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Home My WebLink AboutPRESIDIO APARTMENTS OFF-SITE - Filed DCP-DEV. CONSTRUCTION PERMIT - 2011-08-04City of Planning, Development & Transportation Engineering art Collins P.O.BoNorth College Avenue FP.O. Box 580 Fort Collins, CO 80522.0580 970.221.6605 970.221.6378 - fax fcgov. comlengineering DEVELOPMENT CONSTRUCTION PERMIT Permit Number: 1 5 Issuance Date: 7 a� Project Name: Presidio Apartments (Associated Off -Site Improvements) Project Location: The parcel bordered by Rock Creek Drive, Lady Moon Drive, Cinquefoil Lane, and Precision. (Northeast comer of Section 4, Township 6 North, Range 68 West of the 6 P.M. City of Fort Collins, Colorado) Permittee: Imago Enterprises, Inc., Lester M. Kaplan, President 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 Construction Inspection Fee (paid prior to issuance of this permit) $ 13,W, 7-60 Total $ p Development Bond or other approved security: Amount of security deposited with the City to guarantee the completion of all public r�rovement�to be constructed as shown on the approved plans for the development. 3 5 Form of security deposited with the City: >l eider o� &eob+ 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. Presidio Apartments - On -site and Off -Site Work 7/13/2011 DCP PRECONSTRUCTION MEETING ATTENDANCE SHEET Contact name /_/A,.'4 5/' 5" / f'lt 411 '0 lD N ter/ Company Name P1t'A-.SO N .vc,a SIDS" Z JC6( Address 70 - �� /`-e9 cl Phone Number/email address / �j. � i �►� G4.o � � �� q� (-via �- 1,2 c) t V h �e r,3 } � i e "" Q� OS'3. �'V -46 41 1146 Icki %%C.StaT70ff 97v S�7- v as U / _ a 60.,J 2 --01 oo r- �' Nlc Hts CC U.1 vS co Zaro 5. C,a zrti: Avg., f t o q"0. Z�y. v10 �.l co u.►r r>, C 0 ab 52,I{- °t-�o. ZZI.4(s8 C,Cu lro �v M eR-lrNA, ell- r r s l o�.� 3 (D t )� C /,l cl� -�Yz2 iOi?A t 0 � C i -1, F- z f G f" j if- q�no5,'o ti :2 0 Ll - o t o 0 L�0 f c.r s�,a�o 2,2,Z' 01,92-y /,-/c f a(r-)cr Dom. 14 U r +- Cd I i n st Cc dJ � oc First National Bank Global Banking Group 1620 Dodge Street Omaha NE 68197-1096 1.888.464.7804 SWIFT: FNBOUS44 IRREVOCABLE LETTER OF CREDIT NO. STB11200038 ISSUANCE DATE: JULY 25, 2011 AMOUNT: $379,385.58 BENEFICIARY: CITY OF FORT COLLINS ENGINEERING DEPT. 281 N. COLLEGE AVE. FORT COLLINS, CO 80524 DEAR SIR OR MADAM: EXPIRATION DATE: JULY 25, 2012 APPLICANT: IMAGO ENTERPRISES, INC. 123 NORTH COLLEGE AVE. SUITE 200 FORT COLLINS, CO 80524 WE HEREBY ESTABLISH AT THE REQUEST AND FOR THE ACCOUNT IMAGO ENTERPRISES, INC., IN YOUR FAVOR AS BENEFICIARY, OUR IRREVOCABLE LETTER OF CREDIT NO. STB11200038 IN THE AMOUNT OF US DOLLARS THREE HUNDRED SEVENTY NINE THOUSAND THREE HUNDRED EIGHTY FIVE AND 58/100 ($379,385.58)(AS MORE FULLY DESCRIBED BELOW), EFFECTIVE IMMEDIATELY AND EXPIRING AT THE CLOSE OF BANKING BUSINESS ON JULY 25, 2012, AT OUR OFFICE LOCATED AT FIRST NATIONAL BANK OF OMAHA, ATTN: INTERNATIONAL DEPT., 1620 DODGE STREET, SC 1096, OMAHA, NE 68197-1096. THIS LETTER OF CREDIT IS INTENDED FOR THE FUNDING REQUIRED FOR THE PRESIDO APARTMENT 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 JULY 25, 2012, AGAINST SIGHT DRAFTS IN AN AGGREGATE CUMULATIVE AMOUNT NOT TO EXCEED $379,385.58 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 $379,385.58 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 Page 1 of 4 -- ------------ --- ----�-,,-. 0 R I GI MS�L p '� - -- ---- -- First National Bank Page: 2 Global Banking Group 1620 Dodge Street Omaha NE 68197-1096 1.888.464.7804 SWIFT: FNBOUS44 Date: July 25, 2011 Our Reference No: 11200038 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. 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 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, CERTIFIED MAIL OR BY OVERNIGHT COURIER. THIS LETTER OF CREDIT IS NOT TRANSFERRABLE. 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; ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENTS, INSTRUMENT OR AGREEMENT EXCEPT FOR SUCH CERTIFICATE AND DRAFT(S). 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. SINCERELY, ?NAtM.ARY JOLDERSMA TITLE: TRADE SERVICES SPECIALIST OFFICE: FIRST NATIONAL BANK OF OMAHA, PHONE NUMBER: 402-602-3564 INTERNATIONAL DEPARTMENT Page 2 of 4 ORIGIIAP a) First National Bank Global Banking Group 1620 Dodge Street Omaha NE 68197-1096 1.888.464.7804 SWIFT: FNBOUS44 Page: 3 Date: July 25, 2011 Our Reference No: 11200038 EXHIBIT 1 CERTIFICATE THE CITY OF FORT COLLINS HEREBY CERTIFIES AS FOLLOWS WITH RESPECT TO THE CERTAIN IRREVOCABLE LETTER OF CREDIT NUMBER STB11200038 DATED JULY 25, 2011, ESTABLISHED IN FAVOR OF THE CITY OF FORT COLLINS, COLORADO (THE "LETTER OF CREDIT"): (A) HE(SHE) IS AUTHORIZED TO EXECUTE THIS CERTIFICATE ON BEHALF OF THE CITY OF FORT COLLINS; (B) THE APPLICANT 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 LTTER 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 ON BEHALF OF THE CITY OF FORT COLLINS THIS DAY OF , THE CITY OF FORT COLLINS, COLORADO A MUNICIPAL CORPORATION BY: (TITLE) Page 3 of 4 ---- -- —-------- —oil -------- ORIGIPOOS 0) First National Bank EXHIBIT 2 Global Banking Group 1620 Dodge Street Omaha NE 68197-1096 1.888.464.7804 SWIFT: FNBOUS44 Page: 4 Date: July 25, 2011 Our Reference No: 11200038 REQUEST FOR AMENDMENT OR RELEASE OF LETTER OF CREDIT STB11200038 THE CITY OF FORT COLLINS CERTIFIES THAT THE PERSON SIGNING BELOW IS AUTHORIZED TO EXECUTE THE 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 BUILDING 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 BY: (NAME AND TITLE) Page 4 of 4 Y ORIGINP OV Development Construction Permit, Page 2/6 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 ifthere 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 M 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: _ M a W- I %/a�t1,/f / : 6e+tov- cF Credi4- /'ecie4d in otcceptvtbi& 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 d% /Date.. Approval for issuance: City Engin — Date:2..a / //// (Permit suance Date) ZWiA4L Development Construction Permit, Page 4/6 EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Presidio Apartments (Associated Off -Site Improvements) Project A.K.A.: NA City Staff Contact Persons: Development Engineer: Andrew Carney, 281 N. College Ave., Fort Collins, CO 80521 Office 970-221-6501 Fax 970-221-6378 Email: acarnevna,fcgov.com Construction Inspector: Wayne Lenard, 281 N. College Ave., Fort Collins, CO 80521 Office 970-416-2011 Cell: 970-222-6824 Email: wlenardafc og_v.com Current Planner: Ted Shepard, 281 N. College Ave., Fort Collins, CO 80521 Office 970-221-6343 Fax 970-221-6378 Email: tshepard(a fcgov.com Erosion Control Inspector: D.A. Black, 700 Wood Street, Fort Collins, CO 80521 Cell 970-218-3011 Fax 970-221-6619 Email: dblack ,fcgov.com Natural Resources: Erica Saunders, 215 N. Mason St., Fort Collins, CO 80521 Office 970-416-2032 Email: eaaunders a,fcaov.com Traffic Operations: Syl Mireles, 626 Linden Street, Fort Collins, CO 80521 Office 970-221-6815 Fax 970-6282 Email: smirclesWceov.com Transportation Planning: M Development Construction Permit, Page 516 Kathleen Bracke, 281 N. College Av., Fort Collins, CO 80521 Office 970- 224-6140 Email: kbrackefc ov.com Forestry: Ralph Zentz, 215 N. Mason, Fort Collins, CO 80521 Office 970-224-6302 Fax: 970-221-6586 Email: rzentz ,fegov.com Light and Power: Doug Martine, 700 Wood Street, Fort Collins, CO 80521 Office 970-224-6152 Fax 970-221-6619 Email: 4dmartine0fc ov.com Developer' Contact Persons: Project Manager/Developer/Owner: Lester Kaplan, Imago Enterprises, Inc., 140 Palmer Drive., Fort Collins, CO 80525 Office/Cell:970-226-6819 Fax:970-207-9256 Email: lesterkaplanaa,comcast net Project Engineer/Planner: Nick Haws, Northern Engineering Services, 200 S. College Ave., Fort Collins, CO 80525 Office:970-221-4158 Cell:970-468-5414 Fax: 970-221-4159 Email: nick« orthernen ineerin com General Contractor: Evan Swift, Drahota Construction, 4700 Innovation Dr. Fort Collins, CO 80527 Office:970-204-0100 Cell:970-566-1371 Fax: 970-204-0200 Email: evan.swift(-?a,drahota com Grading/Utility/Paving Contractor: Chad Holman, Gerrard Excavating Inc., 27486 County Road 13, Loveland CO, 80534 Office:970-669-1463 Fax:970-669-1964 Email: cholmanna,gerrardinc com Concrete Contractor: Lindsay Pierson, Pierson's Concrete Construction Company 5305 Ziegler Rd., Fort Collins, CO 80528 Office:970-221-1509 Fax:970-407-8116 Email: Lindsapiersonconcrete com Landscape Contractor: Scott Harper, C.W. Landscaping, 10204 Wadsworth Boulevard, Broomfield, CO 80021 Development Construction Permit, Page 6/6 Office:303-465-1420 Fax:303-465-0274 Email: scottagwscott.com M in i n .3 $... - �,�� i' r � + 4 _ �s x w o f P � P R. 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