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HomeMy WebLinkAboutBLOCK 103 218 WEST MAGNOLIA STREET F J SPENCERS RESUB LOT 20 - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-08-10City of Fort Collins, Colorado DEVELOPMENT CONSTRUCTION PERMIT Permit Number: _ 99-45 Issuance Date: _l ZIOLZOoo Project Name: 218 West Magnolia Street Project A.K.A.: The Edwards Residence Project Location: _ ' 218 West Magnolia Street Permittee: Douglas A Dolor Dohn Construction Inc. 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) $ 150.00 (paid) Construction Inspection Fee (paid prior to issuance of this permit) $ 359.00 Total $ 509.00 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. $ 7286.50 Form of security deposited with the City: Letter of Credit 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: Subdivision / Project: Development Agreement Dated: DCP Dated: Initial LOC Dated: Initial LOC Amount: Initial LOC #: Initial LOC Expiration Date: Requested By: Reductions: $ 0.00 $ 0.00 $ 0.00 Replacement: Amount: LOC #: Date: Current Value: Notes: 02/28/00 LOC Covers Letter of Credit Two One Eight (218) West Magnolia Street n/a January 10, 2000 January 12, 2000 $ 7, 286.50 101 January 3, 2002 David L Edwards and Paula R. Edwards x x x $7,286.50 anuary 03, 2000 City, of Fort Collins 300 LaPorte Avenue Fort Collins, Colorado 80521 Dear Sirs: Norwes� Can4 Colorado. N-A. Fyt CoMnsSourh 3500 Jain F Kennedy 'arkiL: Pox! Otice 8cx 'Ob, Fore CclRns, Coicr,OL, 80522-2067 9710,223-3600 We harcby establish, at the request and for the account of David L. Edwards and Paula R. Fdwards, in your ravor as beneficKwv. our hmcvocablc Lctter of Credit No. 101, in the amount of Sevcn Thousand Two Hundred Eighty Six and 50- I00 Dollars (ST286.50) (as more fully described below), crfective immediately and expiring at the close of banking business on January 3, 2002, at our office at 3500 John F. Kcnncciv Parkway, Fort Collins, Colorado 80525. This Letter oNredit is intended for the funding required for the Edwards Residence, 218 W. Magnolia St. 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 dcvelopinent project and its associated development agreemcin and devOopment construction pennit Funds tinder this Lctter of Credit are available to you tier one or more drawings prior to the close of business on January 3, 2W. against ON drafts in an aggregate cumulative amount not to exceed Q286.50, dated the date of orescntment, drawn on our off ice referred to above, referring thereon to the number of this Letter o[ Credit and accon-.panied by your written certificate signed by you and acknowlcdgcd as therein provided in the form of Exhibit I hereto. Presentation of such draft and certificate shall be inade at our office referred to above. Upon the earlier of (i) our honoring your dralus) totaling 57,2MP in the aggregate presented on or before this Letter of Credit expires pursuant to the terms herein or (it) the surrender to us 1)v you of this Letter o YnOt for cancellation, this Inter of Credit shall automatically Icrminate. It is understood that the amount of this Lctter of Credit may be reduced as public mprovemems arc constructed and acccpwd by the City. As components of the inrrastrucune are satisIctorily completed in accordance with approved utility plans, the value of the completed components may he established from the Development Construction Permit workshcet far determining costs of infrastrucuirc construction and inspection fees, whereupon the amount of Lhis letter of credit may he reduced by the value of the completed component(s), upon execution of a "Request for Amendment to Letter ol'Crcdn" in the form attached hereto as Exhibit 3. This letter of credit shall be subject to the Uniform Commercial Code as in effect in the Slate ol'Colorado, and. to the extent not inconsistent with the terms ofthis Letter of Credit and the U iilbnn Commercial Code. the Unitbrm Customs and Practice for Documentary ('rcdits. 1993 revisions. 7CC p-nblication number 500. This Letter of Credit will he automatically extended without amendments for one year tiom the prescnt. and each fuuirc, expiration date thereof; unless Issuer delivers written notice at (cast (60) dav: prior to any such expiration date to the City of Fort Collins of its intent not to renew this Letter of Credit. AIIV such notice shall be in writing and shall be delivered �� nh an ackno�N Icdged receipt, either in hand or by certified mail. The City may at any time request that the Bank amend this Letter of Credit by submitting to the Bank a fully executed certi 6cate in the form of Exhibit ?. The Bank shalt thereafter promptly issue an amendment to the Letter of Credit corresponding to the change or changes requested in such c rtificate. This Letter of -Credit is not transferrable. This Letter of Crcdit sets forth in full our undertakin.-.. and such undertaking shall not in any way be modified. amended, amplified or limited by reference to any document, instrument or agreement refered to herein. except only the certificate and dralt(s) relbrrcd to herein, and any such reference shall not be deemed to incorporate herein by reference anv document, instrument or a_recment except For such ecrtiftcate and draft(s). Sincerbly, / Not -west Bank Colorado, N.A. 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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 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. 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: Fees are based on the assumption that water and sewer services can be procured without having to cut into Magnolia Street. It is understood between the City and the Applicant that if water and/or sewer services need to be tapped to the main, the construction inspection fee will increase and an Excavation on Public Property Application will be required of 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: / �/ Date: i Approval for issuance: � 1" City Engineer Approval: U��—� Date: 1 ib (Permit Issuance Date) II►/I RNSWE NORWESr BANKS /IIII so Tom . .January 03, 2000 City of Fort Collins 300 LaPorte Avenue Fort Collins, Colorado 80521 Dear Sirs: Norwest Bank Colorado, N.A. Fort Collins -South 3500 John F Kennedy Parkway Post Office Box 2067 Fort Collins, Colorado 80522-2067 9701223-3600 We hereby establish, at the request and for the account of David L. Edwards and Paula R. Edwards, in your favor as beneficiary, our Irrevocable Letter of Credit No. 101, in the amount of Seven Thousand Two Hundred Eighty Six and 50/100 Dollars ($7,286.50) (as more fully described below), effective immediately and expiring at the close of banking business on January 3, 2002, at our office at 3500 John F. Kennedy Parkway, Fort Collins, Colorado 80525. This Letter of Credit is intended for the funding required for the Edwards Residence, 218 W. Magnolia St. 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 January 3, 2002, against sight drafts in an aggregate cumulative amount not to exceed $7,286.50, 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. 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 $7,286.50 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 revisions, 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. 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 shall 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 transferrable. 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). Since ly, Norwest Bank Colorado, N.A. Fort Collins -South location David B. Hill President Letter of Credit Subdivision / Project: Two One Eight (218) West Magnolia Street Development Agreement Dated: n/a DCP Dated: January 10, 2000 Initial LOC Dated: January 12, 2000 Initial LOC Amount: $7,286.50 Initial LOC #: 101 Initial LOC Expiration Date: January 3, 2002 Requested By: David L. Edwards and Paula R. Edwards Reductions: x $0.00 x $0.00 x $0.00 Replacement November G, 2000 $7,286.50 #x Current Value: 50.00 Notes: 11121100 LOC Covers ';tip of Fort Collins Trans[,,rtation Services nnec3ins Ura;tmeni IAHIBIT 2 Request for Amendment to Letter of Credit 4101 Project Name: 'Two One Eight (218) West Magnolia Street I`hc Cit} of Fort Collins certifies that the person signing below is authorized to execute this Request for Amendment or release of the Utter of Credit on behalf of the City of Fort Collins. and further ccrtif ies with respect to the provisions contained in the Development Construction Permit dated January 10. 2000 and/or the Development Agreement dated n!a_ between the City of Port Collins (Beneficiary) and David L. Edwards and Paula R. EdN�ards (Developer), the 101lowing: ■ Release Letter of Credit. Release Original Letter of Credit upon receipt of separate replacement Maintenance Letter of Credit in the amount of u "The Letter of Credit is to be reduced to u 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. In witness whereof, the undersigned has executed this certificate on behalf of the City of Fort Collins on January 22, 2001 . CITY OF FORT COLLINS, COLORADO a Colorado municipal corporation By: 0a Cam McNai City Engineer Operations Group Northern California 525 Market Street, 25th floor San Francisco, CA 94105 DATE: OCTOBER 26, 2003 BENEFICIARY: CITY OF FORT P.O. BOX 580 FORT COLLINS, COLLINS CO 80522 • LETTER OF CREDIT NO. NVS373126 APPLICANT: DAVID L. EDWARDS PAULA R. EDWARDS 903 RULE DR. APT 7 FORT COLLINS, CO 80525 S407382 PAGE: 1 NORWEST BANK MINNESOT.A, NATIONAL ASSOCIATION ("NORWEST"), WHICH HAS ISSUED, ADVISED, AND/OR CONFIRMED THE ABOVE -REFERENCED STANDBY LETTER OF CREDIT (THE "L/C"), HAS CHANGED ITS NAME TO WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION ("WELLS MINNESOTA"). AS A RESULT, THE ROLE OF NORWEST AS THE ISSUER, ADVISER, AND/OR CONFIRMER OF THE L/C HAS NOW BEEN TAKEN OVER BY AN AFFILIATE OF WELLS MINNESOTA, WELLS FARGO BANK, NATIONAL ASSOCIATION ("WELLS FARGO"). WELLS FARGO IS NOW THE ISSUER, ADVISER, AND/OR CONFIRMER OF THE L/C AND, EFFECTIVE IMMEDIATELY, ALL DRAFTS AND DEMANDS TO BE DRAWN OR MADE UNDER THE L/C ON NORWFST SHOULD BE DRAWN OR MADE ON WELLS FARGO AT WELLS FARGO BANK, N. A., TRADE SERVICES DIVISION, 525 MARKET STREET, 25TH FLOOR, SAN FRANCISCO, CALIFORNIA 94105, AND ALL DOCUMENTS AND OTHER COMMUNICATIONS TO BE PRESENTED UNDER THE L/C TO NORWEST SHOULD BE PRESENTED TO WELLS FARGO AT THAT SAN FRANCISCO ADDRESS. THE L/C AS ORIGINALLY ISSUED, ADVISED, AND/OR CONFIRMED BY NORWEST WAS NUMBERED S407382 . THAT NUMBER HAS NOW BEEN CHANGED TO WELLS FARGO BANK LETTER OF CREDIT NUMBER NVS373126- ALL CORRESPONDENCE AND, WHERE APPLICABLE, DOCUMENTS MUST NOW BEAR THE NEW WELLS FARGO BANK LETTER OF CREDIT NUMBER, IF THE L/C PRESENTLY EXPIRES AT THE COUNTERS OF NORWEST, THEN, EFFECTIVE IMMEDIATELY, THE ADDRESS OF THE PLACE OF EXPIRATION IS CHANGED TO THE ADDRESS OF WELLS FARGO IN SAN FRANCISCO INDICATED ABOVE. IF THE L/C PRESENTLY REFERS TO THE FACSTMILr' NUMBER, SWIFT ID, OR TFLFX NUMBER OF NORWEST, THEN FFFECTTVF IMMEDIATELY, SUCH FACSIMILE NUMBER IS CHANGED TO (415)284-9453, SUCH SWIFT ID IS CHANGED TO WFBIUSGS SFO, AND SUCH TELEX NUMBER IS CHANGED TO "184904 WELLSUT". IF YOU HAVE ANY QUESTIONS ABOUT THIS CHANGE, PLEASE CONTACT AGNES W. HUANG BY TELEPHONE AT 415-396--3087 INSTEAD OF THE NORWEST BANK MINNESOTA CONTACT NAMED IN THE L/C. UHORIZED hIGNATURE NOV 'j, t ZOOO Original WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION ATTN: LETTERS OF CREDIT, ROANOKE BUILDING, FIFTH FLOOR 109 SOUTH 7TH ST., MINNEAPOLIS, MIN 55402 TELEX NUMBER: 67346G5 SWIFT ADDRESS: NWNEUS44 IMPORTS/EXPORTS 1-800-553-3769 OCTOBER 12, 2000 TO: CITY OF FORT COLLINS P.O. BOX 580 FORT COLLINS, CO 80522 ACCOUNT PARTY: DAVID L. EDWARDS PAULA R. EDWARDS 903 RULE DR. APT 7 FORT COLLINS, CO 80525 OUR STANDBY LETTER OF CREDIT NUMBER S407382 DATED JANUARY 11, 2000 AMENDMENT NO. 001 1. THIS LETTER OF CREDIT IS CANCELLED IN ITS ENTIRETY. THIS AMENDMENT IS ONLY EFFECTIVE UPON RECEIPT BY WELLS FARGO BANK MINNESOTA NATIONAL ASSOCIATION OF BENEFICIARY'S WRITTEN AGREEMENT. PLEASE INDICATE YOUR AGREEMENT OR DISAGREEMENT BY SIGNING ATTACHED CCPY AND � RETURNING TO US. / 1 AGREEMENT - -- -- -- DATE---'-- ---�-- (--------- DISAGREEMENT----- -- DATE ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION ------------------------- AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE