HomeMy WebLinkAboutPROVINCETOWNE THIRD PHASE 4 C - Filed DCP-DEV. CONSTRUCTION PERMIT - 2011-08-04City of
Fort Collins
ngineeriin�
City of Fort Collins, Colorado
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 1 ) - b _f Issuance Date: 1/-Z-1 �l I
Project Name: Provincetowne Filing 3, (Phase 4C)
Project Location: Southwest of Lemay Ave/ Trilby intersection
Permittee: Larry Buckendorf, Crow Creek Construction (970) 330-5070
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 pd 5/2/11) $ paid.
Construction Inspection Fee (paid prior to issuance of this permit) $ 16,678.80
Street Cut Fee (to be paid separately) $
Total amount due $ 16, 678.80
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.
$ 768,366.13
Form of security deposited with the City: 'to+J-h
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.
PRINCIPAL: Provincetowne, LLC
DEVELOPER: Crow Creek Construction, LLC
Troy C. McWhinney
Printed Name
Title,/ Managing Member
Jeff L. Demaske
Printed Name
By:
it e: Managing Member
SURETY: Merchants Bonding Company (Mutual)
I0
Michael J. Schmitt
Printed Name
1 (�� 10L' YY�
Attorney -in -Fact (attach Power of Attorney)
coopY
MERCHANTS
BONDING COMPANY
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
Mike Schmitt, Donna Birlef l
of Greeley and State of Colorado its true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
TEN MILLION ($10,000,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this 8th day of July , 2009.
���NG CQMA •• MERCHANTS BONDING COMPANY (MUTUAL)
;�o•oRPoq .yy.
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•F�..� -0- O •
1933 .� c: By
••J6�� � \1�C • President
STATE OFIOWA •••'••••'•••
COUNTY OF POLK ss.
On this 8th day of July 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the
Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
t CINDY SMYTH �.
Commission Number 173604
My Commission Expires
March 16, 2012 Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this f July 2011
•.•....
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p vpp9 'Oy•. /j
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. x ; . 3 • Secretary
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POA 0001 (1/09)c .•
3. Construction time restrictions: N/A
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.
2
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 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 Signatur • ate: —7/�
Approval for issuance:
City Engineer Approva . C� -, -� Date: V 2111 l
(Permit Issuance Date)
Page 3 of 5
EXHIBIT `A'
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Provincetowne Filing 3 (Phase 4C)
Project A.K.A.:
Name, address and numbers
City Staff Contact Persons:
Development Engineer: Sheri Langenberger
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6573
Construction Inspector: Wayne Lenard
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6605
Cell (970) 222-6812
Current Planner: Steve Olt
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6750
Water Utilities Engineer/ Wastewater Engineer:
Terry Farrill
4700 S. College Ave, Fort Collins, Co 80525
(970) 226-3104
Erosion Control Inspector: D. A. Black
700 Wood Street, Fort Collins, Co 80521
(970) 224-6700
Natural Resources: Lindsay Ex
281 N. College Avenue, Fort Collins, Co 80524
(970) 224-6143
Traffic Operations: Joe Olson
625 Ninth Street, Fort Collins, Co 80524
(970) 221-6062
Street closures: Syl Mireles
625 Ninth Street, Fort Collins, Co 80524
(970) 221-6815
Forestry: Tim Buchanan
215 N. Mason St., Fort Collins, Co 80524
(970) 221-6361
Page 4 of 5
Light and Power: Doug Martine
700 Wood Street, Fort Collins, Co 80521
(970) 221-6700
Developer's Contact Persons:
Project Manager: Larry S. Buckendorf, J.D.
Journey Homes
7251 W. 20" St, Building L, Suite 200
Greeley, CO 80634
(970) 352-7072
Fax (970) 330-5357
IgM@ioumpjLhomes.com
Developer/ Owner: Troy McWhinney, Provincetowne, LLC
2725 Rocky Mountain Ave, Suite 200
Loveland, CO 80538
(970) 962-9990
Cell (970) 227-9269
Fax (970) 635-3003
TroyMa,,mcwhinne .com
Project Engineer: John Meyers, JR Engineering
2620 E. Prospect Rd, Suite 190
Fort Collins, Co 80525
(970) 491-9888
Fax (970) 491-9989
iemaers@,irengineering.com
ineering.com
General Contractor: Matt Walsh, Walsh Construction Inc
8139 Open View Place
Loveland, Co 80537
(970) 622-8227
Cell (970) 290-8141
Matt.walsha,skybeam.com
Grading Contractor: Chris Hogan, Hogan Action Services
9035 Wadsworth Parkway, Suite 4100
Westminster, CO 80021
(303) 421-3478
Cell (303) 472-8819
Fax (303) 421-3488
Page 5 of 5
choganna hoganaction.com
Utility Contractor: Joe Schumacher, Crow Creek Construction, LLC
7251 W. 20t', Suite 200, Greeley, CO 80634
(970) 330-5070
Cell (970) 397-9880
Fax (970) 330-6044
Loe@crow-creek.com
Concrete Contractor: LEC Construction, LLC
3310 State Street, Evans, CO 80634
(970) 584-4460
Fax (970) 330-5314
Lanny E. Cogburn (970) 584-4410
Landon E. Cogburn (970) 584-4420
Jeffery L. Cogburn (970) 584-4416
Paving Contractor: Lafarge West, Inc
1800 North Taft Hill Road
Fort Collins, Co 80521
(970) 407-3600
Fax (970) 407-3902
Page 6 of 5
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Bond # COC 59800
DEVELOPMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that we, Provincetowne, LLC & Crow Creek
Construction, as Principal/Developer, hereinafter referred to as the "Developer" and Merchants
Bonding Company, a corporation organized under the laws of the State of Iowa, as Surety,
hereinafter referred to as "Surety", are held and firmly bound unto the CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter referred to as the "City", in the sum of Seven
Hundred Sixty Eight Thousand Three Hundred Sixty Six Dollars and 13/100's Dollars
($768,366.13), to be paid to the City, for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, firmly by these presents.
WHEREAS, the Developer has submitted to the City for its approval of the following
development project: Provincetowne Filing 3, (Phase 4C) ; and
WHEREAS, the City has approved said development project and the Developer and the City
have executed a Development Agreement dated November 21, 2006 pertaining to the development
project (the "Development Agreement") a copy of which is by reference made a part hereof; and
WHEREAS, the City Code requires that the Developer post a bond equal to the total cost to
construct the Developer's portion of the public infrastructure (which, upon completion and
acceptance by the City shall become the property of the City), which for the above -described
development project shall be Seven Hundred Sixty Eight Thousand Three Hundred Sixty Six Dollars
and 13/100's ($768,366.13) with such Surety to be upon condition that the bond remain in full force
and effect until such time as the City releases such bond, which release shall occur upon (1) issuance
to the Developer of a notice of final acceptance stating that all of the public infrastructure
improvements have been completed in accordance with the approved plans for said development
project and the specifications and standards of the City; and (2) delivery to the City by the Developer
of a bond, cash or other securing deposit in a form acceptable to the City to guarantee that the
Developer shall maintain and repair all of said public infrastructure improvements in accordance
with the City Code.
NOW, THEREFORE, the condition of this obligation is such that if the Developer shall truly
and faithfully perform to the satisfaction of the City its obligations in constructing, maintaining and
repairing the public infrastructure constructed in connection with the aforesaid development project
in accordance with the City Code (including the Land Use Code), and the Development Agreement,
then this obligation shall be void; otherwise to remain in full force and effect.
w _
DATED this day of
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