HomeMy WebLinkAboutOBSERVATORY PARK - Filed DCP-DEV. CONSTRUCTION PERMIT - 2008-02-27DEVELOPMENT CONSTRUCTION PERMIT
Permit Number. 07-36 Issuance Date: October 23 2007
Project Name: Observatory Park
Project Location: 808 West Prospect Rd
Permittee: Jeffrey J. Evans, Observatory Park Construction Company
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) $ 3.933.34 /paid)
Total $ 4,333.34 (paid)
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.
$ 202,578.70 Cash Deposit — will be substituted with a Letter of Credit within 2 weeks
Form of security deposited with the City: L.O.C.
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 terns "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:
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:., J ► f IS Date:
Approval for issuance: J
City Engineer Appro al: Date: �" �2 6 7Z
�f ✓J yl ,c`` �e r �— (Permit Issuance Date)
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Observatory Park
City Staff Contact Persons:
Current Planner: Ted Shepard
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6341
Development Engineer: Randy Maizland
281 N. College Avenue, Fort Collins, Co 80524
(970)416-2292
raizland@fcgov.com
Construction Inspector: Tracy Dyer
281 N. College Avenue, Fort Collins, Co 80524
(970)416-2011
Water Utilities Engineer: Roger Buffington
700 Wood Street, Fort Collins, Co 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, Co 80524
(970)221-6820
Street closures: Syl Mireles
625 Ninth Street, Fort Collins, Co 80524
(970)221-6815
Forestry: Tim Buchanan
281 N. College, Fort Collins, Co 80524
(970) 221-6361
Light and Power: Alan Rutz
700 Wood Street, Fort Collins, Co 80521
(970)224-6153
4of5.
Developer's Contact Persons:
Project Manager: Jeffrey J. Evans
730 W. Prospect Rd.
Fort Collins, CO 80526-1920
(970) 221-5515
(970) 221-5517 FAX
(303) 725-4706 mobile
Fax (303) 778-0628
jeffevans686 msn.com
Owner: Jeffrey J. Evans
730 W. Prospect Rd.
Fort Collins, CO 80526-1920
(970)221-5515
(970) 221-5517 FAX
(303) 725-4706 mobile
Fax (303) 778-0628
jeffevans68@msn.com
Developer: Jeffrey J. Evans
730 W. Prospect Rd.
Fort Collins, CO 80526-1920
(970)221-5515
(970) 221-5517 FAX
(303) 725-4706 mobile
Fax (303) 778-0628
9effevans68(a)msn.com
Project Engineer: Jade Miller, DMW Civil Engineers
1435 W. 29" St.
Loveland, CO 80538
(970)461-2661
Fax (970) 461-2665
i ade(uWmwcivilengineers.com
General Contractor: Jeffrey J. Evans
730 W. Prospect Rd.
Fort Collins, CO 80526-1920
(970) 221-5515
(970) 221-5517 FAX
(303) 725-4706 mobile
Fax (303) 778-0628
i effevans68 (a.m sn. com
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City of Fort Collins
Engineering Department
281 N. College Ave.
Fort Collins, Colorado 80524
Dear Sirs:
RONTIER BANK
We hereby establish, at the request and for the account of Jeffrey Evans and Mary Alice Bross -
Evans (West Prospect Investments, LLC), in your favor as beneficiary, our Irrevocable Letter of
Credit No. 110-01, in the amount of Two Hundred Two Thousand Five Hundred Seventy-eight
Dollars and seventy cents ($202,578.70) (as more fully described below), effective immediately and
expiring at the close of banking business on December 20th, 2009, at our office at 2435 35° Avenue,
Greeley, Colorado 80634.
This Letter of Credit is intended for the funding required for the Observatory
Park Condominium 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 _December 20, 2009, against sight drafts in an
aggregate cumulative amount not to exceed $ 202,578.70, 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 (i) our honoring your draft(s) totaling $_202,578.70 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
2425 35th Avenue • Greeley, Colorado 80634 0 970-339-5100 0 Fax 970-339-5200
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 notice 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 2 hereto.
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 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 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,
f
Issuing company name: New Frontier Bank
Address: 2425 35`h Avenue, Greeley, Co
Phone Number: 970-339-5100
Jamie A. Weeks
Senior Vice President, Issuer
DEVELOPMENT CONSTRUCTION PERMIT
APPLICATION
(1 / 16/06)
For City use only: Application Number
Application Date:.
Permit application fee: S 400.00
INSTRUCTIONS:
I. 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 2216605.
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):
Observatory Park Condo -Style
Project A.K.A. (Marketing name if different from Project Name):
Project Location: _808 West Prospect Road, Fort Collins, CO 80526-1920
Property Owner(At the time of this permit issuance):
Individual Name: Jeffrey J. Evans
Company Name :West Prospect Invectmentg t t f
Address: 730 West Prospect Road Fort Collins CO 80526-1920
Phone number(s):
Office:_970-221-5515
Cellphone:_303-725-4706
Fax number: 970-221-5517
Email: _jeffevans68(amsn.c0m
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):
Individual Name: Jeffrey J. Evans
Company Name: Ohservatnp, nark C onstmrtinn CnmpanV
Address: 730 West Prospect Road. Fort Collins. CO 80526-1920
Phone number(s):
Office: _970-221-5515
Cellphone: _303-725-4706
Fax number: _970-221-5517
Email: jeffevansa msn.com