HomeMy WebLinkAboutAGNEW CARWASH - Filed DCP-DEV. CONSTRUCTION PERMIT - 2008-07-08DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 07-17 Issuance Date: 5-30-07
Project Name: Agnew Car Wash
Project Location: SE Corner of Mulberry and Lemay on Frontage road
Permittee: Devon K. Smith — McCauley Constructors Inc PO Box 200 700 Automation
Drive, Suite H, Windsor, CO 80550
City and developer contacts: See attached Exhibit "A" for names and phone numbers of all
contact persons for this project.
Fees: Permit Application Fee (paid at the time of application) $ 400.00 - paid
Construction Inspection Fee (paid prior to issuance of this permit) $ 1,645,00
Total $ 2,045.00
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.
$ 46,154.00
Form of security deposited with the City: L.O.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.
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DEVELOPMENT CONSTRUCTION PERMIT
APPLICATION
(1/16/06)
For City use only: Application Number:
Application Date:
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,
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):
Agnew Car wash
Project A.K.A. (Marketing name if different from Project Name):
Breeze rhru Car Wash
Project Location: S LemayAve.andAfmAwrryFrontggeRoad(swth&WO)
Property Owner(At the time of this permit issuance):
Individual Name:
John Agnew and d_ And Agneµ,
Company Name:
Address:
Phone number(s).
P.O. Box 827 Frisco Colorado 80443
Office:
(970) 481-5544
Cell phone:
(970) 481-5544 (Andrea) (970) 485-0286 (John)
Fax number:
Email:
OwnCarWash@aol.com ; silverwash@aol.com
Applicant/Project Manager (The primary contact person for all matters regarding this project, and the
person responsible for all matters "the
referencing Developer" in the Development Agreement for this
project):
Individual Name:
John Agnew and Andrea Agnew
Company Name :
Address: --P.O.
Phone number(s).
Box 827 Frisgg, Colorado 80443
Office:
(970) 481-5544
Cell phone:
(970) 481-5544 (Andrea) (970) 485-0286 (John)
Fax number:
Email:
OwnCarWash@aol.com ; silverwash@aol.com
Development Construction Permit, Page 2/5
3. Construction time restrictions:
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(]) 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.
Development Construction Permit, Page 3/5
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:
Permittee's acknowledgment signature:
By signing this permit I acknowledges that 1 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: Date: $� a
Approval far issuance:
City Engineer Appro Date: 36� B7
(Permit Issuance Date)
Development Construction Permit, Page 415
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Development Engineer: Randy Maizland
281 N. College Avenue, Fort Collins, Co 80524
(970)416-2292
rmaizland@fcgov.com
hAv t; 43ve
Construction Inspector: Wayne Lenard — Senior Construction Inspector
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6605
Lg70 d•T8 - 1T10
Current Planner: Ted Sheppard
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6343
Water Utilities Engineer: Roger Buffington
700 Wood Street, Fort Collins, Co 80521
(970)221-6700
Erosion Control Inspector: Jay Barber
700 Wood Street, Fort Collins, Co 80521
(970)224-6063
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: David Averill
210 E. Olive, Fort Collins, Co 80524
(970)416-2643
Forestry: Tim Buchanan
281 N. College, Fort Collins, Co 80524
(970)221-6361
Light and Power: Alan Rutz
700 Wood Street, Fort Collins, Co 80521
(970)224-6153
4 of 5
Developer's Contact Persons: Development Construction Permit, Page 515
Project Manager: John Agnew and Andrea Agnew
P.O. Box 827
Frisco, CO 80443
(970)481-5544
Fax (970) 481-5544 John
Fax (970) 485-0286 Andrea
OwnCarWasba.a01 com
silverwashna,aol.com
Owner: John Agnew and Andrea Agnew
P.O. Box 827
Frisco, CO 80443
(970) 481-5544
Fax (970) 481-5544 John
Fax (970) 485-0286 Andrea
OwnCarWash@aol.com
aol.com
silverwash&aol.com
Developer: John Agnew and Andrea Agnew
P.O. Box 827
Frisco, CO 80443
(970)481-5544
Fax (970) 481-5544 John
Fax (970) 485-0286 Andrea
OwnCarWash(a)ao l.com
silverwash@aol.com
Project Engineer: James T. Jones — Jones Engineering Assoc., Inc.
2120 W. Littleton Blvd., Suite 205
Littleton, CO 80120
(303) 738-0283 office
(303) 385-0611 cell
fax (303) 738-0285
brian@ionesea.com
Architect: Norm Herman — N.C.A.R.B. — Archodey Architects
2100 W. Littleton Blvd., Suite 200
Littleton, CO 80120
(303) 385-1203 office
(303) 738-0285 fax
normherman(a,arcodev.com
WITIR
Home State
B A N K
May 30, 2007
City of Fort Collins
Engineering Department
281 N. College Avenue
Fort Collins, Colorado 80524
Dear Sirs:
(COPl l
We hereby establish, at the request and for the account of John Agnew and Andrea Agnew
your favor as beneficiary, our Irrevocable Letter of Credit No. 562 , in the amount of Fortsisix_
Thousand one hundred fifty four Dollars ($46,154.00) (as more fully described below), effective
immediately and expiring at the close of banking business on May 30, 2008 at our office at
3227 S. Timberline Road Fort Collins CO 80525.
This Letter of Credit is intended for the funding required for the
construction of car wash located at 1171E MulberryFort Collins CO 80524 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 May 30, 2008
against sight drafts in an aggregate cumulative amount not to exceed 46 154.00, 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 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 $46,154.00 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.
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
(970)203-6100
www.homestatebanlCcom
300 E. 29th Street 935 N. Cleveland 1355 E. Eisenhower 2695 W. Eisenhower 303 E. Mountain 32277imberline
Loveland. CO 80538 Loveland. CO 80537 Loveland. CO 80537 Loveland. CO 80537 Fort Collins. CO 80524 Fort Collins. CO 80525 Member FDIC
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,
James K Varlamos
Vice President, Issuer
Issuing company name: Home State Bank
Address: 3227 South Timberline Road, Fort Collins, CO 80525
Phone Number: 970.203.6100
EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable
Letter of Credit No. 562 dated May 30. 2007 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 46 154.00, which is the amount of the draft presented with this
Certificate, is the amount currently due to the City of Fort Collins from John and Andrea Agnew;
(d) The amount of the accompanying draft together with all previous draws under the
Letter of Credit do not exceed in the aggregate 46 154.00; 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
Lo
[Title]
EXHIBIT 2
Request for Amendment or Release of Letter of Credit # 562
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 ofFort Collins
this day of
Lo
CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
(Name and Title)