HomeMy WebLinkAboutMORNINGSIDE VILLAS - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-10-06Permit Number
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DEVELOPMENT CONSTRUCTION PERMIT
00-26 Issuance Date:
Project Name: Morningside Villas Subdivision
Project A.K.A.:
Project Location: South end of Mornineside Drive - Morningside Drive is located North of
but not connected to Stuart Street between College Ave and Lemav Ave.
Permittee: Bret Larimer, Bret Larimer LTD, (970) 226-1499
City and developer contacts: See attached Exhibit `A "for names and phone numbers of all
contact persons for this project.
Fees: Permit Application Fee ($150.00) $ paid
Erosion Control Bond (paid prior to issuance of this permit)
Construction Inspection Fee (paid prior to issuance of this permit) $ 768.00
Total S 768.00
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.
$ 8806.60
Form of security deposited with the City: J
PERFORMANCE REQUIREMENTS OF THIS PERMIT:
I . The Pet mittee 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 arc 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.)
All contractors who perform work on this project must be bonded and licensed in conformance
with City requirements.
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Utilities
lalight & power • stormwater • wastewater • water
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Letter of Credit...
City of Fort Cnliins
MICMORAINDLr 4 OF UYDERSTANDL`G
Fret Larme-r LTD ("the Developer"), is the developer of certain real property
located in the City of Port Collins known as 800_ (TBD) Morningside Villas ("he
Property"). ( If the Developer is not the Owner of the Property, then the Owners thereof shall also
execute the Memorandum of Understanding or page 2 hereof.) The City has approved an Erosion
Control Plan dated _ 20 _ ("the Plan"), fbr the Property and, pursuant to Section 2 2 of
the Citv's 'Storm Dnunage De6zn Criteria and Construction Standards " ("the Criteria"), the City
has agreed to accept a bond, cash escrow, or irrevocable letter of credit in the amount of
6D__X"the F-r-row") from the Developer to guarantee the
proper installation and maintenance of the erosion control measures shown on the Plan and
described in the Criteria. The Escrow has been received by the City, in the form marked in the
box at the ton of this psae
If at any time. the Developer fails to abide by the provisions of the Plan or the Criteria,
the City may enter upon Property for the purpose of makint; such improvements and undertaking
such activities as may be necessary to ensure that the provisions of the Plan and the Criteria are
properly enforced The City may apply such portion of the Escrow as maybe neoessary to pay all
costs incurred by the City in undertaking the administration. construction and/or installation of the
erosion control measures required by the Plan and the Criteria or measures needed to stabilize the
site erosion should the project be abandoned by the Deveiopel.
Upon acceptance by the City of the initial installation of the erosion control measures
required by the Plan and the Criteria, the Escrow shall be reduced to twenty-five (25) percent of
the actual cost of such measures. The balance: of the Escrow shall be held by the City to
guarantee the continued maintenance and replacement of such measures for a period not to
exceed two (2) years from the date of installation of the erosion control measures. Upon the
expiration of said two (2) year period, or the date of certification by the City that the required
measures have been fully completed and maintained in accordance vath the Plan, whichever
occurs first, the balance of the Escrow shall be refunded and the right of access granted to the
City under this Memorandum of Understwiding shall be of no further force and effect. Untilsuch
time, the rights of the parties under this Memorandum of Understanding shall nm with the
Property and be binding upon any subsequent owner thereof, as well as airy assignee in interest of
the Developer.
Dated this _ ; day of Nov , 2000.
(I oft)
Too wood St • PO. Box 580 • Fort Couins, co 805=-0980 - (970) 221b700 • FAX (970) 221-6619 • FAX (9,T) 221-6593 • rDD (9M) 224-&XD
c-mail: uti]itiesC`cilort-collfmxo. us • www.d. t0rt-00Wn3.Cu.ue/UrLrrrt-5
DE VELOYISR
THE CTTY OF FORT COLLINS,
COLORADO, a municipal corporation
Bret Larime LT j
By — —r� .t,.. _' By:
T e. B t Lorimer, President
Attest: (if Corporation)
Secretary:
OWNER.
Bret E. Lar
Title: oWner
Attest: (if Corporation)
Secretary
Attorney Certificate:
Glen D. Schlueter
Stormwater Development Review Manager
This is to certify that on the day of 20_, I examined the title to the
above described Property and have determined that all fee title Owners of the above described
Propertv have executed this Memorandum of Understanding. I hereby affirm responsibility to the
City of For Collins, Colorado, as a third party beneficiary of this certification, for any errors and
omissions by the concerning this certification.
Name:
Colorado Attorney Registration No.:
(2 of 2)
ol't�ac�w<,St_
November 10, 2000
City of Fort Collins
300 LaPorte Avenue
Fort Collins, CO 80521
Dear Sirs:
We hereby establish, at the request and for the account of Bret Latimer LTD in your favor as
beneficiary, our lrrcvocable Letter of Credit No. 0600086225LC in the amount of Eight thousand
tii111ht Hundred six and 60/100 Dollars (S8,806.60) (as more fully described below), effective
immediately and expiring at the close ofbankine business on August 9, 2001, at our office at
Centennial Bank of the West, 1550 E Harmony Road, Fort Collins, CO 80525.
This letter of Credit is intended for the funding required for the 800 (TBD) Morningside Villas
Suhdivision 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 August 9, 2001, against sight drafts in an aggregate
cumulative amount not to exceed 58,806.60, dated the date of presentment. drawn on our office
referred to above, referring thereon to the number of the Letter of Credit and accompanied by
your written certificate signed by you and acknowledged as therein provided in the form of
Exhibit ] hereto.
Presentation of such sight draft and certificate shall be made at our office referred to above -
Upon the earlier of (1) our honoring your draft(s) totaling 58,806.60 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 ()['this Lctter of Credit for cancellation, this Letter ofCredit shall automatically terminate.
ft is understood that the amount of this Letter of Credit may be reduced as public improvements
arc constructed and accepted by the City. As components of the infrastructure are satisfactorily
completed in accordance lvith approved utility plans, the value of the completed components may
be established from the Development Consu-uction Permit worksheet for determining costs of
infrastructure constriction and inspection fees, whereupon the amount of this letter of credit may
be rcduccd by the value of the completed component(s), upon execution of a "Request for
amendment to Lcttcr of Credit' in the form attached hereto as Exhibit 3.
This Icttar ofcredit 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, 1C'C' publie<<tion 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 (GO) 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 certifi�dYnail, Any amendments to this Letter of
CrL:dit shall he made in the form of Exhibit ? hereto.
The City may at any time request that the Bank amend this �Lettei ,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 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).
Sincerely,
4"�_
David W. Armstrong *47
Branch President
DWMs-
Issuing Company Name: Centennial Bank of the West
Address: 1550 F Harmony Road
Fort Collins, CO 50525
Phone Number. 9?b-2U4-0505
u/zs/ter✓
EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable
Letter of Credit Nd60003862'-4ffied „.,,a ,, "cQ 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.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of behalf of the
City of Fort Collins this day of
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
M.
[Title]
EXHIBIT 2
Request for Amendment to Letter of Credit # n6nnn862�2 LC
The City of Fort Collins certifies that the person signing below is authorized to execute this
Request for Amendment toUtter 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
13 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 this _ day of
By:
CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
(Name and Title)
transportation Services
Enp;in crirn_ i�epar�n:en±
Development Construction Permit,
DEVELOPMENT CONSTRUCTION PERMIT
Cite' of Fort Collirts
Permit Number: 00-26 Issuance Date:
Project Name: Morningside Villas Subdivision
Project A. RA.:
Project Location: South end of Morningside Drive - Morninaside Drive is located NI
hi l not connected to Stuart Street between Coll eee Ave and Lemav Ave.
Permittee: Bret Larimer, Bret Larimer LTD, (970) 226-1499
City, and developer contacts: See attached F_.rhibit `A "for names and phone numbers of all
contact persons for this project.
Fees: Permit Application Fee ($150.00) $ paid
Erosion Control Bond (paid prior to issuance of this permit)
Construction Inspection Fee (paid prior to issuance of this permit) $ 768.00
Total S 768.00
Development Bond or other approved security:
Amount of security deposited with the City to auarantee the completion of all public
improvements to be constructed as shown on the approved plans for the development.
$ 880o.6o
Form of security deposited with the City f i r:.". t t t; �\::
PERFORMANCE REQUIREMENTS OF T141S PERMIT:
1. The Petrmittee ;hall be responsible to require their Project Engineer to incorporate into all design
drawings and specifications the certification ofall materials testing by an Engineer. The Permittee
shall htivc an Fiwincer prepare revised design drawings and secure City approval for all revisions
to the l'tilimPlans and related documents. The Permittec shall have an Engineer represent, as
required by the City in the Development Agreement, that the improvements are constructed in
Coll to] with the approved Utility Plans and the standards and specifications of the City. The
Permittec >hall provide "as -constructed" plans prepared by an Engineer prior to the City's acceptance
ofthe constructed public improvements. (All references above to the ternis "Project Fngineer" and
Til'-inea" ~hall mean a Professional Engineer licensed in Colorado.)
3. All contractors who perform work on this project must be bonded and licensed in conformance
with City requirements.
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Development Construction Permit, Page 2/5
3. Construction time restrictions:
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. "fhis 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 Ixpiration (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, arc 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 front the final inspection are completed and accepted by
the City; and (3) required certifications from the licensed professional engineer that improvements
arc 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.I(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
Development Construction Permit, Page 3/5
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:
13y signing this permit I acknowledges that I am acting with the knowledge, consent, and authority of
the owners of the properly (including all owners having legal or equitable interest in the real property,
as dclined 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
ofticials to enter upon the property for purposes of inspection and, if necessary, to enter upon such
property to perlbrm work required of the applicant if the applicant were to tail to perform the required
work. I also acknowledge that I have read this permit document with all its requirements and
conditions, and 1 agree to all of the terns and conditions so stated in this permit.
Applicant/Project Manager's Signatures --tx 4 Date: i l 1
Approvalforissuance:
City Engineer Approval: � �` �Q� v Date: 1 6 /00
1 (Pere it Issuance Date)
Development Construction Permit, Page 4/5
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Name, address and numbers
Project Name: Mornignside Villas Subdivision
Project A.K.A.:
City Staff Contact Persons:
Development Engineer: Sheri L. Wamhoff
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6750 0140
Construction Inspector: Wayne Lenard
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6605 x
Cell (970) 222-6824
Current Planner: Ted Shepard
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6343
Water Utilities Engineer: Roger Buffington
700 Wood Street_ Fort Collins, Co 80521
(970)224-6700
Erosion Control Inspector: Bob Zackley
700 Wood Street, Fort Collins, Co 80521
(970)224-6063
Natural Resources: Kim Kreimeyer
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6641
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
Development Construction Permit, Page 5/5
Transportation Planning: Kathleen Reavis
210 E. Olive, Fort Collins, Co 80524
(970)224-6140
Forestry: Tim Buchanan
281 N. College, Fort Collins, Co 80524
(970)221-6361
Light and Power: Bruce Vogel
700 Wood Street, Fort Collins, Co 80521
(970)224-6700
Developer' Contact Persons:
Project Manager: Bret Latimer, Bret Larimer LTD
1600 W. Horsetooth Road
Fort Collins_ Co 80526
(970) 226-1499
Fax (970) 266-0022
Cell (970) 690-4686
Developer/ Owner: Bret Latimer, Bret Larimer LTD
1600 W. Horsetooth Road
Fort Collins, Co 80526
(970) 226-1499
Fax (970) 266-0022
Cell (970) 690-4686
Project Engineer: Dick Rutherford, Stewart and Associates
103 S. Meldrum Street
Fort Collins, Co 80521
(970)482-9331
Fax (970)
General Contractor: Bret Larimer, Bret Larimer LTD
1600 W. Horsetooth Road
Fort Collins, Cc 90526
(970) 226-1499
Fax (970)266-0022
Cell (970) 690-4686
or All Other Contractors:
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