HomeMy WebLinkAboutBLOCK 104 LOTS 5-8 415 SOUTH MASON STREET - Filed DCP-DEV. CONSTRUCTION PERMIT - 2011-08-19DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 11-08 Issuance Date: L it
Project Name: 415 S. Mason
Project A.K.A.:
Project Location: 415 S. Mason
Permittee: Andre Mouton
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) $ 1259.28
Total $ 1659.28
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.
$ 37,043.63
Form of security deposited with the City: -7 LtoG
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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City of Fort Collins Utilities
700 Wood Street
PO Box 580
Fort Collins, CO 80522
PAYMENT RECEIPT
CUSTOMER NAME
CUSTOMER ADDRESS
CUSTOMER PHONE
NUMBER
DATE
Andre Mouton
415 S. Mason
Fort Collins, CO 80524
June 22, 2011
PERMIT NUMBER
JOB
SUBDIVISION
JOB ADDRESS
PAYMENT
TYPE
CHECK #
AMOUNT
415 S Mason St.
check
1007
$3,000.00
FOR
RECEIVED BY:
® Erosion Control Escrow
❑ Flood Plain Use Permit
❑ Grading Escrow
❑ Lease or Water Rental
Nancy Wiedeman
f K L
10403 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 303-232-2000
August 4, 2011
City of Fort Collins
Engineering Department
281 N. College Ave.
Fort Collins, Colorado 80524
Dear Sirs:
We hereby establish, at the request and for the account of MC 4Q, PC, Yinour favor
beneficiary, our Irrevocable Letter of Credit No. 811-4603, in the amount of Thirty Seven Thousand
Forty Three and 63/100 Dollars ($37,043.63) (as more fully described below), effective immediately
and expiring at the close of banking business on August 4, 2012, at our office at 10403 West Colfax
Avenue, Lakewood, Colorado 80215.
This Letter of Credit is intended for the funding required for the
415 S. Mason DCP 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 August 4, 2012, against sight drafts in an aggregate
cumulative amount not to exceed $37,043.63, 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 $37,043.63 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
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 attached 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,
C]
Dawn M. Davis
Senior Vice President
Issuing company name: FirstBank
Address: 10403 West Colfax Avenue, Lakewood, CO 80215
Phone Number: 303-232-3000
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
[Title]
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
[Check applicable boxes.] (Developer), the following:
❑ 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, Page 2/6
3. Construction time restrictions:
4. The applicant understands that additional permits maybe 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.
S. 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
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.
1 l . 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 co itions so stated in this permit.
Applicant/Project Manager' s Signature: Date: ZAI / t
Approval for issuance:
City Engineer Approves Cc. t � c� L Date:
(Permit Issuance Date)
Development Construction Permit, Page 4/6
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: 415 S Mason
Project A.K.A.: NA
City Staff Contact Persons:
Development Engineer:
Susan Joy, 281 N. College Ave., Fort Collins, CO 80521
Office 970-221-6581 Fax 970-221-6378
Email: sjoya(
'_,fcgov.com
Construction Inspector:
Dan Peterson, 281 N. College Ave., Fort Collins, CO 80521
Office 970-222-8780 Fax 970-221-6378
Email: dpeterson(a]fc ov com
Current Planner:
Ted Shepard, 281 N. College Ave., Fort Collins, CO 80521
Office 970-221-6343 Fax 970-221-6378
Email: tshepardkfc ov.com
Water Utilities Engineer:
Roger Buffington, 700 Wood St., Fort Collins, CO 80521
Office 970-221-6854 Fax 970-221-6619
Email: rbuffin ton fc ov com
Erosion Control Inspector:
D.A. Black, 700 Wood Street, Fort Collins, CO 80521
Cell 970-218-3011 Fax 970-221-6619
Email: dblack(& c ov.com
Natural Resources:
Lindsay Ex, 281 N. College Ave., Fort Collins, CO 80521
Office 970- 224-6143 Fax 970-221-6378
Email: lexAa fc ov.com
Development Construction Permit, Page 5/6
Traffic Operations:
Syl Mireles, 626 Linden Street, Fort Collins, CO 80521
Office 970-221-6815 Fax 970-6282
Email: smirelesafc ov.com
Transportation Planning:
Matthew Wempe, 215 N. Mason, Fort Collins, CO 80521
Office 970-416-2040 Fax 221-6239
Email: mwempegfc ov.com
Forestry:
Ralph Zentz, 215 N. Mason, Fort Collins, CO 80521
Office 970-224-6302 Fax 970-221-6586
Email: rzentz c fcgov.com
Light and Power:
Doug Martine, 700 Wood Street, Fort Collins, CO 80521
Office 970-224-6152 Fax 970-221-6619
Email: dmartinegfc ov.com
Developer' Contact Persons:
Project Manager:
Andre Mouton, Mason 415 LLC, 415 S Mason St, FC 80521
Office 970-412-7677 Cell 970-412-7677
Email: amouton99Amsn.com
Developer:
Andre Mouton, Mason 415 LLC, 415 S Mason St, FC 80521
Office 970-412-7677 Cell 970-412-7677
Email: amouton99Amsn.com
Owner(s):
Andre Mouton, Mason 415 LLC, 415 S Mason St, FC 80521
Office 970-412-7677 Cell 970-412-7677
Email: amouton99 a msn.com
Planner:
Greg Howes, R3 Design Architecture, 355 Bellair Ct, Broomfield, CO 80020
Office 303-439-0822
Email: r3designgearthlink net
Development Construction Permit, Page 6/6
Project Engineer:
Kevin Brazelton, Northern Engineering, 200 S. College, Ste 100, FC 80521
Office 970-221-4158 Fax 970-221-4159
Email: Kevin ,northernen ineerin com
General Contractor:
Bryon Holloway, Thunderpup Construction, Inc., 309 S Link Ln, FC 80521
Office 970-224-9200 Fax 970-224-2062
Email: bryon a thunderpu com
W. MAGNOLIA STREET
PROPERTY LINE 47.5'
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Proposed Project Schedule at 415 S. Mason
The proposed project schedule for public improvements to be constructed underground, to
include all private improvements that are required to be inspected by the City Construction Inspectors
will approximately 14 days. Actual time and dates are to be determined upon approval of a building
permit.