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Home My WebLink AboutRIGDEN FARM FIFTH SETTLERS GREEN PDP - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-06-20City of Dort Cc] in Transportation Services Engineering l:)eparhncnz DEVELOPMENT CONSTRUCTION PERMIT Permit Number: _ 01-43 Issuance Date: /.. -7 0 Project Name: _ Rift Farm Fifth Filine — Tract I (Settler's Green) Project A.K.A.: Project Location: Northeast corner of Rigden Parkwav and Custer Drive Permittee: Bob Hand, RND Development LLC Go, and developer contacts: See attached Exhibit 'W' for names and phone numbers of all contact persons far this project. Fees: Permit Application Fee (paid at the time of application) Construction Inspection Fee (paid prior to issuance of this permit) Total 300.00 $ _ 7.518.80 7,818.80 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. $ 1g2702.75 Form of security deposited with the City: Letter of Credit PERFORMANCE REQUIREMENTS OF TIIIS PERMIT: I . 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 litility Plans and related documents. The Permittee shall have an Engineer represent, as required by the CnN in the Development Agreement_ that the improvements are constructed in contormance with the approved Utility Plans and the standards and specifications of the City. The Permittee shall provice "as -constructed" plans prepared by an Engineer prior to the City's acceptance of the constructed pudic improvements. (All references above to the terms "Project Engineer' and "F.ngincei'" shall me�.n a Professional Engineer licensed in Colorado.) ?. All contractors who perform work on this protect must be bonded and licensed in conformance tA ortli:�.�L. �,_ .•. rn,i v,. 1m „o °�•r C.�ilin;. ,td1.= JSs,fi. <r0)=.' ,6(1� I i�i J)12`1-',,.7;1 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 notices 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 3 hereto. The Citv 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 ?. The Bank shall thereafter promptly issue an amendment to the Letter of Credit corresponding to the change or chamres 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 a(_,reement referred to herein, except only the certificate and drafts) referred to herein; and anv such reference shall not be deemed to incorporate herein by reference anv document, instrument or agreement except for such certificate or draft(s). Sincerely, Catherine E Costlow Assistant Vice President -Real Estate First National Bank STATE OF COLORADO) �,,�. �N6i Y OF LARI:VtER) �irbgC bed and sworn 2Q before me this day of.�d�e assistant Vice President, First National Bank. ' , s my hand and official seal. `Iotary Public -My C:btii fission Exoires. RND DEVELOPMENT. LLC Robert T Hand EXHIBIT I CERTIFICATE The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable Letter of Credit No. dated 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 S which is the amount of the draft presented with This Certificate. is the amount currently due to the City of Fort Collins from (d) The amount of the accompanying draft together with all previous draws Under the Letter of Credit do not exceed in the aggregate $ and (e) The Letter of Credit has not expired. IN WITNESS WHEREOF. the undersigned has executed this Certificate of behalf of the Citv of Fort Collins this day of THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation Title STATE OF COLORADO) COUNTY OF LARIMER) Subscribed and sworn to before me this day of by _ as authorized officer of the Citv of Fort Collins. Colorado. Witness my hand and official seal. Notary Public My Commission EXHIBIT 2 Amendment to Letter of Credit Y 'The Citv of Fort Collins certifies that the person signing below is authorized to execute this amendment 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 S The maturity date is revised to be The 60-day automatic one year renewal provision no longer applies. Release Onainal 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 Citv of Fort Collins this day of CITY OF FORT COLLINS. COLORADO a Colorado municipal corporation mzrri..sra+.r..rrrriir Transportation Services DEVELOPMENT CONSTRUCTION PERMIT Permit Number: _ 01-43 Issuance Date: l /- -7 c / Project Name: _ Rigden Farm Fifth Filing — Tract I (Settler's Green) Project A.K.A.: Project Location: Northeast corner of Rigden Parkway and Custer Drive Permittee: Bob Hand, RND Development LLC 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) $ 300.00 Construction Inspection Fee (paid prior to issuance of this permit) $ 7,518.80 Total $ 7,818.80 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. $ 149,702.75 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 Development Construction Permit, Page 2/6 with City requirements. 3. Construction time restrictions: N/A 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 Ciry; (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 3/6 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: OWN Permittec'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, 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:%/v> �� 1� Date: Approval for issuance: City Engineer Approval: �� Date: (Per t Issuance Date) Development Construction Permit, Page 4/6 EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Name, address and numbers Project Name: Project A.K.A.: Citv Staff Contact Persons: Development Engineer: Marc Virata 281 North College Avenue Fort Collins, CO 80524 970 221-6605 Construction Inspector: Lance Newlin 281 North College Avenue Fort Collins, CO 80524 970 416-2011 Current Planner: Troy Jones 281 North College Avenue Fort Collins, CO 80524 970 221-6750 Water Utilities Engineer: Roger Buffington 700 Wood Street Fort Collins, CO 80521 970-6854 Erosion Control Inspector: Bob Zakely 700 Wood Street Fort Collins, CO 80521 970 224-6063 Natural Resources: Doug Moore 281 North College Avenue Fort Collins, CO 80524 970 224-6163 Development Construction Permit, Page 5/6 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: Tom Reiff 215 North Mason Fort Collins, CO 80524 970 416-2040 Forestry: Tim Buchanan 281 North College Avenue Fort Collins, CO 80524 970 221-6361 Light and Power: Developer' Contact Persons: Project Manager/ Developer/Owner: Architect/Planner: Doug Martine 700 Wood Street Fort Collins, CO 80521 Robert Hand RND Development LLC 1901 Avery Court Fort Collins, CO 80525 Office: 970 224-0575 Cell: 970 566-2174 Fax: 970 224-0575 Email: rhandfam@cs.com Mikal S. Torgerson MTA Architects, PC 211 Jefferson Fort Collins, CO 80524 Office: 970 416-7431 Cell: 970 567-7431 Fax: 970 416-7435 Email: mikal@architex.com Development Construction Permit, Page 6/6 Project Engineer: Dave Sneesby Advances Professional Engineering, Inc. 212 W. Magnolia Fort Collins, CO 80522 Office: 970 484-0533 General Contractor: Fax: 970 484-5086 Email: dsneesby(c�advancedpe.com Tim Coonce Barnabas Team - CDC LLP d.b.a Paragon Builders 3000 Pearl Street, Suite 210 Boulder, CO 80301 Office: 303 442-8453 Fax: 303 938-1703 •r�--� II 2e i Fso CASH AHT. i I I CHECK anurace ORDER REdFORM e1800 ®First National Bank November? 2001 City of Fort Collins 300 LaPorte :avenue For, Collins. Co 80521 Dear Sirs: We herebv establish. at the request and for the account of RND Development. LLC in vour luvor as heneficiarv. our Irrevocable Letter of Credit No.3126 in the amount of One hundred Port%— Nine Thousand Seven Hundred Two and 73i 100 Dollars (1, 19,70?.7ti (us more fully described below), effective immediately and expiring at the close of bankin,, busitiCss on November ?.'_002. at our office at 1 �� E. Boardwalk Fort Collins. Co 8'J 2 5. This Letter of Credit is intended for the tlmdim, required for the TRACT I RIGDEN FARM AKA: SETTLER'S GR"'N PROJECT Development Project(" Development Project') fbr the assurance of the completion of the construe€ion and the maintenance and repair of the public infrastructurc in connection with the aforesaid development project and its associated dcyeiopment agreement and development construction permit. Funds under this Lerte- of Credit are available to you for one or more drawines prior to the close of business on November 2. '00=. against sight drafts in an aggregate cumulative amount not to exceed `$1 J9 t Od.73. dated the date of presentment. ,drawn on our offic referred to above. referrim_ thereon to the number of this Letter of Credit and accompanied by vour written certificate signed by %ou 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 6') our hororinI, vour draft(s) totaling `$1 49.702.75 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 Later of Credit for cancellation. this Letter of Credit shall automatically terminate. [t is understood that the amount of this Letter of Credit muv be reduced as public improvements arc constructed and accented by the City. As components of the infrastn uctu c are satisfactoriiv completed in accordance �.vith approeed utility plans. the valu: of the completed components man be established !Lom the Development CIrutrucnon P.!-rniL rksheet for dcter-ninin-, USIS of intiasuucture construction and inspection lees. whereupon the amount of :his letter of credit mtay be reduced oy the vniue of the :omplcted componem(s). up(ln execution of a "Rcqucst for Amendment to LCltcr of vin" iorni ii iaclie'd hereto as '"anblt copy