HomeMy WebLinkAboutLANDMARK RESIDENCES ON MOUNTAIN AVENUE - Filed DCP-DEV. CONSTRUCTION PERMIT - 2016-02-01City Of Planning, Development & Transportation
Engineering Department
F6rt
Collins
281 North College Avenue
PO Box 580
Fort Collins, CO 80522-0580
970.221.6605
970.221.6378 - fax
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 16-02 Issuance Date: 112812016
Project Name: Landmark Residences on Mountain Avenue
Project Location: northeast corner of Mountain Avenue and Shields Street
Permittee: Savant Homes, Inc.
City and developer contacts: See attached Exhibit "A" for names and phone numbers of all
contact persons for this project.
Fees: Permit Application Fee 12/18/15 BMISC150764 400.00
Construction Inspection Fee 01/27/16 BMISC160093 1,037.70
Pavement Impact Fee — excavation permit 01/27/16 BMISC160093 1,350.00
Total $ 2,787.70
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.
$ 38,918.80
Form of security deposited with the City: letter of credit no. 725 Great Western Bank
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.
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 extend 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 requests for amendments to this Letter of Credit shall be made in the
form of Exhibit 2 attached 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,
Brent Beichle
Business Banker, Great Western Bank
Issuing Company Name: Great Western Bank
Address: 2015 Clubhouse Drive, Suite 100
Greeley, CO 80634
Phone Number: 970-515-7070
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable
Letter of Credit No. dated , 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 ofthe 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
By:
[Title]
Request for Amendment or Release of Letter of Credit #
The City of Fort Collins certifies that the person signing below is authorized to execute this Request
for Amendment or Release of Letter 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
0 The 6May automatic one year renewal provision contained in the Letter of Credit is
no longer in effect.
0 Release Original Letter of Credit upon receipt of separate replacement Maintenance
Letter of Credit in the amount of... . (current value).
❑ Release Letter of Credit.
In witness whereof, the undersigned has executed this certificate on behalf of the City of Fort Collins
this day of ,
CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
By:
(Name and Title)
Development Construction Permit, Page 2/5
Construction time restrictions: n/a
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 2.6.3(K) of the Land Use Code:
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
construction activities on this project. All required perimeter silt fencing and other erosion/sediment
control best management practices (BMPs) 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.
Development Construction Permit, Page 315
The applicant also understands that at no time pollutants, especially dirt, are allowed to leave the
construction site (either by drainage, wind, or track out) and that the applicant shall immediately
address, and correct the issue regardless of being formally directed by the City.
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: n/a
Permittee's acknowledgment signature:
By signing this permit I acknowledge that I am acting with the knowledge, consent, and authority ofthe
owners of the property (including all owners having legal or equitable interest in the real property, as
defined in Section I-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: 4 >lJ b
Approval for i - -----
c_ City Engineer
Date: I A2 S / �o
(Permit Issuance Date)
Development Construction Permit, Page 4/5
EXHIBIT «A» _
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name:
City Staff Contact Persons:
Development Engineer:
Landmark Residences on Mountain Avenue
Marc Virata
281 North College Avenue, Fort Collins, CO 80524
970 221-6567
Construction Inspector: Kim Keiswetter
281 North College Avenue, Fort Collins, CO 80524
970 221-6609
Current Planner: Clark Mapes
281 North College Avenue, Fort Collins, CO 80524
970 221-6225
Water/Sewer Utilities Engineer: Wes Lamarque
700 Wood Street, Fort Collins, CO 80521
970 416-2418
Erosion Control Inspector: Jesse Schlam
700 Wgod Street, Fort Collins, CO 80521
970 218-2932
Natural Resources: Kelly Kimple
281 North College Avenue, Fort Collins, CO 80524
970 416-2401
Traffic Operations: Martina Wilkinson
626 Linden Street, Fort Collins, CO 80524
970 221-6887
Street closures: Syl Mireles
625 Ninth Street, Fort Collins, CO 80524
970 221-6815
Forestry: Tim Buchanan
215 N Mason Street, Fort Collins, CO 80524
970 221-6641
Development Construction Permit, Page 515
Light and Power: Todd Vedder
7.00 Wood Street, Fort Collins, CO 80521
970 224-6152
Developer' Contact Persons:
Developer/Owner/Permittee
General Contractor
Permittee/General Contractor:
Architect/Planner:
Project Engineer:
Alan Strope
Savant Homes, Inc.
P.O. Box 2066
Fort Collins, CO 80522
970 566-3469
alan@savanthomesinc.com
Brandon Robertson
MS Fort Collins, LLC
14390 Clay Terrace Boulevard, Suite 205
Carmel, IN 46032
(317) 582-6200
brobertson@maininvest.com
Andy Goldman
Vaught Frye Larson Architects
419 Canyon Avenue, Suite 200
Fort Collins, CO 80521
970 224-1191
andy@yfa.corn
Cody Snowdon
Northern Engineering
301 N. Howes, Ste. 100
Fort Collins, CO 80521
970 221-4158 (office)
cody<a,northernen ineering.com
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Great Western Bank®
Making Life Great" Member FDIC
January 22, 2016
City of Fort Collins
Engineering Department
281 N. College Ave.
Fort Collins, Colorado 80524
Dear Sirs:
We hereby establish, at the request and for the account of 1032 West Mountain, LLC, in your favor as
beneficiary, our Irrevocable Standby Letter of Credit No. 725, in the amount of Thirty-eight thousand
nine hundred eighteen and 80/100 Dollars ($38,918.80) (as more fully described below). Effective
immediately and expiring at the close of banking business on January 22, 2017, at our office at 2015
Clubhouse Drive, Suite 100, Greeley, CO 80634.
This Letter of Credit is intended for the funding required for the Landmark Residences on Mountain
Avenue 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 10, 2016, against sight drafts in an aggregate amount not to
exceed $38,918.80, dated the date of presentment, drawn on our office referred 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 $38,918.80 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
original Letter of Credit and original amendments, if any 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 or Release of
Letter of Credit #725" 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 International
Standby Practices ISP 98, International Chamber of Commerce Publication No.590.
G reatWestern Ban k.com