HomeMy WebLinkAboutPRESTON CENTER THIRD - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-06-10Transportation Services __
EnF;ioe:•rin t�enartment Development Construction Permit, Page 1/4
DEVELOPMENT CONSTRUCTION PERMIT
Citt of t-ort t_o2lH
Permit Number. 00-28 Issuance Date:
Project Name: Preston Center 3rd Filing, Phase I
Project A.K.A.: N/A
Project Location: East of Gifford Court, North of Timberwood Drive and West of
Ziegler Road, South of Harmony Road
Permittee: Stanley E. Whitaker, Jr. — Western Properties Advisors
City and developer contacts: See attached Exhibit A & B for names and phone
numbers of all contact persons for this project.
Fees: Permit Application Fee (paid at the time of application)
$300.00
Erosion Control fee (paid prior to issuance of this permit)
$22,179.00
Construction Inspection Fee (paid prior to issuance of this permit)
$6,412.80
Total
$6,412.80
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 $153,930.00. 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. The Permittee shall provide
281,'fir th C nik}.,v i'_� _RO }=nr C��ll'n1c, ( l Ki+7, ". '3-� d • 1971 221 i bl�S
EXHIBIT 1
CERTIFICATE
'file undersigned herehv certifies as follows with respect to the certain h-ievocahle Letter
ol' Credit No. 3 100 dated November 21, 2000, established in favor of The City of Fort
Collins, Colorado (the "Letter of Credit"):
(a) He (She) is authorized to execute this Certificate on behalf of The Citv of
Fort Collins;
(b) The developer, Western VII Investment, LLC is in default;
(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 Western VII Investment LLC Applicant'Developer;
(1) The amount of the accompanying draft to, -,ether with all previous draws
under the Letter of Credit do not exceed in the aL,regate 5153,930.00; and
(e) The Letter of Credit has not expired.
IN WITNESS WHEREOF, the undersigned has executed this Certificate on
behalf of The City of Fort Collins this day of
THE CITY OF FORT COLLINS. COLORADO
A Municipal Corporation
Title:
STATE OF COLOR-kDO
County of Larimer
Subscribed and sworn to before me this day of 2000, by
as authorized officer of The Citv of Fort
Collins. Colorado.
W'.tness my hand and official seal.
-'otary Public
My commission expires
Transportation Services
En!;ineering Denarutteni Development Construction Permi
DEXEI-03"MENT CONSTRUCTION PERMIT
City of i ort Collins
Permit Number: 00-28 Issuance Date:
Project Name: Preston Center 3`d Filing, Phase I
Project A.K.A.: N/A
Project Location: East of Gifford Court, North of Timberwood Drive and West of
Ziegler Road, South of Harmony Road
Permittee: Stanley E. Whitaker, Jr, — Western Properties Advisors
City and developer contacts: See attached Exhibit A & B for names and phone
numbers of all contact persons for this project.
Fees: Permit Application Fee (paid at the time of application)
$300.00
Erosion Control fee (paid prior to issuance of this permit)
$22,179.00
Construction Inspection Fee (paid prior to issuance of this permit)
$6,412.80
Total
$6,412.80
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 $153,930.00. Form of security deposited with the City:
i
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
._Cna'
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 01-12 Issuance Date:
Project Name: Preston Center 3"d Filing
Project A.KA : Harmony and Ziegler Road improvements
Project Location: Timberline Road South of Harmony Road to southern limits of Timberwood
Drive and Harmony Road East of Corbett to East edge of Ziegler Road intersection
Permittee: Western Property Advisors, c% Stan Whitaker
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) $paid
Construction Inspection Fee (paid prior to issuance of this permit) $ 6,282.10
Erosion Control Fee $paid
Total $ 6,282.10
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.
$302,745.00
Form of security deposited with the City: / C *- 311 y I IJ��eNe��wU�
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:
Development Construction Permit, Page 2/5
Normal work hours as allowed by City code
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.
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.
Development Construction Permit, Page 3/5
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: No work within the State R.O.W. along Harmony Road shall proceed
prior to the issuance of the State Highway Access Permit and/or Notice to Proceed.
Ziegler Road improvements, including sidewalk can begin construction prior to issuance
of the State notice, provided such work does not encroach into State R.O.W.
13.
14. 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 I-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, 1 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:
t Date:b'2? (01
Approval for issuance:
City Engineer Approval:
Q Date: qZ3 nI
(Permit Issuance Date)
EXHIBIT A
Project Name: Preston Center 3`d
Project AKA: Harmony Road improvements, Corbett to Ziegler Road
City Staff contacts:
Development Engineer: Dave Stringer
281 N. College Ave. Fort Collins, Co. 80524
970 221- 6765
Construction Inspector: Lance Newlin
281 N. College
970 221-6605
970 222- 0854
Water utilities Engineer: Roger Buffington
700 Wood Street
970 221- 6854
Erosion Control Inspector: Bob Zakley
700 Wood Street
970 221- 6063
Traffic Operations:
Street Closures:
Transportation Planner:
Forestry:
Light & Power:
Ward Stanford
625 Ninth Street
970 221 - 6615
Sly Mireles
625 Ninth Street
970 221- 6815
Kathleen Reavis
210 E. Olive
970 221- 6140
Tim Buchanan
281 N. College
970 221- 6361
700 Wood Street
970 224 — 6700
US West: Eric Handcock- 970 377- 6401
DEVELOPMENT CONSTRUCTION PERMIT
Number: 01-12 Issuance Date:
t Name: Preston Center 3d Filing Y I Z,
�e0"
AXA : Harmony and Ziegler Road improvements
t Location: Timberline Road South of Harmony Road to southern limits of Timberwood
nd Harmony Road East of Corbett to East edge of Ziegler Road intersection
Permittee: Western Property Advisors, c% Stan Whitaker
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) $paid
Construction Inspection Fee (paid prior to issuance of this permit) $ 6,282.10
Erosion Control Fee $paid
Total $ 6,282.10
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.
$302,745.00
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. 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.
Development Construction Permit, Page 2/4
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 work hours as allowed by City Codes
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.
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.
Development Construction Permit, Page 3/4
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 (BMPs) 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:
A. It is important that the existing historic structures as designated by the Landmark
Preservation Committee known as the Preston Farm homestead is protected from
damage during the construction of the remainder of the site. This includes all
work adjacent to, around and through all of lot number 4.
B. No work shall begin on Harmony Road and Ziegler Road intersection until such
time as the Colorado Department of Transportation Access Permit and Notice to
proceed has been issued by CDOT.
C. All conditions as stated in the Development Agreement for this project dated
October 10, 2000 shall remain in full force and effect throughout the construction
of this project.
Development Construction Permit, Page 4/4
Permittees 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/
Signature:
i
Approval for issuance:
City Engineer r va
Signature: C� J — Date:
(Issuance date)
EXHIBIT A
Project Name: Preston Center 3'd Filing
Project AKA:
City Staff contacts:
Development Engineer: Dave Stringer
281 N. College Ave. Fort Collins, Co. 80524
970 221- 6765
Construction Inspector: Lance Newlin
281 N. College
970 221-6605
970 222- 0854
Water utilities Engineer: Roger Buffington
700 Wood Street
970 221- 6854
Erosion Control Inspector: Bob Zakley
700 Wood Street
970 221- 6063
Traffic Operations
Street Closures
Transportation Planner:
Forestry:
Light & Power:
Ward Stanford
625 Ninth Street
970 221 - 6615
Sly Mireles
625 Ninth Street
970 221- 6815
Kathleen Reavis
210 E. Olive
970 221- 6140
Tim Buchanan
281 N. College
970 221- 6361
700 Wood Street
970 224 — 6700
US West: Eric Handcock- 970 377- 6401
EXHIBIT B 1,
Project Engineer (A Colorado licensed professional engineer who is the civil engineer the person
responsible for the design of this project, responsible for certification that improvements are
constructed in accordance with approved plans, responsible for making revisions to plans with City
approval and for providing as -constructed plans):
Name: JR Engineerings, Ltd, Attn: Jim Wright/Kyle Arend
Address: 2620 E. Prospect Road. Suite 190, Ft. Collins. CO 80525
Phone number(s):
Office: 970-491-9888
Cellphone:
Faxnumber. 970-491-9 84
Email: arendk@jrengineering.com
Professional License Number. 34823 (Kv1e Arend)
Developer (The party or parties referenced in the Development Agreement who are responsible for the
Developer's obligations contained in the Agreement -add additional names below):
Name: Western VII Investment. LLC
Address: C/0 Western Property Advisors, Inc. 3555 StanfordRd., Suite
Phone number(s): Ft. Collins, CO 80525
Office: 970-��3-3433
Cellphone:
Faxnumber. 970-223-4671
Email:
General Contractor (The contractor in overall charge of the public infrastructure construction):
Name: Schmidt Earth Builders. Inc.
Address: R545 S.-Counry Road 5. Ft. Collins. CO 80528
Phone number(s):
Office: 9 7 0 -
Cellphone:
Fax number. o 7
Email:
-1315
If you have no General Contractor, list all other contractors below.
Grading contractor:
Name:
Address:
Phone number(s):
Office: _
Cellphone: _
Fax number:
Email:
Utility contractor:
Utility Contractor:
2/3
Name: Schmidt Earth Builder;, Inc.
Address: 9515 S. County Road 5 Ft. Collins, CO 80528
Phone number(s):
Office: 970-377-1315
Cellphone:
Faxnumber: 970-377-1320
Email:
Concrete contractor for flat work
Name:
Address:
Phone number(s):
Office: _
Cellphone: _
Fax number:
Email:
Concrete contractor for structures:
Name: Schmidt Earth Builders, Inc,
Address: 991 S. County Road 5. Ft. Collins. CO 80528
Phone number(s):
Office: 970-377-1315
Cellphone:
Faxnumber: 970-377-1320
Email:
Paving contractor:
Name:
Address:
Phone number(s):
Office: _
Cellphone: _
Fax number:
Email:
Landscape contractor:
Name:
Address:
Phone number(s):
Office: _
Cellphone: _
Fax number:
Email:
Other contractors and parties involved in the project:
3/3
Preston Center Third Filing
OWNERS
Lots 2. 6 & 7
Western VII Investment, LLC
C/O Western Property Advisors, Inc.
3555 Stanford road, Suite 201
Ft. Collins, CO 80525
970-223-3933
970-223-4671
Lot 1
Pietraszek Enterprises, Inc.
5056 North Nevada Avenue
Colorado Springs, CO 80918
Lot 3
David A. Lawser, IRA, First National Bank as Custodian for David A. Lawser IRA David
3/1 /2000
First National Bank, Attn: Amy Lovell; Trust Officer
215 W. Oak Street, 4ch Floor
Ft. Collins, CO 80521
Lot 4
Davia A. Lawser and Patricia A. Lawser, As Trustees of The David A. Lawser and
Patricia A. Lawser Revocable Trust dated March 6, 1995
C/O David Lawser
104 East Monroe Drive
Ft. Collins, CO 80525
Lot 5
Max R. Greenlee, Jr. and Elizabeth C. Greenlee Tenants in common
C/O Stephan Greenlee
3555 Stanford Road, Suite 204
Ft. Collins, CO 80525
V1,fm OlCe"
`®First
National
Bank
IRREVOCABLE LETTER OF CREDIT NO.3106
November 24, 2000
City of Fort Collins, A Municipal Corporation
300 LaPorte Avenue
Fort Collins, CO 80521 copy
Dear Sirs_
0 _ i Wr,rf).il: Jvc: Pon Cvlllna CO
V-0.,a1.,M1
We hereby establish at the request and for the account of Western VI I Investment, LLC, a
Delaware Limited Liability Company, Applicant/Developer, in your favor as beneficiary, our
Irrevocable Letter of Credit No. 3100. in the amount of One Hundred Fifty Three Thousand,
Nine Hundred Thirty and 00/100 Dollars (S153,930.00) (as more fully described below),
effective immediatel.�' and expiring at the close of banking business on May 24, 2001. at our
office at First National Bank, 205 West Oalc Street, Fort Collins, CO 80521.
This Letter ofCredit is intended for the funding required for the Preston Center, 3�d 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 the associated Development Agreement dated October 10,
2000 and Development Construction Permit number 00-28.
Funds under this Letter of Credit are available to you in one or more drawings prior to the close
of business on May 24, 2001, against sight drafts in an aggregate cumulative amount not to
exceed S 153,910.00, 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 I hereto.
PresenUmcnt of such draft and certificate shall be made at our office referred to above.
Upon the earlier of (1) our honoring your draft(s) totaling S153,930.00 in the aggregate presented
on or before this Letter of Credit expires pursuant to the terms herein or (H) the surrender to us
by you of this Letter of Credit for cancellation, this Letter of Credit shall automatically
terll ❑rate