HomeMy WebLinkAboutRAINTREE COMMERCIAL PUD PHASE II REPLAT TRACT G - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-06-09City of Fort Collins, Colorado
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 99-38 Issuance Date: 10129199
Project Name: The Preserve Apartments, Phase 2
Project Location: The project is located on the cast of Raintree Drive between of Drake Road
and Shields Street
Pertnittee: David Flouts, Drahota Construction, Co.
Cite' and developer contacts: See attached Exhibit A for names and phone numbers of all
contact persons for this project.
Eees: Permit Application Fee 5300.00
Construction Inspection Fee (paid prior to issuance of this permit) $3,073.20
Excavation Permit Fee $1,225.00
Erosion Control Deposit (Receipt Paid) ($5594.85)
Total S4598.20
Development Bond or other approved security:
Annount of security deposited with the City to guarantee the completion ofall public
improvements to he constructed as shown on the approved plans for the development.
$88,042.00
Form of security deposited with the City: Bond
PERFORMANCE REQUIREMENTS OF THIS PERMIT:
1. The Pei mittce shall he responsible to require their Project Engineer to incorporate into all
design drawings and specifications the certification of all materials testing by an lingincer. The
Permittec shall have an I?ngincer prepare revised design drawings and secure City approval for
all revisions to the I ltilily Plans and related documents. The Permittee shall have an Engineer
represent, as required by the City in the Development Agreement. that the improvements arc
constructed in con fin manse with the approved Utility Plans and the standards and specifications
of the Citv_ The Permittce shall provide "as -constructed" plans prepared by an Rngineer prior to
the Otv's acceptance of the constructed public improvements. (All references above to the terms
"Project Fin,incei" and Trigincer" shall mean a Professional Engineer licensed in Colorado.)
2. All contractors who perform work on this project must be bonded and licensed in
conlbrmance with ( it5 requirements.
>. Construction time restrictions: Normal Business flours
RAINTREE INVESTMENTS, LLC
760 WHALERS WAY, BUILDING C, SUITE 200
FORT COLLINS, COLORADO 80525
October 11, 1999
Mr. William D. Wh.itechurst, Vice President
The Preserve at the Fort I11, Ltd.
601 Corporate Circle
Golden, CO 80401
Rl:: Permission to construct improvements on "track D of Raintree Commercial PUD Phase One
and I rack F of Raintree Commercial PUD — Phase 11.
Dear Mr. Whitechurst:
On behalf of Raintree Investments. LLC, I have reviewed the Final Utility Plans for the Replat of
frack G, (dated July 1999, and as prepared by Landmark Lid.) in particularly, as they pertain to
construction within 'hack D of Raintree Commercial PUD - Phase One and within Track F of
Raintree Commercial PUD - Phase IF I have found the proposed improvements that are located
on our property. including the construction of concrete curbs and asphalt paving associated with
the driveway accesses. to he acceptable to us and I hereby grant permission to construct the
mprovements as shown on the July 1999 plans subject to the following restraints.
I. All construction shall be limited to the area immediately adjacent to the proposed
improvements. Construction equipment and personnel shall be limited to only the area
that is necessary to remove the existing features and to install the proposed
improvements.
2. All disturbed areas will be repaired (i.e. sod, landscaping, paving) to a condition
equivalent as possible to the condition that existed prior to construction.
3. All damages to existing utility lines and lawn irrigation lines shall be promptly
repaired.
4. The Preserve at the Fort III, Ltd. shall defend, indemnify, and save harmless
Raintree Investments. LLC and their legal representatives, successors, and assigns,
from and against all liabilities, obligation, claims, damages, penalties, costs and
expenses (including, without limitation, attorney's tees and expenses) which may he
imposed upon or incurred by or against Raintree Investments, LLC as a result of or in
connection with, the construction of the Improvements.
5. All costs incurred for the construction of the improvements, shall be borne by the
Preserve at the Fort III. Ltd.
RAINTREE INVESTMENTS, LLC. a Colorado limited liability company
IZaintree Village Management Corp., Manager
By: —
Mit M. Morgan, President
Accepted:
TI4F, PRI?SFRVE AT THE FORT III, LTD. a Colorado limited partnership
l< -j
By:
J
'I itic
DEVELOPMENT BOND
Bond No.: S26 01 38
KNOW ALL MfiN BY THESE PRESENTS: that we The preserve at The Fort
III, Ltd. as Principal, hereinafter
referred to as the "Developer" and Employers Mutual Casualty Company
a corporation organized under the laws
of the State of _ rnwa 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 FLahtv Fight Thousand Forty Two & 00/100
Dollars($ 89,042.00 ),tobe
paid to the City, for which payment well and trulyto 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: The Presezve Apartments Phase II
_; and
WHEREAS, the City has approved said development project and the Developer desires to
commence construction of the infrastructure that, upon its completion and acceptance by the City,
shall become the property of the City; and
WHEREAS, the City Code requires that the Developer post a bond equal to the total cost to
construct the Developer's portion of said public infrastructure, which for the above -described
development project shall be. Eiahty Siaht Thousand Forty Two & 00/100 _
Dollars ($ 88 , 042.00 ), with such Surety
to be in a form approved by the City and 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 its obligations in constructing, maintaining and repairing the public
infrastructure constnrcted in connection with the aforesaid development project in accordance with
the City Code (including the land Use Code and Transitional Land Use Regulations, as applicable),
and specifically in accordance of the provisions of Ordinance No 178, 1998, of the Council of the
City of Fort Collins (the provisions of which Ordinance have been incorporated into the City Code
and into the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks,
Alleys and Other Public Ways" of the City) as the text of the provisions of said Ordinance may be
amended from time to time, then this obligation shall be void; otherwise to remain in full force and
W70
DATED this, a� _ day of
DEVELOPER: The. Pr c v n Tho Fort ITT. Ttd.
Printed Name
Title: Presidel?r� U
The Northern Preserve II, Inc, or
General Partner
.SURETY: Employers Mutual Casualty Company
Printed Name
Sheryl E. Meuref� Attorney -in -Fact
Attomey-in-Fact (attach Power of Attorney
EMC Insurance Companies NO 3 9 5 2 4 0
P.O. Box 712 • Des 19oines, lo�Na 50303
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EM CASCO Insurance Company, an Iowa Corporation
3. union Insurance Company of Providence, an Iowa Corporation
4. Illinois EMCASCO Insurance Company, an Illinois Corporation
S. Dakota Fire Insurance Company, a North Dakota Corporation
6. EMC Property & Casualty Company, an Iowa Corporation
.. The Hamilton Mutual Insurance Company, an Ohio Corporation
hereinafter referrers to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
DON R. BROYLES, FRANK C. PENN, KEVIN W. MCMAHON, LISA M. LOEFFLER, JEFFREY L. BROYLES, DILYNN GUERN, PAMELAJ.
HANSEN, KATHRYN K. COULSON, NADINE BRANNON, SHERYL E. MEURER. DENVER. COLORADO. MICHAEL D. PIERCE, RAE L.
CAMPBELL, KATHRYNY BROYLES, FORT COLLINS. COLORADO, LAWRENCE E. LUIGEN, AMY AUGUSTYN, GREELEY, COLORADO.....
Its trr e and 4,rvtul s r oy fact off- cl, pcv ar an, author i c,,fe,red to ago, seal, and execet I� lawful bonds, undecakings. and other ONgahry inssnrments of a
similar nature as foli:_V:s.
IN AN AMOUNT NOT EXCEEDING T'EN MILLION DOLLARS._ ....... ................. _.__.......................... ............................... .... ($10,000,000.00)
and to hind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of
the ace = said atlomev pursuant 'o eanilcrity hereby given are hereby roOEted and confirmed.
The authority hereby granted shall expire _ April 1, 2000 _ _ _ unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a
regularly scheduled meeting of each company duty called and held in 1999:
RESOLVED: The President and Chief Exeeuhve Officer. any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
aad r ,t „ 'p to l7_ appoint attnrnevs gin --fact and a. ,o.:_e th_m rc exec,.o on behalf of each Company and attach the seal of the Company thereto, bonds and
unrne phi v , -coon < t ,rs, con ve s Of ndri'rr ity aro a'.her ti t h s cl:dc ilrR n the nature thereof. and (2; o remove any such attorney In -fact at any time and revoke
tyre p,..,e or it a., h,x ,r von ro h _ or her Att re}.. fact snot ave pave and autho s^b ect toe terms and limitations of the power-of-ettor�ey issued to 'hPm. ., _x u,e ar,s delider on b_ half of rt G.,mpa ,::,d to attach the s=al o . e CoTpany ,hereto. bonds and undedasmgs, recog Za:9ces. car_ acts „f , !-_Tn �y and
:.'her d c . Jigs crr .n the nature t .ere.:, and art sur_h irs.ra . �ni exec ..'ad by any such ri -m-fad shall be 'Lily and in all respects hlncim, upon the Comoanv.
CerLf cu:dn as Pete , 31 d `, cf ant p t e�.--or-.t o n_ r ...:� �e,; t rei rr .b_ by a- o`5eer Employers ",futual Casualty Company shad be fu', arc �n a@ respects
bindiro ,,,,gn the C,., i„a y. The fags ri g of mecharoalty rerrocLCe,1 ..i _:,,re df such..Ricer. whet made he,etrfore or hereaRer. e:nerever appearing upon a
dedifi ... copy of any f �.,. uf-atlan_y:Ylkoccrupary• ,roll Le alid a„ d It ng _-on re, C_mpoqy v✓ h the some force d affect as though manually affixed
INWITNESS WHEREOF the Co ran.es have caused these desets to he -'d. ed for each by their officers as shown, and ,he Corporate seals to be hereto affixed 'his
28th -_- dayof- _Apnl -- _ _. 1999_ 1/1
Seals
Bruce G. Kelley, Chairman V Donald L. CoughennThver
r 'W, r c ° f of Companies 2, 3, 4, 5 & 6: President Assistant Secretary
P - - - of Company 1; Vice Chairman and
SEAL 1863 - 19F3 - CEO of Company 7
�.o
�•^,imp`''•,:
s�.snro•. ,•r un ,A.
SEAL SEALSEAL _
o"vn
i
ti`xMUTUq ti�
9
z �°i"w� � �" �•. ROTA KRUMINS
y n NIY COMMISSION EXPIRES
� �P�xo � September 3n, 2000
And
On thi�811h day of ___ __ April _ AD 1999 before me a
Notary Public in and for the State of Iowa, personally appeared Bruce G- Kelley and Donald
L. Coughennower who, being by me duly svrom, did say that they are, and are known to me
the Chairman President Vice Chairman and CEO, and/or Assistant Secretary,
respectively, of each of The Companies above: that the seals affixed to this inshumeot are
he seals of said corporations, that said Instrument was signed and sealed on behalf of each
of the Companies by authority of their respective Boards of Directors, and t'nat the said
Buce G- Kelley and Donald L. Coughennoweras such officers, acknowledge the execution.
of sad instrument to be the voluntary act and deed of each of the Companies.
%1y Commission Expires Sep er 30, 2000
CERTIFICATE
Notary Public In and for the State of Iowa
1, David L. Hixenbaugh, Vice President of the Companies, do hereby codify that the foregoing resolution of the Boards of Directors by each of the
Companies, and this Power of Attorney issued pursuant thereto on _April28. 1999
on b .f;a f of Don R. Broyles, Frank C. Penn, Kevin W. McMahon, Lisa M. Loeffler, Jeffrey L. Broyles, Dilynn Guem, Pamela J ansen,
are true and correct and are still .n full force and effect. Amy A.uaustyn, Kathryn K. Coulson, Nadine Brannon, Sheryl E. Meurer, Michael D. Pierce,
In Testimomr Whoreor I have s hsc,be; my name
Vice -President
City of Fort Collins, Colorado
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: fssuance Date:
Project Name: The Preserve Apartments, Phase 2
Project Location: The project is located on the east of Raintree Drive between of Drake Road
and Shicld, Strut
Permittee: David Flouts, Drahota Construction, Co.
City and developer contacts: See attached Exhihit `A "for names and phone numhers of all
contact persons for this project.
Fee.+: Permit Application Fee 5300.OQ, tila
Construction Inspection Fee (paid prior to issuance of this permit) 53,073A
FNCaVatiOn Permit Fee - - S1,225.00 �-
Erosiou Control Deposit (Receipt Paid) (��:; - � ;•,; i . F�.�
Total S4598.00
Development Bond or other approved security:
AmOnnt 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.
$88,042.00
Form of security deposited with the City:
PERFORMANCE REQUIREMENTS OF THIS PERMIT :
1 _ file Permiace shall he responsible to require their Project Lnginecr to incorporate into all
design drawings and specifications the certification of all materials testing by an Engineer. The
Permittec shall have an 111gineer prepare revised design drawings and secure Cite approval for
all revisions to the l itility Plans and related documents_ The Permittee shall have an Engineer
represent, as required by the City in the Development Agreement. that the improvements arc
constructed in conformance with the approved Utility Plans and the standards and specifications
of the Cite. The Pcrmittee shall provide "as -constructed" plans prepared by an Engineer prior to
the Cily's acceptance of the constructed public improvements. (All references ahove to the terms
"Project I ngineer" and "Ln(,ineei" shall mean a Professional Engineer licensed in Colorado.)
I All contractors 'who perform work on this project must be bonded and licensed in
conformance with City requirements.
I Construction tine restrictions: Normal Business Hours
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 (it) accordance vvith Section 29-12 of the Transitional Land Use
Regulations or Section 2.6.If K) of the band 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 roust re -apply For a new permit.
b. In addition_ this permit shall expire one Year from the dale 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 occupancies 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 consnuction of all
improvements shall he required prior to the time of issuance of the first building permit .
X. 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
°es -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
IIYansitional Land I lse Regulations and/or Sections 2.2.3(C)(3)(g), 3.3.1(0(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 hest management practices (BMP's) that can he installed prior to
anauuction must he in place and inspected by the City Lrosion Control Inspector before any
land disturbing activity begins.
2
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.
Permittee's acknowledgment signature:
Ry signing this permit I acknoMedges that 1 am acting with the knowledge, consent, and authority of
the o%gncrs 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 requestedaw action could not lfully 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 perlorm work required ofthe 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
Approval for issuance:
City t_nginecrApproval:
(Permit Iss4anec Date)
3
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: The Preserve Apartments, Phase 2
City Staff Contact Persons:
Development Engineer: Mark McCallum, City of Fort Collins, 281 N. College
Avenue, Fort Collins, CO 80522
970/221.6605 ext. 7656
Construction Inspector: Lance Newlin, City of Fort Collins, 281 N. College Avenue,
Fort Collins, CO 80522
970/221.6605
Current Planner: Steve Olt, City of Fort Collins, 281 N- College Avenue, Fort
Collins, CO 80522
970/221.6750 ext. 6341
Water Utilities Engineer: Roger Buffington, 700 Wood Street, Fort Collins, CO
80521
970/221.6854
Stormwater Engineer: Jay Barber, 700 Wood Street, City of Fort Collins, CO
80521
970/221.6063
Erosion Control Inspector: Bob Zakely, 700 Wood Street, City of Fort Collins, CO
80521
970/221.6063
Natural Resources: Kim Kreimeyer, City of Fort Collins, 281 N. College Avenue, Fort
Collins, CO 80522
970/221.6750 ext. 6641
Traffic Operations: Ward Stanford, 700 Wood Street, City of Fort Collins, CO
80521
970/221.6820
Street closures: N/A
Transportation Planning: Kathleen Reavis, 210 East Olive Street, City of Fort Collins,
CO 80524
970/224.6140
Forestry: Tim Buchanan, City of Fort Collins, 281 N. College Avenue,
Fort Collins, CO 80522
970/221,6361
Light and Power: Doug Martine, 700 Wood Street, City of Fort Collins, CO
80521
970/224.6152
Developer's Contact Persons:
Project Manager: Dave Houts, Drahota Construction, P.O. Box 272269, Fort
Collins, CO 80527
Office: 970/204.0100
Mobile: 9701227,2250
fax 970/204.0200
email: davidh(adrahotaconstruction.com
Developer/ Owner(s) David Bailey, The Preserve at the Fort III, Ltd., 601
Corporate Circle, Golden, CO 80401
Office: 303/384.0200
fax: 303/384.0223
Project Engineer: Rod Harr, Landmark Engineering, 3521 W. Eisenhower
Blvd., Loveland, CO 80537
Office: 970/667.6286
fax: 970/667.6298
Prof. Lic. Colo. 26857
General Contractor: Dave Houts, Drahota Construction, P.O. Box 272269, Fort
Collins, CO 80527
Office: 970/204.0100
Mobile: 970/227.2250
fax: 970/204.0200
email: davidh ii,drahotaconstruction.com
Outside Contact Persons:
U.S. West Joyce Takemoto, 124 W. Magnolia.. Fort Collins, CO
80521
970/224.7473
TCI of Fort Collins Dennis Greenwalt, 1201 University Avenue, Fort Collins,
CO 80521
970/226.3104
Public Service Company Jim Slagle, 1901 East Horsetooth Road, Fort Collins, CO
80525
970/225.7843
Poudre Fire Authority Ron Gonzales, 102 Remington Street, Fort Collins, CO
80524
2
970/221.6570
City of Fort Collins, Colorado
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 1_l� Issuance Date:
Project Name: The Preserve Apartments, Phase 2
Project Location: The project is located on the east of Raintree Drive between of Drake I
and Shields Street
Permittee: David Hours. Drahota Construction, Co.
City and developer contacts: See attached Exhibit `A "for names and phone numbers o�
contact persons far this project.
Fees: Permit Application Fee
Construction Inspection Fee (paid prior to issuance of this permit)
Excavation Permit Fee k —
Erosion Control Deposit (Receipt Paid)
Total
CITY
FORT
C-0I_11_Iikds
E^1,:;NEERING
LIFF'ARTHE, 7
M1 ;NORTH C01 LEE-
(301-1 21-55C`
C' " 102
z"0'.
PM-- 903
1 ijr0. 30
ToTri
4^98.._p
C TEND
O.:C'
$300.00 cF!ANt
3 73.
$1,225.00 ':I_ERt..44, '164 17
$4598.00
Development Bond or other approved security:
Amount of security deposited with the City to guarantee the completion of all public
improvements to be constricted as shown on the approved plans for the development.
$88,042.00
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. I he 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: Normal Business Hours
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