HomeMy WebLinkAboutFOX POINTE PLAZA - Filed DCP-DEV. CONSTRUCTION PERMIT - 2008-02-27DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 06-36 Issuance Date:
Project Name: Fox Pointe Plaza
Project Location: Southeast comer of John F. Kennedy Parkway and Boardwalk Drive —
Post Office Parcel
Permiftee:_ Edward G. Zdenek ZTI Development Group, Inc 631 W. Mulberry St
Fort Collins. CO 80521
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) $ 2.397.70
Total $ 2, 797. 70 (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.
$ 50,000.00
Form of security deposited with the City: Letter of Credit from Tier One Bank 12/20/06
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.)
City of Fort Collins
Engineering Department
281 N. College Ave.
Fort Collins, Colorado 80524
Dear Sirs:
3 'A 'Np a(
Lexington Downtown Office
110 W. 7th St./ PO dox 579
Lexington, NE 68851-1579
308.324 5691 Phone
308. 324.2822 Fax
We hereby establish, at the request and for the account of MOOMEY ENTERPRISES LLC; LARRY D
MOOMEY7 JUDITH J MOOMEY in your favor as beneficiary, our Irrevocable Letter of Credit No.
0150258394/�M, in the amount of FIFTY THOUSAND and 00/100 Dollars ($50.000 00) (as more fully
described below), effective immediately and expiring at the close of banking business on December 20
2007, at our office at 1 t 0 West 7t' St. Lexington. Nebraska,
This Letter of Credit is intended for the funding required for the Fox Pointe Plaza 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, 2007, against
sight drafts in an aggregate cumulative amount not to exceed $50 000 00, dated the date of presentment,
drawn on our office referred to above, referring thereon to the number of this Letter of Credit and
accompanied your written certificate signed by you and acknowledged as therein provided in the form
of Exhibit 1 hereto.
to.
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 50 000.00 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
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 [he Uniform Commercial Code as in effect in the State of Colorado,
and, to the extent not consistent with the terms of this Letter of Credit and the Uniform Commercial Code,
the Uniform Customs and Practice for Documentary Credits, 1993 revisions, 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.
Ti ern e&
BANK
Lexington Downtown Office
vo'N 7th S[,/ PO Box 579
Lexington, NE 68850-0579
308324.5691 Phone
308.324. 2822 Fax
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).
PRESIDENT, Issuer
Issuing Company Name: TierOne Bann
Address:
Lexington NE 68850
Phone Number: 308-324-5691
DEVELOPMENT CONSTRUCTION PERMIT
APPLICATION
(1 / 16/06)
For City use only. Application Number: Application Date:
Permit application fee: $ 400.00
INSTRUCTIONS:
1. 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):
_Fox Pointe Plaza
Project A.K.A. (Marketing name if different from Project Name):
Project Location: _S.E.C. of JFK Parkway and Boardwalk Drive
Property Owner(At the time of this permit issuance):
Individual Name: Justin D. Moom y
Company Name: M ome4, EnterprigpQ t 1 C
Address: 4495 Ridgeway Dr Loveland CO 80538
Phone number(s):
Office: _970-219-9173
Cellphone:
Fax number: _866-534-9139
Email: _hcbeanbrewers@hotmail.com
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: --Kevin Zdeneh
Company Name
Address: 631 W. Mulberry Street Fort CollinsCO 80521
Phone number(s):
Office: 970-231-4684
Cellphone:
Fax number: _866-534-9139
Email: _kevin@ztigroup.com
CaVCity ofC�
Transportation Development Review. Fee Date Received/ ptid o
Project Name, ,t2z�/�l�i.9Z9 Total Amount Paid_`
nasn-
�„ KYie'R.ryvgrr_��riGSlss�w—s��
Type of Sabutittal
Please indicate the type of application submitted by cheo3dng the box
pfeceding the appropriate reTicst(s),
❑ Overall Development plan (ODp) ee struic Mount
each
Final Development plan (FDP) $50--
This fee includes 2 rounds of review $1000 each J000-1
❑ Additional round of review $ 500 each
❑ AnnaYation 320 x _ acres = + 3250 =
❑ Minor Amendment $250 each
❑ MajorAmendmem $2,500each
❑ Re -zone $200 each
❑ Modification to Land Use Code $200 each
❑ Wireless Telecommunication Equipment (W1E) S65 each
❑ Road Projects — acres (of roadway) X S250 =
❑ Vacation of Easement(s) sr. # of vacations X $400 =
❑ Vacation of Rigbgs)-of-Way "' # of vacations _X $800 =
❑ DedicatianofEasement(a)and/orRi gs}of-Way•*0
# of dedications _ X $250 = _
"= This fen: does not include the cost of filing fees. Filing fees shall be
determined at the time of final docu mimt submittal and will be required prior
to Sling.
❑ Project Development plan (PDP) or Basic Development Review Project
R4itoongTransportation StmcaReview and/or utlity plan review . This fee
includes 3 rounds of review,
DeblichedSingleFamily $160perunk
_, # of units X $160 =
Y or oter residential units $115 per unit
_ # of units X SI15 =
Cononacial, lndnahinl, Retail, aod(or Non residential
building square footage $0 25 per square foot
__sg it X $0.25 =
Sim of the development (area being plaited or if not being —_
planed size of patrol accompenyi ig all development
hnprovemerts) $250 par ace acres X $ 250 =
Project fee $2,000 each $
Total of above amounts
If this fee amount exceeds $30,000 then the fee amormt shall be situated with
the following fornorla;
$30,000 + /, (the amount over 30,000
The m� fee for any residislod ONLY project shall be $500 per
readdamaj, unit This check should be used to verify the fee amount (does not
MP'y to mixed ear develoQmmts). PDP few $hall be the lames of this amcum
or the above calculated amount
# of rzsidenuid emus X $500 =
Reductum for affordable housing - a copy of the City letter certifying/
anhaiangtheaffmdeble hoosiagshall be provided with this applicmum
.Ameum of reduction to beapplied
Date: 6
Land Use Information:
Total number of single family detached units:
Total number of deatial multifamil /other rem —"
Y units: _
TOW number of certified affordable dwelling units (a cq y
Of the lever/ authorization is required):
Non residential building square footage: ff
Gross Acreage: acres
General Information: n
Owners Name(s):
m
Street address: ti
City/State/Zip:
Telephone: Fax
Applicants/ Consultants Fum Name:
Contact
,
City/State/ Zip:
Telephone: Fax:
Certification:
By signing this permit I acknowledge that I am acting,
with the knowledge, consent; sad authority of the
Owners of the property (including all owners having
l"d Or equitable mtotest 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
aaxamplished Pursuing to I hereby
permit City / p-OW&Y for
1noPoae:9 of � o
Name
cc: Cb=sue VA itA
Development F.ngustsintg
TOW owed for1MP $I n_ nn pO
Transportation Development Review Fee Date Received/ Paid _��
1+ p Total Amount Paid 60
Citvuf`1 Project Name: ' )Loplo 144 . l �tl LQ
Project Location: E Corrt0- Date: to 114 1 oty—
f ype of Submittal
Please indicate the type of application submitted by checking the box
preceding the appropriate request(s).
Fee structure amount due
❑ Overall Development Plan (ODP) $500 each _
❑ Final Development Plan (FDP)
This fee includes 2 rounds of review $1000 each _
❑ Additional round of review $ 500 each _
❑ Annexation $20 x _ acres = _+ $250 = _
❑ MincrAmendment $250 each _
C Major Amendment $2,500 each _
❑ Re -zone $200 each _
❑ Modification to Land Use Code $200 each _
❑ Wireless Telecommunication Equipment (WTE) $65 each _
❑ Road Projects _ acres (of roadway) X $250 = _
❑ Vacation of Easements) ""• # of vacations _ X $400 = _
❑ Vacation of Right(s)-of-Way •"• # of vacations _ X $800 = _
❑ Dedication ofEasement(s)and/or Right(s)-of-Way•••
# of dedications _ X $250 = _
"' • This fee does not include the cost of filing fees. Filing fees shall be
determined at the time of final document submittal and will be required prior
to filing.
lil Project Development Plan (PDP) or Basic Development Review project
requiting Transportation Services Review and/or utility plan review. This fee
includes 3 rounds of review.
Detached Single Family $160 per unit
_#of units X$160= _
Multifamily or other residential units $115 per unit
_ # of units X $115 = _
Commercial, Industrial, Retail, and/or Non residential
building square footage $0.25 per square foot
J0J300_sq ft X $025 =� 01
Size of the development (area being platted or if not being
platted size of parcel accompanying all development
improvements) $250 per acre Lt3l0 acres X $ 250 = a3J O&
,'Project fee $2,000 each $2.M
Total of above amounts
If this fee amount exceeds $30,000 then the fee amount shall be adjusted with
the following formula:
$30,000 + /, (the amount over 30,000 )
The maximum fee for any residential ONLY project shall be $500 per
residential unit This check should be used to verify the fee amount (does not
apply to rnixed-use developments). PDP fee shall be the lesser of this amounn
or the above calculated amount.
# of residential units X 3500 =
Reduction for affordable housing — a copy of the City letter certifying'
authorizing the affordable housing shall be provided with this application.
Amount of reduction to be applied
Total owed for PDP $53fnQ, 00
Land Use Information:
Total number of single family detached units:
Total number of multifamily/other residential units:
Total number of certified affordable dwelling units (a copy
Of the letter/ authorization is required):
Non residential building square footage: sq ft
Gross Acreage: acres
General Information:
Owners Name(s):
Street address:
City/State/Zip:
Telephone: _
Fax:
Applicants/ Consultants Finn Name:
Contact:
Street address:
City/State/ Zip:
Telephone: _
Fax:
Certification:
By signing this permit I acknowledge 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.
Name (please p ✓ 14EVtW ZDEW EK
Signature:
Telephone: 97p-37t- s11
cc: Christie White, Engineering
Development Review Engineering �aV�
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 applic t were to fail to perform the required
work. I also acknowledge that I have read this per d ment with all its requirements and
conditions, and I agree to all of the terms and c on so sited in this permit.
Applicant/Project Manager' s
Approval for issuance:
Date: 3 d
�ity Engineer Approvr� ate: l 3 6
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Fox Pointe Plaza
Name, address and numbers
City Staff Contact Persons:
Development Engineer: Randy Maizland
281 N. College Avenue, Fort Collins, Co 80524
(970) 416-2292
nnaizland@fcgov.com
Construction Inspector: Lance Newlin
281 N. College Avenue, Fort Collins, Co 80524
(970) 416-2011
Current Planner: Steve Olt
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6314
Water Utilities Engineer: Roger Buffington
700 Wood Street, Fort Collins, Co 80521
(970)221-6700
Erosion Control Inspector: Unknown
700 Wood Street, Fort Collins, Co 80521
(970)224-6063
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: David Averill
210 E. Olive, Fort Collins, Co 80524
(970)416-2643
E
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
Developer's Contact Persons:
Project Manager: Kevin Zdenek, ZTI Development Group, Inc.
631 W. Mulberry Street, Fort Collins, CO 80521
(970)231-4684
Fax (866) 534-9139
kevin anztigroun.com
Owner: Moomey Enterprises, LLC
4495 Ridgeway Dr.
Loveland, CO 80538
(970)219-9173
Fax (866) 534-9139
hcbeanbrewers@hotmail.com
Developer: Moomey Enterprises, LLC
4495 Ridgeway Dr.
Loveland, CO 80538
(970)219-9173
Fax (866) 534-9139
hcbeanbrewers@hotmail.com
Project Engineer: Tom Cvar
JUB Engineering
3538 JFK Parkway #1
Fort Collins, CO 80521
(970) 377-3602
tcvaz a,iub.com
Architect: Kevin Zdenek, ZTI Development Group, Inc.
631 W. Mulberry Street, Fort Collins, CO 80521
(970)231-4684
Fax (866)534-9139
kevin(a ztigroup.com
5 of 6
General Contractor: Kevin Zdenek, ZTI Development Group, Inc.
631 W. Mulberry Street, Fort Collins, CO 80521
(970) 231-4684
Fax (866) 534-9139
kevin.&a ztigroun.com
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