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HomeMy WebLinkAboutADVANCE AUTO PARTS - Filed DCP-DEV. CONSTRUCTION PERMIT - 2008-10-23DEVELOPMENT CONSTRUCTION PERMIT Permit Number: 08-05 Issuance Date: April 9 2008 Project Name: Advance Auto Parts Project Location: SW corner of College Ave. and Hemlock St Permittee: Sinnett Builders, 4557 denrose Q., Ft Collins Co 80522 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) $ 400.00 (paid) Construction Inspection Fee (paid prior to issuance of this permit) $ 1,68Z 00(paidl Total $ 2,082.00 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. $ 45,416.00 Form of security deposited with the City: L.O.C. Vectra Bank Colorado 4-9-08 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. VECTRABANK Commercial Code, the Uniform Customs and Practice for Documentary Credits, 2007 revision, ICC publication number 600. 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 requests for amendments to this Letter of Credit shall be made in the form of Exhibit 2 attached hereto. The City may at anytime 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 waybe 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). Sincerely, avid Lederhos Vice President of Vectra Bank Colorado, N.A. Issuing company name: Vectra Bank Colorado, N.A. Address: 2000 South Colorado Boulevard #2-1200 Denver CO 80222 Phone Number: 720.947.8389 REAL ESTATE FINANCE 2000 SOUTH COLORADO BOULEVARD, SUITE 2-1200 DENVER, COLORADO 80222 ianue PHONE: 720 947 7700 FAX 720 947 7761 "."` w .vectrabank.com M.bm FDIC VECTPABAN to1.o1)S EXHIBIT 1 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 $ , 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. INWITNESS WHEREOF, the undersigned has executed this Certificate ofbehalf of the City of Fort Collins this day of THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation 0 [Title] REAL ESTATE FINANCE 2000 SOUTH COLORADO BOULEVARD, SUITE 2-1200 DENVER, COLORADO 80222 xou<�,i PHONE: 720 947 7700 FAX: 720 947 7761 "`°" w .vectmbank.com tMmb,, FDIC VECTRABAN)K IOR EXHIBIT 2 Request for Amendment or Release of Letter of Credit # 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 ❑ 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 I 0 CITY OF FORT COLLINS, COLORADO a Colorado municipal corporation (Name and Title) REAL ESTATE FINANCE 2000 SOUTH COLORADO BOULEVARD, SUITE 2-1200 DENVER, COLORADO 80222 a x PHONE: 720 947 7700 FAX: 720 947 7761 ou�ixx I e x x I x wwwvectrabank.com Member FDIC 3. Construction time restrictions: Original signed Bank Letter of Credit must be received by 4- 11-08 or the permit will be revoked and a Stop Rork Order issued on the proiect Construction of the driveway access on College Avenue may not commence until a "Notice to Proceed" has been issued by CDOT for State Highway Access Permit No 407118 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. 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: 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: Approval for issuance: City EngineerApproval ff: Date: Z, (Per it Issuance Date) EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Advance Auto Parts City Staff Contact Persons: Development Engineer: Randy Maizland 281 N. College Avenue, Fort Collins, Cc 80524 (970) 416-2292 rmaizland@fcgov.com Construction Inspector: Tracy Dyer 281 N. College Avenue, Fort Collins, Co 80524 (970) 416-2011 Zoning Staff: Gary Lopez 281 N. College Avenue, Fort Collins, Cc 80524 (970) 416-2338 Water Utilities Engineer: Roger Buffington 700 Wood Street, Fort Collins, Cc 80521 (970) 221-6700 Erosion Control Inspector: DA Black 700 Wood Street, Fort Collins, Co 80521 (970) 221-6700 Traffic Operations: Ward Stanford 625 Ninth Street, Fort Collins, Cc 80524 (970) 221-6820 Street closures: Syl Mireles 625 Ninth Street, Fort Collins, Cc 80524 (970)221-6815 Forestry: Tim Buchanan 281 N. College, Fort Collins, Cc 80524 (970)221-6361 Light and Power: Alan Rutz 700 Wood Street, Fort Collins, Cc 80521 (970)224-6153 4of5 Developer's Contact Persons: Project Manager: Luke Burroughs — Sinnett Builders 4557 Denrose Ct. Fort Collins, CO 80522 (970) 493-1770 (970) 566-2025 cell Fax (970) 482-4537 lukeg,,sinnettbuilders..com Owner: BTS Hemlock AA LLC — Cadence Capital Investments LLC — Kay Christman 8480 E. Orchard rd. # 6900 Greenwood Village, CO 80111 (720)493-5100 (720) 210-8006 cell Fax (720) 493-2801 kchri stman L cadencecap. com Developer: BTS Hemlock AA LLC — Cadence Capital Investments LLC — Lucy Dinneen 8480 E. Orchard rd. # 6900 Greenwood Village, CO 80111 (720)493-5100 Fax (720) 493-2801 ldinneenncadencecap.com Project Engineer: Brian Krombien — Jones Engineering, Inc. 2120 W. Littleton Blvd. # 205 Littleton, CO 80120 (303)233-5220 Fax (303) 233-9465 brianA)ionesea.com General Contractor: Luke Burroughs — Sinnett Builders 4557 Denrose Ct. Fort Collins, CO 80522 (970) 493-1770 (970) 566-2025 cell Fax (970) 482-4537 luke(a?sinnettbuilders,.com 5 of 5 a 3'3 q s i i.E S x F$ yA ?9 Y� tl YY e 4� 9y F W W 2 y F Q F w W y O U G z Q m w H z z Q 7 a F fU W O a a 000000 V 7 o o o o 0000000000 O O O O O O O O O O 000000 O O O O O O p p�:: 6N O N M M w W E I O O_ O O N O O O O �0 O N m. 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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. 2. If you have any questions contact the Development Engineer, . at 221-6605. 3. Submit the Application and pay the Application Fee at the fee at the Engineering counter at 281 N. College Avenue. PROJECT INFORMATION: Project Name (as approved by the City): Project A.K.A. (Marketing name if different from Project Name): Project Location: 1 h Z3 N . Col( Property Owner(At the time of this permit issuance): Individual Name: C-V r' ....., Company Name.. do AA 14_L It Address: 8Yba E. /Drcl%ew ( eo4.1 Phone number(s): Office: 7Z0. `{i 3 ..5/bb Cellphone: 77W. Zlb . Fax number: '7zp , y U. Z 80 I 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): L� ro4gu Individual Name: � Company Name S�'nr�e �c.;lcQus Address: '1597 10�.,,as� C6 -Frx-1- Calms 4�a 5+0s,2-2- Phone number(s): Office: 5gb. ri`l3.1776 Cellphone: -770. 51e(L.7—O Fax number: q7 . `f 8 L - `65 7 Email: Ikkecn, LLL VECTRABAlNK April 9, 2008 City of Fort Collins Engineering Department 281 N. College Ave. Fort Collins, Colorado 80524 Dear Sirs: We hereby establish, at the request and for the account of William R. Rothacker , in your favor as beneficiary, our Irrevocable Letter of Credit No. 7297556-6009, in the amount of Forty Five Thousand Four Hundred Fifteen and 91/100 US Dollars, ($45,415.91) (as more fully described below), effective immediately and expiring at the close ofbanking business on April 9, 2009, at our office at 2000 South Colorado Boulevard, #2-1200, Denver, CO 80222. This Letter of Credit is intended for the funding required for the Advance Auto Building 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 April 9, 2009, against sight drafts in an aggregate cumulative amount not to exceed $45,415.91, 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 (ii) our honoring your draft(s) totaling $45,415.91 in the aggregate presented on or before this Letter of Credit expires pursuant to the terms herein or (iii) 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 maybe 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 /\ REAL ESTATE FINANCE n uu, 0 2000 SOUTH COLORADO PHONE: 720 VA 700BOULEVARD, SUITE 2-120 7 00DE NV R, COLORADO 80222 1.10 w .vectmb8nkxom Member FDIC