HomeMy WebLinkAboutBLOCK 19 LOTS 1-6 BOHEMIAN OFFICE BUILDING 260 EAST MOUNTAIN AVENUE - Filed DCP-DEV. CONSTRUCTION PERMIT - 2011-09-19DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 08-16 Issuance Date: _ September ) 5.2008
Project Name: Bohemian Office Building
ProjectA.KA.: 260 E. Mountain
Project Location: Mountain & Walnut
Permittee: . David Neenan The Neenan Company, 2620 E. Pros ect Rd.Suite 104
Fort Collins. CO 80525
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) $ 3.279.05 LA )
Total $ 3,679.05 (mm J.
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.
$ 97,791.29
Form of security deposited with the City: Bank 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.
3. Construction time restrictions: N/A
EXHIBIT 2
Request for Amendment or Release of Letter of Credit # 43011170
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
City of Fort Collins (Beneficiary) and between the
(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
as
CITY OF FORT COLLINS, COLOR -ADO
a Colorado municipal corporation
(Name and Title)
Development Construction Permit, page 2/5
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 thus
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; 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
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.
I I. 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: Grading of the driveway access on Walnut will need to be resolved
prior to full building vermit issuance to go vertical above grade Plan revisions will be required
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: ate' Date:
Approval for issuance:
, z City Engineer Approval: Date: / v50
(PerAt Issuance Date)
Development Construction Permit, Page 4/5
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Development Engineer:
Randy Maizland
281 N. College Avenue, Fort Collins, Co 80524
(970) 416-2292
rmaizland@fcgov.com
Construction Inspector:
Tracy Dyer
281 N. College Avenue, Fort Collins, Co 80524
(970) 222-0855
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) 221-6700
Erosion Control Inspector:
DA Black
700 Wood Street, Fort Collins, Co 80521
(970) 221-6700
Traffic Operations:
Joe Olson
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:
Denise weston
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
-- 4of5
Project Manager: Stuart MacMillan
Mountain 252, LLC
3003 East Harmony Road, Suite 400
Fort Collins, CO 80526
(970) 226-1500 Office
(970) 215-7000 Cell
Fax (970) 223-4156
stuartna,everittcompanies com
Owner: Mountain 252, LLC
103 W. Mountain Ave.
Fort Collins, CO 80524
(970) 482-3037
Stu ala, everittcompanies com
Developer: Stuart MacMillan
Mountain 252, LLC
3003 East Harmony Road, Suite 400
Fort Collins, CO 80526
(970) 226-1500 Office
(970) 215-7000 Cell
Fax (970) 223-4156
stuartr@everittcompanies com
Project Engineer: John Meyers, JR Engineering
2620 E. Prospect Rd., Suite 190
Fort Collins, CO 80525
(970) 491-9888
fax (970) 491-9984
is arone�@iren ineerinQ.com
Architect: Roger Curtis
Northern Engineering Services, Inc.
200 S. College Ave., Suite 100
Fort Collins, CO 80524
(970) 221-4158 office
(970) 690-0928 cell
(970) 221-4159 fax
budna northernengineering com
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AP:wv
FIRST WESTERN TRUST BANK
NORTHERN COLORADO
September 11, 2008
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 accountcountain 252, LLC, 103 W. Mountain Ave., Ft.
Collins, Colorado), in your favor as beneficiary, our Irrevocable Letter of Credit No. 43011170, in the amount of
Ninety Seven Thousand Seven Hundred Ninety One dollars and 29/100 Dollars ($97,791.29) (as more fully
described below), effective immediately and expiring at the close of banking business on September 11, 2008, at
our office at 3003 E. Harmony Road, Suite 200, Ft. Collins, CO 80528.
This Letter of Credit is intended for the funding required for the
Mountain 252, LLC 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
September 11, 2009, against sight drafts in an aggregate cumulative amount not to exceed $97,791.29, 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. In addition, the original of the Letter of Credit must be presented for our
endorsement of our payment of such draft. Each draft must be marked "Drawn under First Western
Trust Bank, Letter of Credit No. 43011170."
Presentation of such draft and certificate shall be made at our office referred to above. Payment of any draft(s)
drawn and presented under and in compliance with the terms of this Letter of Credit will be made by our issuance
of a cashier's check and made payable to "City of Ft. Collins". Such check will be forwarded to you at your
address above via express courier or at your option via wire transfer pursuant to instructions received from you.
Upon the earlier of (i) our honoring your draft(s) totaling $97,791.29 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 . The
original Letter of Credit must be returned to us to complete this transaction.
318 CANYON AVENUE SUITE 100 FORT CO_LINS, COLORADO ZIP CODE 80521
TELEPHONE 970.484.9222 FACSIMILE 970,416.9321 WWW.FWTB.COM
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).
We agree that we will not inquire as to the accuracy of the statement worded as quoted above in any
signed and dated statement presented to us under this Letter of Credit. We also agree that, with respect
to our obligation to pay a drawing which conforms to the requirements of this Letter of Credit, such
obligation will not, except to the extent that any such obligation may be altered by any law or regulation
or court order, be affected by any dispute between the Applicant and the Beneficiary regarding the
content or accuracy of any statement presented with such drawing.
Si erely,
Krisd L. Benningsdorf
Senior Vice President
Issuing company name: First Western Trust Bank
Address: 3003 E. Harmony Road, Suite 200
Ft. Collins, CO 80528
Phone Number: 970-484-9222
EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable Letter of
Credit No. 43011170 dated September 11, 2008, 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
By:
[Title]