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HomeMy WebLinkAboutPOUDRE VALLEY HEALTH SYSTEM HARMONY CAMPUS MEDICAL CENTER SECOND - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-03-07City of Fort Collins, Colorado DEVELOPMENT CONSTRUCTION PERMIT Permit Number. ( -� Issuance Dater Project Name: Poudre Valley I Iealth System Harmony Campus Medical Center, Second Filing I(?hasc 2 Project A.K.A.: PVHS Master Infrastructure Plan —Phase 2 Project Location: Southeast comer of Harmony Road and Timberline Road Permittee: Linda Gesick. PVHS, (970) 297-6710 City and developer contacts: See attached Exhibit "A "for names and phone numbers of all contact persons for this project. Fees: Permit Application Fee ($300.00) $ paid Construction Inspection Fee (paid prior to issuance of this permit) $ 22,274.95 Total $ 22,274.85 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. $_559,974.28 (Security for Phase 2 public infrastructure work) Form of security deposited with the City: $ 250,000.00 (Security for traffic signal design and installation at Snow Mesa Drive) Form of security deposited with the City: ', 7 L �/ %i u c -/� -/ PERFORMANCE REQUIREMENTS OF THIS PERMIT: 1. The Permitlec 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 Pcrmittee 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 I;nginccr" and "Engineer" shall mean a Professional Engineer licensed in Colorado.) 1 of 5 �I 1 II� A, Mx �i J �I� e � i m . _ MISS HIM",l II r g a Ito '.. Z Id9 �4n m% _J -1 oil FfiIhC www,emrcmm n. rvGv �w wl-x I P O, . 205 West Oak Street First National Bank ro Box ox57578 Fort Collins. CO 80023-0673 970.-:82.4861 August 13, 2004 City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, Colorado 80524 Dear Sirs: We hereby establish, at the request and for the account of Poudre Valley Health Care, Inc. in your favor as benefician✓, our Irrevocable Letter of Credit No. 3330, in the amount of Five Hundred Fiftv Nine Thousand Nine Hundred Seventy Four Dollars and Twenty Eight Cents (S559,974.28) (as more fully described below), effective immediately and expiring at the close ofbanking business on August 13. 2005, at our office at 205 West Oak Street. Fort Collins, Colorado 80521. This Letter of Credit is intended for the funding required for the Poudre Valley Health System Harmony Campus'.Vledical Center Second Filing 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. (Specifically; for "Installation of sewer and water lines related to Phase II of development. Grading, concrete (curb/gutter and sidewalks), and paving related to the street improvements for Phase II of the development. Regional storm drainage and detention systems related to the Phase II of development. Surface improvements related to the Harmony/Snow Mesa Drive intersection." ) Funds under this Letter of Credit are available to you for one or more drawings prior to the close of business on August 13, 2005, against sight drafts in an aggregate cumulative amount not to exceed $559,974 28, 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 ofExhibitI hereto. Presentation of such draft and certificate shall be made at our office referred to above. Upon the earlier of our honoring your drafts) totaling $559,974 28 in the aggregate presented on or belbre this Letter of Credit expires pursuant to the terms herein or (ii) the surrender to us by you ofthis Lotter of Crcdit 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 maybe 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, 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 (arm 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). Vice President Acknowledged: By: 6 �� Rulon F. Stacey `1 Chief Executive Officer By: Steven C. Ellsworth Director of Finance EXHIBIT 1 CERTIFICATE The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable Later of Credit No_ 3330 dated August 13 2004 established in favor of the City of Fort Collins, Colorado (the "Letter of Credit"): (a) He (She) is authorized to execute this Certificate ofbehalfofthe Cityof 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 ofbehalf ofthe City of Fort Collins this day of THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation (Name & Title) EXHIBIT 2 Request for Amendment or Release of Letter of Credit #3330 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 IJ 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 Cityof Fort Collins this day of CITY OF FORT COLLINS, COLORADO a Colorado municipal corporation (Name and Title) Main office 205 West Oak Street G) First National Bank eaBox 57s Furs Collins. CO 80522-0578 9709 82,1861 August 13, 2004 City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, Colorado 80524 Dear Sirs: We hereby establish, at the request and for the account ofPoudre Valley Health Care, Inc., in your favor as beneficiary, our Irrevocable Letter of Credit No. 3331, in the amount of Two Hundred Fiftv Thousand Dollars and Zero Cents (S250,000.00) (as more fully described below), effective immediately and expiring at the close of banking business on August 13, 2005, at our office at 205 West Oak Street, Fort Collins, Colorado 80521. This Letter of Credit is intended for the funding required for the Poudre Valley Health Svstem Harmonv Campus Medical Center Second Filiruz 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. (Specifically; for "Traffic signal at Harmony/Snow Mesa Drive.") Funds under this Letter of Credit are available to you for one or more drawings prior to the close of business on August 13, 2005, against sight drafts in an aggregate cumulative amount not to exceed $250,000.00, 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 S250,000.00 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 Commercial Code, the Uniform Customs and Practice for Documentary Credits, 1993 revision, 1CC 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). Sincerel Vice Acknowledged: 1 By: kulon F. Stacey Chief Executive Officer By: ( i teven C. Ellsworth . Director of Finance EXHIBIT 1 CERTIFICATE The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable Letter of Credit No. 3331 dated August 13, 2004, 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 S ; 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 (Name & Title) EXHIBIT 2 Request for Amendment or Release of Letter of Credit 43331 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.] 5 The Letter of Credit is to be reduced to S The expiration date of the Letter of Credit is revised to he 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 APPLICATION (2/16/99) use only: Application Number: Application Date: permit application fee: S 300.00 CTIONS: 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- '"- .. If you have any questions contact the Development Engineer, , at 221-6605. Submit the Application and pay the Application Fee at the fee at the Engineering counter at 281 N. -CP',r7.iN;i College Avenue. CT INFORMATION: 4.1i? Name (as approved by the City): PVHS Master Infrastructure Plan — Phase 2 Project A.K.A. (Marketing name if different from Project Name): Project Location: Southeast corner of Timberline & Harmon Property Owner(At the time of this permit issuance): Individual Name: s=r y p l ,,, k Company Name : Hpal th ni ci-ri rl- n; Nnrthprn T ari mar C'nnnt.z Address: _ Phone numbea(s): Office: Cellplhone: Fax number: Email: Applicant/Project Manager (The primary contact person for all matters regarding this project, and the person responsible for all matters referencing "the Developer" in the Development Agreement for this project): Individual Name: Dean Barber Company Name: mrwhinnpv Entprpriaac Address: 2725 Rocky Mountain Avenue Suite 200 Tovelanri, CQ R0538 Phone numbers): Office: - 970-613-4577 Ce l (phone: 9 7 0- 215 -918 3 Fax number: 97n-h75-7007 Email: d anb2mcwhinney.corn 2. All contractors who perform work on this project must be bonded and licensed in conformance with City requirements. 3. Construction time restrictions: N/ 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 tojustify 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 band Usc Regulations and/or Sections 2.2.3(C)(3)(g), 3.3.1(C)(2), and 3.3.2(C) of the band Usc Code, as applicable. 10. The City Erosion Control Inspector must be notified at least twenty four (24) hours prior to 2of5 any planned constriction 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: All pedestrian ramps within the righl-QL-way shall be constructe to meet AIM mcnts_(shalI include fruncafed. 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 ofthe 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: C'-N �I o Approval for issuance: ? Z (p O City Engineer Approval:ate: s��_ (Permit Is uance 1 ate) 3 of 5 EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Poudre Valley Ilealth System Ilarmony Campus Medical Center, Second Filing (Phase 2) Project A.K.A.: PVHS Master Infrastructure Plan — Phase 2 Name, address and numbers City Staff Contact Persons: Development Engineer: Sheri Wamhoff Construction Inspector: 291 N. College Avenue, Fort Collins, Co 80524 (970) 221-6750 x7140 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6605 Cell (970) 222- Current Planner: Ted Shepard 281 N. College Avenue, Fort Collins, Co 80524 (970)221-6750 Water Utilities Engineer: Roger Buffington 700 Wood Street, Fort Collins, Co 80521 (970) 221-6700 Erosion Control Inspector: Bob Zackley 700 Wood Street, Fort Collins, Co 80521 (970)224-6063 Natural Resources: Doug Moore 281 N. College Avenue, Fort Collins, Co 80524 (970)224-6143 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: Kathleen Reavis 210 E. Olive, Fort Collins, Co 80524 (970) 224-6140 4 of 5 Forestry: Tim Buchanan Light and Power: 281 N. College, Fort Collins, Co 80524 (970)221-6361 700 Wood Street, Fort Collins, Co 80521 (970)221-6700 Developer's Contact Persons: Project Manager: Dean Barber, McWhinney Enterprises 2725 rocky mountain Ave, Suite 200, Loveland, Co 80538 (970)613-4577 Cell (970) 215-9183 Fax (970) 635-3003 deanb a mcwhinney.com Owner: Carol Plock, Health District of Northern Larimer County Developer: Linda Gesick, Poudre Valley Health Care, Inc. 2809 E. Harmony Road, Suite 200, Fort Collins, Co 80528 (970) 297-6710 Cell (970) Fax (970)297-6752 ldgnpvh.org Project Engineer: Jim Allen -Morley, Stantec 209 S. Meldrum, Fort Collins, Co 80521 (970) 482-5922 Fax (970) 482-6368 jim.allenmorley a,stantee.com Architect: Angela Milewski, BHA Design 4303 Inovation Drive, Ft. Collins, Co 80525 (970)223-7577 Cell (970) Fax (970) 223-1827 amilewski(a�bhadesign.com General Contractor: Bryan Ellison, The Neenan Company 2620 E. Propspect Road, Suite 100, Fort Collins, Co 80525 (970)493-8747 Cell (970) Fax (970) 493-5869 Bryanell ison n neenan.corn 5 of 5 RECEIPT DATEcC a RECEIVED FROM. ADDRESS_! L Gt �/ VLL.b la /LlL.f1 AFs >A 'tL. c 4 � t — LC . accouNT row PAID Cases 7 1 BY � � ✓ LV iJ i �; '�C.il',, 'vKLv MT PID CHECK CAI IN(, CJE MONEY ORDER Number City of Fort Collins, Colorado DEVELOPMENT CONSTRUCTION PERMIT Issuance Date: Name: Poudre Valley Health System Harmony Campus Medical Center, Second Filing �j °roject AXA.: PVHS Master Infrastructure Plan —Phase 2 Location: Southeast comer of Harmony Road and Timberline Road e: Linda Gesick, PVHS, (970) 297-6710 City and developer contacts: See attached Exhibit "A "for names and phone numbers of all contact persons for this project. Fees: Permit Application Fee ($300.00) $ paid Construction Inspection Fee (paid prior to issuance of this permit) $ 21274.85 Total S 22,274.85 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. $ 559.974.28_(Security for Phase 2 public infrastructure work) Form of security deposited with the City: $ 250,000.00 (Security for traffic signal design and installation at Snow Mesa Drive) Form of security deposited with the City: 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 Permitter 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 Coiorado.) 1 of 5 i''-i_-i I,_.I' I' = m m < ti D O m r 9 Z m 10 m m D m M 9 Z C N O C m C m mO m C n 9 N Z O m O O co m< O Z Z N O m 20 F o �nTmou>000c�=T53Tm F F F �nF0 mm w° 'm m o m° y ° �°o n n 3 F m o¢° �cw= m° m w m 0 J m 0 0 3 `L .� o 3 F 3 3] J N O .< S N ry S < 0w w m m N F x x w o 0 0= m � _ m m � J C N Q fn fnr r r rrrm to r D DD D➢DD rrr yy. . . T T T T T T (n nn n nn n o T T T 0 n{{ T T _ . _ _ _ _ = = _ . 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