- 0 W y
�o
v>vwi�
. "
GLOBAL TRADE SERVICES 87537
STANDBY LETTER OF CREDIT DEPARTMENT
P.O. BOX 5101
CLEVELAND,OH 44101.0101 U.S.A.
STREET ADDRESS:
23000 MILLCREEK BLVD.
CLEVELAND, OH 44122
SWIFT: NATCUS33
1.800-NCC-INTL
(622-4685)
FAX: (216) 912-4265
IRREVOCABLE STANDBY LETTER OF CREDIT NO. SCLO14524
DATE:. February25, 2008
Beneficiary:
City of Fort Collins
Engineering Department
281 N. College Ave.
Fort Collins, Colorado 80524
This Letter of Credit is effective February 27, 2008.
Dear Sirs:
Applicant:
Settler's Creek Apartments, LP,
607 S. Lindbergh Blvd.
Frontenac, MO 63131
We hereby establish, at the request and for the account of Settler's Creek Apartments, LP, 607 S.
Lindbergh Blvd., Frontenac, MO 63131, in your favor as beneficiary, our Irrevocable Standby
Letter of Credit No. SCLO14524 in the amount of Three Hundred Eighty -Two Thousand Six
Hundred Sixty -Two and No/100 U.S. Dollars (US $382,662.00), (as more fully described
below), effective immediately and expiring at the close of banking business on February 1, 2009,
at our office at 23000 Mill Creek Blvd., Cleveland, Ohio 44122.
This Letter of Credit is intended for the funding required for the Settler's Creek 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 February 1, 2009, against sight drafts in an aggregate cumulative amount not to
exceed $382,662.00, dated the date of presentment, marked "Drawn Under National City Bank,
Letter of Credit No. SCL 014254 dated February 25, 2008," 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 $382,662.00 in the aggregate, presented
on or before this Letter of Credit expires, pursuant to the terms herein or (ii) the surrender to us
by you of this Letter of Credit for cancellation, this Letter of Credit shall automatically terminate.
Hatbnai City a
L/C No. SCLO14524
Page 2 of 2
GLOBAL TRADE SERVICES #7537
STANDBY LETTER OF CREDIT DEPARTMENT
P.O. BOX 6101
CLEVELAND, OH 44101.0101 U.S.A.
STREET ADDRESS:
23000 MILLCREEK BLVD.
CLEVELAND, OH 44122
SWIFT: NATCUS33
1-800-NCC•INTL
(622-4695)
FAX: (216) 912-4265
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 .
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, 2007
revision, ICC publication number 600,
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 requests for 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 'anyway
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).
1�
Authorized Signature
National City Bank
Sincerely,
Authorized Signature
National City Bank
IMYP'J /Rc�i n4/nn�
VnIVINAL
Natkmalc�®
GLOBAL TRADE SERVICES #7537
STANDBY LETTER OF CREDIT DEPARTMENT
P.O. BOX 5101
CLEVELAND, OH 44101.0101 U.S.A.
STREET ADDRESS:
23000 MILLCREEK BLVD.
CLEVELAND, OH 44122
EXHIBIT I
CERTIFICATE
SWIFT: NATCUS33
- 1-800-NCC-INTL
(622-4685)
FAX: (216) 912.4265
The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable
Letter of Credit No. SCLO14524 dated February 25, 2008, 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 of behalf of the City
of Fort Collins this day of ,
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
:A
[Title]
ORIGINAL
Nc1t101'iA
GLOBAL TRADE SERVICES #7537
STANDBY LETTER OF CREDIT DEPARTMENT
P.O. BOX 5101
CLEVELAND, OH 44101-0101 U.S.A.
STREET ADDRESS:
23000 MILLCREEK BLVD.
CLEVELAND, OH 44122
EXHIBIT 2
SWIFT: NATCUS33
1.800-NCC-INTL
(622-4685)
FAX: (216) 912-4265
Request for Amendment or Release of Letter of Credit #SCL014524
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 S
❑ 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
0
CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
(Name and Title)
u:lLelcr_rlj
3. Construction time restrictions: N/.
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 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 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 utility work or work within the ROW can occur until such time as the
applicant provides the City with the names of the sub contractors that will be doing such work
and the City confirms that said subs are properly licensed with the City or if not properly licensed
said subs obtain such licensure
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 an n ' ' so stated in this permit.
Applicant/Project Manager's Signature: Date: 6(0
Approval for issuance:
City Engineer Appro Date:
(Permit Issuance Date)
Exhibit `A' page 3 of 5
EXHIBIT 'A'
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Settler's Creek
Project A.K.A.:
Name, address and numbers
City Staff Contact Persons:
Development Engineer: Sheri L. Langenberger, P.E.
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6750 x7140
Construction Inspector:
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6605
Cell (970)
Current Planner: Ted Shepard
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6343
Water Utilities Engineer: Roger Buffington
700 Wood Street, Fort Collins, Co 80521
(970)221-6681
Erosion Control Inspector: D. A. Black
700 Wood Street, Fort Collins, Co 80521
(970)224-6700
Natural Resources: Dana Leavitt
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6143
Traffic Operations: Ward Stanford
625 Ninth Street, Fort Collins, Co 80524
(970)221-6820
Street closures: Syl Mireles
625 Ninth Street, Fort Collins, Co 80524
(970)221-6815
Transportation Planning: Denise Weston
250 N. Mason St., Fort Collins, Co 80524
(970)416-2643
Exhibit 'A' page 4 of 5
Forestry: Tim Buchanan
215 N. Mason St., Fort Collins, Co 80524
(970)221-6361
Light and Power: 141cl,�nAz,
700 Wood Street, Fort Collins, Co 80521
(970)221-6700
Developer's Contact Persons:
Project Manager/Developer/Owner:
Bryan Aston, Settler's Creek Apartments, L.P.
607 South Lindbergh Blvd., Frontenac, MO 63131
(314)983-9500
Fax (314) 983-9510
baston&minllc com
Project Engineer: Mike Walker, JR Engineering
2620 E. Prospect Road, Suite 190, Fort Collins, CO 80525
(970)491-9888
Fax (970) 491-9884
Mwalkerga irenginecrine com
Architect/Planner: Jim Parker or Steve Lull, Parker Associates
2202 E. 491h Street, Tulsa, OK 74105
(918)742-2485
arker arkertulsa.com
General Contractor: Eric Vessels, PCS of Colorado, Inc.
607 South Lindbergh Blvd., Frontenac, MO 63131
(314)983-9500
Cell (314) 280-1098
evessclsLa mlpllc.com
Exhibit `A' page 5 of 5
000000
n o ui of
0
VW
W LL
CL
000000
2a�
OOroc+iM ri
fA f9 (fl f9 0 0
W
»»
'K>
a0F
>
LLa m
W
o00000
o00000
O V O p 0 0
N O OW
F U F
N N
Q3M
O
{N{pp IV cN V ry
E9 fA fA di
�5.
1-NO
43
N Q
W
K
LL
2
W 000000
Z F F S 0 0 0 0 0 0
O? uj
F.1W WW
N f f F >U
Z H U. 0O
� �O0a
IL
Q
N N 0 V - n
= W
Ly ~ Z
C m �
2 W W
O>w
aO
am
00000000000
0 0 0 0 0 0 0 0 0 0 0
N �M M���ppY01 �0'I ro0001MOM
M W O>M MmC n�f9 'N i9�43 E9 f9 f9
00000000000
n n r o 0 0 0 0 0 0 0
O O O O O C i 0 N 0 0 i( i
f9 fA fAnnOn M MMM
lfl f9 �f9 fA di M t9
OOOOooOOOOO
O O O O 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0
r n<+1 C6rr nO W N V
<OmN hN OnNd)fA
O O O O O O O O O O O
O O O O o O 0 O O O O
O 1 0 0 0 0 N O O O O
a� ���cli
�.--
aODmNN NN
� N V
xx xxxxxxxx
e F(A LLLL () YUU IL IL LLUUUUUUUU
6@j� J J U UJ J J¢¢ Q Q Q Q Q Q
� LLI LLI LLJ 11I LLJ LLJ LLI LLI
2
J
N
U N
aw
a '
IL f
Q W
a y
N _ N
arc
_� �0'
y
a Q
o t m d d
i
000000
000000
M OOOMc�
N O O O N N
v 000vv
f9 f9 69 fA fA fA
LEMARRIMIKI
O
0000 o O 0
ry O W W O
O N T N W O
OooOOoo
O r N n W W
o �»as in f»f»w
d
f/1}LL Lim iiY }
J (nJJJ(Jj (n
r°
0�
al.
zcc
_ C
au
aF
H
2 U
Wa
>�
OLL
Kz
IL
2 F
FO
Q~
> W
S
a~
o
�
N
O
D
O
Z
U -
A
W
J
J
J
N
Q
N
N
LL
O
O
C
N
N
u
Z
'
N
M
O
N
N
IOH
l0'i
O
O
O
O
Q
O
C
J
O
N
_
�
A
L
@
M
N
W
LL M
t�f
th
a
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
0
0
0
0
0
_o
o
o
O
o
o
N
A
N
M
N
M
M
C
O
C
h
O
RAI
O
O�
�
�
m
�
W
�
�
OOOO
N
C
G
C
W
W
W
W
W
W
W
W
W
W
W
WO
WNmc
O0
O
OWO
OWOW
O
'O
6�3
•-
NroOW
_OWm1
cO
roWO
rnOcO
O
O
O
2
c
J
F-
O
O
c0
T
>.
N
>.
T
T
>.
T
>.
T
L
D
a
9
O
a
i6
W
O
L
a
a
a
i9
U
'00
a
O
a
O
D
j
N
W
i0
N
N
N
N
A
M
M
N
M
N
N
N
M
M
N
N
W
N
M
M
M
M
M
M
M
M
M
�
N
M
W
A
O
O
N
TF
C
O
c-oi
N
m
-
C
N
a
O
N
y
L
m
m 'N
C
O)
s
y
c
c
c
c
m
e
�
0
vv
y
U
n
o
f
S
v
a
a�
�
t
m
m
y w
o
y
3
O
m
a
v
a
a
v
m
b
p
b
E
a
3
U c �
a`
m
rii
w
�
m
UWON
4;10111L
<
Y1
W
A
W
01
O
N
M
O
N
W
A
W
O
O
N
M
V
N
W
A
W
O)
N
N
N
N
N
N
N
N
N
N
No Text
N
@
U
❑
O
Z
U
rn
J
J
M
�
N
N
z
a'
U
O
rn
J
7
7
ll
J
U
Q
M
J
U
m
a
LL
@
tmp
a
a
m
rn
m
rn
rn
m
rn
m
m
rnW.120.
NN
0
N
LL
0
LL
>
FLJ-
N
LL
IL
O
O
LL
IL
O
N
IL
O
O
aD
o
Im
o
rn
o
m
o
'rn
0
m
0
rn
o
m
0
rn
0
rn
0
m
o
m
rn
rn
m
rn
m
m
m
rn
rn
rn
m
'm
o
0
0
0
0
0
0
0
0
0
0
0
0
(O
J
C
O
D
y
J
L
J
t
C
O
C
O
M
C
V
D
J
N
M
-
C
C
C
7
�O
C
C
c
i
L
'~
p
3
H
H
J
H
c
c
li
O
g
O
i
O
3
m
ii
o
3
�
C
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
ry
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
❑
GO
N
N
m
N
N
m
N
N
M
.-
GOD
N
N
O
O
N
D
tD
m
O
@ E
N
m
^
m
U H
v
E
o_
'�,
E
E
.°
E
H
m
w
�
H
LL
w
E
E
or
LL
O
F-
m
�
❑
F-
1-
U'
LL
W
to
r
m
LL
�❑
r
r I
m
U O
1 �