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HomeMy WebLinkAboutPROVINCETOWNE THIRD PHASE 3 A - Filed DCP-DEV. CONSTRUCTION PERMIT - 2011-09-19F6rt City of Collins / Engine�g City of Fort Collins, Colorado DEVELOPMENT CONSTRUCTION PERMIT Permit Number: f I 1 G Issuance Date: 9 l 1 `_; // l Project Name: Provincetowne Filing_3 (Phase 3A) Project Location: Southwest of Lemay Ave/ Trilby intersection Permittee: Larry Buckendorf, Provincetowne Investments LLC (970) 352 7072 City and developer contacts: See attached Exhibit `A' for names and phone numbers of all contact persons for this project. Fees: Permit Application Fee ($400.00 pd 8/9/11) $ paid. Construction Inspection Fee (paid prior to issuance of this permit) $ 29,907.22 Street Cut Fee (to be paid separately) $ Total amount due $ 29, 907.22 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. $ 881,665.74 Form of security deposited with the City:_S#kdw+&wR Bond 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. PRINCIPAL: Provincetowne Investments LLC Jeff Demaske Printed Name anaging Member DEVELOPER: Crow Creek Construction, LLC Jeff Demaske Printed Name �', rRv ,,nl'of��'Managing Member l;, 1-7 SURETY: Merchants Bonding Company (Mutual) Donna Birleffi Printed Name By: Attorney -in- ch Power of Attorney) MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Mike Schmitt, Donna Birleffi of Greeley and State of Colorado its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE ll, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE Il, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 8th day of July , 2009. STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By /-f-7 President On this 8th day of July 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. E CINDY SMYTH C"; Commission Number 173504 %/ My Commission Expires (/ March 16, 201Z Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 15th day of September, 2011 p • ..... . '\NG C. �O�oRPOgq�9y<: -o_ e:z:— • .a; :3• 1933 • e POA 0001 (1/09) Secretary 3. Construction time restrictions: N/A 4. The applicant understands that additional permits may be 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 hermit 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; (3) required certifications from the licensed professional engineer that improvements are completed to City standards, specifications and approved Utility Plans; and (4) 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. 2 I FY 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. I 12. Other conditions: /14 0A)0= 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 conditills so stated in this permit. Applicant/Project Manager's Si Approval for issuance: Date: City Engineer ApproN41'* �s / (Permit Issuance Date) Date: Page 3 of 6 EXHIBIT `A' DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Provincetowne Filing 3 (Phase 3A) Project A.K.A.: Name, address and numbers City Staff Contact Persons: Development Engineer: Sheri Langenberger 281 N. College Avenue, Fort Collins, Co 80524 (970) 221-6573 Construction Inspector: Wayne Lenard 281 N. College Avenue, Fort Collins, Co 80524 (970) 221-6605 Cell (970) 222-6812 Current Planner: Steve Olt 281 N. College Avenue, Fort Collins, Co 80524 (970) 221-6750 Water Utilities Engineer/ Wastewater Engineer: Terry Farrill 4700 S. College Ave, Fort Collins, Co 80525 (970) 226-3104 Erosion Control Inspector: Jesse Schlam 700 Wood Street, Fort Collins, Co 80521 (970) 218-2932 Natural Resources: Lindsay Ex 281 N. College Avenue, Fort Collins, Co 80524 (970) 224-6143 Traffic Operations: Joe Olson 625 Ninth Street, Fort Collins, Co 80524 (970) 221-6062 Street closures: Syl Mireles 625 Ninth Street, Fort Collins, Co 80524 (970) 221-6815 Forestry: Tim Buchanan 215 N. Mason St., Fort Collins, Co 80524 (970) 221-6361 Page 4 of 6 Light and Power: Doug Martine 700 Wood Street, Fort Collins, Co 80521 (970) 221-6700 Developer's Contact Persons: Project Manager: Larry S. Buckendorf, J.D. Provincetowne Investments, LLC 7251 W. 20t" St, Building L, Suite 200 Greeley, CO 80634 (970)352-7072 Cell (970) 539-0131 Fax (970) 330-5357 lam M@ioumeyhomes.com Developer/ Owner: Troy McWhinney, Provincetowne, LLC 2725 Rocky Mountain Ave, Suite 200 Loveland, CO 80538 (970) 962-9990 Cell (970) 227-9269 Fax (970) 635-3003 Troy dgmcwhinney com Project Engineer: John Meyers, JR Engineering 2620 E. Prospect Rd, Suite 190, Fort Collins, Co 80525 (970) 491-9888 Fax (970) 491-9989 jemeyers@jrengineering.com General Contractor: Joe Schumacher, Crow Creek Construction LLC 7251 W. 20th Street, L-200, Greeley, Co 80634 (970) 330-5070 Cell (970) 397-9880 Fax (970) 330-6044 Joe ,Crow -Creek com Grading Contractor: Chris Hogan, Hogan Action Services 9035 Wadsworth Parkway, Suite 4100 Westminster, CO 80021 (303) 421-3478 Cell (303) 472-8822 Fax (303) 421-3488 choeankhoganaction com Page 5 of 6 Utility Contractor: Joe Schumacher, Crow Creek Construction, LLC 7251 W. 20t', Suite 200, Greeley, CO 80634 (970) 330-5070 Cell (970) 397-9880 Fax (970) 330-6044 ioegcrow-creek com Concrete Contractor: Lonny Cogburn, LEC Construction, LLC Flatwork 3310 State Street, Evans, CO 80620 (970) 584-4460 Cell (970) 584-4410 Fax (970) 330-5314 1_onnycogb mggmail com Concrete Contractor: Kenny Garza, Garza Concrete Structures, Inc. Structures 7301 Ivy Street, Commerce City, CO 80022 (303) 289-3251 Cell (303) 598-4854 Fax (303) 289-2628 kenggarzacs.com Paving Contractor: Mike Riba, Lafarge West, Inc 1800 North Taft Hill Road Fort Collins, Co 80521 (970) 407-3600 Cell (970) 556-0118 Fax (970) 407-3902 Mike.ribaglafarge-na com Landscape Contractor: John Tapia, Cade Construction, LLC 1945 Sundance Drive, Longmont, Co 80504 (303) 653-3277 Cell (303) 653-3277 tapiajohn msn.com Page 6 of 6 1�� W W H y w y O 0 in a W I-- Q 0 H U w O w IL z i _ .� O 1�.Uw OIL p o 0 0 �o�}}�oo�oo 00o0Ono00000 CO O M 00�000000000 M000OO NQj f,iOa00 H.a. iA GOOn^ 00 OOMOO0000000 EA�� 69E9^ i fH E9 fH f69 fi?EA to 69 N��tO�O N b9 EA fA ER U5cd 609 G6969 if) NC N 7 cri 7 4 x 0 7 W} LL. :m OpOOgOo t"I�UU UL MUn p0000800000o nnn4� 000000 OOOOU)Ln R OWOOOMMMOMO ��� coo00a000066 69v3E»����69���� U?ggC? v E»iflv�i»O»sO9 J Z G w > m za o z J _J 3 w= .0 F- y 'a p qp 000 00 0 a o� o po, o 00 $ o M o 0 0 0 0 O(M �00O W W W.,(~/�Ci 00 (p N0�Op0 0 0 0 o 00�000000000 Efl tA� am �) o o �d-N000 > qJ Qa+ _0���N to) to H3 to fR fA :A :fl to M_ Ov N N �'? 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J 0N `� (\y �IPt I I r j6 x \ SPs s_" r u9 g3 Rco A ` I R CiF■W , 111t. o� 1+ 1 g 7 i sm 1 I I I SriJ1 e � m IBC �• R i=fig ? 'HUM Ho ro m ROVINCETOWNE FILING N-SCALE t"-too' N. RE —ON BY DATE raElTn�Ec rek THREE —GALE N/A UPDATE i001-INTS PON CARE HOUSING JMJ /1112ol0 UNES SUCH S AS Mmae AMENDMENT R ENGINEMNG a 111 e: 1N utE DATE t1/to/06 •'< < ® J• KB HOME EBEC, SUITE INC. OVERALL PHASING PLAN ,,,, A se7s S. oueeec, suire 300 >PPROPRIATE R-EWNG R EGIGNED BT JMJ °hn Cwgnry CENTENNIAL, CO 60111 AGENCIES. ENQNEERING g u DRANK BT JCS �E ATTN: RICK HOLPP ONLY OR THE PURPosEs ME% 'ky�� w PHONE: 303-323-1156 DESIGNATED By WR o cNECNED By JCS wxwWonLDcan FAX 720-488-3888 nuTNORlznnoN. Bond # COC 60300 DEVELOPMENT BOND KNOW ALL MEN BY THESE PRESENTS: that we, Provincetowne Investments LLC & Crow Creek Construction LLC, as Principal, hereinafter referred to as the "Developer" and Merchants Bonding Company (Mutual), a corporation organized under the laws of the State of Iowa, as Surety, hereinafter referred to as "Surety", are held and firmly bound unto the CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City", in the sum of Eight Hundred Eighty One Thousand Six Hundred Sixty Five Dollars and 74/100's Dollars ($ 881.665.741, to be paid to the City, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, firmly by t presents. WHEREAS, the Developer has submitted to the City for its approval following development project:_Provincetowne Filing 3 (Phase 3A) ; and 1. WHEREAS, the City has approved said development project and the Developer and the City have executed a Development Agreement dated August 24 2011 pertaining to the development project (the "Development Agreement") a copy of which is by reference made a part hereof, and WHEREAS, the City Code requires that the Developer post a bond equal to the total cost to construct the Developer's portion of the public infrastructure (which, upon completion and acceptance by the City shall become the property of the City), which for the above -described development project shall be Eight Hundred Eighty One Thousand Six Hundred Sixty Five Dollars and 74/100's Dollars ($ 881,665.74 ),with such Surety to be upon condition that the bond remain in full force and effect until such time as the City releases such bond, which release shall occur upon (1) issuance to the Developer of a notice of final acceptance stating that all of the public infrastructure improvements have been completed in accordance with the approved plans for said development project and the specifications and standards of the City; and (2) delivery to the City by the Developer of a bond, cash or other securing deposit in a form acceptable to the City to guarantee that the Developer shall maintain and repair all of said public infrastructure improvements in accordance with the City Code. NOW, THEREFORE, the condition of this obligation is such that if the Developer shall truly and faithfully perform to the satisfaction of the City its obligations in constructing, maintaining and repairing the public infrastructure constructed in connection with the aforesaid development project in accordance with the City Code (including the Land Use Code), and the Development Agreement, then this obligation shall be void; otherwise to remain in full force and effect. DATED this 15th day of September 2011