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HomeMy WebLinkAboutPRESTON CENTER THIRD LOT 5 PELOTON CYCLES - Filed DCP-DEV. CONSTRUCTION PERMIT - 2008-06-05DEVELOPMENT CONSTRUCTION PERMIT Permit Number: 07-42 Issuance Date: Project Name: Peloton Cycles Project Location: 3027 E. Harmony Road Lot 5 Preston Center Permittee: Trent Schilouskv 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) $ 1.553.40 (Ptcn 1 Total $1,953.40 Pno ) 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. $ 61,570.42 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 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. 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 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 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 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, Christian Bordewick Branch President, Issuer Issuing Company Name: Bank of Colorado Address: 4848 Thompson Parkway, Ste 100 Johnstown, CO 80534 Phone Number: 970-663-7600 IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 7080000121 Amount: U.S. 0 61,570.42 (sixty one thousand five hundred and seventy dollars and forty two cents U.S. DOLLARS) This Letter of Credit is issued on December 17, 2007 by Issuer In favor of the Beneficiary for the account of Applicant. The parties' names and their addressee ere 88 follows: APPLICANT: ROBIN TORRES, I.I.C. 3210 S. CENTENNIAL DRIVE FORT COLLINS, Colorado 80528 BENEFICIARY: CRY OF FORT COLLINS ENGINEERING DEFT. 218 N COLLEGE AVE FORT COLLINS, Colorado 80524 ISSUER: BANK OF COLORADO 4848 THOMPSON PKWY JOHNSTOWN, Colorado 80534 ADVISING INSTITUTION: BANK OF COLORADO 4848 THOMPSON PKWY JOHNSTOWN, Colorado 80634 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Creditl In favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft for Drafts, H the maximum number of drawings Is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked -Drawn under BANK OF COLORADO Letter of Credit No. 7080000121 dated December 17, 2007.' Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shag reduce the Amount available under this Loner of Credit by the amount of the draft. This Letter of Credit sets forth In full the tens of Issuer's obligation to Beneficiary. This obligatlon cannot be modified by any reference in this Letter of Credit, or any document to which this Leiter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Beneficiary shall be permitted to make multiple drawings on this Letter of Credit. The maximum number of drawings that may be made on this Letter o1 Credit is 4. 'Draft' means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following. In original and two copies except as stated: A. The original Letter of Credit, together with any amendments. B. A sight draft drawn by Beneficiary on Issuer. C. A signed statement by Beneficiary including the following statement: (el the amount of the draft represents funds due by reason of default in accordance with the terms of the agreement between the beneficiary of this letter of credit and account party; (b) that demand to cure such default has been made; and (c) that default has not been cured by account parry within the apscifled period of time. Said beneficiary affidavit must be an original and must be signed by an authorized representative of the City of Fart Collins, Issuer shall be entitled to accept a draft and the documentation described above, so required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4. SPECIAL INSTRUCTIONS. you will notify us when either: 1. The account party has satisfied all requirements, and the totter of credit may be released; or 2. The account party has failed to perform or is in default under the terms of the agreement with you, the beneficiary of this letter of credit. The bank is not responsible for determining the validity of such default, for obtaining any additional documentation related to the default, nor for determining any questions of fact or law at issue between the account parry and the beneficiary. The amount of any draft drawn under this credit must, concurrently with negotiation, be endorsed on the reveres side hereof and the presentment of any such draft will be made directly to Bank of Colorado at the banking office specified within this loner of credit. 5. EXPIRATION DATE. This Loner o1 Credit expires at the close of business at Issuer's address at 3:00 PM Mountain Time (Time) on December 17, 2009 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Loner of Credit on or before the Expiration Date. S. NON -TRANSFERABLE. This Loner of Credit is not transferable. 7. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2006 Revision, International Chamber of Commerce Publication No. 800 IUCPI, or any later version or amendment. This Loner of Credit is also governed by the laws of Colorado, except as those Iowa conflict with the UCP. ISSUER: nn BANG OF.LlC�1.OHP.D Christian Bordewick, Branch President Date I k. - r7• u'f ndol rue`, anch Manager Date (.Z mhleb e199e B.nk.rs svrt.m., ire.. Sr. n.w, MN E-OwC P.w t1 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 ofpublic 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: Date: Approval for issuance: City Engineer Approval: Date: (Permit Issuance Date) EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Observatory Park City Staff Contact Persons: Zoning Staff: Gary Lopez 281 N. College Avenue, Fort Collins, Co 80524 (970)416-2338 Development Engineer: Randy Maizland 281 N. College Avenue, Fort Collins, Co 80524 (970) 416-2292 rmaizland@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: Owner: Developer: Project Engineer: Trent Schilousky — Peloton Cycles 1013 East Eisenhower Blvd. Loveland, CO 80538 (970)669-5595 (970) 669-5668 FAX (970) 691-4180 mobile trent cvneloton-cycles com Trent Schilousky — Peloton Cycles 1013 East Eisenhower Blvd. Loveland, CO 80538 (970)669-5595 (970) 669-5668 FAX (970) 691-4180 mobile trentLy�peloton-cycles.com Robin Torres — Peloton Cycles 1013 East Eisenhower Blvd. Loveland, CO 80538 (970)669-5595 (970) 669-5668 FAX (970) 380-3207 mobile Troy Campbell / Jim Blankenship JLB Civil Engineers 743 Pear Ct. Louisville, CO 80027 (303)604-1634 (303) 604-1674 FAX twc c),rideelineconsultants.com General Contractor: Kathy Baldwin — Alliance Construction solutions 2725 Rocky Mtn. Ave., Suite 100 Loveland, CO 80538 (970)663-9700 (970)663-9750 Fax (970) 556-7458 mobile khbaldwinLd�allianceconstruction com 5 of 5 2 O F U W 1 W N W = LL rr0000 Mou,o 00000o Quo 000000 oi0dd�o �vi�r0000ui Brio c�'0 nvc•io �i ni ri m meH u� �n ��nomQ neannor gmQ rr000 rM 1A 19 fA � rW fA M f9 di M � � H fA � !A i9 000000 r rin inOo OO Mth t7 th fA fA i9 f9 O O 008800 �fA OW W �ON m 0000088 F- 0 0 0 0 r 0 m u� » Me w O W O IL 6U O O N O 99 Li ti T>aW UQ ¢UQ J J U W U LD 2L 2 FL — N N R J c 0 U u0- 10 O U N C L a o = m x � U a 2 O O O O O O O O O O O 0��000 th O Y'1 t0 i!1 to ea wre»re»�ursw�� S O O p O Coco N O� OKHON fA� V M•H ��� O p Sp Spp O p Op S O O N O S W MY i90fA��W�� w xxxxxxx lL Li li liUU U UUUU y C_ y J CO y � o m i -dO d R J m w U x L N a m Q Q O O O O O Q Q f9 f9 di IA fA MIA fA 0 0 0— 0 0 0 0 O O O � 0 0 0 0 0 0 0 O N fA tp 19 f9 fD fA 0 � (A th N D O O O OO OD O N p0p 0- 0 0 ��di� Hb9 fA0 EA OW � to u1 No— f O 9 M V M S N— M C9 � In m 4 N f17 (17 YtLLLLLLLyLL }Y J J(nJJJJJ J[n (n M w a.'YIIIT M LMM]'41TW. Io. ONVd DMIN tl31N30 N01S3Nd 'S 101 531OA0 NO1013d NYId 1NDAr ONV UIS IIAID a Nx — Iw 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): Peloton Cycles Project A.K.A. (Marketing name if different from Project Name): Project Location: 3027 E Harmony Road Ft Collins, CO 80528 Lot 5, Preston Center Third Filing Property Owner(At the time of this permit issuance): Individual Name: Trent Schilousky Company Name :yrtntnn ryntPs Address: 1013 E Eisenhower Blvd Loveland CO 80538 Phone number(s): Office: (970) 669-5595 Cellphone: (970) 691-4180 Fax number: (970) 669-5668 Email: trent@peloton-cycles.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: Trent Schilousky Company Name: Prtntnn cy t Address: 1013 E Eisenhower Blvd Loveland CO 80538 Phone number(s): Office: (970) 669-5595 Cellphone: (970) 691-4180 Fax number: (970) 669-5668 Email: trent@peloton-cycles.com Bank of Colorado The way banking should be. December 17, 2007 City of Fort Collins Engineering Department 281 N. College Avenue Fort Collins, CO 80524 Dear Sirs: We hereby establish, at the request and for the account of Robin Torres LLC, in your favor as beneficiary, our Irrevocable Letter of Credit No. 7080000121, in the amount of Sixty-one thousand five hundred and seventy dollars and forty-two cents ($61,570.42) (as more fully described), effective immediately and expiring at the close of banking business on December 17, 2010, at our office at Bank of Colorado, 4848 Thompson Parkway, Ste 100, Johnstown, CO 80534. This Letter of Credit is intended for the funding required for the Robin Torres LLC — Peloton Cycle Development Project ("Development Project") for the assurance of the completion of the construction and 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 17, 2010, against sight drafts in an aggregate cumulative amount not to exceed $61,570.42, dated the date of presentment, drawn on our office referred to above, referring thereon to the number of this Letter of Credit 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 $61,570.42 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 the infrastructure construction and inspection fees, whereupon the amount of this letter of credit may be reduced by the Q mu i .@96.. Mem6erFDIC www.bankotcalarado.com 1609 East Harmony Road 1102 Lincoln Avenue 2534 Branch Fort Collins, Colorado 80525 Fort Collins, Colorado 80524 4848 Thompson Parkway Phone: (970) 206-1160 Phone: (970) 223-8200 Johnstown, CO 80534 Fax: (970) 206-1156 Fax: (970) 223-8201 Phone: (970) 663-7600 Fax: (970) 663-7601